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HomeMy WebLinkAboutMIN 05.13.2014 CC-RNotice of Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, May 13, 2014 The Georgetown City Council will meet on Tuesday, May 13, 2014 at 6:00 PM at the Council Chambers at 101 E. 7`h 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 8 1 Street for additional information; TTY users route through Relay Texas at 711. Regular Session (This Regular session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) A Call to Order— Mayor called the meeting to order at 6:40PM Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures - Proclamation for Historic Preservation Month 2014 City Council Regional Board Reports Eason provided a report to the City Council, which is attached to the final minutes of this meeting. City Manager Comments - Applications for the Strategic Partnerships for Community Services Grant Funding - Memorial Day Ceremony May 26, 2014 - City Pools open Memorial Day Weekend - City Offices closed in observance of Memorial Day, Monday, May 26, 2014 - Normal Trash Collection - 2014 Festival of the Arts - GPD and GFD Recognition Ceremony - Presentation and Resolution from State Representative Marsha Farney Action from Executive Session Motion by Gonzalez, second by Jonrowe to approve employment agreement with Bridget Chapman, City Attorney, and to approve a 3% increase in compensation effective October 1, 2014. Approved 7-0 Motion by Gonzalez, second by Eason to authorize the creation of an Assistant City Attorney position and to authorize the City Attorney to fill the position with a qualified candidate as soon as possible in accordance with city policy and procedures. Approved 7-0 Public Wishing to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, preferably prior to the start of the meeting. You will be called forward to speak when the Council considers that item. On a subject not posted on the agenda: Persons may add an item to a future City Council agenda by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the subject matter of the topic they would like to address and their name. The City Secretary can be reached at 512/930-3651. B - John Gordan, Chairman of the Board for the Williamson County Symphony Orchestra, would like to thank the Arts and Culture Board for funding Gordon said he is here to thank Council for the funding that assists them in putting on their free concert on March 8 at the Georgetown PAC. He played a short clip of the most recent symphony performance and spoke about the Williamson County Symphony Orchestra. Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine that may be acted upon with one single vote. An item may be pulled from the Consent Agenda in order that it be discussed and acted upon individually as part of the Regular Agenda. C Consideration and possible action to approve the minutes of the Workshop and Regular Meeting held on Tuesday, April 22, 2014 — Jessica Brettle, City Secretary D Consideration and possible action to accept a FY2014 Certified Local Government Program grant in the amount of $12,000.00 from the Texas Historical Commission -- Matt Synatschk, Historic Planner and Laurie Brewer, Assistant City Manager E Consideration and possible action to approve a Resolution appointing Hank Michel to the Civil Service Commission -- Paul E. Brandenburg, City Manager F Consideration and possible action to accept the City's Quarterly Financial Report, which includes the Investment Reports for the City of Georgetown, Georgetown Transportation Enhancement Corporation (GTEC), and the Georgetown Economic Development Corporation (GEDCO) for the quarter ended March 31, 2014 -- Micki Rundell, Chief Financial Officer, Susan Morgan, Finance Director and Lisa Haines, Controller G Consideration and possible action to approve an amendment of the Bylaws of the Building Standards Commission -- Bridget Chapman, City Attorney H Consideration and possible action to approve the appointment of Kaylah McCord, currently a Commissioner in Training on the Planning & Zoning Commission, to a voting Commissioner to fill a vacancy — Mayor George Garver I Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to approve the heating, ventilation and air conditioning (HVAC) annual maintenance contract with HVAC Masters in the estimated annual amount of $200,000.00 -- Paul Pausewang, Support Services Manager and Micki Rundell, Chief Financial Officer Motion by Fought, second by Jonrowe to approve the consent agenda in its entirety. Approved 7-0 Legislative Regular Agenda J Consideration and possible action to approve an Ordinance authorizing the issuance of City of Georgetown, Texas General Obligation Refunding Bonds, Series 2014, authorizing the levy of an Ad Valorem Tax in support of the bonds, approving an Official Statement, a Paying Agent/Registrar Agreement, a Purchase Agreement and an Escrow Agreement, establishing procedures for selling and delivery of the bonds and authorizing other matters relating to the bonds -- Micki Rundell, Chief Financial Officer Morgan described the item and introduced Gary Kimball, the city's financial advisor, as well as representatives from the city's bond counsel. She read the caption of the ordinance on first and only reading after having satisfied the requirements of the City Charter. Kimball spoke about the opportunity they had to refinance some bonds which would reduce debt service by $428,000 over a period from 2015-2027. He continued to describe the refinancing of these bonds and the rates the city received. Motion by Gonzalez, second by Eason to approve the Ordinance. Approved 7-0 K Consideration and possible action to approve an Ordinance authorizing the issuance of City of Georgetown, Texas Utility System Revenue Refunding Bonds, Series 2014, authorizing the pledge of certain revenues in support of the bonds, approving a Paying Agent/Registrar Agreement, an Official Statement, an Escrow Agreement and a Purchase Agreement, establishing procedures for selling and delivery of the bonds and authorizing other matters related to the issuance of the bonds -- Micki Rundell, Chief Financial Officer Morgan introduced the item and read the caption of the Ordinance on first and only reading after having satisfied the requirements of the City Charter. Kimball spoke about the opportunity to refinance the utility system revenue refunding bonds and the savings the city will be receiving by refinancing. Motion by Gonzalez, second by Jonrowe to approve the Ordinance. Approved 7-0 L Discussion and possible direction to staff regarding amending the City of Georgetown Code of Ordinances relating to Electronic Cigarettes and/or Electronic Vaping Devices to allow for an exemption of Stand -Alone Vaping Stores, Vape Shops, and/or Vapor Shops -- Paul E. Brandenburg, City Manager Brandenburg described the item and said it is in reaction to a stand-alone vaping business that would like to allow adult customers to use vaping devices within their store. He said this item is amending the Ordinance to allow language that would exempt vaping stores whose primary use is the sale of electronic vaping devices and other products associated with vaping whose gross revenue is 80% from the sale of vaping devices and products associated with vaping. Motion by Gonzalez, second by Jonrowe to approve. Approved 7-0 Jonrowe said she met with the owners of Peace Pipe and said it was a joy working with them. She said she hopes the owners did not have any anxiety and she hopes this fixes any issues they may have. M Public Hearing and First Reading of an Ordinance for the Rezoning of 24.076 acres in the Joseph Fish and William Roberts Surveys, from Agriculture (AG) District to Planned Unit Development (PUD) with a base Local Commercial (C-1) District, to be known as Georgetown Village Center, located on 1121 Shell Road, southwest of Sycamore Street -- Carla Benton, Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and said this would be a rezoning to PUD from AG. He said the primary use proposed by the applicant is a mixed senior living residential as well as 5 acres of retail/commercial along the Shell Road frontage. He said the Planning and Zoning Commission ended with a tie vote on this issue. He said staff recommends approval of this item as it is in line with the comprehensive plan. He read only the caption of the ordinance on first reading after having satisfied the requirements of the City Charter. Public Hearing was opened at 7:30PM Speaker, Rebecca Thompson, spoke in support of the rezoning along with a few concerns about traffic, tree preservation and some proposed uses for the commercial/retail development. Speaker, Archie Barrett, spoke against the rezoning request. He summarized his concerns about increased traffic by medical vehicles and employees. He said it seems like a hospital is being placed in the middle of their community. He noted he does not think this is the right place for this facility. Speaker, Brian Ortego, spoke in support of the rezoning. He said there are other facilities in the neighborhood and other senior facilities in the community that do not cause issues. He noted it would be less traffic than if it was full of homes. Speaker, Lawrence Novick, spoke against the rezoning and said he does not want this facility in his backyard. He said this type of development should not exist in the middle of a residential community. Speaker, Ercel Brashear, spoke in favor of this rezoning and project. He listed the reasons why this development will be beneficial to the community. He spoke about how the development would create less than 50% of the traffic of a single family residential development. The applicant, Steve Drenner, spoke to Council in detail about the proposed project. He said they are working with staff to make this the best project possible in that area. Public Hearing was closed at 7:57PM Motion by Hammerlun, second by Fought to approve. Jonrowe asked about the Planning and Zoning vote. Chapman said she has determined that a tie vote in that situation is not a denial. She noted it moves on as action by the committee and requires only a majority vote by the Council. Jonrowe asked about signage, whether or not it will be 24 hour care, commercial traffic and lighting issues. She said her overall feelings of the development are good and she sees the value of having a multi- generational community. Hammerlun said he will vote in favor of this and complimented the applicant on working with staff on this development. He complimented the applicant with respect to buffering and open space and will be positive from a traffic impact standpoint. He said they have done a phenomenal job with respect to heritage trees. Gonzalez asked and the applicant confirmed that fuel sales will not be happening at that location. There was much discussion. Vote on the motion: Approved 7-0 N Consideration and possible action to approve an interlocal lease agreement with Williamson County for property at Martin Luther King and 8t Streets for the purposes of public parking -- Bridget Chapman, City Attorney and Laurie Brewer, Assistant City Manager Brewer described the item and said this would include property located at MLK and 8th Street. She said the lease contemplates taking down the two brown buildings on the area and the city will make improvements for parking. She said the City has a budget of $350,000 for engineering and improvements. Motion by Eason, second by Jonrowe to approve. Gonzalez asked and Brewer and Brandenburg spoke about some ideas for long term plans for parking downtown. Vote on the motion: Approved 7-0 O Consideration and possible action to approve a First Amended Interlocal Cooperation Agreement with Williamson County for County Facility Fee Waivers -- Bridget Chapman, City Attorney and Paul E. Brandenburg, City Manager Chapman said this is an amendment to an existing agreement with the county. She said this allows the County $200,000 in fee waivers for the development of the CitiCorp property. She noted the City and County both do not want to develop that property so these waivers will be extended to another property to be developed in the future. Motion by Gonzalez, second by Hesser to approve. Brandenburg asked and Chapman confirmed this waiver does not include impact fees. Approved 7-0 P Consideration and possible action to approve a Resolution regarding City Council policy governing hiring and evaluation of City Council Appointees -- Tadd Philips, Human Resources Director Masson described the Resolution and said it contains general guidelines that capture what the City Council already does for their appointees. She said an amendment has been made to include that any pay increases going into effect at the beginning of the next fiscal year. Motion by Gonzalez, second by Fought to approve the Resolution. Approved 7-0 Q Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a Construction Contract to G Carter Construction Co. of Cedar Park, Texas, for the construction of the Shell Road at Bellaire Drive/Westbury Lane Signal Improvements in the amount of $ 207,110.00 -- Edward G. Polasek, AICP, Transportation Services Director, and Bill Dryden, P.E., Transportation Engineer Dryden reviewed the item and said the deadline for this project will be prior to when school starts. Motion by Hammerlun, second by Hesser to approve. Brainard asked and Dryden said the cameras that are on the lights are for traffic detection. Brandenburg said the lights are also for the queuing. Brainard asked and Dryden said the signal will slow down the traffic as they will be lowering the speed limit in construction zones. Vote on the motion: Approved 7-0 R Forwarded from the Georgetown Transportation Advisory Board (GTAB): Consideration and possible action by City Council concerning the creation of a Bond Committee to finalize a potential Road Bond Package -- Edward G. Polasek, AICP, Transportation Services Director and Micki Rundell, Chief Financial Officer Briggs described the item and said this item is to establish the parameters around a bond committee. He said the committee will make a recommendation for a road bond package that will go forward to the voters. He said this committee will be formed and will be the catalyst for vetting the projects coming up and will bring a final recommendation to the Council. He said the committee would be made of 7 non city council members of the GTAB board and a Council selection member for each district and Mayor which would mean a 15 member committee. He said the chairman would be appointed by the Mayor. He said the board will function just like our other boards. He noted their bylaws will be consistent with the Georgetown Transportation Advisory Board and will exist specifically for the purpose of this bond package. He noted it will cease to exist as of June 2015. Motion by Fought, second by Jonrowe to approve. There were some questions about the committee processes as well as the Council appointed members. Vote on the motion: Approved 7-0 S Consideration and possible action to approve a Memorandum of Understanding between the City of Georgetown and Mr. Jack Garey related to the development of Garey Park -- Kimberly Garrett, Parks and Recreation Director, Laurie Brewer, Assistant City Manager and Bridget Chapman, City Attorney Garret introduced the item and described the memorandum of understanding in full. Jonrowe asked about the three year completion timetable. Garrett said the design will get the City ahead of the game. She said the clock does not start until after Mr. Garey's passes away and the gift is provided to the City. Motion by Fought, second by Jonrowe to approve. Approved 7-0 T Forwarded from the Parks and Recreation Advisory Board: Consideration and possible action to approve the selection of Baker-Aicklen & Associates, Inc. as the landscape architect for the design of Garey Park -- Kimberly Garrett, Parks and Recreation Director and Laurie Brewer, Assistant City Manager Garrett said, in anticipation of the design of the project, there was money set aside in the 2008 parks bond for funding of this portion of the project. She described the members of the selection committee at the time and how they ended up selected Baker-Aicklen for the design. Motion by Hammerlun, second by Fought to approve the item. Approved 7-0 U Forwarded from the Parks and Recreation Advisory Board: Consideration and possible action to approve Task Order BAA -14 -001 -LA with Baker-Aicklen & Associates, Inc. of Round Rock, Texas for landscape architect design services related to Garey Park in the amount of $1,123,305 -- Kimberly Garrett, Parks and Recreation Director and Laurie Brewer, Assistant City Manager Garrett said the city already has a Master Services Agreement with Baker-Aicklen and noted this would be a task order under that agreement. She described the services that will be included under this agreement. She noted the estimated construction costs are $15 million, including the costs for design. She noted this was unanimously approved by Parks and Recreation Advisory Board. Motion by Hammerlun, second by Gonzalez to approve the item with an amendment that the operation and maintenance plan be moved up earlier on the project calendar and before the design development documents start. He asked that it be brought back to Council so they can see how the plan will work before the construction documents are done so everyone is on the same page. Approved 7-0 V Public Hearing and First Reading of an Ordinance amending portions of the Unified Development Code (UDC) relative to permitted zoning districts, development standards and definitions for multifamily land uses -- Valerie Kreger, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item as well as the portions of the UDC to be amended by this Ordinance including multiple MF zoning districts, updating definitions, amenity area requirements and accommodating new development types. He showed Council a graph of the current standards versus the new standards being approved by this Ordinance. Public Hearing was opened at 8:36PM No persons were present to speak. Public Hearing was closed at 8:36PM Spurgin read only the caption of the Ordinance on first reading after having satisfied the requirements of the city charter. Motion by Hesser, second by Hammerlun to approve. Brainard asked and Spurgin said the city has not received any applications that would precede this new zoning. Vote on the motion: Approved 7-0 W First Reading of an Ordinance for the Voluntary Annexation of 3.40 acres in the Thompson Survey, located near the intersection of Leander Road and the proposed Southwest Bypass roadway for land to be added to the future Bluffview Subdivision -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Brainard, second by Hesser to approve the Ordinance on first reading. Approved 7-0 X Public Hearing and First Reading of an Ordinance for the Rezoning of 3.40 acres in the Thompson Survey from the Agriculture (AG) District to the Residential Single -Family (RS) District for land to be added to the future Bluffview Subdivision -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and said this is the same property that was considered for annexation in the previous item. He said there have been no public comments made to staff and staff recommends approval. Public Hearing was opened at 8:40PM No person was present to speak. Public Hearing was closed at 8:40PM Motion by Eason, second by Hesser to approve. Spurgin read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Vote on motion: Approved 7-0 Y First Reading of an Ordinance for the Voluntary Annexation of 45.79 acres in the Fish Survey located near Williams Drive and Woodlake Drive -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Eason, second by Hesser to approve. Approved 7-0 Z First Reading of an Ordinance for the Voluntary Annexation of 98.22 acres in the Hudson Survey located at Rabbit Hill Road and Westinghouse Road -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Hesser, second by Fought to approve. Approved 7-0 AA First Reading of an Ordinance for the Voluntary Annexation of 4.92 acres in the Wright Survey, located at Williams Drive and Serenada Drive -- Jordan J. Maddox, AICP, Principal Planner and Andrew Spurgin, AICP, Planning Director (action required) Spurgin described the item and read only the caption of the Ordinance on first reading after having satisfied the requirements of the City Charter. Motion by Jonrowe, second by Eason to approve. Approved 7-0 BB Second Reading of an Ordinance amending the Code of Ordinances Chapter 2.64 Building Standards Commission -- Bridget Chapman, City Attorney (action required) Chapman described the item and read only the caption of the Ordinance on second reading. Motion by Jonrowe, second by Eason to approve. Approved 7-0 Meeting recessed to Executive Session under Sections 551.071 and 551.074 of the Local Government Code — 8:47PM MOTION OUT OF EXECUTIVE SESSION: Motion by Gonzalez, second by Fought to enter plea contract funds in the amount of $335,592.50 into the registry of the court in Cause No. 13-0553-C277 styled Smith Pump Company Inc vs. Cunningham Constructors and Associates, Inc. and the Hanover Insurance Company in the 2771 Judicial District Court of Williamson County, Texas and to disperse the final payment of the remaining contract balance in the amount of $178,988.48 to Cunningham Constructors and Associates, Inc. on receipt of release of all claims against the City of Georgetown arising out of the contract and/or the project acceptable to the City Attorney and to confirm the City of Georgetown does not waive its right to mediation under Section 16.03 of standard general conditions of the contract. Approved 7-0 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. CC 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 - Lakewater Treatment Plant Contract - Eric Dunlap Claim -Wolf Ranch/Hillwood Sec. 551.074: Personnel Matters - City Manager Annual Performance Evaluation - City Attorney Annual Performance Evaluation - Municipal Court Judge Performance Evaluation Adjournment — Meeting returned to Open Session and adjourned — 9:07PM Certificate of Posting I, Jessica Brettle, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8"' Street, a place readily accessible to the general public at all times, on the day of , 2014, at , and remained so posted for at least 72 hours preceding the scheduled time of said meeting. Jessica Brettle, City Secretary Dass, Mayor Attest: Ci ecretary