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MIN 11.08.2016 CC-RMinutes of a Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, November 8, 2016. The Georgetown City Council will meet on Tuesday, November 8, 2016 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 81h Street for additional information; TTY users route through Relay Texas at 711. Mayor Ross called the meeting to order at 6:00 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 - Carol Light Proclamation City Council Regional Board Reports Announcements - Williams Drive Open House Action from Executive Session Motion by Fought, second by Hesser to authorize the General Manager to execute the 2° amendment to the Purchased Power Agreement with Buckthorn Westex, and all related agreements, to facilitate the sale of Buckthorn from SunEdison to NRG Energy, as discussed in executive session. Approved: 7-0 Motion by Fought second by Hesser to approve the purchase of real property from Todd Ln., LLC (Parcel 18), plus closing costs, in connection with the Rivery Blvd. Extension Project on the settlement terms discussed in executive session. Approved: 6-1 (Brainard opposed) Motion by Fought second by Hesser to approve the appraised value of real property to be acquired from the W.D. Kelley Foundation, Dale Illig, Custodian for Elizabeth Illig, Patricia A. Katt and CPI Investments, Ltd. (Parcel 14) in connection with the Rivery Blvd. Extension Project and the extension of a revised offer for the purchase of said property on the terms discussed in executive session. Approved: 6-1 (Brainard opposed) 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, October 11, 2016 -- Shelley Nowling, City Secretary C. Consideration and possible action to appoint Teresa Robinson to the Library Advisory Board to fill a vacancy - - Mayor Dale Ross D. Consideration and possible action to appoint Commissioner in Training Aaron Albright as a member of the Planning & Zoning Commission to fill a vacancy — Mayor Dale Ross E. Consideration and possible action to reject all bid responses for the construction of Garay Park -- Kimberly Garrett, Parks and Recreation Director F. Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to approve the purchase of vehicles and equipment in the amount of $1,348,523.36 -- Stan Hohman, Fleet Services Manager Motion by Jonrowe, second by Hesser to approve the Statutory Consent Agenda in its entirety. Approved: 7-0 Legislative Regular Agenda G. Public Hearing and First Reading of an Ordinance Rezoning approximately 83.5 acres of the W. Roberts Survey from the Agriculture (AG) District to the Residential Single -Family (RS) and Local Commercial (C-1) Districts, located at 200 Fairway Lane -- Sofia Nelson, CNU-A, Planning Director (action required) Sofia Nelson, Planning Director, explained the rezoning request. She described the property as the Hidden Oaks project and said that 80 acres were intended to be residential, while 3 acres have a commercial intent. Nelson provided the location map and the future land use map. She described a mixed use community and then provided the current zoning map and the proposed zoning map. Nelson spoke on the neighborhood retail uses. She showed the rezoning criteria chart. Nelson said that the Planning & Zoning Commission recommends approval of the rezoning and proposed project. She explained that there had been 4 persons who spoke at the Planning & Zoning Commission meeting, in support of the project, but who had cautioned about flooding and drainage in the area. Nelson said that there will be an appropriate time in the process of the project for addressing these concerns. Nelson read the caption Mayor Ross opened the Public Hearing at 6:15 PM. Persons signed up to speak on Item G included Ercel Brashear, Jay Warren and Gary Stewzynski. Brashear showed pictures and images of the area in question. He spoke in favor of the rezoning but wanted to voice concern about the existing storm water conditions. Brashear spoke on the channel that carries the stormwater and showed videos of moving water across Fairway Lane. He asked Council to approve the request but with express direction to staff on the importance of studying the stormwater issues. Jay Warren echoed Mr. Brashear's concerns. Warren said that the water issues for Berry Creek homeowners need to be addressed. He noted that ingress and egress also need to be considered. Gary Stewzynski said that his concerns are similar to those already raised. Stewznyski said he is In favor of the development but wants the water and drainage concerns addressed. Tim Moltz, the engineer for the project, spoke on the drainage issues and said they would be addressed. He mentioned the problem relating to TXDOT construction at Hwy 195 and Shell Rd. Moltz then addressed the concerns with access and said that access will be off of Shell Road in the first stage of development and when finished, the development will have 3 access points. Brainard asked Moltz about the running water. Moltz said they are working hard with city staff and TXDOT. He said a TXDOT chief hydrologist noticed concerns and TXDOT will be working with others on pipe installations for water control. Moltz said the developers are also working closely with David Munk, the engineer for the City. He explained that pipes installed for roads have caused some the issues. He assured the Council that the issues will continue to be studied and solutions would be identified. Gipson said he had looked at the property. He voiced concern on how this can be fixed and how staff will stay on this and not create other problems. City Manager, David Morgan, said all the right people and experts are in place and this is actually an opportunity to improve the water issues in the area. He explained that this is a dynamic situation but this development creates the opportunity for improvement. Mayor Ross closed the Public Hearing at 6.25 PM. Motion by Brainard, second by Gipson to approve Item G Approved: 7-0 H. Public Hearing and First Reading of an Ordinance Rezoning approximately 75.415 acres in the Nan W Evans Tract of the David Wright Survey, located at 2101 Airport Road, from the General Commercial (C3) District to the Industrial (IN) District -- Sofia Nelson, CNLI-A, Planning Director (action required) Sofia Nelson, Planning Director, spoke on the rezoning ordinance proposed at 2101 Airport Road. She provided the location map and current zoning map. Nelson explained that the Planning & Zoning Commission and staff recommend approval of the rezoning request. Nelson read the caption. Mayor Ross opened the Public Hearing at 6.27PM. No persons had signed up to speak. Mayor Ross closed the Public Hearing at 6.27 PM. Motion by Brainard, second by Eby, to approve Item H. Approved: 7-0 I. First Reading of an Ordinance establishing the classifications and number of positions (Strength of Force) for all the City of Georgetown Fire Fighters and Police Officers pursuant to Chapter 143 of the Texas Local Government Code pertaining to Civil Service -- Tadd Phillips, Human Resource Director (action required) Tadd Phillips, the Human Resource Director for the City, spoke on the ordinance establishing the classification and number of positions in the Fire Department. He explained that the proposed revision would reflect 3 new firefighter positions. Phillips noted that this had been previously presented at an earlier workshop meeting. Phillips read the caption. Motion by Brainard, second by Jonrowe to approve Item I. Approved: 7-0 J. Second Reading of an Ordinance amending the FY2016 Annual Budget due to conditions that resulted in a year-end budget deficit for the Fire Department and repealing all ordinances or parts of ordinances in conflict therewith -- Leigh Wallace, Finance Director (action required) Leigh Wallace, the City's Finance Director, spoke on the ordinance to amend the annual budget due to conditions that resulted in a year end budget deficit for the Fire Department. She explained that an earlier discussion had been presented at an October 25, 2016 City Council workshop meeting. Wallace explained that the amendment was necessary and resulted from overtime in the Fire Department. Motion by Brainard, second by Eby to approve Item J. Approved: 7-0 Project Updates K. 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 Mayor Ross asked City Manager, David Morgan, if he had any project updates to share. Morgan answered that he did not at this time. 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. L. - At the time of posting, no persons had signed up to address the City Council 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. M. 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 - PEC Settlement Sec. 551.072: Deliberation Regarding Real Property Forwarded from Georgetown Transportation Enhancement Corporation (GTEC) - Parcel 14, Northwest Blvd. - Parcel 18, 1521 Northwest Blvd. 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 See. 551.086: Competitive Matters - Buckthorn Update Section 551.087: Deliberation Regarding Economic Development Negotiations - Project CAT Adjournment Motion by Fought, second by Eby to adjourn the meeting. Mayor Ross adjourned the meeting at 6:31 PM. Approved by the Georgetown City Council on it 12a I a01 Date -6.J, C Dale Ross, Mayor uJ Attest: Cit ecretary