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HomeMy WebLinkAboutMIN 11.27.2018 CC-RMinutes of a Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, November 27, 2018 The Georgetown City Council will meet on Tuesday, November 27, 2018 at 6:00 PM at the Council Chambers at 101 East 7' 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' Street for additional information; TTY users route through Relay Texas at 711. Mayor Dale Ross called the meeting to order at 6:09 PM. All Councilmembers were in attendance, with the exception of Valerie Nicholson, Councilmember District 2 and John Hesser, Councilmember District 3. Mayor Dale Ross, Anna Eby, Councilmember District 1, Steve Fought, Councilmember District 4, Kevin Pitts, 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 City Council Regional Board Reports Announcements Action from Executive Session Motion to approve a compromise and settlement agreement between the City and Elster Solutions LLC concerning a dispute over warranty issues as discussed in Executive Session by Fought, second by Jonrowe. Approved 5-0 (Nicholson and Hesser absent.) 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 Meetings held on Tuesday, November 13, 2018 and the Special Meeting held November 20, 2018 — Shelley Nowling, City Secretary C. Consideration and possible action to appoint Cynthia Conomos as a Deputy City Secretary with authorization to post agendas — Shelley Nowling, City Secretary D. Consideration and possible action to approve the Interlocal Agreement for Automatic Aid assistance between the City of Georgetown, Texas and the Williamson County Emergency Services District No. 3 to coordinate dispatching and response to emergencies requiring a response from the Parties' respective fire departments for mutually beneficial joint operations -- John Sullivan, Fire Chief E. Consideration and possible action to approve the Interlocal Agreement for Automatic Aid assistance between the City of Georgetown, Texas and the Williamson County Emergency Services District No. 5 to coordinate dispatching and response to emergencies requiring a response from the Parties' respective fire departments for mutually beneficial joint operations — John Sullivan, Fire Chief F. Consideration and possible action to approve the Amended and Restated Interlocal Agreement between Williamson County Emergency Services District No. 8 and the City of Georgetown, Texas regarding construction and operation of Fire Station No. 6 — John Sullivan, Fire Chief G. Consideration and possible action to approve an assignment of the Contract for Professional Services from the Emergency Services District (ESD) No. 8 to the City of Georgetown for Architectural and Engineering Design Services for Fire Station No. 6 — Eric Johnson, CIP Manager H. Consideration and possible action to approve a license to allow the encroachment of an awning into the right of way at 706 S. Austin Ave. — Travis Baird, Real Estate Services Manager I. Forwarded from the Parks and Recreation Advisory Board: Consideration and possible action to approve a Master Services Agreement for landscape architectural professional services with Covey Landscape Architect, Inc. of Georgetown, Texas — Eric Nuner, Assistant Parks and Recreation Director J. Forwarded from Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a contract to MA Smith Contracting Co, Inc. of Austin, Texas for the 10th and 11th at Austin Ave Sidewalk Improvements project in the amount of $745,195.00 — Wesley Wright, P.E., Systems Engineering Director, and Michael Hallmark, CIP Manager K. Forwarded from Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to award a contract to Patin Construction, LLC of Taylor, Texas for the construction of the Austin Ave Sidewalk project in the amount of $492,300.00 — Wesley Wright, P.E., Systems Engineering Director, and Michael Hallmark, CIP Manager Motion by Jonrowe, second by Fought, to approve the Statutory Consent Agenda in its entirety. Approved: 5-0 (Nicholson and Hesser absent) Legislative Regular Agenda L. Public Hearing and First Reading of an Ordinance rezoning approximately 164 acres in the JP Pulsifer and C. Stubbfield Survey, located at the northwest corner of 1-35 and W University Ave (SH -29), from Agriculture (AG), General Commercial (C-3), Local Commercial (C-1), and Single Family Residential (RS) to Planned Unit Development (PUD) District — Sofia Nelson, Planning Director (action required) Planning Director, Sofia Nelson, spoke on an ordinance to rezone property located at the northwest corner of 135 and SH29, known as Wolf Lakes Village to be designated a PUD District. Nelson reviewed the location map, zoning map, future land use map, and aerial photo of the PUD. Nelson then reviewed the Wolf Lakes PUD Development Plan Exhibit C.3. Nelson presented the Residential use limitations: Tab a 3-2 Res dential Use Lim Cations 5inoe--t-ft:tPevdentW Building r unjW Vlult}-Unrt zZEsidendat 300 70.0 5001 1840 2500 Sullding (units) Total number of uovts 340 500 S0C 1340 2500 [tote: Aggaegate Isumbers purposely axCQed thea total .n the lar colu7nn to al tow for nexribiliN l*tween hou" types and [dation Single -unit PesAdent4 8ulloing �I unit) Multi -Unit Pesrclential ,i 120 14�? Sud0r,ri %:2-6 jMts) ` must: -Unit PEsr[lennal Bvrlorng i 7+ snits) I' Total nurnber of unl:15 fMfn:rrum'f ` Nelson then presented the Building Materials Requirements: Table 4.1 BulldIng Materlals �_.jcS 11.x-=_'ri,_.1 `= IrP��_�-'---_IF;i�, 'ii �1:k-r�F'_... it _i•3�_ II=�.z�'cii_ irr=�•_..�— —--.,:_:. � _",Ifs_;=tLli�� —— �'_C�: ll=_�—�r�'�•1 _ _�r�., l I Jilli;l`i=.i P•'dL" ;;lig _��_ Fit��'i - r�1,--, C Nelson provided the Council with maps of the Wolf Lakes Street Network, the Open Space, Parks and Trails, and the River Hills Transition Zone. She then provided an update from the applicant and the applicant has agreed to provide a 30 -foot buffer zone to retain natural vegetation at the request of the adjacent neighborhood. Nelson said that staff has reviewed the zoning changes and agrees that it is consistent with the 2030 Comp Plan and nearby uses. She then stated that staff has reviewed the PUD criteria and agrees that it is consistent with required criteria. Nelson said that the Planning and Zoning Commission (P&Z) held a public hearing and recommended approval at its November 6, 2018 meeting. She also informed Council that the developer held a public meeting involving staff with the adjacent neighborhood and has made plans to address any concerns raised at that meeting. Nelson read the caption. Mayor Ross opened the Public Hearing at 6:25 PM. No persons signed up to speak on Item L During Public Hearing the applicant showed a short video about the project. Iva Wolf McLaughlin, who serves at the President, Manager, and General Council for the Wolf Lakes LP, spoke on the project and land including her family's heritage of the land, the timing of the land, and the extraordinary nature of the land. Mayor Ross closed the Public Hearing at 6:34 PM. Motion by Fought, second by Pitts, to approve Item L. Fought did have a question of clarification, and asked Wolf McLaughlin what is preferred, Wolf Lakes or Wolf Lakes Village. Wolf McLaughlin stated that she would prefer the use of Wolf Lakes Village. Fought said he would use that term. Wolf McLaughlin explained that the name has evolved and Wolf Lakes Village now best describes the project. Approved: 5-0 (Nicholson and Hesser absent) M. Public Hearing to consider the designation of the Tax Increment Financing Reinvestment Zone (TIRZ) Number Five (Wolf Lakes) under Chapter 311 of the Texas Tax Code for approximately 164 acres of land in the City Limits, generally situated on the northwest corner of IH35 and its intersection with SHW29 and the adoption of a Preliminary Project Plan and Financing Plan for the proposed TIRZ -- Laurie Brewer, Assistant City Manager Assistant City Manager, Laurie Brewer, spoke on a Tax Increment Financing Reinvestment Zone (TIRZ) designation for property to be known as Wolf Lakes. Brewer presented an abbreviated version of the presentation made at Workshop. This presentation covered both Items M and N. Brewer presented the purpose of a TIRZ as to provide economic and qualitative benefits by facilitating a program of public improvements. She then stated that for this project that includes providing for the development of a mixed-use with business/corporate offices, retail, entertainment, and enhanced quality of life features for residents. Brewer described the location of the project as the northwest corner of the IH -35 and University Avenue (SH -29). She then reiterated the pedestrian -oriented nature that was described at length in the workshop. Brewer reviewed the project vision emphasizing the Class A office space, gathering spaces, traditional retail and office uses. She then explained that the scale of the development, as well as the vision for the planned unit development requires a significant investment that does not meet current market returns for developers. Brewer said that the cost of supporting public infrastructure has created a situation where the property would not develop to this high degree without tax increment financing or other incentives. She then stated that the structure of the tax increment is through a reimbursement basis, therefore placing the risk of the financing development costs and the risk of valuation fluctuations on the developers. Brewer described Tax Increment Financing (TIF) as a tool local governments may use to finance public improvements within defined areas that have unique challenges or opportunities for economic development. She stated that this is authorized by Section 312 of the Government Code. Brewer explained that a city may make an area eligible for tax increment financing by designating a reinvestment zone (TIRZ) and taxes on the appraised value of the zone in the year the zone was designated, the "base" year, continue flowing to the general funds of taxing units, but, for participating government units, all or part of the increased tax revenue due to greater real property values in TIF zone flows to a tax increment financing fund ("TIF or TIRZ") for a specified maximum term of years. Brewer showed a graphic that illustrated the additional assessed valuation versus traditional development for Wolf Lakes: of Base IIF contributions begin and end TIF fund year Time dissolves Brewer stated that staff feels this is a good use of TIF due to the strong corporate use opportunities, the retail will support office and residential, the mixed use provides additional sustainability that corporate user are looking for, the PUD provides a higher level of development standards, and the additional tax base that is generated due to design and density rather than through standard development. She then stated that the developer estimates $1.7 billion versus $460 million traditional value over time and the TIF provides framework for performance based reimbursement. Brewer reviewed the incentive framework and how the developer reimbursed for actual costs for public infrastructure and interest/carrying costs. She then stated the actual project costs include onsite infrastructure of $45.6 million, five (5) parking structures at $35 million, electric, natural gas, and fiber optic utilities, and offsite projects for water, wastewater and road improvements. Brewer said that a traffic impact analysis was done and there would be a $3 million reimbursement for the improvements needed. She then said that this project is reimbursement based and payment would not be made until revenue was generated. Brewer then informed Council that no debt will be issued for reimbursement and no reimbursement will be made until 150,000 square feet of commercial is permitted. Brewer reviewed the TIF Reimbursements- Brewer said that these numbers are preliminary and the Council will appoint a Board of Directors and the board will review a final plan. She then said that the TIRZ board membership will include the Mayor, Councilmember District 2, City Manager, City Planning Director, a member of the Georgetown Economic Development Corporation (GEDCO) per Council discussion earlier at Workshop, and two (2) representatives to be named by Williamson County. Brewer read the caption. Mayor Ross opened the Public Hearing at 6:47 PM. No persons signed up to speak on Item M. Mayor Ross closed the Public Hearing at 6:47 PM. This Item was a Public Hearing only and did not require Council action. N. First Reading of an Ordinance establishing the Wolf Lakes Tax Increment Reinvestment Zone (TIRZ) -- Laurie Brewer, Assistant City Manager This item was presented with Item M. For more details please see Item M Assistant City Manager, Laurie Brewer, spoke on an ordinance to allow a Tax Increment Financing Reinvestment Zone (TIRZ) designation for property to be known as Wolf Lakes. Brewer provided some points of clarification. She stated that the final language would include the $130 million cap, the eight (8) year time frame for commercial development, and that the language provided at the meeting is what was finalized by the City Attorney. Brewer read the caption. Motion by Eby, second by Pitts, to approve Item N Jonrowe asked about infrastructure items that would be considered public and what would qualify for TIRZ funds. Jonrowe asked if the trails would be public trails and would qualify for TIRZ funds. Brewer responded that yes the trails would be eligible for TIRZ funds. Jonrowe asked if the trails would be public hike and bike trails. Jordan Maddox with Halff Associates said that the trails would meet qualifications for hike and bike trails. Jonrowe asked if there were bike lanes currently on Wolf Ranch Parkway and asked if or when the bikes would be added. Morgan stated he did not know the answer at this time. Jonrowe asked that this be considered for future improvements to provide proper functionality and access of the trails and to warrant the use of TIRZ funds. Jonrowe then asked about a building she saw in the video that looked like a church and asked if that was a public or private building and if funds would be asked for that structure. Wolf McLaughlin stated that the building being referenced was a wedding chapel and would be a developer expense. Pitts stated that there trails on the other side that the Wolf Ranch Residential development is building with the potential to connect to the Wolf Lakes development. Morgan stated that intent of the development is to allow connections internally as well as externally. Brewer stated that staff will provide that information for the December 11, 2018 Council meeting. Pitts then asked if staff would make the Council recommended change regarding a GEDCO board member being on the Board of Directors. Brewer responded that staff will bring back the recommendation to specify that the GEDCO representative for the board be a regular member instead of specifying that it be the Chair. Approved: 5-0 (Nicholson and Hesser absent) O. First Reading of an ordinance to vacate and abandon all streets, alleys and rights of way in Rivers Hill Sec. 2 and The Amended River Hills Sec. 3 to Wolf Lakes LP and to authorize the Mayor to execute all documents necessary to complete the abandonment — Travis Baird, Real Estate Services Manager Before discussion on this item began Mayor Ross addressed the audience to inform them that the previous three items (Item L, Item M, Item N) were approved relatively quickly because they had been discussed at length at Workshop earlier. Real Estate Services Manager, Travis Baird, spoke on an ordinance to vacate and abandon streets, alleys and rights of way in Rivers Hill Section 2 and 3 to Wolf Lakes LP. Baird showed maps of the areas to be abandoned and informed Council that these areas were abandoned by P&Z earlier this year. Baird stated that the vacations were sought by the owner who owned all of the lots located within the two subdivisions. He then stated that the properties are to be redeveloped as part of the Wolf Lakes development. Baird read the caption. Motion by Jonrowe, second by Pitts, to approve Item O. Approved: 6-0 (Hesser absent) P. First Reading of an Ordinance for the Voluntary Annexation and designation of Local Commercial (C-1) zoning district for an approximate 6.375 -acre tract of land out of the Lewis P. Dyches Survey, Abstract No. 171, and Country Road (CR) 245, a right-of-way of varying width described to Williamson County, Texas, generally located at Ronald Reagan Boulevard and CR 245, to be known as the Highland Village 2 Non -Residential Tract — Nat Waggoner, AICP, PMP, Long Range Planning Manager (action required) Nat Waggoner, the City's Long Range Planning Manager, spoke on the voluntary annexation for property to be known at Highland Village 2. Waggoner provided the Location Map, Future Land Use Map, Zoning Map and Aerial Map for this area. Waggoner gave a brief description of the Local Commercial (C-1) zoning and how the zoning does primarily serve the adjacent residential areas and is appropriate along major and minor thoroughfares such as Roland Reagan. Waggoner then informed Council that staff finds that this annexation and designation of zoning does comply with the approval criteria. Waggoner read the caption. Motion by Fought, second by Pitts, to approve Item P. Approved: 5-0 (Nicholson and Hesser absent) Q. First Reading of an Ordinance amending the 2018 Annual Budget for year-end obligations that were not known at the time the budget was adopted, appropriating various amounts thereof, and repealing all ordinances or parts of ordinances in conflict therewith — Paul Diaz, Budget Manager (action required) Budget Manager, Paul Diaz, spoke on amendments to the 2018 annual budget. Diaz stated that this item is the legislative follow-up for a Workshop item presented earlier for a budget amendment. He then stated that the amendment has nine (9) funds that will be affected including the electric fund, the Rivery Park TIRZ for debt service handling fees, the abandoned vehicle fund for a towing contract, the refinance debt service, and general fund transfer of savings in the Fire Department and moving them to the Police Department. Diaz read the caption. Motion by Pitts, second by Fought, to approve Item Q. Approved: 5-0 (Nicholson and Hesser absent) R. First Reading of an Ordinance establishing "Assignment Pay" and descriptions for certain positions within the Fire Department pursuant to Chapter 143 of the Texas Local Government Code pertaining to Civil Service — John Sullivan, Fire Chief (action required) Fire Chief, John Sullivan, spoke on assignment pay for positions within the Fire Department. Sullivan stated that this is a follow-up to the Workshop item presented earlier. He then stated that his Ordinance is amending the Fire Department's current assignment descriptions to better reflect the day to day operations. Sullivan read the caption. Motion by Jonrowe, second by Pitts, to approve Item S. Approved: 5-0 (Nicholson and Hesser absent) 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 an ordinance to establish the classifications and number of positions for Fire Fighters and Police Officers in the City. Phillips stated that this item is a follow-up to a Workshop item presented earlier by Fire Chief John Sullivan. He then stated the proposed Ordinance includes an increase in fire staffing by twelve (12) positions. Phillips said that those positions include eight (8) of the fifteen (15) total positions approved in the FY19 budget for Station 7, one (1) training position and three (3) firefighter overstaff positions. He then stated that this Ordinance does not cover the logistics position as it is a non -civil service position. Phillips stated that the cost for these positions will be accounted for in the upcoming budget amendment that will be brought to Council on December 11, 2018. He then stated that staff plans on bringing another update to this Ordinances in the spring as distribution of positions across the different ranks will be made leading up to opening of Station 7. Phillips read the caption Motion by Jonrowe, second by Eby, to approve Item S. Approved: 5-0 (Nicholson and Hesser absent) T. First Reading of an Ordinance zoning for traffic and rate of speed therein, in the City Limits of the City of Georgetown, on DB Wood from SH 29 (University Drive) to Wolf Ranch Parkway adding a 40 MPH zone, on Wolf Ranch Parkway from DB Wood to Southwest Bypass adding a 40 MPH zone, on Southwest Bypass from Wolf Ranch Parkway to Leander Rd adding a 55 MPH zone, 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, and Joshua Canter, E.I.T., Public Works Engineer (action required) Public Works Director, Octavio Garza, spoke on an ordinance to change the rate of speed on DB Wood. Garza provided a third map that was not included in the agenda packet for Council to review: SOUTHWEST BYPASS SPEED ZONE 5$ MPH $15 MPF 55 MPH 11111/2018, 8:33:07 AM 1:16 056 01 Garza read the caption. Motion by Jonrowe, second by Eby, to approve Item T. Approved: 5-0 (Nicholson and Hesser absent) U. Second Reading of an Ordinance for the Voluntary Annexation and designation of Public Facilities (PF) zoning district for an approximate 22.896 -acre tract of land out of the William Addison League Survey, Abstract No. 21, and a portion of County Road 110 (CR 110), a right-of-way of varying width of record described to the Williamson County, Texas, generally along CR 110, north of CR 111, to be known as Georgetown Independent School District (GISD) No. 11 — Nat Waggoner, AICP, PMP, Long Range Planning Manager (action required) , Long Range Planning Manager, Nat Waggoner, spoke on the voluntary annexation of property to be known as Georgetown Independent School District (GISD) No. 11. Waggoner noted that this was a second reading and there had been no changes since the first reading. Waggoner read the caption. Motion by Jonrowe, second by Pitts, to approve Item U. Approved: 5-0 (Nicholson and Hesser absent) V. Second Reading of an Ordinance granting a Special Use Permit (SUP) for General Automotive Repair and Service use in the General Commercial (C-3) zoning district on the property located at 2226 N Austin Ave, bearing the legal description of 0.95 acres out of the Antonio Flores Survey, Abstract No. 235 — Chelsea Irby, Senior Planner (action required) Senior Planner, Chelsea Irby, spoke on an ordinance for a special use permit for general automotive repair. She noted that this was a second reading and there had been no changes since the first reading. Irby addressed concerns that brought up during the first reading on November 13, 2018 by Councilmember Jonrowe on how this type of use was regulated outside of the City's Unified Development Code (UDC). Irby stated she spoke with the City's Chief Building Official and he stated that this particular use will have a separate ventilation system regulated by international fire and building codes. Irby read the caption. Motion by Jonrowe, second by Pitts, to approve Item V Approved: 5-0 (Nicholson and Hesser absent) W. Second Reading of an Ordinance rezoning approximately 67.889 acres out of the William Addison Survey, Abstract No. 21, located at 900 Carlson Cove, from the Agriculture (AG) zoning district to Residential Single -Family (RS) zoning district — Chelsea Irby, Senior Planner (action required) Senior Planner, Chelsea Irby, spoke on an ordinance to rezone property at 900 Carlson Cove. She noted that this was a second reading and there had been no changes since the first reading. Irby stated that the first reading was approved on November 13, 2018. Irby read the caption. Motion by Jonrowe, second by Pitts, to approve Item W. Approved: 5-0 (Nicholson and Hesser absent) Project Updates X. 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, city technology 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 updates to share. Morgan said he did not at this time, but would be happy to answer any questions. Public Wishing to Address Council On a subiect 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, prior to the start of the meeting. You will be called forward to speak when the Council considers that item. Only persons who have delivered the speaker form prior to the meeting being called to order may speak. On a subiect not posted on the agenda: An individual may address the Council at a regular City Council meeting by contacting the City Secretary no later than noon on the Wednesday prior to the Tuesday meeting, with the individual's name and a brief description of the subject to be addressed. Only those persons who have submitted a timely request will be allowed to speak. The City Secretary can be reached at (512) 930-3651. Y. 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. Z. 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 - Honeywell Settlement 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 - City Secretary Sec. 551:086: Certain Public Power Utilities: Competitive Matters Quarterly Electric Update FYI Q4 and FY19 Q1 —Jim Briggs, General Manager of Utilities and Mike Babin, Deputy General Manager of Utilities Adjournment Motion by Fought, second by Pitts, to adjourn the meeting. Mayor Ross adjourned the meeting at 7:11 PM. Approved by the Georgetown City Council on ( 4 1 I -.)- 1 Date Dale Ross, Mayor Attest: obyn ensmore, Assistant City Secretary