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HomeMy WebLinkAboutMIN 05.22.2018 CC-RMinutes of a Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, May 22, 2018 The Georgetown City Council will meet on Tuesday, May 22, 2018 at 6:00 PM at the Council Chambers at 101 East 711 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 8`h Street for additional information; TTY users route through Relay Texas at 711. Mayor Pro Tem, John Hesser, called the meeting to order at 6:15 PM. All Councilmembers were in attendance, with the exception of Mayor Dale Ross. Councilmember Ana Eby, District 1, Councilmember Valerie Nicholson, District 2, Councilmember John Hesser, District 3, Councilmember Steve Fought, District 4, Councilmember Kevin Pitts, District 5, Councilmember Rachael Jonrowe, District 6, and Councilmember Tommy Gonzalez, 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 - Police Department Awards Presentation - Motorcycle Safety Proclamation City Council Regional Board Reports Announcements - Government Finance Officers Association Budget Presentation Award - Garey Park Grand Opening Announcement Action from Executive Session Motion by Fought, second by Nicholson to recommend approval of the appraisals, as presented, and authorize staff to make initial offers to purchase real property on the terms discussed in Executive Session for Parcels 5, 9 and 10, in connection with the Northwest Boulevard Bridge Project. Approved: 7-0 Motion by Fought, second by Nicholson, to authorize staff to negotiate with High Paloma/Urban for the sale of the city -owned building located at 101 East 7th Street, under the terms discussed in Executive Session. Approved: 7-0 Motion by Fought, second by Nicholson, to authorize staff to negotiate with City Post Partnership for the sale of the city -owned building located at 113 East 8th Street, under the terms discussed in Executive Session. Approved: 7-0 Motion by Fought, second by Nicholson, to authorize staff to send a request for best and final proposal to all proposers for the sale of the city -owned building located at 103 W. 7th Street, under the terms discussed in Executive Session. Approved: 7-0 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 Special Meeting, Workshop Meeting and Regular Meeting held on Tuesday, May 8, 2018, and the Special Meeting held on Wednesday, May 16, 2018 -- Shelley Nowling, City Secretary C. Consideration and possible action to appoint Gary Newman as a member of the Planning and Zoning Commission to fill a vacancy -- Mayor Dale Ross D. Consideration and possible action to appoint Travis Perthuis as a member of the Zoning Board of Adjustment to fill a vacancy -- Mayor Dale Ross E. Consideration and possible action to appoint Roger Chappell to the Planning and Zoning Commission as Alternate #2 to fill a vacancy -- Mayor Dale Ross F. Consideration and possible action to appoint Kevin Pitts to the General Government and Finance Advisory Board to fill a vacancy -- Mayor Dale Ross G. Consideration and possible action to approve a Memorandum of Understanding (MOU) with the Texas A&M Forest Service and Georgetown Fire Department to provide opportunities to capitalize on live -fire training -- John Sullivan, Fire Chief H. Consideration and possible action to approve submission of a proposal in response to the Army Corps of Engineers, Solicitation No. W9126G18T0018, Increased Law Enforcement Services, Georgetown, Texas and authorizing the City Manager to sign the resulting agreement -- Wayne F. Nero, Chief of Police 1. Consideration and possible action to approve granting a license to encroach to Continental Homes of Texas, L.P. for landscaping, irrigation, lighting and columns into the rights of way of Fairhaven Gateway, Otto Avenue, Rockride Lane, Southwestern Boulevard, Dubina Avenue, and adjacent public utility easements; and to authorize the Planning Director to execute the license to encroach -- Travis Baird, Real Estate Services Coordinator J. Consideration and possible action to enter into a Public Right of Way Maintenance and License Agreement with Continental Homes of Texas, L.P., to allow the installation and maintenance of stamped asphalt in the right-of-way known as Fairhaven Gateway -- Travis Baird, Real Estate Services Coordinator K. Consideration and possible action to authorize the Mayor to sign a Cooperation Agreement with Williamson County and the City Manager to sign a letter of deferral to continue participation as part of the Urban County Entitlement for the Community Development Block Grant Program for FY2019-21 -- Susan Watkins, AICP, Housing Coordinator and Sofia Nelson, CNU-A, Planning Director L. Forwarded from the Parks and Recreation Advisory Board: Consideration and possible action to approve the parkland maintenance agreement with Lakeside at Lake Georgetown -- Kimberly Garrett, Parks and Recreation Director M. Forwarded from the Georgetown Utility Systems Advisory Board (GUS): Consideration and possible action to approve a contract with Huffman Contractors, LLC of Nederland, Texas for the Raw Water Intake Maintenance Improvements in the amount of $774,000.00 -- Wesley Wright, P.E., Systems Engineering Director Motion by Gonzalez, second by Fought, to approve the Statutory Consent Agenda in its entirety. Approved: 7-0 Legislative Regular Agenda N. Second Public Hearing for the Voluntary Annexation of approximately 18.331 acres in the Ruidosa Irrigation Company Survey, located at 118 Mourning Dove, Georgetown, Texas, to be known as Mourning Dove Subdivision -- Nat Waggoner, Long Range Planning Manager Long Range Planning Manager, Nat Waggoner, spoke on the request for voluntary annexation for property located at 118 Mourning Dove in Georgetown. He provided a location map and a future land use map. He explained that the First Public Hearing had been heard at a special council meeting. Waggoner provided the annexation process and the proposed schedule. Waggoner read the caption. Mayor Pro Tem, John Hesser, opened the Public Hearing at 6:38 PM. No persons had signed up to speak on the Item. Hesser closed the Public Hearing at 6.38 PM. This Item was for Public Hearing purposes only and did not require Council action. 0. Consideration and possible action to approve a partnership between the City of Georgetown and Habitat for Humanity for administration of the Home Repair Program -- Susan Watkins, AICP, Housing Coordinator Housing Coordinator, Susan Watkins, spoke on a partnership with Habitat for Humanity for the administration of the Home Repair Program. She said the purpose of the presentation would be to review the partnership agreement and ask for Council's approval. Watkins explained that she would be speaking on the benefits of the partnership, the agreement guidelines, the Housing Advisory Board recommendation and the City's in kind contributions. Watkins spoke on the Benefits to Partnering with Habitat for Humanity. • Established program with available staff • Access to volunteer pool • Experience managing contractor relationships • Available capacity to administer the Georgetown program • Minimal (voluntary) administration fee provided Agreement Guidelines were provided by Watkins. • Goals ' • Eligible activities • Income eligibility • Budget • Measures of effectiveness • Reporting process Watkins listed the proposed goals. • Provide home repairs to homeowners with limited resources • Avoid demolition by neglect by code enforcement • Maintain neighborhoods (neighborhood revitalization) • Ensure safety • Provide accessibility Watkins spoke on Eligible Activities of the program. • Exterior Improvements o Roofing o Siding • Weatherization o Windows • Energy Efficiency/Conservation o Plumbing o Electrical • Accessibility • Safety Watkins described Income Eligibility • 50% AMI o Consistent with Habitat guidelines o Efficiency of administration o Targets need at lower income levels Watkins spoke on the FY18 Budget for the Home Repair program. She said the amount in the budget was $24,000 for the Home Repair Program allocation which is in the Planning Department budget. Watkins noted that there is an allowance of 10% to be used for volunteer insurance. Watkins said the proposed amount for liens in this agreement is different than that in the existing program. She explained that the proposed agreement would require a lien to be filed on all homes with repairs over $500.00 and the City would administer the lien process. Councilmember Jonrowe asked if other cities use a lien such as this. Watkins said that staff visited with the Legal Department and were told that it is common. City Attorney, Charlie McNabb, said he had been asked for his experience. Jonrowe asked if this was done for preservation grants and said she knows that it has not. Councilmember Pitts asked about the lien process and purpose. McNabb explained that the lien is collected at the time of sale of the property. Councilmember Fought said the City needs to amplify the purpose of the lien and how it is administrated. He provided an example - if a house was under water, the City should forgive the lien. Fought said he would expect this of the City. Fought said when a lien is recovered, it should then be put back into the program funds. He said this is a unique way of handling the lien and would be a reinvestment of the monies, providing more opportunity for other people in need of home repairs. Pitts said there should be a burn off provision to provide for a tragedy. Councilmember Gonzalez said if a small repair is warranted, he believes that the lien should be forgiven after a period of 10 years. Fought noted that this is a zero interest loan and is not punitive at all. He explained that the same amount, without interest, would be reinvested in the program, which would then help another family. Councilmember Gonzalez suggested looking at having only half of the lien due back to the City. City Manager, David Morgan, said he recommends that the lien provisions be removed from the agreement. He explained that administration becomes too costly. Councilmember Jonrowe said these should be gifts for underprivileged citizens in need of the City's help. Debbie Hoffman, Executive Director of the Williamson County Habitat for Humanity, said Habitat utilizes liens for new homes, but not for home repairs. She explained that it is not administratively worth it. Hoffmann said she would not recommend liens to low income families. Councilmember Fought said the family is not required to pay it back, except for at the time of sale, which helps build the funds in the program for others, as well. Councilmember Pitts asked about the useful life of the repairs and noted that he would not want liens enforced. Gonzalez said this should be part of the City's annual social services program funding. He said he would not want this to be additional monies to that. Debbie Hoffmann explained that Habitat for Humanity's education program is supported through the City's Strategic Partnership for Community Services Program but Habitat does not solicit monies from that prograrn for home repairs. Hoffman said the City's Home Repair program has been in existence for years and this is a request to allow Habitat to administer the program, since they have the resources and are equipped to do so. Councilmember Eby noted that this a request to approve Habitat to administer the program. McNabb said that contracts had been created for Habitat to administer the program. Eby said she is in favor of removing the lien language. Councilmember Hesser asked Watkins if this item is a request to approve the agreement with Habitat. Morgan said the current program processes liens for $10,000 or more and said this amount is above and beyond the Strategic Partnerships awards. Morgan said there has been a home repair program for a number of years at the City and the question is the lien amount. Fought said he liked Councilmember Pitts' remark regarding the useful life of these repairs and now agrees this needs to be considered. Watkins spoke next on a permit fee waiver. She said that, upon Council approval, fees would be waived for repairs needing permits. Watkins noted that there would be six repairs of unduplicated homes per year. She explained that an ordinance would be brought for Council approval. Watkins described the Reporting Process • Before and after photos • Final Report o How the City's funds were used o An analysis of the completed work furthered the City's goals o The total numbers served and the total number of Georgetown citizens served Watkins spoke on the Housing Advisory Board Recommendation. ■ Agreement approval by Council • Lower income threshold for eligibility from 60% to 50% median income (to match Habitat's program) • Require repair of at least six houses in a year • Prioritize repairs related to safety and accessibility • Maintain current lien requirements Watkins described the City's in kind contributions • Staff time o Planning/Building/Code Enforcement o Legal o Finance ■ Fee Waivers Watkins asked the Council for their direction. Motion by Fought to approve Item O, amended to have a ten year expiration of the lien and a provision that if a lien is collected, it is placed back into the fund for home repairs. There was no second to the motion. Councilmember Eby asked about not having a lien amount at all. McNabb said he would need Council's direction and then could provide language with their intent. He noted possible language that would call for the lien to be amortized over a period of time so that it loses 10% each year. Fought said he meant it to be a straight ten years. McNabb said this can be an issue if one owner dies one day prior to 10 years. McNabb said, normally, he has seen these liens amortized, but, of course, it would be up to the Council. He said another issue is the positivity of the sale. He said it could be a distress sale, or a number of other reasons. McNabb said the agreement could be written in such a way so that only the portion that is in excess of a certain valuation is given back to the City. Fought said he would like to add language that says future councils have the ability to excuse the lien. McNabb said a council would not have that right, constitutionally. Gonzalez suggested keeping it simple with a flat ten year lien and require that there has to be positive equity in the home being sold. Eby asked if a majority of Council would be in favor of not having a lien requirement at all. Jonrowe said if such a motion fails, she would suggest following the Housing Advisory Board's recommendations. Eby said that recommendation would be to keep it as it currentIv is, which is at the $10,000. Pitt asked if the Housing Advisory Board had a ten year lien limit in their recommendations. It was confirmed that they did not. Pitt suggested raising the lien amount to $10.000 and have it burned off in 10 years. Gonzalez suggested an amount of $5,000 instead of $500, with a 10 year max limit. Motion by Eby, second by Pitts, to approve an agreement between the City of Georgetown and Habitat for Humanity for administration of the Home Repair Program, with the removal of paragraph 3.1 in the agreement, which is the paragraph referring to liens. Approved: 6-1 (Gonzalez opposed) P. Consideration and possible action to approve a mural easement agreement for a mural to be located at 215 W. 8th Street — Laurie Brewer, Assistant City Manager Valerie Nicholson, Councilmember District 2, filed a Conflict of Interest Affidavit for Item P with the City Secretary and left the dais. She returned to the dais after Item P received Council action. Assistant City Manager, Laurie Brewer, spoke on a mural easement agreement for a mural to be located at 215 W. 8th Street. She explained that this was an Initiative through the Arts & Culture Advisory Board. Brewer said that the property is located at the northeast corner of 8'h Street and Rock Street. She said the mural would be 21 feet x 15 feet, facing Rock Street. Brewer noted that the mural agreement would be for 5 years, and would be the same as agreements used for similar projects. Councilmember Jonrowe asked if any extra steps have been taken to avoid what happened to another mural on Main Street. City Manager, Morgan explained that there had been condensation in the stucco wall and the wall needed to be repaired, requiring the mural to be destroyed. He said that the City owns the building and will be replacing the stucco and the mural. Morgan explained that there has been due diligence performed in analysis for the new mural wall. Councilmember Hesser asked what surface the new wall had. Morgan said it also is stucco. Jonrowe said she would like more information. Brewer reminded the Council that this easement agreement would only be for 5 years. Jonrowe said these become part of the memories of Georgetown and mean a lot to people. Motion by Jonrowe, second by Eby, to approve Item P. Approved: 6-0 (Nicholson recused) Q. Forwarded from the Parks and Recreation Advisory Board: Consideration and possible action to approve a construction contract with Ritter-Botkin Prime Construction Company Inc. of Pflugerville, Texas, in the amount of $3,619,690.90 for construction of San Gabriel Park - Phase 2 and Trail Extension -- Kimberly Garrett, Parks and Recreation Director Parks and Recreation Director, Kimberly Garrett, spoke on a construction contract for the San Gabriel Park, Phase 2 and the Trail Extension. She noted that she had provided a workshop on the improvement plans earlier in this year. Garrett explained that the improvements are part of 2008 Park Bonds and listed the improvements to be provided. She described the bid process and noted that the low bidder, Ritter-Botkin Prime, has done other projects for the City and is reliable and well thought of. Garrett read the caption. Motion by Jonrowe, second by Nicholson, to approve Item Q. Approved: 7-0 R. Forwarded from (Georgetown Transportation Advisory Board) GTAB: Consideration and possible action to award the Rivery Boulevard Extension Project to Joe Bland Construction LP, of Pflugerville TX in the amount of $5,099,000.00 -- Wesley Wright P.E., Systems Engineering Director Systems Engineering Director, Wesley Wright, spoke on the Rivery Blvd. Extension Project. He said that one of the main responsibilities of the Systems Engineering Department is the implementation of the Transportation Capital Improvement Plan. He said this item is for the Rivery Blvd. extension and will extend Rivery Blvd. with four lanes, divided with medians, from Williams Drive to Northwest Blvd. He said this is one of three projects intended to improve mobility in Georgetown. Councilmember Jonrowe asked about the $318,000 coming from the tree mitigation fund. Wright explained the developers' tree mitigation fund required in the City and said the fund is substantial. He explained that the City's Arborist will be landscaping Rivery Blvd. He provided a rendering of what the Blvd. will look like. Jonrowe asked if there will be taller, more robust trees, instead of small saplings replacing mature trees. Wright confirmed. Motion by Nicholson, second by Pitts, to approve Item R. Approved: 7-0 S First Reading of an Ordinance establishing the classifications and number of positions (Strength of Force) for all the City of Georgetown Fire Fighters and Police Officers pursuant to Chapter 143 of the Texas Local Government Code pertaining to Civil Service -- Tadd Phillips, Human Resources Director (action required) Human Resources Director, Tadd Phillips, spoke on the classifications and number of positions proposed for Firefighters and Police Officers. He explained that the ordinance, by regulation, separates and details specific classifications of all Civil Service positions. He said this request will specifically add one additional police officer, because of a pending retirement at the end of July. He noted that the next Police Academy begins the second week of June and staff would like to add one excess person for a period of six weeks, in order to get the person into the academy and trained quickly. Phillips said Council would see an updated strength of force ordinance during the upcoming budget process. Phillips read the caption. Gonzalez asked why there are 27 supervisor positions in the Police Department, and 58 officers and detectives, which is a 2.14 rank and file per supervisor. He said in the Fire Department there are 2.43 rank and file per supervisor. Gonzalez asked Phillips to provide Council with comparison numbers from other cities' PD and FD positions. Phillips said he will prepare comparison numbers and provide them for the Council. Motion by Nicholson, second by Pitts, to approve Item S. Approved: 7-0 T. Second Reading of an Ordinance amending Section 10.12.090 entitled "City Streets" of the Code of Ordinances of the City of Georgetown relating to speed zones on City streets by adding a 30 mile per hour zone on Del Webb Blvd.; repealing conflicting Ordinances and Resolutions; providing a severability clause; providing for publications and setting an effective date -- Octavio Garza, P.E., Public Works Director (action required) Transportation Manager, Ed Polasek, spoke on an ordinance to amend the speed zones on Del Webb Blvd. Polasek said that this was a second reading of the Ordinance, and there have been no changes since the first reading. Polasek read the caption. Motion by Fought, second by Nicholson, to approve Item T. Jonrowe asked about intersection studies and asked what triggers an intersection study. Polasek said speed studies and intersection studies are accounted for in the budget each year. He said that if signal modification is needed, staff brings in traffic consultants. City Manager, David Morgan, explained that if a change is needed, a formal study must be conducted in order to do so. Jonrowe asked if there is a policy for these requests. Polasek said a Traffic Engineer and the Public Works Director would initially analyze an indicated problem and it would be their assessment that would determine the need for a study. Jim Briggs, the General Manager of Utilities, said a study would be conducted anytime there is a constructional change, as well. Morgan said the need for further study can be determined internally. He explained that data and traffic information is gathered and it is a professional judgement. Morgan said he would not want to leave an unsafe situation because of a lack of funding. Morgan said there is currently an opening for a Transportation Engineer in the Public Works Department, which Council approved in last year's budget. Approved: 7-0 Project Updates U. 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 Pro Tem Hesser asked City Manager, David Morgan, if he had any project updates to share. Morgan said that he did not at the 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. V. At the time of posting, no persons had signed up to address the City Council Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session. W. 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 - Water CCN Sec. 551.072: Deliberations about Real Property Authorization of Negotiations for the Downtown Building Sale - Wolf Lakes -Acquisition of Property for Northwest Blvd., Parcels 5, 9, and 10 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 Deliver - Project Wire Adjournment Motion by Gonzalez, second by Pitts, to adjourn the meeting. Mayor Pro Tem Hesser adjourned the meeting at 7:28 PM. Approved by the Georgetown City Council on ��� �I Date (I a (_ 264"7 Dale oss, Mayor Attest: City Sec t y