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HomeMy WebLinkAboutMIN 04.12.2022 CC-RMinutes of a Meeting of the Governing Body of the City of Georgetown, Texas Tuesday,Aril12 2022 The Georgetown City Council met on Tuesday, April 12, 2022, at 6:00 PM at City Council Chambers located at 510 West 9th Street. 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 6:09 p.m. The following Council Members were in attendance: Mayor Josh Schroeder; Amanda Parr, Council Member District 1; Shawn Hood, Council Member District 2; Mike Triggs, Council Member District 3; Steve Fought, Council Member District 4; Kevin Pitts, Council Member District 5 and Mayor Pro Tem; Jake French, Council Member District 6; and Tommy Gonzalez, Council Member District 7. 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 - Councilman Pitts led the Pledge • Comments from the Mayor - The Mayor presented two proclamations. Telecommunicator Week Proclamation And Motorcycle Safety Month Proclamation • Announcements • Action from Executive Session - there was no action taken from Executive Session Mayor announced Item E was pulled from the Consent agenda and moved to the Regular Action agenda at the request of Councilman Pitts. Public Wishing to Address Council On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found on the table at the entrance to the Council Chamber. Clearly print your name and the letter of the item on which you wish to speak and present it to the City Secretary on the dais, prior to the start of the meeting. You will be called forward to speak when the Council considers that item. Only persons who have delivered the speaker form prior to the meeting being called to order may speak. Speakers will be allowed up to three minutes to speak. 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@georgetown.org. 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 Meetings held on March 22, 2022, and Special Meetings held on March 29 and April 5, 2022 -- Robyn Densmore, City Secretary D. Consideration and possible action to appoint Denora Perry as the resident commissioner to the Georgetown Housing Authority to fill a vacancy -- Mayor Josh Schroeder E. Consideration and possible action to approve a Licensing Agreement for Communications Attachments to City Facilities with Grande Communications, LLC -- Kress Carson; Electric Utility Analyst F. Consideration and possible action to approve the City's Depository Services Contract with Wells Fargo, N.A. for depository services for an initial term of two (2) years beginning May 1, 2022 through April 30, 2024 and to delegate authority to the City Manager to renew for one (1) two-year extension and one (1) one-year extension under the same terms and conditions for a maximum of five (5) years and to authorize the City Manager to execute additional agreements with Wells Fargo, N.A. required by the Depository Services Contract -- Elaine S. Wilson, Asst. Finance Director G. Consideration and possible action to approve a Municipal Service Agreement with Harmony Public Schools for the provision of municipal services, upon annexation, to an approximately 28-acres tract of land out of the Lewis J. Dyches Survey Abstract No. 180 and the Frances A. Hudson Survey Abstract No. 295, located approximately 2,700 feet south of SE Inner Loop with a portion of the tract adjacent to FM 1460 (2022-2-ANX) -- Sofia Nelson, Planning Director H. Consideration and possible action to approve a Municipal Service Agreement with the City of Georgetown for the provision of municipal services, upon annexation, to an approximately 18.522-acres tract of land out of the Joseph Fish Survey located approximately at 1010 Crockett Gardens (2022-5-ANX) -- Nat Waggoner, Assistant Planning Director -Long Range I. Consideration and possible action to approve a license agreement with Continental Homes of Texas, LP, for the placement of landscaping and trees within the right-of-way of Tipton Street, a public right-of-way within the Tres Tierras Subdivision, and to authorize the Planning Director to execute the same -- Lauren Boenig, Real Estate Services Coordinator J. Consideration and possible action to approve a license agreement with Continental Homes of Texas, LP, for the placement of landscaping and trees within the right-of-way of Halford Road, a public right-of-way within the Tres Tierras Subdivision, as well as the encroachment of an irrigation line crossing perpendicularly beneath the road, and to authorize the Planning Director to execute the same -- Lauren Boenig, Real Estate Services Coordinator K. Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to approve the purchase of fire and rescue equipment from Metro Fire Apparatus Specialist using the Buy Board Contract #603-20 at a total cost not to exceed $90,000 for the fiscal year 2021-2022 -- John Sullivan, Fire Chief L. Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to approve the purchase of emergency medical supplies from Bound Tree Medical LLC. using the Buy Board Contract #610-20 at a cost not to exceed $140,000.00 for the remainder of fiscal year 2021-2022 -- John Sullivan, Fire Chief M. Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to approve the purchase of emergency medical supplies from Life Assist Inc. using the Buy Board Contract #610-20 at a cost not to exceed $90,000.00 for the remainder of fiscal year 2021-2022 -- John Sullivan, Fire Chief N. Forwarded from the General Government and Finance Advisory Board (GGAF): Consideration and possible action to approve the purchase of uniforms from GALLS INC. using the Buy Board Contract #587-19 at a total cost not to exceed $160,000.00 for the fiscal year 2021- 2022 -- John Sullivan, Fire Chief O. Forwarded from Georgetown Electric Utility Advisory Board: Consideration and possible action to renew an annual agreement between the City of Georgetown and Credit Systems International, Inc as the 3rd party collection agency for Utility Customer delinquent accounts in an annual not to exceed amount of $100,000.00 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 not to exceed amount of $300,000.00 -- Letica Zavala, Customer Care Director P. Forwarded from Georgetown Electric Utility Advisory Board: Consideration and possible action to update the Electric Just -In Time Supplier Agreement with Techline to increase the not to exceed amount from $5,000,000 to $10,000,000 in order to accommodate with the additional material needs due to growth- Mike Westbrook, Electric Operations Manager Q. Second Reading of an Ordinance of the City of Georgetown adding Chapter 6.26 of the Code of Ordinances authorizing the operation of Pedicabs within the City; providing for a penalty pursuant to Chapter 1.08 of the Code of Ordinances and Resolutions; providing for a severability clause; providing for publication and setting an effective date; providing a sunset date -- Cory Tchida, Interim Police Chief R. Second Reading of an Ordinance on a request for a Special Use Permit (SUP) for Indoor Self -Storage in the Local Commercial (C-1) zoning district on the property located at 4402 Williams Drive, bearing the legal description of Lot 5-B1 of Amend Plat of Lot 5-A and 5-B, Eckerd's at Cedar Breaks Subdivision and Lot 6-A of Eckerd's Cedar Breaks Subdivision (2021-8- SUP) -- Sofia Nelson, Planning Director S. Consideration and possible action to approve a Resolution amending the Energy Risk Management Policy and implementing the accompanying sub -policies -- Daniel Bethapudi, General Manager of Electric Utility T. Consideration and possible action to approve a Resolution supporting a federal appropriations request for the widening of FM 971 from Gann Street to SH 130 -- Nick Woolery, Assistant City Manager Motion by Pitts to approve the consent agenda as posted. Second by Fought. Pitts then amended this motion to include Item P, pulling it from the agenda as requested by the applicant. Second by Fought for the amendment. The amendment was approved 7 - 0. The original motion, as amended was approved 7 - 0. Item E was brought forward. Kress Carson responded to Councilman Pitts' question regarding the item. He explained that this was a standard license agreement which would allow Grande Communications LLC to attach their lines to the city electrical poles. Motion by Councilman Pitts to approve Item E as presented. Second by Councilman Triggs. Approved 7 - 0. Legislative Regular Agenda U. Public Hearing and First Reading of an Ordinance on a request for a Special Use Permit (SUP) for the Accessory Dwelling Unit specific use in the Single -Family Residential (RS) zoning district, for the property located at 1808 Knight Street, bearing the legal description of Lots 3, 4, Block 5, Eubank Addition (2022-1-SUP) -- Nathaniel Waggoner, Assistant Director- Long Range Nat Waggoner presented the staff report. Mayor Schroeder opened the Public Hearing and with no speakers coming forth, closed the hearing. Motion by Councilwoman Parr to approve the Special Use Permit as written. Second by Councilman French. Approved 7 - 0. V. Public Hearing and First Reading of an Ordinance on a request for a Zoning Map Amendment to rezone 5.5 acres situated in the Antonio Manchaca Survey, Abstract No. 421, from the General Commercial (C-3) zoning district to the Planned Unit Development (PUD) zoning district with a base zoning of General Commercial (C-3), for the property generally located at the southwest corner of the IH-35 frontage road and CR 143 (2022-3-PUD) -- Travis Baird, Assistant Planning Director Travis Baird presented the application details. The application is for a PUD to allow a flagpole, originally requested 400 feet but now asking for 210 feet high, with an event center surrounding it. The proposed site plan was shown. Staff stated this application does not comply with any of the development code criteria for approval. The Planning and Zoning Commission approved this for Council action at their March 15 meeting. Council asked questions of Baird. Clarification of the code restrictions on flagpoles is 60 feet maximum height. Fought stated that a PUD zoning approval usually means that the city is getting something in return for the code deviation. He asked what the applicant was giving and was answered with nothing. Randy Mongold, the developer and project manager for this application made a presentation. He stated that several pieces of misinformation were given in the staff report. They are now proposing a 200-foot flagpole with a 35' x 70' flag. There will be two entrances from the frontage road, with plenty of room for RV's and busses, along with many other amenities. He stated they will schedule field trips for school children and others that are interested. He explained the layout, the lighting, pavers and funding mechanisms. Councilman Pitts asked how Mr. Mongold would keep this project from being political. Mr. Mongold showed the material of the wall and how it could easily be fixed if mistakes were made. Mr. Mongold was questioned about the operations costs and responded that the park would generate $1000 a day even though they would not be charging veterans. They would be funding the park through gate fees and donations. They currently have five members on the board of the non-profit organization. They plan to have a board of fifteen members in the future, but do not currently have a plan to fill those seats. Councilman Pitts asked why there were so many non -compliant items on the site plan. Mr. Mongold explained that three different planners had reviewed this project and so the information was not correct. He stated the city of Arlington approved a similar pole and they had not had any of these troubles and weren't all codes basically the same? Councilman Triggs asked if Mr. Mongold could promise that only the United States flag would ever be flown there. He was reminded by the City Attorney that the city cannot regulate content of the flag, only the size. Council expressed concern about that. Mayor Schroeder opened the public hearing. Jim Robinson, representing the Veteran's Memorial organization in Sun City, stated that they recommend support of this new memorial and do not believe this will be in conflict with the existing memorial. Larry Madick, believes this is going to be as well known as the Veteran's Memorial in Washington DC. He says this will bring visitors and education to the community, which will also bring money into the community. Gary Dennett is a retired veteran and spoke only as an "individual" but believes this memorial will be a statement that we believe in the freedom it represents. He believes Inspiration Point will bring prestige to Georgetown. Mayor Schroeder closed the public hearing with no more speakers coming forth. Council discussed the ability to limit the flag type on the pole and the ability to force the developer to post fiscal surety for long-term maintenance. Attorney Masson confirmed they cannot regulate the flag. Other options were suggested, even an option to postpone until the details could be confirmed. Mr. Mongold asked for a final answer. Motion by Councilman Pitts to deny the application for the Planned Unit Development as presented. Second by Councilwoman Parr. Councilman Pitts expressed concerns over the people who would be taking over the non-profit in the future. Councilman Gonzalez stated he could support a 60' flag pole in a C-3 zoning district as is allowed per code, but this application goes far beyond the criteria for approval in the Unified Development Code, and there is no control over future flags. Councilwoman Parr stated that she believes flying a flag is never a bad idea, but there are no checks and balances for this project and is concerned about the signage and bricks that are to be sold. Councilman French expressed the same concerns as other council members, about the maintenance and the location being so close to IH 35. Motion of denial was approved, 7 — 0. W. Public Hearing to consider the request for an Appeal of the Historic and Architectural Review Commission's decision to deny a Certificate of Appropriateness (COA) for the demolition of a medium priority historic structure at the property located at 412 E. 7th Street, bearing the legal description Lot 1, Glasscock's Second Addition (2021-64-COA) -- Sofia Nelson, Planning Director Sofia Nelson, Planning Director presented the staff report for this item. She showed the history of the house as staff could find it. The Historic Resource Survey shows the home was built between 1890 and 1912. Nelson showed aerial pictures and photos from the early mid-1900's. The Historic Resource Survey also showed that it was possible that this was a family home of George Washington Glascock, one of the original founders of Georgetown. The windows and siding have been replaced, the exterior materials have been changed but the limestone fireplaces and porch columns remain the same, original to the house. The demolition subcommittee of HARC found that nothing of the original house could be salvaged other than the lumber and chimneys. They also determined that this property does not have a style which would make it more significant to the city and surrounding neighborhood. The Planning Department received eight letters with three in opposition to the demolition. Council asked questions. Councilman French asked if the code does not allow demolition as a matter of convenience how is this justified. Councilwoman Parr if the demolition is for the purpose of expanding an adjacent back yard, then what is the reasoning. She also expressed concern that the applicant shows that the property was bought and then the demolition application was filed the next day. She expressed that demolition should not be the first step. Councilman Hood spoke about traditional reasons for allowing demolition and he felt that allowing a medium priority structure to be demolished to increase a back yard is not following protocols. Councilman Triggs stated he did not see any significance of the house. Councilman Gonzalez agrees and says he does not see anything worth preserving. Mayor Schroeder opened the Public Hearing. The owner and applicant of 412 E Th Street, Jim Miller spoke and stated the HARC disregarded the subcommittee's recommendation, they were unprepared for the discussion and that the historical significance applied to this house was inaccurate. He asked for the Council to overturn HARC's action. Council asked Mr. Miller if he would be able to restore any of the house, or salvage any of the original structure. He replied probably not. Mayor Schroeder called for a ten-minute recess. The Public Hearing was reconvened at 8:50 pm. Mike Cook, who has lived across the street from this property for 30 years likes the new neighbors and explained that when the owner for the majority of those years lived there, the property was not maintained well and he could see that it needed to be demolished. Liz Weaver, with additional time given by Ron Weaver, spoke and gave the history of the house that she discovered. She explained that there were only 84 of the original historic homes left from the 1890's. She asked that this house be saved and that HARC's findings be upheld. Brad Burns, with additional time given by Linda Burns, was not in favor of complete demolition. He stated he owns a historic home and knows how hard it is to work on these homes but that he would like to see them remove the inappropriate additions and add on to the historic remainder, renovating the house and making it sellable as a historic property. Carla Schaefer, asked that the council respect the historic character of the house, preserve and repair it, that any house that is still standing after 120 years is historically significant. She asked them to take it back to its original form. Jane Vedeen (sp?) owns one of the remaining homes on the same block and says that the council goal of "honoring our past and innovating for the future" does not include demolishing a house for the extension of another back yard. Lawrence Romero, says he know that historic properties take money and time and he knew Fred, the previous owner and sees that by losing another home on this block that the fabric of the community is changing. He wants this house rehabbed and doesn't want to lose another city asset. Mayor Schroeder closed the Public Hearing with no other speakers coming forward. Motion by Councilwoman Parr to uphold the HARC denial for total demolition but allow the non -historic portions of the house to be demolished. Second by Councilman French. Council debated the issues. French stated he did not like the trend of demolitions in Old T own and had concerns for longevity of the assets and questions the medium structure not showing any historic significance. Parr has seen properties that were unloved and was okay with demolition of those structures, but this is not one of those. She believes this can be rehabbed and utilized, which would be much better than putting up a fence along a major thoroughfare in Old Town. Hood says the silhouette of the house has not changed and is recognizable and he supports the motion to protect this resource and does not want to deprive the city of its history. Pitts says that looking at the historic resource, he does not see the significance since it does not have a specific significant person or history attached to it. Triggs agrees with staff that this property no longer has historic significance. Gonzalez says history is important to him, but it is also important to not create faux history. Vote on Parr's motion to uphold HARC's denial. Approved - Parr, French, Hood. Opposed - Pitts, Fought, Triggs and Gonzalez. Motion fails. Motion by Gonzalez, second by Parr to allow the demolition, overturning HARC's vote, but that the framing, flooring and chimney stones be salvaged to the extent feasible. Parr asks to amend to include that an archive document with a floor plan and photos be provided to the City prior to the issuance of the Certificate of Appropriateness. Second by Hood. Vote on Amendment approved 7 - 0. Vote on original motion as amended: Pitts, Fought, Triggs and Gonzalez approve; Parr, French and Hood opposed. Motion passes. X. Public Hearing and First Reading of an Ordinance for the voluntary annexation of a 5.815 acre tract out of the L.J. Dyches Survey Abstract No. 180 with an initial zoning to the Industrial (IN) zoning district for the property generally located south of Blue Springs Boulevard and east of Rabbit Hill Road (2021-18-ANX) -- Sofia Nelson, Planning Director Nat Waggoner, Assistant Director, Long Range presented the staff report which included maps and compliance with the Comprehensive Plan and Unified Development Code Section 3.06.030. The applicant is asking for Industrial zoning to place an employment center use on this property, including warehouses and storage. This would be located on the lot directly east of the travel center and would not have direct access to the frontage road. This application partially complies with the comprehensive plan and would be putting the area close to the 80% maximum use of non-residential properties. He also cited this is less than a mile from residential neighborhoods and does not match the character of the area. The suitability of this property near Rabbit Hill Road is not there. He explained the required notices were sent and no comments were received. Planning and Zoning Commission recommended approval. Mayor Schroeder opened the Public Hearing and closed it with no speakers coming forth. Motion by Councilman Gonzalez to approve the annexation as presented. Second by Councilman Triggs. Approved 7 - 0. Y. First Reading of an Ordinance amending Chapter 2.48 of the Code of Ordinances, titled "Planning and Zoning Commission", relating to membership of alternate members - Sofia Nelson, Planning Director Sofia Nelson presented the item, sharing that the change in bylaws is requested to allow alternates to serve as voting members when any seat is vacant, not just when a quorum is needed, as is current practice. Nelson read the Ordinance caption. Motion by Councilman French to approve the Ordinance as presented. Second by Councilman Hood. Approved 7 - 0. Z. First Reading of an Ordinance relating to approvals, processing, and requirements for plats and plans pursuant to Chapter 212 of the Local Government Code; repealing conflicting ordinances and resolutions; making such other findings and provisions related to the subject; and declaring an effective date -- Sofia Nelson, Planning Director Sofia Nelson presented the item, explaining this recommendation is a result of the shot clock changes to allow minor plats and administrative plats to be approved by the Director instead of going to the Commission, if a waiver is signed by the applicant. This would allow a shorter turnaround time for most applicants. Motion by Councilwoman Parr to approve the Ordinance as presented. Second by Councilman Gonzalez. Approved 7 - 0. AA. First reading of an Ordinance amending Chapter 13.04.018, Section B related to metering practices for Net Energy Metering of Distributed Energy Resources -- Daniel Bethapudi, General Manager of Electric Utility; and Leticia Zavala, Customer Care Director Daniel Bethapudi stated this was the Ordinance which was explained and presented during the Workshop session. He read the Ordinance caption. Motion by Councilman Hood to approve the Ordinance as read. Second by Councilwoman Parr. Approved 7 - 0. 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. BB. 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. 551.086: Certain Public Power Utilities: Competitive Matters - Energy risk management sub -policies Sec. 551.072: Deliberations about Real Property - Fire Station 7 Access Easement -- Jim Kachelmeyer, Assistant City Attorney - Block 27, property located near the corner of 6th Street and Austin Avenue - Block 39, City -owned property located at the corner of 6th Street and Main Street and at 111 East 7th Street Sec. 551.087: Deliberation Regarding Economic Development Negotiations - Project Man of Steel - Economic Development Projects Update Adjournment Motion by Councilman French, second by Councilwoman Parr to adjourn. Mayor Schroeder adjourned the meeting at 9:54 p.m. Approved by threorgetown City Council on C� Date Josh Attest: City Secretary