City Council

CITY COUNCIL MEETING MINUTES MONDAY, JULY 13, 2020 – 6:30 PM 2801 Ranch Road 1869 – Liberty Hill (Council Chambers) On July 13, 2020, City Council convened in Council Chambers at 2801 Ranch Road 1869. The meeting was video streamed and available via telephone. CALL TO ORDER Liberty Hill City Council was called to order at 6:31 PM by Rick Hall – Mayor on Monday, July 13, 2020 at Council Chambers located at 2801 Ranch Road 1869. Invocation was given by Chaplain Joiner, followed by reciting of the Pledge of Allegiance and Texas Pledge. Council Members present were Mayor Rick Hall, Mayor Pro Tem Liz Rundzieher, Kathy Canady, Gram Lankford, Tony DeYoung, and Steve McIntosh. Others present were Tad Cleaves – City Attorney, Lacie Hale – Chief Operating Officer, David Stallworth – Director of Planning, Becky Wilkins – Finance Director, and Nancy Sawyer – City Secretary. The meeting was open to the public via conference call, GoToMeeting, and in person. Access instructions for the meeting were posted on the City Bulletin Board at Municipal Court and www.LibertyHillTX.gov. Instructions on submitting public comments were also posted with the agenda as referenced above. PUBLIC HEARING Rick Hall – Mayor opened the Public Hearing at 6:31 PM, stating: A request for a Conditional Use Permit to allow a Duplex in the Downtown Commercia/Retail District (C-2) on the following property: 100 CR 279, City of Liberty Hill, Texas. AW0233 - Henry Field Survey .29 Acres. WCAD Property Number R0220211. In accordance with Section 211.006 of Texas' Local Government Code, a public hearing on this application will be conducted by the Planning and Zoning Commission. This hearing will begin at 6:30 PM on Tuesday, June 30, 2020. The Planning Commission will then forward its recommendations to the City Council, who will conduct its own public hearing at 6:30 PM on City Council Meeting 1|Pa ge Minutes of July 13, 2020 Monday, July 13, 2020 and make the final decision on this matter. Both public hearings will be held at the Municipal Court Building, Council Chambers, 280 l RM 1869 in Liberty Hill, Texas. Information regarding this application is available at the City's Planning and Development Department, 100 Forrest Street. For more information, call (512) 548-5519. As a recipient of this Notice, you are invited to attend these public hearings and offer comment. You may also submit written comments regarding this application to the City's Planning and Development Department, 100 Forrest Street, Liberty Hill, Texas 78642. Any written comments received in advance of the public hearing will be presented during the hearing and become part of the official record. For more information, call (512) 778- 5449. OUTCOME: No comments were received. The Public Hearing was closed at 6:33 PM. PROCLAMATION Proclamation Declaring December 5th William "Bill" Pickett Day. OUTCOME: Mayor Rick Hall presented a signed framed proclamation providing the history of Bill Pickett and declaring December 5th of each year William “Bill” Pickett Day in the City of Liberty Hill. WHEREAS, William “Bill” Pickett was born December 5, 1870 in the Jenks-Branch Community of Liberty Hill, Texas; and WHEREAS, he was one of the first great rodeo cowboys and is credited with inventing the sport of bulldogging, or steer wrestling as it is known today; and WHEREAS, he joined the 101 Ranch Wild West Show which also featured notable western characters such as Buffalo Bill Cody, Will Rogers, and Tom Mix; and WHEREAS, in 1971 he became the first African American cowboy inducted into the National Cowboy Hall of Fame; and WHEREAS, the City of Liberty Hill seeks to honor and preserve the memory of William “Bill” Pickett. NOW, THEREFORE, I, Rick Hall, Mayor of the City of Liberty Hill, along with the Liberty Hill City Council, staff, and community, do hereby recognize and acknowledge the significant historical contribution of William “Bill” Pickett and declare December 5th of each year as William “Bill” Pickett Day Mayor Hall presented the signed, framed proclamation to the family of Mr. Pickett. City Council Meeting 2|Pa ge Minutes of July 13, 2020 REGULAR AGENDA Discussion and possible action on a Resolution naming William (Bill) Pickett's birthplace as Liberty Hill / Jenks Branch with signage at the City limits on CR 279. Kathy Canady provided a brief historical account of Mr. Bill Pickett’s life. She stated she would like Mr. Pickett’s family’s permission for the Council to move forward with obtaining signage honoring Mr. Pickett’s birthplace and contributions to Liberty Hill. OUTCOME: On motion by Liz Rundzieher and second by Gram Lankford, Council approved moving forward with signage on CR 279 and Highway 29 City limits gateways designating Liberty Hill as the birthplace of William “Bill” Pickett. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. PUBLIC COMMENTS • Kathy Canady addressed Council stating in light of recent Liberty Hill Independent newspaper articles, she would like to make note that it was not so much that any ride- along individual did anything wrong, it was the previous police Chief, Maverick Campbell, knowingly allowed an infraction of the law / practices to happen without communicating and educating those that he encouraged to participate in this particular event. • Robert Balzen, 309 Blessing Ranch Road addressed Council stating he believes the City should refund to him unfair and maybe illegal charges which totaled around $25,000. He stated the City is a monopoly and should treat all citizens fairly and legally at all times. He stated he met with the Mayor and Chief Operating Officer who told him it would be illegal for them to make such refunds. He asked that Council study the situation; he is happy to meet with Council at any time. CONVENE TO EXECUTIVE SESSION City Council was convened to Executive Session at 6:46 PM by Mayor Hall Executive Session for Consultation with Legal Counsel pursuant to Texas Government Code Section 551.071 (Consultation with Attorney), Section 551.072 (Deliberations about Real Property), Section 551.073 (Deliberations about Gifts and Donations), Section 551.074 (Personnel Matters), Section 551.076 (Deliberations about Security Devices), and Section 551.087 (Development). No action was taken during Executive Session. • Section 551.074 Personnel. Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Chief Operating Officer. • Section 551.072: Deliberation about Real Property Consultation with Legal Counsel regarding real property owned by the City of Liberty Hill and potential acquisitions. RECONVENE TO REGULAR SESSION At 7:52 PM City Council reconvened to Regular Session for discussion / action of the following: • Section 551.074 Personnel. City Council Meeting 3|Pa ge Minutes of July 13, 2020  Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Chief Operating Officer. OUTCOME: Kathy Canady made a motion to raise the salary of Lacie Hale – Chief Operating Officer to $120,000 per year, effective immediately, while placing the Event Coordinator and Code Enforcement Officer positions under her supervision, and authorizing Tad Cleaves – City Attorney to create an ordinance to that effect. Liz Rundzieher seconded the motion. Tony DeYoung made a motion to amend the salary to $106,000 with the remaining $14,000 addition to be effective in the next fiscal year. This motion died for lack of a second. Motion passed on vote of 4 ayes, 1 nay, and 0 abstentions. Tony DeYoung voted against the motion. • Section 551.072: Deliberation about Real Property Consultation with Legal Counsel regarding real property owned by the City of Liberty Hill and potential acquisitions. OUTCOME: No action was taken. DEPARTMENTAL REPORTS Update from Chief Operating Officer on Unified Development Code (UDC). The UDC amendments have a timeline that has to be adhered to. Updates will be based on most recent legislative session. Step 2 of this process will be the Comprehensive Plan which will be reviewed and amended in 2021. The last Comprehensive Plan was produced in 2015. Ms. Hale asked for Council’s guidance on meetings and workshops to discuss the UDC. Mayor Hall started the City would not have to go through this arduous process if the UDC had been updated properly in the past. The goal is to present the entire UDC to Council for approval and then periodically have staff review the UDC for any amendments they feel need to be made. This will give staff the tools they need to move forward while providing a great set of guidelines to developers and builders. Following discussion, Council set a joint Council-Planning and Zoning Workshop to discuss the UDC for Monday, July 27 from 5:30 PM to 6 PM at Council Chambers. Update on upcoming City events. • Rick Hall – Mayor stated the Independence Day celebration firework was well received as the “best one yet”. The City is considering doing the entire event in the same place next year. • Whimsy and Wonder will have to be canceled due to the COVID-19 pandemic. • Christmas Festival is still planned for December with ‘Little Texas’, the band that was scheduled for the Independence Day Spectacular, now playing for the Christmas Festival at no additional cost. City Council Meeting 4|Pa ge Minutes of July 13, 2020 CONSENT AGENDA ITEMS Consent Agenda items are considered to be routine and will be enacted by one motion. There will be no separate discussion of those items unless requested by Council, in which event the item(s) will be removed from the Consent Agenda and considered under Regular Agenda items: • Discussion and possible action to approve minutes of City Council meeting held June 22, 2020. • Discussion and recommendation from the Planning and Zoning Commission on the final disposition of the application for the Caughfield- Phase 11 Final Plat. OUTCOME: On motion by Kathy Canady and second by Steve McIntosh, Council approved the Consent Agenda. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. REGULAR AGENDA Discussion and recommendation from the Planning and Zoning Commission on the final disposition of the application for a Conditional Use Permit in the Downtown Commercial Retail (C-2) Zoning District for the property located at 100 CR 279 and within the City Limits of Liberty Hill, Texas. OUTCOME: Following discussion regarding changing the zoning designation of the property, Kathy Canady made a motion to approve, seconded by Tony DeYoung. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. Discuss and consider purchase of dump truck for the Streets and Maintenance Department. Lacie Hale – Chief Operating Officer addressed Council stating the City’s dump truck is in the shop quite a lot. Mayor Hall stated this has presented safety issues with the truck breaking down. Staff would like to trade the truck in for a new dump truck. The total price of the new truck is $135,421.11; trading in the current truck for $50,000 brings the finance amount to around $85,000 for the lease-purchase. State law binds the purchaser using Buy Board to purchase a new truck, rather than a resell. If Council approves, staff will bring back to Council financing options on 5, 7, or 10-year terms from the wastewater account. OUTCOME: On motion by Gram Lankford and second by Tony DeYoung, Council approved purchase of a dump truck for the Streets and Maintenance Department. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. Discuss and consider City Park Swim Center design. Kathy Canady stated she would like to table this item. Mayor Hall asked that this be put on the agenda for the July 27th Council meeting but discussed preliminarily at this meeting. Council reviewed the two designs, one option from 2019 for around 2.2 million dollars and one from 2020 for around 1.5 million dollars. The grant the City is waiting on is $500,000. Gram Lankford stated he does not feel it is a good time to spend that kind of money. He suggested the City might have more money in the future and perhaps do a more elaborate pool. Mayor Hall stated that for clarity in the future, Council should set budgets prior to tasking other boards and commissions with providing research and presentations on projects. There is a three-year time limit on using City Council Meeting 5|Pa ge Minutes of July 13, 2020 grant funds. Tony DeYoung stated this is a heavy and expensive project to approve at this time. Becky Wilkins – Finance Director stated the project is contingent upon receipt of the half-million- dollar grant. OUTCOME: On motion by Gram and second by Kathy Canady, Council tabled the item. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. Discuss and consider revising and renewing the lease agreement between the City of Liberty Hill and the Liberty Hill Youth Soccer League. Lacie Hale – Chief Operating Officer addressed Council stating the lease expired in February of 2020. She asked Council to review the lease, and the item will come back on the July 27th agenda. Kathy Canady stated the reason this is going through Council is that the Parks and Recreation Board does not have the authority to negotiate contracts. Tad Cleaves – City Attorney has reviewed the lease agreement, but staff is still working on terms and final agreement. Discussion and possible action related to Steger Bizzell Task Order 020-59: West Liberty Hill Wastewater Treatment Plant Discharge Permit Application, for a compensation amount not to exceed $15,000.00, on an hourly basis. Curtis Steger – Steger & Bizzell addressed Council. A site and design have been chosen. This task order is for work to obtain the TCEQ permit to discharge effluent and TCEQ’s approval. OUTCOME: On motion by Tony DeYoung and second by Gram Lankford, Council approved Steger Bizzell Task Order 020-59 for the West Liberty Hill Wastewater Treatment Plant Discharge Permit Application, for a compensation amount not to exceed $15,000 – on an hourly basis. Motion passed on vote of 4 ayes, 0 nays, and 1 abstention. Council member McIntosh stepped out during this motion. Discussion and possible action related to Steger Bizzell Change Order No. 1 for parking lot improvements to Police Station located at 1120 Loop 332 and relocation of the sidewalks from the north to the south side of Hickman for the CDBG Sidewalks Phase II project. Curtis Steger – Steger Bizzell addressed Council stating Fonseca is the general contractor for this project. Steger Bizzell has identified additional work that was not done correctly originally. He explained the project which will provide additional parking spots and relocates some sidewalks, at a cost of $13,495.50. Council discussed the project. OUTCOME: On motion by Liz Rundzieher and second by Tony DeYoung, Council approved Change Order No. 1 in an amount not to exceed $13,495.50. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. Discuss and consider Steger & Bizzell Change Order No. 4 to install box culverts through the parking lot as an alternative to the open channel design along the eastern property boundary in attempt to save three (3) pecan trees. Curtis Steger – Steger Bizzell stated this actually involves four (4) trees. He stated the installation of box culverts will not help with the drainage. Following discussion of cost of saving the trees v. City Council Meeting 6|Pa ge Minutes of July 13, 2020 improving drainage and replacing the trees and the fact that there are currently 19 trees in the parking lot, Kathy Canady made a motion to disapprove Change Order No. 4. Steve McIntosh seconded the motion. Steger Bizzell was directed to continue with the open channel design. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. Discuss and Consider a Steger Bizzell Task Order No. SB 020-60 for the proposed West Liberty Hill Wastewater Treatment Plant for Title Survey and Engineering Design Survey services. Curtis Steger – Steger Bizzell addressed Council stated the need to survey the property and acquire the transfer deed for this approximately 35-acre property. Cost will be $28,000. OUTCOME: On motion by Gram Lankford and second by Tony DeYoung, Council approved Steger Bizzell Task Order No. SB 020-60 in an amount not to exceed $28,000. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. Discuss and consider submission of name to Texas Municipal Health Benefits Pool as a qualified person to be placed on the ballot for the TML Health Benefits Pool Board of Trustees for Region 10. Becky Wilkins – Finance Director / HR stated this agenda item requests Council’s authorization for the Mayor to choose a qualified person to be on the ballot. Upon question from Council regarding who would be eligible to be on the ballot, Mayor Hall provided the following names: Tad Cleaves, Lacie Hale, Becky Wilkins, Nancy Sawyer, Wayne Bonnet, Tracy Ventura, David Stallworth, and Casey Cobb. OUTCOME: On motion by Gram Lankford and second by Tony DeYoung, Council authorized Mayor Hall to choose a qualified person to place on the ballot for the TML Health Benefits Pool Board of Trustees for Region 10. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. ITEMS FROM MAYOR AND COUNCIL • Lacie Hale - Chief Operating Officer for the City has been accepted into the International City/County Management Association (ICMA)'s Emerging Leadership Program. Mayor Hall offered his congratulations to Lacie Hale – Chief Operating Officer for her acceptance into this prestigious program. • Mayor Hall stated he reached out to Halff Associates regarding the Master Drainage Plan for the City. The current drainage plan calls for placing drainage ponds all over the City. Lacie Hale – COO is wondering if current drainage areas could be dredged deeper rather than adding many additional drainage ponds. Staff will bring costs for the study back to Council. • Mayor Hall stated that he, Lacie Hale – COO, and Tad Cleaves – City Attorney, and Becky Wilkins – HR are working on a revision to the current Employee Handbook. Kathy Canady – asked that it be red-lined for Council’s review. Becky Wilkins – HR stated she will be meeting with employees to ensure they understand the handbook prior to signing. City Council Meeting 7|Pa ge Minutes of July 13, 2020  • The next scheduled Council meeting is July 27, 2020. A workshop will be held prior to Council regular meeting at 5:30 PM to discuss the UDC. • Mayor Hall provided an update on Wetzel Park which had it opening day Monday – July 13, 2020. He stated fencing should be complete mid-week this week. ADJOURNMENT On motion by Liz Rundzieher and second by Gram Lankford, Council adjourned at 9:19 p.m. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. PASSED and APPROVED by the CITY COUNCIL of the CITY OF LIBERTY HILL, TEXAS on MONDAY – July 27, 2020 on vote of _____ AYES, _____ NAYS, and _____ ABSTENTIONS. ________________________ Rick D. Hall – Mayor [seal] _______________________________ Nancy Sawyer – City Secretary City Council Meeting 8|Pa ge Minutes of July 13, 2020