City Council

CITY COUNCIL REGULAR MEETING MONDAY - MARCH 22, 2021 - 6:30 PM AGENDA 2801 Ranch Road 1869 Liberty Hill, Texas Liz Branigan Kathy Canady Liz Rundzieher Steve McIntosh Tony DeYoung Gram Lankford LIVE VIDEO ACCESS Please click the link on the City's Facebook page to watch the meeting live. 1) CALL TO ORDER a. Establish Quorum b. Invocation c. Pledge of Allegiance "I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with Liberty and Justice for all." d. Texas Pledge "Honor the Texas flag; I pledge allegiance to thee, Texas, one State under God, one and indivisible" 2) PUBLIC COMMENTS Liberty Hill City Council accepts public comments regarding the Agenda of Regular Council meetings and Public Hearings. Individuals wishing to speak may sign in by completing a Public Comment Form and presenting the form to the City Secretary prior to the start of the meeting. Each citizen is limited to a maximum of three (3) minutes. Public comments may also be submitted by email to nsawyer@libertyhilltx.gov before 4:00 PM the day of the meeting, in order for the comment(s) to be read at the 6:30 PM meeting. 1 3) PRESENTATION a) Dan Wegmiller, Managing Director, Specialized Public Finance will provide an update on Wastewater Bonds and Streets Tax Note for 2021. 4) CONSENT AGENDA 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. a) Discuss and consider approval of minutes of Council Special Called meeting of March 4, 2021. b) Discuss and consider approval of minutes of Council meeting of March 8, 2021. c) Discuss and consider approval of Right of Entry Agreement for the CR 260 / CR 266 Wastewater Project related to: 900 CR 266, Georgetown, TX 78628 910 CR 266, Georgetown, TX 78628 d) Discuss and consider an Ordinance of the City Council of Liberty Hill, Texas affirming the prior passage of unsigned ordinances from the calendar year 2017. e) Consideration and possible action on a utility agreement and payment plan for wastewater connection at parcel recorded as Goddard School Subdivision, Block A, Lot 1 (R568216) with Star Developers. f) Discuss and consider recommendation of the Downtown Beautification Committee to purchase and install three (3) flagpoles in downtown parking lot in an amount not to exceed $6,500. Presented by Lacie Hale 5) CITY ADMINISTRATOR'S REPORT Lacie Hale, City Administrator, will provide Council with an update on City business, developments, parks, and other City-related matters. 6) REGULAR AGENDA a) Introduction of Mike McKamie, candidate for interim City Attorney for the City of Liberty Hill. b) Consideration and possible action to authorize the City Administrator to negotiate and execute the contract for the interim City Attorney. c) Update regarding policy on the Impact Fee Account. Presented by Becky Wilkins, City Treasurer d) Discuss and consider an end date to three Council meetings per month on April 30, 2021. Presented by Tony DeYoung, Councilmember 2  e) Consideration and possible action on Capital Improvement Plan projects for 2021 Streets Tax Note. Presented by Lacie Hale, City Administrator f) Consideration and possible action to approve an Ordinance of the City Council of Liberty Hill, Texas, amending Chapter 1, Article 1.03, Division 2 of the Code of Ordinances adding a regular city council meeting on the first Monday of each month. g) City Attorney to present to Council recommended rules for abstaining from vote. h) Consideration and possible action to approve an Ordinance of the City Council of Liberty Hill, Texas amending Chapter 1, Article 1.03, Division 2 of the Code of Ordinances related to Citizen Comments at Public meetings. Requested by Kathy Canady and Gram Lankford i) Discuss and consider giving a blue ribbon and certificate to our Junior Citizens across campuses and possible Junior Service organizations as a way to promote junior citizenship of our younger citizens. Not limited to residency in Liberty Hill, but open to school district. Presented by Kathy Canady j) Discuss and consider authorizing staff to prepare an ordinance to regulate Private Property Impounds in the City of Liberty Hill. Requested by Kathy Canady k) Discuss and consider possible action to approve a policy for staff's use of the Kronos timekeeping system. Requested by Gram Lankford, Council member l) Discuss and consider setting a date for a workshop to review and deliberate rules of decorum and procedure for Council, boards, and committees. Requested by Kathy Canady m) Discuss and consider authorizing the City Administrator to apply for extended dates on the permit for the the City's splashpad. Presented by Kathy Canady and Liz Rundzieher, Councilmembers n) Consideration and possible action to approve an Ordinance of the City Council of Liberty Hill, Texas, amending Chapter 13, Article 13.02, Division 2 of the Code of Ordinances related to wastewater connection charges. 7) CONVENE - EXECUTIVE SESSION City Council will convene to Executive Session for discussion of the following items 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). a) Section 551.074 Personnel Matters Discuss authorizing the City Administrator to negotiate and execute the contract for the interim City Attorney. Deliberate the appointment, employment, evaluation, reassignment, duties, 3  discipline, or dismissal of the City Administrator position. Section 551.071 Consultation with Attorney Update regarding threatened Clean Water Act litigation. Status of compliance process with TCEQ regarding TPDES Permit No. WQ0014477001 8) RECONVENE TO REGULAR SESSION City Council will convene to Regular Session for deliberation of the following items 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). a) Section 551.074 Personnel Matters Discuss and consider authorizing the City Administrator to negotiate and execute the contract for the interim City Attorney. Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Administrator position. Section 551.071 Consultation with Attorney Update regarding threatened Clean Water Act litigation. Status of compliance process with TCEQ regarding TPDES Permit No. WQ0014477001 9) MEDIA QUESTIONS Council may address questions from official members of the media regarding posted agenda items. This item will last no more than ten (10) minutes. 10) UPCOMING MEETINGS 11) ADJOURNMENT City Council reserves the right to adjourn into Execu ve Session at any me during the course of the mee ng to discuss any item listed above, as authorized by Texas Government Code Sec on 551.071 (Consulta on with A orney), §551.072 (Delibera ons about Real Property), §551.073 (Delibera ons about Gi s and Dona ons), §551.074 Personnel Ma ers), §551.076 (Delibera ons about Security Devices), and §551.087 (Development). In compliance with the Americans with Disabili es Act, the City of Liberty Hill will provide reasonable accommoda on for persons a ending City Council mee ngs. To be er serve you, requests need to be received 48 hours prior to the meeting. Contact the City Secretary at 512-778-5449 –Extension 112. 4 POSTING CERTIFICATION: I, NANCY SAWYER – CITY SECRETARY – CITY OF LIBERTY HILL cer fy that the a ached no ce of mee ng for the CITY COUNCIL – CITY OF LIBERTY HILL, TEXAS was duly posted on the bulle n board at Council Chambers located at 2801 Ranch Road 1869 in Liberty Hill, Texas and on the City website (www.libertyhilltx.gov) on the 19th day of March, 2021 at 5:05 PM. Nancy Sawyer – City Secretary. nbs REMOVAL CERTIFICATION: I, NANCY SAWYER – CITY SECRETARY – CITY OF LIBERTY HILL cer fy that the a ached no ce of mee ng was removed from the bulle n board at Municipal Court / Council Chambers located at 2801 Ranch Road 1869 in Liberty Hill, Texas on the _______ day of __________________, 2021 at _______. INITIALS________ 5  CITY COUNCIL CITY COUNCIL REGULAR MEETING MONDAY - MARCH 22, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 4.a Discuss and consider approval of minutes of Council Special Called meeting of March 4, 2021. 6  CITY COUNCIL SPECIAL CALLED MEETING MINUTES Thursday, March 4, 2021 – 6:30 PM 2801 Ranch Road 1869, Liberty Hill, Texas Liz Branigan, Mayor Liz Rundzieher, Mayor Pro Tem / Place 5 Steve McIntosh, Place 1 Kathy Canady, Place 2 Gram Lankford, Place 3 Tony DeYoung, Place 4 CALL TO ORDER The meeting was called to order by Mayor Liz Branigan at 6:30 PM. Quorum was established. In attendance were Liz Branigan, Mayor; Liz Rundzieher, Mayor Pro Tem and Place 5; Kathy Canady, Place 2; Gram Lankford, Place 3; and Tony DeYoung, Place 4. Steve McIntosh, Place 1 was not in attendance. REGULAR AGENDA Consideration and possible action regarding recruitment process and hiring for City Attorney. Lacie Hale, City Administrator addressed Council seeking guidance before moving forward. She stated City staff could manage the recruitment process or the city could hire a recruiting firm. Following discussion, Council directed Ms. Hale to secure a recruiting firm to acquire interim attorney services while working to provide options for permanent inhouse legal services. Mayor Branigan stated she would like to see Bojorquez represent the City. On motion by Tony DeYoung and second by Gram Lankford, Council directed the City Administrator to return to Council with two (2) services that provide interim as well as hiring services. Motion passed on vote of 4 ayes, 0 nays, and 0 abstentions. Kathy Canady stated she wanted the City to find an attorney well versed in General Law Type A government. Ms. Hale explained the process for acquiring an interim attorney to Council. City Council Page |1 March 4, 2021 7 ADJOURNMENT On motion by Liz Rundzieher and second by Kathy Canady, Council adjourned the meeting at 6:51 PM. Motion passed on vote of 4 ayes, 0 nays, and 0 abstentions. PASSED AND APPROVED by the City Council of the City of Liberty Hill, Texas on Monday, March 22, 2021 on vote of _____ ayes, _____ nays, and _____ abstentions. ______________________________________ Liz Branigan, Mayor [seal] __________________________________ Nancy Sawyer, City Secretary City Council Page |2 March 4, 2021 8  CITY COUNCIL CITY COUNCIL REGULAR MEETING MONDAY - MARCH 22, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 4.b Discuss and consider approval of minutes of Council meeting of March 8, 2021. 9  CITY COUNCIL REGULAR MEETING MINUTES Monday, March 8, 2021 – 6:30 PM 2801 Ranch Road 1869, Liberty Hill, Texas Liz Branigan, Mayor Liz Rundzieher, Mayor Pro Tem / Place 5 Steve McIntosh, Place 1 Kathy Canady, Place 2 Gram Lankford, Place 3 Tony DeYoung, Place 4 CALL TO ORDER The meeting was called to order by Mayor Liz Branigan at 6:30 PM. In attendance were Liz Branigan, Mayor; Liz Rundzieher, Mayor Pro Tem and Place 5; Steve McIntosh, Place 1; Kathy Canady, Place 2; Gram Lankford, Place 3; and Tony DeYoung, Place 4. Quorum was established. Officer Joiner provide the invocation. The Pledge of Allegiance and Texas Pledge were recited. PRESENTATION Joey Smith with Cedar Park Towing presented to Council. He would like to be included in a rotation for towing companies. This business is located in Liberty Hill. He proposed that Council adopt a policy via ordinance that he would assist in drafting. Police Chief Graeter stated their department is looking into establishing their own rotation, rather than the current process of going through Williamson County. Steve McIntosh suggested Mr. Smith meeting with Chief Graeter. CONSENT AGENDA Kathy Canady made a motion to move item G from the Consent Agenda be moved to the Regular Agenda. Gram Lankford seconded the motion. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. On motion by Kathy Canady and second by Tony DeYoung, Council approved the remaining Consent Agenda items as presented: • Discuss and consider approving minutes of Council meeting held February 8, 2021. • Discuss and consider approving minutes of Special Council meeting held March 1, 2021. • Discuss and consider action to approve a Memorandum of Understanding between theLiberty Hill Independent School District Police Department and the City Council Page |1 March 8, 2021 10  Liberty Hill Police Department. • Discussion and possible action on approving contribution request from the Capital Area Metropolitan Planning Organization (CAMPO) for regional projects. • Discuss and consider action to approve Ordinance 21-O-03.08-02 amending Section 11.02.002(B) of the Code of Ordinances of the City of Liberty Hill, Texas increasing the exemption from ad valorem taxes on the appraised value of a residence homestead to $15,000 for individuals who are disabled or are 65 or older within the corporate limits of the City. • Acceptance of December 2020 and January 2021 Departmental Reports submitted to Council on February 8, 2021. • Consideration and possible action to authorize the City Administrator to negotiate and execute an agreement for clean-up of the South Fork of the San Gabriel River. • Discussion and final action on the Final Plat application for the Highland Meadows, Section4A addition, located along the west side of Orchard Ridge Parkway, south of State Highway 29. • Discussion and final action on the Final Plat application for the Highland Meadows, Section 4B addition, located along the east side of Orchard Ridge Parkway, south of State Highway29. • Discussion and possible action to approve a Joint Election Agreement and Contract for Election Services between Williamson County Elections Administrator and the City of Liberty Hill for a joint election to be held on the uniform election date of May 1, 2021. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. REGULAR AGENDA Discussion and possible action to approve the Swim Center final exhibit with modifications and authorizing the City Administrator to move forward with revised plans, permitting, and bids. Lacie Hale, City Administrator pointed Council to their agenda to review the rendering of the pool. She stated that once Council approves, staff can move forward with the bid process. On motion by Liz Rundzieher and second by Kathy Canady, Council approved the final swimming pool exhibit showing modifications. City Council Page |2 March 8, 2021 11 Tony DeYoung asked about the break between the kiddie pool and the big pool. Ms. Hale explained that a seating shelf forms the barrier. There has to be a lifeguard at the kiddie pool and one at the big pool. Tony DeYoung stated that the pool design looks fantastic. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. Discuss and consider action to approve Change Order No. 2, for an increase of $17,886.50, from Steger Bizzell, Engineer, for M&C Fonseca Construction Company related to additional parking improvements at the City Planning Building for the CDBG Sidewalks Phase II project. Curtis Steger, Steger Bizzell addressed Council stating this Change Order is the final one to close out the CDBG project. He stated that this was for the paving of the additional parking and was not contained in the original scope of work. There was discussion of the process and Council’s desire to, as much as is feasible, be asked to approve prior to the work actually being done. On motion by Liz Rundzieher and second by Steve McIntosh, Council approved Change Order No. 2, for an increase of $17,886.50, from Steger Bizzell, Engineer, for M&C Fonseca Construction Company related to additionalparking improvements at the City Planning Building for the CDBG Sidewalks Phase II project. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. Consideration and possible action to authorize the City Administrator to terminate the phone services agreement with Verizon and authorize the City Administrator to negotiate and execute an agreement with T-Mobile for City cellphone equipment and services. Randy Hodges, Director of Information Technology, addressed Council stating certain staff members were pilot testing T-Mobile phones. The current Verizon monthly phone bill is around $3600. The T-Mobile account will be $2100 per month. At 6:53 PM, Steve McIntosh stepped out. He returned at 6:55 PM. On motion by Tony DeYoung and second by Gram Lankford, Council authorized the City Administrator to terminate the phone services agreement with Verizon and authorize the City Administrator to negotiate and execute an agreement with T-Mobile for City cellphone equipment and services. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. Discuss and consider Resolution 21-R-03.08-01 authorizing the City Administrator to adopt a leak adjustment policy and undefined high-water use policy for city water service and adopting an effective date. Becky Wilkins, City Treasurer addressed Council stating that when the freeze occurred, it was discovered that the City did not have a water leak policy. This policy will allow staff to have the ability and flexibility to address these types of issues. Ms. Wilkins stated she is finalizing a form to use if Council approves the resolution. Mayor Branigan stated she wanted to table this item until such time as Ms. Wilkins could return to Council with the form. Ms. Wilkins explained that she does not want to do that because of the information contained in the form. Utility Billing will do the initial assessment. Mayor Branigan objected to the resolution City Council Page |3 March 8, 2021 12 siting it as nebulous information. Ms. Wilkins responded that she did not consider it nebulous. Following discussion, Kathy Canady made a motion, seconded by Liz Rundzieher, to approve Resolution 21-R-03.08-01 authorizing the City Administrator to adopt a leak adjustment policy and undefined high-water use policy for city water service, and adopting an effective date of March 8, 2021. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. Discussion, consideration, and possible action to approve a Resolution concerning special legislation being introduced at the state legislature to create Williamson County Municipal Utility District 40. Lacie Hale addressed Council stating that recently D.R. Horton approached the City because the company would like to create a MUD in an area adjacent to Butler farms and has created a petition to the Texas Legislature. They ask that the City not object to the MUD. Ms. Hale presented a concept plan to Council. Tad Cleaves, City Attorney explained the two ways a MUD may be created, one of which is via petition for legislation. There is no obligation to the City. The development is around 3600 lots. Following discussion, Kathy Canady, made the motion, seconded by Tony DeYoung, to approve a Resolution concerning special legislation being introduced at the state legislature to create Williamson County Municipal Utility District 40. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. Discuss and consider possible action to approve a policy for staff's use of the Kronos timekeeping system. Lacie Hale addressed Council stating she, Tad Cleaves, and Becky Wilkins have been working on a draft policy but need some clarification from Council. Steve McIntosh stated there have been recent examples of salary exempt employees not showing up to work. In light of this, Mr. McIntosh thinks everyone should use the timekeeping system. Ms. Hale acknowledged that currently, exempt employees only utilize the system to request time off. Ms. Hale stated that an additional benefit to exempt employees using Kronos might be having a better idea of needs for additional support staff. Council directed staff to move forward with the finalization of a draft policy. On motion by Tony DeYoung and second by Kathy Canady, Council postponed this item until the next regular meeting. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. Discuss and consider moving to three (3) Council meetings per month on 1st, 2nd, and 4th Mondays. Kathy Canady presented stating after speaking with staff, she believes this to be necessary at this time. Tony DeYoung asked if this would change anything with the upcoming Council member election. Tad Cleaves, City Attorney stated it would not change anything related to the election. The City Attorney stated this would require an ordinance. City Council Page |4 March 8, 2021 13 On motion by Kathy Canady and second by Liz Rundzieher, Council approved moving to three (3) regular meetings per month on the 1st, 2nd, and 4th Mondays of the month and directing the City Attorney to prepare an Ordinance to this effect. Motion passed on vote of 4 ayes, 1 nay, and 0 abstentions. Tony DeYoung objected to the motion. Update on progress of Bailey Lane project. Curtis Steger, Steger Bizzell stated this is currently in the design phase. Traffic has been studied, and two of the warrants for a stoplight have been met. The school has been contacted; the school is excited about the possibility of this project moving forward. Update on CR 279 and Loop 332 project. Mayor Branigan asked if anyone has done anything to get public input. Mayor Branigan stated she keeps hearing how dangerous this intersection is. She has had several people ask for a totally different design. There was much discussion about the funding through a bond and where this project lies within the Capital Improvement projects. Ms. Hale suggested that staff work on review and charting of current and future Capital Improvement Projects and present at the next regular meeting. Council agreed there should be a priority on the dangerous intersections. Following discussion, Council directed City staff to come back with budget allotments, cost, and overview of CIP projects. Update on progress of Fallwell and Barton. Curtis Steger stated Fallwell was not included in the original CIP for road improvements. Mayor Branigan stated she felt like that intersection was in good shape. There was discussion of this intersection possibly being included in the next road improvements project. Discuss and consider setting Spring Clean-Up Days. On motion by Liz Rundzieher and second by Tony DeYoung, Council approved April 15, 16, and 17 for the next CleanUp days for the City. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. Discuss and consider payment options for residential and commercial wastewater sewer hookups. Kathy Canady stated she had spoken with the City Administrator about this. Ms. Hale stated there is a 2008 ordinance in which the City Administrator may enter into an agreement allowing for a payment plan. The code will need to be updated if Council so chooses. Kathy Canady made a motion to have Lacie Hale and Becky Wilkins update the original plan and bring back to Council on the first regular meeting in April. Liz Rundzieher seconded the motion. Motion passed on vote of 5 ayes, 0 nays, and 0 abstentions. Discussion and consideration on adopting parliamentary procedures and decorum for Council, board, and committee meetings. City Council Page |5 March 8, 2021 14 Kathy Canady addressed Council stating Council does not have a policy currently. Following discussion, Council directed Lacie Hale to come back to Council with a couple of Saturday dates for a workshop regarding parliamentary procedures and decorum. Discuss and consider revising date for retreat. Kathy Canady stated she would like to see a mini retreat in the near future but, for now, would like to postpone this item until a future meeting. EXECUTIVE SESSION Mayor Liz Branigan convened Council into Executive Session at 8:13 PM for discussion of the following items 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). Section 551.071 Consultation with Attorney Consultation with Attorney to seek legal advice regarding pending or contemplated litigation, a settlement offer, or a matter on which the City Attorney has a duty to advise the City Council, including posted agenda items. Pending Agreements related to Butler Farms Update regarding the threatened Clean Water Act litigation Update regarding Campbell v. City of Liberty Hill, et al., Cause No. 20-1570-C26, 26th District Court of Williamson County Section 551.074 Personnel Matters Deliberate the appointment, employment, evaluation, reassignment, duties,discipline, or dismissal of the City Administrator position. Deliberate the appointment, employment, evaluation, reassignment, duties,discipline, or dismissal of the Municipal Prosecutor position. RECONVENE TO REGULAR SESSION Council reconvened to Regular Session at 9:50 PM for deliberation of the following items 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 (Deliberation about Security Devices), and Section 551.087 (Development). Section 551.071 Consultation with Attorney Consultation with Attorney to seek legal advice regarding pending or contemplated litigation, a settlement offer, or a matter on which the City Attorney has a duty to advise the City Council, including posted agenda items. Pending Agreements related to Butler Farms Update regarding the threatened Clean Water Act litigation City Council Page |6 March 8, 2021 15  Update regarding Campbell v. City of Liberty Hill, et al., Cause No. 20-1570-C26, 26th District Court of Williamson County Section 551.074 Personnel Matters Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Administrator position. Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Municipal Prosecutor position. No action was taken. ADJOURNMENT On motion by Liz Rundzieher and second by Tony DeYoung, Council adjourned the meeting at 9:01 PM. Motion passed on vote of 4 ayes, 0 nays, and 0 abstentions. PASSED AND APPROVED by the City Council of the City of Liberty Hill, Texas on Monday, March 22, 2021 on vote of _____ ayes, _____ nays, and _____ abstentions. ______________________________________ Liz Branigan, Mayor [seal] __________________________________ Nancy Sawyer, City Secretary City Council Page |7 March 8, 2021 16  CITY COUNCIL CITY COUNCIL REGULAR MEETING MONDAY - MARCH 22, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 4.c Discuss and consider approval of Right of Entry Agreement for the CR 260 / CR 266 Wastewater Project related to: 900 CR 266, Georgetown, TX 78628 910 CR 266, Georgetown, TX 78628 17 18 19 20  CITY COUNCIL CITY COUNCIL REGULAR MEETING MONDAY - MARCH 22, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 4.d Discuss and consider an Ordinance of the City Council of Liberty Hill, Texas affirming the prior passage of unsigned ordinances from the calendar year 2017. 21  CITY OF LIBERTY HILL ORDINANCE NO. 21-O-03.22-01 AN ORDINANCE OF THE CITY COUNCIL OF LIBERTY HILL, TEXAS, AFFIRMING THE PRIOR PASSAGE OF UNSIGNED ORDINANCES FROM THE CALENDAR YEAR 2017; PROVIDING FOR A PUBLICATION AND PROVIDING AN EFFECTIVE DATE WHEREAS, from January 1, 2017 through December 31, 2017, the City Council (the “Council”) of the City of Liberty Hill (the “City”) passed 22 ordinances; and WHEREAS, pursuant to Texas Local Government Code Section 52.003, if the Mayor did not sign an ordinance or resolution before the fourth day after the date it is passed by Council and also did not object to the ordinance or resolution, the ordinance or resolution takes effect as provided by law; and WHEREAS, the Mayor did not object to any ordinances approved by Council in 2017; and WHEREAS, fully-executed versions of 15 ordinances (the “Unsigned Ordinances”) from 2017 cannot be located by the City Secretary; and WHEREAS, the Unsigned Ordinances are attached in full to this ordinance as separate exhibits; and WHEREAS, it is in the best interest of the City to clarify the written records of the City by authorizing the City Secretary to take action to have the Unsigned Ordinances designated as official original documents for the City. NOW, THEREFORE, BE IT ORDAINED by the City of Liberty Hill City Council: SECTION 1. The Unsigned Ordinances attached hereto as Exhibits A – N are true and correct versions of Council-approved ordinances from the year 2017. SECTION 2. The City Secretary is hereby authorized to take all appropriate actions to certify that the attached Unsigned Ordinances are true and correct versions of Council-approved ordinances for the year 2017 and to take whatever action is required to have the Unsigned Ordinances designated as official originals for the City. SECTION 3. The meeting at which this ordinance was approved was in all things conducted in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 4. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. Resolution Affirming Ordinances from Year 2017 Page 1 of 2 22 SECTION 5. This Ordinance shall become effective and be in full force upon publication as required by law. PASSED & APPROVED this, the 22nd day of March 2021, by a vote of ___ (ayes) to ___ (nays) to ___ (abstentions) of the City Council of Liberty Hill, Texas. _________________________________ Liz Branigan, Mayor ATTEST: Approved as to Form: _________________________________ _________________________________ Nancy Sawyer, City Secretary City Attorney Resolution Affirming Ordinances from Year 2017 Page 2 of 2 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133  CITY COUNCIL CITY COUNCIL REGULAR MEETING MONDAY - MARCH 22, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 4.e Consideration and possible action on a utility agreement and payment plan for wastewater connection at parcel recorded as Goddard School Subdivision, Block A, Lot 1 (R568216) with Star Developers. 134 WASTEWATER SERVICE AGREEMENT BY AND BETWEEN CITY OF LIBERTY HILL, TEXAS AND STAR DEVELOPERS, LLC. Property: GODDARD SCHOOL SUB, BLOCK A, LOT 1, ACRES 6.4204, Tax ID # R568216 County: Williamson County The Developer will be the Owner of the real property (the “Property”) located both in the Liberty Hill 1/2 Mile ETJ. This Wastewater Service Agreement (“Agreement”) is entered into as of the Effective Date, by and among the City of Liberty Hill, a Texas Home Rule Municipal Corporation (“City”); and Star Developers LLC. (“Developer”). The terms and agreement herein will establish rights to wastewater service and capacity availability in the wastewater treatment plant, lift station and use of Living Unit Equivalent’s (LUEs) required by the Developer to receive wastewater service that both the Developer and City can expect moving forward with the project. This agreement will establish rights for the Developer to secure wastewater service entitlements for 91 LUE for a multi- family development on the Property. The 91 LUEs represents 130 dwelling units (0.7 LUE per unit). The City impact fee is $4,500 per LUE. The total impact fee of a 91 LUE development is $409,500. Previous agreements and development fees have been paid, and the Developer reserves the rights to claim all credits that are applicable to this site if applicable. Payment schedule:  Developer will pay 25% of the impact fee which is $102,375 within three business days of the date this agreement is effective.  The Developer will pay the next 25% of the impact fees which is $102,375 upon approval of the Site plat to be submitted and processed without unreasonable delay by the Developer or his consultants.  The Developer will pay the next 25% which is $102,375 when they receive either (i) the building permit for vertical construction for any portion of the Property or (ii) begin vertical construction on any portion of the Property, if a building permit is not required.  The Developer will pay any remaining balance of the impact fee when Developer applies for the stormwater permit or by October 1, 2021, whichever is first. Upon the 1st payment ($102,375) made by the developer, the total 91 LUE’s will be reserved as long as the project continues to move forward toward completion unless the developer seeks to reduce the needed LUEs or terminate the agreement. Upon termination of the agreement, the City will any impact fees paid prior to termination. Build-out Schedule The reservation of 91 LUEs contemplated herein will expire 36 months after the this Agreement is effective. 135 IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the dates indicated below to be effective at the date of latest execution. CITY OF LIBERTY HILL, TEXAS By: Lacie Hale, City Administrator Date: THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on _______________, 2021, by Lacie Hale, City Administrator of the City of Liberty Hill, Texas, a Texas municipal corporation for the purposes herein expressed. Notary Public STAR DEVELOPERS, LLC By: Printed Name: Title: Date: THE STATE OF TEXAS § § COUNTY OF WILLIAMSON § This instrument was acknowledged before me on _______________, 2021, by (Name), (Title) of STAR DEVELOPERS, LLC, a limited liability company, for the purposes herein expressed. Notary Public 136  CITY COUNCIL CITY COUNCIL REGULAR MEETING MONDAY - MARCH 22, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 4.f Discuss and consider recommendation of the Downtown Beautification Committee to purchase and install three (3) flagpoles in downtown parking lot in an amount not to exceed $6,500. Presented by Lacie Hale 137  SHIPPING & DELIVERY ALERT DUE TO COVID 19 * THERE MAY BE DELAYS. LEARN MORE Home Page About Us Links Contact Us Shop by Category 1 item Total: $1,727.00 View cart Checkout Home > Shopping cart Product Price Quantity Remove Total 20ft. x 5in. x .188in. Internal Aluminum Flagpole with Winch $1,727.00 Remove $1,727.00 1 Satin Aluminum (Standard) Ground Sleeve (Standard), Ground Sleeve (Standard), Ground Sleeve (Standard), Ground Sleeve (Standard) Total: $1,727.00 Update cart Checkout 138  CITY COUNCIL CITY COUNCIL REGULAR MEETING MONDAY - MARCH 22, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 6.a Introduction of Mike McKamie, candidate for interim City Attorney for the City of Liberty Hill. 139  CITY COUNCIL CITY COUNCIL REGULAR MEETING MONDAY - MARCH 22, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 6.b Consideration and possible action to authorize the City Administrator to negotiate and execute the contract for the interim City Attorney. 140 STATE OF TEXAS § INDEPENDENT CONTRACTOR COUNTY OF WILLIAMSON § AGREEMENT -- CITY OF LIBERTY HILL § LEGAL SERVICES This Agreement is by and between the City of Liberty Hill, Texas, acting by and through Lacie Hale its City Administrator (“City”) and William M. McKamie, Partner in the law firm of Taylor, Olson, Adkins, Sralla & Elam, LLP (“Attorney”). The parties agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the expectations of and benefits to be provided to Attorney while he provides services as Interim City Attorney of the City of Liberty Hill. It is the intention of the parties that City will utilize the services of Attorney as an Independent Contractor rather than as an employee of the City. It is understood and agreed that Attorney is permitted to provide legal services to others so long as such other services do not create a conflict of interest. 2. Term. This Agreement is for an indefinite term of employment. It does not create and shall not be construed as creating an agreement to employ for any specific period of time. The parties agree that this Agreement does not alter the at-will status of the Attorney’s employment. The provisions of this Agreement, as may be amended, apply for the duration of employment. 3. Duties and Authority. The City Manager hereby appoints William McKamie as Interim City Attorney to perform all customary and usual functions and duties of the position of City Attorney, including but not limited to those specified by state law, any applicable City ordinances, resolutions, and policies; and such other duties as may be prescribed by the City Council and City Administrator from time to time. 4. Compensation & Benefits. City agrees to pay Attorney compensation as follows: 1. For attendance at City Hall office during business hours (10:00 a.m. to Close of Business), two days per week: $ 1,000.00 per day. 2. For attendance at Regular Meetings of the City Council: $250.00 3. For work outside of items 1 and 2, including Special Projects, Special City Council Meetings and Board and Commission Meetings (as required): Hourly Rate William M. McKamie $250.00 141  Other Firm Attorneys $200.00 4. For Public Information Act requests: Hourly Rate Attorneys $200.00 Paralegals $ 90.00 5. Litigation (including Administrative Hearings and related): Preparation Time – Hourly Rate $250.00 Court Room Time – Hourly Rate $300.00 6. Municipal Court Prosecution services Not Included under this Agreement. Hourly rates above will be billed in increments of one-tenth (1/10) of an hour. The City is specifically contracting herein for the services of William M. McKamie. The use of other attorneys must be approved in advance by the City Administrator. Attorney understands Attorney will not be entitled to any City benefits including, but not limited to, health/dental insurance, unemployment benefits, disability benefits, paid vacation, sick leave and retirement; that City will not contribute to Medicare, social security, or any other required employment tax; and will not withhold income tax, FICA or Medicare taxes from the compensation to be paid to Attorney. City will annually file a Form 1099 MISC. with the IRS with copy to Attorney. Compensation may be reviewed on an annual basis. In addition to the above-described compensation, the following benefits will be paid/provided by the City to the Attorney. A. Travel. The City agrees to provide Attorney roundtrip mileage at the then-applicable IRS rate from the firm office in San Antonio, Texas to Liberty Hill, Texas (110 miles). Attorney will not bill City for travel time. B. Business Expenses. The City will reimburse Attorney for the following expenses, upon receiving duly executed receipts, vouchers, statements, or personal affidavit therefor: (1) Reasonable and necessary costs of travel and subsistence expenses of the Attorney for professional and official travel for City-related business, meetings, official functions, seminars, conventions, and the like. (2) Reasonable and necessary costs of general expenses of a non-personal but job- related nature incurred by Attorney in furtherance of City business. 5. Other Benefits. To the extent allowed by law, the City shall provide both a defense and indemnity to the Attorney against all claims, suits, demands, causes of action, attorney fees, penalties, fines, and interest that arise out of or relate to the Attorney’s performance of this Agreement (whether by act 142 or omission) in his official capacity; provided however, that grossly negligent, knowingly and intentional, or criminal misconduct is excluded. 7. Billing and Invoices. Attorney shall provide to City a monthly invoice describing the services provided during the prior month. Payment shall be processed and paid within thirty (30) days. Any questions and billing errors shall be addressed promptly by the parties. 7. Work Schedule. Attorney and the City shall agree to an appropriate workweek schedule, which schedule will include two days a week of services in Liberty Hill -- Mondays, and one other day of the week (preferably Tuesday) during business hours between mid-morning and close-of-business of each week to be the usual schedule; and accessibility via phone and email at all other times. The parties acknowledge that additional weekly services will be required by City to be performed in Liberty Hill and elsewhere on behalf of the City. 8. Other Terms & Conditions. William McKamie shall take and subscribe to the Oath prescribed by the Texas Constitution and laws for members of the City Council. No bond is required of Attorney at this time. The City and Attorney may agree to other terms and conditions for services as they may determine from time to time. 9. Termination. This Agreement may be terminated by City at any time by prior written notification to Attorney. Attorney, subject to the ethical considerations applicable to the practice of law, may terminate this Agreement by thirty days (30 days) written notice to City if good cause for termination exists, if termination can be accomplished without material adverse effect to the City’s interests, or if City fails to fulfill its payment obligations under this Agreement. Upon termination City will be obligated to pay Attorney for all services rendered and expenses incurred by Attorney prior to the date of receipt of the written notice of termination. 9. General Provisions. This Agreement sets forth the entire understanding between the Attorney and City relating to the employment of the Attorney by City. Any prior discussions or representations by or between the parties are merged into and rendered null by this Agreement. The parties may amend this Agreement by mutual agreement in writing. This Agreement is intended to be binding on City and the Attorney and their assigns, successors, heirs, executors, and beneficiaries. The invalidity or partial invalidity of this Agreement shall not affect the validity of the remainder of the Agreement, and such remainder shall be deemed to be in full force and effect as if they had been separately executed by the parties. In the event of a dispute arising hereunder, venue shall be set in an applicable state court located in Williamson County, Texas. The parties have executed this Agreement on this _________ day of March 2021, to be effective as of March ___, 2021. 143 City of Liberty Hill By: __________________________ _____________________________ Lacie Hale William M. McKamie, Attorney City Administrator Taylor, Olson, Adkins, Sralla & Elam, LLP ATTEST: ___________________________ Nancy Sawyer, City Secretary 144  CITY COUNCIL CITY COUNCIL REGULAR MEETING MONDAY - MARCH 22, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 6.e Consideration and possible action on Capital Improvement Plan projects for 2021 Streets Tax Note. Presented by Lacie Hale, City Administrator 145  CITY COUNCIL CITY COUNCIL REGULAR MEETING MONDAY - MARCH 22, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 6.f Consideration and possible action to approve an Ordinance of the City Council of Liberty Hill, Texas, amending Chapter 1, Article 1.03, Division 2 of the Code of Ordinances adding a regular city council meeting on the first Monday of each month. 146 City Council Meeting Date: March 22, 2021 Item No. AGENDA ITEM COVER SHEET ITEM: Consideration and possible action to approve an Ordinance of the City Council of Liberty Hill, Texas, amending Chapter 1, Article 1.03, Division 2 of the Code of Ordinances adding a regular city council meeting on the first Monday of each month. ITEM SUMMARY: This item amends the City’s Code of Ordinances to add a regular city council meeting on the first Monday of each month. ATTACHMENTS: 1. Ordinance Submitted by: Tad Cleaves, City Attorney Page 1 of 1 147  CITY OF LIBERTY HILL ORDINANCE NO. 21-O- AN ORDINANCE OF THE CITY COUNCIL OF LIBERTY HILL, TEXAS, AMENDING CHAPTER 1, ARTICLE 1.03, DIVISION 2 OF THE CODE OF ORDINANCES TO UPDATE REGULAR COUNCIL MEETING SCHEDULES; PROVIDE FOR A REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE WHEREAS, the City Council of the City of Liberty Hill (“City Council”) finds it to be in the public interest and necessary to increase the number of regular meetings of the City Council from two to three; and NOW, THEREFORE, BE IT ORDAINED by the City of Liberty Hill City Council: SECTION 1. The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. SECTION 2. That Chapter 1, Article 1.03, Division 2, Sections 1.03.031 of the Code of Ordinances of the City of Liberty Hill, Texas be amended to read as shown on Attachment “A” which is attached hereto for all purposes as though set forth herein at length, with all the words stricken through to be deletions and all underlined words to be additions. SECTION 3. All ordinances, resolutions, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance, are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters regulated, herein. SECTION 4. Should any of the clauses, sentences, paragraphs, sections or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. SECTION 5. This Ordinance shall be effective immediately upon passage. SECTION 6. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. City of Liberty Hill Page 1 of 2 Ord: Regular Meeting Schedule March 17, 2021 148 PASSED & APPROVED this, the 22nd day of March, 2021, by a vote of ___ (ayes) to ___ (nays) to ___ (abstentions) of the City Council of Liberty Hill, Texas. The City of Liberty Hill, Texas _________________________________ Liz Branigan, Mayor ATTEST: Approved as to Form: _________________________________ _________________________________ Nancy Sawyer, City Secretary Tad Cleaves, City Attorney City of Liberty Hill Page 2 of 2 Ord: Regular Meeting Schedule March 17, 2021 149 Attachment “A” 150 Article 1.03 Mayor and City Council Division 2. Council Meetings Sec. 1.03.031 Types of meetings; notice to media (a) Types of meetings. (1) Regular meetings will be held on the first, second and fourth Monday nights of each month at a time to be determined by the mayor or by resolution of the city council. If a regular meeting is unable to be held on said night, then an alternate date may be set. If a regular scheduled meeting falls on a city holiday, that meeting shall be moved to the next regular business day and is still a regular meeting. The location of a regular meeting will be contained on the posted agenda. (2) The mayor may call a special meeting on the mayor's own motion and shall call a special meeting on the application of three council members. (3) Workshop meetings will be called as needed to allow time for discussion of complex or involved matters, such as the budget. No official action will be taken at such meetings. (b) Notice to media. Notice to the media of all council meetings shall be the responsibility of the city secretary’s office. A copy of the agenda shall be made available to the newspapers upon request. 151  CITY COUNCIL CITY COUNCIL REGULAR MEETING MONDAY - MARCH 22, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 6.h Consideration and possible action to approve an Ordinance of the City Council of Liberty Hill, Texas amending Chapter 1, Article 1.03, Division 2 of the Code of Ordinances related to Citizen Comments at Public meetings. Requested by Kathy Canady and Gram Lankford 152  CITY OF LIBERTY HILL ORDINANCE NO. 21-O- AN ORDINANCE OF THE CITY COUNCIL OF LIBERTY HILL, TEXAS, AMENDING CHAPTER 1, ARTICLE 1.03, DIVISION 2 OF THE CODE OF ORDINANCES TO UPDATE CITIZEN COMMENTS REGULATIONS; PROVIDE FOR A REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE WHEREAS, the City Council (“Council”) of the City of Liberty Hill (“City”) finds it to be in the public interest and necessary to update the City’s regulations related to public comments at Council meetings; and WHEREAS, the City is subject to Texas Government Code Chapter 551 (the “Texas Open Meetings Act” or “TOMA”) which sets rules related to the conduct of meetings of governmental bodies; and WHEREAS, Effective September 1, 2019, Section 551.007 was added to TOMA and created new rights for members of the public to address municipal governmental bodies and give public testimony; and WHEREAS, pursuant to Texas Government Code § 551.007(b), Council shall allow each member of the public who desires to address the Council regarding an item on an agenda for an open meeting of the body to address the Council regarding the item at the meeting before or during the Council’s consideration of the item; and WHEREAS, pursuant to Texas Government Code § 551.007(c), Council may adopt reasonable rules regarding the public's right to address the Council under this section, including rules that limit the total amount of time that a member of the public may address the Council on a given item; and WHEREAS, pursuant to Texas Government Code § 551.007(e), Council may not prohibit public criticism of the governmental body, including criticism of any act, omission, policy, procedure, program, or service; and WHEREAS, the provisions of Texas Government Code § 551.007 apply to the Council as well as any deliberative body that has rulemaking or quasi-judicial powers within the City; and WHEREAS, City Council desires to make changes to the Code of Ordinances (“Code”) to bring the Code into compliance with state law and make other changes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF LIBERTY HILL CITY COUNCIL: SECTION 1. The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. SECTION 2. That Chapter 1, Article 1.03, Division 2, Sections 1.03.033 of the Code of Ordinances of the City of Liberty Hill, Texas be amended to read as shown on Attachment “A” which is attached City of Liberty Hill Page 1 of 2 Ord: Citizen Comments March 18, 2021 153 hereto for all purposes as though set forth herein at length. SECTION 3. All ordinances, resolutions, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance, are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters regulated, herein. SECTION 4. Should any of the clauses, sentences, paragraphs, sections or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. SECTION 5. This Ordinance shall be effective immediately upon passage. SECTION 6. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. PASSED & APPROVED this, the 22nd day of March, 2021, by a vote of ___ (ayes) to ___ (nays) to ___ (abstentions) of the City Council of Liberty Hill, Texas. The City of Liberty Hill, Texas _________________________________ Liz Branigan, Mayor ATTEST: Approved as to Form: _________________________________ _________________________________ Nancy Sawyer, City Secretary Tad Cleaves, City Attorney City of Liberty Hill Page 2 of 2 Ord: Citizen Comments March 18, 2021 154 Attachment “A” 155 Liberty Hill Code of Ordinances Chapter 1 General Provisions Article 1.03 Mayor and City Council Division 2. Council Meetings Sec. 1.03.033 Citizen comments For each meeting the following procedures for citizens’ comments shall apply: (1) Public Comments Unrelated to an Agenda Item (a) For each regular city council meeting, an agenda section shall be placed on the city council agenda allowing for members of the public to address the city council. Said section shall be identified as “Public Comments.” The Public Comments portion of the council meeting shall occur before the council considers any item on the regular or consent agendas. (b) A member of the public may address the Council by filing a request with the City Secretary by noon of the Tuesday prior to the Monday Council Meeting. The request must include the speaker’s name, residence address, daytime telephone number, and the subject matter to be presented. By filing the request, the speaker consents to having employees or officials of the City contact the speaker in advance of the meeting to discuss the subject matter. The City Secretary will place an item on the Council Meeting agenda specifying the speaker and the subject matter of the public comment. (c) Each member of the public signed-up to speak during Public Comments shall have no more than three (3) minutes to address the city council. If more than 10 speakers sign up to speak during Public Comments, each member of the public shall be allowed a maximum of two minutes to speak. No member of the public may speak during Public Comments more than once every thirty (30) days (d) There will be no general Public Comments item at special city council meetings or workshops. (2) Public Comments – Item-Specific (a) This subsection applies to meetings of the City Council, the Planning and Zoning Commission, the Board of Adjustment, the Building Standards Commission, and any other deliberative body that has rulemaking or quasi-judicial power within the City which is subject to the Texas Open Meetings Act (collectively referred to within this subsection as a “Board” or “Boards”). (b) Boards shall allow each member of the public who desires to address the Board regarding an item on an agenda for an open meeting of the Board to address the Board regarding the item at the meeting before or during the Board’s consideration of the item. (c) A sign-up sheet shall be placed at the Board’s meeting location allowing for a member of the public to sign up to address the Board. A member of the public may address the Board by signing up to speak prior to the start of a Board’s meeting. The sign-up sheet shall be collected immediately before the start of each Board meeting. No one may sign up to address the Board after the sign-up sheet has been collected. 156 (d) Each member of the public signed-up to speak shall have no more than three (3) minutes to address the city council. If more than 5 speakers sign up to speak on an agenda item, each member of the public shall be allowed a maximum of two minutes to speak. 157  CITY COUNCIL CITY COUNCIL REGULAR MEETING MONDAY - MARCH 22, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 6.k Discuss and consider possible action to approve a policy for staff's use of the Kronos timekeeping system. Requested by Gram Lankford, Council member 158  CITY COUNCIL CITY COUNCIL REGULAR MEETING MONDAY - MARCH 22, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 6.n Consideration and possible action to approve an Ordinance of the City Council of Liberty Hill, Texas, amending Chapter 13, Article 13.02, Division 2 of the Code of Ordinances related to wastewater connection charges. 159 City Council Meeting Date: March 22, 2021 Item No. AGENDA ITEM COVER SHEET ITEM: Consideration and possible action to approve an Ordinance of the City Council of Liberty Hill, Texas, amending Chapter 13, Article 13.02, Division 2 of the Code of Ordinances related to wastewater connection charges. ITEM SUMMARY: This item updates the existing installment payment plan ordinances related to paying wastewater connection fees over time. ATTACHMENTS: 1. Ordinance 2. Redline of the changes made to the Code Page 1 of 1 160 Redline of Proposed Code Changes Sec. 13.02.039 Installment payment plan The city council hereby adopts an installment payment plan for persons or entities seeking to pay the applicable sewer/wastewater connection charges for each living unit equivalent required for connection to the city’s wastewater collection system. Each person or entity may make installment payments of the applicable sewer/wastewater connection charges for each living unit equivalent in up to five equal payments with the first payment due at the time the application for an installment plan is made and each successive payment being due and payable no later than 60 days following the previous payment. Installment payment plans may not be longer than 240 days following the initial payment. Any installment payment that is not received by the appropriate payment date may be assessed a late fee of up to five percent (5%). The city council hereby authorizes the city administrator or their designee to execute an installment payment agreement on behalf of the city. The city treasurer is hereby directed to provide for an accounting system to ensure that each customer’s account is properly credited. 161  CITY OF LIBERTY HILL ORDINANCE NO. 21-O- AN ORDINANCE OF THE CITY COUNCIL OF LIBERTY HILL, TEXAS, AMENDING CHAPTER 13, ARTICLE 13.02, DIVISION 2 OF THE CODE OF ORDINANCES TO UPDATE INSTALLMENT PAYMENT PLAN PROCEDURES RELATED TO WASTEWATER CONNECTION CHARGES; PROVIDE FOR A REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE WHEREAS, the City Council of the City of Liberty Hill (“City Council”) finds it to be in the public interest and necessary to update the installment payment plan procedures related to payment of wastewater connection fee charges. NOW, THEREFORE, BE IT ORDAINED by the City of Liberty Hill City Council: SECTION 1. The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. SECTION 2. That Chapter 13, Article 13.02, Division 2, Sections 13.02.039 and 13.02.040 of the Code of Ordinances of the City of Liberty Hill, Texas be removed in their entirety and replaced as shown on Attachment “A” which is attached hereto for all purposes as though set forth herein at length. SECTION 3. All ordinances, resolutions, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance, are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters regulated, herein. SECTION 4. Should any of the clauses, sentences, paragraphs, sections or parts of this Ordinance be deemed invalid, unconstitutional, or unenforceable by a court of law or administrative agency with jurisdiction over the matter, such action shall not be construed to affect any other valid portion of this Ordinance. SECTION 5. This Ordinance shall be effective immediately upon passage. SECTION 6. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. City of Liberty Hill Page 1 of 2 Ord: Wastewater Installment Payment Plan March 22, 2021 162 PASSED & APPROVED this, the 22nd day of March, 2021, by a vote of ___ (ayes) to ___ (nays) to ___ (abstentions) of the City Council of Liberty Hill, Texas. The City of Liberty Hill, Texas _________________________________ Liz Branigan, Mayor ATTEST: Approved as to Form: _________________________________ _________________________________ Nancy Sawyer, City Secretary Tad Cleaves, City Attorney City of Liberty Hill Page 2 of 2 Ord: Wastewater Installment Payment Plan March 22, 2021 163 Attachment “A” 164 Code of Ordinances Chapter 13 Article 13.02 Division 2 Sec. 13.02.039 Installment payment plan The city council hereby adopts an installment payment plan for persons or entities seeking to pay the applicable sewer/wastewater connection charges for each living unit equivalent required for connection to the city’s wastewater collection system. Each person or entity may make installment payments of the applicable sewer/wastewater connection charges for each living unit equivalent in up to five equal payments with the first payment due at the time the application for an installment plan is made and each successive payment being due and payable no later than 60 days following the previous payment. Installment payment plans may not be longer than 240 days following the initial payment. Any installment payment that is not received by the appropriate payment date may be assessed a late fee of up to five percent (5%). The city council hereby authorizes the city administrator or their designee to execute an installment payment agreement on behalf of the city. The city treasurer is hereby directed to provide for an accounting system to ensure that each customer’s account is properly credited. 165  CITY COUNCIL CITY COUNCIL REGULAR MEETING MONDAY - MARCH 22, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 7.a Section 551.074 Personnel Matters Discuss authorizing the City Administrator to negotiate and execute the contract for the interim City Attorney. Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Administrator position. Section 551.071 Consultation with Attorney Update regarding threatened Clean Water Act litigation. Status of compliance process with TCEQ regarding TPDES Permit No. WQ0014477001 166  CITY COUNCIL CITY COUNCIL REGULAR MEETING MONDAY - MARCH 22, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 8.a Section 551.074 Personnel Matters Discuss and consider authorizing the City Administrator to negotiate and execute the contract for the interim City Attorney. Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Administrator position. Section 551.071 Consultation with Attorney Update regarding threatened Clean Water Act litigation. Status of compliance process with TCEQ regarding TPDES Permit No. WQ0014477001 167