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HomeMy WebLinkAboutMIN 01.08.2019 CC-RNotice of a Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, January S, 2019 The Georgetown City Council will meet on Tuesday, January 8, 2019 at 6:00 PM at the Council Chambers at 101 East 7`h St., Georgetown, Texas. The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary's Office, at least 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. Called to order at 6:00 p.m. 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 Under Mayor's comments a proclamation and flowers were presented to Shelley Nowling, the outgoing City Secretary to honor her for her hard work and dedication. Mayor Ross announced that Item G was pulled to Legislative Regular Agenda for discussion. 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, December 11, 2018 -- Shelley Nowling, City Secretary C. Consideration and possible action to approve the purchase of firefighting equipment and personal protective clothing from CASCO Industries using the Buy Board Contract at a total cost not to exceed $225,000.00 for the FY 2019 -- John Sullivan, Fire Chief D. Consideration and possible action to approve the purchase of uniforms from GALLS INC. using the Buy Board Contract at a total cost not to exceed $150,000.00 for the FY 2019 -- John Sullivan, Fire Chief E. Consideration and possible action to approve the purchase of uniforms from Municipal Emergency Services (MES) using the Buy Board Contract at a total cost not to exceed $100,000.00 for the FY 2019 -- John Sullivan, Fire Chief F. Consideration and possible action to approve the vacation and abandonment of portions of two as -built waterline easements to Middlebrook, Ltd. across an multiple tracts of land out of the Noah Smithwick Survey, Abstract 590; and to authorize the Mayor to execute all necessary documents --Travis Baird, Real Estate Services Coordinator G. Consideration and possible action to approve a Resolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for acquisition of real property to effectuate certain public improvements in connection with the FM 971 Realignment Project -- Travis Baird, Real Estate Services Manager This item was pulled to the Legislative Regular Agenda. H. Consideration and possible action to renew the contract 18 -001 -7 -SC with Elk Ridge Construction, LLC for Water & Wastewater Collection and Distribution Stations in the amount of $63,014.92 per year -- Glenn W. Dishong, Utility Director Consideration and possible action to ratify the Contract between the City of Georgetown and McCreary, Veselka, Bragg and Allen, P.C. for Collection of Delinquent Municipal Court Fines and Fees and first and second renewal of the Contract and approve the third and fourth renewal periods of the Contract -- Cathy Leloux, Court Administrator J. Consideration and possible action to agree to an amended Closing Date for the conveyance of the City Hall Building to a date on or before February 19t', 2019 -- Travis Baird, Real Estate Services Manager Motion by Pitts, second by Nicholson, to approve the Statutory Consent Agenda in its entirety, with the exception of Item G which was moved to the Legislative Agenda. Approved 6-0 (Hesser absent) Legislative Regular Agenda G. Consideration and possible action to approve a Resolution finding public convenience and necessity and authorizing eminent domain proceedings, if necessary, for acquisition of real property to effectuate certain public improvements in connection with the FM 971 Realignment Project -- Travis Baird, Real Estate Services Manager This item was pulled to the Legislative Regular Agenda from the Consent Agenda. I move that the City of Georgetown authorize the use of the power of eminent domain to acquire in fee simple the 0.271 -acre tract of land, being situated in the Nicholas Porter Survey, Abstract Number 497, as described in Agenda Item G, for the public purpose of constructing and improving a public roadway and public utility infrastructure. Approved 6-0. (Hesser absent) K. Public Hearing and possible action on a proposed determination of no feasible or prudent alternative to the use of a portion of public parkland across Westside Park for the Berry Creek Interceptor -- Travis Baird, Real Estate Services Manager (action required) Baird read the caption. Mayor Ross opened the Public Hearing at 6:28 PM. No person signed up to speak on Item K. Mayor Ross closed the Public Hearing at 6:28 PM. I move the Council make a finding of no feasible and prudent alternative to the use of a portion of the public parkland known as Westside Park, owned by the City of Georgetown, for the installation and maintenance of a wastewater interceptor line. Approved 6-0. (Hesser absent) L. Public Hearing and First Reading on an Ordinance amending the Estrella Crossing Planned Unit Development (PUD) for approximately 5.89 acres (Lot 1 Block A of the Resubdivision of Estrella Crossing Commercial Subdivision), located at 4051 Williams Drive to amend the existing PUD for a project to be known as Resubivision of Estrella Crossing Commercial -- Andreina Davila -Quintero, AICP, Current Planning Manager (action required) Davila -Quintero presented the item and stated that the amendment would allow skilled nursing facilities and office space. She then said that this amendment would replace the minimum 15,000 square feet of retail requirement with no minimum requirement. Davila -Quintero presented the Location Map, Future Land Use Map, Zoning Map, and Aerial Map. She then stated that the Estrella Crossing PUD was initially adopted in 2007 and was amended in 2008 to allow a nursing or convalescent home for senior and rehabilitative care of another type of 'single building" senior housing in addition to other commercial uses compatible with a C-1 Zoning District in the eastern 8.02 acres. Davila - Quintero stated that staff reviewed the amendment and agrees that it does comply with all criteria for zoning changes and PUD criteria. She then stated that the Planning and Zoning Commission held a Public Hearing on December 4, 2018 and recommended approval with a 7-0 vote. Davila -Quintero read the caption. Mayor Ross opened the Public Hearing at 6:33 PM. No person signed up to speak on Item L. Mayor Ross closed the Public Hearing at 6:33 PM. Motion by Pitts, second by Fought. Approved 6-0. (Hesser absent) M. Public Hearing and First Reading of an Ordinance rezoning approximately 5.229 acres in the Joseph Fish Survey, generally located at 4809 Williams Drive, from the Agriculture (AG) to the Local Commercial (C- 1) zoning district-- Chelsea Irby, Senior Planner (action required) Irby presented the item. She then presented the Location Map, Future Land Use Map, Zoning Map, and Aerial Map. Irby reviewed what is allowed in the Local Commercial (C-1) zoning and the uses allowed by right. She then stated that staff reviewed the criteria for zoning changes and felt that the use was consistent. Irby stated that the Planning and Zoning Commission held a Public Hearing on December 4, 2018 and recommended approval with a 7-0 vote. Irby read the caption. Mayor Ross opened the Public Hearing at 6:38 PM. No person signed up to speak on Item M. Mayor Ross closed the Public Hearing at 6:38 PM. Gonzalez asked if with this zoning any type of multi -family uses would require a Special Use Permit. Irby responded yes. Motion by Pitts, second by Gonzalez. Approved 6-0. (Hesser absent) N. Public Hearing and First Reading of an Ordinance rezoning approximately 1.478 acres in the Rucker - Hodges Addition, located at 1020 Railroad Avenue, from the Local Commercial (C-1) to the Residential Single -Family (RS) zoning district, to be known as Scenic River -- Chelsea Irby, Senior Planner (action required) Irby presented the item. She then presented the Location Map, Future Land Use Map, Zoning Map, and Aerial Map. She then reviewed the Residential Single Family Zoning and what is allowed in that type of district. Irby then stated that staff reviewed the criteria for zoning changes and felt that the use did comply or partially comply with the different criteria. She then stated that the Planning and Zoning Commission held a Public Hearing on December 4, 2018 and recommended approval with a 7-0 vote. Irby read the caption. Mayor Ross opened the Public Hearing at 6:42 PM. No person signed up to speak on Item N. Mayor Ross closed the Public Hearing at 6:42 PM. Jonrowe asked what type of zonings would be more in compliance. Irby responded that town home or two family, moderate density residential would fit. Jonrowe asked if this option was discussed with the applicant. Irby responded that is was discussed with the applicant as part of the staff report, but they went forward as presented. Jonrowe stated that she is inclined to follow the City's Comprehensive Plan and try to get a more moderate density project in that area. Gonzalez stated that he is inclined to leave the zoning as is and the current zoning is proper. Motion by Pitts, second by Fought. Mayor Ross asked if this was a less dense zoning change or a more dense zoning change. Irby responded that it is a less dense zoning. Approved 4-2. (Gonzalez and Jonrowe opposed, and Hesser absent.) O. Public Hearing and First Reading of an Ordinance rezoning approximately 13.519 acres in the Antonio Flores Survey, Abstract No. 235, and the Nicholas Porter Survey, Abstract No. 497, located at 1010 Airport Road, from the Residential Single -Family (RS) zoning district to the General Commercial (C-3) zoning district, to be known as Fontanta Development -- Andreina Davila -Quintero, AICP, Current Planning Manager (action required) Davila -Quintero presented the item. She then presented the Location Map, Future Land Use Map, Zoning Map, and Aerial Map. She stated that the property is currently vacant. Davila -Quintero reviewed the possible uses that are allowed under the C-3 zoning district. She then stated that staff reviewed the criteria for zoning changes and felt that the use complied. Davila -Quintero stated that the Planning and Zoning Commission held a Public Hearing on December 4, 2018 and recommended approval with a 5-2 vote. Davila -Quintero read the caption. Mayor Ross opened the Public Hearing at 6:50 PM. Paul Hanley spoke to Council as a resident in the adjacent neighborhood. Hanley stated that some uses permitted in new zoning wouldn't be a good fit. He then stated his neighborhood is an active and quiet neighborhood and he worries about safety and traffic as well as excessive lighting at night. No others signed up to speak. Mayor Ross closed the Public Hearing at 6:53 PM. Motion by Gonzalez, second by Pitts. Pitts asked if there was a stub from the adjacent neighborhood that the new development will have to tie into. Davila -Quintero responded no because the frontage is on Airport. Pitts asked if the setback would be 25 feet in the City limits, but only 10 feet in the ETJ. Davila -Quintero confirmed that was correct. Pitts asked about uses being subject to limitations. Davila -Quintero stated that limitation vary depending on use. Pitts then asked how uses with limitation would get approval without the Special Use Permit (SUP) Process. Davila -Quintero stated that staff would review those uses to verify that they fit within criteria, and then they would get approved and wouldn't need any kind of special approval. Pitts asked if the use was outside the limitations, then would they have to come back to get an SUP. Davila -Quintero stated that anything not in the limitations would not be approved. Pitts then asked the developer, David Wolf, if he had any issues with a 25 foot setback, like what is required within the City limits, instead of the 10 foot setback. Wolf responded, that it was not something he had thought about until right then. He then said that being put on the spot he was reluctant to agree to something like that. Wolf continued that he respected the neighbors, but they are not in the City and don't pay taxes. He then said that there are no immediate plan for the property, but can foresee a Wolf Ranch/Wolf Lakes type development. Wolf said that he also owns the property to the south and can see having two individual developments that would weave together and provide continuity. He then said that he feels that C-3 is appropriate usage for this property based on location. Pitts asked that Mr. Wolf consider 25 foot setback. Mayor Ross asked what the current setback is and Davila -Quintero stated it is 10 feet. Ross clarified that you could have a 60 foot building only 10 feet back and next to a residential area. Davila -Quintero confirmed that was correct. Fought asked Wolf if there are no firm plans, then what was rush to get the rezoning. Wolf responded the question wasn't what was the development going to look like, but instead, was he willing to compromise on the setback. Fought then asked if there was a rush, and if the rezoning could take place later. Gonzales stated that it was a matter of marketing for an owner was trying to sell the property. Fought asked if the owner was rezoning to sell. Wolf said yes. Fought stated that he thought the owner was developing. Wolf said that both options are currently on the table. Mayor stated that C-3 zoning makes sense on the East side of the property, but not on the West side abutting neighborhoods. Davila -Quintero clarified that conditions cannot be imposed by Council due to the type of rezoning. Mayor then asked if Council approves this C-3 zoning would the developer have to come back to Council to develop the project. Davila -Quintero clarified that no, they would only be subject to the standard planning and development process that would only be reviewed at a staff level. Mayor Ross asked if that would be the appropriate time to discuss setbacks. Gonzalez stated that if approved it would be up to the developer to be a good neighbor. Eby asked if the 5-2 P&Z vote was due to the proximity of the site to the neighborhood. Davila -Quintero stated that yes that was the reason for the vote. Jonrowe asked if the Comp Plan indicates any type transition between these areas. Davila -Quintero responded that this area is intended for high density uses. Jonrowe stated that she would prefer a PUD type setting for this area because it would allow more discussion on the details of the project. Gonzalez stated it should be considered what the land use is and that this property is not ideal for residential because of the 1-35 frontage. He then asked if you should prohibit C-3 for this property because residential got here first. Motion failed 4-2. (Gonzalez and Pitts in favor, Eby, Nicholson, Fought and Jonrowe opposed, and Hesser absent.) P. Public Hearing and First Reading of an Ordinance rezoning approximately 0.30 acres out of Block No. 1 of the Snyder Addition, located at 1205 South Walnut Street and 703 East 13th Street, from the Office (OF) to Residential Single -Family (RS) zoning district -- Nathaniel Waggoner, AICP, Long Range Planning Manager (action required) Waggoner presented the item. He then presented the Location Map, Future Land Use Map, Zoning Map, and Aerial Map. He then gave background on the history of the area and the changing zonings in the 1960s, 1980s, and 2003. Waggoner stated that with the changing zonings this area has had Residential Single -Family since the 1960s. He then stated that staff reviewed the criteria for zoning changes and felt that the use complied or partially complied with the requirements. Waggoner stated that the Planning and Zoning Commission held a Public Hearing on December 4, 2018 and recommended approval with a 7-0 vote. He stated that the public was notified and one letter of support was submitted. Waggoner read the caption. Mayor Ross opened the Public Hearing at 7:11 PM. Kent Steenken spoke to Council and said that he grew up in neighborhood and neighbors and in favor of what he's trying to do. He said that he has several prospective buyers who want to build residential. No others signed up to speak. Mayor Ross closed the Public Hearing at 7:12 PM. Jonrowe asked if the lots are combined. Waggoner responded that they are not, they are just being rezoned at same time. Jonrowe asked if there would only be one home on each lot. Waggoner responded yes due to the size of the lot and the zoning. Jonrowe asked how there were two different staff opinions on similar submittals. Waggoner responded that is was due to different roads and traffic volume. Jonrowe said that she appreciates the level of detail provided by staff and that she would prefer this type of use over office and will support the rezoning. Gonzalez stated that these properties are currently surrounded by office space and he is worried about future issues with changing of the zoning. He then said that he thinks the zoning is proper as is to keep things consistent and he will not support this rezoning. Eby stated that the previous zoning was an accident of history. She then stated that she is happy to support this rezoning. Motion by Eby, second by Jonrowe. Approved 5-1. (Gonzalez, and Hesser absent.) Q. Consideration and possible action to approve a Resolution accepting a petition and setting public hearing dates for the Voluntary Annexation of approximately 23.1 acres, which includes adjacent right-of-way, situated in the Joseph Pulsifer Survey, Williamson County, Texas, generally located at 34 Skyline Road, to be known as Maravilla -- Nat Waggoner, Long Range Planning Manager (action required) Waggoner presented the Resolution. He then presented the Location Map, Future Land Use Map, Zoning Map, and Aerial Map. Waggoner stated that the goal of this item was to gain acceptance of the petition for the annexation. He then stated that if the petition is approved it would set off a series of event that would include rezoning. Waggoner said P&Z would hold a public hearing and provide recommendation and that there would still be two public hearings and two readings of an ordinance. He then provided a tentative schedule. Waggoner read the caption. Mayor Ross asked if this was the first step in process. Waggoner said that was correct. Motion by Nicholson, second by Fought. Approved 6-0. (Hesser absent.) R. Second Reading of an Ordinance amending Chapter 3, Applications and Permits, Chapter 13, Infrastructure and Public Improvements, and Chapter 16, Definitions, of the Unified Development Code (UDC) regarding Development Agreements and Special Districts (Amendment No. 8) -- Andreina Davila -Quintero, AICP, Current Planning Manager (action required) Davila -Quintero presented the item and informed Council that there had been no changes since first reading and staff had received no additional comments. Davila -Quintero read the caption. Motion by Eby, second by Pitts. Approved 6-0. (Hesser absent.) S. Second Reading of an Ordinance of the City Council of the City of Georgetown, Texas ("City") authorizing Electronic Signatures on Documents used and accepted by the City; and Declaring an Effective Date -- Rosemary Ledesma, Purchasing Manager (action required) Ledesma presented the item and informed Council that there had been no changes since first reading. Ledesma read the caption. Motion by Nicholson, second by Eby. Approved 6-0. (Hesser absent.) T. Second Reading of an Ordinance of the City of Georgetown, TX, amending the FY2019 Annual Budget due to conditions that resulted in new program requirements in the current year, due to the timing of capital projects and other expenditures approved in the prior year; appropriating the various amounts thereof; and repealing all ordinances or parts of ordinances in conflict therewith -- Paul Diaz, Budget Manager (action required) Diaz presented the item and informed the Council that there had been changes since first reading with the exception of adding an additional $5,000 of appropriation for the sponsorship event. Diaz read the caption. Motion by Eby, second by Nicholson. Approved 6-0. (Hesser absent.) 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, city technology projects and downtown projects including parking enhancements, city lease agreements, sanitation services, and possible direction to city staff -- David Morgan, City Manager Morgan provided an update on New City Hall and New Council Chambers. He then said that the rain over recent moths helped to delay the progress. Morgan informed Council that the New Council Chambers will not be ready for first meeting in February and the goal is to have it ready for the second Council meeting in March on the 26th. He said that staff did not expect this delay to hinder the sale of the buildings. Morgan said that staff will work on logistics of moving the Accounting department until they can move in. 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, 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 subject not posted on the a enda: 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. 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 Sec. 551.072: Deliberations about Real Property - Northwest Blvd/FM 971 - Parcel 2 -- Travis Baird 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. 551.086: Certain Public Power Utilities: Competitive Matters - Purchase Power Update -- Jim Briggs, General Manager of Utilities - TrailStone Group Adjournment Motion to adjourn by Fought, second by Nicholson. Mayor Ross adjourned the meeting at 7:10 PM. Approved by the Georgetown City Council on—) Q,1 C�-f I Date Cz Dale Ross, Mayor Attest: City Secretary