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HomeMy WebLinkAboutMIN 08.10.2021 CC-RNotice of a Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, August 10, 2021 Prior to calling the meeting to order, an invocation was performed by Jim Kuykendahl with Celebration Church. The Georgetown City Council will meet on Tuesday, August 10, 2021 at 6:00 PM at 510 West 9th Street — City Council Chambers. 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 Schroeder called the meeting to order at 6:01 p.m. The following Council Members were in attendance: Mayor Josh Schroeder; Amanda Parr, Council Member District 1; Steve Fought, Council Member District 4; Kevin Pitts, Council Member District 5; and Tommy Gonzalez, Council Member District 7. Shawn Hood, Council Member District 2; Mike Triggs, Council Member District 3 were absent, and District 6 is vacant. A quorum of Council Members was present in Council Chambers 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 Pledge of Allegiance Comments from the Mayor - Recognition of Elizabeth Hinds for her Service on Friends of the Georgetown Animal Shelter - Purple Heart Proclamation Announcements Action from Executive Session Motion by Pitts to waive the conflict of foley and Ladner, LLP in the matter of the acquisition of wastewater easement over a portion of property owned by David Swegmann and Katherine Swegmann for the Berry Creek Interceptor project, as discussed in Executive Session, second by Fought. Parr - Yes Hood - Absent Triggs - Absent Fought - Yes Pitts - Yes District 6 - Vacant Gonzalez - Yes Approved 4-0 (Hood and Triggs absent and District 6 vacant). Motion by Pitts to authorize the City Manager to send a Notice of Breach to Confido III, LLC, and, if the breaches are not cured within 60 days, to terminate the Economic Development Incentive Agreement between the Georgetown Transportation Enhancement Corporation and Confido III, LLC, dated effective March 26, 2019, as discussed in Executive Session, second by Fought. Parr - Yes Hood - Absent Triggs - Absent Fought - Yes Pitts - Yes District 6 - Vacant Gonzalez - Yes Approved 4-0 (Hood and Triggs absent and District 6 vacant). Motion by Pitts to authorize the City Manager to send a Notice of Breach to Confido III, LLC, and, if the breaches are not cured within 60 days, to terminate the Economic Development Incentive Agreement between the Georgetown Economic Development Corporation and Confido III, LLC, dated effective March 26, 2019, as discussed in Executive Session, second by Parr. Parr - Yes Hood - Absent Triggs - Absent Fought - Yes Pitts - Yes District 6 - Vacant Gonzalez — Yes Approved 4-0 (Hood and Triggs absent and District 6 vacant). Public Wishing to Address Council On a subject tha t 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. 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@ eor etown.or . Speakers will be allowed up to three minutes to speak. B. At the time of posting no one had signed up to speak. 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 meeting minutes for the Workshop and Regular Council meetings held on July 13, 2021, July 27, 2021, and Special Budget Workshop held on July 26, 2021 -- Robyn Densmore, City Secretary D. Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to approve a Construction Contract with Fineline Electric, Inc. of Georgetown, Texas for the Construction of Georgetown Municipal Complex Renovation Phase I, in the amount of $382,777.00 -- Eric Johnson, Public Works Director. E. Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to approve the purchase and installation of furniture from Core Office Interiors, through the Buyboard Contract # 584-19 in the amount of $51,964.92 -- Eric Johnson, Public Works Director F. Forwarded from General Government & Finance Advisory Board (GGAF): Consideration and possible action to approve an annual agreement between the City of Georgetown and DataProse LLC for utility bill printing and mailing services with an annual not to exceed amount of $400,000.00 and to authorize the City Manager to execute renewals of the agreement for up to two additional one-year terms with the same terms and conditions for a total 3-year contract not to exceed amount of $1,200,000.00 -- Cindy Pospisil, Customer Care Manager, Leticia Zavala, Customer Care Director G. Forwarded from General Government & Finance Advisory Board (GGAF): Consideration and possible action to approve a licensing Subscription Order form with Workday for an initial term of one year for $465,852.00 and authorize the City Manager to execute up to three one-year renewals of the Subscription Order Form for a total cost of $1,963,407.00 -- Leigh Wallace, Finance Director and Workday Governance Committee Chair H. Consideration and possible action to approve an Amendment to the existing Framework Agreement, Section 17.1, and Software License Agreements, Section 15.2, with Itineris, North America to extend the duration of the contract previously entered between the City of Georgetown and Itineris, N.A on May 24, 2016 for an additional five years -- Leticia Zavala Jones, Customer Care Director I. Consideration and possible action to approve a resolution expressing official intent to reimburse costs related to the construction of the GMC Renovation in an amount not to exceed $250,000.00 with proceeds from bonds that will be issued in the Spring of 2022 -- Leigh Wallace, Finance Director J. Consideration and possible action to accept the annual sales tax use certification requirement for the Texas Property Tax Code -- Nathan Parras, Assistant Finance Director Motion by Pitts to approve the Consent Agenda as presented, second by Gonzalez. Parr - Yes Hood - Absent Triggs - Absent Fought - Yes Pitts - Yes District 6 - Vacant Gonzalez - Yes Approved 4-0 (Hood and Triggs absent and District 6 vacant). Legislative Regular Agenda K. First public hearing for the annexation of approximately 39.969 acres of City -owned Right -of - Way situated in part in the Joseph Thompson Survey, Abstract No. 608, and known as the Southwest Bypass -- Nat Waggoner, PMP, AICP, Assistant Planning Director - Long Range Waggoner presented the item and reviewed the Location Map, annexation process, and tentative schedule. Waggoner read the caption. Mayor Schroeder opened and closed the public hearing at 6:13 p.m. as there were no speakers. No Council action was required for this item. L. First public hearing for the annexation of approximately 20 acres of City -owned Right -of -Way situated in part in the J Patterson Survey Abstract No. 502 and Barney C Low Survey Abstract No. 385, to be known as Westinghouse Rd -- Nat Waggoner, PMP, AICP, Assistant Planning Director - Long Range Waggoner presented the item and reviewed the Location Map, annexation process, and tentative schedule. Waggoner read the caption. Mayor Schroeder opened and closed the public hearing at 6:15 p.m. as there were no speakers. No Council action was required for this item. M. Public Hearing and First Reading of an Ordinance on a request for a Zoning Map Amendment to rezone 49.890 acres in the David Wright Survey, Abstract No.13, from the Agriculture (AG) zoning district to the Industrial (IN) zoning district, for the property generally located at 2553 N IH-35 -- Sofia Nelson, CNU-A, Planning Director Nelson presented the item and reviewed the Aerial Map; Zoning Map; Industrial (IN) zoning explanation; industrial uses permitted by right, with limitations, and with an SUP; Future Land Use/Overall Transportation Map; Employment Center (EC) explanation; land use ratios for Employment Center; and the application complies or partially complies with all aspects of the approval criteria for UDC Section 3.06.030. She added that public notifications were sent to eight property owners within the 300-foot buffer and notice was published in the Williamson County Sun Newspaper on July 4, 2021; and signs posted on the property where staff has to date, staff has received one written comment in favor and zero written comments in opposition. Nelson stated that at their July 20, 2021 meeting, the Planning and Zoning Commission recommended approval of the request (7-0). Nelson read the caption. Mayor Schroeder opened and closed the public hearing at 6:18 p.m. as there were no speakers. Motion by Pitts to approve the item as presented, second by Gonzalez. Parr - Yes Hood - Absent Triggs - Absent Fought - Yes Pitts - Yes District 6 - Vacant Gonzalez - Yes Approved 4-0 (Hood and Triggs absent and District 6 vacant). N. Public Hearing and First Reading of an Ordinance on a request for a Zoning Map Amendment to rezone 1.377 acres in in the Antonio Flores Survey, Abstract No. 235, from the Agriculture (AG) district to the Local Commercial (C-1) district, for the property located at 550 Stadium Drive -- Sofia Nelson, CNU-A, Planning Director Nelson presented the item and reviewed the Aerial Map; Zoning Map; Local Commercial (C- 1) zoning explanation; C-1 uses permitted by right, with limitations, and with an SUP; Future Land Use/Overall Transportation Map; Mixed Density Neighborhood (MDN) zoning explanation; land use ratios for Mixed Density Neighborhood; and complies with all areas of the approval criteria with UDC Section 3.060.030. She added that public notifications were made with signs posted on the property and to date, staff has received zero written comments in favor and zero written comments in opposition. She stated that the Planning and Zoning Commission recommended approval of the request. Nelson read the caption. Mayor Schroeder opened and closed the public hearing at 6:23 p.m. as there were no speakers. Motion by Gonzalez to approve the item as presented, second by Parr. Parr - Yes Hood - Absent Triggs - Absent Fought - Yes Pitts - Yes District 6 - Vacant Gonzalez - Yes Approved 4-0 (Hood and Triggs absent and District 6 vacant). O. Public Hearing and First Reading of an Ordinance on a request for a Zoning Map Amendment to amend the Northpark130 PUD to expand the PUD onto an additional 27.854 acres within the David Wright Survey, Abstract No. 13, and the John Berry Survey, Abstract No. 51, for the property generally located at 570 SH 130 -- Sofia Nelson, CNU-A, Planning Director Nelson presented the item and reviewed the Aerial Map; Zoning Map; Future Land Use/Overall Transportation Plan Map; Region Center (RC) explanation; land use ratios for Region Center; Highway Image Corridor rendering; existing PUD site plan and zone breakdown; proposed amendment details; uses removed from the base zoning via the PUD as an enhancement; how the application complies or partially complies with all aspects of the approval criteria for UDC Section 3.06.030; and how the application complies, partially complies, or does not with all aspects of the approval criteria for UDC Section 3.06.040. She added that public notification was sent to 96 property owners within the 300-foot buffer with notice placed in the Williamson County Sun Newspaper on July 18, 2021; and signs were posted on the property and to date, staff has received zero written comments in favor and zero written comments in opposition. Nelson stated that at their August 3, 2021 meeting, the Planning and Zoning Commission (P&Z) recommended approval of the request (4-0-1). Nelson read the caption. Gonzalez asked for clarification on the 4-0-1 vote by P&Z. Nelson responded that one of the members abstained due to conflict of interest. Gonzalez asked that in the future that type of information be provided. Sal Paldermo with Titan Development addressed the Council and noted the reason for the requested amendment. Mayor Schroeder opened and closed the public hearing at 6:36 p.m. as there were no speakers. Motion by Pitts to approve the item as presented, second by Gonzalez. Parr - Yes Hood - Absent Triggs - Absent Fought - Yes Pitts - Yes District 6 - Vacant Gonzalez - Yes Approved 4-0 (Hood and Triggs absent and District 6 vacant). P. Public Hearing and First Reading of an Ordinance approving and adopting the final 2021 Amended and Restated O&M Service and Assessment Plan, 2021 Assessment Roll, establishing classifications for the apportionment of costs and the methods of assessing special assessments for the services and improvements to property in the Georgetown Village Public Improvement District No. 1 (GVPID), closing the hearing and levying assessments for the cost of certain services and improvements to be provided in the GVPID during FY22, fixing charges and liens against the property in the GVPID and against the owners thereof, and providing for the collection of the assessments -- Allison, Snyder, Vice President, P3Works, LLC, City of Georgetown's PID Administrator Snyder presented the item and reviewed the Service plan; the levy of assessment which is no change from previous years and equal to $0.14 per $100 valuation; and the GVPID assessment where Public Hearing notices were mailed to all property owners within the district and published in the newspaper on July 28th, 2021. She added that as of today, no written comments have been received and the GVPID Advisory Board recommended approval of the final 2021 Amended and Restated Service and Assessment plan on June 14th, 2021. David Morgan, City Manager read the caption. Mayor Schroeder opened and closed the public hearing at 6:42 p.m. as there were no speakers. Motion by Fought to approve the item as presented, second by Gonzalez. Parr - Yes Hood - Absent Triggs - Absent Fought - Yes Pitts - Yes District 6 - Vacant Gonzalez - Yes Approved 4-0 (Hood and Triggs absent and District 6 vacant). Q. Consideration and possible action to approve on first and final reading an "Ordinance Authorizing the Issuance of City of Georgetown, Texas General Obligation Bonds, Series 2021A; Levying 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 Issuance of the Bonds" - - Nathan Parras, Assistant Finance Director Parras presented the item and noted that members of the City's bond counsel were in the audience. He explained that these bonds are for voter approved items and totals $28 million with about $21 million being 2021 transportation authorizations, $3 million from the 2015 transportation authorization, and $4 million as part of the 2008 transportation authorization. Parras continued that staff is seeing rate stabilization in the market and provided the competitive sale results. Parras read the caption. Motion by Parr to approve the item as presented, second by Gonzalez. Parr - Yes Hood - Absent Triggs - Absent Fought - Yes Pitts - Yes District 6 - Vacant Gonzalez - Yes Approved 4-0 Wood and Triggs absent and District 6 vacant). R. Consideration and possible action to approve a resolution expressing official intent to reimburse costs related to the design, land acquisition, and construction in an amount not to exceed $7,000,000.00 with proceeds from bonds that will be issued in the Summer of 2021 -- Nathan Parras, Assistant Finance Director Parras presented the item and noted that both Item Q and R and within the proposed tax rate. Parras read the caption. Motion by Gonzalez to approve the item as presented, second by Pitts. Parr - Yes Hood - Absent Triggs - Absent Fought - Yes Pitts - Yes District 6 - Vacant Gonzalez - Yes Approved 4-0 (Hood and Triggs absent and District 6 vacant). S. Consideration and possible action to set the maximum tax rate and adopt the proposed 2021 (FY2022) property tax rate on a future agenda -- Leigh Wallace, Finance Director Wallace presented the item and noted that tonight only sets the possible maximum tax rate. She added that this is part of the Truth in Taxation process set out by the State and provided the required procedures. Wallace read the caption. Motion by Pitts to set the maximum property tax rate of 40.1250 centers per $100 valuation, equaling 16.1569 cents for Maintenance and Operation and 23.9681 cents for Debt Service, and adopt the tax rate as an action item at the September 14, 2021 and September 28, 2021 Council meetings to be held at 6:00 p.m. at City Council Chambers, at 91h and Martin Luther King Jr. Street, Georgetown, Texas, second by Fought. Robyn Densmore, City Secretary, performed a roll call vote. Parr - Yes Hood - Absent Triggs - Absent Fought - Yes Pitts - Yes District 6 - Vacant Gonzalez - Yes Approved 4-0 (Hood and Triggs absent and District 6 vacant). T. Consideration and possible action to set the date for the public hearing on the proposed 2021 (FY2022) property tax rate -- Leigh Wallace, Finance Director Wallace presented the item and noted that it is also related to State law like Item S. Wallace read the caption. Motion by Pitts to set the date for the public hearing on the property tax rate, as required by law, to be held on Tuesday, September 14 at 6:00 p.m., at City Council Chambers located at 91h and Martin Luther King Jr. Street, Georgetown, Texas, second by ???. Parr - Yes Hood - Absent Triggs - Absent Fought - Yes Pitts - Yes District 6 - Vacant Gonzalez - Yes Approved 4-0 (Hood and Triggs absent and District 6 vacant). U. Consideration and possible action to approve a Resolution ordering a Local Option Election to legalize the sale of all alcoholic beverages, including mixed beverages, to be held on November 2, 2021, and establishing procedures for said election -- Robyn Densmore, City Secretary Densmore presented the item and explained the background for Local Option Elections, current wet/dry status for alcohol sales, the need for the election, and the petition requirements. She noted that the petition received did meet more than the minimum requirement for signatures. Gonzalez asked what prompted the petition. Densmore responded that the City Secretary's Department was approached by a petition company that was hired by H-E-B. Parr asked what the petition language would say. Densmore responded by reading the ballot language provided in the resolution. Gonzalez noted that the intended to vote against the item because he did not feel that the petitioners were honest in the language they were using when collecting signatures. Densmore noted that she was not sure if Council could not pass the resolution. Discussion among Council and staff related to what vote would be needed to pass the resolution. Skye Masson, City Attorney asked for a brief recess to research the wording of the State law. Mayor Schroeder recessed at 7:00 p.m. to allow Masson an opportunity to research the issue. Mayor Schroeder reconvened the meeting at 7:08 p.m. and then immediately recessed into Executive Session to discuss the issue with the City Attorney. Mayor Schroeder reconvened the meeting at 7:15 p.m. Masson explained that based on State law, once the signatures have been verified, the City shall call the election. Motion by Pitts to approve the item as presented, second by Parr. Gonzalez noted that he is required to vote for the item based on advice from his Legal counsel, but he still disagreed with the item at hand. Parr - Yes Hood - Absent Triggs - Absent Fought - Yes Pitts - Yes District 6 - Vacant Gonzalez - Yes Approved 4-0 (Hood and Triggs absent and District 6 vacant). V. Second Reading of an Ordinance ordering an Election to be held on November 2, 2021, for the purpose of submitting to the voters of the City, certain proposed amendments to the City Charter -- Skye Masson, City Attorney Masson presented the item and noted that there had been no changes since the first reading. She noted that the ordinance did include the proposed proposition language. Masson read the caption. Motion by Fought to approve the item as presented, second by Parr. Parr - Yes Hood - Absent Triggs - Absent Fought - Yes Pitts - Yes District 6 - Vacant Gonzalez - Yes Approved 4-0 (Hood and Triggs absent and District 6 vacant). W. Discussion and possible action to direct staff to prepare an amendment to the Council Compensation Ordinance to include attendance requirements -- Kevin Pitts, Councilmember District 5; Shawn Hood, Councilmember District 2; and Amanda Parr, Councilmember District 1 Pitts presented the item and explained that he feels that Council members should be held to at least the same requirements as boards and commission members. He added that he would like for staff to draft an attendance policy for Council. Parr added that she didn't intend for the policy to be punitive, but instead to hold Council accountable to taxpayers. Fought agreed with the sentiments and applauded the effort. He asked that staff focus on regularly scheduled meetings and allow for excused absences. Gonzalez agreed with the regularly scheduled meetings but didn't feel the excused absence language was needed. Motion by Pitts to direct staff to prepare an amendment to the Council Compensation Ordinance to include attendance requirement, second by Parr. Pitts noted that Council should discuss all options, including those posed by Council members at this meeting, at a future meeting to build consensus. Parr - Yes Hood - Absent Triggs - Absent Fought - Yes Pitts - Yes District 6 - Vacant Gonzalez - Yes Approved 4-0 (Hood and Triggs absent and District 6 vacant). 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. X. 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 - Foley and Lardner, LLP waiver of lienholder conflict for Berry Creek Interceptor, Parcel 12 - Indemnity Agreement with 3CPL Holdings, LLC Sec. 551.086: Certain Public Power Utilities: Competitive Matters - Purchased Power Update Sec. 551.087: Deliberation Regarding Economic Development Negotiations - Project Flex Power - Project Access Adjournment Motion by Parr to adjourn, second by Pitts. Parr - Yes Hood - Absent Triggs - Absent Fought - Yes Pitts - Yes District 6 - Vacant Gonzalez - Yes Approved 4-0 (Hood and Triggs absent and District 6 vacant). Mayor Schroeder adjourned the meeting at 7:24 p.m. Approved by the Georgetown City Council on �L.LC,rt�[_,5� zli`tL-� Z O Z 1 Date 1 Attest: C y Secretary