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HomeMy WebLinkAboutMIN 11.24.2015 CC-RNotice ol'Mintftes a Meethig of the Govemiin- Bodv of the City of Geol-getoAvil, 'rexils Tuesday, Novembet- 24, 201-5 The Georgetown City Council will meet on Tuesday, November 24, 2015 at 6:00 PM at the Council Chambers at 101 E. 7t' 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 8111 Street for additional information; TTY users route through Relay Texas at 711. Replai- Sessioii (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.) Mayor Ross called the meeting to order at 6:00 PK All Councilmembers were in attendance. A. Call to Order Invocation Pledge of Allegiance Comments from the Mayor - Welcome and Meeting Procedures City Council Regional Board Reports No regional board reports for this meeting. Announcements - Downtown Georgetown Holiday Hours - Shop Small Business Saturday - Boards & Commissions Application Process Action from Executive Session Motion by Brainard, second by Hesser to authorize staff to enter into a site lease agreement with ESS Rabbit Hill Project LLC on the terms discussed in Executive Session. Approved: 7-0 Motion by Brainard, second by Hesser to authorize staff to enter into an interconnect agreement with ESS Rabbit Hill Project LLC on the terms discussed in Executive Session. Approved: 7-0 Motion by Brainard, second by Hesser to approve acquisition of Parcel 202a, b and c from CL Thomas Holdings, LLC in the amount of $399,000 for construction of the FM 1460 Project. Approved: 7-0 Motion by Brainard, second by Hesser to approve acquisition of Parcel 221 from John Giddings and Anne Giddings in the amount of $115,000 for construction of the FM 1460 Project. Approved: 7-0 Statutoj-y 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, November 10, 2015, the minutes of the Special Meeting held Wednesday, November 4, 2015, the minutes of the Special Meeting held Monday, November 16, 2015 and the minutes of the Special Meeting held Tuesday, November 17, 2015 — Shelley Nowling, City Secretary C. Consideration and possible action to approve the appointment of Anna Eby, Keith Brainard, John Hesser, Steve Fought, Ty Gipson and Tommy Gonzalez to serves as alternate members of the Capital Area Council of Governments (CAPCOG) — Mayor Dale Ross D, Consideration and possible action to appoint Nikki Brennan to the Housing Advisory Board to fill a vacancy — Mayor Dale Ross F. Consideration and possible action to approve $250,000 for the purchase of emergency medical supplies from Life -Assist, Inc. through a purchasing cooperative inter -local agreement between the City of Georgetown and Williamson County for the fiscal year 2015-2016 — John Sullivan, Fire Chief Forwarded from General Government & Finance Advisory (GGAF),. Consideration and possible action to approve a Resolution authorizing staff to conduct business with Comerica Bank, N.A. and to appoint "Representatives of the Depositor" for Letters of Credit to secure power supply contracts-- Laurie Brewer, Assistant City Manager and Lisa Haines, Controller H. Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC)- Consideration and possible action to authorize a Possession and Use Agreement with A.C. Weir Properties, Ltd. in the amount of $1,747,000, in connection with the acquisition of real property for the Southwest Bypass Road Project — Edward G. Polasek, AICP, Transportation Services Director, and Terri Glasby Calhoun, Real Estate Services Coordinator 1. Forwarded from the Georgetown Utility Advisory Board (GUS): Consideration and possible action to approve Task Order CDM -16-001 with CDM Smith, Inc. of Austin, Texas, for professional services related to the Domel Pump Station Improvements in the amount of $322,814.00 — Wesley Wright, P.E., Systems Engineering Director/Michael Hallmark, CIP Manager. Motion by Hesser, second by Gonzalez to approve the Consent Agenda in its entirety. Approved 7-0 Legislative Regulat- Agenda J. Public Hearing and First Reading of an Ordinance of a request to Rezone 1.18 acres in the Dimmit Addition located at 605 East University Ave�, to be known as College View Apartments, from the Local Commercial (C- 1) District to 0. 1607 acre of the Residential Single-family (RS) District and 1.018 acres for a Planned Unit Development (PUD) District with a High Density Multifamily (MF -2) base zoning district -- Sofia Nelson, Planning Director and Mike Elabarger, Senior Planner (action required) Sofia Nelson spoke on the item. She described the item, explained the rezoning and explained the relationship of Item J to Item K, an appeal to the Historic and Architectural Review Commission's decision to deny the Certificate of Design Compliance for infill construction for the property located at 605 E. University, between College Street and Walnut Street. Nelson noted that the property is located in the Old Town Overlay District. Nelson provided a presentation which included an Overview of the project, some zoning information, site layout and elevations, the proposal and the timeline of events. Nelson went on to describe the major milestones in the development process. Nelson noted that the applicant has had numerous discussions with the surrounding property owners. Nelson explained that the applicant is requesting a development that the City does not have zoning standards for. She went on to say that multifamily zoning standards are typically standards that require green instead of urban development. Nelson then explained the PUD request. She spoke of the review and said that the site development phase still needed review. She said that the project was still in need of TCEQ approval. Nelson showed charts of the PUD request with PUD overlay base zoning impervious cover and density. Nelson then explained the evolvement of the request. She explained the setbacks deviation for the request. She went on0oexplain the landscaping and buffer yard. Building height deviations for the project were then presented. Nelson noted that evariance request iepermitted. PUD Commitments were shown by Nelson and the Analysis of the Request was the final phase of the presentation, which included future land use, density, transportation and goal and policy statements Nelson next described local commercial uses that would be permitted for this site and described special use permits for the area. Nelson said that consistency with Design Guidelines are examined during the neview. She said that this project ia consistent with the design guidelines and that the Planning and Zoning Commission had recommended approval with specific conditions. She displayed the conditions requested by the P & Z Commission for approval. Nelson went on to explain that with the 21.59% opposition of the buffer area, a super majority vote from Council would be required on this item. Lee McIntosh, the |i(spoke about1h nojct He saidthat hbhad lived across the street from the project property for 15 years. He explained the process that he has followed and how this project was the best use of the property. McIntosh went on to explain that revisions were made to accommodate the opposition to the project. He said that he has modified and reduced construction because of opposition and has made it a more palatable project. McIntosh said that he would like to offer an olive branch to the neighbors and wants to work something out that would present compromise and be better accepted by all. McIntosh then asked the Council for support with the new compromises. He said that he wants a quality project. McIntosh said that it is possible to turn lemon into lemonade with these older buildings. He said that everyone is making concessions to compromise, . Nelson read the caption. Mayor Ross opened the Public Hearing mt6:40 PM. Persons who had signed uptospeak on|hamJioduded:TomHmnerding.Me#hewDo{c.RmbertPhippaAnge|a Littenski.John Gordon, Andrew So||n,Vicki St bbin#ton,JimBVott,KoUy Garry, Ross Hunter, Gretchen Johnston, Lawrence Romero, David Roberts, Pam Mitchell, Linda Johnson, Susan Firth, Jeff Parker, Claire Easley,Peter Dana, Dottie Westerfield, Sherwin Kallun, Larry Olson, J.L. Johnson, Roy Huddleston and Caroline Knipper. Speakers voiced their regarding the project, which included the following: The old structure would not be used. Concerns with the PUD Parking concerns Two story compromise not a solution, because 3 stories might still be allowed with the PUD Project too massive Project incompatible with Old Town Property devaluation Quiet tree shaded neighborhood disappearing. Precedent 'set for other developments Must have responsible growth Not inalignment with the Unified Development Code PUD should only beutilized when aproject iaunique The impervious cover regulations are out ufline Salty clay property isnot conducive. Water would beaproblem TCEQunlikely tmapprove Vast majority ufcommunity iaopposed to'the project Project too tall Too high of density for theuveda nea Georgetown beauty would diminish Leaders follow rules and guidelines Should not bamore than moderate density lifestyleZoning creates Density way to high Variances disguised in the PUD Planning 8.Zoning Commission not accommodating tothe opposition Staff bias Proposed wall will beuproblem College kids partying onthe proposed property Too many variances being requested Too much traffic Supporters of the project and the developer noted the following: The property has been vacant for 10 years and underutilized for 35 years The design and architecture would be an improvement. Impervious cover and parking were supported. Building, is currently an eye sore Need for multifamily housing Hesser motioned to approve the PUD as recommended by staff with the current recommendations. Second by Fought. Brainard asked if a PUD was required. Nelson answered no. She said that multiple housing types are required. Nelson said they are encouraged but not required. Eby asked the number of variances that had been requested and if the project conforms without variances. Nelson said the parking and setback conform and that the masonry and design meet the UDC requirements, as well. Nelson explained that both the UDC standards and the design guidelines are utilized. Eby commented that she lives very close to the property discussed. She too views PUDS as needing the unique factor. She feels the PUD request is just to meet the UDC requirements. Eby agrees there is a need for housing of this type. She also agreed that the property is currently an eye sore. Eby said that she agrees with the speakers that the guidelines must be followed. Brainard asked how long the property had been vacant. Matt Synatschk answered that it had been vacant since 2010. Brainard asked how many requests to develop the property had been received. Nelson said this was the first request. Brainard asked about the next steps with the project and, if denied, how long the applicant would need to wait to submit another application. Nelson answered that the applicant would need to wait one year to reapply, unless the application was significantly different. Mayor Ross listed some of the other developments that would be allowed under the current standards and zoning. Fought said that he is disturbed by the process of 20% of owners within 200 feet. He explained that the vote is then controlled by 2 councilmembers, not 7. He said that a better outcome could have been reached if all councilmembers could have participated in the process. He said he is in favor of the project because he is concerned with what could go there instead. Discussion followed regarding a super majority vote. It was questioned if two different votes were needed: one for the change in zoning and one for the PUD approval. The City Attorney advised. The motion stated includes both concerns. Jonrowe said that she will not support the item. She thanked staff for the hard work. She explained that the scope of this project has been much larger than other similar projects. Jonrowe went on to say that she supports rental property and affordable housing. She complimented the Southwestern University students and said they will need housing options. She hopes that Georgetown would benefit from graduating students who choose to stay and live in Georgetown. Mayor Ross called fora vote on the item. SUPER MAJORITY VOTE FAILED: 4 -3 (Eby, Brainard and Jonrowe opposed) Mayor Ross call fora break at 8:00 PM. Meeting resumed at 8:10 PM. K. Public Hearing to consider the request for an Appeal of the Historic and Architectural Review Commission's decision to deny the Certificate of Design Compliance for infill construction for the property located at 605 East University Avenue, bearing the legal description of Dimmit Addition, Block 84-85 (PT), 0.631 acres, 'Dimmit Addition, Block 84-85 (PT), 0.3939 acres and Dimmit Addition, Block 84, SE Corner -- Matt Synatschk, Historic Planner Mayor Ross explained that since Item J did not pass, item K becomes mute. L .Public Hearing and First Reading of an Ordinance for the Rezoning of 25.034 acres in the Perry Survey from the Agriculture (AG) District to the Low Density Multifamily (MF-1) District, located at 650 FM 971 -- Carolyn Horner, AICD, Planner and Sofia Nelson, CNU-A, Director (action required) Nelson described the property and provided the future land use plan map. She provided a presentation which included a zoning map, development standards, the description of the application, the development property and the Planning & Zoning Commission approval. She went on to describe concerns that have been voiced to the Planning Department such as traffic, drainage and stringent water requirements. Nelson read the caption. Persons who signed up to speak on Item L included: Steve Cardinal, Therese Cooley, Charlotte Warren, Brian Shiozawa, Jonathan and Samantha Pirruccella, Roger Robinson, James Lewis, Rebecca Burgman, Jennifer Scott, Maribel Cascio, George Waddell, Chris Lem, Shiffon Overton, Stephen Paavola, Sonja Gagliano, Erlinda Gomez, David Gomez, Patty Walker, Robert Radmussen, Anna Aiken, Erich Prinz, Llorente Navarette, Aileen Thompson, Linda Graves, Pat Effrid, Angela Acosta, Joe Acosta, Christine Mikulencak, Rosa Iniguez, Neil Jordan, Jr., Judie Patterson, Mario Montoto, Jr., Mechelle Montoto, William Glass, Raymond Husser and Larry Olson Speakers voiced their concerns, regarding the project, which included the following: Not being notified of the zoning request as required Project would destroy the neighborhood Criminal activity would increase Live life in a fish bowl — no privacy Value of homes would drop Not compatible with the neighborhood Traffic Danger to Children Safety compromised Large amount of concerned citizens Manage responsible growth Flooding concerns Air quality Lack of pride of ownership in renters Project would be an eye sore Multifamily should not be next to single family Drop in quality of education Predators and child molesters Poor representation of Georgetown San Gabriel Trail disappearing or becoming inaccessible Overcrowding of schools Need more single family development on t e east s e Current charming views would be destroyed Randy Morrow's intention to purchase the property for parkland Multifamily should not be next to single family. Mayor Ross asked Nelson if notification is required. Nelson said residents within 200 feet must be notified. Mr. Navarette said that he had a petition with 300 signatures. Mayor Ross instructed him to give the petition to the City Secretary. A representative for the developer spoke. He explained the difficulty with the project because of issues with the flood plain and salamander restrictions. He said that there would be 27.5 feet of right of way on 971 donated. He explained that there is also a parkland dedication included in the project. There will also be the ability to extend the City's trail. He said that the water standards had been met. Gonzalez told the developer that he thinks it should be single family development. He is opposed to multifamily, but would approve single family. Gonzalez thanked the citizens. He noted the importance of listening to them. Gipson thanked everyone for coming. He questioned the lack of communication. He said this should have been spoken about months ago. Gipson said there have been too many surprises. He agreed that traffic is a concern. Gipson asked about what improvements have been planned. Morgan said that 971 is a TxDot road and there are plans for improvement. He said that the City does not have an updated timeline, but these projects will come. He agreed that there needs to be solutions for Georgetown. Gipson said the City is growing at 11 1/2 people per day. He said that the schools are addressing the growth and that the City needs to plan ahead. He would like to get everyone at the same table. Gonzalez motioned to deny the request for the rezoning to multifamily, second by Brainard. Brainard asked the developer Khecould accomplish what hewould like with single family housing. Brainard asked Nelson the difference with N1F1and single family zoning. Nelson answered that multifamily 1aall onone lot instead ofindividual lots. The representative for the developer said their application is similar to single family. Developable is15acres, 2/3 ofthe area, with 14units per acre. Hesaid that adifferent access road iupossible. Nelson said, if denied, the developer would have to wait one year to reapply or apply with a significant different application. Eby asked if it ispossible toapprove with conditions. Nelson said the project could beapproved with conditions through PUD. Jonroweasked ifweknow the timeline for Q71improvements. Morgan answered that TxDotdoes not have 'a specific plan adthis time. Jmnroweasked about the completion ofthe trail. Nelson said itwill bepart ofthe platting meeting. Jonrowesaid she would rather talk about aPUD than make itMF1. She said the 2QOfeet notification io ridiculous. She said there iaaneed to exploregoing above the minimum notification. She would hope the City could bemore responsible with notifications. Jonrowewants tocontinue the discussion. She will vote MF1 now and get alot 'ofinformation before the second reading. Brainard asked the developer to take time to meet with the neighborhood. Fought asked why this is different from item J. Hesaid they must beconsistent. Gonzalez said 'there are more options with this rezoning for development. Brainard asked Gonzalez to postpone his motion. Brainard moved topostpone this item, second byHesser. Eby asked |fthere was aneed bopostpone tospecific date. January 28.2015suggested Brainard. Brainard 'amended his motion topostpone for 60days, Second byHenaer Motion tupostpone was approved 5-2 (Gonzalez andJonrmwe opposed) Mayor announced a1Ominutes break mt8:3Upm. Meeting resumed ot9:40PKA Gonzalez absent. K0, Public Hearing and possible action ona Resolution approving aConsent 'Agreement, included a Strategic Partnership Agreement, and Wastewater Services Agreement for a Municipal Utility District (MUD) on approximately 454 acreaofland known ae.ParnerRanch, located adWilliams Drive and Ronald Regan Boulevard — Jordan J. Maddox, AICP, Principal Planner, Wesley Wright, PE, Systems Engineering Director and Bridget Chapman, City Attorney The item was explained byJordan Maddox. Henoted the location aathe Williams Drive and Ronald Reagan Bbd. Maddox read the caption. Mayor Ross opened the Public Hearing sd8:4OPM. Nospeakers were present. Mayor Ross closed the Public Hearing og8.41PM. Fought motion toapprove Item K8.second Gipson Approved 6-O(Gonzalez absent) N. Consideration and possible actiontoapprove the Operating Agreement between Georgetown Heritage Society and the City nfGeorgetown for the Grace Heritage Center, located atD11Main Street –Matt Synaiouhk,Historic Planner and Laurie Brewer, Assistant City Manager Jonrowe motioned approval of the operating agreement with the Georgetown Heritage Society. Second by Evy. RM Brewer explained the item and the structure of the reorganization request. She said that it would not increase the overall budget. Motion by Jonrowe to approve the item. Second by Fought Approved: 6-0 (Gonzalez absent) S. First Reading of an Ordinance amending the Code of Ordinances related to the membership and residency requirements for City Commissions, Committees and Boards, repealing conflicting ordinances and resolutions, providing a severability clause and setting an effective date — Mayor Dale Ross, Shelley Nowling, City Secretary and Bridget Chapman, City Attorney (action required) Mayor Ross read the caption. A chart on the summarization of the proposed changes was shown. Mayor Ross said that minimums and maximums would be set. Mayor Ross read through the changes. Motion to approve by Heyser. Second by Fought Approved: 6-0 (Gonzalez absent) Jonrowe said she would like to change the maximum to 2 councilmembers for GTAB, GTEC and GUS. Amended motion by Jonrowe to change the maximum to 2 for these boards. Second by Fought. Approved: 5-1 (Gonzalez absent, Brainard opposed) Project Updates 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 Ptiblic 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. - As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda Motion to adjourn by Fought. Second by Gipson. Meeting adjourned at 10:10 pm Exectitive 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. See, 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 - Fire Meet and Confer Sec. 551.072: Deliberation Regarding Real Property - Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): - Deliberation regarding the acquisition of real property from C.L. Thomas Holdings, LLC in connection with the FIVI 1460 Road Improvement Project Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): - Deliberation regarding the acquisition of real property from Anne Giddings and John Giddings in connection with the FIVI 1460 Road Improvement Project Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): - Deliberation regarding the acquisition of real property from A.C. Weir Properties, Ltd. in connection with the Southwest Bypass Project 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 Sec. 551.086 Competitive Matters and See. 551.071 Consultation with Aftorney Forwarded from the Georgetown Utility Advisory Board (GUS) - Discussion of Interconnection Agreement with ESS Rabbit Hill Project, LLC Forwarded from the Georgetown Utility Advisory Board (GUS) - Discussion of Site Lease Agreement with ESS Rabbit Hill Project, LLC Approved by the Georgetown City Council on — I &A S L-) O\ Dale Dale Ross, Mayor Attest: City(nary