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Home My WebLink AboutAgenda CC 07.09.2013Notice of Meeting of the Governing Body of the City of Georgetown, Texas JULY 9, 2013 The Georgetown City Council will meet on JULY 9, 2013 at 6:00 P.M. at the Council Chambers, at 101 E. 7th St., Georgetown, TX 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. Regular Session (This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) A Call to Order Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures City Council Regional Board Reports City Manager Comments -Water Conservation and watering schedules -Dates for the public hearings for the proposed tax rates -Dates for the public hearings for the Fiscal Year 2013/14 Budget Action from Executive Session Public Wishing to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. B - Mr. Phil Brown regarding the Bed and Breakfast Workshop Item from the meeting held May 28, 2013 Statutory Consent Agenda The Statutory Consent Agenda includes non-controversial and routine items that may be acted upon with one single vote. An item may be pulled from the Consent Agenda in order that it be discussed and acted upon individually as part of the Regular Agenda. C Consideration and possible action to approve the minutes of the Workshop and Regular Council meeting held on Tuesday, June 25, 2013 -- Jessica Brettle, City Secretary D Consideration and possible action to approve a Resolution authorizing the vacation and abandonment of a portion of a Channel Easement located on Lot 3, Block B, Record Final Plat, The Enclave Subdivision, a subdivision of record in Cabinet U, Slide 399, of the Plat Records of Williamson County, Texas and being further described in Volume 416, Page 60 of the Official Records of Williamson County, Texas; authorizing the Mayor to execute a quitclaim deed and/or any other documentation necessary to vacate and abandon the easement; and establishing an effective date -- Terri Glasby Calhoun, SR/WA, R/W-NAC, Real Estate Services Coordinator and Edward G. Polasek, AICP, Transportation Services Director E Forwarded from the Georgetown Village Public Improvement District (PID) Board: Consideration and possible action to approve awardof blanket order for landscaping services in the public areas of Georgetown Village to SunTerra Landscape Services for approximately $75,000 annually, for a period not to exceed five years (one year original term with four one-year renewals) -- Trina Bickford, Purchasing Manager and Micki Rundell, Chief Financial Officer F Consideration and possible action to approve a Resolution appointing members of the Board of Directors of the Williams Drive Gateway Tax Increment Reinvestment Zone (TIRZ), the Downtown Georgetown TIRZ, and the Rivery Park TIRZ -- Micki Rundell, Chief Financial Officer and Paul E. Brandenburg, City Manager G Consideration and possible action to approve a Resolution adopting prevailing wage ratesfor public work projects awarded by the City in accordance with Chapter 2258, Texas Government Code -- Bridget Chapman, Acting City Attorney H Consideration and possible action regarding a Resolution granting a petition and setting public hearing dates for the voluntary annexation into the city limits of 20.03 acresin the Dyches Survey, to be known as Vantage at Georgetown, located on FM 1460 south of SE Inner Loop -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director I Consideration and possible action on a Resolution acknowledging a petition and setting public hearing dates for the voluntary annexationof 98.22 acres in the Hudson Survey, to be known as Celebration Church, located at Rabbit Hill Road and Westinghouse Road -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director J Consideration and possible action regarding a Resolution granting a petition and setting public hearing dates for the voluntary annexation into the city limits of 81.58acres in the Walters Survey, for Section III of the Madison at Georgetown, located on Ronald Reagan Blvd -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director K Consideration and possible action to utilize forfeited funds for Department purchases in an amount not to exceed $58,000 --Wayne Nero, Chief of Police Legislative Regular Agenda L Public Hearing on the voluntary annexation into the city limits of 20.03 acres in the Dyches Survey, to be known as Vantage at Georgetown, located on FM 1460 south of SE Inner Loop -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director M Public Hearingfor the voluntary annexation into the city limits of 98.22acres in the Hudson Survey, to be known as Celebration Church, located at Rabbit Hill Road and Westinghouse Road -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director N Public Hearingfor the voluntary annexation into the city limits of 81.58acres in the Walters Survey, for Section III of theMadison at Georgetown, located on Ronald Reagan Blvd -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director O Consideration and possible action to approve the implementation of the City’s proposed Self- insurance Plan -- Micki Rundell, Chief Financial Officer P Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible action to authorize the purchase of the Parcels 101 (Rhodes) and 1AAQ Parts 2A, 2B, 3A and 3B (NNP-Teravista, LLC) in the amount of $1,493,000.00, plus closing costs, in connection with the TxDOT FM 1460 Improvement Project (South Segment – 0.6 mi N of Westinghouse Rd. to 0.05 mi S of University Blvd., Round Rock -- Edward G. Polasek, AICP, Transportation Services Director and Terri Glasby Calhoun, Real Estate Services Coordinator Q Second Reading of an Ordinance for the Rezoning of 4.503 acres in the John Powell Survey, to be known as Mac Haik Automotive, from AG, Agriculture to C-3, General Commercial, located in the 7200 block of Kelley Drive -- Carla Benton Planner and Andrew Spurgin, Planning Director (action required) R Second Reading of an Ordinance for a Special Use Permit for 4.503 acres in the John Powell Survey, to be known as Mac Haik Automotive, to allow an automotive use in a C-3 Zoning District, located in the 7200 block of Kelley Drive -- Carla Benton, Planner and Andrew Spurgin, Planning Director (action required) S Discussion and possible direction to the City of Georgetown's Transportation Advisory Board (GTAB) to conduct an analysis and make a recommendation to the City Council no later than June 24, 2014 ,regarding the City's potential future participation in State and Regional Transportation Organizations including the benefits, conditions, and justification which would prompt the City's participation in Project Connect, Lone Star Rail and any other relevant State and Regional Transportation Organizations that the City should be involved with -- Steve Fought, Councilmember, District 4 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. T 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 - Rivery Update - LCRA Update - CTSUD Update - Discussion regarding approval of a settlement agreement for the DNT Construction Claim on the SE1 Arterial Project Sec 551.074: Personnel Matters - Status of the City Attorney position Adjournment Certificate of Posting I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the _____ day of _________________, 2013, 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 July 9, 2013 SUBJECT: Call to Order Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures City Council Regional Board Reports City Manager Comments -Water Conservation and watering schedules -Dates for the public hearings for the proposed tax rates -Dates for the public hearings for the Fiscal Year 2013/14 Budget Action from Executive Session ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Cover Memo Item # A City of Georgetown, Texas July 9, 2013 SUBJECT: - Mr. Phil Brown regarding the Bed and Breakfast Workshop Item from the meeting held May 28, 2013 ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Cover Memo Item # B City of Georgetown, Texas July 9, 2013 SUBJECT: Consideration and possible action to approve the minutes of the Workshop and Regular Council meeting held on Tuesday, June 25, 2013 -- Jessica Brettle, City Secretary ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: ATTACHMENTS: DRAFT June 25, 2013 Workshop Minutes DRAFT June 25, 2013 Regular Meeting Minutes Cover Memo Item # C City Council Meeting Minutes/ Page 1 of 3 Pages Draft Minutes of the Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, June 25, 2013 The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Patty Eason, Tommy Gonzalez, Troy Hellmann, Steve Fought, John Hesser, Jerry Hammerlun, Rachael Jonrowe Council Absent: All Council Present. Staff Present: Paul E. Brandenburg, City Manager; Jessica Brettle, City Secretary; Bridget Chapman, Acting City Attorney; Micki Rundell, Chief Financial Officer; Shirley Rinn, Executive Assistant to the City Manager; Laurie Brewer, Assistant City Manager; John Sullivan, Fire Chief Minutes Policy Development/Review Workshop - Call to order at 02:00 PM A Social Service & Youth Program Funding Applicant Presentations to Council -- Paul E. Brandenburg, City Manager Mayor provided a brief overview of this process. He said the Council is interested in knowing how the organizations are functioning. He said the organizations each have three minutes to address Council and the Council is able to ask questions if so desired. He noted the Council will determine the funding allocations at a future meeting. Representatives from the following organizations spoke to Council regarding their social service funding applications: Assistance League of Georgetown, Bluebonnet Trails Community MHMR, Briarwood-Brookwood, Inc, Faith in Action Caregivers, The Caring Place, Habitat for Humanity, Literacy Council of Williamson County, Lone Star Circle of Care, Senior Center at Stonehaven, Williamson County Crisis Center dba: Hope Alliance , Williamson-Burnet County Opportunities (WBCO), Getsemani Community Center- George Brightwell, CASA of Williamson County, Texas, Family Eldercare- Angela Atwood, Samaritan Center for Counseling and Pastoral Care, Goodwill Industries of Central Texas Representatives from the following organizations spoke to Council regarding their youth program funding applications: Boys and Girls Club, Georgetown Cultural Citizen Memorial Association, Georgetown Partners in Education, Georgetown Project, Getsemani Community Center, R.O.C.K, Ride on Center for Kids, WC4C, Williamson County Historical Museum, Inc. , Williamson Council on Alcohol and Drugs dba LifeSteps, Boy Scouts of America, Capital Area Council, San Gabriek District and Pack 2935 For complete video and audio of the comments and discussion, please visit the City of Georgetown's GTV website at http://government.georgetown.org/gtv/ Attachment number 1 \nPage 1 of 3 Item # C City Council Meeting Minutes/ Page 2 of 3 Pages B Presentation of the General Capital Projects for Parks, Downtown and Facilities -- Paul Brandenburg, City Manager and Laurie Brewer, Assistant City Manager Brandenburg introduced the item and said this presentation will focus on the downtown and community services CIP Projects. He spoke about the future of the facilities plan as well. He said there are some unique opportunities that are going to take place downtown in terms of facilities. He spoke about parking downtown and how it is becoming an issue now that more people are coming downtown. With a Powerpoint Presentation, Brewer said this went to the GGAF Board and some of the other downtown boards as well. She described Capital Improvement Projects and what those entail for the Council. She said CIP projects are large, one time expenditures for fixed assets. She said this evening staff is seeking Council feedback and approval for the proposed projects for fiscal year 2013/14. She said staff does look at planning for a five year period. She described the current CIP authorizations, including the 2008 Bond Election, which authorized $81.5 million for roads and parks. She said the County has issued all of its voter authorized debt, however, they are putting together a proposal for a future bond referendum. She spoke about the Parks Bonds and said the total package was $35.5 million and passed with 58% of the vote in November 2008. She said the actual bond language does not stipulate amounts but she listed the original proposed amount for the different projects. She said the first bond issuance was for $4.5 million and $1 million was used for trails. She said about $500,000 was used to take out San Gabriel pool and build the parking lot next to the community center. She said $1 million is to be spent on bank stabilization and the playscape. She said the last bond issuance was for $5 million and she described the many projects under that issuance, including Garey Park, Westside Park purchase, San Gabriel Park planning and design, River Corridor park preservation, Playscape, San Gabriel Park Bank stabilization, trail and San Gabriel pool demolition and parking lot. She listed the remaining funds after all of these projects are completed. She spoke about the specific Parks Bond projects coming in 2013/14. She said Garey Park design/planning and engineering will take place with a cost of $1.5 million. She said the master planning and design for San Gabriel Park is $1 million. She spoke about the planning of a potential historic park with a cost of $500,000. She said other projects for this year include Chautauqua Park, McMaster Athletic Complex, VFW Park, Williams Drive Pool, River Ridge Pool and the Tennis Center Pool. She spoke about the sidewalks strategy for 2014. She said the goal is to do a comprehensive sidewalk study to determine all of the gaps throughout the City. She said the strategy for the current year while they are doing the study is that the city will do new sidewalk construction/rehab in conjunction with downtown streets rehabilitation. She listed the various sidewalk projects being recommended for repair over the next year. She said they are also looking at the trailhead at Austin Avenue as well as pedestrian signals when warranted. She listed some of the other projects including the continued expansion of antique street lights, conducting a mast arms study and the emergency warning system. She showed Council a map of the location of the current warning sirens. Jonrowe left the dais. Brewer spoke about parking. She provided Council with an example of how a parking garage can be incorporated into the downtown and look like a regular building. She said they have identified several options for parking. She said they are looking at a full scale parking facility with retail space at Rock and 6th. She said the County has indicated the City can partner up for a surface parking lot at MLK and 8th. She said they are also considering a parking facility on the Hewlett Parking lot at Main and 9th. She spoke about the Facilities Master Plan and the three stages of projects as identified in the 2003 Master Plan. She provided updates on all of these projects. She said the final goals are municipal court, city hall and a parking structure. She said Brandenburg had mentioned construction of a Downtown Civic Center and festival area west of the square along 8th Street. She said that is still the current plan. She showed Council a proposed calendar for the Downtown Civic Center. She said Phase 1 (2013/2014) would start with Municipal Court and the MLK and 8th Parking Lot. She said Phases Two, Three and Four will be in future years and will be brought forward later for future discussion and consideration. She described the plan for some of the other facilities as well, including PSTOC, West Side Service Center, NW ESD Fire Station, East Side Fire Station and the Collection Station. She spoke about the next steps of the process. There was much discussion. Gonzalez said he thinks the facilities plan is a great idea and he spoke of the importance of getting some of the city properties back on the tax rolls. Hammerlun asked and Brewer confirmed the amphitheater was approved in the bond election of 2008. Hammerlun asked about the possible bond election of Spring 2015. Brewer said the funds for the projects before then would come from certificates of obligation and cash balances. Hammerlun asked about the stage of the planning for the parking structure. Brewer said they are currently packaging a request for proposals for parking, facilities study and landscape architects in order to do a full fledged analysis of what the needs are downtown. Brewer said the public private partnership is very appealing because the first floor of the garage could be use as retail and dresses up the building. Hammerlun said he thinks there are groups out Attachment number 1 \nPage 2 of 3 Item # C City Council Meeting Minutes/ Page 3 of 3 Pages there that would be interested in a competitive package like that. He said he also has questions for the emergency warning system. Brewer said this is included in a future budget. Fought said it seems there will not be another bond election in the future. Brewer said there will not be an election for the current year but noted they have been looking at bond issues in the future. Fought said he likes the plan for the parking garage. C Update on the Fire Department Study being done by Emergency Services Consulting International (ESCI) -- John Sullivan, Fire Chief With a Powerpoint Presentation, Sullivan provided the Master Plan for the Fire Department and their Fire Department Program and Service Audit to the City Council. He spoke about the reason behind this plan and said it is to determine what's working and what needs improvement. He said the plan is an honest assessment of who we are, what we can do and where we need to go. He provided the Council with a summary of the process for this study. He said the RFP went out in March and there were site visits with peer evaluators in April. He said the evaluation process includes a lot of things and he described those for the Council. He showed a map of the City of Georgetown and the location of the emergency services district area and the locations of the current fire stations. He showed the Council the organizational structure of the Fire Department. He said the current structure had a few flaws in it due to the growing department. He showed Council the new, proposed structure that meets the industry standards. He showed Council the Fire and EMS cost per capita. He showed Council a graph of the total incidents per 1,000 population as compared to the urban and rural highs and lows. He showed Council the fire loss statistics as well. He said setting up planning and goals is really what this work plan is about. He said administrative and support staff is one element to look at and he described the study results for that issue. He spoke about training and safety and why this is an area of concern for the department. He said one of the areas is the candidate physical ability test or CPAT. He noted the City has a program in place and it has not be validated and does not meet the national study. He described the key facts and findings for the fire prevention and public education section. He described the findings and recommendations under the Emergency Management section as well. He said the current capital assets per 1,000 population is quite good. He showed Council a map showing the incident density throughout the City. He said a lot of the fires and incidents are happening along major thoroughfares. He showed Council a map of the response capabilities and noted this will assist the City in determining where future fire stations are needed. He spoke about response times and said the City has an average response time of 6 minutes and 55 seconds, which is high. He spoke about what the department is looking to do in order to address those issues and decrease the response time. He said their goal is a 5 minute response time. He described the future demand estimated on the fire department and EMS. He showed Council a map of the future stations based upon short term growth projections. There was much discussion and many questions. Gonzalez mentioned achieving a better diversity in the department. Sullivan said the report did find a deficiency in that issue, He said the study said the training staff is understaffed and he hopes hiring more staff will assist in reaching more people and improving recruitment. Meeting recessed to Executive Session under Sections 551.071 and 551.086 -- 4:55PM Meeting returned to Open Session and adjourned -- 6:04PM Adjournment The meeting was adjourned at 06:04 PM. Approved : Attest: _______________________________________________ Mayor George Garver City Secretary Jessica Brettle Attachment number 1 \nPage 3 of 3 Item # C City Council Meeting Minutes/ Page 1 of 7 Pages Draft Minutes of the Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, June 25, 2013 The City Council of the City of Georgetown, Texas, met in Regular Session on the above date with Mayor George Garver presiding. Council Present: Patty Eason, Tommy Gonzalez, Troy Hellmann, Steve Fought, John Hesser, Jerry Hammerlun, Rachael Jonrowe Council Absent: All Council Present. Staff Present: Paul E. Brandenburg, City Manager; Jessica Brettle, City Secretary; Bridget Chapman, Acting City Attorney; Micki Rundell, Chief Financial Officer; Laurie Brewer, Assistant City Manager; John Sullivan, Fire Chief; Kimberly Garrett, Parks and Recreation Director; Carla Benton, Planner; Andrew Spurgin, Principal Planner; Mike Elabarger, Senior Planner; Mark Miller, Transportation Services Director; Edward Polasek, Transportation Services Director; Bill Dryden, Transportation Engineer Minutes Regular Session - To begin no earlier than 06:00 PM (Council may, at any time, recess the Regular Session to convene an Executive Session at the request of the Mayor, a Councilmember, or the City Manager for any purpose authorized by the Open Meetings Act, Texas Government Code Chapter 551.) A Call to Order -- Meeting called to order at 6:10PM Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures City Council Regional Board Reports City Manager Comments - July 4th City Closures - 30th Annual Sertoma 4th of July Celebration at San Gabriel Park - Fireworks Prohibited - Water Conservation Regulations Action from Executive Session Motion by Gonzalez, second by Fought to respond to the mediator proposal concerning settlement of the DNT construction claim for payment on the Southeast Arterial One project on terms as discussed in Executive Session. Approved 7-0 Public Wishing to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak Attachment number 2 \nPage 1 of 7 Item # C City Council Meeting Minutes/ Page 2 of 7 Pages and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. B - As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda Statutory Consent Agenda The Statutory Consent Agenda includes non-controversial and routine items that Council may act on with one single vote. A councilmember may pull any item from the Consent Agenda in order that the council discuss and act upon it individually as part of the Regular Agenda. C Consideration and possible action to approve the minutes of the Workshop and Regular Council meetings held on Tuesday, May 28, 2013 and Tuesday June 11, 2013 -- Jessica Brettle, City Secretary D Consideration and possible action to accept a matching grant from the Texas Historical Commission for a Certified Local Government Grant in the amount of $7,000 -- Kimberly Garrett, Parks and Recreation Director and Laurie Brewer, Assistant City Manager E Forwarded from the Parks and Recreation Advisory Board: Consideration and possible action to approve an Interlocal Agreement with Williamson County preserving 11.7 acres of parkland as part of the County’s Regional Habitat Plan to protect endangered species -- Kimberly Garrett, Parks and Recreation Director and Laurie Brewer, Assistant City Manager Motion by Fought, second by Eason to approve the consent agenda in its entirety. Approved 7-0 Legislative Regular Agenda Council will individually consider and possibly take action on any or all of the following items: F Consideration and possible action to approve a Resolution providing for withdrawal of the City of Georgetown from membership in the Lone Star Rail District -- Bridget Chapman, Acting City Attorney Mayor described the item and the action that has been taken on the subject matter in the past. He said the City Manager has some authority to provide variance to the speakers. He said the City Manager has authorized a 30 minute presentation from the rail district. He said the City Council will then hear from those who have signed up to speak, followed by comments and discussion from the City Council. Chapman said, at the June 11, 2013, the City Council directed staff to prepare a resolution terminating the City's membership in the Lone Star Rail District. She said the City pays $50,000 per year for the membership. Brandenburg said it is City Manager's discretion to provide organizations with extra time to present to the Council and noted, after being approached by the Rail District, he thought it wise to give them 30 minutes to speak. He introduced Joe Black from the Lone Star Rail District to the City Council. Black introduced himself from the Rail District. He provided a briefing of their project to the Council. With a Powerpoint Presentation, he introduced their funding expert Joseph Loussard and spoke about the objectives of the Lone Star Rail District. He provided the Council with a list of the jurisdictions and service area covered by the district as well as a map of the system. He said they plan to have 16 stations. He said, at their full service level, they plan to offer 32 round trips per day. He described the urban freight rail bypass line that the project also includes. He said the union pacific is in support of this project. He read a statement of support from union pacific. He posted a picture of a joint inspection exercise He spoke about some of the benefits of passenger rail and the LSTAR rail. He said it provides regional linkages between activity centers, it connects urban centers, it is congestion proof predictable service, expandable/responsive capacity, reduces growth in traffic demand, increases economic development and improves the property values that would pay the local cost of the service. He said there has been some mistaken information that has been put out asking if there would be a tax increase because of this project. He said there will not be a tax increase. He spoke about the proposed sites for rail stops and noted those could always change. He spoke about how I-35 is one of the most dangerous highways in the United States and how this rail will improve safety in the Central Texas area. He introduced Joseph Loussard, wh spoke about Project Connect is an effort between organizations to look at high capacity transit throughout central Texas and beyond to south of San Antonio. He showed the Council where they are in the planning process. He Attachment number 2 \nPage 2 of 7 Item # C City Council Meeting Minutes/ Page 3 of 7 Pages said, right now, they are reaching out to the communities to talk about funding plans. He continued to speak about the conceptual funding plan. He said there are no final decisions being made at this time. He said there are some fundamental things about the funding plan, including maximizing federal participation and looking at partnerships with communities. He spoke about Tax Increment Financing District and how this concept will contribute to the construction of this project. He described the areas where these districts would be established. Black spoke about the issues of leaving the District and wanting to join later and how they do not yet have a specific policy about this. He said if the City leaves and wish to come back in, there will be some financial consideration. He said it is more of an equity issue than anything else. He said, if Georgetown leaves and wants to come back, it could be from $50-$100 million to come back in. He said there would be a financial consequence to leaving the district and then coming back. He said local funding is the gateway to capital funding from public and private sources. He described the development of their financial plan alternatives. He showed Council the capital funding outline. He said both federal and state governments believe this is real and noted they have invested money already. He said this project has been classified an "administrator's priority" on the national level. He said LSTAR will build the freight rail bypass line and turn ownership over to Union Pacific Railroad (UPRR). He spoke about the local funding commitments. He said, at their initial service level, the O&M on an annual basis would be $30 million. He spoke about the interlocal agreements that would be entered into with the various cities. He said they want the local jurisdictions to hold them accountable. He said, when in operation, LSRD will annually identity excess funds to return to the contributing jurisdictions. There was much discussion. The following people spoke against the Resolution: Arthur Dale, Tom Dale, Andrew Solin, Paul Newton , Rick Williamson, Marcy Urban, Dwight Richter, Jay Pierson , Lalena Parkhurst, Reg Bess mer, Nick Ramos, Ana Thomas, Sarah Blankenship, Ruth Roberts, Joshua Long, Judy Sheppard, Sandra Nenga, Melanie Jamison, Amir Hessabi, Gwen Green, Paula Trietsch Chaney, Robert Slobod, Dan McCullough, Jane Bonk, Nancy Miller, Roy Peck, Gardner Ayres, Zoe Selbin, Mary Griffith, Paula Hundley, Dwaine Boydstun, Sharon Lesikarr, Diane Gadell, Brenda O'Dell, Marie Smith, Steve Johnston, Matthew Dula, Kathleen Webb, Selene Mills, Ross Hunter, Michael Cox, Rachel Cummins The following people spoke in favor of the Resolution: John Marler, David Schumacher, Rick Lutowski, Terry Putnam For complete video and audio of the comments from the public, please visit the City of Georgetown's GTV website at http://government.georgetown.org/gtv/ Meeting recessed at 8:47PM Meeting resumed at 8:55PM Gonzalez said we are focusing a lot on the $50,000 annual amount. He said it is not a lot, but it is the cost of operating and maintaining the rail that will be a lot of money. He said the other part of the equation is that the general fund is $39 million and that is where this membership costs comes from. He said Georgetown is the only entity in Williamson County paying into the district and yet there are six stations in the County. Gonzalez asked and Black said the stations are brought forward from Project Connect. Gonzalez said, when you make the commitment to run for office and do public service, he is bound to what his constituents want. He said, in his elections, he did not make rail a campaign issue. He said the majority of his constituents sent the message that they are not in favor of this. He said only fifty people spoke today versus the survey that had 900+ responses. He said we have to look at the big picture and noted it is obvious the citizens are not wanting this. He said citizens should not disenfranchise his constituents or place personal attacks on him. He spoke about the survey and said it was a scientific poll. He said he is representing his citizens. Jonrowe asked and Black confirmed they are public agency established by the Texas Legislator. Black said they have a twenty member board, some are elected officials and some are representatives of the business community.Jonrowe said there has been talk of comparing Georgetown to other communities and she asked about the advantage of staying in now rather than coming in later. He said staying in will give the City a voice in the process. Black spoke about some of the other communities and how they do not have the financial ability to come in at this point. Jonrowe asked and Black said our membership dues do not commit the city to any future funds. Jonrowe asked about density and how many people are saying the City does not have the population density to support this project.Black said this is a legacy project that is looking out 30-50 years into the future. He said this is not a project meant to address transportation issues now. Hammerlun asked and Black said Round Rock is interested in participating through Project Connect. Attachment number 2 \nPage 3 of 7 Item # C City Council Meeting Minutes/ Page 4 of 7 Pages Hammerlun thanked Black for talking about their O&M costs. Black said the commitment they are asking for is not a dollar figure. He said the commitment is the creation of the value capture districts and he said they do not intend to say $2 million is what they need. Hammerlun asked and Black said they are participating with other entities through Project Connect but it will lead them into the Rail District. Black said the CAMPO travel demand model has never been FDA compliant. Black said there is an interlocal agreement between Capital Metro and the City of Austin and the Rail District in order to advance this study. Hammerlun asked and Black spoke in detail about the ridership study. Hammerlun asked and Black said they have a very good partner in TXDOT. Black said this is the first legislative session he can remember where the Director of TXDOT was involved in pushing legislative to get money put toward rail relocation. He continued to speak about this. He spoke about the changing of minds of TXDOT regarding the possibility for rail. Fought spoke about the cost to re-enter and added the $50 million to the $100 million amount is out of the ball park. Black said he feels that they need to have lower barriers to enter into the district. Fought asked and Black said they are hoping to change the County's mind about joining the district. Fought said this is a big project and there is a lot of risk. He noted he is not sure if the City should lean into this risk without participation from the County. Black said we are not asking the cities to share in the risk of capital. Fought said that is not necessarily true. He said he would not put his money on this and he is having difficulty saying he would put your money on this. Hesser said his issue is regarding the TIF. He asked and Black explained how the TIF would work. Hesser asked and Black said, if the City got out and came back in, they could probably get in for $100,000.Black said if the City opts out and the other jurisdictions have not, there will be ramifications to the funding plan because of that decision. He said development decisions would have been made and the City would be shorting its funding ability to pay into the system. He said they would get farther and farther into a hole the later the City waits to get back in. Hesser asked that Black send him the financial statement. Hellmann asked and Black said the stations in Williamson County are not final yet and added some of the stations will also be capital metro stations. He spoke about his discussions with other Williamson County entities. Hellmann asked and Black said Cedar Park does not currently have a station. He said recently, Cedar Park approached capital metro asking for a station. Black said, now that Cedar Park wants a station, they will need to bear much of the cost. That cost is a policy decision at the Board level. Hellmann asked and Black siad, at the highest service level, there will be a train leaving the station every 15 minutes. He said there would also be an express service from Austin to downtown. Eason said it sounds like the real problem for people is the issue of getting out and the cost of getting back in. She spoke about the possibility of missing out on the opportunity of that infrastructure being built. She said there needs to be a better understanding of the uniqueness of Georgetown. Black said Georgetown is unique as it is not on the Union Pacific rail line and he spoke about what they means for the planning process. He said it will be more expensive to build and study environmentally. He said the Board of Directors selected Georgetown as the Northern terminus. Eason described why Birkman and Williamson County got out of the district. Gonzalez asked and Black confirmed he is paid to work for the district and said his job is to study the facts and present the facts. Gonzalez asked and Black said none of the rail he has worked on has failed. Gonzalez asked and Black said, just like every road in the country, there is no money returned. Gonzalez asked and Black said there are no additional taxes related to the rail. He said most people see the rail as a positive advantage to their business. Jonrowe said Gonzalez is being disingenuous and trying to throw confusion on this issue. She said, at the end of the day, it is going to be up to Council to see how the City votes for this in the future. Black agreed. Jonrowe asked and Black said it is a misconception that they build the station. Black said the value capture mechanism is the one they have in their legislation. Jonrowe asked and Black confirmed the City will have the ultimate authority on how the rail will be built and funded. Hammerlun said he would like to talk more about the timeline. He asked and Black said the environmental studies and reports can be done in about 4 years. Black said they are about send a letter of initiation to the federal highway administration to formally open the project. He continued to describe this process. Hammerlun asked and Black said there are multiple locations being studied with respect to rail relocation. Hammerlun said the worst case scenario is this would take five years and best case is three years. Hammerlun asked and Black said the money for this study comes from state and federal entities as well as private investors. Hammerlun asked for a best case scenario timeline and Black provided this to him. Hammerlun asked and Black said he has worked on projects where the ridership is both below and above what was expected. Black added none of his projects have failed. Attachment number 2 \nPage 4 of 7 Item # C City Council Meeting Minutes/ Page 5 of 7 Pages Fought said he thinks the TIF or TOD is a fine idea. He noted he is trying to evaluate the risk versus the reward. He said there was mixed information regarding who was going to build the station.Fought asked and trips per day and how many people per trip. Black said it would be about 500-600 people per trip. Fought said what he is trying to calculate the risk on this. He said that is a lot of growth we have to have to support that. Fought spoke about the travel time between Georgetown and Austin. He said people would have to drive to the station, pay money to park, pay to take the rail, then maybe rent a car once he gets to the final stop. He said it seems you would not get to your final destination as quickly. Black said it is not true that the stations would be in undeveloped areas. He said some cities want the station downtown so it can be a gateway to their downtown area. He said New Braunfels wants their station downtown because they see it as a destination. He said Georgetown saw Georgetown's station as more of a commuter station. He said it will vary depending on the station. Hesser asked and Black said their hope is for 12 round trips per day. Hesser asked about how much the TIF would need to produce for maintenance costs. Black spoke about how these costs would be broken up between all of the participating entities. Hellmann asked about the TIF intersections and Black said they have done traffic counts at some of the intersections and they were the same as 30 years ago because they are at their maximum. He said there will not be one station that will suffer. Hellmann asked and Black said the north corridor study includes Lone Star Rail as a given. Hellmann asked and Black spoke about how the rail plans are going to be connecting the airport to the Austin area. Hellmann appreciates his candor and being transparent. Eason said one question she received was if the City will be paying $50,000 after the station is built. Black said the official response is they do not know yet . He said his recommendation is to remove that cost but noted it is a Board decision. Eason said all of the entities are in this together and people across the country are subsidizing participation in this program. He said there are a lot of misconceptions that Round Rock staff has regarding costs. Eason said she would like to bring up the survey. She quoted the actual question regarding if citizens would support or not support a tax increase on transportation related items. She said no transportation item received majority support. She said 70% of the respondents would not support tax increases for construction of new overpasses on I-35 or expanding FM 1460 from Georgetown to Round Rock. She said people need to understand the real question of the survey. Motion by Gonzalez, second by Fought to approve the Resolution. Jonrowe read a statement into the record. For complete video and audio of the statement, please visit the City of Georgetown's GTV website at http://government.georgetown.org/gtv/ Fought said this has been a good discussion. He said this is not going to be free. He noted the cost is shared but it is there and it is substantial. He said there are Georgetown tax dollars involved. He said he is trying to evaluate the risk in all of this and he feels the city is bearing too much cost and gaining too much operational risk. He noted this needs to involve the County. He said, without the County in it, in his view it does not pay. Fought said he is interested in Project Connect. He said it makes sense to him to turn this over to GTAB for further study and discussion. He said, in his opinion, take participation off the table for now and ask GTAB to take a look at it and work with the County and see if they are going to participate. Vote on the motion: Approved 6-1 (Jonrowe opposed) Eason said she voted in favor of this motion because she will be bringing this back to Council as a motion to reconsider. G Public Hearing and First Reading of an Ordinance for rezoning of 4.503 acres in the John Powell Survey, to be known as Mac Haik Ford Truck, from A, Agriculture to C-3, General Commercial, located in the 7200 Block of Kelley Drive -- Carla Benton, Planner and Andrew Spurgin, Planning Director (action required) Jonrowe left the dais. Spurgin described the item and said there is an SUP application that is a companion to this item as well. He said the Planning and Zoning Commission considered this item on June 4th and approved it unanimously. He read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 10:37PM Attachment number 2 \nPage 5 of 7 Item # C City Council Meeting Minutes/ Page 6 of 7 Pages No persons were present to speak. Public Hearing was closed at 10:37PM Motion by Hellmann, second by Fought to approve the Ordinance on first reading. Approved 6-0 (Jonrowe absent) H Public Hearing and First Reading of an Ordinance for a Special Use Permit for 4.503 acres in the John Powell Survey, to be known as Mac Haik Ford Truck, to allow an automotive use in a C-3 Zoning District, located in the 7200 Block of Kelley Drive -- Carla Benton, Planner and Andrew Spurgin, Planning Director (action required) Spurgin described the item and said this is a companion to the previous case. He said this will allow for a full service automotive use. He added this item does require a public hearing. He read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 10:39PM No persons were present to speak. Public Hearing was closed at 10:39PM Motion by Hammerlun, second by Fought to approve the Ordinance on first reading. Approved 6-0 (Jonrowe absent) I Second Reading of an Ordinance for a Rezoning of 34.174 acres in the Joseph Fish Survey, located at 4700 Williams Drive, between Wildwood and Woodlake Drives, from 9.04 acres of the Office (OF) District and 25.13 acres of the Local Commercial (C-1) District to 14.97 acres of the Office (OF) District and 19.20 acres of the Local Commercial (C-1) District -- Mike Elabarger, Senior Planner, and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and said this is a request to rezone and enlarge the office portion on this property by 6 acres. He said the Planning and Zoning Commission recommends approval of the item. He read only the caption of the Ordinance on second reading. Motion by Hammerlun, second by Gonzalez to approve the Ordinance. Approved 6-0 (Jonrowe absent) J Second Reading of an Ordinance to approve formally adopting the Fiscal and Budgetary Policy to be used in preparing the 2013/14 annual budget and to guide financial operations -- Micki Rundell, Chief Financial Officer (action required) Rundell described the item and said this was discussed with Council in a Workshop on June 11. She reviewed the recommended changes to the policy and read only the caption of the Ordinance on second reading. Motion by Fought, second by Hammerlun to approve the Ordinance. Approved 6-0 (Jonrowe absent) K Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a contract for the 2013 Street Asphalt Recycling/Mill Overlay to Cutler Repaving Inc., of Lawrence, Kansas in the amount of $909,942.50 -- Mark Miller, Transportation Services Manager and Edward G. Polasek, AICP, Transportation Services Director Fought left the dais. Miller described the item. He described the cutler process for the Council and said this will involve a portion of Williams Drive. He said he will be meeting with the downtown lowdown group to discuss the process with the merchants as this will also be used downtown. Fought returned to the dais. Motion by Hammerlun, second by Hellmann to approve. Approved 6-0 (Jonrowe absent) Attachment number 2 \nPage 6 of 7 Item # C City Council Meeting Minutes/ Page 7 of 7 Pages L Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a contract to Intermountain Slurry Seal, Inc., of Lewisville, TX, for the rejuvenation and single course surface treatment portion of the 2013 Street and Drainage CIP in the amount of .$1,161,486.02 -- Mark Miller, Transportation Services Manager and Edward G. Polasek, AICP, Transportation Services Director Miller described the item and said spoke about the rejuvenation and single course surface treatment portion of the 2013 street and drainage CIP. He said this would be the third round of this process and will also include the chip seal. Motion by Hellmann, second by Gonzalez to approve. Approved 6-0 (Jonrowe absent) M Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a Construction Contract to Joe Bland Constructors, LP, of Austin, Texas, for the construction of the DB Wood Road Improvements at Public Safety Operations Building in the amount of $638,448.42 -- Edward G. Polasek, AICP, Transportation Services Director and Bill Dryden P. E., Transportation Engineer Polasek described the item for the Council. He said staff and GTAB are both recommending approval of this item. Motion by Fought, second by Eason to approve. Approved 6-0 (Jonrowe absent) Adjournment The meeting was adjourned at 10:47 PM. Approved : Attest: _______________________________________________ Mayor George Garver City Secretary Jessica Brettle Attachment number 2 \nPage 7 of 7 Item # C City of Georgetown, Texas July 9, 2013 SUBJECT: Consideration and possible action to approve a Resolution authorizing the vacation and abandonment of a portion of a Channel Easement located on Lot 3, Block B, Record Final Plat, The Enclave Subdivision, a subdivision of record in Cabinet U, Slide 399, of the Plat Records of Williamson County, Texas and being further described in Volume 416, Page 60 of the Official Records of Williamson County, Texas; authorizing the Mayor to execute a quitclaim deed and/or any other documentation necessary to vacate and abandon the easement; and establishing an effective date -- Terri Glasby Calhoun, SR/WA, R/W-NAC, Real Estate Services Coordinator and Edward G. Polasek, AICP, Transportation Services Director ITEM SUMMARY: On January 11, 2012, the City received an application for the vacation and abandonment of a portion of a 1956 drainage channel easement that was conveyed to the State of Texas at the time the State acquired right of way to construct FM 2338/Williams Drive. In 1999, the property upon which the channel easement was located was platted as The Enclave Subdivision and a drainage easement intended to replace the 1956 channel easement was dedicated on the plat (see attached copy of plat), but the 1956 easement was never abandoned. Upon initial review of the application, staff determined that the platted easement was insufficient to replace the 1956 easement and further evaluation was needed before the 1956 easement could be abandoned. Such evaluation has been completed and the property owner has since conveyed a new replacement easement that meets the City Utility Engineer’s criteria for abandonment of the 1956 easement. A copy of the new easement is attached. There are no other utilities located within the channel easement area proposed for abandonment that are not already, or will be, located within recorded utility easements. The 1956 easement was dedicated to the State before the property was located within the City limits and since the new easement in being donated in exchange for the abandonment of the 1956 easement, Staff recommends waiving payment of additional consideration by the Applicant. This abandonment does not apply to the remainder of the easement located on the adjacent Lots 2 and 4, Block B, of The Enclave Subdivision. Staff recommends Council authorize the abandonment and vacation of the subject easement, without further consideration, by quitclaim deed or other instrument necessary to complete the abandonment/ vacation. The General Manager of Utilities, or his designee, has reviewed the request and has no objection to the abandonment/vacation. FINANCIAL IMPACT: None. SUBMITTED BY: Terri Calhoun ATTACHMENTS: Plat showing easement to be abandoned Replacement easement Resolution abandoning 1956 channel easement Cover Memo Item # D At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 1 It e m # D At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 4 It e m # D At t a c h m e n t n u m b e r 2 \ n P a g e 2 o f 4 It e m # D At t a c h m e n t n u m b e r 2 \ n P a g e 3 o f 4 It e m # D At t a c h m e n t n u m b e r 2 \ n P a g e 4 o f 4 It e m # D At t a c h m e n t n u m b e r 3 \ n P a g e 1 o f 4 It e m # D At t a c h m e n t n u m b e r 3 \ n P a g e 2 o f 4 It e m # D At t a c h m e n t n u m b e r 3 \ n P a g e 3 o f 4 It e m # D At t a c h m e n t n u m b e r 3 \ n P a g e 4 o f 4 It e m # D City of Georgetown, Texas July 9, 2013 SUBJECT: Forwarded from the Georgetown Village Public Improvement District (PID) Board: Consideration and possible action to approve awardof blanket order for landscaping services in the public areas of Georgetown Village to SunTerra Landscape Services for approximately $75,000 annually, for a period not to exceed five years (one year original term with four one-year renewals) -- Trina Bickford, Purchasing Manager and Micki Rundell, Chief Financial Officer ITEM SUMMARY: Currently the City handles several administrative functions for the Georgetown Village Public Improvement District (PID), including the bidding process for selection of a landscaping firm to provide services to various public areas in Georgetown Village. In conjunction with the PID representatives, this requirement was bid out competitively, and the responses evaluated by three members of the Landscaping Committee for the Georgetown Village PID. The recommendation of the Landscaping Committee was reviewed and approved by the PID Board on June 11, 2013. The landscaping firm representing the best value is SunTerra Landscape Services. The City will process award of the contract if approved, and will process all payments on behalf of the PID. The Invitation to Bid was forwarded to bidders on the City’s bid list as well as bidders on the state’s bid list. Additionally, the bid was posted on the City’s web site. Four responses were received and evaluated using the advertised best value criteria. SunTerra scored the highest, and was recommended for award. The PID Board has been apprised of the bidding process and the evaluation process. The pricing is within the PID’s budget. FINANCIAL IMPACT: SunTerra will bill for monthly scheduled services and services provided on an as needed basis – payment will be made from account # 234-5-0211-51-310, which is funded by property assessments paid by the PID residents and the developer to fund upgraded parks facilities within Georgetown Village. There is no net financial impact to the City . SUBMITTED BY: ATTACHMENTS: Summary Score Sheet Cover Memo Item # E ITEM# Maldonado SunTerra Red & White Greenery Advance Landscape 44 annual cycles: 1-W Shell Rd Frontage $2,895.20 $11,370.04 $14,934.48 $18,524.88 2-Fairfield Pk $1,100.00 $1,656.16 $2,147.20 $2,937.44 3-Green Grove Pk $1,291.40 $2,522.52 $3,141.60 $3,918.20 4-Spring Court Pk $1,100.00 $1,605.12 $3,422.76 $2,937.44 5-Village Glen Pk $1,100.00 $1,535.16 $3,015.32 $2,937.44 6-Village Commons Medians $1,100.00 $87.56 $466.84 $1,148.40 7-Village Commons Medians $1,100.00 $451.44 $2,979.24 $845.24 8-Westbury Median (sm trees)$1,100.00 $48.84 $240.24 $473.44 9-Wetbury Median (lg trees)$1,100.00 $299.20 $357.28 $852.72 10-Westbury Pk $1,100.00 $1,404.92 $2,289.76 $2,400.64 11-Shell Pk $1,100.00 $759.88 $1,233.76 $2,325.84 12-Pedestrian Access Easement $2,464.00 $1,310.76 $2,551.56 $3,464.56 13-Chestnut Pk $1,100.00 $1,580.04 $2,473.68 $2,456.52 14-Adkins Pk $1,760.00 $1,597.64 $4,187.92 $2,963.84 15-Greenside Pk $1,100.00 $556.60 $1,595.88 $1,144.00 16-Hanover Pk $1,320.00 $1,041.92 $2,209.24 $2,146.76 17-Village Commons Traffic Circle $1,100.00 $363.44 $420.20 $1,163.80 18-E Shell Rd Frontage $1,760.00 $11,370.04 $12,323.08 $15,279.00 19-Madrid Dr Mailbox $1,760.00 $43.56 $93.72 $450.12 20-Walkway area from Madrid Dr Mailboxes $1,760.00 $2,984.08 $4,961.00 $3,418.80 21-Bedford Pk, PID acreage $3,080.00 $3,426.72 $4,251.28 $6,490.88 22 visits annually: 22-Sedimentation/ filtration ponds adjacent to Madrid Dr.$2,310.00 $1,340.24 $2,488.64 $4,269.98 23-Detention pond adjacent to Madrid Dr.$550.00 $4,109.60 $3,883.88 $5,263.94 24-ROW mowing of 10' wide strip from curb, adjacent to N side of Westbury Rd bet. Shell Rd & Village Commons $550.00 $2,486.66 $677.16 $1,050.28 25-Sycamore Dr entrance off of Shell Rd & frontage, S side only $1,804.00 $602.80 $2,450.58 $798.16 26-ROW 10' wide strip from S side of Sycamore to Village Commons $1,628.00 $2,634.94 $942.70 $1,406.90 27-ROW both side of Bellaire, incl raised walled xeriscaped area $2,420.00 $3,239.94 $4,178.46 $1,415.70 28-E side Shell Rd frontage from N side of Madrid to S side of Bellaire $2,420.00 $5,891.60 $3,602.72 $3,430.90 29-Cedar Elm Pk bet Westbury & Cedar Elm $2,662.00 $2,259.84 $3,006.08 $2,174.48 30-Sycamore Dr entrance off of Shell Rd & frontage N side only (OPTIONAL ITEM)$880.00 $2,284.26 $2,450.58 $2,049.30 Add chemical & irrigation $20,760.00 Optional service items: 31-Tree maintenance per hour (OPTIONAL ITEM)$65.00 $50.00 $37.50 $50.00 32-Irrigation repair service per hour (OPTIONAL ITEM)$55.00 $35.00 $42.00 $35.00 33-Mulching, incl all material & installation per cubic ft (OPTIONAL ITEM)$1.85 $3.00 $2.35 $3.00 TOTAL $67,396.45 $70,953.52 $93,058.69 $100,227.60 TERMS Net 30 Net 30 Net 30 Net 30 DEL 5/1/2013 5/1/2013 6/1/2013 immediate Bid Invitation No.: Division: Bid Opening Date: Georgetown Village PID 201322 - Landscaping for Village PID 4/29/2013 Attachment number 1 \nPage 1 of 1 Item # E City of Georgetown, Texas July 9, 2013 SUBJECT: Consideration and possible action to approve a Resolution appointing members of the Board of Directors of the Williams Drive Gateway Tax Increment Reinvestment Zone (TIRZ), the Downtown Georgetown TIRZ, and the Rivery Park TIRZ -- Micki Rundell, Chief Financial Officer and Paul E. Brandenburg, City Manager ITEM SUMMARY: This resolution will reappoint the Board members for each of the City’s Tax Increment Reinvestment Zones. The City currently has 3 active TIRZ, the Downtown, the Gateway, and the Rivery. In each case, the Board membership is outlined in the creation documents. These appointments are in compliance with these requirements. This resolution proposes the following changes: Williams Drive TIRZ Members will remain the same. Subsequent appointments are appointed for two-year terms. Downtown Georgetown TIRZ Members will remain the same. Subsequent appointments are appointed for two-year terms. Rivery TIRZ Mayor George Garver replaces Troy Hellmann Jerry Hammerlun, Councilmember District 5 will be the chair Once approved, staff will schedule the annual board meetings for each TIRZ. FINANCIAL IMPACT: SUBMITTED BY: ATTACHMENTS: TIRZ Board Members Resolution Cover Memo Item # F Resolution Number:____________ Page 1 of 4 Description: Resolution Re-Appointing TIRZ Board Members Date Approved: July 9, 2012 RESOLUTION NO. _________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,TEXAS, APPOINTING THE MEMBERS OF THE BOARD OF DIRECTORS OF THE WILLIAMS DRIVE GATEWAY TAX INCREMENT REINVESTMENT ZONE (TIRZ), THE DOWNTOWN GEORGETOWN TIRZ, AND THE RIVERY PARK TIRZ; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on October 24, 2006, the City Council adopted Ordinance No. 2006-104 creating the Williams Drive Gateway Tax Increment Reinvestment Zone (TIRZ), and on November 9, 2004, the City Council adopted Ordinance No. 2004-77 creating the Downtown Georgetown TIRZ; and WHEREAS, Section 3 of Ordinance No. 2006-104 creating the Williams Drive Gateway Tax Increment Reinvestment Zone (TIRZ), and Section 3 of Ordinance No. 2004-77 creating the Downtown Georgetown TIRZ all state: Section 3. Board of Directors. That there is hereby created a Board of Directors for the Zone, which shall consist of five (5) members. The directors appointed to Position One, Three and Five shall be appointed for two year terms, beginning on effective date of this resolution while the directors appointed to Positions Two and Four shall be appointed to one year terms beginning on the effective date of this resolution. All subsequent appointments shall be appointed for two-year terms. The member of the Board of Directors appointed to Position One is hereby designated to serve as chair of the Board of Directors for the term beginning on the effective date of this resolution, and ending upon the expiration of the initial term of Position One. Thereafter the City Council shall annually nominate and appoint a member to serve as chair for a term of one year beginning January 1 of the following year. The City Council authorizes the Board of Directors to elect from its members a vice chairman and such other officers as the Board of Directors sees fit. WHEREAS, Section 3 of Ordinance No. 2006-104 creating the Williams Drive Gateway Tax Increment Reinvestment Zone (TIRZ), and Section 3 of Ordinance No. 2004-77 creating the Downtown Georgetown TIRZ, and Section 3 of Ordinance No 2007-91 creating the Rivery Park TIRZ, as amended by Ordinance No. 2008-63 (changing the membership provisions of the Board of Directors) all state: WHEREAS, Section 311.009(e) of the Texas Tax Code states that "To be eligible for appointment to the board by the governing body of the municipality, an individual must: (A) be qualified voter of the municipality; or (B) be at least 18 years of age and own real property in the zone, whether or not the individual resides in the municipality. Attachment number 1 \nPage 1 of 4 Item # F Resolution Number:____________ Page 2 of 4 Description: Resolution Re-Appointing TIRZ Board Members Date Approved: July 9, 2012 WHEREAS, Section 3 of Ordinance No. 2007-91, creating the Rivery Park Tax Increment Reinvestment Zone (TIRZ), as amended by Ordinance No. 2008-63 (changing the membership provisions of the Board of Directors) states: Section 3. Board of Directors. That there is hereby created a Board of Directors for the Zone, which shall consist of nine (9) members, as required by Section 311.009(b) of the Texas Tax Code. The City Council for the City of Georgetown shall appoint five (5) members to the Board of Directors and, pursuant to the Tax Increment Financing Agreement dated September 16, 2008 by and between the City of Georgetown and Williamson County, the commissioners Court of Williamson County shall appoint two (2) members to the Board of Directors. The State Representative and State Senator, or their designees, within whose district the Zone is located are also members of the board of Directors, however they may choose to allow the Commissioners Court of Williamson County to choose their designees. Five of the initial members of the Board of Directors shall serve two year terms and the remaining four initial members of the Board of Directors shall serve one year terms. The City Council of the City of Georgetown shall determine which positions serve two year terms and which serve one year terms at the time of initial appointments are made to the Board of Directors. All Subsequent appointments shall be appointed for two-year terms. The City Council of the City of Georgetown shall designate one of the initial members of the Board of Directors to serve as chair of the Board of Directors for the term beginning on the effective date of the Zone, and ending upon the expiration of the initial term of that member. Thereafter the City Council shall annually nominate and appoint a member to serve as chair for a term of one year beginning January 1 of the following year. The City Council authorizes the Board of Directors to elect from its members a vice chairman and such other officers as the Board of Directors sees fit. Notwithstanding the foregoing, the term of any City Council member, County Judge or County Commissioner serving on the Board of directors shall automatically expire when their term in said office ends. Attachment number 1 \nPage 2 of 4 Item # F Resolution Number:____________ Page 3 of 4 Description: Resolution Re-Appointing TIRZ Board Members Date Approved: July 9, 2012 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION I. Findings. The City Council finds and declares that the appointment of Directors to the Williams Drive Gateway Tax Increment Reinvestment Zone (TIRZ), the Downtown Georgetown TIRZ, and the Rivery Park TIRZ are not inconsistent with the 2030 Comprehensive Plan: SECTION 2: Appointment of Board of Directors. The following persons are hereby appointed to the Boards of Directors for the terms commencing on the effective date of this resolution for the Williams Drive Gateway Tax Increment Reinvestment Zone (TIRZ), the Downtown Georgetown TIRZ, and the Rivery Park TIRZ: Williams Drive Gateway TIRZ Name Position Term Expires Paul E. Brandenburg, City Manager 1 2 years 3-1-2014 George Garver, Mayor (Chair) 2 1 year 3-1-2015 Joe Dan Lee, Georgetown Independent School District 3 2 years 3-1-2014 Rachael Jonrowe, City Councilmember District 6 4 1 year 3-1-2015 George Becondo, Property/Restaurant Owner 5 2 years 3-1-2014 Downtown Georgetown TIRZ Name Position Term Expires Rachael Jonrowe, City Councilmember District 6 (Chair) 1 2 years 3-1-2014 Rusty Winkstern, Downtown Business Owner 2 1 year 3-1-2015 Len Lester, Downtown Business Owner 3 2 years 3-1-2014 Denise Jimenez, Chair, Main Street Advisory Board 4 1 year 3-1-2015 Shelly Hargrove, Main Street Manager 5 2 years 3-1-2014 Rivery Park TIRZ Name Position Term Expires George Garver, Mayor 1 2 years 3-1-2014 Jerry Hammerlun, City Councilmember District 5 (Chair) 2 1 year 3-1-2015 Micki Rundell, Chief Financial Officer 3 2 years 3-1-2014 Laurie Brewer, Assistant City Manager 4 1 year 3-1-2015 Jeff Novak, Business Owner, Brae Development Partners 5 2 years 3-1-2014 Denise Carrington, Williamson County Representative 6 1 year 3-1-2015 Valerie Covey, County Commissioner Precinct 3 7 2 years 3-1-2014 Representative for Texas House District 20 8 1 year 3-1-2015 Senator for Texas Senate District 5 9 2 years 3-1-2014 Attachment number 1 \nPage 3 of 4 Item # F Resolution Number:____________ Page 4 of 4 Description: Resolution Re-Appointing TIRZ Board Members Date Approved: July 9, 2012 SECTION 3: This Resolution shall be effective upon its adoption. RESOLVED this 9th day of July 2013. APPROVED: ATTEST: __________________ ____________________ George Garver Jessica Brettle Mayor City Secretary APPROVED AS TO FORM: __________________ Bridget Chapman Acting City Attorney Attachment number 1 \nPage 4 of 4 Item # F City of Georgetown, Texas July 9, 2013 SUBJECT: Consideration and possible action to approve a Resolution adopting prevailing wage ratesfor public work projects awarded by the City in accordance with Chapter 2258, Texas Government Code -- Bridget Chapman, Acting City Attorney ITEM SUMMARY: Texas Government Code Chapter 2258 generally requires a political subdivision, such as the City, to determine the general prevailing rate of per diem wages in the locality in which the public work is to be performed for each craft or type of worker needed to execute the contract by: 1) conducting a survey of the wages received by classes of workers employed on projects of a character similar to the contract work in the political subdivision of the state in which the public work is to be performed; or 2) using the prevailing wage rate as determined by the United States Department of Labor in accordance with the Davis-Bacon Act. The Finance Department, led by the City’s Financial Analyst, conducted a survey of the wages received by classes of workers employed on projects similar to City projects in the greater Williamson County area. Wage data from 1,675 firms was requested: 9 firms responded with no data; 14 firms responded with data; 1,498 firms did not respond; 154 firms were not actually contacted as a result of an incorrect address. After analyzing the data obtained from the survey, Staff recommends approval of the attached Resolution adopting the wage rates for the craft or type of worker listed in Exhibit A as the prevailing wage rates for public work projects awarded by the City. ATTACHMENTS: Resolution FINANCIAL IMPACT: Project specific SUBMITTED BY: Bridget Chapman, Acting City Attorney ATTACHMENTS: Resolution_Prevailing Wage Rate Suggested Rates Cover Memo Item # G Resolution Number: Page 1 of 2 Description: Prevailing Wage Rate 2013 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, ADOPTING PREVAILING RATES FOR PUBLIC WORK PROJECTS AWARDED BY THE CITY IN ACCORDANCE WITH CHAPTER 2258, TEXAS GOVERNMENT CODE. WHEREAS, Texas Government Code Chapter 2258 generally requires a political subdivision, such as the City of Georgetown, to determine the general prevailing rate of per diem wages in the locality in which the public work is to be performed for each craft or type of worker needed to execute the contract by: 1) conducting a survey of the wages received by classes of workers employed on projects of a character similar to the contract work in the political subdivision of the state in which the public work is to be performed; or 2) using the prevailing wage rate as determined by the United States Department of Labor in accordance with the Davis-Bacon Act; and WHEREAS, the City of Georgetown Finance Department conducted a survey of the wages received by classes of workers employed on projects similar to City projects in the greater Williamson County area; WHEREAS, wage data from 1,675 firms was requested; and WHEREAS, the City of Georgetown wishes to adopt prevailing wage rates for public work projects awarded by the City; and WHEREAS, the City Council, finds that the prevailing wage rates for the craft or type of worker listed in Exhibit A should be adopted as the prevailing wage rates for public work projects awarded by the City. 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. SECTION 2. The City Council hereby finds that the prevailing wage rates for the craft or type of worker listed in Exhibit A should be adopted as the prevailing wage rates for public work projects awarded by the City. SECTION 3. The Mayor is hereby authorized to execute, and the City Secretary to attest this Resolution. SECTION 4. This Resolution shall be effective immediately upon adoption. Attachment number 1 \nPage 1 of 2 Item # G Resolution Number: Page 2 of 2 Description: Prevailing Wage Rate 2013 RESOLVED this 9 day of July, 2013. THE CITY OF GEORGETOWN By:__________________________________________ George Garver, Mayor ATTEST: By: _______________________________ Jessica Brettle, City Secretary APPROVED AS TO FORM: By: ________________________________ Bridget Chapman Acting City Attorney Attachment number 1 \nPage 2 of 2 Item # G Position Recommended hourly rate Acoustic Ceiling Installer DB Air Tool Operator DB Asphalt Distributor Operator DB Asphalt Paving Machine Operator DB Asphalt Raker DB Asphalt Shoveler DB Boilermaker DB Bricklayer/Stone Mason, Entry Level 9.00 Bricklayer/Stone Mason, Journeyman 14.00 Broom or Sweeper Operator DB Bulldozer Operator, over 150 HP DB Bulldozer Operator, under 150 HP DB Carpenter Finisher, Journyman 15.97 Carpenter, entry level 10.00 Carpenter, intermediate level 11.88 Caulker DB Cement Finisher, entry level DB Cement finisher, journeyman DB Cement Mason, intermediate level DB Concrete Finisher-Paving DB Concrete Finisher-Structures DB Concrete Paving Curbing Mahine Operator DB Concrete Paving Finishing Mahchine Operator DB Concrete Rubber DB Construction and Building Inspectors DB Attachment number 2 \nPage 1 of 5 Item # G Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator DB Drywall System Instaler, entry level 10.00 Drywall System installer, journyman 13.00 Earth Drillers, except oil and gas DB Electrician, apprentice 13.00 Electrician, entry level 9.00 Electrician, journyman (certificate)19.00 Electrician, Master/Certified 22.67 Elevator/Escalator Installer DB Elevator/Escalator Mechanic DB Equipment operator, crane 19.00 Equipment operator, Heavy 11.75 Equipment operator, Light 10.00 Explosive Workers, Ordnance Handling Experts and Blasters DB Fireproofing Installer DB First-line Supervisors/Managers of Construction Trades and Extraction Workers DB Flagger DB Floor Layer, helper DB Floor Layer, Resilient Floor Installer DB Form Builder/Setter, Structures DB Form Setter, paving and curb DB Foundation Drill Operator, Crawler mounted DB Foundation Drill Operator, Truck mounted DB Front End Loader Operator DB Gardener DB Glazier DB Attachment number 2 \nPage 2 of 5 Item # G Ground Man DB Hazardous Materials Removal Workers DB Highway Maintenance Workers DB HVAC Mechanic, journeyman 16.25 HVAC Sheet Metal Worker, intermediate level 11.75 HVAC, entry level 9.00 Insulation Workers, Floor, Ceiling, Walls DB Insulation Workers, Mechanical DB Iron Worker, entry level 10.00 Iron Worker, Reinforcing, intermediate level 14.50 Iron Worker, Structural Journeyman 14.50 Irrigation Technician DB Laborer, Common 8.50 Laborer, Utility 9.67 Landscape Foreman DB Lather DB Lineman DB Mechanic DB Mechanic lead, journeyman 15.67 Millwright DB Mixer operator DB Mixer operator, concrete paving DB Motor Grader Operator, Fine grade DB Motor Grader Operator, Rough DB Oiler DB Painter, Sprayer 10.63 Attachment number 2 \nPage 3 of 5 Item # G Painter, Structures 10.63 Painter, Wallcover 10.63 Pavement Marking Machine Operator DB Pipefitter DB Pipelayer DB Piping/Duct Insulator DB Planer Operator DB Plumber (excluding HVAC), intermediate level 12.00 Plumber Lead, journeyman 20.00 Powder man DB Reinforcing Steel Setter, entry level 10.00 Reinforcing Steel Setter, journeyman 11.67 Reinforcing Steel Setter, Paving DB Roller Operator, Pneumatic, Self-Propelled DB Roller Operator, Steel Wheel, Plant Mix Pavement DB Roofer, Metal 11.00 Roofing Foreman DB Sandblaster DB Scraper Operator DB Servicer DB Sheet Metal Mechanic, journeyman 17.50 Sign Installer (PGM)DB Slip Form Machine Operator DB Spreader Box Operator DB Structural Steel Worker DB Tapers DB Attachment number 2 \nPage 4 of 5 Item # G Terrazzo Workers and Finishers DB Tile and Marble Worker, journeyman DB Tile Setter, intermediate level DB Tractor Operator, Crawler Type DB Traveling Mixer Operator DB Trenching Machine Operator, Heavy DB Truck Driver Tandem Axle Semi-Trailer 13.00 Truck Driver, lowboy-float DB Truck Driver, Single Axle, heavy DB Truck Driver, Single Axle, Light 13.44 Wagon Drill, Boring Machine, Post hole Driller Operator DB Waterproofer DB Welder apprentice 10.00 Welder journeyman 18.00 Work Zone Barricade Servicer DB Attachment number 2 \nPage 5 of 5 Item # G City of Georgetown, Texas July 9, 2013 SUBJECT: Consideration and possible action regarding a Resolution granting a petition and setting public hearing dates for the voluntary annexation into the city limits of 20.03 acresin the Dyches Survey, to be known as Vantage at Georgetown, located on FM 1460 south of SE Inner Loop -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director ITEM SUMMARY: A petition for voluntary annexation has been submitted for property on FM 1460 for a proposed apartment complex. Hearings were held in April on the petition, but the applicant requested a delay in consideration due to a companion application. Therefore, a repeat of the hearing cycle needs to begin again to meet all State requirements. Companion applications for a rezoning and comprehensive plan amendment are being reviewed by Planning staff. These other entitlement applications will proceed simultaneously through the development review process towards Council consideration. Below is the State procedure for considering a voluntary annexation. June-August Annexation Cycle · July 9, 2013: Resolution accepting petition · July 9, 2013: 1st Public Hearing held at City Council Meeting. · July 23, 2013: 2nd Public Hearing at City Council Meeting. · August 13, 2013: 1st Reading of Ordinance at City Council Meeting, · August 27, 2013: 2nd Reading of Ordinance. (Second Reading can be held up to 90 days from 1st reading, the last scheduled Council Meeting in the 90 days is October 22, 2013.) Recommended Motion:Approval of the resolution granting a petition and setting the public hearing dates for the Vantage at Georgetown voluntary annexation. FINANCIAL IMPACT: City services, including police and fire protection, emergency medical services, solid waste collection and disposal, maintenance of water and wastewater facilities, maintenance of road, streets and drainage, street lighting, maintenance of City park and recreation facilities must be provided to the annexed area within sixty (60) days after the effective date of the annexation; however, there are no residents or current development on this property. Extension of capital improvements such as water and wastewater systems will be subject to the City’s utility extension and improvement policy and/or the approval of a development agreement by the City. The property currently is vacant with no public improvements. SUBMITTED BY: Jordan Maddox ATTACHMENTS: Exhibit A - Location Map Resolution Exhibit B - Survey Cover Memo Item # H Resolution No. __________________ Page 1 of 1 Vantage at Georgetown Voluntary Annexation 20.03 acres (2nd filing) Date Approved: 7.9.2013 RESOLUTION NO. ______________ A Resolution of the City Council of the City of Georgetown, Texas, granting a Petition for the Voluntary Annexation of 20.03 acres in the Dyches Survey, for Vantage at Georgetown; and directing publication of notice and public hearings for proposed annexation Whereas, the owners of the hereinafter described area of land have requested the governing body of the City of Georgetown, pursuant to Local Government Code Section 43.028, by written petition, properly acknowledged, to annex said area of land into the City of Georgetown, to-wit: 20.03 acres in the Dyches Survey, Williamson County, Texas, more particularly shown on the map attached hereto as Exhibit “A” and described by metes and bounds in Exhibit “B,” both of which are attached hereto and incorporated herein by reference as if set forth in full; and Whereas, the said area of land is contiguous to the existing city limits of the City of Georgetown, and is vacant and without residents or has fewer than three qualified voters residing on it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: That the said Petition, being proper and according to law, shall be, and is hereby, granted; and, further, the City Secretary is directed to commence the publication of notices of two public hearings to be held July 9, 2013 and July 23, 2013, before the City Council on the subject of the proposed annexation of the said area into the city limits; and further, to place upon the City Council Agendas for August 13, 2013, and any meeting before October 22, 2013, the consideration of the passage of an ordinance annexing said area into the city limits. PASSED AND APPROVED this the 9th day of July, 2013. ATTEST: ____ __ __ Jessica Brettle, City Secretary George G. Garver, Mayor Approved as to Form: __ Bridget Chapman, Acting City Attorney Attachment number 1 \nPage 1 of 1 Item # H C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N CITYOF GEORGETOWN CITYOF GEORGETOWN C I T Y O F GE O R G E T O W N CITYOFGEORGETOWN G e o r g e t o w n E T J GeorgetownETJ G e o r g e t o w n E T J G e o r g e t o w n E T J Georget o w n E T J G e o r g e t o w n E T J G e o r g e t o w n E T J S M A I N S T E U N I V E R S I T Y A V E SCEN I C DR COOPERATIVEWAY RAILROAD AVE S N E A D DR IND U S TRIAL AV E F M 1 4 6 0 S AUSTIN AVE L E A N D ER RD W U N I V E R S IT YAVE SIH 35NB M A P L E S T SAM HOUSTONAVE W E S T I N G H O U S E R D S E I N N E R L O O P S IH 35 FWY NB SIH35 FWYSB SIH 35SB ANX-2013-002Exhibit A Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only 0 3,800 7,600Feet ¯ Le ge ndSiteParcelsCity LimitsGeorgetown ETJ ³ Site City Limits Street Site Attachment number 2 \nPage 1 of 1 Item # H P:\00209\Metes & Bounds & Certifications\00209_rev.docx - Page 1 of 2 PO Box 90876 Austin, TX 78709 512.554.3371 jward@4wardls.com www.4wardls.com Legal Description BEING A DESCRIPTION OF A TRACT OF LAND CONTAINING 20.0363 ACRES, (872,781 SQUARE FEET), PARTIALLY OUT OF THE LEWIS J. DYCHES SURVEY NO. 2, ABSTRACT NO. 180 AND PARTIALLY OUT OF THE FRANCIS A. HUDSON SURVEY NO. 1, ABSTRACT NO. 295 IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF A TRACT OF LAND CONVEYED TO LONGHORN JUNCTION LAND AND CATTLE COMPANY, DESCRIBED AS TRACT 5, CALLED 130.0393 ACRES, RECORDED IN DOCUMENT NO. 2010002544 OF THE OFFICIAL PUBLIC RECORS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), SAID 20.0363 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000132811066; AS SURVEYED ON THE GROUND BY 4WARD LAND SURVEYING ON JANUARY 25, 2013): BEGINNING at a 1/2-inch iron rod found in the west right-of-way line of Farm to Market Road 1460 (80’ right-of-way), same being at the northeast corner of a called 5.13 acre tract conveyed to Rabbit Hill Partners in Document #2007011302 (O.P.R.W.C.T.), also being an exterior ell-corner of said Longhorn Junction tract, for an exterior ell-corner and POINT OF BEGINNING hereof, from which a TxDOT Type 1 concrete monument found at a point of curvature in the west right-of-way line of said F.M. 1460, same being in the east line of said Rabbit Hill tract bears, S21º30’45”E, a distance of 343.19 feet; THENCE, with the common line of said Rabbit Hill tract and said Longhorn Junction tract, the following two (2) courses and distances: 1) S60º32’28”W, a distance of 462.70 feet to a 1/2-inch iron rod found for an interior ell- corner hereof, and 2) S21º46’50”E, a distance of 402.45 feet to a 1/2-inch iron rod found for the southeast corner hereof, said point being an angle point in the north line of the remainder of a called 118.7 acre tract conveyed to Brian F. and Gordon L. Peterson in Volume 319, Page 39 of the Deed Records of Williamson County, Texas (D.R.W.C.T.), same being the southwest corner of said Rabbit Hill tract, also being the southeast corner of said Longhorn Junction tract; THENCE, with the north line of the remainder of said Peterson tract and the south line of said Longhorn Junction tract, S66º07’43”W, a distance of 1022.20 feet to a calculated point for the southwest corner hereof, from which a 1/2-inch iron rod found for the northwest corner of the remainder of said Peterson tract, same being an interior ell-corner of said Longhorn Junction tract bears, S66º07’43”W, a distance of 11.21 feet; THENCE, leaving the north line of the remainder of said Peterson tract and the south line of said Longhorn Junction tract, over and across said Longhorn Junction tract, the following twelve (12) courses and distances: 1) N36º08’58”W, a distance of 143.77 feet to a calculated point for an angle point hereof, 2) N01º11’24”E, a distance of 154.88 feet to a calculated point for an angle point hereof, 3) N50º19’43”W, a distance of 58.95 feet to a calculated point for an angle point hereof, 4) N15º07’08”W, a distance of 219.29 feet to a calculated point for an angle point hereof, Exhibit B - Survey Attachment number 3 \nPage 1 of 3 Item # H P:\00209\Metes & Bounds & Certifications\00209_rev.docx - Page 2 of 2 5) N06º10’08”E, a distance of 92.01 feet to a calculated point for an angle point hereof, 6) N42º24’54”E, a distance of 138.30 feet to a calculated point for an angle point hereof, 7) N17º21’30”E, a distance of 44.04 feet to a calculated point for an angle point hereof, 8) N32º20’49”W, a distance of 128.85 feet to a calculated point for an angle point hereof, 9) N14º45’09”W, a distance of 297.12 feet to a calculated point for the northwest corner hereof, 10) N68º19’22”E, a distance of 429.16 feet to a calculated point for an exterior ell-corner hereof, 11) S23º14’04”E, a distance of 598.15 feet to a calculated point for an interior ell-corner hereof, and 12) N68º06’34”E, a distance of 805.78 feet to a calculated point for the northeast corner hereof, said point being in the west right-of-way line of said F.M. 1460, same being in the east line of said Longhorn Junction tract, from which a 1/2-inch iron rod with “Bury” cap found at the southwest right-of-way transition from said F.M. 1460 to SE Inner Loop (right-of-way varies), same being at a northeasterly corner of said Longhorn Junction tract bears, N21º30’45”W, a distance of 1,480.29 feet; THENCE, with the west right-of-way line of said F.M. 1460 and the east line of said Longhorn Junction tract, S21º30’45”E, a distance of 49.91 to the POINT OF BEGINNING and containing 20.0363 acres (872,781 square feet) of land, more or less. ___________________________________ Jason Ward, RPLS #5811 4Ward Land Surveying, LLC 4/24/2013 Exhibit B - Survey Attachment number 3 \nPage 2 of 3 Item # H ALTA/ACSM LAND TITLE SURVEY OF 20.0363 ACRES, PARTIALLY OUT OF THE LEWIS J. DYCHES SURVEY NO. 2, ABSTRACT NO. 180 AND PARTIALLY OUT OF THE FRANCIS A. HUDSON SURVEY NO. 1, ABSTRACT NO. 295 Williamson County, Texas PO Box 90876, Austin Texas 78709 www.4Wardls.com (512) 554-3371 A Limited Liability Company TBPLS FIRM #10174300 Exhibit B - Survey At t a c h m e n t n u m b e r 3 \ n P a g e 3 o f 3 It e m # H City of Georgetown, Texas July 9, 2013 SUBJECT: Consideration and possible action on a Resolution acknowledging a petition and setting public hearing dates for the voluntary annexationof 98.22 acres in the Hudson Survey, to be known as Celebration Church, located at Rabbit Hill Road and Westinghouse Road -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director ITEM SUMMARY: The proposed annexation is for the remainder of the property owned by Celebration Church along Westinghouse Road. A strip of the property was annexed in 1986, but the existing church facility and surface parking were erected more recently outside of the city limits. The church is seeking expansion with new buildings, parking, and driveway connections, and additional utilities are being sought from the City. Staff recommends proceeding with the resolution and public hearings and then discussing the merits of this annexation at the first reading of the ordinance on August 13th. The action required of Council is to acknowledge that a petition for voluntary annexation has been submitted and establish public hearing dates, in accordance with State Law. Due to the annexation calendar established by the Texas Local Government Code, the public hearings will be held in July with August ordinance consideration. In order to complete the annexation, the following process will be followed: June-August Annexation Cycle · July 9, 2013: Resolution accepting petition · July 9, 2013: 1st Public Hearing held at City Council Meeting. · July 23, 2013: 2nd Public Hearing at City Council Meeting. · August 13, 2013: 1st Reading of Ordinance at City Council Meeting, · August 27, 2013: 2nd Reading of Ordinance. (Second Reading can be held up to 90 days from 1st reading, the last scheduled Council Meeting in the 90 days is October 22, 2013.) Recommended Motion:Approval of the resolution setting the public hearing dates for the Celebration Church voluntary annexation petition. FINANCIAL IMPACT: City services, including police and fire protection, emergency medical services, solid waste collection and disposal, maintenance of water and wastewater facilities, maintenance of road, streets and drainage, street lighting, maintenance of City park and recreation facilities must be provided to the annexed area within sixty (60) days after the effective date of the annexation. Extension of capital improvements such as water and wastewater systems will be subject to the City’s utility extension and improvement policy. The property currently has a church with parking and public utilities. SUBMITTED BY: Jordan Maddox ATTACHMENTS: Resolution Celebration Exhibit A - Location Exhibit B - Survey Cover Memo Item # I Resolution No. __________________ Page 1 of 1 Celebration Church 98.22 acres Date Approved: 7.9.13 RESOLUTION NO. ______________ A Resolution of the City Council of the City of Georgetown, Texas, granting a Petition for the Voluntary Annexation of 98.22 acres in the Hudson Survey, for Celebration Church; and directing publication of notice and public hearings for proposed annexation Whereas, the owners of the hereinafter described area of land have requested the governing body of the City of Georgetown, pursuant to Local Government Code Section 43.028, by written petition, properly acknowledged, to annex said area of land into the City of Georgetown, to-wit: 98.22 acres in the Hudson Survey, Williamson County, Texas, more particularly shown on the map attached hereto as Exhibit “A” and described by metes and bounds in Exhibit “B,” both of which are attached hereto and incorporated herein by reference as if set forth in full; and Whereas, the said area of land is contiguous to the existing city limits of the City of Georgetown, and is without residents or has fewer than three qualified voters residing on it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: That the said Petition, being proper and according to law, shall be, and is hereby, granted; and, further, the City Secretary is directed to commence the publication of notices of two public hearings to be held July 9, 2013, and July 23, 2013, before the City Council on the subject of the proposed annexation of the said area into the city limits; and further, to place upon the City Council Agendas for August 13, 2013, and any meeting before October 22 ,2013, the consideration of the passage of an ordinance annexing said area into the city limits. PASSED AND APPROVED this the 9th day of July, 2013. ATTEST: ____ __ __ Jessica Brettle, City Secretary George G. Garver, Mayor Approved as to Form: __ Bridget Chapman, Acting City Attorney Attachment number 1 \nPage 1 of 1 Item # I CITYOF GEORGETOWN C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N CITY OF GEORGETO W N Georgetown ETJ R A B B I T H I L L R D C L E A R V I E W D R S IH 35 FWY NB COMMER C E B L V D F O X D R W E S T I N G H O U S E R D GATEWAY DR H E W L E T T L O O P L O O K O U T R D G C L O V E R D A L E L N K E L L E Y D R EN T R 2 5 7 N B P A R K C E N T R A L B L V D EX I T 2 5 9 N B S IH 35 FWYSB S I H 3 5 S B S I H 3 5 N B S I H 3 5 N B ANX-2013-004 0 1,000 2,000 Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ Legend SiteParcelsCity LimitsGeorgetown ETJ ANX-2013-004Exhibit A Attachment number 2 \nPage 1 of 1 Item # I Exhibit B Attachment number 3 \nPage 1 of 4 Item # I Exhibit B Attachment number 3 \nPage 2 of 4 Item # I Exhibit B Attachment number 3 \nPage 3 of 4 Item # I Exhibit B At t a c h m e n t n u m b e r 3 \ n P a g e 4 o f 4 It e m # I City of Georgetown, Texas July 9, 2013 SUBJECT: Consideration and possible action regarding a Resolution granting a petition and setting public hearing dates for the voluntary annexation into the city limits of 81.58acres in the Walters Survey, for Section III of the Madison at Georgetown, located on Ronald Reagan Blvd -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director ITEM SUMMARY: The proposed annexation is for property that is the third section of Madison at Georgetown, a single-family development planned for northwest Georgetown. A companion rezoning application is on file and is being processed simultaneously. There is a development agreement for this property which details the provision of wastewater services and land use. Water is currently served by Chisholm Trail S.U.D. Section I was accepted for annexation, zoning, and a Preliminary Plat in 2010 and Section II was approved in 2012 for the same entitlements. The action required of Council is to acknowledge that a petition for voluntary annexation has been submitted and establish public hearing dates, in accordance with State Law. Due to the annexation calendar established by the Texas Local Government Code, the public hearings will be held in July and ordinances considered in August. In order to complete the annexation, the following process will be followed: June-August Annexation Cycle · July 9, 2013: Resolution accepting petition · July 9, 2013: 1st Public Hearing held at City Council Meeting. · July 23, 2013: 2nd Public Hearing at City Council Meeting. · August 13, 2013: 1st Reading of Ordinance at City Council Meeting, · August 27, 2013: 2nd Reading of Ordinance. (Second Reading can be held up to 90 days from 1st reading, the last scheduled Council Meeting in the 90 days is October 22, 2013.) Recommended Motion: Approval of the resolution setting the public hearing dates for the Madison at Georgetown Section III voluntary annexation petition. FINANCIAL IMPACT: City services, including police and fire protection, emergency medical services, solid waste collection and disposal, maintenance of water and wastewater facilities, maintenance of road, streets and drainage, street lighting, maintenance of City park and recreation facilities must be provided to the annexed area within sixty (60) days after the effective date of the annexation. Extension of capital improvements such as water and wastewater systems will be subject to the City’s utility extension and improvement policy and/or the approval of a development agreement by the City. The property currently is vacant with no public improvements. SUBMITTED BY: Jordan Maddox ATTACHMENTS: Cover Memo Item # J Resolution Madison Sec. 3 Resolution Exhibit A - Location Resolution Exhibit B - Survey Cover Memo Item # J Resolution No. __________________ Page 1 of 1 Madison at Georgetown, Section III Annexation 81.58 ac Date Approved: 7.9.13 RESOLUTION NO. ______________ A Resolution of the City Council of the City of Georgetown, Texas, granting a Petition for the Voluntary Annexation of 81.58 acres in the Walters Survey, for the Madison at Georgetown Section III; and directing publication of notice and public hearings for proposed annexation Whereas, the owners of the hereinafter described area of land have requested the governing body of the City of Georgetown, pursuant to Local Government Code Section 43.028, by written petition, properly acknowledged, to annex said area of land into the City of Georgetown, to-wit: 81.58 acres in the Walters Survey, Williamson County, Texas, more particularly shown on the map attached hereto as Exhibit “A” and described by metes and bounds in Exhibit “B,” both of which are attached hereto and incorporated herein by reference as if set forth in full; and Whereas, the said area of land is contiguous to the existing city limits of the City of Georgetown, and is vacant and without residents or has fewer than three qualified voters residing on it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: That the said Petition, being proper and according to law, shall be, and is hereby, granted; and, further, the City Secretary is directed to commence the publication of notices of two public hearings to be held July 9, 2013, and July 23, 2013, before the City Council on the subject of the proposed annexation of the said area into the city limits; and further, to place upon the City Council Agendas for August 13, 2013, and any meeting before August 27,2013, the consideration of the passage of an ordinance annexing said area into the city limits. PASSED AND APPROVED this the 9th day of July, 2013. ATTEST: ____ __ __ Jessica Brettle, City Secretary George G. Garver, Mayor Approved as to Form: __ Bridget Chapman, Acting City Attorney Attachment number 1 \nPage 1 of 1 Item # J C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N SUNCITY B L V D SUMMIT S T ORION R D ARMSTR O NG DR WHISPERIN G WINDDR TRAVISDR HONEY CREEKTRL STARDU S T L N T I P P SCT YUKONTER DOVE HOLLOW TRL O A K B R A N C H D R Y O S E M I T E RD COURT Y A R D GARDE N L N C AT E R PIL L E R L N R I V E R R O C K DR R O B L E R O J A D R POR T S M OUTH DR B O W I E C I R ED W A R D S D R COB A L T C V VE N U SLN P R A I R I EGRASSLN W HIRLWINDCV A R R O Y O D RLINDEROPASS R I O A Z U L D R R O N ALD W REAGANBLVD B U E N A V I S T A D R S I L V E R A D O D R T E X A S D R DE E R M E A D O W CIR F A R M HI L L D R SU M M E R RD BO N H A M L O OP ESS E X L N M O NARCH T R L D A W S O N TRL B REEZE WAY L N W I N T E R D R E S C O N D I D O D R B ELFA L L S D R F O X HOMELN C R O C K E T T LOO P AN X-2013-005 0 1,500 3,000 Fee t Coo r dina te Sys tem: Texa s State P lan e/C entral Zone/N AD 8 3/US FeetCartographic D ata Fo r Gen eral Pl anni ng Pur poses O nly ¯ Leg end SiteParcelsCity LimitsGeorgetown ETJ ANX-2013-00 5 Attachment number 2 \nPage 1 of 1 Item # J City of Georgetown, Texas July 9, 2013 SUBJECT: Consideration and possible action to utilize forfeited funds for Department purchases in an amount not to exceed $58,000 --Wayne Nero, Chief of Police ITEM SUMMARY: The Police Department maintains an account of monies that are forfeited and/or seized in the course of criminal investigations. These funds come from criminal activities as outlined in Chapter 59 of the Texas Code of Criminal Procedure and may include funds stemming from criminal proceeds or contraband. The forfeiture of these funds is subject to judicial review and all such funds are awarded to the police department by a criminal court. Chapter 59 of the Texas Code of Criminal Procedure further mandates that these monies only be used for law enforcement purposes such as training, specialized equipment, or items to be utilized in direct law enforcement duties. In compliance with Chapter 59 of the Texas Code of Criminal Procedure the Police Department is submitting this proposal for the purchase the following equipment with forfeited funds: 1. Law Enforcement Officer Performance and Reaction Drill (LEOPARD – Physical Assessment/Obstacle Course) Validation Study not to exceed the amount of $26,000. 2. IA PRO/Blue Team Software not to exceed $17,000. 3. Breaching tools not to exceed $15,000. Total not to exceed $58,000. FINANCIAL IMPACT: SUBMITTED BY: Wayne F. Nero, Chief of Police ATTACHMENTS: Explanation & Justification of Request Cover Memo Item # K Explanation & Justification of Request 1. Law Enforcement Officer Performance and Reaction Drill (LEOPARD – Physical Assessment/Obstacle Course) Validation Study not to exceed the amount of $26,000. The Georgetown Police Department currently utilizes the LEOPARD course for assessing physical agility for new hires. There are currently no physical agility standards after candidates are hired. This request seeks to engage in work with Dr. Paul Davis, designer of the LEOPARD course. We are proposing a validation study of the LEOPARD course and seek to establish valid criteria for an absolute cut point for both new hires and incumbent officers alike. Dr. Davis’ credentials uniquely qualify him as the contractor of choice for the following reason: 1. A terminal degree (Ph.D.) in Kinesiology. 2. A qualified Expert Witness in federal and state court on physical ability testing (>50 cases). 3. Recognized as “Preeminent in his field” by federal judge Newcomer. 4. Coauthor of the textbook Hard Work. 5. Track record of successful projects for virtually every federal law enforcement agency. 6. Certification by the American College of Sports Medicine as a Program Director- the ACSM’s highest certification. The scope of work will allow the Georgetown Police Department to establish valid physical agility standards for new hires and incumbent officers. Attachment number 1 \nPage 1 of 3 Item # K 2. IA PRO/Blue Team Software not to exceed $17,000. IA Pro and Blue Team are robust full-featured software programs designed to manage Internal Affairs and Professional Standards. It simplifies use of force reporting, field level discipline, complaints, vehicle accidents and pursuit reporting. The software package enables early identification and intervention, streamlined case management, and a broad range of actionable statistical reports. http://www.iapro.com/products/iapro/ http://www.iapro.com/products/blueteam/ Attachment number 1 \nPage 2 of 3 Item # K 3. Breaching tools not to exceed $15,000. The Georgetown Police Department has recently completed a nationally recognized Level 1 Active Shooter training program. During this training, officers are taught individual and team based skills to include initial response, tactical breaching, weapons manipulation, threshold evaluations, team movement, and room entries. While these skills and equipment have previously been reserved for specialized teams such as SWAT, today’s contemporary standard regarding rapid deployment to active shooter incidents require an immediate response from patrol. This request is to provide breaching equipment to the officers taking them beyond mere knowledge of “how to breach.” The department recently purchased a “breaching door” (pictured above) in order to train and certify officers in the skills required to gain positive access to locations when circumstances require immediate intervention. In furtherance of this training, this request seeks to place breaching tools in the majority of police vehicles in order that the tools required for the officers are readily available to them in time of imminent need. The patrol kits currently being evaluated are similar in scope to those pictured above. While final T&E is not yet complete, the final product will be comparable to the scope of what is illustrated above and will not exceed $15,000 total. Attachment number 1 \nPage 3 of 3 Item # K City of Georgetown, Texas July 9, 2013 SUBJECT: Public Hearing on the voluntary annexation into the city limits of 20.03 acres in the Dyches Survey, to be known as Vantage at Georgetown, located on FM 1460 south of SE Inner Loop -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director ITEM SUMMARY: A petition for voluntary annexation has been submitted for property on FM 1460 south of Inner Loop for a proposed apartment complex. Companion applications for a rezoning and comprehensive plan amendment are currently under review by Planning staff. These other entitlement applications will proceed simultaneously through the development review process towards City Council consideration. Below is the State procedure for considering a voluntary annexation. June-August Annexation Cycle · July 9, 2013: Resolution accepting petition · July 9, 2013: 1st Public Hearing held at City Council Meeting. · July 23, 2013: 2nd Public Hearing at City Council Meeting. · August 13, 2013: 1st Reading of Ordinance at City Council Meeting, · August 27, 2013: 2nd Reading of Ordinance. (Second Reading can be held up to 90 days from 1st reading, the last scheduled Council Meeting in the 90 days is October 22, 2013.) Recommended Motion: Public hearing only. No action required at this time. FINANCIAL IMPACT: City services, including police and fire protection, emergency medical services, solid waste collection and disposal, maintenance of water and wastewater facilities, maintenance of road, streets and drainage, street lighting, maintenance of City park and recreation facilities must be provided to the annexed area within sixty (60) days after the effective date of the annexation; however, there are no residents or current development on this property. Extension of capital improvements such as water and wastewater systems will be subject to the City’s utility extension and improvement policy and/or the approval of a development agreement by the City. The property currently is vacant with no public improvements. SUBMITTED BY: Jordan Maddox ATTACHMENTS: Exhibit A - Location Map Exhibit B - Survey Exhibit C - Service Plan Cover Memo Item # L C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N CITYOF GEORGETOWN CITYOF GEORGETOWN C I T Y O F GE O R G E T O W N CITYOFGEORGETOWN G e o r g e t o w n E T J GeorgetownETJ G e o r g e t o w n E T J G e o r g e t o w n E T J Georget o w n E T J G e o r g e t o w n E T J G e o r g e t o w n E T J S M A I N S T E U N I V E R S I T Y A V E SCEN I C DR COOPERATIVEWAY RAILROAD AVE S N E A D DR IND U S TRIAL AV E F M 1 4 6 0 S AUSTIN AVE L E A N D ER RD W U N I V E R S IT YAVE SIH 35NB M A P L E S T SAM HOUSTONAVE W E S T I N G H O U S E R D S E I N N E R L O O P S IH 35 FWY NB SIH35 FWYSB SIH 35SB ANX-2013-002Exhibit A Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only 0 3,800 7,600Feet ¯ Le ge ndSiteParcelsCity LimitsGeorgetown ETJ ³ Site City Limits Street Site Attachment number 1 \nPage 1 of 1 Item # L P:\00209\Metes & Bounds & Certifications\00209_rev.docx - Page 1 of 2 PO Box 90876 Austin, TX 78709 512.554.3371 jward@4wardls.com www.4wardls.com Legal Description BEING A DESCRIPTION OF A TRACT OF LAND CONTAINING 20.0363 ACRES, (872,781 SQUARE FEET), PARTIALLY OUT OF THE LEWIS J. DYCHES SURVEY NO. 2, ABSTRACT NO. 180 AND PARTIALLY OUT OF THE FRANCIS A. HUDSON SURVEY NO. 1, ABSTRACT NO. 295 IN WILLIAMSON COUNTY, TEXAS, AND BEING A PORTION OF A TRACT OF LAND CONVEYED TO LONGHORN JUNCTION LAND AND CATTLE COMPANY, DESCRIBED AS TRACT 5, CALLED 130.0393 ACRES, RECORDED IN DOCUMENT NO. 2010002544 OF THE OFFICIAL PUBLIC RECORS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.T.), SAID 20.0363 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS (ALL BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED SCALE FACTOR OF 1.000132811066; AS SURVEYED ON THE GROUND BY 4WARD LAND SURVEYING ON JANUARY 25, 2013): BEGINNING at a 1/2-inch iron rod found in the west right-of-way line of Farm to Market Road 1460 (80’ right-of-way), same being at the northeast corner of a called 5.13 acre tract conveyed to Rabbit Hill Partners in Document #2007011302 (O.P.R.W.C.T.), also being an exterior ell-corner of said Longhorn Junction tract, for an exterior ell-corner and POINT OF BEGINNING hereof, from which a TxDOT Type 1 concrete monument found at a point of curvature in the west right-of-way line of said F.M. 1460, same being in the east line of said Rabbit Hill tract bears, S21º30’45”E, a distance of 343.19 feet; THENCE, with the common line of said Rabbit Hill tract and said Longhorn Junction tract, the following two (2) courses and distances: 1) S60º32’28”W, a distance of 462.70 feet to a 1/2-inch iron rod found for an interior ell- corner hereof, and 2) S21º46’50”E, a distance of 402.45 feet to a 1/2-inch iron rod found for the southeast corner hereof, said point being an angle point in the north line of the remainder of a called 118.7 acre tract conveyed to Brian F. and Gordon L. Peterson in Volume 319, Page 39 of the Deed Records of Williamson County, Texas (D.R.W.C.T.), same being the southwest corner of said Rabbit Hill tract, also being the southeast corner of said Longhorn Junction tract; THENCE, with the north line of the remainder of said Peterson tract and the south line of said Longhorn Junction tract, S66º07’43”W, a distance of 1022.20 feet to a calculated point for the southwest corner hereof, from which a 1/2-inch iron rod found for the northwest corner of the remainder of said Peterson tract, same being an interior ell-corner of said Longhorn Junction tract bears, S66º07’43”W, a distance of 11.21 feet; THENCE, leaving the north line of the remainder of said Peterson tract and the south line of said Longhorn Junction tract, over and across said Longhorn Junction tract, the following twelve (12) courses and distances: 1) N36º08’58”W, a distance of 143.77 feet to a calculated point for an angle point hereof, 2) N01º11’24”E, a distance of 154.88 feet to a calculated point for an angle point hereof, 3) N50º19’43”W, a distance of 58.95 feet to a calculated point for an angle point hereof, 4) N15º07’08”W, a distance of 219.29 feet to a calculated point for an angle point hereof, Exhibit B - Survey Attachment number 2 \nPage 1 of 3 Item # L P:\00209\Metes & Bounds & Certifications\00209_rev.docx - Page 2 of 2 5) N06º10’08”E, a distance of 92.01 feet to a calculated point for an angle point hereof, 6) N42º24’54”E, a distance of 138.30 feet to a calculated point for an angle point hereof, 7) N17º21’30”E, a distance of 44.04 feet to a calculated point for an angle point hereof, 8) N32º20’49”W, a distance of 128.85 feet to a calculated point for an angle point hereof, 9) N14º45’09”W, a distance of 297.12 feet to a calculated point for the northwest corner hereof, 10) N68º19’22”E, a distance of 429.16 feet to a calculated point for an exterior ell-corner hereof, 11) S23º14’04”E, a distance of 598.15 feet to a calculated point for an interior ell-corner hereof, and 12) N68º06’34”E, a distance of 805.78 feet to a calculated point for the northeast corner hereof, said point being in the west right-of-way line of said F.M. 1460, same being in the east line of said Longhorn Junction tract, from which a 1/2-inch iron rod with “Bury” cap found at the southwest right-of-way transition from said F.M. 1460 to SE Inner Loop (right-of-way varies), same being at a northeasterly corner of said Longhorn Junction tract bears, N21º30’45”W, a distance of 1,480.29 feet; THENCE, with the west right-of-way line of said F.M. 1460 and the east line of said Longhorn Junction tract, S21º30’45”E, a distance of 49.91 to the POINT OF BEGINNING and containing 20.0363 acres (872,781 square feet) of land, more or less. ___________________________________ Jason Ward, RPLS #5811 4Ward Land Surveying, LLC 4/24/2013 Exhibit B - Survey Attachment number 2 \nPage 2 of 3 Item # L ALTA/ACSM LAND TITLE SURVEY OF 20.0363 ACRES, PARTIALLY OUT OF THE LEWIS J. DYCHES SURVEY NO. 2, ABSTRACT NO. 180 AND PARTIALLY OUT OF THE FRANCIS A. HUDSON SURVEY NO. 1, ABSTRACT NO. 295 Williamson County, Texas PO Box 90876, Austin Texas 78709 www.4Wardls.com (512) 554-3371 A Limited Liability Company TBPLS FIRM #10174300 Exhibit B - Survey At t a c h m e n t n u m b e r 2 \ n P a g e 3 o f 3 It e m # L Annexation Service Plan Vantage Georgetown Page 1 of 13 Exhibit C CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA: VANTAGE AT GEORGETOWN COUNCIL DISTRICT NO. 1 DATE: JULY 9, 2013 I. INTRODUCTION This Service Plan (the Plan) is made by the City of Georgetown, Texas (City) pursuant to Sections 43.056(b)-(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code (LGC). This Plan relates to the annexation into the City of the land shown on Exhibit “A” and Exhibit “B” to this Service Plan, which has sometimes been referred to as “Vantage at Georgetown.” The provisions of this Plan were made available for public inspection and explained to the public at the two public hearings held by the City on July 9, 2013 and July 23, 2013, in accordance with Section 43.056(j) of the LGC. NOTE: This annexation was initiated by the petition or request of the owners of land in the annexed area. As stated in Section 43.056(e) of the Texas Local Government Code, the requirement that construction of capital improvements must be substantially completed within the period provided in this service plan does not apply to a development project or proposed development project within an area annexed at the request or on the petition of the landowner. The development of this property will require a rezoning and comply with the City’s utility extension policy. II. TERM OF SERVICE PLAN Pursuant to Section 43.056(l) of the LGC, this Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the City Council and must be accomplished by Ordinance. III. INTENT It is the intent of the City that municipal services under this Plan shall provide municipal services in accordance with the timetables required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this Plan if the City Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful. IV. CATEGORIZATION OF MUNICIPAL SERVICES The municipal services described herein are categorized by those services which are (1) available to the annexed area immediately upon annexation; (2) those services which will be available to the annexed area within 2½ years from the effective date of the annexation; and (3) Attachment number 3 \nPage 1 of 13 Item # L Annexation Service Plan Vantage Georgetown Page 2 of 13 those services for which capital improvements are needed and which will be available within 4½ years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. For the purposes of this Plan, “provision of services” includes having services provided by any method or means by which the City provides municipal services to any other areas of the City, and may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services by contract, in whole or in part, and may include duties on the part of a private landowner with regard to such services. In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the same being provided by the City to other areas within the City limits, this Plan shall be construed to allow for the provision to the annexed area of a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. V. SERVICES TO BE PROVIDED UPON ANNEXATION 1. Police Protection –Upon annexation, the Georgetown Police Department will extend regular and routine patrols to the area. 2. Fire Protection and Emergency Medical Services– Upon annexation, in the areas where the City has jurisdiction over fire protection and emergency medical services or a contract under which the City provides such services, the City of Georgetown Fire Department will provide response services in the annexed area consisting of: fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention education efforts, and other duties and services provided by the Georgetown Fire Department to areas within the City limits. 3. Solid Waste Collection – Upon annexation, for occupied structures, the City will provide solid waste collection services to the annexed area in accordance with City ordinances and policies in effect on the date of the annexation. However, per the terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to continue to use the services of a privately owned solid waste management provider, the City is prevented from providing solid waste services for 2 years. 4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed Area that Are Not Within the Area of Another Water or Wastewater Utility – City- owned water and wastewater facilities that exist in the annexed area will be maintained upon annexation and such maintenance shall be governed by the City’s ordinances, standards, policies and procedures. Per the provisions of Section 13.01. 020 of the Unified Development Code (“UDC”), for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any public utilities or Attachment number 3 \nPage 2 of 13 Item # L Annexation Service Plan Vantage Georgetown Page 3 of 13 services in any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. The property currently is in the Chisholm Trail Service Area, not the City of Georgetown. 5. Operation and Maintenance of Streets, Roads, and Street Lighting – The City will provide preventative maintenance of the existing public streets and roads in the annexed area over which it has jurisdiction through maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. The City shall not maintain private roads in the annexed area. Preventative maintenance projects are prioritized on a City-wide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional classification, and available funding. As new streets are dedicated and accepted for maintenance they will be included in the City’s preventative maintenance program. Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any streets or street lighting to any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. With regard to street lighting, it is the policy of the City of Georgetown that adequate street lighting for the protection of the public and property be installed in all new subdivisions. Installation procedures and acceptable standards for street lights shall be governed by the utility standards of the City in effect at the time of subdivision construction or addition thereto. 6. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools - Upon annexation, publicly owned parks, playgrounds, and swimming pools in the annexed area (if any) will be operated and maintained by the City in accordance with the Section 12.20 of the City Code of Ordinances, and other applicable ordinances, policies, and procedures in effect at the time of annexation for other areas in the City limits. Privately owned parks, playgrounds, and pools will be unaffected by the annexation and shall not be maintained by the City. 7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services – Should the City acquire any buildings, facilities or services necessary for municipal services in the annexed area, an appropriate City department will operate and maintain them. 8. Library – Upon annexation, library privileges will be available to anyone residing in the annexed area. 9. Planning and Development; Building Permits and Inspections - Upon annexation, the City’s Unified Development Code and Title 15 of the City Code of Ordinances will apply in the area. These services include: site plan review, zoning approvals, Building Code and other standard Code inspection services and City Code Attachment number 3 \nPage 3 of 13 Item # L Annexation Service Plan Vantage Georgetown Page 4 of 13 enforcement; sign regulations and permits; and Stormwater Permit services. For a full description of these services, see the City’s Unified Development Code and Title 15 of the City Code of Ordinances. 10. Animal Control Services – The provisions of Chapter 7 of the City Code of Ordinances relating to animal control services shall apply in the annexed area. 11. Business Licenses and Regulations – The provisions of Chapter 6 of the City Code of Ordinances relating to business licenses and regulations (Carnivals Circuses and Other Exhibitions; Electrician’s Licenses; Gross Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn Carriages and other Non-Motorized Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic Beverages) shall apply in the annexed area. 12. Health and Safety Regulations – The provisions of Chapter 8 of the City Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and Smoking in Public Places) shall apply in the annexed area. 13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. VI. SERVICES TO BE PROVIDED WITHIN 4½ YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General – The City will initiate the construction of capital improvements necessary for providing municipal services for the annexation area as necessary for services that are provided directly by the City. 2. Water and Wastewater Services– Water and wastewater services are only provided to occupied lots that have been legally subdivided and platted or are otherwise a legal lot, and that are located within the boundaries of the City’s authorized service areas. Further, existing residences in the annexed area that were served by a functioning onsite sewer system (septic system) shall continue to use such private system for wastewater services in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Existing non-residential establishments in the annexed area may continue to use an onsite sewer system (septic system) for sewage disposal in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Upon the Development of any property in the annexed area, the provisions of Chapter 13 of the UDC shall apply. The City shall have no obligation to extend water or wastewater service to any part of the annexed area that is within the service area of another water or wastewater utility. For annexed areas located within the City’s authorized service areas, the City shall, subject to the terms and conditions of this Plan, extend water and wastewater Attachment number 3 \nPage 4 of 13 Item # L Annexation Service Plan Vantage Georgetown Page 5 of 13 service in accordance with the service extension ordinances, policies, and standards that are summarized in Section X of this Plan, which may require that the property owner or developer of a newly developed tract install water and wastewater lines. The extension of water and wastewater services will be provided in accordance with any applicable construction and design standards manuals adopted by the City. 3. Water and Wastewater Capital Improvements Schedule – Because of the time required to design and construct the necessary water and wastewater facilities to serve the annexed area, certain services cannot be reasonably provided within 2½ years of the effective date of annexation. Therefore, in accordance with Sections 43.065(b) and (e) of the LGC, the City shall implement a program, which will be initiated after the effective date of the annexation and include the acquisition or construction of capital improvements necessary for providing water and wastewater services to the area. The following schedule for improvements is proposed: construction will commence within 2 ½ years from the effective date of annexation and will be substantially complete within 4 ½ years from the effective date of annexation. However, the provisions of Section VII of this Plan shall apply to the schedule for completion of all capital improvements. In addition, the acquisition or construction of the improvements shall be accomplished by purchase, lease, or other contract or by the City succeeding to the powers, duties, assets, and obligations of a conservation and reclamation district as authorized or required by law. 4. Roads and Streets – No road or street related capital improvements are necessary at this time. Future extension of roads or streets and installation of traffic control devices will be governed by the City’s Comprehensive Plan, the City’s Overall Transportation Plan, the City’s Capital Improvements Plan; the City’s regular or non-impact fee Capital Improvements Program, and any applicable City ordinances, policies, and procedures, which may require that the property owner or developer install roads and streets at the property owner’s or developer’s expense. It is anticipated that the developer of new subdivisions in the area will install street lighting in accordance with the City’s standard policies and procedures. Provision of street lighting will be in accordance with the City’s street lighting policies. 5. Capital Improvements for Other Municipal Services – No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergency Medical Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the City’s future planning for new or expanded capital improvements and evaluated on the same basis and in accordance with the same standards as similarly situated areas of the City. VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS 1. Certain events, described as Force Majeure Events in this Plan, are those over which the City has no control. Force Majeure Events shall include, but not be limited to, acts of Attachment number 3 \nPage 5 of 13 Item # L Annexation Service Plan Vantage Georgetown Page 6 of 13 God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other inabilities of the City, whether similar to those enumerated or otherwise, which are not within the control of the City. Any deadlines or other provisions of this Plan that are affected by a Force Majeure Event shall be automatically extended to account for delays caused by such Force Majeure Event. 2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital improvements necessary to provide full municipal services to the annexed area may be amended by the City to extend the period for construction if the construction is proceeding with all deliberate speed. The construction of the improvements shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. However, the City does not violate this Plan if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. VIII. AMENDMENTS Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public hearings, that changed conditions or subsequent occurrences make the Plan unworkable or obsolete, the City Council may amend the Plan to conform to the changed conditions or subsequent occurrences. An amended Plan must provide for services that are comparable to or better than those established in the Plan before amendment. Before any Plan amendments are adopted, the City Council must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.0561 of the LGC. IX. FEES The City may impose a fee for any municipal service in the area annexed if the same type of fee is imposed within the corporate boundaries of the City. All City fees are subject to revision from time to time by the City in its sole discretion. X. SUMMARY OF CURRENT WATER AND WASTEWATER SERVICE EXTENSION POLICIES Per the requirements of Section 43.056(e) of the LGC, the following summary is provided regarding the City’s current service extension policies for water and wastewater service. However, this is a summary of the current policies, and the policies and regulations related to water and wastewater utility extensions that are included in the City Code of Ordinances, the Unified Development Code, the City’s Construction and Specifications Manual; Drainage Manual, and other published policies and technical manuals, as the same may be amended from time to time, shall control the extension of water and wastewater services to the annexed area. Attachment number 3 \nPage 6 of 13 Item # L Annexation Service Plan Vantage Georgetown Page 7 of 13 In addition, these policies and ordinances are set by City Council and can be amended in the future: 1. In General -- The provisions of Chapter 13 of the City’s Unified Development Code (“UDC”) shall apply in the annexed area and Chapter 13 of the City Code of Ordinances. Portions of the current Chapter 13 of the UDC and the current Chapter 13 of the Code of Ordinances are summarized below. Note that these provisions are established by ordinance of the City Council and are subject to change from time to time. A. The City shall not repair, maintain, install or provide any water services, wastewater service, gas, electricity or any other public utilities or services to any property that has not been legally subdivided or is a non-legal lot. B. For property that is required by the City’s UDC or other City regulations to construct water or wastewater facilities, funding and construction of those facilities are the responsibility of the property owner or developer (the “subdivider”). C. Subdividers shall be responsible for providing an approved public water supply system for fire protection and domestic/ commercial/ industrial usage consistent with the Comprehensive Plan. Where an approved public water supply or distribution main is within reasonable distance of the subdivision, but in no case less than one-quarter mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply. The subdivider shall, consistent with all existing ordinances, make a pro-rata contribution to funding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the City. D. Subdividers shall be responsible for providing an approved public sanitary sewer system, consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be capable of connecting to the sanitary sewer system except as otherwise provided herein. Where an approved public sanitary sewer collection main or outfall line is in no case less than one-half mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing sanitary sewer system. Where an approved public wastewater collection main or outfall line is more than one-half mile away from the property boundary, and where extension of a sanitary sewer collection main or outfall line is scheduled in the City’s Capital Improvements Plan to be completed to a point within one-half mile of the property boundary within five (5) years from the date of the Preliminary Plat approval, the subdivider shall be required to install a public wastewater collection system. The design and construction of a public sanitary sewer system shall comply with regulations covering extension of public sanitary sewer systems adopted by the Texas Commission on Environmental Quality. Attachment number 3 \nPage 7 of 13 Item # L Annexation Service Plan Vantage Georgetown Page 8 of 13 E. All infrastructure and public improvements must be designed and installed in accordance with all of the elements of the Comprehensive Plan and shall meet the minimum requirements established by the UDC, the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, and any other adopted City design or technical criteria. No main water line extension shall be less than eight inches. All new public sanitary sewer systems shall be designed and constructed to conform with the City’s Construction Standards and Specifications and to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains. 2. If the specific undeveloped property does not have City water or wastewater facilities and capacity fronting the property – the owner may make an application for an extension of service to the property. If the Assistant City Manager for Utilities determines in writing that adequate water or wastewater capacity is available, or will be available, and if the project does not include City cost participation or reimbursement, if the proposed facilities are depicted on the City’s Water and Wastewater Master Plans, and the requested service otherwise meets the City’s requirements, the extension size, capacity, and routing may be approved by the Assistant City Manager for Utilities for construction by the developer at the developer’s cost and expense. 3. If the specific undeveloped property does have adequate City water or wastewater facilities and capacity fronting the property – the owner may receive water or wastewater service from the City by applying for a tap permit and paying the required fees. 4. If any property in the annexed area is using a septic system – the property owner remains responsible for the operation and maintenance of the septic system. If the property is in a Rural Residential Subdivision as defined in Chapter 13 of the UDC, or is a legal lot greater than one acre in size and used for single family residential purposes, the property shall continue the use of a septic system after annexation until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City’s desire for the property to be connected to the public sanitary sewer line. If the septic system fails before the City’s centralized wastewater service is extended to within 200 feet of the property and the City determines that the provision of centralized wastewater service is not feasible or practical at that time, then the property owner must either repair or replace the septic system in accordance with the provisions of Section 13.20 of the City Code of Ordinances. Properties using a septic system that are not in a Rural Residential Subdivision , or are not legal lots greater than one acre in size and used for single family residential purposes at the time of annexation, but that are designated as either residential, open space or agricultural on the City’s Future Land Use Plan shall continue the use of a septic system until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been Attachment number 3 \nPage 8 of 13 Item # L Annexation Service Plan Vantage Georgetown Page 9 of 13 extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City’s desire for the property to be connected to the public sanitary sewer line. 5. Reimbursement and cost participation by the City – Pursuant to Section 13.09.030 of the UDC, the City, in its sole discretion and with City Council approval, may participate with a property owner or developer in the cost of oversized facilities or line extensions. The actual calculation of the cost participation and reimbursement amounts, including limits and schedules for the payments, are set forth in the UDC. 6. City Code of Ordinances: (The following provisions are set by the City Council and can be amended in the future by ordinance.) Chapter 13.10 of the City Code of Ordinances currently provides as follows: Section 13.10.010 Policy established. This policy shall apply to improvements to the City's utility systems, including system upgrades, system expansion, and plant capacity additions. In this Section, the term “utility system” shall mean the City’s water system, wastewater system, reuse irrigation system, and stormwater drainage system. Section 13.10.020 System Planning. The City shall maintain and periodically update system plans for each utility so that system improvements are implemented to maintain adequate capacity for growth while maintaining proper service levels to existing customers. Section 13.10.030 Project Timing. A. Projects designed to expand or upgrade a utility system must be completed and ready for operations such that capacity requirements by state regulatory agencies and City system plans are met. B. When possible, the City should coordinate the construction of system improvements in a particular location with the expansion or maintenance of other utility infrastructure to minimize the future impact on each utility. C. Projects should begin the design phase when existing demand at a specific location exceeds 75% of current capacity and future demand is expected to exceed the current total capacity. D. Projects should begin the construction phase when existing demand at a specific location exceeds 90% of current capacity and future demand is expected to exceed the current total capacity. Attachment number 3 \nPage 9 of 13 Item # L Annexation Service Plan Vantage Georgetown Page 10 of 13 E. Projects required to facilitate the development of a specific tract shall be done in accordance with the Unified Development Code. F. Projects required as a result of an annexation service plan shall be provided as stated in the approved Service Plan for such annexed tracts. Section 13.10.040 Project Financing. A. Projects required to facilitate the subdivision of a specific tract shall be paid by the subdivider in accordance with the Unified Development Code, unless otherwise authorized in writing and approved by the City Council in accordance with the terms of Section 13.09 of the Unified Development Code or other applicable law. B. When utility expansion is requested within a portion of the City’s utility service area, but the City is not otherwise required to provide service or planning to provide service as reflected in the City’s Capital Improvements Plan, the City may nonetheless, at the City’s sole option, facilitate the design and construction of the required utility extensions or upgrades by managing the project with the cost of such extensions to be shared and fully paid by the requesting landowners or subdividers prior to commencement of the project. C. When utility expansion is requested within a portion of the City’s utility service area, the City shall evaluate degree to which the project 1) facilitates contiguous growth, 2) maximizes the provision of service to the service area, 3) enhances economic development, 4) improves system operations, 5) contributes to conservation or other environmental concern, and 6) facilitates the completion of the utility master plan. D. At the City’s sole option, the City may also facilitate the installation of utility expansion requests through 1) financial cost contribution, 2) financing of the improvement using individual contracts between the City and each landowner for a proportionate share of the project cost to be paid out over a specified period of time at a specified rate of interest, 3) Impact Fee or connection fee reduction or waiver. Chapter 13.20 of the City Code of Ordinances currently provides as follows: Sec. 13.20.010. General. A. It is unlawful for any owner or lessee, tenant or other person in possession of any premises where any person lives or works, or occupies the same, to establish, maintain or use any water closet, bathtub, lavatory or sink except by one of the following means and consistent with the other terms, conditions and requirements of this Chapter and with the City’s Unified Development Code: 1. Connection to an approved Onsite Sewage Facility that is constructed and maintained in accordance with the rules and regulations of all appropriate state and local agencies having jurisdiction over such facilities; or Attachment number 3 \nPage 10 of 13 Item # L Annexation Service Plan Vantage Georgetown Page 11 of 13 2. Connection to a public centralized wastewater collection main with all wastewater discharged to a centralized public wastewater collection system. B. Upon the “Development” of property, the provisions of Chapter 13 of the Unified Development Code (pertaining to Infrastructure and Public Improvements) shall govern the provision of wastewater service to the property. For the purposes of this section, the term “Development” shall have the same meaning as in Section 16.05 of the City’s Unified Development Code. C. It is the duty of each such person referenced in subsection (A), above, to connect such fixtures to an approved wastewater system, and to maintain the same. Sec. 13.20.020. On Site Sewage Facilities. A. General. All On Site Sewage Facilities must be constructed and maintained in accordance with the rules and regulations of the appropriate state and local agencies having jurisdiction over such facilities. B. Availability of a Public Centralized Wastewater Collection Main. If a public centralized wastewater collection main is located within 200 feet of a property line, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then property owner shall connect that property to said utility line at the earliest to occur of either of the following events: failure of the On Site Sewage Facility servicing the property, or the date that is five (5) years after receipt of notice of the availability of a wastewater collection main within 200-feet of the property line. C. Failure of On Site Sewage Facility. When an Onsite Sewage Facility fails, the following provisions shall apply: a. If a public centralized wastewater collection main is located within 200 feet of the property boundary, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then the property must be connected to said utility line by the property owner; b. If no public centralized wastewater collection main is located within 200 feet of the property boundary, the City shall evaluate the feasibility of providing centralized wastewater collection services to the property via a gravity or low pressure system. Where the provision of gravity sewer service or low pressure system is technically feasible, utility system improvements may be made in accordance with Chapters 13.10; c. If the City determines that the provision of wastewater service via a centralized wastewater collection main is not necessary due to existing or future land use, then the On Site Sewage Facility may be repaired or replaced. (Prior code § 12-101) Sec. 13.20.030. Privies prohibited. Attachment number 3 \nPage 11 of 13 Item # L Annexation Service Plan Vantage Georgetown Page 12 of 13 It is unlawful for any owner or lessee, tenant or other person in possession of any premises in the City to establish or maintain any privy or dry closet. Sec.13.20.040 Low Pressure Sewer Systems A. A “Low Pressure Sewer System” is an individual lift station located at each utility customer or property owner location having a private force main connecting to a public force main or gravity main located in a public utility easement or public right- of-way. B. Each property owner and utility customer shall be responsible for the cost of installation and maintenance of the individual lift station and private force main. Section 13.20.050. Prohibited Discharges into Sewer System No person shall discharge, cause to be discharged, or permit to be discharged, either directly or indirectly into the public sewer system, waste or wastewater from any of the following sources unless allowed by the City Manager, or his/her designee: A. Any wastes or wastewater that does not meet the limitations imposed by Section 13.24 of the Code of Ordinances. B. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or yard drainage; C. Any unpolluted water, including , but not limited to, cooling water, process water or blow-down water from cooling towers or evaporative coolers; D. Any wastes or wastewater, or any object, material, or other substance directly into a manhole or other opening into the sewer facilities other than wastes or wastewater through an approved service connection. E. Any holding tank waste, provided, that such waste may be placed into facilities designed to receive such wastes and approved by the City Manager, or his/her designee. Section 13.20.060 Sewer System Maintenance A. For properties with gravity wastewater service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral between the building and the point of connection into the public sewer main. B. For properties with low pressure service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral, lift station (grinder pump) and force main between the building and the point of connection into the public sewer main. Attachment number 3 \nPage 12 of 13 Item # L Annexation Service Plan Vantage Georgetown Page 13 of 13 C. When, as a part of sewer system testing, the City identifies a flaw in a private service lateral or force main where a repair is necessary to prevent infiltration or inflow, the property owner and utility customer shall be responsible to cause the repairs to be made within one (1) year of the date of notification by the City. D. If repairs are not complete within one year of notification by the City, City may engage the services of a contractor to make the necessary repairs with the costs for such repairs to be paid by the City and subsequently charged to property owner and utility customer. Attachment number 3 \nPage 13 of 13 Item # L City of Georgetown, Texas July 9, 2013 SUBJECT: Public Hearingfor the voluntary annexation into the city limits of 98.22acres in the Hudson Survey, to be known as Celebration Church, located at Rabbit Hill Road and Westinghouse Road -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director ITEM SUMMARY: The proposed annexation is for the remainder of the property owned by Celebration Church along Westinghouse Road. A strip of the property was annexed in 1986, but the existing church facility and surface parking were erected more recently outside of the city limits. The church is seeking expansion with new buildings, parking, and driveway connections, and additional utilities are being sought from the City. Staff recommends proceeding with the public hearings and then discussing the merits of annexation at the first reading of the ordinance on August 13th. This item is one of two required public hearings and requires no action from Council. In order to complete the annexation, the following process will be followed: June-August Annexation Cycle · July 9, 2013: Resolution accepting petition · July 9, 2013: 1st Public Hearing held at City Council Meeting. · July 23, 2013: 2nd Public Hearing at City Council Meeting. · August 13, 2013: 1st Reading of Ordinance at City Council Meeting, · August 27, 2013: 2nd Reading of Ordinance. (Second Reading can be held up to 90 days from 1st reading, the last scheduled Council Meeting in the 90 days is October 22, 2013.) FINANCIAL IMPACT: City services, including police and fire protection, emergency medical services, solid waste collection and disposal, maintenance of wastewater facilities, maintenance of road, streets and drainage, street lighting, and maintenance of City park and recreation facilities must be provided to the annexed area within sixty (60) days after the effective date of the annexation, if applicable. Extension of capital improvements such as wastewater systems will be subject to the City’s utility extension and improvement policy and/or the development agreement with the City. The property currently contains a church with surface parking and no residents. SUBMITTED BY: Jordan Maddox ATTACHMENTS: Resolution Setting Hearing Dates Location Map Property Survey Service Plan Cover Memo Item # M CITYOF GEORGETOWN C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N CITY OF GEORGETO W N Georgetown ETJ R A B B I T H I L L R D C L E A R V I E W D R S IH 35 FWY NB COMMER C E B L V D F O X D R W E S T I N G H O U S E R D GATEWAY DR H E W L E T T L O O P L O O K O U T R D G C L O V E R D A L E L N K E L L E Y D R EN T R 2 5 7 N B P A R K C E N T R A L B L V D EX I T 2 5 9 N B S IH 35 FWYSB S I H 3 5 S B S I H 3 5 N B S I H 3 5 N B ANX-2013-004 0 1,000 2,000 Feet Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ Legend SiteParcelsCity LimitsGeorgetown ETJ ANX-2013-004Exhibit A Attachment number 1 \nPage 1 of 1 Item # M Exhibit B Attachment number 2 \nPage 1 of 4 Item # M Exhibit B Attachment number 2 \nPage 2 of 4 Item # M Exhibit B Attachment number 2 \nPage 3 of 4 Item # M Exhibit B At t a c h m e n t n u m b e r 2 \ n P a g e 4 o f 4 It e m # M Annexation Service Plan Celebration Church Page 1 of 13 Exhibit C CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA: CELEBRATION CHURCH COUNCIL DISTRICT NO. 1 DATE: JULY 9, 2013 I. INTRODUCTION This Service Plan (the Plan) is made by the City of Georgetown, Texas (City) pursuant to Sections 43.056(b)-(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code (LGC). This Plan relates to the annexation into the City of the land shown on Exhibit “A” and Exhibit “B” to this Service Plan, which has sometimes been referred to as “Celebration Church.” The provisions of this Plan were made available for public inspection and explained to the public at the two public hearings held by the City on July 9, 2013, and July 23, 2013, in accordance with Section 43.056(j) of the LGC. NOTE: This annexation was initiated by the petition or request of the owners of land in the annexed area. As stated in Section 43.056(e) of the Texas Local Government Code, the requirement that construction of capital improvements must be substantially completed within the period provided in this service plan does not apply to a development project or proposed development project within an area annexed at the request or on the petition of the landowner. The development of this property would require a rezoning and Utility Agreement at the time of development. The rezoning and Utility Agreement shall control the schedule of the provision of municipal services for the areas. To the extent that there is a conflict between this Service Plan and Utility Agreement, the Utility Agreement shall control. Water is currently provided by Chisholm Trail and the City of Georgetown has no obligation to provide water services to the property as of the date of this service plan and shall have no obligation to fulfill provisions of this plan pertaining to such services. II. TERM OF SERVICE PLAN Pursuant to Section 43.056(l) of the LGC, this Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the City Council and must be accomplished by Ordinance. III. INTENT It is the intent of the City that municipal services under this Plan shall provide municipal services in accordance with the timetables required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this Plan if the City Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful. Attachment number 3 \nPage 1 of 13 Item # M Annexation Service Plan Celebration Church Page 2 of 13 IV. CATEGORIZATION OF MUNICIPAL SERVICES The municipal services described herein are categorized by those services which are (1) available to the annexed area immediately upon annexation; (2) those services which will be available to the annexed area within 2½ years from the effective date of the annexation; and (3) those services for which capital improvements are needed and which will be available within 4½ years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. For the purposes of this Plan, “provision of services” includes having services provided by any method or means by which the City provides municipal services to any other areas of the City, and may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services by contract, in whole or in part, and may include duties on the part of a private landowner with regard to such services. In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the same being provided by the City to other areas within the City limits, this Plan shall be construed to allow for the provision to the annexed area of a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. V. SERVICES TO BE PROVIDED UPON ANNEXATION 1. Police Protection –Upon annexation, the Georgetown Police Department will extend regular and routine patrols to the area. 2. Fire Protection and Emergency Medical Services– Upon annexation, in the areas where the City has jurisdiction over fire protection and emergency medical services or a contract under which the City provides such services, the City of Georgetown Fire Department will provide response services in the annexed area consisting of: fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention education efforts, and other duties and services provided by the Georgetown Fire Department to areas within the City limits. 3. Solid Waste Collection – Upon annexation, for occupied structures, the City will provide solid waste collection services to the annexed area in accordance with City ordinances and policies in effect on the date of the annexation. However, per the terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to continue to use the services of a privately owned solid waste management provider, the City is prevented from providing solid waste services for 2 years. 4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed Area that Are Not Within the Area of Another Water or Wastewater Utility – City- Attachment number 3 \nPage 2 of 13 Item # M Annexation Service Plan Celebration Church Page 3 of 13 owned water and wastewater facilities that exist in the annexed area will be maintained upon annexation and such maintenance shall be governed by the City’s ordinances, standards, policies and procedures. Per the provisions of Section 13.01. 020 of the Unified Development Code (“UDC”), for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any public utilities or services in any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. The property currently is in the Chisholm Trail Service Area, not the City of Georgetown. 5. Operation and Maintenance of Streets, Roads, and Street Lighting – The City will provide preventative maintenance of the existing public streets and roads in the annexed area over which it has jurisdiction through maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. The City shall not maintain private roads in the annexed area. Preventative maintenance projects are prioritized on a City-wide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional classification, and available funding. As new streets are dedicated and accepted for maintenance they will be included in the City’s preventative maintenance program. Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any streets or street lighting to any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. With regard to street lighting, it is the policy of the City of Georgetown that adequate street lighting for the protection of the public and property be installed in all new subdivisions. Installation procedures and acceptable standards for street lights shall be governed by the utility standards of the City in effect at the time of subdivision construction or addition thereto. 6. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools - Upon annexation, publicly owned parks, playgrounds, and swimming pools in the annexed area (if any) will be operated and maintained by the City in accordance with the Section 12.20 of the City Code of Ordinances, and other applicable ordinances, policies, and procedures in effect at the time of annexation for other areas in the City limits. Privately owned parks, playgrounds, and pools will be unaffected by the annexation and shall not be maintained by the City. 7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services – Should the City acquire any buildings, facilities or services necessary for municipal services in the annexed area, an appropriate City department will operate and maintain them. 8. Library – Upon annexation, library privileges will be available to anyone residing in the annexed area. Attachment number 3 \nPage 3 of 13 Item # M Annexation Service Plan Celebration Church Page 4 of 13 9. Planning and Development; Building Permits and Inspections - Upon annexation, the City’s Unified Development Code and Title 15 of the City Code of Ordinances will apply in the area. These services include: site plan review, zoning approvals, Building Code and other standard Code inspection services and City Code enforcement; sign regulations and permits; and Stormwater Permit services. For a full description of these services, see the City’s Unified Development Code and Title 15 of the City Code of Ordinances. 10. Animal Control Services – The provisions of Chapter 7 of the City Code of Ordinances relating to animal control services shall apply in the annexed area. 11. Business Licenses and Regulations – The provisions of Chapter 6 of the City Code of Ordinances relating to business licenses and regulations (Carnivals Circuses and Other Exhibitions; Electrician’s Licenses; Gross Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn Carriages and other Non-Motorized Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic Beverages) shall apply in the annexed area. 12. Health and Safety Regulations – The provisions of Chapter 8 of the City Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and Smoking in Public Places) shall apply in the annexed area. 13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. VI. SERVICES TO BE PROVIDED WITHIN 4½ YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General – The City will initiate the construction of capital improvements necessary for providing municipal services for the annexation area as necessary for services that are provided directly by the City. 2. Water and Wastewater Services– Water and wastewater services are only provided to occupied lots that have been legally subdivided and platted or are otherwise a legal lot, and that are located within the boundaries of the City’s authorized service areas. Further, existing residences in the annexed area that were served by a functioning onsite sewer system (septic system) shall continue to use such private system for wastewater services in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Existing non-residential establishments in the annexed area may continue to use an onsite sewer system (septic system) for sewage disposal in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Upon the Development Attachment number 3 \nPage 4 of 13 Item # M Annexation Service Plan Celebration Church Page 5 of 13 of any property in the annexed area, the provisions of Chapter 13 of the UDC shall apply. The City shall have no obligation to extend water or wastewater service to any part of the annexed area that is within the service area of another water or wastewater utility. For annexed areas located within the City’s authorized service areas, the City shall, subject to the terms and conditions of this Plan, extend water and wastewater service in accordance with the service extension ordinances, policies, and standards that are summarized in Section X of this Plan, which may require that the property owner or developer of a newly developed tract install water and wastewater lines. The extension of water and wastewater services will be provided in accordance with any applicable construction and design standards manuals adopted by the City. 3. Water and Wastewater Capital Improvements Schedule – Because of the time required to design and construct the necessary water and wastewater facilities to serve the annexed area, certain services cannot be reasonably provided within 2½ years of the effective date of annexation. Therefore, in accordance with Sections 43.065(b) and (e) of the LGC, the City shall implement a program, which will be initiated after the effective date of the annexation and include the acquisition or construction of capital improvements necessary for providing water and wastewater services to the area. The following schedule for improvements is proposed: construction will commence within 2 ½ years from the effective date of annexation and will be substantially complete within 4 ½ years from the effective date of annexation. However, the provisions of Section VII of this Plan shall apply to the schedule for completion of all capital improvements. In addition, the acquisition or construction of the improvements shall be accomplished by purchase, lease, or other contract or by the City succeeding to the powers, duties, assets, and obligations of a conservation and reclamation district as authorized or required by law. 4. Roads and Streets – No road or street related capital improvements are necessary at this time. Future extension of roads or streets and installation of traffic control devices will be governed by the City’s Comprehensive Plan, the City’s Overall Transportation Plan, the City’s Capital Improvements Plan; the City’s regular or non-impact fee Capital Improvements Program, and any applicable City ordinances, policies, and procedures, which may require that the property owner or developer install roads and streets at the property owner’s or developer’s expense. It is anticipated that the developer of new subdivisions in the area will install street lighting in accordance with the City’s standard policies and procedures. Provision of street lighting will be in accordance with the City’s street lighting policies. 5. Capital Improvements for Other Municipal Services – No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergency Medical Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the City’s future planning for new or expanded capital improvements and evaluated on the same basis and in accordance with the same standards as similarly situated areas of the City. Attachment number 3 \nPage 5 of 13 Item # M Annexation Service Plan Celebration Church Page 6 of 13 VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS 1. Certain events, described as Force Majeure Events in this Plan, are those over which the City has no control. Force Majeure Events shall include, but not be limited to, acts of God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other inabilities of the City, whether similar to those enumerated or otherwise, which are not within the control of the City. Any deadlines or other provisions of this Plan that are affected by a Force Majeure Event shall be automatically extended to account for delays caused by such Force Majeure Event. 2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital improvements necessary to provide full municipal services to the annexed area may be amended by the City to extend the period for construction if the construction is proceeding with all deliberate speed. The construction of the improvements shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. However, the City does not violate this Plan if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. VIII. AMENDMENTS Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public hearings, that changed conditions or subsequent occurrences make the Plan unworkable or obsolete, the City Council may amend the Plan to conform to the changed conditions or subsequent occurrences. An amended Plan must provide for services that are comparable to or better than those established in the Plan before amendment. Before any Plan amendments are adopted, the City Council must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.0561 of the LGC. IX. FEES The City may impose a fee for any municipal service in the area annexed if the same type of fee is imposed within the corporate boundaries of the City. All City fees are subject to revision from time to time by the City in its sole discretion. X. SUMMARY OF CURRENT WATER AND WASTEWATER SERVICE EXTENSION POLICIES Per the requirements of Section 43.056(e) of the LGC, the following summary is provided regarding the City’s current service extension policies for water and wastewater service. Attachment number 3 \nPage 6 of 13 Item # M Annexation Service Plan Celebration Church Page 7 of 13 However, this is a summary of the current policies, and the policies and regulations related to water and wastewater utility extensions that are included in the City Code of Ordinances, the Unified Development Code, the City’s Construction and Specifications Manual; Drainage Manual, and other published policies and technical manuals, as the same may be amended from time to time, shall control the extension of water and wastewater services to the annexed area. In addition, these policies and ordinances are set by City Council and can be amended in the future: 1. In General -- The provisions of Chapter 13 of the City’s Unified Development Code (“UDC”) shall apply in the annexed area and Chapter 13 of the City Code of Ordinances. Portions of the current Chapter 13 of the UDC and the current Chapter 13 of the Code of Ordinances are summarized below. Note that these provisions are established by ordinance of the City Council and are subject to change from time to time. A. The City shall not repair, maintain, install or provide any water services, wastewater service, gas, electricity or any other public utilities or services to any property that has not been legally subdivided or is a non-legal lot. B. For property that is required by the City’s UDC or other City regulations to construct water or wastewater facilities, funding and construction of those facilities are the responsibility of the property owner or developer (the “subdivider”). C. Subdividers shall be responsible for providing an approved public water supply system for fire protection and domestic/ commercial/ industrial usage consistent with the Comprehensive Plan. Where an approved public water supply or distribution main is within reasonable distance of the subdivision, but in no case less than one-quarter mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply. The subdivider shall, consistent with all existing ordinances, make a pro-rata contribution to funding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the City. D. Subdividers shall be responsible for providing an approved public sanitary sewer system, consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be capable of connecting to the sanitary sewer system except as otherwise provided herein. Where an approved public sanitary sewer collection main or outfall line is in no case less than one-half mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing sanitary sewer system. Where an approved public wastewater collection main or outfall line is more than one-half mile away from the property boundary, and where extension of a sanitary sewer collection main or outfall line is scheduled in the City’s Capital Improvements Plan to be completed to a point within one-half mile of the property boundary within five Attachment number 3 \nPage 7 of 13 Item # M Annexation Service Plan Celebration Church Page 8 of 13 (5) years from the date of the Preliminary Plat approval, the subdivider shall be required to install a public wastewater collection system. The design and construction of a public sanitary sewer system shall comply with regulations covering extension of public sanitary sewer systems adopted by the Texas Commission on Environmental Quality. E. All infrastructure and public improvements must be designed and installed in accordance with all of the elements of the Comprehensive Plan and shall meet the minimum requirements established by the UDC, the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, and any other adopted City design or technical criteria. No main water line extension shall be less than eight inches. All new public sanitary sewer systems shall be designed and constructed to conform with the City’s Construction Standards and Specifications and to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains. 2. If the specific undeveloped property does not have City water or wastewater facilities and capacity fronting the property – the owner may make an application for an extension of service to the property. If the Assistant City Manager for Utilities determines in writing that adequate water or wastewater capacity is available, or will be available, and if the project does not include City cost participation or reimbursement, if the proposed facilities are depicted on the City’s Water and Wastewater Master Plans, and the requested service otherwise meets the City’s requirements, the extension size, capacity, and routing may be approved by the Assistant City Manager for Utilities for construction by the developer at the developer’s cost and expense. 3. If the specific undeveloped property does have adequate City water or wastewater facilities and capacity fronting the property – the owner may receive water or wastewater service from the City by applying for a tap permit and paying the required fees. 4. If any property in the annexed area is using a septic system – the property owner remains responsible for the operation and maintenance of the septic system. If the property is in a Rural Residential Subdivision as defined in Chapter 13 of the UDC, or is a legal lot greater than one acre in size and used for single family residential purposes, the property shall continue the use of a septic system after annexation until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City’s desire for the property to be connected to the public sanitary sewer line. If the septic system fails before the City’s centralized wastewater service is extended to within 200 feet of the property and the City determines that the provision of centralized wastewater service is not feasible or practical at that time, then the property owner must either repair or replace the septic system in accordance with the provisions of Section 13.20 of the City Code of Ordinances. Properties using a septic system that are not in a Rural Attachment number 3 \nPage 8 of 13 Item # M Annexation Service Plan Celebration Church Page 9 of 13 Residential Subdivision , or are not legal lots greater than one acre in size and used for single family residential purposes at the time of annexation, but that are designated as either residential, open space or agricultural on the City’s Future Land Use Plan shall continue the use of a septic system until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City’s desire for the property to be connected to the public sanitary sewer line. 5. Reimbursement and cost participation by the City – Pursuant to Section 13.09.030 of the UDC, the City, in its sole discretion and with City Council approval, may participate with a property owner or developer in the cost of oversized facilities or line extensions. The actual calculation of the cost participation and reimbursement amounts, including limits and schedules for the payments, are set forth in the UDC. 6. City Code of Ordinances: (The following provisions are set by the City Council and can be amended in the future by ordinance.) Chapter 13.10 of the City Code of Ordinances currently provides as follows: Section 13.10.010 Policy established. This policy shall apply to improvements to the City's utility systems, including system upgrades, system expansion, and plant capacity additions. In this Section, the term “utility system” shall mean the City’s water system, wastewater system, reuse irrigation system, and stormwater drainage system. Section 13.10.020 System Planning. The City shall maintain and periodically update system plans for each utility so that system improvements are implemented to maintain adequate capacity for growth while maintaining proper service levels to existing customers. Section 13.10.030 Project Timing. A. Projects designed to expand or upgrade a utility system must be completed and ready for operations such that capacity requirements by state regulatory agencies and City system plans are met. B. When possible, the City should coordinate the construction of system improvements in a particular location with the expansion or maintenance of other utility infrastructure to minimize the future impact on each utility. Attachment number 3 \nPage 9 of 13 Item # M Annexation Service Plan Celebration Church Page 10 of 13 C. Projects should begin the design phase when existing demand at a specific location exceeds 75% of current capacity and future demand is expected to exceed the current total capacity. D. Projects should begin the construction phase when existing demand at a specific location exceeds 90% of current capacity and future demand is expected to exceed the current total capacity. E. Projects required to facilitate the development of a specific tract shall be done in accordance with the Unified Development Code. F. Projects required as a result of an annexation service plan shall be provided as stated in the approved Service Plan for such annexed tracts. Section 13.10.040 Project Financing. A. Projects required to facilitate the subdivision of a specific tract shall be paid by the subdivider in accordance with the Unified Development Code, unless otherwise authorized in writing and approved by the City Council in accordance with the terms of Section 13.09 of the Unified Development Code or other applicable law. B. When utility expansion is requested within a portion of the City’s utility service area, but the City is not otherwise required to provide service or planning to provide service as reflected in the City’s Capital Improvements Plan, the City may nonetheless, at the City’s sole option, facilitate the design and construction of the required utility extensions or upgrades by managing the project with the cost of such extensions to be shared and fully paid by the requesting landowners or subdividers prior to commencement of the project. C. When utility expansion is requested within a portion of the City’s utility service area, the City shall evaluate degree to which the project 1) facilitates contiguous growth, 2) maximizes the provision of service to the service area, 3) enhances economic development, 4) improves system operations, 5) contributes to conservation or other environmental concern, and 6) facilitates the completion of the utility master plan. D. At the City’s sole option, the City may also facilitate the installation of utility expansion requests through 1) financial cost contribution, 2) financing of the improvement using individual contracts between the City and each landowner for a proportionate share of the project cost to be paid out over a specified period of time at a specified rate of interest, 3) Impact Fee or connection fee reduction or waiver. Chapter 13.20 of the City Code of Ordinances currently provides as follows: Sec. 13.20.010. General. A. It is unlawful for any owner or lessee, tenant or other person in possession of any premises where any person lives or works, or occupies the same, to establish, maintain or use any water closet, bathtub, lavatory or sink except by one of the Attachment number 3 \nPage 10 of 13 Item # M Annexation Service Plan Celebration Church Page 11 of 13 following means and consistent with the other terms, conditions and requirements of this Chapter and with the City’s Unified Development Code: 1. Connection to an approved Onsite Sewage Facility that is constructed and maintained in accordance with the rules and regulations of all appropriate state and local agencies having jurisdiction over such facilities; or 2. Connection to a public centralized wastewater collection main with all wastewater discharged to a centralized public wastewater collection system. B. Upon the “Development” of property, the provisions of Chapter 13 of the Unified Development Code (pertaining to Infrastructure and Public Improvements) shall govern the provision of wastewater service to the property. For the purposes of this section, the term “Development” shall have the same meaning as in Section 16.05 of the City’s Unified Development Code. C. It is the duty of each such person referenced in subsection (A), above, to connect such fixtures to an approved wastewater system, and to maintain the same. Sec. 13.20.020. On Site Sewage Facilities. A. General. All On Site Sewage Facilities must be constructed and maintained in accordance with the rules and regulations of the appropriate state and local agencies having jurisdiction over such facilities. B. Availability of a Public Centralized Wastewater Collection Main. If a public centralized wastewater collection main is located within 200 feet of a property line, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then property owner shall connect that property to said utility line at the earliest to occur of either of the following events: failure of the On Site Sewage Facility servicing the property, or the date that is five (5) years after receipt of notice of the availability of a wastewater collection main within 200-feet of the property line. C. Failure of On Site Sewage Facility. When an Onsite Sewage Facility fails, the following provisions shall apply: a. If a public centralized wastewater collection main is located within 200 feet of the property boundary, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then the property must be connected to said utility line by the property owner; b. If no public centralized wastewater collection main is located within 200 feet of the property boundary, the City shall evaluate the feasibility of providing centralized wastewater collection services to the property via a gravity or low pressure system. Where the provision of gravity sewer service or low pressure system is technically feasible, utility system improvements may be made in accordance with Chapters 13.10; Attachment number 3 \nPage 11 of 13 Item # M Annexation Service Plan Celebration Church Page 12 of 13 c. If the City determines that the provision of wastewater service via a centralized wastewater collection main is not necessary due to existing or future land use, then the On Site Sewage Facility may be repaired or replaced. (Prior code § 12-101) Sec. 13.20.030. Privies prohibited. It is unlawful for any owner or lessee, tenant or other person in possession of any premises in the City to establish or maintain any privy or dry closet. Sec.13.20.040 Low Pressure Sewer Systems A. A “Low Pressure Sewer System” is an individual lift station located at each utility customer or property owner location having a private force main connecting to a public force main or gravity main located in a public utility easement or public right- of-way. B. Each property owner and utility customer shall be responsible for the cost of installation and maintenance of the individual lift station and private force main. Section 13.20.050. Prohibited Discharges into Sewer System No person shall discharge, cause to be discharged, or permit to be discharged, either directly or indirectly into the public sewer system, waste or wastewater from any of the following sources unless allowed by the City Manager, or his/her designee: A. Any wastes or wastewater that does not meet the limitations imposed by Section 13.24 of the Code of Ordinances. B. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or yard drainage; C. Any unpolluted water, including , but not limited to, cooling water, process water or blow-down water from cooling towers or evaporative coolers; D. Any wastes or wastewater, or any object, material, or other substance directly into a manhole or other opening into the sewer facilities other than wastes or wastewater through an approved service connection. E. Any holding tank waste, provided, that such waste may be placed into facilities designed to receive such wastes and approved by the City Manager, or his/her designee. Section 13.20.060 Sewer System Maintenance A. For properties with gravity wastewater service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of Attachment number 3 \nPage 12 of 13 Item # M Annexation Service Plan Celebration Church Page 13 of 13 the sewer system in the building and the service lateral between the building and the point of connection into the public sewer main. B. For properties with low pressure service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral, lift station (grinder pump) and force main between the building and the point of connection into the public sewer main. C. When, as a part of sewer system testing, the City identifies a flaw in a private service lateral or force main where a repair is necessary to prevent infiltration or inflow, the property owner and utility customer shall be responsible to cause the repairs to be made within one (1) year of the date of notification by the City. D. If repairs are not complete within one year of notification by the City, City may engage the services of a contractor to make the necessary repairs with the costs for such repairs to be paid by the City and subsequently charged to property owner and utility customer. Attachment number 3 \nPage 13 of 13 Item # M Resolution No. __________________ Page 1 of 1 Celebration Church 98.22 acres Date Approved: 7.9.13 RESOLUTION NO. ______________ A Resolution of the City Council of the City of Georgetown, Texas, granting a Petition for the Voluntary Annexation of 98.22 acres in the Hudson Survey, for Celebration Church; and directing publication of notice and public hearings for proposed annexation Whereas, the owners of the hereinafter described area of land have requested the governing body of the City of Georgetown, pursuant to Local Government Code Section 43.028, by written petition, properly acknowledged, to annex said area of land into the City of Georgetown, to-wit: 98.22 acres in the Hudson Survey, Williamson County, Texas, more particularly shown on the map attached hereto as Exhibit “A” and described by metes and bounds in Exhibit “B,” both of which are attached hereto and incorporated herein by reference as if set forth in full; and Whereas, the said area of land is contiguous to the existing city limits of the City of Georgetown, and is without residents or has fewer than three qualified voters residing on it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: That the said Petition, being proper and according to law, shall be, and is hereby, granted; and, further, the City Secretary is directed to commence the publication of notices of two public hearings to be held July 9, 2013, and July 23, 2013, before the City Council on the subject of the proposed annexation of the said area into the city limits; and further, to place upon the City Council Agendas for August 13, 2013, and any meeting before October 22 ,2013, the consideration of the passage of an ordinance annexing said area into the city limits. PASSED AND APPROVED this the 9th day of July, 2013. ATTEST: ____ __ __ Jessica Brettle, City Secretary George G. Garver, Mayor Approved as to Form: __ Bridget Chapman, Acting City Attorney Attachment number 4 \nPage 1 of 1 Item # M City of Georgetown, Texas July 9, 2013 SUBJECT: Public Hearingfor the voluntary annexation into the city limits of 81.58acres in the Walters Survey, for Section III of theMadison at Georgetown, located on Ronald Reagan Blvd -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director ITEM SUMMARY: The proposed annexation is for property that is the third section of Madison at Georgetown, a development planned for northwest Georgetown. A companion rezoning application is on file and is being processed simultaneously. There is a development agreement for this property which details the provision of wastewater services and land use. Water is currently served by Chisholm Trail S.U.D. Section I was accepted for annexation, zoning, and a Preliminary Plat in 2010 and Section II was approved in 2012 for the same entitlements. This item is one of two required public hearings and requires no action from Council. In order to complete the annexation, the following process will be followed: June-August Annexation Cycle · July 9, 2013: Resolution accepting petition · July 9, 2013: 1st Public Hearing held at City Council Meeting. · July 23, 2013: 2nd Public Hearing at City Council Meeting. · August 13, 2013: 1st Reading of Ordinance at City Council Meeting, · August 27, 2013: 2nd Reading of Ordinance. (Second Reading can be held up to 90 days from 1st reading, the last scheduled Council Meeting in the 90 days is October 22, 2013.) FINANCIAL IMPACT: City services, including police and fire protection, emergency medical services, solid waste collection and disposal, maintenance of wastewater facilities, maintenance of road, streets and drainage, street lighting, and maintenance of City park and recreation facilities must be provided to the annexed area within sixty (60) days after the effective date of the annexation, if applicable. Extension of capital improvements such as wastewater systems will be subject to the City’s utility extension and improvement policy and/or the development agreement with the City. SUBMITTED BY: Jordan Maddox ATTACHMENTS: Exhibit A - Location Map Survey Service Plan Resolution setting hearing dates Cover Memo Item # N Resolution No. __________________ Page 1 of 1 Madison at Georgetown, Section III Annexation 81.58 ac Date Approved: 7.9.13 RESOLUTION NO. ______________ A Resolution of the City Council of the City of Georgetown, Texas, granting a Petition for the Voluntary Annexation of 81.58 acres in the Walters Survey, for the Madison at Georgetown Section III; and directing publication of notice and public hearings for proposed annexation Whereas, the owners of the hereinafter described area of land have requested the governing body of the City of Georgetown, pursuant to Local Government Code Section 43.028, by written petition, properly acknowledged, to annex said area of land into the City of Georgetown, to-wit: 81.58 acres in the Walters Survey, Williamson County, Texas, more particularly shown on the map attached hereto as Exhibit “A” and described by metes and bounds in Exhibit “B,” both of which are attached hereto and incorporated herein by reference as if set forth in full; and Whereas, the said area of land is contiguous to the existing city limits of the City of Georgetown, and is vacant and without residents or has fewer than three qualified voters residing on it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: That the said Petition, being proper and according to law, shall be, and is hereby, granted; and, further, the City Secretary is directed to commence the publication of notices of two public hearings to be held July 9, 2013, and July 23, 2013, before the City Council on the subject of the proposed annexation of the said area into the city limits; and further, to place upon the City Council Agendas for August 13, 2013, and any meeting before August 27,2013, the consideration of the passage of an ordinance annexing said area into the city limits. PASSED AND APPROVED this the 9th day of July, 2013. ATTEST: ____ __ __ Jessica Brettle, City Secretary George G. Garver, Mayor Approved as to Form: __ Bridget Chapman, Acting City Attorney Attachment number 1 \nPage 1 of 1 Item # N C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N SUNCITY B L V D SUMMIT S T ORION R D ARMSTR O NG DR WHISPERIN G WINDDR TRAVISDR HONEY CREEKTRL STARDU S T L N T I P P SCT YUKONTER DOVE HOLLOW TRL O A K B R A N C H D R Y O S E M I T E RD COURT Y A R D GARDE N L N C AT E R PIL L E R L N R I V E R R O C K DR R O B L E R O J A D R POR T S M OUTH DR B O W I E C I R ED W A R D S D R COB A L T C V VE N U SLN P R A I R I EGRASSLN W HIRLWINDCV A R R O Y O D RLINDEROPASS R I O A Z U L D R R O N ALD W REAGANBLVD B U E N A V I S T A D R S I L V E R A D O D R T E X A S D R DE E R M E A D O W CIR F A R M HI L L D R SU M M E R RD BO N H A M L O OP ESS E X L N M O NARCH T R L D A W S O N TRL B REEZE WAY L N W I N T E R D R E S C O N D I D O D R B ELFA L L S D R F O X HOMELN C R O C K E T T LOO P AN X-2013-005 0 1,500 3,000 Fee t Coo r dina te Sys tem: Texa s State P lan e/C entral Zone/N AD 8 3/US FeetCartographic D ata Fo r Gen eral Pl anni ng Pur poses O nly ¯ Leg end SiteParcelsCity LimitsGeorgetown ETJ ANX-2013-00 5 Attachment number 2 \nPage 1 of 1 Item # N Annexation Service Plan Madison at Georgetown Section III Page 1 of 13 Exhibit C CITY OF GEORGETOWN ANNEXATION SERVICE PLAN AREA: MADISON AT GEORGETOWN SECTION III COUNCIL DISTRICT NO. 4 DATE: JULY 9, 2013 I. INTRODUCTION This Service Plan (the Plan) is made by the City of Georgetown, Texas (City) pursuant to Sections 43.056(b)-(o); 43.062, and 43.052(h)(1) of the Texas Local Government Code (LGC). This Plan relates to the annexation into the City of the land shown on Exhibit “A” and Exhibit “B” to this Service Plan, which has sometimes been referred to as “Madison at Georgetown Section III.” The provisions of this Plan were made available for public inspection and explained to the public at the two public hearings held by the City on July 9, 2013, and July 23, 2013, in accordance with Section 43.056(j) of the LGC. NOTE: This annexation was initiated by the petition or request of the owners of land in the annexed area. As stated in Section 43.056(e) of the Texas Local Government Code, the requirement that construction of capital improvements must be substantially completed within the period provided in this service plan does not apply to a development project or proposed development project within an area annexed at the request or on the petition of the landowner. The development of this property would require a rezoning and Utility Agreement at the time of development. The rezoning and Utility Agreement shall control the schedule of the provision of municipal services for the areas. To the extent that there is a conflict between this Service Plan and Utility Agreement, the Utility Agreement shall control. Water is currently provided by Chisholm Trail and the City of Georgetown has no obligation to provide water services to the property as of the date of this service plan and shall have no obligation to fulfill provisions of this plan pertaining to such services. II. TERM OF SERVICE PLAN Pursuant to Section 43.056(l) of the LGC, this Plan shall be in effect for a ten-year period commencing on the effective date of the ordinance approving the annexation. Renewal of the Plan shall be at the discretion of the City Council and must be accomplished by Ordinance. III. INTENT It is the intent of the City that municipal services under this Plan shall provide municipal services in accordance with the timetables required by the LGC. The City reserves the rights guaranteed to it by the LGC to amend this Plan if the City Council determines that changed conditions, subsequent occurrences, or any other legally sufficient circumstances exist under the LGC or other Texas laws that make this Plan unworkable, obsolete, or unlawful. Attachment number 4 \nPage 1 of 13 Item # N Annexation Service Plan Madison at Georgetown Section III Page 2 of 13 IV. CATEGORIZATION OF MUNICIPAL SERVICES The municipal services described herein are categorized by those services which are (1) available to the annexed area immediately upon annexation; (2) those services which will be available to the annexed area within 2½ years from the effective date of the annexation; and (3) those services for which capital improvements are needed and which will be available within 4½ years from the effective date of the annexation based upon a schedule for construction of such improvements as set forth herein. For the purposes of this Plan, “provision of services” includes having services provided by any method or means by which the City provides municipal services to any other areas of the City, and may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services by contract, in whole or in part, and may include duties on the part of a private landowner with regard to such services. In addition, in accordance with Section 43.056(g) of the LGC, if before annexation the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the same being provided by the City to other areas within the City limits, this Plan shall be construed to allow for the provision to the annexed area of a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected in the annexed area. V. SERVICES TO BE PROVIDED UPON ANNEXATION 1. Police Protection –Upon annexation, the Georgetown Police Department will extend regular and routine patrols to the area. 2. Fire Protection and Emergency Medical Services– Upon annexation, in the areas where the City has jurisdiction over fire protection and emergency medical services or a contract under which the City provides such services, the City of Georgetown Fire Department will provide response services in the annexed area consisting of: fire suppression and rescue; emergency response to 9-1-1 calls; fire prevention education efforts, and other duties and services provided by the Georgetown Fire Department to areas within the City limits. 3. Solid Waste Collection – Upon annexation, for occupied structures, the City will provide solid waste collection services to the annexed area in accordance with City ordinances and policies in effect on the date of the annexation. However, per the terms of Sections 43.056(n) and (o) of the LGC, if a property owner chooses to continue to use the services of a privately owned solid waste management provider, the City is prevented from providing solid waste services for 2 years. 4. Operation and Maintenance of Water and Wastewater Facilities in the Annexed Area that Are Not Within the Area of Another Water or Wastewater Utility – City- Attachment number 4 \nPage 2 of 13 Item # N Annexation Service Plan Madison at Georgetown Section III Page 3 of 13 owned water and wastewater facilities that exist in the annexed area will be maintained upon annexation and such maintenance shall be governed by the City’s ordinances, standards, policies and procedures. Per the provisions of Section 13.01. 020 of the Unified Development Code (“UDC”), for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any public utilities or services in any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. The property currently is in the Chisholm Trail Service Area, not the City of Georgetown. 5. Operation and Maintenance of Streets, Roads, and Street Lighting – The City will provide preventative maintenance of the existing public streets and roads in the annexed area over which it has jurisdiction through maintenance and preventative maintenance services such as emergency pavement repair; ice and snow monitoring; crack seal, sealcoat, slurry seal, and PM overlay; and other routine repair. The City shall not maintain private roads in the annexed area. Preventative maintenance projects are prioritized on a City-wide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional classification, and available funding. As new streets are dedicated and accepted for maintenance they will be included in the City’s preventative maintenance program. Per the provisions of Section 13.01.020 of the UDC, for unplatted tracts in the annexed area, the City shall not repair, maintain, install or provide any streets or street lighting to any subdivision for which a Final Plat has not been approved and filed for record, nor in which the standards contained in the UDC or referred to therein have not been complied with in full. With regard to street lighting, it is the policy of the City of Georgetown that adequate street lighting for the protection of the public and property be installed in all new subdivisions. Installation procedures and acceptable standards for street lights shall be governed by the utility standards of the City in effect at the time of subdivision construction or addition thereto. 6. Operation and Maintenance of Public Parks, Playgrounds, and Swimming Pools - Upon annexation, publicly owned parks, playgrounds, and swimming pools in the annexed area (if any) will be operated and maintained by the City in accordance with the Section 12.20 of the City Code of Ordinances, and other applicable ordinances, policies, and procedures in effect at the time of annexation for other areas in the City limits. Privately owned parks, playgrounds, and pools will be unaffected by the annexation and shall not be maintained by the City. 7. Operation and Maintenance of Publicly Owned Buildings, Facilities, and Services – Should the City acquire any buildings, facilities or services necessary for municipal services in the annexed area, an appropriate City department will operate and maintain them. 8. Library – Upon annexation, library privileges will be available to anyone residing in the annexed area. Attachment number 4 \nPage 3 of 13 Item # N Annexation Service Plan Madison at Georgetown Section III Page 4 of 13 9. Planning and Development; Building Permits and Inspections - Upon annexation, the City’s Unified Development Code and Title 15 of the City Code of Ordinances will apply in the area. These services include: site plan review, zoning approvals, Building Code and other standard Code inspection services and City Code enforcement; sign regulations and permits; and Stormwater Permit services. For a full description of these services, see the City’s Unified Development Code and Title 15 of the City Code of Ordinances. 10. Animal Control Services – The provisions of Chapter 7 of the City Code of Ordinances relating to animal control services shall apply in the annexed area. 11. Business Licenses and Regulations – The provisions of Chapter 6 of the City Code of Ordinances relating to business licenses and regulations (Carnivals Circuses and Other Exhibitions; Electrician’s Licenses; Gross Receipts Charge or Street Rental; Peddlers and Solicitors; Taxicabs, Buses and Other Vehicles for Hire; Horse Drawn Carriages and other Non-Motorized Vehicles for Hire; Sexually Oriented Businesses; and Alcoholic Beverages) shall apply in the annexed area. 12. Health and Safety Regulations – The provisions of Chapter 8 of the City Code of Ordinance relating to health and safety regulations (Fire Prevention Code; Fireworks; Food Sanitation; Noise Control; Nuisances; Junked Motor Vehicles; and Smoking in Public Places) shall apply in the annexed area. 13. Regulations Pertaining to Peace, Morals and Welfare -- The provisions of Chapter 9 of the City Code of Ordinance relating to peace, morals and welfare (Housing Discrimination; Weapons; and Enforcement of Other Miscellaneous Violations) shall apply in the annexed area. VI. SERVICES TO BE PROVIDED WITHIN 4½ YEARS OF ANNEXATION; CAPITAL IMPROVEMENTS PROGRAM 1. In General – The City will initiate the construction of capital improvements necessary for providing municipal services for the annexation area as necessary for services that are provided directly by the City. 2. Water and Wastewater Services– Water and wastewater services are only provided to occupied lots that have been legally subdivided and platted or are otherwise a legal lot, and that are located within the boundaries of the City’s authorized service areas. Further, existing residences in the annexed area that were served by a functioning onsite sewer system (septic system) shall continue to use such private system for wastewater services in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Existing non-residential establishments in the annexed area may continue to use an onsite sewer system (septic system) for sewage disposal in conformance with the provisions of Section 13.20 of the City Code of Ordinances. Upon the Development Attachment number 4 \nPage 4 of 13 Item # N Annexation Service Plan Madison at Georgetown Section III Page 5 of 13 of any property in the annexed area, the provisions of Chapter 13 of the UDC shall apply. The City shall have no obligation to extend water or wastewater service to any part of the annexed area that is within the service area of another water or wastewater utility. For annexed areas located within the City’s authorized service areas, the City shall, subject to the terms and conditions of this Plan, extend water and wastewater service in accordance with the service extension ordinances, policies, and standards that are summarized in Section X of this Plan, which may require that the property owner or developer of a newly developed tract install water and wastewater lines. The extension of water and wastewater services will be provided in accordance with any applicable construction and design standards manuals adopted by the City. 3. Water and Wastewater Capital Improvements Schedule – Because of the time required to design and construct the necessary water and wastewater facilities to serve the annexed area, certain services cannot be reasonably provided within 2½ years of the effective date of annexation. Therefore, in accordance with Sections 43.065(b) and (e) of the LGC, the City shall implement a program, which will be initiated after the effective date of the annexation and include the acquisition or construction of capital improvements necessary for providing water and wastewater services to the area. The following schedule for improvements is proposed: construction will commence within 2 ½ years from the effective date of annexation and will be substantially complete within 4 ½ years from the effective date of annexation. However, the provisions of Section VII of this Plan shall apply to the schedule for completion of all capital improvements. In addition, the acquisition or construction of the improvements shall be accomplished by purchase, lease, or other contract or by the City succeeding to the powers, duties, assets, and obligations of a conservation and reclamation district as authorized or required by law. 4. Roads and Streets – No road or street related capital improvements are necessary at this time. Future extension of roads or streets and installation of traffic control devices will be governed by the City’s Comprehensive Plan, the City’s Overall Transportation Plan, the City’s Capital Improvements Plan; the City’s regular or non-impact fee Capital Improvements Program, and any applicable City ordinances, policies, and procedures, which may require that the property owner or developer install roads and streets at the property owner’s or developer’s expense. It is anticipated that the developer of new subdivisions in the area will install street lighting in accordance with the City’s standard policies and procedures. Provision of street lighting will be in accordance with the City’s street lighting policies. 5. Capital Improvements for Other Municipal Services – No capital improvements are necessary at this time to provide municipal Police; Fire Protection; Emergency Medical Services; Solid Waste Collection; Public Parks, Playgrounds, or Swimming Pools; Public Buildings or Facilities; or Library Services. The annexed area will be included in the City’s future planning for new or expanded capital improvements and evaluated on the same basis and in accordance with the same standards as similarly situated areas of the City. Attachment number 4 \nPage 5 of 13 Item # N Annexation Service Plan Madison at Georgetown Section III Page 6 of 13 VII. FORCE MAJEURE AND SCHEDULE EXTENSIONS 1. Certain events, described as Force Majeure Events in this Plan, are those over which the City has no control. Force Majeure Events shall include, but not be limited to, acts of God; terrorism or acts of a public enemy; war; blockages; riots; strikes; epidemics; forces of nature including landslides, lightening, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes; arrest and restraint of government; explosions; collisions, and all other inabilities of the City, whether similar to those enumerated or otherwise, which are not within the control of the City. Any deadlines or other provisions of this Plan that are affected by a Force Majeure Event shall be automatically extended to account for delays caused by such Force Majeure Event. 2. In accordance with Section 43.056(e) of the LGC, this Plan and the schedules for capital improvements necessary to provide full municipal services to the annexed area may be amended by the City to extend the period for construction if the construction is proceeding with all deliberate speed. The construction of the improvements shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. However, the City does not violate this Plan if the construction process is interrupted for any reason by circumstances beyond the direct control of the City. VIII. AMENDMENTS Pursuant to the provisions of Section 43.056(k) of the LGC, on approval by the City Council, the Plan is a contractual obligation that is not subject to amendment or repeal except as provided by state law. Section 43.056(k) of the LGC provides that if the City Council determines, after public hearings, that changed conditions or subsequent occurrences make the Plan unworkable or obsolete, the City Council may amend the Plan to conform to the changed conditions or subsequent occurrences. An amended Plan must provide for services that are comparable to or better than those established in the Plan before amendment. Before any Plan amendments are adopted, the City Council must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.0561 of the LGC. IX. FEES The City may impose a fee for any municipal service in the area annexed if the same type of fee is imposed within the corporate boundaries of the City. All City fees are subject to revision from time to time by the City in its sole discretion. X. SUMMARY OF CURRENT WATER AND WASTEWATER SERVICE EXTENSION POLICIES Per the requirements of Section 43.056(e) of the LGC, the following summary is provided regarding the City’s current service extension policies for water and wastewater service. Attachment number 4 \nPage 6 of 13 Item # N Annexation Service Plan Madison at Georgetown Section III Page 7 of 13 However, this is a summary of the current policies, and the policies and regulations related to water and wastewater utility extensions that are included in the City Code of Ordinances, the Unified Development Code, the City’s Construction and Specifications Manual; Drainage Manual, and other published policies and technical manuals, as the same may be amended from time to time, shall control the extension of water and wastewater services to the annexed area. In addition, these policies and ordinances are set by City Council and can be amended in the future: 1. In General -- The provisions of Chapter 13 of the City’s Unified Development Code (“UDC”) shall apply in the annexed area and Chapter 13 of the City Code of Ordinances. Portions of the current Chapter 13 of the UDC and the current Chapter 13 of the Code of Ordinances are summarized below. Note that these provisions are established by ordinance of the City Council and are subject to change from time to time. A. The City shall not repair, maintain, install or provide any water services, wastewater service, gas, electricity or any other public utilities or services to any property that has not been legally subdivided or is a non-legal lot. B. For property that is required by the City’s UDC or other City regulations to construct water or wastewater facilities, funding and construction of those facilities are the responsibility of the property owner or developer (the “subdivider”). C. Subdividers shall be responsible for providing an approved public water supply system for fire protection and domestic/ commercial/ industrial usage consistent with the Comprehensive Plan. Where an approved public water supply or distribution main is within reasonable distance of the subdivision, but in no case less than one-quarter mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing water supply. The subdivider shall, consistent with all existing ordinances, make a pro-rata contribution to funding of needed storage facilities, treatment facilities, and specific distribution lines as determined necessary by the City. D. Subdividers shall be responsible for providing an approved public sanitary sewer system, consistent with the Comprehensive Plan, throughout the entire subdivision such that all lots, parcels, or tracts of land will be capable of connecting to the sanitary sewer system except as otherwise provided herein. Where an approved public sanitary sewer collection main or outfall line is in no case less than one-half mile away, and connection to the system is both possible and permissible (including adequate system capacity), the subdivider shall be required to bear the cost of connecting the subdivision to such existing sanitary sewer system. Where an approved public wastewater collection main or outfall line is more than one-half mile away from the property boundary, and where extension of a sanitary sewer collection main or outfall line is scheduled in the City’s Capital Improvements Plan to be completed to a point within one-half mile of the property boundary within five Attachment number 4 \nPage 7 of 13 Item # N Annexation Service Plan Madison at Georgetown Section III Page 8 of 13 (5) years from the date of the Preliminary Plat approval, the subdivider shall be required to install a public wastewater collection system. The design and construction of a public sanitary sewer system shall comply with regulations covering extension of public sanitary sewer systems adopted by the Texas Commission on Environmental Quality. E. All infrastructure and public improvements must be designed and installed in accordance with all of the elements of the Comprehensive Plan and shall meet the minimum requirements established by the UDC, the City's Construction Standards and Specifications for Roads, Streets, Structures and Utilities, and any other adopted City design or technical criteria. No main water line extension shall be less than eight inches. All new public sanitary sewer systems shall be designed and constructed to conform with the City’s Construction Standards and Specifications and to operate on a gravity flow basis by taking advantage of natural topographic conditions and thereby reducing the need for lift stations and force mains. 2. If the specific undeveloped property does not have City water or wastewater facilities and capacity fronting the property – the owner may make an application for an extension of service to the property. If the Assistant City Manager for Utilities determines in writing that adequate water or wastewater capacity is available, or will be available, and if the project does not include City cost participation or reimbursement, if the proposed facilities are depicted on the City’s Water and Wastewater Master Plans, and the requested service otherwise meets the City’s requirements, the extension size, capacity, and routing may be approved by the Assistant City Manager for Utilities for construction by the developer at the developer’s cost and expense. 3. If the specific undeveloped property does have adequate City water or wastewater facilities and capacity fronting the property – the owner may receive water or wastewater service from the City by applying for a tap permit and paying the required fees. 4. If any property in the annexed area is using a septic system – the property owner remains responsible for the operation and maintenance of the septic system. If the property is in a Rural Residential Subdivision as defined in Chapter 13 of the UDC, or is a legal lot greater than one acre in size and used for single family residential purposes, the property shall continue the use of a septic system after annexation until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City’s desire for the property to be connected to the public sanitary sewer line. If the septic system fails before the City’s centralized wastewater service is extended to within 200 feet of the property and the City determines that the provision of centralized wastewater service is not feasible or practical at that time, then the property owner must either repair or replace the septic system in accordance with the provisions of Section 13.20 of the City Code of Ordinances. Properties using a septic system that are not in a Rural Attachment number 4 \nPage 8 of 13 Item # N Annexation Service Plan Madison at Georgetown Section III Page 9 of 13 Residential Subdivision , or are not legal lots greater than one acre in size and used for single family residential purposes at the time of annexation, but that are designated as either residential, open space or agricultural on the City’s Future Land Use Plan shall continue the use of a septic system until such time that the use of the property changes, the property is further subdivided or developed, or a public sanitary sewer line has been extended to within 200 feet of the property boundary and the property owner has received notification from the City of the City’s desire for the property to be connected to the public sanitary sewer line. 5. Reimbursement and cost participation by the City – Pursuant to Section 13.09.030 of the UDC, the City, in its sole discretion and with City Council approval, may participate with a property owner or developer in the cost of oversized facilities or line extensions. The actual calculation of the cost participation and reimbursement amounts, including limits and schedules for the payments, are set forth in the UDC. 6. City Code of Ordinances: (The following provisions are set by the City Council and can be amended in the future by ordinance.) Chapter 13.10 of the City Code of Ordinances currently provides as follows: Section 13.10.010 Policy established. This policy shall apply to improvements to the City's utility systems, including system upgrades, system expansion, and plant capacity additions. In this Section, the term “utility system” shall mean the City’s water system, wastewater system, reuse irrigation system, and stormwater drainage system. Section 13.10.020 System Planning. The City shall maintain and periodically update system plans for each utility so that system improvements are implemented to maintain adequate capacity for growth while maintaining proper service levels to existing customers. Section 13.10.030 Project Timing. A. Projects designed to expand or upgrade a utility system must be completed and ready for operations such that capacity requirements by state regulatory agencies and City system plans are met. B. When possible, the City should coordinate the construction of system improvements in a particular location with the expansion or maintenance of other utility infrastructure to minimize the future impact on each utility. Attachment number 4 \nPage 9 of 13 Item # N Annexation Service Plan Madison at Georgetown Section III Page 10 of 13 C. Projects should begin the design phase when existing demand at a specific location exceeds 75% of current capacity and future demand is expected to exceed the current total capacity. D. Projects should begin the construction phase when existing demand at a specific location exceeds 90% of current capacity and future demand is expected to exceed the current total capacity. E. Projects required to facilitate the development of a specific tract shall be done in accordance with the Unified Development Code. F. Projects required as a result of an annexation service plan shall be provided as stated in the approved Service Plan for such annexed tracts. Section 13.10.040 Project Financing. A. Projects required to facilitate the subdivision of a specific tract shall be paid by the subdivider in accordance with the Unified Development Code, unless otherwise authorized in writing and approved by the City Council in accordance with the terms of Section 13.09 of the Unified Development Code or other applicable law. B. When utility expansion is requested within a portion of the City’s utility service area, but the City is not otherwise required to provide service or planning to provide service as reflected in the City’s Capital Improvements Plan, the City may nonetheless, at the City’s sole option, facilitate the design and construction of the required utility extensions or upgrades by managing the project with the cost of such extensions to be shared and fully paid by the requesting landowners or subdividers prior to commencement of the project. C. When utility expansion is requested within a portion of the City’s utility service area, the City shall evaluate degree to which the project 1) facilitates contiguous growth, 2) maximizes the provision of service to the service area, 3) enhances economic development, 4) improves system operations, 5) contributes to conservation or other environmental concern, and 6) facilitates the completion of the utility master plan. D. At the City’s sole option, the City may also facilitate the installation of utility expansion requests through 1) financial cost contribution, 2) financing of the improvement using individual contracts between the City and each landowner for a proportionate share of the project cost to be paid out over a specified period of time at a specified rate of interest, 3) Impact Fee or connection fee reduction or waiver. Chapter 13.20 of the City Code of Ordinances currently provides as follows: Sec. 13.20.010. General. A. It is unlawful for any owner or lessee, tenant or other person in possession of any premises where any person lives or works, or occupies the same, to establish, maintain or use any water closet, bathtub, lavatory or sink except by one of the Attachment number 4 \nPage 10 of 13 Item # N Annexation Service Plan Madison at Georgetown Section III Page 11 of 13 following means and consistent with the other terms, conditions and requirements of this Chapter and with the City’s Unified Development Code: 1. Connection to an approved Onsite Sewage Facility that is constructed and maintained in accordance with the rules and regulations of all appropriate state and local agencies having jurisdiction over such facilities; or 2. Connection to a public centralized wastewater collection main with all wastewater discharged to a centralized public wastewater collection system. B. Upon the “Development” of property, the provisions of Chapter 13 of the Unified Development Code (pertaining to Infrastructure and Public Improvements) shall govern the provision of wastewater service to the property. For the purposes of this section, the term “Development” shall have the same meaning as in Section 16.05 of the City’s Unified Development Code. C. It is the duty of each such person referenced in subsection (A), above, to connect such fixtures to an approved wastewater system, and to maintain the same. Sec. 13.20.020. On Site Sewage Facilities. A. General. All On Site Sewage Facilities must be constructed and maintained in accordance with the rules and regulations of the appropriate state and local agencies having jurisdiction over such facilities. B. Availability of a Public Centralized Wastewater Collection Main. If a public centralized wastewater collection main is located within 200 feet of a property line, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then property owner shall connect that property to said utility line at the earliest to occur of either of the following events: failure of the On Site Sewage Facility servicing the property, or the date that is five (5) years after receipt of notice of the availability of a wastewater collection main within 200-feet of the property line. C. Failure of On Site Sewage Facility. When an Onsite Sewage Facility fails, the following provisions shall apply: a. If a public centralized wastewater collection main is located within 200 feet of the property boundary, and the wastewater collection main has adequate capacity to receive and transport the wastewater flow produced by the property, then the property must be connected to said utility line by the property owner; b. If no public centralized wastewater collection main is located within 200 feet of the property boundary, the City shall evaluate the feasibility of providing centralized wastewater collection services to the property via a gravity or low pressure system. Where the provision of gravity sewer service or low pressure system is technically feasible, utility system improvements may be made in accordance with Chapters 13.10; Attachment number 4 \nPage 11 of 13 Item # N Annexation Service Plan Madison at Georgetown Section III Page 12 of 13 c. If the City determines that the provision of wastewater service via a centralized wastewater collection main is not necessary due to existing or future land use, then the On Site Sewage Facility may be repaired or replaced. (Prior code § 12-101) Sec. 13.20.030. Privies prohibited. It is unlawful for any owner or lessee, tenant or other person in possession of any premises in the City to establish or maintain any privy or dry closet. Sec.13.20.040 Low Pressure Sewer Systems A. A “Low Pressure Sewer System” is an individual lift station located at each utility customer or property owner location having a private force main connecting to a public force main or gravity main located in a public utility easement or public right- of-way. B. Each property owner and utility customer shall be responsible for the cost of installation and maintenance of the individual lift station and private force main. Section 13.20.050. Prohibited Discharges into Sewer System No person shall discharge, cause to be discharged, or permit to be discharged, either directly or indirectly into the public sewer system, waste or wastewater from any of the following sources unless allowed by the City Manager, or his/her designee: A. Any wastes or wastewater that does not meet the limitations imposed by Section 13.24 of the Code of Ordinances. B. Any stormwater, groundwater, rainwater, street drainage, subsurface drainage, or yard drainage; C. Any unpolluted water, including , but not limited to, cooling water, process water or blow-down water from cooling towers or evaporative coolers; D. Any wastes or wastewater, or any object, material, or other substance directly into a manhole or other opening into the sewer facilities other than wastes or wastewater through an approved service connection. E. Any holding tank waste, provided, that such waste may be placed into facilities designed to receive such wastes and approved by the City Manager, or his/her designee. Section 13.20.060 Sewer System Maintenance A. For properties with gravity wastewater service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of Attachment number 4 \nPage 12 of 13 Item # N Annexation Service Plan Madison at Georgetown Section III Page 13 of 13 the sewer system in the building and the service lateral between the building and the point of connection into the public sewer main. B. For properties with low pressure service, the property owner and utility customer shall be responsible for the proper operation, maintenance, and repairs of the sewer system in the building and the service lateral, lift station (grinder pump) and force main between the building and the point of connection into the public sewer main. C. When, as a part of sewer system testing, the City identifies a flaw in a private service lateral or force main where a repair is necessary to prevent infiltration or inflow, the property owner and utility customer shall be responsible to cause the repairs to be made within one (1) year of the date of notification by the City. D. If repairs are not complete within one year of notification by the City, City may engage the services of a contractor to make the necessary repairs with the costs for such repairs to be paid by the City and subsequently charged to property owner and utility customer. Attachment number 4 \nPage 13 of 13 Item # N City of Georgetown, Texas July 9, 2013 SUBJECT: Consideration and possible action to approve the implementation of the City’s proposed Self-insurance Plan -- Micki Rundell, Chief Financial Officer ITEM SUMMARY: This is the action item related to the earlier workshop. FINANCIAL IMPACT: SUBMITTED BY: Cover Memo Item # O City of Georgetown, Texas July 9, 2013 SUBJECT: Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible action to authorize the purchase of the Parcels 101 (Rhodes) and 1AAQ Parts 2A, 2B, 3A and 3B (NNP-Teravista, LLC) in the amount of $1,493,000.00, plus closing costs, in connection with the TxDOT FM 1460 Improvement Project (South Segment – 0.6 mi N of Westinghouse Rd. to 0.05 mi S of University Blvd., Round Rock -- Edward G. Polasek, AICP, Transportation Services Director and Terri Glasby Calhoun, Real Estate Services Coordinator ITEM SUMMARY: GTEC RECOMMENDATION: This item was unanimously recommended by the GTEC Board for Council approval at the June 19, 2013 GTEC Board meeting. STAFF RECOMMENDATION: Recommend approval. Pursuant to that one certain AGREEMENT FOR RIGHT OF WAY PROCUREMENT concerning the FM 1460 Improvement Project (South Segment) between the City of Georgetown and the Texas Department of Transportation (“TxDOT”), the City is in the process of negotiating the acquisition of the nine (9) parcels of right-of-way necessary to construct the TxDOT FM 1460 (North of Westinghouse Road to North of University Blvd., Round Rock) Improvement Project. Appraisals have been performed by Chris P. Griesbach, MAI, of Lone Star Appraisals and Realty, Inc., and reviewed by Larry D. Kokel, MAI, of Kokel-Oberrender-Wood Appraisal, Ltd., to determine the fair market value of each parcel and offers are being made based thereon. The owners of the subject parcels have accepted the above-stated appraised values as the total fair market value compensation for the respective parcels. Staff is seeking the Board’s authorization to proceed with closing of the purchase of the subject properties for the above- stated amounts totaling $1,493,000.00, plus closing costs. FINANCIAL IMPACT: To be funded from Project 5RB budget, General Ledger Account No. 400-9-0980-90-014, pursuant to that one certain “90/10” Agreement for Right of Way Procurement between the City and the Texas Department of Transportation approved by Council on November 27, 2012. SUBMITTED BY: Terri Calhoun ATTACHMENTS: Excerpts from appraisal reports (Summary of Salient Facts and Conclusions) w/ surveys (Part 1) Excerpts from appraisal reports (Summary of Salient Facts and Conclusions) w/ surveys (Part 2) Cover Memo Item # P Excerpts from appraisal reports (Summary of Salient Facts and Conclusions) w/ surveys (Part 3) Excerpts from appraisal reports (Summary of Salient Facts and Conclusions) w/ surveys (Part 4) Excerpts from appraisal reports (Summary of Salient Facts and Conclusions) w/ surveys (Part 5) Cover Memo Item # P At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 8 It e m # P At t a c h m e n t n u m b e r 1 \ n P a g e 2 o f 8 It e m # P At t a c h m e n t n u m b e r 1 \ n P a g e 3 o f 8 It e m # P At t a c h m e n t n u m b e r 1 \ n P a g e 4 o f 8 It e m # P At t a c h m e n t n u m b e r 1 \ n P a g e 5 o f 8 It e m # P At t a c h m e n t n u m b e r 1 \ n P a g e 6 o f 8 It e m # P At t a c h m e n t n u m b e r 1 \ n P a g e 7 o f 8 It e m # P At t a c h m e n t n u m b e r 1 \ n P a g e 8 o f 8 It e m # P At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 1 1 It e m # P At t a c h m e n t n u m b e r 2 \ n P a g e 2 o f 1 1 It e m # P At t a c h m e n t n u m b e r 2 \ n P a g e 3 o f 1 1 It e m # P At t a c h m e n t n u m b e r 2 \ n P a g e 4 o f 1 1 It e m # P At t a c h m e n t n u m b e r 2 \ n P a g e 5 o f 1 1 It e m # P At t a c h m e n t n u m b e r 2 \ n P a g e 6 o f 1 1 It e m # P At t a c h m e n t n u m b e r 2 \ n P a g e 7 o f 1 1 It e m # P At t a c h m e n t n u m b e r 2 \ n P a g e 8 o f 1 1 It e m # P At t a c h m e n t n u m b e r 2 \ n P a g e 9 o f 1 1 It e m # P At t a c h m e n t n u m b e r 2 \ n P a g e 1 0 o f 1 1 It e m # P At t a c h m e n t n u m b e r 2 \ n P a g e 1 1 o f 1 1 It e m # P At t a c h m e n t n u m b e r 3 \ n P a g e 1 o f 9 It e m # P At t a c h m e n t n u m b e r 3 \ n P a g e 2 o f 9 It e m # P At t a c h m e n t n u m b e r 3 \ n P a g e 3 o f 9 It e m # P At t a c h m e n t n u m b e r 3 \ n P a g e 4 o f 9 It e m # P At t a c h m e n t n u m b e r 3 \ n P a g e 5 o f 9 It e m # P At t a c h m e n t n u m b e r 3 \ n P a g e 6 o f 9 It e m # P At t a c h m e n t n u m b e r 3 \ n P a g e 7 o f 9 It e m # P At t a c h m e n t n u m b e r 3 \ n P a g e 8 o f 9 It e m # P At t a c h m e n t n u m b e r 3 \ n P a g e 9 o f 9 It e m # P At t a c h m e n t n u m b e r 4 \ n P a g e 1 o f 9 It e m # P At t a c h m e n t n u m b e r 4 \ n P a g e 2 o f 9 It e m # P At t a c h m e n t n u m b e r 4 \ n P a g e 3 o f 9 It e m # P At t a c h m e n t n u m b e r 4 \ n P a g e 4 o f 9 It e m # P At t a c h m e n t n u m b e r 4 \ n P a g e 5 o f 9 It e m # P At t a c h m e n t n u m b e r 4 \ n P a g e 6 o f 9 It e m # P At t a c h m e n t n u m b e r 4 \ n P a g e 7 o f 9 It e m # P At t a c h m e n t n u m b e r 4 \ n P a g e 8 o f 9 It e m # P At t a c h m e n t n u m b e r 4 \ n P a g e 9 o f 9 It e m # P At t a c h m e n t n u m b e r 5 \ n P a g e 1 o f 9 It e m # P At t a c h m e n t n u m b e r 5 \ n P a g e 2 o f 9 It e m # P At t a c h m e n t n u m b e r 5 \ n P a g e 3 o f 9 It e m # P At t a c h m e n t n u m b e r 5 \ n P a g e 4 o f 9 It e m # P At t a c h m e n t n u m b e r 5 \ n P a g e 5 o f 9 It e m # P At t a c h m e n t n u m b e r 5 \ n P a g e 6 o f 9 It e m # P At t a c h m e n t n u m b e r 5 \ n P a g e 7 o f 9 It e m # P At t a c h m e n t n u m b e r 5 \ n P a g e 8 o f 9 It e m # P At t a c h m e n t n u m b e r 5 \ n P a g e 9 o f 9 It e m # P City of Georgetown, Texas July 9, 2013 SUBJECT: Second Reading of an Ordinance for the Rezoning of 4.503 acres in the John Powell Survey, to be known as Mac Haik Automotive, from AG, Agriculture to C-3, General Commercial, located in the 7200 block of Kelley Drive -- Carla Benton Planner and Andrew Spurgin, Planning Director (action required) ITEM SUMMARY: Background:The applicant has requested to rezone 4.503 acres in the John Powell Survey, for the expansion of the Mac Haik Ford dealership, from Agriculture (AG) District to General Commercial (C-3) District. The Automobile Sales and Service Use Category is an allowed use in the C-3 District provided a Special Use Permit is also obtained. The proposed facility will provide services for their truck center with office, service bays, photo room, parts sales and storage, car-wash and detail bay. Public Comments:At the Planning and Zoning Commission meeting of June 4, 2013 a Public Hearing was held with no speakers. Planning and Zoning Commission Recommendation:The Public Hearing was opened at the June 4, 2013 Regular Meeting of the Planning and Zoning Commission. The Planning and Zoning Commission recommended approval of the proposed rezoning by a vote of 6-0. Public Hearing and First Reading:First Reading of the Ordinance was held at the City Council meeting on June 25, 2013. A public hearing was held and closed with no speakers. Staff made a presentation and the Council voted 6-0 to approve the request. Special Considerations:None. Recommended Motion:Approval of the request for Rezoning of 4.503 acres in the John Powell Survey, to be known as Mac Haik Ford Truck from AG, Agriculture to C-3, General Commercial. FINANCIAL IMPACT: The applicant has paid all required fees. SUBMITTED BY: Carla Benton ATTACHMENTS: Staff Report Location Map Future Land Use Map Zoning Map Aerial Map P&Z Minutes Ordinance Exhibit A Exhibit B Cover Memo Item # Q Georgetown Planning Department Staff Report Mac Haik Ford Truck Rezoning Page 1 of 4 AG to C-3 Report Date: May 21, 2013 File No: REZ-2013-003 Project Planner: Carla Benton, Planner Item Details Project Name: Mac Haik Ford Truck Location: 7200 Block of Kelley Drive (See Exhibit 1) Total Acreage: 4.503 acres Legal Description: 4.503 acres in the John Powell Survey Applicant: Larry Neal, Larry Neal Architects Property Owner: W.O. Kelley Foundation Contact: Larry Neal, Larry Neal Architects Existing Use: Undeveloped land Existing Zoning: Agriculture (AG) District Proposed Zoning: General Commercial, C-3 with a Special Use Permit by separate application Future Land Use: Employment Center Growth Tier: Tier 1A Overview of Applicant’s Request The applicant has requested to rezone 4.503 acres in the John Powell Survey, for the expansion of the Mac Haik Ford dealership, from Agriculture (AG) District to General Commercial (C-3) District. The Automobile Sales and Service Use Category is an allowed use in the C-3 District provided a Special Use Permit is also obtained. The proposed facility will provide services for their truck center with office, service bays, photo room, parts sales and storage, car-wash and detail bay. Site Information Location: This property is located directly west of the existing Mac Haik dealership, on the east side of Kelley Drive. (See Exhibit 1) Physical Characteristics: The property is relatively flat and treeless adjacent to two large undeveloped areas. One is the Attachment number 1 \nPage 1 of 4 Item # Q Planning Department Staff Report Mac Haik Ford Truck Rezoning Page 2 of 4 AG to C-3 future expansion of Celebration Church and the other is currently a residence. Surrounding Properties: The surrounding properties include automotive uses, a church and residence with large undeveloped areas. (See Exhibit 4) Location Zoning Future Land Use Existing Use North ETJ Employment Center Undeveloped land South ETJ Employment Center Undeveloped land East ETJ Employment Center Celebration Church and one large acreage residence West C-3, General Commercial Employment Center and Community Commercial Multiple automotive dealerships (See Exhibits 2 and 3) Attachment number 1 \nPage 2 of 4 Item # Q Planning Department Staff Report Mac Haik Ford Truck Rezoning Page 3 of 4 AG to C-3 Property History The subject property is currently in the annexation process that will be completed prior to consideration of the proposed rezoning by the City Council. A Special Use Permit is being considered simultaneously with the rezoning, by separate agenda item. A Final Plat is currently processing administratively by separate application. 2030 Plan Conformance The proposed rezoning is in conformance with the 2030 Plan land use designation of Employment Center, which is intended for tracts of undeveloped land located at strategic locations, which are designated for larger scale employment. The overall area incorporates multiple automotive dealerships creating a larger scale employment and business activity center. The 2030 Plan Growth Tier Map designation is Tier 1A; that portion of the city where infrastructure systems are in place, or can be economically provided and where the bulk of the city’s growth should be guided over the near term. Proposed Zoning District The General Commercial District (C-3) is intended to provide a location for general commercial and retail activities that serve the entire community and its visitors. The proposed rezoning is consistent with the area along IH-35 that includes multiple automobile dealerships. Utilities Electric, water, and wastewater are served by the City of Georgetown. It is anticipated that there is adequate capacity to serve this property either by existing capacity or developer participation in upgrades to infrastructure. Transportation The access to this project is provided by Westinghouse Road to Kelley Drive or from IH-35 frontage road by way of Gateway Drive to Kelley Drive. (See Exhibit 1) Future Application(s) The following applications will be required to be submitted: · Special Use Permit to be considered by Planning and Zoning Commission and City Council; · Final Plat to be processed administratively; · Site Plan to be processed administratively; and · Building permits for construction. Attachment number 1 \nPage 3 of 4 Item # Q Planning Department Staff Report Mac Haik Ford Truck Rezoning Page 4 of 4 AG to C-3 Staff Analysis Staff is supportive of the requested rezoning for the following reasons: 1. The Future Land Use designation of Employment Center supports the proposed increase to the development of a central automotive center use. 2. The existing zoning situation of the surrounding area is primarily C-3 with Special Use Permits for the automotive use. 3. The surrounding developed uses, include multiple automotive dealerships, a church campus and a residence, both with large undeveloped land. Inter Departmental, Governmental and Agency Comments None Public Comments A total of 5 notices were sent out to property owners within 200 feet of the proposed rezoning. Public notice was posted in the Sun newspaper on May 19, 2013. As of the writing of this report, no comments have been received. Attachments Exhibit 1 – Location Map Exhibit 2 – Future Land Use Map Exhibit 3 – Zoning Map Exhibit 4 – Aerial Map (2013) Meetings Schedule June 4, 2013 – Planning and Zoning Commission June 25, 2013 – City Council First Reading July 9, 2013 – City Council Second Reading Attachment number 1 \nPage 4 of 4 Item # Q CI TY O FGEORGETOW N C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N G e o r g e t o w n E T J G e o r g e t o w n E T J N I H 3 5 F W Y S I H 3 5 F W Y W E S T I N G H O U S E R D S IH 35 FR S I H 3 5 N B S IH 3 5 F W Y N B EXIT 257 SB K E L L E Y D R EXIT 259 NB S IH 3 5 FW Y S B H E W L E T T L O O P REZ-2 013-003 REZ -20 13-00 3Exhibit #1 Coor dina te System: Texa s State P lan e/C entral Z o ne/N AD 8 3/US F eetCartographic D ata For Gen eral Pl anning Pur po ses O nl y 0 460 920Feet ¯ Leg endSiteParce lsCity LimitsGeorgetown ETJ ³§¨¦35 W e s ti n g h o u s e R d §¨¦35 Site ³City L imits St ree t Sit e Attachment number 2 \nPage 1 of 1 Item # Q CI TY O FGEORGETOW N C IT Y OF GE O R GE T OW N C I T Y O F G E O R G E T O W N G e o r g e t o w n E T J W E S T I N G H O U S E R D S I H 3 5 N B N I H 3 5 F W Y S I H 3 5 F W Y N I H 3 5 F R S IH 3 5 F W Y N B S IH 35 FR H E W L E T T L O O P K E L L E Y D R S IH 35 SB EXIT 257 SB EXIT 259 NB S IH 3 5 F W Y S B REZ-2 013-003 0 400 800 Fe et Coor dina te Sys tem: Texa s State P lan e/C entral Zone/N AD 8 3/US F eetCartographic D ata For Gen eral Pl anni ng Pur po ses O nly ¯ Leg end SiteParcelsCity LimitsGeorgetown ETJ Fu ture L and U se / Ove rall Tran spor ta ti on P lan Exhibit #2REZ-20 13-00 3 Le ge nd Thoroughfa re EC EF EM A EM IA ER F PC PF PF R PM IA Future La nd Use Institutional Regional Comm ercial Community Comm ercial Empl oy ment Center HIgh Density Residential Low Density Residential Mining Mixed Use C omm unity Mixed Use N eighborhood Center Moderate D ensity Resi dential Open Spac e Specialty Mix ed Use Area Ag / R ural Residential PM A PR W e s ti n g h o u s e R d§¨¦35 Site ³ City Limits St reet Sit e Attachment number 3 \nPage 1 of 1 Item # Q CITYOF GEORGETOWN C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N Georgetown ETJ RE Z-2013-003 W E S T I N G H O U S E R D K E L L E Y D R N I H 3 5 F W Y S IH 3 5 F W Y S IH 35 FR H E W L E T T L O O P EXIT 257 SB EXIT 259 NB S I H 3 5 N B S IH 3 5 F W Y N B S IH 3 5 F W Y S B 0 500 1,000 Fe et Coor dina te Sys tem: Texa s State P lan e/C entral Zone/N AD 8 3/US F eetCartographic D ata For Gen eral Pl anni ng Pur po ses O nly ¯ Leg end SiteParcelsCity LimitsGeorgetown ETJREZ-20 13-00 3Zoning Informa ti on Exhibit #3 W e s ti n g h o u s e R d §¨¦35³City Limits Street Sit e Si te Attachment number 4 \nPage 1 of 1 Item # Q REZ-2 01 3-0 03 S I H 3 5 N B S IH 3 5 S B S IH 3 5 F W Y N B N I H 3 5 F W Y S IH 3 5 F W Y S IH 35 FR W E S T I N G H O U S E R D K E L L E Y D R S IH 3 5 F W Y S B H E W L E T T L O O P EXIT 257 SB EXIT 259 NB Leg end SiteParcelsCity LimitsGeorgetown ETJ Coo r dina te Sys tem: Texa s State P lan e/C entral Zone/N AD 8 3/US FeetCartographic D ata Fo r Gen eral Pl anni ng Pur poses O nly ¯ 0 500 1,000 Fee t Exhibit #4REZ-20 13-003 W e s ti n g h o u s e R d §¨¦35 Site ³ City L imits St reet Sit e Attachment number 5 \nPage 1 of 1 Item # Q Planning & Zoning Commission Agenda / June 4, 2013 Page 1 of 2 City of Georgetown, Texas Planning and Zoning Commission Meeting Minutes Tuesday, June 4, 2013 at 6:00 PM Council Chambers 101 E. Seventh Street, Georgetown, Texas 78626 An agenda packet, containing detailed information on the items listed below, is distributed to the Commission and will be available at the Planning & Development Office, located at 300 Industrial Avenue. You may also visit the City of Georgetown web site at www.georgetown.org and review the staff report on the proposed application no later than the Saturday prior to the Planning and Zoning meeting described above. Commissioners: Roland Peña, Chair; Porter Cochran, John Horne, Robert Massad, Scott Rankin, and Bob Brent Commissioners in Training: Kevin Vietti If you need accommodations for a disability, please notify the City in advance. Regular Session - To begin no earlier than 6:00 p.m. 2. Public Hearing and possible action on a Rezoning of 4.503 acres in the John Powell Survey, to be known as Mac Haik Automotive from AG, Agriculture to C-3, General Commercial, located in the 7200 Block of Kelley Drive. REZ-2013-003 (Carla Benton) Staff presented the application and a Public Hearing was opened. No speakers were present and the Public Hearing was closed. Motion by Brent and Second by Cochran. Recommend approval by vote of 6-0. 3. Public Hearing and possible action on a Special Use Permit for 4.503 acres in the John Powell Survey, to be known as Mac Haik Automotive to allow an automotive use in a C-3 Zoning District, located in the 7200 Block of Kelley Drive. SUP-2013-002 (Carla Benton) Staff presented the application and a Public Hearing was opened. No speakers were present and the Public Hearing was closed. Motion by Horne and Second by Massad. Recommend approval by vote of 6-0. 4. Update on the Georgetown Transportation Advisory Board (GTAB) Meetings. (Commissioner Rankin) 5. Questions or comments from Commissioners-in-Training about the actions and matters considered on this agenda. 6. Reminder of the June 18, 2013, Planning and Zoning Commission meeting. 7. Meeting adjourn. Attachment number 6 \nPage 1 of 1 Item # Q Ordinance Template 2012 Ordinance Number: _____________ Description: Mac Haik Ford Truck Rezoning Page 1 of 2 Date Approved: July 9, 2013 Exhibits A & B Attached ORDINANCE NO. _______ An Ordinance of the City Council of the City of Georgetown, Texas, amending part of the Official Zoning Map to rezone 4.503 acres in the John Powell Survey from the Agriculture District (AG) to the General Commercial District (C-3) to be known as Mac Haik Ford Truck; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City for the purpose of amending the Official Zoning Map, adopted on the 12th day of June, 2012, for the specific Zoning District classification of the following described real property ("The Property"): 4.503 acres of the John Powell Survey(s) as recorded in Document Number 2002001129 of the Official Public Records of Williamson County, Texas, hereinafter referred to as "The Property"; and Whereas, the City Council has submitted the proposed amendment to the Official Zoning Map to the Planning and Zoning Commission for its consideration at a public hearing and for its recommendation or report; and Whereas, public notice of such hearing was accomplished in accordance with State Law and the City’s Unified Development Code through newspaper publication, signs posted on the Property, and mailed notice to nearby property owners; and Whereas, the Planning and Zoning Commission, at a meeting on June 4, 2013, held the required public hearing and submitted a recommendation of approval to the City Council for the requested rezoning of the Property; and Whereas, the City Council, at a meeting on June 25, 2013, held an additional public hearing prior to taking action on the requested rezoning of the Property. Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas, that: Section 1. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030 Comprehensive Plan and the City’s Unified Development Code. Section 2. The Official Zoning Map, as well as the Zoning District classification(s) for the Property is hereby amended from the Agriculture District (AG) to the General Commercial Attachment number 7 \nPage 1 of 2 Item # Q Ordinance Template 2012 Ordinance Number: _____________ Description: Mac Haik Ford Truck Rezoning Page 2 of 2 Date Approved: July 9, 2013 Exhibits A & B Attached District (C-3), in accordance with the attached Exhibit A (Location Map) and Exhibit B (Legal Description) and incorporated herein by reference. Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 4. If any provision of this Ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. Section 5. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect on the date of adoption by the City Council. APPROVED on First Reading on the 25th day of June, 2013. APPROVED AND ADOPTED on Second Reading on the 9th day of July, 2013. THE CITY OF GEORGETOWN: ATTEST: ______________________ _________________________ Jessica Brettle George Garver City Secretary Mayor APPROVED AS TO FORM: ______________________ Bridget Chapman Acting City Attorney Attachment number 7 \nPage 2 of 2 Item # Q CI TY O FGEORGETOW N C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N G e o r g e t o w n E T J G e o r g e t o w n E T J N I H 3 5 F W Y S I H 3 5 F W Y W E S T I N G H O U S E R D S IH 35 FR S I H 3 5 N B S IH 3 5 F W Y N B EXIT 257 SB K E L L E Y D R EXIT 259 NB S IH 3 5 FW Y S B H E W L E T T L O O P REZ-2 013-003 REZ -20 13-00 3Exhibit #1 Coor dina te System: Texa s State P lan e/C entral Z o ne/N AD 8 3/US F eetCartographic D ata For Gen eral Pl anning Pur po ses O nl y 0 460 920Feet ¯ Leg endSiteParce lsCity LimitsGeorgetown ETJ ³§¨¦35 W e s ti n g h o u s e R d §¨¦35 Site ³City L imits St ree t Sit e Attachment number 8 \nPage 1 of 1 Item # Q At t a c h m e n t n u m b e r 9 \ n P a g e 1 o f 3 It e m # Q At t a c h m e n t n u m b e r 9 \ n P a g e 2 o f 3 It e m # Q At t a c h m e n t n u m b e r 9 \ n P a g e 3 o f 3 It e m # Q City of Georgetown, Texas July 9, 2013 SUBJECT: Second Reading of an Ordinance for a Special Use Permit for 4.503 acres in the John Powell Survey, to be known as Mac Haik Automotive, to allow an automotive use in a C-3 Zoning District, located in the 7200 block of Kelley Drive -- Carla Benton, Planner and Andrew Spurgin, Planning Director (action required) ITEM SUMMARY: Background:The applicant has requested a Special Use Permit for 4.503 acres in the John Powell Survey for the expansion of the Mac Haik Ford dealership. The proposed facility will provide services for their truck center with office, service bays, photo room, parts sales and storage, car-wash and detail bay. Public Comments:At the Planning and Zoning Commission meeting of June 4, 2013 a Public Hearing was held with no speakers. Planning and Zoning Commission Recommendation:The Public Hearing was opened at the June 4, 2013 Regular Meeting of the Planning and Zoning Commission. The Planning and Zoning Commission recommended approval of the proposed rezoning by a vote of 6-0. Public Hearing and First Reading:First Reading of the Ordinance was held at the City Council meeting on June 25, 2013. A public hearing was held and closed with no speakers. Staff made a presentation and the Council voted 6-0 to approve the request. Special Considerations:None. Recommended Motion:Approval of the request for a Special Use Permit for 4.503 acres in the John Powell Survey, to be known as Mac Haik Ford Truck, subject to the approval of the proposed rezoning from Agriculture (AG) District to General Commercial (C-3) District. FINANCIAL IMPACT: The applicant has paid the required fees. SUBMITTED BY: Carla Benton ATTACHMENTS: Staff Report Location Map Future Land Use Map Zoning Map Aerial Map P&Z Minutes Ordinance Exhibit A Exhibit B Cover Memo Item # R Georgetown Planning Department Staff Report Mac Haik Ford Truck - Special Use Permit Page 1 of 3 Report Date: May 21, 2013 File No: SUP-2013-002 Project Planner: Carla Benton, Planner Item Details Project Name: Mac Haik Ford Truck Location: 7200 Block of Kelley Drive (See Exhibit 1) Total Acreage: 4.503 acres Legal Description: 4.503 acres in the John Powell Survey Applicant: Larry Neal, Larry Neal Architects Property Owner: W.O. Kelley Foundation Contact: Larry Neal, Larry Neal Architects Existing Use: Undeveloped land Existing Zoning: Agriculture (AG) District Proposed Zoning: General Commercial, C-3 with a Special Use Permit Future Land Use: Employment Center Growth Tier: Tier 1A Overview of Applicant’s Request The applicant has requested a Special Use Permit for 4.503 acres in the John Powell Survey for the expansion of the Mac Haik Ford dealership. The proposed facility will provide services for their truck center with office, service bays, photo room, parts sales and storage, car-wash and detail bay. Per Table 5.04.010 of the UDC, an “Automotive Sales and Services” Use Category for Sales, Rental or Leasing, is allowed in the C-3 zoning district, subject to approval of a Special Use Permit by the City Council. Site Information Location: This property is undeveloped land, located directly west of the existing dealership, on the east side of Kelley Drive. (See Exhibit 1) Attachment number 1 \nPage 1 of 3 Item # R Planning Department Staff Report Mac Haik Ford Truck - Special Use Permit Page 2 of 3 Property History The subject property is currently in the annexation process that will be completed prior to consideration of the proposed rezoning by the City Council that is being considered simultaneously with this Special Use Permit request. A Final Plat is currently processing administratively, by separate application. Utilities Electric, water, and wastewater are served by the City of Georgetown. It is anticipated that there is adequate capacity to serve this property either by existing capacity or developer participation in upgrades to infrastructure. Future Application(s) The following applications will be required to be submitted: · Rezoning is being considered by Planning and Zoning Commission and City Council; · Final Plat to be processed administratively; · Site Plan to be processedadministratively; and · Building permits for construction. Staff Analysis Staff Recommendation and Basis: This application is being brought forward for a proposed location of Mac Haik Ford Truck Center. This facility will expand the existing dealership on the west side of Kelley Drive and provide services for automotive dealership offices, service bays, photo room, parts sales and storage, car-wash and detail bay. The requirement for a Special Use Permit is to determine appropriate locations for the automotive industry to ensure compatibility with surrounding uses and entries into the community. The proposed use is consistent with automotive uses in this area providing for the centralization of major automotive sales. Through the above analysis, staff is supportive of the request and recommends approval based on the request fully meeting the applicable criteria (below) listed in Section 3.07.030(C.): C. In addition to the criteria for zoning changes in Section 3.06.020, the City Council may approve an application for a Special Use Permit where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the general public. The City Council may consider the following criteria in its review: 1. The proposed use is not detrimental to the health, welfare, and safety of the Attachment number 1 \nPage 2 of 3 Item # R Planning Department Staff Report Mac Haik Ford Truck - Special Use Permit Page 3 of 3 surrounding neighborhood or its occupants. 3. The proposed use does not negatively impact existing uses in the area and in the City through impacts on public infrastructure such as roads, parking facilities and water and sewer systems, and on public services such as police and fire protection and solid waste collection, and the ability of existing infrastructure and services to adequately provide services. 4. The proposed use does not negatively impact existing uses in the area and in the City through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard, or other injurious or noxious impact. Staff is supportive of the proposed request for a Special Use Permit for all of the reasons stated. Inter Departmental, Governmental and Agency Comments None Public Comments A total of 5 notices were sent out to property owners within 200 feet of the proposed rezoning. Public notice was posted in the Sun newspaper on May 19, 2013. As of the writing of this report, no comments have been received. Special Considerations Approval of the Special Use Permit is subject to the approval of the request for rezoning from Agriculture (AG) District to General Commercial (C-3) District being processed by separate application. Attachments Exhibit 1 – Location Map Exhibit 2 – Future Land Use Map Exhibit 3 – Zoning Map Exhibit 4 – Aerial Map (2013) Meetings Schedule June 4, 2013 – Planning and Zoning Commission June 25, 2013 – City Council First Reading July 9, 2013 – City Council Second Reading Attachment number 1 \nPage 3 of 3 Item # R C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N G e o r g e t o w n E T J G e o r g e t o w n E T J W E S T I N G H O U S E R D S IH 35 FWY SB K E L L E Y D R GAT EWAY D R S IH 3 5 F W Y S B EXIT 259 N B S I H 3 5 F W Y NB SUP-2013-002 SUP -2013-002Exhibit #1 Coor dina te System: Texa s State P lan e/C entral Z o ne/N AD 8 3/US F eetCartographic D ata For Gen eral Pl anning Pur po ses O nl y 0 500 1,000Fee t ¯ Leg endSiteParce lsCity LimitsGeorgetown ETJ ³§¨¦35 U n i v e r s it y B l v d W e s ti n g h o u s e R d §¨¦35 Site ³City L imits St ree t Sit e Attachment number 2 \nPage 1 of 1 Item # R C I T Y O F G E O R G E T O W N CI TY O F GEO RGETOW N CITY OF GEORGETOWN C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N G e o r g e t o w n E T J G e o r g e t o w n E T J W E S T I N G H O U S E R D S IH 35 SB GATEWAY D R K E L L E Y D R EXIT 257 SB S IH 35 FWY S B EXIT 259 NB S IH 3 5 F W Y NB 0 500 1,000 Fe et Coor dina te Sys tem: Texa s State P lan e/C entral Zone/N AD 8 3/US F eetCartographic D ata For Gen eral Pl anni ng Pur po ses O nly ¯ Leg end SiteParcelsCity LimitsGeorgetown ETJ Fu ture L and U se / Ove rall Tran spor ta ti on P lan Exhibit #2SUP-2 013-00 2 Le ge nd Thoroughfa re EC EF EM A EM IA ER F PC PF PF R PM IA Future La nd Use Institutional Regional Comm ercial Community Comm ercial Empl oy ment Center HIgh Density Residential Low Density Residential Mining Mixed Use C omm unity Mixed Use N eighborhood Center Moderate D ensity Resi dential Open Spac e Specialty Mix ed Use Area Ag / R ural Residential PM A PR W e s ti n g h o u s e R d§¨¦35 Site ³ City Limits St reet Sit e SUP-2013-002 Attachment number 3 \nPage 1 of 1 Item # R C I T Y O F G E O R G E T O W N CIT Y O F G EOR G E TO WN CITY OF GEORGETOWN CITY OFGEORGETOWN C I T Y O F G E O R G E T O W N W E S T I N G H O U S E R D GAT EWAY DR K E L L E Y D REXIT 257 SB EXIT 259 NB S I H 3 5 N B S IH 3 5 F W Y S B S IH 3 5 SB S IH 3 5 F W Y N B 0 500 1,000 Fe et Coor dina te Sys tem: Texa s State P lan e/C entral Zone/N AD 8 3/US F eetCartographic D ata For Gen eral Pl anni ng Pur po ses O nly ¯ Leg end SiteParcelsCity LimitsGeorgetown ETJ SUP -2 013-00 2Zoning Informa ti on Exhibit #3 W e s ti n g h o u s e R d §¨¦35 U N I V E R S I T Y B L V D §¨¦35³City Limits Street Sit e Site SUP-2013-002 Attachment number 4 \nPage 1 of 1 Item # R S I H 3 5 F W Y S IH 3 5 FW Y N B S IH 35 FR S I H 3 5 N B W E S T I N G H O U S E R D K E L L E Y D R H E W L E T T L O O P EXIT 259 NB Leg end SiteParcelsCity LimitsGeorgetown ETJ Coo r dina te Sys tem: Texa s State P lan e/C entral Zone/N AD 8 3/US FeetCartographic D ata Fo r Gen eral Pl anni ng Pur poses O nly ¯ 0 440 880 Fee t Exhibit #4SUP-2 013-00 2 W e s ti n g h o u s e R d §¨¦35 U N I V E R S I T Y B L V D Site ³ City Limits Street Sit e SUP -2 01 3-0 02 Attachment number 5 \nPage 1 of 1 Item # R Planning & Zoning Commission Agenda / June 4, 2013 Page 1 of 1 City of Georgetown, Texas Planning and Zoning Commission Meeting Minutes Tuesday, June 4, 2013 at 6:00 PM Council Chambers 101 E. Seventh Street, Georgetown, Texas 78626 An agenda packet, containing detailed information on the items listed below, is distributed to the Commission and will be available at the Planning & Development Office, located at 300 Industrial Avenue. You may also visit the City of Georgetown web site at www.georgetown.org and review the staff report on the proposed application no later than the Saturday prior to the Planning and Zoning meeting described above. Commissioners: Roland Peña, Chair; Porter Cochran, John Horne, Robert Massad, Scott Rankin, and Bob Brent Commissioners in Training: Kevin Vietti If you need accommodations for a disability, please notify the City in advance. Regular Session - To begin no earlier than 6:00 p.m. 2. Public Hearing and possible action on a Rezoning of 4.503 acres in the John Powell Survey, to be known as Mac Haik Automotive from AG, Agriculture to C-3, General Commercial, located in the 7200 Block of Kelley Drive. REZ-2013-003 (Carla Benton) Staff presented the application and a Public Hearing was opened. No speakers were present and the Public Hearing was closed. Motion by Brent and Second by Cochran. Recommend approval by vote of 6-0. 3. Public Hearing and possible action on a Special Use Permit for 4.503 acres in the John Powell Survey, to be known as Mac Haik Automotive to allow an automotive use in a C-3 Zoning District, located in the 7200 Block of Kelley Drive. SUP-2013-002 (Carla Benton) Staff presented the application and a Public Hearing was opened. No speakers were present and the Public Hearing was closed. Motion by Horne and Second by Massad. Recommend approval by vote of 6-0. 4. Update on the Georgetown Transportation Advisory Board (GTAB) Meetings. (Commissioner Rankin) 5. Questions or comments from Commissioners-in-Training about the actions and matters considered on this agenda. 6. Reminder of the June 18, 2013, Planning and Zoning Commission meeting. 7. Meeting adjourn. Attachment number 6 \nPage 1 of 1 Item # R Ordinance Number: _____________ Description: Mac Haik Ford Truck Special Use Permit Page 1 of 2 Date Approved: July 9, 2013 Exhibits A & B Attached ORDINANCE NO. _______ An Ordinance of the City Council of the City of Georgetown, Texas, granting a Special Use Permit to allow Automotive Sales and Service in the General Commercial District (C-3) for 4.503 acres in the John Powell Survey, to be known as Mac Haik Ford Truck; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City for the purpose of allowing a special use on the following described real property ("The Property"): 4.503 acres of the John Powell Survey(s) as recorded in Document Number 2002001129 of the Official Public Records of Williamson County, Texas, hereinafter referred to as "The Property"; and Whereas, the City Council has submitted the proposed special use request allow Automotive Sales and Service in the General Commercial District (C-3) to the Planning and Zoning Commission for its consideration at a public hearing and for its recommendation or report; and Whereas, public notice of such hearing was accomplished in accordance with State Law and the City’s Unified Development Code through newspaper publication, signs posted on the Property, and mailed notice to nearby property owners; and Whereas, the Planning and Zoning Commission, at a meeting on June 4, 2013, held the required public hearing and submitted a recommendation of approval to the City Council for the requested rezoning of the Property; and Whereas, the City Council, at a meeting on June 25, 2013, held an additional public hearing prior to taking action on the requested rezoning of the Property. Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas, that: Section 1. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030 Comprehensive Plan and the City’s Unified Development Code. Section 2. The Zoning District classification(s) for the Property shall remain General Commercial District (C-3), and the Ordinance allowing for the special use of an automotive Attachment number 7 \nPage 1 of 2 Item # R Ordinance Number: _____________ Description: Mac Haik Ford Truck Special Use Permit Page 2 of 2 Date Approved: July 9, 2013 Exhibits A & B Attached sales and service facility on the property is hereby adopted in accordance with the attached Exhibit A (Location Map) and Exhibit B (Legal Description) and incorporated herein by reference. Section 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. Section 4. If any provision of this Ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. Section 5. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect on the date of adoption by the City Council. APPROVED on First Reading on the 25th day of June, 2013. APPROVED AND ADOPTED on Second Reading on the 9th day of July, 2013. THE CITY OF GEORGETOWN: ATTEST: ______________________ _________________________ Jessica Brettle George Garver City Secretary Mayor APPROVED AS TO FORM: ______________________ Bridget Chapman Acting City Attorney Attachment number 7 \nPage 2 of 2 Item # R C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N C I T Y O F G E O R G E T O W N G e o r g e t o w n E T J G e o r g e t o w n E T J W E S T I N G H O U S E R D S IH 35 FWY SB K E L L E Y D R GAT EWAY D R S IH 3 5 F W Y S B EXIT 259 N B S I H 3 5 F W Y NB SUP-2013-002 SUP -2013-002Exhibit #1 Coor dina te System: Texa s State P lan e/C entral Z o ne/N AD 8 3/US F eetCartographic D ata For Gen eral Pl anning Pur po ses O nl y 0 500 1,000Fee t ¯ Leg endSiteParce lsCity LimitsGeorgetown ETJ ³§¨¦35 U n i v e r s it y B l v d W e s ti n g h o u s e R d §¨¦35 Site ³City L imits St ree t Sit e Attachment number 8 \nPage 1 of 1 Item # R At t a c h m e n t n u m b e r 9 \ n P a g e 1 o f 3 It e m # R At t a c h m e n t n u m b e r 9 \ n P a g e 2 o f 3 It e m # R At t a c h m e n t n u m b e r 9 \ n P a g e 3 o f 3 It e m # R City of Georgetown, Texas July 9, 2013 SUBJECT: Discussion and possible direction to the City of Georgetown's Transportation Advisory Board (GTAB) to conduct an analysis and make a recommendation to the City Council no later than June 24, 2014 ,regarding the City's potential future participation in State and Regional Transportation Organizations including the benefits, conditions, and justification which would prompt the City's participation in Project Connect, Lone Star Rail and any other relevant State and Regional Transportation Organizations that the City should be involved with -- Steve Fought, Councilmember, District 4 ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Cover Memo Item # S City of Georgetown, Texas July 9, 2013 SUBJECT: Sec. 551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items - Rivery Update - LCRA Update - CTSUD Update - Discussion regarding approval of a settlement agreement for the DNT Construction Claim on the SE1 Arterial Project Sec 551.074: Personnel Matters - Status of the City Attorney position ITEM SUMMARY: FINANCIAL IMPACT: SUBMITTED BY: Cover Memo Item # T