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HomeMy WebLinkAboutMIN 11.10.2020 CC-RNotice of a Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, November 10, 2020 The Georgetown City Council will meet on Tuesday, November 10, 2020 at 6:00 PM via Teleconference 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 6:01 p.m. The following Council Members were in attendance: Mayor Dale Ross; Mary Calixtro, Council Member District 1; Mike Triggs, Council Member District 3; Steve Fought, Council Member District 4; and Rachael Jonrowe, Council Member District 6; and Tommy Gonzalez, Council Member District. Kevin Pitts, Council Member District 5 was absent, and Council District 2 is vacant. All Council Members were present via videoconferencing and a roll call was performed. 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 Joe Ibanez with Georgetown Nazarene provided the invocation. Pledge of Allegiance Council Member Pitts lead both pledges. Comments from the Mayor - Code Officer Proclamations City Council Regional Board Reports Announcements - Canvassing and District 2 Runoff Information Action from Executive Session Motion by Pitts to authorize the City Manager to sign a Notice of Event of default for the Joint Use, Access and Lease Agreement with Hine Georgetown Hotel LLC and related agreements as discussed in Executive Session, second by Triggs. Calixtro - Yes Triggs - Yes Fought - Yes Pitts - Yes Jonrowe - Yes Gonzalez - Yes Approved 6-0 (District 2 vacant). Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items 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 October 27, 2020 -- Robyn Densmore, City Secretary C. Consideration and possible action to approve a contract to patriciate in the PetSmart Charities in-store adoption program -- April Haughey, Animal Services Manager and Jack Daly, Community Services Director D. Consideration and possible action to approve the renewal of a contract between the City of Georgetown and Motorola Solutions for radio maintenance, support, and/or other services -- Amy Janik, Support Services Bureau Commander E. Consideration and possible action to approve a Resolution authorizing the encroachment of a driveway into the right of way of Ash Street between 4th and 5th Street -- Travis Baird Real Estate Services Manager F. Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to approve of a contract with Suddenlink to provide dedicated Internet service for a total of $136,620.00 over three years -- Chris Bryce, Director of Information Technology, and James Davis, IT Operations Manager G. Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to approve the purchase of vehicles and equipment in the amount of $2,317,620.00 through cooperative purchasing under Sourcewell contract #012418-ALT, TIPS contract #200206, and Goodbuy contract #208F000 -- Stan Hohman, Fleet Services Motion by Pitts to approve the Consent Agenda as presented, second by Fought. Calixtro — Yes Triggs — Yes Fought — Yes Pitts — Yes Jonrowe — Yes Gonzalez — Yes Approved 6-0 (District 2 vacant). Legislative Regular Agenda H. Consideration and possible action to approve a Resolution extending the Disaster Declaration signed March 19, 2020 and consenting to its continuation until terminated -- Jackson Daly, Community Services Director Daly presented the item by providing an overview and declaration timeline as follows: on March 14, 2020 the City declared a local state of disaster for the City due to concerns related to COVID-19; on March 19, 2020 City Council approved a Resolution ratifying the disaster declaration and consented to its continuation until May 11, 2020; on April 28 , 2020 City Council found the conditions necessitating the disaster declaration would continue to exist beyond May 11, 2020 and signed a resolution ratifying the disaster declaration and continuation until such time as it is terminated by subsequent City Council action or the state- wide disaster declaration issued by the Governor is terminated; at its May 26, 2020 Workshop, the City Council provided direction to continue the disaster declaration until terminated or until November 14, 2020; on June 9, 2020 City Council approved a continuation of the disaster declaration until November 14, 2020; and with recent local orders related to masking and outdoor gatherings, staff is recommending extending the Disaster Declaration signed March 19, 2020 and consenting to its continuation until terminated by the Mayor, City Council, or if superseded by the County Judge or Governor. Daly read the caption. Motion by Jonrowe, second by Calixtro. Pitts asked if the original reason for keeping declaration was for funding purposes. Daly responded yes, but it is more nuanced than that. He added that local orders are permissible and enforceable because of the declaration. Pitts stated that he thought the Governor's order allowed for that with Mayor approval. Daly responded that it gives local police explicit authority to enforce the order. Skye Masson, City Attorney, stated that this allows for the enforcement of the mask order at the local level and assist the Police with enforcement. Pitts asked if the County declaration has expired. Daly responded that he is not sure but will verify. Pitts asked if staff was aware of what other cities in the area are doing. Daly stated that he was unsure but would verify. Fought stated that he is concerned with indefinite declaration and that it could lose its impact. He added that he would like to get through holidays and then re-evaluate. Fought stated that he would support extending through end of February. Fought made a motion to amend the extension of the declaration for 90 days from today, second by Triggs. Vote on amendment: Calixtro - Yes Triggs - Yes Fought - Yes Pitts - Yes Jonrowe - Yes Gonzalez - Yes Approved 6-0 (District 2 vacant). Vote on original motion: Calixtro - Yes Triggs - Yes Fought - Yes Pitts - No Jonrowe - Yes Gonzalez - No Approved 4-2 (District 2 vacant, Pitts and Gonzalez against). I. Public Hearing and First Reading of an Ordinance for a Special Use Permit (SUP) for the multi -family, attached specific use in the General Commercial (C-3) zoning district on the property generally located at 451 N IH 35, bearing the legal description of Lot 1C, 451 North IH 35 subdivision -- Sofia Nelson, CNU-A, Planning Director Nelson presented the item and provided the Location Map, Aerial Map, Future Land Use/Overall Transportation Plan Map, and Highway Commercial explanation noting that it provides for large-scale retail amenities while still encouraging neighborhood retail. She continued by providing the Zoning Map and providing the following information on the Special Use Permit (SUP): the SUP allows for Planning & Zoning Commission and City Council approval of uses with unique or widely varying operating characteristics or unusual site development features, subject to the terms and conditions set forth in the UDC; the SUP also allows for additional restrictions to be placed on the use by the Planning & Zoning Commission and the City Council; the location and context of the attached multifamily development shall be secondary and supportive to established surrounding commercial uses, helping to facilitate an active, pedestrian friendly environment where the mixture of uses enables people to live, work, play, and shop; impervious coverage... shall be limited to fifty percent (50%); front setbacks shall be in conformance with the front setback of the district in which the attached multifamily development is proposed. Side and rear setbacks... shall be 15 feet, except where located adjacent to a residential zoning district the side and rear setbacks shall increase to 30 feet; building height shall be in conformance with the building height of the district in which the attached multifamily development is proposed; a minimum building separation of 15 feet shall be provided between all buildings on the site; attached multifamily development ... must also meet the building design standards of Section 7.03, the lighting design standards of Section 7.04, and the non-residential landscape requirements of Section 8.04; and ...must also meet the common amenity area requirements of Section 6.06.020 and the parkland dedication requirements of Section 13.08. Nelson provided a project rendering and noted that when related to the approval criteria for UDC Section 3.07.030 the project either complies or complies with conditions in all areas. She noted the SUP Conditions as follows: the maximum number of units on the site do not exceed 24 dwelling units an acre in accordance with UDC Sec 5.02.020.E; and should the abutting unimproved right-of-way be abandoned and become part of the subject property, the proposed use may be extended to include this portion and a driveway stub to the property to the west should be provided to facilitate an alternative east -west connection from Rivery Blvd to IH-35 as recommended in the Williams Drive Gateway Plan. Nelson explained the Planning and Zoning Commission Action and that at their November 3, 2020 meeting, the Planning & Zoning Commission unanimously recommended approval with conditions of the request with the following conditions: the maximum number of units on the site do not exceed 24 dwelling units an acre in accordance with UDC Sec 5.02.020.E; and should the abutting unimproved right-of-way be abandoned and become part of the subject property, the proposed use may be extended to include this portion and a driveway stub to the property to the west should be provided to facilitate an alternative east -west connection from Rivery Blvd to IH-35 as recommended in the Williams Drive Gateway Plan. Nelson read the caption. Mayor Ross opened and closed the Public Hearing at 6:25 p.m. as there were no speakers. Gonzalez stated that he was concerned with multi -family at that location. He added that the City needs to start preserving commercial land and this is not a good site for another multi- family. Gonzalez stated that he can't support the item as presented. Pitts asked if the road connecting to Northwest Blvd is it a road or private drive. Nelson responded that it would need to be abandoned, and the applicant is seeking to make it part of platted lot. Pitts asked who owns property adjacent to the project. Nelson responded that it is ROW and not under ownership of the hotel. She continued that the applicant is seeking to abandon the property. Pitts asked if it will be responsibility of owner to maintain the property. Nelson responded that is the hope. Pitts stated that he does think this is good location for multi -family and it is not a useful space for C-3. He added that he will support the item. Triggs stated that he drove by the property and agrees with Gonzalez that the property should be preserved for commercial use. Motion by Jonrowe, second by Pitts. Calixtro - No Triggs - No Fought - No Pitts - Yes Jonrowe - Yes Gonzalez - No Fails 4-2 (District 2 vacant; Pitts and Jonrowe for; Calixtro, Triggs, Fought, and Gonzalez against). J. First Reading of an Ordinance amending the Downtown Georgetown TIRZ Project and Financing Plan to include projects on a temporary or permanent basis to support the Downtown area consisting but not limited to Trash Services Pilot program to provide trash ambassador services, Downtown Dining Expansion to provide barricades and other improvements to expand spaces available for downtown dining including sidewalk and related work, and other programs to support and improve the pedestrian activity, arts and culture, entertainment, dining and shopping experience in downtown area -- Laurie Brewer, Assistant City Manager, Kim McAuliffe, Downtown Development Manager and Teresa Chapman, Environmental Services Coordinator Brewer presented the item and noted that this item is for amending the Project and Financing Plan and that both the TIRZ board and the Council have recently indicated their general support of using TIRZ funds for one-time assessments and pilots, specifically the sanitation ambassador program. She added that this program does not presently clearly fit into one of the approved projects in the TIRZ project and financing plan which is a legal requirement of the TIRZ. Brewer provided a current and proposed project list to Council. She then noted that the Ambassador Program will be brought back to Council on November 24, 2020 for Council consideration and provided a brief overview of Ambassador and Concierge Service Program. Brewer reviewed the area included in the Program and the Light Ambassador Program responsibilities. She noted that Council's Feedback from October 13, 2020 included the following: move forward with a light ambassador program as a pilot program with funding through Downtown TIRZ for one year (Up to $100k) and an ongoing assessment throughout pilot program; after the one-year pilot, transition costs to downtown business customers with the transition of costs over a three-year period to allow businesses to adjust to new rates; and long-term to evaluate the need to enhance ambassador services based on trash demands, and consider a concierge program as needed. Brewer noted the action from Downtown TIRZ Board on November 2, 2020 was to recommended approval to the City Council to amend the Downtown Georgetown TIRZ Project and Financing Plan to include: projects on a temporary or permanent basis to support the Downtown area consisting but not limited to Trash Services Pilot program to provide trash ambassador services, Downtown Dining Expansion to provide barricades and other improvements to expand spaces available for downtown dining including sidewalk and related work, and other programs to support and improve the pedestrian activity, arts and culture, entertainment, dining and shopping experience in downtown area. She noted the next steps as follows: Council review of contract amendment with TDS for Ambassador Program on November 24, 2020; Council second reading of TIRZ project plan amendment on November 24, 2002; and the goal to implement ambassador program as soon as possible for holiday shopping season. Brewer read the caption. Motion by Pitts, second by Jonrowe. Calixtro - Yes Triggs - Yes Fought - Yes Pitts - Yes Jonrowe - Yes Gonzalez - Yes Approved 6-0 (District 2 vacant). K. First Reading of an Ordinance of the City of Georgetown, Texas amending Sec. 2.28.210 "Assignment Pay" for certain assignments within the Fire Department -- John Sullivan, Fire Chief Sullivan presented the item noting that the purpose was to provide alignment with Strategic Plan and Meet and Confer changes. He noted the Ordinance changes as follows: redact Fire Marshal, Deputy Fire Marshal, Public Educator Assignment; revise Training Chief title to "Professional Development and Safety Chief"; revise EMS Field Trainer to include "Quality Assurance"; revise Fire and Life Safety Specialist to "Fire and Life Safety Intern"; revise Paramedic Assignment to "Paramedic Credential Pay"; and add Ambulance Assignment Pay of $25 per 24-hour shift. Sullivan read the caption. Motion by Pitts, second by Triggs. Calixtro - Yes Triggs - Yes Fought - Yes Pitts - Yes Jonrowe - Yes Gonzalez - Yes Approved 6-0 (District 2 vacant). L. Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Consideration and possible action to approve an economic development agreement with Titan NorthPark35 for construction of road infrastructure related to the extension of Aviation Drive -- Michaela Dollar, Economic Development Director Dollar presented Items L, M, and N together. Dollar provided a company profile and noted that: Titan Development is one of the Southwest's largest and most active, vertically integrated real estate developers; Titan offers development and construction services for multifamily, mixed use, office, industrial, and retail real estate; and the company was founded in 1999 with offices in New Mexico and Texas, Titan has multiple projects along the I-35 corridor. She gave a project description stating that: Titan plans to develop approximately 150 acres located at I-35 and Toll 130 into a business park called NorthPark35; this will be the City's first master -planned Class A industrial park; the first phase of the business park will include two approximately 150,000 SF buildings, totaling more than 300,000 SF along with a planned third building; and a critical element to the development is accessibility and infrastructure associated with the extension of Aviation Drive, as shown in the City's Overall Transportation Plan. Dollar provided some NorthPark35 Concept renderings and explained the infrastructure benefit. She noted the City's Strategy as follows: the City's 2030 Comprehensive Plan identified proactive infrastructure investment to encourage targeted development as a strategy for growth; this area is identified in the City's Future Land Use map as a mix of regional commercial and employment center due to its connectivity; the Economic Development Strategic Plan's fourth strategic goal is to encourage speculative development, and target industries for economic development include advanced manufacturing, professional services, and life sciences, all of which are well -suited for this site. Dollar reviewed the Incentive Proposal as follows while noting that grants will be paid in three installments, for the reimbursements of qualified expenditures: Road Reimbursement Grant Paid from the Type B Corporation sales tax fund *Includes the cost of engineering design. $8,000,000 Redundant Electric Service Installation Cost $1,900,000 Paid from the Type A Corporation sales tax fund, to the Georgetown Electric utility and Titan NorthPark35 Waterline Reimbursement Grant $600,000 Paid from the Water Capital Improvement Project Fund TOTAL INCENTIVE OFFER $10,500,000 Dollar stated the incentive requirements as follows: invest a minimum of $15,000,000 in capital expenditures; construct a minimum of 300,000 square feet of industrial development in Phase I of the park; construction of the road extension with utilities within 24 months; and approval of a master plan for the park with restricted uses and design standards in place. Dollar read the caption. Pitts asked when the full build out occurs, how many jobs will be created. Dollar responded that it is hard to say specifically, because it will depend on the use. She added that she can say that over this site at 150 acres and up to 1.5 million square feet. Motion by Pitts, second by Fought. Calixtro - Yes Triggs - Yes Fought - Yes Pitts - Yes Jonrowe - Yes Gonzalez - Yes Approved 6-0 (District 2 vacant). M. Forwarded from the Georgetown Economic Development Corporation (GEDCO): Consideration and possible action to approve an economic development agreement with Titan NorthPark35 for construction of electric infrastructure related to the extension of Aviation Drive -- Michaela Dollar, Economic Development Director Dollar presented Items L, M, and N together. See Item L for details. Dollar read the caption. Motion by Pitts, second by Fought. Calixtro - Yes Triggs - Yes Fought - Yes Pitts - Yes Jonrowe - Yes Gonzalez - Yes Approved 6-0 (District 2 vacant). N. Consideration and possible action to approve an economic development agreement with Titan NorthPark35 for water infrastructure related to the extension of Aviation Drive -- Michaela Dollar, Economic Development Director Dollar presented Items L, M, and N together. See Item L for details. Dollar read the caption. Motion by Pitts, second by Gonzalez. Calixtro - Yes Triggs - Yes Fought — Yes Pitts — Yes Jonrowe — Yes Gonzalez — Yes Approved 6-0 (District 2 vacant). O. Consideration and possible action to approve a Resolution of the City of Georgetown nominating a candidate to fill a vacancy on the Williamson Central Appraisal District (WOAD) Board of Directors -- David Morgan, City Manager Morgan presented the item and noted that Rufus Honeycutt was no longer able to fill his current term. He added that the City was nominating Greg Eady to fill the vacancy. Morgan read the caption. Mayor Ross asked Morgan to speak on Eady's qualifications. Morgan responded that Eady has served on a number of boards, has a financial background, and has lived in the City for a number of year. Motion by Pitts, second by Calixtro. Calixtro — Yes Triggs — Yes Fought — Yes Pitts — Yes Jonrowe — Yes Gonzalez — Yes Approved 6-0 (District 2 vacant). P. Consideration and possible action to approve the City of Georgetown Legislative Agenda for the 87th Texas Legislature's Regular Session in 2021-- Bridget Hinze Weber, Assistant to the City Manager Weber presented the item and noted that this agenda was reviewed in detail at the October 24, 2020 Workshop. Weber read the caption. Motion by Fought, second by Jonrowe. Calixtro — Yes Triggs — Yes Fought — Yes Pitts — Yes Jonrowe — Yes Gonzalez — Yes Approved 6-0 (District 2 vacant). Q. Second Reading of an Ordinance amending Chapter 10, "Sign Standards," Section 5.04.020, "Commercial Use Limitations," and Section 16.02, "Definitions," of the Unified Development Code (UDC) and amending Chapter 12.12, "Advertising Signs and Banners," and Chapter 12.16, "Signs Adjacent to Freeways," of the Code of Ordinances, relating to updates to the City's sign regulations -- Jack Daly, Community Services Director; Jeff Cardwell, Chief Plans Examiner; and Andreina Davila -Quintero, AICP, Current Planning Manager Daly presented the item and noted that there had been no changes since the first reading. Daly read the caption. Motion by Pitts, second by Gonzalez. Calixtro — Yes Triggs — Yes Fought — Yes Pitts — Yes Jonrowe — Yes Gonzalez — Yes Approved 6-0 (District 2 vacant). R. Second Reading of an Ordinance amending Chapter 8.28 of the Code of Ordinances, titled "Junked Motor Vehicles," relating to the regulation, abatement, and removal of junked vehicles -- Jack Daly, Community Services Director Daly presented the item and briefly reviewed the Ordinance changes noting that the changes align definitions and processes with State law by adding aircraft and watercraft to junk vehicle definition. He continued that the changes allows for the abatement of junk vehicles if no hearing is requested 11 days after notice is received and this is in alignment with other nuisance provisions which allow for abatement by city forces if owners are not responsive. Daly stated that when a hearing is requested, the changes allows the Municipal Court to order an abatement, as opposed to just issuing a fine; and removes the Building Standards Commission as a body to host a junk vehicle hearing and removes duplicative language regarding the municipal court hearing process. Daly read the caption. Motion by Pitts, second by Calixtro. Calixtro - Yes Triggs - Yes Fought - Yes Pitts - Yes Jonrowe - Yes Gonzalez - Yes Approved 6-0 (District 2 vacant). Public Wishing to Address Council On a sub' ct that is posted on this a enda: 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. 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) 931-7715 or cs@gtoMetown.org. Speakers will be allowed up to three minutes to speak. S. At the time of posting no one 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. T. 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 - Riverhaven -- Travis Baird, Real Estate Services Manager Adjournment Motion by Fought, second by Pitts. Calixtro - Yes Triggs - No Fought - Yes Pitts - No Jonrowe - Yes Gonzalez - No Mayor Ross - Yes Approved 4-3 (District 2 vacant, Calixtro, Fought, Jonrowe, and Mayor Ross for, and Triggs, Pitts, and Gonzalez against). This was Mayor Ross' last Regular Council meeting. Meeting adjourned at 7:02 p.m. Approved 0 the Georgetown City Council on Josh Date :Qt "&-�-- Attest: City Secretary