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HomeMy WebLinkAboutMIN 11.08.2022 CC-RMinutes of the City Council City of Georgetown, Texas Tuesday, November 8, 2022 The Georgetown City Council met on Tuesday, November 8, 2022 at 3:30 PM at Council and Court Building, 510 W. 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. The following Members were in attendance: Present were: Josh Schroeder, Amanda Parr, Shawn Hood, Mike Triggs, Kevin Pitts, Joseph (fake) French IV, Ron Garland, Ben Stewart 1. Policy Development and Discussion - Workshop 1.A Short -Term Rentals Regulation Presentation and discussion of short-term rentals --Jessica Clarke, Assistant to the City Manager Jessica Clarke provided the presentation. She discussed current regulations for Short Term Rentals (STR), possible direction requested and why we are asking to regulate STRs. There are certain risks of STR Regulation and these continue to evolve. Successful STRs promote tourism and higher regulations could affect that. Legal issues continue to evolve and higher regulations require more staff hours to manage the program. There are different levels of regulation among our peer cities. Ranking from low or no regulation, moderate registration with moderate requirements and then high levels of regulation. The most restrictive area is Austin, followed by Denton, Arlington, Marble Falls and San Marcos being the lowest. All cities require an annual permit with fee, a HOT Payment, a 24/7 local contact and a good neighbor brochure. But not all cities require site inspections, letters to neighbors, density restrictions and liability insurance. The best fit and example of what staff is proposing is from Grand Prairie, Texas. Their permit registration is regulated by Code Compliance. Staff recommends low to moderate regulation. They suggest an annual permit with online registration and fee with HOT payment through the same online platform. At time of application, the STIR owner must provide at a minimum the owner contact information, contact of a 24-hour local representative, HOT payment verification, site plan showing parking spaces, a floor plan with bedroom layout and emergency evacuation routes and proof of insurance with a minimum $1 M coverage. .... Applicants must follow City's advertising and publication (e.g. permit number, occupancy limits) We would have a notification of neighbors requirement and a Good Neighbor letter to list a 24 hour call number. Staff is looking at an STIR Tracking software. This would allow emails to the current 222 owners, allow online registration and fee payments and this would be paid for by the online permit fee. This is recommended for the initial regulation and if needed in the future, the program can be expanded to allow or accommodate more regulations and restrictions. French asked why we would require insurance. He is not necessarily for that requirement, but wants to insure collection of taxes and fees. Not for increased regulations, including inspections of properties. Concerned about over regulating. Supports regulations in general. Parr thanked everyone for presenting this information. This is not an issue today, but we need to be regulating everyone equitably. Also likes the notification feature of the Good Neighbor program and neighbor notifications. She also believes that there should be penalties if operating without a permit. Hood likes the Grand Prairie model and questioned the fee. He wants the HOT tax so wants the registration, but does not want to over charge the permit fee. Maybe a scaled fee would work. Does not want the on -site inspection. Pitts asked about the software. Clarke explained the software/program would track actual rentals and it would notify us if people are not registering. Pitts is also concerned about the parking and wants the requirements to be clear to residents and owners. He questioned which department would manage this. That is not decided yet. He is supportive of the program. Garland expressed that this is an important issue and believes we need to educate not only the STIR owners, but also to the public. He wants to start the program immediately, but not include the on -site inspections. Triggs wants to start with lower regulations. He also feels it is important to require insurance for protections, possibly indemnity clauses. Mayor asked if the program could verify the insurance. It is sometimes difficult to regulate the insurance piece. Clarke says we will have to work through that issue. Stewart says he is leaning toward the low end of regulation, based on the fact that residential property rights are then being turned into a business which should have more regulations. He asked if the city could be held liable. Masson stated we will review the restrictions and liability clauses of their registration. Pitts would like to possibly share information with HOA's and make sure they know what the regulations are. He also wants to look at the duration of a rental and see if there is a way to differentiate from a once a year rental to an every weekend rental. He also asked for a sunset provision if this ordinance is passed. Williams Drive Mobility Enhancements Project Overview Presentation and discussion of the proposed scope of work for the Williams Drive Mobility Enhancements Project - Lua Saluone, P.E., Transportation Manager Lua Saluone provided an overview of the process and introduced the team working on the project. The City Team includes Wesley Wright, Lua Saluone, Nat Waggoner, Mayra Cantu, Keith Hutchinson, an internal staff working group and a Consultant Team. Several departments will be assisting with this project. They have already been working with other outside Agencies and stakeholders. The project limits are from DB Woods at Hwy 29 to Williams Drive for the Access Management and Intersections portion of the project. A lighting enhancement project is also being considered. Saluone provided the background and how the funds were received and allocated. He explained the Tools for Engagement and then asked for feedback. Is there anything missing from the Public Engagement Plan? Is there anything missing from the anticipated project scope? And are there any questions regarding the ptrh forward. Stewart thinks this will have lot of public engagement and appreciates the ability for the public to participate. Triggs asked if the money will be sufficient. Saluone explained the scope is pretty clear and funding is based on certain developments and implementation. D. Morgan explained that this is a major project and purposefully put at the end of the road bond issues. He said there will be a lot of public engagement which will draw some of the timing out. Triggs says he doesn't believe the funding allows for many delays and that the sooner this is done the better. Garland thinks this is one of the most important projects that will be undertaken in the near future, with the impact on so many people and businesses on Williams Drive. So many people are asking when this will happen and he appreciates the information to give them. Pitts asked when the diverging diamond will be completed. Wright says the diamond will be done in 2024 and Williams Drive Study will take a year and then the work will begin farther west so there will not be any duplication of construction zones in that area. Pitts has concerns about the businesses being built that are concerned about access. Concern was for the old McCoy Elementary school site and their access plans. Hood says he worked with those developers and they understand the access requirements. He is encouraged that this is happening and thinks it can't be soon enough. Parr asked about the pop-up events that are mentioned in the Public Engagement piece. Saluone explained they (staff) could go to HOA meetings if asked. Or attend events as available. Parr said that this is good and council agrees that going to the people instead of expecting people to go to a site for a presentation is important. Williams Drive is important for a large portion of the city. French thinks the public engagement strategy is good. Schroeder explained that not everyone can have a curb or median cut, but council understands that and cannot make everyone happy. He is glad that this project is happening with the ultimate goal of improving access for everyone. 1.0 Review of Library's 2023-2026 Strategic Plan Presentation and discussion regarding the Library's 2023-2026 strategic plan -- Sally Miculek, Library Services Director This item was postponed until the next regular meeting. 2. Executive Session In compliance with the Open Meetings Act, Chapter 551, Texas Government Code, Vernon's Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session. 2.A Executive Session 11.08.2022 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 - Settlement Agreement between City and Shell Energy North America (US), L.P. regarding Brazos Electric Cooperative, Inc. bankruptcy payment -Attorney General Request for Opinion RZ-0481-KP - Georgetown Salamander Sec. 551.072: Deliberations about Real Property - Amendment of Purchase and Sale Agreement with Block 27, LLC - SE Park Acquisition Update - Southeast Inner Loop ROW acquisitions Sec. 551.086: Certain Public Power Utilities: Competitive Matters - Shell Energy Sec. 551.074: Personnel Matters - City Attorney Check -in Moved by Kevin Pitts; seconded by Ben Stewart to Approve to authorize the City Attorney to retain Rebecca Hays Barho with Nossaman LLP to represent the City in matters related to the Georgetown Salamander on the terms discussed in Executive Session.. Motion Approved: 7- 0 Voting For: Amanda Parr, Shawn Hood, Mike Triggs, Kevin Pitts, Joseph (fake) French IV, Ron Garland, Ben Stewart Voting Against: None Moved by Kevin Pitts; seconded by Joseph (fake) French IV to Approve to authorize the City Attorney to submit a Supplemental Brief to the Texas Attorney General on the Pending Attorney General Opinion Request RQ-0481-KP submitted by Senator Bettencourt on behalf of the City of Georgetown.. Motion Approved: 7- 0 Voting For: Amanda Parr, Shawn Hood, Mike Triggs, Kevin Pitts, Joseph (fake) French IV, Ron Garland, Ben Stewart Voting Against: None Moved by Kevin Pitts; seconded by Ben Stewart to Approve to approve a resolution authorizing the Mayor to sign the Release and Settlement Agreement between the City and Shell Energy North America (US), L.P. relating to the Brazos Electric Cooperative, Inc bankruptcy payment.. Motion Approved: 7- 0 Voting For: Amanda Parr, Shawn Hood, Mike Triggs, Kevin Pitts, Joseph (fake) French IV, Ron Garland, Ben Stewart Voting Against: None 3. Regular Session - This portion of the Council meeting will begin no earlier than 6:00 p.m. This Regular Session may, at anytime, be recessed to convene in Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551. 3.A Call to Order 11.08.2022 Pledge of Allegiance Comments from the Mayor - Small Business Saturday Proclamation - Municipal Court Week Proclamation Announcements Action Out of Executive Session Mayor Schroeder called the regular meeting to order at 6:05 pm. Coouncil member French led the pledges. Mayor presented the Shop Small Proclamation and the Proclamation for Municipal Court Week. 4. 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. If you wish to speak for six minutes, it is permissible to use another requestor's granted time to speak. No more than six minutes for a speaker may be granted. The requestor granting time to another speaker must also submit a form and be present at the meeting. On a sub'ect not posted on the agenda: An individual may address the Council at a regular City Counci 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. Speakers will be given up to three minutes to address the City Council. The City Secretary can be reached at(512) 931-7715 or cs@ georgetown.org. 4.A At the time of posting no one had signed up to speak. S. Statutory Consent Agenda The Statutory Consent Agenda includes non -controversial and routine items which may be acted upon with one single vote. An item may be pulled from the Consent Agenda in order to be discussed and acted upon individually as part of the Regular Agenda. Mayor Schroeder recused himself from the consent agenda vote and any discussion with a conflict of interest form filed for items 5B and 5P. Moved by Ron Garland; seconded by Joseph (fake) French IV to Approve to approve the consent agenda as presented.. Motion Approved: 7 - 0 Voting For: Amanda Parr, Shawn Hood, Mike Triggs, Kevin Pitts, Joseph (fake) French IV, Ron Garland, Ben Stewart Voting Against: None 5.A Minutes from 10/25/2022 Consideration and possible action to approve the meeting minutes for the City Council meeting held on October 25, 2022 -- Robyn Densmore, City Secretary 53 Alcohol Sales Distance Waiver for Property at the SE Corner of Hwy 29 and SH130 Consideration and possible action to approve a resolution waiving City Code Section 6.40.050(A) prohibiting a person from selling or engaging in the business of selling any alcoholic beverage where the place of business of such person is located within 300 feet of a public school for a particular place of business located at the southeast corner of SH29 and SH130 -- David Morgan, City Manager 5.0 City URL Update Consideration and possible action to change the City's URL to .gov for City websites -- Aly Van Dyke, CAPE Director 5.D Continuation of Annual Agreement for Water Materials Supplies Acquisitions from Techline, Inc. under their Contract with LCRA Consideration and possible recommendation to continue utilizing the annual agreement to purchase water materials supplies for Fiscal Year 2023 from Techline, Inc. ("Techline") under their contract with the Lower Colorado River Authority, a conservation and reclamation district of the State of Texas ("LCRA"), not to exceed the amount of $150,000.00 -- Chelsea Solomon, Director of Water Utility; and John McElroy, Water Services Manager 5.E Electric Overhead and Underground Construction with Primoris T&D Services, LLC Consideration and possible action to approve a General Service Agreement between the City of Georgetown and Primoris T&D Services, LLC, a Texas limited liability company, for the following work: electric overhead and underground construction services in an amount not to exceed $4,000,000.00 and to delegate authority to the City Manager to execute four additional one-year renewals with a not to exceed amount no greater than $4,000,000.00 each renewal term -- Mike Westbrook, Electric Operations Manager 5.F Agreement with Perry Office Products Consideration and possible action to approve an award of a Blanket Agreement with Perry Office Products, Inc. under the Buy Board contract 656-21 to provide office supplies and services for an annual not to exceed amount of $100,000.00 and to delegate authority to the City Manager to execute one additional one-year renewal with a not to exceed amount greater than $200,000.00 -- Edward O'Neal. Support Services Manager 5.G Federal Aviation Administration (FAA) Grant Application Consideration and possible action to approve a grant application to the Federal Aviation Administration (FAA) for a Bipartisan Infrastructure Law, Airport Terminal and Tower Project Grant for terminal improvements and upgrades at the Georgetown Executive Airport at Johnny Gantt Field in the amount of $350,000 - Eric Johnson, Public Works Director and Matthew Sommerfeld, Airport Manager 5.H Tymco Street Sweeper Purchase Consideration and possible action for the approval to purchase one (1) Tymco Model 600 Sweeper for an amount not to exceed $348,105.00. This purchase will be under HGAC contract #SW04-20. - Scott Parker, Fleet Services Manager 5.1 Vacuum Trailer Purchase Consideration and possible action for the approval to purchase one (1) MS800 Vacuum Trailer for an amount not to exceed $167,578.00. This purchase will be under Buy Board contract #593-19 -- Scott Parker, Fleet Services Manager 5.J Turf Tank Lease Agreement Consideration and possible action to approve a six -year Sub -Rental Agreement with Turf Tank for an athletic field line -marking robot in the amount not to exceed $61,500.00 -- Eric Nuner, Assistant Parks and Recreation Director 5.K Playground Equipment for Crystal Knoll Park Consideration and possible action to approve the purchase of playground equipment from GameTime using Omnia Partners contract #2017001134 in the amount of $97,386.60 for Crystal Knoll Park -- Eric Nuner, Assistant Parks and Recreation Director 51 First Amendment to Task Order KHA-22-001 -Sidewalk Master Plan and FLU Consideration and possible action to approve first amendment to task order KHA-22-001 with Kimley-Horn in the amount of $243,110 for Future Mobility Plan -- Mayra Cantu, Strategic Support Manager 5.M Amendment of Enterprise Encroachment Agreements -- Heights at San Gabriel 5.N Consideration and possible action to approve two Amendment of Encroachment Agreements with Seminole Pipeline Company LLC and one Amendment of Encroachment Agreement with Whitethorn Pipeline Company LLC regarding the encroachment of certain public infrastructure within the Heights at San Gabriel Subdivision into existing Seminole and Whitethorn pipeline easements, and to authorize the Mayor to execute the Amendments -- Jim Kachelmeyer, Assistant City Attorney Assignment of Enterprise Encroachment Agreements -- Heights at San Gabriel Consideration and possible action to approve a Partial Assignment of Encroachment Agreements with Heights at San Gabriel LLC regarding the assignment of Encroachment Agreements with Seminole Pipeline Company LLC and Whitethorn Pipeline Company LLC in connection with the acceptance of public infrastructure within the Heights at San Gabriel Subdivision, and to authorize the Mayor to execute the Partial Assignment upon amendment of the Encroachment Agreements --Jim Kachelmeyer, Sr. Assistant City Attorney 5.0 Certified Local Government Grant Application for FY23 Consideration and possible action to approve a grant application to the Texas Historical Commission for supplemental funding for the Implementation of TRG and San Jose Neighborhood Plans -- Maddison O'Kelley, Preservation and Redevelopment Manager 5.P 2022-12-ANX, 41 acres, Haverland Dr -- Municipal Services Agreement Consideration and possible action to approve a Municipal Service Agreement with Tony Gauntt, for the provision of municipal services, upon annexation, to an approximately 40.577 acres tract of land out of the Antonio Flores Survey Abstract No. 235, generally at the intersection of FM 971 and Haverland Drive. (2022-12-ANX) -- Travis Baird, Assistant Planning Director 5.Q 2022-11-ANX Dry Creek -Georgetown 35 County Road 130 ROW -Municipal Services Agreement Consideration and possible action to approve a Municipal Service Agreement with Stewart Building Inc., for the provision of municipal services, upon annexation, to an approximately 63.888 acres tract of land out of the John Berry Survey Abstract No. 51, generally located north of CR 150 and east of Interstate Highway 35 (2022-11-ANX) -- Travis Baird, Assistant Planning Director 5.R 2022-10-SUP Senior Living Special Use Permit -Second Reading Second Reading of an Ordinance on a request for a Special Use Permit (SUP) for Multifamily, Attached Dwelling Units in the Local Commercial (C-1) zoning district on the property located at 4775 Williams Dr., bearing the legal description of 9.29 Acres in the J Fish Survey, (2022-10-SUP), Sofia Nelson, Planning Director 5.S 2022-6-ANX Gateway Preparatory School - 3660 Westinghouse Road - Second Reading Second Reading of an Ordinance for the annexation of 52.480 acres in the Joseph Mott Survey Abstract No. 427 and the Calvin Bell Survey Abstract No. 112, including approximately 0.423 acre of right-of-way of County Road 111; and a zoning map amendment to rezone 52.057 acres out of the Joseph Mott Survey Abstract No. 427 and the Calvin Bell Survey Abstract No. 112 to the Public Facility (PF) zoning district, upon annexation (2022-6-ANX) -- Travis Baird, Assistant Planning Director, Current Planning 53 Fire Assignment Pay Ordinance Amendment - FY23 - Second Reading Second Reading of an Ordinance of the City of Georgetown, Texas amending Sec. 2.28.210 "Assignment Pay" for certain assignments within the Fire Department --John Sullivan, Fire Chief 6. Legislative Regular Agenda 6.A 2022-16-REZ 1310 Maple Street- First Reading Public Hearing and first reading of an Ordinance for a Zoning Map Amendment to rezone 0.66 acres known as the Snyder Addition, Block 33 S 1 /2, from the High -Density Multi- family (MF-2) zoning district to the Residential Single-family (RS) zoning district, for the property generally located at 1310 Maple Street, (2022-16-REZ) - Maddison O'Kelley, Preservation and Redevelopment Manager Maddison O'Kelley presented the staff report. The applicant wishes to rezone this property from High -Density Multi -family (MF-2) to Single-family REsidential (RS). This property is in a Mixed Density Neighborhood (MDN) which provides for a variety of housing types within a traditional neighborhood. This rezoning application would comply with all approval criteria of UDC Section 3.06.030 and Planning and Zoning Commission recommended approval of this application 5 - 0 at their October 18th Meeting. O'Kelley read the ordinance caption. Mayor Schroeder opened the public hearing and with no one coming forth, closed it. There was no further discussion among the council. Moved by Joseph (jake) French IV; seconded by Amanda Parr to Approve to approve the application as presented.. Motion Approved: 7- 0 Voting For: Amanda Parr, Shawn Hood, Mike Triggs, Kevin Pitts, Joseph (jake) French IV, Ron Garland, Ben Stewart Voting Against: None 6.13 UDC Executive Text Amendment, Courthouse View Corridor Waiver - First Reading Public Hearing and First Reading on a proposed Ordinance for Executive Text Amendment to Chapters 3 and 4 of the Unified Development Code (UDC) relating to the Courthouse View Protection Overlay District specifically as it pertains to establish a waiver process for the Courthouse view protection requirements established within the district -- Maddison O'Kelley, Preservation and Redevelopment Manager Presentation by Maddison O'Kelley on the proposed emergency UDC Text amendment to allow courthouse View Corridor Waivers. O'Kelley explained the need for the waiver and showed the proposal. The courthouse view corridor waiver must be initiated by an application. Staff will review the waiver request and provides staff report and possibly a recommendation to city council. A public hearing wand notice will be provided. She explained the criteria for approval focuses on: the existence of site -specific constraints or opportunities, furthering the goals and implementation of the Comprehensive Plan, protecting the public interest, and ensuring the building is in character with the height and scale of the surrounding area. Council will take the final action and it is recommended that approval requires a 3/4 vote of councilmembers present. O'Kelley reported that Planning and Zoning Commission voted 7 - 0 to approve the recommendations. Parr supports the waiver process for a courthouse view protection and the criteria that will be used, however she will not support this item based on the optics that this amendment is being made on an emergency basis for a city project. She prefers that this had been done through the upcoming UDC rewrite project coming in the next two years. Mayor asked about the vote recommended to approve this item. As 3/4 vote majority, they would need 6 members to approve. Mayor clarified HARC's role with the new waiver process. HARC would review the project conceptually, not with a specific approval criteria, prior to the application for the waiver being filed. HARC's recommendation would be considered by Council when it moves forward. Mayor Schroeder opened the public hearing and with no one coming forth to speak, closed it. Pitts moved to approve the amendment to the UDC for the Courthouse View corridor Variance request as presented. Second by Hood. Pitts then amended his original motion by making the change to the number of members required for the waiver approval to require a simple majority, only four members. Second by Stewart. Pitts asked about other variance requirements and Masson explained the types of variances currently used, subdivision and zoning, and how those both require a 3/4 vote by the entity considering them, whether P&Z or ZBA. This would be consistent with a 3/4 vote as required by our other ordinances. This is consistent with zoning variance as an amendment to our zoning regulations. Council discussed their preferences. French will not support the amendment as he believes that this type of variance should be added with caution and having the 3/4 vote would add that. Parr supports the UDC amendment but not in this emergency type situation, saying it needs more consideration and not in this situation. This is a large project issue and they want the super majority. Stewart agrees with Parr and French. Mayor called for the vote on the amendment motion, then the original motion. Moved by Kevin Pitts; seconded by Shawn Hood to Approve to approval of the amendment for the courthouse view corridor as it was presented and amended.. Motion Approved: 4- 3 Voting For: Shawn Hood, Mike Triggs, Kevin Pitts, Ron Garland Voting Against: Amanda Parr, Joseph (jake) French IV, Ben Stewart Moved by Kevin Pitts; seconded by Ben Stewart to Approve to only require a simple majority for action to approve a variance for the Courthouse View Corridor.. Motion Approved: 4- 3 Voting For: Shawn Hood, Mike Triggs, Kevin Pitts, Ron Garland Voting Against: Amanda Parr, Joseph (jake) French IV, Ben Stewart 6.0 Ordinance Adopting Real Estate Policies - First Reading First reading of an ordinance adding Chapter 12.11, entitled "Acquisition, Disposition, and Use of City Property," to the Code of Ordinances of the City of Georgetown, Texas --Jim Kachelmeyer, Sr. Assistant City Attorney, and Lauren Boenig, Real Estate Services Coordinator Jim Kachelmeyer presented the policies which will be considered and changed. Objectives of this are a logical, efficient pattern of development, avoiding future burdens on taxpayers and equal application of the rules. During high -growth, the city focuses on development generated • Key Policies of the ordinance: • Dedication by plat of rights -of -way & easements required by UDC • Must be conveyed prior to plat approval (or prior to acceptance for Site Development Permits) ETJ and off -site utilities require separate instruments • ETJ water lines can run within internal PUEs or rights -of -way* • Title insurance sometimes required* • Easements must be exclusive, on one of City's standard forms* • Abandonments by auction at fair market value, unless exception applies, and approved by Council • No permanent easements across City property, Ch. 26 hearing required for use of parkland, fair market value required for leases • License (not permit) required to use property, but Temporary Construction Easement ok for adjacent construction Key changes will be updated forms, delegation of authority to accept easements on standard forms, adopted process maps including prerequisites, revised title insurance requirements and new utility crossings policy. Kachelmeyer then read the caption. Moved by Kevin Pitts; seconded by Mike Triggs to Approve to approve the adoption of the new real estate policies. . Motion Approved: 7- 0 Voting For: Amanda Parr, Shawn Hood, Mike Triggs, Kevin Pitts, Joseph (jake) French IV, Ron Garland, Ben Stewart Voting Against: None 6.D Amendment of Utility Extension Policy re Water Lines outside the ETJ - First Reading First reading of an ordinance amending Ordinance No. 2022-73 regarding the City's Utility Extension and Improvement Policy, as applied to water lines outside the City's Extraterritorial Jurisdiction --Jim Kachelmeyer, Sr. Assistant City Attorney Jim Kachmeyer presented the item. He showed the original policy from 2004 and then the amended policy which was adopted in 2022. The old policy was that all Georgetown utilities must be placed within easements donated to the City; Within the city limits, rights -of -way and easements dedicated by plat, as well as specific utility easements, meet this requirement. In the City's ETJ, platting dedicates easements and rights -of -way to the public or the County, not the City, so easements by separate instrument are required. The 2022 amended policy allows new development in the ETJ to place water infrastructure within public utility easements and rights -of -way, provided: 1.Infrastructure is internal to the development; 2.Infrastructure is not master plan infrastructure; and 3.The PUE or right-of-way is not parallel to a numbered TxDOT or County road, a road listed in the City or County's OTP, or a road included in the City or County's CIP. This proposed Amendment authorizes placement of water lines within County rights -of - way beyond the ETJ under certain conditions: Must be internal to a new development, Must not be a numbered County road, in a transportation plan, or set for improvement as part of a pending capital project; and Must not be in the ETJ of another City, with no foreseeable annexation during life of the improvements. This Amendment also delegates to the City Manager the authority to adopt implementing regulations to guide placement of such facilities in the city limits, ETJ, and beyond if consistent with this ordinance Kachelmeyer read the Ordinance caption. Stewart asked if Jim looked at a cost analysis in case we would have to relocate lines in the county. Jim said yes, this would only apply to new properties being developed and their internal roads and water lines. Moved by Kevin Pitts; seconded by Ben Stewart to Approve to approve the policy as presented for utility extension outside the ETJ.. Motion Approved: 7- 0 Voting For: Amanda Parr, Shawn Hood, Mike Triggs, Kevin Pitts, Joseph (jake) French IV, Ron Garland, Ben Stewart Voting Against: None 7. Adjournment Moved by Ron Garland; seconded by Ben Stewart to Adjourn to adjourn. Motion Adjourn: 7 - 0 Voting For: Amanda Parr, Shawn Hood, Mike Triggs, Kevin Pitts, Joseph (jake) French IV, Ron Garland, Be Stewart Voting Ainst: None These min*sftvere approved Mayor - meeting of ■&' J ' ��., .lam1:)Q�L_`