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HomeMy WebLinkAboutMIN 04.23.2019 CC-RMinutes of a Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, April 23, 2019 The Georgetown City Council will meet on Tuesday, April 23, 2019 at 6:00 PM at the Council Chambers at 510 West 9'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. 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.) Mayor Ross called the meeting to order at 6:03 PM. All Councilmembers were in attendance. Mayor Dale Ross, Anna Eby, Councilmember District 1, Valerie Nicholson, Councilmember District 2, John Hesser, Councilmember District 3, Steve Fought, Councilmember District 4, Kevin Pitts, Councilmember District 5, Rachael Jonrowe, Councilmember District 6 and Tommy Gonzalez, Councilmember District 7 were in attendance. A. Call to Order Invocation Pledge of Allegiance Comments from the Mayor - Georgetown Running Club Day Proclamation - Animal Care and Control Appreciation Week Proclamation - 2019 Librarian of the Year Proclamation City Council Regional Board Reports Announcements Action from Executive Session No motions out of Executive Session. 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, April 9, 2019 and the Special meeting of April 10, 2019 -- Karen Frost, Deputy City Secretary C. Consideration and possible action to approve the Vacation and Resubdivision establishing the Replat of Vista Pointe Subdivision Phase One, as owner of parkland on Lot 18, Block B of the said subdivision; and, to authorize the Mayor to sign the plat and execute such other documents as may be necessary -- Travis Baird, Real Estate Services Manager D. Consideration and possible action to authorize the declaration of a public utility easement across a tract of land located in the W. Addition Survey, Abstract No. 21, Williamson County, Texas, being a portion of Lot 1, Block 1, Fire Station No. 7 Subdivision, and to authorize the Mayor to execute all documents necessary to issue the declaration -- Travis Baird, Real Estate Services Manager E. Consideration and possible action to appoint Virginia Hahn as Chair of the Commission on Aging -- Mayor Dale Ross F. Consideration and possible action to appoint Terri Michelle as a member of the Commission on Aging -- Mayor Dale Ross G. Consideration and possible action to approve an interlocal agreement between the City of Georgetown and the City of Round Rock for the purchase of Household Hazardous Waste vouchers -- Octavio Garza, PE, Public Works Director H. Forwarded from Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible action to approve a Resolution amending the bylaws of the corporation, clarifying the roles of the General Manager and Finance Manager and authorizing those individuals to delegate duties and responsibilities -- Leigh Wallace, Finance Director, COG, Finance Manager, GTEC I. Forwarded from Georgetown Economic Development Corporation (GEDCO): Consideration and possible action to approve a Resolution amending the bylaws of the corporation, clarifying the roles of the General Manager and Finance Manager and authorizing those individuals to delegate duties and responsibilities -- Leigh Wallace, Finance Director J. Forwarded from General Government And Finance Advisory Board (GGAF): Consideration and possible action to approve an ERP Project Manager/Testing Lead to assist with the Workday implementation utilizing the Texas Department of Information Resources (DIR) Information Technology Staff Augmentation Contract (ITSAC) with GTS Technology Solutions in the amount of $216,000.00 -- Leigh Wallace, Finance Director K. Forwarded from General Government And Finance Advisory Board (GGAF): Consideration and possible action to approve a Finance Lead to assist with Finance tasks for the Workday implementation utilizing the Texas Department of Information Resources (DIR) Information Technology Staff Augmentation Contract (ITSAC) with GTS Technology Solutions in the amount of $198,720.00 -- Leigh Wallace, Finance Director L. Forwarded from General Government And Finance Advisory Board (GGAF): Consideration and possible action to approve an ERP Project Lead/Enterprise Architect to assist with the Workday implementation utilizing the Texas Department of Information Resources (DIR) Information Technology Staff Augmentation Contract (ITSAC) with GTS Technology Solutions in the amount of $415,200.00 -- Leigh Wallace, Finance Director Motion by Pitts, second by Fought, to approved the Statutory Consent Agenda in its entirety. Approved: 7-0 Legislative Regular Agenda M. Consideration and possible action to approve a Resolution granting the petition for the voluntary annexation of an approximate 112.85-acre tract in the Williams Addition Survey, Abstract No. 21, and approximately 1.7 acres consisting of a portion of Rockride Ln/Southwestern Ave, a right-of-way of varying width of record described to Williamson County, Texas, and approximately 5.1 acres consisting of a portion of County Road 110, a right-of-way of varying width of record described to Williamson County, Texas, designation of initial zoning of Residential Single -Family (RS) and General Commercial (C-3) zoning districts, and directing publication of notice for proposed annexation, for the property generally located at the northeast corner of Southwestern Blvd./Rockride Road and CR I10 to be known as Patterson Ranch -- Nat Waggoner, AICP, PMP, Long Range Planning Manager Waggoner presented the item including the Location Map, Aerial Map, Annexation Process, and tentative schedule. Waggoner read the caption. Motion by Fought, second by Pitts to approve Item M. Approved: 7-0 N. Consideration and possible action to approve a Resolution granting the petition for the voluntary annexation of an approximate 2.54-acre tract in the Williams Addition Survey, Abstract No. 21, and 0.17 acres consisting of a portion of Old 1460 Trail, a right-of-way of varying width of record described to Williamson County, Texas, designation of initial zoning of General Commercial (C- 3), and directing publication of notice for proposed annexation, for the property generally located at 1051 Old 1460 Trail -- Nat Waggoner, AICP, PMP, Long Range Planning Manager Waggoner presented the item including the Location Map, Aerial Map, Annexation Process, and tentative schedule. Waggoner read the caption. Motion by Fought, second by Pitts to approve Item N. Jim Whitliff spoke as one of purchasers of property. He stated that he was happy to agree to scenic overlay and is looking forward to cleaning up property Approved: 7-0 O. Consideration and possible action to approve a Resolution amending the bylaws for the Historic and Architectural Review Committee (HARC) to establish provisions for two regular meetings per month -- Sofia Nelson, Planning Director Nelson presented the item. She stated that this items is needed to account for changes made by Council direction. Nelson read the caption. Motion by Pitts, second by Gonzalez to approve Item O. Approved: 7-0 P. First Reading of an Ordinance authorizing the Issuance of City of Georgetown, Texas Combination Tax and Revenue Certificates of Obligation, Series 2019, levying an Ad Valorem Tax and the pledge of certain revenues in support of the certificates, approving an Official Statement, a Paying Agent/Registrar Agreement and other agreements related to the sale and issuance of the certificates and authorizing other matters related to the Issuance of the Certificates -- Leigh Wallace, Finance Director Wallace presented Items P&Q together. She stated that these items are a culmination of the Spring debt sale. Wallace added that there was no debt issued for the sale. She reviewed the projects covered by the Certificates of Obligation which total approximately $22 million and include parking improvements, construction of Fire Stations 6 and 7, public safety equipment, airport facilities projects, stormwater facilities projects, and the design of a transfer station. Wallace then listed the projects for item Q which are the general obligation and vote approved bonds. She continued that those projects total $5.4 million and are from the 2015 transportation bond. Wallace added that the projects include sidewalks, road widening and design. She said that due to growth there is no expected impact to the property tax rate from these two sales. Wallace added that the sales were conducted by the City's financial advisor Specialized Public Finance and bond attorney McCall Parkhurst. She stated that the City has maintained its AA+ Bond rating for tax supported debt this year. Jennifer Ridder-Douglas with Specialized Public Finance then presented the bid results from the sale. Ridder-Douglas stated that the City could possibly get bumped to AAA rating in the future, possibly as early as next year. She said explained reasons for positive ratings included policy, management of funds, transparency and having a growing community. Mayor Ross asked about transparency comments. Ridder-Douglas responded that it was noted that there are several policies available on the website and those policies are transparent to investors and the public. She continued by reviewing the number of bids received and that the winner was UMB Bank out of Missouri. Ridder-Douglas then detailed the interest rates, terms, and amount of bonds. Pitts asked if this was a weighted average rate. Ridder-Douglas responded that yes it was. Wallace read the caption for Item P. Motion by Pitts, second by Fought to approve Item P. Jonrowe asked about the status of the VFW parking lot. Morgan responded that these funds are to pay for an addition to the lot. Jonrowe stated that doing bonds for the downtown parking garage does not guarantee that project will be done. Morgan responded that if the project was not approved to completion then the City can diffease the debt. Jonrowe asked why the City was pursuing bonds at this time if there was no completed plan. Morgan responded that the garage was approved through the budget process. Jonrowe stated that when the garage was first approved it was not on the public radar, so she is concerned about the next steps. Approved: 7-0 Q. First Reading of an Ordinance authorizing the Issuance of City of Georgetown, Texas General Obligation Bonds, Series 2019, authorizing the levy of an Ad Valorem Tax in support of the Bonds, approving an Official Statement, a Paying Agent/Registrar Agreement and other related documents, awarding the Sale of the Bonds and authorizing other matters relating to the bonds -- Leigh Wallace, Finance Director Wallace introduced the item. Jennifer Ridder-Douglas presented the item. She stated that this set of bonds was also won by UMB Bank with a slightly higher interested rate. Gonzalez asked about the impact of the Inverted Yield Curve. Ridder Douglas responded that no it did not due to the limited supply of municipal bonds. She added that the City has a lower interest rate than last year. Wallace read the caption. Motion by Pitts, second by Fought to approve Item Q. Approved: 7-0 R. First Reading of an Ordinance for the voluntary annexation of an approximate 0.63-acre tract in the L.P. Dyches Survey, Abstract No. 171, with the initial zoning designation of the General Commercial (C-3), for the property generally located at 8400 RR 2338, to be a part of Highland Village -- Nat Waggoner, AICP, PMP, Long Range Planning Manager Waggoner presented the item including the Location Map, Aerial Map, Future Land Use Map, Highland Village PUD Concept Plan, and the schedule for the project. He added that the Planning and Zoning Commission reviewed the application at their April 19" meeting and recommended approval. Waggoner read the caption. Motion by Fought, second by Hesser to approve Item R. Approved: 7-0 S. Public Hearing and First Reading of an Ordinance on a request to rezone an approximately 0.93-acre tract of land out of the Antonio Flores Survey, Abstract No. 235, generally located at 1535 FM 971, from the Agriculture (AG) to Local Commercial (C- 1) zoning district -- Andreina Davila- Quintero, Current Planning Manager Davila -Quintero presented the item including the Location Map, the Aerial Map, the Future Land Use Map, the Zoning Map, and the description of the Local Commercial (C-1) zoning district and its permitted uses. She added that staff has determined that request complies with the C-1 zoning. Davila -Quintero said that the Planning and Zoning Commission held a public hearing and approved the request on April 2, 2019. Davila -Quintero read the caption. Mayor Ross opened the public hearing at 6:51 and then closed the public hearing at 6:51 as there were no speakers. Motion by Gonzalez, second by Eby to approve Item S. Jonrowe asked about the applicants need for sewage on the property. Davila -Quintero responded that the applicant will be required to extend a wastewater line based on use. Jonrowe asked if applicant knew that they would not allowed to use septic. Davila -Quintero responded that the applicant was aware. Approved: 7-0 T. Public Hearing and First Reading of an Ordinance on a request to rezone an approximately 12.0849-acre tract of land consisting of Lot 2, Dream Acres subdivision, generally located at 661 FM 971, from the Agriculture (AG) to Low Density Multi -Family (MF-1) zoning district -- Andreina Davila- Quintero, Current Planning Manager Davila -Quintero presented the item including the Location Map, the Aerial Map, Future Land Use Map, Zoning Map, and the Low Density Multi -Family (MF-1) allowances. She added that the application complies and partially complies in present and conforming uses category and is consistent with the Comprehensive Plan. Davila -Quintero stated that the Planning and Zoning Commission approved the application on April 2, 2019. Davila -Quintero read the caption. Mayor Ross opened the public hearing at 6:57 p.m. Angela Fernandez of 305 Parque Vista Drive which backs directly to the project and expressed her concerns about historic tree designation, closing the creek, fire lane and if the creek is being piped or closed. Tim Haynie who is the engineer and surveyor responded saying that the project will not directly impact her property. He added that the developer will be putting in draining to collect water and putting it partially in a pipe. Fernandez asked for clarification of it will all be underground. Haynie responded that it will not be on her property but water will be piped. Mayor Ross asked Ms. Fernandez what her concern is. Fernandez responded that water currently comes into her property and there will be an enclosure that leaves no water on top. Haynie and Fernandez continued to discuss the specifics of this concern. Mayor Ross suggested that Haynie speak with Ms. Fernandez personally outside of the meeting. He then asked that all development codes will be followed. Morgan that yes they would, and currently Council is only considering rezoning. Mayor Ross closed the public hearing at 7:04 p.m. Motion by Fought, second by Gonzalez to approve Item T. Approved: 7-0 U. Public Hearing and First Reading of an Ordinance on an executive amendment to Chapter 5, Zoning Use Regulations, of the Unified Development Code (UDC) relative to multi -family, food and beverage, and auto -related uses -- Sofia Nelson, CNU-A, Planning Director Nelson presented the item. She reviewed the auto -related uses including car washes and fuel sales. Nelson reviewed Multi -Family uses in the Mixed Use Downtown district and limitations. She reviewed food and beverage establishments that could be permitted in Industrial zoning. Nelson reviewed the distance requirements for bars, pubs, and taverns in multiple uses and their limitations. She then reviewed micro -distilleries and commercial vehicles sales in C-3 and Industrial categories. Nelson added that the Planning and Zoning Commission approved the recommendation on April 16, 2019 and that these are the executive and emergency amendments that were directed by Council in March. Nelson read the caption. Mayor Ross opened the public hearing at 7:10 p.m. He closed the public hearing closed at 7:10 p.m. as there were no speakers. Pitts asked about SUPs (Special Use Permits) for automotive uses and if, going forward, SUPS would be needed if a use is being replaced with a same type use in an existing automotive use location. Nelson responded that the UDC would consider that case a non -conforming use and deferred to McNabb for clarification. McNabb added that it would depend on type of use and the lapse between uses. Pitts asked about an example where a car wash changes ownership with same intended use. McNabb responded that it depends on time period, and he wasn't sure off hand. Nelson stated that she will be including backup information on conforming vs. non -conforming with second reading. Pitts responded that he thought that would be helpful for developers and business owners going forward. Jonrowe asked if bars would still require an SUP. Nelson responded yes. Jonrowe stated that she had asked Council to consider the implications of adding this and thought this would be a broader discussion on the impact on downtown. She added that she didn't think that this was considered an actual Council direction. Morgan responded staff understood it as direction and there must have been a misunderstanding and that staff mentioned this during a workshop. Nelson added that it was brought forward before and understood it to be part of direction from Council. Morgan said that staff was happy to work through and desired process. Jonrowe asked about the direction from Council on notification as she did not see it presented. Nelson responded that is was not included as staff was only bringing forward emergency items today and that will be part of other changes. Mayor Ross stated that he understood the reason for eliminating the 750 feet rule for bars was that it would create a possible monopoly for Barrels and Amps and Council didn't seem in favor of that. Hesser asked if the City has a 300 foot rule or no rule. Nelson responded that the 300 foot rule is part of the State requirements. Hesser asked if there was a different distance requirement between bars per City regulations. Nelson responded that yes there is, but Council is removing the required separation. Mayor Ross stated that if the requirement is not removed then a monopoly could exist with one bar. Fought added that the SUP process would allow Council to still say no. Ross stated that Council can still review. Jonrowe stated that it would not apply to micro distilleries and microbreweries. Nelson read the caption. Mayor Ross opened the public hearing opened at 7:19 p.m. and closed the public hearing at 7:19 p.m. as there were no speakers Motion by Pitts, second by Hesser to approve Item U. Approved: 7-0 V. Second Reading of an Ordinance for a request for a Special Use Permit (SUP) for the specific uses of 1) "Bar, Tavern, or Pub", and 2) "Event Facility" within the Mixed -Use Downtown (MU- DT) zoning district, for the property located at 718 South Austin Ave, bearing the legal description of 0.14 acres consisting of the south one-half (1/2) of Lot 8, and the East one-fourth (1/4) of Lots 6 and 7, Block 41, of the City of Georgetown, to be known as Barrels & Amps -- Nat Waggoner, AICP, PMP, Long Range Planning Manager Nelson presented the item and noted that there were no changes since first reading. She added that staff provided additional information based on Council questions at first reading. Nelson stated that a TABC permit was acquired on September 18, 2018. Nelson read the caption. Motion by Pitts, second by Nicholson to approve Item V. Approved: 7-0 W. Second Reading of an Ordinance amending Title13, Chapter 13.15. Section 13.15.040 of the Code of Ordinances titled "Water Use Requirements" modifying the current irrigation schedule to more effectively manage the City's water resources and maintain compliance with the Texas Administrative Code Title 30, Chapter 288 -- James Foutz, Marketing and Conservation Manager and Leticia Zavala, Customer Care Director Foutz presented the item. Foutz read the caption. Motion by Jonrowe, second by Fought to approve Item W. Approved: 7-0 X. Second Reading of an Ordinance amending Title 13, Chapter 13.16 of the Code of Ordinances titled "Drought Contingency Plan" modifying the current plan triggers and incorporating additional regulatory language -- James Foutz, Marketing and Conservation Manager and Leticia Zavala, Customer Care Director Foutz presented the item. Foutz read the caption Motion by Jonrowe, second by Hesser to approve Item X. Approved: 7-0 Y. Discussion and possible direction to staff to write an ordinance for council consideration, which would create a citizen -driven appeal process for HARC like the one which is currently used for P&Z -- Rachael Jonrowe, Councilmember District 6 Jonrowe read the caption. She added that this item was based on feedback she had received from citizens. Jonrowe stated that it might be good idea to consider a citizen petitioning process for higher standard of approval for COAs. She added that she would like to make the process objective and measurable like what exist for the Planning and Zoning Commission. Fought stated that he likes the idea for citizen appeal. He added that he would like Council to tell HARC and staff to review the idea for an appeal process and have staff review and then bring back to Council. Fought said he would allow 6 months to bring it back since new changes were just put in place. Nicholson asked if this was regarding the appeal of property owners or adjacent property owners. Jonrowe responded that it would be for 20% of property owners within 200 feet. Nicholson asked if the owner can appeal. Jonrowe responded yes, but no citizen has ever utilized that certain appeal. She added that it make the appeal process accessible. Nicholson responded that based on the amount of time staff has already spent on HARC changes that she would like to see current changes put in place before adding more. Eby stated that she is in favor of this and thinks it makes since for the process to mirror P&Z (Planning and Zoning Commission). She added that she doesn't think it should take 6 months but there should be time allowed for HARC to provide input. Pitts stated that he would like to let the updated policy run before we start altering things since it was just changed. He added that he doesn't dislike the idea of an appeal process for residents, but doesn't support reviewing it now. Hesser stated that he agrees with Pitts Gonzalez stated that after all time spent with staff Council should have been considered before the final vote instead of now. Jonrowe stated that she is concerned about what could happen while Council waits. Motion by Jonrowe to direct staff to write an ordinance for Council consideration that would create a citizen driven appeal process for HARC like the one that is currently used for P&Z, second by Eby. Failed 5-2. Eby and Jonrowe for, Nicholson, Hesser, Fought, Pitts, and Gonzalez against. Project Updates Z. 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. Morgan said he did not, at this time, but would be happy to answer any questions. Nicholson asked about the gas situation with Atmos. Morgan responded that there were 14 properties still under evacuation, 7 commercial and 7 residential and there is a promotion campaign for those businesses that have reopened. Gonzalez wants the City to advertise to help people effected. Public Wishing to Address Council 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. AA. Larry Brundidge would like to speak to the Council on a proposal to create a Steering Committee for developing a strategic development plan for a reservoir in the San Gabriel River corridor. Mr. Brundidge presented a plan that he thinks would benefit the City for water needs and use with the creation of a reservoir. 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. BB. 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 - Litigation Update Sec. 551.072: Deliberations about Real Property - Sale of Property — 103 West Th Street -- Travis Baird, Real Estate Services Manager Sec. 551.086: Certain Public Power Utilities: Competitive Matters - Purchased Power Update 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 Adjournment Motion by Fought, second by Nicholson to adjourn the meeting. Approved 7-0. Mayor Ross adjourned the meeting at 7:39 p.m. Approved by the Georgetown City Council on l� v `� Date Dale Ross, Mayor Attest: City Secretary