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