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