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HomeMy WebLinkAboutMIN 02.11.2020 CC-RNotice of a Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, February 11, 2020 The Georgetown City Council will meet on Tuesday, February 11, 2020 at 6:00 PM at the Council Chambers at 510 West 91h 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 Ross called the meeting to order at 6:02 p.m. The following Council Members were in attendance. Mayor Dale Ross; Mary Calixtro, Council Member District 1; Valerie Nicholson, Council Member District 2; Mike Triggs, Council Member District 3; Steve Fought, Council Member District 4; Kevin Pitts, Council Member District 5; and Rachael Jonrowe, Council Member District 6. Tommy Gonzalez, Council Member District 7 were absent. 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 Pastor Joe Ibanez with Georgetown Church of the Nazarene led the invocation. Pledge of Allegiance Council Member Jonrowe led both pledges. Comments from the Mayor - All Things Kids Small Business of the Year - Christmas Day Giving Program City Council Regional Board Reports Council Member Nicholson noted the 2045 Regional Transportation Plan that was discussed at the last CAMPO meeting. Announcements - 2030 Plan Open House Action from Executive Session There were three actions out of Executive Session. Motion by Nicholson to authorize the City Attorney to add an explanation of age and residency eligibility for office requirements to the City Secretary information for candidate document. Second by Pitts. Approved 6-0. Motion by Nicholson to approve the Third Amendment to the Bluejay Nest Interconnection Agreement on the terms discussed in Executive Session and authorize the Mayor to execute the Third Amendment. Second by Pitts. Approved 6-0. Motion by Nicholson to approve the First Amendment to the ISDA 2002 Master Agreement with Mercuria Energy America as discussed in Executive Session and authorize the Mayor to execute the First Amendment. Second by Pitts. Approved 6-0. 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 Workshop and Regular Meetings held on January 28, 2020 -- Robyn Densmore, City Secretary C. Consideration and possible action to approve a Resolution ordering a General Election to be held on May 2, 2020 for City Council Members for Mayor, District 2, and District 6 -- Robyn Densmore, City Secretary This item was pulled from the Consent Agenda and discussed as part of the Legislative Regular Agenda. D. Consideration and possible action to approve a change order to the City's contract 17-0091- SC with Advoco Inc. to provide software managed services and integration services for a total amount not to exceed $66,420.00 -- Chris Bryce, IT Director E. Consideration and possible approval to purchase replacement laptops and associated docks and port replicators for emergency service vehicles, as well as new ruggedized laptops and computer equipment for new Police and Code Enforcement Officers from Ingram Technologies LLC for an amount of $92,503.30 -- Chris Bryce, IT Director F. Consideration and possible action to accept the independent audit of all accounts of the Chisholm Trail Special Utility District for the fiscal year ended September 30, 2019 and to authorize the City Manager to execute all required approval forms on behalf of the City -- Leigh Wallace, Finance Director G. Consideration and possible action to approve a Consulting Services Contract with NewGen Strategies and Solutions to conduct a study related to Net Metering and line extension policies, South Western Electric Service Agreement and Managed Electric Vehicle Charging Program feasibility study -- Daniel Bethapudi, Electric General Manager and Leticia Zavala, Customer Care Director H. Consideration and possible action to appoint members to the City of Georgetown Advisory Boards and Commissions -- Mayor Dale Ross I. Consideration and possible action to appoint City Council Members to the City of Georgetown Advisory Boards and Commissions -- Mayor Dale Ross Consideration and possible action to appoint Board Chairs to the City of Georgetown Advisory Boards and Commission -- Mayor Dale Ross K. Consideration and possible action to confirm the Ethics Commission and Chair as a City of Georgetown Advisory Board -- Mayor Dale Ross Jonrowe asked to pull Item C to Legislative Regular Agenda. It was the first item discussed under the Legislative Regular Agenda. Motion by Fought, to approve the entire Consent Agenda, excluding Item C, as presented, second by Pitts. Approved 6-0. Legislative Regular Agenda C. Consideration and possible action to approve a Resolution ordering a General Election to be held on May 2, 2020 for City Council Members for Mayor, District 2, and District 6 -- Robyn Densmore, City Secretary Jonrowe noted that she had no objection to the election, she just had some clarification questions. She noted the section of the Resolution that noted optical scan ballots and asked if the County had recently upgraded. Densmore responded that yes, the County had recently upgraded. Jonrowe asked if the Resolution needed to be approved at this meeting to meet all needed election timelines. Densmore responded yes, it does. Jonrowe asked who represents the City when working through the Joint Election Agreement with the County. Densmore responded that she is the main point of contact for general questions and would reach out the Legal Department if need be. Jonrowe asked if staff already had the list of polling locations. Densmore responded that she did not have the list yet, but there should be polling locations throughout the City. Jonrowe noted her desire for consistency with polling locations from year to year. Densmore stated that she would reach out to the County and get information about the polling locations and the fees associated with adding any desired additional locations. Jonrowe asked about the availability of election information in both English and Spanish. Densmore responded that all State provide forms are available in English and Spanish and the County also provides all of their information in both English and Spanish. Jonrowe asked about the accessibility of Spanish translation of the information on website. Densmore responded that there is no "button' to translate into Spanish. Mayor Ross asked when Council would know that associated costs with adding additional polling locations. Densmore responded that she would reach out to the Country for more information. Motion by Jonrowe, second by Fought. Approved 6-0. L. Public Hearing and possible action on a proposed determination of no feasible or prudent alternative to the use of a portion of public parkland, being a portion of Rabbit Hill Park located at the current southern terminus of Blue Ridge Dr., due north of Westinghouse Road, for the installation of water line -- Travis Baird, Real Estate Services Manager Baird presented the item and provided background information and all routes that were considered. Baird read the caption. Mayor Ross opened and closed the Public Hearing at 6:29 p.m. with no speakers. Motion by Nicholson for the Council to make a finding of no feasible and prudent alternative to the use of a portion of the public parkland known as Rabbit Hill Park, owned by the City of Georgetown, for the construction of a waterline. Second by Triggs. Calixtro asked if there would be any cut off of the water to the resident due to this. Baird responded no. Calixtro asked if that was contingent to the chosen route. Baird responded that he was not completely sure about all of the other routes. Approved 6-0. M. Consideration and possible action to designate the Vibrant Living! A Senior Empowerment Event as a City -Sponsored Special Event and to approve a $5,000.00 sponsorship for the April 20, 2020 event -- David Morgan, City Manager Morgan presented the item and provided a history on the event. He noted that the City provided the same sponsorship in 2019. Morgan stated that this event fits within the City's criteria for a City -Sponsored Special Event. Morgan read the caption. Motion by Fought, second by Pitts. Fought noted that this came out of the Commission on Aging and agreed that the City needs to revisit the policy before approving again. Nicholson stated that she agrees with Fought on his comments. She added that she wants to be clear on the process going forward. Pitts referred to the policy and asked about waiving fees for groups that receive grants from the City. Morgan responded that the previous discussion was related to waiving signage fees. Approved 6-0. N. Consideration and possible action to approve a contract for Professional Services with Focused Advocacy, LLC, of Austin Texas, related to utility and governmental affairs -- Jack Daly, Community Services Director Daly presented the item and reviewed previous legislative efforts. He then provided a 2019 legislative session summary and its impact on cities. Daly noted the Council goal of increasing the City's influence with the State government. He provided a background on Focused Advocacy, contract details, and on -going efforts. Daly read the caption. Motion by Nicholson, second by Pitts. Pitts asked if the next legislative session will occur before the end of the contract. Daly responded that this is a two-year contract through February 2022. Pitts asked what will happen if taxpayer lobbies are outlawed. McNabb responded that legislation cannot amend an existing contract. Pitts asked if the City would then be paying for services it could no longer use. McNabb responded that there is a contract termination clause. Daly added that it takes 90 days to terminate the contract. Pitts noted that for profit utility companies have lobbyist and asked if the City didn't have this service, would the City need a full-time staffer to do this. Daly responded yes. Nicholson asked if staff has quantified what that staff member would costs. Morgan responded that it would be more than contract. Nicholson noted the possible fluxuating workload for that staff member. Approved 6-0. Mayor Ross took a moment to acknowledge two boy scouts in the audience between Item N and Item O. O. First Reading of an Ordinance of the City Council of the City of Georgetown, Texas amending Chapter 14.20 of the Code of Ordinances relating to the term and cash considerations of the Pedernales Electric Cooperative, Inc. franchise; repealing conflicting ordinances and resolutions; including a severability clause; and declaring an effective date -- Jackson Daly, Community Services Director and Jim Kachelmeyer, Assistant City Attorney Daly presented the item and provided a brief history. He explained the need for the items and the planned next steps. Daly read the caption. Motion by Pitts, second by Nicholson. Pitts asked if this will increase revenues around $160,000. Daly responded yes. Pitts asked what fund the collected funds will go into. Daly responded that they will go into the general fund. Approved 6-0. P. First Reading of an Ordinance of the City Council of the City of Georgetown, Texas deleting Chapter 2.109, titled "Utility Systems Advisory Board" of the Code of Ordinances; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date -- Daniel Bethapudi, Electric Utility General Manager Dishong presented Items P & Q together. He provided a history on the item. Dishong noted that this item will dissolve the Georgetown Utility System (GUS) advisory board and the next item will create the Electric Utility and Water utility boards that will take its place. He then reviewed the member makeup for each of the new boards. Dishong read the caption for Item P. Motion by Jonrowe, second by Pitts. Approved 6-0. Q. First Reading of an Ordinance of the City Council of the City of Georgetown, Texas adding Chapter 2.117, titled "Georgetown Electric Utility Advisory Board," and Chapter 2.118, titled "Georgetown Water Utility Advisory Board" to the Code of Ordinances; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date -- Daniel Bethapudi, Electric Utility General Manager and Glenn Dishong, Water Utility Services Director Dishong presented Items P & Q together. Dishong read the caption for Item Q. Motion by Jonrowe, second by Pitts. Jonrowe asked if the board members will be selected by June 1st. Dishong responded June 15' is when the existing Georgetown Utility Systems (GUS) advisory board will be dissolved that staff hope to have the members selected prior to turnover in the Mayor seat on Council. Jonrowe asked when the application process will open. Dishong responded prior to second reading. Approved 6-0. R. Public Hearing and First Reading of an Ordinance for a Special Use Permit (SUP) for the Warehousing and Distribution, Limited specific use in the Business Park (BP) zoning district, for the property generally located at the terminus of Blue Ridge Drive, bearing the legal description of 24.5 acres in the Lewis J. Dyches Survey, Abstract No. 180, to be known as CV Imports -- Sofia Nelson, CNU-A, Planning Director Nelson presented the item including the Location Map, Aerial Map, Future Land Use Map, and Zoning Map. She then reviewed the Mixed -Use Neighborhood zoning; what is allowed in the Warehouse and Distribution center designation; and a proposed site plan. Nelson stated that staff review showed the request to comply in rezoning criteria and P&Z approved the rezone unanimously at their January 21, 2020 meeting. Nelson read the caption. Mayor opened and closed the Public Hearing at 7:01 p.m. as there were no speakers. Motion by Fought, second by Pitts. Jonrowe mentioned a neighbor's response and asked if City staff or the developer has reached out to address his concerns. Nelson stated that she will verify before the second reading. Approved 6-0. S. Public Hearing and First Reading of an Ordinance for the voluntary annexation of an approximate 1.38-acre tract of land out of the William Addison Survey, Abstract No. 21, and a 0.39-acre portion of Old 1460 Trail, a right-of-way of varying width of record described to Williamson County, Texas, with the initial zoning designation of Local Commercial (C-1) upon annexation, for the property generally located at 1061 Old 1460 Trail, to be known as 1061 Old 1460 Trail -- Sofia Nelson, CNU-A, Planning Director Nelson presented the item including the Location Map, Aerial Map, Future Land Use Map, and Zoning Map. She then reviewed the Mixed -Use Neighborhood zoning and what is allowed in the Local Commercial (C-1) zoning type. Nelson stated that staff review showed the request to comply in rezoning criteria and P&Z approved the rezone unanimously at their January 21, 2020 meeting. Nelson read the caption. Mayor Ross opened and closed the Public Hearing at 7:06 p.m. as there were no speakers. Calixtro asked for clarification about what is allowed in the category. Nelson reviewed what is allowed by right and what will require a Special Use Permit. Calixtro asked if there had been any objections from nearby residents. Nelson responded that 19 notices were mailed out and staff received one objection from a resident. Calixtro stated that some residents she spoke with are worried about a "hang out spot" coming into the area as there was already one nearby store that gets a lot of traffic. She continued that citizens are worried about many stores in one small area. Motion by Pitts, second by Nicholson. Approved 6-0. T. Public Hearing and First Reading of an Ordinance for the voluntary annexation of an approximate 14.29-acre tract in the William Robert Survey, Abstract No. 524, and a 0.979-acre portion of Shell Road, a right-of-way of varying width of record described to the Williamson County, Texas, with the initial zoning designation of Residential Single -Family (RS) upon annexation, for the property generally located at 3700 Shell Road, to be known as The Enclave at Hidden Oak -- Sofia Nelson, CNU-A, Planning Director Nelson presented the item including the Location Map, Aerial Map, Future Land Use Map, and Zoning Map. She then reviewed what is allowed in the Residential Single -Family (RS) zoning type. Nelson stated that staff review showed the request to comply in rezoning criteria and P&Z approved the rezone unanimously at their January 21, 2020 meeting. Nelson read the caption. Mayor Ross opened and closed the Public Hearing at 7:12 p.m. as there were no speakers. Motion by Nicholson, second by Pitts. Approved 6-0. U. Second Reading of an Ordinance amending Chapter 2.48 of the Code of Ordinances, titled "Planning and Zoning Commission," relating to membership eligibility requirements -- Robyn Densmore, City Secretary Densmore presented the item and noted that there had been changes since the first reading. Densmore read the caption. Motion by Nicholson, second by Pitts. Jonrowe asked for clarification about the language discrepancy between the City Charter and Code of Ordinances (Code) related to the Planning and Zoning Commission (P&Z) bylaws. She asked if the proposed changes were to make the Code in compliance with the Charter. Densmore responded that was correct. Jonrowe asked if the change would eliminate the eligibility of citizens in the ETJ to serve on P&Z. Densmore responded that was correct. Jonrowe asked if that change would go into effect immediately. Densmore responded that was correct. Jonrowe asked if anyone would be immediately removed from P&Z. Densmore responded that staff had already addressed that. Jonrowe asked if this change was taken into consideration when boards and commissions appointments were made. Densmore responded yes it was. Jonrowe asked if P&Z was the only board mentioned in the Charter in this fashion. Charlie McNabb, City Attorney, responded that it is the only one. He added that there are other boards that are established by State statute. Jonrowe noted that Council had been clear in the past about including citizens in the ETJ on boards and commissions. McNabb noted that most City boards allow for membership of citizens in the ETJ. Jonrowe asked what the practice is when a City notices that the Charter and Code do not align and what sort of timeframe is allowed. McNabb responded that an ordinance in conflict with the Charter is void or voidable. Jonrowe asked about possible liability issues with past decisions made. McNabb responded that staff is reviewing. Jonrowe asked if the Council wanted to change this eligibility requirement, would it require a Charter amendment. McNabb responded yes. Jonrowe noted the possibility of an upcoming workshop reviewing needed Charter amendments. Approved 6-0. V. Consideration and possible action to approve a Resolution amending the bylaws for the Planning and Zoning Commission relating to membership eligibility requirements -- Sofia Nelson, CNU-A, Planning Director and Jim Kachelmeyer, Assistant City Attorney Nelson presented the item and noted that it was to update the Planning and Zoning Commission bylaws. Nelson read the caption. Motion by Pitts, second by Fought. Approved 6-0. W. Second Reading of an Ordinance amending Chapter 2.116 of the Code of Ordinances, titled "Housing Advisory Board," relating to membership requirements -- Robyn Densmore, City Secretary Densmore presented the item and noted that there had been changes since the first reading. Densmore read the caption. Motion by Pitts, second by Nicholson. Approved 6-0. X. Consideration and possible action to approve a Resolution amending the bylaws for the Housing Advisory Board relating to membership eligibility requirements -- Sofia Nelson, CNU-A, Planning Director Nelson presented the item and noted that is was to update the bylaws for the Housing Advisory Board. Nelson read the caption. Motion by Nicholson, second by Pitts. Approved 6-0. Y. Second Reading of an Ordinance to amend Chapter 6.40 of the Code of Ordinances related to the Sale of Alcoholic Beverages -- Robyn Densmore, City Secretary and James Kachelmeyer, Assistant City Attorney Densmore presented the item and noted that there had been changes since the first reading. Densmore read the caption. Motion by Nicholson, second by Pitts. Approved 6-0. Z. Second Reading of an Ordinance for a Zoning Map Amendment to rezone 0.436 acres being a part of Lot 4, Block B, of the Horizon Commercial Park from the Industrial (IN) district to the General Commercial (C-3) district, generally located at 605 High Tech Dr -- Sofia Nelson, CNU-A, Planning Director Nelson presented the item and noted that there had been changes since the first reading. Nelson read the caption. Motion by Pitts, second by Fought. Approved 6-0. AA Second Reading of an Ordinance for a Zoning Map Amendment to rezone 4.137 acres in the J. Berry Survey, Abstract No. 51, from the Agriculture (AG) district to the Industrial (IN) district, for the property generally located at 401 SH 130 -- Sofia Nelson, CNU-A, Planning Director Nelson presented the item and noted that there had been changes since the first reading. Nelson read the caption. Motion by Pitts, second by Fought. Approved 6-0. AB Second Reading of an Ordinance for a Zoning Map Amendment to rezone Lots 1, 2 and 3 of the Southworth Addition from the Industrial (IN) district to the General Commercial (C- 3) district, generally located at 2301 Old Airport Road -- Sofia Nelson, CNU-A, Planning Director Nelson presented the item and noted that there had been changes since the first reading. Nelson read the caption. Motion by Pitts, second by Nicholson. Approved 6-0. AC Second Reading of an Ordinance for a Zoning Map Amendment to rezone 13.00 acres out of the Antonio Manchaca Survey, Abstract. 421, from the Agriculture (AG) district to Industrial (IN), and 5.5 acres out of the Antonio Manchaca Survey, Abstract 421, from the Agriculture (AG) district to the General Commercial (C-3) district, generally located at 6301 N IH 35 -- Sofia Nelson, CNU-A, Planning Director Nelson presented the item and noted that there had been changes since the first reading. Nelson read the caption. Motion by Jonrowe, second by Fought. Approved 6-0. AD Second Reading of an Ordinance for a Zoning Map Amendment to rezone 53.219 acres out of the Francis A. Hudson Survey, Abstract 295, and James S. Patterson Survey, Abstract No. 502, from the Business Park (BP) (+/-40.242 acres)and Local Commercial (C-1) (+/-15.70 acres) districts to the Industrial (IN) (20.47 acres) and General Commercial (C-3) (32.88 acres) districts, generally located at 1201 Westinghouse Road -- Sofia Nelson, CNU-A, Planning Director Nelson presented the item and noted that there had been changes since the first reading. Nelson read the caption. Motion by Fought, second by Triggs. Approved 6-0. AE Second Reading of an Ordinance for a Zoning Map Amendment to rezone 88.92 acres out of the David Wright Survey, Abstract No. 13, from the Agriculture (AG) district to the Industrial (IN) district, generally located at 3001 IH 35 -- Sofia Nelson, CNU-A, Planning Director Nelson presented the item and noted that there had been changes since the first reading. Nelson read the caption. Motion by Fought, second by Triggs. Approved 6-0. AF Consideration and possible action to approve a proposed Strategic Partnership Agreement (SPA) between the City of Georgetown and Northwest Williamson County Municipal Utility District No. 2 (NWWCMUD No.2) providing for, among other things, the limited purpose annexation of the area within NWWCMUD No. 2 boundaries -- Wayne Reed, Assistant City Manager Reed presented the item and recapped the SPA. Reed read the caption. Motion by Nicholson, second by Pitts. Jonrowe asked what projects the NWWCMUD can use their sales tax for. Reed responded by providing a list of public improvements. Jonrowe clarified that they are for public use. Reed responded yes they are for public use. Jonrowe asked if the money could be used for a private amenities center. Reed responded that the funds are not allowed for that. Approved 6-0. Project Updates AG 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 stated that he had no updates but would be happy to answer any questions. Juan Hernandez signed up to address the Council and yielded his time to Kris Bailey. Kris Bailey spoke on parking downtown and the option for an on -demand shuttle service. 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. Speakers will be allowed up to three minutes to speak. Qn a 5ubi_ect 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) 931- 7715 or csf8eorgetown.or4. Speakers will be allowed up to three minutes to speak. AH At the time of posting no persons had signed up to speak. 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. AI 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 - PEC Franchise Sec. 551.086: Certain Public Power Utilities: Competitive Matters - Mercuria ISDA Amendment Sec. 551.087: Deliberation Regarding Economic Development Negotiations - Project Tortilla Sec. 551.076: Deliberations Regarding Security Devises or Security Audits: Close Meeting - Update on Cyber Security and Continuity Plan -- James Davis, IT Operations Manager 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 - Municipal Court Judge Adjournment Motion by Fought to adjourn, second by Nicholson. Approved 6-0. Meeting adjourned at 7:41 p.m. Approved by the Georgetown City Council on ;-5 (--u Date �'k-pz R."- Dale Ross, Mayor est: Ci secretary