HomeMy WebLinkAboutMIN 03.12.2019 CC-RMinutes of a Meeting of the
Governing Body of the
City of Georgetown, Texas
Tuesday, March 12, 2019
The Georgetown City Council will meet on Tuesday, March 12, 2019 at 6:00 PM at the Council Chambers at 101 East 71" 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 808 Martin Luther King Jr Street for additional information; TTY users
route through Relay Texas at 711.
Mayor Dale Ross called the meeting to order at 6:00 PM. All Councilmembers were in attendance: Mayor Dale Ross, Anna Eby,
Councilmember District 1, Valerie Nicholson, District 2, John Hesser, District 3, Steve Fought, Councilmember District 4, Kevin
Pitts, Councilmember District 5, Rachael Jonrowe, Councilmember District 6 and Tommy Gonzalez, Councilmember District 7.
Staff in attendance: Laurie Brewer, Acting City Manager; Charlie McNabb, City Attorney; Jim Briggs, General Manager of
Utilities; Wayne Reed, Assistant City Manager; Mike Babin, Deputy General Manager of Utilities; Seth Gipson, Management
Analyst; Sofia Nelson, Planning Director; Chris Foster, Resource Mgt. Manager; Octavio Garza, Public Works Director; Travis
Baird, Real Estate Services Manager; Jim Kachelmeyer, Real Estate Services Coordinator; Andreina Davila -Quintero, Current
Planning Manager; and Karen Frost, Deputy City Secretary.
A. THIS AGENDA WAS REVISED FROM ITS ORIGINAL POSTING. ITEMS WERE MOVED AND
ATTACHMENTS ADDED.
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.)
B. Call to Order
Invocation was given by Nancy Krenek, from Ride on Center for Kids
Pledges of Allegiance were led by Tommy Gonzalez
Comments from the Mayor
- American Legion Centennial Day Proclamation was presented
City Council Regional Board Reports — none at this time
Announcements — none at this time
Action from Executive Session:
Hesser moves to approve a 3% merit increase in Charlie McNabb's annual salary as City Attorney effective
May 6, 2019. Second by Nicholson. Approved 7 — 0.
Motion by Hesser to authorize the acquisition of a right-of-way from Airborne Incorporated on the terms
discussed in Executive Session, across Parcel 6 of the Northwest Boulevard bridge project and to authorize the
Mayor to execute all the necessary documents. Second by Nicholson. 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.
C. Consideration and possible action to approve the minutes of the Workshop, and Regular Meetings held on Tuesday,
February 26, 2019 — Karen Frost, Deputy City Secretary
Fought had corrections to item X paragraph 6. Motion to approve the minutes with that correction. Second by Hesser.
Approved 7 — 0.
D. Forwarded from Georgetown Transportation Advisory Board (GTAB):
Consideration and possible action to approve Task Order KPA-19-003-TO with Kasberg, Patrick, and Associates of
Georgetown, TX in the amount of $456,500.00 for professional services related to 2019 Street Maintenance -- Wesley
Wright, PE, Systems Engineering Director
Fought asked for this item to be pulled to legislative regular agenda.
Motion by Fought to approve the Task Order KPA-19-003-TO with Kasberg, Patrick, and Associates of
Georgetown, TX in the amount of $456,500.00 for professional services related to 2019 Street Maintenance.
Second by Jonrowe.
Motion by Fought to amend the task order to add Sun City Boulevard to the Cutler paving contract in 2019.
Second by Hesser. Fought explains that this cost can be absorbed in the budget without offsetting anything. Jonrowe
questions this. Wright explained that there are funds in the Street Maintenance Fund without removing from any other
project, but that the repaving of Sun City Boulevard is not funded for several years.
Council discussed these improvements and possible costs. Wright explained that chip seal replacement would cost
approximately $400K. The fog seal (by Cutler) of Sun City Boulevard would cost approximately $1.2 million. Wright
explained the discussion further of reallocating these funds. Fought says Sun City Boulevard is one of the original roads
that received chip seal and the noise issue is a problem. Gonzalez says this could be also replaced in Summercrest. There
were concerns that this street would not be the only one that should
The second and amendment were pulled by Hesser and Fought to allow more time to study the streets for other possible
improvements.
Vote of original motion. Approved 7 — 0.
E. Forwarded from Georgetown Utility Systems Advisory Board (GUS):
Consideration and possible action on an Interlocal Agreement with Williamson County for waterline improvements
related to the Seward Junction (CR 259 and CR 266) roadway project -- Wesley Wright, PE, Systems Engineering
Director
F. Forwarded from Georgetown Utility Systems Advisory Board (GUS):
Consideration and possible action on the First Amendment to Task Order WPL-18-001 to Walker Partners of Austin,
Texas in the amount of $556,068.00 for professional engineering services related to the Berry Creek Interceptor -- Wesley
Wright, PE, Systems Engineering Director
G. Consideration and possible action to approve a Resolution authorizing City Manager or his designee to approve and sign
agreements regarding installation, placement, and removal of transit advertising on City buses -- Jack Daly, Assistant to
the City Manager
H. Consideration and possible action to approve a Master Services Agreement with Iteris, Inc. for traffic engineering
consultation -- Octavio Garza, P.E. - Public Works Director
Jonrowe asked if the attachments were correct. Garza explained that this is a Master Services Agreement, not a contract.
The term of this agreement is for five years.
Motion by Jonrowe, second by Gonzalez, to approve a Master Services Agreement with Iteris, Inc. for traffic
engineering consultation. Approved 7 — 0.
I. Consideration and possible action to approve an Interlocal Agreement with the Lower Colorado River Authority (LCRA)
for technical services concerning Electric Transmission, Control and Substation Facilities. -- Glenn W. Dishong, Utility
Director
J. Consideration and possible action to authorize the City of Georgetown to participate in an Interlocal Agreement with
City of Sugar Land for the purpose of purchasing goods and services under the cooperative purchasing agreement --
Rosemary Ledesma, Purchasing Manager
K. Consideration and possible action to grant a License to Encroach for an awning over City Property east of, and adjacent
to, 815 S. Main Street; and to authorize the Director of Planning to execute said License. -- Travis Baird, Real Estate
Services Manager
L. Consideration and possible action to grant a License to Encroach for an awning over right of way of South Main Street
adjacent to, 815 S. Main Street; and to authorize the Director of Planning to execute said License -- Travis Baird, Real
Estate Services Manager
M. Consideration and possible action to accept a transfer of .05 acreage related to the SW Bypass project from Texas Crushed
Stone -- Charlie McNabb, City Attorney
Motion by Fought, second by Hesser to approve Consent Agenda items, with the exception of Items C, D, and H. Item
I is pulled by staff. Approved 7 — 0.
Action on Items C, D and H are shown under each item.
Legislative Regular Agenda
N. Public Hearing and First Reading of an Ordinance granting a Special Use Permit (SUP) for a fuel sales with more
than ten multi -fuel dispensers specific use in the General Commercial (C-3) zoning district on the property located at
1006 Leander Road, bearing the legal description of Lot 2 (2.21 acres) and Lot 3 (0.17 acres), Block 1, Leander Road
LLC, and 0.97 acres out of the Clement Stubblefield Survey, Abstract No. 558 (2019 -1 -SUP) -- Andreina Davila -
Quintero, AICP, Current Planning Manager
Davila presented the staff report. This is for a fuel stop and car wash in this area. She showed the aerial map, the future
land use map and the zoning map. This SUP is required because there is a single family residential development to the
north of this property, even though it is surrounded by major highway, and C-3 uses to the west, south and east. And
they are requesting more than ten fuel dispensers (12 proposed), and have special standards that are required for this type
of development. Council may impose other special conditions. Davila reported this SUP complies with the approval
criteria of the UDC, not negatively affecting impact the adjacent uses, and conceptual site plan is in character with area
properties. P&Z recommends approval with conditions that no more than 12 fuel dispensers are allowed, that interior
signage shows direction to IH 35, and that there will not be any left turns allowed onto Leander Road from this property.
Davila read the caption. The Public Hearing was opened by the Mayor and closed with no speakers coming forth.
Motion by Pitts to approve an Ordinance granting a Special Use Permit (SUP) for a fuel sales with more than ten
multi -fuel dispensers specific use in the General Commercial (C-3) zoning district on the property located at 1006
Leander Road with conditions as brought forth by the Planning and Zoning Commission. Second by Gonzalez.
Nicholson asked about notification to adjacent property owners. Davila explained that property owners within the 200
feet surrounding area were notified, not including renters. Nicholson was concerned about the adjacent apartment
dwellers.
Motion by Jonrowe to amend the SUP to require the west side of the property to have the same type and standards
of the buffers as required to the residential adjacent properties. Second by Nicholson. Approved 7 — 0.
Original motion approved 7-0.
O. Public Hearing and First Reading of an Ordinance on a request to rezone 1.344 acres in the William Addison Survey,
Abstract No. 21, also being the remainder of Lot 3, Block A in the Horizon Commercial Park subdivision, from
Industrial (IN) to the General Commercial (C-3), for the property generally located at 700 High Tech Drive --
Andreina Davila -Quintero, AICP, Current Planning Manager
Davila presented the staff report. Staff reviewed the request and found that it complies with 4 of 5 criteria, and applies
with a portion of the 5th criteria. This development is partially consistent with the comprehensive plan with the
neighborhood commercial, but C-3 is more compatible than the industrial zoning district which was based on the location
near major highways.
Davila read the caption. The Public Hearing was opened by the Mayor and closed with no speakers coming forth.
Jonrowe asked about the traffic flow in that area and access across FM 1460. Wesley Wright stated they need to take
their access from High Tech Drive. This access driveway would be forced to the east as far as possible, sharing a drive
with the adjacent property owner, keeping a distance from the FM 1460 intersection, and providing a safer left turn farther
away from the intersection.
Motion by Pitts to approve an Ordinance on a request to rezone 1.344 acres in the William Addison Survey,
Abstract No. 21, also being the remainder of Lot 3, Block A in the Horizon Commercial Park subdivision, from
Industrial (IN) to the General Commercial (C-3), for the property generally located at 700 High Tech Drive.
Second by Nicholson.
Jonrowe is concerned about the number of gas stations in this area and wants to research the ability to restrict certain uses
when those uses are too concentrated in one area.
Vote on motion is approved 6 — 1. (Jonrowe opposed.)
P. First Reading of an Ordinance providing for the extension of certain boundary limits of the City of Georgetown,
Texas, and the annexation of certain territory for an approximate 262.011 -acre tract of land situated in the William
Roberts League Survey, Abstract No. 524, and a portion of Shell Road, a right-of-way of varying width of record
described to the Williamson County, Texas, for the property generally located along Shell Road, approximately 1,800
feet south of Shell Spur, and 6,200 feet north of Williams Drive to be known as the Shell Road development -- Sofia
Nelson, CNU-A, Planning Director
Nelson presents the staff report. This annexation has had two previous public hearings and staff recommends approval.
Nelson read the caption.
Motion by Nicholson, second by Hesser to approve an Ordinance providing for the extension of certain
boundary limits of the City of Georgetown, Texas, and the annexation of certain territory for an approximate
262.011 -acre tract, for the property generally located along Shell Road, to be known as the Shell Road
development. Approved 7 — 0.
Q. First Reading of an Ordinance for the Voluntary Annexation and designation of Residential Estate (RE) zoning district
for an approximate 23.10 acre tract of land out of the Joseph Pulsifer Survey, —Abstract No. 498, generally located at 34
Skyline Road, to be known as Maravilla Subdivision --Sofia Nelson, Planning Director
Nelson presents the staff report. This annexation has had two previous public hearings and staff recommends approval.
Nelson read the caption.
Motion by Nicholson, second by Pitts, to approve an Ordinance for the Voluntary Annexation and designation
of Residential Estate (RE) zoning district for an approximate 23.12 acre tract of land generally located at 34
Skyline Road, to be known as Maravilla Subdivision. Approved 7 — 0.
R. Consideration and possible action to accept the Bloomberg Philanthropies Mayor's Challenge Grant in the amount of
$1,000,000.00 -- Jack Daly, Assistant to the City Manager, Chris Foster, Resource Management and Integration Manager,
and Mike Babin, Deputy General Manager of Utilities
Daly presented the report. He reviewed the mission and schedule that is being proposed. Staff is working on a detailed
budget plan and proposes to hire a project manager. The project manager would be funded by the city in year three. He
reviewed the costs and benefits of the program.
Pitts asked about paragraph 4 of the agreement, and read it. He asked about the requirement to add this to the budget and
expressed concern. Daly responded that in year two the city will have to decide whether it makes sense to accept the
money. Daly explains that the city would only be obligated to purchase a certain number of batteries and solar panels.
Pitts explains that he is not comfortable with this portion of the contract which does not completely express how much
the city is obligated for. Gonzalez is concerned about who defines sustainability. Jonrowe clarifies that the city would
receive approximately $300K per year for the first two years, then the program is reviewed and if the city wants to
continue, then the city would be required to hire a project manager to receive the final payment. Mayor clarifies there is
not a risk for the first two years, and then the council decides to go forward or not. Pitts is still concerned about the
expenditure of public funds and what the parameters of default of this contract are. Hesser wants to see a financial
statement with schedule, a pro forma. He also wants a business plan. He will not vote for this without more information.
Council explains their concerns that more money will be needed beyond the money that is being given each year. Fought
wants to ask for clarification. Gonzalez asks for cost of project manager. Daly responds approximately $100K per year.
They questioned the ongoing cost of overhead that is not funded by the revenue stream. Daly explains that there are so
few assets to be managed that the project manager can be reallocated to other projects and the city is not obligated to
keep that person or these costs. Pitts want more clear language in the contract.
Daly suggested postponing this item to gather more information.
Motion by Jonrowe, second by Fought, to postpone this item to the next meeting, March 26, when Daly will bring
back clarifying language. Approved 7 — 0.
S. Consideration and possible action on a Settlement Agreement among the City, 3B&J Wastewater Company, Inc., 3B&J
Municipal Utility District, Northwest Williamson County Municipal Utility District No. 1, Northwest Williamson County
Municipal Utility District No. 2,Austin-Ronald Reagan Blvd, LLC, Rocking Wilco, LP, and Pan-ner Ranch Partners, LP
regarding the application submitted by 3 B&J Wastewater Company Inc. to the Texas Commission on Environmental
Quality for Texas Pollutant Discharge Elimination System Permit No. WQ0014911002 ["In the Matter ofthe Application
of 3 B&J Wastewater Company, Inc. for a New Texas Pollutant Discharge Elimination System Permit No.
WQ0014911002," SOAH DOCKETNO. 582-16-1893 and TCEQ DOCKET NO. 2015 -0565 -MWD] -- Wesley Wright,
PE, Systems Engineering Director
Wright presented the background on this case. There is a Development group, with wastewater treatment for over 3,000
homes. 3B&J is the group outside our regulatory boundary. They will remove their permit and agree to use all city
utilities, installing the wastewater lines and infrastructure to service this development. They would pay all city impact
fees and the city will provide retail water and wastewater service. These three items are related to the same property and
are for different portions of the agreement. Wright read the caption.
Motion by Fought to approve Item S, second by Jonrowe. Wright explains the exhibit is being revised to show
the dis-annexed portion but that should not affect the agreement. Motion approved 7 — 0.
T. Consideration and possible action on a Wastewater Utility Construction and Retail Wastewater Service Agreement
with Austin -Ronald Reagan Blvd, LLC, 3B&J Municipal Utility District, and 3B&J Wastewater Company, Inc. -- Wesley
Wright, PE, Systems Engineering Director
Wright explained this is a continuation.
Motion by Jonrowe to approve a Wastewater Utility Construction and Retail Wastewater Service Agreement with
Austin -Ronald Reagan Blvd, LLC, 3B&J Municipal Utility District, and 3B&J Wastewater Company, Inc.
Second by Pitts. Approved 7 — 0. Jonrowe appreciated all those who have worked on these agreements.
U. Consideration and possible action on a Wastewater Utility Construction and Retail Wastewater Service Agreement
with Rocking Wilco, LP and Northwest Williamson County Municipal Utility District No. 1 -- Wesley Wright, PE,
Systems Engineering Director
Motion Jonrowe to approve a Wastewater Utility Construction and Retail Wastewater Service Agreement with
Rocking Wilco, LP and Northwest Williamson County Municipal Utility District No. 1. Second by Pitts. Approved 7-
0.
V. Second Reading of an Ordinance adopting Chapter 8.40 of the Code of Ordinances relating to establishing minimum
standards of care for youth recreation programs — Kimberly Garrett, Parks and Recreation Director
Garrett explained this is an annual adoption of the ordinance the Parks and Rec uses for operation of the youth program
and summer camp program. Garrett read the agenda caption.
Motion by Jonrowe, second by Hesser to approve an an Ordinance adopting Chapter 8.40 of the Code of Ordinances
relating to establishing minimum standards of care for youth recreation programs Approved 7-0.
W. Second Reading of an Ordinance amending Chapter 12.40 of the City of Georgetown Code of Ordinances, regarding
City Cemeteries, and adding Chapter 12.41 to the City of Georgetown Code of Ordinances, regarding City
Columbaria -- Kimberly Garrett, Parks and Recreation Director
Garrett stated there were no changes from the first reading. She read the caption.
Motion by Jonrowe, second by Hesser an Ordinance amending Chapter 12.40 of the City of Georgetown Code of
Ordinances, regarding City Cemeteries, and adding Chapter 12.41 to the City of Georgetown Code of Ordinances,
regarding City Columbaria. Approved 7 — 0.
X. 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 school speed zones -- Octavio Garza, Public Works Director
Garza presented the item. This is the second reading and he will bring back an audit of other campuses, as requested, at
a later date. Garza read the caption.
Motion by Jonrowe, second by Pitts, to approve an Ordinance amending Section 10.12.090. Approved 7-0.
Project Updates
V. 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
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 agLILostod 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.
Z.
Diane McIntyre, 117 Axis Loop, Deer Haven concerns regarding proposed car wash on Williams Drive
She appreciates the importance of businesses to a community, but is concerned about the vision of Williams Drive
and feels the proposed use is inappropriate. She says this is not a safe proposal. She gives two versions of how this
area could be developed and the results of those. Please do not allow this use on this property.
James McIntyre, 117 Axis Loop, Deer Haven concerns regarding proposed car wash on Williams Drive
Requests City Council look at this development as part of the whole area and consider the Williams Drive Study and
plan and has concerns about the implementation of the plan. He asks for consideration of future development and
asks that all residents have the opportunity to share input in those developments.
Robert Fernihough, 604 White Tail Cove, possible new car wash at Deer Haven
Engineering advisor for major electronics, concerned about violation of noise ordinances, and conducted an analysis
of the proposed equipment that will exceed the allowed levels and overlook the excess wind and therefore excess
noise as well. He asks for the city to require noise abatement and analysis.
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.
AA. 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
- State of Texas v. Craig Doyal
Sec. 551.072: Deliberations about Real Property
- Northwest Blvd. – Parcel 6, Airborne ROW Acquisitions -- Travis Baird, Real Estate Services Manager
Sec. 551.086: Certain Public Power Utilities: Competitive Matters
- Purchased Power Update -- Jim Briggs, General Manager of Utilities
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 Attorney
Adjournment
Motion by Fought, second by Hesser, to adjourn the meeting. Mayor Ross adjourned the meeting at 7:48 PM.
Approved by the Georgetown City Council on
Dale . Mayor
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Attest: Ca Secretar