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HomeMy WebLinkAboutMIN 02.26.2019 CC-RMinutes of a Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, February 26, 2019 The Georgetown City Council will meet on Tuesday, February 26, 2019 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 8t' 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. 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 - George Porter Day Proclamation - Cardiac Arrest Survivor and Life Saver Certificate Presentation City Council Regional Board Reports Announcements Action from Executive Session Motion by Hesser to approve the settlement agreement related to the Berry Creek MUD as discussed in executive session. 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. B. Consideration and possible action to approve the minutes of the Special, Workshop, and Regular Meetings held on Tuesday, February 12, 2019 -- Robyn Densmore, City Secretary C. Consideration and possible action to appoint Karen Frost as a Deputy City Secretary -- Robyn Densmore, City Secretary D. Forwarded from Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve task order KPA- 19-00 1 -TO with Kasberg, Patrick & Associates, LP of Georgetown, TX ("Engineer") for Professional Services for the design of SE Inner Loop (FM 1460 to Austin Avenue) and Southwestern Boulevard (Raintree to SE Inner Loop) in the amount of $1,362,935.00 -- Wesley Wright, PE, Systems Engineering Director E. Forwarded from Georgetown Transportation Advisory Board (GTAB): Consideration and possible action to approve funding for Atmos Gas relocation work necessary to facilitate the Northwest Blvd. Bridge Extension in the amount of $135,153.02 -- Wesley Wright, P.E., Systems Engineering Director and Michael Hallmark, CIP Manager F. Consideration and possible action approving a Developer Participation Agreement with Pulte Homes of Texas, L.P. for the construction of the Rabbit Hill 16" Waterline in conjunction with the proposed Keyes development -- Wesley Wright, PE, Systems Engineering Director G. Consideration and possible action to approve a Master Services Agreement with Aguirre and Fields, LP, of Austin, TX -- Wesley Wright, PE, Systems Engineering Director H. Consideration and possible action to approve a corrected Resolution clarifying the tern of the contract for self-funded medical program administration services is three years at a total estimated cost of $171,000.00 -- Tadd Phillips, Director of Human Resources I. Consideration and possible action to approve consent to the assignment of the contract for purchase of the building at 113 East 8th St., together with all rights and responsibilities, from City Post, LLC to 5205 Acquisitions, LLC; and to authorize the Mayor to sign a letter communicating the City's consent -- Travis Baird, Real Estate Services Manager Motion by Hesser, second by Gonzalez, to approve the Statutory Consent Agenda in its entirety. Approved 7-0. Legislative Regular Agenda J. Public Hearing and First 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 presented the item stating this action is an annual requirement. There have been no changes to the standards in the last year. She reviewed the contents of the ordinance and stated the Parks and Recreation Advisory Board recommended approval on February 14, 2019. Garrett read the caption. Mayor Ross opened the Public Hearing at 6:24 PM. No person signed up to speak on Item J. Mayor Ross closed the Public Hearing at 6:24 PM. Motion by Jonrowe, second by Nicholson, to approve Item J. Approved 7-0. K. First 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 presented the item, explaining that this is a creation of a new chapter to the Code of Ordinances and that the information is the same as was presented at the October 29, 2018 workshop. She gave a general description of the amendments and additions. With no questions from the Council Garrett read the caption. Motion by Fought, second by Hesser, to approve Item K. Approved 7-0. L. First 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. The plan is to add additional signage to the Tippit Middle School and Pickett Elementary School areas, to bring them into compliance with the Department of Transportation code. Public Works will also be adding signage to Benold Middle School and Frost Elementary. This will include extension of school zones, relocation and addition of area signs. Jonrowe asked for audits of other schools. Garza said he has not included those, only the ones that were brought to his attention and will look into those other areas and include a signage audit as part of the pavement management program. When asked how long that would take, he indicated at least a year. When asked about prioritization, Morgan added that school zones would be prioritized in the audit. Garza read the caption. Motion by Jonrowe, second by Gonzalez, to approve Item L. Approved 7-0. M. Forwarded from Georgetown Economic Development Corporation (GEDCO): Consideration and possible action to approve an economic development performance agreement with Confido III, LLC — Series 201 -- Michaela Dollar, Economic Development Director Dollar presented the items M & N together. The City has been working with the Havin/Hill family to rezone their property along the south side of the airport runway on Lakeway Drive. Confido III, LLC currently has a portion of the property under contract for a future light industrial park, with commercial on the west corner. This property is adjacent to the airport and the City has requested the developer retain an access road through its property to allow for future access to development on airport property from Lakeway Drive. Estimated cost for the collector level road and right turn lane on Lakeway Drive is $1,200,000. Total infrastructure costs to develop the road, turn lane, and bring utilities to all sites on the property is $1,700,000. This investment will develop "shovel ready" sites for economic development projects in Georgetown, which aligns with Strategic Goal 4 from the Economic Development Strategic Plan. The proposed agreements are for a total incentive of $1.2 M, divided between GEDCO and GTEC. Council asked questions. Pitts asked how many jobs the project will create and Dollar responded that is undetermined at this time, because the uses of the property are not defined. Fought reminded the council that the neighbors have pushed back on this item due to the possible industrial uses that would be allowed in the near proximity to their homes. With no more questions, Dollar read the first caption. Motion by Gonzalez, second by Pitts, to approve Item M. Approved 7-0. N. Forwarded from Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible action to approve an economic development performance agreement with Confido III, LLC — Series 201 -- Michaela Dollar, Economic Development Director Dollar read the caption, the presentation was given with Item M. Motion by Gonzalez, second by Pitts, to approve Item N. Approved 7-0. O. Consideration and possible action to approve a Resolution granting the petition for the voluntary annexation of an approximate 0.63 acre tract in the L.P. Dyches Survey, Abstract No. 171, designation of initial zoning of General Commercial (C-3), and directing publication of notice for proposed annexation, for the property generally located at 8400 RR 2338 to be a part of Highland Village — Sofia Nelson, CNU-A, Planning Director Nelson presented the item. She showed the location and aerial maps and explained the process of annexation. This resolution is the first action in the process that is projected to end at the May 141 meeting. With no questions, Nelson read the caption. Motion by Pitts, second by Fought, to approve Item O. Approved 7-0. P. Consideration and possible action to approve a resolution authorizing the Publication of Notice of Intent to Issue City of Georgetown, Texas Combination Tax and Revenue Certificates of Obligation; authorizing the Preparation of offering documents by Specialized Public Finance Inc. and other matters related thereto -- Leigh Wallace, Finance Director Wallace presented the item. This was presented at the February 12' workshop with an update on the debt program. She gave a list of the projects that would be funded by issuing this CO. She clarified that there would not be a project impact to the I & S portion of the tax rate. With no further questions, Wallace read the caption. Motion by Pitts, second by Hesser, to approve Item P. Approved 7-0. Q. Consideration and possible action to approve a Resolution of the City Council of Georgetown Texas Approving the Amended and Restated Consent Agreement between Berry Creek (Georgetown) ASLI IX, LLC and the City of Georgetown Concerning Berry Creek Highlands Municipal Utility District consisting of 314.54 Acres (+/-) in the Burrell Eaves Survey, Abstract No. 216 Located in Williamson County, Texas and generally situated north of Shell Road and Hwy 195 Intersection on the South Side of Hwy 195.; making certain findings; and providing an effective date -- Wayne Reed, Assistant City Manager Reed presented the item, sharing the concept plan the developer obligations and the conditions precedented by this agreement. The Developer/Owner is obligated to provide the Berry Creek Wastewater Interceptor, a master planned elevated water storage facility, temporary wastewater facilities, improvements to Shell Spur Road and intersection improvements at SH 195 and Shell Spur Road, a fire station dedicated with Phase 1, parks, trails and recreation amenities. The Developer must satisfy several conditions precedent in order for the Consent Agreement to become effective as follows: BCI Easements. Convey required easements for the BCI to the City no later than 5:OOPM on July 30, 2018. The City acknowledges the Developer has delivered these easements to the City prior to July 10, 2018; Acquisition of the Land. Acquire all rights, title, and interest in the Land (314.54 acres) no later than 5:00 PM on September 30, 2018 (the "Closing Date"); Acquisition of Off-site Portion of Shell Spur Road. Acquire all rights, title, and interest in the off-site portion of Shell Spur Road (less than 3 acres) no later than 5:00 PM on September 30, 2018 (the "Closing Date"); SH 195 Traffic Improvements Fiscal Sure . Provide to the City a fiscal surety that will ensure it will cover the costs associated with future intersection improvements on SH 195 and Shell Spur Road prior to the Closing Date; Reimbursement of Ci Expenses. Pay the City's consultant and legal fees associated with the processing of the Berry Creek Highlands MUD per invoices sent by the City to the Developer on or before August 1, 2018, on or before August 15, 2018, and any remaining or additional amounts prior to the Consent Agreement becoming effective; Execution of the Parkland Improvements Agreement("PIA" . The Developer must execute the PIA on or before the Closing Date; and Execution of the Consent Agreement. The Developer and the Land Owners must execute the Consent Agreement on or before the Closing Date. If the Developer fails to fully perform the above conditions precedent by the required deadlines, the Consent Agreement will be void and will have no force or effect. Reed read the caption. Motion by Gonzalez, second by Hesser, to approve a Resolution of the City Council of Georgetown Texas Approving the Amended and Restated Consent Agreement between Berry Creek (Georgetown) ASLI IX, LLC and the City of Georgetown Concerning Berry Creek Highlands Municipal Utility District consisting of 314.54 Acres (+/-) in the Burrell Eaves Survey, Abstract No. 216 Located in Williamson County, Texas and generally situated north of Shell Road and Hwy 195 Intersection on the South Side of Hwy 195.; making certain findings; and providing an effective date. Approved 7-0. R. Consideration and possible action to approve a Resolution approving the First Amendment to the Original Consent Agreement between Partner Ranch Partners, L.P., and the City of Georgetown, concerning the Northwest Williamson County Municipal Utility District No. 2 (NWWCMUD #2) consisting of 454 Acres (+/-) generally situated on the north side of the Williams Drive and Ronald Reagan Boulevard intersection -- Wayne Reed, Assistant City Manager Reed presented the item with the revised Concept Land Plan, Cowan Creek wastewater interceptor and the conditions precedent. There were no questions by Council. Reed read the caption. Motion by Hesser, second by Fought, to approve a Resolution approving the First Amendment to the Original Consent Agreement between Partner Ranch Partners, L.P., and the City of Georgetown, concerning the Northwest Williamson County Municipal Utility District No. 2 (NWWCMUD #2) consisting of 454 Acres (+/-) generally situated on the north side of the Williams Drive and Ronald Reagan Boulevard intersection. Approved 7-0. S. Second Reading of an Ordinance to close and abandon a portion of East 6th Street between Pine Street (Taylor Street) and East 7th Street (San Gabriel Street), pursuant to Section 311.007 of the Texas Transportation Code, for the safety and public benefit of the municipality at large, to Williamson County, Texas, and to authorize the Mayor to execute all documents necessary to complete the abandonment -- Jim Kachelmeyer, Real Estate Services Coordinator Kachelmeyer presented the item. He stated there have been no changes since the first reading. With no questions from the Council, Kachelmeyer read the caption. Motion by Jonrowe, second by Eby, to approve closure and abandonment of a portion of East 6th Street between Pine Street (Taylor Street) and East 7th Street. Approved 7-0. T. Second Reading of an Ordinance amending Title 2 of the Code of Ordinances by adding Chapter 2.30 relating to the Police Department -- Amy Janik, Police Captain Janik presented the item. They are in pursuit of becoming a recognized agency through the Texas Police Chief Association, and a requirement of that program is that the Georgetown Code of Ordinances have a specific section relating to the Police Department. This satisfies that requirements. There have been no changes since the first reading. With no questions, Janik read the caption. Jonrowe asked if there was any significant difference between definition in ordinance and daily operations. Janik stated not at all. Motion by Jonrowe, second by Gonzalez, to approve an Ordinance amending Title 2 of the Code of Ordinances by adding Chapter 2.30 relating to the Police Department. Approved 7-0. U. Second Reading of an Ordinance on a request to rezone approximately 10.89 acres in the B.C. Low survey, located at 878 Westinghouse Road, from the Agriculture (AG) zoning district to a Planned Unit Development (PUD), to be known as Toolmen Corp. --Andreina Davila -Quintero, AICP, Current Planning Manager Davila -Quintero presented the item. There were no changes to the ordinance from the first approved reading. Motion by Pitts, second by Hesser, to approve rezoning approximately 10.89 acres in the B.C. Low survey, located at 878 Westinghouse Road, from the Agriculture (AG) zoning district to a Planned Unit Development (PUD), to be known as Toolmen Corp. Approved 7-0. V. Second Reading of an Ordinance on a request to rezone approximately 1.8 acres out of the Snyder Addition, Block 51, and Blocks 6, 7 and 11, Coffee Addition, generally located at 800 17th Street, from the Residential Single -Family (RS) zoning district to the Two -Family (TF) zoning district -- Chelsea Irby, Senior Planner Davila presented the item. There were no changes to the ordinance from the first approved reading. Motion by Jonrowe, second by Eby, to approve rezoning at 80017" Street, from the Residential Single - Family (RS) zoning district to the Two -Family (TF) zoning district. Approved 7-0. W. Second Reading of an Ordinance rezoning approximately 26.6 acres out of the David Wright Survey, Abstract No. 13, located along Lakeway Dr. between Northwest Blvd. and Airport Rd., from Local Commercial (C-1) to Industrial (IN) zoning district-- Sofia Nelson, CNU-A, Planning Director Nelson presented the item. There were no changes to the ordinance from the first approved reading. Motion by Pitts, second by Gonzalez, to approve rezoning approximately 26.6 acres , located along Lakeway Dr. between Northwest Blvd. and Airport Rd., from Local Commercial (C-1) to Industrial (IN) zoning district. Gonzalez pointed out that this was part of the GEDCO and GTEC agreements and that would allow enforcement of any deed restrictions. Approved 7-0. X. Consideration and possible action to appoint members to the City of Georgetown Advisory Boards and Commissions -- Mayor Dale Ross (This item was postponed from the previous meeting, February 12, 2019, to this meeting.) Mayor Ross presented the item. This was delayed at the request of other council members to review the applicants. Comments were given and as a result, Mayor did appreciate the delay of approving the GUS Board appointments in light of the previous discussion that this board's purpose and actions should be reviewed. He believes there should be a workshop to discuss what types of skill sets are needed for this board. Mayor asked for acceptance of his appointments, with the exception of the GUS Board that he would like to hold back. Fought identified his intent to diving this item into 3 motions. The first would be to remove the GUS Board from the motion, delaying action. The second will be to approve the other applicants as presented. Motion by Fought to divide item X into 2 parts. Second by Hesser. Approved 7 — 0. Motion by Fought to delay decision on GUS Board until Council has had time to review the purpose and mission and determine the operations of that board. Second by Hesser. Fought explained his comments on Nov. 26 workshop. He stated GUS is an advisory board, not an oversight board. The current board is not assigned the responsibility of reviewing the operational financial activity nor do they, as presently composed have expertise in energy trading. He would like to review the roles and composition of GUS and believes now is the time to do it, agreeing with Jonrowe's comments. Jonrowe appreciated the effort that Mayor put into recommendations overall and thanked the Councilmembers who approved the delay. She would like to suggest that the current pool of applicants should be reconsidered and possibly reopen the application process. She feels the current GUS Board members can extend their commitments until new appointments are selected. Fought agrees with the delay of the GUS Board. Ross agreed with the delay as well. Fought suggested incorporating the review of this board into the consultant's audit of the review process. Morgan said the RFP is being reviewed and that looking at governance of the process is part of the scope. He said a workshop item will be a good idea. Motion by Jonrowe to amend Fought's motion to take not more than 60 days. Second by Fought. This motion is approved, 7 — 0. Fought's earlier motion, to delay the decision on the GUS Board until Council has had time to review the purpose and mission and determine the operations of that board. Second by Hesser. Approved, 7 —0. Motion by Fought to approve nominations as submitted, minus the GUS Board appointments. Second by Hesser. Jonrowe again thanked everyone for allowing more time. She agreed with most appointments but explained the approach Mayor Garver had which she prefers, to look for life experiences commonalities, how they would be impacted by decisions, historical knowledge vs. fresh eyes. Jonrowe recommended 5 out of 7 women, she stated citizens of San Jose and Grasshopper Ridge were needed across the boards and she did not make recommendations lightly. Motion by Jonrowe to amend Fought's motion, to allow her recommendations. No second was received Council and McNabb discussed the process. McNabb stated the Mayor nominates the board members and the council then approves it, as laid out in the Charter. McNabb says they don't have to approve the full slate, and they can break out the individual boards, as Fought did with his motion, but it takes a majority of council voting the entire slate down then opening up each item. There was an extended discussion about process and Gonzalez called the question. Motion by Jonrowe to amend to pull out ANSAB, CVB, GEDCO, GTEC, HARC and P&Z, with a vote to approve the remaining boards. Second by Eby. Motion failed, 2 — 5. (Nicholson, Hesser, Fought, Pitts, and Gonzalez against.) Mayor explained that the Councilmembers have always been able to get information on the applicants. If interested, they should seek insight earlier in process. Next year, Council will be involved earlier in the process and get their recommendations to Mayor earlier. He stated Jonrowe's comments were well done. Fought's previous motion: Motion by Fought to approve nominations as submitted, minus the GUS Board appointments. Second by Hesser. Approved 5-2 (Jonrowe Eby opposed). Fought's original motion: Motion by Fought to delay decision on GUS Board until Council has had time to review the purpose and mission and determine the operations of that board. Second by Hesser. Approved 5-2. Y. Consideration and possible action to appoint members to the Georgetown Housing Authority -- Mayor Dale Ross (This item was postponed from the previous meeting, February 12, 2019, to this meeting.) Mayor Ross presented the item. Motion by Jonrowe, second by Nicholson, to appoint members to the Georgetown Housing Authority. Approved 7-0. Z. Consideration and possible action to appoint members to the Ethics Commission -- Mayor Dale Ross (This item was partially approved at the previous meeting, February 12, 2019.) Mayor Ross presented the item. Motion by Jonrowe, second by Nicholson, to appoint members to the Ethics Commission. Eby asked why some members are appointed for one year and some are for two years. McNabb explained that is was the reinstallation of the entire board and the terms needed to be staggered so that they did not all leave at the same time. Motion approved, 7-0. AA. Consideration and possible action to appoint Board Chairs to the City of Georgetown Advisory Boards -- Mayor Dale Ross (This item was postponed from the previous meeting, February 12, 2019, to this meeting.) Mayor Ross presented the item. Motion by Pitts, second by Gonzalez, to approve Item AA. Jonrowe stated she was voting against this item due to her recommendation; the Commissioner in Training program is there to educate and provide consistency on the board; the Chair of HARC should be someone with historic and preservation experience, along with knowledge of the UDC; and she does not feel that there is a correlation between P&Z experience and HARC experience. Approved 5-2. (Eby and Jonrowe opposed) AB. Request for a future workshop item to explore regulations for the use of electronic scooters -- Valerie Nicholson, Councilmember District 2 and Kevin Pitts, Councilmember District 5 Nicholson presented. She explained her concern about companies bringing in electric scooters before the city has regulations and standards to control the situation. Pitts concurred. Jonrowe also stated she was glad to see this coming forward and asked that it be considered as other transportation issues are being addressed. Motion by Nicholson to have a workshop item to explore regulations for the use of electronic scooters in Georgetown. Second by Pitts. Approved 7 — 0. Project Updates AB. 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 project updates to share. Morgan said he did not at this time, but would be happy to answer any questions. Public Wishing to Address Council AC. 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 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. Glenn Holzer spoke to the Council and complained about the placement of citizen comments for items not previously posted on a City Council agenda. Georgetown puts this last on the agenda and other cities he surveyed place this type of item toward the beginning of the meeting agenda. 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. AD. 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. 551.086: Certain Public Power Utilities: Competitive Matters - Purchased Power Update -- Jim Briggs, General Manager of Utilities Sec. 551.087: Deliberation Regarding Economic Development Negotiations - Project Deliver 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 onL Date Dale Ross, Mayor Attest: City Secretary