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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 C;1c,Kc,! II��N•\ Ift•,� 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. 4. ar,1 �n -..;. .iry�.•�r .n'r. Ir�rtr�F ...yr a•nl. .r..a1 frn.rh r..1i��. r�r �. r.r.�h.,. IL- A. M W.J.— i1µ...11 wr.i ... .L .. .r .. wpam.i. ... ..... J.ti 4 . hq; i .lr .nw... yF...J 1. a r r7..(.. •...1 .41. Y.r. r..r i..r •hr xr..i r flr.. N r h tir ....— . •. INN T17 ' W J W!L`1F1 ig1St 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 0J FL?I{L,k f L]K' N SF%A� 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. <;P C,t,, ., i,. 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 rTAII-fr4 4J Dale Ross, cJ Attest, Cit creta