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HomeMy WebLinkAboutAgenda CC 09.26.1995NOTICE OF MEETING OF THE GOVERNING BODY OF THE CITY OF GEORGETOWN, TEXAS TUESDAY, September 26, 1995 The City Council of the City of Georgetown, Texas, will meet on Tuesday, September 26, 1995, at 5:30 p.m. in the City Council Chambers, located at the northeast corner of Seventh and Main Street in Georgetown, Texas. If you need accommodations for any type of disability, please advise in advance. Detailed explanatory information on the items listed below is compiled in an agenda packet which is distributed to the Mayor and each member of the Council. An agenda packet is also available at the Public Library, for the use of interested citizens. Workshop --Call to order 5:30 p.m. A Governance discussion regarding conditions for model homes/Ed Barry Regular Session - (To convene Executive Session) Will begin no earlier than 6:30 p.m. Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. B S ec. 5 51.071 consultation with attorney C Sec.551.072 deliberation on real property D Sec.551.075 conference with employee Regular Session - Will begin no earlier than 7:00 p.m. E Action on Executive Session items Consent Agenda Consent agenda includes non -controversial and routine items that council may act on with one single vote. A councilmember may pull any item from the consent agenda in order that the Council discuss and act upon it individually as part of the regular agenda. F Consideration of approval of meeting minutes --Special fleeting of September 7, 1995 and Regular Meeting of September 12, 1995/Sandra Lee G Consideration of a resolution approving funding agreements with the following agencies to provide social services to residents of Georgetown: WBCO/Williamson County Crisis Center ($10,000.00), Literacy Council of Williamson County ($2,500.00), WBCO/Nutrition Services ($3,000.00), Stonehaven Center ($12,000.00), WBCO/Transportation Services ($5,000.00), the Williamson County and Cities Health District ($22,500.00), and the Georgetown Information and Volunteer Exchange ($10,000.00)/Hartley. Sappington City Council Agenda/September 26, 1995 Page 1 of 4 Pages H Consideration of a resolution approving a lease agreement with Williamson -Burnet County Opportunities, Inc. (WBCO), to operate the Madella Hilliard Neighborhood Center/Hartley Sappington I Consideration of a resolution approving a funding agreement with the Georgetown Heritage Society for administrative services/Molly Alexander and Hartley Sappington J Consideration of a resolution approving a lease agreement with the Georgetown Heritage Society/Hartley Sappington K Consideration of a resolution approving a lease agreement with the Georgetown Optimist Club/Hartley Sappington L Consideration of approval of a funding agreement with the Georgetown Industrial Foundation/Bob Hart M Authorization for Councilmembers to attend the National League of Cities Annual Conference/Bob Hart N Consideration of award of annual bid for gasoline and diesel fuel to Triple S Petroleum in the estimated annual amount of $79, 000.00 for unleaded gasoline and $19, 000.00 for diesel fuel/Terry Jones and Susan Morgan 0 Consideration of award of annual bid for emulsion to Koch Materials in the estimated amount of $18,562.00/Terry Jones and Susan Morgan P Consideration of an award of bid to Commercial Electronics Corporation in the amount of $43, 544.00 for a digital recorder/Terry Jones and Larry Hesser Q Consideration of an award bid for all lines of property and casualty insurance for FY' 96 in the estimated amount of $252,440/Elizabeth Gray R Consideration of approval of Amendment No. 3 to the contract between OMI and the City of Georgetown in the amount of $825,345.00/Jim Briggs S Consideration of declaring surplus equipment and authorizing staff to negotiate a contract for auctioneer services/Terry Jones and Susan Morgan T Consideration of a detailed development plan for Lake Aire Subdivision, Sections One and Two, and ratification of variances to the Subdivision Regulations/Hildy Kingma and Ed Barry U Consideration of a preliminary plat of 27.51 acres in the John Sutherland Survey, to be known as Fountainwood Estates, Phase 5; and variances to the Subdivision Regulations/Hildy Kingma and Ed Barry City Council Agenda/September 26, 1995 Page 2 of 4 Pages V Consideration of a detailed development plan for City of Georgetown, Block 14, Lot 1 and part of Lot 8; and approval of variances to the Subdivision Regulations, located at 302 South Austin Avenue/Hildy Kingma and Ed Barry W Consideration of a variance to the Subdivision Regulations for a 2.0 acre tract in the Clement Stubblefield Survey to be known as Good Luck Subdivision/Hildy Kingma and Ed Barry X Consideration of a resolution expressing official intent to reimburse costs of certain street capital improvement projects not to exceed $1,370,000 with proceeds from bonds that will be issued at a later time/Susan Morgan and Bob Hart Y Consideration of a resolution authorizing the City Attorney to issue a quitclaim deed to be filed abandoning portions of Eighth Street, Clamp Street, and an alley, all east of the MK&T Railroad/Marianne Banks Z Consideration of a license to encroach into the side public utility easements at Lots 1-24, Block G, Smith Branch Park Subdivision/Hildy Kingma and Ed Barry 0 AA Consideration of a release of special assessment lien for Southwestern University property/Marianne Banks Regular Agenda Council will individually consider and possibly take action on any or all of the following items: (Council may, at any time, recess the regular session to convene in executive session at the request of the Mayor, a councilmember, or the City Manager.) BB Citizens wishing to address the Council CC Mayor, Council, City Manager, and staff comments and reports • TML Regional Meeting in Round Rock on Friday, September 29 • TML Legislative Policy Committee Appointments • TML Annual Meeting in Dallas October 25 - 28 • Silver Circle Award DD Consideration of granting a certificate of occupancy to allow a model home to operate at 1000 Woodview Drive/Hildy Kingma and Ed Barry EE Second reading of an ordinance to rezone Stonehedge Subdivision, Sections One and Two from A, Agricultural to RS, Residential Single Family/Ed Barry and Hildy Kingma FF Consideration of variances to the Design Standards of the Subdivision Regulations for Parkview Estates, Section 5, Block A, Lot 13; located at North Austin Avenue and FM971/Hildy Kingma and Ed Barry City Council Agenda/September 26, 1995 Page 3 of 4 Pages GG Second reading of an ordinance extending the time period for Southwest Georgetown Industrial District/Marianne Banks CD HH Consideration of approving an agreement with Leroy and Merle Weir Charitable Trust for the second extension of Southwest Georgetown Industrial District/Marianne Banks II Consideration of approving an agreement with Texas Crushed Stone Company and Georgetown Railroad Company, Inc., for the second extension of the Southwest Georgetown Industrial District/Marianne Banks JJ Second reading of an ordinance amending the 1994/95 Annual Operating Plan Element (budget) to offset variances in various fund budgets for increases in expenditures that are tied to service requests or revenue collection rates, to properly account for grant expenditures, and to reclass expenditures between funds/Micki Rundell and Susan Morgan KK Second reading of an ordinance adopting an Annual Operating Plan Element of the Georgetown Century Plan (budget) for the fiscal year beginning October 1, 1995, and ending September 30, 1996; adopting the Annual Amendment to the Century Plan/Susan Morgan and Bob Hart LL Second reading of an ordinance amending Sec.2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances/Susan Morgan and Bob Hart MM Second reading of an ordinance levying a tax rate for the City of Georgetown for the tax year 1995/Susan Morgan and Bob Hart NN Second reading of an ordinance amending solid waste disposal rates/Susan Morgan and Bob Hart 00 Second reading of an ordinance establishing water and sewer rates for customers in the Berry Creek service area for billing periods after September 30, 1995/Susan Morgan PP Second reading of an ordinance amending the fuel flowage fee rates charged at the Georgetown Municipal Airport/Travis McLain and Hartley Sappington QQ Consideration of scheduling a special Council Meeting the week of October 16 and setting earlier time for the regular Council Meeting on October 24/Bob Hart RR Final comments and evaluation of meeting process Adjournment CERTIFICATE OF POSTING I, 94/l/ORY � �E, City Secretaryof the Cityof Georgetown Texas, xas, do hereby certify that this Notice of Meeting was pos on the A� t day of t*i' , 1995, at - 0 a.m City Council Agenda/September 26, 1995 Page 4 of 4 Pages SEP— —1 9- 95, 10 FROM M I LBURN HOP IE'E, , INC. Milburn Homes Welcome Home FAX TRANSMITTAL DATE: September 22, 1995 TIME: 10:25 a.m. DELIVER TO: Hildy Kingma Chief Planner COMPANY: City of Georgetown FAX NUMBER: 512/930-3681 NUMBER OF PAGES 3 (including cover page) FROM: Paul Shepherd Milburn Investments, Inc. P.O. Box 9802-682/78766 11911 Burnet Road Austin, Texas 78758 (512) 835-4663 FAX NUMBER: (512.) 835-1543 or (512) 836-2527 COMMENTS: Attached letter re: City of Georgetown's model home construction policy. If you do not receive all pages sent, or if they are illegible, please call our operator at (51?) 835-4663). CONFIDENTIALITY NOTICE: The information contained in this FAX is confidential and/or privileged. This FAX is intended to be reviewed initially by only the iadividual(s) named above. If the reader of this TRANSMITTAL PAGE is not the intended recipient or representative of the intended recipient, you are hereby notified that any review, dissemination or copying of this facsimile or the information contained herein is prohibited. If you have received this facsimile in error, please immediately notify the sender by telephone and return this facsimile to the sender at the above address. Thank you. S E P 1'�'� 10 : FF,Lf l f`I I LF,IJRh! HOMES', I NC. TO �+^��.=,C„ 1 P . t Welcome Home September 22, 1995 VIA TELECOPY NO. (512) 930-3681 Ms. Hildy Kingma Chief Planner City of Georgetown 113 E. 8th Street Post Office Box 409 Georgetown, Texas 78627-0409 Re: City of Georgetown's model home construction policy Dear Ms. Kingma: Thank you for meeting with Keith Young and myself last Tuesday. As I mentioned, I would like to suggest Milburn Homes' system for constructing model homes in new subdivisions. As we discussed, please feel free to use our system in your information gathering process to formulate a suggestion to the council for the City of Georgetown's model home construction policy. Please understand that Milburn Homes is the only developer and only home construction builder in our subdivisions. The following is Milburn Homes' method of construction for most of its subdivisions within various cities and entities: As soon as the streets are rough cut and the utilities have been constructed and tested, Milburn Homes is usually allowed to begin construction of our model home(s). Separate model home construction entrances can be designated on a plan showing subcontractor access to the house. That way the subdivision contractor traffic will not interfere. This allows us to "dovetail" the construction of the model homes while building our first phase or section of lots in our subdivision so that both the model and the subdivision's first phase is completed at the same time. Model home construction would also take place with the understanding that no water or sewer connections can be made until the subdivision has been accepted. Our model home(s) cannot be open to the public until the subdivision is accepted by the City. In a case such as the City of Georgetown where the subdivision infrastructure is completed prior to a final plat being recorded, we would, in this particular instance, sign a waiver releasing the City and assume full responsibility for any encroachments over building lines and/or easements. Please consider our request that we be allowed to "dovetail" our model home construction after utilities have been installed in the subdivision so we can be ready to open the model at the same 1 161 1 0...+, ... D..n 4 . A..,.;- TY 'TO -?CO . ni-N T3-- OQ/17 0'11 w ,.,..:- Tv '7Q'744 . i G 1 ^1\ V') C "f-Nx Ar- _ r_ SEP-? -1 1395 1 O : ''S FRIDN N I LBUF'h-I HOLIES , I TA P . Ms. Hildy Kingma September 22, 1995 Page 2 time the subdivision is accepted. Although it may not sound like a lot of time, whenever we can save two or three months of construction we are able to take advantage of our marketing "window" and will also save in interest carry on the infrastructure, ultimately saving the hornebuyer money. We also would like to clarify that we will still be allowed to hook up a temporary trailer enabling us to market out of during the model home's construction. Thank you for taking our comments and suggestions under consideration. If you have any questions or need additional information or clarification please feel free to give me a call. Very truly yours, &PaulD.h rd Project Manager PDS : sp cc: Bruce Dickson Terry Mitchell Q- 26 MEMORANDUM TO: City Council FROM: Leane Heldenfels, AICP, Senior Planner thru Ed Barry, AICP - Director, Division of Development Services DATE: September 26, 1995 SUBJECT: Model Home/Temporary Sales Office Issue After the September 12, 1995, Council meeting Development Services staff polled a few cities in Texas and other states to determine to what extent they regulate the model home/temporary sales office use. As is the case with many development issues, the results of that research encompassed both ends of a broad spectrum. There are several cities that have no written regulations, but have adopted a staff -controlled policy to address the issue in a manner similar to that under which Georgetown is currently operating. There are also a few cities that require formal site plan submittal and review by staff and/or a regulatory board, such as the P&Z or BOA. Most of the cities address the conditions staff suggested for you to consider in a revision to our Zoning Ordinance: length of time the use can operate, area the model home can serve, and the number of model homes allowed within one development. None of the ordinance information received dealt with the provision of additional off-street parking. The City of Round Rock stipulates that a water main must be within 100 feet from the model home before construction can begin on the home, thus allowing construction of the home/office to begin even though all improvements for the subdivision may not have been completed. This allows the home/office to be operational by the time lots can be sold. Other issues that were not specifically discussed in most of the ordinances, but that Council may wish to consider, are: guidelines for landscaping, lighting, compatibility with neighboring residences, hours of operation, and convertability to a single family residence. Allowed with no written regulation Allowed within subject subdivision only Allowed within a defined development area Time limit or percent complete when use must cease Number per subdivision Staff review of site plan required Development board review required Signage allowed Temporary Buildings allowed Austin X 4 yrs. or 95 % X Round Rock X 1 year 4 per 75 lots X San Antonio X 2 yrs. or 85 % 4, 288 s. f. X Carrollton X 180 days X Plano X 2 yrs. or 90 % X Richardson X Bryan X College Station X 80 % 16 s. f. X San Marcos X Arlington X 90 % X Sugarland X X Las Vegas, NV X X Orlando, FL X 85 % 10 % of total or 10 X same as other SF signs X Norman, OK X votes: San Antonio - no regulations for model homes without sales offices, information in the chart is regarding those with sales offices included. Plano - in addition to these regulations has specific use permit requirements for Homebuilder Marketing Centers which allow a homebuilder to market several neighborhoods from one location. Austin - new subdivision sales offices cannot be located closer than 200 feet from an existing dwelling that is not located within the new subdivision. MEMORANDUM DATE: September 26, 1995 TO: The Mayor and City Council FROM: Terry Jones, Purchasing Director SUBJECT: Agenda item S - declaring surplus equipment The attached list of property was submitted by the Police Department for disposal as surplus. Please include these items with the previously submitted items for approval as surplus. PAGE 11 IXED ASSET IS ASSET # DESCRIPTION QTY WORKING Rebel Tackle box w/assorted tackle 1 Plano Tackle Box w/ assorted tackle 1 Adventure Tackle Box w/ assorted tackle 1 Unisonic calculator 1 Cassette Tapes 2 AM/FM radio cassett player Son JVC, Clarion 3 Turntable 1 JVC 135-wattspeakers 2 Realistic tenon strobe li ht 1 Wheel cover parts 1 4' blue/white teddy bear 1 Panasonic Microwave 1 Quasar video cassette recorder 1 Wooden jewelry boxes 2 Table le 1 BF Goodrich tire w/ white wheel 1 Sonic Rangers headset 1 Flash HUM 1 Red Po /Mech toolbox w/tools 1 Mazda hubcaps 2 Purses 3 Crow bar 1 Lloyd's dual cassette AM/FM radio stereo 1 Green metal box 1 Axe 1 Maximum Comanche Overkill Computer Bill 1 Super Nintendo 2ame 1 Ford AM/FM cassette stereo 1 Baby quilt 1 Knife sheath 1 Irishing rod 1 Zeblo 33 reel 1 Hub caps 2 Freon Tank 1 Po o Stick 1 Page 12 IXED ASSET A IS ASSET DESCRIPTION OTY WORKING Jensen AM/FM car stereo 1 O timus amplifier 1 Craig AM/FM Car Stereo 1 Watches 2 Lighters 6 Pens 3 Clutch Purse 1 Portable si n letters 1 Axle Stands 3 Screw Driver 1 Lug Nuts 19 EZ Bee Radio Controlled Air lane 1 Tire Tool Window Cleaninq Tool 1 Pair Bolt Cutter 1 Fire Extinguisher 1 Flashli ht 1 Car Jack 1 Cable Box 1 Kenwood AM/FM Cassette Car Stereo 1 Auto-tek Stereo Am 1 S arko AM/FM cassette player 1 Jensen 40W+40W am 1 Equalizer 1 Cobra Ti htshooter Radar Detector 1 Clarion 4" s eakers 2 S ec II AM/FM radio 1 P ramid Amplifier 1 Cobra Radar Detector 1 Kraco AM/FM cassette stereo 1 AM/FM Cassette Stereo 1 Kawasaki LTD 550 Motorcycle 1 Set cabinets w/sink 1 Watch 1 Misc. jewela Misc. items Bic cles 65 Council meeting September 26, 1995 Item No. -�" AGENDA ITEM COVER SHEET SUBJECT:. Governance discussion regarding conditions for model homes ITEM SUMMARY: With the increase in development activity in and around the community, there has arisen the need to address how model homes should be regulated. Recent events have indicated that while home builders desire to locate model homes in developing parts of the community, existing residents have concerns about such uses being located in established neighborhoods. Give the proximity of developing subdivisions to established residential areas a conflict between homebuilders and residents can easily arise. In deciding whether or not to adopt regulations on model homes a variety of issues should be considered. These are outlined in the attached memo. We anticipate having additional information to cover at the workshop. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None. COMMENTS: None. ATTACHMENTS: None. Submitted By. Edward arry, Arent -Director Divisi of Developrvices NOTICE OF MEETING OF THE GOVERNING BODY OF THE CITY OF GEORGETOWN, TEXAS TUESDAY, September 26, 1995 The City Council of the City of Georgetown, Texas, will meet on Tuesday, September 26, 1995, at 5:30 P.M. in the City Council Chambers, located at the northeast corner of Seventh and Main Street in Georgetown, Texas. If you need accommodations for any type of disability, please advise in advance. Detailed explanatory information on the items listed below is compiled in an agenda packet which is distributed to the Mayor and each member of the Council. An agenda packet is also available at the Public Library, for the use of interested citizens. Workshop --Call to order 5:30 p.m. A Governance discussion regarding conditions for model homes/Ed Barry Regular Session - (To convene Executive Session) Will begin no earlier than 6:30 p.m. Executive Session b In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session that follows. B Sec.551.071 consultation with attorney C Sec.551.072 deliberation on real property D Sec.551.075 conference with employee Regular Session - Will begin no earlier than 7:00 p.m. E Action on Executive Session items Consent Agenda e 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. F Consideration of approval of meeting minutes --Special Meeting of September 7, 1995 and Regular Meeting of September 12, 1995/Sandra Lee G Consideration of a resolution approving funding agreements with the following agencies to provide social services to residents of Georgetown: WBCO/Williamson County Crisis Center ($10,000.00), Literacy Council of Williamson County ($2,500.00), WBCO/Nutrition Services ($3,000.00), Stonehaven Center ($12,000.00), WBCO/Transportation Services ($5,000.00), the Williamson County and Cities Health District ($22,500.00), and the Georgetown Information and Volunteer Exchange ($10,000.00)/Hartley Sappington City Council Agenda/September 26, 1995 Page 1 of 4 Pages H Consideration of a resolution approving a lease agreement with Williamson -Burnet County Opportunities, Inc. (WBCO), to operate the Madella Hilliard Neighborhood Center/Hartley Sappington I Consideration of a resolution approving a funding agreement with the Georgetown Heritage Society for administrative services/Molly Alexander and Hartley Sappington J Consideration of a . resolution approving a lease agreement with the Georgetown Heritage Society/Hartley Sappington K Consideration of a resolution approving a lease agreement with the Georgetown Optimist Club/Hartley Sappington L Consideration of approval of a funding agreement with the Georgetown Industrial Foundation/Bob Hart M Authorization for Councilmembers to attend the National League of Cities Annual Conference/Bob Hart N Consideration of award of annual bid for gasoline and diesel fuel to Triple S Petroleum in the estimated annual amount of $79, 000.00 for unleaded gasoline and $19, 000.00 for diesel fuel/Terry Jones and Susan Morgan 0 Consideration of award of annual bid for emulsion to Koch Materials in the estimated amount of $18, 562.00/Terry Jones and Susan Morgan P Consideration of an award of bid to Commercial Electronics Corporation in the amount of $43, 544.00 for a digital recorder/Terry Jones and Larry Hesser Q Consideration of an award bid for all lines of property and casualty insurance for FY'96 in the estimated amount of $252,440/Elizabeth Gray R Consideration of approval of Amendment No. 3 to the contract between OMI and the City of Georgetown in the amount of $825,345.005im Briggs S Consideration of declaring surplus equipment and authorizing staff to negotiate a contract for auctioneer services/Terry Jones and Susan Morgan T Consideration of a detailed development plan for Lake Aire Subdivision, Sections One and Two, and ratification of variances to the Subdivision Regulations/Hildy Kingma and Ed Barry U Consideration of a preliminary plat of 27.51 acres in the John Sutherland Survey, to be known as Fountainwood Estates, Phase 5; and variances to the Subdivision Regulations/Hildy Kingma and Ed Barry City Council Agenda/September 26, 1995 Page 2 of 4 Pages V Consideration of a detailed development plan for City of Georgetown, Block 14, Lot 1 and part of Lot 8; and approval of variances to the Subdivision Regulations, located at 302 South Austin Avenue/Hildy Kingma and Ed Barry W Consideration of a variance to the Subdivision Regulations for a 2.0 acre tract in the Clement Stubblefield Survey to be known as Good Luck Subdivision/Hildy Kingma and Ed Barry X Consideration of a resolution expressing official intent to reimburse costs of certain street capital improvement projects not to exceed $1,370,000 with proceeds from bonds that will be issued at a later time/Susan Morgan and Bob Hart Y Consideration of a resolution authorizing the City Attorney to issue a quitclaim deed to be filed abandoning portions of Eighth Street, Clamp Street, and an alley, all east of the MK&T Railroad/Marianne Banks Z Consideration of a license to encroach into the side public utility easements at Lots 1-24, Block G, Smith Branch Park SubdivisionAildy Kingma and Ed Barry AA Consideration of a release of special assessment lien for Southwestern University property/Marianne Banks Regular Agenda Council will individually consider and possibly take action on any or all of the following items: (Council may, at any time, recess the regular session. to convene in executive session at the request of the Mayor, a councilmember, or the City Manager.) BB Citizens wishing to address the Council CC Mayor, Council, City Manager, and staff comments and reports • TML Regional Meeting in Round Rock on Friday, September 29 • TML Legislative Policy Committee Appointments • TML Annual Meeting in Dallas October 25 - 28 • Silver Circle Award DD Consideration of granting a certificate of occupancy to allow a model home to operate at 1000 Woodview Drive/Hildy Kingma and Ed Barry EE Second reading of an ordinance to rezone Stonehedge Subdivision, Sections One and Two from A, Agricultural to RS, Residential Single Family/Ed Barry and Hildy Kingma FF Consideration of variances to the Design Standards of the Subdivision Regulations for Parkview Estates, Section 5, Block A, Lot 13; located at North Austin Avenue and FM971/Hildy Kingma and Ed Barry City Council Agenda/September 26, 1995 Page 3 of 4 Pages GG Second reading of an ordinance extending the time period for Southwest Georgetown Industrial District/Marianne Banks HH Consideration of approving an agreement with Leroy and Merle Weir Charitable Trust for the second extension of Southwest Georgetown Industrial District/Marianne Banks II Consideration of approving an agreement with Texas Crushed Stone Company and Georgetown Railroad Company, Inc., for the second extension of the Southwest Georgetown Industrial District/Marianne Banks JJ Second reading of an ordinance amending the 1994/95 Annual Operating Plan Element (budget) to offset variances in various fund budgets for increases in expenditures that are tied to service requests or revenue collection rates, to properly account for grant expenditures, and to reclass expenditures between funds/Micki Rundell and Susan Morgan KK Second reading of an ordinance adopting an Annual Operating Plan Element of the Georgetown Century Plan (budget) for the fiscal year beginning October 1, 1995, and ending September 30, 1996; adopting the Annual Amendment to the Century Plan/Susan Morgan and Bob Hart M LL Second reading of an ordinance amending Sec.2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances/Susan Morgan and Bob Hart MM Second reading of an ordinance levying a tax rate for the City of Georgetown for the tax year 1995/Susan Morgan and Bob Hart NN Second reading of an ordinance amending solid waste disposal rates/Susan Morgan and Bob Hart 00 Second reading of an ordinance establishing water and sewer rates for customers in the Berry Creek service area for billing periods after September 30, 1995/Susan Morgan PP Second reading of an ordinance amending the fuel flowage fee rates charged at the Georgetown Municipal Airport/Travis McLain and Hartley Sappington QQ Consideration of scheduling a special Council Meeting the week of October 16 and setting earlier time for the regular Council Meeting on October 24/Bob Hart RR Final comments and evaluation of meeting process Adjournment CERTIFICATE OF POSTING I, �� Q Lam, City Secret of the Cityof Georgetown, getown, Texas, do hereby certify that this Notice of Meeting was pos on &e 5t day of ternje , 1995, at %3 0 a.m< City Council Agenda/September 26, 1995 Page 4 of 4 Pages MEMORANDUM TO: Planning and Zoning Commission/Sign Review Board Members FROM: Hildy L. Kingma, AICP - Chief Planner, DATE: August 31, 1995 SUBJECT: Proposal for Resolution of Model Home Concerns At the August 1, 1995, meeting of the Sign Review Board, the Board considered and denied a request for a variance to the sign standards for a model home sign to be located on a residential lot. During the discussion, the Sign Review Board asked staff to reconsider current policy that allows model homes to be located in residential areas under specified conditions. This memo describes the actions that staff intends to take with regard to the Board's concerns about model homes. Staff proposes to prepare revisions to the Zoning Ordinance that will allow model homes to be located in all the "R" zoning districts under specified conditions. Following are some of the conditions that are being considered for this revision. These conditions include those currently used (*), as well as some additional conditions proposed by the Sign Review , Board during the discussion on August 1. * 1. The space used for the sales office shall not be altered such that it cannot be converted to its typical purpose in a single family home. For example, if the garage is to be used as a sales office, there must be other provisions made to accommodate the required two (2) parking spaces outside the front building setback. * 2. The Building Inspections Services Department shall issue a temporary certificate of occupancy for a limited period during which the sales office may operate. This period may either be established by the ordinance or be negotiated between the Building Official and the occupant. [What would be a reasonable time limit?] 3. If the model home violates any other City ordinance, the temporary certificate of occupancy may be revoked. 4. The model home shall be located within the subdivision being developed. [Some discussion should occur regarding this point. Should this strictly be the subdivision, or is it appropriate to allow model homes to be located within a larger neighborhood? If allowed within the neighborhood, define what constitutes a neighborhood. If limited to the subdivision, will that be further limited to the section or phase of a larger subdivision being developed?] 5. Consider establishing a limit on the number of model homes that will be permitted at any time within one subdivision/neighborhood. [What is the Commission's recommendation regarding this limit?] The Planning and Zoning Commission should provide input to these conditions to assist staff in preparing a Zoning Ordinance revision for consideration at the October meeting. The Board was also concerned about the location of a model home on the lot that was the subject of the sign variance. This lot is located at 1000 Woodview Drive (Thousand Oaks Subdivision, Lot 1, Block 1). The property is zoned RS, Residential Single Family, although C-1, Local Commercial, zoning exists to the east, and RM-1, Multifamily, exists north of Leander Road. Further, this lot is the only one in the Thousand Oaks subdivision that has frontage on Leander Road, a major arterial. The property owner, Buffington Homes, requested their permit on May 9, 1995. At that time, they notified the City's Building Inspections Department that they intended to use this property as a model home for a period of 12 to 18 months. The Building Inspections Department has worked with this home builder during the construction of the home with the understanding that it will operate as a model home under the policy that is currently in place. At this time, the construction of the home is nearly complete. Given this history, staff recommends at this time that the model home on this lot be allowed to open and operate for an 12 month period of time. No other model home will be permitted within the City limits, however, until the Zoning Ordinance revision described above is approved by the City Council. Staff requests that the Planning and Zoning Commission make a recommendation regarding this issue that will be brought to the City Council at their meeting of September 12, 1995. Please note the petition that has been received (attached) that addresses this issue. Thomas H. Casey 214 Rockcrest Drive Georgetown, Texas 78628 August 28, 1995 Mr. Ed Berry City of Georgetown Planning and Zoning Department Georgetown, Texas 78627 Dear Mr. Berry, Attached you will find copies of a petitions (six pages) that have been signed by the residents of the Thousand Oaks Sub -division, indicating their direct opposition to your departments granting of a permit to Buffington Homes for purpose of allowing a Single Family Dwelling to be used as a Commercial Sales Office. Outside of the dwelling, to which we are opposed as being used as a commercial office, Buffington Homes has no other homes for sale within the Thousand Oaks Sub -division nor do they own any lots within the sub- division on which to build new homes. It is our understanding that the lot on which this dwelling has been built is zoned as "RS 1," whereby no commercial activity is allowed to exist. We also believe that in order for a dwelling to be classified as a "Model Home" that it should have commonality with the other homes being sold and physically located in the same Sub -Division. However, the Planning and Zoning Department of the City of Georgetown has granted to Buffington Homes a permit to utilize the subject dwelling as Model Home which has absolutely no commonality with the Thousand Oaks Sub -division in which it is built. By utilizing this dwelling as a sales office to sell properties outside of the platted bounds of the Sub -Division Buffington Homes is representing themselves as a Real Estate Office, no different than Coldwell Banker, Century 21, etc. Would the Planning and Zoning Department grant a permit for a Realtor to build a Single Family Dwelling in a residential neighborhood and use it for an undetermined period time as a Sales Office without first having the property zoned as commercial? If the answer is no, then what is the Justification for allowing Buffington Homes to utilize this dwelling to sell homes located in every part of town except within the Sub -Division in which the office is located? Where is the difference? What ordinance allowed for the issuance of this permit to Buffington Homes? The residents whose signatures appear on the attached petitions represent a significant percentage of the households in Thousand Oaks Sub -Division, all of whom are admittedly opposed to the action taken by the Planning and Zoning Department's issuance of this permit. We feel that the City has violated it's own zoning ordinances by allowing the use of the subject dwelling to become a Commercial Office within a residential neighborhood zoned as RS 1. All of which was done without any pubic notice or hearing. Nor was Buffington Homes ever made to seek a variance to the current zoning ordinance. A vast majority of the signers of this petitions wanted to know about the sidewalk that was built around the perimeter of the subject Buffington Home. Since it has been the policy of the City of Georgetown, Planning and Zoning Department not to allow variances for sidewalks within the Thousand Oaks Sub -Division, why and how did Buffington Homes gain an exception to the binding covenant regarding this matter? If this is allowed to stand can the residents of Thousand Oaks Sub -division expect to see construction by Buffington Homes or the City of Georgetown to begin within the near future to provide sidewalks throughout the neighborhood? The residents of Thousand Oaks Sub -Division feels that the City of Georgetown, Planning and Zoning Department has been lured into making a sizable error in this matter. We feel that the Law has been clearly broken and our rights have been violated, and that the City of Georgetown should revoke the permit that was issued allowing this dwelling to be used for the purpose of housing a commercial enterprise or postpone Buffington Homes use of the same until a public hearing can be held. If your department indicates that it is too late, whereby refusing to revoke the permit you have granted or hold a public hearing for the review of such, then the residents of Thousand Oaks Sub -division must assume that your department was aware of and condones all violations that have occurred in regards to this matter. If this is in fact the decision of the Planning and Zoning Department, then the residents of Thousand Oaks Sub -division will be left no other alternative than to pursue other avenues by which to fight this matter. Sincerel T omas H. Casey UA This petitions contains the names of those Residents of the Thousand Oaks Sub- U--) Division, Georgetown, Texas who are in direct opposition to the City CY-1 of Georgetown granting a permit and/or variance to Buffington Homes, Inc. �� CD for the following: Whereby Buffington Homes would be allowed to utilize Ff llf� cv the house constructed at 1000 Woodview, Lot 1, Section 1, Thousand Oaks A cl�: Sub -Division (Zoned RS 0 as a commercial sales office. NAME ADDRESS TELEPHONE L.AO ��, �{ 5 -4/2 r936- 4� J H-'Y, On W Vin Ua'k Page �� of This petitions contains the names of those Residents of the Thousand Oaks Sub - Division, Georgetown, Texas who are in direct opposition to the City of Georgetown granting a permit and/or variance to Buffington Homes, Inc. for the following: Whereby Buffington Homes would be allowed to utilize the house constructed at 1000 Woodview, Lot 1, Section 1, Thousand Oaks Sub -Division (Zoned RS1) as a commercial sales office. NAME ADDRESS TELEPHONE �J) C'k( L, T-� I " 0 1 -1,- R S) g�-:� -0N�f �o3S 3c)q f4-)chctes-kl�. .ILAj4-1-Q 306 4ckct—e51- Dr. 2-0 3 P L Page of 6 This petitions contains the names of those Residents of the Thousand Oaks Sub - Division, Georgetown, Texas who are in direct opposition to the City of Georgetown granting a permit and/or variance to Buffington Homes, Inc. for the following: Whereby Buffington Homes would be allowed to utilize the house constructed at 1000 Woodview, Lot 1, Section 1, Thousand Oaks Sub -Division (Zoned RS1) as a commercial sales office. NAME ADDRESS TELEPHONE 12 Page of 6 This petitions contains the names of those Residents of the Thousand Oaks Sub - Division, Georgetown, Texas who are in direct opposition to the City of Georgetown granting a permit and/or variance to Buffington Homes, Inc. for the following: Whereby Buffington Homes would be allowed to utilize the house constructed at 1000 Woodview, Lot 1, Section 1, Thousand Oaks Sub -Division (Zoned RS1) as a commercial sales office. N4M�- ADDRESS TELEPHONE Ic2 -<<(3C) Page of III This petitions contains the names of those Residents of the Thousand Oaks Sub - Division, Georgetown, ,texas who are in direct opposition to the City of Georgetown granting a permit and/or variance to Buffington Homes, Inc. for the following: Whereby Buffington Homes would be allowed to utilize the house constructed at 1000 Woodview, Lot 1, Section 1, Thousand Oaks Sub -Division (Zoned RS1) as a commercial sales office. NAME ADDRESS TELEPHONE J 0, 1 � 0 2 l ��00 oo-iPoc)r Qn , Vj ')a 16 d � Sa 3 ko -tt-, 6 6 r- lavi %M' d1j, it) r7 ilz /(I)vl zQ S(03 n c,or 1� 80 �-- of Page '1'I1is petitions contains tlic uHutes of chose Residents of the Thousand Oaks Sttb- Division, Geor.getowu, Texas who are In direct opposition to the Citv of Georgetown granting a permit and/or variance to Buffington Homes, Inc. for the following: Whereby Buffington Homes would be allowed to utilize the house constructed at 1000 Woodview, Lot 1, Section 1, ,rhousand Oaks Sub -Division Voned RSI) as a commercial sales office. NAME ADDRESS TELEPHONE s� zqZ 2,6Y P u r� Page of G , S�3 �36a� < L J el 0 OP 12 l °- \ ..•` n t .,.•: :;_ r ✓ . ♦ ,r/ ,` 'moo 't � d w /: r �•�, �• - Jp % o 4.1 4- % Al, tW \% V, ID 2102 c D 1;171 RN. f <cf) tx _ _ _ y 0 ®R - 44-w- CO. 0 slo", 01 N likOr-f' C\j Cli I o ED C\l ro KAOnf=l WMAP I (IT Amr) DC:TlTlnkl C-%Ir-%&I A -reimr-c% Council meeting date: 9-26-95 Item No. ir AGENDA ITEM COVER SHEET SUBJECT Meeting Minutes of Special Meeting on Thursday, September 7, and Regular City Council Meeting on Tuesday, September 12, 1995. ATTACHMENTS 1. Minutes of Regular City Council Meeting of Tuesday, September 12, 1995 (The minutes of the Special Meeting on Thursday, September 7, 1995, will be provided on the dias.) Sub ed By: �- ' Sandra D. Lee, City Secretary MINUTES OF THE MEETING OF THE GOVERNING BODY OF THE CITY OF GEORGETOWN, TEXAS Council Present: George Arroyos Lee Bain Doris Curl Susan Hoyt Ferd Tonn Dick Vincent Staff Present: TUESDAY, September 12, 1995 Bob Hart, City Manager Marianne Banks, City Attorney Council Absent: Winfred Bonner Micki Rundell, Acctg. Supervisor Dave Hall, Building Official Sandra Lee, City Secretary Shawn Enos, Building Inspector Ed Barry, Dir. of Dev. Svcs Molly Alexander, CVB Coordinator Susan Morgan, Dir. of Finance & Admin. Jim Briggs, Dir. of Community Owned Utilities Hartley Sappington, Dir. of Community Services Elizabeth Gray, Dir. of Management Services Workshop --Called to order 5:30 p.m. A Review a rate request by Longhorn Disposal for solid waste collection/Hartley Sappington Longhorn Community Disposal General Manager John Albert explained to Council the need for the additional amount requested particularly due to increased fees at the landfills. He provided to Council comparisons of the rates charged by other cities in the area; a rate history for the City of Georgetown; and a history of the landfill prices in the area. Regular Session - (To convene Executive Session) Executive Session B Sec.551.071 consultation with attorney C Sec.551.072 deliberation on real property D Sec.551.075 conference with employee Regular Session - Called to order at 7:10 p.m. City Council Minutes/September 12, 1995 Page 1 of 10 Pages E Action on Executive Session items There was no action taken on Executive Session items. Consent Agenda F Consideration of approval of meeting minutes --Regular Meeting of August 22, 1995/Sandra Lee G Consideration of approval of a Letter of Understanding with Maxwell, Locke & Ritter, P.C. to perform the independent audit of City accounts for fiscal year ended September 30, 1995/Susan Morgan and Bob Hart Curl questioned the increased fee. Morgan explained that the Georgetown Budget is a very involved municipal budget and that the City is requesting more information from the auditors this year. Morgan said the contract would be up for renewal in the spring. At that time, the City will send out Requests for Proposal to be based on certain qualifications. Morgan reminded Council that the audtor candidates are reviewed and interviewed by a Council Subcommittee appointed by the Mayor. e H Consideration of a resolution setting a public hearing date for consideration of the proposed water and wastewater improvement programs for the impact fee study and adoption of water and wastewater impact fees/Ed Barry I Consideration of a lease agreement with the Community Supervision and Correction Department of Williamson County to maintain the Pecan Grove/Bob Hart Curl encouraged use of this type of program in other areas and suggested they be asked to expand their garden to help provide food for the "Meals on Wheels" program sponsored by WBCO. J Authorization for payment of two (2) deductibles to National Casualty Company/Hartley Sappington K Authorization for Councilmembers to attend the National Casualty Company/Hartley Sappington (pulled by City Manager due to typographical error in the posting) L Consideration of a contract with 1113 Architects, Inc. for construction of a building for Reedholm Instruments under the Texas Capital Fund Program/Marianne Banks There were questions from Wood and Bain about 1113 Architects. Hart explained that they are a local firm working on renovating the Old Produce Warehouse near the Courthouse Annex. They have been doing the design work on the Reedholm Building without a City Council Minutes/September 12, 1995 Page 2 of 10 Pages contract. With approval of this contract, they will be paid out of the grant money which will be reimbursed by the Reedholms. M Pulled. (See Regular Agenda) N Consideration of a resolution withdrawing the intent to create a gas distribution system to serve Sun City/Bob Hart O Consideration of the termination of a contract with Dennis Worley, Engineers/Bob Hart P Consideration of a resolution awarding the bid for the Fiscal Year 1996 Health Insurance to MetraHealth, Inc. (PPO) and MetraHealth Care Plans of TX (HMO)/Elizabeth Gray Curl thanked the City employees who were involved in choosing the best bargain for the City. It was noted that the broker, Hutch Hubby, is a local business owner. Bain asked about the total dollar amount for this year's City contributions. Gray replied that the amount is almost the same as last year, but will serve an increased number of employees. Q Consideration of approval of a contract with Dorcon, Inc. for complete design work and cost estimates for the remodeling of the City Offices in an amount not to exceed $19,300.00/Terry Jones and Hartley Sappington Curl inquired as to the type of structural renovations that would be done to support the upstairs floor, whether roof repairs would be done, and if the Heritage Society could have input on the changes that would effect the Visitor Center? Sappington indicated that support columns would be poured at a minimal interruption to existing work spaces, and that all remodeling efforts would include improving the customer flow at the Visitor Center. Bain asked if the contractor had worked before for the City. Sappington replied that he has done T-hangars at the Airport. R Consideration of approval of Garney Companies Change Order #1 to upsize the Pecan Branch Wastewater Line in the amount of $78, 1 19.08/Jim Briggs Bain inquired and was told that the property owners were paying for the cost of the upsizing upfront and that the fees have already been paid. S Consideration of approval of a request to the Texas Department of Transportation to lower the speed limit on West Highway 29 from Interstate 35 to just west of D. B. Wood Road/Bob Hart City Council Minutes/September 12, 1995 Page 3 of 10 Pages Curl asked if there was more support than just from the letter copied in the agenda packet. Hart replied that this request was also supported by First Baptist Church and residents in the area. T Consideration of a resolution authorizing the Mayor to sign two deeds conveying property to the Texas Department of Transportation for widening of the bridge on Highway 29/1V4arianne Banks Motion by Tonn, second by Vincent to approve the Consent Agenda with the exception of Items KK and M. Approved 6-0. (Bonner absent due to illness) Regular Agenda U Citizens wishing to address the Council Sam Gardner of 207 John Thomas informed Council that the construction in area is creating problems. Many people drive too fast on the winding road with obstructed views. There are lots of walkers early and late in the day. Gardner presented a petition showing that 27 of the 30 residents contacted would like a reasonable speed limit posted and enforced for that area. He told Council that Austin has a "Speed Hump Project" that he would like to see started in Georgetown. Wood acknowledged receipt of the petition. Wood recognized, in the audience, Lone Star Gas officials Bill Smith, Jody Butler, Richard Bone and Doug McCall. Arroyos thanked City staff for their assistance with Fiesta San Jose. Bill Miller of Berry Creek spoke to Council regarding the proposed variance to impervious cover that would be coming before them sometime in the near future, to which he is very much opposed, saying that he feels the variance is being requested purely for the economic gain of the developer. V Mayor, Council, City Manager, and staff comments and reports • TML Regional Meeting in Round Rock on Friday, September 29 • TML Legislative Policy Committee Appointments Hart asked Council to let him know if they were interested in serving on the Legislative Policy Committees. Mayor reported that the National Highway System has been proposed in the House of Representatives and that MOKAN is a part of it. Wood asked that Item CC be addressed at this time on the agenda. City Council Minutes/September 12, 1995 Page 4 of 10 Pages CC Authorization for distribution of funds received in a grant to the Mayor through the American Hometown Leaders Award Program sponsored by the National Association of Towns and Townships and Wa1Mart stores/Mayor Wood Wood asked Eunice Blair, President of the G.I.V.E. Board to come forward. Mrs. Blair announced that she had nominated Wood for the leadership award because of his constant sustained support for the G.I. V.E. Program. Wood also invited Jeri Manhal, Executive Director of G.I.V.E. and Karen Hill, Chair of the Georgetown Heritage Society to come forward. Wood thanked Blair and the G.I.V.E. Board, and announced that $3000 of the $5000 award would be given to the G.I.V.E. Program, and $1000 would be given to the Heritage Society for the Grace Church Fund. Wood said that because he had promised the bond rating agencies in New York that the City would assist the General Fund whenever possible, $1000 would go to the General Fund. Motion by Bain, second by Vincent to approve the Mayor's recommended distribution of the award funds. Approved 6-0. Hill thanked Wood and the Council for the $1000 for the Grace Church Fund. • LCRA Birthday Cake (30 minutes) Wood recognized Robert Long with LCRA. On September 12, 49 years ago, Georgetown first took power from LCRA. In honor of that anniversary, Long served cake to those in attendance at the Council Meeting. 7:50 p.m. break for cake resumed at 8:07 p.m. W Second reading of an ordinance to rezone Stonehedge Subdivision, Section Three, Block J, Lot 31, from A, Agricultural to RS, Single Family or any more restrictive classification/Ed Barry and Hildy Kingma Barry read the caption. Motion by Tonn, second by Vincent to approve Ordinance 95-39 on second reading. Approved 6-0. X Second reading of an ordinance to rezone Stonehedge Subdivision, Sections One and Two from A, Agricultural to RS, Residential Single Family/Ed Barry and Hildy Kingma Pulled at the request of the applicant. Y Second reading of an ordinance to require the Municipal Court Judge, that is appointed by the Council, to set the minimum fine amounts for Class "C" Misdemeanors falling within the Municipal Court's jurisdiction/Susan Morgan and Laurie Brewer City Council Minutes/September 12, 1995 Page 5 of 10 Pages Morgan read the caption. Curl asked if Council should receive recommendations from the Judge and then adopt this ordinance. Banks and Morgan explained that this ordinance would allow the Judge to choose the rate within a range prescribed by the State. Motion by Curl, second by Bain to approve Ordinance No. 95-41 on second reading. Approved 6-0. Hoyt asked for a copy of the new rates. Morgan assured them that Judge would provide a copy of the rates for Council. Z Second reading of an ordinance amending Chapters 8.04 and 2.32, and Title 15 of the Code of Ordinances, providing the adoption of updated versions of the Building and Electrical Construction Codes/Ed Barry and David Hall Hall read the caption. Motion by Tonn, second by Curl to approve Ordinance 95-42 on second reading. Approved 6-0. AA Second reading of an ordinance amending Chapter 2.60 of the Code of Ordinances for the Board of Electrical Examiners/Ed Barry and David Hall Hall read the caption. Motion by Vincent, second by Hoyt to approve Ordinance 95-43 on second reading. Approved 6-0. Bain expressed concern about the wording of Section 2 of the ordinance and asked for clarification. Banks said the language would be clarified. BB Second reading of an ordinance adopting revisions to the City's Subdivision Regulations/Ed Barry and Hildy Kingma Barry read the caption. Motion by Tonn, second by Curl to approve Ordinance 95-44 on second reading. Approved 6-0. DD Request for Council guidance related to revisions to the Zoning Ordinance to allow model homes in the' R' zoning districts, and to allow a model home to operate at 1000 Woodview Drive specifically/Hildy Kingma and Ed Barry Barry explained that this guidance request concerned two issues. The first issue was how to address model homes throughout Georgetown, and the second issue was how to address the model home at 1000 Woodview Drive. Barry explained that staff has tried to work with the homebuilders in the area. He suggested that since there were a number of issues to deal with, a workshop could be scheduled to discuss the issues, or Council could send this item City Council Minutes/September 12, 1995 Page 6 of 10 Pages back to Planning and Zoning for recommendations. Barry reminded Council that a petition had been submitted by the neighbors in the area. Tom Casey of 214 Rockcrest Drive stated that Buffington Homes had never built before in 1000 Oaks Subdivision., He explained that the neighborhood's first concern was for two very large signs that would have created viewing difficulties on the corner. Planning and Zoning denied the signs. Casey said that the builder stated at the P & Z Meeting that the model was built as a marketing method to compete with the more visible homes of other builders. Casey and other residents feel that the lighting is obtrusive and the sidewalks installed on two sides of the corner location are in response to a regulation in the Sierra Vista section where the builder is actually constructing homes. Sidewalks were not required when 1000 Oaks Subdivision was built because the area had not yet been annexed. Casey suggested that if the builder would be willing to put sidewalks throughout the rest of the neighborhood, the neighbors would not oppose the model home. When asked by Council if the model home was operating at this time, City Building Inspector David Hall replied that a temporary final permit had been issued stating on the permit that permission was granted to operate pending City Council decision. Barry stated that lights are allowed as long as they are directed not to shine into the neighbor's yards. Wood asked Banks to make a recommendation for Council action. Banks said the City Council could revoke the permit, but the builder would then have grounds for a claim against the City. Curl emphasized again that the City needs an urban design plan because of the increased growth. She asked for a workshop and resurrection of the urban design committee. Banks advised Council that if this model home is found in violation, all existing model homes in the City would also be found in violation except those in Churchill Farms because they were in existence before the area was annexed, and those in Sun City because they were handled under the regulations for a Planned Unit Development. Motion by Hoyt, second by Bain to hold a workshop to discuss these issues at the Council Meeting on September 26, and revoke the temporary permit until after the next meeting. Arroyos asked what kind of risk this would be for city staff. Banks repeated that the builder would have a valid claim. Approved 5-1 (Arroyos opposed) EE Consideration of an amendment to increase rates in the collection and disposal of the solid waste contract with Longhorn Disposal/Hartley Sappington Wood asked for the difference between this item and Item JJ. Hart explained that this increase would be in addition to the amount in the ordinance. Wood asked what amount of City Council Minutes/September 12, 1995 Page 7 of 10 Pages increase would be needed to cover the increased tipping fees. Sappington replied that about $0.10 of the requested increase would cover the tipping fees, but another increase from the landfill is anticipated in February. Motion by Tonn, second by Hoyt to give Longhorn $0.10 cents on residential service and 1.2% on commercial service to cover the cost of the tipping fees. Approved 6-0. FF First reading of an ordinance amending the 1994/95 Annual Operating Plan Element (budget) to offset variances in various fund budgets for increases in expenditures that are tied to service requests or revenue collection rates, to properly account for grant expenditures, and to reclass expenditures between funds/Micki Rundell and Susan Morgan Morgan stated that this is a "clean-up" item for the current budget. She said that the most significant item pertained to sanitation revenue. Morgan said that sales are up, and this increase was passed through to Longhorn. Also, a small grant was received for the Airport and that money needs to be passed through. Morgan read the caption. Motion by Bain, second by Hoyt Approved 6-0. GG First reading of an ordinance adopting an Annual Operating Plan Element of the Georgetown Century Plan (budget) for the fiscal year beginning October 1, 1995, and ending September 30, 1996; adopting the Annual Amendment to the Century Plan/Susan Morgan and Bob Hart Morgan explained that this ordinance adopts the budget with a few minor changes having occurred such as the elimination of the items that had been included for the proposed gas distribution system. Morgan read the caption only on first reading after satisfying the requirements of the Charter. Motion by Tonn, second by Vincent to approve this ordinance on first reading. Approved 6-0. HH First reading of an ordinance amending Sec.2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances/Susan Morgan and Bob Hart Morgan explained that this ordinance sets up the operating divisions. She noted that changes were pointed out in the item cover sheet. Morgan read the caption on first reading after satisfying the requirements of the Charter. Motion by Bain, second by Tonn to approve this ordinance on first reading. Approved 6-0. II First reading of an ordinance levying a tax rate for the City of Georgetown for the tax year 1995/Susan Morgan and Bob Hart City Council Minutes/September 12, 1995 Page 8 of 10 Pages Morgan read the caption only on first reading after satisfying the requirements of the Charter. Tonn asked if the deletion of the proposed gas distribution system would effect the tax rate. Hart explained that the gas system would have been covered by the Del Webb SIP fees. Wood asked for a motion to adopt the 37 cent rate. Motion by Vincent, second by Bain to approve this ordinance on first reading. Approved 6-0. JJ First reading of an ordinance amending solid waste disposal rates/Susan Morgan and Bob Hart Morgan noted that on second reading this ordinance would reflect the motion made earlier on the agenda to include the $0.10 increase rather than $0.75. Morgan read the caption only on first reading after satisfying the requirements of the Charter. Motion by Tonn, second by Hoyt to approve this ordinance on first reading. Approved 6-0. KK First reading of an ordinance establishing water and sewer rates for customers in the Berry Creek service area for billing permits after September 30, 1995/Susan Morgan Jack Milanese of Berry Creek said he feels the Berry Creek residents are not receiving the same services as other areas in the ETJ and would like for the water rates to be held as they are until the services increase or until the water supply is adequate. Bill Miller said that he would like to echo the previous remarks. He told Council that he feels that the current water system is the same inadequate one, so why should the Berry Creek residents pay more? He asked who pays for the laying of the water lines to supply the area with water. He suggested delaying the increase until the line is laid and the service is improved. Hart explained that the general policy is that the user/developer bears the cost. All improvements in the Georgetown water system are provided through revenues from the entire system. Morgan read the caption only on first reading after satisfying the requirements of the Charter. Morgan explained that the Council had passed a special ordinance back in March, when the system was purchased, to allow the residents to remain on their old rate, because the improvements would not be possible until the next fiscal year. She explained that the ordinance was written to expire in September. She advised that if the improvements are not done, the system will not be adequate. Motion by Hoyt, second by Vincent to approve this ordinance on first reading. Approved 6-0. Curl asked if the City was making plans for water conservation. Hart said the staff recommends that the Council look at the options in early Spring. The City is participating in the Trans -Texas Study and investigating all the other nearby water systems along with City Council Minutes/September 12, 1995 Page 9 of 10 Pages options for long-term water supplies. Hart said that rationing would probably be dealt with at the treatment plant level regarding peak use. LL First reading of an ordinance amending the fuel flowage fee rates charged at the Georgetown Municipal Airport/Travis McLain and Hartley Sappington McLain read the ordinance. Motion by Vincent, second by Hoyt to approve this ordinance on first reading. Approved 5-0. (Curl abstained) M Consideration of a development agreement concerning payment of improvements by Russell Laundromat/Marianne Banks Bain had a question about enforcement of payment. Banks explained that the City could either sue or turn off utilities. Motion by Tonn, second by Hoyt to approve the development agreement. Approved 6-0. MM Final comments and evaluation of meeting process 0 There were no final comments. The meeting was adjourned at 9:27 p.m. Approved: Leo Wood, Mayor City Council Minutes/September 12, 1995 Page 10 of 10 Pages Attest: Sandra D. Lee, City Secretary Council Meeting Date: 09-26-95 Item No. rr AGENDA ITEM COVER SHEET SUBJECT: A resolution approving funding agreements with the following agencies to continue to provide social services to residents of Georgetown: WBCO/Williamson County Crisis Center ($10,000.00), Literacy Council of Williamson County ($2,500.00), WBCO/Nutrition Services ($3,000.00), Stonehaven Center ($12,000.00), WBCO/Transportation Services ($5,000.00), the Williamson County and Cities Health District ($22,500.00), and the Georgetown Information and Volunteer Exchange ($10,000.00). ITEM SUMMARY: The Williamson County Crisis Center provides support services to the victims of sexual assault and family violence for the citizens of Georgetown. Services will include a 24-hour Crisis Hotline, Shelter, Information, Counseling, Accompaniment, Referrals, and Educational Services. Approximately 350 adults and children are served by the WBCO Crisis Center each year. Additionally, approximately 5,000 meals are provided to clients each year. This agreement was initiated in 1989 and the level of funding has remained the same. The Literacy Council of Williamson County provides reading and writing education services to the citizens of Georgetown. The Literacy Council provides basic reading instruction to Georgetown residents and inmates of the Williamson County Jail. They serve approximately 400 persons each year. This agreement was initiated in 1989, at $1,000.00, and increased to $2,500.00 in FY 1994/95. The agreement with WBCO for Nutrition Services provides partial funding to WBCO for provision of nutritional services for the elderly and homebound citizens of Georgetown. WBCO provides approximately 60,000 meals a year to citizens of Georgetown and all of Williamson County. This agreement was initiated in 1990/91 at this same level of funding. The Stonehaven Center provides health prevention and education activities, as well as recreational and social activities, for citizens over fifty (50) years of age in Georgetown and surrounding communities. The Center has provided these services for the City in the past and desires to continue to provide these services. The agreement was increased to $12,000.00 in 1992/93. The agreement with WBCO for transportation services provides general public transportation for the citizens of Georgetown and surrounding communities, with emphasis on the elderly and handicapped. Destinations include visits to medical facilities/doctors, grocery stores and other merchants, post office, etc. Each year, WBCO makes approximately 24,000 trips inside the Georgetown city limits. This agreement was initiated in 1989 and the level of funding has remained the same. The Williamson County and Cities Health District provides public health services to the citizens of Georgetown. In 1994/95, 13,237 persons were served by the County Health District. These services included WIC food and education, immunizations, prenatal and maternity counseling/monitoring and early childhood physical and psychological health services. This agreement was initiated in 1986 at $12,000.00. It was increased to $18,000.00 in 1990, and to $22,500.00 in FY 1994/95. The Georgetown Information and Volunteer Exchange (GIVE) provides linkage services between volunteers and community agencies, provides opportunities for volunteerism in the community, and information and referral services for people. The Agency was established in 1993. The Council has provided $10,000.00 support each year. SPECIAL CONSIDERATIONS: None FINANCIAL IMPACT: The City agrees to pay to social service agencies from General Government Contracts as follows: WBCO/Williamson County Crisis Center (Quarterly, beginning 10/15/95) ............ . Literacy Council of Williamson County (Quarterly, beginning 10/15/95) $10,000.00 WBCO/Nutrition Services (Quarterly, beginning 10/15/95) 2,500.00 Stonehaven Center, Inc. (First payment 10/15/95, then monthly beginning 11/01/95) 3,000.00 WBCO/Transportation Services (Quarterly, beginning 10/15/95) ...... ' . ' ' ' .. ' ' . ' ' ' ' .... • .. • • ...... 12,000.00 5000.00 Williamson County & Cities Health District (First payment 10/15/95, then monthly beginning 11/01/95) ..................... 22,500.00 Georgetown Information and Volunteer Exchange (Quarterly, beginning 10/15/95)..................................... 10,000.00 COMMENTS: None ATTACHMENTS 1. Resolution 2. Funding Agreements are available for inspection in the office of the City Secretary. Submitt By' Hartley Sappington, Director of Community Services RESOLUTION No. A RESOLUTION APPROVING FUNDING AGREEMENTS BETWEEN THE CITY OF GEORGETOWN AND WBCO/WILLIAMSON COUNTY CRISIS CENTER, LITERACY COUNCIL OF WILLIAMSON COUNTY, WBCO/NUTRITIONAL SERVICES, STONEHAVEN CENTER, INC., WBCO/TRANSPORTATION SERVICES, THE WILLIAMSON COUNTY AND CITIES HEALTH DISTRICT, AND THE GEORGETOWN INFORMATION AND VOLUNTEER EXCHANGE FOR THESE AGENCIES AND ORGANIZATIONS TO CONTINUE TO PROVIDE SUPPORT SERVICES TO THE CITIZENS OF GEORGETOWN AND AUTHORIZING THE MAYOR TO EXECUTE SAME AND THE CITY SECRETARY TO ATTEST. WHEREAS, the City Council finds that the provision of support services to the victims of sexual assault and family violence, and nutritional services for the elderly and homebound citizens of Georgetown, and general public transportation services for the citizens of Georgetown and surrounding areas who need such services is beneficial to the entire community; and, WHEREAS,the City of Georgetown and Williamson -Burnet County Opportunities, Inc. (WBCO), a community action agency, desire to enter into an Agreement for WBCO to provide support services to the victims of sexual assault and family violence for the citizens of Georgetown through the Williamson County Crisis Center, nutritional services for the elderly and homebound citizens of Georgetown, and general public transportation services for the citizens of Georgetown and surrounding communities with emphasis on the elderly and handicapped; and, WHEREAS,the City of Georgetown and the Literacy Council of Williamson County (LCWC) desire to enter into an Agreement for the LCWC to provide basic reading instruction to Georgetown residents; and, WHEREAS, the City of Georgetown and the Stonehaven Center, Inc., desire to enter into an Agreement for the Stonehaven Center, Inc., to provide recreational, social, and health prevention and educational services to citizens over fifty (50) years of age in Georgetown and surrounding communities; and, WHEREAS,the City of Georgetown and the Williamson County and Cities Health 1995/96 FUNDING AGREEMENTS Resolution No. Page 1 of 2 District desire to enter into an Agreement for the Health District to provide public health services to the citizens of Georgetown (including WIC food and education, immunizations, prenatal and maternity counseling/monitoring and early childhood physical and psychological health services); and, WHEREAS,the City of Georgetown and the Georgetown Information and Volunteer Exchange desire to enter into an Agreement for the Georgetown Information and Volunteer Exchange to promote and support volunteer opportunities in the community; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: -SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council finds that this resolution implements Health and Human Services Policy #1 of the Century Plan - Policy Plan Element, which states, "The City will cooperate with public and private health and human services related organizations to assure that there are comprehensive and affordable services available"; and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The Mayor is hereby authorized to execute, and the City Secretary to attest thereto funding agreements with Williamson -Burnet County Opportunities, Inc., the Literacy Council of Williamson County, the Stonehaven Center, the Williamson County and Cities Health District, and the Georgetown Information and Volunteer Exchange on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this 26th day of September, 1995. ATTEST: Sandra Lee, City Secretary APPROVED AS TO FORM: Marianne Landers Banks, City Attorney 1995/96 FUNDING AGREEMENTS Resolution No. Page 2of2 THE CITY OF GEORGETOWN: Leo Wood, Mayor COUNTY OF WILLIAMSON § FUNDING AGREEMENT § BETWEEN THE § CITY OF GEORGETOWN AND § WILLIAMSON-BURNET COUNTY STATE OF TEXAS § OPPORTUNITIES, INC. This is an agreement between the City of Georgetown, a Texas Home Rule Municipal Corporation (hereinafter "City"), and Williamson -Burnet County Opportunities, Inc., a Texas non-profit corporation (hereinafter "WBCO"), for the City to provide funding for services received from WBCO for the fiscal year from October 1, 1995, through September 30, 1996. I. GENERAL AGREEMENT The City finds that the provision of support services to the victims of sexual assault and family violence for the citizens of Georgetown needing such services is beneficial to the entire community. WBCO, through the Williamson County Crisis Center, has provided these services for the City in the past and desires to continue to provide these services. Il. FUNDING In consideration for the services to be provided by WBCO, the City agrees to pay an amount not to exceed $10,000.00 for operational services, to be paid in equal quarterly installments by October 15, 1995 and January 1, 1996, April 1, 1996, and July 1, 1996. III. DUTIES WBCO agrees to provide the following as a condition of this Agreement: A. Support services to the victims of sexual assault and family violence including: 1. CRISIS HOTLINE Telephone access staffed by trained volunteers on a 24-hour basis. 2. SHELTER Victims will be provided safe accommodation for 24-72 hours, as necessary. 1995196 FUNDING AGREEMENT WBCO/Williamson County Crisis Center Page 1 3. INFORMATION Information concerning sexual assault and family violence crises. 4. COUNSELING Counseling for victims and their families is available throughout the crisis period. 5. ACCOMPANIMENT Victims will be accompanied to medical facilities, law enforcement agencies, court hearings and other social service agencies related to assault and family violence. 6. REFERRALS Information is provided for services that address needs beyond the scope of the Center. _ 7. EDUCATIONAL SERVICES Presentations and films are available for community groups and schools. B. WBCO agrees to provide City on or before March 15, 1996, and on or before September 15, 1996, a summary of the services provided by Center, the total number of persons served, and the number of Georgetown citizens served. C. WBCO covenants and agrees that the funding to be received under this Agreement shall be applied exclusively for staff costs, supply costs, and other operating expenses of Center activities and for no other purposes. IV. AMENDMENT AND ASSIGNMENT This Agreement shall not be altered, waived. amended or extended, without the prior written consent of both parties. WBCO may not assign this Agreement to another party without the prior written consent of the City. All notices regarding assignment shall be given as provided in Paragraph V. It is further agreed that this Agreement shall be binding upon the administrators, executors and assigns of the parties. 1995/96 FUNDING AGREEMENT WBCO/Williamson County Crisis Center Page 2 V. TERMINATION Either party may terminate this Agreement upon thirty (30) days written notice to the other party. Such notice shall be hand -delivered or sent by certified mail, return receipt requested, to the following addresses. - CITY: Bob Hart, City Manager City of Georgetown P. 0. Box 409 Georgetown, TX 78627-0409 WBCO: _ Executive Director WBCO, Inc. P. 0. Box 740 Georgetown, TX 78627-0740 Upon notice of termination, all obligations under this Agreement shall cease and the City shall only fund those expenses that actually were expended up to the notice of termination. EXECUTED this day of , 1995. THE CITY OF GEORGETOWN WILLIAMSON-BURNET COUNTY OPPORTUNITIES, INC. Leo Wood, Mayor ATTEST: Sandra Lee, City Secretary APPROVED AS TO FORM: Marianne Landers Banks, City Attorney Executive Director 1995/96 FUNDING AGREEMENT WBCO/Williamson County Crisis Center Page 3 STATE OF TEXAS § § CORPORATE ACKNOWLEDGEMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of 1995, by a person known to me, in his capacity as Executive Director of the Williamson -Burnet County Opportunities, Inc., a Texas nonprofit corporation, on behalf of said corporation. --SEAL Notary Public, in and for the State of Texas 1995196 FUNDING AGREEMENT WBCO/Williamson County Crisis Center Page 4 COUNTY OF WILLIAMSON § FUNDING AGREEMENT § BETWEEN THE § CITY OF GEORGETOWN AND § THE LITERACY COUNCIL OF STATE OF TEXAS § WILLIAMSON COUNTY This is an agreement between the City of Georgetown, a Texas Home Rule Municipal Corporation (hereinafter "City"), and Literacy Council of Williamson County (hereinafter "LCWC"), for the City to provide funding for services received from LCWC for the fiscal year from October 1, 1995, through September 30, 1996. I. GENERAL AGREEMENT The City finds that the provision of reading and writing education services to the citizens of Georgetown is beneficial to the entire community. LCWC has provided these services for the City in the past and desires to continue to provide these services. II. FUNDING In consideration for the services to be provided by LCWC, the City agrees to pay an amount not to exceed $2,500.00 for operational services, to be paid in equal quarterly installments by October 15, 1995, and on January 1, 1996, April 1, 1996, and July 1, 1996. III. DUTIES LCWC agrees to provide the following as a condition of this Agreement: A. Tutors to assist non -literate Georgetown citizens to read and write. B. LCWC agrees to provide City on or before March 15, 1995, and on or before September 15, 1995, a summary of the services provided by LCWC and the total number of Georgetown citizens served. C. LCWC covenants and agrees that the funding to be received under this Agreement shall be applied exclusively for staff costs, supply costs, and other operating expenses of LCWC Education Program and for no other purposes. 1995196 FUNDING AGREEMENT Literacy Council of Williamson County Page 1 IV. AMENDMENT AND ASSIGNMENT This Agreement shall not be altered, waived, amended or extended, without the prior written consent of both parties. LCWC may not assign this Agreement to another party without the prior written consent of the City. All notices regarding assignment shall be given as provided in Paragraph V. It is further agreed that this Agreement shall be binding upon the administrators, executors and assigns of the parties. V. TERMINATION -Either party may ferminate this Agreement upon thirty (30) days written notice to the other party. Such notice shall be hand -delivered or sent by certified mail, return receipt requested, to the following addresses: CITY: LITERACY COUNCIL OF WILLIAMSON COUNTY: Bob Hart, City Manager President City of Georgetown Literacy Council of Williamson County P. 0. Box 409 P. 0. Box 1977 Georgetown, Tx 78627-0409 Round Rock, Tx 78680 Upon notice of termination, all obligations under this Agreement shall cease and the City shall only fund those expenses that actually were expended up to the notice of termination. EXECUTED this THE CITY OF GEORGETOWN day of , 1995. LITERACY COUNCIL OF WILLIAMSON COUNTY Leo Wood, Mayor President ATTEST: APPROVED AS TO FORM: Sandra Lee, City Secretary Marianne Landers Banks, City Attorney 1995/96 FUNDING AGREEMENT Literacy Council of Williamson County Page 2 STATE OF TEXAS § § CORPORATE ACKNOWLEDGEMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of 1995, by a person known to me, in her capacity as President of the Literacy Council of Williamson County, on behalf of said corporation. SEAL Notary Public, in and for the State of Texas 1995/96 FUNDING AGREEMENT Literacy Council of Williamson County Page 3 COUNTY OF WILLIAMSON § FUNDING AGREEMENT § BETWEEN THE § CITY OF GEORGETOWN AND § WILLIAMSON-BURNET COUNTY STATE OF TEXAS § OPPORTUNITIES, INC. This is an agreement between the City of Georgetown, a Texas Home Rule Municipal Corporation (hereinafter "City"), and Williamson -Burnet County Opportunities, Inc., a Texas non-profit corporation (hereinafter "WBCO"), for the City to provide funding for services received from WBCO for the fiscal year from October 1, 1995, through September 30, 1996. I. GENERAL AGREEMENT The City finds that the provision of nutritional services for the elderly citizens of Georgetown and surrounding areas is beneficial to the entire community. WBCO has provided these services for the City in the past and desires to continue to provide these services. li. FUNDING In consideration for the services to be provided by WBCO, the City agrees to pay an amount not to exceed $3,000.00 for operational services, to be paid in equal quarterly installments by October 15, 1995, and on January 1, 1996, April 1, 1996, and July 1, 1996. III. DUTIES WBCO agrees to provide the following as a condition of this Agreement: A. Nutritional services for the elderly citizens of Georgetown. B. WBCO agrees to provide City on or before March 15, 1996, and on or before September 15, 1996, a summary of the Program's activities and the number of persons participating. 1995/96 FUNDING AGREEMENT WBCO/Nutrition Services Page 1 IV. AMENDMENT AND ASSIGNMENT This Agreement shall not be altered, waived, amended or extended, without the prior written consent of both parties. WBCO may not assign this Agreement to another party without the prior written consent of the City. All notices regarding assignment shall be given as provided in Paragraph V. It is further agreed that this Agreement shall be binding upon the administrators, executors and assigns of the parties. V. TERMINATION Eitherparty may terminate this Agreement upon thirty (30) days written notice to the other party. Such notice shall be hand -delivered or sent by certified mail, return receipt requested, to the following addresses: CITY OF GEORGETOWN: Bob Hart, City Manager P.O. Box 409 Georgetown, Texas 78627-0409 WILLIAMSON-BURNET COUNTY OPPORTUNITIES, INC.: Executive Director P.O. Box 740 Georgetown, Texas 78627-0740 Upon notice of termination, all obligations under this Agreement shall cease and the City shall only fund those expenses that actually were expended up to the notice of termination. EXECUTED this day of , 1995. THE CITY OF GEORGETOWN Leo Wood, Mayor ATTEST: Sandra Lee, City Secretary WILLIAMSON-BURNET COUNTY OPPORTUNITIES, INC. Executive Director APPROVED AS TO FORM: Marianne Landers Banks, City Attorney 1995/96 FUNDING AGREEMENT WBCO/Nutrition Services Page 2 STATE OF TEXAS § § CORPORATE ACKNOWLEDGEMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of 1995, by a person known to me, in his capacity as Executive Director of the Williamson -Burnet County Opportunities, Inc., a Texas nonprofit corporation, on behalf of said corporation. SEAL Notary Public, in and for the State of Texas 1995/96 FUNDING AGREEMENT WSCO/Nutrition Services Page 3 COUNTY OF WILLIAMSON § FUNDING AGREEMENT § BETWEEN THE § CITY OF GEORGETOWN § AND STATE OF TEXAS § STONEHAVEN CENTER, INC. This is an agreement between the City of Georgetown, a Texas Home Rule Municipal Corporation (hereinafter "City"), and Stonehaven Center, Inc., a Texas non-profit corporation (hereinafter "Center"), for the City to provide funding for services received from Center for the fiscal year from October 1, 1995, through September 30, 1996. _ I. GENERAL AGREEMENT The City finds that the provision of health prevention and health education activities for the citizens of Georgetown over fifty (50) years of age is beneficial to the community as a whole. Center has provided these services for the City in the past and desires to continue to provide these services. II. FUNDING In consideration for the services to be provided by Center, the City agrees to pay an amount not to exceed $12,000.00 for operational services, to be paid in equal monthly installments by October 15, 1995, and on November 1, 1995, December 1, 1995, January 1, 1996, February 1, 1996, March 1, 1996, April 1, 1996, May 1, 1996, June 1, 1996, July 1, 1996, August 1, 1996, and September 1, 1996. III. DUTIES Center agrees to provide the following as a condition of this Agreement: A. Recreation, social, and health prevention and health education activities to citizens of Georgetown and surrounding communities, who are fifty (50) years of age. B. Publish monthly in a local newspaper, at Center's expense, a schedule of all activities, to make citizens aware of its programs. 1995/96 FUNDING AGREEMENT Stonehaven Center, Inc. Page 1 C. Center agrees to provide City on or before March 15, 1996, and on or before September 15, 1996, a summary of the Center's activities, and the total number of persons participating in its activities. D. Provide an annual financial report to City based on Center's fiscal year reflecting Center's income and expenditures. Further, when requested, to provide to City, statements of accounts for services and expenses incurred. Center agrees to keep accurate records of all accounts in the form and manner of generally accepted accounting principles and make same available to City upon request. E. Center covenants and agrees that the funding to be received under this Agreement shall be applied exclusively for staff costs, supply costs, and other operating expenses of Center Programs and for no other purposes. IV. AMENDMENT AND ASSIGNMENT This Agreement shall not be altered, waived, amended or extended, without the prior written consent of both parties. Center may not assign this Agreement to another party without the prior written consent of the City. All notices regarding assignment shall be given as provided in Paragraph V. It is further agreed that this Agreement shall be binding upon the administrators, executors and assigns of the parties. V. TERMINATION Either party may terminate this Agreement upon thirty (30) days written notice to the other party. Such notice shall be hand -delivered or sent by certified mail, return receipt requested, to the following addresses: CITY: Bob Hart, City Manager City of Georgetown P.O. Box 409 Georgetown, Texas 78627-0409 STONEHAVEN CENTER, INC.: President Stonehaven Center, Inc. 1704 Hart Street Georgetown, Texas 78626 Upon notice of termination, all obligations under this Agreement shall cease and the City shall only fund those expenses that actually were expended up to the notice of termination. 1995196 FUNDING AGREEMENT Stonehaven Center; Inc. Page 2 EXECUTED this day of , 1995. THE CITY OF GEORGETOWN STONEHAVEN CENTER, INC. Leo Wood, Mayor ATTEST: Sandra -Lee, City Secretary APPROVED AS TO FORM: Marianne Landers Banks, City Attorney President 1995/96 FUNDING AGREEMENT Stonehaven Center, Inc. Page 3 STATE OF TEXAS § § CORPORATE ACKNOWLEDGEMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of , 1995, by , a person known to me, in his capacity as President of the Stonehaven Center, Inc., a Texas nonprofit corporation, on behalf of said corporation. SEAL Notary Public, in and for the State of Texas 1995/96 FUNDING AGREEMENT Stonehaven Center, Inc. Page 4 COUNTY OF WILLIAMSON § FUNDING AGREEMENT § BETWEEN THE § CITY OF GEORGETOWN AND § WILLIAMSON-BURNET COUNTY STATE OF TEXAS § OPPORTUNITIES, INC. This is an agreement between the City of Georgetown, a Texas Home Rule Municipal Corporation (hereinafter "City"), and Williamson -Burnet County Opportunities, Inc., a Texas non-profit corporation (hereinafter "WBCO"), for the City to provide funding for services received from WBCO for the fiscal year from October 1, 1995, through September 30, 1996. I. GENERAL AGREEMENT The City seeks to have available public transportation services for the citizens of Georgetown and surrounding areas with emphasis on the elderly and handicapped. Destinations will include, but not be limited to, medical facilities, grocery stores and other merchants, post office, doctors, etc. WBCO has provided these services for the City in the past and desires to continue to provide these services. II. FUNDING In consideration for the services to be provided by WBCO, the City agrees to pay an amount not to exceed $5,000.00 for operational services, to be paid in equal quarterly installments on October 15, 1995, and January 1, 1996, April 1, 1996, and July 1, 1996. III. DUTIES WBCO agrees to provide the following as a condition of this Agreement: A. General public transportation services for the citizens of Georgetown and surrounding areas with emphasis on the elderly and handicapped. Destinations will include, but not be limited to, medical facilities, grocery stores and other merchants, post office, doctors, etc. B. WBCO agrees to provide City on or before March 15, 1996, and on or before September 15, 1996, a summary of the services provided by WBCO, the total number of persons served and the number of Georgetown citizens served. 1995/96 FUNDING AGREEMENT WBCO/Transportation Services Page 1 C. WBCO covenants and agrees that the funding to be received under this Agreement shall be applied exclusively for staff costs, supply costs, and other operating expenses of WBCO Transportation Program and for no other purposes. IV. AMENDMENT AND ASSIGNMENT This Agreement shall not be altered, waived, amended or extended, without the prior written consent of both parties. WBCO may not assign this Agreement to another party without the prior written consent of the City. All notices regarding assignment shall be given as provided in Paragraph V. It is further agreed that this Agreement shall be binding upon the administrators, executors and assigns of the parties. V. TERMINATION Either party may terminate this Agreement upon thirty (30) days written notice to the other party. Such notice shall be hand -delivered or sent by certified mail, return receipt requested, to the following addresses: CITY. Bob Hart, City Manager City of Georgetown P. 0. Box 409 Georgetown, Texas 78627-0409 WILLIAMSON-BURNET COUNTY OPPORTUNITIES, INC. Executive Director WBCO, Inc. P. 0. Box 740 Georgetown, Texas 78627-0740 Upon notice of termination, all obligations under this Agreement shall cease and the City shall only fund those expenses that actually were expended up to the notice of termination. 1995/96 FUNDING AGREEMENT WSCO/Transportation Services Page 2 EXECUTED this day of 11995. THE CITY OF GEORGETOWN Leo Wood, Mayor ATTEST: Sandra Lee, City Secretary WILLIAMSON-BURNET COUNTY OPPORTUNITIES, INC. Executive Director APPROVED AS TO FORM: Marianne Landers Banks, City Attorney 1995/96 FUNDING AGREEMENT WBCO/Transportation Services Page 3 STATE OF TEXAS § § CORPORATE ACKNOWLEDGEMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of , 1995, by , a person known to me, in his capacity as Executive Director of the Williamson -Burnet County Opportunities, Inc., a Texas nonprofit corporation, on behalf of said corporation. SEAL Notary Public, in and for the State of Texas 1995/96 FUNDING AGREEMENT WSCO/Transportabon Services Page 4 COUNTY OF WILLIAMSON § FUNDING AGREEMENT § BETWEEN THE § CITY OF GEORGETOWN AND § THE WILLIAMSON COUNTY AND STATE OF TEXAS § CITIES HEALTH DISTRICT This is an agreement between the City of Georgetown, a Texas Home Rule Municipal Corporation (hereinafter "City"), and Williamson County and Cities Health District (hereinafter "WCCHD"), for the City to provide funding for services received from WCCHD for the fiscal year from October 1, 1995, through September 30, 1996. I. GENERAL AGREEMENT The City finds that the provision of public health services to the citizens of Georgetown is essential to maintaining a healthy environment in which to live. WCCHD has provided these services for the City in the past and desires to continue to provide these services. II. FUNDING In consideration for the services to be provided by WCCHD, the City agrees to pay an amount not to exceed $22,500.00 for operational services, to be paid in equal monthly installments by October 15, 1995, and on November 1, 1995, December 1, 1995, January 1, 1996, February 1, 1996, March 1, 1996, April 1, 1996, May 1, 1996, June 1, 1996, July 11 1996, August 1, 1996, and September 1, 1996. III. DUTIES WCCHD agrees to provide the following as a condition of this Agreement: A. Personal health care services which include, but are not limited to, pre -and post -natal care clinics, immunization clinics, TB clinics, and sexually transmitted and infectious disease clinics and counseling services. B. Environmental health services which include, but are not limited to, septic system permitting, inspection of food establishments and education and registration of food handlers. C. Other counseling, preventive, and educational health services which may be of benefit to the community. 1995/96 FUNDING AGREEMENT Williamson County and Cities Health District Page 1 D. WCCHD agrees to provide City on or before March 15, 1996, and on or before September 15, 1996, the total number of persons served and the number of Georgetown citizens served. E. WCCHD agrees to provide City a copy of its annual outside audit for the District's fiscal year. IV. AMENDMENT AND ASSIGNMENT This Agreement shall not be altered, waived, amended or extended, without the prior written consent of both parties. WCCHD may not assign this Agreement to another party without the prior written consent of the City. All notice regarding assignment shall be given as provided in Paragraph V. It is further agreed that this Agreement shall be binding upon the administrators, executors and assigns of the parties. V. TERMINATION Either party may terminate this Agreement upon thirty (30) days written notice to the other party. Such notice shall be hand -delivered or sent by certified mail, return receipt requested, to the following addresses: CITY. Bob Hart, City Manager City of Georgetown P. 0. Box 409 WILLIAMSON COUNTY AND CITIES HEALTH DISTRICT Director Williamson County and Cities Health District P. 0. Box 570 Georgetown, Texas 78627-0409 Georgetown, Texas 78627-0570 Upon notice of termination, all obligations under this Agreement shall cease and the City shall only fund those expenses that actually were expended up to the notice of termination. 1995/96 FUNDING AGREEMENT Williamson County and Cities Health District Page 2 EXECUTED this day of , 1995. THE CITY OF GEORGETOWN Leo Wood, Mayor ATTEST: Sandra Lee, City Secretary WILLIAMSON COUNTY AND CITIES HEALTH DISTRICT Director APPROVED AS TO FORM: Marianne Landers Banks, City Attorney 1995/96 FUNDING AGREEMENT Williamson County and Cities Health District Page 3 STATE OF TEXAS § § CORPORATE ACKNOWLEDGEMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of , 1995, by , a person known to me, in her capacity as Director of the Williamson County and Cities Health District, on behalf of said corporation. SEAL Notary Public, in and for the State of Texas 1995/96 FUNDING AGREEMENT Williamson County and Cities Health District Page 4 COUNTY OF WILLIAMSON § FUNDING AGREEMENT § BETWEEN THE § CITY OF GEORGETOWN AND § THE GEORGETOWN INFORMATION STATE OF TEXAS § AND VOLUNTEER EXCHANGE This is an agreement between the City of Georgetown, a Texas Home Rule Municipal Corporation (hereinafter "City"), and the Georgetown Information and Volunteer Exchange (hereinafter "GIVE"), for the City to provide funding for services received from GIVE for the fiscal year from October 1, 1995, through September 30, 1996. 1. GENERAL AGREEMENT The City finds that the provision of information, promotion and support of volunteerism is beneficial to the entire community. GIVE is currently providing these services and desires to continue to provide these services. II. FUNDING In consideration for the services to be provided by GIVE, the City agrees to pay an amount not to exceed $10,000.00 for operational services, to be paid in equal quarterly installments by October 15, 1995, and on January 1, 1996, April 1, 1996, and July 1, 1996. III. DUTIES GIVE agrees to provide the following as a condition of this Agreement: A. To link volunteers with community service agencies, provide training and consultation to agencies utilizing volunteers, and to promote volunteerism in the community; B. To provide information and referral to link people with appropriate agencies or community services; C. To identify and report gaps and overlaps in human services as a part of long-range planning; D. To support and enable existing and emerging not -for -profit helping organizations that provide community services; E. To provide the City on or before March 15, 1996, and on or before September 156, 1996, a summary of services provided by GIVE. 1995/96 FUNDING AGREEMENT Georgetown Information and Volunteer Exchange Page 1 IV. AMENDMENT AND ASSIGNMENT This Agreement shall not be altered, waived, amended or extended, without the prior written consent of both parties. GIVE may not assign this Agreement to another party without the prior written consent of the City. All notices regarding assignment shall be given as provided in Paragraph V. It is further agreed that this Agreement shall be binding upon the administrators, executors and assigns of the parties. V. TERMINATION --Either party may -terminate this Agreement upon thirty (30) days written notice to the other party. Such notice shall be hand -delivered or sent by certified mail, return receipt requested, to the following addresses- C ITY: Bob Hart, City Manager City of Georgetown P. 0. Box 409 Georgetown, Tx 78627-0409 GEORGETOWN INFORMATION AND VOLUNTEER EXCHANGE President Georgetown Information and Volunteer Exchange P. 0. Box 743 Georgetown, Tx 78627 Upon notice of termination, all obligations under this Agreement shall cease and the City shall only fund those expenses that actually were expended up to the notice of termination. EXECUTED this day of , 1995. THE CITY OF GEORGETOWN GEORGETOWN INFORMATION AND VOLUNTEER EXCHANGE Leo Wood, Mayor ATTEST. - Sandra Lee, City Secretary President APPROVED AS TO FORM: Marianne Landers Banks, City Attorney 1995/96 FUNDING AGREEMENT Georgetown Information and Volunteer Exchange Page 2 STATE OF TEXAS § § CORPORATE ACKNOWLEDGEMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of 1995, by a person known to me, in her capacity as President of the Georgetown Information and Volunteer Exchange, on behalf of said corporation. SEAL Notary Public, in and for the State of Texas 1995/96 FUNDING AGREEMENT Georgetown Information and Volunteer Exchange Page 3 Council Meeting Date: 09/26/95 Item No. 14 AGENDA ITEM COVER SHEET SUBJECT A resolution approving a lease agreement with Williamson -Burnet County Opportunities, Inc. (WBCO), to operate the Madella Hilliard Neighborhood Center. ITEM SUMMARY The Madella Hilliard Neighborhood Center is located at 803 West 8th Street, and WBCO uses it as a neighborhood educational center. This agreement is valid for 2 years. Similar agreements have been in place since 1972. SPECIAL CONSIDERATIONS None FINANCIAL IMPACT Value of this lease is $6,150.00 per year (for a total of $12,300.00 over two years), which the City donates to WBCO as support for the Neighborhood Center programs. COMMENTS None ATTACHMENTS 1. Resolution 2. Lease Agreement Submitted By: Hartley Sappington, Director of Community Services RESOLUTION No. A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF GEORGETOWN, TEXAS, AND WILLIAMSON-BURNET COUNTY OPPORTUNITIES, INC. (WBCO), FOR THE MADELLA HILLIARD NEIGHBORHOOD CENTER BUILDING AND GROUNDS FOR WBCO TO PROVIDE THE CITIZENS OF GEORGETOWN HEALTH, RECREATION, AND SOCIAL SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAME AND THE CITY SECRETARY TO ATTEST. WHEREAS, the City Council recognizes the importance and value of the programs and services provided through the Madella Hilliard Neighborhood Center; and, WHEREAS, the nature of WBCO services are of a charitable and educational nature so as to be considered an independent foundation; and, WHEREAS, the City of Georgetown and WBCO desire to enter into a two-year lease agreement for the Madella Hilliard Neighborhood Center for WBCO to provide health, recreation and social services to the citizens of Georgetown; and, WHEREAS,the purpose of this agreement is to authorize the lease of City property to WBCO under the terms and conditions set forth in the Agreement; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council finds that this resolution implements Health and Human Services Policy #1, which states, "The City will cooperate with public and private health and human services related organizations to assure that there are comprehensive and affordable services available", and Education Policy #1, which states, "The City will encourage and cooperate with public and private entities to promote diverse and comprehensive educational opportunities", and is not found to be inconsistent or in conflict with any other Century Plan policies as required by Section 2.03 of the Administrative Chapter of the Policy Plan. MADELLA HILLIARD NEIGHBORHOOD CENTER Resolution No. Page 1 of 2 SECTION 2. The City Council of the City of Georgetown approves the Lease Agreement between the City of Georgetown and WBCO attached hereto and incorporated herein as if fully set forth at length. SECTION 3. The Mayor be authorized to execute the Agreement and the City Secretary to attest thereto. RESOLVED THIS 26TH DAY OF SEPTEMBER, 1995. ATTEST: Sandra Lee, City Secretary APPROVED AS TO FORM: Marianne Landers Banks, City Attorney MADELLA HILLIARD NEIGHBORHOOD CENTER Resolution No. Page 2 of 2 CITY OF GEORGETOWN Leo Wood, Mayor COUNTY OF WILLIAMSON § LEASE AGREEMENT § BETWEEN THE § CITY OF GEORGETOWN AND § WILLIAMSON-BURNET COUNTY STATE OF TEXAS § OPPORTUNITIES, INC. MADELLA HILLIARD NEIGHBORHOOD CENTER WHEREAS, the City of Georgetown, Texas (City), and Williamson -Burnet County Opportunities, Inc. (WBCO), a Texas nonprofit corporation, have since 1977 used the Madella Hilliard Neighborhood Center (Center), a City -owned property at 803 West 8th Street; -and, WHEREAS,the City Council recognizes the importance and value of the programs and services provided through the Center to the community at large by Williamson -Burnet County Opportunities through the Madella Hilliard Center; and, WHEREAS, the City desires to continue this agreement which has benefitted the community; and, WHEREAS, the nature of WBCO services are of a charitable and educational nature so as to be considered an independent foundation; and, WHEREAS, the City agrees to honor the original provisions of the Department of Housing and Urban Development, Neighborhood Facilities Grant Program requirements (NFGP); and, WHEREAS,the purpose of this agreement is to authorize the lease of City property to WBCO under the terms and conditions hereinafter set forth: NOW, THEREFORE, in consideration of the covenants set forth above and terms and conditions set forth below, the parties agree as follows: WITNESSETH: ARTICLE I. DESCRIPTION OF PREMISE/TERM OF LEASE A. The City of Georgetown, Texas (Landlord) does hereby demise and lease to Williamson -Burnet County Opportunities, Inc. (Tenant), and Tenant does hereby hire from Landlord the following described Premises: 1995 LEASE AGREEMENT WBCO/Madella Hilliard Neighborhood Center Page 1 Legal Description: Block 14 of the Rucker and Hodges Addition to the City of Georgetown, Williamson County, Texas Street Address: 803 West 8th Street, Georgetown, Texas together with all appurtenances thereto and with ingress and egress necessary and adequate for the conduct of Tenant's business as hereinafter described. B. The term of this lease shall be for two (2) years, running from and including the first (1 st) day of October, 1995, up to and including the thirtieth (30th) day of September, 1997. C. Landlord and Tenant expressly agree that there are and shall be no implied warranties of merchantability, habitability, fitness for a particular purpose or of any other kind arising out of this Lease and there are no warranties which extend beyond those expressly set forth in this Lease. D. Tenant shall have the option to make application for renewal of the lease of the demised premises for further term of two (2) years from and after the expiration of the term herein granted and under and subject to the same covenants, provisos and agreements as are herein contained. In the event Tenant desires to exercise the option herein provided, Tenant shall notify Landlord of such desire in writing not less than sixty (60) days prior to the expiration of the term hereby granted. Upon notification from Tenant of desire to renew lease, Landlord shall review the lease conditions and notify Tenant in not less than thirty (30) days, of acceptance or denial of the renewal request. ARTICLE II WARRANTIES/PURPOSE AND USE The purpose of this Agreement and use of the Premises shall be limited to programs for enhancement of the health, recreation, social and similar community services for the elderly as allowed by the NFGP requirements. Further, Tenant shall use the Premises leased herein to ensure that the use and occupancy of the Premises, as well as the provision of services and other benefits will be available without regard to race, creed, color or national origin. Tenant hereby covenants not to deny on the basis of race, creed, color or national origin, to any person the use, benefits or services provided by the Center, nor provide any facility, services, or benefits to a person which are different or are provided in a different manner from those provided to others under the same program or activity. H 1995 LEASE AGREEMENT WBCO/Madella Hilliard Neighborhood Center Page 2 ARTICLE III. COMPENSATION Landlord and Tenant mutually covenant and agree that the Tenant will have exclusive use of said property in exchange for the continuous provision of services Tenant provides to the community as described in Article II. Landlord and Tenant agree to honor provisions in the Department of Housing and Urban Development's NFGP requirements stipulating that the City will maintain the current use of this structure free from rental fees as therein provided. The value of the Premises is $6,150.00 per year. However, City, in exchange for funding through the HUD's NFGP requirements recognizes and agrees to rent this facility free of charge. ARTICLE IV. MAINTENANCE A. Landlord's Maintenance Responsibilities Landlord, at Landlord's expense, shall keep in good order, condition and repair the foundations, exterior walls, exterior roof, major heating system, air conditioning, water mains, gas and sewer lines, sidewalks, parking areas, and lawn of the Premises. Landlord shall not, however, be obligated to paint such exterior, nor shall Landlord be required to maintain the interior surface of exterior walls, windows, doors or plate glass. Landlord shall have no obligation to make repairs under this paragraph until a reasonable time after receipt of written notice from Tenant of the need for such repairs. Tenant expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense, to the extent allowed by law. B. Tenant's Maintenance Responsibilities Tenant, at Tenant's expense, shall keep in good order, condition and repair of the Premises and every part thereof including, without limiting the generality of the foregoing, all plumbing, heating, air conditioning, including changing of filters, ventilation, electrical and lighting facilities and equipment within the Premises, fixtures, interior walls and interior surface of exterior walls, ceilings, windows, doors, and plate glass located within the Premises. C. Utilities Landlord shall pay all charges for water, wastewater, electricity and garbage pick- up consumed by the Tenant upon the leased Premises. 1995 LEASE AGREEMENT WBCO/Madella Hilliard Neighborhood Center Page 3 D. Destruction In the event the leased Premises is partially damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty, Tenant shall give immediate notice to Landlord. Landlord, at Landlord's expense, may repair the damage and restore the leased Premises to substantially the same condition as immediately prior to the occurrence of the casualty. If Landlord shall decide not to repair or rebuild the leased Premises, Landlord shall give Tenant notice of Landlord's election not to repair or rebuild and this Lease shall terminate. Tenant's obligations hereunder shall be fulfilled through the time of casualty. ARTICLE V. INSURANCE/INDEMNITY A. During the term -this agreement is in effect, at all times Tenant shall maintain general liability insurance for its business operations on the Leased Premises for bodily injury, including death, not less than $500,000.00 for each occurrence and property damage not less than $300,000.00 for each occurrence. Landlord shall be named as additional insured on such insurance policy. Tenant shall provide Landlord with certificates of insurance evidencing the general liability coverage required and described herein no later that fifteen (15) days after the execution date of this Lease Agreement. In the event that insurance is not in effect for more than fifteen (15) consecutive days, this lease shall immediately terminate. Tenant's personal property is not covered by any hazard insurance that may be carried by Landlord. Such insurance policy shall provide that such coverage shall not be changed or terminated without thirty (30) days notice to Landlord in writing, prior to such changes or termination in coverage. B. Landlord and Landlord's employees and agent shall not be liable to Tenant or Tenant's employees, patrons, visitors, invitees, or any other persons for any injury or death to any such persons or for any damage to property caused by an act, omission, or neglect of Tenant or Tenant's agents or of any other person(s) on the premises of which the leased Premises is a part. Tenant agrees to indemnify and hold Landlord, its officers, directors, employees, attorneys and agents harmless from any and all claims for such injury, death and damage, whether the injury occurs on or off the leased Premises as well as for court costs and reasonable attorney's fees incurred. 1995 LEASE AGREEMENT WBCO/Madella Hilliard Neighborhood Center Page 4 ARTICLE VI. TEXAS LAW TO APPLYNENUE A. This agreement shall be construed under and in accordance with the laws of the State of Texas. B. In the event of a breach of this Agreement any and all suits, claims, causes of action shall be instituted and maintained in Williamson County, Texas. ARTICLE VII. ATTORNEY'S FEES If a non -default party is required to take legal action to renegotiate a default by the other party, and the non -defaulting party prevails in court, that party shall be entitled to recover court costs, and reasonable attorney's fees from the defaulting party. ARTICLE Vill. ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the parties to this Lease and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this Lease. It is expressly agreed by Tenant, as a material consideration for the execution of this Lease, that this Lease, with the specific references to written extrinsic documents, is the entire agreement of the parties; that there are, and were, no verbal representations, warranties, understandings, stipulations, agreements or promises pertaining -to this Lease or the expressly mentioned extrinsic documents not incorporated in writing in this Lease. ARTICLE IX. TERMINATION A. Either party may terminate this Lease upon sixty (60) days prior written notice providing, however, tat the obligations as described herein are met by each party to date and during the sixty (60) day notice period. B. In the event of a breach(s) of this Agreement and upon written notice thereof, the defaulting party shall cure such breach within the time specified in the notice. Absent emergency circumstance, the time shall not be less than fifteen (15) days, unless otherwise specified in this Agreement. A failure to cure said breach within the time specified shall result in immediate termination. 1995 LEASE AGREEMENT WBCO/Madella Hilliard Neighborhood Center Page 5 ARTICLE X. MISCELLANEOUS A. Assignment Tenant may not assign this Lease or sublet the Premises or any part thereof without the prior written consent of the Landlord. An assignment of subletting without consent shall be grounds for immediate termination. B. Right to Enter Premises Tenant shall permit Landlord and Landlord's agents to enter at all reasonable times to view the state and condition of the Premises or to make such alterations or repairs therein as may be necessary for the safety and preservation thereof, or for any other reasonable purposes. Tenant shall also permit Landlord or Landlord's -agents, on or after sixty (60) days next preceding the expiration of the term of this Lease to show -the Premises to prospective tenants at reasonable times, and to place notices on the front of said Premises, or any part thereof, offering the Premises for lease or sale. C. Notice Notice, as required by this Agreement, shall be in writing to the following: LANDLORD TENANT Bob Hart, City Manager Executive Director City of Georgetown Williamson -Burnet County Opportunities P. O. Box 409 P. O. Box 740 Georgetown, TX 78627-0409 Georgetown, TX 78627-0740 D. Waiver of Breach The waiver by Landlord of any breach of any provision of this Lease shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this lease. E. Binding Effect Subject to the provisions of this Lease pertaining to assignment of the Tenant's interest, all provisions of this Lease shall extend to and bind, or inure to the benefit of, not only the parties to this Lease but to each and every one of the heirs, executors, representatives, successors, and assigns of Landlord or Tenant. F. Rights and Remedies Cumulative The rights and remedies of this Lease Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. 1995 LEASE AGREEMENT WBCO/Madella Hilliard Neighborhood Center Page 6 G. Legal Construction In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. H. Amendment This Least may not be altered, waived, amended or extended except by an instrument in writing signed by Landlord and Tenant. I. Subject to Approval This Lease shall be conditioned upon the prior approval of the Secretary of the —Department of blousing and Urban Development, or his deputy, as may be required by the NFGP requirements. DATED THIS DAY OF WILLIAMSON-BURNET COUNTY OPPORTUNITIES, INC. Executive Director ATTEST: Secretary THE CITY OF GEORGETOWN Leo Wood, Mayor ATTEST: Sandra Lee, City Secretary 1995. APPROVED AS TO FORM: Marianne Landers Banks, City Attorney 1995 LEASE AGREEMENT WBCO/Madella Hilliard Neighborhood Center Page 7 STATE OF TEXAS § § CORPORATE ACKNOWLEDGEMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of , 19951 by , a person known to me, in his capacity as Executive Director of Williamson -Burnet County Opportunities, Inc. SEAL Notary Public, in and for the State of Texas 1995 LEASE AGREEMENT WBCO/Madella Hilliard Neighborhood Center Page 8 Council Meeting Date: 09/26/95 COVER SHEET SUBJECT A Funding Agreement between the Cityof for administrative services. Georgetown and the Georgetown Herita ge Socret, ITEM SUMMARY r An Agreement between the City and t Heritage Society to provide administrative Georgetown Heritage Society for the to supply the citizens of Georgetown and t services for the History and Visitor Center in or wr the form of services and resources. he City's visitors historical and other i nt r in order information in SPECIAL CONSIDERATIONS None Item No. AGENDA ITEM FINANCIAL IMPACT The City agrees to pay an amount not from hotel/motel taxes (Convention & Visitors exceed a total of $7,169.00 annually, to be funded 201-206-5302-00), to staff the Histor Bureau Council Contingenc y and Visitor Information Center. Y Account Number MMENT C None ATTACHMENTS 1 Resolution 2. Funding Agreement (available for review in the Office of the CitySecretary) cretary) Submitted By: Molly Alexander, Convention & Visit ors Bureau Director Hartley Sappington, Director of Community Services RESOLUTION No. A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A FUNDING AGREEMENT WITH THE GEORGETOWN HERITAGE SOCIETY PROVIDING ADMINISTRATIVE SERVICES FOR THE GEORGETOWN HISTORY & VISITOR INFORMATION CENTER TO ASSIST IN THE PROMOTION OF TOURISM, CONVENTIONS, HISTORICAL, AND CULTURAL ACTIVITY FOR THE CITY. -WHEREAS, the City of Georgetown, Texas ("City") seeks to promote tourism, convention activity, and historical and cultural activity within the City; and, WHEREAS,the History & Visitor Information Center and services provided therein are needed to provide effective tourism promotion for the City; and, WHEREAS, the Georgetown Heritage Society has proven their ability to provide these services for 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. The City Council finds that this resolution implements Economic Development Policy #4 of the Century Plan -Policy Plan Element, which states, "The City will develop and promote the tourism industry in Georgetown"; and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The Mayor is authorized to execute the Funding Agreement with the Georgetown Heritage Society and the City Secretary to attest thereto. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLUTION No. Heritage Society Volunteer Coordinator Page 1 of 2 RESOLVED this 26" day of September, 1995. ATTEST: Sandra Lee, City Secretary APPROVED AS TO FORM: Maria=e Landers Banks, City Attorney RESOLUTION No. Heritage Society Volunteer Coordinator Page 2 of 2 THE CITY OF GEORGETOWN: Leo Wood, Mayor STATE OF TEXAS § FUNDING AGREEMENT § BETWEEN THE § CITY OF GEORGETOWN § AND THE COUNTY OF WILLIAMSON § GEORGETOWN HERITAGE SOCIETY This is an agreement between the City of Georgetown, a Texas Home Rule Municipal Corporation, hereinafter "City", and the Georgetown Heritage Society, a Texas non-profit organization, hereinafter "Heritage Society", for the City to provide funding for tourism and related services received from the Heritage Society from October 1, 1995, through September 30, 1996. I. GENERAL AGREEMENT The City seeks to promote tourism, convention activity, and historical and cultural activity within the City, through the receipt and disbursement of hotel/motel tax funds. The Heritage Society agrees to provide a part time Volunteer Coordinator for the Georgetown History & Visitor Information Center, located at 101 West 7th Street. II. FUNDING In consideration for the services to be provided by the Heritage Society, the City agrees to pay an amount not to exceed a total of $7,169.00 annually, to be funded from hotel/motel taxes. The Heritage Society agrees to be responsible for all associated costs for benefits provided for this position. The parties agree that the person filling this position shall be considered an employee solely of the Heritage Society and not an employee of the City. Funding from the City shall be from the receipts of the seven per cent (7%) hotel/motel room occupancy tax in an amount not to exceed the amounts specified above, but in no instance shall the total paid exceed the documented expenditures made by the Heritage Society under the terms of this Agreement. Payment will be made on a monthly basis for expenses incurred based on a monthly statement and a timesheet. Any unexpended funds will be returned to the City at the end of the City's fiscal year. III. DUTIES The Heritage Society agrees to use the funds specified in this Agreement and in conformance with applicable state and local laws. The Heritage Society agrees to follow the direction of the Georgetown Convention & Visitors Board, hereinafter "Board", and/or the Convention & Visitors Bureau Director regarding the use of these funds as set forth by the Strategic Plan and Marketing Plan for the Board. The Heritage Society shall provide FUNDING AGREEMENT Georgetown Heritage Society Volunteer Coordinator Page a monthly visitor statistic report, volunteer schedules, and a monthly report to the Board of expenditures for funds received. The Heritage Society agrees to permit an audit by the City of these expenditures by the City's designated auditor. IV. AMENDMENT AND ASSIGNMENT This Agreement shall not be altered, waived, amended or extended, without the prior written consent of both parties. The Heritage Society may not assign this Agreement to another party without the prior written consent of the City. All notices regarding assignment shall be given as provided in Paragraph V. It is further agreed that this Agreement shall be binding upon the administrators, executors, and assigns of both parties. V. TERMINATION Either party may terminate this Agreement upon thirty (30) days written notice to the other party. Such notice shall be hand -delivered or sent by certified mail, return receipt requested, at the following addresses: CITY OF GEORGETOWN GEORGETOWN HERITAGE SOCIETY Bob Hart, City Manager President P. 0. Box 409 P. 0. Box 467 Georgetown, TX 78627-0409 Georgetown, TX 78627-0467 Upon notice of termination, all obligations under this Agreement shall cease and the City shall only fund those expenses that actually were expended up to the notice of termination. EXECUTED this day of , 1995. CITY OF GEORGETOWN GEORGETOWN HERITAGE SOCIETY Leo Wood, Mayor ATTEST: Sandra Lee, City Secretary President APPROVED AS TO FORM: Marianne Landers Banks, City Attorney FUNDING AGREEMENT Georgetown Heritage Society Volunteer Coordinator Page 2 STATE OF TEXAS § COUNTY OF WILLIAMSON § CORPORATE ACKNOWLEDGEMENT This instrument was acknowledged before me on this the day of 1995, by , a person known to me in the capacity of President of the Georgetown Heritage Society, a Texas non-profit organization, on behalf of said organization. SEAL Notary Public in and for the State of Texas FUNDING AGREEMENT Georgetown Heritage Society Volunteer Coordinator Page 3 Council Meeting Date: 09-26-95 Item No.� AGENDA ITEM COVER SHEET SUBJECT A resolution approving a lease agreement with the Georgetown Heritage Society. ITEM SUMMARY The History and Visitor Information Center, located at 101 West 7th Street, is used to provide the citizens of Georgetown and the City's visitors with historical and other information. The City receives no compensation for this lease; however, the Heritage Society agrees to staff the Center seven days a week. This lease agreement originated in 1988 under the same terms and has continued as part of the City's commitment to historic preservation and tourism. SPECIAL CONSIDERATIONS None FINANCIAL IMPACT The City receives no compensation for the lease. COMMENTS ATTACHMENTS 1. Resolution 2. Lease Agreement Submitted By: Hartley Sappington, Director of Community Services RESOLUTION No. A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF GEORGETOWN, TEXAS, AND THE GEORGETOWN HERITAGE SOCIETY (GHS) FOR THE HISTORY AND VISITOR INFORMATION CENTER SPACE FOR GHS TO PROVIDE THE CITIZENS OF GEORGETOWN AND THE CITY'S VISITORS HISTORICAL AND OTHER INFORMATION IN THE FORM OF SERVICES AND RESOURCES AND AUTHORIZING THE MAYOR TO EXECUTE SAME AND THE CITY SECRETARY TO ATTEST. WHEREAS, the City Council finds that the providing of historical information in the form of services and resources to citizens and visitors serves a valuable public purpose to the City of Georgetown; and, WHEREAS, the City of Georgetown and GHS desire to enter into a Lease Agreement for the History and Visitor Information Center for GHS to provide historical and visitor information services to the citizens of Georgetown and the City's visitors; and, WHEREAS,the purpose of this Agreement is to authorize the lease of City property to GHS under the terms and conditions set forth in the Agreement; 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 mae a part hereof, as if copied verbatim. The City Council hereby finds that this resolution implements Historic Preservation and Urban Design Policy #1, which states, "The City will preserve, protect and promote its prehistoric, historic, and cultural resources", and is not found to be inconsistent or in conflict with any other Century Plan policies as required by Section 2.03 of the Administrative Chapter of the Policy Plan. .SECTION 2. The City Council of the City of Georgetown, Texas, approves the Agreement between the City of Georgetown and GHS attached hereto and incorporated herein as if fully set forth at length. VISITOR CENTER LEASE AGREEMENT Resolution No. Page 1 of 2 SECTION 3. The Mayor is hereby authorized to execute the Lease Agreement with the Georgetown Heritage Society and the City Secretary to attest. SECTION 4. This resolution shall be effective immediately upon adoption. RESOLVED THIS 26th DAY OF SEPTEMBER, 1995. ATTEST: THE CITY OF GEORGETOWN: Sandra l-ee, City Secretary Leo Wood, Mayor APPROVED AS TO FORM: Marianne Landers Banks, City Attorney VISITOR CENTER LEASE AGREEMENT Resolution No. Page 2 of 2 COUNTY OF WILLIAMSON § LEASE AGREEMENT § BETWEEN THE § CITY OF GEORGETOWN AND STATE OF TEXAS § GEORGETOWN HERITAGE SOCIETY This is an Agreement between the City of Georgetown, a Texas Home Rule Municipal Corporation (hereinafter "City"), and the Georgetown Heritage Society (hereinafter "Society"), for the City to provide funding in the form of building space and utilities for services received from Society for the fiscal year from October 1, 1995, through September 30, 1996. I. GENERAL AGREEMENT A. The purpose of this Agreement and use of the leased Premises shall be limited to providing to the citizens of Georgetown and its visitors, services and materials in keeping with the attempt to enhance the stay of a visitor to the City and satisfy the research needs for curiosities of citizens or visitors inquiries. In addition, Tenant will be permitted to utilize an appropriate portion of the space as the office and headquarters for same, provided that history and visitor information services are provided simultaneously. Further, Tenant shall use the Premises leased herein to ensure that the use and occupancy of the Premises, as well as the provision of any services will be available without regard to race, creed, color or national origin. Tenant hereby covenants not to deny, on the basis of race, creed, color or national origin, to any person the use or services provided by the History and Visitor Information Center, nor provide any facility, services or benefits to a person which are different or are provided in a different manner from those provided to others under the same service or activity. B. Resources and services to be provided by Tenant shall include, but are not limited to, the following: 1. Resources and Services a. Files on nearly 1,000 Georgetown residential and commercial buildings. b. Files on historic persons, places, and events of the Georgetown area. C. 1984 Historic Resources Survey materials. 1995/96 LEASE AGREEMENT Georgetown Heritage Society/History and Visitor Information Center Page 1 d. 1984 Multiple Resource Nomination to the National Register of Historic Places materials. e. Maps (historic and contemporary), indicating the location of selected Georgetown buildings. f. Drawings, sketches, illustrations of selected Georgetown buildings. g. Collection of books, miscellaneous publications and reprints dealing with preservation, restoration and local history. h. Yesteryears Series (four volumes) i. Historic photograph collection j. Contemporary photograph collection, when completed k. Information on federal and state marker programs I. Video tapes on ethnic groups of the Georgetown area, when completed m. PTofessional slide program, "Legacy in Wood and Stone" n. Information on state/county/national preservation organizations/ agencies o. Information on past and current projects of the Georgetown Heritage Society p. Professional slide program on downtown architecture and history q. Computer inventory of Georgetown's historic properties when completed r. Computer program of historic and contemporary photograph collections when completed S. Information on City preservation studies and regulations 2. Visitor Information a. "Exploring Historic Georgetown" (guidebook to downtown and neighborhoods) b. Brochures and fliers on area shops, restaurants, attractions, accommodations, events, activities, and organizations C. Video tapes on Historic Georgetown, when completed d. Guided walking tours of Downtown Historic District e. Private group tours of selected historic homes and neighborhoods f. Sale of Georgetown memorabilia at Tenant's discretion g. Personal assistance volunteer 1995/96 LEASE AGREEMENT Georgetown Heritage Society/History and Visitor Information Center Page 2 11. DEMISED PREMISES/TERM AND RENEWAL A. The LESSOR does hereby demise and lease to the LESSEE and LESSEE does hereby take from LESSOR the following described Premises: Southeast portion of the first floor of the City Office Building located at the Northwest corner of Seventh and Main Streets, Georgetown, Williamson County, Texas. Street Address: 101 W. 7th Street; Georgetown, TX 78626 Together with all appurtenances and improvements thereto and with easements of .ingress and egress necessary and adequate for the conduct of LESSEE'S business -as herein described. B. The term of this Lease shall be for one (1) year, running from and including the first (1 st) day of October, 1995, up to an including the thirtieth (30th) day of September, 1996. C. LESSOR and LESSEE expressly agree that there are and shall be no implied warranties of merchantability, habitability, fitness for a particular purpose or of any other kind arising out of this Lease and there are no warranties which extend beyond those expressly set forth in this Lease. D. LESSEE shall have the option to make application for renewal of the lease of the demised Premises for further term of one (1) year from and after expiration of the term herein granted and under and subject to the same covenants, provisos and agreements as are herein contained. In the event LESSEE desires to exercise the option herein provided, LESSEE shall notify LESSOR of such desire in writing not less than sixty (60) days prior to the expiration of the term hereby granted. Upon notification from LESSEE of desire to renew Lease, LESSOR shall review the Lease conditions and notify LESSEE in not less than thirty (30) days of acceptance or denial of the renewal request. III. COMPENSATION In lieu of LESSEE'S payment of rent and utilities under this Agreement, LESSOR and LESSEE mutually covenant and agree that LESSEE will provide to the community the staffing of said facility, seven days a week, for a combined total of not less than fifty (50) hours per week. Exact hours of operation shall be established by LESSEE. 1995/96 LEASE AGREEMENT Georgetown Heritage Society/History and Visitor Information Center Page 3 The parties agree that the value of staffing and providing services is at least $920.00 per month. IV. MAINTENANCE A. LESSOR'S MAINTENANCE RESPONSIBILITIES. LESSOR, at LESSOR'S expense, shall keep in good order, condition and repair the foundations, exterior walls, exterior roof, interior walls, lighting facilities and equipment, fixtures, flooring, ceiling, windows, doors, plate glass, heating system, air conditioning, sidewalks and parking areas of Premises. LESSOR shall not be required to maintain the interior surface of exterior walls. LESSOR shall include painting exterior of building in its -regular maintenance program for City buildings. LESSOR shall have no obligation to make repairs under this paragraph until a reasonable time after receipt of written notice from LESSEE of the need for such repairs. LESSEE expressly waives the benefits of any statute now or hereafter in effect which would otherwise afford LESSEE the right to make repairs at LESSOR'S expense, to the extent allowed by law. B. LESSEE'S RESPONSIBILITIES. LESSEE, at its own cost and expense, shall maintain the leased premises in a condition as good as those leased (except for those items that are the responsibility of the CITY under this article). LESSEE shall notify City if building maintenance problems become apparent. C. UTILITIES. LESSOR shall provide for electricity, garbage pick-up and reasonable and customary janitorial services consumed by LESSEE upon the [eased Premises. D. DESTRUCTION. In the event the leased Premises is partially damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty, LESSEE shall give immediate notice to LESSOR. LESSOR, at LESSOR'S expense, may repair the damage and restore the leased Premises to substantially the same condition as immediately prior to the occurrence of the casualty. If LESSOR shall decide not to repair or rebuild the leased Premises, LESSOR shall give LESSEE notice of LESSOR'S election not to repair or rebuild and this Lease shall terminate. LESSEE'S obligations hereunder shall be fulfilled through the time of such casualty. 1995/96 LEASE AGREEMENT Georgetown Heritage Society/History and Visitor Information Center Page 4 V. INSURANCE/INDEMNITY A. During the term this Agreement is in effect, at all times LESSEE shall maintain public liability insurance for its business operations on the leased Premises for bodily injury, including death, of not less than $500,000.00 for each occurrence and property damage of not less than $500,000.00 for each occurrence. LESSOR shall be named as additional insured on such insurance policy and be provided with a waiver of subrogation in its favor. LESSEE shall provide LESSOR with certificates of insurance evidencing the public liability coverage required and described herein no later than fifteen (15) days after the execution date of this Lease Agreement. In the event that insurance is not in effect for more than fifteen (15) consecutive days, this Lease shall immediately terminate. LESSEE'S personal property is not covered by any hazard insurance that may be carried by LESSOR. Such insurance policy shall provide that such coverage shall not be changed or terminated without thirty (30) days notice to LESSOR in writing, prior to such changes or termination in coverage. B. LESSOR and LESSOR'S officials, representatives, employees and agents shall not be liable to LESSEE or LESSEE'S employees, patrons, visitors, invitees, or any other persons for any injury or death to any such persons or for any damage to property caused by an act, omission, or neglect, of LESSEE or LESSEE'S agents or of any other person(s) on the premises of which the Leased Premises is a part. LESSEE agrees to fully indemnify and hold LESSOR, its officers, directors, employees, attorneys and agents harmless from any and all claims for such injury, death and damage, whether the injury occurs on of off the Leased Premises as well as for court costs and reasonable attorneys fees incurred. VI. DEFAULT A. All terms, conditions and covenants of this Lease are deemed materials and a breach of any one term, condition or covenant shall constitute a default of the Lease. A failure to'satisfactorily cure any default within ten (10) days of receipt of notice by LESSOR shall, at the LESSOR'S option, be grounds for termination. B. TERMINATION. Either party may terminate this Lease upon sixty (60) days written notice providing, however, that the obligations as described herein are met by each party to date and during the sixty (60) day notice period. 1995/96 LEASE AGREEMENT Georgetown Heritage Society/History and Visitor Information Center Page 5 VII. MISCELLANEOUS A. NOTICES. All notices to either party shall be in writing and be by certified mail, return receipt requested to the parties as follows: LESSOR: Bob Hart, City Manager City of Georgetown P. 0. Box 409 Georgetown, TX 78627-0409 LESSEE: President Georgetown Heritage Society P. 0. Box 467 Georgetown, TX 78627-0467 B. WAIVER OF BREACH. The waiver by LESSOR of any breach of any provision of _-this Lease shall not constitute a continuing waiver or a waiver of any subsequent —breach of the same or a different provision of this Lease. C. ASSIGNMENT. LESSEE may not assign this Lease Agreement or sublet the Premises or any part thereof without the prior written consent of the LESSOR- D. BINDING EFFECT. Subject to the provisions of this Lease pertaining to assignment of the LESSEE'S interest, all provisions of this Lease shall extend to and bind, or inure to the benefit of, not only the parties to this Lease, but to each and every one of the heirs, executors, representatives, successors, and assigns of LESSOR or LESSEE. E. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of this Lease Agreement are cumulative and the use of any right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. F. TEXAS LAW TO APPLY. 1. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 2. The parties agree that this Agreement is performable solely in Williamson County, Texas. G. LEGAL CONSTRUCTION. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, Illegal or unenforceable provision had never been contained herein. 1995/96 LEASE AGREEMENT Georgetown Heritage Society/History and Visitor Information Center Page 6 H. LIMITATION OF WARRANTIES. LESSOR and LESSEE expressly agree that there are and shall be no implied warranties of merchantability, habitability, fitness for a particular purpose of or any other kind arising out of this Lease and there are not warranties which extend beyond those expressly set forth in this Lease. 1. ATTORNEY'S FEES. If either party is in default under this Lease Agreement and the other party finds it necessary to place this Lease in the hands of an attomey in order to enforce its rights or remedies, the non -defaulting party may recover court costs, reasonable attorney's fees, and all other out-of-pocket expenses, including costs of litigation, deposition, travel, and witness costs. J. ENTIRE AGREEMENT. This Agreement constitutes the sole and only Agreement of the parties to this Lease and supersedes any prior understandings or written or "oral Agreements -between the parties respecting the subject matter of this Lease. It is expressly agreed by LESSEE, as a material consideration for the execution of this Lease, that this Lease, with the specific references to written extrinsic documents, is the entire Agreement of the parties; that there are, and were, no verbal representations, warranties, understandings, stipulations, agreements or promises pertaining to this Lease or the expressly mentioned written extrinsic documents not incorporated in writing in this Lease. K. AMENDMENT. This Lease Agreement may not be altered, waived, amended or extended except by an instrument in writing signed by LESSOR and LESSEE, or their successors in interest, as the case may be. EXECUTED THIS DAY OF , 1995. THE CITY OF GEORGETOWN Leo Wood, Mayor ATTEST: Sandra Lee, City Secretary GEORGETOWN HERITAGE SOCIETY President APPROVED AS TO FORM: Marianne Landers Banks, City Attomey 1995/96 LEASE AGREEMENT Georgetown Heritage Society/History and Visitor Information Center Page 7 STATE OF TEXAS § COUNTY OF WILLIAMSON § CORPORATE ACKNOWLEDGEMENT This instrument was acknowledged before me on this the day of 31995, by in the capacity as President of the Georgetown Heritage Society, on behalf of said corporation. Seal Notary Public, in and for the State of Texas 1995/96 LEASE AGREEMENT Georgetown Heritage Society/History and Visitor Information Center Page 8 Council meeting date: 09/26/95 Item No. AGENDA ITEM COVER SHEET SUBJECT A Lease Agreement between the City of Georgetown and the Georgetown Optimist Club. ITEM SUMMARY An Agreement between the City and the Georgetown Optimist Club for the Boy Scout Hut buildings for an activity and meeting location for the Boy Scouts of Georgetown. The facility is also made available to other organizations periodically with the approval of the Optimist Club. SPECIAL CONSIDERATIONS None FINANCIAL IMPACT The City receives $180.96 in annual revenue. COMMENTS None ATTACHMENTS 1. Resolution 2. Lease Agreement Submitted BX: Hartley Sappington, Director of Community Services RESOLUTION No. A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF GEORGETOWN, TEXAS, AND THE GEORGETOWN OPTIMIST CLUB (CLUB) FOR THE BOY SCOUT HUT BUILDINGS FOR AN ACTIVITY AND MEETING LOCATION FOR THE BOY SCOUTS OF GEORGETOWN AND OPTIMISTS AND AUTHORIZING THE MAYOR TO EXECUTE SAME AND THE CITY SECRETARY TO ATTEST. WHEREAS, the City Council recognizes the importance and value of the community service activities performed by the youth and sponsors of Boy Scout programs; and, WHEREAS, the City Council also recognizes the importance of an adequate meeting facility for the staging of Boy Scout events and programs; and, WHEREAS,the purpose of this Agreement is to authorize the lease of City property to the Georgetown Optimist Club under the terms and conditions set forth in the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution implements Recreation and Cultural Affairs Policy 1 of the Century Plan - Policy Plan Element, which states: 'The City shall encourage all citizens to actively participate in community -wide social, cultural and recreational activities" and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The Mayor is hereby authorized to execute, and the City Secretary to attest thereto an agreement with the Georgetown Optimist Club on behalf of the City of Georgetown. SECTION 3. This resolution shall be effective immediately upon adoption. Georgetown Optimist Club/Boy Scout Hut Resolution No. Page 1 of 1 RESOLVED this 26th day of September, 1995. ATTEST: THE CITY OF GEORGETOWN: Sandra Lee, City Secretary Leo Wood, Mayor APPROVED AS TO FORM: Marianne Landers Banks, City Attorney Georgetown Optimist Club/Boy Scout Hut Resolution No. Page 1 of 1 COUNTY OF WILLIAMSON § LEASE AGREEMENT § BETWEEN THE § CITY OF GEORGETOWN AND STATE OF TEXAS § GEORGETOWN OPTIMIST CLUB This is an Agreement between the City of Georgetown, a Texas Home Rule Municipal Corporation (hereinafter "City"), and the Georgetown Optimist Club (hereinafter "Optimist"), for the City to lease parkland to the Optimist for the fiscal year from October 1, 1995, through September 30, 1996. GENERAL AGREEMENT -The purpose of --this Agreement and use of these premises shall be limited to meetings and as a storage facility for the property and programs of the LESSEE and Boy Scouts of Georgetown. Further, LESSEE shall use the Premises leased herein to ensure that the use and occupancy of the Premises, as well as the provision of programs and other benefits will be available to all persons without regard to race, creed, color, or national origin. LESSEE hereby covenants .not to deny, on the basis of race, creed, color or national origin, to any person the use, benefits or services provided by the Facility, nor provide any facility, services or benefits to a person which are different or are provided in a different manner from those provided to others under the same program or activity. II. DEMISED PREMISES/TERPO AND RENEWAL A. The LESSOR does hereby demise and lease to the LESSEE and LESSEE does hereby take from LESSOR the following described Premises: BEING 0.12 of an acre of land, situated in the Nicholas Porter Survey, Abstract No. 497, in Williamson County, Texas; said land being a portion of that certain tract of land, called 154 96/100 acres, as conveyed to the City of Georgetown, by deed as recorded in Volume 266, Page 498, of the Deed records of Williamson County, Texas. Surveyed on the ground in the month of April, 1989, under the supervision of Don H. Bizzell, Registered Public Surveyor, and being more particularly described as follows. - BEGINNING at an iron pin set for the Northwest corner hereof; said point being S 85 02' E, 1,230.26 feet from the most northerly corner of that certain tract of land, called 5.07 acres, as conveyed to the Georgetown Commission Company by deed 1995/96 LEASE AGREEMENT Georgetown Optimist Club/Boy Scout Hut Page 1 as recorded in Volume 1037, Page 636, of the Official Records of Williamson County, Texas, THENCE, S 800 32' E, 94.00 feet to an iron pin set on the west line of a paved road, for the Northeast corner hereof, THENCE, along the said West line of the paved road S 90 28' W, 55.00 feet to an iron pin set for the Southeast corner hereof, THENCE, N 80,, 32' W, 94.00 feet to an iron pin set for the Southwest corner hereof; THENCE, N 9° 28' E, 55.00 feet to the Place of BEGINNING and containing 0.12 -of an acre of land. Together with all appurtenances and improvements thereto and with easements of ingress and egress necessary and adequate for the conduct of LESSEE'S business as hereinafter described. LESSOR and LESSEE mutually covenant and agree that the LESSEE will have exclusive use of said property in exchange for timely payment of rent and LESSEE abiding to all terms and conditions of this Lease. B. The parties agree that the term of this Lease is one (1) year, beginning on October 1, 1995, and terminating upon September 30, 1996. C. RENEWAL OF LEASE. LESSEE shall have the option to make application for renewal of the Lease of the demised Premises for the further term of one (1) year from and after expiration of the term herein granted under and subject to the same covenants, provisos and agreements as are herein contained. In the event LESSEE desires to exercise the option herein provided, LESSEE shall notify LESSOR, in writing, not less than sixty (60) days prior to the expiration of the term hereby granted. Upon notification from LESSEE of its desire to renew the Lease, LESSOR shall review the Lease conditions and notify LESSEE, in not less than thirty (30) days, of acceptance or denial of the renewal request. D. REMOVAL OF IMPROVEMENTS. At the termination of this Lease or any renewal thereof, and LESSEE not being in default of any obligations under this Agreement, LESSEE shall have the right to remove any and all improvements upon the Premises. LESSEE agrees that any removal that causes damage to the remaining 1995/96 LEASE AGREEMENT Georgetown Optimist Club/Boy Scout Hut Page 2 improvements or Premises, such damage shall be promptly repaired by LESSEE, at its own expense. III. COMPENSATION The parties agree that the reasonable rental value for these Premises is $15.08 per month. This rental value has been determined by relying on appraisals for property of like and similar characteristics in and around the Georgetown area. Rental fees are due and payable on the first day of each month during the term of this Lease. The first payment is due on October 15, 1995, and all successive payments are due on the first day of each month thereafter for the remainder of the Lease. A failure to pay -rentals when due shall constitute a default of the Lease. Payments shall be made to the City of Georgetown, as payee, and to the address shown in Article VIII. A. Notices. IV. MAINTENANCE A. LESSEE, at LESSEES'S expense, shall keep in good order, condition and repair the Premises and improvements thereto including, without limiting the generality of the foregoing: The foundations; exterior walls and roof; heating and air conditioning system including filter charges; water lines and fixtures; gas and sewer lines; plumbing, electrical and lighting facilities and equipment within the Premises; interior walls and ceiling; windows, doors, and plate glass located within or at the Premises. LESSEE shall also keep the Premise grounds in a neat and orderly condition by mowing, removal of trash or unsightly debris that may be on or about the Premises. B. DESTRUCTION. In the event the improvements to the Premises are partially damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty, LESSEE shall give immediate notice to LESSOR. LESSEE, at LESSEE'S expense, may repair the damage and restore the improvements to substantially the same condition as immediately prior to the occurrence of the casualty. LESSEE will have ninety (90) days from the time of casualty to repair or rebuild the improvement or remove same from leased Premises. If LESSEE shall decide not to repair or rebuild the improvements, LESSEE shall give LESSOR notice of LESSEE'S election not to repair or rebuild and this Lease shall terminate. This notice shall be given within sixty (60) days of date of casualty. 1995/96 LEASE AGREEMENT Georgetown Optimist Club/Boy Scout Hut Page 3 C. UTILITIES. LESSEE shall pay charges for all utilities, including but not limited to water, wastewater, electricity and sanitation utilized or authorized by the LESSEE or LESSEE'S assigns at the leased Premises. D. LESSOR'S RIGHT TO ENTER PREMISES. LESSEE agrees to permit LESSOR and LESSOR'S agents to enter at all reasonable times to view the state and condition of the Premises or for any other reasonable purposes. LESSEE shall permit LESSOR or LESSOR'S agents on or after sixty (60) days next preceding the expiration of the term of this Lease, to show the Premises to prospective LESSEES at reasonable times, and to place notices on the front of said Premises for lease or sale. -- V. INSURANCE/INDEMNIFICATION A. INSURANCE. As a condition, LESSEE shall maintain, at its own cost, public liability insurance for its operations on the Leased Premises. The type and limits are as follows: For bodily inj'ury and death to any one person with minimum amounts of liability of not less than $500, 000.00 for each person; $ 1, 000, 000.00 per occurrence; and property damage coverage of not less than $300, 000.00 for each occurrence. LESSOR shall be named as additional insured on such insurance policy. LESSEE shall provide LESSOR with certificate(s) of insurance evidencing the public liability coverage required and described no later than fifteen (15) days after the execution date of this Lease Agreement. Such insurance policy shall provide that such coverage shall not be changed or terminated without thirty (30) days notice to LESSOR in writing, prior to such changes or termination in coverage. Any insurance polity procured herein shall contain an express waiver of any right of subrogation against LESSOR. LESSEE'S personal property is not covered by any hazard insurance that may be carried by LESSOR. B. INDEMNITY. LESSOR and LESSOR'S officials, employees and agents shall not be liable to LESSEE or LESSEE'S employees, patrons, visitors, invitees, or any other persons for any injury or death to any such persons or for any damage to 1995/96 LEASE AGREEMENT Georgetown Optimist Club/Boy Scout Hut Page 4 property caused by an act, omission, or neglect of LESSEE or LESSEE'S agents or of any other tbird person(s) on the premises of which the Leased Premises is a part. LESSEE agrees to indemnify and hold LESSOR, its officers, directors, employees, attorneys and agents harmless from any and all claims for such injury, death and damage, for injuries incurred to third parties, on the Leased Premises as well as court costs and reasonable attorney's fees incurred. VI. DEFAULT A. All terms, conditions and covenants of this Lease are deemed material and a breach of any one term, condition or covenant shall constitute a default of the Lease. A failure to satisfactorily cure any default within ten (10) days of receipt of notice by LESSOR shall, at the LESSOR'S option, be grounds for termination. B. TERMINATION. Either party may terminate this Lease upon sixty (60) days written notice providing, however, that the obligations as described herein are met by each party to date and during the sixty (60) day notice period. VIII. MISCELLANEOUS A. NOTICES. Notice, as required by this Agreement, shall be in writing to the following: LESSOR: LESSEE: Bob Hart, City Manager Georgetown Optimist Club City of Georgetown c/o Wayland Kidd P. 0. Box 409 3011 Gabriel View Drive Georgetown, TX 78627-0409 Georgetown, TX 78628 B. WAIVER OF BREACH. The waiver by LESSOR of any breach of any provision of this Lease shall not constitute a continuing waiver of any subsequent breach of the same or a different provision of this Lease. C. ASSIGNMENT. LESSEE may not assign this Lease Agreement or sublet the Premises or any part thereof without the prior written consent of the LESSOR. D. BINDING EFFECT. Subject to the provisions of this Lease pertaining to assignment of the LESSEE'S interest, all provisions of this Lease shall extend to and bind, or inure to the benefit of, not only the parties to this Lease but to each and every one of the heirs, executors, representatives, successors, and assigns of LESSOR or LESSEE. 1995/96 LEASE AGREEMENT Georgetown Optimist Club/Boy Scout Hut Page 5 E. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of this Lease Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. F. TEXAS LAW TO APPLY/VENUE. 1. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 2. In the event of a breach of this Agreement any and all suits, claims, causes of action shall be instituted and maintained in Williamson County, Texas. G. LEGAL CONSTRUCTION. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. H. LIMITATION OF WARRANTIES. LESSOR and LESSEE expressly agree that there are and shall be no implied warranties of merchantability, habitability, fitness for a particular purpose of or any other kind arising out of this Lease and there are not warranties which extend beyond those expressly set forth in this Lease. ATTORNEY'S FEES. If either party is in default under this Lease Agreement and the other party finds it necessary to place this Lease in the hands of an attorney in order to enforce its rights or remedies, the non -defaulting party may recover court costs, reasonable attorney's fees, and all other out-of-pocket expenses, including costs of litigation, deposition, travel, and witness costs. J. ENTIRE AGREEMENT. This Agreement constitutes the sole and only Agreement of the parties to this Lease and supersedes any prior understandings or written or oral Agreements between the parties respecting the subject matter of this Lease. It is expressly agreed by LESSEE, as a material consideration for the execution of this Lease, that this Lease, with the specific references to written extrinsic documents, is the entire Agreement of the parties; that there are, and were, no verbal representations, warranties, understandings, stipulations, agreements or promises pertaining to this Lease or the expressly mentioned written extrinsic documents not incorporated in writing in this Lease. 1995/96 LEASE AGREEMENT Georgetown Optimist Club/Boy Scout Hut Page 6 K. AMENDMENT. This Lease Agreement may not be altered, waived, amended or extended except by an instrument in writing signed by LESSOR and LESSEE, or their successors in interest, as the case may be. EXECUTED this day of 11995. THE CITY OF GEORGETOWN GEORGETOWN OPTIMIST CLUB Leo Wood, Mayor President ATTEST: - APPROVED AS TO FORM: Sandra Lee, City Secretary Marianne Landers Banks, City Attorney 1995/96 LEASE AGREEMENT Georgetown Optimist Club/Boy Scout Hut Page 7 STATE OF TEXAS § § CORPORATE ACKNOWLEDGEMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of , 1995, by , a person known to me in his capacity as President of the Georgetown Optimist Club, on behalf of said corporation. Seal Notary Public, in and for the State of Texas 1995/96 LEASE AGREEMENT Georgetown Optimist Club/Boy Scout Hut Page 8 Council meeting date: 9-26-95 Item No. AGENDA ITEM COVER SHEET SUBJECT Authorizing the Mayor to execute an agreement for retention and recruitment of industry by the Georgetown Industrial Foundation ITEM SUMMARY The proposed contract is the same as in previous years and provides funding of $130,000 as is provided in the Budget. This funding will provide for industrial development. Additionally, GIF will continue to market the orange "Tessco" buildings, collect lease payments, and remit them to the City. FINANCIAL IMPACT The amount of revenue from the lease of the buildings is approximately $25,000 per year. ATTACHMENTS 1. Proposed Funding Agreement S Bob Hart, City Manager STATE OF TEXAS § FUNDING AGREEMENT § BETWEEN THE CITY OF GEORGETOWN COUNTY OF WILLIAMSON § AND THE GEORGETOWN INDUSTRIAL § FOUNDATION CITY OF GEORGETOWN § This is an agreement between the City of Georgetown, a Texas Home Rule Municipal Corporation (hereinafter "City"), and the Georgetown Industrial Foundation, a Texas corporation (hereinafter "GIF"), for the City to provide funding for services received from GIF for the fiscal year from October 1, 1995, through September 30, 1996. I. GENERAL AGREEMENT The City seeks to promote industrial development activity, as set forth in the Strategic Plan for Economic Development adopted by the City Council on July 11, 1989, pursuant to the Century Plan. GIF began providing industrial development services for the City in May, 1990, and desires to continue to provide these services. II. FUNDING In consideration for the services to be provided by GIF, the City agrees to pay an amount not to exceed $130,000 for operational services, to be paid in equal installments on October 1, 1995) January 1, 1996, and April 1, 1996. III. DUTIES GIF agrees to follow the Strategic Plan for Economic Development, as referenced above. Further, GIF agrees to submit to the City updated goals and objectives which will cover improved electric load factors, business retention, and foreign trade zone activities. GIF shall provide a monthly report to the City Council describing its progress towards its goals, its other activities, and expenditures for funds received. Specifically, GIF agrees to participate in allied coordinated trade shows, e.g., but not limited to the Lower Colorado River Authority, and the Corridor Council. GIF further agrees to permit an audit of these expenditures by the City's designated auditor. GIF agrees that its director is solely an employee of GIF and not an employee of the City. IV. MARKETING RESPONSIBILITIES The City owns the property and buildings located at 321 W. Eighth St., Georgetown, Texas, (hereinafter called "buildings"). GIF agrees to open the buildings to potential tenants as the need arises and as vacancies occur within the buildings. GIF agrees not to discriminate with respect to GIF Funding Agreement/1994 Page 1 of 3 Pages the prospective tenants that may have an interest in leasing the buildings. GIF agrees to forward any potential leases to the City for review by the City Attorney. Upon approval of the City Attorney, the lease may be executed by the City Manager on behalf of the City. GIF will collect rent on a monthly basis and remit the proceeds in excess of building repairs to the City. GIF will retain the remaining lease funds which shall be placed in a fund dedicated to continuing maintenance and repairs of the buildings. V. AMENDMENT AND ASSIGNMENT This Agreement shall not be altered, waived, amended or extended without the prior written consent of both parties. GIF may not assign this Agreement to another party without the prior written consent of the City. All notices regarding assignment shall be given as provided in Paragraph VI. It is further agreed that this Agreement shall be binding upon the administrators, executors and assigns of the parties. VI. TERMINATION Either party may terminate this Agreement upon thirty (30) days written notice to the other party. Such notice shall be hand -delivered or sent by certified mail, return receipt requested to the following addresses: CITY: Bob Hart, City Manager City of Georgetown P. 0. Box 409 Georgetown, Texas 78627-0409 GIF: Bruce Barton, Executive Director Georgetown Industrial Foundation P. 0. Box 114 Georgetown, Texas 78627-0114 Upon notice of termination, all obligations under this Agreement shall cease, and the City shall only fund those expenses that actually were expended up to the notice of termination. EXECUTED this day of THE CITY OF GEORGETOWN wo Leo Wood, Mayor GIF Funding Agreementl1994 Page 2 of 3 Pages 1995. GEORGETOWN INDUSTRIAL FOUNDATION 0-0 President Attest: Sandra D. Lee City Secretary STATE OF TEXAS § COUNTY OF WILLIAMSON § Approved as to form: Marianne Landers Banks City Attorney CORPORATE ACKNOWLEDGEMENT This instrument was acknowledged before me on this the day of 19941 by Jim Gross, a person known to me in his capacity as President of the Georgetown Industrial Foundation, a Texas corporation, on behalf of said corporation. Notary Public in and for the State of Texas GIF Funding Agreement/1994 Page 3 of 3 Pages Council meeting date: 9-26-95 Item No. AGENDA ITEM COVER SHEET SUBJECT Authorization for Councilmembers to attend the National League of Cities Annual Conference ITEM SUNEVIARY The Annual Conference this year is being held in Phoenix, Arizona from November 29 through December 2, 1995. A variety of informational topics will be presented along with a pre -conference seminar sponsored by the Leadership Training Institute of the 1995 Congress of Cities. ATTACHMENTS 1. Conference information by: Bob Hart, City Manager Conference Registtion and Hotel Information GENERAL INFORMATION ;Dve-v deie23te, guest, speaker, reore a^canoe of he media and anv other conference cat- tieoant must comolete this form ita iull to be :egLszared ana to be :ssignea a hotel room. Pavmenc must be received in full prior to hotel assig:imenr and restraaon processing. all requests for re;stanon, here! and manges must be !n writing (no te!echore re -quests arc-vred). METHODS OF PAYMENT Conference Registration Fee: Fees may be raid by credit c-ard (NMastem-rd or VISA), &,e--'(, voucher, or purchase orde`" Hotel: ;`1LC accents credit card guarantees . only for your hotel. If you .visa to guaran- tee your hotel by check voucher, or pur- chase order, suomit your guarantee dir_ —dy to the hotel once You have received a 'horei condrmanon. This me hod of guarantee will not de!av your housing assignment. :Mail your form and payment to: M C Conference Registration Center P- C. Box 85080 Lock Box-_053 Richmond. V jrtima 23285 Ove.'ni3ht your form and payment to: CONFERENCE REGISTRATION DEADLINES To guarantez poor room, aU hotels require a one-su#t deposit plus tax \ZC Re,i=tion Center September 15, 1995: Postnark deadline per room 10 days prior to your for eariv zg:scae-jn Two Vintage Park, Suite 200 arrival- This is regnirrd even if you =J36JNovember 3, 1995: Postmark deadline plan arrive before -! 0 p.m. A1I Ventage Para Plaza for acvance regtstranon, hotel reouescs. and unguarantee•d rrsc-iations 10 days Ste111r1g, Virginia 20I60requested c:.arges to edsnag ::^.ere! acccm- prior to arrival will be can modaeons. after tius care, on -site rersca- �on on!v CONFcREtiCF REGISTRATION � A Holiday Inn Crowne ?!am 8 San Cirios Hotel C 3am3da Hotel Phoenix Downtown o aest western Ececum'e Pack E Phoenix Hilton Suites —� F Quality Hotel Central ?hoe= G f nn�ton Hotel H 'rolidav inn Noah Central j 1 Pointe Hilton Resort Squaw Pt_irt J. J :Utz-ciriton Phoenix K She_aton C-esc_nt L Wvnaharn Metrocenter Hotel 3 M Holidav inn Corporate Can= j N Hoiidav fun rtirciort fast o Wvnahatn Garden Hotel Airport P Douole ree Suites 0 Phoenix ,Airport Hilton it PHO&`i cl-AC ?L VA O 9 i SKY HARBOR INTERNATIONAL AIRPORT I An meetings Wu be held at the P6oe& Civic Pam. CATEGORIES November 10, 1995: Postmark deadline for carceltacons. Direct Member — C;., ofEdais om e: < um, dues dire day to L lLC CONFERENCE REGISTRATION AND pav as :vel as to ches mce municpai HOTEL CANCELLATION POLICIES iague< A11 requests for cancellation must be in writ- Associate Member — i z postmarked by November 10, 1995, Orgarauacors t^.ac pay dues d redly to and are Yubjec-. to a 540 c,ncedation fee. NLC. No parmi reny,ds will be made if you decide indirect Member — "'tv ctEcais nor to attend oarticuiar functions, cm cee< tnac ray dues only to he r THE EXPOSITION Delegates will have the opportunity to attend the nation's largest and moss representative municipal exposition showcasing the !atest in new oroducts, services and ides! available to you will be more than 200 companies who provide services or products dealing with solid waste collection, garbage recycling, computer soitware and hardware, traffic management, emer- gency rescue vehicles, communica- tion, management, energy, finance. education and much more—:o better assist you and your tiri in efficiently delivering quality cost effemve ser- vices to the public In addition to the medal activities planned in the exhibit hall during the conference, you will be able to re, ster for a prize drawing. Details on the prize drawing and entry forms will be included in your conference packet. Prize winners will be armounced daily and you must be present to wuL NEW SPOUSEIGUEST FEE Due to the inaeased cost of servicing the thousands of registrants to the conference, a spousal/guest fee of S25 has been instituted_ This fee will cover the cost of a badge, ticket to the Saturdav reception in the exhibit hall, a ticket to the dosing event Saturday evening, and admittance to all coruer- ence workshoos. There is no separate fee for youth 18 or younger The guest fee will apply for youth over 18 yeas of age. state .murllC-,ai le-gi—, NortMember — C oifC3s who are roc me.^c-ers of NLC or their state muruccal leagues. Other — lncividtas uom crzanizaticras that do roc cav any dues to '-;LC- TO FLND OUT IF YOUR COlyQ4ULvTIY IS A DIRECT MENiBER =1. OR TO RECEIVE REBEL 5= LYFORN ATION, PLEASE CUL THE NL.0 NfB-Mi;R5B:1P OFF10E AT (202)626-3190 SPECIAL AIRFARE DISUDUNTS TO PHOENIX National League of Cl;;es 1995 Congress of Cities November 22.Oecambu 2, 1995 NLC has named T Ave! One as the official travel coordinarcr and United, US air, and America West as the omcial cirners for the 199S Congress of Cities and Exposition in Phoenix. Specially negotiated 6% and 10% discounted airfares will be odered when you book your navel thtougit the following number. TRAVEL ONE Toll-free:1-M-800-861141 Monday - Riday 8..9 in - 6.00 pm �wI S=rd Tax Identify yourself as An NLC Congress of Cities Attendee RENTAL CARS Parking at the Phoenix Civic Plaza is S3.00 for the day. Alamo Renter -Car will offer a discounted daily race of 536 with unlimited mileage for an economy dass car to any LNLC delegate amacling the 1995 Congress of Cities. All automobile categories have been discounted and Travel One will assist you with obtaining the best rate. -+-r.� _ ^err •1 :�:c`�.,`: -: .'r+.=., i=•a:u�4 X-f�.: �--. �S',r"'`::�':^2: '�'.-'"-" :Y'i:i7"r :�.r"'.'„i��-s. �:7e ..ya3,�e'�'rl �.3'` #n�M. •'. _ ��. - .�-`�::.3i - -i'•- at. �?"Sr a.lr;_-sN� �.ti �' t T►ZL-"r-•.�•.�^_:.:_:.r:_�::-'i;--- - ■ ] 1 ]Conference Regi sbtio and Housing Form I ATTENDEE PROFILE ?. Your usistance in -ailing out this box will helo us develop an anerdee profile. as'vel as idenoiv first tLme 1'LsSc YPE OR PRINTr I . aneneees. Please check or n11 in approonare L'MorMacon. Please bore: ] BACXGROULND 1995 POSITIONS HELD _ mar e my ;�<e.•vanons as irdicace�+ below. ] — - Newiv eleced to or-,ce this year ?oara of Direcors I _ t do not require betel accommodations at any or the 5 — 1 — � 1cooinred to orfce ;his ,year dtl;ory Ccunal I I hoses tilted below. — Lr<t cme conierence artencee Slit Pdent ] — `ears in once — SIfl. Dire .cr � I _ Pease comas me egardin; suite +n or hats. '-.4 { ?olio; CJmrnittee ChaiuVice C :aia Site of Ci:71 Corsnc:erc;Grou — I prefer a non-s� gkirg roam (assigned on a soace I avaiiable basis) ' — — o ChairiPaidert CJnrere :cos attericea _ Congress of Cites Proeram Committee i i ,>.a ] _, Scanting Committee i_:�air (i.e. CC. P. I Ar 'va.( Date _J Time Leacz;irio Trainrq Cvurtcl. btremaaonci I Departure Date i Time I 3 .=. !dunicioa( Consormanf �. NO REGISTRATION IVIU BE PROCESSED IMHOL7 ACCOJiP.aNYDIG PAnM';T IN FULL ] type 1 Soecal Hoing RequetPease � i y I Y; .=a ] dame I .� See F I Tide ll e.z...vnee:ezair act ibie porn'. ex.:' sou .^.ale srecal tousinz or, ' �nsoot aeon rr ^�..iease conrac .e Conieerce �°�sazaon I '`3 K C:,i or Organization f I I'viu be sharing my roam with: ] `.tailing =.dire<_s Co -Occupant ; lame? _ _ ] City State ;] :1D ` ITelephone t ) CREDIT CARD AUl THORI —,4 j Fan]Av Member Attending (S2S spouseigfresr roe: no yptrrlf IzP1 ] , r3 ] SPouseiGuest Full dame Sex F _Charge my remcration iees (Mastercard or VISA) one". ': 11 j - Charge hotel � iQ; ChuId my room deposit (Al major cedit c�a3)— ] AgeI Child •ago I Credit Card Comoanv j ] Check applicable Conference RegirCacion Fee and enter total fees in the right hand column: J Credit Card' umber I ] I E�R.LY REGISTRATION FEES (Postmarked by September 1S, 1995) Bank Numbe-' � ] S3=5 Cfre- ::ember S 5345 Assocate Member Lcpiration Date -" ] S S' 0 Indirect !(ember -N Conference Rezunadon C-ancer u author_ea to use me .hove Srd ro oav ] S :85!on-:ti(embe rOther 5 u1 acoii acle rezu"adon iM and guarantee my hose resenanen. i uncers ana ' ! 5 25 SpouselGuest S that one ^iusra morn ezarze mill t e billed i rou¢ ats ¢ti i ! ail to show uo for � - ADVANCE REtiiSIR a?ION FEES (Posnnarked by November 3, 1995) rZv assigned housing on the confirmed dare unless 1 have cznceiled my �enaeon ` ��ar the hotel ac ;east 72 hours in i 4 i 5380 Direct Member 5 aavance ] S380-Associate Member 5 S475 indirect Member S Caralmider Signature Dace ] S550 Non .ti(emberiOther S S 25 Spouse/Guest S HOTrL PREFERENCE ] P.RE-CONFERENC£ SLW WARS (Tuesday, November 29) Rates listed bellow are for singie or double occupancy. ;ndicate ] 5135 I. Leaders as Coalition Builders S S 135 your drst-choice hotel with the number 1, and check• single or fI E,zgaging Citizens in Decision•mai6ng S ] S135 double occupants: Number the other hotels from 2 to 17 in order IIL New Horizons in Quality Government of your preference Your hotel and room ryoe will be assigned ] (sponsored by the City of Phoenix) S based on your postman; and hotel room availability at the time ] S 85 IV. Building Credibility S your request is processed. I .1 S 85 t! Connecting with Integrity S ] S 85 VT. For suite iniormacpn corm:the the NLC Conicrence Re;smaaon Asset -Based Community Development Center. ] 5 85 VTI. Keys to Effective Presentations S PRE•CDiYTEREti'� SF.IILYARS (IVednesday, All unguatanteed reservations ;YW be automaccallv canceled if f not 10 days ] November 30) S 13S VIII. Susminabiiity Buzz Word or Bonanza S guaranteed prior to arrival. ?ill rooms require one fight deposit plus tax per roofs. See armched Hotel Iniorrnacon. 585 IX Competing in a World Economy S S 85 X. chaise Hotel !fame ] When Disaster Strikes 5 Bate 0crrpanc)r S 3S XI. Fostering Economic Independence 5 ] j S j 0 j S 35 XIL Ter.:-tnology of Prevention — (A) Holiday fin Crowne Plaza S132 S 85 XIII. S ] Bostering Communication Effectiveness S 35 — (B) San Carlos Hotel S 82 XIV Work and Family S ] 585 XV. Finding Balance in the Political —(C) Ramada Hotel Phoenix Downtown 569 ,arena S ] S 85 XVI. Been There — Done That — Now what? S — (D) Best western Executive Paris S 71 ' SPECIAL EVUM — (E) Phoenix Hilton Suites 5125 I j S ZS GLBLO Activity Fee S S 35 HELO Annual Dues WecrwYdirecr marrber ciC,,) — (F) Quality Hotel Central Phoem-c 5 74 j S ] S 45 HELO Annual Dues idecredlnon-member city) S — (G) 1•enngton Hotel S 65 ] S 55 HELO Annual Dues (suvporting member) S — (H) Holiday Inn Nosh Central S 75 ] S175 NBC•LEO Annual Dues/Acnvfties Fee (includes workshops, banquet 25th year evma and 1996 — (1) Pointe Hilton Resort Squaw Peale 5150 j membership dues) S ni ] S 40 NBC-LEO 2Sth Anniversary African American (n Ritz-Carlton Phoenix 5135 n V ] Banquet Fee (for noBC LEO members) S S 40 WUv G Netwodting Brunch — (K) Sheraton Umscenr S 99 ] S — M Wvndham Metrocencer Hotel S 89 j j ] TOTAL REGLSTRATION FM — (SO Holiday (nn Coroorate Center 575 j 1 Hose City Events (please check 6e box i f you would like a b►mchure) ] Tournament (N) Holidav Inn Airport East 585 j j _Golf _ Spouse. Guest, Youth Activities ] Checks are to be made payable to: _. (0) Wyndham Garden Hotel ;airport Slog j J ] NATIONAL LEAGUE OF CITIES (P) Doublear: Suites — 5119 ] No registrations or cancellations titan )'our form and payment a — (Q) Phoenix Airport Hilton 589 will be accepted by telephone. NLC Conference .all major credit cards are accepted a the All requests must be in writing. Reptr"ation Center conference hotels .au government Purcriase Orders, vouchem or clairns must be subrructed to the R 0. Box 85080 hotels FOUR WEE_r6 poor to your arrival. and are subject to hotel aopmvaL � Lock Box 4053 1 Richmond, Virginia 23285 Far FASTER RE�3STRATIO H, use your credit card ] Printed (Visa, MasbeWard) and FAX your form to (703) 318-756. on recycled pap¢ . ] ABC Council Meeting Date: September 26, 1995 Item No. IV AGENDA ITEM COVER SHEET SUBJECT Consider award of the annual bid for gasoline and diesel fuel to Triple S Petroleum in the estimated annual amount of $79,000.00 for unleaded gasoline and $19,000.00 for diesel fuel. ITEM SUMMARY Bids were received for the purchase of gasoline and diesel fuel for a one year period, with an option to renew at the end of the term for an additional one year period if mutually agreed upon by all parties. The staff is recommending that this bid be awarded to the overall low bidder, Triple S Petroleum of Austin. This bid was written, solicited, and evaluated through a cooperative effort of Williamson County, Georgetown ISD, the City of Round Rock, Round Rock ISD, and the City of Georgetown. Each entity provided input for the specifications which would address their unique situations. The City of Georgetown Purchasing Department staff then took the information and incorporated it into a comprehensive specification that met all of the participating entities requirements. After bids were received representatives from each entity met to discuss the criteria to be used for recommending an award. As a result of this meeting it is recommended the fuel bid be awarded to Triple S Petroleum as the overall low bidder. Each entity will be responsible for the purchase of their fuel from Triple S as well as the resolution of any disputes. Additionally there is a clause that allows any other entity wishing to participate in this bid the right to do so after their governing body approves a cooperative purchase agreement. SPECIAL CONSIDERATIONS To my knowledge this is the first time that these governmental entities have participated together in a cooperative purchase. We are currently in the process of forming a County wide cooperative purchasing group that will explore future cooperative ventures with all governmental entities in Williamson County, not only to obtain more favorable pricing but also to reduce the associated staff and bid advertising costs. FINANCIAL IMPACT (cost of item, fund and division name, budgeted amt.) Total estimated amount of this bid is $98,000.00. Funds were budgeted for this expenditure in each department's fuel and oil account. COMMENTS (from City Attorney, staff, boards and commissions) none ATTACHMENTS (list individually) 1. bid tabulation Submitted By: Terry Jones, Purchasing Director Susan Morgan, Director of Finance & Administration UNLEADED GASOLINE AND DIESEL FUEL BIDS TAC SUNCOAST ONYX TRIPLE S* TRANSPORT 1. UN REG. .0042 .0009 .0094 .000!::: 2. i DIESEL .0067 .0065 .0214 .01 2A. ADD. TERM N/A .0050 N/B .028 2B. ADD JOBBER .0135 .0050 N/B .028 3. UN MID. .0037 -.0051 -.0006 .0000 4. UN PRE. .0000 -.0101 -.0031 .0000 LESS THAN TRANSPORT 5 ' UN REG. .0325 .0390 .0684 .01 6 DIESEL .0325 .0390 .0899 .02 6A. ; ADD. TERM. j N/A .0050 N/B .028 6B. 'ADD JOBBER .0135 .0050 N/B .028 7. i UN MID. .03 .0390 .0584 i .01 8 UN PRE. i .015 .0390 .0559 .01 BOBTAIL 9. UN REG. .0515 .0590 NIB .02 10. DIESEL .0515 .0590 N/B .03 1 OA. ! ADD. TERM. N/A .0050 NIB .028 )B. JADD JOBBER .0135 .0050 N/B .028 11. ! UN MID. .0515 .0590 N/B .02 12. 1 UN PRE. I .0515 .0590 N/B .02 * LOW BIDDER NOTE: THE PRICES SHOWN ARE THE AMOUNTS OVER OR UNDER THE OPTS AVERAGE THAT WE WILL BE CHARGED FOR FUEL. THE OPTS AVERAGE IS AN AVERAGE OF ALL TERMINAL AND REFINERS IN THE AUSTIN AREA. FUELBID.WK409/18/95 Council Meeting Date: September 26, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT Consider award of annual bid for emulsion to Koch Materials in the estimated amount of $18, 562.00. ITEM SUMMARY Bids were received for the purchase of emulsion for a one year period. This product, which is liquid tar, is used in the maintenance and construction of streets. The staff is recommending award of this bid to the low bidder, Koch Materials of Austin. SPECIAL CONSIDERATIONS none FINANCIAL IMPACT (cost of item, fund and division name, budgeted amt.) Total estimated amount of this bid is $18,562.00. $90,000.00 was budgeted in account 100- 134-5205-00 Street Maintenance for which this amount is included. COMMENTS (from City Attorney, staff, boards and commissions) none ATTACHMENTS (list individually) 1. bid tabulation Submitted By: Terry Jones, Purchasing Director im Briggs, Director of Community Owned Utilities EMULSION - BID NO. 95032 BID TAB SHEET ITEM_.# DESCRIPTION KOCH BRIDGES 1 EMULSION HFRS 2P PRICE PER GALLON 0.9281 1.05 3,562.00 * $21, 000. 00 Council Meeting Date: September 26, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT Consider award of bid for digital recorder to Commercial Electronics Corporation in the amount of $43, 544.00. ITEM SUMMARY Bids were received to furnish and install a 48 channel digital recorder in the Police Department to replace the existing recorder which is failing. The staff recommendation is to award this bid to the low bidder, Commercial Electronics Corporation. This digital recorder is required by the FCC to record radio, telephone, and 911 traffic. This particular type of technology is currently in use at over 6000 locations throughout the United States. The unit we are requesting purchase of is the newest model on the market. Jeff Clausius, Information Systems Director has reviewed the bids and specifications and recommended the purchase of this equipment. SPECIAL CONSIDERATIONS none FINANCIAL IMPACT (cost of item, fund and division name, budgeted amt.) Total amount of this bid is $43,544.00. This is not a budgeted expenditure however, the equipment is failing and needs to be replaced. Funds are available for this expenditure in account 100-865-5601-00 Police Services, Information Management, Furniture & Equipment. COMMENTS (from City Attorney, staff, boards and commissions) none ATTACHMENTS (list individually) 1. bid tabulation Submitted By: Terry Jones, Purchasing Director Lv'- Larry Hesser, Director of Police Services DIGITAL RECORDER BID TABULATION n -1 rlM * n 'n A)rnr rx rm Commercial Electronics Corp. $43,544.00 Dictaphone $47,000.00 Communication Systems, Inc. $52,415.00 Creative Switching Designs $50,855.00 Council meeting date: 9/22 /95 Item No. AGENDA ITEM COVER SHEET SUBJECT Award bid for all lines of property and casualty insurance for FY'96 in the estimated amount of $2527440 ITEM SUMMARY With the assistance of an insurance consultant, City staff prepared bid proposals on all lines of property/casualty insurance, received bids from eight brokers/agents, and evaluated each proposal submitted. We now request permission to bind coverage based on the attached Recommendations for FY'96 Insurance. Bidders included two local agents (Dady Ins. and Evans, Ewan & Brady), two area agents from Temple and Austin, two national brokerages (Sedgwick James and Arthur Gallagher), and the Texas Municipal League Intergovernmental Risk Pool, known as TML-IRP. Bid responses this year were extremely favorable, allowing the City to pay less money for more and better insurance. The most significant improvements overall include: • doubling limits of liability coverages from $1 milion to $2 million • reducing the deductible on workers compensation from $5,000 to $0 • increasing airport hangarkeeper's liability from $50,000 to $1 million • broadening the employment related practices liability coverage • improving coverage and reducing deductible by $5,000 for Public Officials Liability • reducing the deductible for mobile equipment from $10,000 to $250 • eliminating coverage disputes by consolidating certain lines of coverage Even with all the increases in limits and reduced deductibles, our total estimated cost ($252,528) is still lower than what we are paying this year ($253,690). We are now very well positioned for the additional growth we are experiencing. SPECIAL CONSIDERATIONS As stated in the bid specifications, we will now be on a three-year bid cycle: insurance policies will be bound for FY'96, with the option of renewals for FY'97 and FY'98. The three- year cycle enables us to receive better quotes from more insurers and maintain more continuity in coverage. FINANCIAL IMPACT See attachment for specific cost of each line. Monies were budgeted in various funds to cover these expenses. ATTACHMENTS 1. Recommendations for FY'96 Insurance 2. Summary of proposals received 3. Memo of 9/20/95 from E. Gray to B. Hart 4. FY `95 Insurance Register (for comparison) Submitted By: 6 a- --. Ca� Elizabeth Gray, Dire or of Information Resources RECOMMENDATIONS FOR FY'96 INSURANCE COVERAGE Texas Municipal League --Intergovernmental Risk Pool Carrier Coverage Limit Deductible Premium TML-IRP Gen. Liability $2,000,000 OCC $5,000 $46,792 TML-IRP Law Enforcement Liability $4,000,000 AGG $5,000 24,095 TML-IRP Auto Liability $2,000,000 OCC $1,000 $31,607 TML-IRP Auto Physical Damage ACV $1,000 $13,239 (85 VEHICLES) TML-IRP Airport Liability $1,000,000 NONE $6,690 TML-IRP Hangarkeepers $1,000,000 $2,500 INCL TML-IRP Workers Comp STATUTORY NONE $77,200 Hartford Casualty Employee Dishonesty $100,000 $2,500 $497 TML-IRP Real & Personal Property $36,010,418 $10,000 $29,465 TML-IRP Mobile Equipment INCL $250 $2,572 iany Deductible Premium $10, 000 $18, 795 Deductible Premium $1,000 $1,488 ew policy and a new agent) CITY OF GEORGETOWN INSURANCE PROPOSALS 1995/96 1994/96 Age��/Broker 19941M Lnsurer 1994/95 Dot uc_ ilk 1994/15 Premium 1M/96 Bid Day I� , 1995/96 Bid TML 1995/96 Bid Evans. Ewan X 1995/96 Bid Se-dgwick James 1995196 Bid 1995/96 Bid 1995/96 Bid 1995/96 Bid Leibowitz Hend M R P Gallagher & Co Falcon Ins. General Liability TML TML 10,000 per occurrence 41,930 65,685 (Titan Ind) 38,917" No Bid No Bid No Bid 276,988 (United Nat); 25,000 deductible on 52,454 (Hartford N); all coverage per 5,000 deductible No Bid occurrence Auto Liability TML TML 1,000 per occurrence 24.582 45,244 (Titan Ind) 25,898" No Bid No Bid No Bid 54,241 (Hartford) No Bid Included Above Auto Physical Damage TML TML 1,000 per vehicle; 10,000 per occurrence 12,886 10,254 (Titan Ind) 13,700" No Bid No Bid No Bid 16,544 Hartford Included Above; (Hartford) No Bid 1,000 deductible Law Enforcement Evans, Ewan & Brady National Casualty 10,000 per occurrence 21,750 26,318 Titan Ind ( ) 20,084 27,026 (Nall Casualty) No Bid No Bid Included Above; 30,782 (Hartford N.) No Bid 25clud deductible Public Officials Evans, Ewan & Brady National Casualty 15,000 per occurrence 19,813 25,000 (Titan Ind); 10,000 deductible 27,077 24,118 (Nall Casualty) No Bid No Bid National Union Fire No Bid No Bid E18,795 3,000 (Nat Union Airport Liability Falcon Signal Av. 0 2,658 Fire); 1,000 deductible 6,490 No Bid No Bid 2,656 (Signal Av) No Bid No Bid 5,500 (Old Republic) Real/Personal Property TML ML EDP included ( 10,000 per occurrence; 25,000 flood 25,612 55,642 (Titan Ind); Flood not covered 28,376 No Bid No Bid No Bid 34,647 Hartford No Bid Included Above; (Hartford) 10,000 deductible Mobile Equipment TML TML 10,000 per occurrence 1,080 No Bid 1,342 No Bid No Bid No Bid No Bid No Bid � 3oiler/Mach Dady Hartford 1,000 per occurrence 676 1,488 Lib (Hartford Steam) 862 Lib; 8,987 All Loc. No Bid No Bid No Bid 7,284 (Hartford); 750 deductible; 5,000,000 700 Lib; 2,981 All maximum No Bid Loc; 1,000 deductible Norkers Comp. TML TM 5,000 102,000 est. No Bid 67,962 Estimate No Bid 123,63(Industrial IL nd.) No Bid Included Above; 110,023 (Hartford) No Bid 50,000 deductible 'ublic Em to P Y Bond Johnson & Hi gins (AMGRIP� Crum &Forster 2,500 961 20 (National Union 497 (Hartford) No Bid No Bid No Bid No Bid 961 AMGRIP No Bid DP N/A N/A ncluded in Property ncluded in Property P Y No Bid No Bid No Bid 881 (Hartford); 250 Included Above; deductible No Bid 10,000 deductible :mployee Practices N/A N/A Included in E&O Not Quoted; Included in Public Off. No Bid No Bid No Bid Included Above; No Bid No Bid 25,000 deductible mbrella N/A 17628 (Titan Ind); ,N/A No SIR Not Quoted -- see note under GL No Bid No Bid No Bid 16,647 (Hartford); No SIR No Bid 45,800 (4mil. excess) PA _ N/A NIA No Bid TntaP No Bid cora aon No Bid No Bid No Bid No Bid No Bid 20,775 (Gallagher Bassett Services) Recommended bidder in bold To: Bob Hart, City Manager From: Elizabeth Gr�,ector of Information Resources Subject: Recommendations for FY'96 Insurance Coverage Date: September 20, 1995 We have now completed our analysis of property/casualty insurance proposals for FY' 96. Although most lines will remain with the current agent and insurer, I do recommend that insurance carriers be changed in a couple cases, for reasons of cost, policy coverage, and service. The lines that I recommend changing are listed below: FROM TO (FY'95) (FY196) Type of Agent Insurer Agent Insurer Insurance Law Evans Ewan & National Texas Municipal TML-IRP Enforcement Brady Casualty League Liability (TML-IRP) Airport Liability & Falcon Ins. (in Signal Aviation TML-IRP TML-IRP Hangarkeepers Austin) Inc. Public Officials Evans Ewan & National Arthur J. National Union Liability Brady Casualty Gallagher & Fire Company As you can see from the above chart, on two of these lines of insurance, my recommendations will unfortunately have the effect of transferring business from a local agent to non -local agents. Although we would like to "buy local" whenever possible, the recommended companies submitted proposals for better insurance (higher limits, lower deductibles, and better coverage) at a cheaper price than what the current insurers proposed. In addition, you know that Marianne has had tremendous problems with National Casualty regarding their unsatisfactory selection of legal counsel and poor litigation management. After making independent inquiries, she is satisfied that the TML and National Union coverages being recommended will be an improvement over the current national Casualty policies. I can provide further information on this issue if you wish. cc. Marianne Banks, City Attorney FY'95 INSURANCE REGISTER CITY OF GEORGETOWN Revised 5/1/95 COVERAGE AGENT/ INSURER LIMIT DEDUCTIBLE COMMENTS PREMIUM ANNIV POLIC' BROKER DATE NO. General Liability TML TML $1,000,000 per occurrence $10,000 each $41,930 10/1/95 2903 $2,000,000 annual occurrence -93 agoregate Auto Liability TML TML $1,000,000 each $1,000 each $24,582 10/1/95 2903 occurrence occurrence -93 $25,000 auto medical Auto Physical Damage TML TML $1,071,433 $1,000 per new vehicles automatic coverage $12,886 10/1/95 2903 vehicle ACV (Actual Cash Value) -93 $10,000 per occurrence Law Enforcement Evans National $1,000,000 CSL $10,000 occurrence basis $21,750 10/1/95 PL Ewan & Casualty (incl. $150 commission) -4407 Brady/ 41 GoPro Public Officials Evans National $1,000,000 CSL $15,000 claims made basis $19,813 10/1/95 PO-42 Ewan & Casualty (incl. $200 commission) 1156 Brady/ GoPro Airport Liability Falcon Signal Av. $1,000,000 per occurrence $0 $2,656 10/1/95 GLO $1,000,000 annual 50782 aggregate $50,000 one or all aircraft Real/Personal Property TML TML $28,034,608 $10,000 all risk $25,612 10/1/95 2903 flood $25,000 edp included under bldg. contents -93 replacement cost Mobile Equipment TML TML $508,356 $10,000 $1,080 10/1/95 2903-9 Boiler & Machinery Dady Ins. Hartford $1,500,000 $1,000 property $420 pro rata 2/15/95 SBD-HI Agency full yr renewal was $676 73351� Workers Compensation TML TML per TWCC $5,000 employees, VFD, volunteers, elected $102,000 est. 10/1/95 2903 officials $101,120 FY'94 audited $105,126 FY'93 audited $122,939 FY'92 audited -93 Public Employee Johnson & Crum and $100,000 $2,500 $961 10/1/95 626-01 Dishonesty Bond Higgins Forster (Amgrip) Council Meeting Date: September 26, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT Council approval of Amendment #3 to the contract between OMI and the City of Georgetown, in the amount of $825,345.00. ITEM SUMMARY: In our efforts to continue to provide an excellent and adequate water supply to the customers of the Georgetown water service area, it is necessary to evaluate our system and procedures annually and update accordingly. OMI has been our water treatment provider since October, 1993. During this time, OMI has proven themselves to be competent and have provided the necessary services as requested. According to the contract between the City and OMI, the contract will be renegotiated each year of the five year contract period. Costs to maintain the water treatment system will be $825,345.00 for fiscal year 1995/1996. a Therefore, staff recommends Council approval of Amendment #3 to the contract between OMI and the City in the amount of $825,345.00. SPECIAL CONSIDERATIONS: NONE FINANCIAL IMPACT: Funds in the amount of $825,345.00 are to be paid as follows: 52% to be paid from Account # 660-109-5302-00 $429,179.00 48% to be paid from Account # 650-109-5302-00 $396,166.00 COMMENTS: NONE ATTACHMENTS 1. Amendment #3 from OMI Submitted By: Jim Briggs, Director Community Owned Utilities AMENDMENT NO. 3 TO THE AGREEMENT FOR OPERATIONS, MAINTENANCE, AND MANAGEMENT SERVICES FOR THE CITY OF GEORGETOWN, TEXAS THIS AGREEMENT, entered into this day of , 1994, by and between the City of Georgetown, Texas (hereinafter "Owner"), whose address for any formal notice is 609 Main Street, Georgetown, Texas 78626 and Operations Management International, Inc., (hereinafter "OMI") with offices at 5299 DTC Boulevard, Suite 1200, Englewood, Colorado 80111-3333. NOW THEREFORE, Owner and OMI agree to amend the Agreement per Article 1.6 as follows: 1. Article 2.4 is deleted in its entirety and replaced with the following Article 2.4. 2.4 Provide and document all Repairs for the Project, provided the total amount OMI shall be required to pay does not exceed Fifty Thousand Two Hundred Ninety -Nine Dollars ($50,299.00) for the third year of this Agreement. Owner shall pay for all Repairs in excess of the Repairs limit. 2. Article 4.1 is deleted in its entirety and replaced with the following Article 4.1. 4.1 Owner shall pay to OMI as compensation for services performed under this Agreement a base fee of Eight Hundred Twenty -Five Thousand Three Hundred Forty -Five Dollars ($825,345.00) for the third year of this Agreement. Subsequent years' base fees shall be determined as hereinafter specified. The base fee for the third year of the agreement includes the sum of Sixteen Thousand Dollars ($16,000.00) as specified in Article 4.5 of Amendment No. 1 to this Agreement. 5. Article 5.1 of is deleted in its entirety and replaced with the following Article 5.1 5.1 One "Twelfth (1/12) of the base fee for the current year shall be due and payable on the first of the month for each month that services are provided. Capital Improvements in Appendix G will be invoiced upon completion and payable within Fifteen (15) days. AAGF0AMD3.WPD c Both parties indicate their approval of this Amendment to the Agreement by their signatures below, as of the date shown above. Authorized signature: Don S. Evans Title: President OPERATIONS MANAGEMENT INTERNATIONAL, INC. Date: Authorized signature: Name: Title: CITY OF GEORGETOWN, TEXAS Date: Council Meeting Date: September 26, 1995 Item No. -4<�6 AGENDA ITEM COVER SHEET SUBJECT Consider declaring surplus equipment and authorizing staff to negotiate a contract for auctioneer services. ITEM SUMMARY The attached list of surplus property has been deemed of no further use by the City departments. The staff recommendation is to declare this list of equipment surplus and authorize the staff to negotiate a contract with an auctioneer for the purpose of auctioning off the surplus. The City of Georgetown Code of Ordinances states, under 4.28 Disposition of Excess Property, that the City Council may declare any City property to be excess, as recommended by the City Manager. The ordinance states that the City Council shall determine the method of disposal of any surplus property. A widely accepted method for disposal of surplus property is by public auction. The vast majority of public and private entities utilize auctions for surplus property disposal. SPECIAL CONSIDERATIONS none FINANCIAL IMPACT (cost of item, fund and division name, budgeted amt.) Previous years auctions have netted the City $8,100.00 in 1994 and $16,200.00 in 1993. The staff anticipates revenues from this auction at about $5,000.00. Auctioneer fees usually are approximately ten percent of gross sales. COMMENTS (from City Attorney, staff, boards and commissions) none ATTACHMENTS (list individually) 1. surplus equipment list ,Submitted By: Terry Jones, Purchasing Director Susan Morgan, Director of Finance & Administration y SURPLUS AUCTION IXED ASSET 4 IS ASSET DESCRIPTION QTY 10143 3180 Terminal w/ keyboard 1 742 10132 3180 Terminal w/ke board 1 426 10156 3180 Terminal w/ke board 100-402 1 634 10116 3180 Terminal w/ keyboard 100-402 1 10139 3180 Terminal w/ke board 1 3180 Terminal w/ keyboard 1 10131 3180 Terminal w/ke board 1 996 10144 3197 IBM Terminal w/ keyboard 540-427 1 1001 10145 13197 IBM Terminal w/ keyboard 540-427 1 997 10146 3197 IBM Terminal w/ keyboard 540-427 1 10070 5291 Terminal w/ monitor 1 755 10136 5224 Printer w/ stand 1 669 10115 5224 Printer w/ stand 1 667 4224 Printer 540-427 1 IBM 5294 Control Unit 1 IBM 5250 Emulation Kit 1 AST 5251 1 V;t IXED ASSET 4 IS ASSET # DESCRIPTION QTY 714 10093 IBM Pro Printer XL 100-550 1 IBM Pro Printer 3 XL 1 792 IBM Pro Printer XL 540-102 1 882 Epson FX,286E 201-206 1 989 E son FX 286E 1 573 10191 E son LQ1000 1 693 11011 Epson FX 286 1 10150 Epson LQ510 1 968 10091 lEpson LQ1000 540-102 1 10110 Epson FX1050 1 687 Epson FX 286 w/ manual 100-340 1 10087 Panasonic KXP2624 1 Panasonic KXP2124 1 Panasonic Quiet KXP 2624 1 10076 Panasonic KXP 1180i 1 695 10165 Brothers HR25 100-340 1 834 JHP Plotter 7475A Telecom Fax Machine AA200 1 PAGE 3 IXED ASSET 4 IS ASSET # DESCRIPTION QTY IBM CGA Monitor Packard Bell Monochrome Monitor 1 Packard Bell Monochrome Monitor 1 Packard Bell Monochrome Monitor 1 Packard Bell Monochrome Monitor 1 Packard Bell Monochrome Monitor 1 Packard Bell Monochrome Monitor 1 Com uAdd Monochrome Monitor 1 Com uAdd Monochrome Monitor 1 Com uAdd CGA Monitor 1 Princeton HX12E Monitor 1 Princeton HX12E Monitor 1 Princeton Monochrome Monitor 1 1094 Hyundai VGA Color Monitor 100-402 1 Evervision VGA Color Monitor 1 Ma itronic Monochrome Monitor 1 Leading Ed e Monochrome Monitor 1 Samsung Monochrome Monitor 1 Samsung Monochrome Monitor 1 Samsung_Monochrome Monitor 1 Samsun2 Monochrome Monitor 1 S sd ne Monochrome Monitor 1 S sd ne Monochrome Monitor 1 SURPLUS AUCTION IXED ASSET 4 IS ASSET DESCRIPTION QTY 10143 3180 Terminal w/ keyboard 1 742 10132 3180 Terminal wlke board 1 426 10156 3180 Terminal w/ke board 100-402 1 634 10116 3180 Terminal w/ keyboard 100-402 1 10139 3180 Terminal w/ke board 1 3180 Terminal w/ keyboard 1 10131 3180 Terminal w/ke board 1 996 10144 3197 IBM Terminal w/ keyboard 540-427 1 1001 10145 3197 IBM Terminal w/ keyboard 540-427 1 997 10146 3197 IBM Terminal w/ keyboard 540-427 1 10070 5291 Terminal w/ monitor 1 755 10136 5224 Printer w/ stand 1 669 10115 5224 Printer w/ stand 1 667 4224 Printer 540-427 1 IBM 5294 Control Unit 1 IBM 5250 Emulation Kit 1 AST 5251 1 PAGE 2 XED ASSET IS ASSET DESCRIPTION QTY 714 r 10093 IBM Pro Printer XL 100-550 1 IBM Pro Printer 3 XL 1 792 IBM Pro Printer XL 540-102 1 882 Epson FX,286E 201-206 1 989 Epson FX 286E 1 573 10191 Epson LQ 1000 1 693 11011 lEpson FX 286 1 10150 lEpson LQ510 1 968 10091 Epson LQ1000 540-102 1 10110 Epson FX1050 1 687 E son FX 286 w/ manual 100-340 1 10087 Panasonic KXP2624 1 Panasonic KXP2124 1 Panasonic Quiet KXP 2624 1 10076 Panasonic KXP 1180i 1 695 10165 Brothers HR25 100-340 1 834 HP Plotter 7475A 1 Telecom Fax Machine AA200 1 PAGE 3 IXED ASSET IS ASSET # DESCRIPTION QTY IBM CGA Monitor Packard Bell Monochrome Monitor 1 Packard Bell Monochrome Monitor 1 Packard Bell Monochrome Monitor 1 Packard Bell Monochrome Monitor 1 Packard Bell Monochrome Monitor 1 Packard Bell Monochrome Monitor 1 Com uAdd Monochrome Monitor 1 Com uAdd Monochrome Monitor 1 Com uAdd CGA Monitor 1 Princeton HX12E Monitor 1 Princeton HX12E Monitor 1 Princeton Monochrome Monitor 1 1094 Hyundai VGA Color Monitor 100-402 1 Evervision VGA Color Monitor 1 Ma itronic Monochrome Monitor 1 Leading Edge Monochrome Monitor 1 iSamsung Monochrome Monitor 1 Samsung Monochrome Monitor 1 Samsung Monochrome Monitor 1 Samsun2 Monochrome Monitor 1 S sd ne Monochrome Monitor 1 S sd ne Monochrome Monitor 1 PAGE 4 IXED ASSET IS ASSET # DESCRIPTION QTY 821 PC Ltd, Smart UV 100-340 1 823 10196 PC Ltd. Turbo 540-426 1 641 10092 PC Ltd. XT 540-427 1 AMM 1 870 AMM 100-861 1 881 AMM 201-206 1 552 IBM XT 1 831 JIBM XT 1 00-340 1 638 IBM XT 540-102 1 550 IBM XT 540-102 1 518 IBM XT 540-102 1 817 10194 IBM XT 100-202 1 672 10164 IBM XT 100-340 1 760 10015 IBM PC 1 1101 10049 1113M Model 25 w/ monitor & ke board 222-861 1 1046 10129 Club 100-602 1 1182 10133 Club AT 1 1174 10020 Club AT 1 1095 Club AT 540-426 1 1312 10089 Com uAdd 386 SX 100-550 1 979 Com uAdd 286 1 10077 Victor R300 SX missin arts 1 1307 1 10148 Com unet 386 SX 16 MZ 100-402 1 637 10010 IlLeading Ede 100-606 1 61 JCompaq Portable 540-102 1 1120 10161 IHP Vectra 386/25 w/keyboard no video no monitor 221-34 1 IXED ASSET IS ASSET # DESCRIPTION QTY 1215 Ma nas nc Acitivity Monitor 1 1082 Emerson UPS 800 100-861 1 1087 Emerson UPS 100-861 1 Best UPS Micro Ferru s 251 IBM Selectric III Typewriter 100-861 1 246 IBM Selectric III Typewriter 100-861 1 393 IBM Selectric I) Typewriter 100-202 1 Smith -Corona Ultrasonic III 1 1161 /122 Everex tap; back uR with 17 cards 540-426 1 286 Motherboard 1 Printer stands 3 Calculator 1 Smart Start Speller 1 Twin X IBM Cable Teach & Tell Texas Instruments 1 Electric Eraser 1 Recorder - Panasonic 1 Omni Power 1 AB Switch Box 1 Glare Screen 1 Bell & Howell Film Strip Projector 1 Box of film strie 1 12 v. charger 1 Misc. circuit boards box 1 Emerson Turn Table 1 Twin X Data Switch Box 1 Su ersco e Recorder 1 Singer Insta-Load 35 1 Turn table unknown brand 1 Library Racks box 1 Misc. Parts box : Hays 2400 baud modem controller cards serial port cards SCSI card 360K floppy disk drives 720K floppy disk drive, Seagate ST 351 A hard disk drives Sea ate ST 157A hard disk drives microphase line driver. PC Tools 7.0 1 PC FullBak 1 American Heritage Dictonary1 Form Tools 1 Smarterm 1 Lotus 1-2-3- Windows Rel. 1.1 4 Lotus 1-2-3- for Dos Rel. 2.2 4 Lotus 1-2-3- for Dos Rel 2.3 7 Adobe Type Manager 1 IXED ASSET 4 IS ASSET # DESCRIPTION QTY Pin Ball Machine 2 8' Folding Table 2 8' Bifolding Doors 1 2-piece Beige Room Divider 1 Blue Divider 1 Gas Stove 1 Copier small 1 Standing Chalk Board 1 Picture w/Frames Black History) 11 Calculators 6 Telephones 2 Wire Paper Sorter 1 Answering Machine 1 Ma2 Holder 1 Ma azine Rack wire 1 Homelite Chain Saw 1 Fan 1 Cord Cover Flexi-duct 3 Filters box 2 Glass Globes for Light Fixtures 2 Letter Size Frames for File Cabinet Drawers 1 Step Stool 1 Car in Cases - Blue 2 Minutes Book 1 Box of Phones 8 1 Cellular Phone 1 Light bulbs box 1 Card Files metal 4 IXED ASSET 4 S ASSET 4 DESCRIPTION QTY Microsoft Bookwork 1 Everex Ta a Backup 1 Hold File 1 Misc Cable box 1 Tire Markin2 Sticks 2 0008361 Dictaphone Machine 1 00059E Constant Temperature Bath 1 Data Cartrid e Cubes 4 Mini Data Cartrid e Cube 1 Bag Phone 1 Telephone 1 Cash Drawer 2 Ceiling Grides box 1 Misc. Office Supplies 1 Kent Double Vacuum 1 Hot Plate Oven 1 Hot Plate 1 Cash Re ister 1 Typewriter Stand 2 Monitor Stand 1 Misc. Hardware for Shelving Modular Furniture desk return etc. Wooden Shelves 3' 3 Tamper 1 Lawn Mower 1 Cycle Mower - Jari 2 Doors/Windows - Wood s PAGE 1 IXED ASSET 4 S ASSET 4 DESCRIPTION QTY 5633561 1989 Dodge Pickup,Unit 60610 SN 1 B7HE26Y6KS1 7328,1 358421 1989 Chev. Caprice, Unit 86425 SN 1 G1 BLS17XKR19160 1 5039441 1986 Chev. Cavalier Unit #34602 SN 1 G 1 JC35P3LJ 1041 1 16000 1987 Fo d Van Unit 86302 SN 1 FTEE14HNHA55220 1 Council meeting September 26, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration of a Detailed Development Plan for Lake Aire Subdivision, Sections One and Two; and Ratification of Variances to the Subdivision Regulations ITEM SUMMARY: The Final Plat for Lake Aire Subdivision, Section One, was filed on April 25, 1988. The remainder of the property was an illegal lot under the Georgetown Subdivision Regulations from the time the 1988 plat was recorded until December 17, 1993, when a Final Plat was filed for Lake Aire Subdivision, Section Two. The City of Georgetown purchased the property in Section One in 1992 and sold it to the owner of the remainder of the shopping center in 1993. The submittal and approval of a detailed development plan (DDP) for both Sections One and Two was a condition of the City's sale of its property. Approval of this DDP, together with the earlier approval of the Section Two plat, will ensure that all tenants of the existing properties are in conformance with the requirements of the Subdivision Regulations, and enable the City to issue unconditional certificates of occupancy as new tenants occupy space at the shopping center. This DDP requires the consideration of several variances that are typical of existing developments required to comply with the current site design standards. However, one of the goals of requiring DDPs for existing developments is to evaluate where reasonable improvements can be made to the property to bring it into greater conformance with the design standards established by the ordinance. The Planning and Zoning Commission recommendation takes this goal into account and achieves many improvements to the site. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: The City used a portion of the proceeds from its sale to make the public improvements required when the Section Two plat was approved. These include extending the eight (8) inch water and wastewater lines along Dawn Drive, constructing Dawn Drive, and installing a sidewalk on Williams Drive. The water line improvements include the installation of fire hydrants to meet the Fire Code requirements. COMMENTS: At their regular meeting of January 4, 1994, the Planning and Zoning Commission voted 5-0 to recommend approval of the requested DDP for Lake Aire Subdivision, Sections One and Two, consistent with the motion described in the staff report. A revised DDP addressing the Technical Issues has been submitted and is included in the Council packet. All other requirements of the Commission's recommendation for approval have been fulfilled. This request has been delayed pending the submittal of a permanent parking easement for Lot 3, Section Two, meeting the City Attorney's approval. That easement document has been submitted at this time. RECOMMENDED MOTION: If this item is approved. by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation, unless stated otherwise. ATTACHMENTS: Staff Report and revised DDP. Submitted f, kl� Edward J. ry, AICP Director Hildy L. ngma, AI 10 Division of Developme t Services Chief Planner DETAILED DEVELOPMENT PLAN OF LAKE AIRE SUBDIVISION, SECTIONS ONE AND TWO; AND VARIANCES TO SUBDIVISION REGULATIONS OWNER/APPLICANT: Abraham Yuja, General Partner Lake Aire Shopping Center, Ltd 2900 Quail Run Round Rock, TX 78681 AGENT: Don Bizzell Steger & Bizzell Engineering, Inc. P. O. Box 858 Georgetown, TX 78627 863-4521 REQUEST: Detailed Development Plan of Lake Aire Subdivision, Section One, a 1.99 acre tract, and Section Two, an 8.01 acre tract; and variances to the Subdivision Regulations. Lake Aire Subdivision, Section One is recorded in Cabinet J, Slide 88 of the Official Plat Records and Lake Aire Subdivision, Section Two is recorded in Volume 846, Page 510 of the Official Deed Records of Williamson County, Texas. FACTS: Location: Located at 2415 Williams Drive. SEE EXHIBIT A Existing Site: The site contains an existing shopping center. Existing Zoning: C-1, Local Commercial District. Surrounding Uses North: Westwood Plaza, platted undeveloped land (C-213) and Zoning: South: Offices, residential, day care (RM-3 and C-1) East: Vacant land (RP) West: Williams Commercial Park, platted undeveloped land (C-1) Century Plan: The Century Plan designates this location as Intensity Level 5. The existing development (approximately 74,500 square feet) is within the allowable intensity limits. SEE EXHIBIT B DDP - Lake Aire Shopping Center September 16, 1995 Project 11 DP-94-07 / File: LAKE-AIR.DDP Page 1 Proposed Use: No change in use is proposed. Notification: 1. Notification forms with attached exhibits have been mailed to property owners within 200 feet of the site; 2. Notice has been published in the Williamson County Sun; and 3. Notification signs have been posted on the property. HISTORY: The Final Plat for Lake Aire Subdivision, Section One, was filed on April 25, 1988. The remainder of the property has been an illegal lot under the Georgetown Subdivision Regulations since the 1988 plat. The City of Georgetown purchased the property in Section One in 1992 and has recently sold it to the owner of the remainder of the shopping center. On December 17, 1993, a Final Plat was filed for Lake Aire Subdivision, Section Two, thereby creating legal lots of the entire property in conformance with the requirements of the Subdivision Regulations. The submittal and approval of a detailed development plan for both Sections One and Two was a condition of the City's sale of its property. The City will use a portion of the proceeds from its sale to make the public improvements required when the Section Two plat was approved. These include extending the eight (8) inch water and wastewater lines down Dawn Drive, constructing Dawn Drive, and installing a sidewalk on Williams Drive. The water line improvements will include the installation of fire hydrants to meet the Fire Code requirements. ANALYSIS: The detailed development plan (DDP) has been prepared for both Sections One and Two of the Lake Aire Subdivision. This, together with the Section Two plat already filed, will ensure that all tenants of the existing properties are in conformance with all requirements of the Subdivision Regulations. The applicant has requested several variances to the Subdivision Regulations for the DDP submitted. Most of these variances are typical of existing developments that are required to submit a DDP under the current ordinance. However, one of the goals of requiring DDPs for existing developments is to evaluate where reasonable improvements can be made to the property to bring it into greater conformance with the design standards established by the ordinance. The potential for achieving these improvements will be evaluated as each variance request is described below. DDP - Lake Aire Shopping Center September 16, 1995 Project # DP-94-07 / File: LAKE-AIR.DDP Page 2 Technical Issues: The following items must be addressed prior to City Council consideration of this item: 1. The ten (10) foot PUE running along both sides of Dawn Drive should be continued through Lots 1 and 2, Section One. Because these additional easements will not be platted, a dedication instrument should be submitted to ensure that they are filed for record with the County. 2. The structure on Lot 3, Section Two shows no parking. This structure is used as a day care center. Based on the Zoning Ordinance requirements, this center must provide six (6) parking spaces, at least one (1) of which must be handicapped accessible. These should be provided on a permanent, hard surface on Lot 3, or a shared use agreement provided with the property owner to use parking spaces on Lot 2, Section Two. 3. Section 27040 B.9. requires that the location and dimensions of existing and proposed water, wastewater, and drainage improvements be shown on the DDP. The City will be adding water and wastewater lines in Dawn Drive. The applicant should work with the Division of Community Owned Utilities to ensure that the proposed water and wastewater lines along Dawn Drive are located on the DDP in the proper location. 4. Section 27040 B.15. requires that sufficient information be provided to demonstrate compliance with the watershed provisions of the ordinance. Because no new development is proposed by this project, and therefore run-off will not be increased, drainage improvements will not be required. However, a baseline drainage study is required to show the existing situation given the development on the lots included in the DDP. This is exclusive of the improvements that will be made to Dawn Drive by the City, for which the City will conduct a separate drainage study. 5. Section 27040 B.16. requires proposed utility flow data to be provided. As noted by the applicant, this can be drawn from existing utility meters in the area. 6. A four (4) foot wide sidewalk must be shown on Williams Drive. This is required on major arterials by Table 33030-A, Design Standards for Streets, and will be constructed by the City as part of the sale agreement. The applicant should, therefore, consult with the Division of Community Owned Utilities regarding the location of the sidewalk before identifying it on the DDP. 7. Section 33056 E. requires that four (4) loading areas (10 feet X 40 feet) be shown on the site. These can be located behind the primary building or in parking aisles, but must be located "to insure adequate DDP - Lake Aire Shopping Center Project 11 DP-94-07 / File: LAKE-AIR.DDP September 16, 1995 Page 3 protection is afforded adjacent properties, especially residential properties, from noise and other disruptive elements normally associated with such facilities." 8. The complete dimensions, including height and sign face dimensions, of the Pit Barbecue sign have not been shown. Although not a requirement of the DDP submittal, a master signage plan will be required for this property prior to the issuance of any further sign permits. 9. If parking spaces exist in front of the building on Lot 1, Section One, these should be shown on the DDP. 10. Note #8 should be revised to clarify that it refers to potential new parking spaces to be provided on Lot 3, Section Two. 11. Revise Note #13 to add actual and allowed impervious cover information for Lots 1 and 2, Section One. Also add the allowed impervious cover limit (70 percent) to the data on Lots 1, 2, and 3, Section Two. Finally, add information on building cover for each of the lots included on the DDP. 12. Add a note to the DDP stating that variance approvals are based on the current development and, as substantial redevelopment occurs on the site the conditions for which the variances have been granted may be reevaluated and improvements required. Variances: The applicant has requested the following variances for the DDP. Sidewalks: In addition to the sidewalks on Williams Drive, Table 33030-A requires sidewalks on one side of collector streets. A variance is requested to this requirement on Dawn Drive. There are no sidewalks along this street to the north and south of the street segment that will be built as part of the Section Two plat. Therefore, a variance to this requirement may be reasonable. Access: Several variances are requested regarding access to the site. Table 33030-A, Design Standards for Streets, establishes a 450 foot minimum separation between driveways on major arterials (Williams Drive) and a 125 foot separation on collectors (Dawn Drive). None of the paved driveways on Williams Drive or Dawn Drive meet these separation requirements. Section 33042 allows a maximum driveway width of 30 feet for an undivided driveway. All of the driveways on Williams Drive exceed this standard, ranging from 40 feet to 130 feet. The driveway on the southeast corner of Lot 2, Section Two, also exceeds this standard, at 42 feet. This driveway accesses the unimproved portion of Dawn Drive and should be modified to meet the design DDP - Lake Aire Shopping Center September 16, 1995 Project N DP-94-07 / File: LAKE-AiR.DDP Page 4 standard when the City constructs Dawn Drive. Finally, Section 33044 establishes the required separation between driveways and intersections. On major arterials, 400 feet is required, and on collectors 75 feet is required. The actual distance between the driveway at the Pit Barbecue and River Bend Drive is approximately 129 feet. On Dawn Drive, approximately 30 feet separates the driveways onto Lots 1 and 2, Section Two, from River Bend Drive. Over time, improvements to these conditions can be made. For example, when Dawn Drive is constructed, the driveways closest to River Bend Drive on Lots 1 and 2 (at the northeast corner), Section Two, should be closed. This will eliminate the substandard separation distance to the intersection and between driveways. Together with the elimination of the parking in the front yard recommended below, circulation to the parking spaces at the northeast corner of Lot 2 will be maintained. As described above, the unimproved driveway access to the southeast corner of Lot 2 should be corrected to comply with the design standards at the time Dawn Drive is built. Further, while it may be appropriate to allow the four (4) driveways along Williams Drive to remain, improvements should be made to improve safety. The 130 foot driveway in front of the 7-11 store is not safe, especially with the gasoline pump located in the front yard setback. At such time as any permits are issued for this portion of the property, the driveway should be modified to meet the maximum width requirement. Similarly, the driveway in front of the Pit Barbecue should be reduced to meet the design standards for width at such time as any permits are issued for this part of the site. Finally, any significant redevelopment of the shopping center (including Lot 1, Section One, and Lot 2, Section Two) should initiate a reevaluation of all the access issues described above in order to bring the property into compliance with the City's design standards. Parking: Section 33051 A. requires that all off-street parking spaces be provided outside the required front building setbacks. Existing parking on the northeast and southeast (frontage on Dawn Drive) and northwest (frontage on Williams Drive) corners of Lot 2, Section Two, encroaches into the front setbacks. This involves ten (10) parking spaces. Given the fact that this DDP provides 51 parking spaces more than required, these should be eliminated. SEE EXHIBIT C Table 33057 establishes the required dimensions for parking spaces based on the parking lot design. For parking spaces designed at a 75 to DDP - Lake Aire Shopping Center September 16, 1995 Project # DP-94-07 / File: LAKE-AIR.DDP Page 5 90 degree angle, such as those at the Lake Aire Shopping Center, parking spaces are required to be 9.5 feet X 20 feet in size. The existing parking spaces at the shopping center are 9 feet X 18 feet in size. Setbacks: Three (3) existing structures encroach into the platted setbacks as required by Table 34020, Design Standards for Lots. On Lot 3, Section Two, the structure encroaches approximately six (6) feet into the 20 foot platted rear building setback. On Lot 2, Section Two, the building on the south side of the lot encroaches a maximum of ten (10) feet into the platted 20 foot side building setback, and the gasoline pump at the 7-11 store (on the southwest corner) encroaches approximately 9.5 feet into the 25 foot platted front building setback. Given that these are existing encroachments, a variance to this requirement may be appropriate. However, if any substantial redevelopment occurs on these lots, these existing encroachments should be removed. This is especially important as it applies to the gasoline pump given the inherent risks involved in the use and its location along a major arterial. SEE EXHIBIT C Impervious/ Table 34020, Design Standards for Lots, establishes a maximum Building Cover: impervious cover of 70 percent and a maximum building cover of 20 percent for the Commercial, Retail and Service, land use. Lot 1, Section One, and Lots 1 and 3, Section Two, exceed the impervious cover limit and Lot 1, Section One, also exceeds the maximum building cover limit. The approval of the Section Two plat included a variance for the existing impervious cover on Lots 1 and 2. Given this fact, and the fact that the this condition is the result of long established development, a variance to these standards may be appropriate. Section 60070.B of the Subdivision Regulations states: "In granting approval of a request for variance the Commission shall make findings that: 1. The public convenience and welfare will be substantially served; and 2. The appropriate use of surrounding property will not be substantially or permanently impaired or diminished; and 3. The applicant has not created the hardship from which relief is sought; and 4. The variance will not confer upon the applicant a special right or DDP - Lake Aire Shopping Center September 16, 1995 Project # DP-94-07 / File: LAKE-AIR.DDP Page 6 privilege not commonly shared or available to the owners of similar and surrounding property; and 5. The hardship from which relief is sought is not solely of an economic nature; and 6. The variance is not contrary to the public interest; and 7. Due to special conditions, the literal enforcement of the ordinance would result in an unnecessary hardship; and 8. In granting the variance the spirit of the ordinance is observed and substantial justice is done." Other Issues: In 1987 a site plan was approved by the City for a small hamburger stand, known as Boss Burgers, on the concrete pad located between the 7-11 store and the bank. This site plan established the parking, access, and landscaping requirements for the project. On the subject DDP, the applicant has chosen not to include that previous DDP, thereby effectively voiding its approval. Therefore, any future development on the existing pad will require a revision to the subject DDP. Two additional driveways are used for access to the Lake Aire Shopping Center. These are located off Golden Oaks Drive and access the south portion of Lot 2, Section Two. The applicant was unable to locate any easements or other documentation to establish authority for these access points. They have been indicated on the DDP, but may have to be closed at any time subject to documentation from adjacent property owners that they should not exist. STAFF RECOMMENDATION: Approval of the detailed development plan for Lake Aire Subdivision, Sections One and Two, provided the Technical Issues are addressed prior to City Council consideration; and approval of the following variances, subject to the required findings of fact: 1. Table 33057 thereby allowing the parking spaces to be smaller than standard; 2. Table 34020 to allow the existing encroachments to remain within platted building lines; 3. Table 33030-A to allow substandard driveway separations on Williams Drive and to waive the requirement for a sidewalk on one side of Dawn Drive; 4. Section 33042 to allow substandard driveway widths along Williams Drive; 5. Section 33044 to allow substandard spacing between the driveway DDP - Lake Aire Shopping Center September 16, 1995 Project # DP-94-07 / File: LAKE-AIR.DDP Page 7 on Williams Drive and the intersection with River Bend Drive; and 6. Table 34020 to allow greater impervious cover on Lot 1, Section One, and Lots 1 and 2, Section Two; and greater building cover on Lot 1, Section One. These variances shall be in effect until such time as substantial redevelopment occurs on the subject property, at which time the conditions under which these variances have been granted may be reevaluated and improvements required. Any permits issued for those portions of the site that contain the 7-11 store (southwest corner of Lot 2, Section Two) and the Pit Barbecue (northwest corner of Lot 2, Section Two) shall require a reevaluation of the variances related to building setbacks and access. Denial of the variance to Section 33051 A. thereby requiring the parking located in front yards on Williams Drive and Dawn Drive to be removed; and to Table 33030-A and Sections 33042 and 33044 regarding the driveway layout on Dawn Drive, thereby requiring that these conditions be improved at the time Dawn Drive is constructed. P & Z ACTION: At their regular meeting of January 4, 1994, the Planning and Zoning Commission voted 5-0 to approve the requested DDP for Lake Aire Subdivision, Sections One and Two, provided the Technical Issues are addressed prior to City Council consideration; and approval of the following variances, subject to the required findings of fact: 1) Table 33057 thereby allowing the parking spaces to be smaller than standard; 2) Table 34020 to allow the existing encroachments to remain within platted building lines; 3) Table 33030-A to allow substandard driveway separations on Williams Drive and to waive the requirement for a sidewalk on one side of Dawn Drive; 4) Section 33042 to allow substandard driveway widths along Williams Drive; 5) Section 33044 to allow substandard spacing between the driveway on Williams Drive and the intersection with River Bend Drive; and 6) Table 34020 to allow greater impervious cover on Lot 1, Section One and Lots 1 and 2, Section Two, and greater building cover on Lot 1, Section One. These variances shall be in effect until such time as substantial redevelopment occurs on the subject property, at which time the conditions under which these variances have been granted may be reevaluated and improvements required. Any permits issued for a change in use or redevelopment of those portions of the site that contain the 7-11 store (southwest corner of Lot 2, Section Two) and the Pit Barbecue (northwest corner of Lot 2, Section Two) shall require a reevaluation of DDP - Lake Aire Shopping Center September 16, 1995 Project N DP-94-07 / File: LAKE-ATR.DDP Page 8 the variances related to building setbacks and access. Denial of the variance to Section 33051 A. thereby requiring the parking located in front yards on Williams Drive and Dawn Drive to be removed; and to Table 33030-A and Sections 33042 and 33044 regarding the driveway layout on Dawn Drive, thereby requiring that these conditions be improved at the time Dawn Drive is constructed. Deferral of Technical Issue #4 regarding a drainage study, the timing of which can be worked out by staff. DDP - Lake Aire Shopping Center September 16, 1995 Project # DP-94-07 / File: LAKE-A1R.DDP Page 9 EXHIBIT A .LAKE •AIRE SHOPPING CENTER SECTIONS ONE AND TWO C9'21r1— i> �)wlrl[rrr r _1� Y0912 OG.Gr $3.9S.G t So 00 C I�"a—. •'T71'TY�I e_plo of ` �Y7tl, W f` P�� r � � /'p � • ' I Pw t IO 1.` `f O�' �• G 1 d I I -I? f0 _j �.�... NlrrryflGoo f r,• _v Ji: 1 V '.'.r it i^L .. _ _ ._ --.^•_�I __. - __ �.-.�/,-\ _ lkk. i.� �ol 19'911 ---�y pawn D rive g' _ - 6 y •/� 4 1 I .. � - 1'rl ` l,"r i - tr.t, I j--9QC11•--7- jniW -� 1 � 11. � ,1 I•- O^gym _ _ ._--+�t-' j•.., 97n:i _ ___ � Yn,�_+7�;.c_ .. �•• ✓+ v O n < •J�- � � N f J 2 - / / /f III O N G 0 to 6 •` -` C jF�f�lS'i+j ", .. r '1 tj kz; r---- i- ,I ('-.�' ram- I '- --- 1 'a ) •� 1 s -`� -- _�_..._ 1 r-_- -_",1 xL_ ice__ --_0----�+_ / --' t v- �_ � • N ' } UJ 3 v ) Fir 3-1 F, �'�: fi:E:.xY G �.`/ � -'_ .. i" .r .�'..JS,� _� - I O UN '=� .. •' kJ r=. j �uJ 1 1• 1 I 1 / e -_ I r._ � 1'. I `I •nN y�J� - : i � _ice_-_� __-_ -_ __-•� _ ' r�,.[_-'•w..s O)Yl+..-. VI_ _ - •�^ r I I 4 v ^ i. .11 S 7 Illi _ _— -- ams Drive F.M. 2338 -T- --'--- `r r_•'t•�Sl 1 I7� SI'Ik•.l'4,•, 2^S.: I N'1 51.17�1L.t• OOS; J (----------------- f]�17;n1 It7!1 Q i r3 I WO I I]ll.l;O) y+ Sr. r.'ll.v. «•,•% i Ic�7tf3n1-40J 3a- r s , 00 1r17 }1 i n nG J GnnIoi i o DETERMINATION OF PERMITTED DEVELOPMENT GIVEN A SINGLE LAND USE 1. *DATE*: December 14, 1993 *PROJECT NAME*:DDP for Lake Aire, Sections One and Two 2_ *GIVEN*: , acres of Intensity Level 1 acres of Intensity Level 2 acres of Intensity Level 3 acres of Intensity Level 4 10.00 acres of Intensity Level 5 acres of Intensity Level 6 10.00 TOTAL ACRES 3. ALLOWABLE DEMAND: INTENSITY LEVEL WATER WASTEWATER TRANSPORTATION Peak GPD Average GPD ----------------------------- Peak Trip Ends 1 2 0 0 0 0 0_ 0 3 4 0 0 0 5 0 0 109,600 32,000 0 1,750 0 0 -----------------------------------0 0 4. TOTAL ALLOWABLE DEMAND: Maximum GPD Water Capacity: 109,600 Maximum GPD Wastewater Capacity: 32,000 Maximum Trip Ends: 1,750 5. PERMITTED DEVELOPMENT: (a) LAND USES POTENTIAL WATER UNITS BY WASTEWATER UTILITY TRANSPORTATION MAXIMUM PERcDEV DEVELOPMENT UNITS REGS ALLOWED/UNIT Detached SF ''"-- ----------- --------- ------------------------- Large Lot Average Lot Zero 95 110 111 128 2,922 1,975 95 20 20 housing units Lot Line Attached SF 110 169 128 1,975 110 110 73 97 73 housing units 97 housing Multifamily 208 183 205 1,610 771 169 units 169 housing units Mobile Home Lodging 169 166 2,066 205 166 286 205 housing units Institutional Church 571 319,534 525 347,826 1,263 2,080,856 525 319,534 166 housing units 525 rooms 319,534 square feet -with day care -w/o day care Medical 355,844 589,247 385,542 640,000 112,468 2,430,556 112,468 112,468 square feet Office General Office 263,462 301,099 285,714 542,299 589,468 263,462 263,462 square feet 263,462 :Retail, Mixed 168,615 351,648 196,31¢�:_ 686,275 301,099 square feet 301,099 square feet Retail, Restaurant Retail, Store 70,256 66,667 105,945 153,914 105,945 37'237 105,945 square .feet Employment Centers 337,231 301,099 363,636 351,648 382,431 337,231 66,667 square feet 337,231 square feet Warehouse Mini -Warehouse 1,922,807 2,285,714 2,9116,667 1,922,807301099 301,099 square feet 27,400,000 32,000,000 ------------------------ 6,730,769 6 769 1,922,807 square feet 6,730,769 square feet EZ A rl 1 0 1 1 kj LAKE AIRE SHOPPING CENTER SECTIONS ONE AND TWO xb C9V -ztl 0 91 z x 3 ok V I % N —.5a u Az I I Ir Encroachment B u �-g cli 10 rn t7. � O to ~ � _.—___._ _. {� ii 4 0 .4 VI V j n4o LI s�e k4n-g-�7 5 Dawn Drive Parkin n fro .2 5' 47— J L < 441 '41 --j Lz Buildin 97E. lh)�rpachme6. , .7 I r Or Ir JI, L QL I 5 'A ui cx) Is B u t ;7 lid n g 1 Encroa6 ILI 407F Parking In, front 25' .ZC G69 illiaL —x37 ms Drive F.M. 2338 MIJ Sr-711 "'.V. oosz j 00 Council meeting September 26, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration of a Preliminary Plat of 27.51 acres in the John Sutherland Survey, to be known as Fountainwood Estates, Phase 5; and Variances to the Subdivision Regulations ITEM SUMMARY: The subject Preliminary Plat is largely consistent with the Revised Concept Plan for Fountainwood Estates approved in 1993. The plat proposes 21 large, single family residential lots. The following variances are requested to permit development of the subdivision as proposed: 1) to Section 33030 K. to allow reverse curves in Nicole Way that do not achieve the minimum center line curve radii required. In addition, these curves do not meet the requirement established by . Section 33030 L. for reverse curves to be separated by a minimum tangent of 100 feet. The COU Division recommends that the reverse curves be straightened to one (1) smooth curve before a variance to the standard can be supported. This will reduce to one (1) the number of curves that do not meet the standard, and will eliminate the issue of tangent distance. 2) To Section 36050 B. to allow Lots. 12 and 13 to have less than the minimum width of 120 feet required for lots designed to the rural subdivision standards. Both lots achieve the minimum width at the front setback line and both are larger than the minimum lot size requirement of one (1) acre. SPECIAL CONSIDERATIONS: The applicant requested the variance to Section 33030 K. in ,a order to preserve several trees within the right-of-way that range from 4 to 14 inches in diameter. Recognizing the need to balance safety with the desire to preserve the trees, the Planning and Zoning Commission recommended that the reverse curves be straightened to one (1) curve as proposed by City staff, unless staff is satisfied that the trees can be preserved without creating a safety hazard. Staff met with the applicant's agent on September 18 to review the location of the trees in relation to the street alignment. Staff and the applicant agreed that one of the curves would be straightened and the tangent distance lengthened to meet the standards. Also, "slow" signs will be erected at each end of the curves that remain. The revision to the street alignment is reflected on the attached plat. FINANCIAL IMPACT: None. COMMENTS: At their regular meeting of September 5, 1995, the Planning and Zoning Commission voted 5-0 to recommend approval of the Preliminary Plat of Fountainwood Estates, Phase 5, provided the Technical Issues are addressed prior to City Council consideration, and approval of the requested variances to Section 33030 K. provided the reverse curves are straightened to one (1) curve unless City staff is satisfied that trees can be preserved without creating a safety hazard, and to Section 36050 B., thereby approving the design of Lots 12 and 13, after making the required findings of fact. The attached plat has been revised to address the Technical Issues as required by the Commission. RECOMMENDED MOTION: If this item is approved by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation, and will require that the reverse curves be straightened to one (1) curve, unless stated otherwise. ATTACHMENTS: Staff report and revised plat. Edward . 13arry, AI - Director Divisio,4 of Develop ent Services Hildy L. Kingma, AICP Chief Planner PRELIMINARY PLAT OF 27.51 ACRES IN THE JOHN SUTHERLAND SURVEY, TO BE KNOWN AS FOUNTAINWOOD ESTATES, PHASE 5; AND VARIANCES TO THE SUBDIVISION REGULATIONS OWNER/APPLICANT: Mr. Max D. Allen Caprock Business Forms, Inc. P. O. Box 1429 Georgetown, Texas 78627 512/869-2462 FAX: 869-6565 AGENT: Mr. Thomas Watts Ralph Harris Surveyor, Inc. 1406 Hether St. Austin, Texas 78704 512/444-1781 FAX:512/444-6123 REQUEST: Preliminary Plat of 27.51 acres in the John Sutherland Survey, located on Nicole Way as recorded in Deed Records in Volume 2190, Page 380 of Williamson County, Texas; and variances to the Subdivision Regulations. FACTS: Location: Located on Nicole Way. SEE EXHIBIT A Existing Site: Undeveloped land. Existing Zoning: This tract is located outside the City limits so zoning does not apply. Proposed Use: 21 single family lots. Surrounding Uses: North: Fountainwood Estates, Phase 2, single family residential (out of City) South: Fountainwood Estates, Phase 4-B, single family residential (out of City) East: U.S. Corp of Engineers, park land (out of City) West: Fountainwood Estates, Phase 4B (out of City) Preliminary Plat - Fountainwood Estates, Phase 5 PP#-95-07 / File: FTNW-5.PP September 16, 1995 Page 1 Century Plan: The Century Plan Development Plan designates this location as Intensity Level 1. The proposed use is within allowable development limits for this acreage. SEE EXHIBIT B Notification: The notification requirements have been completed. HISTORY: A Revised Concept Plan for. Fountainwood Estates was approved in July 1993. It indicates that Phase 5 will include 65.1 acres of land, including 35 residential lots and 6.7 acres of park land. Subsequent to the approval of the Revised Concept Plan, the City approved a plat for Phase 2A and a Development Agreement that stipulates that the 2.0 acres in Phase 2A will be deeded to the City as a park land tract if an alternate parcel has not been deeded to the City within five (5) years of the Agreement. The Agreement was signed in December 1993. The alternate park land parcel is to be a minimum of 15 acres in size and has been proposed as the land identified on the Revised Concept Plan as being located along a drainage area between Phases 5 and 7. Given the location of the proposed park land (SEE EXHIBIT A), it is required to have several access points adjacent to public streets. The subject plat encompasses one (1) of those public access points, located between Lots 16 and 17. ANALYSIS: The subject Preliminary Plat is largely consistent with the approved Revised Concept Plan for Fountainwood Estates. SEE EXHIBIT C It is consistent in that it includes large lots fronting on Nicole Way. It differs in total acres, number of lots, and the lack of park land dedication. The fact that the park land is not dedicated in this phase is probably not significant given the recordation of Phase 2A and the Development Agreement as described above. There are several Technical Items that need to be addressed, and a variance is requested. The subject plat is evaluated according to the Rural Subdivision Design Standards established by Section 36000. A complete drainage plan, with calculations, must be submitted with the construction plans for this plat. Variances: Section 33030 K. Local Street Curves This section establishes a minimum center line curve radius of 250 feet for local streets. Nothing in the rural subdivision standards, or any other section of the ordinance, exempts rural subdivisions from meeting the design standards established by Section 33000. The three (3) reverse curves in Nicole Way at Lots 8, 9, 10, 14, and 15 do not achieve the minimum center line curve radii required. They range from Preliminary Plat - Fountainwood Estates, Phase 5 September 16, 1995 PP#-95-07 / File: FTNW-S.PP Page 2 106 to 224 feet. In addition, they do not meet the requirement established by Section 33030 L., which requires reverse curves to be separated by a minimum tangent of 100 feet. These curves have no separation between them. Therefore, the Community Owned Utilities Division recommends that these reverse curves be straightened to one smooth curve before a variance to the standard can be supported. This will reduce to one (1) the number of curves that do not meet the standard, and will eliminate the issue of tangent distance. Two (2) previous phases of the Fountainwood Estates development have requested and received variances to Sections 33030 K. and 33030 L. Phase 2 received a variance to Section 33030 L. for tangent distances that were only ten (10) feet less than the required 100 feet. Phases 4A and 4B were approved with variances to Section 33030 K. for curve radii. In the case of Phase 4A, only one (1) curve of 200 feet radius was involved. In the case of Phase 4B, revisions to the plat were made to limit the variance request to three (3) curves ranging from 150 feet to 210 feet radius. Section 36050 B. Lot Width This section requires lots designed to the rural subdivision standards to have a minimum width at the front property line of 120 feet. The width of Lots 12 and 13 at their front property lines is 117.86 feet and 72.89 feet, respectively. However, both lots achieve the 120 foot minimum width at the front setback line. Lot 12 is greater than 140 feet at the front setback line, and Lot 13 is 124.8 feet at the front setback line. All lots in this proposed subdivision have 50 foot front yard setbacks, significantly larger that the 25 foot setback required by the regulations. Both subject lots exceed the minimum lot size requirement of one (1) acre. For these reasons, it may be reasonable to approve this variance. After listening to the testimony presented at the Planning and Zoning Commission meeting, and reading the documentation provided by the applicant and the staff's recommendation, the Commission makes the following findings of fact as required by Section 60070.13 of the Subdivision Regulations: 1. The public convenience and welfare will be substantially served; and 2. The appropriate use of surrounding property will not be substantially or permanently impaired or diminished; and 3. The applicant has not created the hardship from which relief is sought; and Preliminary Plat - Fountainwood Estates, Phase 5 September 16, 1995 PP#-95-07 / File: FTNW-5.PP Page 3 4. The variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property; and 5. The hardship from which relief is sought is not solely of an economic nature; and 6. The variance is not contrary to the public interest; and 7. Due to special conditions, the literal enforcement of the ordinance would result in an unnecessary hardship; and 8. In granting the variance the spirit of the ordinance is observed and substantial justice is done." The applicant's documentation for these variances is attached. Technical Issues: The following Technical Issues must be addressed prior to consideration of this plat by the City Council. If they are not addressed by September 29, 1995, or if the applicant does not concur with a delay to the City Council's consideration of the plat to allow the Technical Issues to be addressed, the plat will be forwarded to the Council with a recommendation for denial. 1. Provide a letter requesting annexation. Where Section 24040 C. indicates that this letter is required "if applicable", it exempts only those subdivisions that are located within the City limits. 2. Note on the plat that the area left unplatted between Lots 16 and 17 will be part of the public park land to be dedicated to the City. The property owner has recently discussed the possibility of dedicating a different parcel of land to the City in lieu of this land. Therefore, if the land within the subject plat does not become part of the public park, it must be replatted to be incorporated into the subject plat. 3. The subject subdivision will receive water service from the Chisholm Trail Water District. Section 35012 requires that all approved subdivisions provide the required fire flows. In order to document that this standard can be met when the water supplier is not the City, engineering data and an engineer's certification that the fire flows can be met must be submitted. This data must be provided. 4. Provide sufficient documentation to ensure that the street cross -slope follows the natural slope of the land where said slope is toward the inside of a horizontal curve or is within a tangent section. If the street cross -slope is away from the inside of a horizontal curve it will not he. September 16, 1995 Page 4 STAFF RECOMMENDATION: Approval of the Preliminary Plat of Fountainwood Estates, Phase 5, provided the Technical Issues are addressed prior to City Council consideration, and approval of the requested variances to Section 33030 K. provided the reverse curves are straightened to one (1) curve, and to Section 36050 B. , thereby approving the design of Lots 12 and 13, after making the required findings of fact. P & Z ACTION: At their regular meeting of September 5, 1995, the Planning and Zoning Commission voted 5-0 to recommend approval of the Preliminary Plat of Fountainwood Estates, Phase 5, provided the Technical Issues are addressed prior to City Council consideration, and approval of the requested variances to Section 33030 K. provided the reverse curves are straightened to one (1) curve unless City staff is satisfied that trees can be preserved without creating a safety hazard, and to Section 36050 B. , thereby approving the design of Lots 12 and 13, after making the required findings of fact. Preliminary Plat - Fountainwood Estates, Phase 5 PP#-95-07 / File: FTNW-5.PP September 16, 1995 Page 5 DETERMINATION OF PERMITTED DEVELOPMENT GIVEN A SINGLE LAND USE 1. 'DATE': August 10, 1995 'PROJECT NAME': Fountainwood Estates Phase 5 2. 'GIVEN' 27.51 acres of Intensity Level 1 acres of Intensity Level 2 acres of Intensity Level 3 acres of Intensity Level 4 acres of Intensity Level 5 acres of Intensity Level 6 27.51 TOTAL ACRES 3. ALLOWABLE DEMAND: INTENSITY WATER WASTEWATER TRANSPORTATION LEVEL Peak GPD Average GPD Peak Trip Ends 1 28,886 8,253 55 2 0 0 0 3 0 0 0 4 0 0 0 5 0 0 0 6 0 0 0 4. TOTAL ALLOWABLE DEMAND: Maximum GPD Water Capacity: 28,886 Maximum GPD Wastewater Capacity: 8,253 Maximum Trip Ends: 55 5. PERMITTED DEVELOPMENT: (a) POTENTIAL UNITS BY UTILITY LAND USES WATER WASTEWATER TRANSPORTATION Detached SF Large Lot 25 Average Lot 29 Zero Lot Line 29 Attached SF 44 Multifamily 55 Mobile Home 44 Lodging 150 Institutional 84,214 Church -with day care 93,784 -w/o day care 155,298 Medical Office 69,436 General Office 79,356 Retail, Mixed 44,439 Retail, Restaurant 18,516 Retail, Store 88,878 Employment Centers 79,356 Warehouse 506,763 Mini -Warehouse -------------------------------- ---------------------------------- 7.221,375 -- - 29 33 33 47 53 43 135 89,707 99,434 165,060 73,688 90,692 50,632 17,194 93,784 90,692 589,500 8,253,000 92 62 62 51 24 65 40 65,422 3,536 76,417 17,050 21,576 3,331 4,839 11,458 12,024 91,700 211,615 ------------ I (b) MAXIMUM UNITS 25 29 29 44 24 43 40 65,422 3,536 76,417 17,050 21,576 3,331 4,839 11,458 12,024 91,700 211,615 (c) PER DEV REGS 55 200 266 399 797 I I I I I I I I I I I I I (d) DEVELOPMENT ALLOWED/UNIT 25 housing units 29 housing units 29 housing units 44 housing units 24 housing units 43 housing units 40 rooms 65,422 square feet 3,536 square feet 76,417 square feet 17,050 square feet 21,576 square feet 3,331 square feet 4,839 square feet 11,458 square feet 12,024 square feet 91,700 square feet 211,615 square feet ,ROW low 900 PRELIMINARY PLAN "IN S20 1 V52"E 5 FOUAl"TAINWOOD F__'STATES S06--- 4/ y — -7- TxLA PHAJa SE 5 CAL.-- IGO' 9 CENG k 2 ljg Lp 80 1.327 Arl 1.096 AC L; `2" ATHAR SET a, ..SO670, 40-1 49*r .1/2- REIJAH FOUND 57 .66. VUF PUBLIC UT7L1,rY EASEM, J9 'j. 0. r. DRAINAOF J'AsFmE.lvr B. L BUILDING LINE 22y_ 139 4 0 C, 1.4?1 A 40 _7� AC 1.234 1.0. AC %cs . cd 0 L cp. 1.061 AC v� �v .4 .4 C ;,d i C-4 A 6 7 ^V1 1.506 AC 1.394 AC . ..... 7' c oil -C-1 C 2 ir - I I l.UOI AC I, lc. co 4is /`c 21 P A 4 f6f; .jc CA L C 12 J C'14 c i­ c a 4fz C 31 1 1 ZO c ? ! L 8 24 i 'F-24"f 4c. m 0 16 F.,64, S2117*30'E v -a 10 \N, NICOLE VoL) ry AC I 1.041 c 11 nor Wl Sao, Moir ca N 7 44 P 211 P",��/•_ ,'a. 7 ,(' e J 1.006 C I-n,6/1_057 AC' v �6 4� C*4 6 -A. 4 1 12 0/b/ (�D Z4 7- c3� 60,�r 14, 1 . 001 6c Z! 1. ,D •AC ZIP 1.002. AC 7 93 05 AC z J -- rl 25' 0, ""J'56, L .44 56 316-29' ';�l 1-2 V) N27-26'55"yf 6'1 4-W 1,18.3 4.00. 910 473.6 "NN N18'07 53"W'W 0�2_ 0 1§"W - 130,79' N�� 4 4, 48 82 7 \V " ��,4 71 PNQSE 9­10 ag L%, c. u SITE MAP c Tc, Date: DOCUMENTATION OF BASIS FOR REQUESTED VARIANCE 3/2/95 Applicant: Max Allen-Fountainwood Estates Phase 5 This request is for a variance from the literal enforcement of Section(s) of the Subdivision Regulations. 36050B Give a brief description of the variance requested: Lots 12 and 13 have less than the required minimum width at the front property line of 120 feet. These lots front onn-a circular cul-de-sac. Lot 12 has a frontage of 117. 86 feet and lot 13 has 72. 89 feet on the property line; however, Lot 13 is 124.80 feet wide- at the front setback line. Th..e lots contain 1.4 and 1.1 acres respectively. You have requested a variance to the design standards of the Subdivision Regulations. In order to be able to recommend and approve such a variance, Section 60070 B. of the Regulations, requires that the Planning and Zoning Commission and City Council must be able to "ensure that the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship." The Commission and Council are directed to meet these requirements by making specific findings of fact. In order to assist the Commission and Council in conducting their deliberations regarding your requested variance, please complete this form to document how this request will impact the issues described below. These issues relate directly to the eight (8) findings of fact that must be cited by the Commission and Council when recommending approval of any variance. You may attach an additional sheet, or submit this information in the form of a letter. 1. In what manner will the public convenience and welfare be substantially served? The lot line between lots 12 and 13 has been located to coincide with a natural drainage way. The lots on either side of 12 and 13 have been designed to a good building site and a 'logi'cal lot configuration. 2. Will the appropriate use of surrounding property be substantially or permanently impaired or diminished in any manner? Provide reasons why you believe your answer to be supportable. No. Frontage on cul-de-sacs is normally less than that required on straight streets. Setbacks prevent structures from being placed adversely to adjacent lots. 3. What are the hardships involved? How were those hardships created? How are those hardships different from those affecting the rest of the public faced with the enforcement of this same provision? Note that the Commission and Council cannot approve a variance for which the hardship claimed is solely of an economic nature. Nature created the location of the drainageway, and the topography of the land. The subdivision ordinance creates requirements that -do not always match land configurations. 4. If the requested variance if approved, will it confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property? Provide reasons why you believe your answer to be supportable. No. Similiar variances have been granted in previous phases. 5. How is the public interest affected? It is not affected. 6. List the special conditions that affect this property and justify the approval of the variance. Cul-de-sacs are a normal tool used to provide access to areas where streets cannot be reasonably extended. 7. How will the spirit of the ordinance be observed if this request is granted? The lot area and required setbacks are provided. The adjacent Greenbelt Park will not be crossed by another street. The park will have approsLimately 4,000 feet of uninterrupted park . 8. How will substantial justice be done if this request is granted? This subdivision will be able to use the same standards for frontage on cul-de-sacs as previous phases. DOCUMENTATION OF BASIS FOR REQUESTED VARIANCE Date: _August 15, 1995Applicant: Caprock Business Forms, Inc, & Max Allen This request is for a variance from the literal enforcement of Section(s) 3303 K & L of the Subdivision Regulations. Give a brief description of the variance requested: To permit curve radius of less than 250 feet and tangent distances between reverse curves of 0 feet in order to prevent the destruction of large Oak and Elm trees. You have requested a variance to the design standards of the Subdivision Regulations. In order to be able to recommend and approve such a variance, Section 60070 B. of the Regufations, requires that the Planning and Zoning Commission Ad City Council must be able to "ensure that the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship." The Commission and Council are directed to meet these requirements by making specific findings of fact. In order to assist the Commission and Council in conducting their deliberations regarding your requested variance, please complete this form to document how this request will impact the issues described below. These issues relate directly to the eight (S) findings of fact that must be cited by the Commission and Council when recommending approval of any variance. You may attach an additional sheet, or submit this information in the form of a letter. 1. In what .manner will the public convenience and welfare be substantially served? The enhancement of the homes and environment by the preservation of large Oak and Elm trees that have survived for hundreds of years. 2. Will the appropriate use of surrounding property be substantially or permanently impaired or diminished in any manner? Provide reasons why you believe your answer to be supportable. The appropriate use of the adjacent and sprrounding property will be substantially and permanently enhanced by saving these trees. 3. What are the hardships involved? How were those hardships created? How are those hardships different from those affecting the rest of the public faced with the enforcement of this same provision? Note that the Commission and Council cannot approve a variance for which the hardship claimed is solely of an economic nature. The purpose for saving these trees is the preservation of these works of nature and their benefit to the environment. The alignment picked will save most of th6 trees. 'To move the street will destroy more trees. The standards have been waived in Phases 2,3,4A and 4B to save trees. The public -safety will not bq hindered since a driver will be able to see the areas of the street that automobiles will use throughout the -curves length.. The street is short Frith onlyenty on lots u Jn t for access. It ends in intersections on eat ehd. eIt is ona� �9�U feet long. It does not encourage speed. i 4. If the requested variance if approved, will it confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property? Provide reasons. why you believe your answer to be supportable. No. Other streets have had similiar variances. 5. How is the public interest affected? The public interest isbenefited by the preservation of the trees involved. Auto and pedestrian sight lines are maintained. 6. List the special conditions that affect this property and justify the approval of the variance. The benefits of large native oak and elm trees far outweigh the benefits of destruction. Tree lined curvealinear streets have been proven to slow and benefit the quality of life. 7. How will the spirit of the ordinance be observed if this request is granted? The primary purpose of this street is to provide access to the adjacent lots It is not a "through" street. It does not convey traffic from one part of the City to another. The preeevation of these trees is a better landscaping method than any replacement planting. 8. How will substantial justice be done .if'this request is granted? See No. 7 r Council meeting September 26, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration of approval of a Detailed Development Plan for City of Georgetown, Block 14, Lot 1 and Part of Lot 8; and approval of variances to the Subdivision Regulations; located at 302 South Austin Avenue. ITEM SUMMARY: The proposed detailed development plan is for a restaurant in a building which was formerly used as an antique store. When a site changes use it is eligible for the reduced DDP requirements outlined in Section 16010 A.7.b. of the Subdivision Regulations, as adopted in January of this year. Generally, those lesser requirements permit sites to be occupied provided at least one (1) of the non -conforming aspects of it is made conforming. In this case, the applicant chose to provide the required amount of parking. In order to provide the required amount of parking on the site, however, several variances are necessary. The lot's narrow width permits only a parking lot with a one-way driveway aisle, since such a design has a narrower aisle width and the parking spaces are angled. In order to provide a one-way aisle there must be entrance only and exit only driveways: The proposed driveways are approximately 71 feet apart, whereas the standard requires 150 feet separation. The Police Services Division has expressed some concern over the reduction in the separation of the driveways coupled with the already dangerous intersection of Third Street and Austin Avenue. It is believed that a restaurant at the location will increase the number of vehicles using the intersection daily. Because of the narrow lot, the proposed parking area encroaches into the side and rear building setback lines. A variance is requested to permit this. SPECIAL CONSIDERATIONS: It is staff's belief that the intent of the lesser DDP requirements, adopted earlier this year, is to allow eligible, non -conforming sites to be occupied and comply with the ordinance without the need for additional variances. This request was accepted due to staffs uncertainty of Council's intent when adopting this amendment. Therefore, staff requests direction from the City Council on the intent of this regulation regarding sites which require additional variances. FINANCIAL IMPACT: None. COMMENTS: At its September 5, 1995, meeting, the Planning and Zoning Commission voted 5-0 to recommend approval of a Detailed Development Plan for the City of Georgetown, Block 14, Lot 1 and part of Lot 8, located at 302 South Austin Avenue provided the Technical Issues are addressed prior to City Council consideration. Recommend approval of variances to Table 33030-A to permit the two (2) proposed driveways to be closer than 150 feet provided they maintain the proposed one-way design, and to Section 34020 G.1. to permit the proposed encroachments of the parking lot into the building setback lines on the north and south sides, after making the required findings of fact. A Detailed Development Plan addressing the Technical Issues is attached. RECOMMENDED MOTION: If this item is approved by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation, unless stated otherwise. ATTACHMENTS: Staff Report and Detailed Development Plan Submitted By: Edward . Barry, AI P - Director Divisi of DeveloWnent Services Hildy L. Ki gma, AICP Chief Planner DETAILED DEVELOPMENT PLAN FOR CITY OF GEORGETOWN, BLOCK 14, LOT 1 AND PART OF LOT 8, AND VARIANCES TO THE SUBDIVISION REGULATIONS; LOCATED AT 302 SOUTH AUSTIN AVENUE OWNER/APPLICANT: Dimension Properties 609-B Wood Street Austin, Texas 78703 476-1072 FAX 476-1072 AGENT: Mr. Michael Kuhn 609-B Wood Street Austin, Texas 78701 476-1072 FAX 476-1072 REQUEST: Detailed Development Plan for City of Georgetown, Block 14, Lot 1 and part of Lot 8, to be known as El Charrito Restaurant, as recorded in Volume 1591, Page 126 of the Official Deed Records of Williamson County, Texas; and variances to the Subdivision Regulations. Location: Located at the 302 South Austin Avenue. SEE EXHIBIT A Existing Site: Vacant retail structure. Existing Zoning: C-2A, Commercial First Height. The part of Lot 8 that is included in this property was originally zoned R-S, but since it is under one ownership the entire property is considered zoned C- 2A according to Section 12.104 of the Zoning Ordinance and an interpretation of the Board of Adjustment. Proposed Use: Restaurant Surrounding Uses and Zoning: North: Single family residence (C-2A) South: Office building (C-2A) East: Williamson County Health Office/Former Williamson County Jail (C-2A) Detailed Development Plan September 1, 1995 DDP 95- /File: 302AUSTN.DDP page I CM:CS N West: Single family residence (RS) Century Plan: The Century Plan -Development Plan designates this location as Intensity Level 4. The proposed use exceeds the square footage permitted by the Century Plan standards for restaurants. SEE EXHIBIT B Notification: The notification requirements have been completed. ANALYSIS: The proposal is to open a restaurant at this location which formerly housed an antique store. Due to the site's change in use, it is eligible for the new, lesser detailed development plan standard. The new DDP standard, as specified in Section 16010 7.b. of the Subdivision Regulations, applies to any new activity on a site where there is a change in use or the building has been vacant for a period of two (2) years or longer. Sites not eligible for this new standard are subject to the previous DDP standard which includes all site design standards. Detailed Development Plan DDP 95- /File: 302AUSTN.DDP CM:CS Generally, the new DDP standard allows applicants of such sites described above to select one aspect of the site that does not conform to the current regulations and bring it into conformance. All other nonconforming aspects may remain without the need for a variance. The purpose of this new DDP standard is to enable developed sites to conform to the regulations by making incremental improvements to the property. The intention was that these properties would be able to come into conformance without the need for variances. The City staff accepted this request for variances due to the uncertainty of the regulation regarding whether or not sites taking advantage of the lesser DDP requirements are eligible for variances. It is likely that there will be more cases using this standard in the future. s= Therefore, the staff requests direction from the Commission regarding the original intent when the new lesser DDP standard was adopted. In this case, the applicant chooses to provide parking spaces to conform to the standard as specified in the Subdivision September 1, 1995 Page 2 Detailed Development Plan DDP 95- /File: 302AUSTN.DDP CM:CS Regulations. Practically, the only other aspect which may have been chosen was landscaping. Staff agrees with the choice of providing the required amount of parking spaces since the proposed use is a restaurant and has the potential for attracting many customers at peak hours, and therefore, needing many off- street parking spaces. Given this site's proximity to Austin Avenue, it is desirable to eliminate the possibility for on -street parking. It is also possible to bring the site into conformance with the landscaping regulations, but doing so will not address the need for parking at the site. Currently, there is no off-street parking on the site. The proposed use requires ten (10) spaces. The applicant proposes to provide 13 spaces; however, there is not sufficient room on the lot to provide even ten (10) spaces with associated driveways and aisles and conform to all setbacks. All of the proposed parking is located on the site and behind the building. SEE EXHIBIT C The DDP proposes an entry only and exit only system of two (2) driveways serving the parking lot that has a one-way aisle with 13 parking spaces at a 60 degree angle. Intensity Level 4 of the Century Plan allows restaurants on a 0.24 acre site, such as this, to be up to 948 square feet. SEE EXHIBIT B The existing building is 1,020 feet. The previous use, the antique store, conformed with the Century Plan since it was allowed up to 3,948 square feet. Therefore, it is the change in use that renders the proposal nonconforming. The reason for the difference in square footage allowances is due to restaurants' tendencies to consume and discharge more water and wastewater than general retail uses. In this case, the limiting factor is wastewater. Typically, an amendment to the Century Plan is processed to change the Intensity Level at a location where more square footage is desired. In order to change the Intensity Level, improvements to either the water, wastewater or transportation system are required to accommodate the level of service. The Community Owned Utilities Division has determined that both September 1, 1995 Page 3 the water and wastewater lines serving the subject site are adequate to provide service to a restaurant. Therefore, there should be no required improvements to the systems to permit a Century Plan amendment. Additionally, the Building Inspections Department indicates that the subject building may not be structurally sound to accommodate the proposed use and alterations may be required. Building plans have not been filed with that office yet, so it is uncertain exactly what structural alterations are either necessary are proposed. Along with the building plans, the Building Inspections Department may require an engineer's certification that the building is structurally sound to accommodate the proposed use. This may necessitate additional actions on the part of the applicant since Sections 4.102 and 4.104 of the Zoning Ordinance states that non -conforming structures may not be reconstructed or structurally altered unless made to conform. Variance: Table 33030-A Driveway Separation The two (2) proposed driveways are approximately 71 feet apart. The standard driveway separation for commercial uses on local streets is 150 feet. There are currently no driveways into this site; however, customers of the previous use of the site parked their vehicles in head -in fashion along Third Street. Third Street extends westward approximately three (3) blocks serving a primarily residential area and the Williamson County Court House Annex. Third Street is not the only east -west street to intersect with Austin Avenue in this area. Both Second Street to the north and Fourth through Eleventh Streets to the south intersect with it. The Police Services Division is concerned with the addition of a restaurant at this location and the possible effect it will have on the Third Street/Austin Avenue intersection. Due, -- to the slope of Austin Avenue at this location, the intersection has a substantial amount of vehicular accidents. The restaurant will likely generate more trips than the previous use. Vehicles attempting a left turn onto Austin Avenue from Third Street may block the proposed entrance drvieway, therefore backing up vehicles attempting to turn into the restaurant parking lot. The Detailed Development Plan September 1, 1995 DDP 95- /File: 302AUSTN.DDP Page 4 CM:CS Detailed Development Plan DDP 95- /File: 302AUSTN.DDP CM:CS proposed entrance driveway is 64 feet from Austin Avenue. The minimum distance required is 60 feet. Section 34020 G.I. Encroachments Into Building Lines Since the lot was existing prior to May 10, 1977, it is exempt from the current platting requirements and therefore is not subject to the standards associated with platting. One of those standards which is associated with platting is building setback lines. Therefore, the building setback lines as established by the Zoning Ordinance apply to this site. SEE EXHIBIT D The proposed parking lot encroaches into the ten (10) foot building line along the north property line adjacent to Third Street. The five (5) spaces adjacent to that side actually extend as far as the property line. The spaces on the south side also encroach into the building setback line on that side. There is a seven (7) foot building setback line where the subject lot is adjacent to R-S zoned property and a four (4) foot building setback line where it is adjacent to C-2A zoned property. The proposed parking area encroaches to within one (1) foot of the property line. Both the encroachment into the northern and southern building setback lines are proposed in order to provide 60 degree parking spaces with standard depth and a driveway aisle with standard width. The DDP proposes the minimum width of parking area necessary to conform to these standard dimensions. After listening to the testimony presented at the Planning and Zoning Commission meeting, and reading the documentation provided by the applicant and the staff's recommendation, the Commission makes the following findings of fact as required by Section 60070.13 of the Subdivision Regulations. S 1.The public convenience and welfare will be substantially served; and 2.The appropriate use of surrounding property will not be substantially or permanently impaired or diminished; and 3.The applicant has not created the hardship from which relief is September 1, 1995 Page 5 sought; and 4.The variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property; and 5.The hardship from which relief is sought is not solely of an economic nature; and 6.The variance is not contrary to the public interest; and 7. Due to special conditions, the literal enforcement of the ordinance would result in an unnecessary hardship; and 8.In granting the variance the spirit of the ordinance is observed and substantial justice is done." TECHNICAL ISSUES: The following Technical Issue must be addressed prior to consideration of this DDP by the City Council. 1. The water line that is parallel to Third Street Shall be labeled as a six (6) inch line rather than a 3/4 inch line. STAFF RECOMMENDATION: Approval of a Detailed Development Plan for the City of Georgetown, Block 14, Lot 1 and part of Lot 8, located at 302 South Austin Avenue provided the Technical Issues are addressed prior to City Council Consideration. Approval of variances to Table 33030-A to permit the two (2) proposed driveways to be closer than 150 feet provided they maintain the proposed one-way design and Section 34020 G.1. to permit the proposed encroachments of the parking lot into the building setback lines on the north and south sides after making the required findings of fact. P & Z ACTION: At its September 5, 1995, meeting, the Planning and Zoning Commission voted 5-0 to recommend approval of a Detailed Development Plan for the City of Georgetown, Block 14, Lot 1 and part of Lot 8, located at 302 South Austin Avenue provided the Technical Issues are addressed prior to City Council consideration. Recommend approval of variances to Table 33030-A to permit the two (2) proposed driveways to be closer than 150 feet provided they maintain the proposed one-way design, and to Section 34020 G.1. to permit the proposed encroachments of the parking lot into the building setback lines on the north and south sides, after making the required findings of fact. Detailed Development Plan September 1, 1995 DDP 95- /File: 302AUSTN.DDP Page 6 CM:CS EXHIBIT A DONALO C NOUSTON 719 CII GIBRALTER SAVINGS 1669 / al 1 52 IZ Ac ------------ — BENNIC 00050. ESTATES A 56/-02 4:1 12 j 3 le g g I , 5 --1 i I (1 02 A. 4 4c ao 7 Z A 1> c 4 4 Ln —4 4 o -lo j L 2 nd STREET > 2 z 4 L rco coo momm, cn I WC;3 M m rn 3: Rep. Res. Res. 4 >z oo 7 Notice regular / CITY OF GEORGETOWN NOTICE TO SURROUNDING PROPERTY OF A PUBLIC MEETING is hereby given that the City of Georgetown will public meeting of the: PLANNING AND ZONING COMMISSION ❑ BOARD OF ADJUSTMENT This meeting will be held on the 5TH day of SEPTEMBER, 1995, at 6:00 p.m. at its regular meeting place in the Council Chambers, 101 East 7th Street, Georgetown, Texas to consider the proposed: Detailed Development Plan of Original City of Georgetown, Block 14, Lot 1 and East 52 feet of Lot 8, with variances to the Subdivision Regulations: located at 302 S. Austi.n Avenue. As one of the owners of adjacent property you are invited to be present at such meeting if you desire to discuss the proposed plan. See attached Exhibit A for more detail. Date • 8/21/95 City of Georgetown A copy of the planning report related to this item will be available at the Division of Development Services and the Georgetown Public Library no later than the Friday prior to the meeting described above. For further information phone the Development Services Division at 930-3575. PROPERTY OWNER'S COMMENTS Project Name: 302 S. Austin Avenue Name of Mail Address Respondent: Sam H. & Patricia T. Brady of Respondent • Rt. #31 Box 1-B, PLEASE SEE REMARKS BELOW I am in favor: I object: Georgetown, TX. 78626 If you wish to submit written comment, please respond by 8/30/95, it will be provided to the Board of Adjustment or Planning and Zoning Commission and City Council. Please reply to: City of Georgetown Development Services Division C� P . 0. Box 409 Georgetown, Texas 78627 i 8-27-95 S outh We awn the office building at 310-312/Austin Ave. which adjoins the subject property to be re -zoned. We are concerned about the adequate, convenient parking to be made available for this cafe. The small size of the lot, and the extreme slope of the property has present( a problem for this property in the past, in so far as their parking facilities are concerned. We are concerned about the fact that they will be unable to provide adequate, convenient parking for 13 vehicles as shown in the plat. We rais his objection, because we do not want our paved parking lot (which adjoins this property on the suth) to yl!d for their parking. Sam H �Z rI -m In rn rA � � o Iz CJ F n I 7 !n P � n oe 00 NiyON ni �...: A , �1 O j o I > Ul r off nx ��\o i 'j \ • _ y s x o ao> D o N o cr i rn L x —1 ?( O 11 � < v ti rn / Nci� hl rn p � n �I rem l✓ \• I n V I— — I i Z o - i T . I Sl X 8� I < rn A H030 M3NI z ^, rn rn F N P y A rn rn .3AY Niisnv a _m o REMODEL FOR o VOELTER ASSOCIATES It m 0 F I (: W A R R I T O R F A T A U R A N T �\\/, ARCHITECT a RCHITECTa AND PLANNERS A Council meeting September 26, 1995 Item No. lid AGENDA ITEM COVER SHEET SUBJECT: Consideration of approval of a variance to the Subdivision Regulations for a 2.0 acre tract in the Clement Stubblefield Survey to be known as Good Luck Subdivision. ITEM SUMMARY: In June of this year, the Planning and Zoning Commission and the City Council approved a short form final plat for this subdivision. A condition of approval was that a water line be extended to the site in conformance with the City's standards for extending utilities. When the construction plans were reviewed by the City staff, the applicant was told of the need to extend the water line to the most western point of the subdivision and that the water line must also be extended to the SH29 right-of-way. The applicant requests a variance in order to provide the water line extension only as far as the beginning of the subdivision boundary. Such a variance was given in one (1) case recently, where it was determined that topographical conditions existed that did not permit the extension of a wastewater line. Such conditions do not exist in this case. In that same case, extension of a water line was postponed through a development agreement until the street under which the line will be located is also extended. SPECIAL CONSIDERATIONS: The Planning and Zoning Commission questioned the need to require the extension of the water line to the western boundary and to be extended to the SH29 right-of-way. The applicant requests that the water line only be extended as far as the point at which it enters the subject property. The Commission's recommendation is that the water line be extended to the northwest corner and not be required to extend to the SH29 right-of-way. This is 233 feet shorter than what was initially required and 309 feet longer than what the applicant requested. FINANCIAL IMPACT: None. COMMENTS: At its September 5, 1995, meeting, the Planning and Zoning Commission voted 5-0 to recommend approval of the requested variance to Section 41030, thereby requiring the water line to be extended to terminate at the northwest corner of the subject property, after making the required findings of fact. RECOMMENDED MOTION: If this item is approved by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation, unless stated otherwise. ATTACHMENTS: Staff Report Submitted By- - Y�� - - Edward Jif arry, AICP - Director Hildy L. 'ngma, AICP Division Developm t Services Chief Planner VARIANCE TO THE SUBDIVISION REGULATIONS FOR A 2.0 ACRE TRACT IN THE CLEMENT STUBBLEFIELD SURVEY, TO BE KNOWN AS GOOD LUCK SUBDIVISION OWNER/APPLICANT: Ben and Alicia Johnson 2890 Cedar Hollow Road Georgetown, Texas 78628 869-2890 AGENT: Don Bizzell, P.E. Steger and Bizzell 1978 South Austin Avenue Georgetown, Texas 78626 863-4521 FAX: 863-4523 REQUEST: Variance to the Subdivision Regulations for a 2.0 acre tract in the Clement Stubblefield Survey to be known as Good Luck Subdivision, as recorded in Volume 2724, Page 371 of the Official Deed Records of Williamson County, Texas. FACTS: Location: Located on State Highway 29 West. SEE EXHIBIT A Existing Site: Undeveloped land. Existing Zoning: A rezoning of this tract from RS to C-1 is in progress. Proposed Use: A convenience store is proposed. Surrounding Uses North: Citizens Memorial Garden Cemetery (out of City) and Zoning: South: Unplatted agricultural land (RS) East: Vacant office building (RS) West: San Gabriel Storage (RS) Century Plan: The Century Plan -Development Plan designates this location as Intensity Level 4. Notification: The notification process has been completed. Variance - Good Luck Subdivision September 1, 1995 VR 9S-19/File: GOODLUCKNAR Page 1 CM:CS HISTORY: This tract was annexed into the City on November 18, 1986. The Good Luck Subdivision was approved by the Planning and Zoning Commission on June 6, 1995, and by the City Council on June 27, 1995. A rezoning request was approved by Commission and Council at the same time. The second reading of the rezoning will be withheld until the Good Luck Subdivision plat is recorded. ANALYSIS: This request is for a variance to Section 41030, which requires that all improvements be designed and installed in a manner that creates a logical and continuous system of improvements to serve adjacent properties. The applicant requests this variance to eliminate the requirement that the water line required as a condition of approval of the Good Luck Subdivision plat be extended to the subdivision's western boundary. The applicant proposes to extend the line from County Road 265 to the point where it enters the Good Luck Subdivision. SEE EXHIBIT B This point is approximately 326 feet from the nearest portion of the SH29 right-of-way and approximately 452 feet from the point to which the line is required to be extended. If the line was extended to the point as requested by the applicant, adjacent properties would be required to extend the line over the Good Luck Subdivision in order to bring service to their property at the time they are platted. This is similar to what the applicant was required to do in this case; however, the only alternative available to the applicant was to extend another water line approximately 1,400 feet along SH29. In one recent case, the staff has recommended, and the Commission and Council approved, variances to the requirement that utilities be extended to the perimeter of a subdivision. Such a variance was granted to Inner Loop Commercial Park, Section One. In that case, a variance was given to eliminate the requirement that a water line be extended; however, it is only a temporary variance. The line must be extended when the street, under which the water line will be located is extended. Further, the property in the area of the street and water line extensions s was under the same ownership as Inner Loop Commercial Park, Section One. That subdivision also received a variance to the requirement for extension of a wastewater line. The applicant submitted documentation that the topography of the area prevented the extension of the wastewater line beyond its proposed terminus. Neither of these situations are apparent in this case. Variance - Good Luck Subdivision VR 95-19/File: GOODLUCKNAR CM:CS September 1, 1995 Page 2 Variances: After listening to the testimony presented at the Planning and Zoning Commission meeting, and reading the documentation provided by the applicant and the staff's recommendation, the Commission makes the following findings of fact as required by Section 60070. B of the Subdivision Regulations: 1. The public convenience and welfare will be substantially served; and 2. The appropriate use of surrounding property will not be substantially or permanently impaired or diminished; and 3. The applicant has not created the hardship from which relief is sought; and 4. The variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property; and 5. The hardship from which relief is sought is not solely of an economic nature; and 6. The variance is not contrary to the public interest; and 7. Due to special conditions, the literal enforcement of the ordinance would result in an unnecessary hardship; and 8. In granting the variance the spirit of the ordinance is observed and substantial justice is done." STAFF RECOMMENDATION: Denial of the requested variance to Section 41030, thereby requiring the water line to be extended as originally approved. P & Z ACTION: At its September 5, 1995, meeting, the Planning and Zoning Commission voted 5-0 to recommend approval of the requested variance to Section 41030, thereby requiring the water line to be extended to terminate at the northwest corner of the subject property, after making the required findings of fact. Variance - Good Luck Subdivision VR 95-19/File: GOODLUCKNAR CM:CS September 1, 1995 Page 3 EXHIBIT B Water line extension required CR26 ,ter f•� easement Waterline `extension proposed Good Luck by applicant Subdivision August 7, 1995 To: The Planning and Zoning Commission of the City of Georgetown From: The Good Luck Subdivision Hwy 29 - Ben and Alicia Johnson We have been asked by the City of Georgetown to install a fire hydrant on the front of our property. We agree that a fire hydrant is essential, but it is the placement of that fire hydrant that is in question. Of course, the public can only benefit from a fire hydrant being placed on our property. Neighboring businesses and residents would have much better fire protection, and could possibly benefit from lower insurance rates. The hardship involved is the distance we are from a public water supply. Since the city ran the public water line down County Road 265 instead of State Highway 29, to pipe water to our property, we must run a water line across the back of an adjoining prop- erty to the back corner of our property. To place a fire hydrant on State Highway 29, which is the front of our property would require an additional 340 feet of water line. Approval of this variance would allow us some flexibility to still run the water line and still provide fire hydrant protection and accessibility to ourselves and our neighbors by placing the fire hydrant closer to the actual building rather than the State Highway 29. We feel that approval of this variance will ultimately benefit all parties involved CITY OF GEORGETOWN NOTICE TO SURROUNDING PROPERTY OWNERS OF A PUBLIC MEETING Notice is hereby given that the City of Georgetown will hold -,.its regular public meeting of the: KJ PLANNING AND ZONING COMMISSION ❑ BOARD OF ADJU SIT ENT This meeting will be held on the 5TH day of SEPTEMBER,_ 1995, at 6:00 p.m. at its regular meeting place in the Council Chambers, 101 East 7th Street, Georgetown, Texas to consider tFf?-propcsed-:_::J Variances to the Subdivision Regulations for Good Luck Subdivision, located on S.H. 29 West. As one of the owners of adjacent property you are invited to be present at such meeting if you desire to discuss the proposed plan. See attached Exhibit A for more detail. Date: 8 21/95 City of Georgetown A copy of the planning report related to this item will be available at the Division of Development Services and the Georgetown Public Library no later than the Friday prior to the meeting described above. For further information phone the Development Services Division at 930-3575. PROPERTY OWNER'S COMMENTS Project Name: 302 S. Austin Avenuem - Variance Name of Respondent: v v Address of Respondent: %D /5 ,� , P � -� , T Vl�z -7 I am in favor: I obj ect : If you wish to submit written comment, please respond by 8/30/95, it will be provided to the Board of Adjustment or Planning and Zoning Commission and City Council. Please reply to: City of Georgetown Development Services Division P. O. Box 409 Georgetown, Texas 78627 CITY OF GEORGETOWN NOTICE TO SURROUNDING PROPERTY OWNERS OF A PUBLIC MEETING Notice is hereby given that the City of Georgetown will hold its regular public meeting of the: PLANNING AND ZONING COMMISSION ❑ BOARD OF ADJUSTMENT This meeting will be held on the 5TH day of SEPTEMBER, 19951 at 6:00 p.m. at its regular meeting place in the Council Chambers, 101 East 7th Street, Georgetown, Texas to consider the proposed: Variances to the Subdivision Regulations for Good Luck Subdivision, located on S.H. 29 West. As one of the owners of adjacent property you are invited to be present at such meeting if you desire to discuss the proposed plan. See attached Exhibit A for more detail. Date: 8f 21/95 City of Georgetown A copy of the planning report related to this item will be available at the Division of Development Services and the Georgetown Public Library no later than the Friday prior to the meeting described above. For further information phone the Development Services Division at 930-3575. PROPERTY OWNER'S COMMENTS Project Name: 302 S. Ag_,,— n Avenu�?,n - Vari Name of Respondent: Address of Respon�'e' I am in favor: I object: If you wish to sLkmit written comment, please respond by 8f30f95, it will be provided to the Board of Adjustment or Planning and Zoning Commission and City Council. Please reply to: City of Georgetown Development Services Division P. 0. Box 409 Georgetown, Texas 78627 Council Meeting Date: September 26,1995 Item No._ AGENDA ITEM COVER SHEET SUBIECT A Resolution expressing official intent to reimburse costs of certain street capital improvements projects not to exceed S1,370,000 with proceeds from bonds that will be issued at a later time. ITEM SUMMARY The City transportation improvements included in the 1995/96 Annual Operating Plan included three projects; Quail Valley, 15th Street, and Railroad Street; to be financed with general obligation certificates of obligation. In order to complete the projects as scheduled, preliminary engineering and other work needs to begin. Staff recommends passing the attached bond reimbursement resolution to allow work to begin now. Staff recommends waiting until January/February 1996 to actually issue the debt. Construction bids will have been received at that time allowing for a more accurate bond issue amount. SPECIAL CONSIDERATIONS none FINANCIAL IMPACT The City has cash balances available to begin paying for these projects without hindering the City's ability to meet other obligations over the next few months. Approval of this resolution and commencement of these projects will commit the City to a future bond issue because the cash balances will be required for operating and capital costs late in 1995/96. COMMENTS none ATTACHMENTS Proposed resolution Submitted By: Susan L. Morgan, Director of Finance and Adminisfration Bob Hart, City Manager RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF CERTAIN PROJECTS TO INCLUDE STREET INFRASTRUCTURE IMPROVEMENTS. WHEREAS, the City of Georgetown, Texas (the "Issuer") is a home -rule City of the State of Texas; and WHEREAS, the Issuer expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit "A" attached hereto (the "Projects") prior to the issuance of obligations to finance the Projects; WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Projects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution implements Transportation Policy 1 of the Century Plan - Policy Plan Element, which states : "The City's transportation system provides for the safe and efficient movement of traffic, promotes economic interests of the community, and adequately serves the personal needs of individuals."; and further finds that the enactment of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The Issuer reasonably expects to incur debt, as one or more separate series of various types of obligations, with an aggregate maximum principal amount equal to $1,370,000 for the purpose of paying the costs of the Projects. SECTION 3. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax- exempt obligations will be issued by the Issuer in furtherance of this Resolution after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Resolution Title No. Pagel of 3 SECTION 4. The foregoing notwithstanding, no tax-exempt obligation will be issue pursuant to this Resolution more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 5. This resolution shall be effective immediately upon adoption. RESOLVED this 26th day of September, 1995. ATTEST: THE CITY OF GEORGETOWN: M Exhibit "A" Planning, design, acquisition and construction of the following projects which may be financed by one or more separate series of various types of tax-exempt obligations: BOND FINANCED STREET IMPROVEMENT PROJECTS: Quail Valley (1460 to Maple) - construct street 15th Street (Hutto to Maple) - rebuild street Railroad Street (2243 to SH 29) - construct street Resolution Title No. Page 3 of 3 Council meeting date: September 26, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT Consideration of a resolution authorizing the City Attorney to issue a quitclaim deed to be filed abandoning portions of Eight Street, Clamp Street and an alley, all east of the MK&T Railroad ITEM SUMMARY This abandonment is requested by Southwestern University to facilitate the development of expanded parking and intramural fields. The City will maintain the appropriate utility easement. SPECIAL CONSIDERATIONS FINANCIAL IMPACT State statute (Chapter 272 of the Local Government Code) requires that when a right-of-way will be abandoned, the City shall determine its fair market value. The property may not be conveyed for less than the fair market value. COMMENTS If the City Council considers this request appropriate, it should be approved conditioned on the payment of fair market value for the right-of-way. ATTACHMENTS Quitclaim Deed Resolution _Subaiitted By: Marianne Landers Banks, City Attorney RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED TO VACATE AND ABANDON THE PUBLIC RIGHT OF WAY COMMONLY KNOWN AS EIGHTH STREET BETWEEN THE RAILROAD RIGHT OF WAY AND EAST TO MAPLE STREET, AND TO VACATE AND ABANDON THE PUBLIC RIGHT OF WAY COMMONLY KNOWN AS CLAMP STREET BETWEEN THE RAILROAD RIGHT OF WAY AND EAST TO MAPLE STREET, AND TO VACATE AND ABANDON THE ALLEYWAY BETWEEN THE RAILROAD RIGHT OF WAY AND EAST TO MAPLE STREET, ALL LOCATED IN THE REVISED PLAT OF CLAMP'S ADDITION TO THE CITY OF GEORGETOWN; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has received a request for the Vacation and Abandonment of the public right-of-way commonly known as Eighth Street between the railroad right of way and east to Maple Street, in the Revised Plat of Clamp's Addition to the City of Georgetown; WHEREAS, the City of Georgetown has received a request for the Vacation and Abandonment of the public right-of-way commonly known as Clamp Street between the railroad right of way and east to Maple Street, in the Revised Plat of Clamp's Addition to the City of Georgetown, which street has never been constructed or right of way utilized for street purposes; WHEREAS, the City of Georgetown has received a request for the Vacation and Abandonment of the alleyway located south of Eighth Street between the railroad right of way and east to Maple Street, in the Revised Plat of Clamp's Addition to the City of Georgetown, which alleyway has never been utilized as an alleyway; WHEREAS, the City of Georgetown currently has utilities located or proposed to be located within the right of way of Eighth Street and within the alleyway south of Eighth Street; WHEREAS, upon considering the request for Vacation and Abandonment and additional information pertaining to the request, the City Council now finds that the retention of a public utility easement within the right of way of Eighth Street and within the alleyway south of Eighth Street will be sufficient to meet the City's needs as a utility provider; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby Eighth and Clamp Street Abandonment Resolution No. Page 1 of 2 finds that this resolution implements the following policies of the Century Plan - Policy Plan: 1. Growth and Physical Development Policy 1, which states: "The City will ensure that future land use patterns provide economic, cultural, and social activities to all residents, businesses and organizations; and 2. Utilities/Energy Policy 2, which states: "The City will establish Utility policies which take into consideration the needs of all citizens of the community and take necessary precautions to prevent harmful ecological impact on the environment." The City Council further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The Mayor is hereby authorized to execute a Quit Claim Deed in the form attached as Exhibit A abandoning the following public areas: (1) the public right of way commonly known as Eighth Street between the railroad right of way and east to Maple Street, (2) the right of way commonly known as Clamp Street between the railroad right of way and east to Maple Street, and (3) the alleyway located south of Eighth Street between the railroad right of way and east to Maple Street, all of which are located in the Revised Plat of Clamp's Addition to the City of Georgetown, and the City Secretary to attest thereto on behalf of the City of Georgetown. This abandonment is to be executed subject to the City retaining a public utility easement as determined on Eighth Street and in the alleyway, as shown on Exhibit A. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of September, 1995. ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marian Landers Banks City Attorney Eighth and Clamp Street Abandonment Resolution No. Page 2 of 2 THE CITY OF GEORGETOWN: By: LEO WOOD, Mayor QUITCLAIM DEED AND PUBLIC UTILITY EASEMENT DATE: September 26, 1995 GRANTOR: City of Georgetown, A Texas Home Rule Municipal Corporation GRANTOR'S Mailing Address (including County): P.O. Box 409 Georgetown, Williamson County, Texas 78627 GRANTEE: Southwestern University GRANTEE'S Mailing Address (including County): 1001 East University Georgetown, Williamson County, Texas 78626 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration PROPERTY: A. Being acres out of Addition to the City of Georgetown more commonly known as Eighth Street between the railroad right of way and Maple Street, as recorded in Volume , Page of the Deed Records of Williamson County, Texas and as more fully described in the attached Exhibit "A" attached hereto and incorporated herein by reference. B. Being acres out of Addition to the City of Georgetown more commonly known as Clamp Street between the railroad right of way and Maple Street, as recorded in Volume , Page of the Deed Records of Williamson County, Texas and as more fully described in the attached Exhibit "B" attached hereto and incorporated herein by reference. C. Being acres out of Addition to the City of Georgetown which was dedicated to the Ciyt as a fifteen -loot alleyway between the railroad right of way and Maple Street, as recorded in Volume , Page of the Deed Records of Williamson County, Texas and as more fully described in the attached Exhibit "C" attached hereto and incorporated herein by reference. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE: GRANTOR shall retain a public utility easement to erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct, modify, and remove the following: Electric transmission and distribution lines; Water lines and sanitary sewer lines, connecting lines, access facilities, and related equipment; Storm sewers and collection facilities: Television, telephone, and communications lines; Drainage ditches, drainage pipes and all other drainage structures, surface and subsurfaces, upon, over, and across said property as herein described in Exhibits B and C, and any ways, streets, roads, or alleys abutting same; and to cut, trim and control the growth of trees and other vegetation on and in the easement area which might interfere with or threaten the operation and maintenance of any public utility equipment, accessories, or operations. It is understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of GRANTOR. For the consideration and subject to the reservations from and exceptions to conveyance, GRANTOR quitclaims to GRANTEE all of GRANTOR'S right, title, and interest in and to the above described property, to have and to hold it to GRANTEE, GRANTEE'S successors and assigns, forever. Neither GRANTOR nor GRANTOR'S successors and assigns shall have, claim or demand any right or title to the property or any part of it, save and except those rights specifically stated in the reservations from and exceptions to conveyance. EXECUTED this the day of September, 1995. GRANTOR: Approved as to form: CITY OF GEORGETOWN By: LEO WOOD, MAYOR Marianne Landers Banks, City Attorney ; Attest: Sandra D. Lee, City Secretary GRANTEE: SOUTHWESTERN UNIVERSITY By: STATE OF TEXAS ) CORPORATE ACKNOWLEDGMENT COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned authority, on this day personally appeared Leo Wood, Mayor of the City of Georgetown, a Texas Muncipal Corporation, on behalf of said municipality, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said municipality, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of September, 1995. Notary Public, State of Texas STATE OF TEXAS ) CORPORATE ACKNOWLEDGMENT COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned authority, on this day personally appeared of Southwestern University, a Texas Corporation, on be half of said corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the `. same for the purposes and consideration therein expressed, as the act and deed of said corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of September, 1995. Notary Public, State of Texas Eighth and Clamp Street Quitclaim and PUE r Page 2 of 2 , Initial as to Approval: City Southwestern "' MXT. �DG Council meeting September 26, 1995 Item No. _ AGENDA ITEM COVER SHEET SUBJECT: Consideration of a Resolution to authorize a License to Encroach into the side public utility easements at Lots 1-24, Block G, Smith Branch Park Subdivision ITEM SUMMARY: The Director of Community Owned Utilities and other utility providers have agreed to allow a License to Encroach into the side public utility easements as illustrated in Exhibit A. This request is being made to accommodate the encroachment of a sidewalks on the subject lots that are necessary to access the second floor units of the proposed four-plexes. On September 19, 1995, the Board of Adjustment approved a request for a variance to allow these sidewalks to also encroach into the side yard setbacks. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None. COMMENTS: None. ATTACHMENTS: Exhibit A Resolution Submitted Bv: Edward JJ'Develodment arry, A CP - Director Division Services Hildy L. K gma, AICP Chief Planner I I I y SMITH BRAN CH o �711.4 7 Gc��. — �'2y � �� • I oo I X Z4 uj ,V o • cc U`/.�.0.9''ll'-+►. � /IC 7/ �o . � _ 2 S R.L '�. � � I'. S •i'L/,(. � � c; r � to J r m m J LO r 1• '7 �. BLVD L ANE ` s z2,10W c, rt) \ V A c 72.E v � a �2 - I'd L S'FL4 i. �: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF GEORGETOWN AND GREGORY G. HALL, PERTAINING TO THE ENCROACHMENT OF SIDEWALKS INTO THE SIDE PUBLIC UTILITY EASEMENTS LOCATED ON LOTS 1-24, BLOCK G, SMITH BRANCH PARK SUBDIVISION, AS RECORDED IN CABINET E, SLIDES 398-399, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND LOCATED ALONG CREEKSIDE LANE AND SMITH BRANCH BOULEVARD; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown, has received an application for a license to encroach into the side public utility easements; and WHEREAS, in order for a license to be granted by the City Council of the City of Georgetown, the Council must make certain findings of fact; and WHEREAS, after hearing the application of Gregory G. Hall to encroach into the side public utility easements, the City Council of the City of Georgetown, Texas, finds the following facts: 1. That there are no utilities which would be interfered with by the utilization of the property in its present status. 2. That there are no utilities which would interfere with the utilization of the property in its present status. 3. That the proposed sidewalks intrude into the public utility easements to such a degree that it is not economically feasible to remove the part of the structure within the easement. 4. That the land use in the neighborhood appears to be stable and the use to which this property is being put is not likely to change within the foreseeable future and is similar to other uses in the neighborhood; and WHEREAS, the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: 1. The fact that it is not economically feasible to remove the part of the proposed sidewalk within the easement area constitutes special circumstances and conditions affecting the property which if not taken into consideration would deprive the ap- Smith Branch, Lots 1-23, Blk G License Resolution No. Page 1 of 3 plicants of the reasonable use of their property. 2. The fact that the land use is not likely to change within the foreseeable future and that it is not economically feasible to remove the part of the sidewalk within the easement does provide a basis for granting the license necessary for the - preservation and enjoyment of the substantial property rights of the applicants. 3. The fact that the use of the easement area by the property owners does not in- terfere with the utilities or access to the utilities and is not detrimental to the public health, safety or welfare or injurious to the property in the area; and WHEREAS, the applicants agree to accept the terms of the license agreement as presented to them. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution implements the following policies of the Century Plan - Development Plan Element: 1. Growth and Physical Development Policy 1, which states "The City will ensure that future land use patterns provide economic, cultural, and social activities to all residents, businesses and organizations. " 2. Utilities/Energy Policy 2, which states "The City will establish utility policies which take into consideration the needs of all citizens of the community and take necessary precautions to prevent harmful ecological impact to the environment; and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. That the Mayor is hereby authorized to execute on behalf of the City of Georgetown a License Agreement with Gregory G. Hall, pertaining to the encroachment of proposed sidewalks located at Lots 1-24, Block G, Smith Branch Park Subdivision, into the side public utility easements. Smith Branch, Lots 1-23, Blk G License Resolution No. Page 2 of 3 SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Smith Branch, Lots 1-23, Blk G License Resolution No. Page 3 of 3 1995. THE CITY OF GEORGETOWN: By: LEO WOOD Mayor Council meeting date: September 26, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT Authorization for Mayor to sign Release of Special Assessment Lien for Southwestern University property ITEM SUMMARY In 1923 the City of Georgetown levied assessments for paving in and around the downtown area. An ordinance was filed in the Deed Records listing all property owners and a requirement for payment within the next 4 years. Southwestern University recently purchased the property and has requested a release of the assessment. Due to the fact that the City does not have financial records dating back to 1923, we are unable to decipher whether a payment was made or not. ATTACHMENTS Release of Special Assessment Lien Resolution bmitted By: Marianne Landers Banks, City Attorney RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AUTHORIZING THE MAYOR TO SIGN A RELEASE OF SPECIAL ASSESSMENT FOR SOUTHWESTERN UNIVERSITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has received a request from Southwestern University for a release of a special assessment lien; WHEREAS, the City Council levied an assessment against a portion of Block "J", REVISED PLAT OF CLAMP'S ADDITION and against the real and true owner of said property to due and payable in four years: WHEREAS, the City of Georgetown has no financial records dating back to 1923; WHEREAS, the City Council, after hearing the request and finding the specific facts as stated above, now concludes that Southwestern University be released from the special assessment lien: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1 The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution implements Growth and Physical Development of the Century Plan - Policy Plan Element, which states: "The City's regulatory actions will efficiently and effectively implement the Policy Statements and provide the opportunity to seek change with reasonable effort and expense:; and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2 The Mayor is hereby authorized to execute, and the City Secretary to attest thereto a release of special assessment lien for Southwestern University on behalf of the City of Georgetown. SECTION 3 This resolution shall be effective immediately upon adoption. RESOLVED this 26th day of September, 1995. ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney THE CITY OF GEORGETOWN: By: Leo Wood - Mayor Southwestern L i-il ersity assessment Resolution \o. Pale 1 of 1 STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF GEORGETOWN § RELEASE OF SPECIAL § ASSESSMENT LIEN WHEREAS, an assessment lien was ordered by the City Council ("City Council") of the City of Georgetown, Texas ("City"), recorded at Volume 6, Page 415, of the Mechanics Lien Records of Williamson County, Texas, on January 25, 1923; and WHEREAS, the City Council levied an assessment in the sum of $545.53 against the property described as Tract III in Exhibit A attached hereto and against the Missouri, Kansas & Texas Railroad Company, the real and true owners of said property; and WHEREAS, said assessment lien was due and payable within 4 years after the date of issuance; WHEREAS, the City of Georgetown has no financial records dating back to 1923; WHEREAS, Southwestern University is the current owner of the above described property, which is encumbered by said lien; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the recitals above and other good and valuable consideration„ the receipt of which is hereby acknowledged, the undersigned has RELEASED AND DISCHARGED and by these presents do hereby RELEASE AND DISCHARGE the above described property from any and all liens recorded at Volume 6, Page 415 of the Mechanic's Lien Records of Williamson County Texas. EXECUTED the day of , 1995. CITY OF GEORGETOWN AN Attest: Sandra D. Lee City Secretary Approved as to form: Marianne Landers Banks City Attorney Leo Wood, Mayor Council meeting September 26, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration of granting a certificate of occupancy to allow a model home to operate at 1000 Woodview Drive ITEM SUMMARY: At the August 1, 1995, meeting of the Sign Review Board, the Board considered and denied a request for a variance to the sign standards for a model home sign to be located on a residential lot. During the discussion, the Board expressed concern about the location of a model home on the lot that was the subject of the sign variance. This lot is located at 1000 Woodview Drive in the Thousand Oaks Subdivision. The property is zoned RS, Residential Single Family. The property to the east, along Leander Road is zoned C-1, Local Commercial, and RM-1, Multifamily zoning exists north of Leander Road. Further, this lot is the only single family residential lot in the Thousand Oaks Subdivision that has frontage on Leander Road, a major arterial. The property owner, Buffington Homes, requested their permit on May 9, 1995, and notified the City's Building Inspections Department at that time that they intended to use this property as a model home for a period of 12 to 18 months The Building Inspections Department has worked with this home builder during the construction of the home with the understanding that it will operate as a model home under the policy that is currently in place. At this time, the home has had its final inspection and received a temporary certificate of occupancy to operate as a model home. SPECIAL CONSIDERATIONS: Residents of the Thousand Oaks Subdivision have submitted a petition asking that the model home not be permitted to open and operate at 1000 Woodview Drive. An exhibit has been prepared which illustrates the location of the petition signatories. The petition and exhibit are part of the workshop agenda item. FINANCIAL IMPACT: None. COMMENTS: Staff presented this issue to the Planning and Zoning Commission at their meeting of September 5, 1995. The Commission chose not to make a recommendation regarding the operation of the model home at 1000 Woodview Drive. The City Council at their September 12, 1995, meeting, voted to suspend the approval for the operation of the model home at 1000 Woodview Drive until it could consider the matter at a workshop session at the current meeting. RECOMMENDED MOTION: To permit the model home at 1000 Woodview to operate for a period of 12 months. No other model homes will be permitted within the City limits until the Zoning Ordinance revision is approved by the City Council. ATTACHMENTS: None. Submitted By.- - Hildy L. ngma, AIC Chief Planner Council meeting September 26, 1995 Item No. Ic AGENDA ITEM COVER SHEET SUBJECT: Second Reading of an ordinance to rezone Stonehedge Subdivision, Sections One and Two from A, Agricultural to RS, Residential Single Family. ITEM SUMMARY: This is a portion of the Churchill Farms currently under consideration for annexation by the City Council. The area comprises 302 single family residential lots. Approximately one-half (1/2) of these lots are built upon, and if the current rate of new home construction in the subdivision continues, it should be built out very soon. Section 1.205 of the Zoning Ordinance requires that all property annexed into the City of Georgetown be assigned the A, Agricultural zoning district unless otherwise requested and approved by the City. As described above, this property is platted for single family residential use and is nearly one-half built out for that purpose. It does not seem reasonable, therefore, to annex this property into a non -conforming stat«s. Further, there are a large number of different property owners in the area, which would likely result in a piecemeal rezoning of the area, if it occurred at all. For those reasons, on May 9, 1995, the City Council recommended that this rezoning be initiated in accordance with Section 14.1 of the Zoning Ordinance. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None COMMENTS: At its June 6, 1995, meeting the Planning and Zoning Commission voted 5-0 to recommend approval of a rezoning of Stonehedge Subdivision, Sections One and Two from A, Agricultural to RS, Residential Single Family. At its June 27, 1995, meeting, the City Couilcll voted to table this item until the July 25, 1995, meeting. At its July 25, 1995, meeting, the City Council voted to table this item until the August 221 1995, meeting. At its August 22, 1995, meeting the City Council approved this ordinance for first reading and waived the rezoning fees. At the owner's request, the City Council tabled this item for second reading at its September 12, 1995, meeting, pending the outcome of a Board of Adjustment request. At its September 19, 1995, meeting, the Board of Adjustment voted 5-0 to approve a variance request to permit up to 45 percent impervious coverage on all lots of Stonehedge, Sections One and Two. ATTACHMENTS: Staff report and ordinance Submitted Bv: Edward J. arry, AICP - Director Division Pf Development Services Hildy L. Ki ma, AICP Chief Planner REZONING OF STONEHEDGE SUBDIVISION, SECTIONS ONE AND TWO FROM A, AGRICULTURAL TO RS, RESIDENTIAL SINGLE FAMILY APPLICANT: City -initiated application REQUEST: Rezoning of Stonehedge Subdivision, Sections One and Two from A, Agricultural to RS, Residential Single Family, as recorded in Cabinet G, Slides 280-285 of the Official Plat Records of Williamson County, Texas. Location: Located south of State Highway 29 and east of Inner Loop Road. SEE EXHIBIT A Existing Site: Single family residential. Existing Zoning: Annexation of this property is being processed at this time. An A, Agricultural zoning district will be automatically assigned upon annexation. Proposed Use: Single family residential. Surrounding Uses North: Stonehedge, Section 3 (Block J, proposed RM-2 by separate agenda item) ( Blocks O and P, to be annexed) and undeveloped land (out of City) and Zoning: South: Agricultural land and County Central Maintenance Facility (out of City) East: Indian Creek Subdivision and Dove Springs Subdivision, residential single family (out of City) and undeveloped land (soon to be annexed) West: Churchill Farms, Concept Plan and undeveloped land (out of City)(soon to be annexed) Century Plan: The Century Plan -Development Plan designates this location as Intensity Level 3. SEE EXHIBIT B Notification: Notification requirements have been completed. Rezoning - Stonehedge Sub., Sec. 1 and 2 September 6, 1995 RZ 95-11/Fi1e:STNHGI&2.REZ Page 1 HISTORY: The Concept Plan for Stonehedge Subdivision was reviewed and accepted by the City in May, 1984. At that time, Concept Plans were considered accepted rather than approved. Sections One and Two were recorded in October, 1985. Section Three was recorded in February, 1986. ANALYSIS: This is a portion of the Churchill Farms currently under consideration for annexation by the City Council. The area comprises 302 single family residential lots. Approximately one- half (1/2) of these lots are built upon, and if the current rate of new home construction in the subdivision continues, it should be built out very soon. Section 1.205 of the Zoning Ordinance requires that all property annexed into the City of Georgetown be assigned the A, Agricultural zoning district unless otherwise requested and approved by the City. As described above, this property is platted for single family residential use and is nearly one-half built out for that purpose. It does not seem reasonable, therefore, to annex this property into a non -conforming status. Further, there are a large number of different property owners in the area, which would likely result in a piecemeal rezoning of the area, if it occurred at all. For those reasons, the City initiated this rezoning in accordance with Section 14.1 of the Zoning Ordinance. STAFF RECONEWENDATION: Approval of a rezoning of Stonehedge Subdivision, Sections One and Two from A, Agricultural to RS, Residential Single Family. P & Z ACTION: At its June 6, 1995, meeting the Planning and Zoning Commission voted 5-0 to approve a rezoning of Stonehedge Subdivision, Sections One and Two from A, Agricultural to RS, Residential Single Family. Rezoning - Stonehedge Sub., Sec. I and 2 RZ 95-11/Fi1e:STNHGI&2.REZ September 6, 1995 Page 2 II EXHIBIT A STONEHEDGE, SECTIONS ONE AND TWO EXHIBIT B DETERMINATION OF PERMITTED DEVELOPMENT GIVEN A SINGLE LAND USE "DATE- 05/25/95 'PROJECT NAME': Stonehedge. Sections One and Two 2. 'GIVEN' acres of Intensity Level 1 acres of Intensity Level 2 85.15 acres of Intensity Level 3 acres of Intensity Level 4 acres of Intensity Level 5 acres of Intensity Level 6 85.15 TOTAL ACRES 3. ALLOWABLE OEMANO INTENSITY WATER WASTEWATER TRANSPORTATION LEVEL Peak GPD Average GPD ---------- ----------------••--------------------------- Peak Trip Ends ----- ------ 1 0 0 ------- ---_ -------- 0 2 0 0 0 3 320.164 91 962 852 4 0 0 0 5 0 0 0 6 0 0 ------------- ----------•------------ ........... -...._ ..- ....... 0 _... 4 TOTAL ALLOWABLE DEMAND Maximum GPO Water Capacity 320.164 Maximum GPD Wastewater Capacity 91.962 Maximum Trip Ends 852 5 PERMITTED DEVELOPMENT (3) POTENTIAL UNITS BY UTILITY LAND USES MAXirouto (c! ?ER DEv (d) DEVELOPMENT WATER - -------------------- -------- WASTEWATERTRANSPORTATIO; Ur-JITS 1 REGS ALLOVJED:UNIT Detached SF , Large Lot 277 Average Lot 318 1 422 277 t 70 170 housing units 321 Zero Lot Line 321 363 95 3- 2 1 ~ ; 321 housing units Attached SF 493 368 2 98' 321 S2; 321 housing units Multifamily 606 590 78- 493 ! i e93 housing units Mobile Home 493 476 375 375 i 2.-'c8 375 housing units Lodging 1.668 t t 005 476 ; 476 housing units Institutional 933,423 .508 999.587 514 i t 0t2 485 6 t a l 933.423 614 rooms Church 933.423 square feet -with day care 1.039.494 day care 1.107.976 54. 24 ! ! 5a.724 ! 54.724 square feet 1,721.312 Medical Medical Office 769.625 t ,839.240 t 1 c2.639 ! 1.132.639 ; 1.182.639 square feet General Office 879.57t 821.089 1 0t0.571 263,867 1 263.367 ; 263.867 square feet Retail Mixed 492.560 56a,t8a 333.922 333 922 ; 333.922 square feet Retail, Restaurant 205.233 191 588 St 550 � 1s � �1 J-0 51,550 square feet Retail. Store 985.120 1 045 023 ie 890 : 1 77 322 , 4.890 I 1 77 3-2 74.890 square feet Employment Centers 879.571 1.Ot0.571 1�6.030 186 080 1 77.322 square feet Warehouse 5.616.912 Mini 6 568.714 1 41.9 167 ; ; 1.41S 157 186.080 square feet -Warehouse 80.04 t .000 9 t .962.000 3 2 %5 000 ; 3 2 75.000 i 1,419.167 square feet ....... ... ..----------- 3.275.000 square feet ------------------------- CITY OF GEORGETOWN NOTICE TO SURROUNDING PROPERTY OWNERS OF A PUBLIC MEETING Notice is hereby given that the City of Georgetown will hold its regular public meeting of the: 0' PLANNING AND ZONING COMMISSION ❑ BOARD OF ADJUSTMENT This meeting will be held on the 6th day of June , 1995, at 6:00 p.m. at its regular meeting place in the Council Chambers, 101 East 7th Street, Georgetown, Texas to consider the proposed: Rezoning of Stonehedge Subdivision, Sections One and Two from A, AGricultural to RS, Residential Single Family, or any more restrictive classification, located on Reinhardt Boulevard and Georgetown Inner Loop Road and locally known as Churchill Farms As one of the owners of adjacent property you are invited to be present at such meeting if you desire to discuss the proposed plan. See attached Exhibit A for more detail. Date: 5/22/95 City of Georgetown A copy of the planning report related to this item be available at the Division of Development Services and the Georgetown Public Library no later than the Friday prior to the meeting described above. For further information phone the Development Services Division at 930-3575. PROPERTY OWNER'S COMMENTS Project Name: Stonehedge Subd, Sec One and Two Name of Respondent: 7f) E i C Pry U i Tom! f l.' j (� Address of Respondent:__ c� I� J ,� ��Pk CiA-ur� rti LL- �1- '�Sl I am in favor: \A/ I object: If you wish to submit written comment, please respond by 5/31/95, it will be provided to the Board of Adjustment or Panning and Zoning Commission and City Council. Please reply to: City of Georgetown Development Services Division P. O. Box 409 Georgetown, Texas 78627 CITY OF GEORGETOWN NOTICE TO SURROUNDING PROPERTY OWNERS OF A PUBLIC MEETING Notice is hereby given that the City of Georgetown will hold its gular public meeting of the: PLANNING AND ZONING COMMISSION ❑ BOARD OF ADJUSTMENT This meeting will be held on the 6th day of June , 1995, at 6:00 p.m. at its regular meeting place in the Council Chambers, 101 East 7th Street, Georgetown, Texas to consider the proposed: Rezoning of Stonehedge Subdivision, Sections One and Two from A, AGricultural to RS Residential Single Family, or any more restrictive classification located on Reinhardt Boulevard and Georgetown Inner Loon Road and locally known as Churchill Farms As one of the owners of adjacent property you are invited to be present at such meeting if you desire to discuss the proposed plan. See attached Exhibit A for more detail. Date: 5/22/95 City of Georgetown A copy of the planning report related to this item will be available at the Division of Development Services and the Georgetown Public Library no later than the Friday prior to the meeting described above. For further information phone the Development Services Division at 930-3575. PROPERTY OWNER ' S COMMENTS Pro)ect Name: Stonehedge Subd, Sec One and Two Name of Respondent: 410 KEENLAND DR Address of Respo dent: GEORGETOWN, TX 78626 I am in I f you it will Zoning favor: I object: wish t submit written comment, please be provided to the Board of Adjustment Commission and City Council. respond by 5/31/95, or Planning and Please reply to: City of Georgetown Development Services Division P. O. Box 409 Georgetown, Texas 78627 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING THE ZONING ORDINANCE PASSED AND ADOPTED ON THE 12TH DAY OF FEBRUARY 1968, AND AMENDING PART OF THE ZONING DISTRICT MAP OF THE ORIGINAL ORDINANCE, TO CHANGE STONEHEDGE SUBDIVISION, SECTIONS ONE AND TWO, AS RECORDED IN CABINET G, SLIDES 280-285 OF THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, FROM A, AGRICULTURAL TO RS, RESIDENTIAL SINGLE FAMILY OR ANY MORE RESTRICTIVE CLASSIFICATION; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, an application has been made to the City Council for the purpose of changing the zoning district classification of the following described real property ("the property") : STONEHEDGE SUBDIVISION, SECTIONS ONE AND TWO, AS RECORDED IN CABINET G, SLIDES 280-285 OF THE OFFICIAL DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, hereinafter referred to as "the property"; WHEREAS, the City Council has submitted the proposed change in the Base Ordinance to the Planning and Zoning Commission for its consideration in a public hearing and for its recommendation or report; and WHEREAS, notice of such hearing was published in a newspaper of general circulation in the City; which stated the time and place of hearing, which time was not earlier than fifteen (15) days for the first day of such publication; and WHEREAS, written notice was given not less than fifteen (15) days before the date set for the meeting before the Planning and Zoning Commission to all the owners of the lots within two hundred feet of the property, as required by law; and WHEREAS, the applicant for such zoning change placed on the property such sign(s) as required by law for advertising the Planning and Zoning Commission hearing, not less than fifteen (15) days before the date set for such hearing; and WHEREAS, the City Planning and Zoning Commission in a meeting held on June 6, 1995, recommended changing said zoning district classification of the above described property from the A, Agricultural district zoning classification to RS, Residential Single Family, in accordance with Exhibit "A". Stonehedge, Sections One and Two Rezoning Ordinance No. Page 1 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following Policies of the Century Plan - Policy Plan Element: 1. Growth and Physical Development Policy 1, which states: "The City will ensure that future land use patterns provide economic, cultural, and social activities to all residents, businesses and organizations"; and 2. Growth and Physical Development Policy 2, which states: "The City's regulatory actions will efficiently and effectively implement the Policy Statements and provide the opportunity to seek change with reasonable effort and expense"; and 3. Growth and Physical Development Policy 4, which states: "The City will encourage new development and infill redevelopment in the community"; and 4. Environmental and Resource Conservation Policy 1, which states: "The City will take the steps necessary to protect the physical attributes that make Georgetown attractive"; and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The Base Ordinance and the Zoning Map of the City, as well as the Zoning District for the Property shall be and the same is hereby changed from the A, AGRICULTURAL district to RS, RESIDENTIAL SINGLE FAMILY district, in accordance with Exhibit "A", which is attached hereto and incorporated by reference herein, is hereby adopted by the City Council of the City of Georgetown, Texas. SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4. If any provision of this Ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. Stonehedge, Sections One and Two Rezoning Ordinance No. Page 2 of 3 SECTION 5. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 22nd day of August, 1995. PASSED AND APPROVED on Second Reading on the day of , 1995. ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Stonehedge, Sections One and Two Rezoning Ordinance No. Page 3 of 3 THE CITY OF GEORGETOWN: By: LEO WOOD Mayor EXHIBIT A 8TONEHEOGE,8ECT(ON8 ONE AND TWO ^ -~. `.~.. °,,~~ ' ,.�^ ~^` � \ \ \ � .� ���7��.' ` Council meeting _ September 26, 1995 Item No. _ rr AGENDA ITEM COVER SHEET SUBJECT: Consideration of approval of variances to the Design Standards of the Subdivision Regulations for Park -view Estates, Section 5, Block A, Lot 13; located at North Austin Avenue and FM971. ITEM SUMMARY: There is a nursing home and an assisted care facility proposed at the subject location. Prior to filing a detailed development plan for the site, the applicant requests variances to several design standards, He states that the ability to secure the requested variances has a great impact on the decision to proceed. The first requested variance is to permit access to both Austin Avenue and FM971. Since these two (2) streets are of equal classification (major arterial) it is required that access be taken from only one (1) of them. The proposal is to have two (2) driveways onto FM971 and one (1) driveway onto Austin Avenue. The Austin Avenue driveway is located to the extreme north of the property. It is proposed to be used jointly with the adjacent property, and its use is primarily for service vehicles. The two (2) proposed driveways onto FM971 are proposed primarily for resident and visitor use. All three (3) of the proposed driveways are closer to an intersection than permitted by the standards. The driveway on Austin Avenue is approximately 320 feet from the intersection with FM971,- the western driveway on FM971 is approximately 320 feet from the intersection with Austin Avenue and the eastern driveway on FM971 is approximately 255 feet from the intersection with Gann Street. All are required to be separated by 400 feet from the intersections. Also, the two (2) driveways onto FM971 are closer to each other than the required 450 foot separation. Given the large arc of the curb at the Austin Avenue/FM971 intersection, the driveway separation to this intersection may be reasonable. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None. COMMENTS: At its September 5, 1995, meeting, the Planning and Zoning Commission voted 5-0 to recommend approval of the requested variance to Sections 34020 F.2.9 thereby allowing Parkview Estates, Section 5, Block A, Lot 13, to have one (1) regularly operating driveway on each adjacent street, and to Section 33044, thereby allowing the driveway onto Austin Avenue to be located as proposed provided an agreement with the adjacent property owner is recorded at the County stating that this will be a shared driveway. The Commission recommended denial of the requested variances to Section 33044 and Table 33030-A for two (2) regularly operating driveways onto FM971, thereby allowing one (1) driveway onto FM971 that complies with the standards for spacing between intersections and driveways, after making the required findings of fact. A second driveway onto FM971 will be allowed but will be designed in such a way that will ensure that it is only to be used in an emergency situation. RECOMMENDED MOTION: If this item is approved by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation, unless stated otherwise. ATTACHMENTS: Staff Report Submitted B) Edward J. arry, AICP - Director Hildy L. K-U__ AICP Division Development Services Chief Planner VARIANCE FROM THE DESIGN STANDARDS OF THE SUBDIVISION REGULATIONS FOR PARKVIEW ESTATES, SECTION 5, BLOCK A, LOT 13; LOCATED AT N. AUSTIN AVENUE AND FM971 OWNER/APPLICANT: Mr. Charles Greive DLC, Inc. 1106 Clayton Lane #216E Austin, Texas 78723 467-8817 FAX: 467-0491 AGENT: Mr. William A. Davies IV, AIA, CSI DFD Architects, Inc. 9801 Anderson Mill Road #129 Austin, Texas 78750 335-2881 FAX: 335-0828 REQUEST: Variance from the design standards of the Subdivision Regulations for Parkview Estates, Section Five, Block A, Lot 13, as recorded in Volume 445, Page 178 of the Official Deed Records of Williamson County, Texas. Location: Located at the intersection of Business 35 (N. Austin Avenue) and FM 971. SEE EXHIBIT A Existing Site: Undeveloped land. Existing Zoning: This property is zoned C-1, Local Commercial. Proposed Use: The Georgetown Elderly Care Campus. Surrounding Uses North: Undeveloped commercial lots and Parkview Estates, and Zoning: single family residential (C-1 and RS) South: San Gabriel Park (RS) East: Parkview Estates, single family residential (RS) West: G.T.E. Offices (I) Century Plan: The Century Plan -Development Plan designates this location as Intensity Level 4. Variance - Parkview Estates, Section Five September 1, 1995 VR#95-18 / File: PRKVW5.VAR Page 1 Notification: The notification requirements have been completed. HISTORY: The Parkview Estates, Section Five, plat was recorded on May 20, 1985. ANALYSIS: This request is to consider several variances to the design standards of the Subdivision Regulations for a proposed nursing home and an assisted living facility. Although a partial site plan has been provided by the applicant, this is not being considered as a detailed development plan. Instead, the applicant is seeking a decision on the variances prior to deciding whether or not to proceed with development of the property. The applicant indicates that ability to secure the requested variances would have a great effect on the decision to proceed. The proposed design of the site has two (2) separate buildings housing each of the proposed uses. SEE EXHIBIT B For consideration of the variance request, the applicant provided a preliminary copy of the proposed design of the site. According to the preliminary design, access is provided by two (2) driveways onto FM971 and one (1) driveway onto Austin Avenue. The Austin Avenue driveway is primarily designed for service vehicle access and the others are designed for visitor access. The applicant states that it is desirable to keep these two (2) different types of traffic separate. VARIANCES: Section 34020 F.2. Corner Lot Access Corner lots having access to streets of the same classification shall take access from either street and have only one (1) access point. A total of three (3) driveways are requested for this development. The request for driveways onto each street is based on the desire to separate the service and visitor traffic. The proposed driveway onto Austin Avenue is located as far from the intersection as possible and is proposed for shared use with the property to the north. The owner of the adjacent property indicates that he is willing to share the driveway as it is probably the only practical access point on his lot due to topographical constraints. In order to guarantee that future owners of the lot are aware of the access restriction, a deed restriction shall be recorded to document it. Given the proposal to use a shared driveway on Austin Avenue, and the length of the property's frontage on FM971, it may be reasonable to grant a variance to Section 34020 F.2. to allow one (1) driveway onto each road. However, as described below, the proposed Variance - Parkview Estates, Section Five September 1, 1995 VR#95-18 / File: PRKVW5.VAR Page 2 driveways require variances to the spacing requirements as well. For this reason, the requested three (3) driveways may be excessive for this property. Section 33044 Spacing Between Driveways and Intersections The proposed driveways onto FM971 are less than the required 400 feet from the intersections with Austin Avenue and Gann Street. The west driveway is separated from the intersection with Austin Avenue by approximately 320 feet. The separation is measured from the corner of the right-of-way line to the edge of the proposed driveway, consistent with the standard method of measurement for driveway separation. This lot may have a special consideration, however. The right-of-way line for FM971 does not actually intersect with the right-of-way line for Austin Avenue. Instead, there is a third line that forms an approximately 45 degree angle with each of the two (2) right-of-way lines to provide enough right-of-way for a large radius arc of pavement for vehicles turning north on Austin Avenue from FM971. For the purposes of considering a variance, it may be proper to measure from the edge of the pavement of the arc. Using this method, the separation between the driveway and the intersection is approximately 460 feet, which provides the needed separation between the intersection and the driveway. The proposed driveway onto Austin Avenue is located approximately 320 feet from the intersection with FM971 (measured to the edge of the driveway). Using the method of measurement described above, the edge of the subject driveway is 410 feet from the edge of pavement of the Austin Avenue/ FM971 intersection. As noted above, this driveway location is at the farthest point possible from the intersection on this lot. It is also proposed to be a shared driveway with the adjacent lot. There are two (2) additional lots between FM971 and Parkview Drive that have frontage on Austin Avenue. When those lots develop, however, s= one will be required to take access from Parkview Drive because it is a corner lot with frontage on streets of unequal classification and the other will take access from Austin Avenue. Therefore, there will be two (2) driveways onto Austin Avenue between FM971 and Parkview Drive. This is the same result as if the subject site did not have a driveway onto Austin Avenue and the site immediately to its north had its own driveway. For these reasons, it may be appropriate to grant a variance to allow this driveway as proposed. Variance - Parkview Estates, Section Five September 1, 1995 VR#95-18 / File: PRKVW5.VAR Page 3 The east driveway onto FM971 is separated by approximately 255 feet from the intersection at Gann Street. Using the method of measurement described in the previous paragraph of measuring from the edge of pavement may add only about ten (10) feet to the separation. At this time, Gann Street carries only the traffic generated from the single family residential development in Parkview Estates. However, it will likely also be a major access point onto FM971 for Parkview Estates, Section Two, commonly known as Parkview Place, a multifamily development with 176 proposed units. Given this potential additional traffic, and the current narrow design of FM971, it may not be appropriate to permit a driveway closer than 400 feet to Gann Street. The subject lot has 930 feet of frontage on FM971. Given this length of frontage, it is possible to locate one (1) driveway from the subject property onto FM971 that meets the standard for separation from both intersections. In fact, the property owner has approximately 130 feet in which to locate a driveway that will meet the separation standards. Table 33030-A Spacing Between Driveways The two (2) proposed driveways onto FM971 are approximately 300 feet apart, whereas the required separation is 450 feet. Given the length of frontage on FM971, it is not possible to locate two (2) driveways and meet the standards for separation between driveways and between intersections. As stated above, the traffic volumes using Gann Street may become much higher than they currently are, and the current design of FM971 is not adequate for high traffic volumes. As a result of these factors, it is not recommended that two (2) driveways be permitted onto FM971. After listening to the testimony presented at the Planning and Zoning Commission meeting, and reading the documentation provided by the applicant and the staff's recommendation, the Commission makes the following findings of fact as required by Section 60070. B of the t Subdivision Regulations: 1. The public convenience and welfare will be substantially served; and 2. The appropriate use of surrounding property will not be substantially or permanently impaired or diminished; and 3. The applicant has not created the hardship from which relief is Variance - Parkview Estates, Section Five September 1, 1995 VR#95-18 / File: PRKVW5.VAR Page 4 sought; and 4. The variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property; and 5. The hardship from which relief is sought is not solely of an economic nature; and 6. The variance is not contrary to the public interest; and 7. Due to special conditions, the literal enforcement of the ordinance would result in an unnecessary hardship; and 8. In granting the variance the spirit of the ordinance is observed and substantial justice is done." The applicant's documentation to support this variance is attached. STAFF RECOMMENDATION: After making the required findings of fact, approval of the requested variance to Sections 34020 F.2., thereby allowing Parkview Estates, Section 5, Block A, Lot 13, to have one (1) driveway on each adjacent street, and to Section 33044, thereby allowing the driveway onto Austin Avenue to be located as proposed provided an agreement with the adjacent property owner is recorded at the County stating that this will be a shared driveway. Denial of the requested variances to Section 33044 and Table 33030-A for the driveways onto FM971, thereby allowing one (1) driveway onto FM971 that complies with the standards for spacing between intersections and driveways. P & Z ACTION: At its September 5, 1995, meeting, the Planning and Zoning Commission voted 5-0 to recommend approval of the requested variance to Sections 34020 F.2., thereby allowing Parkview Estates, Section 5, Block A, Lot 13, to have one (1) regularly operating driveway on each adjacent street, and to Section 33044, thereby allowing the driveway onto Austin Avenue to be located as proposed provided an agreement with the adjacent property owner is recorded at the County stating that this will be a shared driveway. The Commission recommended denial of the requested variances to Section 33044 and Table 33030-A for two (2) regularly operating driveways onto FM971, thereby allowing one (1) driveway onto FM971 that complies with the standards for spacing between intersections and driveways, after making the required findings of fact. A second driveway onto FM971 will be Variance - Parkview Estates, Section Five September 1, 1995 VR#95-18 / File: PRKVW5.VAR Page 5 allowed but will be designed in such a way that will ensure that it is only to be used in an emergency situation. Variance - Park -view Estates, Section Five VR#95-18/File: PRKVW5.VAR CM:CS September 1, 1995 Page 6 EXHIBIT A 6301 AC iho A, 17 50AC I Al 16.97 AC 32 JAY WOLF 457/589 (.3 203 AC \ � �OQ 36 99 AC REFER TO A- I O.'s cl) A1.8ow" 109411?43 -If� I C—p aRu —I GENERAL TELEP"Oft( AIR&OR", INC •772/269 10 4 731 —TK$tYM VCRXM 7( a&, 7 ro 5 06. A� GL AS C, I y .�r WRECKER GORGE TOo-N TK %4 A CRXM A S C C ,-C GL A 5 _C "'y 'J" C E R ^T RV ZZ 21/629 5 07 sc C REFER I o 5 T R, C I 1 -"4 1 vlA: I T j. PUER To 10820 Of GEORGE ro- 329 / 13? 00 >c MA,AOtD MCGRATH V "I'l 1 860 1 -- (a rz -c) a os ac Ir T, Of CWOPCATO.. 3 12 67. ac. C.T./�/ \ JF cex�Gtlo- 3.. c C,Tr of GCORGfTo-ft A, 67-/ 0 77 IS &Z Ac I . C-0 Ao CD S u e/7" ( 1.0 AC) 1 1 1 1 1 DFD Architects, Inc. William .V Davies IV, UV CSI Senior Partner 9801 .Anderson `1111 Road Suite 129 .kustin. T\ 78750 August 7, 1995 Mr. Ed Barry Director of the Division of Development Services P.O. Box 409 Georgetown, Texas 78627 Re: Georgetown Nursing Center and Assisted Living Center Dear Mr. Barry: r rle)h.;nc (512) 335-2881 Fax (512) 335-0828 On behalf of our client, DLC, Inc. we offer the following information for your review. We are requesting a variance for additional curb cuts to allow entry on to the proposed property. Additionally enclosed is information regarding DLC, Inc.'s parking needs. We are also requesting a variance in the number of parking spaces required. The documentation listed below and included in this package will more clearly define our specific requests and goals. Variance Request 1: Exhibit F indicates a total of three curb cuts on the proposed property. We recognize that this exceeds the requirements of the City of Georgetown, however, it is critical to the facilities to have more than one curb cut. Exhibit A, DLC, Inc.'s letter outlines their concerns as they relate to this issue. Additionally, there are life safety issues that are difficult to resolve with one curb cut. In a phone conversation with John Romberg with the Texas Department of Human Services he indicated in Exhibit B that in an emergency the egress path away from the property is also the same path for emergency vehicles to enter the property if one driveway is utilized. We believe that more than one curb cut appropriately allows the egress of approximately 150 elderly residents. We are requesting a variance to allow three curb cuts indicated in Exhibit F. City of Georgetown Variance Request page 2 Variance Request 2: As a result of property dimensions, as well as the need for three curb cuts, it has become evident that two of the curb cuts indicated in Exhibit F are closer to the intersection of Highway 81 and FM 971 than the City of Georgetown allows per Figure 33044A of the Subdivision Regulations. Please notice the curb cuts are dimensionally close to the required 400'. We are requesting a variance to allow entrances to the property to as indicated in Exhibit F. Variance Request 3: There are restrictions on the minimum allowable distance between driveways based on Figure 33044A of the City of Georgetown Subdivision Regulations. As stated in variance request 2 there are limitations of the property that force the driveways along FM 971 to be closer to each other than allowed. Once again every effort has been made to come as close as feasibly possible to the City's regulations. We request a variance for the distances between driveways as indicated in Exhibit F to be allowed. Variance Request 4: Additionally, the Subdivision Regulations require one curb cut to be along FM 971. As you will notice in Exhibit F we are indicating a service drive off of Highway 81. The purpose of the entrance is two -fold- One to allow delivery vehicles and employees the ability to enter the property in an area that is appropriate to the function of the facility. Two is to insure that delivery vehicles are never located in an area that will restrict the entry and exit of emergency vehicles (i.e. ambulances). Again DLC, Inc.'s letter in Exhibit A clearly discusses the concerns of this issue. We request a variance to allow a service entrance along Highway 81. Variance Request 5: Table 33052 of the City of Georgetown Subdivision Regulations requires one parking space per each 250 square feet. For the proposed Nursing Center and Assisted Living Center that would require a total of approximately 200 parking spaces. Our experience with similar facilities indicates that 200 parking spaces is in appropriate. At Gracy Woods Nursing Center in Austin, Texas there are a total of 41 parking spaces for nursing center. Exhibit D includes recent photographs of the parking lots. As you will see the parking lots are in no way near capacity. In fact, the only time the lots fill to near capacity is during a staff shift change of on holidays. Additionally, we designed a campus City of Georgetown Variance Request page 3 in Pflugerville almost identical to the proposed Georgetown project. The Pflugerville campus, which includes a Nursing Center and Assisted Living Center, has a total of 90 parking spaces. Exhibit E includes photographs indicating the typical capacity of the parking lots. Exhibit F indicates 92 proposed parking spaces for Georgetown. We believe this is adequate. Additionally, Exhibits A, B and C confirm our belief that 92 spaces is appropriate. We request a variance to allow fewer parking spaces than City of Georgetown regulations require. We have made every effort to clearly define our requests and make you aware of the issues and the impact they have on this project. We look forward to working with the City of Georgetown. If you have any questions or comments please feel free to contact me. Sincerely, William A. Davies V, AIA, CSI Senior Partner loll cc: Charles Simon Charles Greive Sergio Lozano I L. L. IL CITY OF GEORGETOWN 2 A NOTICE TO SURROUNDING PROPERTY', OWNERS OF A PUBLIC MEETING Notice is hereby given that the City of Geor own will hold its regular public meeting of the: V PLANNING AND ZONING COMMISSION ❑ BOARD OF ADJUSTMENT This meeting will be held on the 5TH day of SEPTEMBER, 1995, at 6:00 p.m. at its regular meeting place in the Council Chambers, 101 East 7th Street, Georgetown, Texas to consider the proposed: Variances to the Subdivision Regulations for Parkview Estates, Section 5, Block A, Lot 13, located at the northeast corner of North Austin Avenue (Bus. 35) and FM 971 As one of the owners of adjacent property you are invited to be present at such meeting if you desire to discuss the proposed plan. See attached Exhibit A for more detail. Date: 8/21/95 City of Georgetown A copy of the planning report related to this item will be available at the Division of Development Services and the Georgetown Public Library no later than the Friday prior to the meeting described above. For further information phone the Development Services Division at 930-3575. PROPERTY OWNER'S COMMENTS Project Name: Parkview Estates Section 5 Blk A Lot 13-V r'ance Name of Respondent: AWI61i�q) I-01-14'r �1,"f",jam Address of Respondent: z2il 61MW I am in favor: l/ I object: If you wish to submit written comment, please respond by 8/30f95, it will be provided to the Board of Adjustment or Planning and Zoning Commission and City Council. Please reply to: City of Georgetown Development Services Division P. O. Box 409 Georgetown, Texas 78627 Council meeting date: 9-26-95 Item No.� AGENDA ITEM COVER SHEET SUBJECT Second Reading of An Ordinance extending time period for Southwest Georgetown Industrial District ITEM SUMMARY Ordinance would extend the term of Southwest Georgetown Industrial District from December 16, 1999 to December 16, 2010. In consideration for the extension, Texas Crushed Stone will donate approximately 3.09 acres to the City and Georgetown Railroad will donate approximately 4.71 acres to the City to be used for right of way for extension of Leander Road. In addition, Texas Crushed Stone will pay $100,000.00 cash to the City. Annual payments in lieu of taxes will continue throughout term of agreement. ATTACHMENTS Proposed Ordinance miffed By: Marianne Landers Banks, City Attorney ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING ORDINANCES 86-67 AND 92-30 TO EXTEND THE TIME PERIOD OF THE SOUTHWEST GEORGETOWN INDUSTRIAL DISTRICT AND TO AUTHORIZE REVISIONS OF THE TERMS AND CONDITIONS OF THE EXISTING AGREEMENTS WITH THE GEORGETOWN RAILROAD COMPANY, TEXAS CRUSHED STONE, AND THE MERLE P. WEIR ESTATE; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 17, 1986, the City Council passed Ordinance No. 86-67 creating the Southwest Georgetown Industrial District, for certain properties located within the extraterritorial jurisdiction of the City of Georgetown; WHEREAS, the City has amended Ordinance No. 86-67, which originally created the Southwest Georgetown Industrial District, ("Industrial District"), and Ordinance No. 92- 30, which was the first extension of the Industrial District Agreement; WHEREAS, the current owners of the property are the Georgetown Railroad Company, Texas Crushed Stone, and the Leroy and Merle Weir Charitable Trust (hereinafter "Owners"); WHEREAS, the Owners desire to extend the time period of the District; WHEREAS, the City desires to obtain easements and land for the extension of Leander Road and improve Railroad Street; WHEREAS, the creation and extension of the Industrial District is authorized by Section 42.044 of the Texas Local Government Code; and WHEREAS, the City Council determines that the extension of the time period of the District is in the best interest of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements Growth and Physical Development Policy 3 of the Century Plan - Policy Plan Element, which states: "The City will establish annexation Southwest Industrial Ordinance No. Page 1 of 3 procedures and standards that will benefit the community"; Facilities and Services Policy 1 of the Century Plan - Policy Plan Element, which states: "The City will endeavor to increase the quality of life through the upgrading of existing facilities and services and the provision of new services to meet the specific needs of the community"; and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The City Council and Owners understand that the current agreement would expire on December 16, 1999, if not extended. The City Council hereby authorizes the effective dates of Ordinances No. 86-67 and 92-30 relating to the Southwest Georgetown Industrial District, as more fully described by metes and bounds in the attached Exhibits A to be extended from December 16, 1999 until December 16, 2010. SECTION 3. The City Council further authorizes the amendment of the agreement with the Texas Crushed Stone and Georgetown Railroad Company upon the terms and conditions set forth in the attached Exhibit B and the Leroy and Merle Weir Charitable Trust upon the terms and conditions as set forth in the attached Exhibit C. SECTION 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 5. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable and be in full force and effect in ten (10) days on and after publication in accordance with the provisions of the Charter of the City of Georgetown SECTION 6. The Mayor is hereby authorized to sign this ordinance and the revised agreements with the Owners, and the City Secretary to attest thereto. This ordinance shall become effective after signed by the Mayor and attested by the City Secretary. The revised agreements shall be binding immediately upon execution by all parties. PASSED AND APPROVED on First Reading on the 22nd day of August, 1995. PASSED AND APPROVED on Second Reading on the 26th day of September, 1995. Southwest Industrial Ordinance No. Page 2 of 3 ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Southwest Industrial Ordinance No. Page 3 of 3 THE CITY OF GEORGETOWN: In Leo Wood, Mayor EXHIBIT TO BE PROVIDED BY TEXAS CRUSHED STONE THE STATE OF TEXAS ) SECOND AMENDED CONTRACT AND AGREEMENT WITH TEXAS CRUSHED COUNTY OF WILLIAMSON ) STONE, GEORGETOWN RAILROAD CO., AND THE CITY OF GEORGETOWN FOR THE EXTENSION OF THE SOUTHWEST CITY OF GEORGETOWN ) GEORGETOWN INDUSTRIAL DISTRICT THIS IS AN AMENDMENT AND EXTENSION TO THE CONTRACT AND AGREEMENT relating to the establishment and continuation of the Southwest Georgetown Industrial District, originally established by Georgetown Ordinance No. 86- 67, adopted by the Georgetown City Council on December 17, 1986, and amended by City of Georgetown Ordinance No. 92-30, adopted by the Georgetown City Council on November 10, 1992. Such original Contract and Agreement for the Southwest Georgetown Industrial District is by] and between the City of Georgetown, Texas, a Home Rule Municipal Corporation ("City"), and Texas Crushed Stone Company, a Texas Corporation ("TCS"), and Georgetown Railroad Company, Inc., a Texas Corporation ("GRR"), which original agreement is filed of record at Volume 1515, Page 304 . When referenced in this Agreement, "parties" collectively refers to all of the signatories to this Agreement, specifically the City, TCS and GRR. WHEREAS, the City has amended Ordinance No. 86-67, which originally created the Southwest Georgetown Industrial District ("Industrial District"), and Ordinance No. 92-30, which was the first extension of the Industrial District agreement; WHEREAS, TCS and GRR owns certain real property located within the Industrial District, which is more fully described by metes and bounds in the attached Exhibit A; WHEREAS, in continuation of the original agreement and first amendment, TCS, and GRR desire to show financial support for the City, without any obligation whatsoever on the part of the City to provide any municipal services to the properties described in Exhibit A; WHEREAS, Section 42.044 of the Texas Local Government Code was amended in 1993 to allow extensions of industrial district agreements for 15 year terms; WHEREAS, the Parties to this Agreement have agreed to extend the term of the Industrial District for an additional 15 years, pursuant to this provision of the Texas Local Government Code; WHEREAS, all parties to the original Industrial District agreement have been offered the same terms and conditions for extension of the Industrial District Page 1 of 7 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City TCS GRR agreement, as required by the Texas Local Government Code; WHEREAS, the parties desire to set forth these agreements in writing; NOW, THEREFORE, in consideration of the agreements set forth herein , the City, TCS and GRR hereby agree as follows: 1. Ori ig_nal Agreement. a. The City and TCS agree that the original Contract and Agreement for the Southwest Georgetown Industrial District, filed of record in Volume 1515, Page 304 of the Official Records of Williamson County, Texas, as amended by the Amended Contract and Agreement With Texas Crushed Stone executed on November 11, 1992, shall remain in effect with respect to the City and TCS, according to the terms and conditions thereof, except to the extent that it is amended by the terms of this Agreement. b. The City and GRR agree that the original Contract and Agreement for the Southwest Georgetown Industrial District, filed of record in Volume 1515, Page 304 of the Official Records of Williamson County, Texas, as amended by the Amended Contract and Agreement With Georgetown Railroad Company executed on November 18, 1992, shall remain in effect with respect to the City and GRR, according to the terms and conditions thereof, except to the extent that it is amended by the terms of this Agreement. 2. Second Extension Aareement. In accordance with Ordinance No. 92-30, adopted by the City Council of the City of Georgetown on November 10, 1992. Effective as of October 1, 1995, the Southwest Georgetown Industrial District and the original Contract and Agreement for the Southwest Georgetown Industrial District, as previously amended, are extended for an additional fifteen years to October 1, 2010. Subject to the provisions of this Agreement, during such fifteen year period the Industrial District status will apply to the properties described in Exhibit A hereto ("the property) and the Property will not be subject to annexation, in accordance with the terms of this Agreement. 3. Annual Payments. a. In further consideration for the second extension agreement, TCS agrees to pay to the City during the term of this Agreement annual payments of $11,250.00 beginning October 1, 1995 and continuing through October 1, 1999; regular annual payments of $15,000.00 beginning October 1, 2000 and continuing through October 1, 2009, when the last payment will be due. Such annual payments shall be in lieu of TCS's payment of ad valorem taxes to the City during the term of this Agreement. Page 2 of 7 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City TCS GRR b.. In further consideration for the second extension agreement, GRR agrees to pay to the City {$37,500.00} during the term of this Agreement in regular annual payments of $1,000.00 beginning October 1, 1995 and continuing through October 1, 1999; annual payments of $2,500.00 beginning October 1, 2000 and continuing through October 1, 2004; and annual payments of $4,000.00 beginning October 1, 2005 and continuing through October 1, 2009, when the last payment will be due. Such annual payments shall be in lieu of GRR's payment of ad valorem taxes to the City during the term of this Agreement. 4. Additional Consideration. As further consideration of this second extension agreement, the following additional consideration shall be provided to the City: a. TCS agrees to make a lump sum payment in the amount of $100,000.00 on or before September 30, 1995. b. GRR agrees to convey to the City the interest it owns in the right of way containing the old main railroad line from Highway 29 to Leander Road, known partially as "Railroad Street" and containing approximately 3.09 acres of land having an estimated value of $20,085.00. GRR further agrees to donate to the City a 120-foot right of way easement for the extension of Leander Road with a contractual license rather than an easement covering the place of the railroad crossing over and across a strip containing approximately 4.71 acres of land having an estimated value of $81,558.00; 6. Miscellaneous Clauses. a. Governing_ Law. This agreement has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Williamson County, Texas. b. Notices. All notices, requests or other communications required or permitted by this Agreement shall be in writing and shall be sent by (i) telecopy, with the original delivered by hand or overnight carrier, (ii) by overnight courier or hand delivery, or (iii) certified mail, postage prepaid, return receipt requested, and addressed tot he parties at the following addresses: City. City of Georgetown Page 3 of 7 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City TCS GRR P.O. Box 409 Georgetown, Texas 78627 Attn: City Manager City Attorney Fax: (512)930-3622 TCS: Texas Crushed Stone Co., Inc. P.O. Box 1000 Georgetown, Tx 78627 Attn: W.B. Snead Fax: 512-244-6055 GRR: Georgetown Railroad Co., Inc. P.O. Box 529 Georgetown, Tx 78627 Attn: Mr. C.R. Turner Fax: 512-869-2649 Addresses and telecopy numbers for notices required under this Agreement may be modified as needed by giving notice as required in this paragraph. C. No Oral Mod ification/Com lei to Agreement. The original Contract and Agreement for the Southwest Georgetown Industrial District, as previously amended and as further amended and extended by this Agreement and all exhibits thereto constitute the entire Agreement between the CITY and TCS and GRR and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified or cancelled by a duly executed written instrument. d. Waiver. No waiver by either party hereto of any term or condition of this agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. Page 4 of 7 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City TCS GRR e. Exhibits. All exhibits attached to this Agreement are incorporated by reference and expressly made part of this Agreement as if copied verbatim. f. Severability. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or inability to enforce shall not affect any provision thereof, and this agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement, and in such event the parties agree to modify this Agreement by mutual written agreement in order to effectuate the legitimate intent of the parties to conform with applicable law. g. Termination. This Agreement may be terminated at any time by mutual written agreement of the parties. In the event of default by either GRR or TCS which continues after written notice from the City and a reasonable cure period, the City by written notice may terminate this Agreement as to the party in default and the defaulting party's land within the land described in Exhibit A and in that event, (i) this Agreement shall continue in force and effect as to the non -defaulting party and its property, and (ii) as between the City and the defaulting party this Agreement shall terminate, and as the City's sole remedy the defaulting party's property within the land described in Exhibit A, immediately shall become subject to annexation provided by law and the City shall be entitled to retain all consideration theretofore paid or delivered by the defaulting party. h. Effect. The original Contract and Agreement for the Southwest Georgetown Industrial District, as previously amended, amended and extended by this Agreement, is ratified and confirmed. i. Heirs, successors and assigns bound. The Parties agree that their heirs, successors, executors, administrators, and assigns are hereby bound to the terms and conditions of this Agreement. j. Sionatures warranted. The signatories to this Agreement represent and warrant that they have the authority to execute this Agreement on behalf of the City, TCS and GRR respectively. Page 5 of 7 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City TCS GRR EXECUTED this of October 1, 1995. THE CITY OF GEORGETOWN Leo Wood, Mayor ATTEST: day of , 1995 but effective as TEXAS CRUSHED STONE COMPANY By:_ Title: ATTEST: Sandra D. Lee Corporate Secretary City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney GEORGETOWN RAILROAD COMPANY By: ATTEST: Corporate Secretary Page 6 of 7 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City TCS GRR EXECUTED this of October 1, 1995. THE CITY OF GEORGETOWN 0 Leo Wood, Mayor ATTEST: day of , 1995 but effective as TEXAS CRUSHED STONE COMPANY By:_ Title: ATTEST: Sandra D. Lee Corporate Secretary City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney GEORGETOWN RAILROAD COMPANY By: ATTEST: Corporate Secretary Page 6 of 7 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City TCS GRR THE STATE OF TEXAS ) SECOND AMENDED CONTRACT AND AGREEMENT WITH MERLE P. WEIR COUNTY OF WILLIAMSON ) ESTATE AND THE LEROY AND MERLE WEIR CHARITABLE TRUST CITY OF GEORGETOWN ) THIS IS AN AMENDMENT AND EXTENSION TO THE CONTRACT AND AGREEMENT relating to the establishment and continuation of the Southwest Georgetown Industrial District, originally established by Georgetown Ordinance No. 86-67, adopted by the Georgetown City Council on December 17, 1986, and amended by City of Georgetown Ordinance No. 92-30, adopted by the Georgetown City Council on November 10, 1992. Such original Contract and Agreement for the Southwest Georgetown Industrial District is by and between the City of Georgetown, Texas, a Home Rule Municipal Corporation ("City"), and Merle P. Weir Estate and the Leroy and Merle Weir Charitable Trust ("Weir"), which original agreement is filed of record at Volume 1515, Page 297 . When referenced in this Agreement, "parties" collectively refers to all of the signatories to this Agreement, specifically the City and Weir. WHEREAS, the City has amended Ordinance No. 86-67, which originally created the Southwest Georgetown Industrial District ("Industrial District"), and Ordinance No. 92- 30, which was the first extension of the Industrial District agreement; WHEREAS, Weir owns certain real property located within the Industrial District which is more fully described by metes and bounds in the attached Exhibit "A"; WHEREAS, in continuation of the original agreement and first amendment, Weir desire to show financial support for the City, without any obligation whatsoever on the part of the City to provide any municipal services to the properties described in Exhibit A; WHEREAS, Section 42.044 of the Texas Local Government Code was amended in 1993 to allow extensions of industrial district agreements for 15 year terms; WHEREAS, the parties to this Agreement have agreed to extend the term of the Industrial District for an additional 15 years, pursuant to this provision of the Texas Local Government Code; WHEREAS, all parties to the original Industrial District agreement have been offered the same terms and conditions for extension of the Industrial District agreement, as required by the Texas Local Government Code; WHEREAS, the parties desire to set forth these agreements in writing; Page 1 of 5 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City Weir NOW, THEREFORE, in consideration of the agreements set forth herein , the City and Weir hereby agree as follows: 1. Original Agreement. The City and Weir agree that the original Contract and Agreement for the Southwest Georgetown Industrial District, filed of record in Volume 1515, Page 297 of the Official Records of Williamson County, Texas, as amended by the Amended Contract and Agreement With Merle P. Weir Estate executed on November 11, 1992, shall remain in effect with respect to the City and Weir, according to the terms and conditions thereof, except to the extent that it is amended by the terms of this Agreement. 2. Second Extension Aareement. In accordance with Ordinance No. 92-30, adopted by the City Council of the City of Georgetown on November 10, 1992. Effective as of October 1, 1995, the Southwest Georgetown Industrial District and the original Contract and Agreement for the Southwest Georgetown Industrial District, as previously amended, are extended for an additional fifteen years to October 1, 2010. Subject to the provisions of this Agreement, during such fifteen year period the Industrial District status will apply to the properties described in Exhibit A hereto ("the property") and the Property will not be subject to annexation, in accordance with the terms of this Agreement. 3. Annual Payments. In further consideration for the second extension agreement, Weir agrees to pay to the City during the term of this agreement annual payments of $100.00 throughout the term of the Agreement, with the first payment being due and payable on October 1, 1995, and continuing regularly and annually thereafter until October 1, 2010, when the last payment will be due and payable. Such annual payments shall be in lieu of Weir's payment of ad valorem taxes to the City during the term of this Agreement. 4. Miscellaneous Clauses. a. Governin_ Law. This agreement has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Williamson County, Texas. b. Notices. All notices, requests or other communications required or permitted by this Agreement shall be in writing and shall be sent by (i) telecopy, with the original delivered by hand or overnight carrier, (ii) by overnight courier or hand delivery, or (iii) certified mail, postage prepaid, return receipt requested, and addressed tot he parties at the following Page 2 of 5 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City Weir addresses: City. City of Georgetown P.O. Box 409 Georgetown, Texas 78627 Attn: City Manager City Attorney Fax: (512)930-3622 Weir. Leroy and Merle Weir Charitable Trust c/o Frost National Bank, Trustee P.O. Box 2127 Austin, Tx 78768 Attn: Gordon May Fax: (512) 473-4835 Addresses and telecopy numbers for notices required under this Agreement may be modified as needed by giving notice as required in this paragraph. C. No Oral Modification/Complete Agreement. The original Contract and Agreement for the Southwest Georgetown Industrial District, as previously amended and as further amended and extended by this Agreement and all exhibits thereto constitute the entire Agreement between the City and Weir and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified or cancelled by a duly executed written instrument. d. Waiver. No waiver by either party hereto of any term or condition of this agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. e. Exhibits. All exhibits attached to this Agreement are incorporated by reference and expressly made part of this Agreement as if copied verbatim. f. Severability. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or inability to enforce Page 3 of 5 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City Weir shall not affect any provision thereof, and this agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement, and in such event the parties agree to modify this Agreement by mutual written agreement in order to effectuate the legitimate intent of the parties to conform with applicable law. g. Termination. This Agreement may be terminated at any time by mutual written agreement of the parties. In the event of default by Weir which continues after written notice from the City and a reasonable cure period, the City by written notice may terminate this Agreement between the City and the defaulting party this Agreement shall terminate, and as the City's sole remedy the defaulting party's property within the land described as Exhibit A immediately shall become subject to annexation provided by law and the City shall be entitled to retain all consideration theretofore paid or delivered by the defaulting party. h. Effect. The original Contract and Agreement for the Southwest Georgetown Industrial District, as previously amended, amended and extended by this Agreement, is ratified and confirmed. i. Heirs, successors and assigns bound. The Parties agree that their heirs, successors, executors, administrators, and assigns are hereby bound to the terms and conditions of this Agreement. j. Signatures warranted. The signatories to this Agreement represent and warrant that they have the authority to execute this Agreement on behalf of the City and Weir, respectively. EXECUTED this October 1, 1995. THE CITY OF GEORGETOWN By: Leo Wood, Mayor day of , 1995 but effective as of LEROY AND MERLE WEIR CHARITABLE TRUST By: Frost National Bank Trustee Gordon D. May Page 4 of 5 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City Weir ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney - STATE OF TEXAS § § ACKNOWLEDGEMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of , 1995, by Gordon D. May, a person known to me, Vice President and Trust Officer of Frost National Bank in its capacity as Trustee for the Leroy and Merle Weir Charitable Trust. Notary Public in and for the State of Texas Page 5 of 5 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City Weir Council meeting date: _September 26, 1995 Item No._ AGENDA ITEM COVER SHEET SUBJECT Agreement with Leroy and Merle Weir Charitable Trust for the second extension of Southwest Georgetown Industrial District ITEM SUMMARY This is the agreement for the second extension of the Southwest Georgetown Industrial District, as discussed under the item relating to the ordinance extending the term of the industrial district, which was handled as a separate agenda item. The original agreement was with the Merle P. Weir Estate, and the name of the entity has been changed. Since the original agreement allows for assignment of the industrial district agreement, the name of the entity has simply been changed in the proposed extension agreement. FINANCIAL IMPACT There will be an annual payment made in lieu of taxes as consideration for the extension of the non - annexation agreement. ATTACHMENTS Proposed agreement Submitted By: Marianne Landers Banks, City Attorney THE STATE OF TEXAS ) SECOND AMENDED CONTRACT AND AGREEMENT WITH MERLE P. WEIR COUNTY OF WILLIAMSON ) ESTATE AND THE LEROY AND MERLE WEIR CHARITABLE TRUST CITY OF GEORGETOWN ) THIS IS AN AMENDMENT AND EXTENSION TO THE CONTRACT AND AGREEMENT relating to the establishment and continuation of the Southwest Georgetown Industrial District, originally established by Georgetown Ordinance No. 86-67, adopted by the Georgetown City Council on December 17, 1986, and amended by City of Georgetown Ordinance No. 92-30, adopted by the Georgetown City Council on November 10, 1992. Such original Contract and Agreement for the Southwest Georgetown Industrial District is by and between the City of Georgetown, Texas, a Home Rule Municipal Corporation ("City"), and Merle P. Weir Estate and the Leroy and Merle Weir Charitable Trust ("Weir"), which original agreement is filed of record at Volume 1515, Page 297 . When referenced in this Agreement, "parties" collectively refers to all of the signatories to this Agreement, specifically the City and Weir. WHEREAS, the City has amended Ordinance No. 86-67, which originally created the Southwest Georgetown Industrial District ("Industrial District"), and Ordinance No. 92- 30, which was the first extension of the Industrial District agreement; WHEREAS, Weir owns certain real property located within the Industrial District which is more fully described by metes and bounds in the attached Exhibit "A"; WHEREAS, in continuation of the original agreement and first amendment, Weir desire to show financial support for the City, without any obligation whatsoever on the part of the City to provide any municipal services to the properties described in Exhibit A; WHEREAS, Section 42.044 of the Texas Local Government Code was amended in 1993 to allow extensions of industrial district agreements for 15 year terms; WHEREAS, the parties to this Agreement have agreed to extend the term of the Industrial District for an additional 15 years, pursuant to this provision of the Texas Local Government Code; WHEREAS, all parties to the original Industrial District agreement have been offered the same terms and conditions for extension of the Industrial District agreement, as required by the Texas Local Government Code; WHEREAS, the parties desire to set forth these agreements in writing; Page 1 of 5 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City Weir NOW, THEREFORE, in consideration of the agreements set forth herein, the City and Weir hereby agree as follows: 1. Ori ig nal Agreement. The City and Weir agree that the original Contract and Agreement for the Southwest Georgetown Industrial District, filed of record in Volume 1515, Page 297 of the Official Records of Williamson County, Texas, as amended by the Amended Contract and Agreement With Merle P. Weir Estate executed on November 11, 1992, shall remain in effect with respect to the City and Weir, according to the terms and conditions thereof, except to the extent that it is amended by the terms of this Agreement. 2. Second Extension Aareement. In accordance with Ordinance No. 92-30, adopted by the City Council of the City of Georgetown on November 10, 1992. Effective as of October 1, 1995, the Southwest Georgetown Industrial District and the original Contract and Agreement for the Southwest Georgetown Industrial District, as previously amended, are extended for an additional fifteen years to October 1, 2010. Subject to the provisions of this Agreement, during such fifteen year period the Industrial District status will apply to the properties described in Exhibit A hereto ("the property") and the Property will not be subject to annexation, in accordance with the terms of this Agreement. 3. Annual Payments. In further consideration for the second extension agreement, Weir agrees to pay to the City during the term of this agreement annual payments of $100.00 throughout the term of the Agreement, with the first payment being due and payable on October 1, 1995, and continuing regularly and annually thereafter until October 1, 2010, when the last payment will be due and payable. Such annual payments shall be in lieu of Weir's payment of ad valorem taxes to the City during the term of this Agreement. 4. Miscellaneous Clauses. a. Governina�Law. This agreement has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Williamson County, Texas. b. Notices. All notices, requests or other communications required or permitted by this Agreement shall be in writing and shall be sent by (i) telecopy, with the original delivered by hand or overnight carrier, (ii) by overnight courier or hand delivery, or (iii) certified mail, postage prepaid, return receipt requested, and addressed tot he parties at the following Page 2 of 5 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City Weir addresses: City. City of Georgetown P.O. Box 409 Georgetown, Texas 78627 Attn: City Manager City Attorney Fax: (512)930-3622 Weir. - Leroy and Merle Weir Charitable Trust c/o Frost National Bank, Trustee P.O. Box 2127 Austin, Tx 78768 Attn: Gordon May Fax: (512) 473-4835 Addresses and telecopy numbers for notices required under this Agreement may be modified as needed by giving notice as required in this paragraph. C. No Oral Modification/Complete Agreement. The original Contract and Agreement for the Southwest Georgetown Industrial District, as previously amended and as further amended and extended by this Agreement and all exhibits thereto constitute the entire Agreement between the City and Weir and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified or cancelled by a duly executed written instrument. d. Waiver. No waiver by either party hereto of any term or condition of this agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. e. Exhibits. All exhibits attached to this Agreement are incorporated by reference and expressly made part of this Agreement as if copied verbatim. f. Severabili . In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or inability to enforce Page 3 of 5 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City Weir shall not affect any provision thereof, and this agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement, and in such event the parties agree to modify this Agreement by mutual written agreement in order to effectuate the legitimate intent of the parties to conform with applicable law. g. Termination. This Agreement may be terminated at any time by mutual written agreement of the parties. In the event of default by Weir which continues after written notice from the City and a reasonable cure period, the City by written notice may terminate this Agreement between the City and the defaulting party this Agreement shall terminate, and as the City's sole remedy the defaulting party's property within the land described as Exhibit A immediately shall become subject to annexation provided by law and the City shall be entitled to retain all consideration theretofore paid or delivered by the defaulting party. h. Effect. The original Contract and Agreement for the Southwest Georgetown Industrial District, as previously amended, amended and extended by this Agreement, is ratified and confirmed. i. Heirs, successors and assigns bound. The Parties agree that their heirs, successors, executors, administrators, and assigns are hereby bound to the terms and conditions of this Agreement. j. Signatures warranted. The signatories to this Agreement represent and warrant that they have the authority to execute this Agreement on behalf of the City and Weir, respectively. EXECUTED this October 1, 1995. THE CITY OF GEORGETOWN By: Leo Wood, Mayor day of 1995 but effective as of LEROY AND MERLE WEIR CHARITABLE TRUST By: Frost National Bank Trustee Gordon D. May Page 4 of 5 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City Weir ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney - STATE OF TEXAS § § ACKNOWLEDGEMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of , 1995, by Gordon D. May, a person known to me, Vice President and Trust Officer of Frost National Bank in its capacity as Trustee for the Leroy and Merle Weir Charitable Trust. Notary Public in and for the State of Texas Page 5 of 5 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City Weir Council meeting date: September 26, 1995 Item No._ AGENDA ITEM COVER SHEET SUBJECT Agreement with Texas Crushed Stone Company and Georgetown Railroad Company, Inc., for the second extension of Southwest Georgetown Industrial District ITEM SUMMARY This is the agreement for the second extension of the Southwest Georgetown Industrial District, as discussed under the item relating to the ordinance extending the term of the industrial district, which was handled as a separate agenda item. As part of the consideration for the extension of the industrial district, Georgetown Railroad is donating its interest in the Railroad Street right of way and right of way for the Leander Road extension to FM 1460 to the City. This property has an extimated total value of $101,643.00. Texas Crushed Stone, as additional consideration, is donating $100,000.00 cash to the City. FINANCIAL IMPACT There will be an annual payment made in lieu of taxes as consideration for the extension of the non - annexation agreement. ATTACHMENTS Proposed agreement Submitted By: Marianne Landers Banks, City Attorney THE STATE OF TEXAS ) SECOND AMENDED CONTRACT AND AGREEMENT WITH TEXAS CRUSHED COUNTY OF WILLIAMSON ) STONE, GEORGETOWN RAILROAD CO., AND THE CITY OF GEORGETOWN FOR THE EXTENSION OF THE SOUTHWEST CITY OF GEORGETOWN ) GEORGETOWN INDUSTRIAL DISTRICT THIS IS AN AMENDMENT AND EXTENSION TO THE CONTRACT AND AGREEMENT relating to the establishment and continuation of the Southwest Georgetown Industrial District, originally established by Georgetown Ordinance No. 86- 67, adopted by the Georgetown City Council on December 17, 1986, and amended by City of Georgetown Ordinance No. 92-30, adopted by the Georgetown City Council on November 10, 1992. Such original Contract and Agreement for the Southwest Georgetown Industrial District is by] and between the City of Georgetown, Texas, a Home Rule Municipal Corporation ("City"), and Texas Crushed Stone Company, a Texas Corporation ("TCS"), and Georgetown Railroad Company, Inc., a Texas Corporation ("GRR"), which original agreement is filed of record at Volume 1515, Page 304 . When referenced in this Agreement, "parties" collectively refers to all of the signatories to this Agreement, specifically the City, TCS and GRR. WHEREAS, the City has amended Ordinance No. 86-67, which originally created the Southwest Georgetown Industrial District ("Industrial District"), and Ordinance No. 92-30, which was the first extension of the Industrial District agreement; WHEREAS, TCS and GRR owns certain real property located within the Industrial District, which is more fully described by metes and bounds in the attached Exhibit A; WHEREAS, in continuation of the original agreement and first amendment, TCS, and GRR desire to show financial support for the City, without any obligation whatsoever on the part of the City to provide any municipal services to the properties described in Exhibit A; WHEREAS, Section 42.044 of the Texas Local Government Code was amended in 1993 to allow extensions of industrial district agreements for 15 year terms; WHEREAS, the Parties to this Agreement have agreed to extend the term of the Industrial District for an additional 15 years, pursuant to this provision of the Texas Local Government Code; WHEREAS, all parties to the original Industrial District agreement have been offered the same terms and conditions for extension of the Industrial District Page 1 of 7 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City TCS GRR agreement, as required by the Texas Local Government Code; WHEREAS, the parties desire to set forth these agreements in writing; . NOW, THEREFORE, in consideration of the agreements set forth herein , the City, TCS and GRR hereby agree as follows: 1. Oriainal Acireement. a. The City and TCS agree that the original Contract and Agreement for the Southwest Georgetown Industrial District, filed of record in Volume 1515, Page 304 of the Official Records of Williamson County, Texas, as amended by the Amended Contract and Agreement With Texas Crushed Stone executed on November 11, 1992, shall remain in effect with respect to the City and TCS, according to the terms and conditions thereof, except to the extent that it is amended by the terms of this Agreement. b. The City and GRR agree that the original Contract and Agreement for the Southwest Georgetown Industrial District, filed of record in Volume 1515, Page 304 of the Official Records of Williamson County, Texas, as amended by the Amended Contract and Agreement With Georgetown Railroad Company executed on November 18, 1992, shall remain in effect with respect to the City and GRR, according to the terms and conditions thereof, except to the extent that it is amended by the terms of this Agreement. 2. Second Extension Agreement. In accordance with Ordinance No. 92-30, adopted by the City Council of the City of Georgetown on November 10, 1992. Effective as of October 1, 1995, the Southwest Georgetown Industrial District and the original Contract and Agreement for the Southwest Georgetown Industrial District, as previously amended, are extended for an additional fifteen years to October 1, 2010. Subject to the provisions of this Agreement, during such fifteen year period the Industrial District status will apply to the properties described in Exhibit A hereto ("the property") and the Property will not be subject to annexation, in accordance with the terms of this Agreement. 3. Annual Payments. a. In further consideration for the second extension agreement, TCS agrees to pay to the City during the term of this Agreement annual payments of $11,250.00 beginning October 1, 1995 and continuing through October 1, 1999; regular annual payments of $15,000.00 beginning October 1, 2000 and continuing through October 1, 2009, when the last payment will be due. Such annual payments shall be in lieu of TCS's payment of ad valorem taxes to the City during the term of this Agreement. Page 2 of 7 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City TCS GRR b.. In further consideration for the second extension agreement, GRR agrees to pay to the City {$37,500.00} during the term of this Agreement in regular annual payments of $1,000.00 beginning October 1, 1995 and continuing through October 1, 1999; annual payments of $2,500.00 beginning October 1, 2000 and continuing through October 1, 2004; and annual payments of $4,000.00 beginning October 1, 2005 and continuing through October 1, 2009, when the last payment will be due. Such annual payments shall be in lieu of GRR's payment of ad valorem taxes to the City during the term of this Agreement. 4. Additional Consideration. As further consideration of this second extension agreement, the following additional consideration shall be provided to the City: a. TCS agrees to make a lump sum payment in the amount of $100,000.00 on or before September 30, 1995. b. GRR agrees to convey to the City the interest it owns in the right of way containing the old main railroad line from Highway 29 to Leander Road, known partially as "Railroad Street" and containing approximately 3.09 acres of land having an estimated value of $20,085.00. GRR further agrees to donate to the City a 120-foot right of way easement for the extension of Leander Road with a contractual license rather than an easement covering the place of the railroad crossing over and across a strip containing approximately 4.71 acres of land having an estimated value of $81,558.00; 6. Miscellaneous Clauses. a. Governin_a Law. This agreement has been made under and shall be governed by the laws of the State of Texas. The parties agree that performance and all matters related thereto shall be in Williamson County, Texas. b. Notices. All notices, requests or other communications required or permitted by this Agreement shall be in writing and shall be sent by (i) telecopy, with the original delivered by hand or overnight carrier, (ii) by overnight courier or hand delivery, or (iii) certified mail, postage prepaid, return receipt requested, and addressed tot he parties at the following addresses: City. City of Georgetown Page 3 of 7 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City TCS GRR P.O. Box 409 Georgetown, Texas 78627 Attn: City Manager City Attorney Fax: (512)930-3622 TCS: Texas Crushed Stone Co., Inc. P.O. Box 1000 Georgetown, Tx 78627 Attn: W.B. Snead Fax: 512-244-6055 GRR: Georgetown Railroad Co., Inc. P.O. Box 529 Georgetown, Tx 78627 Attn: Mr. C.R. Turner Fax: 512-869-2649 Addresses and telecopy numbers for notices required under this Agreement may be modified as needed by giving notice as required in this paragraph. C. No Oral Modification/Complete Agreement. The original Contract and Agreement for the Southwest Georgetown Industrial District, as previously amended and as further amended and extended by this Agreement and all exhibits thereto constitute the entire Agreement between the CITY and TCS and GRR and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified or cancelled by a duly executed written instrument. d. Waiver. No waiver by either party hereto of any term or condition of this agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. Page 4 of 7 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City TCS GRR e. 'Exhibits. All exhibits attached to this Agreement are incorporated by reference and expressly made part of this Agreement as if copied verbatim. f. SeverabilitX. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or inability to enforce shall not affect any provision thereof, and this agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement, and in such event the parties agree to modify this Agreement by mutual written agreement in order to effectuate the legitimate intent of the parties to conform with applicable law. g. Termination. This Agreement may be terminated at any time by mutual written agreement of the parties. In the event of default by either GRR or TCS which continues after written notice from the City and a reasonable cure period, the City by written notice may terminate this Agreement as to the party in default and the defaulting party's land within the land described in Exhibit A and in that event, (i) this Agreement shall continue in force and effect as to the non -defaulting party and its property, and (ii) as between the City and the defaulting party this Agreement shall terminate, and as the City's sole remedy the defaulting party's property within the land described in Exhibit A, immediately shall become subject to annexation provided by law and the City shall be entitled to retain all consideration theretofore paid or delivered by the defaulting party. h. Effect. The original Contract and Agreement for the Southwest Georgetown Industrial District, as previously amended, amended and extended by this Agreement, is ratified and confirmed. i. Heirs successors and assigns bound. The Parties agree that their heirs, successors, executors, administrators, and assigns are hereby bound to the terms and conditions of this Agreement. j. Signatures warranted. The signatories to this Agreement represent and warrant that they have the authority to execute this Agreement on behalf of the City, TCS and GRR respectively. Page 5 of 7 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City TCS GRR EXECUTED this day of , 1995 but effective as of October 1, 1995. THE CITY OF GEORGETOWN an Leo Wood, Mayor ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney TEXAS CRUSHED STONE COMPANY By:_ Title: ATTEST: Corporate Secretary GEORGETOWN RAILROAD COMPANY go ATTEST: Corporate Secretary Page 6 of 7 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City TCS GRR STATE OF TEXAS § § CORPORATE ACKNOWLEDGEMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of 1995, by , a person known to me, in his capacity as for Texas Crushed Stone Co., Inc, on behalf of said corporation. Notary Public in and for the State of Texas STATE OF TEXAS § § CORPORATE ACKNOWLEDGEMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the day of 1995, by , a person known to me, in his capacity as for Georgetown Railroad Company, Inc., on behalf of said corporation. Notary Public in and for the State of Texas Page 7 of 7 Second Amendment for Southwest Georgetown Industrial District Initial as to Approval: City TCS GRR Council Meeting Date: 9/26/95 Item No. -70F AGENDA ITEM COVER SHEET SUBJECT An Ordinance amending the 1994/95 Annual Operating Plan Element (budget) to offset variances in various fund budgets for increases in expenditures that are tied to service requests or revenue collection rates, to properly account for grant expenditures, and to reclass expenditures between funds. Second Reading. ITEM SUMMARY Expenditure items within the Annual Operating Plan are based on service demands or revenue collections. As a result of the improving economy in the Georgetown area, the expenditures of the Sanitation Fund are greater than anticipated. This increase includes contract expenses and transfers to the General Fund totaling $14,000, offset by increases in revenue. There is no effect on the working capital of the fund. A budget amendment is needed in the Airport Fund to properly account for a federal grant received. This budget amendment will increase Buildings & Improvements by $62,000 and be offset by $62,000 of grant revenue. There is no net effect on the working capital of the fund. SPECIAL CONSIDERATIONS The City Charter requires that a majority plus one must approve an amendment to the approved budget. FINANCIAL IMPACT The budget amendment will be incorporated with the previously approved budget. COMMENTS None. ATTACHMENTS Proposed Ordinance. Submitted B Micki Rundell, Accounting Director Susan L. Morgan, Director of Finance and Administration ORDINANCE NO. AN ORDINANCE AMENDING THE 1994/95 ANNUAL OPERATING PLAN ELEMENT (BUDGET) DUE TO CONDITIONS THAT RESULTED IN YEAR END BUDGET VARIANCES; APPROPRIATING THE VARIOUS AMOUNTS THEREOF; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. WHEREAS, increases in revenues and services demands have resulted in 1994/95; and WHEREAS, these increases have resulted in higher than anticipated expenditures; and WHEREAS, grant proceeds of $62,000 for airport improvements were received, but not appropriated; and WHEREAS, the changes were unknown and unforeseeable at the time the fiscal year 1994/95 budget was approved; and WHEREAS, the City Charter allows for changes in the Annual Operating Plan by a Council of a majority plus one in emergency situations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements Finance Policy 1 of the Century Plan- Policy Plan Element, which states "The City will conduct all municipal operations in an efficient business -like manner" and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The amendment to the 1994/95 Annual Operating Plan Element (Budget) of the revenues of the City of Georgetown and expenses of conducting the affairs thereof, is in all things adopted and approved as an addition to the previously approved budget of the current revenues and expenses as well as fixed charges against said City for the fiscal year beginning October 1, 1994, and ending September 30, 1995. A copy of the amendment is attached hereto as Exhibit A, and incorporated by reference herein. SECTION 3. The total of $86,000 is hereby appropriated for payments of expenditures of the funds. SECTION 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 5. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective upon adoption of its second and final reading by the City Council of the City of Georgetown, Texas. PASSED AND APPROVED on First Reading on the 12th day of September, 1995 PASSED AND APPROVED on Second Reading on the 26th day of September, 1995. ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Budget Amendment No. Page 2 of 3 TEE CITY OF GEORGETOWN: By: Leo Wood Mayor EXHIBIT A Annual Operating Plan Element (Budget) Amendment Sanitation Fund: Revenue Garbage Sales $145P000 Expenditures Operations - Contracts 12,000 Operations - Collection Station 2,000 Excess revenue over Expenditures $ - 0 - Airport Fund: Revenue Grant Proceeds $62,000 Expenditures Buildings & Improvements 62,000 Excess revenue over Expenditures $ - 0 - Budget Amendment No. Page 3 of 3 Council Meeting Date: 9/26/95 Item No. fV4_ AGENDA ITEM COVER SHEET SUBJECT An ordinance adopting an Annual Operating Plan Element of the Georgetown Century Plan (budget) for the fiscal year beginning October 1, 1995, and ending September 30, 1996; adopting the Annual Amendment to the Century Plan. Second Reading. ITEM SUMMARY This Ordinance adopts the Annual Operating Plan Element of the Georgetown Century Plan for the fiscal year beginning October 1, 1995, and ending September 30, 1996. The Ordinance also adopts the Annual Amendment for the previously adopted functional plan elements Development Plan and Parks and Recreation and establishes a new effective date for those functional plans. This ordinance also establishes authority for the City Manager to transfer citywide salary monies within the Employee & Organizational Services department to other departments as needed, thus eliminating many previously required budget amendments. This authority allows the City Manager to transfer previously appropriated funds, and does not effect the total appropriated budget. Revisions for timing changes are included in Exhibit B of the ordinance. SPECIAL CONSIDERATIONS None. FINANCIAL IMPACT The Annual Operating Plan Element of the Georgetown Century Plan for 1995/96 contains a discussion of the financial impact of the ordinance. COMMENTS The operating budget has been reduced by $1, 816, 800 since the first reading to remove the gas utility as discussed. ATTACHMENTS Proposed Ordinance. Submitted By: J ' nSusan L. Morgan, Director of Finance and Administration Bob Hart, City Manager ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, ADOPTING THE CENTURY PLAN - ANNUAL OPERATING PLAN ELEMENT FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1, 1995, AND ENDING SEPTEMBER 30, 1996, IN ACCORDANCE WITH CHAPTER 102, LOCAL GOVERNMENT CODE; APPROPRIATING THE VARIOUS AMOUNTS THEREOF; ADOPTING THE ANNUAL AMENDMENT TO THE CENTURY PLAN; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Charter of the City of Georgetown, Texas, was amended by vote of the people in April, 1986 such that comprehensive planning was established as a continuous and ongoing governmental function; and WHEREAS, the City Council did, on March 8, 1988, adopt by Ordinance Number 880097 the Georgetown Century Plan - Policy Plan as the Comprehensive Plan for the City pursuant to Section 1.08 of the City Charter; and WHEREAS, Chapter 4-Administration of the Policy Plan establishes the means of implementing, revising, and amending adopted elements of the Century Plan; and WI -AREAS, the City Manager of the City of Georgetown has submitted to the City Council a proposed Annual Operating Plan element ("Plan") of the Century Plan of the revenues of said City and expenses of conducting the affairs thereof and providing a complete financial plan for the ensuing fiscal year, beginning October 1, 1995, and ending September 30, 1996, and which said Proposed Plan has been compiled from detailed information obtained from the several departments and offices of the City; and WHEREAS, the City Council has received said City Manager's Proposed Plan and a copy of such Proposed Plan and all supporting schedules have been filed with the City Secretary of the City of Georgetown; and WHEREAS, in accordance with Section 102.006 of the Texas Local Government Code, a public hearing was held on August 22, 1995, concerning such Proposed Plan; and such hearing was held giving all interested taxpayers an opportunity to be heard for or against any item or amount therein; and 1995/96 Annual Operating Plan Ordinance No. Page 1 of 4 WHEREAS, the City Council of the City of Georgetown is of the opinion that the Proposed Plan should be approved and adopted as the City's Annual Operating Plan element for the ensuing fiscal year; and WHEREAS, the City Council has reviewed all adopted ends, means, and Functional Plans to develop the Proposed Plan and adoption of the Annual Operating Plan shall constitute an Annual Amendment to those elements; 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 thft-this ordinance implements the following Policies of the Century Plan - Policy Plan element: 1. Finance Policy 1, which states: "The City will conduct all municipal operations in an efficient business -like manner;" and 2. Growth and Physical Development Policy 2, which states: "The City's regulatory actions will efficiently and effectively implement the Policy Statements and provide the opportunity to seek change with reasonable effort and expense;" and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The Proposed Plan of the revenues of the City of Georgetown and expenses of conducting the affairs thereof, providing a financial plan for the ensuing fiscal year beginning October 1, 1995, and ending September 30, 1996, as submitted to the City Council by the City Manager of said City, and the same is in all things adopted and approved as the Annual Operating Plan of the current revenues and expenses as well as fixed charges against said City for the fiscal year beginning October 1, 1995, and ending September 30, 1996. Exhibit "A" is the Plan distributed to Council members August 16, 1995, incorporated by reference herein and Exhibit "B" outlining the changes thereto. 1995/96 Annual Operating Plan Ordinance No. Page 2 of 4 SECTION 3. The amounts indicated for the following funds are hereby appropriated for payments of expenditures and payments of the individual funds: Fund Appropriations Airport Fund $ 7657535 Debt Service 971,078 Electric Funds 17,674,504 Facilities Maintenance Fund 5111631 Fleet Management Fund 113131464 General Capital Projects 1,1611371 General Fund 9)694,831 Information Services Fund 7093673 Joint Services Fund 270881057 Sanitation Fund 115373,046 +-- Special Revenue Funds 2,81131637 Stormwater Drainage Funds 1,232,879 Streets Capital Projects 2,247,400 Wastewater Funds 67270,207 Water Funds 10,110,307 Total for 1995/96 58,935.620 SECTION 4. Adoption of this ordinance authorizes the City Manager to transfer monies set aside for salary adjustments and employee merit increases in the Employee & Organizational Services department to other departments as needed. SECTION 5. Adoption of this Ordinance shall constitute the Annual Amendment to the following adopted functional plan elements and shall establish a new effective date for these elements: Development Plan Parks and Recreation Plan Economic Development Strategic Plan SECTION 6. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 7. If any provision of this Ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. 1995/96 Annual Operating Plan Ordinance No. Page 3 of 4 SECTION 8. The Mayor is hereby authorized to sign this Ordinance and the City Secretary to attest. This Ordinance shall become effective upon adoption of its second and final reading by the City Council of the City of Georgetown, Texas. PASSED AND APPROVED on First Reading on the 12th day of September, 1995. PASSED AND APPROVED on Second Reading on the 26th day of September, 1995. ATTEST: Sandra Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney 1995/96 Annual Operating Plan Ordinance No. Page 4 of 4 THE CITY OF GEORGETOWN: By: Leo Wood Mayor EXHIBIT "B" 1995/96 ANNUAL OPERATING PLAN - REVISIONS PROPOSED CHANGE: AMOUNT Increase (Decrease) 1. Decrease the projected actual 1994195 amount in General Fund Planning Services department for personnel related expenses. General Fund - Planning Services Personnel (7,857) 2. Reclass expenses within General Capital Project Fund for the 80OMHZ microwave tower and the sale of radio equipment. Sale of Property - Revenue 20,000 River Corridors project (43,421) Radio Equipment (previously $20,200) 83,621 3. Adjust Council Contingency for projects budgeted in 1994/95 year that will not be expended until 1995/96 year. Electric Fund - Dan Utley historical interviews Water Fund - Greenhouse project 5.000 Waterwater Fund - Remaining services related to Heritage Baptist Church 9,065 8,000 4. Adjust General Fund Animal Services for projects budgeted in 1994/95 year that will not be expended until 1995/96 year. General Fund - Animal Services Operations 900 5. Adjust General Fund Fire Surpression for projects budgeted in 1994/95 year that will not be expended until 1995/96 year. General Fund - Fire Surpression 9,500 6 Remove gas utility related revenues and expenditures from 1995/96 Annual Operating Plan. Gas Fund Gas Capital Projects Fund (246,525) Water Fund - Transfers Out (1,500,000) (70,275) EXHIBIT "B" ALL FUNDS SUMMARY 95/96 - REVISED OPERATING PLAN 09/19/95 Budgeted Projected Budgeted Beginning Beginning Ending Fund Balance I Fund Balance / Budgeted Budgeted Fund Balance / Working Capital Working Capital Revenues Expenditures Working Capital 10/1/95 10/1/95 95/96 95196 9/30/96 Airport Fund Debt Service Fund (121, 311) 224,867 457,735 765,535 (82,933) Electric Capital Projects 161,215 0 174,102 969,587 971,078 - 172,611 Electric Debt Service 101,844 1,816,670 102,438 1,813,772 165,656 3,630,442 160,581 0 Electric Fund Facilities Maintenance ISF 1,638,531 1,878,502 13,294,779 13,883,481 107,513 1,289,800 Fleet Management ISF 0 0 22,800 48,178 488,831 1,265,286 511,631 1,313,464 0 General Capital Projects General Fund 0 1,050,376 169,950 1,161,371 0 58,955 Information Services ISF 1,325,000 158 2,196,690 9,119,798 9,694,831 1,621,657 Joint Services Fund 0 10,785 698,888 709,673 0 Sanitation Fund 0 68,137 2,019,920 2,088,057 0 Special Revenue Funds 58,627 18,216 284,253 1,354,830 2,691,091 1,373,046 2,811,637 0 163,707 Stormwater Drainage Capital Projects Stormwater Drainage Debt Service 100,900 679,700 218,000 807,700 90,000 Stormwater Drainage Fund 72,162 25,000 0 55,900 64,899 330,680 63,599 361.580 1,300 25,000 Streets Capital Projects Wastewater Capital Projects 0 1,106,486 38,421 2,318,053 2,181,400 2,247,400 (27,579) Wastewater Debt Service 919,850 586,956 805,471 879,248 1,875,940 839,248 1,247,584 626,956 Wastewater Fund Water Capital Projects 675,282 861,179 3,790,815 3,555,019 1,096,975 Water Debt Service (36,513) 746,035 (26,694) 670,970 2,723,182 1,368,291 2,696 488 1,316,291 0 Water Fund 1,100,000 1,556,497 5,915,638 6,097,528 722,970 1,374,607 Subtotal 7,873,266 - 14,636,996 52,787,747 58,935,620 8,489,123 Less Transfers In & Out and Services & Administrative Charges 14, 355,458 14, 355, 458 Total 7,873,266 14,636,996 38,432,289 44,580,162 8,489,123 Add In Electric Fund Notes Receivable: Tessco Reedholm Instruments 363,469 0 363,469 335,200 IH-35 Frontage Road Assessment 578,000 0 578,000 125,000 578,000 Total Fund Balance/Working Capital 8,814,735 15,578,465 9,527,323 Council Meeting Date: _ 9/26/95 Item No. 1� C AGENDA ITEM COVER SHEET SUBJECT An ordinance amending § 2.08.010 "Administrative Divisions and Departments" of the Georgetown Code of Ordinances. Second Reading. ITEM SUMMARY This ordinance provides for the assignment of departmental and fiscal responsibility to the administrative divisions of the City. The changes for 1995/96 are outlined below. (1) Creation of the Information Resources division - Information Services is transferred from the F&A division; GIS from the Development Services division; Information Resources Managwment functions of netivsletter, records management and mail from the Management Services division; and the Public Library from the Community Services division. (2) Transfer of General Government and General Insurance departments to the Community Services division - This transfer is in conjunction with the creation of the Information Resources division. (3) Renaming of Human Resources to Employee & Organizational Services. (4) Create Fire Training/Emergency Management department within Fire Services division. (5) Rename department areas in Community Owned Utilities and add departments for the City's gas utility. All of these changes are reflected in the proposed 1995/96 Annual Operating Plan as submitted to Council. SPECIAL CONSIDERATIONS None. FINANCIAL IMPACT None. COMMENTS The Community Owned Utilities division has been changed on the second reading to reflect deletion of the City's gas utility. ATTACHMENTS Proposed Ordinance. Submitted By: t c- Susan L. Morgan, Director of Finance and Administration Bob Hart, City Manager ORDINANCE NUMBER AN ORDINANCE AMENDING CITY OF GEORGETOWN, CODE OF ORDINANCES § 2.08.010 ADMINISTRATIVE DIVISIONS AND DEPARTMENTS; PROVIDING A SEVERABILITY CLAUSE; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City Council has found that this action implements Finance Policy 1 on the Century Plan - Policy Plan Element "Conduct all municipal operations in an efficient, business like manner", and is not found to be inconsistent or in conflict with any Century Plan Policies, as required by § 2.03 of the Administrative Chapter of the Policy Plan; WHEREAS, the City Council of the City of Georgetown, Texas deems it necessary to amend § 2.08.010 of the City of Georgetown Code of Ordinances entitled "Administration", , "Administrative Divisions and Departments"; and WHEREAS, the City Council has found that this action implements Finance Policy 1 of the Century Plan - Policy Plan Element ("Conduct all municipal operations in an efficient, business -like manner"); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements Finance Policy 1 of the Century Plan - Policy Plan Element, which states: "The City will conduct all municipal operations in an efficient business -like manner", and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The City of Georgetown Code of Ordinances, Chapter 2, Administration, § 2.08.010, Administrative Divisions and Departments, is hereby amended to read as follows: § 2.08.010. Administrative Divisions and Departments. There are hereby established the following administrative divisions and departments of the City: Amend Divisions/Departments Ordinance No. Pagel of 4 Community Owned Utilities Division: Administration Customer Service (Meter Readers) Energy Services (Electric) Pump Maintenance Systems Engineering Transportation Services (Stormwater Drainage & Streets) Water Services (Wastewater & Water) Community Services Division: Administration General Government General Insurance Airport Animal Services Convention & Visitors Bureau Sanitation Development Services Division: Building Inspection Services Planning Services Finance and Administration Division: Accounting Administration Facilities Maintenance (including Internal Service Fund) Fleet Management (including Internal Service Fund) Municipal Court Purchasing & Properties Utility Office Amend Divisions/Departments Ordinance No. Page 2 of 4 s-- Fire Division: Fire Prevention (Code Enforcement & Inspection) Fire Suppression Fire Training/Emergency Management Information Resources Division: Information Resources Management Information Services (GIS) (including Internal Service Fund) Public Library Management Services Division: City Council �- City Attorney City Manager's Office Employee & Organizational Services (formerly Human Resources) Safety Coordination (formerly Risk Management) Parks and Recreation Division: Parks (Cemetery) Recreation Police Services Division: Organizational & Administrative Special Operations Information Management Patrol Services Professional Standards SECTION I In the event any section, paragraph, subdivision, clause, phrase, provision sentence or part of this ordinance or the application of same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional, by a court of competent jurisdiction, it shall not affect, impair, or invalidate the remainder of this ordinance which shall be given full force and effect. Amend Divisions/Departments Ordinance No. Page 3 of 4 SECTION 4. This ordinance shall become effective October 1, 1995 upon adoption by the City Council of the City of Georgetown, Texas. PASSED AND APPROVED on First Reading on the 12th day of September, 1995. PASSED AND APPROVED on Second Reading on the 26th day of September, 1995. ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Amend Divisions/Departments Ordinance No. Page 4 of 4 THE CITY OF GEORGETOWN: By: Leo Wood Mayor Council Meeting Date: 09/26/95 Item No. AGENDA ITEM COVER SHEET SUBJECT An ordinance levying a tax rate for the City of Georgetown for the tax year 1995. Second Reading. ITEM SUMMARY This ordinance sets the ad valorem tax rate for the tax year 1995. The rate will be based on net taxable property values at January 1, 1995, to assess taxes for collection during fiscal year 1995/96. The tax rate of $.37000 per $100 valuation is the proposed tax rate for 1995. SPECIAL CONSIDERATIONS The public hearing (held September 7, 1995) and public notices requirements have been met. FINANCIAL IMPACT t This tax rate has been used in the preparation of the Annual Operating Plan Element of the Georgetown Century Plan for 1995/96. COMMENTS ATTACHMENTS Proposed Ordinance. Submitted By: Susan L. Morgan, Director of Finance and Administration Bob Hart, City Manager ORDINANCE NUMBER AN ORDINANCE LEVYING A TAX RATE FOR THE CITY OF GEORGETOWN FOR THE TAX YEAR 1995; PROVIDING A SEVERABILITY CLAUSE; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown, Texas is an incorporated Home Rule city dependent upon taxes to provide it's citizens with services; and WHEREAS, the City Council finds it necessary to levy taxes for the 1995/96 fiscal year for the City of Georgetown, Texas; and WHEREAS, the City Council has met all of the prerequisites for the levying of taxes within the city; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT - SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements Finance Policy 1 of the Century Plan - Policy Plan Element, which states: "The City will conduct all municipal operations in an efficient business -like manner", and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The City Council of the City of Georgetown (the "City Council") hereby finds that all of the prerequisites to the levying of a tax rate for this City for the year 1995, (including, without limitation, certifications, notices, submittals, and public hearings) as required by law have been complied with. SECTION'). The City Council does hereby levy and adopt the tax rate on $100 valuation for the tax year 1995 as follows: $.19514 for the purpose of maintenance and operation 17486 for the principal and interest on debt of this city 37000 total tax rate SECTION 4. If any section, paragraph, clause, phrase, or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof other than the part so declared to be invalid or unconstitutional. Levy Tax Rate Ordinance No. Pagel of 2 SECTION 5. This Ordinance shall become effective upon adoption of its second and final reading by the City Council of the City of Georgetown, Texas. PASSED AND APPROVED on First Reading on the 12th day of September, 1995. PASSED AND APPROVED on Second Reading on the 26th day of September, 1995. ATTEST: THE CITY OF GEORGETOWN: Sandra Lee By: Leo Wood �- City Secretary Mayor APPROVED AS TO FORM: Marianne Landers Banks City Attorney Levy Tax Rate Ordinance No. Page 2 of 2 Council Meeting Date: 9/26/95 Item No. Wet& AGENDA ITEM COVER SHEET SUBJECT An ordinance amending solid waste disposal rates. Second Reading. ITEM SUMMARY Sanitation rates will be raised $0.60 per month for residential customers and 6.0% for commercial customers. One percent of the increase pays for rate increases from the private contractor, the remainder offsets operating deficits the City generates by providing these services. SPECIAL CONSIDERATIONS The revenue increase will help offset the Sanitation Fund's operating deficit. FTNANCTAL IMPACT This proposed change has been used in the preparation of the Annual Operating Plan Element of the City of Georgetown Century Plan for 1995/96. COMMENTS The ordinance and attachment have been revised for the second reading to reflect Council approved change from the proposed 7.5% increase to the 6.0% increase. ATTACHMENTS Proposed Ordinance. Submitted By: Susan L. Morgan, Director of Finance and Administration Bob Hart, City Manager ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING CITY OF GEORGETOWN CODE OF ORDINANCES § 13.04.180 RELATING TO SOLID WASTE DISPOSAL RATES; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Georgetown has submitted to the City Council a proposed budget ("Annual Operating Plan") of the revenues of the City for the ensuring fiscal year, beginning October 1, 1995 and ending September 30, 1996 and which said revenues include revised solid waste disposal rates changes; and WHEREAS, the City Council has reviewed the City Manager's Annual Operating Plan and rate changes; and WHEREAS, the City Council of the City of Georgetown is of the opinion that the proposed rate changes should be approved and adopted beginning with the ensuing fiscal year; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements Finance Policy 1 of the Century Plan - Policy Plan Element, which states: "the City will conduct all municipal operations in an efficient business like manner", and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. Section 13.04.180, relating to Solid Waste Disposal Rates, of the Code of Ordinances of the City of Georgetown is hereby amended as shown on the attached Exhibit A. 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 Amending § 13.04.180 Ordinance No. Pagel of 2 to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 12th day of September, 1995. PASSED AND APPROVED on Second Reading on the 26th day of September, 1995. ATTEST: TEE CITY OF GEORGETOWN: Sandra D. Lee By: LEO WOOD City Secretary Mayor APPROVED AS TO FORM: Marianne Landers Banks City Attorney Amending § 13.04.180 Ordinance No. Page 2 of 2 Exhibit A (With Longhorn Increase) 13.04.180 Rates and charges - Solid Waste disposal - Schedule. A. Rates and charges for solid waste disposal are as follows: Residential' Frequency/Week Monthly Charge Inside City Limits, with recycling3 2 Outside City Limits -- no contractor supplied container 1 Outside City Limits -- Wheeled container supplied by contractor 1 Commercial -- 4 containers or bags per pick up 2 30 t Commercial -- 4 containers or bags per pick up 3 597 Commercial -- 4 containers or bags per pick up 4 9105 Commercial -- 4 containers or bags per pick up 5 �121 ''15 Per each additional cubic yard per month 335 Churches 1 2280 Schools 5 17610 One-time Charge Waste from clean-ups/building operations/brush and clean lumber waste -- maximum 4 yards $1430 Per each additional cubic yard 345 Special Pick up -- Bulky waste (per item) 11.65 Bulk waste -- stoves, refrigerators, water tanks, washing machines, furniture, and other than construction debris, dead animals, hazardous waste or stable matter with weights or volumes greater than those allowed for bins or containers, as the case may be Clean-up collection and disposal of solid waste for special occasions such as annual festivals, per hour per vehicle 9'125 Commercial Service Including Bin Rental Monthly Charge 2 cubic yards 1 time per week $2970 2 cubic yards 2 times per week 5375 3 cubic yards 1 time per week 41;62 3 cubic yards 2 times per week 812 4 cubic yards 1 time per week 5140 4 cubic yards 2 times per week 8915 4 cubic yards 3 times per week 13135 4 cubic yards 4 times per week 17120 4 cubic yards 5 times per week 210'95 6 cubic yards 1 time per week 64`00 6 cubic yards 2 times per week 115'44 6 cubic yards 3 times per week 172050 Solid Waste Disposal Rate Schedule — Exhibit "A" Page 1 of 3 / September, 1995 6 cubic yards 4 times per week 6 cubic yards 5 times per week 8 cubic yards 1 time per week 8 cubic yards 2 times per week 8 cubic yards 3 times per week 8 cubic yards 4 times per week 8 cubic yards 5 times per week 8 cubic yards 6 times per week 10 cubic yards 1 time per week 10 cubic yards 2 times per week 10 cubic yards 3 times per week 10 cubic yards 4 times per week 10 cubic yards 5 times per week 10 cubic yards 6 times per week Public Disposal Fee City Customer with picture ID and current sanitation bill with same name: First 3 cubic yards Next 3 cubic yards Maximum 6 cubic yards per month but no more than 3 deliveries per month Non -customer or non -sanitation customer: Cost per cubic yard Maximum 6 cubic yards per month but no more than 3 deliveries per month Roll -off Service Hauling Chame(F) 20 cubic yards 79.00 30 cubic yards 83.00 40 cubic yards 87.00 Delivery Charge - One time 22485' 2.79,35 76"��55 134 95 194.34 246.94 293:8Q 336.15 $9, 4 et '163 45 230 90: 293 80 349 8Q 4Q0,15 6- No Charge 8.00 per cubic yard M Disposal Charae(G) G G G 65.00 Daily Bin Renta12 20 cubic yards 30 cubic yards 40 cubic yards Daily rental starts the day after delivery and lasts until final pick up of bin. minimum of two bin pulls per month, there will be no daily rental charges. 2.50 3.00 4.00 However, with a Solid Waste Disposal Rate Schedule — Exhibit "A" Page 2 of 3 / September, 1995 B. C. D. E. F. Front Load Compactor2 Per cubic yard capacity per scheduled pick up Compactor rental Roll -off Compactor2 30 cubic yards 40 cubic yards 42 cubic yards Monthly rental Hauling Charge(F) 115.00 139.00 147.00 6.00 Negotiated per customer Disposal Charge (G) G G G Negotiated per customer If service is rendered during any portion of any month the customer will be required to pay a prorated fee for service. Except as provided in this section, all owners, occupants, tenants and lessees using or occupying any building, house or structure within the corporate limits of the City shall be required to use exclusively the City's waste disposal services. The City Manager shall establish the hours and days of collection and a complaint procedure. The contractor will guarantee, on a fiscal year basis, a fixed rate on the City's roll -off service from the Collection Station and other City projects. Hauling Charge: This rate will remain fixed until/unless a request for an increase to this charge is approved by the City Council. G. Disposal Charge: This charge will be based on the current "Gate Rate" at the Williamson County Landfill. It will equal the Gate Rate times the size of the Roll -off container. The Georgetown City Council will be given a 30-day written notice prior to Williamson County Landfill raising their rates. The Gate Rates at Williamson County Landfill as of August 29, 1995, are: Loose Compacted Per Cubic Yard 5.05 5.20 H. Community recycling services to local business/schools are billed directly by contractor. The City receives 2% of franchise fee. 'Limited to 10 bags, containers or bundles as defined in §13.08.020 of Georgetown Code of Ordinances. 2Service billed directly by City's disposal contractor. City receives 2% franchise fee. 3Recycling is not optional; availability to City customers determined by City Council action. Solid Waste Disposal Rate Schedule -- Exhibit "A" Page 3 of 3 / September, 1995 Council Meeting Date: September 26,_1995 Item No. AGENDA ITEM COVER SHEET SUBJECT Ordinance establishing water and sewer rates for customers in the Berry Creek service area for billing periods after September 30, 1995. Second Reading. ITEM SUMMARY The current rate schedule provides for Berry Creek customer rates to increase to existing city-wide rates beginning October 1, 1995. This ordinance was passed and approved by Council in March/April 1995. However, in order to satisfy Texas Natural Resource Conservation Commission rules, it must be publicly considered again. SPECIAL CONSIDERATIONS This ordinance has been published and filed as required by City Charter; therefore, reading of the caption only will be done at this meeting. FINANCIAL IMPACT none COMMENTS The Texas Water Code allows the Berry Creek customers outside the City limits to appeal the rate change. ATTACHMENTS Proposed ordinance Submitted By: fyI' `'an Susan L. Morgan, Director of Finance and Administration ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING SECTION 13.04.120 ENTITLED "RATES AND CHARGES -- WATER --SCHEDULE" AND SECTION 13.04.140 ENTITLED "RATES AND CHARGES--SEWERS--SCHEDULE" OF THE CODE OF ORDINANCES OF THE CITY OF GEORGETOWN TEXAS; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, The City of Georgetown is negotiating the purchase of the Berry Creek Utility Company (BCUC) assets, customers and service area; WHEREAS, The BCUC water and wastewater utility rates are currently different from the City's existing rate structure; WHEREAS, The City of Georgetown will require several months to complete improvements and begin linking the BCUC system to the City system; WHEREAS, The terms of the agreement between BCUC and the City will not be fully completed until September 30, 1995; WHEREAS, The City Council of the City of Georgetown wishes to maintain the BCUC customers acquired by the City to remain on BCUC rates until September 30, 1995 and convert to City rates at that time; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements Finance Policy 1 of the Century Plan - Policy Plan Element, which states: "The City will conduct all municipal operations in an efficient business -like manner", and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. Section 13.04.120 "Rates and Charges--Water--Schedule" of the Code of Ordinances of the City of Georgetown, Texas is hereby amended to read as follows: " E. Former Berry Creek Utility Company Customers and new customers within that service area 1. Customer Charge and first 2,000 gallons, per month: $12.50 2. Cost per 1,000 gallons: a. Over 2,000 gallons and up to and including 10,000 gallons: $1 80 b. Over 10,000 gallons: $2.00 F. For billings after September 30, 1995, former Beny Creek Utility Customers and customers within that service area will pay rates and charges for water services as prescribed in Berry Creek Rate Ordinance No. Page 1 of 2 Paragraphs A through D of this section." SECTION 3. Section 13.04.140 "Rates and Charges--Sewers--Schedule" of the Code of Ordinances of the City of Georgetown, Texas is hereby amended to read as follows: " F. Former Berry Creek Utility Company Customers and new customers within that service area. 1. Customer Charge, per month: $25.00 2. Cost per 1,000 gallons: no charge G. For billings after September 30, 1995, former Berry Creek Utility Customers and customers within that service area will pay rates and charges for water services as prescribed in Paragraphs A through E of this section." SECTION 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 5. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the day of , 1995. PASSED AND APPROVED on Second Reading on the day of , 1995. ATTEST: THE CITY OF GEORGETOWN: Sandra D. Lee By City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Berry Creek Rate Ordinance No. Page 2 of 2 LEO WOOD Mayor Council Meeting Date: 09/26/95 Item No.-. AGENDA ITEM COVER SHEET SUBJECT Second Reading of an ordinance amending the fuel flowage fee rates charged at the Georgetown Municipal Airport. ITEM SUMMARY The fuel flowage fee ordinance was last amended on August 22, 1983. The rate was increased from $0.02 to $0.06 per gallon. Because of the ever-increasing cost to maintain the Airport, staff is recommending the fee be increased to $0.10 cents per gallon, effective October 1, 1995. SPECIAL CONSIDERATIONS The fuel flowage fee increase will affect only Gantt Aviation and Georgetown Jet Center. FINANCIAL IMPACT Based upon the number of gallons purchased by Gantt Aviation and Georgetown Jet Center in the past, this rate change will increase Airport revenues approximately $3,300.00 per year. The cost to Gantt Aviation and Georgetown Jet Center is approximately $1,650.00 each per year. COMMENTS None ATTACHMENTS 1. Ordinance Travis McLain, Airport Manager Hartley Sappington, Director of Community Services ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AMENDING SECTION 12.32.280A PROVIDING FOR "AIRCRAFT FUELING —FLOWAGE FEES"; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, lease contracts between the City and Fixed Base Operators (lessees) at the Georgetown Municipal Airport provide that the Lessor (City) shall have the right to impose non- discriminatory rules, regulations, and standards as a condition of conducting an aeronautical activity on the Airport; and, WHEREAS,the charging of a fuel flowage fee has been established as a fair and equitable way of raising revenues to offset expenses of operating a public Airport; and, WHEREAS,the fuel flowage fee at the Georgetown Municipal Airport has not been increased since August 22, 1983; and, WHEREAS,operating costs at the Georgetown Municipal Airport have increased over the past twelve years. 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 finds that this ordinance implements Facilities and Services Policy #1 of the Century Plan -Policy Plan Element, which states, "The City enjoys a high quality of life with excellent facilities and services and the provision of new services which meet the needs of the community," and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. Ordinance No. Amendment to 12.32.280 Aircraft fueling —Flowage fees. Page 1 of 2 SECTION 2. Section 12.32.280A of the Code of Ordinances of the City of Georgetown, Texas is hereby amended to read as follows: 12.32.280 Aircraft fueling —Flowage fees. A. The fuel flowage fees to be paid by lessees to the City of Georgetown on fuel delivered to lessees at the Georgetown Municipal Airport shall be six tern cents per gallon. 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 provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in ten (10) days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 12th day of September, 1995. PASSED AND APPROVED on Second Reading on the 26th day of September, 1995. ATTEST: Sandra Lee, City Secretary APPROVED AS TO FORM: Marianne Landers Banks, City Attorney Ordinance No. Amendment to 12.32.280 Aircraft fueling —Flowage fees. Page 2 of 2 THE CITY OF GEORGETOWN: Leo Wood, Mayor Council meeting date: 9-26-95 Item No. AGENDA ITEM COVER SHEET SUBJECT Consideration of scheduling a special Council Meeting for the week of October 16 and setting an earlier start time for the regular Council Meeting on October 24 ITEM SLTNEVLkRY Triple S Plastics is proceeding with their plans to finance the expansion of their plastic injection molding operation into the Advanced Custom Molders building on Westinghouse Road through the issuance of industrial revenue bonds. In order to maintain their schedule, it is necessary that you have a special meeting the week of October 16. This need for the special meeting coincides with our need to lighten the agenda for October 24 to allow councilmembers to leave following the meeting to attend the TML Conference in Dallas. Therefore, I would request the adjustment of the October meeting schedule in order to call a special meeting for October 17 and include not only the Triple S industrial revenue bonds related action, but also include other agenda items so that the meeting will become a regular -type of meeting. The October 24 agenda would then begin with the regular meeting portion at approximately 5:30 p.m. to 6:00 p.m. and conclude with a 7:00 p.m. public hearing concerning impact fees. At the completion of the public hearing, the meeting would be adjourned, thereby allowing councilmembers to leave for Dallas. ATTACHMENTS None Submitted byi / ) / �Y Bob Hart, City Manager Council Meeting Date: September 26, 1995 Item No. At AGENDA ITEM COVER SHEET SUBJECT Consider award of the annual bid for gasoline and diesel fuel to Triple S Petroleum in the estimated annual amount of $79,000.00 for unleaded gasoline and $19,000.00 for diesel fuel. ITEM SUMMARY Bids were received for the purchase of gasoline and diesel fuel for a one year period, with an option to renew at the end of the term for an additional one year period if mutually agreed upon by all parties. The staff is recommending that this bid be awarded to the overall low bidder, Triple S Petroleum of Austin. This bid was written, solicited, and evaluated through a cooperative effort of Williamson County, Georgetown ISD, the City of Round Rock, Round Rock ISD, and the City of Georgetown. Each entity provided input for the specifications which would address their unique situations. The City of Georgetown Purchasing Department staff then took the information and incorporated it into a comprehensive specification that met all of the participating entities requirements. After bids were received representatives from each entity met to discuss the criteria to be used for recommending an award. As a result of this meeting it is recommended the fuel bid be awarded to Triple S Petroleum as the overall low bidder. Each entity will be responsible for the purchase of their fuel from Triple S as well as the resolution of any disputes. Additionally there is a clause that allows any other entity wishing to participate in this bid the right to do so after their governing body approves a cooperative purchase agreement. SPECIAL CONSIDERATIONS To my knowledge this is the first time that these governmental entities have participated together in a cooperative purchase. We are currently in the process of forming a County wide cooperative purchasing group that will explore future cooperative ventures with all governmental entities in Williamson County, not only to obtain more favorable pricing but also to reduce the associated staff and bid advertising costs. FINANCIAL IMPACT (cost of item, fund- and division name, budgeted amt.) Total estimated amount of this bid is $98,000.00. Funds were budgeted for this expenditure in each department's fuel and oil account. COMMENTS (from City Attorney, staff, boards and commissions) none ATTACHMENTS (list individually) 1. bid tabulation ouominea by: Terry Jones, Purchasing Director Susan Morgan, Director of Finance & Administration UNLEADED GASOLINE AND DIESEL FUEL BIDS TAC SUNCOAST ONYX TRIPLE S* TRANSPORT 1. UN REG. .0042 .0009 .0094 .0000 2. DIESEL .0067 .0065 .0214 .01 2A. ADD. TERM N/A .0050 N/B .028 26. ADD JOBBER .0135 .0050 N/B .028 3. UN MID. .0037 -.0051 -.0006 .0000 4. UN PRE. .0000 -.0101 -.0031 .0000 LESS THAN TRANSPORT 5 UN REG. .0325 .0390 .0684 .01 6 DIESEL .0325 .0390 .0899 .02 6A. ADD. TERM. N/A .0050 N/B .028 6B. ADD JOBBER .0135 .0050 N/B .028 7. UN MID. .03 .0390 .0584 .01 8 UN PRE. .015 .0390 .0559 .01 BOBTAIL 9. UN REG. .0515 .0590 N/B .02 10. DIESEL .0515 .0590 N/B .03 1 A.! ADD. TERM. N/A .0050 N/B .028 1313. JADD JOBBER .0135 .0050 N/B .028 11. ! UN MID. .0515 .0590 N/B .02 12. 1 UN PRE. I .0515 .0590 N/B .02 * LOW BIDDER NOTE: THE PRICES SHOWN ARE THE AMOUNTS OVER OR UNDER THE OPTS AVERAGE THAT WE WILL BE CHARGED FOR FUEL. THE OPTS AVERAGE IS AN AVERAGE OF ALL TERMINAL AND REFINERS IN THE AUSTIN AREA. FUELBID.WK409/18/95 Council Meeting Date: September 26, 1995 Item No. t) AGENDA ITEM COVER SHEET SUBJECT Consider award of annual bid for emulsion to Koch Materials in the estimated amount of $18, 562.00. ITEM SUMMARY Bids were received for the purchase of emulsion for a one year period. This product, which is liquid tar, is used in the maintenance and construction of streets. The staff is recommending award of this bid to the low bidder, Koch Materials of Austin. SPECIAL CONSIDERATIONS none FINANCIAL IMPACT (cost of item, fund and division name, budgeted amt.) Total estimated amount of this bid is $18,562.00. $901000.00 was budgeted in account 100- 134-5205-00 Street Maintenance for which this amount is included. COMMENTS (from City Attorney, staff, boards and commissions) none ATTACHMENTS (list individually) 1. bid tabulation -�iwmittea t3y: Terry Jones, Purchasing Director im Briggs, Director of Community Owned Utilities EMULSION - BID NO. 95032 BID TAB SHEET ITEM_# DESCRIPTION 1 EMULSION HFRS 2P PRICE PER GALLON TOTAL FOR 207 000 GALLONS *Low Bid No Bid: Asphalt, Inc. Pioneer Asphalt Wheeler Coating KOCH BRIDGES 0.9281 1.05 $18, 562.00 * $21, 000. 00 Council Meeting Date: September 26, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT Consider award of bid for digital recorder to Commercial Electronics Corporation in the amount of $43,544.00. ITEM SUMMARY Bids were received to furnish and install a 48 channel digital recorder in the Police Department to replace the existing recorder which is failing. The staff recommendation is to award this bid to the low bidder, Commercial Electronics Corporation. This digital recorder is required by the FCC to record radio, telephone, and 911 traffic. This particular type of technology is currently in use at over 6000 locations throughout the United States. The unit we are requesting purchase of is the newest model on the market. Jeff Clausius, Information Systems Director has reviewed the bids and specifications and recommended the purchase of this equipment. SPECIAL CONSIDERATIONS none FINANCIAL IMPACT (cost of item, fund and division name, budgeted amt.) Total amount of this bid is $43,544.00. This is not a budgeted expenditure however, the equipment is failing and needs to be replaced. Funds are available for this expenditure in account 100-865-5601-00 Police Services, Information Management, Furniture & Equipment. COMMENTS (from City Attorney, staff, boards and commissions) none ATTACHMENTS (list individually) 1. bid tabulation Submitted By: Terry Jones, Purchasing Director Larry Hesser, Director of Police Services DIGITAL RECORDER BID TABULATION a 1 nn=r) Commercial Electronics Corp. Dictaphone Communication Systems, Inc. Creative Switching Designs $43,544.00 $47,000.00 $52,415.00 $56,855.00 Council meeting date: 9/22 /95 Item No. AGENDA ITEM COVER SHEET SUBJECT Award bid for all lines of property and casualty insurance for FY'96 in the estimated amount of $2527440 ITEM SUMMARY With the assistance of an insurance consultant, City staff prepared bid proposals on all lines of property/casualty insurance, received bids from eight brokers/agents, and evaluated each proposal submitted. We now request permission to bind coverage based on the attached Recommendations for FY'96 Insurance. Bidders included two local agents (Dady Ins. and Evans, Ewan & Brady), two area agents from Temple and Austin, two national brokerages (Sedgwick James and Arthur Gallagher), and the Texas Municipal League Intergovernmental Risk Pool, known as TML-IRP. Bid responses this year were extremely favorable, allowing the City to pay less money for more and better insurance. The most significant improvements overall include: • doubling limits of liability coverages from $1 milion to $2 million • reducing the deductible on workers compensation from $5,000 to $0 • increasing airport hangarkeeper's liability from $50,000 to $1 million • broadening the employment related practices liability coverage • improving coverage and reducing deductible by $5,000 for Public Officials Liability • reducing the deductible for mobile equipment from $10,000 to $250 • eliminating coverage disputes by consolidating certain lines of coverage Even with all the increases in limits and reduced deductibles, our total estimated cost ($252,528) is still lower than what we are paying this year ($253,690). We are now very well positioned for the additional growth we are experiencing. SPECIAL CONSIDERATIONS As stated in the bid specifications, we will now be on a three-year bid cycle: insurance policies will be bound for FY'96, with the option of renewals for FY'97 and FY'98. The three- year cycle enables us to receive better quotes from more insurers and maintain more continuity in coverage. FINANCIAL IMPACT See attachment for specific cost of each line. Monies were budgeted in various funds to cover these expenses. ATTACHMENTS 1. Recommendations for FY'96 Insurance 2. Summary of proposals received 3. Memo of 9/20/95 from E. Gray to B. Hart 4. FY `95 Insurance Register (for comparison) Submitted By: ce�� Elizabeth Gray, Dire or of Information Resources RECOMMENDATIONS FOR FY'96 INSURANCE COVERAGE Texas Municipal League --Intergovernmental Risk Pool Carrier Coverage Limit Deductible Premium TML-IRP Gen. Liability $2,000,000 OCC $5,000 $46,792 TML-IRP Law Enforcement Liability $4,000,000 AGG $5,000 24,095 TML-IRP Auto Liability $2,000,000 OCC $1,000 $31,607 TML-IRP Auto Physical Damage ACV $1,000 $13,239 (85 VEHICLES) TML-IRP Airport Liability $1,000,000 NONE $6,690 TML-IRP Hangarkeepers $1,000,000 $2,500 INCL TML-IRP Workers Comp STATUTORY NONE $77,200 Hartford Casualty Employee Dishonesty $100,000 $2,500 $497 TML-IRP Real & Personal Property $36,010,418 $10,000 $29,465 TML-IRP Mobile Equipment INCL $250 $2,572 Arthur J. Gallagher & Company Carrier Coverage Limit Deductible Premium National Public $2,000,000 $10,000 $18,795 Union Fire Officials/Employment Practices Liability Dady Insurance Carrier Coverage Limit Deductible Premium Hartford Steam Boiler Co. Boiler & Machinery $1,500,000 $1,000 $1,488 * indicates a change in insurance provider from FY'95 (i.e. a new policy and a new agent) CITY OF GEORGETOWN INSURANCE PROPOSALS 1995/96 Covera p 1994/95 Ag-eoV rokgr 1994195 Insure 1994/95 D duc ib Q --- 1994/9 Premium 1 5/96 Bid n�, DEvans- 1995/96 Bid �4 L9� / Bi v n Ewan & BrOy 1995/96 Bid S09wic jams 1995/96 Bid1995196 Bid Leibowitz Hend 1995/96 Bid 1995196 Bid Gallagher & Co -- - n Ins.. M R P No Bid No Bid S2,454 5454 (deduorble ). No Bid 54,241 (Hartford) No Bid 276,988 (United Nat); 25,000 deductible on all coverage per occurrence Included Above General Liability Auto Liability TML TML TML TML 10,000 per occurrence 1,000 per occurrence 41,930 24,582 65,685 (Titan Ind) 45,244 (Titan Ind) 38,917' 25,898" No Bid No Bid No Bid No Bid Auto Physical Damage TML TML 1,000 per vehicle; 10,000 per occurrence 12,886 10,254 (Titan Ind) 13,700' No Bid No Bid No Bid 16,544 (Hartford) No Bid Included Above; 1,000 deductible Law Enforcement Evans, Ewan 8 Brady National Casualty 10,000 per occurrence 21,750 26,318 (Titan Ind) 20,084 27,026 (Nall Casualty) No Bid No Bid 30,782 (Hartford N.) No Bid Included Above; 25,000 deductible Public Officials Evans, Ewan &Brady National Casualty 15,000 per occurrence 19,813 25,000 (Titan Ind); 10,000 deductible 27,077 24,118 (Nall Casualty) No Bid No Bid No Bid No Bid National Union Fire $18,795 Liability Falcon Signal Av. 0 2,658 3,000 (Nat Union FirAirport deduct b e0 6,490 No Bid No Bid 2,656 (Signal Av) No Bid No Bid 5,500 (Old Republic) Real/Personal Property TML MIL EDP included ( 10,000 Per occurrence; 25,000 flood 25,612 55,642 (Titan Ind); Flood not covered 28,376 No Bid No Bid No Bid 34,647 (Hartford) No Bid Included Above; 10,0ud deductible Mobile Equipment TML TML 10,000 per occurrence 1,080 No Bid 1,342 No Bid No Bid No Bid No Bid No Bid ? 3oiler/Mach Dady Hartford 1,000 per occurrence 676 1,488 Lib (Hartford Steam) 862 Lib; 8,987 All Loc. No Bid No Bid No Bid 7,284 (Hartford); 750 deductible; 5,000,000 maximum No Bid 700 Lib; 2,981 All Loc; 1,000 deductible Vorkers Comp. 'ubiic Employ Bond TML Johnson 8 Hi gins (AMGRIP� TML Crum &Forster 5,000 2,500 102,000 est. 961 No Bid 20 (National Union 67,962 Estimate 497 (Hartford) No Bid No Bid 123,633 (Industrial Ind.) No Bid No Bid No Bid 110,023 (Hartford) No Bid No Bid 961 AMGRIP Included Above; 50,000 deductible No Bid DP N/A N/A ncluded in Pro ert P YIncluded in Property No Bid No Bid No Bid 881 deductible 250 No Bid Included Above; 10,000 deductible mployee Practices N/A N/A Included in E80 Not Quoted; Included in Public Off. No Bid No Bid No Bid No Bid No Bid Included Above; 25,000 deductible mbrella N/A N/A 17,628 (Titan Ind); No SIR Not Quoted -- see note under GL No Bid No Bid 16,647 No Bid (Hartford); No SIR No Bid 45,800 (4mil. excess) PA N/A N/A No Bid Total: No Bid $253,690 No Bid Tnf�l- No Bid 27Gn A- No Bid No Bid No Bid 20,775 (Gallagher Bassett Services Recommended bidder in bold MEMO To: Bob Hart, City %Manager From: Elizabeth GQE!5uector of Information Resources Subject: Recommendations for FY'96 Insurance Coverage Date: September 20, 1995 We have now completed our analysis of property/casualty insurance proposals for FY'96. Although most lines will remain with the current agent and insurer, I do recommend that insurance carriers be changed in a couple cases, for reasons of cost, policy coverage, and service. The lines that I recommend changing are listed below: FROM TO (FY'95) (FY196) Type of Agent Insurer Agent Insurer Insurance Law Evans Ewan & National Texas Municipal TML-IRP Enforcement Brady Casualty League Liability (TML-IRP) Airport Liability & Falcon Ins. (in Signal Aviation TML-IRP TML-IRP Hangarkeepers Austin) Inc. Public Officials Evans Ewan & National Arthur J. National Union Liability Brady Casualty Gallagher & Fire Company As you can see from the above chart, on two of these lines of insurance, my recommendations will unfortunately have the effect of transferring business from a local agent to non -local agents. Although we would like to "buy local" whenever possible, the recommended companies submitted proposals for better insurance (higher limits, lower deductibles, and better coverage) at a cheaper price than what the current insurers proposed. In addition, you know that Marianne has had tremendous problems with National Casualty regarding their unsatisfactory selection of legal counsel and poor litigation management. After making independent inquiries, she is satisfied that the TML and National Union coverages being recommended will be an improvement over the current national Casualty policies. I can provide further information on this issue if you wish. cc. Marianne Banks, City Attorney FY'95 INSURANCE REGISTER CITY OF GEORGETOWN Revised 5/1/95 COVERAGE AGENT/ BROKER INSURER LIMIT DEDUCTIBLE COMMENTS PREMIUM ANNIV DATE POLIC' NO. General Liability TML TML $1,000,000 per occurrence $2,000,000 annual aggregate $10,000 each occurrence $41,930 10/1/95 2903 -93 Auto Liability TML TML $1,000,000 each $1,000 each $24,582 10/1/95 2903 occurrence $25,000 auto medical occurrence 93 Auto Physical Damage TML TML $1,071,433 $1,000 per vehicle $10,000 per new vehicles automatic coverage ACV (Actual Cash Value) $12,886 10/1/95 2903 -93 occurrence Law Enforcement Evans Ewan & Brady/ GoPro National Casualty $1,000,000 CSL $10,000 occurrence basis $21,750 (incl. $150 commission) 10/1/95 PL -4407 41 Public Officials Evans Ewan & Brady/ National Casualty $1,000,000 CSL $15,000 claims made basis $19,813 (incl. $200 commission) 10/1/95 PO-42 1156 GoPro Airport Liability Falcon Signal Av. $1,000,000 per occurrence $1,000,000 annual aggregate $0 $2,656 1011/95 GLO 50782 $50,000 one or all aircraft Real/Personal Property TML TML $28,034,608 $10,000 flood $25,000 all risk edp included under bldg. contents $25,612 10/1/95 2903 -93 replacement cost Mobile Equipment TML TML $508,356 $10,000 $1,080 10/1/95 2903-9 Boiler & Machinery Dady Ins. Agency Hartford $1,500,000 $1,000 property $420 pro rata full yr renewal was $676 2/15/95 SBD-HI 73351� Workers Compensation TML TML per TWCC $5,000 employees, VFD, volunteers, elected $102,000 est. 10/1/95 2903 officials $101,120 FY'94 audited -93 $105,126 FY'93 audited $122,939 FY'92 audited Public Employee Dishonesty Bond Johnson & Higgins Crum and Forster $100,000 $2,500 $961 10/1/95 626-01 (Amgrip) TOTAL $253,690 Council Meeting Date: September 26, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT: Council approval of Amendment #3 to the contract between OMI and the City of Georgetown, in the amount of $825,345.00. ITEM SUMMARY: - In our efforts to continue to provide an excellent and adequate water supply to the customers of the Georgetown water service area, it is necessary to evaluate our system and procedures annually and update accordingly. OMI has been our water treatment provider since October, 1993. During this time, OMI has proven themselves to be competent and have provided the necessary services as requested. According to the contract between the City and OMI, the contract will be renegotiated each year of the five year contract period. Costs to maintain the water treatment system will be $825,345.00 for fiscal year 1995/1996. Therefore, staff recommends Council approval of Amendment #3 to the contract between OMI and the City in the amount of $825,345.00. SPECIAL CONSIDERATIONS: NONE FINANCIAL IMPACT: Funds in the amount of $825,345.00 are to be paid as follows: 52% to be paid from Account # 660-109-5302-00 $429,179.00 48% to be paid from Account # 650-109-5302-00 $396,166.00 COMMENTS: NONE ATTACHMENTS: 1. Amendment #3 from OMI 5unmitted By: Jim Briggs, Director Community Owned Utilities AMENDMENT NO. 3 'TO THE AGREEMENT FOR OPERATIONS, MAINTENANCE, AND MANAGEMENT SERVICES FOR THE CITY OF GEORGETOWN, TEXAS THIS AGREEMENT, entered into this day of , 1994, by and between the City of Georgetown, Texas (hereinafter "Owner"), whose address for any formal notice is 609 Main Street, Georgetown, Texas 78626 and Operations Management International, Inc., (hereinafter "OMI") with offices at 5299 DTC Boulevard, Suite 1200, Englewood, Colorado 80111-3333. NOW THEREFORE, Owner and OMI agree to amend the Agreement per Article 1.6 as follows: 1. Article 2.4 is deleted in its entirety and replaced with the following Article 2.4. 2.4 Provide and document all Repairs for the Project, provided the total amount OMI shall be required to pay does not exceed Fifty Thousand Two Hundred Ninety -Nine Dollars ($50,299.00) for the third year of this Agreement. Owner shall pay for all Repairs in excess of the Repairs limit. 2. Article 4.1 is deleted in its entirety and replaced with the following Article 4.1. 4.1 Owner shall pay to OMI as compensation for services performed under this Agreement a base fee of Eight Hundred Twenty -Five Thousand Three Hundred Forty -Five Dollars ($825,345.00) for the third year of this Agreement. Subsequent years' base fees shall be determined as hereinafter specified. The base fee for the third year of the agreement includes the sum of Sixteen Thousand Dollars ($16,000.00) as specified in Article 4.5 of Amendment No. 1 to this Agreement. 5. Article 5.1 of is deleted in its entirety and replaced with the following Article 5.1 5.1 One "I'welfth (1/12) of the base fee for the current year shall be due and payable on the first of the month for each month that services are provided. Capital Improvements in Appendix G will be invoiced upon completion and payable within Fifteen (15) days. AAGROA[vIMMM I r Both parties indicate their approval of this Amendment to the Agreement by their signatures below, as of the date shown above. Authorized signature: Don S. Evans Title: President OPERATIONS MANAGEMENT INTERNATIONAL, INC. Date: Authorized signature: Name: Title: CITY OI; GEORGETOWN, TEXAS Date: AAG130AMD3.WPU Council Meeting Date: September 26, 1995 Item No. -<1 AGENDA ITEM COVER SHEET SUBJECT Consider declaring surplus equipment and authorizing staff to negotiate a contract for auctioneer services. ITEM SUMMARY The attached list of surplus property has been deemed of no further use by the City departments. The staff recommendation is to declare this list of equipment surplus and authorize the staff to negotiate a contract with an auctioneer for the purpose of auctioning off the surplus. The City of Georgetown Code of Ordinances states, under 4.28 Disposition of Excess Property, that the City Council may declare any City property to be excess, as recommended by the City Manager. The ordinance states that the City Council shall determine the method of disposal of any surplus property. A widely accepted method for disposal of surplus property is by public auction. The vast majority of public and private entities utilize auctions for surplus property disposal. SPECIAL CONSIDERATIONS none FINANCIAL IMPACT (cost of item, fund and division name, budgeted amt.) Previous years auctions have netted the City $8,100.00 in 1994 and $16,200.00 in 1993. The staff anticipates revenues from this auction at about $5,000.00. Auctioneer fees usually are approximately ten percent of gross sales. COMMENTS (from City Attorney, staff, boards and commissions) none ATTACHMENTS (list individually) 1. surplus equipment list Juomittea by: Terry Jones, Purchasing Director Susan Morgan, Director of Finance & Administration SURPLUS AUCTION IXED ASSET t IS ASSET DESCRIPTION QTY 10143 3180 Terminal w/ ke board 1 742 10132 3180 Terminal w/ke board 1 426 10156 13180 Terminal w/ke board 100-402 1 634 10116 3180 Terminal w/ keyboard 100-402 1 10139 3180 Terminal w/ke board 1 3180 Terminal w/ keyboard 1 10131 3180 Terminal w/ke board 1 996 10144 3197 IBM Terminal w/ keyboard 540-427 1 1001 10145 3197 IBM Terminal w/ keyboard 540-427 1 997 10146 13197 IBM Terminal w/ keyboard 540-427 1 10070 5291 Terminal w/ monitor 1 755 10136 5224 Printer w/ stand 1 669 10115 15224 Printer w/ stand 1 667 4224 Printer 540-427 1 IBM 5294 Control Unit 1 IBM 5250 Emulation Kit 1 AST 5251 1 PAGE 2 IXED ASSET IS ASSET DESCRIPTION QTY 714 10093 IBM Pro Printer XL 100-550 1 IBM Pro Printer 3 XL 1 792 IBM Pro Printer XL 540-102 1 882 Epson FX,286E 201-206 1 989 E son FX 286E 1 573 10191 ;Epson LQ 1000 1 693 11011 E son FX 286 1 10150 Epson LQ510 1 968 10091 Epson LQ1000 540-102 1 10110 Epson FX1050 1 687 E son FX 286 wl manual 100-340 1 10087 Panasonic KXP2624 1 Panasonic KXP2124 1 Panasonic Quiet KXP 2624 1 10076 Panasonic KXP 1180i 1 695 10165 Brothers HR25 100-340 1 834 HP Plotter 7475A 1 Telecom Fax Machine AA200 1 PAGE 3 IXED ASSET IS ASSET # DESCRIPTION QTY IBM CGA Monitor Packard Bell Monochrome Monitor 1 Packard Bell Monochrome Monitor 1 Packard Bell Monochrome Monitor 1 Packard Bell Monochrome Monitor 1 Packard Bell Monochrome Monitor 1 Packard Bell Monochrome Monitor 1 Com uAdd Monochrome Monitor 1 Com uAdd Monochrome Monitor 1 Com uAdd CGA Monitor 1 Princeton HX12E Monitor 1 Princeton HX12E Monitor 1 Princeton Monochrome Monitor 1 1094 Hyundai VGA Color Monitor 100-402 1 Evervision VGA Color Monitor 1 Ma itronic Monochrome Monitor 1 Leading Ed e Monochrome Monitor 1 JSamsung Monochrome Monitor 1 Sarnsung Monochrome Monitor 1 Samsung Monochrome Monitor 1 Samsun2 Monochrome Monitor 1 S sd ne Monochrome Monitor 1 S sd ne Monochrome Monitor 1 IXED ASSET 4 ISASSET# DESCRIPTION QTY 821 PC Ltd, Smart UV 100-340 1 823 10196 PC Ltd. Turbo 540-426 1 641 10092 PC Ltd. XT 540-427 1 AMM 1 870 AMM 100-861 1 881 AMM 201-206 1 552 IBM XT 1 831 IBM XT 100-340 1 638 IBM XT 540-102 1 550 IBM XT 540-102 518 IBM XT 540-102 1 817 10194 IBM XT 100-202 1 672 10164 JIBM XT 100-340 1 760 10015 JIBM PC 1 1101 10049 IBM Model 25 w/ monitor & keyboard 222-861 1 1046 10129 Club 100-602 1 1182 10133 Club AT 1 1174 10020 Club AT 1 1095 Club AT 540-426 1 1312 10089 Com uAdd 386 SX 100-550 1 979 Com uAdd 286 1 10077 Victor R300 SX missin arts 1 1307 10148 Com unet 386 SX 16 MZ 100-402 1 637 10010 L:eadin Ede 100-606 1 61 Compaq Portable 540-102 1 1120 10161 HP Vectra 386/25 w/keyboard no video no monitor 221-34 1 IXED ASSET t IS ASSET # DESCRIPTION QTY 1215 Ma nas nc Acitivity Monitor 1 1082 Emerson UPS 800 100-861 1 1087 lEmerson,UPS 100-861 1 Best UPS Micro Ferru s 251 JIBIVI Selectric III Typewriter 100-861 1 246 1IBM Selectric III Typewriter 100-861 1 393 1IBM Selectric II Typewriter 100-202 1 Smith -Corona Ultrasonic III 1 1161/122 Everex tape back up with 17 cards 540-426 1 286 Motherboard 1 Printer stands 3 Calculator 1 Smart Start Speller 1 Twin X IBM Cable Teach & Tell Texas Instruments 1 Electric Eraser 1 Recorder - Panasonic 1 Omni Power 1 AB Switch Box 1 Glare Screen 1 Bell & Howell Film Strip Projector 1 Box of film strie 1 12 v. char er 1 Misc. circuit boards box 1 Emerson Turn Table 1 Twin X Data Switch Box 1 Su ersco e Recorder 1 Sin er Insta-Load 35 1 Turn table unknown brand 1 Library Racks box 1 Misc. Parts box : Hays 2400 baud modem controller cards serial port cards SCSI card 360K floppy disk drives 720K floppy disk drive, Seagate ST 351 A hard disk drives Seagate ST 157A hard disk drives microphase line driver. PAGE 6 IXED ASSET t IS ASSET #1 DESCRIPTION QTY IBM Basic Software 3.0 2 Paradox 3.0 1 Carbon Copy 1 Norton Back-up 1 Colorado Back-up for Dos 3 Norton Anti -Virus 1 Norton Desktop 1 Pathminder 2 Pathminder does Windows 1 JBy Design 1 Disk Optimizer 1 Virucide Plus 1 Virucide 1 Paradox 3.5 1 IBM PC-XT Guide to O erations 1 PC Tools Deluxe 3 Word Perfect 5.0 3 Ri ht Writer 3.1 1 Ri ht Writer 4.0 1 Harvard Graphics 2.3 1 Harvard Graphics 3.0 1 Word Perfect 5.1 3 PC Tools 7.0 1 PC FullBak 1 American Heritage Dictona 1 Form Tools 1 Smarterm 1 Lotus 1-2-3- Windows Rel. 1.1 4 Lotus 1-2-3- for Dos Rel. 2.2 4 Lotus 1-2-3- for Dos Rel 2.3 7 Adobe Type Manager 1 PAGE 7 IXED ASSET IS ASSET # DESCRIPTION QTY Ribbons IBM 4201 ProPrinter 45 Ribbons IBM Pro Printer XL 4202 7 Ribbons E son FX 286 4 Ribbons I M Printer 4234 g Ribbons IBM Printer 5224 4 Ribbons Epson LQ 1000 Printer 2 Ribbons Epson MX80/13M 152 5 Formatted Diskettes 5 1/4" DS/DD 6 Diskette Ma azines IBM 2462521 14 PAGE 8 IXED ASSET 4, IS ASSET # DESCRIPTION QTY Pin Ball Machine 2 8' Folding Table 2 8' Bifolding Doors 1 2- iece Beige Room Divider 1 Blue Divider 1 Gas Stove 1 Co ier small 1 Standing Chalk Board 1 Picture w/Frames Black History) 11 Calculators 6 Tele hones 2 Wire Paper Sorter 1 JAnswering Machine 1 Map Holder 1 Magazine Rack wire 1 Homelite Chain Saw 1 Fan 1 Cord Cover Flexi-duct 3 Filters box 2 Glass Globes for Light Fixtures 2 Letter Size Frames for File Cabinet Drawers 1 Ste Stool 1 Car in Cases - Blue 2 Minutes Book 1 Box of Phones 8 1 Cellular Phone 1 Light bulbs box 1 Card Files metal 4 PAGE 9 IXED ASSET 4 S ASSET 4 DESCRIPTION QTY Microsoft Bookwork 1 Everex Tape Backup 1 Hold File 1 Misc Cable box 1 Tire Markin2 Sticks 2 1000831 Dictaphone Machine 1 00059 Constant Temperature Bath 1 Data Cartrid e Cubes 4 Mini Data Cartrid e Cube 1 Bag Phone 1 Telephone 1 Cash Drawer 2 Ceilin Grides box 1 Misc. Office Supplies 1 Kent Double Vacuum 1 Hot Plate Oven 1 Hot Plate 1 Cash Register 1 ITypewriter Stand 2 Monitor Stand 1 Misc. Hardware for Shelving Modular Furniture desk return etc. Wooden Shelves 3' 3 Tamper 1 Lawn Mower 1 Mower - Jari 2 Ecle Doors/Windows - Wood s PAGE 1 IXED ASSET 4 S ASSET 4 DESCRIPTION QTY 563351 1989 Dodge Pickup2 Unit 60610 SN 1 B7HE26Y6KS17328 1 558421 1989 Chev. Caprice, Unit 86425 SN 1 G1 BLS17XKR19160 1 5039441 1986 Chev. Cavalier Unit #34602 SN 1 G 1 JC35P3LJ 1041 1 160002, 1987 Fo d Van Unit 86302 SN 1 FTEE14HNHA55220 1 Council meeting September 26, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration of a Detailed Development Plan for Lake Aire Subdivision, Sections One and Two; and Ratification of Variances to the Subdivision Regulations ITEM SUMMARY: The Final Plat for Lake Aire Subdivision, Section One, was filed on April 25, 1988. The remainder of the property was an illegal lot under the Georgetown Subdivision Regulations from the time the 1988 plat was recorded until December 17, 1993, when a Final Plat was filed for Lake Aire Subdivision, Section Two. The City of Georgetown purchased the property in Section One in 1992 and sold it to the owner of the remainder of the shopping center in 1993. The submittal and approval of a detailed development plan (DDP) for both Sections One and Two was a condition of the City's sale of its property. Approval of this DDP, together with the earlier approval of the Section Two plat, will ensure that all tenants of the existing properties are in conformance with the requirements of the Subdivision Regulations, and enable the City to issue unconditional certificates of occupancy as new tenants occupy space at the shopping center. This DDP requires the consideration of several variances that are typical of existing developments required to comply with the current site design standards. However, one of the goals of requiring DDPs for existing developments is to evaluate where reasonable improvements can be made to the property to bring it into greater conformance with the design standards established by the ordinance. The Planning and Zoning Commission recommendation takes this goal into account and achieves many improvements to the site. SPECIAL CONSIDERATIONS: None. FINANCIAL MPACT: The City used a portion of the proceeds from its sale to make the public improvements required when the Section Two plat was approved. These include extending the eight (8) inch water and wastewater lines along Dawn Drive, constructing Dawn Drive, and installing a sidewalk on Williams Drive. The water line improvements include the installation of fire hydrants to meet the Fire Code requirements. COMMENTS: At their regular meeting of January 4, 1994, the Planning and Zoning Commission voted 5-0 to recommend approval of the requested DDP for Lake Aire Subdivision, Sections One and Two, consistent with the motion described in the staff report. A revised DDP addressing the Technical Issues has been submitted and is included in the Council packet. All other requirements of the Commission's recommendation for approval have been fulfilled. This request has been delayed pending the submittal of a permanent parking easement for Lot 3, Section Two, meeting the City Attorney's approval. That easement document has been submitted at this time. RECOMMENDED MOTION: If this item is approved. by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation, unless stated otherwise. ATTACHMENTS: Staff Report and revised DDP. Submitted - z Edward J. ry, AICP Director Hildy L. Zngma, AIdP 10 Division of Developme t Services Chief Planner DETAILED DEVELOPMENT PLAN OF LAKE AIRE SUBDIVISION, SECTIONS ONE AND TWO; AND VARIANCES TO SUBDIVISION REGULATIONS OWNER/APPLICANT: Abraham Yuja, General Partner Lake Aire Shopping Center, Ltd 2900 Quail Run Round Rock, TX 78681 AGENT: Don Bizzell Steger & Bizzell Engineering, Inc. P. O. Box 858 Georgetown, TX 78627 863-4521 REQUEST: Detailed Development Plan of Lake Aire Subdivision, Section One, a 1.99 acre tract, and Section Two, an 8.01 acre tract; and variances to the Subdivision Regulations. Lake Aire Subdivision, Section One is recorded in Cabinet J, Slide 88 of the Official Plat Records and Lake Aire Subdivision, Section Two is recorded in Volume 846, Page 510 of the Official Deed Records of Williamson County, Texas. FACTS: Location: Located at 2415 Williams Drive. SEE EXHIBIT A Existing Site: The site contains an existing shopping center. Existing Zoning: C-1, Local Commercial District. Surrounding Uses North: Westwood Plaza, platted undeveloped land (C-213) and Zoning: South: Offices, residential, day care (RM-3 and C-1) East: Vacant land (RP) West: Williams Commercial Park, platted undeveloped land (C-1) Century Plan: The Century Plan designates this location as Intensity Level 5. The existing development (approximately 74,500 square feet) is within the allowable intensity limits. SEE EXHIBIT B DDP - Lake Aire Shopping Center September 16, 1995 Project // DP-94-07 / File: LAKE-AIR.DDP Page 1 Proposed Use: No change in use is proposed. Notification: 1. Notification forms with attached exhibits have been mailed to property owners within 200 feet of the site; 2. Notice has been published in the Williamson County Sun; and 3. Notification signs have been posted on the property. HISTORY: The Final Plat for Lake Aire Subdivision, Section One, was filed on April 25, 1988. The remainder of the property has been an illegal lot under the Georgetown Subdivision Regulations since the 1988 plat. The City of Georgetown purchased the property in Section One in 1992 and has recently sold it to the owner of the remainder of the shopping center. On December 17, 1993, a Final Plat was filed for Lake Aire Subdivision, Section Two, thereby creating legal lots of the entire property in conformance with the requirements of the Subdivision Regulations. The submittal and approval of a detailed development plan for both Sections One and Two was a condition of the City's sale of its property. The City will use a portion of the proceeds from its sale to make the public improvements required when the Section Two plat was approved. These include extending the eight (8) inch water and wastewater lines down Dawn Drive, constructing Dawn Drive, and installing a sidewalk on Williams Drive. The water line improvements will include the installation of fire hydrants to meet the Fire Code requirements. ANALYSIS: The detailed development plan (DDP) has been prepared for both Sections One and Two of the Lake Aire Subdivision. This, together with the Section Two plat already filed, will ensure that all tenants of the existing properties are in conformance with all requirements of the Subdivision Regulations. The applicant has requested several variances to the Subdivision Regulations for the DDP submitted. Most of these variances are typical of existing developments that are required to submit a DDP under the current ordinance. However, one of the goals of requiring DDPs for existing developments is to evaluate where reasonable improvements can be made to the property to bring it into greater conformance with the design standards established by the ordinance. The potential for achieving these improvements will be evaluated as each variance request is described below. DDP - Lake Aire Shopping Center September 16, 1995 Project # DP-94-07 / File: LAKE-AiR.DDP Page 2 Technical Issues: The following items must be addressed prior to City Council consideration of this item: 1. The ten (10) foot PUE running along both sides of Dawn Drive should be continued through Lots 1 and 2, Section One. Because these additional easements will not be platted, a dedication instrument should be submitted to ensure that they are filed for record with the County. 2. The structure on Lot 3, Section Two shows no parking. This structure is used as a day care center. Based on the Zoning Ordinance requirements, this center must provide six (6) parking spaces, at least one (1) of which must be handicapped accessible. These should be provided on a permanent, hard surface on Lot 3, or a shared use agreement provided with the property owner to use parking spaces on Lot 2, Section Two. 3. Section 27040 B.9. requires that the location and dimensions of existing and proposed water, wastewater, and drainage improvements be shown on the DDP. The City will be adding water and wastewater lines in Dawn Drive. The applicant should work with the Division of Community Owned Utilities to ensure that the proposed water and wastewater lines along Dawn Drive are located on the DDP in the proper location. 4. Section 27040 B.15. requires that sufficient information be provided to demonstrate compliance with the watershed provisions of the ordinance. Because no new development is proposed by this project, and therefore run-off will not be increased, drainage improvements will not be required. However, a baseline drainage study is required to show the existing situation given the development on the lots included in the DDP. This is exclusive of the improvements that will be made to Dawn Drive by the City, for which the City will conduct a separate drainage study. 5. Section 27040 B.16. requires proposed utility flow data to be provided. As noted by the applicant, this can be drawn from existing utility meters in the area. 6. A four (4) foot wide sidewalk must be shown on Williams Drive. This is required on major arterials by Table 33030-A, Design Standards for Streets, and will be constructed by the City as part of the sale agreement. The applicant should, therefore, consult with the Division of Community Owned Utilities regarding the location of the sidewalk before identifying it on the DDP. 7. Section 33056 E. requires that four (4) loading areas (10 feet X 40 feet) be shown on the site. These can be located behind the primary building or in parking aisles, but must be located "to insure adequate DDP - Lake Aire Shopping Center September 16, 1995 Project # DP-94-07 / File: LAKE-AIR.DDP Page 3 protection is afforded adjacent properties, especially residential properties, from noise and other disruptive elements normally associated with such facilities." 8. The complete dimensions, including height and sign face dimensions, of the Pit Barbecue sign have not been shown. Although not a requirement of the DDP submittal, a master signage plan will be required for this property prior to the issuance of any further sign permits. 9. If parking spaces exist in front of the building on Lot 1, Section One, these should be shown on the DDP. 10. Note #8 should be revised to clarify that it refers to potential new parking spaces to be provided on Lot 3, Section Two. 11. Revise Note #13 to add actual and allowed impervious cover information for Lots 1 and 2, Section One. Also add the allowed impervious cover limit (70 percent) to the data on Lots 1, 2, and 3, Section Two. Finally, add information on building cover for each of the lots included on the DDP. 12. Add a note to the DDP stating that variance approvals are based on the current development and, as substantial redevelopment occurs on the site the conditions for which the variances have been granted may be reevaluated and improvements required. Variances: The applicant has requested the following variances for the DDP. Sidewalks: In addition to the sidewalks on Williams Drive, Table 33030-A requires sidewalks on one side of collector streets. A variance is requested to this requirement on Dawn Drive. There are no sidewalks along this street to the north and south of the street segment that will be built as part of the Section Two plat. Therefore, a variance to this requirement may be reasonable. Access: Several variances are requested regarding access to the site. Table 33030-A, Design Standards for Streets, establishes a 450 foot minimum separation between driveways on major arterials (Williams Drive) and a 125 foot separation on collectors (Dawn Drive). None of the paved driveways on Williams Drive or Dawn Drive meet these separation requirements. Section 33042 allows a maximum driveway width of 30 feet for an undivided driveway. All of the driveways on Williams Drive exceed this standard, ranging from 40 feet to 130 feet. The driveway on the southeast corner of Lot 2, Section Two, also exceeds this standard, at 42 feet. This driveway accesses the unimproved portion of Dawn Drive and should be modified to meet the design DDP - Lake Aire Shopping Center September 16, 1995 Project # DP-94-07 / File: LAKE-AIR.DDP Page 4 standard when the City constructs Dawn Drive. Finally, Section 33044 establishes the required separation between driveways and intersections. On major arterials, 400 feet is required, and on collectors 75 feet is required. The actual distance between the driveway at the Pit Barbecue and River Bend Drive is approximately 129 feet. On Dawn Drive, approximately 30 feet separates the driveways onto Lots 1 and 2, Section Two, from River Bend Drive. Over time, improvements to these conditions can be made. For example, when Dawn Drive is constructed, the driveways closest to River Bend Drive on Lots 1 and 2 (at the northeast corner), Section Two, should be closed. This will eliminate the substandard separation distance to the intersection and between driveways. Together with the elimination of the parking in the front yard recommended below, circulation to the parking spaces at the northeast corner of Lot 2 will be maintained. As described above, the unimproved driveway access to the southeast corner of Lot 2 should be corrected to comply with the design standards at the time Dawn Drive is built. Further, while it may be appropriate to allow the four (4) driveways along Williams Drive to remain, improvements should be made to improve safety. The 130 foot driveway in front of the 7-11 store is not safe, especially with the gasoline pump located in the front yard setback. At such time as any permits are issued for this portion of the property, the driveway should be modified to meet the maximum width requirement. Similarly, the driveway in front of the Pit Barbecue should be reduced to meet the design standards for width at such time as any permits are issued for this part of the site. Finally, any significant redevelopment of the shopping center (including Lot 1, Section One, and Lot 2, Section Two) should initiate a reevaluation of all the access issues described above in order to bring the property into compliance with the City's design standards. Parking: Section 33051 A. requires that all off-street parking spaces be provided outside the required front building setbacks. Existing parking on the northeast and southeast (frontage on Dawn Drive) and northwest (frontage on Williams Drive) corners of Lot 2, Section Two, encroaches into the front setbacks. This involves ten (10) parking spaces. Given the fact that this DDP provides 51 parking spaces more than required, these should be eliminated. SEE EXHIBIT C Table 33057 establishes the required dimensions for parking spaces based on the parking lot design. For parking spaces designed at a 75 to DDP - Lake Aire Shopping Center September 16, 1995 Project # DP-94-07 / File: LAKE-A1R.DDP Page 5 90 degree angle, such as those at the Lake Aire Shopping Center, parking spaces are required to be 9.5 feet X 20 feet in size. The existing parking spaces at the shopping center are 9 feet X 18 feet in size. Setbacks: Three (3) existing structures encroach into the platted setbacks as required by Table 34020, Design Standards for Lots. On Lot 3, Section Two, the structure encroaches approximately six (6) feet into the 20 foot platted rear building setback. On Lot 2, Section Two, the building on the south side of the lot encroaches a maximum of ten (10) feet into the platted 20 foot side building setback, and the gasoline pump at the 7-11 store (on the southwest corner) encroaches approximately 9.5 feet into the 25 foot platted front building setback. Given that these are existing encroachments, a variance to this requirement may be appropriate. However, if any substantial redevelopment occurs on these lots, these existing encroachments should be removed. This is especially important as it applies to the gasoline pump given the inherent risks involved in the use and its location along a major arterial. SEE EXHIBIT C Impervious/ Table 34020, Design Standards for Lots, establishes a maximum Building Cover: impervious cover of 70 percent and a maximum building cover of 20 percent for the Commercial, Retail and Service, land use. Lot 1, Section One, and Lots 1 and 3, Section Two, exceed the impervious cover limit and Lot 1, Section One, also exceeds the maximum building cover limit. The approval of the Section Two plat included a variance for the existing impervious cover on Lots 1 and 2. Given this fact, and the fact that the this condition is the result of long established development, a variance to these standards may be appropriate. Section 60070.B of the Subdivision Regulations states: "In granting approval of a request for variance the Commission shall make findings that: 1. The public convenience and welfare will be substantially served; and 2. The appropriate use of surrounding property will not be substantially or permanently impaired or diminished; and 3. The applicant has not created the hardship from which relief is sought; and 4. The variance will not confer upon the applicant a special right or DDP - Lake Aire Shopping Center September 16, 1995 Project N DP-94-07 / File: LAKE-AIR.DDP Page 6 privilege not commonly shared or available to the owners of similar and surrounding property; and 5. The hardship from which relief is sought is not solely of an economic nature; and 6. The variance is not contrary to the public interest; and 7. Due to special conditions, the literal enforcement of the ordinance would result in an unnecessary hardship; and 8. In granting the variance the spirit of the ordinance is observed and substantial justice is done." Other Issues: In 1987 a site plan was approved by the City for a small hamburger stand, known as Boss Burgers, on the concrete pad located between the 7-11 store and the bank. This site plan established the parking, access, and landscaping requirements for the project. On the subject DDP, the applicant has chosen not to include that previous DDP, thereby effectively voiding its approval. Therefore, any future development on the existing pad will require a revision to the subject DDP. Two additional driveways are used for access to the Lake Aire Shopping Center. These are located off Golden Oaks Drive and access the south portion of Lot 2, Section Two. The applicant was unable to locate any easements or other documentation to establish authority for these access points. They have been indicated on the DDP, but may have to be closed at any time subject to documentation from adjacent property owners that they should not exist. STAFF RECOMMENDATION: Approval of the detailed development plan for Lake Aire Subdivision, Sections One and Two, provided the Technical Issues are addressed prior to City Council consideration; and approval of the following variances, subject to the required findings of fact: 1. Table 33057 thereby allowing the parking spaces to be smaller than standard; 2. Table 34020 to allow the existing encroachments to remain within platted building lines; 3. Table 33030-A to allow substandard driveway separations on Williams Drive and to waive the requirement for a sidewalk on one side of Dawn Drive; 4. Section 33042 to allow substandard driveway widths along Williams Drive; 5. Section 33044 to allow substandard spacing between the driveway DDP - Lake Aire Shopping Center September 16, 1995 Project #1 DP-94-07 / File: LAKE-AIR.DDP Page 7 on Williams Drive and the intersection with River Bend Drive; and 6. Table 34020 to allow greater impervious cover on Lot 1, Section One, and Lots 1 and 2, Section Two; and greater building cover on Lot 1, Section One. These variances shall be in effect until such time as substantial redevelopment occurs on the subject property, at which time the conditions under which these variances have been granted may be reevaluated and improvements required. Any permits issued for those portions of the site that contain the 7-11 store (southwest corner of Lot 2, Section Two) and the Pit Barbecue (northwest corner of Lot 2, Section Two) shall require a reevaluation of the variances related to building setbacks and access. Denial of the variance to Section 33051 A. thereby requiring the parking located in front yards on Williams Drive and Dawn Drive to be removed; and to Table 33030-A and Sections 33042 and 33044 regarding the driveway layout on Dawn Drive, thereby requiring that these conditions be improved at the time Dawn Drive is constructed. P & Z ACTION: At their regular meeting of January 4, 1994, the Planning and Zoning Commission voted 5-0 to approve the requested DDP for Lake Aire Subdivision, Sections One and Two, provided the Technical Issues are addressed prior to City Council consideration; and approval of the following variances, subject to the required findings of fact: 1) Table 33057 thereby allowing the parking spaces to be smaller than standard; 2) Table 34020 to allow the existing encroachments to remain within platted building lines; 3) Table 33030-A to allow substandard driveway separations on Williams Drive and to waive the requirement for a sidewalk on one side of Dawn Drive; 4) Section 33042 to allow substandard driveway widths along Williams Drive; 5) Section 33044 to allow substandard spacing between the driveway on Williams Drive and the intersection with River Bend Drive; and 6) Table 34020 to allow greater impervious cover on Lot 1, Section One and Lots 1 and 2, Section Two, and greater building cover on Lot 1, Section One. These variances shall be in effect until such time as substantial redevelopment occurs on the subject property, at which time the conditions under which these variances have been granted may be reevaluated and improvements required. Any permits issued for a change in use or redevelopment of those portions of the site that contain the 7-11 store (southwest corner of Lot 2, Section Two) and the Pit Barbecue (northwest corner of Lot 2, Section Two) shall require a reevaluation of DDP - Lake Aire Shopping Center September 16, 1995 Project # DP-94-07 / File: LAKE-AiR.DDP Page 8 the variances related to building setbacks and access. Denial of the variance to Section 33051 A. thereby requiring the parking located in front yards on Williams Drive and Dawn Drive to be removed; and to Table 33030-A and Sections 33042 and 33044 regarding the driveway layout on Dawn Drive, thereby requiring that these conditions be improved at the time Dawn Drive is constructed. Deferral of Technical Issue #4 regarding a drainage study, the timing of which can be worked out by staff. DDP - Lake Aire Shopping Center September 16, 1995 Project # DP-94-07 / File: LAKE-AIR.DDP Page 9 EXHIBIT A LAKE AIRE SHOPPING CENTER SECTIONS ONE AND TWO �o .o f9'Z►1 �o `s `> �7.«, Ylt.«c « _i� bo-91Z OS.StS 1 1 w _ �. J •s l'. o f W wl na 7 11 Saw oz 1 M1 I J r_ f it43 rat pI. 1w1901a�f 56SZz Pawn Drive fi s t � I -.I----- 1-r � ;- ---- - - -y_—--'---- -- -��=-_ M bC •6hN !_ 1 ,_ _ .. _ _ _,05712 C 11•—�- - - - I I 0::� m s LL-r----_ _-; :� `- t•..1 91w :t _--�.�_ _ _ --. .. -. - �.n, .+1- c' _ _ _ "-...-- ji. _--• _ - I I�%i'•"10 !:1/•fi".xi✓r .:'fig... 3�•, , / - .. ;- W, 66 zz I � L' _ f � � 5 1 ' ��T'-rT�-r— f•'Frss=-q!1 --- g t � 41 Izj 90 tan its ld- 0 29 , I , / o .t •, L� tTr Cr3 Ov a O 07 ,7M1 i -'-v _�- y L'•t' i ; -ar - r�__ _'-. itn a1,g InaLz - b rl •S 9'609Sta-'----- 7----_...-. _ at �� �^ _ C �4 - ---- --- IIliam = 7•lll Y71,w 8 ---.--.-.--�-�'�--T�_I -- _ - - _T- "OI s Drive F.M. 2338 . 1_•rN iSi I I_.r �i MI I'.11l..t jrS,_ I d:J 5,57!lt!.1'. OOS: ' I 1 1't-dllvl;3tl; I ¢ 1 ea sw�,tt1.N, bubz s I w0 I f7.. AlOI � H•� Sr. r.'ll.v. ZZ•,-T \tl- ,ci�d 3w1•,07 3Q I I)7,l �JI =c, :_c; 0o tr1��)nno] n 0 cnnio1 I o DETERMINATION OF PERMITTED DEVELOPMENT GIVEN A SINGLE LAND USE 1. *DATE*: December 14, 1993 *PROJECT NAME*:DDP for Lake Aire, Sections One and Two 2. *GIVEN*: . acres of Intensity Level 1 acres of Intensity Level 2 acres of Intensity Level 3 acres of Intensity Level 4 10.00 acres of Intensity Level 5 acres of Intensity Level 6 10.00 TOTAL ACRES 3. ALLOWABLE DEMAND: INTENSITY WATER LEVEL WASTEWATER TRANSPORTATION Peak GPD ---------------------------- Average GPD Peak Trip Ends 1 0 2 0 0 0 0" 0 3 0 4 0 0 0 5 109,600 0 32,000 0 1,750 0 ------------------------------------- 0 0 4. TOTAL ALLOWABLE DEMAND: Maximum GPD Water Capacity: 109,600 Maximum GPD Wastewater Capacity: 32,000 Maximum Trip Ends: 1,750 5. PERMITTED DEVELOPMENT: (a) LAND USES POTENTIAL WATER UNITS BY WASTEWATER UTILITY TRANSPORTATION MAXIMUM PERcDEV DEVELOPMENT UNITS REGS ALLOWED/UNIT Detached SF ----------- --------- ------------------------- Large Lot Average Lot Zero 95 110 111 128 2,922 1,975 95 20 20 housing units Lot Line Attached SF 110 169 183 1,975 110 110 73 97 73 97 housing units housing Multifamily 208 183 205 1,610 771 169 169 units housing units Mobile Home Lodging 169 166 2,066 205 166 286 205 housing units Institutional Church 571 319,534 525 347,826 1,263 2,080,856 525 166 525 housing units rooms -with day care 319,534 319,534 square feet -w/o day care Medical Office 355,844 589,247 385,542 640,000 112,468 2,430,556 112,468 112,468 589,247 112,468 square feet General Office 263,462 301,099 285,714 351,648 542,299 686,275 589,247 263,462 square feet square feet Retail, Mixed. Retail, Restaurant 168,615 . 196,3.1, 105,945 5 301,099 105,945 301,099 square feet Retail, Store 70,256 337,231 66,667 363,636 165,9 66'667 105,945 66,667 square _feet square feet Employment Centers Warehouse 301 099 351 648 382,431 337,231 337,231 square feet Mini -Warehouse 1,922,807 27,400,000 32,000,000 2,285,714 2,986,667 6,730,769 1,301,099 301,099 1,730,769 square feet square feet --------------------------------- 6,730,769 6-------- square feet CAU11011 k-.. LAKE AIRE SHOPPING CENTER SECTIONS ONE AND TWO c9' Zvi V0 912 ] 3 or OS.So C c' S -or ps.c c' S IVf ' T B u lk-; Encroachm nt z. ram,0 . . 1. 1 7— to cl -4 -4 zi-N �7i n. 01 -41-7 k+n-g77 Fn '1 :5 Dawn Drive Parking In fro .2 5 /A %I A =,e jc G G zOsS Tf I 6� c 1. A- S B u i I d I n gqEbkr o a c h m e 6 f ------ I :'. a7 r - - - IT 14 0 0 L 1-11 1 0 r UJ'n L Wco 71: 0 7 7- 3t Build ngj Encroa6Q '2 n t Parking in, f r o n t 25' t. t .�9 .'--- T 11liams Drive F.M. 23 3 8 49 r. lol I I I?,-- "J Council meeting September 26, 1995 Item No. L; AGENDA ITEM COVER SHEET SUBJECT: Consideration of a Preliminary Plat of 27.51 acres in the John Sutherland Survey, to be known as Fountainwood Estates, Phase 5; and Variances to the Subdivision Regulations ITEM SUMMARY: The subject Preliminary Plat is largely consistent with the Revised Concept Plan for Fountainwood Estates approved in 1993. The plat proposes 21 large, single family residential lots. The following variances are requested to permit development of the subdivision as proposed: 1) to Section 33030 K. to allow reverse curves in Nicole Way that do not achieve the minimum center line curve radii required. In addition, these curves do not meet the requirement established by Section 33030 L. for reverse curves to be separated by a minimum tangent of 100 feet. The COU Division recommends that the reverse curves be straightened to one (1) smooth curve before a variance to the standard can be supported. This will reduce to one (1) the number of curves that do not meet the standard, and will eliminate the issue of tangent distance. 2) To Section 36050 B. to allow Lots. 12 and 13 to have less than the minimum width of 120 feet required for lots designed to the rural subdivision standards. Both lots achieve the minimum width at the front setback line and both are larger than the minimum lot size requirement of one (1) acre. SPECIAL CONSIDERATIONS: The applicant requested the variance to Section 33030 K. in order to preserve several trees within the right-of-way that range from 4 to 14 inches in diameter. Recognizing the need to balance safety with the desire to preserve the trees, the Planning and Zoning Commission recommended that the reverse curves be straightened to one (1) curve as proposed by City staff, unless staff is satisfied that the trees can be preserved without creating a safety hazard. Staff met with the applicant's agent on September 18 to review the location of the trees in relation to the street alignment. Staff and the applicant agreed that one of the curves would be straightened and the tangent distance lengthened to meet the standards. Also, "slow" signs will be erected at each end of the curves that remain. The revision to the street alignment is reflected on the attached plat. FINANCIAL IMPACT: None. COMMENTS: At their regular meeting of September 5, 1995, the Planning and Zoning Commission voted 5-0 to recommend approval of the Preliminary Plat of Fountainwood Estates, Phase 5, provided the Technical Issues are addressed prior to City Council consideration, and approval of the requested variances to Section 33030 K. provided the reverse curves are straightened to one (1) curve unless City staff is satisfied that trees can be preserved without creating a safety hazard, and to Section 36050 B., thereby approving the design of Lots 12 and 13, after making the required findings of fact. The attached plat has been revised to address the Technical Issues as required by the Commission. RECOI\MENDED MOTION: If this item is approved by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation, and will require that the reverse curves be straightened to one (1) curve, unless stated otherwise. ATTACHMENTS: Staff report and revised plat. Submitted B Edward arry, AI - Director Hildy L. Kingma, AICP Divisio of Develop ent Services Chief Planner PRELIMINARY PLAT OF 27.51 ACRES IN THE JOHN SUTHERLAND SURVEY, TO BE KNOWN AS FOUNTAINWOOD ESTATES, PHASE 5; AND VARIANCES TO THE SUBDIVISION REGULATIONS OWNER/APPLICANT: Mr. Max D. Allen Caprock Business Forms, Inc. P. O. Box 1429 Georgetown, Texas 78627 512/869-2462 FAX: 869-6565 AGENT: Mr. Thomas Watts Ralph Harris Surveyor, Inc. 1406 Hether St. Austin, Texas 78704 512/444-1781 FAX:512/444-6123 REQUEST: Preliminary Plat of 27.51 acres in the John Sutherland Survey, located on Nicole Way as recorded in Deed Records in Volume 2190, Page 380 of Williamson County, Texas; and variances to the Subdivision Regulations. FACTS: Location: Located on Nicole Way. SEE EXHIBIT A Existing Site: Undeveloped land. Existing Zoning: This tract is located outside the City limits so zoning does not apply. Proposed Use: 21 single family lots. Surrounding Uses: North: Fountainwood Estates, Phase 2, single family residential (out of City) South: Fountainwood Estates, Phase 4-B, single family residential (out of City) East: U.S. Corp of Engineers, park land (out of City) West: Fountainwood Estates, Phase 4B (out of City) Preliminary Plat - Fountainwood Estates, Phase 5 September 16, 1995 PP#-95-07 / File: FTNW-5.PP Page 1 Century Plan: The Century Plan Development Plan designates this location as Intensity Level 1. The proposed use is within allowable development limits for this acreage. SEE EXHIBIT B Notification: The notification requirements have been completed. HISTORY: A Revised Concept Plan for. Fountainwood Estates was approved in July 1993. It indicates that Phase 5 will include 65.1 acres of land, including 35 residential lots and 6.7 acres of park land. Subsequent to the approval of the Revised Concept Plan, the City approved a plat for Phase 2A and a Development Agreement that stipulates that the 2.0 acres in Phase 2A will be deeded to the City as a park land tract if an alternate parcel has not been deeded to the City within five (5) years of the Agreement. The Agreement was signed in December 1993. The alternate park land parcel is to be a minimum of 15 acres in size and has been proposed as the land identified on the Revised Concept Plan as being located along a drainage area between Phases 5 and 7. Given the location of the proposed park land (SEE EXHIBIT A), it is required to have several access points adjacent to public streets. The subject plat encompasses one (1) of those public access points, located between Lots 16 and 17. ANALYSIS: The subject Preliminary Plat is largely consistent with the approved Revised Concept Plan for Fountainwood Estates. SEE EXHIBIT C It is consistent in that it includes large lots fronting on Nicole Way. It differs in total acres, number of lots, and the lack of park land dedication. The fact that the park land is not dedicated in this phase is probably not significant given the recordation of Phase 2A and the Development Agreement as described above. There are several Technical Items that need to be addressed, and a variance is requested. The subject plat is evaluated according to the Rural Subdivision Design Standards established by Section 36000. A complete drainage plan, with calculations, must be submitted with the construction plans for this plat. Variances: Section 33030 K. Local Street Curves This section establishes a minimum center line curve radius of 250 feet for local streets. Nothing in the rural subdivision standards, or any other section of the ordinance, exempts rural subdivisions from meeting the design standards established by Section 33000. The three (3) reverse curves in Nicole Way at Lots 8, 9, 10, 14, and 15 do not achieve the minimum center line curve radii required. They range from Preliminary Plat - Fountainwood Estates, Phase 5 September 16, 1995 PP#-95-07 / File: FTNW-5.PP Page 2 106 to 224 feet. In addition, they do not meet. the requirement established by Section 33030 L., which requires reverse curves to be separated by a minimum tangent of 100 feet. These curves have no separation between them. Therefore, the Community Owned Utilities Division recommends that these reverse curves be straightened to one smooth curve before a variance to the standard can be supported. This will reduce to one (1) the number of curves that do not meet the standard, and will eliminate the issue of tangent distance. Two (2) previous phases of the Fountainwood Estates development have requested and received variances to Sections 33030 K. and 33030 L. Phase 2 received a variance to Section 33030 L. for tangent distances that were only ten (10) feet less than the required 100 feet. Phases 4A and 4B were approved with variances to Section 33030 K. for curve radii. In the case of Phase 4A, only one (1) curve of 200 feet radius was involved. In the case of Phase 4B, revisions to the plat were made to limit the variance request to three (3) curves ranging from 150 feet to 210 feet radius. Section 36050 B. Lot Width This section requires lots designed to the rural subdivision standards to have a minimum width at the front property line of 120 feet. The width of Lots 12 and 13 at their front property lines is 117.86 feet and 72.89 feet, respectively. However, both lots achieve the 120 foot minimum width at the front setback line. Lot 12 is greater than 140 feet at the front setback line, and Lot 13 is 124.8 feet at the front setback line. All lots in this proposed subdivision have 50 foot front yard setbacks, significantly larger that the 25 foot setback required by the regulations. Both subject lots exceed the minimum lot size requirement of one (1) acre. For these reasons, it may be reasonable to approve this variance. After listening to the testimony presented at the Planning and Zoning Commission meeting, and reading the documentation provided by the applicant and the staff's recommendation, the Commission makes the following findings of fact as required by Section 60070.B of the Subdivision Regulations: 1. The public convenience and welfare will be substantially served; and 2. The appropriate use of surrounding property will not be substantially or permanently impaired or diminished; and 3. The applicant has not created the hardship from which relief is sought; and Preliminary Plat - Fountainwood Estates, Phase 5 September 16, 1995 PP#-95-07 / File: FTNW-S.PP Page 3 4. The variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property; and 5. The hardship from which relief is sought is not solely of an economic nature; and 6. The variance is not contrary to the public interest; and 7. Due to special conditions, the literal enforcement of the ordinance would result in an unnecessary hardship; and 8. In granting the variance the spirit of the ordinance is observed and substantial justice is done." The applicant's documentation for these variances is attached. Technical Issues: The following Technical Issues must be addressed prior to consideration of this plat by the City Council. If they are not addressed by September 29, 1995, or if the applicant does not concur with a delay to the City Council's consideration of the plat to allow the Technical Issues to be addressed, the plat will be forwarded to the Council with a recommendation for denial. 1. Provide a letter requesting annexation. Where Section 24040 C. indicates that this letter is required "if applicable", it exempts only those subdivisions that are located within the City limits. 2. Note on the plat that the area left unplatted between Lots 16 and 17 will be part of the public park land to be dedicated to the City. The property owner has recently discussed the possibility of dedicating a different parcel of land to the City in lieu of this land. Therefore, if the land within the subject plat does not become part of the public park, it must be replatted to be incorporated into the subject plat. 3. The subject subdivision will receive water service from the Chisholm Trail Water District. Section 35012 requires that all approved subdivisions provide the required fire flows. In order to document that this standard can be met when the water supplier is not the City, engineering data and an engineer's certification that the fire flows can be met must be submitted. This data must be provided. 4. Provide sufficient documentation to ensure that the street cross -slope follows the natural slope of the land where said slope is toward the inside of a horizontal curve or is within a tangent section. If the street cross -slope is away from the inside of a horizontal curve it will not be allowed. Preliminary Plat - Fountainwood Estates, Phase 5 September 16, 1995 PPN-95-07 / File: FTNW-5.PP Page 4 STAFF RECOMMENDATION: Approval of the Preliminary Plat of Fountainwood Estates, Phase 5, provided the Technical Issues are addressed prior to City Council consideration, and approval of the requested variances to Section 33030 K. provided the reverse curves are straightened to one (1) curve, and to Section 36050 B. , thereby approving the design of Lots 12 and 13, after making the required findings of fact. P & Z ACTION: At their regular meeting of September 5, 1995, the Planning and Zoning Commission voted 5-0 to recommend approval of the Preliminary Plat of Fountainwood Estates, Phase 5, provided the Technical Issues are addressed prior to City Council consideration, and approval of the requested variances to Section 33030 K. provided the reverse curves are straightened to one (1) curve unless City staff is satisfied that trees can be preserved without creating a safety hazard, and to Section 36050 B. , thereby approving the design of Lots 12 and 13, after making the required findings of fact. Preliminary Plat - Fountainwood Estates, Phase 5 September 16, 1995 PP/1-95-07 / File: FTNW-5.PP Page 5 -4v Ilk LFb1 V 1181HX3 DETERMINATION OF PERMITTED DEVELOPMENT GIVEN A SINGLE LAND USE 1. 'DATE': August 10, 1995 'PROJECT NAME': Fountainwood Estates Phase 5 2. 'GIVEN' 27.51 acres of Intensity Level 1 acres of Intensity Level 2 acres of Intensity Level 3 acres of Intensity Level 4 acres of Intensity Level 5 acres of Intensity Level 6 27.51 TOTAL ACRES 3. ALLOWABLE DEMAND: INTENSITY WATER WASTEWATER TRANSPORTATION LEVEL Peak GPD Average GPD Peak Trip Ends 1 28,886 8,253 55 2 0 0 0 3 0 0 0 4 0 0 0 5 0 0 0 6 0 0 ---------------- 0 4. TOTAL ALLOWABLE DEMAND: Maximum GPO Water Capacity: 28,886 Maximum GPD Wastewater Capacity: 8,253 Maximum Trip Ends: 55 5. PERMITTED DEVELOPMENT: (a) (b) (c) (d) POTENTIAL UNITS BY UTILITY MAXIMUM PER DEV DEVELOPMENT LAND USES WATER ------------------ -- ----------------------------------------------------- WASTEWATER TRANSPORTATION UNITS REGS ALLOWED/UNIT Detached SF ---------------------------------------- ------- ------------ - --------------- ------------------- ______________ Large Lot 25 29 92 25 55 25 housing units Average Lot 29 33 62 29 200 29 housing units Zero Lot Line 29 33 62 29 266 29 housing units Attached SF 44 47 51 44 399 44 housing units Multifamily 55 53 24 24 797 24 housing units Mobile Home 44 43 65 43 43 housing units Lodging 150 135 40 40 40 rooms Institutional 84,214 89,707 65,422 65,422 65,422 square feet Church -with day care 93,784 99,434 3,536 3,536 3,536 square feet -w/o day care 155,298 165,060 76,417 76,417 76,417 square feet Medical Office 69,436 73,688 17,050 17,050 17,050 square feet General Office 79,356 90,692 21,576 21,576 21,576 square feet Retail, Mixed 44,439 50,632 3,331 3,331 3,331 square feet Retail, Restaurant 18,516 17,194 4,839 4,839 4,839 square feet Retail, Store 88,878 93,784 11,458 11,458 11,458 square feet Employment Centers 79,356 90,692 12,024 12,024 12,024 square feet Warehouse 506,763 589,500 91,700 91,700 91,700 square feet Mini -Warehouse 7,221,375 ---------------------------------------------------------------------------------------------------------------------------------- 8,253,000 211,615 -------------------- 211,615 -------- ------- -- 211,615 square feet ,mew ... ... 7 PRELIMINARY PLAN S20 11-52-E FOUNTAINTiVOOD F-STATE, i 5 .80' 242.07' S067 - PHAST, 5 SCA ZL-7 -4h ), ao S. 1.327 ACI V CGENC 1.096 A C . cp .2'. A _11AR SF at 0440 -2049-C wo k' .s 6 Jo, V2_ RE13AM FOUND 51 .66, 'DUE PUBLIC uT7LIry EAsrAf, 'J. F. ORAINAOF CASrmE.Nr n ' L. 8U.10ING LINE 22S.-A __7 2 13 PC 4 15 a.L.* S........ ........ ;D -le, 4 -'1 Ad- "C3 ..... g to C5 1.234 AC 1.510. AC �; ' w I 4 1.4 3.) y) i,('4 A(. rev Sao AC 9. 116 o' 1.061 AC c oil ; 1.39a 'AC . 5" iffE T . ? T lzo 'c 19 .3t 1.01 AC C 2 fcf� I 9, d4. 7 VIP 'K C 21 'V� C'74 vl c c 9 2"; L C) r c 31 j C 12 "u) 0 28 1 c.lV14 15' PUE — ... - . L. lo�% 4 Q. - ' ' , .. . 4 , f. " .2; i2i I fWi L AC NICOLE 1+1-y 7:! t4 , voArk co 6 N21 '17 49 1.006 A C le f_7 1 57 AC i r k, 50' B.L. 9Lk 30 t. 'I SEE v ly pi, JD al, Y4 N ";�A �4 r (D) lh 12 "A 9✓ E� 1c, 7-Vhf 4H,4NW4 1.053 ­)�� 1.001 6c Z. 1,001 AC r (D A 1.602 AC 0� 0 --' p 931 - 005 AC z .002 AC —" I 't-,a 7 tj L 25 b7 C4 9 316.2, 11 4 '910 W V N18 473 - Nq .62" -32' 0' 5�"W'w 10'20 1§"W 9 E7 /* /v. 9-:.o [OL-N S 1 TE hfA P c Date: DOCUMENTATION OF BASIS FOR REQUESTED VARIANCE 3/2/95 Applicant: Max Allen-Fountainwood Estates Phase 5 This request is for a variance from the literal enforcement of Section(s) of the Subdivision Regulations. 36050B Give a brief description of the variance requested: Lots 12 and 13 have less than the required minimum width at the front property line of 120 feet. These lots front on -a circular cul-de-sac. Lot 12 has a frontage of 117.86 feet and lot 13 has 72.89 feet on the property line; however, Lot 13 is 124.80 feet wide_ at the front setback line. Thei lots contain 1.4 and 1.1 acres respectively. You have requested a variance to the design standards of the Subdivision Regulations. In order to be able to recommend and approve such a variance, Section 60070 B. of the Regulations, requires that the Planning and Zoning Commission and City Council must be able to "ensure that the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship." The Commission and Council are directed to meet these requirements by making specific findings of fact. In order to assist the Commission and Council in conducting their deliberations regarding your requested variance, please complete this form to document how this request will impact the issues described below. These issues relate directly to the eight (8) findings of fact that must be cited by the Commission and Council when recommending approval of any variance. You may attach an additional sheet, or submit this information in the form of a letter. 1. In what manner will the public convenience and welfare be substantially served? The lot line between lots 12 and 13 has been located to coincide with a natural drainage way. The lots on either side of 12 and 13 have been designed to a good building site and a 'logi'cal lot configuration. 2. Will the appropriate use of surrounding property be substantially or permanently impaired or diminished in any manner? Provide reasons why you believe your answer to be supportable. No. Frontage on cul-de-sacs is normally less than that required on straight streets. Setbacks prevent structures from being placed adversely to adjacent lots. 3. What are the hardships involved? How were those hardships created? How are those hardships different from those affecting the rest of the public faced with the enforcement of this same provision? Note that the Commission and Council cannot approve a variance for which the hardship claimed is solely of an economic nature. Nature created the location of the drainageway, and the topography of the land. The subdivision ordinance creates requirements that. do not always match land configurations. 4. If the requested variance if approved, will it confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property? Provide reasons why you believe your answer to be supportable. No. Similiar variances have been granted in previous phases. 5. How is the public interest affected? It is not affected. 6. List the special conditions that affect this property and justify the approval of the variance. Cul-de-sacs are a normal tool used to provide access to areas where streets cannot be reasonably extended. 7. How will the spirit of the ordinance be observed if this request is granted? The lot area and required setbacks are provided. The adjacent Greenbelt Park will not be crossed by another street. The park will have approstimately 4,000 feet of uninterrupted park. 8. How will substantial justice be done if this request is granted? Th.is subdivision will be able to use the same standards for frontage on cul-de-sacs as previous phases. DOCUMENTATION OF BASIS FOR RE, QUL,-STED VARIANCE Date: _August 15, 1995Applicant: Caprock Business Forms, Inc, & Max Allen This request is for a variance from the literal enforcement of Section(s) _ of the Subdivision Regulations. 3303 K & L Give a brief description of the variance requested: To permit curve radius of less than 250 feet and tangent distances between reverse curves of 0 feet in order to prevent the destruction of large Oak and Elm trees. You have requested a variance to the design standards of the Subdivision Regulations. In order to be able to recommend and approve such a variance, Section 60070 B. of the Regufations, requires that the Planning and Zoning Commission Ad City Council must be able to "ensure that the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship." The Commission and Council are directed to meet these requirements by making specific findings of fact. In order to assist the Commission and Council in conducting their deliberations regarding your requested variance, please complete this form to document how this request will impact the issues described below. These issues relate directly to the eight (8) findings of fact that must be cited by .the Commission and Council when recommending approval of any variance. You may attach an additional sheet, or submit this information in the form of a letter. 1. In what .manner will the public convenience and welfare be substantially served? The enhancement of the homes and environment by the preservation of large Oak and Elm trees that have survived for hundreds of years. 2. Will the appropriate use of surrounding property be substantially or permanently impaired or diminished in any manner? Provide reasons why you believe your answer to be supportable. The appropriate use of the adjacent and sgrrounding property will be substantially and permanently enhanced by saving these trees. 3. what are the hardships involved? How were those hardships created? How are those hardships different from those affecting the rest of the public faced with the enforcement of this. same provision? Note that the Commission and Council cannot approve a variance for which the hardship claimed is solely of an economic nature. The purpose for saving these trees is the preservation of these works of nature and their benefit to the environment. The alignment picked will save most of th6 trees. To move the street will destroy more trees. The standards have been waived in Phases 2,3,4A and 4B to save trees. The public -safety will not bq hindered since a driver will be able to see the areas of the . street that automobiles will use throughout the. curves length.. The street is short with onlyenty on lots u n t fo access. It ends in "T" intersections on eac ehd. eIt is on l✓�9�U - feet long. It does not encourage speed. 4. If the requested variance if approved; will it confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surroundingproperty? P Pe Y? Provide reasons. why you believe your answer to be supportable. No. Other streets have had similiar variances. 5. How is the public interest affected? The public interest isbenefited by the preservation of the trees involved. Auto and pedestrian sight lines are maintained. 6. List the special conditions that affect this property and justify the approval of the variance. The benefits of large native oak and elm trees far outweigh the benefits of destruction. Tree lined curvealinear streets have beenpr6ven to slow and benefit the quality of life. 7. How will the spirit of the ordinance be observed if this request is granted? The primary purpose of this street is to provide access to the adjacent lots It is not a "through" street. It does not convey traffic from one part of the City to another. The prservation of these trees is a better landscaping method than any replacement planting. 8. How will substantial justice be done.if'this request is granted? See No. 7 Council meeting September 26, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration of approval of a Detailed Development Plan for City of Georgetown, Block 14, Lot 1 and Part of Lot 8; and approval of variances to the Subdivision Regulations; located at 302 South Austin Avenue. ITEM SUMMARY: The proposed detailed development plan is for a restaurant in a building which was formerly used as an antique store. When a site changes use it is eligible for the reduced DDP requirements outlined in Section 16010 A.7.b. of the Subdivision Regulations, as adopted in January of this year. Generally, those lesser requirements permit sites to be occupied provided at least one (1) of the non -conforming aspects of it is made conforming. In this case, the applicant chose to provide the required amount of parking. In order to provide the required amount of parking on the site, however, several variances are necessary. The lot's narrow width permits only a parking lot with a one-way driveway aisle, since such a design has a narrower aisle width and the parking spaces are angled. In order to provide a one-way aisle there must be entrance only and exit only driveways: The proposed driveways are approximately 71 feet apart, whereas the standard requires 150 feet separation. The Police Services Division has expressed some concern over the reduction in the separation of the driveways coupled with the already dangerous intersection of Third Street and Austin Avenue. It is believed that a restaurant at the location will increase the number of vehicles using the intersection daily. ' Because of the narrow lot, the proposed parking area encroaches into the side and rear building setback lines. A variance is requested to permit this. SPECIAL CONSIDERATIONS: It is staff's belief that the intent of the lesser DDP requirements, adopted earlier this year, is to allow eligible, non -conforming sites to be occupied and comply with the ordinance without the need for additional variances. This request was accepted due to staff's uncertainty of Council's intent when adopting this amendment. Therefore, staff requests direction from the City Council on the intent of this regulation regarding sites which require additional variances. FINANCIAL IMPACT: None. COMMENTS: At its September 5, 1995, meeting, the Planning and Zoning Commission voted 5-0 to recommend approval of a Detailed Development Plan for the City of Georgetown, Block 14, Lot 1 and part of Lot 8, located at 302 South Austin Avenue provided the Technical Issues are addressed prior to City Council consideration. Recommend approval of variances to Table 33030-A to permit the two (2) proposed driveways to be closer than 150 feet provided they maintain the proposed one-way design, and to Section 34020 G.1. to permit the proposed encroachments of the parking lot into the building setback lines on the north and south sides, after making the required findings of fact. A Detailed Development Plan addressing the Technical Issues is attached. RECOMMENDED MOTION: If this item is approved by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation, unless stated otherwise. ATTACHMENTS: Staff Report and Detailed Development Plan Submitted By Edward . Barry, AI P - Director 4Hildy L. Ki gma, AICP Divisi of Develo ent Services Chief Planner DETAILED DEVELOPMENT PLAN FOR CITY OF GEORGETOWN, BLOCK 14, LOT 1 AND PART OF LOT 8, AND VARIANCES TO THE SUBDIVISION REGULATIONS; LOCATED AT 302 SOUTH AUSTIN AVENUE OWNER/APPLICANT: Dimension Properties 609-B Wood Street Austin, Texas 78703 476-1072 FAX 476-1072 AGENT: Mr. Michael Kuhn 609-B Wood Street Austin, Texas 78701 476-1072 FAX 476-1072 REQUEST: Detailed Development. Plan for City of Georgetown, Block 14, Lot 1 and part of Lot 8, to be- known as El Charrito Restaurant, as recorded in Volume 1591, Page 126 of the Official Deed Records of Williamson County, Texas; and variances to the Subdivision Regulations. Location: Located at the 302 South Austin Avenue. SEE EXHIBIT A Existing Site: Vacant retail structure. Existing Zoning: C-2A, Commercial First Height. The part of Lot 8 that is included in this property was originally zoned R-S, but since it is under one ownership the entire property is considered zoned C- 2A according to Section 12.104 of the Zoning Ordinance and an interpretation of the Board of Adjustment. Proposed Use: Restaurant Surrounding Uses and Zoning: North: Single family residence (C-2A) South: Office building (C-2A) East: Williamson County Health Office/Former Williamson County Jail (C-2A) Detailed Development Plan September 1, 1995 DDP 95- /File: 302AUSTN.DDP page I CM:CS West: Single family residence (RS) Century Plan: The Century Plan -Development Plan designates this location as Intensity Level 4. The proposed use exceeds the square footage permitted by the Century Plan standards for restaurants. SEE EXHIBIT B Notification: The notification requirements have been completed. ANALYSIS: The proposal is to open a restaurant at this location which formerly housed an antique store. Due to the site's change in use, it is eligible for the new, lesser detailed development plan standard. The new DDP standard, as specified in Section 16010 7.b. of the Subdivision Regulations, applies to any new activity on a site where there is a change in use or the building has been vacant for a period of two (2) years or longer. Sites not eligible for this new standard are subject to the previous DDP standard which includes all site design standards. Detailed Development Plan DDP 95- /File: 302AUSTN.DDP CM:CS Generally, the new DDP standard allows applicants of such sites described above to select one aspect of the site that does not conform to the current regulations and bring it into conformance. All other nonconforming aspects may remain without the need for a variance. The purpose of this new DDP standard is to enable developed sites to conform to the regulations by making incremental improvements to the property. The intention was that these properties would be able to come into conformance without the need for variances. The City staff accepted this request for variances due to the uncertainty of the regulation regarding whether or not sites taking advantage of the lesser DDP requirements are eligible for variances. It is likely that there will be more cases using this standard in the future. Therefore, the staff requests direction from the Commission regarding the original intent when the new lesser DDP standard was adopted. In this case, the applicant chooses to provide parking spaces to conform to the standard as specified in the Subdivision September 1, 1995 Page 2 Detailed Development Plan DDP 95- /File: 302AUSTN.DDP CM:CS Regulations. Practically, the only other aspect which may have been chosen was landscaping. Staff agrees with the choice of providing the required amount of parking spaces since the proposed use is a restaurant and has the potential for attracting many customers at peak hours, and therefore, needing many off- street parking spaces. Given this site's proximity to Austin Avenue, it is desirable to eliminate the possibility for on -street parking. It is also possible to bring the site into conformance with the landscaping regulations, but doing so will not address the need for parking at the site. Currently, there is no off-street parking on the site. The proposed use requires ten (10) spaces. The applicant proposes to provide 13 spaces; however, there is not sufficient room on the lot to provide even ten (10) spaces with associated driveways and aisles and conform to all setbacks. All of the proposed parking is located on the site and behind the building. SEE EXHIBIT C The DDP proposes an entry only and exit only system of two (2) driveways serving the parking lot that has a one-way aisle with 13 parking spaces at a 60 degree angle. Intensity Level 4 of the Century Plan allows restaurants on a 0.24 acre site, such as this, to be up to 948 square feet. SEE EXHIBIT B The existing building is 1,020 feet. The previous use, the antique store, conformed with the Century Plan since it was allowed up to 3,948 square feet. Therefore, it is the change in use that renders the proposal nonconforming. The reason for the difference in square footage allowances is due to restaurants' tendencies to consume and discharge more water and wastewater than general retail uses. In this case, the limiting factor is wastewater. Typically, an amendment to the Century Plan is processed to change the Intensity Level at a location where more square footage is desired. In order to change the Intensity Level, improvements to either the water, wastewater or transportation system are required to accommodate the level of service. The Community Owned Utilities Division has determined that both September 1, 1995 Page 3 N the water and wastewater lines serving the subject site are adequate to provide service to a restaurant. Therefore, there should be no required improvements to the systems to permit a Century Plan amendment. Additionally, the Building Inspections Department indicates that the subject building may not be structurally sound to accommodate the proposed use and alterations may be required. Building plans have not been filed with that office yet, so it is uncertain exactly what structural alterations are either necessary are proposed. Along with the building plans, the Building Inspections Department may require an engineer's certification that the building is structurally sound to accommodate the proposed use. This may necessitate additional actions on the part of the applicant since Sections 4.102 and 4.104 of the Zoning Ordinance states that non -conforming structures may not be reconstructed or structurally altered unless made to conform. Variance: Table 33030-A Driveway Separation The two (2) proposed driveways are approximately 71 feet apart. The standard driveway separation for commercial uses on local streets is 150 feet. There are currently no driveways into this site; however, customers of the previous use of the site parked their vehicles in head -in fashion along Third Street. Third Street extends westward approximately three (3) blocks serving a primarily residential area and the Williamson County Court House Annex. Third Street is not the only east -west street to intersect with Austin Avenue in this area. Both Second Street to the north and Fourth through Eleventh Streets to the south intersect with it. The Police Services Division is concerned with the addition of a restaurant at this location and the possible effect it will have on the Third Street/Austin Avenue intersection. Duet - to the slope of Austin Avenue at this location, the intersection has a substantial amount of vehicular accidents. The restaurant will likely generate more trips than the previous use. Vehicles attempting a left turn onto Austin Avenue from Third Street may block the proposed entrance drvieway, therefore backing up vehicles attempting to turn into the restaurant parking lot. The Detailed Development Plan September 1, 1995 DDP 95- /File: 302AUSTN.DDP Page 4 CM:CS Detailed Development Plan DDP 95- /File: 302AUSTN.DDP CM:CS proposed entrance driveway is 64 feet from Austin Avenue. The minimum distance required is 60 feet. Section 34020 G.I. Encroachments Into Building Lines Since the lot was existing prior to May 10, 1977, it is exempt from the current platting requirements and therefore is not subject to the standards associated with platting. One of those standards which is associated with platting is building setback lines. Therefore, the building setback lines as established by the Zoning Ordinance apply to this site. SEE EXHIBIT D The proposed parking lot encroaches into the ten (10) foot building line along the north property line adjacent to Third Street. The five (5) spaces adjacent to that side actually extend as far as the property line. The spaces on the south side also encroach into the building setback line on that side. There is a seven (7) foot building setback line where the subject lot is adjacent to R-S zoned property and a four (4) foot building setback line where it is adjacent to C-2A zoned property. The proposed parking area encroaches to within one (1) foot of the property line. Both the encroachment into the northern and southern building setback lines are proposed in order to provide 60 degree parking spaces with standard depth and a driveway aisle with standard width. The DDP proposes the minimum width of parking area necessary to conform to these standard dimensions. After listening to the testimony presented at the Planning and Zoning Commission meeting, and reading the documentation provided by the applicant and the staff's recommendation, the Commission makes the following findings of fact as required by Section 60070.13 of the Subdivision Regulations. s 1.The public convenience and welfare will be substantially served; and 2.The appropriate use of surrounding property will not be substantially or permanently impaired or diminished; and 3.The applicant has not created the hardship from which relief is September 1, 1995 Page 5 sought; and 4.The variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property; and 5.The hardship from which relief is sought is not solely of an economic nature; and 6.The variance is not contrary to the public interest; and 7. Due to special conditions, the literal enforcement of the ordinance would result in an unnecessary hardship; and 8.In granting the variance the spirit of the ordinance is observed and substantial justice is done." TECHNICAL ISSUES: The following Technical Issue must be addressed prior to consideration of this DDP by the City Council. 1. The water line that is parallel to Third Street Shall be labeled as a six (6) inch line rather than a 3/4 inch line. STAFF RECOMMENDATION: Approval of a Detailed Development Plan for the City of Georgetown, Block 14, Lot 1 and part of Lot 8, located at 302 South Austin Avenue provided the Technical Issues are addressed prior to City Council Consideration. Approval of variances to Table 33030-A to permit the two (2) proposed driveways to be closer than 150 feet provided they maintain the proposed one-way design and Section 34020 G.1. to permit the proposed encroachments of the parking lot into the building setback lines on the north and south sides after making the required findings of fact. P & Z ACTION: At its September 5, 1995, meeting, the Planning and Zoning Commission voted 5-0 to recommend approval of a Detailed Development Plan for the City of Georgetown, Block 14, Lot 1 and part of Lot 8, located at 302 South Austin Avenue provided the Technical Issues are addressed prior to City Council consideration. Recommend approval of variances to Table 33030-A to permit the two (2) proposed driveways to be closer than 150 feet provided they maintain the proposed one-way design, and to Section 34020 G.1. to permit the proposed encroachments of the parking lot into the building setback lines on the north and south sides, after making the required findings of fact. Detailed Development Plan September 1, 1995 DDP 95- /File: 302AUSTN.DDP Page 6 CM:CS I i GI RR AL TER S.v,NGS 1669 / BI 32 72 nc I I OON&LO C NOUSTON 7 9B 4 1 7 71 n( i 75 ac; I (� 02 oc 1 - i I i 1 i I I •ro �,o g 1 I 25 z CITY OF GEORGETOWN NOTICE TO SURROUNDING PROPERTY OF A PUBLIC MEETING � 'I o OWNERGl-___ Notice is hereby given that the City of Georgetown will hold�-s_..,: regular public meeting of the: PLANNING AND ZONING COMMISSION ❑ BOARD OF ADJUSTMENT This meeting will be held on the 5TH day of SEPTEMBER, 1995, at 6:00 p.m. at its regular meeting place in the Council Chambers, 101 East 7th Street, Georgetown, Texas to consider the proposed: Detailed Development Plan of Original City of Georgetown, Block 14, Lot 1 and East 52 feet of Lot 8, with variances to the Subdivision Regulations, located at 302 S. Austin Avenue. As one of the owners of adjacent property you are invited to be present at such meeting if you desire to discuss the proposed plan. See attached Exhibit A for more detail. Date • 8/21/95 City of Georgetown A copy of the planning report related to this item will be available at the Division of Development Services and the Georgetown Public Library no later than the Friday prior to the meeting described above. For further information phone the Development Services Division at 930-3575. PROPERTY OWNER'S COMMENTS Project Name: 302 S. Austin Avenue Name of Mail Address Respondent: Sam H . & Patricia T. Brady of Respondent • Rt. #3, Box 1-B, PLEASE SEE REMARKS BELOW I am in favor: I object: Georgetown, TX. 78626 If you wish to submit written comment, please respond by 8/30/95, it will be provided to the Board of Adjustment or Planning and Zoning Commission and City Council. Please reply to: 1 � City of Georgetown Development Services Division P. O. Box 409 Georgetown, Texas 78627 8-27-95 S outh We own the office building at 310-312/Austin Ave. which adjoins the subject property to be re -zoned. We are concerned about the adequate, convenient parking to be made available for this cafe. The small size of the lot, and the extreme slope of the property has present( a problem for this property in the past, in so far as their parking facilities are concerned. We are concerned about the fact that they will be unable to provide adequate, convenient parking for 13 vehicles as shown in the plat. We rais his objection, because we do not want our paved parking lot (which adjoins this property on the su�h) to // ke ued for their parking. Sam H 1)z �j mC v � A (\ n -- _- 00 00 MLYOM—� 2W-O, P�� 0 o y )R , us i I r w r o .3AY Niisnv A REMODEL FOR VOELTER ASSOCIATES IF PI (. W A R P I TO R F S T A li RA. N T ARCHITECTS AND PLANNERS A Council meeting September 26, 1995 Item No. 11 JW AGENDA ITEM COVER SHEET SUBJECT: Consideration of approval of a variance to the Subdivision Regulations for a 2.0 acre tract in the Clement Stubblefield Survey to be known as Good Luck Subdivision. ITEM SUMMARY: In June of this year, the Planning and Zoning Commission and the City Council approved a short form final plat for this subdivision. A condition of approval was that a water line be extended to the site in conformance with the City's standards for extending utilities. When the construction plans were reviewed by the City staff, the applicant was told of the need to extend the water line to the most western point of the subdivision and that the water line must also be extended to the SH29 right-of-way. The applicant requests a variance in order to provide the water line extension only as far as the beginning of the subdivision boundary. Such a variance was given in one (1) case recently, where it was determined that topographical conditions existed that did not permit the extension of a wastewater line. Such conditions do not exist in this case. In that same case, extension of a water line was postponed through a development agreement until the street under which the line will be located is also extended. SPECIAL CONSIDERATIONS: The Planning and Zoning Commission questioned the need to require the extension of the water line to the western boundary and to be extended to the SH29 right-of-way. The applicant requests that the water line only be extended as far as the point at which it enters the subject property. The Commission's recommendation is that the water line be extended to the northwest corner and not be required to extend to the SH29 right-of-way. This is 233 feet shorter than what was initially required and 309 feet longer than what the applicant requested. FINANCIAL IMPACT: None. COMMENTS: At its September 5, 1995, meeting, the Planning and Zoning Commission voted 5-0 to recommend approval of the requested variance to Section 41030, thereby requiring the water line to be extended to terminate at the northwest corner of the subject property, after making the required findings of fact. RECOMMENDED MOTION: If this item is approved by the City Council, it will be consistent with the Planning and Zoning Commission's recommendation, unless stated otherwise. ATTACHMENTS: Staff Report Submitted By- - YZ/ - Edward JIf arry, AICP - Director Hildy L. 'ngma, AICP Division Developm t Services Chief Planner VARIANCE TO THE SUBDIVISION REGULATIONS FOR A 2.0 ACRE TRACT IN THE CLEMENT STUBBLEFIELD SURVEY, TO BE KNOWN AS GOOD LUCK SUBDIVISION OWNER/APPLICANT: Ben and Alicia Johnson 2890 Cedar Hollow Road Georgetown, Texas 78628 869-2890 AGENT: Don Bizzell, P.E. Steger and Bizzell 1978 South Austin Avenue Georgetown, Texas 78626 863-4521 FAX: 863-4523 REQUEST: Variance to the Subdivision Regulations for a 2.0 acre tract in the Clement Stubblefield Survey to be known as Good Luck Subdivision, as recorded in Volume 2724, Page 371 of the Official Deed Records of Williamson County, Texas. FACTS: Location: Located on State Highway 29 West. SEE EXHIBIT A Existing Site: Undeveloped land. Existing Zoning: A rezoning of this tract from RS to C-1 is in progress. Proposed Use: A convenience store is proposed. Surrounding Uses North: Citizens Memorial Garden Cemetery (out of City) and Zoning: South: Unplatted agricultural land (RS) East: Vacant office building (RS) West: San Gabriel Storage (RS) Century Plan: The Century Plan -Development Plan designates this location as Intensity Level 4. Notification: The notification process has been completed. Variance - Good Luck Subdivision September 1, 1995 VR 95-19/File: GOODLUCK.VAR Page I CM:CS HISTORY: This tract was annexed into the City on November 18, 1986. The Good Luck Subdivision was approved by the Planning and Zoning Commission on June 6, 1995, and by the City Council on June 27, 1995. A rezoning request was approved by Commission and Council at the same time. The second reading of the rezoning will be withheld until the Good Luck Subdivision plat is recorded. ANALYSIS: This request is for a variance to Section 41030, which requires that all improvements be designed and installed in a manner that creates a logical and continuous system of improvements to serve adjacent properties. The applicant requests this variance to eliminate the requirement that the water line required as a condition of approval of the Good Luck Subdivision plat be extended to the subdivision's western boundary. The applicant proposes to extend the line from County Road 265 to the point where it enters the Good Luck Subdivision. SEE EXHIBIT B This point is approximately 326 feet from the nearest portion of the SH29 right-of-way and approximately 452 feet from the point to which the line is required to be extended. If the line was extended to the point as requested by the applicant, adjacent properties would be required to extend the line over the Good Luck Subdivision in order to bring service to their property at the time they are platted. This is similar to what the applicant was required to do in this case; however, the only alternative available to the applicant was to extend another water line approximately 1,400 feet along SH29. In one recent case, the staff has recommended, and the Commission and Council approved, variances to the requirement that utilities be extended to the perimeter of a subdivision. Such a variance was granted to Inner Loop Commercial Park, Section One. In that case, a variance was given to eliminate the requirement that a water line be extended; however, it is only a temporary variance. The line must be extended when the street, under which the water line will be located is extended. Further, the property in the area of the street and water line extensions s was under the same ownership as Inner Loop Commercial Park, Section One. That subdivision also received a variance to the requirement for extension of a wastewater line. The applicant submitted documentation that the topography of the area prevented the extension of the wastewater line beyond its proposed terminus. Neither of these situations are apparent in this case. Variance - Good Luck Subdivision VR 95-19/File: GOODLUCKNAR CM:CS September 1, 1995 Page 2 Variances: After listening to the testimony presented at the Planning and Zoning Commission meeting, and reading the documentation provided by the applicant and the staff's recommendation, the Commission makes the following findings of fact as required by Section 60070.B of the Subdivision Regulations: 1. The public convenience and welfare will be substantially served; and 2. The appropriate use of surrounding property will not be substantially or permanently impaired or diminished; and 3. The applicant has not created the hardship from which relief is sought; and 4. The variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property; and 5. The hardship from which relief is sought is not solely of an economic nature; and 6. The variance is not contrary to the public interest; and 7. Due to special conditions, the literal enforcement of the ordinance would result in an unnecessary hardship; and 8. In granting the variance the spirit of the ordinance is observed and substantial justice is done." STAFF RECOMMENDATION: Denial of the requested variance to Section 41030, thereby requiring the water line to be extended as originally approved. P & Z ACTION: At its September 5, 1995, meeting, the Planning and Zoning Commission voted 5-0 to recommend approval of the requested variance to Section 41030, thereby requiring the water line to be extended to terminate at the northwest corner of the subject property, after making the required findings of fact. Variance - Good Luck Subdivision VR 95-19/File: GOODLUCKNAR CM:CS September 1, 1995 Page 3 EXHIBIT B Water line extension required CR26 �•'' easement Water line `extension proposed Good Luck by applicant Subdivision SH29 -- August 7, 1995 To: The Planning and Zoning Commission of the City of Georgetown From: The Good Luck Subdivision Hwy 29 - Ben and Alicia Johnson We have been asked by the City of Georgetown to install a fire hydrant on the front of our property. We agree that a fire hydrant is essential, but it is the placement of that fire hydrant that is in question. Of course, the public can only benefit from a fire hydrant being placed on our property. Neighboring businesses and residents would have much better fire protection, and could possibly benefit from lower insurance rates. The hardship involved is the distance we are from a public water supply. Since the city ran the public water line down County Road 265 instead of State Highway 29, to pipe water to our property, we must run a water line across the back of an adjoining prop- erty to the back corner of our property. To place a fire hydrant on State Highway 29, which is the front of our property would require an additional 340 feet of water line. Approval of this variance would allow us some flexibility to still run the water line and still provide fire hydrant protection and accessibility to ourselves and our neighbors by placing the fire hydrant closer to the actual building rather than the State Highway 29. We feel that approval of this variance will ultimately benefit all parties involved. CITY OF GEORGETOWN NOTICE TO SURROUNDING PROPERTY OWNERS OF A PUBLIC MEETING Notice is hereby given that the City of Georgetown 'will hold -- regular public meeting of the: lrJ PLANNING AND ZONING COMMISSION ❑ BOARD OF ADJUST KIT This meeting will be held on the 5TH day of SEPTEMBER, 1995, a-t 6:00 p.m. at its regular meeting place in the Cou�ci�l Chambers, --.: i- 101 East 7th Street, Georgetown, Texas to consider tF 4roposed -,:. J Variances to the Subdivision Regulations for Good Luck Subdivision, located on S.H. 29 West. As one of the owners of adjacent property you are invited to be present at such meeting if you desire to discuss the proposed plan. See attached Exhibit A for more detail. Date: 8/21/95 City of Georgetown A copy of the planning report related to this item will be available at the Division of Development Services and the Georgetown Public Library no later than the Friday prior to the meeting described above. For further information phone the Development Services Division at 930-3575. PROPERTY OWNER'S COMMENTS Project Name: 302 S. Austi Name of Respondent: enuem - Variance 9,. , /�- I v Address of Respondent: T ` 7 I am in favor: I obj ect : If you wish to submit written comment, please respond by 8/30/911, it will be provided to the Board of Adjustment or Planning and Zoning Commission and City Council. Please reply to: City of Georgetown Development Services Division P. 0. Box 409 Georgetown, Texas 78627 CITY OF GEORGETOWN NOTICE TO SURROUNDING PROPERTY OWNERS OF A PUBLIC MEETING Notice is hereby given that the City of Georgetown will hold its regular public meeting of the: KJ PLANNING AND ZONING COMMISSION ❑ BOARD OF ADJUSTMENT This meeting will be held on the 5TH day of SEPTEMBER, 19951 at 6:00 p.m. at its regular meeting place in the Council Chambers, 101 East 7th Street, Georgetown, Texas to consider the proposed: Variances to the Subdivision Regulations for Good Luck Subdivision, located on S.H. 29 West. As one of the owners of adjacent property you are invited to be present at such meeting if you desire to discuss the proposed plan. See attached Exhibit A for more detail. Date: 8/21/95 City of Georgetown A copy of the planning report related to this item will be available at the Division of Development Services and the Georgetown Public Library no later than the Friday prior to the meeting described above. For further information phone the Development Services Division at 930-3575. PROPERTY OWNER'S COMMENTS Project Name: 302 S . Aust�n AvenuWn - Variaelc Name of Respondent: Address of Respong!�nf: I am in favor: I object- If you wish to s mit written comment, please respond by 8/30/9�,, it will be provided to the Board of Adjustment or Planning and Zoning Commission and City Council. Please reply to: City of Georgetown Development Services Division P . 0. Box 409 Georgetown, Texas 78627 Council Meeting Date: September 26,1995 Item No._ AGENDA ITEM COVER SHEET SUBJECT A Resolution expressing official intent to reimburse costs of certain street capital improvements projects not to exceed $1,370,000 with proceeds from bonds that will be issued at a later time. ITEM SUMNLARY The City transportation improvements included in the 1995/96 Annual Operating Plan included three projects; Quail Valley, 15th Street, and Railroad Street; to be financed with general obligation certificates of obligation. In order to complete the projects as scheduled, preliminary engineering and other work needs to begin. Staff recommends passing the attached bond reimbursement resolution to allow work to begin now. Staff recommends waiting until January/February 1996 to actually issue the debt. Construction bids will have been received at that time allowing for a more accurate bond issue amount. SPECIAL CONSIDERATIONS none FINANCIAL IMPACT The City has cash balances available to begin paving for these projects without hindering the City's ability to meet other obligations over the next few months. Approval of this resolution and commencement of these projects will commit the City to a future bond issue because the cash balances will be required for operating and capital costs late in 1995/96. COMMENTS none ATTACHMENTS Proposed resolution Submitted By: Susan L. Morgan, Director of Finance and Administration Bob Hart, City Manager RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF CERTAIN PROJECTS TO INCLUDE STREET INFRASTRUCTURE IMPROVEMENTS. WIMREAS, the City of Georgetown, Texas (the "Issuer") is a home -rule City of the State of Texas; and WdIEREAS, the Issuer expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit "A" attached hereto (the "Projects") prior to the issuance of obligations to finance the Projects; WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Projects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution implements Transportation Policy 1 of the Century Plan - Policy Plan Element, which states : "The City's transportation system provides for the safe and efficient movement of traffic, promotes economic interests of the community, and adequately serves the personal needs of individuals."; and further finds that the enactment of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The Issuer reasonably expects to incur debt, as one or more separate series of various types of obligations, with an aggregate maximum principal amount equal to $1,370,000 for the purpose of paying the costs of the Projects. SECTION 3. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-- exempt obligations will be issued by the Issuer in furtherance of this Resolution after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Resolution Title No. Pagel of 3 SECTION 4. The foregoing notwithstanding, no tax-exempt obligation will be issue pursuant to this Resolution more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 5. This resolution shall be effective immediately upon adoption. RESOLVED this 26th day of September, 1995. ATTEST: Sandra D. Lee City gerrPtgry THE CITY OF GEORGETOWN: By: LEO WOOD 4 1 nvnr Exhibit "A" Planning, design, acquisition and construction of the following projects which may be financed by one: or more separate series of various types of tax-exempt obligations: BOND FINANCED STREET IMPROVEMENT PROJECTS: Quail Valley (1460 to Maple) - construct street 15th Street (Hutto to Maple) - rebuild street Railroad Street (2243 to SH 29) - construct street Resolution Title No. Page 3 of 3 Council meeting date: September 26, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT Consideration of a resolution authorizing the City Attorney to issue a quitclaim deed to be filed abandoning portions of Eight Street, Clamp Street and an alley, all east of the MK&T Railroad ITEM SUMMARY This abandonment is requested by Southwestern University to facilitate the development of expanded parking and intramural fields. The City will maintain the appropriate utility easement. SPECIAL CONSIDERATIONS FINANCIAL IMPACT State statute (Chapter 272 of the Local Government Code) requires that when a right-of-way will be abandoned, the City shall determine its fair market value. The property may not be conveyed for less than the fair market value. COMMENTS If the City Council considers this request appropriate, it should be approved conditioned on the payment of fair market value for the right-of-way. ATTACHMENTS Quitclaim Deed Resolution -Submitted By: 4i� Marianne Landers Banks, City Attorney RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED TO VACATE AND ABANDON THE PUBLIC RIGHT OF WAY COMMONLY KNOWN AS EIGHTH STREET BETWEEN THE RAILROAD RIGHT OF WAY AND EAST TO MAPLE STREET, AND TO VACATE AND ABANDON THE PUBLIC RIGHT OF WAY COMMONLY KNOWN AS CLAMP STREET BETWEEN THE RAILROAD RIGHT OF WAY AND EAST TO MAPLE STREET, AND TO VACATE AND ABANDON THE ALLEYWAY BETWEEN THE RAILROAD RIGHT OF WAY AND EAST TO MAPLE STREET, ALL LOCATED IN THE REVISED PLAT OF CLAMP'S ADDITION TO THE CITY OF GEORGETOWN; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has received a request for the Vacation and Abandonment of the public right-of-way commonly known as Eighth Street between the railroad right of way and east to Maple Street, in the Revised Plat of Clamp's Addition to the City of Georgetown; WHEREAS, the City of Georgetown has received a request for the Vacation and Abandonment of the public right-of-way commonly known as Clamp Street between the railroad right of way and east to Maple Street, in the Revised Plat of Clamp's Addition to the City of Georgetown, which street has never been constructed or right of way utilized for street purposes; WHEREAS, the City of Georgetown has received a request for the Vacation and Abandonment of the alleyway located south of Eighth Street between the railroad right of way and east to Maple Street, in the Revised Plat of Clamp's Addition to the City of Georgetown, which alleyway has never been utilized as an alleyway; WHEREAS, the City of Georgetown currently has utilities located or proposed to be located within the right of way of Eighth Street and within the alleyway south of Eighth Street; WHEREAS, upon considering the request for Vacation and Abandonment and additional information pertaining to the request, the City Council now finds that the retention of a public utility easement within the right of way of Eighth Street and within the alleyway south of Eighth Street will be sufficient to meet the City's needs as a utility provider; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby Eighth and Clamp Street Abandonment Resolution No. Page 1 of 2 finds that this resolution implements the following policies of the Century Plan - Policy Plan: 1. Growth and Physical Development Policy 1, which states: "The City will ensure that future land use patterns provide economic, cultural, and social activities to all residents, businesses and organizations; and 2. Utilities/Energy Policy 2, which states: "The City will establish Utility policies which take into consideration the needs of all citizens of the community and take necessary precautions to prevent harmful ecological impact on the environment." The City Council further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The Mayor is hereby authorized to execute a Quit Claim Deed in the form attached as Exhibit A abandoning the following public areas: (1) the public right of way commonly known as Eighth Street between the railroad right of way and east to Maple Street, (2) the right of way commonly known as Clamp Street between the railroad right of way and east to Maple Street, and (3) the alleyway located south of Eighth Street between the railroad right of way and east to Maple Street, all of which are located in the Revised Plat of Clamp's Addition to the City of Georgetown, and the City Secretary to attest thereto on behalf of the City of Georgetown. This abandonment is to be executed subject to the City retaining a public utility easement as determined on Eighth Street and in the alleyway, as shown on Exhibit A. SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of September, 1995. ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marian Landers Banks City Attorney Eighth and Clamp Street Abandonment Resolution No. Page 2 of 2 THE CITY OF GEORGETOWN: By: LEO WOOD, Mayor QUITCLAIM DEED AND PUBLIC UTILITY EASEMENT DATE: September 26, 1995 GRANTOR: City of Georgetown, A Texas Home Rule Municipal Corporation GRANTOR'S Mailing Address (including County): P.O. Box 409 Georgetown, Williamson County, Texas 78627 GRANTEE: Southwestern University GRANTEE'S Mailing Address (including County): 1001 East University Georgetown, Williamson County, Texas 78626 r CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration PROPERTY: A. Being acres out of Addition to the City of Georgetown more commonly known as Eighth Street between the railroad right of way and Maple Street, as recorded in Volume , Page of the Deed Records of Williamson County, Texas and as more fully described in the attached Exhibit "A" attached hereto and incorporated herein by reference. B. Being acres out of Addition to the City of Georgetown more commonly known as Clamp Street between the railroad right of way and Maple Street, as recorded in Volume , Page of the Deed Records of Williamson County, Texas and as more fully described in the attached Exhibit "B" attached hereto and incorporated herein by reference. C. Being acres out of Addition to the City of Georgetown which was dedicated to the Civt as a fifteen -toot alleyway between the railroad right of way and Maple Street, as recorded in Volume , Page of the Deed Records of Williamson County, "Texas and as more fully described in the attached Exhibit "C" attached hereto and incorporated herein by reference. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE: GRANTOR shall retain a public utility easement to erect, construct, install, and thereafter use, operate, inspect, repair, maintain, reconstruct. modify, and remove the following: Electric transmission and distribution lines; Water lines and sanitary sewer lines, connecting lines, access facilities, and related equipment; Stone sewers and collection facilities; Television, telephone, and communications lines, Drainage ditches, drainage pipes and all other drainage structures, surface and subsurfaces; upon, over, and across said property as herein described in Exhibits B and C, and any ways, streets, roads, or alleys abutting same, and to cut, trim and control the growth of trees and other vegetation on and in the easement area which might interfere with or threaten the operation and maintenance of any public utility equipment, accessories, or operations. It is understood and agreed that any and all equipment and facilities placed upon said property shall remain the property of GRANTOR. For the consideration and subject to the reservations from and exceptions to conveyance, GRANTOR quitclaims to GRANTEE all of GRANTOR'S right, title, and interest in and to the above described property, to have and to hold it to GRANTEE, GRANTEE'S successors and assigns, forever. Neither GRANTOR nor GRANTOR'S successors and assigns shall have, claim or demand any right or title to the property or any part of it, save and except those rights specifically stated in the reservations from and exceptions to conveyance. EXECUTED this the day of September, 1995. GRANTOR: Approved as to form: CITY OF GEORGETOWN By: LEO WOOD, MAYOR Marianne Landers Banks, City Attorney Attest: Sandra D. Lee, City Secretary GRANTEE: SOUTHWESTERN UNIVERSITY By: STATE OF TEXAS CORPORATE ACKNOWLEDGMENT COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned authority, on this day personally appeared Leo Wood, Mayor of the City of Georgetown, a Texas Muncipal Corporation, on behalf of said municipality, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said municipality, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of September, 1995. Notary Public, State of Texas STATE OF TEXAS CORPORATE ACKNOWLEDGMENT COUNTY OF WILLIAMSON ) BEFORE ME, the undersigned authority, on this day personally appeared of Southwestern University, a Texas Corporation, on be half of said corporation, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of September, 1995. Notary Public, State of Texas Eighth and Clamp Street Quitclaim and PUE Page 2 of 2 Initial as to Approval: City Southwestern 57COr�1 i amom, . � 1 Council meeting _September 26, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration of a Resolution to authorize a License to Encroach into the side public utility easements at Lots 1-24, Block G, Smith Branch Park Subdivision ITEM SUMMARY: The Director of Community Owned Utilities and other utility providers have agreed to allow a License to Encroach into the side public utility easements as illustrated in Exhibit A. This request is being made to accommodate the encroachment of a sidewalks on the subject lots that are necessary to access the second floor units of the proposed four-plexes. On September 19, 1995, the Board of Adjustment approved a request for a variance to allow these sidewalks to also encroach into the side yard setbacks. SPECIAL CONSIDERATIONS: None. FINANCIAL IMPACT: None. COMMENTS: None. ATTACHMENTS: Exhibit A Resolution Submitted .L. Edward JtDeveloE arry, A Division - Director Hildy L. K gma, AICP t Services Chief Planner EXHIBIT A License .to encroach into highlighted easements vl ti � Gs 9. .,. � w N �� fir. 9�• - � is 'e. c - �� �'��' s,, 4-4 ��C �.'0 � �. Site-• � - I � � i ;� � � i :� fit. ` . 'P � : ��. • O I �� �t C p �� T• � �� O D e -- 15 B.L. 1 z�Ij14 + cc ., r• 1} co Ch t U r /t I 1 2 ...., .. LONG ,s w Vx SOUTHWALK a r i p. qG 80. , STREET RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY OF GEORGETOWN AND GREGORY G. HALL, PERTAINING TO THE ENCROACHMENT OF SIDEWALKS INTO THE SIDE PUBLIC UTILITY EASEMENTS LOCATED ON LOTS 1-24, BLOCK G, SMITH BRANCH PARK SUBDIVISION, AS RECORDED IN CABINET E, SLIDES 398-399, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS AND LOCATED ALONG CREEKSIDE LANE AND SMITH BRANCH BOULEVARD; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown, has received an application for a license to encroach into the side public utility easements; and WHEREAS, in order for a license to be granted by the City Council of the City of Georgetown, the Council must make certain findings of fact; and WHEREAS, after hearing the application of Gregory G. Hall to encroach into the side public utility easements, the City Council of the City of Georgetown, Texas, finds the following facts: 1. That there are no utilities which would be interfered with by the utilization of the property in its present status. 2. That there are no utilities which would interfere with the utilization of the property in its present status. 3. That the proposed sidewalks intrude into the public utility easements to such a degree that it is not economically feasible to remove the part of the structure within the easement. 4. That the land use in the neighborhood appears to be stable and the use to which this property is being put is not likely to change within the foreseeable future and is similar to other uses in the neighborhood; and WHEREAS, the City Council after hearing the application and finding the specific facts as stated above now concludes and finds that: 1. The fact that it is not economically feasible to remove the part of the proposed sidewalk within the easement area constitutes special circumstances and conditions affecting the property which if not taken into consideration would deprive the ap- Smith Branch, Lots 1-23, Blk G License Resolution No. Page 1 of 3 plicants of the reasonable use of their property. 2. The fact that the land use is not likely to change within the foreseeable future and that it is not economically feasible to remove the part of the sidewalk within the easement does provide a basis for granting the license necessary for the - preservation and enjoyment of the substantial property rights of the applicants. 3. The fact that the use of the easement area by the property owners does not in- terfere with the utilities or access to the utilities and is not detrimental to the public health, safety or welfare or injurious to the property in the area; and WHEREAS, the applicants agree to accept the terms of the license agreement as presented to them. 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 2tre hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this resolution implements the following policies of the Century Plan - Development Plan Element: 1. Growth and Physical Development Policy 1, which states "The City will ensure that future land use patterns provide economic, cultural, and social activities to all residents, businesses and organizations." 2. Utilities/Energy Policy 2, which states "The City will establish utility policies which take into consideration the needs of all citizens of the community and take necessary precautions to prevent harmful ecological impact to the environment; and further finds that the adoption of this resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. That the Mayor is hereby authorized to execute on behalf of the City of Georgetown a License Agreement with Gregory G. Hall, pertaining to the encroachment of proposed sidewalks located at Lots 1-24, Block G, Smith Branch Park Subdivision, into the side public utility easements. Smith Branch, Lots 1-23, Blk G License Resolution No. Page 2 of 3 SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this day of ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney Smith Branch, Lots 1-23, Blk G License Resolution No. Page 3 of 3 . 1995. THE CITY OF GEORGETOWN: By: LEO WOOD Mayor Council meeting date: September 26, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT Authorization for Mayor to sign Release of Special Assessment Lien for Southwe.tern University property ITEM SUMMARY In 1923 the City of Georgetown levied assessments for paving in and around the downtown area. An ordinance was filed in the Deed Records listing all property owners a,id a requirement for payment within the next 4 years. Southwestern University recently purchased the property and has requested a relealse of the assessment. Due to the fact that the City does not have financial records dating back to 1923, we are unable to decipher whether a payment was made or not. ATTACHMENTS Release of Special Assessment Lien Resolution bmitted By: L Marianne Landers Banks, City Attorney RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, AUTHORIZING THE MAYOR TO SIGN A RELEASE OF SPECIAL ASSESSMENT FOR SOUTHWESTERN UNIVERSITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Georgetown has received a request from Southwestern University for a release of a special assessment lien; WHEREAS, the City Council levied an assessment against a portion of Block "J", REVISED PLAT OF CLAMP'S ADDITION and against the real and true owner of said property to due and payable in four years: WHEREAS, the City of Georgetown has no financial records dating back to 1923; WHEREAS, the City Council, after hearing the request and finding the specific facts - as stated above, now concludes that Southwestern University be released from the special assessment lien: 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 anc expressly made a part hereof, as if copied verbatim. The City Council hereby finds that; this resolution implements Growth and Physical Development of the Century Plan - Policy Plan Element, which states: "The City's regulatory actions will efficiently and effectively implement the Policy Statements and provide the opportunity to seek change witr reasonable effort and expense:; and further finds that the adoption of this resolution is no -,- inconsistent or in conflict with any other Century Plan Policies, as required by Sectior 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2 The Mayor is hereby authorized to execute, and the City Secretary to attest thereto a release of special assessment lien for Southwestern University on behalf of the City 0`1 Georgetown. SECTION 3 This resolution shall be effective immediately upon adoption. RESOLVED this 26th day of September, 1995. ATTEST: Sandra D. Lee City Secretary APPROVED AS TO FORM: Marianne Landers Banks City Attorney THE CITY OF GEORGETOWN: By: Leo Wood Mayor Southwestern University assessment Resolution \o Page 1 of 1 STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF GEORGETOWN § RELEASE OF SPECIAL § ASSESSMENT LIEN WHEREAS, an assessment lien was ordered by the City Council ("City Council") of the City of Georgetown, Texas ("City"), recorded at Volume 6, Page 415, of then Mechanics Lien Records of Williamson County, Texas, on January 25, 1923; and WHEREAS, the City Council levied an assessment in the sum of $545.53 against the property described as Tract III in Exhibit A attached hereto and against the Missouri, Kansas & Texas Railroad Company, the real and true owners of said property; and WHEREAS, said assessment lien was due and payable within 4 years after the date of issuance; WHEREAS, the City of Georgetown has no financial records dating back to 1923; WHEREAS, Southwestern University is the current owner of the above describedl property, which is encumbered by said lien; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that for and in consideration of the recitals above and other good and valuable consideration„ the receip t of which is hereby acknowledged, the undersigned has RELEASED AND DISCHARGED and by these presents do hereby RELEASE AND DISCHARGE the above described property from any and all liens recorded at Volume 6, Page 415 of the Mechanic's Lierr Records of Williamson County Texas. EXECUTED the day of Attest: Sandra D. Lee City Secretary Approved as to form: Marianne Landers Banks City Attorney 1995. CITY OF GEORGETOWN Leo Wood, Mayor Council meeting September 26, 1995 Item No. AGENDA ITEM COVER SHEET SUBJECT: Consideration of granting a certificate of occupancy to allow a model home to operate at 1000 Woodview Drive ITEM SUMMARY: At the August 1, 1995, meeting of the Sign Review Board, the Board considered and denied a request for a variance to the sign standards for a model home sign to be located on a residential lot. During the discussion, the Board expressed concern about the location of a model home on the lot that was the subject of the sign variance. This lot is located at 1000 Woodview Drive in the Thousand Oaks Subdivision. The property is zoned RS, Residential Single Family. The property to the east, along Leander Road is zoned C-1, Local Commercial, and RM-1, Multifamily zoning exists north of Leander Road. Further, this lot is the only single family residential lot in the Thousand Oaks Subdivision that has frontage on Leander Road, a major arterial. The property owner, Buffington Homes, requested their permit on May 9, 1995, and notified the City's Building Inspections Department at that time that they intended to use this property as a model home for a period of 12 to 18 months The Building Inspections Department has worked with this home builder during the construction of the home with the understanding that it will operate as a model home under the policy that is currently in place. At this time, the home has had its final inspection and received a temporary certificate of occupancy to operate as a model home. SPECIAL CONSIDERATIONS: Residents of the Thousand Oaks Subdivision have submitted a petition asking that the model home not be permitted to open and operate at 1000 Woodview Drive. An exhibit has been prepared which illustrates the location of the petition signatories. The petition and exhibit are part of the workshop agenda item. FINANCIAL IMPACT: None. COMMENTS: Staff presented this issue to the Planning and Zoning Commission at their meeting of September 5, 1995. The Commission chose not to make a recommendation regarding the operation of the model home at 1000 Woodview Drive. The City Council at their September 121 1995, meeting, voted to suspend the approval for the operation of the model home at 1000 Woodview Drive until it could consider the matter at a workshop session at the current meeting. RECOMMENDED MOTION: To permit the model home at 1000 Woodview to operate for a period of 12 months. No other model homes will be permitted within the City limits until the Zoning Ordinance revision is approved by the City Council. ATTACHMENTS: None. Submitted Bv: Edward J arry, AI - Director Division of Develop ent Services Hildy L. ngma, AIC Chief Planner