HomeMy WebLinkAboutMIN 04.24.2018 CC-RMinutes of a Meeting of the
Governing Body of the
City of Georgetown, Texas
Tuesday, April 24, 2018
The Georgetown City Council will meet on Tuesday, April 24, 2018 at 6:00 PM at the Council Chambers at 101
East Th 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 three (3) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8t'
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. Mayor Ross, Anna
Eby, Councilmember District 1, Valerie Nicholson, Councilmember District 2, John Hesser, Councilmember
District 3, Steve Fought, Councilmember District 4, Ty Gipson, Councilmember District 5, Rachael Jonrowe,
Councilmember District 6, and Tommy Gonzalez, Councilmember District 7 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
- Faith in Action Proclamation
- Health District Proclamation
- John Teal - Georgetown
- Rotary Presentations
City Council Regional Board Reports
Announcements
Action from Executive Session
No action was taken out of Executive Session
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.
B. Consideration and possible action to approve the minutes of the Workshop and Regular Meeting held on
Tuesday, April 10, 2018 -- Shelley Nowling, City Secretary
C. Consideration and possible action to appoint Arthur Bartleson to the Animal Shelter Advisory Board
to fill a vacancy -- Mayor Dale Ross
D. Consideration and possible action to accept the Bloomberg Philanthropies Mayor's Challenge Grant in
the amount of $100,000.00 -- Jack Daly, Assistant to the City Manager, Chris Foster, Resource
Management and Integration Manger, and Mike Babin, Deputy General Manager of Utilities
E. Consideration and possible action to approve the annual Stop Loss Rate Insurance renewal with
United HealthCare for the 2018 employee health plan year -- Niki Ross, Benefits and Wellness
Administrator
F. Consideration and possible action to grant a license to allow the encroachment of benches into the
right of way of 8th Street to 600 Degrees, LLC. located at 122 E. 8th St.; and to authorize the Planning
Director to execute the license to encroach -- Travis Baird, Real Estate Services Coordinator
Councilmember Hesser asked that Item F be pulled to the Legislative Regular Agenda for discussion.
G. Consideration and possible action to grant a license to allow the encroachment of benches into the
right of way of 8th Street to 600 Degrees, LLC. located at 124 E. 8th St.; and to authorize the Planning
Director to execute the license to encroach -- Travis Baird, Real Estate Services Coordinator
Councilmember Hesser asked that Item G be pulled to the Legislative Regular Agenda for discussion.
H. Consideration and possible action to approve granting a license to encroach to Vista Vera Master
Residential Community, Inc. for landscaping, irrigation and a masonry column into the right of way
of Vista View Drive and adjacent public utility easements; and to authorize the Planning Director to
execute the license to encroach -- Travis Baird, Real Estate Services Coordinator
I. Consideration and possible action to approve a Resolution approving a Rate Review Mechanism (RRM)
between ATMOS Energy Corp., Mid -Tex Division ("ATMOS MID-TEX" OR "COMPANY") and the Atmos
Cities Steering Committee (ACSC) -- Jim Briggs, General Manager of Utilities
J. Forwarded from Georgetown Transportation Advisory Board (GTAB):
Consideration and possible action to award a contract to Joe Bland Construction, LP out of Austin, TX
for the construction of the Shell Road at Verde Vista left turn lane improvement project in the
amount of $187,826.00 -- Wesley Wright, P.E., Systems Engineering Director
K. Forwarded from Georgetown Transportation Advisory Board (GTAB):
Consideration and possible action to approve an Assignment of an airport Land Lease from John D.
Sommerfeld to Hangar 201-C Partnership -- Russ Volk, C.M., Airport Manager
Item K was pulled from the agenda at the beginning of the meeting.
L. Forwarded from Georgetown Transportation Advisory Board (GTAB):
Consideration and possible action to approve an Assignment of an airport Land Lease from Marvin
Cressman to Wood Aviation, Inc. -- Russ Volk, C.M., Airport Manager
M. Forwarded from Georgetown Transportation Advisory Board (GTAB):
Consideration and possible action to approve an Assignment of an airport Land Lease from RA
General Services to Wood Aviation, Inc. -- Russ Volk, C.M., Airport Manager
N. Forwarded from Georgetown Utility Systems Advisory Board (GUS):
Consideration and possible action to approve Task Order KPA-18-008 with Kasberg, Patrick &
Associates, LP of Georgetown, Texas, for professional services related to the 2018 EARZ Wastewater
Rehabilitation Area 1 in the amount of $375,395.00 -- Wesley Wright, P.E., Systems Engineering
Director
O. Forwarded from Georgetown Utility Systems Advisory Board (GUS) (if passes 4/13/18 meeting):
Consideration and possible action to approve an Electric Service Agreement with Waypoint Austin
Georgetown Owner, LLC for the proposed Estraya Apartments -- Wesley Wright, P.E., Systems
Engineering Director
P. Forwarded from General Government and Finance Advisory Board (GGAF):
Consideration and possible action to approve the purchase of computer server replacements from the
EST Group for a total of $84,500.00 -- Chris Bryce, IT Director
Item K was been pulled from the agenda. Councilmember Hesser requested that Items F and G be moved
to the Legislative Regular Agenda for discussion.
Motion by Fought, second by Nicholson, to approve the Statutory Consent Agenda in its entirety, with the
exception of Item F, Item G and Item K.
Approved: 7-0
Legislative Regular Agenda
F Consideration and possible action to grant a license to allow the encroachment of benches into the right of
way of 8th Street to 600 Degrees, LLC, located at 122 E. 8th St.; and to authorize the Planning Director to
execute the license to encroach -- Travis Baird, Real Estate Services Coordinator
Councilmember Hesser requested that Item F be brought to the Legislative Regular Agenda for discussion.
The City's Real Estate Coordinator, Travis Baird, spoke on the item. He explained that this is for a request
from the owner of 600 Degrees, to be permitted to construct benches on the sidewalk at the two locations for
600 Degrees. He noted that Item F is the bench request for 122 E. 81h St. and Item G will be for the bench
request for 124 E. 8th St. Baird said the benches encroach 2'/ feet into the right of way and are 8 feet wide
and are fixed to the building, making it an encroachment consideration.
Baird read the caption.
Motion by Fought, second by Nicholson, to grant the license to encroach and approve Item F.
Councilmember Hesser asked for a UDC ruling or regulation, as it pertains to this. Baird said this would come
from both the UDC and the City's Code of Ordinances. He said any improvement or structure within a City
easement or right of way needs to be licensed by the City. Hesser asked if staff was recommending this.
Baird confirmed that they were. Hesser asked if the benches were already affixed to the building. Baird
confirmed that they were. Hesser said he thinks this is an encroachment on the sidewalk which should be
considered public space and he is concerned about the safety of this. He said he would not be voting in favor
of this.
Baird noted that the owner had hired a specialist to review the situation and the specialist reported that this did
not infringe on ADA Compliance.
Councilmember Gonzalez asked what would happen to mobility if all property owners wanted to construct
something on the sidewalk. Baird noted that there are a couple backstops to these types of requests. He
explained that the development engineer can reject an application based on an engineering principle and the
Council can reject the encroachment. Baird pointed out that these licenses are also revocable.
Nicholson asked what the situation would be if the benches were not affixed to the building. Baird said if the
benches were movable, they would not be considered an encroachment.
Hesser voiced concern and said he agrees with Councilmember Gonzalez that other merchants doing the
same thing could cause problems and he would want to be fair to all.
Approved: 5-2 (Hesser and Fought opposed)
Councilmember Jonrowe asked City Attorney, Charlie McNabb, to determine if Councilmember Fought is
permitted to oppose the motion, when it was he who made the motion. McNabb said that he would like time
for thorough research on the question before making a determination. He said he will provide this information
later during this meeting.
G. Consideration and possible action to grant a license to allow the encroachment of benches into the right of
way of 8th Street to 600 Degrees, LLC, located at 124 E. 8th St.; and to authorize the Planning Director to
execute the license to encroach -- Travis Baird, Real Estate Services Coordinator.
Motion by Nicholson, second Gipson, to approved Item G
Approved: 5-2 (Hesser, Fought opposed)
Q. Public Hearing and First Reading of an Ordinance rezoning 15.93 acres out of the BC Low Survey,
generally located in the 1300 block of Westinghouse Road, from Agriculture (AG) to Business Park
(BP) -- Sofia Nelson, CNU-A, Planning Director
Planning Director, Sofia Nelson, spoke on a rezoning request for property located in the 1300 block of
Westinghouse Rd. She explained that this was a rezoning request to rezone a 15.93 acre tract of land from
Agriculture to Business Park zoning. Nelson provided a location map, future land use map, and zoning map
and described the property and surrounding area.
Nelson described Business Park zoning.
Nelson provided criteria for rezoning according to the UDC and explained that the request complied in all
areas.
The appfitaaon is compli to and the informawn
contained wAhrn the appkabon is Sufficient and correct
enough to allow adequate review and final action;
The toning change is consistent with the Comprehensive
Plan;
The zoning change promotes the health, safety or general
welfare of the CAV and the safe orderly, and heafd►fd
development of the CAV;
The zonwgchange is compatiblevrith the present racing
and confor ming uses of nearby property and vnth the
character of the neighborhood; and
The property to be rezoned is suitable for uses permitted
by the 6strict that wood be appied by the proposed
arrNndmertt.
Nelson spoke on public notification that had been provided and noted that the Planning & Zoning
Commission had recommended approval.
Nelson read the caption
Mayor Ross opened the public hearing at 6.35 PM. No persons had signed up to speak on the item. Mayor
Ross closed the public hearing at 6.35 PM.
Motion by Nicholson, second by Fought, to approve Item Q.
Approved: 7-0
R. Public Hearing and First Reading of an Ordinance rezoning approximately 0.28 acre out of Block 0 of
the Morrow Addition, located at 1215 S. Austin Ave., from the Residential Single -Family (RS) district to
the Neighborhood Commercial (CN) district -- Sofia Nelson
Planning Director, Sofia Nelson, spoke on a rezoning request for property located in the 1215 S. Austin
Avenue. She provided a slide showing the Items under consideration.
Items under consideration
1. REZ-2018-003 —Rezoning Request
■ To rezone 1215 S. Austin Ave. from
Residential Single -Family (RS) to
Neighborhood Commercial (CN)
Applicant Proposal: To provide a bakery that
is 80% on-site catering with the remaining
space to be used as a small retail area for
walk-in customers.
Neighborhood Commercial (CN)
The Neighborhood Commercial District (CN) is intended to
provide areas for small-scale office and commercial activities
such as the sale of convenience goods and personal service
businesses that pnmanly serve adjacent residential areas No
uses that adversely affect the health safety welfare or
residential character of neighborhoods are allowed
Neighborhood commercial areas are generally located within
neighborhoods and have pedestrian access to adjacent
residential areas
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Nelson explained that moderate density residential allows single family development as well as
complementary non-residential uses that are meant to serve the nearby neighborhood.
Nelson described the staff analysis of the rezoning request.
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Nelson provided the criteria for consideration and said that the request was found to comply consistently
The application is complete and the information
contained within the application is sufficient and correct
enough to allow adequate review and final action;
The tomng change is consistent with the Ornprehen Ove
Pull,
The coning change promotes the health, safety or general
welfare of the City and the safe orderly, and healthful
development of the City;
The roningchango is compatible vrah iho pirxpnt ton•ng
and confor ming uses of nearby property and vnth the
character of the nedhbornood;and
The property to be rezoned Is suitable for uses permitted
by the district that vrould be applied N the proposed
amendment.
Nelson spoke on the public notifications sent to property owners within a 200 foot radius. She explained that
18 notices had been mailed and a legal notice had been published and also posted on a sign on-site. Nelson
said that 5 comments in opposition had been received and the opposition voiced concern for traffic, driveway
access and the commercial use for the property.
Nelson read the caption.
Mayor Ross opened the public hearing at 6.44 PM.
Persons signed up to speak on Item R included: Sarai Czop, Peggy Denham, Steve Turpin, Liz Weaver, Ron
Weaver, Norman Fillmore, Lenora Fillmore and Phillip Brown.
Comments and Concerns Voiced included:
This is the historic Krysberg House
Abuts back yard of proposed project
Received letter that a driveway was extended
Will be Open 10 am to 6 pm -5 days per week
Applicant intends to operate bakery and consume food on site.
Concerns with traffic
Austin Ave. already too busy
Bakeries begin in early morning hours
Can create undesirable conditions for the neighbors
Back yard turned into impervious cover parking lot
Could cause flooding
Future possibility of outside seating
Property value will decrease with commercial adjacent to residential property
Can see back of building from front porch
Many pictures shown of surrounding structures
Must not be allowed to extend sought
If rezone proposed bakery, it will take away the necessary residential in the area
Scary lists of possible uses for this zoning
Detriment to the area
Does not want a business here, but people are willing to live here
Spoke on owner of bakery — an ambassador for Georgetown
Business neighbor and residential neighbor
Lived in Old Town
Understand the dynamics there and the concern of change
These people will be super sensitive to their neighbors
Area going in this direction
Business is almost all offsite catering
In favor of Georgetown restaurants
This business will not be intrusive
Good fit for the area
Preserves the old building
Known owner for 15 years
This is not an appropriate use
Can't keep pushing the transitional zone out
Needs something that does not require a zoning change
Traffic and parking lot will be dangerous
Restaurant, consuming food on site is a problem
Food businesses notorious for failing in a few years
Location not good to walk to or drive to
Lives in Old Town
Born and Raised in Old Town
Started business in home
Community built her business
Has never advertised, driven by Georgetown people
Will never be a cafe, no desire
Plan review will go to Health District this week
Purchase home, but no plan on onsite eating.
82% custom offsite catering
Only 3 people work for this business
People love to be inside an historic home
Will comply with City's suggestions 100%
Pickups are carefully scheduled
Will offer free cake deliveries to eliminate traffic concerns
Respect what and where this house is
Promises to be a very good invisible neighbor
After all persons who had signed up to speak were heard, Mayor Ross closed the Public Hearing at 7:10 PM
Motion by Fought, second by Gipson, to approve Item R.
Councilmember Jonrowe asked Nelson about the parking requirements. Nelson described the requirements
for a business that will be 80% catering and 20% retail. Jonrowe asked if this could mean 10 to 13 parking
spots. Nelson said that many would not be allowed. She explained that this would be reviewed during site
development. She explained that staff will determine the use and how much space is needed for the use.
Jonrowe asked about access to the property with a driveway difficult to access. Nelson said this will also be
examined in the site development review by both engineering and planning.
Councilmember Gipson asked about the master plan and if this property is in the transitional zone. Nelson
confirmed that the property is at the tail end of the transition zone.
Mayor Ross spoke on the properties in the area on Austin Ave. and asked about the zoning boundaries.
Nelson said this is not an exact zoning area with exact boundaries and is intended to be guidance. She said
the future land use map for the transitional zone is not an exact area. Ross asked if properties next to this
property can apply for rezoning. Nelson said all property owners on Austin Ave. can do this and each would
be examined on an individual basis. Ross asked about the shared driveway with the Peterson Law Firm.
Nelson said this too would be examined in site development. Ross asked about the sidewalk access with
parking on the property since it is not permissible to block a sidewalk. Nelson said parking is not based on
the number of employees, but rather on the basis of the business. She noted that one space for every 400
square feet is allowed, which would be about 5 spaces for this structure. Nelson added that the rezoning is
specific to the property.
Councilmember Eby asked about the specific uses allowed in the CN district and if an asterisk means it falls
under subject to limitations. Nelson confirmed that uses such as food catering and restaurants are noted
with an asterisk and are subject to limitations. Nelson said the asterisk in this case refers to floor to area ratio
and would require HARC approval for demolition, which would be capped on the square footage. Eby asked
if this was the only limitation. Nelson confirmed.
Councilmember Gonzalez asked if it is appropriate to attach a special use permit instead of a zoning change.
Nelson said it would not be allowed for this designation.
Councilmember Jonrowe asked if Council could limit the parking. Nelson said this is a straight rezoning
request and does not allow for conditions.
Councilmember Hesser asked about control over the parking and what would happen if the applicant could
not comply with the parking requirements. Nelson said the property owner would be responsible for meeting
the requirements and would need to find a use that could be compliant. Hesser asked if the request would
be denied in the next step if the parking is an issue, even though it is zoned properly. Nelson said if the
owner could not meet the minimum requirements of the UDC, they would not be issued a site development
permit.
Councilmember Nicholson asked if determining the type of limitation for the type of business is performed
administratively. Nelson confirmed. Nicholson asked if this would be revisited if the business were to
change. Nelson confirmed and said a new use would also need to be compliant with the use chart of that
time.
Eby said this is difficult because if Council had been asked to confirm this particular business and this
particular use, and it complied with the UDC, it would not be a hard question. Eby said, instead, this is a
zoning question for neighborhood commercial. She said when looking at uses allowed in neighborhood
commercial zoning, this business is a good fit. She said being asked to change zoning which would allow
any use by definition is a factor she cannot support because most of the allowed uses would not be good for
this location.
Councilmember Gonzalez voiced a reminder that, even though a property is zoned neighborhood
commercial, other uses would not be approved in the site plan, when they are unable to meet the
requirements. He noted that a business requiring more parking would not get approved in the site
development process.
Jonrowe said these decisions are wrenching and Council needs to have flexibility on a case by case basis.
Jonrowe asked for a 5 minute recess.
Councilmember Gipson said one must think about what is being asked and this is a rezoning request. He
said he agrees that there are protections in place for future requests. Gipson said one must believe in the
established systems.
Mayor Ross recessed the meeting for 5 minutes and called the meeting to order again at 7:39 PM. He took
a vote on the motion to approve Item R.
Approved: 6-1 (Eby opposed)
S. Public Hearing and First Reading of an Ordinance amending the 2030 Comprehensive Plan Future
Land Use Plan for approximately 1.37 acres in the Booty and Lesueur Survey, 0.66 acre in the Outlot
Survey, and 2.84 acres in the Hart Addition Survey, generally located southeast of the intersection of
Railroad Avenue and University Avenue, from the Moderate Density Residential designation to the
Mixed Use Neighborhood Center designation -- Sofia Nelson, CNU-A, Planning Director
Planning Director, Sofia Nelson, spoke on amendments to the 2030 Comprehensive Plan Future Land Use
Plan for property located southeast of the intersection of Railroad Avenue and University Avenue from
moderate density residential to a mixes use neighborhood center designation. She provided a location map,
zoning map, aerial view and future land use map.
Nelson described a Mixed -Use Neighborhood Center (MUNC) and said that the property must be rezoned in
order to bring it into compliance.
Nelson spoke on the criteria for a comprehensive plan amendment in the UDC and said that staff had found
the request compliant in all areas.
The application is complm ant! the edomwtiort t omafned
wkW the appkkadon is sudden and owrect enmo to
Am adepuate mlew and final actbm;
The amendment prornotes the health, safety or general
wekare of the City and the safe orderly, and healthful
development of the City;
The need for the proposed chat®e;
The effect of the proposed change on the need for City
services and facilities;
The cnmpsdb8hy of the proposed chaW with the etm *
uses and devebprtrnt patterns of nearby proprrtll and with
the character of the n6e%bmhood; and
The Implications, d any, that the arnendment may have for
other parts of the plan
Nelson explained that a legal notice advertising the public hearing was placed in the Williamson County Sun
newspaper. She said that no written comments had been received. Nelson noted that the Planning &
Zoning Commission recommended approval unanimously.
Nelson read the caption.
Mayor Ross opened the public hearing at 7.43 PM. No persons had signed up to speak on the item. Mayor
Ross closed the public hearing at 7.43 PM.
Jonrowe said the information seems very convoluted. She asked Nelson if the applicant was trying to amend
the future land use map, so that when there is rezoning there would not be a problem with it being
incompatible with the future land use map.
Nelson confirmed and said the requestor was trying to bring his property into compliance and this zoning is
required in order for the property to be in compliance.
Motion by Eby, second by Gipson, to approve Item S.
Approved: 5-2 (Jonrowe and Gonzalez opposed)
T. Public Hearing and First Reading of an Ordinance rezoning approximately 0.92 acre out of the Landgraf
Sub Survey generally located at 4229 Williams Drive from the Agriculture (AG) to General Commercial
(C-3) zoning district -- Sofia Nelson, CNU-A, Planning Director
Planning Director, Sofia Nelson, spoke on a rezoning request for property located in the 4229 Williams Drive.
She said the land is primarily undeveloped and the request is to rezone from agriculture to general
commercial (C3). Nelson provided a location map, future land use map, zoning map and aerial view.
Nelson described General Commercial (C3) Zoning and said the C-3 is one of the most intense zoning
categories and allows many uses.
Nelson provided the UDC criteria for Council approval for zoning changes and staff findings on compliance,
non-compliance and partial compliance.
The application is compote and the information
contained wfthen the applicaaon a sufficient and correct
enough to allow adequate review and final action;
'the tomrgchange is ronsisteni with the Comprehenwe
Pull,
The zoning change promotes the health, safety or general
welfare of the Gar and the safe orderly, and heAhfd
development of the City;
the m ,rgchange is compatible viol, tho present torung
and conforming usesof near by property andwdh the
character of the neighbor hood; and
The property to be rezoned Is suitable lot uses permitted
by the district that would be appied by the proposed
amendment.
Nelson spoke on Public notification of the request and said that the Planning & Zoning Commission
recommended approval with a 5-1 vote.
Nelson read the caption.
Mayor Ross opened the public hearing at 7.50 PM.
Persons signed up to speak on Item T included: William Harris, Kenny Ware and Gina Kutach.
Comments and Concerns Voiced included:
Automobile repair facility
Modern facility inside and out
Shop closed concept
Parking provided
1.5 million dollars invested
Generate local and state taxes
Jobs for community
Work on higher end vehicles
Questioned why P&Z approves when most criteria is not met
Councilmember Gonzalez asked Nelson about the properties behind the subject property and if curb cuts are
approved for the site. Nelson said the property would have shared access with adjacent properties. She
said this will be examined in site development for proper spacing of curb cuts. Nelson said there is a shared
access agreement with the property immediately behind this property.
Mayor Ross asked for the Williams Drive map to be shown again to gain clarity on the location of this
property. Nelson pulled up the map and said the property is just west of the Catfish Parlor on Williams Drive.
Councilmember Gipson asked if this has to be zoned C3. Nelson confirmed that a C3 zoning is required and
that, additionally, there will be a Special Use Permit process. She said conditions can be added during the
Special Use Permit processing.
Mayor Ross closed the public hearing at 7.59 PM.
Motion by Jonrowe, second by Eby, to deny the request for rezoning.
Failed: 2-5 (Nicholson, Hesser, Fought, Gipson, Gonzalez opposed)
Councilmember Gonzalez spoke on zoning requests and special use permits. He said he is sometimes
uncomfortable with a zoning change, because once zoned, any use is allowed
Mayor Ross asked City Attorney, Charlie McNabb, if a motion can be to deny. McNabb confirmed and said
one could then make another motion.
Motion by Hesser, second by Fought to approve Item T
Approved: 5-2 (Eby, Jonrowe opposed)
U. Consideration and possible action to approve a correction to a Resolution of no objection, allowing
Pedcor Investments to apply for Housing Tax Credits to the State for the construction of 192 units to be
known as the Residences at Stillwater, located at approximately the 1500 block of NE Inner Loop -- Sofia
Nelson, CNU-A, Planning Director
Planning Director, Sofia Nelson, spoke on a correction to a Resolution allowing Pedcor Investments to apply
for Housing Tax Credits for a project to be known as the Residences at Stillwater. She noted that Item U and
Item V would be spoken of together.
Nelson said that the applicant is seeking a correction to two resolutions approved on November 28, 2017.
Resolution of no objection for applicable to State for 4% Housing Tax Credits
• Resolution acknowledging that the City of Georgetown has twice the state per capita number of
housing tax credit units
She noted that the applicant would like the ability to apply in 2018 or 2019. Nelson explained that submitting
an application begins a clock for a closing deadline. She noted that because of a utility access concern for
the site, the developer is concerned that they may not make the deadline if applied only for 2018.
Nelson described the Resolution Correction Request.
Nelson read the caption.
Councilmember Gonzalez said he does not want this to move to 2019 and will not vote for this. He said he
wants it to happen in 2018.
Jean Latsha, Vice President of Development with Pedcor, addressed the concern.
She explained that financing carries complicated bond deadlines, which take place August 15 or late
December. Latsha said that the resolutions need to be changed, just in case the closing date gets pushed
out. She said that Pedcor wanted to add the language as a safety measure.
Motion by Jonrowe, second by Eby, to approve Item U.
Approved: 4-3 (Fought, Gipson, Gonzalez opposed)
V. Consideration and possible action to approve a correction to a Resolution acknowledging that
Georgetown has more than two times the average per capita amount of Housing Tax Credit units,
allowing Pedcor Investments to apply for Housing Tax Credits to the State for the construction of 192
units to be known as the Residences at Stillwater, located at approximately the 1500 block of NE Inner
Loop -- Sofia Nelson, CNU-A, Planning Director
Nelson read the caption
Motion by Jonrowe, second by Eby, to approve Item V.
Approved: 5-2 (Fought, Gipson opposed)
W. Consideration and possible action to approve a Resolution accepting a petition and setting public
hearing dates for the Voluntary Annexation of approximately 44.69 acres, which includes adjacent right-
of-way, situated in the Francis A. Hudson Survey, Abstract No. 295, Williamson County, Texas, located
south of La Conterra Blvd., west of FM 1460, and north of Westinghouse Road to be known as the
Keyes Tract -- Sofia Nelson, Planning Director
Planning Director, Sofia Nelson, spoke on a request to accept a petition and set public hearing dates for a
voluntary annexation located south of La Conterra Blvd., west of FM 1460 and north of Westinghouse Rd., to
be known as the Keyes Tract. She provided a location map and future land use map.
Nelson described the Annexation Process and the Proposed Schedule.
Nelson read the caption.
Motion by Gonzalez, second by Fought, to approve Item W.
Approved: 7-0
X. Consideration and possible action to approve a Resolution implementing the Unified Development Code
(UDC) General Amendments List for 2018/19 -- Sofia Nelson, CNU-A, Planning Director
Planning Director, Sofia Nelson, spoke on implementing the UDC General Amendments List. She noted that
the list had been shown in great detail at the workshop presentation for the amended list on April 10, 2018.
Nelson spoke on the UDC Annual Review Process
Nelson provided a chart of UDC Amendments in Progress and spoke on Priority 1 Groupings.
Nelson spoke on the Level 2 Priorities
• Downtown Master Plan Transition Areas
• Special Use Permit Approval Criteria
• Screening of Trash Receptacles
• Gateway Overlay Districts
• Digital/Electronic Signs
Level 3 Priorities were listed.
• Green Building Strategies
• Residential design standards for Old Town Overlay District
■ Landscaping requirements, applicability
■ Landscaping requirements, water conservation efforts
• Abandonment of nonconforming situations
• Determination of legal nonconforming situation
• Masonry requirements for non-residential
• Conservation Subdivision standards
• Temporary signs, banners
• Monuments sign height when in landscape areas
• Courthouse View Protection Overlay District
Nelson spoke on Topics to Remove
• Special Use Permit Conceptual Site Plan requirements
• Determination of Accessory Uses
• Definition of "Live Music or Entertainment" uses
• Outdoor display and storage
• Screening of mechanical equipment
Nelson described the Annual Review Process
Nelson noted that the Unified Development Code Advisory Committee and the Planning & Zoning
Commission had recommended approval of the proposed list.
Nelson read the caption.
Motion by Eby, second by Nicholson, to approve Item X.
Councilmember Jonrowe proposed an amended motion to change Amendment 19, regarding transition
zones, from a Priority 2 to a Priority 1. Amended motion fails for lack of a second.
Original Motion Approved: 7-0
Y. Consideration and possible action to award the Airport Road Improvement Project to Patin
Construction, LLC, of Taylor, Texas with a bid amount of $2,409,389.70 -- Wesley Wright, P.E., Systems
Engineering Director
Systems Engineering Director, Wesley Wright, spoke on awarding the Airport Road Improvement Project to
Patin Construction. He explained that 1/4 cent of sales tax goes to the Georgetown Transportation
Enhancement Corporation to fund roadway transportation projects that promote economic development. He
explained that one such project is Airport Road at the intersection of Lakeway in connection to the Holt
Caterpillar development.
Wright said an earlier GTEC meeting had been cancelled for the lack of a quorum, which prompted this Item
to come before Council prior to GTEC approval. Wright said it will be brought to GTEC at their next meeting
and approval is expected. Wright noted that all right of ways have been dedicated at no charge.
Wright read the caption.
Motion by Nicholson, second by Gipson, to approve item Y.
Approved: 7-0
Z. Consideration and possible action on an amendment to Task Order MSE -16-001 with M&S Engineering of
Georgetown, TX in the amount of $43,575.00 for professional engineering services associated with a
right turn lane on Williams Drive at Rivery Blvd -- Wesley Wright, P.E., Systems Engineering Director
Systems Engineering Director, Wesley Wright, spoke on amending a Task Order with M&S Engineering for a
right turn land on Williams Drive at Rivery Blvd.
He said this Item is also a GTEC project to be considered at their meeting on Monday. He explained that
this is for Rivery Blvd. improvements to improve the Sheraton situation after the Sheraton Traffic Impact
Analysis. He explained that the project would provide a desperately needed turn lane. Wright said that funds
are available and the project is ready for bid.
Wright read the caption
Motion by Nicholson, second by Hesser, to approve item Z.
Councilmember Hesser asked Wright how this fits in with the extension of Rivery. Wright said this project is
independent of that.
Approved: 7-0
AA. Forwarded from Georgetown Utility Systems Advisory Board (GUS):
Consideration and possible action to approve a contract amendment with Archer Western Construction,
LLC. of Irving, Texas for Domel Pump Station Improvements in the amount of $100,000.00 -- Wesley
Wright, P.E., Systems Engineering Director
Systems Engineering Director, Wesley Wright, spoke on a contract amendment with Archer Western for the
Domel Pump Station Improvements. Wright said that the Domel Pump Station had been acquired in the
Chisholm Trail Agreement and provides 3 million gallons of water per day. He explained the need to move
two pipes that had been discovered to not be where they had been shown to be.
Wright read the caption.
Motion by Fought, second by Hesser, to approve Item AA.
Councilmember Fought explained that this contract acknowledges the parts need to be moved, but the labor
is not yet known in full.
Approved: 7-0
AB. First Reading of an Ordinance for the Voluntary Annexation of approximately 106.213 acres in the Burrell
Eaves Survey, generally bounded by SH195 and Bonnet Lane and located at 2453 SH 195 Georgetown,
Texas, to be known as Berry Creek Highlands -- Sofia Nelson, CNU-A, Planning Director.
Planning Director, Sofia Nelson, spoke on a request for Voluntary Annexation for property to be known as
Berry Creek Highlands.
Nelson provided a location map and future land use map. She said the project calls for mixed use
development with commercial up front.
Nelson read the caption.
Motion by Fought, second by Gipson, to approve Item AB.
Approved: 7-0
AC. First Reading of an Ordinance for the Voluntary Annexation of approximately 208.327 acres in the Burrell
Eaves Survey, generally bounded by SH 195, south of Bonnet Lane, and north Shell Stone Trail and located
at 2451 SH 195 Georgetown, Texas to be known as Berry Creek Highlands -- Sofia Nelson, CNU-A,
Planning Director
Planning Director, Sofia Nelson, spoke on a request for Voluntary Annexation for property to be known as
Berry Creek Highlands. She provided a location map and future land use map and described the property
Nelson showed the annexation process and the proposed schedule.
Nelson read the caption\
Motion by Nicholson, second by Hesser, to approve Item AC.
Approved: 7-0
AD. First Reading of an Ordinance authorizing the Issuance of City of Georgetown, Texas Combination Tax
and Revenue Certificates of Obligation, Series 2018, levying an Ad Valorem Tax and the pledge of certain
revenues in support of the certificates, approving an Official Statement, a Paying Agent/Registrar Agreement
and other agreements related to the sale and issuance of the certificates and authorizing other matters
related to the Issuance of the Certificates -- Leigh Wallace, Finance Director
Finance Director, Leigh Wallace, described Texas Combination Tax and Revenue Certificates of Obligation,
Series 2018. She said that the Council would be hearing the results of the 2018 Debt Sale. She said this
pertains to Items AD, AE and AF.
Wallace recapped the process that leads to this point.
• City Council, City Boards and residents give City staff feedback on capital projects through voter
approved bond elections, many master planning processes across the City, and the annual budget
process
• Council adopted the current debt plan in September as part of the 2018 budget
• In January, Assistant City Manager, Laurie Brewer provided the Council with an annual debt update,
which included tax rate impacts, debt per capita, total obligations and project list changes
■ Council approved moving forward with the debt sale in February 2018
• In the last two months the City's financial advisor, Specialized Public Finance and the City's Bond
Council, McCall Parkhurst, conducted the tasks to complete a competitive sale.
Wallace noted that City had received affirmation from Standard & Poor of a a credit rating of AA+ for
Certificates of Obligation and General Obligation bonds and a credit rating of AA for the Utility Revenue
Bonds.
Wallace spoke on some of the projects included in the debt sale report.
• Phase II of San Gabriel Park
• Northwest Blvd. Bridge over 135
Enterprise Resource Planning software
• ADA Act Plans
• Sidewalk Plans
• Replacement of Public Safety Radio System
• Expansion and upgrades to the electric utility system
Wallace introduced Jennifer Ritter -Douglas from Specialized Public Finance, who described the bid process.
Ritter -Douglas had passed out handout materials to the Council, for ease of review, and explained and
described this year's bid process and numbers. She explained that interest rates are up from last year and
the volume in the market is down by one third. Ritter -Douglas noted a slightly rising interest rate
environment. She said the City had actually acquired a better rate this year and recommended approval of
the bid.
Wallace read the caption.
Motion by Gonzalez, second by Eby, to approve Item AD.
Approved: 7-0
AE. First Reading of an Ordinance authorizing the Issuance of City of Georgetown, Texas General Obligation
Bonds, Series 2018, authorizing the levy of an Ad Valorem Tax in support of the Bonds, approving an
Official Statement, a Paying Agent/Registrar Agreement and other related documents, awarding the Sale of
the Bonds and authorizing other matters relating to the bonds -- Leigh Wallace, Finance Director
Finance Director, Leigh Wallace, described Texas General Obligation Bonds, Series 2018
Wallace read the caption.
Motion by Gonzalez, second by Nicholson, to approve Item AE.
Approved: 7-0
AF. First Reading of an Ordinance authorizing City of Georgetown, Texas Utility System Revenue Bonds,
Series 2018, authorizing the pledge of certain revenues in support of the bonds, approving a Paying
Agent/Registrar Agreement, an Official Statement and other related documents and authorizing other matters
related to the Issuance of the Bonds -- Leigh Wallace, Finance Director
Finance Director, Leigh Wallace, described Texas Utility System Revenue Bonds, Series 2018.
Ritter -Douglas from Specialized Public Finance described the process and numbers for the Texas Utility
System Revenue Bonds.
Wallace read the caption.
Motion by Gonzalez, second by Nicolson, to approve Item AF.
Approved: 7-0
AG. First Reading of an Ordinance zoning for traffic and rate of speed therein, in the City Limits of the City of
Georgetown, on Shell Road from the west end of the existing 35 MPH zone to the city limit line past the
center line of Sycamore Street, 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 -- Octavio Garza, P.E., Public Works Director (action required)
Public Works Director, Octavio Garza, spoke on zoning for traffic and rate of speed on Shell Rd
Garza read the caption.
Motion by Nicholson, second by Gipson, to approve Item AG.
Councilmember Jonrowe asked for more clarification. Garza said there had been traffic issues in this area
and turn lanes and a new speed zone sign have been recommended for reducing speed and improving traffic
problems on Shell Rd. Garza showed a map and described the area. Jonrowe asked how speed limits
were chosen. Garza said it is based on how people are driving and traffic engineers determine the safety of
the roads.
Approved: 7-0
AH. Second Reading of an Ordinance amending Chapter 10.12 of the Code of Ordinances of the City of
Georgetown regarding speed limits -- Octavio Garza, Public Works Director (action required)
Public Works Director, Octavio Garza, spoke on amending Chapter 10.12 regarding speed limits. He said
that this was a second reading and there had not been any changes since the first reading.
Garza read the caption.
Motion by Eby, second by Nicholson, to approve Item AH.
Councilmember Jonrowe reminded that this was for the old Williams Elementary, which is now a GISD
administrative office and no longer a school in need of a school zone.
Approved: 7-0
Al. Second Reading of an Ordinance amending Section 7.02.020, Non -Residential Lot and Dimensional
Standards, of the Unified Development Code (UDC) relating to the minimum district size requirement for
the Business Park (BP) zoning district -- Sofia Nelson, CNU-A, Planning Director (action required)
Planning Director, Sofia Nelson, spoke on amending Section 7.02.020 of the UDC relating to minimum district
size for Business Park zoning. She explained that this was a second reading and there had not been any
changes since the first reading.
Business Park Zoning District
• Mar 11, 2003 — Adoption of Unified Development
Code (UDC)
— Business Park (BP)
• Purpose: location for office, research and light industrial
uses located as part of large development
• Includes commercial activities such as restaurants, banks,
day care and similar uses, as well as high density
residential
— Minimum lot size standards for zoning districts
• BP: 5 acres minimum lot area
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Business Park Zoning District
• Oct 27, 2009 — New zoning, lot and design
standards for all zoning districts
— Review site design standards to make district
more useable
— Business Park (BP): 20 acre minimum district
size
— This standard has acted as a barrier to the kind
of "usability" of the district that was envisioned
when the standard was adopted.
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Nelson said that the applicant's request is to amend the minimum district size to provide the opportunity to
build business park projects on smaller lots. She explained the proposed amendment to allow other
properties to be designated BP where appropriate.
• Major thoroughfares such as Inner Loop and Westinghouse Rd.
• Existing industrial/business parks
■ Adjacent to commercial nodes
Nelson spoke on Similar City Zoning Districts and Comparable Districts from other Cities.
Nelson spoke on staff findings for the request, reviewed with the approval criteria, and noted that all sections
were in compliance. She noted that the Planning and Zoning Commission and the Unified Development
Code Advisory Committee had recommended approval.
Promotes the health, safety or general
welfare of the City and the safe, orderly, X
and healthful development of the City.
Is consistent with the Comprehensive Plan X
Is necessary to address conditions that X
have changed in the City.
Would positrvely or negatively impact the X
environment or community
Is in conformance with other applicable X
Sections of the City Code.
Nelson said that a notice of the request was published on March 18, 2018 and no written comments on the
request have been received.
Nelson read the caption.
Motion by Fought, second by Gipson, to approve Item Al.
Approved: 7-0
Project Updates
AJ. 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, city
lease agreements, sanitation services, and possible direction to city staff— David Morgan, City Manager
Mayor Ross asked City Manager, David Morgan, if he had any project updates to discuss. Morgan said he
did not at this time, but would be happy to answer any questions.
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.
AK. At the time of posting, no persons had signed up to address the City Council
Earlier in the meeting, while discussing Item F, Councilmember Jonrowe asked City Attorney, Charlie McNabb, to
determine if Councilmember Fought was permitted to oppose the motion, when it was he who made the motion.
McNabb had said that he would like time to thoroughly research the ruling before making a determination.
At the end of the meeting McNabb addressed the point of order on Item F. He explained that the City's Code
controls the rules, unless it is a point of procedure that is not covered at all in the code, at which time Roberts
Rules of Order is followed. McNabb said this was not in the City Code and explained that Roberts Rules notes
that one is not permitted to debate against their own motion, but is permitted to vote against it.
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.
AL. 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
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. 551.087: Deliberation Regarding Economic Development Negotiations
- Project Badge
- Project Access
- Project Barney
- Project Delivery
Adjournment
Motion by Fought, second by Nicholson, to adjourn the meeting. Mayor Ross adjourned the meeting at 8.46 PM.
Approved by the Georgetown City Council on 5 t
Date
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Dale Ross,
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Attest, Cit creta