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HomeMy WebLinkAboutMIN 04.13.2021 CC-RNotice of a Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, April 13, 2021 The Georgetown City Council met on Tuesday, April 13, 2021 at 6:00 PM via Teleconference Call to order at 6:27 p.m. Roll call, Calixtro Fought, and Jonrowe were on-line. Pitts, Hood, Triggs, and Gonzalez are in - person with Mayor Schroeder on -site. Jonrowe is absent at roll call. 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 Pledges of Allegiance Comments from the Mayor - National Animal Control Appreciation Week Proclamation - Public Safety Telecommunicators Week Proclamation - Park Place Nursing Home recognition of Georgetown Fire Department (Rich Jones from Park Place presented appreciation to Chief Sullivan) - Winter Storm recognition for CAPE, Economic Development, CVB, Animal Control and Telecommunicators Announcements - none were given Action from Executive Session Motion by Pitts, second by Gonzalez to authorize the City Attorney to retain Kristina Silcocks with Foley and Lardner LLP to represent the city in eminent domain proceedings related to the Berry Creek Interceptor Project. Calixtro - Yes Hood - Yes Triggs - Yes Approved 7-0 Fought - Yes Pitts - Yes Jonrowe - Yes Gonzalez - Yes Motion by Pitts, second by Gonzalez to ratify and approve the retention by the City Attorney of Trish Carls to represent the City in all proceedings related to the application by Alamo Concrete Products Company to TCEQ for a new Temporary Water Use Permit under Application No. WRTP 13743, including submission of public comments request for a contested hearing. Calixtro - Yes Triggs - Yes Pitts - Yes Hood - Yes Fought - Yes Jonrowe - Yes Gonzalez - Yes Approved 7-0 Motion by Pitts, second by Gonzalez to approve a 2% merit increase a $650 lump sum merit, and 3.5% market increase in Sky Masson's annual salary as City Attorney effective May 10, 2021. Calixtro - Yes Hood - Yes Triggs - Yes Approved 7-0 Fought - Yes Pitts - Yes Jonrowe - Yes Public Wishing to Address Council B. At the time of posting no one had signed up to speak. Gonzalez - Yes 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. C. Consideration and possible action to approve the minutes of the Workshop and Regular Meetings held on March 9, 2021-- Robyn Densmore, City Secretary D. Consideration and possible action to approve the City Council governance guidelines, strategic initiatives, and goals -- David Morgan, City Manager E. Consideration and possible action to approve a Resolution granting a license for the encroachment of an awning in the right of way of W. 8th Street and S. Austin Avenue immediately adjacent to 120 W. 8th Street and an existing staircase on the east side of S. Austin Ave. and to authorize the Director of Planning to execute all necessary documents -- Odalis C. Suarez, Real Estate Services Coordinator (mayor recusal) F. Consideration and possible action to approve the First Amendment and Third Renewal of the Agreement between Abescape Group, LLC and the City of Georgetown, Texas for mowing services for the City -owned rights of way for $99,891.44 -- Dan Southard, Interim Public Works Director G. Consideration and possible action to approve a consultation agreement between the City of Georgetown and APD Urban Planning for the development of Small Area Plans for the Track Ridge Grasshopper and/or San Jose neighborhoods, in a total amount not to exceed $200,000.00 -- Sofia Nelson, Planning Director H. Consideration and possible action to approve an award of a Blanket Agreement with Southern Tire Mart, LLC to provide tires, tubes, supplies and equipment through the BuyBoard Contract #636-21 in an annual amount not to exceed $75,000.00, from April 13, 2021 through February 28, 2022 -- Leah Neal, Purchasing Manager I. Consideration and possible action to authorize the City of Georgetown to participate in an Interlocal Participation Agreement for the Sourcewell Purchasing Cooperative for the purpose of participating in their purchasing cooperative program -- Leah Neal, Purchasing Manager J. Consideration and possible action authorizing the submittal of a grant application to the Federal Emergency Management Agency (FEMA) and Texas Department of Emergency Management (TDEM) for public assistance related to the Winter Weather Storm DR4586 emergency response -- Elaine S Wilson, Assistant Finance Director K. Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to accept the independent audit of all accounts of the City reported in the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2020 -- Elaine S. Wilson, Assistant Finance Director L. Consideration and possible action to approve the submission of an application for an Internet Crimes Against Children (ICAO) Affiliate Sub -Award Pass Through Grant in the amount of $25,174.00 -- Wayne Nero, Police Chief Mayor Schroeder recused himself and left the dais, with a Conflict of Interest for Item E filed with the City Secretary. Mayor Pro -Tern Pitts opened the floor for a motion. Motion by Fought, second by Gonzalez to approve the consent agenda items as presented. Calixtro - Yes Fought - Yes Gonzalez - Yes Hood - Yes Pitts - Yes Triggs - Yes Jonrowe - Yes Approved 7-0 Mayor Schroeder returned to the dais. Legislative Regular Agenda M. 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 Chief Sullivan gave a brief presentation and apologized for not being present for the last presentation to explain the reason for the change and the effects of the proposed change. He explained that assignment pay primarily compensates for loss of scheduled overtime and enhances equality of compensation. This request is to align the pay with the Strategic Plan of the Department and the Organization changes that have taken place. This will allow the creation of a Clinical Coordinator to support the Medical Doctor, the creation of an EMS Coordinator to support EMS Operations and a Safety and Health Assignment to oversee Strategic Plan priorities. Pitts asked if the two people being promoted are having extra assignments or reassigned to new positions. Chief Sullivan responded they are being reassigned and their jobs are changing. Chief Sullivan read the Ordinance caption. Motion by Pitts, second by Gonzalez to approve the first reading of ordinance to amend Section 2.28.210 assignment pay for certain assignments within the Fire Department. Calixtro - Yes Hood - Yes Triggs - Yes Fought - Yes Pitts - Yes Jonrowe - Yes Gonzalez - Yes Approved 7-0 N. Public Hearing and First Reading of an Ordinance of the City Council of the City of Georgetown, Texas, terminating the South Georgetown Tax Increment Reinvestment Zone, City of Georgetown, Texas (the "Zone"); dissolving the Board of Directors and Tax Increment Fund for the Zone; repealing conflicting ordinances and resolutions; including a severability clause; and establishing an effective date -- Laurie Brewer, Assistant City Manager Brewer presented the item and explained that after review of the original assumptions used to form the South Georgetown TIRZ, that staff is recommending dissolution of the TIRZ. The assessed value and market conditions have shifted; projects funded through utilities are being or have been reimbursed or are funded through impact fees; there is no TIF or TIRZ debt issued, GTEC has issued debt and is supporting the debt through sales tax; and the General Fund provides services to the zone with no tax revenue. Brewer reported adjustments have been made over the past three years and the budgets have been shifted to all new infrastructure being funded by sales tax or impact fees and permits for development. This area is being developed now and there is lots of activity in the area. The TIRZ was developed in 2014 with the assumption that this area would not develop without this investment zone. Those assumptions have been exceeded and public infrastructure has been completed and paid through water and wastewater impact fees. There was a sewer interceptor paid by a developer and they have paid for the electric utility in that area as well, so no funding is needed. The proposal that the TIRZ be dissolved is so that the tax revenue of ca. $800K be redirected to the General Fund for services. Brewer read the Ordinance caption. Mayor Schroeder opened the Public Hearing and with no speakers coming forth, closed it. Motion by Pitts, second by Gonzalez to approve the First Reading of the Ordinance as presented. Calixtro - Yes Hood - Yes Triggs - Yes Fought - Yes Jonrowe - Yes Approved 7-0 Pitts - Yes Gonzalez - Yes O. Public Hearing and First Reading of an Ordinance for the voluntary annexation of an approximate 22.27 acre tract out of the Barney C. Low Survey, Abstract No. 385, and a 1.99- acre portion of Westinghouse Road, a right-of-way of varying width generally described to the City of Georgetown, Texas, with the initial zoning designation of Planned Unit Development (PUD) zoning district with base zoning of the Local Commercial (C-1), High Density Multi -Family (MF-2), and Low Density Multi -Family (MF-1) districts upon annexation, for the property generally located at 1100 & 1200 Westinghouse Road, to be known as the Johnson Place Planned Unit Development (PUD) -- Sofia Nelson, CNU-A, Planning Director Current Planning Manager Andreina Davila presented the item. She gave the history of the property ownership. The owner has now requested a new annexation request with a PUD Zoning and a Historic Landmark designation. She showed a location map and presented what the developer is proposing for this property. The applicant is seeking to incorporate the subject property into the city limits and entitle it for development for multi -family and commercial uses through a Planned Unit Development (PUD) district. Davila stated the purpose of the PUD is to create a well -planned commercial and residential district that compliments the surrounding land uses and offers well designed development, with respect for the history of the historic landmark designation. She reviewed the criteria used to review PUDs and showed how this development complies with 10 of the 11 criteria. P&Z made a recommendation to council for approval on March 9, 2021. Davila read the ordinance caption. Pitts questioned the proposed commercial development and connectivity. Gonzalez thanked the developer for responding to council's previous concerns and for putting a quality development on the ground. Mr. Brad Walters, the applicant, made a presentation about a balanced PUD being a better fit for this parcel than 100% commercial would be. He showed how there would be a transition from commercial to single-family residential along a major roadway. They believe the pedestrian transitions from each building to the commercial area is key to tying the areas together. Mr. Johnson, the owner of the parcels and requestor of the historic designation for his family home, approves of this development and is very grateful for the opportunity. They showed all the family photos of the people who have lived in the house since the 1860's. Mayor opened and closed the public hearing with no speakers coming forth. Motion by Gonzalez, second by Hood to approve an Ordinance for the voluntary annexation of an approximate 22.27 acre tract out of the Barney C. Low Survey, Abstract No. 385, and a 1.99-acre portion of Westinghouse Road, a right-of-way of varying width generally described to the City of Georgetown, Texas, with the initial zoning designation of Planned Unit Development (PUD) zoning district with base zoning of the Local Commercial (C-1), High Density Multi -Family (MF-2), and Low Density Multi -Family (MF-1) districts upon annexation, for the property generally located at 1100 & 1200 Westinghouse Road, to be known as the Johnson Place Planned Unit Development (PUD). Calixtro - Yes Fought - Yes Gonzalez - Yes Hood - Yes Pitts - Yes Approved 7-0 Triggs - Yes Jonrowe - Yes P. Public Hearing and First Reading of an Ordinance for the voluntary annexation of an approximate 56.65-acre tract of land out of the Isaac Donagan Survey, Abstract No. 178, with an initial zoning designation of Residential Single -Family (RS), for the property generally located at 3313 and 3321 W. SH 29 -- Sofia Nelson, CNU-A, Planning Director Nelson presented the report and showed the maps associated with the property, including the future land use and overall transportation plan, along with surrounding zoning areas and land use ratios. She showed the property meets the criteria of UDC design standards. Nelson explained the land use ratios proposed for the mixed use neighborhood. She outlined the notifications that were sent and posted and read the ordinance caption. Pitts asked questions and expressed concern about existing and future traffic issues, along with utility connection and availabilities in this area. Gonzalez expressed concern about Hwy 29 traffic as well. He asked about the requirement of the Traffic Impact Analysis and utility reviews. Nelson explained those would be completed at the platting stages as required by the code. Mayor opened and closed the public hearing with no speakers coming forth. Motion by Pitts, second by Gonzalez to approve an ordinance for the voluntary annexation of an approximate 56.65-acre tract of land out of the Isaac Donagan Survey, Abstract No. 178, with an initial zoning designation of Residential Single -Family (RS), for the property generally located at 3313 and 3321 W. SH 29 Calixtro - Yes Fought - Yes Gonzalez - Yes Hood - Yes Pitts - Yes Approved 7-0 Triggs - Yes Jonrowe - Yes Q. Public Hearing and First Reading of an Ordinance on a request for a Zoning Map Amendment to rezone 3.31 acres out of Lots 8 and 9 of the Georgetown Technology Park Subdivision, from the Local Commercial (C-1), Industrial (IN) and Agriculture (AG) zoning districts to the Industrial (IN) zoning district, for the property generally located at 4915 S IH 35 and 5 Sierra Way -- Andreina Davila -Quintero, AICP, Current Planning Manager Davila presented the item by showing location maps, including aerial, land use, zoning and transportation plans. She gave a definition of an Employment Center and what could be developed in that zoning district. She discussed the land use ratios that this property owner has proposed. She reviewed uses that would be permitted by right in the IN zoning district. Staff reviewed this development and found it to be compliant with the UDC development criteria and found it to be consistent with adjacent uses. P&Z recommended approval at the March 9 meeting. Davila read the ordinance caption. Mayor opened and closed the public hearing with no speakers coming forth. Motion by Pitts, second by Gonzalez to approve an Ordinance on a request for a Zoning Map Amendment to rezone 3.31 acres out of Lots 8 and 9 of the Georgetown Technology Park Subdivision, from the Local Commercial (C-1), Industrial (IN) and Agriculture (AG) zoning districts to the Industrial (IN) zoning district, for the property generally located at 4915 S IH 35 and 5 Sierra Way. Calixtro - Yes Hood - Yes Triggs - Yes Fought - Yes Pitts - Yes Jonrowe - Yes Gonzalez - Yes Approved 7-0 R. Consideration and possible action to approve an agreement for enforcement of workforce housing development standards between the City of Georgetown and Vida Apartments, LLC -- Susan Watkins, Housing Coordinator Watkins presented the development and the standards used for review. She gave the history of the development reviews and how the developer was amending and trying to meet the development standards. They are asking to increase impervious cover based on the workforce housing standard that the applicant reserves 10% of the units at 80% AMI (average median income). That will be 12 units total set aside. They will post $150k fiscal surety with the city for this standard. Pitts asked if they could pay for an increased impervious cover. Watkins said no. She also reported this is the first development to use these workforce housing standards. He asks if there is a way to verify what work the applicants would perform, to see if this is truly workforce housing. Ross Lupton, the applicant, stated that there will be a mix of rents in the complex and they are setting aside specific units across the development for workforce. Gonzalez expressed concern that the rate is not low enough to make it affordable for the general workforce, even with the reduction. Mr. Lupton states the UDC does not require the rents to be lower, just that the median AMI has to be lower for those units. Gonzalez does not feel this reduction in rents justifies the 10% increased impervious cover allowance. Triggs asked if those units will always be set aside. Lupton says they all must remain designated units and that vacancies in the other areas cannot change the designation. Motion by Calixtro, second by Jonrowe to approve the item as presented. Pitts asked Watson what a cost burden is in this area. Watkins explained that paying beyond 30% of gross income makes a cost -burden as defined by HUD. Fought explains that cost burden is hard to quantify in the public policy arena, versus the financial arena because of income transfers of subsidies and public policy. Pitts does not see that this development helps. Council discussed this further. Calixtro says we have to start somewhere. Jonrowe says she will support this development because they are meeting the requirements that were set out by council in the code for this type of development. Watkins explained that the maximum rent is in the agreement with this developer and is based on 80% AMI for this Williamson County area as opposed to HUD using the Austin Metro area. Mayor called the vote. Calixtro — Yes Fought — Yes Gonzalez — Yes Hood — Yes Pitts — Yes Approved 7-0 Triggs — Yes Jonrowe — Yes S. Consideration and possible action to approve a Resolution pursuant to Government Code § 2206.053 finding that portions of a called 2.75 acre tract, a called 0.38 acre tract, a called 12.003 acre tract designated as "Tract O", a called 12.003 acre tract designated as "Tract B", a called 12.003 acre tract designated as "Tract A", and a called 2.1244 acre tract designated as "Tract D", as described in Volume 639, Page 779, as well as portions of a called 22.9218 acre tract as described in the deed recorded in Document No. 2002100427, and a portion of that approximately 11.22 acre tract which is Lot 3D according to the Amended Conveyance Plat of Lot 1 & 3 Dry Berry Subdivision, recorded in Document No. 2012106529, are necessary for the Berry Creek Interceptor Project and authorizing eminent domain proceedings, if necessary, for acquisition of real property to effectuate certain public improvements -- Travis Baird, Real Estate Services Manager Baird presented the item and read the caption. Motion by Pitts, second by Hood to authorize the use of the power of eminent domain to acquire easement rights to portions of those 2.75 acre.0.38 acre, 12.003 acre, 12.003 acre, 12.003 acre, 2.1244 acre, 22.9218 acre and 11.22 acre tracts out of the John H. Berry Survey, as described in agenda item S, for the public purpose of constructing public utility infrastructure. Calixtro — Yes Fought — Yes Gonzalez — Yes Hood — Yes Pitts — Yes Approved 7-0 Triggs — Yes Jonrowe — Yes T. Second Reading of an Ordinance on a request for a Zoning Map Amendment to rezone an approximately 0.13-acre tract of land out of the Clement Stubblefield Survey, Abstract No. 558, also being known as a tract out of Block 65, Lost Addition, an unrecorded subdivision, from the from the Residential Single -Family (RS) zoning district to the Mixed -Use Downtown (MU-DT) zoning district, for the property generally located at 1103 Rock St -- Sofia Nelson, CNU-A, Planning Director Mayor recused himself and filed a Conflict of Interest Affidavit with the City Secretary. Mayor Pro-tem Pitts took over the meeting. Nelson read the ordinance caption. Jonrowe asked about heritage trees and any protection of those being considered. Nelson responded that any heritage trees will be considered and reviewed at the site plan and permit stages. Jonrowe asks the council to keep that in mind in the future. Jonrowe commented that incremental changes on single lots do have a cumulative impact on the neighborhood. Motion by Hood, second by Gonzalez to approve this Ordinance as presented. Calixtro - Yes Fought - Yes Gonzalez - Yes Hood - Yes Pitts - Yes Approved 7-0 Triggs - Yes Jonrowe - Yes Mayor Schroeder came back to the dais and took control of the meeting. U. Discussion and possible direction to staff to evaluate current roofing contractor registration process and fee associated therewith - Glen Holcomb, Chief Building Official Mayor asked Gary Brown, a local roofer, to speak. He owns a roofing company in Georgetown and asked that the council consider the proposed criteria to protect the local roofers and residents against other roofers who come in during weather events and who are not necessarily reputable. The local roofers suggest a background check or something to protect against criminal activity against residents who are unaware of the potential dangers and lack of warrantied work. They also propose a fee for registration in addition to permit fees, with a $500 annual renewal fee. They suggested a code of ethics and possible bond requirements. Pitts asked about consequences of not doing this and asked what is happening. Mr. Brown explained that the cost to roof a house here is so high that a "fly -by" roofer charges a large fee, collecting half up front before ever beginning work. Then they leave without completing the job, or even showing up. They do not warrant their work and residents do not know that they are sometimes getting a sub -par roof that will not last as long as a properly installed roof. He says it is not fair to the local roofers that are playing by the rules and these others are not. Calixtro asked how many roofs Mr. Brown repaired or replaced after the last storm? He estimated over five hundred. She questioned the current process of identifying roofers at this time. Holcomb responded and explained the process that the permitting department uses now. David Morgan explains this item is whether to direct staff to research and bring more information back. Fought supports this so that we can protect our citizens from criminal activity. Motion by Fought, second by Hood to direct staff to prepare a workshop for council to discuss further. Calixtro - Yes Fought - Yes Gonzalez - Yes Hood - Yes Pitts - Yes Approved 7-0 Triggs - Yes Jonrowe - Yes V. Consideration and possible action to approve a Steering Committees for the TRG and San Jose Neighborhood Plans -- Mayor Josh Schroeder Mayor Schroeder presented the lists of applicants. Triggs asked if they were all residents of those areas. Mayor responded that not all reside in the neighborhoods but expressed interest from the past or present. Nelson confirmed. She explained that the applicants were all connected to the specific neighborhood in some way and wanted to serve on the committee. Motion by Pitts, second by Triggs to approve the slate of members as presented. Calixtro - Yes Fought - Yes Gonzalez - Yes Hood - Yes Pitts - Yes Approved 7-0 Triggs - Yes Jonrowe - Yes 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. W. 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 - Retention of Kristina Silcocks as outside counsel for the Berry Creek Interceptor Project - Alamo Concrete Products Company Temporary Water Use Permit Application (WRTP 13743) Sec. 551.072: Deliberations about Real Property - Parcels 3, 12, & 13 --Travis Baird, Real Estate Services Manager Sec. 551.086: Certain Public Power Utilities: Competitive Matters - Competitive Matters - Purchased Power Update Sec. 551.087: Deliberation Regarding Economic Development Negotiations - Project Diana Sec. 551.074: Personnel Matters - City Attorney - City Manager Adjournment Motion by Hood, second by Fought to adjourn. Calixtro - Yes Hood - Yes Triggs - Yes Fought - Yes Pitts - Yes Jonrowe - Yes Gonzalez — Yes Approved 7-0 Adjourned at 9:01 p.m. Approved the Georgetown City Council on V Date Attest: City Secretary