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Agenda CC 10.11.2016
Notice of M eeting of the Governing B ody of the City of Georgetown, Texas O ctober 11 , 20 16 The Ge orgetown City Council will meet on October 11, 2016 at 6:00 PM at Co uncil Chambers, 101 E. 7th St., Geo rgeto wn, Texas The City o f Georgetown is committed to co mpliance with the Americans with Disabilities Act (ADA). If you re quire assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or ac c ommo datio ns will be provided upo n request. P lease contact the City Se c retary's Office, at least three (3 ) days prio r to the scheduled meeting date, at (512) 930- 3652 o r City Hall at 113 East 8th Street fo r additional information; TTY use rs ro ute through Relay Texas at 7 11. Re gular Se ssion (This Regular Sessio n may, at any time, be re cessed to convene an Executive Se ssio n for any purpose authorize d by the Open Meetings Act, Texas Go vernment Code 551.) A Cal l to Order Invocati o n P l e dg e of Al l egi ance Co mments from the Mayor - Bre ast Cancer Awareness Proclamatio n - Re c ognition of Cardiac Arrest Survivo r and Rescuers - National Colonial Heritage Month Pro clamation - Community Planning Month Proclamatio n - Planning Department Recognitions Ci ty Co unci l Regi onal Board Re po r ts Announcements - City Vendo r Fair Ac ti on fro m Executi ve Sessi on Statutory Conse nt Age nda The Statuto ry Co nsent Agenda includes no n-c ontroversial and routine items that may be acted upon with one single vote. An item may be pulled from the Consent Agenda in order that it be discussed and acted upon individually as part of the Regular Agenda. B Consideration and possible action to appro ve the mi nutes of the Wo rksho p and Regular Meeting held on Tuesday, September 27, 20 16 -- Ro byn Densmore, Deputy City Secretary Page 1 of 177 C F orw arded from the Li brary Advi sory Bo ard: Consideration and possible action authorizing library staff to purchase boo ks from Ingram, Inc. in a total amount not to exceed $14 0,0 00 .00 for fiscal year 2016-2 01 7 -- Eric Lashley, Library Dire c to r D Consideration and possible action to appro ve a Resolution authorizing the vacati on and abandonment of (1) a remainder of a 10 -foo t right of way and ease ment recorded in Volume 8 52 , P age 4 71 of the Official Public Records of Williamson County, Texas; and (2) a remainder o f a 2 0-fo ot right of way and easeme nt reco rded in Volume 678, Page 49 3 o f the Official Public Re c ords of Williamson County, Texas; bo th easements being property out of the David Wright Survey, Abstract 13, now known as Lot 1 , B l ock F of the Deer Haven Subdi vi si on , a subdivision reco rded as 2016060970 in the Plat Reco rds o f Williamson County, Te xas, and to authorize the Mayo r to execute a quitclaim deed -- Travis Baird, Real Estate Services Co ordinator E F orw arded from the G eorgetow n Economi c Devel opment Cor po r ati on (G EDCO): Consideration and possible action re garding a performance agreement with Rentsch B rewery - - Michaela Dollar, Director of Ec ono mic Development Le gislative Re gular Age nda F Consideration and possible action to appro ve the request for a Revo c abl e Li cense by H4 WR, LP to allow the pl acement of a si g n and l andscapi ng i n the medi an of Wo l f Ranch P arkw ay at the no rth i ntersecti on w i th State Hi ghw ay 29, and to authorize the Planning Director to execute the Revocable License Agreement -- Travis Baird, Real Estate Services Coordinator G Consideration of approval of the Strateg i c Partnershi ps for Communi ty Servi ces Advi sory B o ar d’s reco mmendations for gr ant al l o cati ons for FY 2016-17 fo r Fai th i n Acti on G eo r geto w n and Lone Star Ci r c l e of Care and consideration of appro val o f a Resolution autho rizing amended Strategi c P ar tnershi ps for Communi ty Se r vi c e s F undi ng Agreements between the City of Georgetown and Fai th In Acti on G eorgetown and Lone Star Ci rcl e of Care and for these agencies and organizatio ns to continue to provide services for the citizens of Geo rgeto wn—Shirley Rinn, Exec utive Assistant to the City Manage r and Liaiso n to the Strategic Partnerships for Community Services Adviso ry Board H Consideration and possible action to appro ve a Resolution expressing o fficial intent to rei mburse costs for el ectri c, w ater, w astew ater, and transportati o n capi tal i mprovements; the purchase of publ i c safety ve hi cl es and radi o equi pment; and co sts associ ated wi th vari o us faci l i ty, downtow n and park i mpro vements; in an amount no t to exceed $37 ,66 0,0 00 .00 with proceeds from bonds that will be issued at a later time -- Leigh Wallace, Finance Director I Consideration and possible action to appro ve a Professi onal Servi ces Pro po sal related to utility relate d governmental affairs -- Jim Briggs, General Manager Utilities J Se c ond Readi ng of an Ordinance to approve a request for a Speci al Use P ermi t to allow a lumber yard in the General Commercial (C-3 ) District at 300 Leande r Road, also being Lot 2, Ho pe McCoy Subdivision -- Sofia Nelso n, CNU-A, P lanning Director (acti o n requi red) K Se c ond Readi ng of an Ordinanc e zoni ng for traffi c and rate o f speed therei n, in the City Limits of the City of Geo rge to wn, o n Pedernal es Fal l s Dri ve betw een Cool Spri ngs Way and Ro c ky Hol l ow Creek Dri ve and Ro cky Hol l o w Creek Dri ve be tw een P ede r nal es F al l s Dri ve and County Road 245, defining speeding and fixing a penalty therefore declaring what may be a suffic ient complaint in pro secutions he reunder with a saving clause repealing co nflicting laws and establishing an effective date -- Wesley Wright, P.E., Systems Engineering Dire c to r (acti on requi red) L Se c ond Readi ng of an Ordinance to approve amending the Code of Ordinances, Chapter 2.114 relate d to the membershi p requi r e ments for the Strategi c Partnershi ps F or Communi ty Se r vi ces Advi sory B oard, repealing c onflicting Ordinances and Resolutions; and providing an effective date -- Shirley Rinn, Staff Liaiso n for the Strategic Partne rships fo r Co mmunity Se rvices Advisory Board (acti on requi red) Proje ct Update s Page 2 of 177 M Pro ject updates and status reports regarding current and future transportatio n and traffic project; street, sidewalk, and other infrastructure projects; police, fire and othe r public safety projects; eco nomic development projects; city facility projects;downtown proje c ts including parking enhancements,city lease agreements, and possible direction to city staff -- David Morgan, City Manager Public Wishing to Addre ss Council On a subje c t that is posted on this agenda: Ple ase fill out a speaker registratio n form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on whic h you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the me e ting. You will be called forward to speak when the Council conside rs that item. On a subje c t no t po sted on the agenda: P e rso ns may add an item to a future City Co uncil agenda by contac ting the City Secretary no later than noo n on the Wednesday prior to the Tuesday meeting, with the subje c t matter o f the topic they would like to address and their name. The City Secretary can be reache d at 51 2/93 0-3651. N - At the time of posting, no persons had signed up to address the City Council Exe cutive Se ssion In compliance with the Open Meetings Ac t, Chapter 551, Government Co de , Verno n's Texas Codes, Annotate d, the items listed below will be discussed in closed session and are subject to action in the regular se ssio n. O Se c . 55 1.0 71 : Consul tati on wi th Atto rney - Advice fro m attorney about pending or co ntemplated litigation and o ther matters on which the attorney has a duty to advise the City Co uncil, including agenda items - 3 83 4 Partners, Ltd—Settlement Agreement in Lieu of Condemnatio n Se c . 55 1.0 74 : Personnel Matter s - City Manager, City Attorney, City Se c retary and Municipal Judge: Consideration of the appointment, employment, evaluatio n, reassignment, duties, discipline, o r dismissal Se c . 55 1.0 86 : Competi ti ve Matters - Buc ktho rn Update Se c . 55 1.0 87 : Del i berati on Regardi ng Eco nomi c Devel opment - Pro ject Hop - Pro ject Cat Adjournme nt Ce rtificate of Posting I, Shelley No wling, City S ecretary for the C ity of Geo rgeto wn, Texas , do hereby c ertify that this Notic e o f Meeting was posted at City Hall, 113 E. 8th Street, a p lac e read ily acc es s ib le to the general pub lic at all times , o n the _____ day of _________________, 2016, at __________, and remained so p o s ted for at leas t 72 c o ntinuo us ho urs p receding the s cheduled time of s aid meeting. __________________________________ Shelley No wling, City S ecretary Page 3 of 177 City of Georgetown, Texas City Council Regula r Meeting October 11, 2016 SUBJECT: Cal l to Order Invocati on Pl edge of Al l e gi anc e Comments fro m the Mayo r - Breast Cancer Awareness Proclamation - Recognition o f Cardiac Arrest Survivor and Rescuers - National Colonial Heritage Month P roclamation - Community Planning Mo nth Proclamation - P lanning Department Reco gnitions Ci ty Counci l Re gi o nal Bo ard Reports Announcements - City Vendor Fair Acti on from Executi ve Sessi on ITEM SUMMARY: FINANCIAL IMPACT: NA SUBMITTED BY: Page 4 of 177 City of Georgetown, Texas City Council Regula r Meeting October 11, 2016 SUBJECT: Consideration and possible action to approve the mi nutes o f the Workshop and Re gular Meeting held on Tuesday, September 27, 20 16 -- Ro byn Densmore, Deputy City Secretary ITEM SUMMARY: FINANCIAL IMPACT: NA SUBMITTED BY: ATTACHMENT S: Description 09.27.2016 C o unc il Wo rksho p Minutes 09.27.2016 C o unc il Regular Minutes Page 5 of 177 Minutes of a Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, September 27, 2016 The Georgetown City Council will meet on Tuesday, September 27, 2016 at 4:00 PM at the Council Chambers, at 101 E. 7th St., Georgetown, Texas The city of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary’s Office, at least four (4) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8th Street for additional information; TTY users route through Relay Texas at 711. Mayor Ross Called the meeting to order at 4:01 PM. All Councilmembers were in attendance. Policy Development/Review Workshop – Call to order at 4:00 PM A Discussion and review regarding possible updates to the Main Street Façade and Sign Grant Program -- Shelly Hargrove, Main Street Manager Shelly Hargrove, Main Street Manager, presented on possible updates that could be made to the Main Street Façade and Sign Grant Program. Hargrove recognized Main Street Advisory Board (MSTAB) members in attendance. Hargrove reviewed the existing grant program and how it is a 50/50 matching grant with a maximum award of $10,000 for façade grants and a maximum reward of $500.00 for sign grants. The grants are available to commercial property owners and tenants of building/businesses located in the Downtown Overlay District. Applicants can apply every three years and, to date, close to $325,000.00 in grant funds have been awarded. Hargrove then showed before and after examples of work that has been completed with grant money at the Dimmitt Building and the Escape. Hargrove informed Council that the grants are presented at the quarterly Downtown Lowdown Meetings. Hargrove showed Council a chart that showed the amounts awarded for sign and façade grants from fiscal years 2013 to 2016. Hargrove then showed a chart illustrating the increase in Georgetown Swirl proceeds from fiscal years 2013 to 2016. Hargrove reviewed the following slide showing the recommendations from the MSTAB: Councilmember Steve Fought asked if the reason for the increase is it due to the high costs of ADA improvements. Hargrove responded that it was based on input from downtown stakeholders. Some stakeholders felt that the Page 6 of 177 increase in funds made the program more beneficial and some stakeholders have said that the costs associated with fire suppression is quite large. Tommy Gonzalez asked Hargrove to elaborate. Hargrove explained that some owners feel that the process is cumbersome. Fought asked Hargrove to clarify that most of the reasons for awarding the grant are external. Hargrove confirmed that was correct and the main goal is to increase curb appeal, but that adding the roof and foundation options keep the buildings in good working order. Councilmember John Hesser asked Hargrove to explain the Downtown program and asked why Council is involved if City funds are not being spent. Hargrove explained that it was because Council allows the MSTAB to fundraise, so they want to make Council aware of how funds are being spent. David Morgan also clarified that the MSTAB is a Council board, so they seek Council approval. Hesser asked about the implementation of the program and if the original needed work has been completed. Hargove explained that the program came about in 2001 when there was a fire in the Lockett building where Burger University is now located. This emergency need started the fund and the program has been continued because ongoing maintenance is needed and expensive. Hesser asked why people outside of the downtown area can’t ask for funds, for example, Williams Drive. Morgan explained that it is possible, but the current focus of the MSTAB is the downtown area. The downtown area is a regional and statewide draw. The Swirl fundraising continues to improve which leaves additional dollars available. The MSTAB wanted owners to know what funds were available and have identified what the costly elements are. Gonzalez asked if the increase will hamper more people from accessing the funds. Hargrove feels more people will apply for funds. Currently there is approximately $100,000.00 available because the Swirl profits continue to grow. The goal is to use all the available funds. Gonzalez asked if there is a matching grant. Hargrove confirmed that this a 50/50 matching grant. Racheal Jonrowe thanked Hargrove for the update and the volunteers for the hard work. Jonrowe then asked if lighting has ever been added. Hargrove said that lighting can be funded under the current plan. Jonrowe wants to make sure that owners are aware of that. Fought asked if the only tax money is the original $5,000.00 given to the Main Street Program. Hargrove confirmed that is correct. Mayor Dale Ross asked if the amount of signs increase over the years. Hargrove confirmed that the cost has increased and that is the reason for a $500.00 max. Ross asked about that rationale. Morgan stated that this is where the board has decided to put the money to work. Ross reiterated the original intent of the program was for façades that lead to the beauty of downtown and that structural improvements can’t be seen. Ross asked if someone is currently waiting for funds for fire suppression improvements. Hargrove stated that there are. Ross stated that Downtown needs to be a beautiful as possible and he’s not sure if fire suppression improvements align with the original intentions of the façade program. Morgan asked that Council make recommendations and then staff will bring back more information. Hesser asked that the original intentions be brought to Council. Hesser stated that the outside appearance is important, but he doesn’t feel that the City should fund improvements that would be required to meet building code. If the goal is to leave the original mission, then be clear on how the program plans to do so. Councilmember Keith Brainard asked if the outline of the overlay district is largely where the most funds are going. Hargrove stated that the majority of the funds are being used in the nine downtown blocks. Brainard asked if staff was advertising this program to other businesses. Hargrove stated that it is mentioned by several people to applicants during the permitting process. Brainard suggested knocking on doors to recommend signage improvements and to be more proactive for businesses that could benefit from the program. Brainard also asked if the Fire Department could quickly explain the current state of sprinklers in the Downtown area. Assistant Fire Chief Jeff Davis stated that currently there are six or seven business with working and up to date sprinkler systems but he is not sure about moving forward. Assistant Chief Shell would know more about that. Morgan will get staff to provide an assessment of the need for a future meeting. Davis will take this request back the Fire Department and have them prepare a response. Anna Eby stated that having been a HARC member and seen projects that have come forward, she is in favor of board’s recommendations, especially if funds are available and it’s what people want. Jonrowe agreed with Eby that if the MSTAB is raising their own funds then Council can be more hands off, and that fire suppression systems can effect neighbors of businesses. Ross asked how many businesses need assistance with fire suppression systems. Hargrove stated that very few are currently setup with proper fire suppression systems. Ross asked how do you determine who is worthy if you have several applicants. Hargrove stated that the program has always worked on first come, first served basis. Ross asked where you draw the line on functional equipment. Hargrove stated that business owners might do the improvements even without grants, but it is very cost prohibitive. Ross asked how fire suppression benefits the citizens. Hargrove state that it’s a matter of safety. Ross asked about the obligation of business owners to keep their properties safe. Hargove stated that they can take advantage of incentives and will hopefully do more than they originally intended to with the funds provided. Gonzalez asked if the organization raises its own funds, with the City contributing a small portion. Gonzalez would like to see City funds used for facades and raised funds used for whatever the board deems appropriate. Ross agreed with Hesser and would like to see the original mission of the board because the new recommendations seem like a policy change. Page 7 of 177 Morgan said staff will compile research and bring back answers to Council and that some items are code requirements that sometimes makes the projects more difficult. Hesser asked if the City can consider adding sprinkler systems to restaurants first. Eby feels that the process doesn’t have to be complicated and doesn’t feel that the board is promoting a policy change. Ross wants clarification on if the mission has changed, and if so, then it is a policy change. Morgan stated that staff will move forward with work and bring information back to Council and bring proposed recommendations regarding participation and increased fundraising. B Discussion and possible direction regarding the 2017 Music on the Square series and 2016 Music on the Square survey -- Cari Miller, Tourism Manager and Jackson Daly, Assistant to the City Manager Tourism Manager Cari Miller presented the results of the 2016 Music on the Square survey. Music on the Square started in 2012 as a way to drive additional traffic downtown and is held every Friday in June, July, and August on the Courthouse lawn. Staff felt that after completing the fifth season of Music in the Square it was a good time to reassess the program after receiving input from vendors that the Friday concerts were negatively impacting their business. A survey was administered online with three email reminders and flyers delivered via mail to businesses on August 12th and August 24th. Forty-four responses were received from thirty-nine unique businesses. Five of the businesses completed the survey twice. The survey targeted the eight blocks around the Courthouse. Thirty- seven of the forty-four responses were from businesses in the eight block area. There are fifty-seven total businesses in the eight block area, so the survey received an approximate 65% response. A meeting was held with downtown business owners on August 30th. Miller stated that the 2016 season was a huge success with attendance approximated between 400 and 1,200 people per concert. Miller reviewed the survey results. Question 1: Do you support Music on the Square in its current form? Forty-four answers were received for this question with thirty-one answering yes and thirteen answering no. Councilmember Keith Brainard asked if the businesses that filled out survey twice were being double counted. Miller informed him that they were double counted but they didn’t feel that it changed the overall results of the survey. Brainard asked if any of the double counted responses contradicted themselves. Miller said that only one did fill out contradictory survey results. Brainard felt that allowing the double counted results did skew the results. Councilmember Steve Fought asked if the double counted responses could be separated out. Fought asked of the five that were double counted, did they answer the question yes or no. Miller believed that two answered yes and three answered no. Fought felt that the five responses needed to be taken out. Question 2: Would you prefer Music on the Square to be on a different day of the week? Forty-four answers were received for this question with eighteen answering yes and twenty-six answering no. Question 3: What day would most complement your business? Thirty-nine answers were received for this question with five answering Sunday, zero answering Monday, zero answering Tuesday, two answering Wednesday, twelve answering Thursday, fifteen answering Friday, and five answering Saturday. Question 4: Would you prefer Music on the Square be at another location? Forty-four answers were received for this question with seven answering yes and thirty-seven answering no. Of the respondents who answered yes to this question, four respondents recommended moving the event to San Gabriel Park, one recommended moving the even to the west side of the Courthouse, one recommended having rotating location around the Square, and one person did not specify a new location. Question 5: Is your business open during Music on the Square? Forty-four answers were received for this question with twenty-seven answering yes and seventeen answering no. Question 7: Does Music on the Square increase your foot traffic to your business? Thirty-two answers were received for this question with thirteen answering yes and nineteen answering no. Twelve respondents skipped this question. Question 8: Does Music on the Square increase sales at your business? Thirty-two answers were received for this question with ten answering yes and twenty-two answering no. Twelve respondents skipped this question. Miller then reviewed the questions with just the twenty-seven responses of businesses that said they were open during Music on the Square. Question 1: Do you support Music on the Square in its current form? Twenty-seven answers with seventeen answering yes and ten answering no. Question 2: Would you prefer Music on the Square to be on a different day of the week? Twenty-seven answers with twelve answering yes and fifteen answering no. Question 3: What day would most complement your business? Twenty-four answers were received for this question with four answering Sunday, zero answering Monday, zero answering Tuesday, two answering Wednesday, seven answering Thursday, seven answering Friday, and four answering Saturday. Three responders skipped this question. Question 4: Would you prefer Music on the Square be at another location? Twenty-seven answers with seven answering yes and twenty answering no. Of the respondents who answered yes to this question, four respondents recommended moving the event to San Gabriel Park, one recommended moving the even to the west side of the Page 8 of 177 Courthouse, one recommended having rotating location around the Square, and one person did not specify a new location. Question 7: Does Music on the Square increase your foot traffic to your business? Twenty-seven answers with twelve answering yes and fifteen answering no. Question 8: Does Music on the Square increase sales at your business? Twenty-seven answers with nine answering yes and eighteen answering no. Staff said analysis of open-ended questions compliments the data received. At the August 30th public meeting, the attendees same to the consensus that Thursday would be the best day for Music on the Square. Staff suggests shifting the event to Thursday evening for the 2017 season and then reassessing what night is best for the event after that. Staff will continue to work with Williamson County Museum and Downtown Georgetown Association. Staff is seeking direction from Council and will communicate any changes to the stakeholders and will begin promoting the 2017 season in December. Fought stated that he has attended the event and it’s crowded and he sees many reasons why people who attend on Friday won’t go on Thursday. Fought wouldn’t change the event and doesn’t think that the statistics are strong enough to change. Mayor Dale Ross noted that if the majority of business owners who took the survey liked Friday, then why change it to Thursday. Miller stated it was because of the face to face meeting with downtown stakeholders on August 30th. Ross stated that he feels that the event coincides nicely with First Friday. Councilmember John Hesser stated that he saw 60 percent of respondents wanted another night and asked who pays for the event. Miller stated that the City pays for the bands seven times through the course of the event, the Williamson County Museum pays for three dates, and the Downtown Georgetown Association payed for three times also. Miller then stated that bands receive $300 no matter what the crowd attendance is, the bands have contracts, and must submit to participate. Miller clarified for Fought that the objective was to get people and business downtown when the event started in 2012. Hesser asked Miller how she would rate her success in achieving that objective. Miller stated she would rate it a nine out of ten. Councilmember Rachael Jonrowe stated that this was a good problem to have and is willing to try something new. Jonrowe also stated that since the event is in summer time it creates less of a school night conflict issue and staff can regroup if the day change doesn’t work out. Ross asked Miller about the consensus of the survey. Miller stated that the survey showed a tie between Thursday night and Friday night. Councilmember Tommy Gonzalez asked if the event is broken. Miller stated it was not broken. Gonzalez asked if the event was not broken, then why change it. Miller stated that staff had started to receive feedback from business owners that Friday night was starting to negatively affect their business. Miller also stated that most businesses are already very busy on Friday nights, so business owners want to move it to Thursday nights in hopes of increasing business on that night. Gonzalez stated that he thinks the crowd available for Friday won’t be as available for Thursday and if the program is successful, then why change it because current method is good. Councilmember Keith Brainard stated that some responses suggest that music combined with First Friday is a problem and wondered if staff could just cancel the dates that coincide with First Friday. Miller stated that staff had not considered that option, but it is a great suggestion. Ross stated that most Councilmembers like keeping the event on Fridays. Councilmember Ty Gipson asked for clarification on stakeholder meeting feedback versus the survey feedback. City Manager, David Morgan, stated that feedback was similar, but many suggested a different day of the week with no clear majority. Fought stated that Council is here to serve all business and that people vote with their feet and he personally wouldn’t participate on a Thursday night event. Councilmember Anna Eby stated that she didn’t feel there was any harm in trying a change because there is some interest. Gipson stated that some businesses are not open during the event and asked if they were voting. Morgan stated that those businesses had been segregated out of the results and the survey concentrated on those that were open. Ross stated that he agrees with Fought and business owners are only a portion of the stakeholders. Ross also stated that the survey results are skewed because people were allowed to vote multiple times. Ross then asked the Council what they wanted staff to do. Councilmembers Fought, Hesser, Gonzalez and Brainard were in favor of keeping the event on Friday. Councilmembers Jonrowe and Eby were in favor of trying the event on Thursday. Councilmember Gipson is in favor of Fridays with the considerations for conflict with First Fridays. C Presentation and overview of the CAMPO/City of Georgetown Williams Drive Study -- Nat Waggoner, Transportation Services Analyst, AICP, PMP and Andreina Davila-Quintero, Project Coordinator Transportation Services Analyst, Nat Waggoner, presented an overview of the CAMPO/City of Georgetown Williams Drive Study. Waggoner praised Principle Planner Jordan Maddox and Project Coordinator Andreina Davila-Quintero. Waggoner also thanked members of the community Andy Webb and Troy Hellman, who contributed their areas of expertise. Finally, Waggoner thanked members of the Executive Team for their assistance. Page 9 of 177 Waggoner described the Study Area and the desire to create a welcoming gateway to the City. Waggoner reviewed the purpose and goals and of the study. The purpose of the study is to develop a plan of action that will incorporate safety, efficient transportation operation, safe accommodations of all modes, the integration of smart transportation and land use, community needs, and the future economic growth of Williams Drive. The goals for Williams Drive include: enhance multimodal movements and transportation operation, support corridor-wide and regional sustainable growth and economic development, protect and enhance the corridor’s quality of life, and encourage development that creates a variety of context sensitive mixed-use services that are accessible to neighborhoods. Waggoner stated that the study needs to be based in reality and what the community is telling us. The objectives of the study include: an effective outreach program that engages stakeholders as participants in the design, a transformative physical design based on market practicality, technical requirements, and available financial resources require for its implementation, and an engaging design process that inspires participation across the life-cycle of the study from design through implementation. Efforts of this study will align with the Retail and Recruitment Study being led by Davila-Quintero. Waggoner stated that the Budget and Finance Departments will also be included in the process to utilize Tax Increment Reinvestment Zone (TIRZ) funds. Waggoner mentioned a possible fourth objective of coordinating work to accomplish all needed objectives, including Rivery Boulevard extension, construction of the Northwest Boulevard Bridge, improvements of Rivery Boulevard from Williams Drive, and southbound frontage road improvements near Rivery Boulevard. These are projects that will involve State and City offices and need to be coordinated effectively. The project approach will consist of four steps: discovery, desire, design, and documentation. Discovery will be achieved by using data and outreach with the team building a database for analysis and evaluation. Desire will be addressed by employing a stakeholder driven process to identify multimodal options, redevelopment changes and the addition of secondary circulation systems. Design will be achieved by using a broad range of analytical tools to assure that consensus drive solutions are based on sound principles and are defined. Documentation will be achieved by having an end result that will be a prioritized implementation plan for community-based transportation improvement. Waggoner stated that the goal is to finish the plan in nine months. The first public meeting to discuss existing conditions will take place by mid-October. The second public meeting to develop a concept plan will be completed by mid-January. A draft of recommendations and implementation strategies will be completed by mid-February and the final report will be completed by the end of March. Waggoner explained that there is a stand-alone public engagement plan that explains who is doing what and how those things will be shared with the public. Waggoner stated that open houses are good, but sometimes there is a disconnect between the public and the planners. Staff will host a week long session with public availability and include the public in listing problems and visualizing solutions. There will also be sidebar meetings with Texas Department of Transportation (TxDOT) to discuss market reality and other issues. These meetings will take place November 12th through 16th. Waggoner stated that staff is creating an Existing Conditions Briefing Book that will be graphically driven and the basis for the first public meeting. The three main areas covered in the Briefing Book will be transportation, market study, and land use. The transportation section will cover travel times and safety. Williams Drive connects a number of communities and retail centers to both I-35 and Downtown, and for some it is the only feasible connection available. Under typical conditions, traveling the length of the corridor by car takes less than fifteen minutes. Travel options for Williams Drive appear to be fairly extensive network, but when dead-end, cul-de-sac, and other disconnected streets are removed, the effective street network is limited. Safety is a critical component to this study. DB Wood at Shell Road is the City’s most dangerous intersection and is currently as big as it can ever be, causing adding issues. Waggoner then went on to explain the market study, demographics, and real estate trends as illustrated here: Page 10 of 177 Page 11 of 177 Waggoner explained the land use in the Williams Drive corridor: Waggoner referenced the 2015 Land Use Map. The map includes parcels that go outside the study area, but those parcels still may affect the study area. Waggoner then referenced the Susceptibility to Change Map while noting that it is very subjective and can change over time. Waggoner presented the next steps of the process, which include finalizing the Existing Conditions Report, giving public notification of the first public meeting, and then holding the first public meeting. Councilmember Brainard asked if TxDOT is funding a large portion. Waggoner replied that yes TxDOT is funding $200,000.00 and the City is funding $50,000.00. Brainard then asked why TxDOT was not as involved as the City. Waggoner clarified that TxDOT is funding the project, but the Capital Area Metropolitan Planning Organization (CAMPO) is administering the project via an agreement between TxDOT and CAMPO. Page 12 of 177 Brainard then asked if this study could lead to the revision of suggested future land uses. Waggoner stated that yes, it could by making changes to the City Code of Ordinances. Councilmember John Hesser asked Waggoner to provide him with a copy of the presentation prior to the first public meeting. Waggoner stated he will do so. Mayor Ross recessed the meeting into Executive Session under Section 551.071 and Section 551.074 at 5:14 PM. 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. D Sec. 551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items - Potential litigation involving property at I-35 and Leander Road - 815 S. Main St. - Settlement Agreement with KDR Equities, LLC Sec. 551.074: Personnel Matters - City Manager, City Attorney, City Secretary and Municipal Judge: Consideration of the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal Adjournment Mayor Ross adjourned the meeting at 6:00 PM to call the regular City Council meeting to order. ____________________________________________________________________________________________________ Approved by the Georgetown City Council on _____________________________ Date ____________________________ __________________________ Dale Ross, Mayor Attest: City Secretary Page 13 of 177 The Georgetown City Council will meet on Tuesday, September 27, 2016 at 6:00 PM at the Council Chambers at 101 E. 7th St., Georgetown, Texas The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary’s Office, at least four (4) days prior to the scheduled meeting date, at (51z2) 930-3652 or City Hall at 113 East 8th Street for additional information; TTY users route through Relay Texas at 711. Mayor Ross called the meeting to order at 6:01 PM. All Councilmembers were in attendance. Regular Session (This Regular session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) A Call to Order Invocation Pledge of Allegiance Comments from the Mayor - Manufacturer’s Day Proclamation - Public Power Week Proclamation - Police Department Promotions City Council Regional Board Reports - None at this time. Announcements - Williams Drive Study Public Open House - Vote for Best of Georgetown - National Night Out - International Walk to School Day Action from Executive Session - Motion by Mayor Pro-Tem Steve Fought to approve the Resolution approving the Compromise and Settlement Agreement in Lieu of Condemnation between the City of Georgetown and KDR Equities, LLC. Second by Councilmember John Hesser. Approved 7-0. Statutory Consent Agenda The Statutory Consent Agenda includes non-controversial and routine items that may be acted upon with one single vote. An item may be pulled from the Consent Agenda in order that it be discussed and acted upon individually as part of the Regular Agenda. B Consideration and possible action to approve the minutes of the Workshop and Regular Meeting held on Tuesday, September 13, 2016 -- Shelley Nowling, City Secretary C Consideration and possible action to appoint Robyn Densmore as a Deputy City Secretary for the City of Georgetown -- Shelley Nowling, City Secretary D Consideration and possible action to approve the appointment of Katherine Kainer to the Parks and Recreation Advisory Board to fill a vacancy -- Mayor Dale Ross E Consideration and possible action to award the blanket agreement for paper products and janitorial supplies to Gulf Coast Supply in the estimated amount of $80,000.00 -- Leigh Wallace, Finance Director Minutes of a Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, September 27, 2016 Page 14 of 177 F Consideration and possible action to approve a Site Analysis Map for the proposed conservation subdivision of 25.03 acres in the Orville Perry Survey, located at 650 F.M. 971, to be known as Village on San Gabriel -- Sofia Nelson, CNU-A, Planning Director G Consideration and possible action to approve the renewal of an existing agreement between the City of Georgetown and Dr. Ryan Ramsey as Medical Director for the Fire/Medical Department -- John Sullivan, Fire Chief This item was pulled from the Statutory Consent Agenda by Councilmember John Hesser and made the first item on the Legislative Regular Agenda. H Forwarded from Georgetown Utility Advisory Board (GUS): Discussion and possible action to procure consulting services with Neil McAndrews and Associates, for Resource Price Risk Management -- Chris Foster, Manager of Resource Planning & Integration I Forwarded from Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to approve the purchase of Bioxide from Evoqua Water Technologies LLC of Sarasota, Florida in an amount not to exceed $70,000.00 for Fiscal Year 2016/2017 -- Glenn Dishong, Utility Operation Director Councilmember John Hesser moved to pull item G to the Legislative Regular Agenda. Councilmember Keith Brainard moved to approve the Consent Agenda with the exception of Item G, second by Councilmember Ty Gipson. Approved 7-0. Legislative Regular Agenda G Consideration and possible action to approve the renewal of an existing agreement between the City of Georgetown and Dr. Ryan Ramsey as Medical Director for the Fire/Medical Department -- John Sullivan, Fire Chief This item was pulled from the Statutory Consent agenda and made the first item on the Legislative Regular Agenda. Item G was presented by Assistant Fire Chief Jeff Davis. Councilmember John Hesser asked about the increase in compensation and what the differences are in the new arrangement. Davis explained the increase in cost is due to the increase in job duties for Dr. Ramsey. Davis also explained that Dr. Ramsey is now required to have a minimum number of hours worked instead of limiting him to a maximum number of hours. Hesser asked who would be paying the liability insurance premiums. City Manager David Morgan clarified that Dr. Ramsey would pay the liability portion of the insurance premiums. Morgan also expanded that Dr. Ramsey would do the pre-employment annual screenings of firefighters. Motion by Councilmember Rachael Jonrowe, second by Hesser to approve Item G. Approved 7-0. J Consideration and possible action to amend an existing contract with Carl Walker, Inc. for Professional Services for a Comprehensive Parking Study to include Parking Strategies to Maximize Parking, a Parking Implementation Plan, and Review Public Private Partnerships Proposals that include a Parking Component -- Jackson Daly, Assistant to the City Manager Assistant to the City Manager, Jackson Daly, described the amendment to the existing contract with Carl Walker, Inc. for Profession Services for a Comprehensive Parking Study to include parking strategies to maximize parking, a Parking Implementation Plan, and reviewed the Public Private Partnerships Proposals that include a Parking Component. Daly reviewed the findings of the parking study. Daly explained the recommendations of staff to. Councilmember Ty Gipson asked if the study would evaluate City partnerships. Daly informed Council that yes, it would. Motion by Councilmember Rachael Jonrowe, second by Gipson to approve Item J. Approved: 7-0. K Consideration and possible action to approve changes to the application process for the Georgetown Housing Tax Credit resolution requests -- Jennifer C. Bills, AICP, LEED AP, Housing Coordinator Housing Coordinator Jennifer Bills described the changes to the application process for the Georgetown Housing Tax Credit resolution requests. This topic was presented at last Council workshop on September 13, 2016. The proposed changes apply to 4% and 9% new construction projects. Developers will notify residential neighborhoods within ½ mile of the proposed site. At least two public meetings will be held, one held a minimum of three weeks before City Council meeting and the City must be notified of all meetings. Housing Tax Credit zoning reviews for 9% competitive projects, the site must have already submitted rezoning applications, or have appropriate zoning, and received staff analysis. Housing Tax Credit zoning reviews for 4% non-competitive projects must have their site zoned before making a request. Page 15 of 177 Here are the proposed deadlines for applications: Projects must include the current two times ratio for Georgetown, surrounding cities and other comparable Texas cities and provide an estimate of the new two times ration with proposed units. Motion by Councilmember Steve Fought, second by Councilmember Rachael Jonrowe to approve Item K. Fought thanked Bills for her changes to the process and said that it has now made the process fair and equitable. Approved: 7-0 L Consideration and possible action to approve the FY17 agreement for reimbursement of $1,679,587 via Exhibit C of the Interlocal Agreement with Williamson County Emergency Services District #8 -- John Sullivan, Fire Chief Page 16 of 177 Assistant Fire Chief Jeff Davis described the agreement for reimbursement of $1,697,597.00 via Exhibit C of the Interlocal Agreement with Williamson County Emergency Service District #8 for Fiscal Year 2017. The agreement was approved by ESD #8 at their September 21, 2016 meeting. Motion by Councilmember Rachael Jonrowe, second by Councilmember Keith Brainard to approve Item L. Approved: 7-0 M First Reading of an Ordinance to approve amending the Code of Ordinances, Chapter 2.114 related to the membership requirements for the Strategic Partnerships for Community Services Advisory Board, repealing conflicting Ordinances and Resolutions; and providing an effective date -- Shirley J. Rinn, Executive Assistant to the City Manager and Staff Liaison for the SPCS Advisory Board (action required) Executive Assistant to the City Manager and Staff Liaison to the Strategic Partnerships for Community Services Advisory Board (SPCS) Shirley Rinn presented an Ordinance to approve amending the Code of Ordinances, Chapter 2.114 related to the membership requirement for the Strategic Partnerships for Community Services Advisory Board, repealing conflicting Ordinance and Resolution, and proving an effective date. Rinn stated that SPCS assist Council with grant funding requests, she said the board had reviewed current board requirements and presented recommendations to changes in board requirements. It is now recommended that the board include two members with knowledge of local nonprofits instead of one and one citizen at large instead of two. Motion by Councilmember Rachael Jonrowe, second by Councilmember Keith Brainard to approve Item M. Approved: 7-0 N First Reading of an Ordinance zoning for traffic and rate of speed therein, in the City Limits of the City of Georgetown, on Pedernales Falls Drive between Cool Springs Way and Rocky Hollow Creek Drive and Rocky Hollow Creek Drive between Pedernales Falls Drive and County Road 245, defining speeding and fixing a penalty therefore declaring what may be a sufficient complaint in prosecutions hereunder with a saving clause repealing conflicting laws and establishing an effective date -- Wesley Wright, P.E., Systems Engineering Director (action required) Systems Engineering Director Wesley Wright presented an Ordinance zoning for traffic and rate of speed therein, in the city limits of Georgetown, on Pedernales Fall Drive between Cool Springs Way and Rocky Hollow Creek Drive and Rocky Hollow Creek Drive between Pedernales Falls Drive and County Road 245, defining speeding and fixing a penalty therefore declaring what may be a sufficient complaint in prosecutions hereunder with a saving clause repealing conflicting laws and established an effective date. Wright informed Council that Sun City is expanding and speed limits are 30 mph unless otherwise posted. The new Ordinance proposes increasing the rate of speed to 35 mph. Motion by Councilmember John Hesser, second by Councilmember Ty Gipson to approve Item N. Approved: 7-0 O First Reading and Public Hearing of an Ordinance for a Special Use Permit to allow a lumber yard in the General Commercial (C-3) District at 300 Leander Road, also being Lot 2, Hope McCoy Subdivision -- Sofia Nelson, CNU- A, Planning Director (action required) Planning Director Sofia Nelson presented an Ordinance for a special use permit to allow a lumber yard in the General Commercial (C-3) District at 300 Leander Road. Nelson stated that the property is currently used for a lumberyard and split by two zoning uses. Zoning use C-3 does not currently allow for a lumberyard. The existing business would like to expand and that is what is requiring the Special Use Permit. The Planning Department feels that the use is adequate and appropriate and meets future land use of area, as the proposed conceptual site layout, circulation plan, and design are harmonious with the character of the surround area. Staff recommends approval of the Ordinance. The Planning and Zoning Committee recommends approval with the condition of new solid wood fencing be used. Nelson then read the Ordinance caption. Mayor Dale Ross then opened the Public Hearing at 6:45 PM. The manager of the property in question Ronnie Foust did have concern with the wooden fence requirement, but is willing to put a wooden fence in front of the chain link fence needed for security purposes. Nelson then explained that it is required that the fenced area of the property must been screened. Staff recommends placing a wooden fence in front of chain link fence. The Public Hearing closed at 6:48 PM. Councilmember Brainard asked if the property would be cutting a new driveway. Nelson informed Council that a new driveway would be cut to help with business traffic. Brainard asked if the main form of traffic was 18 wheel trucks carrying lumber. Foust stated that he didn’t anticipate additional traffic and adding the extra driveway will help with public safety and improve the existing flow of traffic. Brainard asked Foust about his view on the fencing. Foust stated that chain link fence would not look nice in that area because it is a gateway, but they are willing to build a wooden fence to conceal the chain link fence. Motion by Brainard to include the stipulation of building a wooden fence to conceal the chain link fence, second by Councilmember Rachael Jonrowe to approve Item O. Page 17 of 177 Approved: 7-0 P Second Reading of an Ordinance approving and adopting the final 2017 Service Plan, 2016 Assessment Roll, establishing classifications for the apportionment of costs and the methods of assessing special assessments for the services and improvements to property in the Georgetown Village Public Improvement District No. 1 (GVPID), closing the hearing and levying assessments for the cost of certain services and improvements to be provided in the GVPID during 2017, fixing charges and liens against the property in the GVPID and against the owners thereof, and providing for the collection of the assessments -- Andreina Davila-Quintero, Project Coordinator (action required) Project Coordinator, Andreina Davila-Quintero, described the final 2017 Service Plan and the 2016 Assessment Roll. She discussed the classifications for appointment of costs and the methods used to assess special assessments for the services and improvements to the property. Davila-Quintero read the Ordinance caption. Motion by Councilmember Ty Gipson, second by Councilmember Rachael Jonrowe to approve Item P. Approved: 7-0 Q Second Reading of an Ordinance rezoning approximately 71.29 acres in the John Berry and Antonio Flores Surveys from the Agriculture (AG) District to 55.99 acres of Residential Single-family (RS) District, 11.65 acres of High Density Multifamily (MF-2) District, and 3.65 acres of the Local Commercial (C-1) District, located at the southwest corner of the intersection of the Georgetown Railroad with Northeast Inner Loop -- Sofia Nelson, CNU-A, Planning Director (action required) Planning Director Sofia Nelson presented an Ordinance rezoning 11.5029 acres in the Barney Low Survey from the Agriculture (AG) District to the Local Commercial (C-1) District, located at 1070 Westinghouse Road. Nelson stated that interim zoning is agriculture and it has a zoning designation of moderate residential. The current request is asking for multiple zoning designations at this time: 56 acres for Single Family Residential (RS), 3.6 acres for Local Commercial District (C-1) and 11.6 acres for High Density Multi-Family (MF-2), which allows for 24 residents and acre. Staff has reviewed this for consistency with the rezoning criteria and feels that is has met the needed criteria and recommends approval. The Planning and Zoning Commission recommended approval by 7-0 vote at their August 16th meeting. Nelson read the Ordinance caption. Motion by Councilmember Rachael Jonrowe, second by Councilmember Tommy Gonzalez to approve Item Q. There was no discussion. Approved: 7-0 R Second Reading of an Ordinance Rezoning 11.5029 acres in the Barney Low Survey from the Agriculture District (AG) to the Local Commercial District (C-1) located at 1070 Westinghouse Road -- Sofia Nelson, CNU-A, Planning Director (action required) Planning Director Sofia Nelson presented an Ordinance rezoning 11.5029 acres in the Barney Low Survey from the Agriculture (AG) District to the Local Commercial (C-1) District, located at 1070 Westinghouse Road. Nelson stated that interim zoning is agriculture and it has a zoning designation of mixed use community. Staff has reviewed the request for consistency for the zoning criteria and believes that the request meets the needed requirements. The Planning and Zoning Committee approved the request by a vote of 7-0 at their August 16th meeting. Nelson read the Ordinance caption. Motion by Councilmember Rachael Jonrowe, second by Councilmember Anna Eby to approve Item R. There was no discussion. Approved: 7-0 S Second Reading of an Ordinance rezoning approximately 54.537 acres of the W. Addison Survey from the Agriculture (AG) District to the Planned Unit Development (PUD) District, located at 1951 FM 1460 -- Sofia Nelson, CNU-A, Planning Director (action required) Sofia Nelson, Planning Director, presented an Ordinance rezoning approximately 54.537 acres in the W. Addison Survey from the Agriculture (AG) District to the Planned Unit Development (PUD) District, located at 1951 FM 1460. At maximum the use will allow for 235 units and identifies parkland and open space on the perimeter. Here are the major variances for the area: Page 18 of 177 Page 19 of 177 Page 20 of 177 Staff has reviewed the request and feels that it is generally consistent with the criteria outlined in the Unified Development Code and the Planning and Zoning Commission has recommended approval of the requests. Nelson read the Ordinance caption. Motion by Councilmember Rachael Jonrowe, second by Councilmember Anna Eby to approve Item R. There was no discussion. Approved: 7-0 Project Updates T Project updates and status reports regarding current and future transportation and traffic project; street, sidewalk, and other infrastructure projects; police, fire and other public safety projects; economic development projects; city facility projects; and downtown projects including parking enhancements and possible direction to city staff -- David Morgan, City Manager Page 21 of 177 Mayor Ross asked City Manager David Morgan if he had any project updates to discuss. Morgan had no updates. Public Wishing to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. U At the time of posting, no persons had signed up to address the City Council. Adjourn Motion by Councilmember Ty Gipson, second by Councilmember Steve Fought, to adjourn the meeting. Approved 7-0. Mayor Ross adjourned the meeting at 7:03 PM. 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. V Sec. 551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items - Potential litigation involving property at I-35 and Leander Road - 815 S. Main St. - Settlement Agreement with KDR Equities, LLC Sec. 551.074: Personnel Matters - City Manager, City Attorney, City Secretary and Municipal Judge: Consideration of the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal ____________________________________________________________________________________________________ Approved by the Georgetown City Council on _____________________________ Date ____________________________ __________________________ Dale Ross, Mayor Attest: City Secretary Page 22 of 177 City of Georgetown, Texas City Council Regula r Meeting October 11, 2016 SUBJECT: Forwarded fro m the Li brary Advi sory B oard: Consideration and po ssible action autho rizing library staff to purchase books from Ing ram, Inc. in a total amount not to exceed $140,0 00 .00 for fiscal year 2016-2017 -- Eric Lashley, Library Director ITEM SUMMARY: In Texas, o nly library materials vendo rs Ingram, Inc. and Baker & Taylor are set-up to handle the vo lume o f singe-title sales a library generates. Fiscal responsibility dictates that we give most o f our business to the one with the deepest discounts. The library's budget for materials for FY 16-17 is $156,0 00 . In FY 15-16, under co ntract 7 15-M2, we spent $110 ,83 7 with Ingram because they gave us the deepest discounts: 47 % for hardcover bo oks, 41 % for paperbac ks, and 45.5% for audio books. We also receive free shipping under this co ntract. On August 16 , 2 01 6, the Library Advisory Bo ard voted unanimo usly to appro ve using Ingram, Inc. as the library's primary vendor for acquiring new materials. FINANCIAL IMPACT: Library staff be lie ves that giving the bulk our our business to Ingram, Inc. is the most co st-effective way to operate. SUBMITTED BY: Lawren Weiss ATTACHMENT S: Description Ingram vs. Baker & Taylo r Page 23 of 177 Page 24 of 177 Page 25 of 177 Page 26 of 177 City of Georgetown, Texas City Council Regula r Meeting October 11, 2016 SUBJECT: Consideration and possible action to approve a Resolution authorizing the vacati o n and abandonment of (1 ) a remainder of a 10-foot right of way and ease ment recorded in Vo lume 852, P age 47 1 of the Offic ial Public Records of Williamson County, Texas; and (2 ) a remainder of a 2 0-fo ot right of way and easement recorded in Volume 678, Page 4 93 of the Official P ublic Records o f Williamson County, Texas; bo th easeme nts be ing property out of the David Wright Surve y, Abstract 13 , now known as Lot 1, B l ock F of the De er Haven Subdi vi si on, a subdivision recorded as 2016 06 09 70 in the Plat Reco rds of Williamson County, Texas, and to authorize the Mayor to execute a quitclaim deed -- Travis Baird, Real Estate Services Co ordinator ITEM SUMMARY: The City has received a request fo r the abandonment of a 0.157-acre tract that is the remainders of an existing 20 ' Easement and Right of Way and 10’ Ease ment and Right of Way that bisect the subject property. This property is located on Williams Drive in the newly platted Deer Haven Subdivision. The property is currently vacant, but is proposed for development fo r co mmercial use. The easement is situated in such a way as to impe de co nstruction of buildings on the property. There are no utilities currently within the easeme nt are a, and other easements have been granted to e nsure utility access. The propo sed resolution will authorize the abandonment of the both e ase ment remainders. Staff recommends Co uncil appro ve a resolution abandoning the e ase ment and authorizing the Mayor to sign a quitclaim deed. FINANCIAL IMPACT: N/A SUBMITTED BY: Travis Baird ATTACHMENT S: Description Res o lutio n P ac kage S ketch of Area to b e Releas ed Page 27 of 177 Page 28 of 177 Page 29 of 177 Page 30 of 177 Page 31 of 177 Page 32 of 177 Page 33 of 177 Page 34 of 177 Page 35 of 177 Page 36 of 177 Page 37 of 177 City of Georgetown, Texas City Council Regula r Meeting October 11, 2016 SUBJECT: Forwarded fro m the G eo rgetown Economi c Devel o pment Corporati on (GEDCO): Consideration and possible action regarding a pe r fo r mance ag reement with Rentsch B rew ery -- Michaela Dollar, Director of Eco nomic Development ITEM SUMMARY: At its Septe mber 1 3, 2016 meeting, City Council reviewe d a request for eco nomic development inc entives to offset the cost of utility improvements for the expansion of Rentsch Brewery. After consideration of the expansion details and economic impact, City Council dire c ted staff to present the pro ject to GEDCO fo r further review and creation of an incentive package. GEDCO re viewed the inc e ntive request at its Septe mber 19, 20 16 meeting with a motio n Mo tion finding that the P roje c t Hop infrastruc ture expenditures are necessary to pro mote or deve lo p expanded business e nterprises and authorizing the GEDCO President to sign a P e rformance Agreement with Project Hop as discussed in Executive Session. GEDCO then directed staff to c re ate a Performance Agreement fo r City Council approval. Now, staff re spectfully requests that City Council review and approve the attached Performance Agre e ment between Rentsch Brewe ry and GEDCO. FINANCIAL IMPACT: $70,000 out of GEDCO(Type A Sales Tax) funds SUBMITTED BY: Michaela Dollar, Directo r of Economic Developme nt ATTACHMENT S: Description P erfo rmanc e Agreement Page 38 of 177 PERFORMANCE AGREEMENT This PERFORMANCE AGREEMENT by and between RENTSCHLER BREWING LLC, a Texas Limited Liability Company (hereinafter referred to as “Rentschler”), and the GEORGETOWN ECONOMIC DEVELOPMENT CORPORATION, a Texas non-profit corporation (hereinafter referred to as the “GEDCO”), is made and executed on the following recitals, terms and conditions. WHEREAS, Rentschler has applied to GEDCO for financial assistance for an expansion of their existing operation including new equipment/furnishings and square footage at 2500 NE Inner Loop, Georgetown, Williamson County, Texas (hereinafter referred to as the “Property”); and WHEREAS, Rentschler plans to spend approximately $70,000 for infrastructure costs related to the expansion and will invest $1.5 million dollars over the next three years in the expansion of their facility; and WHEREAS, the expansion requires an upgraded electric transformer and upgraded waterlines to the facility that will cost approximately $70,000; and WHEREAS, GEDCO is a Type A economic development corporation operating pursuant to Chapter 504 of the Texas Local Government Code, as amended (also referred to as the “Act”), and the Texas Non-Profit Corporation Act, as codified in the Texas Business Organizations Code, as amended; and WHEREAS, Section 501.103 of the Texas Local Government Code, in pertinent part, defines the term “project” to mean “expenditures that are found by the board of directors to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises, limited to: (1) streets and roads, rail spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site improvements, and related improvements; (2) telecommunications and Internet improvements;…”; and WHEREAS, Section 501.158 of the Texas Local Government Code prohibits GEDCO from providing a direct incentive to or making an expenditure on behalf of a Rentschler under a project unless GEDCO enters into a performance agreement with the Rentschler; and WHEREAS, the GEDCO’s Board of Directors have determined the financial assistance provided to Rentschler pursuant to this Agreement is consistent with and meets the definition of “project” as that term is defined in Section 501.103 of the Texas Local Government Code; and the definition of “cost” as that term is defined by Section 501.152 of the Texas Local Government Code; and WHEREAS, Rentschler agrees and understands that Section 501.073(a) of the Texas Local Government Code requires the City Council of the City of Georgetown, Texas, to approve all programs and expenditures of GEDCO, and accordingly this Agreement is not effective until Page 39 of 177 Page 2 of 10 Performance Agreement GEDCO – Rentschler Brewing LLC 10/6/2016 3:03:14 PM City Council has approved this project at a City Council meeting called and held for that purpose. NOW, THEREFORE, for and in consideration of the agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, GEDCO and Rentschler agree as follows: SECTION 1. FINDINGS INCORPORATED. The foregoing recitals are hereby incorporated into the body of this Agreement and shall be considered part of the mutual covenants, consideration and promises that bind the parties. SECTION 2. DEFINITIONS. The following words shall have the following meanings when used in this Agreement. Act means Chapters 501 to 505 of the Texas Local Government Code, as amended. Agreement means this Performance Agreement, together with all exhibits and schedules attached to this Performance Agreement from time to time, if any, and the Related Documents. City means the City of Georgetown, Texas, a Texas home-rule municipality, whose address for the purposes of this Agreement is 113 E. 8th St. Georgetown, Texas 78626. Effective Date means the date the City Council approves this Agreement. Event of Default means and includes any of the Events of Default set forth below in the section entitled “Events of Default.” Qualified Expenditures means those certain expenditures by Rentschler that are associated with the construction of the infrastructure described in Exhibit A. Related Documents means and include without limitation all instruments and documents, whether now or hereafter existing, executed in connection with GEDCO providing financial assistance to Rentschler pursuant to this Agreement. SECTION 3. AFFIRMATIVE COVENANTS OF RENTSCHLER. Rentschler covenants and agrees with GEDCO that it shall comply with the following terms and conditions: Qualified Expenditures. Rentschler covenants and agrees to complete the capital expenditures related to the expansion on or before March 1, 2017. Rentschler covenants and agrees to Page 40 of 177 Page 3 of 10 Performance Agreement GEDCO – Rentschler Brewing LLC 10/6/2016 3:03:14 PM document the capital investment in a form reasonably acceptable to GEDCO. Ad Valorem Taxes. Rentschler shall pay by January 31 of each year all of the business personal ad valorem taxes due for the previous tax year on the Property. Additional Assurances. Rentschler agrees to make, execute and deliver to GEDCO such other instruments, documents and other agreements as GEDCO or its attorneys may reasonably request to evidence this Agreement. Performance. Rentschler agrees to perform and comply with all terms, conditions, and provisions set forth in this Agreement and in all other instruments and agreements between Rentschler and GEDCO. Compliance with Laws and Regulations. Rentschler covenants and agrees to comply with all federal, state and local laws and regulations applicable to its business and operations. SECTION 4. AFFIRMATIVE COVENANTS OF GEDCO. GEDCO covenants and agrees with Rentschler that GEDCO shall comply with the following terms and conditions: Financial Assistance. GEDCO shall provide the financial assistance for the actual costs incurred related to the Qualified Expenditures in an amount not to exceed $70,000. GEDCO shall process payment within thirty (30) days after (1) Rentschler receives a final certificate of occupancy from the City of Georgetown for its expansion; and (2) Rentschler submits a request for payment for payment along with documentation showing the actual costs incurred related to the Qualified Expenditures. Performance. GEDCO agrees to perform and comply with all terms, conditions, and provisions set forth in this Agreement and in all other instruments and agreements between Rentschler and GEDCO. SECTION 5. CESSATION OF FINANCIAL ASSISTANCE. If GEDCO has made any commitment to make any reimbursement to Rentschler, whether under this Agreement or under any other agreement, GEDCO shall have no obligation to advance or disburse financial assistance pursuant to this Agreement if: (i) Rentschler becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged bankrupt; or (ii) an Event of Default occurs. Page 41 of 177 Page 4 of 10 Performance Agreement GEDCO – Rentschler Brewing LLC 10/6/2016 3:03:14 PM SECTION 6. EVENTS OF DEFAULT. Each of the following shall constitute an Event of Default under this Agreement: (a) Affirmative Covenants of Rentschler. Failure of Rentschler to comply with any of the Affirmative Covenants included in Section 3 of this Agreement is an Event of Default. (b) Affirmative Covenants of GEDCO. Failure of GEDCO to comply with any of the Affirmative Covenants included in Section 4 of this Agreement is an Event of Default. (c) False Statements. Any warranty, representation, or statement made or furnished to GEDCO by or on behalf of Rentschler under this Agreement or the Related Documents that is false or misleading in any material respect, either now or at the time made or furnished is an Event of Default. (d) Insolvency. Rentschler’ insolvency, appointment of receiver for any part of Rentschler’ property, any assignment for the benefit of creditors of Rentschler, any type of creditor workout for Rentschler, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Rentschler is an Event of Default. (e) Other Defaults. Failure of Rentschler or GEDCO to comply with or to perform any other term, obligation, covenant or condition contained in this Agreement or in any of the Related Documents, or failure of Rentschler or GEDCO to comply with or to perform any other term, obligation, covenant or condition contained in any other agreement between GEDCO and Rentschler is an Event of Default. SECTION 7. EFFECT OF AN EVENT OF DEFAULT. The non-defaulting party shall give written notice to the other party of any Event of Default, and the defaulting party shall have thirty (30) days to cure said default. Should said default remain uncured as of the last day of the cure period, and the non-defaulting party is not otherwise in default, the non-defaulting party shall have the right to immediately terminate this Agreement. SECTION 8. INDEMNIFICATION. Rentschler shall indemnify, save, and hold harmless GEDCO, its directors, officers, agents, attorneys, and employees (collectively, the “Indemnitees”) from and against: (i) any and all claims, demands, actions or causes of action that are asserted against any Indemnitee if the claim, demand, action or cause of action directly or indirectly relates to tortious interference with contract or business interference, or wrongful or negligent use of GEDCO’s funds by Rentschler or its agents and employees; (ii) any administrative or investigative proceeding by any governmental authority directly or indirectly related, to a Page 42 of 177 Page 5 of 10 Performance Agreement GEDCO – Rentschler Brewing LLC 10/6/2016 3:03:14 PM claim, demand, action or cause of action in which GEDCO is a disinterested party; (iii) any claim, demand, action or cause of action which directly or indirectly contests or challenges the legal authority of GEDCO or Rentschler to enter into this Agreement; and (iv) any and all liabilities, losses, costs, or expenses (including reasonable attorneys’ fees and disbursements) that any Indemnitee suffers or incurs as a result of any of the foregoing; provided, however, that Rentschler shall have no obligation under this Section to GEDCO with respect to any of the foregoing arising out of the gross negligence or willful misconduct of GEDCO or the breach by GEDCO of this Agreement. If any claim, demand, action or cause of action is asserted against any Indemnitee, such Indemnitee shall promptly notify Rentschler, but the failure to so promptly notify Rentschler shall not affect Rentschler’ obligations under this Section unless such failure materially prejudices Rentschler’ right to participate in the contest of such claim, demand, action or cause of action, as hereinafter provided. If requested by Rentschler in writing, as so long as no Default or Event of Default shall have occurred and be continuing, such Indemnitee shall in good faith contest the validity, applicability and amount of such claim, demand, action or cause of action and shall permit Rentschler to participate in such contest. Any Indemnitee that proposes to settle or compromise any claim, demand, action, cause of action or proceeding for which Rentschler may be liable for payment of indemnity hereunder shall give Rentschler written notice of the terms of such proposed settlement or compromise reasonably in advance of settling or compromising such claim or proceeding and shall obtain Rentschler’ concurrence thereto. SECTION 9. MISCELLANEOUS PROVISIONS. Amendments. This Agreement, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by GEDCO and Rentschler, and approved by the City Council. Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Williamson County, Texas. Venue for any action arising under this Agreement shall lie in the state district courts of Williamson County, Texas. Assignment. This Agreement may not be assigned without the express written consent of the other party, and approval of the City Council. Binding Obligation. This Agreement shall become a binding obligation on GEDCO and Rentschler upon execution by the Parties, and approval of the City Council. Rentschler warrants and represents that the individual executing this Agreement on behalf of Rentschler has full authority to execute this Agreement and bind Rentschler to the same. GEDCO warrants and represents that the individual executing this Agreement on its behalf has full authority to execute Page 43 of 177 Page 6 of 10 Performance Agreement GEDCO – Rentschler Brewing LLC 10/6/2016 3:03:14 PM this Agreement and bind it to the same. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of the Agreement. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall constitute one and the same document. Notices. Any notice or other communication required or permitted by this Agreement (hereinafter referred to as the “Notice”) is effective when in writing and (i) personally delivered by hand or (ii) mailed with the U.S. Postal Service, postage prepaid, certified with return receipt requested, and addressed as follows: If to Rentschler: Rentschler Brewing LLC 2500 NE Inner Loop, Suite 3105 Georgetown, Texas 78626 Attn: Telephone: (512) If to GEDCO: Georgetown Economic Development Corporation 113 E 8th Street Georgetown, Texas 78626 Attn: City Manager Telephone: (512) 930-3546 Severability. If a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. Time is of the Essence. Time is of the essence in the performance of this Agreement. Undocumented Workers. Rentschler certifies that the Rentschler does not and will not knowingly employ an undocumented worker in accordance with Chapter 2264 of the Texas Government Code, as amended. If Rentschler is convicted of a violation under 8 U.S.C. § 1324B(f), Rentschler shall repay the amount of the public subsidy provided under this Agreement plus interest, at the rate of six percent (6%), not later than the 120th day after the date GEDCO notifies Rentschler of the violation. Page 44 of 177 Page 7 of 10 Performance Agreement GEDCO – Rentschler Brewing LLC 10/6/2016 3:03:14 PM RENTSCHLER ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS PERFORMANCE AGREEMENT AGREES TO ITS TERMS. THIS PERFORMANCE AGREEMENT IS DATED EFFECTIVE AS OF THE EFFECTIVE DATE AS DEFINED HEREIN. Signed and agreed to on the _____________ day of _______________, 2016 RENTSCHLER BREWING LLC, a Texas limited liability company By: Name: Title: THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this ____ day of ______________, 2016, by __________, as _________ of Rentschler Brewing LLC, a Texas Limited Liability Company, on behalf of said Company. Notary Public – State of Texas Page 45 of 177 Page 8 of 10 Performance Agreement GEDCO – Rentschler Brewing LLC 10/6/2016 3:03:14 PM Signed and agreed to on the _____________ day of _______________, 2016. Georgetown Economic Development Corporation A Texas non-profit corporation By: ___________________________ ________________, President Attest: By: _______________________________ _________________, Secretary THE STATE OF TEXAS § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this ____ day of ______________, 2016, by ___________________, as President of Georgetown Economic Development Corporation, a Texas non-profit corporation, on behalf of said corporation. Notary Public – State of Texas Page 46 of 177 Page 9 of 10 Performance Agreement GEDCO – Rentschler Brewing LLC 10/6/2016 3:03:14 PM CERTIFICATION OF CITY COUNCIL APPROVAL I hereby certify that the foregoing Performance Agreement of the Georgetown Economic Development Corporation and the Project described therein was approved by the City Council of the City of Georgetown, Texas, on the _____ day of ____________________ 2016. THE CITY OF GEORGETOWN, TEXAS A Texas home-rule municipality By: Dale Ross, Mayor By: Shelley Nowling, City Secretary APPROVED AS TO FORM: By: _________________________________ Charlie McNabb, City Attorney Page 47 of 177 Exhibit A Georgetown Utility Systems ‐ 2" Water Meter Connection Fees Georgetown Utility Systems ‐ 2" Water Meter Impact Fees Georgetown Utility Systems ‐ Sewer Impact Fees Georgetown Utility Systems ‐ Transformer Upgrade Costs City of Georgetown ‐ Certificate of Occupancy Fees City of Georgetown ‐ Building Permit Fees Utility Services ‐ 2" Tap, Meter, Service Line City of Georgetown ‐ Fire Department Review Fees Page 48 of 177 City of Georgetown, Texas City Council Regula r Meeting October 11, 2016 SUBJECT: Consideration and possible action to approve the re quest for a Revocabl e Li cense by H4 WR, LP to allow the pl acement of a si gn and l andscapi ng i n the medi an o f Wol f Ranch Parkway at the north i ntersecti on wi th State Hi ghw ay 29, and to authorize the P lanning Director to execute the Revocable Lic e nse Agreement -- Travis Baird, Re al Estate Services Coo rdinato r ITEM SUMMARY: The City has received a request to grant a Revocable License to Enc roac h into the right of way of Wolf Ranch Parkway. The developer of the Wo lf Ranc h Subdivisio n is reque sting the right to place a community sign, in the general design as outlined in the de velopment agreeme nt with the City, in the median o f Wolf Ranch Parkway at the north intersection with SH-29. The sign will carry the name of the subdivision as well as the City o f George to wn logo, and will have vario us aesthetic enhanceme nts. The sign's propo sed location will not negative ly impact driver visibility and maintenance of both the sign and the landscaping will be the responsibility of the development. Staff reco mmends the approval of the Revocable License and authorization of the Planning Director to execute the Revocable License Agreement. FINANCIAL IMPACT: N/A SUBMITTED BY: Travis Baird ATTACHMENT S: Description Res o lutio n P ac kage Licens e Agreement Exhib it A-Sign Lo c atio n Exhib it B- Rend ering Exhib it C- Plan P ro p o s ed Sign and Loc ation P res entation Page 49 of 177 Page 50 of 177 Page 51 of 177 Page 52 of 177 Page 53 of 177 Page 54 of 177 Page 55 of 177 Page 56 of 177 Page 57 of 177 Page 58 of 177 Page 59 of 177 Page 60 of 177 Page 61 of 177 Page 62 of 177 North Median of Wolf Ranch Parkway and SH-29 - License Agreement - Page 1 of 5 REVOCABLE LICENSE AGREEMENT THE STATE OF TEXAS * * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON * This is a Revocable License Agreement by and between the City of Georgetown, a Texas home-rule municipal corporation (hereinafter referred to as "LICENSOR"), and H4 WR, LP, a Texas limited partnership, whose address is 3090 Olive Street, Suite 300, Dallas, Texas 75219 (hereinafter referred to as "LICENSEE”). LICENSOR hereby grants a license to the said LICENSEE to permit a sign and attendant landscaping to be located in the Right of Way within the median of Wolf Ranch Parkway at the north side of the intersection with State Highway 29, as shown on Exhibit "A” attached hereto and incorporated herein by reference for all purposes (“hereinafter referred to as the “PROPERTY”), owned and occupied by the City of Georgetown, Williamson County, Texas, but such improvements shall at all times not be in contact with any electric, water, sewer, or other utility, or equipment, or interfere in any way with such utility, improvements and o ther property, or the operation of the above mentioned roadway facilities , and subject to the following terms and conditions: Neither the granting of the license, nor any related permit, constitutes an abandonment by LICENSOR of its property, easement or easements, or any other rights in and to the above - described property. LICENSEE expressly stipulating and agreeing by LICENSEE's acceptance of this license that LICENSEE neither asserts nor claims any interest or right of any type or nature whatsoever, legal, equitable or otherwise in or to LICENSOR's property. LICENSEE hereby expressly covenants, stipulates and agrees, without limitation, to indemnify and defend the LICENSOR and hold it harmless from any and all liability, claim, cause of action, and cost, including attorneys' fees, and including any acts or omissions of the LICENSOR, its officers, agents, and employees, which may grow out of or be attributable to the granting by the LICENSOR of said license and any supplemental license which may hereafte r be issued in connection herewith including any inspections which may be conducted in connection with or pursuant to said license or any supplemental license. LICENSEE, at its own expense, shall restore or cause to be restored the subject property to as good a condition as existed prior to construction of the improvements which are the subject of this License Agreement. LICENSEE shall pay all costs of relocation of any public utilities or facilities which may be incurred as a result of the proposed construction or actual construction. LICENSEE agrees to comply with all laws and ordinances in the construction and maintenance of said improvements, and specifically shall abide by Chapter 12.09 of the Code of Ordinances. A. If an inspection reveals that any part of the structure or facility or other aspect of the licensed area does not comply with applicable terms and provisions of the City Code of Ordinances, the owner of the structure or facility shall be notified and required to make such repairs as are necessary in order to comply with the applicable terms and provisions of the City Code of Ordinances. If any Licensee fails and refuses to allow the Director, or his designee, to come upon or enter the licensed area for the purpose of making an inspection, he may be prosecuted under the terms of Chapter 12.09 of the Code of Ordinances, and the Director may revoke the revocable license for the licensed area, and such action shall be final. B. The City shall have the right at any and all times upon 180 days written notice to the Licensee, its representatives, successors or assigns, to take possession of and use all or Page 63 of 177 North Median of Wolf Ranch Parkway and SH-29 - License Agreement - Page 2 of 5 any part of the licensed area in the event that such use be reasonably desired or needed by the City for street, sewer, transportation or any other pu blic or municipal use or purpose, and in such event, the City shall have the right to cancel the revocable license as to that portion of the licensed area so designated and required by the City. C. The Licensee shall have the right at any time upon 180 days written notice to the City, to relinquish the use and possession of all or any part of the licensed area as it may so determine and to cancel said revocable license as to that part so relinquished. D. Upon the lawful termination of a revocable license issue d hereunder, in whatsoever manner such termination may be made, Licensee, assigns, successors and representatives, bind and obligate themselves to restore the licensed area to the original condition as it existed prior to any construction, or to fulfill any other reasonable conditions for the restoration of the licensed area which may be acceptable to the City, and should the Licensee, assigns, successors, or representatives fail or refuse to do so within 90 days after such termination then in that event the City may do or have done the work necessary for such purpose at the sole cost, risk, liability and expense of Licensee, their assigns, successors and representatives. E. Upon written consent of the City, acting by and through the Director, the License e may, at his sole cost, risk liability and expense including public liability and property damage insurance in the amounts specified in Subsection 12.010.030 D.6. of Code of Ordinances, remove, reroute, reconstruct, lower or raise any existing utility lines, public or private sewer lines, water lines, including storm sewers, pipes or conduits presently located within a public street, roadway, sidewalk or easement or the City's right-of-way, provided that before changing or interfering with any such utility lines as described aforesaid, the Licensee shall notify the respective utility companies and the City, owning or operating the aforesaid utility lines, concerning any and all changes, modifications, rerouting of or any interference whatsoever with the aforesaid utility lines, pipes or conduits. Any necessary changes, modifications, rerouting or interference with the aforesaid utility lines, pipes or conduits shall be done under the direction of the representatives of the respective utility companies or th e City, as the case may be. F. After the completion of any construction within a licensed area under the terms of a revocable license granted hereunder, should the City desire to lay or construct its utility lines, including sewer lines, water lines, or any other pipes, or conduits under, across, or along said streets within its right-of-way, any and all additional cost for the laying or construction of the aforesaid utility lines, including pipes and conduits, within said street or right -of-way, which may occur by reason of the existence of said construction, shall be paid to the City by the said Licensee, his assigns, successors and representatives. G. Solely as between the City and the Licensee, and not for the benefit of any other person, the Licensee, by acceptance of such revocable license, hereby waives any claim he, or any heirs, successors or assigns might have for damages for loss of lateral support to any other improvements hereby contemplated which loss of lateral support might be occasioned by any improvements which the City, its assigns, grantees, or licensees might install or construct. H. The Licensee, or his successors, assigns, or representatives, by the acceptance of such revocable license, agree, obligate and bind himself or itself to indemnify and does hereby indemnify and hold and save forever harmless solely the City, any of its agencies, and any person acting through or on behalf of the City, from all liability, cost or damage on account of Licensee's use, occupancy and m aintenance pursuant to this License of any part of a public Page 64 of 177 North Median of Wolf Ranch Parkway and SH-29 - License Agreement - Page 3 of 5 street, roadway, sidewalk or easement or the City's right -of-way and the structures and facilities therein, including by way of example, but not by way of limitation, any buildings, piers, fences, pools, walls, patios, decks basements, etc. constructed on the surface or the subsurface of any public street or right -of-way. This indemnity shall continue in force and effect during the existence of any revocable licenses issued under the provisions of this Chapter. I. No transfer or assignment of any revocable license granted under the terms and provisions of this Chapter shall be effective unless and until: 1. The Licensee has, in writing, advised the Director of the name and mailing address of the transferee or assignee; and 2. The transferee or assignee has furnished the Director its written agreement to assume and perform all of the duties, covenants and obligations of the revocable license; and, thereupon, each provision of the revocable li cense shall be binding upon, and inure to the benefit of, the transferee or assignee of the Licensee. J. The breach or violation of any one of the terms, provisions, or conditions set forth in this Chapter shall be sufficient to constitute grounds for t he cancellation and forfeiture of the revocable license granted under the authority of Chapter 12.09 of the Code of Ordinances. Any such cancellation and forfeiture may be exercised upon 20 days written notice by the City to the Licensee, a representative or successor, unless, at the expiration of such time, any such violation or breach has ceased or the Licensee is proceeding with all diligence and good faith to remedy any such violation or breach and thereafter continues without delay with such remedial work or correction until such violation or breach has been completely remedied, and, any person violating any of the provisions of this Chapter may be prosecuted as provided in Chapter 12.09 of the Code of Ordinances . If any person or the owner of land abutting a public street, roadway, sidewalk or easement or the City's right-of-way reveals by his application for a building permit or other authorization of the City that any new, remodeling or renovating construction is desired to be made within any part of a public street, roadway, sidewalk or easement or the City's right -of-way, the requested revocable license will be reviewed for compliance with the terms and provisions of Chapter 12.09 of the Code of Ordinances , and in addition, be subject to the following conditions: K. The proposed use of a public street, roadway, sidewalk or easement or the City's right -of- way by any person or the abutting land owner shall not interfere with the City's lawful use thereof. L. The proposed construction within a public street, roadway, sidewalk or easement or the City's right-of-way shall be in accordance with the City's Construction Standards, Unified Development Code, and any other applicable ordinances and regulations. M. At all times during the construction and building of any structure within a public street, roadway, sidewalk or easement or the City's right-of-way: 1. The street or highway shall be kept open for vehicular and pedestrian traffic in a reasonable manner and no obstruction of the sidewalks s hall be allowed in such a way as to prevent the use thereof by pedestrians; 2. Dirt and other material removed from the building and construction of any such structure within a public street, roadway, sidewalk or easement or the City's right-of-way shall not Page 65 of 177 North Median of Wolf Ranch Parkway and SH-29 - License Agreement - Page 4 of 5 be allowed to remain on the street or sidewalk, but all such dirt and other materials shall be removed immediately at the sole cost, risk, liability and expense of Licensee; 3. All excavations and obstructions of any kind where allowed during the pe riod of Licensee's construction, shall be properly barricaded, and well illuminated during the night time, all subject to the approval of the Building Official. N. After the completion of the construction within a licensed area, the Licensee shall at his own cost and expense replace any sidewalks and surface of any streets that were damaged or removed in the construction of any structures or facilities in a condition equally as good as they were immediately prior to the time of excavation or construction , and all of such sidewalks and streets shall be maintained in a good and useable condition for one year after said sidewalks or streets have been replaced, all subject to the approval of the Director. All damage, if any, to said sidewalks and streets caus ed by the construction, use, maintenance and operation by Licensee shall be repaired by and at the cost and expense of the Licensee. In the event Licensee fails or refuses to proceed with diligence with the performance of any work in connection with the replacement, rebuilding or resurfacing of streets and sidewalks within 30 days after receiving written notice from the Director, the City may do such work or cause same to be done, all at the sole risk, cost, liability and expense of Licensee. O. The Licensee, or his successors, assigns or representatives agree, obligate and bind himself or itself to indemnify and does hereby indemnify and hold and save forever harmless the City, from all liability, cost or damage on account of Licensee’s construction within a public street, roadway, sidewalk or easement or the City's right-of-way, or on account of Licensee’s using, occupying, preparing, maintaining and operating any such improvements therein. This license shall expire automatically upon removal of the impr ovements located upon the property pursuant to this license. This license shall be effective upon the acceptance of the terms hereof by the LICENSEE, as indicated by the signature of LICENSEE and the approval thereof by the City. The license shall be filed of record in the Official Records of Williamson County, Texas. SIGNED and Agreed to on this ______ day of ________________, 20 16. LICENSOR: LICENSEE: City of Georgetown H4 WR, LP, a Texas limited partnership By: By: BOH Investments GP, LLC, Sofia Nelson, Director, a Delaware limited liability company, Planning Department its general partner By: Name: Title: Page 66 of 177 North Median of Wolf Ranch Parkway and SH-29 - License Agreement - Page 5 of 5 APPROVED AS TO FORM: Charlie McNabb City Attorney STATE OF TEXAS ) ) ACKNOWLEDGMENT COUNTY OF WILLIAMSON ) This instrument was acknowledged before me on the _____ day of _______________, 2016, by Sofia Nelson for the City of Georgetown, a Texas home -rule municipal corporation, on behalf of said corporation. ________________________________ Notary Public, State of Texas STATE OF TEXAS ) ) ACKNOWLEDGMENT COUNTY OF WILLIAMSON ) This instrument was acknowledged before me on the _____ day of _______________, 2016, by ________________, in his/her official capacity as _____________, on behalf of BOH Investments GP, LLC, a Delaware limited liability company, on behalf of said limited liability company in its capacity as general partner of H4 WR, LP, a Texas limited partnership on behalf of said limited partnership. ________________________________ Notary Public, State of Texas Page 67 of 177 PROPOSED SIGN LOCATION 1 0000-00 Oct 2016 AAA AA AA Date: Oct 05, 2016 10:30:29 AM User: ALivingston File: H:\projects\507\90\61\GIS\Sign Exhibit - Only.mxd 9 .5 0 ' 4 0 . 0 0 ' SIGN LOCATION (28' 8" X 3' 6") RIM ELEVATION: 829.28'8" PVC NORTH IN: 818.68'8" PVC WEST IN: 818.70'8" PVC EAST IN: 818.65'8" PVC SOUTH OUT: 818.08' T X D O T R O W T X D O T R O W T X D O T R O W Imagery ©2016 , CAPCOG THIS DOCUMENT HAS BEEN PRODUCED FROM MATERIAL THAT WAS STORED AND/OR TRANSMITTED ELECTRONICALLY AND MAY HAVE BEEN INADVERTENTLY ALTERED. RELY ONLY ON FINAL HARDCOPY MATERIALS BEARING THE CONSULTANT'S ORIGINAL SIGNATURE AND SEAL. DRAWN JOB NO. DATE DESIGNER CHECKED SHEET REVISIONS: TEXAS BOARD OF PROFESSIONAL ENGINEERS, FIRM REGISTRATION # 470 7800 SHOAL CREEK BLVD SUITE 220 WEST AUSTIN, TEXAS 78757 PHONE: 512.454.8711 FAX: 512.459.8867 Legend Sign Location Landscape Area ³ 0 5025Feet Page 68 of 177 Exhibit “B” Page 69 of 177 SIGNAGE DETAILS (MEDIAN SIGN) LS 6.06 Designed: Drawn: Reviewed: Date Issued: Revisions: Sheet Title: Sheet Number: Project Number: Austin, Texas 78701 (512) 327-1011 Fax: (512) 327-0488 Landscape Architects Planners 1705 Guadalupe Street, Suite 500 Project: WOLF RANCH WEST PHASE I Streetscape, Entry and Park Package HILLWOOD COMMUNITIES GEORGETOWN, TEXAS A15273 MAY 20, 2016 ED, JR RMS ED, JR Not for regulatory approval, permitting or construction. FOR REVIEW ONLY. 100% PRICING SET SCALE: 1/4"=1'-0" MEDIAN SIGN WALL SIDE VIEW3 SCALE: 1/4"=1'-0" MEDIAN SIGN WALL ELEVATION2 SCALE: 1/4"=1'-0" MEDIAN SIGN WALL PLAN1 Page 70 of 177 Revocable License-Wolf Ranch Parkway at SH-29 (north intersection) Rendering of Sign to be Constructed North Intersection of Wolf Ranch Parkway @ SH-29 Page 71 of 177 Revocable License Agreement -Item: Request for a Revocable License to place a sign in the median of Wolf Ranch Parkway, at the north intersection with SH-29 Page 72 of 177 Proposed Sign •Community branding sign, part of the Wolf Ranch Development Agreement with Hillwood. •Feature community name “Wolf Ranch” and City name with Signature “G” in a brushed aluminum color scheme. •Sign will be 28’ 8” x 3’ 6” x 6’ 0”. •Logos halo backlit with warm white LED lights. Page 73 of 177 Proposed Sign-Rendering City of GeorgetownPage 74 of 177 Proposed Sign-Design Sheet City of GeorgetownPage 75 of 177 Intersection-Wolf Ranch & SH-29 City of GeorgetownPage 76 of 177 Proposed Location of Sign City of Georgetown Excerpt from License Exhibit “A”: Provided by Pape- Dawson Engineers Page 77 of 177 City of Georgetown, Texas City Council Regular Meeting October 11, 2016 S UBJECT: Consideration of approval of the Strategi c Partnershi ps for Communi ty Servi ces Advi sory Board’s recommendations for grant al l ocati ons for FY 2016- 17 for Fai th i n Acti on G eorgetow n and Lone Star Ci rcl e of Care and consideration of approval of a Resolution authorizing amended Strategi c P artnershi ps for Communi ty Servi ces Fundi ng Agreements between the City of Georgetown and Fai th In Acti on Georgetown and Lone Star Ci rcl e of Care and for these agencies and organizations to continue to provide services for the citizens of Georgetown—Shirley Rinn, Executive Assistant to the City Manager and Liaison to the Strategic Partnerships for Community Services Advisory Board ITEM SUMMARY: The Strategic Partnerships for Community Services Advisory Board met on July 6, 2016 and approved funding recommendations to be presented to the City Council for SPCS Grants FY 2016-17. The City Council approved the Strategic P artnerships for Community Services (SPCS) Advisory Board’s recommendations at its August 9, 2016 Council Meeting and the Funding Agreements were approved at the September 13, 2016 Council Meeting. Staff has discovered that there was incorrect information included in the backup materials that were presented to the City Council regarding the SPCS Advisory Board’s recommendations as outlined below: AGENCY P RESENTED TO COUNCIL SPCS ADVISORY B OARD’S RECOMMENDATIONS RESTRICTIONS BIG (Brookwood in Georgetown)$25,000 $25,000 Boys & Girls Club of Georgetown $50,000 $50,000 Caring Place $50,000 $50,000 CASA $15,000 $15,000 Fai th i n Acti on G eorgetow n $35,000 $32,000 GENaustin $10,000 $10,000 Georgetown Project $42,000 $42,000 Habitat for Humanity $25,000 $25,000 Grant Funds to be restricted to Home Repair Program in Georgetown Hope Alliance $40,000 $40,000 Lone Star Ci rcl e of Care $35,000 $40,000 Grant Funds to be Restri cted to Adul t Dental Care R.O.C.K. (Ride on Center for Kids)$37,000 $37,000 Stonehaven Senior Center $12,000 $12,000 The Locker $10,000 $10,000 Williamson County Master Gardeners $12,000 $12,000 TOTAL $398,000 $400,000 The City Council is asked to consider the approval the recommendations that were made by the Strategic Partnerships for Community Services Advisory Board at its July 6, 2016 Meeting, as outlined above. The SPCS Advisory Board’s recommendation for Faith in Action should have been $32,000 instead of $35,000 and for Lone Star Circle of Care the recommendation should have been $40,000 instead of $35,000. Accordingly, Council is also asked to consider approval of a Resolution authorizing Amended Strategic Partnerships for Community Services Funding Agreements between the City of Georgetown and Faith In Action Georgetown and Lone Star Circle of Care and for these agencies and organizations to continue to provide services for the citizens of Georgetown. ATTACHMENTS 1. Resolution and proposed Amended Funding Agreements. For Faith In Action Georgetown and Lone Star Circle of Care F INANCIAL IMPACT: Funding for these Agreements is included in the FY 2016-17 Annual Operating Plan. S UBMITTED BY: Shirley J. Rinn, Executive Assistant to the City Manager ATTACHMENTS: Description Resolution Amending Performance Agreements Faith In Actio n Amended Funding Agreement Lone Star Circle of Care Amend ed Funding Agreement Page 78 of 177 Resolution No. Description: 2016/17 Amended SPCS Funding Agreements with Faith in Action and Lone Star Circle of Care Date of Approval: Page 1 of 3 RESOLUTION NO. A Resolution authorizing Amended Funding Agreements between the City of Georgetown and Faith In Action Georgetown and Lone Star Circle of Care and for these agencies and organizations to continue to provide services for the citizens of Georgetown, and authorizing the Mayor to execute same and the City Secretary to attest. WHEREAS, the City Council finds that the City of Georgetown values partnerships with organizations that are committed to addressing our community’s greatest public challenges; and WHEREAS, the purpose of City funding to the nonprofit sector is to cultivate and sustain partnerships with 501(c)3 organizations that strengthen the City’s key priorities in the following areas: Public Safety, Transportation, Housing, Parks & Recreation, Veteran Services, and Safety Net; and WHEREAS, the Key Priority areas are defined as follows: Public Safety. • While the City is Georgetown’s Public Safety leader (Fire & Police), public safety also encompasses a broad scope of work that makes this community safe for all. Eligible organizations and programs may include those that contribute to safe neighborhoods such out of school time, youth empowerment, and neighborhood community centers. Transportation. • Eligible organizations include those that assist in meeting the transportation needs of Georgetown residents unable to access private transportation such as homebound seniors and youth under the age of 16 years. Housing. • Eligible organizations include those that offer emergency shelter, transitional or temporary housing, and affordable housing. Parks & Recreation. • Eligible organizations include those that provide affordable, accessible activities that enhance Georgetown residents’ health and well-being, including sports, fitness, and other recreational programs. Page 79 of 177 Resolution No. Description: 2016/17 Amended SPCS Funding Agreements with Faith in Action and Lone Star Circle of Care Date of Approval: Page 2 of 3 Veteran’s Services • Support veteran programs and services within the community. Safety Net. • The City recognizes its responsibility to support efforts to address this community’s most pressing basic needs. Examples of basic needs include food insecurity, emergency financial assistance, mental/behavioral health care, substance abuse, domestic/family violence, and health care. Safety Net priorities will be based on ongoing analysis of unmet existing needs and emerging needs in this community, and may change over time; and WHEREAS, the City Council finds that the provision of such services as defined above accomplishes a public purpose and benefits the community of Georgetown, Texas as they enhance the quality of life and the overall economic development of the city per Chapter 380 of the Local Government Code; and WHEREAS, the City of Georgetown and Faith in Action Georgetown desire to enter into an agreement in the provision of Safety Net, Transportation, and Public Safety Services to assist Faith in Action to provide and support volunteer driver recruitment and training programs to ensure the continuance of providing timely, reliable, door-through door, assisted transportation to help seniors remain independent and improve their quality of life; and WHEREAS, the City of Georgetown and Lone Star Circle of Care desire to enter into an agreement to assist LSCC in the provision of Safety Net Services to provide adult dental care services for City of Georgetown citizens who are uninsured and underserved, regardless of patients’ insurance status or ability to pay. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION 2. The Mayor is hereby authorized to execute, and the City Secretary to attest thereto, Amended Funding Agreements Faith In Action Georgetown and Lone Star Circle of Care, and on behalf of the City of Georgetown in substantially the same form as denoted in the attached exhibits. Page 80 of 177 Resolution No. Description: 2016/17 Amended SPCS Funding Agreements with Faith in Action and Lone Star Circle of Care Date of Approval: Page 3 of 3 SECTION 3. This resolution shall be effective immediately upon adoption. RESOLVED this _________ day of October, 2016. ATTEST: THE CITY OF GEORGETOWN: __________________________ ______________________________ Shelley Nowling, City Secretary Dale Ross, Mayor APPROVED AS TO FORM: __________________________ Charlie McNabb City Attorney Page 81 of 177 2016/2017 Amended Strategic Partnerships for Community Services Funding Agreement Faith In Action Georgetown Page 1 COUNTY OF WILLIAMSON § AMENDED AGREEMENT § BETWEEN THE § CITY OF GEORGETOWN AND STATE OF TEXAS § FAITH IN ACTION GEORGETOWN This is an agreement between the City of Georgetown, a Texas Home Rule Municipal Corporation (City), and Faith in Action Georgetown (Faith in Action), for the fiscal year from October 1, 2016, through September 30, 2017 (Agreement). The City of Georgetown values partnerships with organizations that are committed to addressing our community’s greatest public challenges, and the purpose of City funding to the non-profit sector is to cultivate and sustain partnerships with 501(c)3 organizations that strengthen the City’s key priorities in the following areas: Public Safety, Transportation, Housing, Parks & Recreation, Veteran Services, and Safety Net, further defined as follows: Public Safety. • While the City is Georgetown’s Public Safety leader (Fire & Police), public safety also encompasses a broad scope of work that makes this community safe for all. Eligible organizations and programs may include those that contribute to safe neighborhoods such out of school time, youth empowerment, and neighborhood community centers. Transportation. • Eligible organizations include those that assist in meeting the transportation needs of Georgetown residents unable to access private transportation such as homebound seniors and youth under the age of 16 years. Housing. • Eligible organizations include those that offer emergency shelter, transitional or temporary housing, and affordable housing. Parks & Recreation. • Eligible organizations include those that provide affordable, accessible activities that enhance Georgetown residents’ health and well-being, including sports, fitness, and other recreational programs. Veteran’s Services • Support veteran programs and services within the community. Page 82 of 177 2016/2017 Amended Strategic Partnerships for Community Services Funding Agreement Faith In Action Georgetown Page 2 Safety Net. • The City recognizes its responsibility to support efforts to address this community’s most pressing basic needs. Examples of basic needs include food insecurity, emergency financial assistance, mental/behavioral health care, substance abuse, domestic/family violence, and health care. Safety Net priorities will be based on ongoing analysis of unmet existing needs and emerging needs in this community, and may change over time. 1. The City finds that Faith in Action provides Transportation, Safety Net, and Public Safety, Services for the community, as defined above; Faith in Action accomplishes a public purpose and benefits the community of Georgetown, Texas as it enhances the quality of life and the overall economic development of the City per Chapter 380 of the Local Government Code. The City finds that the services Faith in Action will provide pursuant to this Agreement are services that the City would provide, absent this Agreement, within the vision and limitations otherwise placed upon the City. 2. In consideration for the services Faith in Action provides pursuant to this Agreement, the City agrees to pay Faith in Action an amount not to exceed a total of $32,000 to be paid in a one-time lump sum payment by October 15, 2016. 3. As consideration for the funds to be paid by the City, Faith in Action agrees to provide the following as a condition of this Agreement: A. provide and support volunteer driver recruitment and training programs to ensure the continuance of providing timely, reliable, door-through door, assisted transportation to help seniors remain independent and improve their quality of life; B. coordinate as appropriate with the City and other community service providers in the provision of services to Georgetown residents; C. provide a final report to the City on or before October 31, 2017 that specifically identifies and includes: 1. how the City’s funds were used; 2. an analysis of the goal set forth in the evaluation section of the grant application, including outputs and outcomes; 3. the total numbers served and the total number Georgetown citizens served; and D. provide to the City a copy of Faith in Action’s annual independent auditor’s report based upon its fiscal year. 4. This Agreement shall not be altered, waived, amended or extended, without the written consent of both parties. 5. Faith in Action may not assign this Agreement to another party without the written consent of the City. Page 83 of 177 2016/2017 Amended Strategic Partnerships for Community Services Funding Agreement Faith In Action Georgetown Page 3 6. Either party may terminate this Agreement for any reason with written notice to the other party. Notice of termination shall be hand-delivered or sent by certified mail, return receipt requested, to the following addresses: David Morgan, City Manager Vickie Orcutt, Executive Director City of Georgetown Faith in Action Georgetown P. O. Box 409 P.O. Box 743 Georgetown, TX 78627-0409 Georgetown, Texas 78627-0743 All obligations under this Agreement shall cease, and the City shall only fund those expenses that actually were expended, up to the date the notice of termination is received. EXECUTED this day of October, 2016. THE CITY OF GEORGETOWN FAITH IN ACTION GEORGETOWN _________________________ __________________ __________ Dale Ross, Mayor Vickie Orcutt, Executive Director ATTEST: APPROVED AS TO FORM: _________________________ ____________________________ Shelley Nowling, City Secretary Charlie McNabb, City Attorney STATE OF TEXAS § § CORPORATE ACKNOWLEDGMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the ______ day of __________, 2016 by Vickie Orcutt, a person known to me, in her capacity as Executive Director of Faith in Action Georgetown, on behalf of said organization. SEAL Notary Public, in and for the State of Texas Page 84 of 177 2016/2017 Amended Strategic Partnerships for Community Services Funding Agreement Lone Star Circle of Care Page 1 COUNTY OF WILLIAMSON § AMENDED AGREEMENT § BETWEEN THE § CITY OF GEORGETOWN AND STATE OF TEXAS § LONE STAR CIRCLE OF CARE This is an agreement between the City of Georgetown, a Texas Home Rule Municipal Corporation (City), and the Lone Star Circle of Care (LSCC), for the fiscal year from October 1, 2016, through September 30, 2017 (Agreement). The City of Georgetown values partnerships with organizations that are committed to addressing our community’s greatest public challenges, and the purpose of City funding to the non-profit sector is to cultivate and sustain partnerships with 501(c)3 organizations that strengthen the City’s key priorities in the following areas: Public Safety, Transportation, Housing, Parks & Recreation, Veteran Services, and Safety Net, further defined as follows: Public Safety. • While the City is Georgetown’s Public Safety leader (Fire & Police), public safety also encompasses a broad scope of work that makes this community safe for all. Eligible organizations and programs may include those that contribute to safe neighborhoods such out of school time, youth empowerment, and neighborhood community centers. Transportation. • Eligible organizations include those that assist in meeting the transportation needs of Georgetown residents unable to access private transportation such as homebound seniors and youth under the age of 16 years. Housing. • Eligible organizations include those that offer emergency shelter, transitional or temporary housing, and affordable housing. Parks & Recreation. • Eligible organizations include those that provide affordable, accessible activities that enhance Georgetown residents’ health and well-being, including sports, fitness, and other recreational programs. Veteran’s Services • Support veteran programs and services within the community. Page 85 of 177 2016/2017 Amended Strategic Partnerships for Community Services Funding Agreement Lone Star Circle of Care Page 2 Safety Net. • The City recognizes its responsibility to support efforts to address this community’s most pressing basic needs. Examples of basic needs include food insecurity, emergency financial assistance, mental/behavioral health care, substance abuse, domestic/family violence, and health care. Safety Net priorities will be based on ongoing analysis of unmet existing needs and emerging needs in this community, and may change over time. 1. The City finds that LSCC provides Safety Net Services for the community as defined above; LSCC accomplishes a public purpose and benefits the community of Georgetown, Texas as it enhances the quality of life and the overall economic development of the City per Chapter 380 of the Local Government Code. The City finds that the services LSCC will provide pursuant to this Agreement are services that the City would provide, absent this Agreement, within the vision and limitations otherwise placed upon the City. 2. In consideration for the services LSCC provides pursuant to this Agreement, the City agrees to pay LSCC an amount not to exceed a total of $40,000, which is restricted for the provision of adult dental care services for City of Georgetown citizens, to be paid in a one-time lump sum payment by October 15, 2016. 3. As consideration for the funds to be paid by the City, LSCC agrees to provide the following as a condition of this Agreement: A. LSCC will utilize the funds to provide adult dental care services for City of Georgetown citizens who are uninsured and underserved, regardless of patients’ insurance status or ability to pay; B. coordinate as appropriate with the City and other community service providers in the provision of services to Georgetown residents; C. provide a final report to the City on or before October 31, 2017 that specifically identifies and includes: 1. how the City’s funds were used; 2. an analysis of the goal set forth in the evaluation section of the grant application, including outputs and outcomes; 3. the total numbers served and the total number Georgetown citizens served; and D. provide to the City a copy of LSCC’s annual independent auditor’s report based upon its fiscal year. 4. This Agreement shall not be altered, waived, amended or extended, without the written consent of both parties. 5. LSCC may not assign this Agreement to another party without the written consent of the City. Page 86 of 177 2016/2017 Amended Strategic Partnerships for Community Services Funding Agreement Lone Star Circle of Care Page 3 6. Either party may terminate this Agreement for any reason with written notice to the other party. Notice of termination shall be hand-delivered or sent by certified mail, return receipt requested, to the following addresses: David Morgan Rhonda Mundhenk, JD, MPH City Manager Chief Executive Officer City of Georgetown Lone Star Circle of Care P. O. Box 409 205 E. University Ave., Suite 200 Georgetown, TX 78627-0409 Georgetown, TX 78626 All obligations under this Agreement shall cease, and the City shall only fund those expenses that actually were expended, up to the date the notice of termination is received. EXECUTED this day of October, 2016. THE CITY OF GEORGETOWN LONE STAR CIRCLE OF CARE _________________________ __________________ __________ Dale Ross, Mayor Rhonda Mundhenk, JD, MPH Chief Executive Officer ATTEST: APPROVED AS TO FORM: _________________________ ____________________________ Shelley Nowling, City Secretary Charlie McNabb, City Attorney STATE OF TEXAS § § CORPORATE ACKNOWLEDGMENT COUNTY OF WILLIAMSON § This instrument was acknowledged before me on this the ______ day of __________, 2016, by Rhonda Mundhenk, JD, MPH a person known to me, in her capacity as Chief Executive Officer of the Lone Star Circle of Care, on behalf of said organization. SEAL Notary Public, in and for the State of Texas Page 87 of 177 City of Georgetown, Texas City Council Regula r Meeting October 11, 2016 SUBJECT: Consideration and possible action to approve a Resolution expressing official inte nt to rei mburse costs for el ectr i c , water, w astew ater, and transportati on capi tal i mprovements; the purchase o f publ i c safety vehi cl es and radi o equi pment; and co sts associ ated wi th vari ous faci l i ty, do w ntow n and park i mpro vements; in an amount not to exceed $37,66 0,0 00 .00 with proceeds from bonds that will be issued at a later time -- Leigh Wallace, Finance Director ITEM SUMMARY: The 2 01 7 Budge t included $37,660,000 o f propo sed debt issuance. The debt include s Certificates of Obligation (CO) for facility improve ments, park projects, and e quipment and vehicle purchases; General Obligation (voter-appro ved) bonds for Garey Park, San Gabrie l Park and sidewalks; and Self-Supporting COs and Utility Revenue bo nds for transportation, e lectric and water projects. A summary o f the proposed debt is include d as the Attachment. The actual dollar amount o f any bonds issued may be adjusted befo re the actual issue date. Any excess fund balance, whether due to higher than projected revenues or expenses that were less than estimated, may reduce the amo unt o f de bt being issued. Pro ject timing and the City’s project c apacity may also delay issuance o f any bo nds. Approval of the attac hed bo nd reimburse ment resolution will allow the design work, c onstructio n and/o r purchase of these programs to move forward using existing c ash, and reimbursing the funds with debt issued later in the fiscal year. This resolutio n does NOT c ommit the City to the bonds in the event the project is delayed or funded in ano ther manner. It does NOT appro ve the projects still under discussio n. COMMENTS The process of using a bond reimbursement resolution has been used over the past ten ye ars to provide better debt and project management. Due to the City’s Fiscal and Budgetary P olicy, tax-suppo rted debt, which accounts fo r $12,060 ,00 0 of this proposed resolution, must be issued within the term of the Council approving the reimbursement resolution. Therefore, this de bt must be issued before May 2 01 7. FINANCIAL IMPACT: N/A SUBMITTED BY: Leigh Wallace, Finance Director - SP ATTACHMENT S: Description P ro p o s ed Reimburs ement Res o lutio n 2017 Summary of Proposed Debt Page 88 of 177 Resolution Number: ___________________________ Page 1 of 2 Description: Bond Reimbursement Resolution 2017 Date Approved: October 11, 2016 RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF CERTAIN CAPITAL PROJECTS, FACILITIES AND EQUIPMENT. 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 construction, design, and/or acquisition of the facilities and equipment described in Section 2 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. 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 $37,660,000 for the purpose of paying the costs of the projects described below: Public safety vehicles and equipment $2,488,000 Facility, downtown & park improvements 6,940,000 Transportation CIP 4,482,000 Electric CIP 3,750,000 Water CIP 20,000,000 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. Page 89 of 177 Reimbursement Resolution No. _________ Page 2 of 2 SECTION 4. All tax supported debt to be issued within this resolution will be issued within the term of the Council authorizing this resolution. If the tax supported portion of this debt is not issued before the approving Council leaves office, all projects included in the above schedule that are to be funded with tax supported debt must be reauthorized by Council. SECTION 5. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Resolution more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 6. This resolution shall be effective immediately upon adoption. RESOLVED this 11th day of October 2016. ATTEST: THE CITY OF GEORGETOWN: ______________________ ______________________ Shelley Nowling By: Dale Ross City Secretary Mayor APPROVED AS TO FORM: ______________________ Charles McNabb City Attorney Page 90 of 177 FY2017 Proposed Debt Expense FY2017 Budget Tax Supported Debt Certificate of Obligation 800 Mhz Radio Replacement 500,000 ADA Phase II 300,000 Grace Heritage Phase II 140,000 Public Safety Vehicles 1,988,000 Certificate of Obligation Total 2,928,000 General Obligation Bonds Garey Park 5,500,000 San Gabriel 1,000,000 Sidewalks (2015 Referendum)2,632,000 General Obligation Bonds Total 9,132,000 Tax Supported Debt Total 12,060,000 Self Supporting Debt Self Supporting Debt GTEC - Airport Road 1,850,000 Self Supporting Debt Total 1,850,000 Self Supporting Debt Total 1,850,000 Utility Debt Utility Debt Electric CIP 3,750,000 Water/Wastewater CIP 20,000,000 Utility Debt Total 23,750,000 Utility Debt Total 23,750,000 Grand Total 37,660,000 Page 91 of 177 City of Georgetown, Texas City Council Regula r Meeting October 11, 2016 SUBJECT: Consideration and possible action to approve a P ro fessi o nal Servi ces P roposal relate d to utility related governme ntal affairs -- Jim Briggs, General Manager Utilities ITEM SUMMARY: A s G eorgetown U tilit y S ys tems continue to expand a nd the proces s es to s erve our c us tomers continues t o evolve, we req uire the expertis e of governmental affairs s ervices . S ervices provided as s is t us in lobb ying, coordinating, a nd c ommunicating a t t he L egis la t ive and R egulatory levels of S ta te G overnment rela t ed t o is s ues that affect or will affect the utilities . T he one ma j or effort this s ervice will provide is s upport and as s is tance in the filing of legis lation to allow the C T S U D B oard to dis s olve its exis tence. T he proc es s of working through thes e is s ues is time cons uming a nd in s ome ca s es t ake yea rs to c omplete. T he tra ns fer agreement with C T S U D , provides that we mus t continue to ma inta in a legis lative pres ence for dis s olution of the C T S U D B oard. W e expect this to b e the las t year of this requirement. I have vis ited with S napper C arr related to the extens ion of s ervic es for another yea r. I ncluded in this it em is a c ontract for thos e s ervices . T he prior terms a re exa c t ly t he s ame, wit h an a dder for act ive legis lation, for thos e s ervic es . T here is an increas e of $6,0 00.00 t his yea r due t o the active legis lative s es s ion and the s upport of our filed legis lation. E lectric and water utility is s ues continue to be a maj or foc us as we work t o enhance and expa nd our s ervices . I am subm i/in g th e ren ewal contract for services with F ocused A dvocacy for your con sideration in continuin g to provide us with legislative support on utility related issues. FINANCIAL IMPACT: F un din g for th ese services is to be paid out of E n ergy S ervices an d Water S ervices budgets. SUBMITTED BY: Jim Briggs - General Manager, Utilities ATTACHMENT S: Description F o cus ed Advoc ac y C o ntract 2017 Page 92 of 177 823 CONGRESS AVENUE, STE. 1200 •••• AUSTIN, TEXAS 78701 •••• INFO@FOCUSEDADVOCACY.COM 1 CONTRACT FOR GOVERNMENTAL AND REGULATORY AFFAIRS CONSULTING SERVICES (Georgetown Utility Systems) This contract is made the _____ day of Oct. 2016, between Georgetown Utility Systems (“GUS”), having its principal place of business at 300 Industrial Avenue Georgetown, Texas 78626 (hereinafter “Client”) and Focused Advocacy, LLC having its principal place of business at 823 Congress Avenue, Suite 1200, Austin, Texas 78701 (hereinafter “Consultant”) for the provision of state governmental and public affairs consulting services. 1. Services. Consultant will provide the professional services described below, as may be requested and directed by the client. 1. Assist in the development of a comprehensive strategic governmental and regulatory affairs plan for GUS. As part of the governmental affairs plan Consultant will work with Client in an attempt to reach specific goals and objectives related to GUS’s internal business plan that can be impacted by legislative and regulatory actions. 2. Represent GUS’s interests before the legislative, regulatory, and executive branches of Texas state government in furtherance of the passage or defeat of legislation (including proposals proactively proposed by GUS), proposals, or rules as directed by GUS. 3. Assist in the development and implementation of strategies and initiatives to support GUS’s business and legislative agendas, including: a. Protecting GUS’s territorial service rights and privileges; b. Supporting efforts and seeking all necessary approvals for transfer of a special utility district to GUS; c. Support efforts to dissolve unnecessary special districts; d. Pursuing new opportunities and rights for GUS; e. Promoting public power interests; and Page 93 of 177 823 CONGRESS AVENUE, STE. 1200 •••• AUSTIN, TEXAS 78701 •••• INFO@FOCUSEDADVOCACY.COM 2 f. Assisting in the development of strategies for GUS to remain competitive as a municipally owner utility. 4. Use best efforts to provide information to and educate key decision makers, legislative leaders, and agency executives (and their staffs) with regards to Client’s areas of interest, services, and governmental affairs objectives. Client will work to ensure Consultant has appropriate information and data to assist efforts in this regard. It is understood and agreed Consultant will not make representations or statements on Client’s behalf without prior authorization to do so. 5. Advise and assist GUS in gaining support for its public policy initiatives and objectives from key governmental and non-governmental stakeholders. 6. Assist GUS with the preparation and drafting of legislative and regulatory advocacy/educational materials. 7. Monitor and track all legislative and regulatory actions, decisions, or proposals that could have an effect on the business operations or legislative agenda of GUS. 8. Provide analysis of legislative and regulatory actions, decisions, or proposals that could have an affect on the business operations of GUS. 9. Advise GUS on matters relating to political, grass roots and communications strategy. 10. Consult with Client regarding the effectiveness of its relationships with elected officials, processes and the political environment in Texas. Identify and implement strategies to enhance client profile with targeted individuals and entities including the arrangement of periodic visits and/or functions with key legislators, executives, and staff. 11. Monitor, by attendance at meetings and otherwise, public hearings and/or rulemakings that would impact GUS’s objectives and interests. Page 94 of 177 823 CONGRESS AVENUE, STE. 1200 •••• AUSTIN, TEXAS 78701 •••• INFO@FOCUSEDADVOCACY.COM 3 12. As part of a customized communications plan Consultant will provide GUS both written and verbal status reports on all matters affecting their stated interests. 13. Attend meetings and conference calls with GUS officials and staff, as requested. 14. Consultant will provide general advice and counsel on all matters related to the governmental and public affairs needs of GUS. 2. Client Support and Communications. Consultant will provide Client both written and verbal status reports on all matters affecting their stated interests. Consultant will attend Client meetings, as requested and schedule permitting, to assure timely and effective communications. Curtis Seidlits and Snapper Carr will serve as the primary contacts on behalf of the Consultant. Consultant will perform services in a professional manner consistent with the highest recognized standard of care applicable to consultants performing services similar in scope and nature to the services. 3. Legal Services. It is understood and agreed that Consultant is being retained hereunder to provide governmental consulting services and not to provide legal advice or services to Client. In the event that legal opinions or financial analysis are needed at any time with respect to Client’s interests, consultant will notify client and the decision to seek additional professional advice and services, and from whom, shall rest exclusively with Client. 4. Expansion and Scope of Work. Should representation expand significantly beyond the contemplated scope outlined in the Agreement, both parties will mutually agree to discuss the role of the expanded services and agree, if necessary, to discuss the payment additional compensation during this unlikely event. 5. Term. This Agreement is effective for the period from Sept. 1, 2016 through August 31, 2017 (12 months). The parties to this agreement may mutually agree in writing to extend the terms of this Agreement by an additional one- year period. 6. Compensation. In consideration for the performance of services, Client shall pay fees as follows: Page 95 of 177 823 CONGRESS AVENUE, STE. 1200 •••• AUSTIN, TEXAS 78701 •••• INFO@FOCUSEDADVOCACY.COM 4 a. $7,500 (Seven thousand five hundred) per month for the duration of the Agreement. The fee shall be paid by the client upon receipt of an invoice on or about the 1st day of each month. b. All notices and invoice shall be made in writing and may be given by personal delivery, by regular mail, or electronic mail. The following individuals shall serve as primary points of contact for receipt of notices: Mr. Snapper Carr Mr. Jim Briggs Partner & General Counsel General Manager Focused Advocacy, LLC Georgetown Utility Systems Snapper@focusedadvoacy.com jim.briggs@georgetown.org c. Payment shall be made to Focused Advocacy, 823 Congress Avenue, Suite 1200, Austin, Texas 78701. 7. Independent Contractor Relationship. It is understood by the parties that Consultant is an independent contractor for the purposes of any federal and/or state laws including tax laws, and that Consultant is not in any way an employee, full or part-time of Client. 8. Expenses. Consultant agrees to cover routine business, educational, and entertainment expenses out of the compensation provided to them under this contract. However, Client agrees to pay for Consultant’s travel expenses if the Client requests their presence or the requirements of this agreement require the Consultant to attend a meeting outside of Austin, Texas. Prior approval by the client shall be necessary before the Consultant incurs any out of town expense. Allowable travel expenses are those incurred from airfare, hotel, shuttle, taxi, car service, rental car and/or meals associated with out-of-town trips taken on Client’s behalf or at Client’s request. Client agrees to pay invoices within thirty (30) days of receipt. Consultant will itemize travel expenses on invoices and provide supporting materials as needed. 9. State Law. Under Texas and federal law there are various requirements imposed on persons and organizations that interact with state officials, especially where an attempt is made to influence legislation or contracts. Page 96 of 177 823 CONGRESS AVENUE, STE. 1200 •••• AUSTIN, TEXAS 78701 •••• INFO@FOCUSEDADVOCACY.COM 5 Additionally, several local governments in Texas have adopted ordinances dealing with lobbying disclosure and registration. In this regard, Consultant will promptly inform Client when any such filings are necessary and shall seek registration with respect to the services to be performed on Client’s behalf. Consultant agrees to perform its obligations under this contract in compliance with all applicable federal, state, and local laws reporting requirements. Client agrees to full comply with all necessary federal, state, and local laws associated with the scope of services provided under this Agreement. 10. Texas Lobby Law and reporting Requirement. The Texas ethics law and rules adopted by the Texas Ethics Commission require the Consultant to report compensation or reimbursement paid to Consultant for the purpose of directly communicating with members of the legislative or executive branches of government. Texas Ethics Commission Rules provide that a registrant receiving compensation or reimbursement for purposes other than lobbying activities may reasonably determine the amount of compensation attributable to lobby activities and report only that amount. Based upon Consultant’s experience representing other clients, the Consultant believes 50 (fifty) percent will be a reasonable estimate of the monthly retainer attributable to “lobby activities.” However, it is agreed that the Consultant will continually monitor the amount of time spent on lobby activities as defined by Texas Ethics Laws and Rules to ensure compliance with this reporting requirement. 11. Confidentiality. If a party provides information or materials indicated to be confidential, the receiving party will maintain the confidentiality of such matters and not disclose any such information except in proper performance of this contract and as required by law. 12. Conflicts of Interest. By signing this Agreement, Client is consenting to the representation of multiple clients by the Consultant and Consultant is confirming that no direct conflicts of interest currently exist. If any such conflict should develop, Consultant agrees to bring that fact immediately to the attention of both Clients for resolution. Consultant will exercise extreme care to avoid conflicts, unintended or otherwise, which arise, if ever, in the future. Page 97 of 177 823 CONGRESS AVENUE, STE. 1200 •••• AUSTIN, TEXAS 78701 •••• INFO@FOCUSEDADVOCACY.COM 6 13. Termination. Either party may terminate this Agreement, with or without cause, upon sixty (60) days written notice to the other party. The Client may terminate this agreement for cause upon thirty (30) days written notice. 14. Entire Agreement and Modifications. This Agreement contains the entire agreement and understandings of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written, negotiations and discussions. This Agreement may not be modified, rescinded or terminated orally, and no modification, rescission, termination attempted waiver of any provision hereof (including this section) shall be valid unless in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement through their duly authorized officers, as of the date set forth above. Georgetown Utility Systems Focused Advocacy, LLC By: By: Mr. Jim Briggs, General Manager Mr. Snapper L. Carr, Partner Date: Date: Page 98 of 177 City of Georgetown, Texas City Council Regula r Meeting October 11, 2016 SUBJECT: Second Readi ng of an Ordinance to approve a request fo r a Speci al Use Permi t to allo w a lumber yard in the Gene ral Commercial (C-3 ) District at 300 Leander Road, also being Lot 2, Hope McCoy Subdivisio n -- Sofia Nelson, CNU-A, P lanning Director (acti o n requi red) ITEM SUMMARY: B ackground: The applicant has re quested co nsideration of a Special Use Permit (SUP) to allow a lumber yard to operate in the C-3 District located at 30 0 Leander Road. The C-3 District allows lumber yard as a use at the disc retion of the City Council with approval o f a SUP. Publ i c Comment: To date, one written co mment in support of the re que st has been received. Staff Recommendati o n: Staff recommends approval of the applicant’s re que st, with the following conditio n: New fencing shall be a solid wo od material and de sign. Pl anni ng and Zoni ng Commi ssi on Recommendati o n: At their September 6th, 20 16 meeting, the Planning and Zoning Commission recommended to the City Council appr oval (5-0, Marler and Rankin absent) of the Special Use Permit. Ci ty Counci l Fi rst Readi ng Acti on: At their September 27 ,20 16 meeting, the City Council vote d unanimously (7-0) to appro ve the request for a Special Use P ermit with the follo wing condition: New fencing shall be a so lid wood material and design. FINANCIAL IMPACT: None studied at this time. SUBMITTED BY: Carolyn Horne r, AICP, Planner, and Sofia Nelson, CNU-A, Planning Director ATTACHMENT S: Description S taff Report Lo catio n Map F uture Land Us e Zo ning Map Co nc ep tual Site Layout C-3 District Develo p ment S tand ard s P ublic Co mment Ordinanc e Exhib it A Page 99 of 177 Georgetown Planning Department Staff Report ProBuild Lumber Yard Page 1 of 5 Special Use Permit Report Date: August 31, 2016 File No: SUP‐2016‐003 Project Planner: Carolyn Horner, AICP, Planner Item Details Project Name: ProBuild Location: 300 Leander Road Total Acreage: 18.12 acres Legal Description: 18.12 acres in the Clement Stubblefield Survey, Lot 2 of the Hope McCoy Subdivision Current Zoning: General Commercial (C‐3) and Industrial (IN) Overview of Applicant’s Request The applicant has requested consideration of a Special Use Permit (SUP) to allow a lumber yard to operate in the C‐3 District located at 300 Leander Road. The C‐3 District allows lumber yard as a use at the discretion of the City Council with approval of a SUP. The applicant operates a lumber yard on the site currently, as a legal non‐conforming use since it does not have an SUP. The business wants to expand, and therefore must bring their use into compliance with current code. Site Information Physical Characteristics: The property is 12.13 acres in size and it is developed with a lumber yard (ProBuild). The site has approximately 795 feet of street frontage along Leander Road and is approximatley 873 feet at its deepest point. Surrounding Properties: Location Zoning Future Land Use Existing Use North General Commercial (C‐3) Employment Center Investment Office South Industrial (IN) Employment Center Railroad Spur, Tasus Corporation East General Commercial (C‐3) Mixed Use Neighborhood Center McCoy Building Supply West General Commercial (C‐3), Industrial (IN) Employment Center Smith Building Park Leander Rd Austin Ave Page 100 of 177 Planning Department Staff Report ProBuild Lumber Yard Page 2 of 5 Special Use Permit Property History The majority of the property was annexed into the City in 1970 by Ordinance No. 70‐16. The remainder of the property was annexed in 1983 by Ordinance No. 83‐37. At the time of annexation into the City, the default AG Zoning District was assigned. The majority piece was rezoned to C‐3 in 1992 by Ordinance No. 92‐29. The remaining piece was rezoned to Industrial in 1997 by Ordinance No. 97‐3. The property was platted in 1998. The existing use began in 1998. 2030 Comprehensive Plan Future Land Use: The 2030 Future Land Use category for the majority of the subject site is Employment Center. This designation is intended for tracts of undeveloped land located at strategic locations, which are designated for well‐planned, larger scale employment and business activities, as well as supporting uses such as retail, services, hotels, and high density residential development (stand‐alone or in mixed‐use buildings) as a conditional use. Industrial uses that already exist or are anticipated to continue for the foreseeable future are a part of this designation. Such uses include light industrial uses like manufacturing, assembly, wholesale, and distribution activities. Care should be taken to protect adjacent uses from adverse impacts potentially associated with these uses (truck traffic, outside storage, etc.), using buffering and/or performance‐ based development standards. The northeast corner of the subject site is in the Mixed Use Neighborhood Center category. This designation applies to smaller areas of mixed commercial use within existing and new neighborhoods. These areas are primarily proposed adjacent to, or as part of, larger residential neighborhoods. Neighborhood‐serving mixed‐use areas abut roadway corridors or are located at key intersections. They often function as gateways into the neighborhoods they serve. Uses in these areas might include a corner store, small grocery, coffee shops, hair salons, dry cleaners and other personal services, as well as small professional offices and upper story apartments. They may also include non‐commercial uses such as churches, schools, or small parks. In new neighborhoods, in particular, the exact size, location, and design of these areas should be subject to a more specific approval process, to ensure an appropriate fit with the surrounding residential pattern. Growth Tier: The 2030 Comprehensive Plan Growth Tier Map designation is Tier 1A which are areas of the City where infrastructure systems are in place, or can be economically provided and where the bulk of the City’s growth should be guided over the near term. Transportation The site’s sole access is via Leander Road which is a major arterial roadway. A Traffic Impact Analysis (TIA) was not deemed necessary for this SUP application. Page 101 of 177 Planning Department Staff Report ProBuild Lumber Yard Page 3 of 5 Special Use Permit Utilities This developed property is served by the City of Georgetown electric, water, and wastewater. There is adequate capacity to serve any additions or expansions to this development either by existing capacity or developer participation in upgrades to infrastructure. Zoning District The existing zoning district for the majority of this site is General Commercial (C‐3), which is intended to provide areas for commercial and retail activities that primarily serve the entire community and its visitors. The rear of the property is zoned Industrial (IN), which provides a location for manufacturing and industrial activities that may generate some nuisances. A lumber yard operates on the property, and is in compliance with the Industrial District zoned portion of the yard. However, a Special Use Permit is required for a lumber yard in General Commercial (C‐3) zoning. Staff Analysis The subject property is located along Leander Road, just west of Austin Avenue. This area is developed with commercial and industrial uses, and is the northern end of a large area of industrial zoning. As shown on their Conceptual Site Layout, the applicant is proposing to utilize an existing curb cut along Leander Road to provide a second point of access. This new driveway will allow large trucks to circulate through the property, rather than idling on the roadway. The existing lumber yard use has been in continuous operation since 1998 on this property. Therefore, it is a legal non‐conforming use per UDC Section 14.02.010. The existing property does not comply with Gateway Overlay landscaping, and the original design for parking included an area that is now on the McCoy’s property. In order to expand the business on site, the applicant must comply with UDC Section 14.02.020, which outlines the options available to bring a legal non‐conforming use into compliance with current Code. The applicant is seeking a Special Use Permit, which will eliminate the nonconformity per UDC 14.02.020.C. UDC Section 3.07.030.C states that the City Council may approve an application for a Special Use Permit where it reasonably determines that there will be no significant negative impact upon residents of surrounding property or upon the general public. The City Council shall consider the following criteria in its review: 1. The proposed special use is not detrimental to the health, welfare, and safety of the surrounding neighborhood or its occupants. The existing use is not detrimental to the surrounding area, as it is a similar use to its neighbors. The expansion of the existing use Page 102 of 177 Planning Department Staff Report ProBuild Lumber Yard Page 4 of 5 Special Use Permit would give the development space to bring increased business onto the site, thus reducing the impact on the adjacent public roadway. 2. The proposed conceptual site layout, circulation plan, and design are harmonious with the character of the surrounding area. The new driveway, which utilizes an existing curb cut, would reduce the roadway traffic impact in the area. The proposed expansion areas to the rear of the property and behind the existing front fence allow storage of retail products. The new parking lot layout will increase available parking on site, and provide a safe circulation pattern for traffic on‐site. 3. The proposed use does not negatively impact existing uses in the area and in the City through impacts on public infrastructure such as roads, parking facilities, and water and sewer systems and on public services such as police and fire protection and solid waste collection and the ability of existing infrastructure and services to adequately provide services. As a legal non‐conforming use, the business can continue operations, but to expand and service more customers, the use must be brought into compliance. The existing lumber yard needs to expand to lessen associated growth pressures on the adjacent public transportation network. In order to lessen the impact on the adjacent roadway, the applicant is opening a new driveway at the existing curb cut on the east side of the property, and expanding the existing parking area to reduce congestion and provide traffic flow on and off the property. 4. The proposed use does not negatively impact existing uses in the area and in the City through the creation of noise, glare, fumes, dust, smoke, vibration, fire hazard or other injurious or noxious impact. The property is developed with a lumber yard. The proposed SUP will allow expansion of the use, specifically in the rear and along the front new driveway and parking area. The current noise and roadway impacts are confined to an area adjacent to the subject property, such as the adjacent builder’s supply business and other industrial uses located behind it. If approved, the project will be addressing the congestion on the adjacent roadway network through a new driveway and recirculation pattern on site, and will be responsible for meeting all City codes and ordinances to protect adjacent uses from impacts such as noise, glare, fumes, dust, smoke, vibration, or fire hazard within the vicinity. Findings Based on all information presented, staff has made the following findings: 1. The Future Land Use Designation of Employment Center covers industrial uses that already exist or are anticipated to continue for the foreseeable future. This existing use wants to expand, thus anticipating continued operations on the subject property. The request is therefore in compliance with the FLUP designation of the area. Page 103 of 177 Planning Department Staff Report ProBuild Lumber Yard Page 5 of 5 Special Use Permit 2. The existing use on the property, lumber yard, is allowed by right on the portion of the property currently zoned IN. This Special Use Permit would bring the existing lumber yard into compliance with the C‐3 zoning in place on the majority of the property. 3. Due to its legal non‐conforming status, the lumberyard can not expand to handle the large growth of business and improve the traffic safety issues along Leander Road without bringing the use into compliance by acquiring an approved SUP. Staff Recommendation Staff recommends approval of the applicant’s request based on the above‐mentioned findings, with the following condition: New fencing shall be a solid wood material and design. Public Comments As required by the Unified Development Code, all property owners within a 200 foot radius of the subject property that are located within City limits (17 notices mailed) were notified of the rezoning application, a legal notice advertising the public hearing was placed in the Sun Newspaper and signs were posted on‐site. To date, no written or verbal comments in support or against the applicant’s proposal have been received by staff. Attachments Exhibit 1 – Location Map Exhibit 2 – Future Land Use Map Exhibit 3 – Zoning Map Exhibit 4 – Conceptual Site Layout Exhibit 5 – C‐3 District Development Standards and Permitted Land Uses Page 104 of 177 §¨¦35 §¨¦35 Leander R d W U n i v e r s i t y A v e W U n i v e r s i t y A v e E U n i v e r s i t y A v e Southw este r n B l v d S E I n n e r L o o p SamHoustonAve South w e st e r n B l v d ")1460 S A u s t i n Av e ")1460 (R iver/S t ream) SUP-2016-003Exhibit #1 Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ Location Map 0 0.5 1Mi Le ge ndSiteParcelsCity LimitsGeorgetown ETJ Page 105 of 177 LE A N D E R R D F M 1 4 6 0 S W A L N U T S T E 1 7 T H 1 /2 S T S AUSTIN AVE GEORGE ST W 2 0 T H S T B R U S H Y S T E 2 1 S T S T H I G H T E C H D R E 2 1 S T S TW 2 2 N D S T M A D I S O N O A K S A V E KENDALL ST P I N O A K D R S H A D Y O A K D R O A K L A N D D R ROCK M O O R D R W 24TH ST J M P A G E L N T E X S T A R D R SANGABRIELBLVD TI M B E R S T B U R N I N G T R E E D R E 18TH ST TASUS WAY Q U A I L V A L L E Y D R R A B B I T H O L L O W L N WOODVIE W D R F O R E S T S T W O O D M O N T D R C A N D E E S T BRIDGE ST E 1 7 T H S T S P A N I S H O A K C I R SUNSHIN E D R L E A N D E R S T W 1 9 T H S T LEANDER ST PAIGE ST T O W E R D R V A L L E Y D R E 1 9 T H 1 /2 S T E 18TH ST T H O U S A N D O A K S B LV D H O G G S T M O U R N I N G D O V E L N E 2 0 T H S T W 18TH ST S I L V E R V A L L E Y L N W O O D - S T O N E D R E U B A N K K N I G H T W 17TH ST RAILROAD AVE C L O V E R V A L L E Y L N S A N J O S E S T STONE CI R R O C K C R E S T D R S U N R I S E V A L L E Y L N R O C K - M O O R D R S C E N I C D R S C O L L E G E S T L I V E O A K D R S P A N I S H O A K C I R TAMARA DR §¨¦35 S AUSTIN AVE L E A N D E R RD E 1 9 T H S T L U T H E R D R E 1 7 T H 1 /2 S T LUTHER DR C Y R U S A V E S C H U R C H S T W 1 8 T H S T INDU S T R I A LAVE H I G H L A N D D RLEANDER R D E 1 9 T H S T S H O L L Y S A N JO S E S T S U S A N A D R C O F F E E S T S P I N E S T T H U N D E R V A L L E Y T R L P L E A S A N T V A L L E Y D R B L U E B O N N E T V A L L E Y D R H A R T S T R I D G E O A K D R E 1 7 T H ")SPU R26 V A L L E Y O A K S L O O P Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only ¯ Future Land Use / Overall Transportation Plan Exhibit #2 SUP-2016-003 Legend Thoroughfare Future Land Use Institutional Regional Commercial Community Commercial Em ployment Center Low Density Residential Mining Mixed Use Community Mixed Use Neighborhood Center Moderate Density Residential Open Space Specialty Mixed Use Area Ag / Rural Residential Existing Collector Existing Freeway Existing Major Arterial Existing Minor Arterial Existing Ramp Proposed Collector Proposed Freeway Propsed Frontage Road Proposed Major Arterial Proposed Minor Arterial Proposed Railroad High Density Residential 0 ¼½Mi LegendSiteParcelsCity Lim itsGeorgetown ETJ Page 106 of 177 LE A N D E R R D F M 1 4 6 0 S AUSTIN AVE §¨¦35 Zoning InformationSUP-2016-003Exhibit #3 Coordinate System: Texas State Plane/Central Zone/NAD 83/US FeetCartographic Data For General Planning Purposes Only Le ge ndSiteParcelsCity LimitsGeorgetown ETJ ¯ 0 ¼½Mi Page 107 of 177 757 757 757 756 X X LEANDER R O A D LEANDER ROAD WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WLWLWLWLWLWL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WLWLWLWLWLWLWLWLWLWLWL WL 10' P.U.E. 10 ' P . U . E . 10 ' P . U . E . 10' P.U.E. 7380 7374 7375 7376 7377 7379 190 374 372 369 377 378 380 379 381 382 383 384 364 363 362 361 360 359 358 357 356 343 199 7378 7380 366 392 188 354 353 352 351 391 350 753 755 754 756 756 755 754 753 X X X X X X X X X X X X X X X X X X X X PROPOSED PAVING AREA EXISTING EDGE OF PAVEMENT EXISTING PARKING AREA WIDENING/IMPROVEMENT OF EXISTING DRIVEWAY PROPOSED CONCRETE DRIVEWAY PROPOSED 6' CHAIN LINK FENCE WITH OPAQUE VINYL PANEL SCREENING EXISTING 6' CHAINLINK FENCE 117.2' 83.8' 28.5' 193.7' 56.7' 27.0' 43.0' 10 ' S I D E S E T B A C K 9 - 9'X18' PROPOSED PARKING SP. PROPOSED OUTDOOR STORAGE AREA (TO BE 1' BELOW SCREENING HEIGHT) 10' P.U.E. 10' P.U.E. 25' FRON T S E T B A C K EXISTING SIDEWALK EXISTING S I D E W A L K DETENTION PROPOSED LANDSCAPING FROM CITY OF GEORGETOWN PREFERRED PLANT LIST PER REQUIREMENTS OF UDC 8.04.050 36.9' 29.1' 25.7' 21.7' 11.8' 67.5' 9 - 9'X18' PROPOSED PARKING SP. EX. FIRE HYDRANT 4 - PROPOSED BOLLARDS E X . E D G E O F P A V E M E N T EX . 8 " W A T E R L I N E EX. 8" WATER LINE EX. 8" WATER LINE EX . 6 " W A T E R L I N E EX . 6 " W A T E R L I N E EX. 6" WATER LI N E EX. 8" WASTEWATER LINE EX. 8" WAST E W A T E R L I N E EX. 8" W A S T E W A T E R L I N E E X . 8 " W A S T E W A T E R L I N E EX . 8 " W A T E R L I N E EXISTING CHAIN LINK FENCE EXISTING CHAIN LINK FENCE PROPOSED 6' CHAIN LINK FENCE WITH OPAQUE VINYL PANEL SCREENING RELOCATED GATE EXISTING GATE 25' GATEWAY OVERLAY DISTRICT PROPOSED LANDSCAPING FROM CITY OF GEORGETOWN PREFERRED PLANT LIST PER REQUIREMENTS OF UDC 8.04.050 25' FRONT SETBACK EX. 8" W A S T E W A T E R L I N E Feet 0 20 40 NO.DATEREVISIONBY CHECKED BY: APPROVED BY: DESIGNED BY: DRAWN BY: DATE DATE DATE DATE FOR REVIEW. THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF REVIEW UNDER THE AUTHORITY OF DAVID L PLATT, P.E. REG. #115694 ON 5/11/2016. IT IS NOT TO BE USED FOR BIDDING, PERMIT OR CONSTRUCTION.ADDRESS METRO SERVICES 1978 S. AUSTIN AVENUE 512.930.9412 GEORGETOWN, TX 78626 WEB STEGERBIZZELL.COM >>ENGINEERS >>PLANNERS >>SURVEYORS TEXAS REGISTERED ENGINEERING FIRM F-181 TBPLS FIRM No.10003700 22401 Project No: for ProBuild/Builders First Source Georgetown Williamson County, Texas WARNING! There are existing water pipelines, underground telephone cables and other above and below ground utilities in the vicinity of this project. The Contractor shall contact all appropriate companies prior to any construction in the area and determine if any conflicts exist. If so, the Contractor shall immediately contact the Engineer who shall revise the design as necessary. FOR REVIEW. THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF REVIEW UNDER THE AUTHORITY OF DAVID L. PLATT, P.E. REG. #115964 ON 5/11/2016. IT IS NOT TO BE USED FOR BIDDING, PERMIT OR CONSTRUCTION. KMM 6/14/2016 KMM 6/14/2016 01 CONCEPTUAL SITE LAYOUT SCALE: 1" = 20' of 01 SITE ADDRESS:300 LEANDER ROAD SITE AREA: 12.13 Acres ZONING: IN/C-3 UDC 8.04.050.B.2 GATEWAY OVERLAY DISTRICT LANDSCAPING WITHIN THE LANDSCAPE AREA, PLANTING ARE REQUIRED AT A MINIMUM RATIO OF TWO SHADE TREES AND FIVE F-GALLON SHRUBS FOR EVERY 1,000 SQUARE FEET OF LAND. EXISTING TREES THAT ARE PRESERVED WITHIN THE LANDSCAPE AREA MAY COUNT TOWARD THE REQUIRED PLANTINGS, PURSUANT TO SECTION 8.04.020. Page 108 of 177 District Size‐min. acreage = 5 Side Setback = 10 feet Bufferyard = 15 feet with plantings Maximum Building Height = 45 feet Side Setback to Residential = 15 feet adjacent to AG, RE, RL, RS, TF, MH, Front Setback = 25 feet Rear Setback = 10 feet MF‐1, or MF‐2 districts (0 feet for build‐to/downtown) Rear Setback to Residential = 25 feet Allowed by Right Subject to Limitations Special Use Permit (SUP) Required Agricultural Sales Activity Center (youth/senior) Auto. Parts Sales (outdoor) Artisan Studio/Gallery Athletic Facility, Indoor or Outdoor Auto. Repair & Service, General Assisted Living Bar/Tavern/Pub Auto. Sales, Rental, Leasing Automotive Parts Sales (indoor) Business/Trade School Bus Barn Auto. Repair and Service, Limited Church (with columbarium)Cemetary, Columbaria, Mausoleum, or Memorial Park Banking/Financial Services College/University Correctional Facility Blood/Plasma Center Commercial Recreation Firing Range, Indoor Car Wash Community Center Flea Market Consumer Repair Dance Hall/Night Club Hospital, Psychiatric Dry Cleaning Service Data Center Lumber Yard Emergency Services Station Day Care (group/commercial) Major Event Entertainment Event Catering/Equipment Rental Driving Range Manufactured Housing Sales Farmer's Market Event Facility Meat Market Fitness Center Heliport Multifamily Attached Food Catering Services Kennel Recreational Vehicle Sales, Rental, Fuel Sales Live Music/Entertainment Self‐Storage (indoor or outdoor) Funeral Home Micro Brewery/Winery Substance Abuse Treatment Facility General Retail Neighborhood Amenity Center Transient Service Facility General Office Park (neighborhood/regional) Wireless Transmission Facility (41'+) Government/Postal Office Pest Control/Janitorial Services Home Health Care Services School (Elementary, Middle, High) Hospital Upper‐story Residential Hotel/Inn/Motel (incl. extended stay) Wireless Transmission Facility (<41') Integrated Office Center Landscape/Garden Sales Laundromat Library/Museum Medical Diagnostic Center Medical Office/Clinic/Complex Membership Club/Lodge Nature Preserve/Community Garden Nursing/Convalescent/Hospice Parking Lot (commercial/park‐n‐ride) Personal Services (inc. Restricted) Printing/Mailing/Copying Services Private Transport Dispatch Facility Restaurant (general/drive‐through) Small Engine Repair Social Service Facility Surgery/Post Surgery Recovery Theater (movie/live) Transit Passenger Terminal Urgent Care Facility General Commercial (C‐3) District District Development Standards Specific Uses Allowed within the District Page 109 of 177 Page 110 of 177 Ordinance Number: ___________________ Page 1 of 2 Description: SUP for Lumber Yard, 300 Leander Rd Case File Number: SUP-2016-003 Date Approved: __________________ Exhibit A Attached ORDINANCE NO. _____________________ An Ordinance of the City Council of the City of Georgetown, Texas, granting a Special Use Permit for a Lumber Yard in the General Commercial (C‐3) District for Lot 2, Hope McCoy Subdivision located at 300 Leander Road; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date. Whereas, an application has been made to the City for the purpose of allowing a special use of the following described real property (ʺThe Propertyʺ): Lot 2 of the Hope McCoy subdivision, as recorded in Document Number 9853467 of the Official Public Records of Williamson County, Texas, hereinafter referred to as ʺThe Propertyʺ; and Whereas, public notice of such hearing was accomplished in accordance with State Law and the City’s Unified Development Code through newspaper publication, signs posted on the Property, and mailed notice to nearby property owners; and Whereas, the Planning and Zoning Commission, at a meeting on September 6th, 2016, held the required public hearing and submitted a recommendation of approval to the City Council for the requested special use of the Property; and Whereas, the City Council, at a meeting on September 27th, 2016, held an additional public hearing prior to taking action on the requested special use of the Property. Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas, that: Section 1. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this Ordinance implements the vision, goals, and policies of the Georgetown 2030 Comprehensive Plan and further finds that the enactment of this Ordinance is not inconsistent or in conflict with any other policies or provisions of the 2030 Comprehensive Plan and the City’s Unified Development Code. Section 2. The Zoning District for the Property shall remain General Commercial and the Ordinance allowing for the special use of a lumber yard on the property is hereby adopted, in accordance with the attached Exhibit A (Conceptual Site Plan). 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 Page 111 of 177 Ordinance Number: ___________________ Page 2 of 2 Description: SUP for Lumber Yard, 300 Leander Rd Case File Number: SUP-2016-003 Date Approved: __________________ Exhibit A Attached application thereof, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable. Section 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective in accordance with the provisions of state law and the City Charter of the City of Georgetown. APPROVED on First Reading on the 27th day of September, 2016. APPROVED AND ADOPTED on Second Reading on the 11th day of October, 2016. THE CITY OF GEORGETOWN: ATTEST: ______________________ _________________________ Dale Ross Shelley Nowling Mayor City Secretary APPROVED AS TO FORM: ______________________ Charlie McNabb City Attorney Page 112 of 177 757 757 757 756 X X LEANDER R O A D LEANDER ROAD WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WLWLWLWLWLWL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WL WLWLWLWLWLWLWLWLWLWLWL WL 10' P.U.E. 10 ' P . U . E . 10 ' P . U . E . 10' P.U.E. 7380 7374 7375 7376 7377 7379 190 374 372 369 377 378 380 379 381 382 383 384 364 363 362 361 360 359 358 357 356 343 199 7378 7380 366 392 188 354 353 352 351 391 350 753 755 754 756 756 755 754 753 X X X X X X X X X X X X X X X X X X X X PROPOSED PAVING AREA EXISTING EDGE OF PAVEMENT EXISTING PARKING AREA WIDENING/IMPROVEMENT OF EXISTING DRIVEWAY PROPOSED CONCRETE DRIVEWAY PROPOSED 6' CHAIN LINK FENCE WITH OPAQUE VINYL PANEL SCREENING EXISTING 6' CHAINLINK FENCE 117.2' 83.8' 28.5' 193.7' 56.7' 27.0' 43.0' 10 ' S I D E S E T B A C K 9 - 9'X18' PROPOSED PARKING SP. PROPOSED OUTDOOR STORAGE AREA (TO BE 1' BELOW SCREENING HEIGHT) 10' P.U.E. 10' P.U.E. 25' FRON T S E T B A C K EXISTING SIDEWALK EXISTING S I D E W A L K DETENTION PROPOSED LANDSCAPING FROM CITY OF GEORGETOWN PREFERRED PLANT LIST PER REQUIREMENTS OF UDC 8.04.050 36.9' 29.1' 25.7' 21.7' 11.8' 67.5' 9 - 9'X18' PROPOSED PARKING SP. EX. FIRE HYDRANT 4 - PROPOSED BOLLARDS E X . E D G E O F P A V E M E N T EX . 8 " W A T E R L I N E EX. 8" WATER LINE EX. 8" WATER LINE EX . 6 " W A T E R L I N E EX . 6 " W A T E R L I N E EX. 6" WATER LI N E EX. 8" WASTEWATER LINE EX. 8" WAST E W A T E R L I N E EX. 8" W A S T E W A T E R L I N E E X . 8 " W A S T E W A T E R L I N E EX . 8 " W A T E R L I N E EXISTING CHAIN LINK FENCE EXISTING CHAIN LINK FENCE PROPOSED 6' CHAIN LINK FENCE WITH OPAQUE VINYL PANEL SCREENING RELOCATED GATE EXISTING GATE 25' GATEWAY OVERLAY DISTRICT PROPOSED LANDSCAPING FROM CITY OF GEORGETOWN PREFERRED PLANT LIST PER REQUIREMENTS OF UDC 8.04.050 25' FRONT SETBACK EX. 8" W A S T E W A T E R L I N E Feet 0 20 40 NO.DATEREVISIONBY CHECKED BY: APPROVED BY: DESIGNED BY: DRAWN BY: DATE DATE DATE DATE FOR REVIEW. THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF REVIEW UNDER THE AUTHORITY OF DAVID L PLATT, P.E. REG. #115694 ON 5/11/2016. IT IS NOT TO BE USED FOR BIDDING, PERMIT OR CONSTRUCTION.ADDRESS METRO SERVICES 1978 S. AUSTIN AVENUE 512.930.9412 GEORGETOWN, TX 78626 WEB STEGERBIZZELL.COM >>ENGINEERS >>PLANNERS >>SURVEYORS TEXAS REGISTERED ENGINEERING FIRM F-181 TBPLS FIRM No.10003700 22401 Project No: for ProBuild/Builders First Source Georgetown Williamson County, Texas WARNING! There are existing water pipelines, underground telephone cables and other above and below ground utilities in the vicinity of this project. The Contractor shall contact all appropriate companies prior to any construction in the area and determine if any conflicts exist. If so, the Contractor shall immediately contact the Engineer who shall revise the design as necessary. FOR REVIEW. THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF REVIEW UNDER THE AUTHORITY OF DAVID L. PLATT, P.E. REG. #115964 ON 5/11/2016. IT IS NOT TO BE USED FOR BIDDING, PERMIT OR CONSTRUCTION. KMM 6/14/2016 KMM 6/14/2016 01 CONCEPTUAL SITE LAYOUT SCALE: 1" = 20' of 01 SITE ADDRESS:300 LEANDER ROAD SITE AREA: 12.13 Acres ZONING: IN/C-3 UDC 8.04.050.B.2 GATEWAY OVERLAY DISTRICT LANDSCAPING WITHIN THE LANDSCAPE AREA, PLANTING ARE REQUIRED AT A MINIMUM RATIO OF TWO SHADE TREES AND FIVE F-GALLON SHRUBS FOR EVERY 1,000 SQUARE FEET OF LAND. EXISTING TREES THAT ARE PRESERVED WITHIN THE LANDSCAPE AREA MAY COUNT TOWARD THE REQUIRED PLANTINGS, PURSUANT TO SECTION 8.04.020. Page 113 of 177 City of Georgetown, Texas City Council Regula r Meeting October 11, 2016 SUBJECT: Second Readi ng o f an Ordinance zoni ng for tr affi c and rate of speed there i n, in the City Limits of the City of Georgetown, o n Pedernal es Fal l s Dri ve betw een Coo l Spri ngs Way and Ro c ky Hol l o w Creek Dri ve and Ro c ky Hol l ow Creek Dr i ve betw een P edernal es F al l s Dr i ve and County Road 245, de fining speeding and fixing a pe nalty therefore declaring what may be a sufficient complaint in prosecutions hereunder with a saving clause repe aling conflicting laws and establishing an effective date -- Wesley Wright, P.E., Systems Engineering Director (acti o n requi red) ITEM SUMMARY: The City’s Systems Engineering Departme nt has determined upon the basis o f an Engineering and Traffic investigation that the prima facie maximum Speed Limit on Pedernale s Falls Drive and Rocky Hollow Cre e k Drive routed in the City, should be declare d and signed indicating the prima fac ie maximum speed limit. SPEED ZONE For bo th directions of traffic along P e de rnales Falls Drive: Beginning at the centerline o f Co ol Springs Way to the cente rline of Rocky Hollow Creek Drive, a distance of 4,577 fee t, a prima facie maximum speed limit o f 35 miles per hour. Fo r both directions if traffic along Rocky Ho llow Creek Drive: Beginning at the centerline o f Pedernale s Falls Drive to the east edge of the pavement for Co unty Road 245 , a distance o f 3 ,55 3 feet, a prima facie maximum speed limit of 35 miles per hour. The attached propo sed Ordinance modifies the speed limit pursuant to the enginee ring and traffic study. STAFF RECOMMENDATIONS: Staff re commends approval of this proposed amendment to the Ordinance zoning for traffic and rate of spee d therein on P edernales Falls Drive and Rocky Hollow Drive. FINANCIAL IMPACT: None SUBMITTED BY: Bill Dryden, P.E.; Transpo rtation Engineer ATTACHMENT S: Description P ro p o s ed Ord inance w/ Map Memo - Sp eed Study - Sun City Page 114 of 177 Ordinance No. Pedernales Falls Drive Speed Zone (September 2016) Rocky Hollow Creek Drive (September 2016) Page 1 of 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS, ZONING FOR TRAFFIC AND RATE OF SPEED THEREIN, ON PEDERNALES FALLS DRIVE IN THE CITY LIMITS OF THE CITY OF GEORGETOWN BETWEEN COOL SPRINGS WAY AND ROCKY HOLLOW CREEK DRIVE AND ROCKY HOLLOW CREEK DRIVE IN THE CITY LIMITS OF THE CITY OF GEORGETOWN BETWEEN PEDERNALES FALLS DRIVE AND COUNTY ROAD 245 DEFINING SPEEDING AND FIXING A PENALTY THEREFOR; DECLARING WHAT MAY BE A SUFFICIENT COMPLAINT IN PROSECUTIONS HEREUNDER; WITH A SAVING CLAUSE REPEALING CONFLICTING LAWS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Cityʹs Systems Engineering Department has determined upon the basis of an Engineering and Traffic investigation that the prima facie maximum speed limit on Pedernales Falls Drive routed between Cool Springs Way and Rocky Hollow Creek Drive, and Rocky Hollow Creek Drive routed between Pedernales Falls Drive and County Road 245 within the corporate limits of the City of Georgetown should be declared and signed indicating the prima facie maximum speed limit; and WHEREAS, the City Council of the City of Georgetown finds it to be in the best interest of the citizens of Georgetown to adopt the speed zones set out herein within the corporate limits of the City of Georgetown. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF GEORGETOWN: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following Vision Statements, Goals and Policies of the 2030 Comprehensive Plan: 3.0 Balanced Transportation/Efficient Mobility A. Georgetown has implemented improvements to the local road and traffic control system, including new thoroughfare linkages to enhance connectivity, improved and coordinated traffic signalization, and standards for access management to enhance traffic flow and safety. Page 115 of 177 Ordinance No. Pedernales Falls Drive Speed Zone (September 2016) Rocky Hollow Creek Drive (September 2016) Page 2 of 3 SECTION 2. Section 10.12.083 of the City of Georgetown Code of Ordinances is hereby adopted and shall provide as follows: Section 10.12.083 Pedernales Falls Drive and Rocky Hollow Creek Drive It is hereby determined upon the basis of an engineering and traffic investigation that the prima facie maximum speed limit(s) on those portions of Pedernales Falls Drive and Rocky Hollow Creek Drive routed in the corporate limits of the City of Georgetown is hereby stated as follows, which prima facie maximum speed limit(s) shall be effective at all times and signs will be erected giving notice of the prima facie maximum speed limit so declared to wit: A. SPEED ZONE 1. For both directions of traffic along Pedernales Falls Drive: Beginning at the centerline of Cool Springs Way to the centerline of Rocky Hollow Creek Drive, a distance of 4,577 feet, a prima facie maximum speed limit of 35 miles per hour. 2. For both directions if traffic along Rocky Hollow Creek Drive: Beginning at the centerline of Pedernales Falls Drive to the east edge of the pavement for County Road 245, a distance of 3,553 feet, a prima facie maximum speed limit of 35 miles per hour. B. That all of the streets of this city, and all portions of any such streets, are hereby declared to be public streets and that the driving or operating of any motor vehicle on or along any portion of any street of this city at a rate of speed that is greater than the maximum rate of speed for said portion of said street, as fixed by this ordinance shall be guilty of a misdemeanor, which is named “The Offense of Speeding” and that the said offense is punishable by a fine in any sum not to exceed two hundred dollars ($200.00). That the use of the word “Speeding” shall be sufficient to designate the said offense, and shall mean that a motor vehicle has been driven upon a public street at a greater rate of speed than fixed by City Ordinance for the street and for the zone thereof, that such motor vehicle was so being driven upon, if zoned. C. That in prosecutions under this ordinance, for the offense of speeding, the complaint, if in other respects sufficient in form, shall as to the portion thereof seeking to acknowledge the offense, be sufficient if it in substance alleges that Page 116 of 177 Ordinance No. Pedernales Falls Drive Speed Zone (September 2016) Rocky Hollow Creek Drive (September 2016) Page 3 of 3 the defendant did while driving a motor vehicle in said city commit the offense of “Speeding.” SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or applications thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective in accordance with the provisions of state law and the City Charter of the City of Georgetown. PASSED AND APPROVED on first reading on this day of September 2016. PASSED AND APPROVED on second reading on this day of October 2016. ATTEST: CITY OF GEORGETOWN, TEXAS By: Shelley Nowling, City Secretary Dale Ross, Mayor APPROVED AS TO FORM: Charlie McNabb, City Attorney Page 117 of 177 C R 2 4 5 R M 2338 E R I D G E W O O D R D P E D E R N A L E S F A L L S D R H O B B Y S T ROCKY HOLLOW CREEK DR T I M B E R L I N E R D K I C K A P O O C R E E K L N S T A N D I N G O A K D R S H E L D O N L A K E D R WILLO W R U N O A K L A N D R D CO O L SPRING W AY H A M I L T O N L N A R R O W H E A D R D R I D G E W O O D C V B E E C R E E K C T S A L A D O C R E E K L N HU NT S V I L L E C V P R A I R I E C R E E K T R L A S T O N C V G R A Y S T O N E L N G A RN E R C V MAJESTIC OAK LN Pr o p o s e d S p e e d L i m i t C h a n g e I 0 5 0 0 1 , 0 0 0 Fe e t Ro c k y H o l l o w C r e e k D r , 3 5 M P H 1239 Pr o p o s e d 3 5 M P H 1239 1239 1239 Page 118 of 177 Page 119 of 177 Page 120 of 177 Page 121 of 177 Ordinance No. Pedernales Falls Drive Speed Zone (September 2016) Rocky Hollow Creek Drive (September 2016) Page 1 of 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS, ZONING FOR TRAFFIC AND RATE OF SPEED THEREIN, ON PEDERNALES FALLS DRIVE IN THE CITY LIMITS OF THE CITY OF GEORGETOWN BETWEEN COOL SPRINGS WAY AND ROCKY HOLLOW CREEK DRIVE AND ROCKY HOLLOW CREEK DRIVE IN THE CITY LIMITS OF THE CITY OF GEORGETOWN BETWEEN PEDERNALES FALLS DRIVE AND COUNTY ROAD 245 DEFINING SPEEDING AND FIXING A PENALTY THEREFOR; DECLARING WHAT MAY BE A SUFFICIENT COMPLAINT IN PROSECUTIONS HEREUNDER; WITH A SAVING CLAUSE REPEALING CONFLICTING LAWS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Cityʹs Systems Engineering Department has determined upon the basis of an Engineering and Traffic investigation that the prima facie maximum speed limit on Pedernales Falls Drive routed between Cool Springs Way and Rocky Hollow Creek Drive, and Rocky Hollow Creek Drive routed between Pedernales Falls Drive and County Road 245 within the corporate limits of the City of Georgetown should be declared and signed indicating the prima facie maximum speed limit; and WHEREAS, the City Council of the City of Georgetown finds it to be in the best interest of the citizens of Georgetown to adopt the speed zones set out herein within the corporate limits of the City of Georgetown. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF GEORGETOWN: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following Vision Statements, Goals and Policies of the 2030 Comprehensive Plan: 3.0 Balanced Transportation/Efficient Mobility A. Georgetown has implemented improvements to the local road and traffic control system, including new thoroughfare linkages to enhance connectivity, improved and coordinated traffic signalization, and standards for access management to enhance traffic flow and safety. Page 122 of 177 Ordinance No. Pedernales Falls Drive Speed Zone (September 2016) Rocky Hollow Creek Drive (September 2016) Page 2 of 3 SECTION 2. Section 10.12.083 of the City of Georgetown Code of Ordinances is hereby adopted and shall provide as follows: Section 10.12.083 Pedernales Falls Drive and Rocky Hollow Creek Drive It is hereby determined upon the basis of an engineering and traffic investigation that the prima facie maximum speed limit(s) on those portions of Pedernales Falls Drive and Rocky Hollow Creek Drive routed in the corporate limits of the City of Georgetown is hereby stated as follows, which prima facie maximum speed limit(s) shall be effective at all times and signs will be erected giving notice of the prima facie maximum speed limit so declared to wit: A. SPEED ZONE 1. For both directions of traffic along Pedernales Falls Drive: Beginning at the centerline of Cool Springs Way to the centerline of Rocky Hollow Creek Drive, a distance of 4,577 feet, a prima facie maximum speed limit of 35 miles per hour. 2. For both directions if traffic along Rocky Hollow Creek Drive: Beginning at the centerline of Pedernales Falls Drive to the east edge of the pavement for County Road 245, a distance of 3,553 feet, a prima facie maximum speed limit of 35 miles per hour. B. That all of the streets of this city, and all portions of any such streets, are hereby declared to be public streets and that the driving or operating of any motor vehicle on or along any portion of any street of this city at a rate of speed that is greater than the maximum rate of speed for said portion of said street, as fixed by this ordinance shall be guilty of a misdemeanor, which is named “The Offense of Speeding” and that the said offense is punishable by a fine in any sum not to exceed two hundred dollars ($200.00). That the use of the word “Speeding” shall be sufficient to designate the said offense, and shall mean that a motor vehicle has been driven upon a public street at a greater rate of speed than fixed by City Ordinance for the street and for the zone thereof, that such motor vehicle was so being driven upon, if zoned. C. That in prosecutions under this ordinance, for the offense of speeding, the complaint, if in other respects sufficient in form, shall as to the portion thereof seeking to acknowledge the offense, be sufficient if it in substance alleges that Page 123 of 177 Ordinance No. Pedernales Falls Drive Speed Zone (September 2016) Rocky Hollow Creek Drive (September 2016) Page 3 of 3 the defendant did while driving a motor vehicle in said city commit the offense of “Speeding.” SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4. If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or applications thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective in accordance with the provisions of state law and the City Charter of the City of Georgetown. PASSED AND APPROVED on first reading on this day of September 2016. PASSED AND APPROVED on second reading on this day of October 2016. ATTEST: CITY OF GEORGETOWN, TEXAS By: Shelley Nowling, City Secretary Dale Ross, Mayor APPROVED AS TO FORM: Charlie McNabb, City Attorney Page 124 of 177 C R 2 4 5 R M 2338 E R I D G E W O O D R D P E D E R N A L E S F A L L S D R H O B B Y S T ROCKY HOLLOW CREEK DR T I M B E R L I N E R D K I C K A P O O C R E E K L N S T A N D I N G O A K D R S H E L D O N L A K E D R WILLO W R U N O A K L A N D R D CO O L SPRING W AY H A M I L T O N L N A R R O W H E A D R D R I D G E W O O D C V B E E C R E E K C T S A L A D O C R E E K L N HU NT S V I L L E C V P R A I R I E C R E E K T R L A S T O N C V G R A Y S T O N E L N G A RN E R C V MAJESTIC OAK LN Pr o p o s e d S p e e d L i m i t C h a n g e I 0 5 0 0 1 , 0 0 0 Fe e t Ro c k y H o l l o w C r e e k D r , 3 5 M P H 1239 Pr o p o s e d 3 5 M P H 1239 1239 1239 Page 125 of 177 Page 126 of 177 Page 127 of 177 Page 128 of 177 Page 129 of 177 Page 130 of 177 Page 131 of 177 Page 132 of 177 Page 133 of 177 Basics of Setting Speed Limits Statutory Requirements and General Background Information Transportation Code, Chapter 545, Subchapter H, Sections 545.355 and 545.356, give cities the authority to alter speed limits within its jurisdictions. When a local jurisdiction alters speed limits, an engineering study is required. The guiding document is Texas Department of Transportation’s Procedures for Establishing Speed Zones, latest edition is 2001. The basic speed law is founded on the belief that the majority of motorists are willing to modify their driving behavior properly, as long as they are aware of the conditions around them. Value of Speed Zoning Although comparative “before‐and‐after” studies indicate that speed limit signs actually have very little influence on the driver’s choice of speed, speed zoning is necessary and does serve a worth‐while purpose. Realistic speed zoning will serve to protect the public and to regulate the unreasonable behavior of an individual. Having recognized that normally careful and competent actions of a reasonable person should be considered legal, the Texas Legislature has passed legislation concerning speed zoning in order to assure this protection. If a speed zone is determined by the actions of the majority of drivers on a highway, then it is hoped that speed zoning will facilitate the orderly movement of traffic by increasing driver awareness of a reasonable and prudent speed. Properly applied speed zoning can: help drivers adjust their speed to the conditions; make enforcement easier by furnishing police officers with a reasonable indication of what is excessive speed; result in more motorists driving within the same speed range at each of the locations along the roadway; and reduce the frequency and severity of crashes when accompanied by enforcement. The Michigan Department of Transportation made a study entitled “Comparison of Speed Zoning Procedures and Their Effectiveness” dated September 1992. The following are some of the study’s conclusions: Posting speed limits within 5 miles per hour of the 85th percentile speed has a beneficial effect, although small, on reducing total crashes but has a major beneficial effect on providing improved driver compliance. (The discussion on the 85th percentile speed is below) Posting speed limits more than 5 miles per hour below the 85th percentile speed does not reduce crashes and has an adverse effect on driver compliance. Page 134 of 177 Speed zoning should not be used as the only corrective measure at high crash locations in lieu of other safety improvements. Guidelines for Selecting Speed Limits When using these procedures cities should observe the following guidelines when selecting speed limits: Speed limits on all roadways should be set based on spot speed studies and the 85th percentile operating speed. Legal minimum and maximum speeds should establish the boundaries of the speed limits. If an existing roadway section’s posted speed limit is to be raised, the roadway’s roadside features should be examined to determine if modifications may be necessary to maintain roadside safety. It is appropriate for posted speed limits to be based on the 85th percentile speed, even for those sections of roadway that have an inferred design speed lower than the 85th percentile speed. Posting a roadway’s speed limit based on its 85th percentile speed is considered good and typical engineering practice. This practice remains valid, even where the inferred design speed is lower than the resulting posted speed limit. In such situations, the posted speed limit would not be considered excessive or unsafe. Arbitrarily setting lower speed limits at point locations due to a perceived shorter than desirable stopping sight distance is neither effective nor good engineering practice. If a section of roadway has (or is expected to have) a posted speed in excess of the roadway’s inferred design speed and a safety concern exists at the location, then appropriate warning or informational signs should be installed to warn or inform drivers of the condition. Slightly shorter than desirable stopping sight distances do not present an unsafe operating condition, because of the conservative assumptions made in establishing desirable stopping sight distances. It is important to remember that any sign is a roadside object and that it should be installed only when its need is clearly demonstrated. New or reconstructed roadways (and roadway sections) should be designed to accommodate operating speeds consistent with the roadway’s highest anticipated posted speed limit based on the roadway’s initial or ultimate function. Regulatory Speeds Regulatory speed zones should be applied only to those locations and sections of roadways which are not dealt with adequately by the general statewide speed limits, and they should be indicators of the speed limitations imposed by physical and traffic conditions at such locations. Speed limits are determined by specific roadway and traffic conditions. Speed limits should not be lowered to the extent necessary for a driver to avoid a collision with a pedestrian or other motorist who is entering or crossing the highway in violation of an existing traffic regulation. A regulatory speed zone is the application, by city ordinance, of posted legal speed limits to sections of roadway where the numerical values of these special speed limits have been Page 135 of 177 determined through engineering investigations of traffic and physical conditions, commonly called a “speed zone study.” The maximum speed limits and the need for minimum speed limits must be determined from the same speed check data. Regulatory speed zones should be determined by specific roadway and traffic conditions. A regulatory speed zone where the numerical values of these special speed limits have been determined through engineering investigations of traffic and physical conditions, commonly called a “speed zone study.” The maximum speed limits and the need for minimum speed limits must be determined from the same speed check data. Determining the 85th Percentile Speed General Concepts The maximum speed limits posted as the result of a study should be based primarily on the 85th percentile speed. Theory Use of the 85th percentile speed concept is based on the theory that: The large majority of drivers: o are reasonable and prudent o do not want to have a crash o desire to reach their destination in the shortest possible time A speed at or below which 85 percent of people drive at any given location under good weather and visibility conditions may be considered as the maximum safe speed for that location. Normal speed checks should: be made on average week days at off‐peak hours be made under favorable weather conditions include only “free floating” vehicles include a minimum of 125 cars in each direction at each station “Free floating” vehicles are those vehicles in which drivers are choosing their own speed When a line of vehicles moving closely behind each other passes the speed check station, only the speed of the first vehicle should be checked, since the other drivers may not be choosing their own speed. Cars involved in passing or turning maneuvers should not be checked, because they are probably driving at an abnormal rate of speed. Page 136 of 177 TRANSPORTATION CODE TITLE 7. VEHICLES AND TRAFFIC SUBTITLE C. RULES OF THE ROAD CHAPTER 551. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES SUBCHAPTER F. GOLF CARTS AND UTILITY VEHICLES Sec. 551.401. DEFINITIONS. In this subchapter: (1) ʺGolf cartʺ and ʺpublic highwayʺ have the meanings assigned by Section 502.001. (2) ʺUtility vehicleʺ means a motor vehicle that is not a golf cart or lawn mower and is: (A) equipped with side‐by‐side seating for the use of the operator and a passenger; (B) designed to propel itself with at least four tires in contact with the ground; (C) designed by the manufacturer for off‐highway use only; and (D) designed by the manufacturer primarily for utility work and not for recreational purposes. Added by Acts 2009, 81st Leg., R.S., Ch. 1136 (H.B. 2553), Sec. 10, eff. September 1, 2009. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1296 (H.B. 2357), Sec. 239, eff. January 1, 2012. Sec. 551.402. REGISTRATION NOT AUTHORIZED. (a) The Texas Department of Motor Vehicles may not register a golf cart for operation on a public highway regardless of whether any alteration has been made to the golf cart. (b) The Texas Department of Motor Vehicles may issue license plates for a golf cart as authorized by Subsection (c). (c) The Texas Department of Motor Vehicles shall by rule establish a procedure to issue the license plates to be used for operation in accordance with Sections 551.403 and 551.404. (d) The Texas Department of Motor Vehicles may charge a fee not to exceed $10 for the cost of the license plate. Added by Acts 2009, 81st Leg., R.S., Ch. 1136 (H.B. 2553), Sec. 10, eff. September 1, 2009. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 877 (H.B. 719), Sec. 1, eff. June 14, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1135 (H.B. 2741), Sec. 95, eff. September 1, 2013. Sec. 551.403. LIMITED OPERATION. (a) An operator may operate a golf cart: (1) in a master planned community: (A) that has in place a uniform set of restrictive covenants; and (B) for which a county or municipality has approved a plat; (2) on a public or private beach; or (3) on a public highway for which the posted speed limit is not more than 35 miles per hour, if the golf cart is operated: (A) during the daytime; and Page 137 of 177 (B) not more than two miles from the location where the golf cart is usually parked and for transportation to or from a golf course. (b) The Texas Department of Transportation or a county or municipality may prohibit the operation of a golf cart on a public highway if the department or the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety. Added by Acts 2009, 81st Leg., R.S., Ch. 1136 (H.B. 2553), Sec. 10, eff. September 1, 2009. Sec. 551.404. OPERATION IN MUNICIPALITIES AND CERTAIN COUNTIES. (a) In addition to the operation authorized by Section 551.403, the governing body of a municipality may allow an operator to operate a golf cart on all or part of a public highway that: (1) is in the corporate boundaries of the municipality; and (2) has a posted speed limit of not more than 35 miles per hour. (a‐1) In addition to the operation authorized by Section 551.403, the commissioners court of a county described by Subsection (a‐2) may allow an operator to operate a golf cart or utility vehicle on all or part of a public highway that: (1) is located in the unincorporated area of the county; and (2) has a speed limit of not more than 35 miles per hour. (a‐2) Subsection (a‐1) applies only to a county that: (1) borders or contains a portion of the Red River; (2) borders or contains a portion of the Guadalupe River and contains a part of a barrier island that borders the Gulf of Mexico; or (3) is adjacent to a county described by Subdivision (2) and: (A) has a population of less than 30,000; and (B) contains a part of a barrier island that borders the Gulf of Mexico. (b) A golf cart or utility vehicle operated under this section must have the following equipment: (1) headlamps; (2) taillamps; (3) reflectors; (4) parking brake; and (5) mirrors. Added by Acts 2009, 81st Leg., R.S., Ch. 1136 (H.B. 2553), Sec. 10, eff. September 1, 2009. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1296 (H.B. 2357), Sec. 240, eff. January 1, 2012. Acts 2011, 82nd Leg., R.S., Ch. 1296 (H.B. 2357), Sec. 241, eff. January 1, 2012. Acts 2013, 83rd Leg., R.S., Ch. 877 (H.B. 719), Sec. 2, eff. June 14, 2013. Sec. 551.405. CROSSING CERTAIN ROADWAYS. A golf cart may cross intersections, including a road or street that has a posted speed limit of more than 35 miles per hour. Added by Acts 2009, 81st Leg., R.S., Ch. 1136 (H.B. 2553), Sec. 10, eff. September 1, 2009. Page 138 of 177 City of Georgetown, Texas City Council Regula r Meeting October 11, 2016 SUBJECT: Second Readi ng of an Ordinance to approve amending the Code of Ordinances, Chapter 2.114 related to the membershi p requi rements for the Strategi c P artnershi ps F or Communi ty Servi ces Advi so ry Board, repe aling conflicting Ordinances and Resolutions; and providing an effective date -- Shirley Rinn, Staff Liaiso n for the Strate gic P artnerships for Community Services Advisory Bo ard (acti o n requi red) ITEM SUMMARY: The Strategic P artnerships for Community Services Advisory Bo ard was created to assist the City Council with the re vie w of the grant applications that were received fro m 5 01(c)(3) organizations requesting funding from the City and to also make grant allocation reco mmendations to the City Co uncil based on that review. The SPCS Advisory Board has no w had the oppo rtunity to co mplete two full cycles for the grant application process, and in doing so , determined that it would like to make a recommendation to the City Council to modify the board membership requirements in order keep the board membership balanced with no t o nly members who had a financial background, but also members who have a wo rking knowledge of non-pro fits. At its January 20, 2016 meeting, the SP CS Advisory Bo ard took the following action: Moti on by Cushing, second by Pukys to recommend to the City Council that the membership require ments for the Strategic Partnerships for Community Services be mo dified as follows: Sec. 2 .114 .01 0. - Created; membership. A . There is created the "Strategic P artnerships fo r Co mmunity Services Advisory Board" of the City o f Georgetown (the "Board"). This Chapter supplements the pro visions of Code of Ordinances Chapter 2.36 City Commissio ns, Committees, and Boards. B . The Bo ard shall co nsist o f five members. Members shall be appointed in accordance with the City Charter. Members shall be se lected from the following categorie s including: 1 . One member who is a CPA or Accountant, preferably with nonprofit financial background; and 2 . One Tw o members with a stro ng working knowledge o f lo c al nonpro fits; and 3 . One member with expe rtise in grant writing and/or grant e valuation; and 4 . Tw o One citizens-at-large with rele vant expertise in fields such as health care, including vision and dental he althcare, education, etc. If no qualified individuals are available, appointments shall be made in acco rdance with the Code o f Ordinances Chapter 2 .36 .03 0(G). C. The members shall reside in the c orpo rate City limits or the e xtraterrito rial jurisdiction of the City. Appro ved 5-0 The SPCS Advisory Board respectfully requests that the City Co uncil consider appro val of the pro posed amendment to the Ordinance and the Resolutio n Amending the Bylaws to modify the me mbership requirements for this Advisory Bo ard as reflected in the reco mmendations outlined abo ve. The First Reading o f this Ordinance Amendment was approved at the September 27, 2 01 6 City Council Meeting. ATTACHMENTS 1. Memo dated February 23, 2 016 to Mayo r Ross from C.O. Smith, the previo us Bo ard Chair for the Strate gic Partnerships for Community Services Adviso ry Bo ard 2. Propose d Ordinance 3. Exhibit “A” P ropo sed Ordinance Amendme nt 4. Resolutio n Amending Bylaws 5. Propose d Bylaws FINANCIAL IMPACT: None SUBMITTED BY: Shirley J. Rinn, Executive Assistant to the City Manager Page 139 of 177 ATTACHMENT S: Description Memo fro m C.O. Smith, Board Chair P ro p o s ed Ord inance Exhib it A Res o lutio n Amend ing Bylaws S PCS Ad viso ry Bo ard P ro p o s ed Bylaws Page 140 of 177 Memo To: Mayor Dale Ross cc: Shelley Nowling City Secretary David Morgan City Manager Skye Masson Assistant City Attorney From: C.O. Smith Board Chair Strategic Partnerships for Community Services Advisory Board Date: February 23, 2016 Re: Requirements for SPCS Advisory Board Membership As you know, the Strategic Partnerships for Community Services Advisory Board was created to assist the City Council with the review of the grant applications that were received from 501(c)(3) organizations requesting funding from the City and to also make grant allocation recommendations to the City Council based on that review. The SPCS Advisory Board has now had the opportunity to complete a full cycle for the grant application process, and in doing so, determined that it would like to make a recommendation to the City Council to modify the board membership requirements in order keep the board membership balanced with not only members who had a financial background, but also members who have a working knowledge of non-profits. At its January 20, 2016 meeting, the SPCS Advisory Board took the following action: Motion by Cushing, second by Pukys to recommend to the City Council that the membership requirements for the Strategic Partnerships for Community Services be modified as follows: Sec. 2.114.010. - Created; membership. A. There is created the "Strategic Partnerships for Community Services Advisory Board" of the City of Georgetown (the "Board"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. Page 141 of 177 Mayor Dale Ross Page 2 of 2 February 23, 2016 B. The Board shall consist of five members. Members shall be appointed in accordance with the City Charter. Members shall be selected from the following categories including: 1. One member who is a CPA or Accountant, preferably with nonprofit financial background; and 2. One Two members with a strong working knowledge of local nonprofits; and 3. One member with expertise in grant writing and/or grant evaluation; and 4. Two One citizens-at-large with relevant expertise in fields such as health care, including vision and dental healthcare, education, etc. If no qualified individuals are available, appointments shall be made in accordance with the Code of Ordinances Chapter 2.36.030(G). C. The members shall reside in the corporate City limits or the extraterritorial jurisdiction of the City. Approved 5-0 The SPCS Advisory Board respectfully requests that its recommendation to revise the membership requirements be placed on a future Council Agenda for City Council consideration to amend the Ordinance and Bylaws for this Advisory Board to reflect the recommendations outlined above prior to the Boards & Commissions Board Member appointment process for FY 2016-17. Thank you. Page 142 of 177 Amending Membership Requirements for the Strategic Partnerships for Page 1 of 2 Community Services Advisory Board Ordinance: 2016- Date Approved: Ordinance No. _______________ AN ORDINANCE OF THE CITY COUNCIL (“COUNCIL”) OF THE CITY OF GEORGETOWN, TEXAS (“CITY”) AMENDING THE CODE OF ORDINANCES, CHAPTER 2.114 RELATED TO THE MEMBERSHIP REQUIREMENTS FOR THE “STRATEGIC PARTNERSHIPS FOR COMMUNITY SERVICES ADVISORY BOARD”; REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds it necessary to amend Title 2 of the Code of Ordinances by amending the membership requirements for the Strategic Partnerships for Community Services Advisory Board; WHEREAS, the amendments contained in this ordinance were considered and completed by the Strategic Partnerships for Community Services Advisory Board for deliberation and approval by the City Council; and WHEREAS, every general ordinance enacted subsequent to codification shall be enacted as an amendment to the Code; 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. Section 2. Portions of the following chapter of the Code of Ordinances are hereby amended as described in Exhibit “A”: Exhibit A — Chapter 2.114 “Strategic Partnerships for Community Services Advisory Board” Section 3. All ordinances that are in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. Page 143 of 177 Amending Membership Requirements for the Strategic Partnerships for Page 2 of 2 Community Services Advisory Board Ordinance: 2016- Date Approved: Section 4. If any provision of this Ordinance, or application thereof, to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. Section 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This Ordinance shall become effective and be in full force and effect 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 27th day of September, 2016. PASSED AND APPROVED on Second Reading on the 11th day of October, 2016. ATTEST: THE CITY OF GEORGETOWN: ___ Shelly Nowling, City Secretary Dale Ross, Mayor APPROVED AS TO FORM: ______________________________ Charlie McNabb, City Attorney Page 144 of 177 Exhibit A - Chapter 2.114 “Strategic Partnerships for Community Services Advisory Board” Page 1 of 1 Exhibit A Chapter 2.114 “Strategic Partnerships for Community Services Advisory Board” Sec. 2.114.010. - Created; membership. A. There is created the “Strategic Partnerships for Community Services Advisory Board” of the City of Georgetown (the "Board"). This Chapter supplements the provisions of Code of Ordinances Chapter 2.36 City Commissions, Committees, and Boards. B. The Board shall consist of five members. Members shall be appointed in accordance with the City Charter. Members shall be selected from the following categories including: 1. One member who is a CPA or Accountant, preferably with nonprofit financial background; and 2. OneTwo members with a strong working knowledge of local nonprofits; and 3. One member with expertise in grant writing and/or grant evaluation; and 4. TwoOne citizens-at-large with relevant expertise in fields such as health care, including vision and dental healthcare, education, etc. If no qualified individuals are available, appointments shall be made in accordance with the Code of Ordinances Chapter 2.36.030(G). C. The members shall reside in the corporate City limits or the extraterritorial jurisdiction of the City. Sec. 2.114.020. - Purpose. The City of Georgetown values partnerships with organizations that are committed to addressing our community’s greatest public challenges. The purpose of City funding to the nonprofit sector is to cultivate and sustain partnerships with 501(c)3 organizations that strengthen the City’s key priorities in the following areas: Public Safety; Transportation; Housing; Parks and Recreation; Veteran Services; and Safety Net. The Board will participate in the grant funding process, will review and evaluate applications submitted for City funds, and will make recommendations to the City Council in accordance with the policies and guidelines established by the City Council. Page 145 of 177 Amending Strategic Partnerships for Page 1 of 2 Community Services Advisory Board Bylaws Resolution No. Approved: October 11, 2016 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS APPROVING AND ADOPTING THE ATTACHED BYLAWS AS AMENDED FOR THE STRATEGIC PARTNERSHIPS FOR COMMUNITY SERVICES ADVISORY BOARD; PROVIDING A CONFLICT CLAUSE AND SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on September 27, 2016 and October 11, 2016, the City Council reviewed the membership requirements of the City’s Strategic Partnerships for Community Services Advisory Board; and WHEREAS, the Code of Ordinances regarding the Strategic Partnerships for Community Services Advisory Board has been amended to update the membership requirements; and WHEREAS, the attached Bylaws have been amended pursuant to City Council direction. NOW THEREFORE BE IT RESOLVED: SECTION ONE. The facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION TWO. The following Bylaws, attached to this Resolution, are approved and adopted: Exhibit A – “Strategic Partnerships for Community Services Advisory Board Bylaws” SECTION THREE. If any provision of this Resolution 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 Resolution which Page 146 of 177 Amending Strategic Partnerships for Page 2 of 2 Community Services Advisory Board Bylaws Resolution No. Approved: October 11, 2016 can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are hereby declared to be severable. SECTION FOUR. This Resolution shall be effective immediately. SECTION FIVE. The Mayor is hereby authorized to sign this Resolution and the City Secretary to attest. This Resolution shall become effective upon its adoption. PASSED AND APPROVED on the _____ day of October, 2016. ATTEST: CITY OF GEORGETOWN, TEXAS By: By: Shelley Nowling, City Secretary Dale Ross, Mayor APPROVED AS TO FORM: Charlie McNabb, City Attorney Page 147 of 177 EXHIBIT “A” Strategic Partnerships for Community Services Advisory Board Original Bylaws Approved February 24, 2015 First Amended Bylaws Approved December 8, 2015 Second Amended Bylaw Approved October 11, 2016 Page 1 of 6 CITY OF GEORGETOWN STRATEGIC PARTNERSHIPS FOR COMMUNITY SERVICES ADVISORY BOARD BYLAWS ARTICLE I. NAME AND PURPOSE Section 1.1. Name. Strategic Partnerships for Community Services Advisory Board (“Board”). Section 1.2. Purpose. The City of Georgetown values partnerships with organizations that are committed to addressing our community’s greatest public challenges. The purpose of City funding to the nonprofit sector is to cultivate and sustain partnerships with 501(c)3 organizations that strengthen the City’s key priorities in the following areas: Public Safety; Transportation; Housing; Parks and Recreation; Veteran Services; and Safety Net. The Board will participate in the grant funding process, will review and evaluate applications submitted for City funds, and will make recommendations to the City Council in accordance with the policies and guidelines established by the City Council. See Ordinance Chapter 2.114. ARTICLE II. MEMBERSHIP Section 2.1. Number of Members. The Board will be comprised of five (5) Members. Section 2.2. Eligibility. Each Member shall reside in the City of Georgetown corporate limits or the extraterritorial jurisdiction of the City. See Ordinance Chapter 2.114 Members shall be selected from the following categories including: 1. One member who is a CPA or Accountant, preferably with nonprofit financial background; 2. OneTwo members with a strong working knowledge of local nonprofits; 3. One member with expertise in grant writing and/or grant evaluation; and 4. TwoOne citizen s-at-large with relevant expertise in fields such as health care, education, etc. Page 148 of 177 EXHIBIT “A” Strategic Partnerships for Community Services Advisory Board Original Bylaws Approved February 24, 2015 First Amended Bylaws Approved December 8, 2015 Second Amended Bylaw Approved October 11, 2016 Page 2 of 6 If no qualified individuals are available, appointments may be made in accordance with the Code of Ordinances Chapter 2.36.030(G). Section 2.3. Appointment of Board Members. Members of the Board shall be appointed pursuant to and in accordance with the City Charter. Section 2.4. Terms of Office. Generally, terms of office for each Member shall be two (2) years. Generally, a Member may serve two (2) consecutive terms. Refer to Ordinance Section 2.36.030A for additional provisions regarding terms of office. Section 2.5. Vacancies. Vacancies that occur during a term shall be filled as soon as reasonably possible and in the same manner as an appointment in accordance with the City Charter. If possible, the Member shall continue to serve until the vacancy is filled. An appointment to fill a vacated term is not included as a term for purposes of counting consecutive terms. Section 2.6. Compensation and Expenditure of Funds. Members serve without compensation. The Board and its Members have no authority to expend funds or to incur or make an obligation on behalf of the City unless authorized and approved by the City Council. Members may be reimbursed for expenses authorized and approved by the City Council and the Board. Section 2.7. Compliance with City Policy. Members will comply with City Ordinances, Rules and Policies applicable to the Board and the Members, including but not limited to Ethics Ordinance Chapter 2.20 and City Commissions, Committees and Boards Ordinance Chapter 2.36. Section 2.8. Removal. Any Member may be removed from their position on the Board for any reason, or for no reason, by a majority vote of the City Council. ARTICLE III. BOARD OFFICERS Section 3.1. Officers. The Board Officers are Chairman, Vice-Chairman and Secretary. The Chairman is recommended by the Mayor and the City Council shall approve the recommendation by a vote of the majority of the Council during the annual appointment process. Should the Mayor fail to recommend a Chairman for each board, committee, or commission, and/or the Council fails to approve any Chairman recommended by the Mayor, a majority of the Council plus one may approve appointment of a Chairman to Page 149 of 177 EXHIBIT “A” Strategic Partnerships for Community Services Advisory Board Original Bylaws Approved February 24, 2015 First Amended Bylaws Approved December 8, 2015 Second Amended Bylaw Approved October 11, 2016 Page 3 of 6 serve as Chairman without a recommendation of the Mayor. The other Board Officers are elected by a majority vote of the Members at the first meeting after the annual appointment process. Section 3.2. Terms of Office for Board Officers. Board Officers serve for a term of one year. In the event of vacancy in the office of Chairman, the Vice-Chairman shall serve as Chairman until the City Council appoints a replacement Chairman. A vacancy in the other offices shall be elected by majority vote of the Members at the next regularly scheduled meeting, or as soon as reasonably practical for the unexpired term. If possible, a Board Officer shall continue to serve until the vacancy is filled. Section 3.3. Duties. a. The Chairman presides at Board meetings. The Chairman shall generally manage the business of the Board. The Chairman shall perform the duties delegated to the Chairman by the Board. b. The Vice-Chairman shall perform the duties delegated to the Vice-Chairman by the Board. The Vice-Chairman presides at Board meetings in the Chairman’s absence. The Vice-Chairman shall perform the duties of the Chairman in the Chairman’s absence or disability. c. The Secretary shall perform the duties delegated to the Secretary by the Board. ARTICLE IV. MEETINGS Section 4.1. Time and Date of Regular Meeting. The Board shall schedule all regular meetings in accordance with the requirements of the Board’s responsibilities. Section 4.2. Agenda. Items may be placed on the agenda by the Chairman, the City Manager or designee, or at the request of a Member. The party (or individual) requesting the agenda item will be responsible for preparing an agenda item cover sheet and for the initial presentation at the meeting. Items included on the agenda must be submitted to the Staff Liaison no later than one week before the Board meeting at which the agenda item will be considered. Agenda packets for regular meetings will be provided to the Members in advance of the scheduled Board meeting. Agenda packets will contain the posted agenda, agenda item cover sheets, and written minutes of the last meeting. Page 150 of 177 EXHIBIT “A” Strategic Partnerships for Community Services Advisory Board Original Bylaws Approved February 24, 2015 First Amended Bylaws Approved December 8, 2015 Second Amended Bylaw Approved October 11, 2016 Page 4 of 6 Section 4.3. Special Meetings. Special meetings may be called by the Chairman or by three (3) Members. Section 4.4. Quorum. A quorum shall consist of a majority of the Members. A quorum is required for the Board to convene a meeting and to conduct business at a meeting. Section 4.5. Call to Order. Board meetings will be called to order by the Chairman or, if absent, by the Vice-Chairman. In the absence of both the Chairman and Vice-Chairman, the meeting shall be called to order by the Secretary, and a temporary Chairman shall be elected to preside over the meeting. Section 4.6. Conduct of Meeting. Board meetings will be conducted in accordance with these Bylaws and City Council Meeting Rules and Procedures, as applicable to the Board. See Ordinance Chapter 2.24. Section 4.7. Voting. Each Member shall vote on all agenda items, except on matters involving a conflict of interest, substantial financial interest or substantial economic interest under state law, the City’s Ethics Ordinance, or other applicable Laws, Rules and Policies. In such instances the Member shall make the required disclosures and shall refrain from participating in both the discussion and vote on the matter. The Member may remain at the dais or leave the dais, at the Member’s option, while the matter is being considered and voted on by the other Board Members. Unless otherwise provided by law, if a quorum is present, an agenda item must be approved by a majority of the Board Members present at the meeting. Section 4.8. Minutes. A recording or written minutes shall be made of all open sessions of Board meetings. The Staff Liaison is the custodian of all Board records and documents. Section 4.9. Attendance. Members are required to attend Board meetings prepared to discuss the issues on the agenda. A Member shall notify the Chairman and the Staff Liaison if the Member is unable to attend a meeting. Excessive absenteeism will be subject to action under Council policy and may result in the Member being replaced on the Board. See Ordinance Section 2.36.010D. Excessive absenteeism means failure to attend at least 75% of regularly scheduled meetings, including Board meetings and Subcommittee meetings. If a Member is removed from the Board that position shall be considered vacant and a new Member shall be appointed to the Board in accordance with Section 2.5 above. Page 151 of 177 EXHIBIT “A” Strategic Partnerships for Community Services Advisory Board Original Bylaws Approved February 24, 2015 First Amended Bylaws Approved December 8, 2015 Second Amended Bylaw Approved October 11, 2016 Page 5 of 6 Section 4.10. Public Participation. In accordance with City policy, the public is welcome and invited to attend Board meetings and to speak on any item on the agenda. A person wishing to address the Board must sign up to speak in accordance with the policy of the Council concerning participation and general public comment at public meetings. Sign-up sheets will be available and should be submitted to the Chairman prior to the start of the meeting. If any written materials are to be provided to the Board, a copy shall also be provided to the Staff Liaison for inclusion in the minutes of the meeting. Speakers shall be allowed a maximum of three minutes to speak, but may take up to six minutes if another individual who signs up to speak yields the time to the speaker. If a person wishes to speak on an issue that is not posted on the agenda, they must file a written request with the Staff Liaison no later than one week before the scheduled meeting. The written request must state the specific topic to be addressed and include sufficient information to inform the Board and the public. A person who disrupts the meeting may be asked to leave and be removed. Section 4.11. Open Meetings. Public notice of Board meetings shall be provided in accordance with the provisions of the Texas Open Meetings Act. All Board meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. Section 4.12. Closed Sessions. The Board may conduct closed sessions as allowed by law, on properly noticed closed session matters, such as consultation with attorney on legal matters, deliberation regarding the value of real property, competitive utility matters, and economic development negotiations. A recording or certified agenda shall be made of all closed sessions of Board meetings. ARTICLE V. REPORTS TO CITY COUNCIL The Board shall meet with City Council, as requested, to determine how the Board may best serve and assist City Council. City Council shall hear reports from the Board at regularly scheduled Council meetings. ARTICLE VI. SUBCOMMITTEES Page 152 of 177 EXHIBIT “A” Strategic Partnerships for Community Services Advisory Board Original Bylaws Approved February 24, 2015 First Amended Bylaws Approved December 8, 2015 Second Amended Bylaw Approved October 11, 2016 Page 6 of 6 Section 6.1. Formation. When deemed necessary by a majority of the Board, Subcommittees may be formed for specific projects related to Board matters. Subcommittees comprised of non-Members may only be formed with the prior consent and confirmation of the City Council. Section 6.2. Expenditure of Funds. No Subcommittee, or member of a Subcommittee, has the authority to expend funds or incur an obligation on behalf of the City or the Board. Subcommittee expenses may be reimbursed if authorized and approved by the Board or by City Council. Section 6.3. Open Meetings. Subcommittee meetings and deliberations shall be open to the public, except for properly noticed closed session matters, and shall be conducted in accordance with the provisions of the Texas Open Meetings Act. ARTICLE VII. BYLAW AMENDMENTS These Bylaws may be amended by majority vote of the Board Members at any regular meeting of the Board. The Board’s proposed amendments to the Bylaws must be approved by City Council at the next Council meeting after the Board’s approval. Bylaw amendments are not effective until approved by City Council. Approved and adopted at a meeting of the City Council on the 11th day of October, 2016. ATTEST: THE CITY OF GEORGETOWN _____ _____ Shelley Nowling, City Secretary Dale Ross, Mayor Approved and adopted at a meeting of the Board on the ______ day of _________________, 2016. ATTEST: BOARD _____ _____ George Porter, Board Secretary Suzy Pukys, Board Chairman Page 153 of 177 City of Georgetown, Texas City Council Regula r Meeting October 11, 2016 SUBJECT: P roject updates and status reports regarding current and future transportation and traffic project; street, sidewalk, and other infrastructure pro jects; police, fire and other public safety pro jects; econo mic development projects; city facility projects;downtown projects including parking enhanceme nts,c ity lease agreements, and possible direction to city staff -- David Morgan, City Manager ITEM SUMMARY: The City Council has requested regular updates regarding the status of projects, as well as the ability to discuss the se projects as a collective. FINANCIAL IMPACT: This is an Council Update Item. SUBMITTED BY: Shirley J. Rinn o n be half of David S. Morgan, City Manager ATTACHMENT S: Description GTEC Projec t S tatus GTEC Projec t P ro gres s Status GTAB Pro jec t Updates GEDCO Projec t Update Page 154 of 177 Current Capital Improvement Projects TIP No. Project No. Update On Schedule/ Or Behind Project Budget Project Cost Available Current Year Projected Current Year Cost Current Year Available Lakeway Drive Overpass #10 5QL Project Complete. Complete 2,500,000 2,500,000 0 0 0 Southeast Arterial 1 (Sam Houston Avenue)#12 5QG Project Complete. Complete 12,995,625 10,478,499 2,517,126 0 0 Wolf Ranch Parkway Extension (SW Bypass to DB Wood Road) #14A 5QW Project Complete. Complete 1,330,000 1,111,233 218,767 283,350 0 283,350 Southwest Bypass (SH29 to RR2243)#14B 5QC Project Complete. Complete 7,756,432 3,225,132 4,531,300 4,539,107 5,787 4,533,320 Northwest Blvd Overpass #QQ 5QX Engineer is coordinating design with the design for Rivery Boulevard in moving towards construction PS&E for both projects to minimize overlap work between these two projects. Engineer is developing alternatives for storm water outfall. Construction tentatively scheduled to begin mid-FY 2019. In-process Unchanged 1,136,178 1,099,076 37,102 571,178 479,588 91,590 NB Frontage Road (SS 158 to Lakeway)#QQ 5QY We have been informed by TxDOT that it will be doing the Schematic, Environmental, etc., and PS&E for the NB Frontage Road as part of its proposed Williams Drive Bridge project. The City project is on indefinite hold but we will be coordinating with TxDOT on its design project. Indefinite Hold Unchanged 613,822 613,822 0 382,822 382,822 0 ROW - 1460 #EEa #EEb #EEc 5RB Under Construction. Tentatively scheduled to be complete Spring 2018 (TxDOT is administering construction) Utility relocations - ongoing. Two Utility companies (Atmos Energy and Seminole Pipeline) have subnitted invoices for completed relocations for reimbursement. One remaining parcel – pending final closing documents. Under Construction Unchanged 11,788,230 5,348,470 6,439,760 6,727,539 2,315,896 4,411,643 TCS/RR Easement 5RD Project Complete. Complete 1,500,000 1,503,148 -3,148 0 0 FM 971 / Washam 5RE Project Complete. Complete 100,000 0 100,000 0 0 Rivery Road 5RF Project Complete. Complete 779,000 29,000 750,000 750,000 0 750,000 Rivery Boulevard 5RM City staff reviewing 75% plans. Appraisals complete. Offers have been made to all 22 parcels. Acquired 6 Closed 4 pending Condemnations 0. Construction tentatively scheduled to begin mid FY 2018. On Schedule Unchanged GTEC PROJECT UPDATE AND STATUS REPORT August 2016 Project to Date Current Year Budget (13/14) L:\Global\CIP Budgetary Worksheets\GTEC Status Report\2016\GTEC - Project Status - 2016-08.xlsx Page 1 of 2 8/31/2016Page 155 of 177 Current Capital Improvement Projects TIP No. Project No. Update On Schedule/ Or Behind Project Budget Project Cost Available Current Year Projected Current Year Cost Current Year Available GTEC PROJECT UPDATE AND STATUS REPORT August 2016 Project to Date Current Year Budget (13/14) Snead Drive 5QZ Project Complete. Complete 825,100 87,000 738,100 825,100 87,000 738,100 Mays Street Extension 5RI Design is Complete ROW acquisition on‐going (4 of 6 parcels acquired) Project advertised June 12th and 19th; Bids to be opened June 30th; GTEC – July 20th; Council – August 9th; Anticipated NTP – Late‐August Anticipated completion Summer 2017 In Process 196,000 196,000 0 196,000 196,000 0 IH 35/ Hwy 29 Intersection 5RJ TBD 650,000 0 650,000 650,000 0 650,000 Current Economic Development Projects Project Type Project No. Update On Schedule/ Or Behind Project Budget Project Cost Available Current Year Budget Current Year Cost Current Year Available 100 S. Austin Ave Eco Devo Project 5RA In-process 507,000 507,000 0 0 Williams Drive Gateway 5RC Engineer working on schematic design alternatives and preliminary cost estimates. On Schedule 65,000 61720 3,280 0 0 Economic Development Projects 1,137,500 1,137,500 1,137,500 0 1,137,500 16,062,596 3,467,093 12,595,503 Project to Date Current Year Budget (13/14) L:\Global\CIP Budgetary Worksheets\GTEC Status Report\2016\GTEC - Project Status - 2016-08.xlsx Page 2 of 2 8/31/2016Page 156 of 177 FM 1460 (Quail Valley Drive to University Drive) Project No. 5RB TIP No. BO & CD Rights‐of‐Way Acquisition and Utility Relocation September 2016 Unchanged Project Description Acquisition of ROW and relocation of utilities for the FM 1460 Project (Quail Valley Drive to University Drive). Purpose To have all ROWs cleared and utilities prior to TxDOT letting the project for construction. Project Managers Ed Polasek, AICP, and Bill Dryden, P.E. Engineer Brown and Gay Engineers, Inc. Element Status / Issues Design Complete Environmental/ Archeological Complete Rights of Way One (1) remaining parcel – pending closing documents. Section: North South Acquired: 35 8 Pending: 1 ‐ Condemnation: 0 ‐ Total: 36 8 Utility Relocations Ongoing Two Utility companies have submitted invoices for reimbursement – Atmos Energy and Seminole Pipeline Construction Under Construction. Tentatively scheduled to be complete Spring 2018. Other Issues Engineer preparing Change Orders for construction contract. Page 157 of 177 Mays Street Extension (Teravista Parkway in Round Rock to the intersection with Westinghouse Road) Project No. 5RI TIP No. CK September 2016 Project Description Extend Mays Street northward from Teravista Parkway to the existing intersection with Westinghouse Road at Rabbit Hill Road. The widening along Westinghouse Road and Rabbit Hill Road will also be included in the schematic for additional turning lanes to/from Westinghouse Road. Preliminary layouts for future signals and roadway illumination will also be included. The project length along the anticipated alignment is approximately 1.2 miles. Purpose To develop final PS&E and complete construction of the project. Project Managers Bill Dryden, P.E. Ken Taylor (Construction) Engineer CP&Y, Inc. Element Status / Issues Design Complete Environmental/ Archeological Complete Rights of Way ROW acquisition – on‐going Total Parcels: 6 Acquired: 4 Pending: 2 Utility Relocations TBD Construction Council – August 9th; Contracts being processed for signatures Anticipated NTP – September Anticipated completion Summer 2017 Other Issues Page 158 of 177 NB Frontage Road (SS 158 to Lakeway Drive) Project No. 5QX TIP No. AF September 2016 Unchanged Project Description Design and construct a portion of an IH‐35 NB Frontage Road from Williams Drive to Northwest Boulevard Bridge of a proposed NB FR which would ultimately extend to Lakeway Drive. Purpose To relieve congestion in the Williams Drive/Austin Avenue intersection by providing a NB alternate, interim route to FM 971 and Georgetown High School. This project is the only remaining portion of IH 35 in Central Texas without a frontage road existing, under construction or being designed. Project Manager Bill Dryden Engineer Klotz Associates Element Status / Issues Design We have been informed by TxDOT that it will be doing the Schematic, Environmental, etc., and PS&E for the NB Frontage Road as part of its proposed Williams Drive Bridge project. The City project is on indefinite hold but we will continue coordination with TxDOT on its design of the project. Environmental/ Archeology TBD – By TxDOT Rights of Way None identified Utility Relocations TBD Construction TBD Other Issues None at this time. Page 159 of 177 Northwest Boulevard (Fontana Drive to Austin Avenue) Project No. 5QX TIP No. AF September 2016 Unchanged Project Description Construction of overpass and surface roads to connect Northwest Boulevard with Austin Avenue and FM 971. Purpose This project will relieve congestion at the Austin Avenue/Williams Drive intersection and provide a more direct access from the west side of IH 35 corridor to Georgetown High School and SH 130 via FM 971. Project Manager Joel Weaver; Bill Dryden, P.E. Engineer Klotz Associates Element Status / Issues Design Engineer is coordinating design with the design for Rivery Boulevard in moving towards construction PS&E for both projects to minimize overlap work between these two projects. Engineer has developed alternatives for stormwater outfall northward from NW Blvd. Environmental/ Archeological Concurrent with preliminary engineering and schematic design. Rights of Way ROW Documents are being finalized. Part of the ROW for this project is being required to complete the Rivery Boulevard Extension project. Utility Relocations TBD Construction Tentatively scheduled to begin mid‐FY 2019. Other Issues Paper work has been submitted to TxDOT to create an AFA for design and environmental reviews of the bridge over I 35. Page 160 of 177 Rabbit Hill Road Improvements Project (Westinghouse Road to S. Clearview Drive) Project No. 5RQ TIP No. BZ September 2016 Unchanged Project Description Reconstruct Rabbit Hill Road from Westinghouse Road northward to S. Clearview Dr. Widening along Westinghouse Road will also be included in the schematic for additional turning lanes to/from Westinghouse Road. The project length along the anticipated alignment is approximately 0.75 miles Purpose To develop final PS&E and complete construction of the project. Project Managers Joel Weaver; Bill Dryden, P.E. Engineer CP&Y, Inc. Element Status / Issues Design Task Order awarded by Council August 9, 2016 Environmental/ Archeological TBD Rights of Way ROW – TBD Total Parcels: Acquired: Pending: Utility Relocations TBD Construction Tentatively scheduled to be bid Summer 2017 Other Issues Page 161 of 177 Rivery Boulevard (TIA Improvements) Project No. 5RP TIP No. None September 2016 Project Description Develop the Plans, Specifications and Estimate for roadway improvements necessitated by the development for the Summit at Rivery. Purpose To provide improved traffic flow into the Summit at Rivery hotel and conference center from Rivery Boulevard. Project Manager Joel Weaver; Bill Dryden, P.E. Engineer M&S Engineering, LLC Element Status / Issues Design Design contract awarded by Council; NTP issued to Engineer. Environmental/ Archeology TBD Rights of Way TBD Total Parcels: Appraised: Offers: Acquired: Closing pending: Condemnation: Utility Relocations TBD Construction Tentatively scheduled to begin Spring 2017 Other Issues TBD Page 162 of 177 Rivery Boulevard Extension (Williams Drive to Northwest Boulevard @ Fontana Drive) Project No. 5RM TIP No. AD September 2016 Unchanged Project Description Develop the Rights‐of‐Way Map, acquire ROW, address potential environmental issues and complete construction plans specifications and estimate (PS&E) for the extension of Rivery Boulevard from Williams Drive to Northwest Boulevard at Fontana Drive in anticipation of future funding availability. Purpose To provide a route between Williams Drive and Northwest Boulevard serving the Gateway area, providing an alternate route from Williams Drive to the future Northwest Boulevard Bridge over IH 35, to provide a route between the hotels in the Gateway area and the proposed Conference Center near Rivery Boulevard and Wolf Ranch Parkway. Project Manager Joel Weaver; Bill Dryden, P.E. Engineer Kasberg Patrick and Associates Element Status / Issues Design City staff reviewing 75% plans. Environmental/ Archeology Complete Rights of Way Appraisals complete. Offers have been made to all 22 parcels. Closed on 8 parcels; 4 pending contract execution or final closing preparation. Total Parcels: 22 Appraised: 22 Offers: 22 Acquired: 8 Closing pending: 4 Condemnation: 0 Utility Relocations TBD Construction Tentatively scheduled to begin mid‐FY 2018. Other Issues TBD Page 163 of 177 Austin Avenue Bridges Project (North and South San Gabriel Bridges) Project No. TBD TIP Project No. N/A September 2016 Project Description Develop 30% plans for improvements along Austin Ave. between 3rd Street and Morrow Street. The project involves several phases and requires participation and support from various stakeholders and interested citizens, community businesses, professional consultants, State and regional transportation partners City Staff and Council. Schedule Phase Activity Completion 1 Public involvement and alternative analyses, evaluating alternatives for feasibility and costs, etc.End 2016 2 Develop geometric layouts and preliminary construction estimates for two alternatives End 2016 3 Selection of alternative by Council Begin 2017 4 Develop schematic and 30% plans.Mid 2017 Proj. Mgrs Nat Waggoner, AICP, PMP®, Ed Polasek, AICP; Bill Dryden, P.E. Engineer Aguirre & Fields, LP Element Status/Issues Public Involvement 3rd Public Meeting will be held after TxDOT review of Alternatives Analysis Design Steel coupon testing 6/30. Results expected by 8/31/16. Meeting with TxDOT 9/1 to review results. Surveying Complete Environmental Informal Meeting with Consulting Parties (Section 106) and TxDOT Environmental Review held 8/23 and included a walking tour of the bridges. Project team will provide Council an overview of environmental process during a workshop on 9/27. Rights of Way TBD Utility Relocations TBD Construction TBD Other Issues Page 164 of 177 CDBG Sidewalk Improvements Project MLK/3rd Street (Scenic Dr. to Austin Ave.) Project No. None TIP No. None September 2016 Unchanged Project Description Design and preparation of final plans, specifications and estimates (PS&E) for sidewalk improvements along MLK/ and 3rd streets from Scenic Drive to Austin Avenue. Purpose To provide ADA/TDLR compliant sidewalks and ramps along the route. Project Managers Joel Weaver; Bill Dryden, P.E. Engineer Steger Bizzell Element Status / Issues Design Complete Environmental/ Archeological Complete Rights of Way N/A Utility Relocations N/A Construction Under Construction; approximately 85% complete. Other Issues None Page 165 of 177 CDBG Sidewalk Improvements Project University Avenue (SH 29) (I 35 to Hart St.) Project No. None TIP No. None September 2016 Project Description Design and preparation of final plans, specifications and estimates (PS&E) for sidewalk improvements along University Avenue (SH 29) from I 35 to Hart Street. Purpose To provide ADA/TDLR compliant sidewalks in the area. Project Managers Joel Weaver; Bill Dryden, P.E. Engineer Steger Bizzell Element Status / Issues Design Complete Environmental/ Archeological N/A Rights of Way Existing Utility Relocations None identified Construction NTP has been issued effective September 12th. Other Issues Multiple Use Agreement has been executed by TxDOT. Page 166 of 177 FM 971 at Austin Avenue Realignment Intersection Improvements Project No. 1BZ TIP No. AG September 2016 Unchanged Project Description Design and preparation of final plans, specifications and estimates (PS&E) for the widening and realignment of FM 971 at Austin Avenue, eastward to Gann Street. Purpose To provide a new alignment consistent with the alignment of the proposed Northwest Boulevard Bridge over IH 35; to allow a feasible, alternate route from the west side of I 35 to Austin Avenue, to Georgetown High School, to San Gabriel Park and a more direct route to SH 130. Project Managers Bill Dryden, P.E. Engineer Klotz Associates, Inc. Element Status / Issues Design Preliminary Engineering complete; Engineer’s work for the 60% design submittal is on hold pending AFA with TxDOT. Environmental/ Archeological TBD Rights of Way Complete Utility Relocations TBD Construction TBD Other Issues Awaiting AFA with TxDOT Page 167 of 177 FM 1460 Quail Valley Drive to University Drive Project No. 5RB TIP No. BO & CD September 2016 Unchanged Project Description Design and preparation of plans, specifications and estimates (PS&E) for the widening and reconstruction of FM 1460. Project will include review and update to existing Schematic, Right‐of‐Way Map and Environmental Document and completion of the PS&E for the remaining existing roadway. Purpose To keep the currently approved environmental documents active; purchase ROW, effect utility relocations/clearance and to provide on‐the‐shelf PS&E for TxDOT letting not later than August 2013, pending available construction funding. Project Managers Ed Polasek, AICP and Bill Dryden, P.E. Engineer Brown and Gay Engineers, Inc. Element Status / Issues Design Complete Environmental/ Archeological Complete Rights of Way 1 remaining parcel of original 36 – pending closing documents. Utility Relocations Ongoing Construction Construction is on‐going; administered by TxDOT. Other Issues Engineer preparing Change Orders for construction contract. Page 168 of 177 I 35 SB FR Sidewalk Improvements Project (University Avenue to Leander Rd) Project No. None TIP No. None September 2016 Project Description Design and preparation of final plans, specifications and estimates (PS&E) for sidewalk improvements along I 35 from University to Leander Rd. Purpose To provide ADA/TDLR compliant sidewalks along the I 35 SB FR. Project Managers Nat Waggoner, AICP, PMP®; Bill Dryden, P.E. Engineer KCI Element Status / Issues Design Engineer has submitted 60% design; project team reviewed and returned comments to Engineer 8/31. Environmental/ Archeological Initial Survey Complete, 95% expected in Sept. Rights of Way Complete Utility Relocations TBD Construction Tentatively planned for substantial completion in April 2017 Other Issues 60% design construction estimate is $551K, $150K over initial budget. Page 169 of 177 Southwest Bypass Project (RM 2243 to IH 35) Project No. 1CA Project No. BK September 2016 Project Description Develop PS&E for Southwest Bypass from Leander Road (RM 2243) to IH 35 in the ultimate configuration for construction of approximately 1.5 miles of interim 2‐lane roadway from Leander Road (RM 2243) to its intersection with the existing Inner Loop underpass at IH 35. Purpose To extend an interim portion of the SH 29 Bypass, filling in between Leander Road (RM 2243) to IH 35 Southbound Frontage Road. Project Manager Williamson County City Contact: Ed Polasek, AICP and Bill Dryden, P.E. Engineer HDR, Inc. Element Status / Issues Williamson County Project Status (from WilCo’s status report) Southwest Bypass Driveways – Subcontractor Wheeler (APAC/Old Castle) completed placing the one course surface treatment on the IH 35 portion of the project. Permanent signs have been placed. Southwest Bypass (RM 2243 to IH 35) – A meeting with TxDOT Georgetown Area Office is anticipated to be held on 8/18/16 to discuss RM 2243 Improvements. A meeting with Georgetown Railroad to discuss the Safety Plan is anticipated to be held on 8/16/16. A meeting to discuss survey for Phase 1 project is anticipated to be held on 8/15/16. Right of Entry for Phase 1 project was received 8/11/16. A 100% PS&E submittal for the turn lanes on RM 2243 at Southwest Bypass was received 7/6/16. Comments were issued 3/11/16 on a 30% PS&E Submittal for the Southwest Bypass Phase 1. An updated cost estimate alternatives for Phase 2 improvements was received 7/19/16. Rights of Way Complete for the parcels east of the Texas Crushed Stone properties. Other Issues City and WilCo coordinating the design and funding details of the Project. Page 170 of 177 Transit Development Plan (Fixed Route Bus) September 2016 Project Description The purpose of this study is to develop a local transit plan for the City of Georgetown that serves transit needs of the citizens within the city limits and connect to existing and future regional transit options to form a regional transit network that would improve mobility, improve the region’s environmental and economic sustainability and slow the increase of congestion on roadways. Schedule Phase Activity Completion 1 Initiation Fall 2014 2 Public Involvement, Existing Conditions, Recommendations Spring 2015 3 Initial Report Completed Summer 2015 4 Boards and Commissions Review, Council May 2016 5 Consideration by Council September 13, 2016 Proj. Mgrs Ed Polasek, AICP; Nat Waggoner, AICP, PMP® Engineer AECOM, Capital Metro Element Status/Issues Public Involvement 2 Public Meetings Public Intercept Survey, Online Survey, GYAB Survey, Multiple Stakeholder Interviews More than 20 presentations to the general public, boards and commissions Design Revisions underway based on changed conditions Next Step(s) Council consideration of TDP Adoption, Agreement with the Georgetown Health Foundation and begin Interlocal Agreement (ILA) with Capital Metro Other City in discussions with several Transportation Network Companies (TNCs) about the feasibility of developing a public voucher system for use in private, for hire transport model. Page 171 of 177 Transportation Services Operations CIP Maintenance September, 2016 Project Description 2016‐2017 CIP Maintenance of roadways including, Chip seal, Cutler Overlays, Fog seal applications, Curb and gutter and Engineering design of future rehabilitation projects. Purpose To provide protection and maintain an overall pavement condition index of 85%. Project Manager Mark Miller Engineer/Engineers KPA, LP Task Status / Issues Chip Seal Contractor: Completed all two course chip seal. PMM (polymer modified masterseal) in Sun City completed August 27th. In‐house: Scheduled Old Town Streets complete with exception of “fast set” application. Portions of Southwestern Boulevard outstanding as of August 30th. Rain causing considerable delays. Product application successful by both in‐house and contracted services. HIPR/Overlay Project going well. Sun City scheduled to be complete August 30th. Moving to Williams Drive on September 31st. Curb and Gutter Engineering 2016 Bids received August 30th. GTAB for recommendation today! Page 172 of 177 Williams Drive Study Project No. TBD TIP Project No. N/A September 2016 Project Description Enhance multimodal movement and transportation operations. Support corridor‐wide and regional sustainable growth and economic development. Promote safety and security. Protect and enhance the corridor’s quality of life. Schedule Phase Activity Completion 1 Public Involvement Throughout 2 Existing Conditions and Needs Assessment Sep 2016 3 Concept Plan Development Jan 2017 4 Recommendations, Implementation Strategies Feb 2017 5 Final Report with Recommendations Mar 2017 Proj. Mgrs Nat Waggoner, AICP, PMP®;Ed Polasek, AICP Engineer Nelson Nygaard Consulting Associates, Inc. Element Status/Issues Public Involvement There will be 4 public meetings including a week long charrette (10/16, 11/16, 1/17, 3/17). The project team will conduct a workshop with Council 9/27. Existing Conditions Review and evaluation of current local, state, and regional policies relevant to transportation and land use. Evaluation of the street network, land use and connectivity; access management, mode split, and any impediments to the use of alternative modes of transportation. Concept Plan Specific to both the corridor and centers components including projects and policies that improve the transportation network and land uses that will enhance mobility, connectivity, safety, and various multimodal travel options; support economic development in the area; provide for a housing mix and enhance a sense of place. Recommendations Near‐, short‐, medium and long‐term projects, and policy recommendations. Final Report Documentation of public and stakeholder input; explanation of methodology and evaluation criteria used; complete fiscal impact analysis; list of recommended projects prioritized; benefit cost analysis for each recommended project. Page 173 of 177 Over Name Description Start Date (Council Approved)End Date $ Encumbered $ Expended Citigroup Grant for wastewater infrastructure for construction of datacenter. 12/12/2006 12/31/2018 1,300,000 $ 1,300,000 DisperSol Grant for job creation related to expansion of manufacturing facilities.10/16/2014 2/15/2019 250,000 $ 70,000 Georgetown Indpendent School District Grant for the purchase of qualified expenditures related to the equipment for the Engineering Program and Laboratories at Georgetown and East View High Schools. 9/25/2012 12/31/2016 200,560 184,911$ Georgetown Winery Grant for Qualified Expenditures described as equipment for wine production and an agreement to maintain and operate the existing winery in Georgetown.8/23/2011 6/30/2016 70,000 70,000$ Grape Creek Grant for reimbursement of Qualified Expenditures for the lease/purchase and future site improvements at 101 E. 7th Street and 614 Main Street for the operation of a winery on the Downtown Square. (Note: Fourth Amended Performance Agreement, Lease Agreement, and Promissory Note was approved by GEDCO on August 20, 2012 and by the City Council on August 28, 2012. TIRZ Agreement for $60,000 approved by City Council on 9-11-12.) 8/23/2011 3/1/2018 280,000 280,000$ Grape Creek GEDCO purchase of building. GCV currently under lease/purchase agreement with right to exercise purchase at end of PA for $447K.8/23/2011 3/1/2018 447,000.00$ 447,000.00$ Lone Star Circle of Care Grant for Qualified Expenditures for future site improvements at 205 East University Avenue, Georgetown, Texas. Loan Agreement and Promissory Note have been executed. 6/28/2011 11/30/2017 387,000 $ 387,000 GEDCO - ACTIVE PERFORMANCE AGREEMENTS STATUS REPORT September 19, 2016 Page 174 of 177 Over Name Description Start Date (Council Approved)End Date $ Encumbered $ Expended GEDCO - ACTIVE PERFORMANCE AGREEMENTS STATUS REPORT September 19, 2016 Radiation Detection Corporation Grant for Qualified Expenditures and job creation related to the relocation of the corporate offices to Georgetown. 7/23/2013 12/31/2021 320,000 320,000$ Radix BioSolutions, Ltd. Provided grant to assist with the work and future plans of Radix BioSolutions at the TLCC. Radix paid back $47K on 3/15/15. Radix paid back $50K 3/10/16.3/9/2010 3/31/2018 250,000 $ 153,000 TASUS Texas Corporation Provide a grant of $67,500 for job creation related to expansion of manufacturing facilities. 2/25/2014 5/31/2017 67,500 -$ Texas Life Sciences Collaboration Center (4) Provide a grant of $100,000 for the maintenance of the TLCC. 1/12/2016 10/31/2016 100,000 $ 100,000 The Summit at Rivery Park Provide a grant not to exceed $4.5 Million for Public Infrastructure Improvements. 12/10/2013 6/30/2016 4,500,000 $ - Page 175 of 177 City of Georgetown, Texas City Council Regula r Meeting October 11, 2016 SUBJECT: - At the time of po sting, no persons had signed up to address the City Council ITEM SUMMARY: FINANCIAL IMPACT: NA SUBMITTED BY: Page 176 of 177 City of Georgetown, Texas City Council Regula r Meeting October 11, 2016 SUBJECT: Sec. 551.071: Consul tati on w i th Attorney - Advice from attorney about pending o r co ntemplated litigation and other matters o n which the attorney has a duty to advise the City Council, including agenda items - 3834 Partners, Ltd—Settlement Agreement in Lieu o f Co ndemnation Sec. 551.074: Personnel Matters - City Manager, City Attorney, City Sec re tary and Municipal Judge: Consideratio n of the appointment, employme nt, evaluation, reassignment, duties, discipline, or dismissal Sec. 551.086: Competi ti ve Matters - Buckthorn Update Sec. 551.087: De l i berati o n Regardi ng Economi c Devel opment - P roject Hop - P roject Cat ITEM SUMMARY: FINANCIAL IMPACT: NA SUBMITTED BY: Page 177 of 177