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Planning & Zoning Commission (P&Z)

Regular Meeting

Liberty Hill, TX · March 2, 2021

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Agenda

PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - MARCH 2, 2021 - 6:30 PM AGENDA Council Chambers at Municipal Court - 2801 Ranch Road 1869, Liberty Hill, Texas VACANT POSITION Brian Williams Wes Griffin Steve McIntosh Cheryl New Steve Messana Josh McGinty 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 Public Comments are welcome. Williamson County, Texas has moved into the RED PHASE (uncontrolled community transmission) of COVID awareness. Capacity for Planning and Zoning Commission meetings is now set at 50% or 35 persons. The Governor's Order requires face masks when social distancing cannot be maintained. You may submit Public Comments in person, or you may submit to the City Secretary at nsawyer@libertyhilltx.gov before 3:00 PM the day of the meeting. 3) REGULAR AGENDA 1 a) Discuss and consider approval of minutes of January 5, 2021 Planning and Zoning meeting. b) Discuss and consider approval of minutes of February 2, 2021 Planning and Zoning meeting. c) Discussion and recommendation to the City Council on final action of the Final Plat application for the Highland Meadows, Section 4A addition, located along the west side of Orchard Ridge Parkway, south of State Highway 29. d) Discussion and recommendation to the City Council on final action of the Final Plat application for the Highland Meadows, Section 4B addition, located along the east side of Orchard Ridge Parkway, south of State Highway 29. e) Discussion on Planning Commission membership composition, appointment process and timing, by-laws and governing ordinances, as requested by the Planning Commission. 4) 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. 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 26th day of February, 2021 at 4:00 PM. Nancy Sawyer – City Secretary. 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________ 2 PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - MARCH 2, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.a Discuss and consider approval of minutes of January 5, 2021 Planning and Zoning meeting. 3 Planning and Zoning Commission Minutes Tuesday – January 5, 2021 – 6:30 PM Liberty Hill Municipal Court 2801 Ranch Road 1869 – Liberty Hill CALL TO ORDER The Planning and Zoning Commission meeting was called to order by Commission Chair Wes Griffin on Tuesday – January 5, 2021 at 6:33 PM at 2801 Ranch Road 1869, Liberty Hill, Texas. Quorum was established. Invocation was given by Wes Griffin followed by the Pledge of Allegiance and Texas Pledge. Planning and Zoning Commissioners present: Wes Griffin, Brian Williams, Steve McIntosh, and Steve Messana REGULAR AGENDA Discuss and consider approval of minutes of the Planning and Zoning meeting held December 1, 2020. OUTCOME: On motion by Steve Messana and second by Brian Williams, the Commission approved the minutes of December 1, 2020 as amended. Motion passed on vote of 4 ayes, 0 nays, and 0 abstentions. Discussion and recommendation to the City Council on final action of the Final Plat application for the Stonewall Ranch Section 10 addition, located near the intersection of Stonewall Parkway and Siltstone Way. OUTCOME: David Stallworth, Senior Director of Planning addressed the commissioners stating this application is for 71 residential lots and 1,911 linear feet of new public street on +/- 11.90 acres. On motion by Steve Messana and second by Brian Williams, the Commission approved recommending acceptance by Council of the Final Plat application for the Stonewall Ranch Section 10 addition. Motion passed on vote of 4 ayes, 0 nays, and 0 abstentions. Discussion and recommendation to the City Council on final action of the Final Plat application for the Summerlyn West Section 3 addition, located along the north side of Hummingbird Lane, west of Green Egret Way. Planning and Zoning Minutes 1|Page January 5, 2021 4 OUTCOME: David Stallworth, Senior Director of Planning addressed the commissioners stating this application, if approved, will yield 68 residential lots and two non-residential lots on approximately 18 acres. On motion by Steve Messana and second by Brian Williams, the Commission approved recommending acceptance by Council of the Final Plat application for the Summerlyn West Section 3 addition. ADJOURNMENT On motion by Brian Williams and second by Steve Messana, the Planning and Zoning Commission was adjourned at 6:38 PM. _____________________________ Wes Griffin Chair Planning and Zoning Minutes 2|Page January 5, 2021 5 PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - MARCH 2, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.b Discuss and consider approval of minutes of February 2, 2021 Planning and Zoning meeting. 6 Planning and Zoning Commission Minutes Tuesday – February 2, 2021 – 6:30 PM Location: Liberty Hill Municipal Court 2801 Ranch Road 1869 – Liberty Hill CALL TO ORDER The Planning and Zoning Commission meeting was called to order by Commission Chair Wes Griffin on Tuesday – February 2, 2021 at 6:41 PM at 2801 Ranch Road 1869, Liberty Hill, Texas. Quorum was established. Invocation was given by Wes Griffin followed by the Pledge of Allegiance and Texas Pledge. Planning and Zoning Commissioners present: Wes Griffin, Steve Messana, Josh McGinty, Cheryl New PUBLIC HEARING Wes Griffin opened the Public Hearing at 6:42, stating: NOTICE IS HEREBY GIVEN that the City of Liberty Hill has been asked to review and approve the following application(s), to wit: A request for a Zone Map Amendment from the Agriculture (AG) zoning classification to the Light Industrial (I1) zoning classification on the following property: Lots 10 and 11, Barmor Inc Section 2 Addition; specifically located at 137 and 141 Jonathan Drive, generally located at the north terminus of Jonathan Drive, north of West State Highway 29, identified as Assessor’s Parcels Number R-484160 and R-484161 and consisting of 2.00 acres. In accordance with Section 211.006, Texas Local Government Code, a public hearing on this application will be conducted by the Planning and Zoning Commission (Commission) on Tuesday, February 2, 2021 at 6:30 PM. The Commission will forward its recommendation to the City Council, who will conduct its own public hearing on the matter on Monday, February 8, 2020 at 6:30 PM and take final action. Both public hearings will take place at the Municipal Court Building, Council Chambers, 2801 RM 1869 in Liberty Hill, Texas. For more information, you may either visit the Development Services Department at 100 Forrest Street, call (512) 778-5449, or send an email to planning@libertyhilltx.gov. Planning and Zoning Minutes 1|Page February 2, 2021 7 Outcome: Senior Director of Planning, David Stallworth gave a brief description of the land and zoning to be changed. He stated that this is simple housekeeping, that the land was platted in 2006 with approximately 11 other plots as industrial, and in 2015 it was annexed with AG zoning. The site plan for these lots was done and approved in 2018 or 2019, approved to become office warehouses by Council, but the zoning did not get changed at that time. This change is in order to fix the non-conforming issue. There were no additional public comments. The Public Hearing was closed by Wes Griffin at 6:47 PM. PUBLIC COMMENTS No Public Comments. REGULAR AGENDA Discuss and consider A request for a Zone Map Amendment from the Agriculture (AG) zoning classification to the Light Industrial (I1) zoning classification on the following property: Lots 10 and 11, Barmor Inc., Section 2 Addition, Liberty Hill, Williamson county, Texas; generally located at the north terminus of Jonathan Drive, north of West State Highway 29, identified as Assessor’s Parcels Number R-484160 and R-484161 and consisting of a total of two (2) acres. Outcome: On motion by Steve Messana and second by Josh McGinty, the Commission approved recommendation of this zone map amendment to Council. Motion passed on vote of 4 ayes, 0 nays, and 0 abstentions ADJOURNMENT On motion by Steve Messana and second by Cheryl New, the Planning and Zoning Commission was adjourned at 6:49 PM. _____________________________ Wes Griffin Chair Planning and Zoning Minutes 2|Page February 2, 2021 8 PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - MARCH 2, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.c Discussion and recommendation to the City Council on final action of the Final Plat application for the Highland Meadows, Section 4A addition, located along the west side of Orchard Ridge Parkway, south of State Highway 29. 9 PLANNING AND ZONING COMMISSION February 16, 2021 CITY COUNCIL February 22, 2021 ITEM: Discussion and recommendation to the City Council on final action of the Final Plat application for the Highland Meadows, Section 4A addition, located along the west side of Orchard Ridge Parkway, south of State Highway 29. OWNER: F-L HM Owner LP AGENT: Gray and Associates, Inc., by Richard Grayum, P.E. WILCO ID NO.: R-331209, R-331210 and R-567520 ZONING: SF-3; Outside City Limits (ETJ) Discussion: If approved, the final plat will yield 25 residential lots, 2 non lots and 662 linear feet of new public street on +/-18.461 acres. Recommendation: Staff finds the application complete and suitable for further consideration. 10 11 PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - MARCH 2, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.d Discussion and recommendation to the City Council on final action of the Final Plat application for the Highland Meadows, Section 4B addition, located along the east side of Orchard Ridge Parkway, south of State Highway 29. 12 PLANNING AND ZONING COMMISSION February 16, 2021 CITY COUNCIL February 22, 2021 ITEM: Discussion and recommendation to the City Council on final action of the Final Plat application for the Highland Meadows, Section 4B addition, located along the east side of Orchard Ridge Parkway, south of State Highway 29. OWNER: F-L HM Owner LP AGENT: Gray and Associates, Inc., by Richard Grayum, P.E. WILCO ID NO.: R-548200, R-548202 and R-548203 ZONING: SF-3; Outside City Limits (ETJ) Discussion: If approved, the final plat will yield 51 residential lots, 4 non lots and 1,896 linear feet of new public street on +/-25.706 acres. Recommendation: Staff finds the application complete and suitable for further consideration. 13 14 PLANNING AND ZONING COMMISSION PLANNING & ZONING COMMISSION REGULAR MEETING TUESDAY - MARCH 2, 2021 2801 Ranch Road 1869 - Liberty Hill AGENDA ITEM 3.e Discussion on Planning Commission membership composition, appointment process and timing, by- laws and governing ordinances, as requested by the Planning Commission. 15 DEVELOPMENT SERVICES DEPARTMENT, PLANNING AND ZONING 100 Forrest Street │ P.O. Box 1920 Liberty Hill, TX 78642 TO: Planning and Zoning Commission, City of Liberty Hill FROM: David Stallworth, AICP DATE: February 26, 2020 RE: Re-examination of by-laws and any ordinances that govern procedures, rules, function, composition and purpose of the Planning and Zoning Commission (Commission), as well as any considerations and actions taken by the City Council affecting said Commission. At the request of the Commission, Planning and Zoning staff conducted a preliminary review of the Commission’s rules, procedures and policies in order to note any inconsistencies and identify any matters that may be having a dubious impact on the Commission’s functionality as well as its membership composition, longevity and rotation. As a result of its review, staff has identified some issues and has determined that a re-examination and reassessment of the By-Laws for the Planning and Zoning Commission, §§2.03.06 of the Unified Development Code and Article 2, Division 2 of the Code of Ordinances is warranted. Documentation is hereby attached that may be salient to this discussion. 16 LIBERTY HILL CODE OF ORDINANCES CHAPTER 1, GENERAL PROVISIONS ARTICLE 1.07 BOARDS, COMMITTEES, COMMISSIONS … Division 2. Planning and Zoning Commission Part I. Establishment Sec. 1.07.031 Repeal of previous commission The city hereby repeals and dissolves the planning and zoning commission as it existed prior to the adoption of this part. (Ordinance 03-O-22, sec. 2, adopted 8/11/03) Sec. 1.07.032 Creation The city hereby creates and establishes a planning board which shall also serve as a zoning board and which shall be known as the planning and zoning commission (hereinafter “commission”) for the city. The commission shall serve as an advisory board to the city council. The commission shall make recommendations relating to the development and redevelopment of the city and its environs. The commission shall have all duties imposed upon such body by ordinance, state statute or other applicable law. The members of the commission shall be selected by the city council. The commission members shall serve at the pleasure of the city council. The commission members shall be registered voters of the city and have resided within the city for at least six months preceding their appointment, except one member may be a registered voter residing within the district boundary of the Liberty Hill Independent School District. (Ordinance 09-O-46 adopted 9/14/09) Sec. 1.07.033 Composition; term of office The city’s planning and zoning commission shall consist of five (5) members who shall be appointed by the city council for terms of two years. The commission members shall be comprised of at least three members that reside within the corporate limits of the city. The remaining two (2) members may reside within the corporate boundaries of the Liberty Hill Independent School District. However, no more than three members may reside outside the city’s corporate limits or extraterritorial jurisdiction. In the absence of qualified candidates, the city council may waive these requirements to fill a vacant post. A commission member may be removed by the city council for any reason. A majority of the appointed members shall constitute a quorum for the transaction of business. The terms of office shall be staggered, 17 except that the respective terms of three members of the commission appointed is one year initially and two years thereafter. Terms end September 30th of each year. All vacancies shall be filled for the unexpired term by the council in the same manner as provided for in the original appointments. (Ordinance 12-O-17 adopted 9/10/12) Sec. 1.07.034 Alternate commission members The city council is authorized to appoint four (4) or more alternate members of the commission who shall serve in the absence of the one or more regular members when requested to do so by the chairman of the commission. Alternate members serve for the same term and are subject to removal in the same manner as regular members. A vacancy is filled in the same manner as a vacancy among the regular members. (Ordinance 03-O-22, sec. 5, adopted 8/11/03) Sec. 1.07.035 Vacancies If for any reason any member of the commission is unable to act, resigns from his/her respective position, or is removed from office, then the appointment of a successor to fill the unexpired term of that commission member shall be made by the city council. (Ordinance 03- O-22, sec. 7, adopted 8/11/03) Sec. 1.07.036 Officers The commission shall elect from its membership the following officers: chairman, vice- chairman, and secretary. The chairman shall serve as chairman of the commission. The vice- chairman shall serve when the chairman is unable to perform his/her duties. The commission secretary shall keep a full record of the proceedings of the commission and such other records as the commission may direct. An alternate member may not serve as an officer. (Ordinance 03-O-22, sec. 8, adopted 8/11/03) Sec. 1.07.037 Compensation The members of the commission shall serve with no compensation whatsoever. (Ordinance 03-O-22, sec. 9, adopted 8/11/03) Sec. 1.07.038 Meetings The commission has the power to promulgate its own rules governing its meeting and proceedings, subject to the provisions of this part, but the commission shall have at least one regular meeting each calendar year. Special meetings of the commission shall be called by the 18 chairman of the commission or upon written request of three members of the commission. All meetings of the commission shall be conducted in compliance with the Texas Open Meetings Act. (Ordinance 03-O-22, sec. 10, adopted 8/11/03) Sec. 1.07.039 First members The city hereby removes all members from the planning and zoning commission. Terms of office for all new planning and zoning commission members shall begin October 1, 2011. Four commission members appointed to begin service on October 1, 2011, shall serve two- year terms. Three commission members appointed to begin service on October 1, 2011, shall serve an initial one-year term. Thereafter, all commissioners shall serve two-year terms. (Ordinance 11-O-19 adopted 9/12/11) Secs. 1.07.040–1.07.060 Reserved Part II. Bylaws Sec. 1.07.061 Bylaws saved from repeal The bylaws of the planning and zoning commission, as adopted and amended from time to time, are not published herein, but are specifically saved from repeal. (Ordinance adopting Code) Secs. 1.07.062–1.07.090 Reserved … 19 LIBERTY HILL CODE OF ORDINANCES APPENDIX A, UNIFIED DEVELOPMENT CODE … 2.00 Review Authority and Procedures … 2.03.06 Planning and Zoning Commission A. The regulations and restrictions of the Planning and Zoning Commission for the City of Liberty Hill will be pursuant to the provisions of applicable statutory requirements of the State of Texas. No requirement or the procedure of the Planning and Zoning Commission action may govern if it is in conflict with specific provisions of this Code. B. The Planning and Zoning Commission has the powers and duties of a Planning and Zoning Commission in accordance with Texas Local Government Code §211.007 and §371.042, provided, however, that it serve only in an advisory capacity to City Council. The Planning and Zoning Commission’s authority extends to and includes review and recommendation of the following: 1. Preliminary Plat 2. Conditional Use Permit 3. Overlay District Designation 4. Planned Unit Development 5. Comprehensive Plan Amendment 6. Zoning Map Amendment (Rezoning) 7. Variance to a zoning decision. 8. Unified Development Code Text Amendment C. The Planning and Zoning Commission will be formed and conduct all activities in accordance with this Code and other applicable City code requirements, the ordinance creating the Commission and any adopted Bylaws. 20 D. The Planning and Zoning Commission review process will be required for any permit or application that requires review and recommendations from the Planning and Zoning Commission, as described in this Code. E. Initiation of a Planning and Zoning Commission process may be made upon application by the property owner of the affected property or its authorized agent. F. Application must be made in a format consistent with requirements determined by the City Administrator. Applications must include all materials determined necessary by the City Administrator. Information regarding the format requirements and submittal materials required for the application will be made available by the Manager in advance of any application. G. The Planning and Zoning Commission will serve as an Advisory Body to the City Council. The Planning and Zoning Commission will have no authority for final action. H. A preliminary or final plat, Conditional Use permit, zoning map amendment, or variance request will not be recommended for approval until the application is complete and the information contained within the application is sufficient and correct so as to allow adequate review and a decision on a recommendation by the appropriate review authority. I. No plat shall be recommended without a determination that the plat conforms to the following: 1. The requirements of this Code and any applicable state law. 2. The City’s Comprehensive Plan and any other adopted plans as they relate to: i. The City’s current and future streets, sidewalks, alleys, parks, playgrounds, and public utility facilities; and ii. The extension of the City or the extension, improvement, or widening of its roads, taking into account access to and extension of sewer and water mains and the instrumentalities of public utilities. iii. Any subdivision design and improvement standards adopted by the City pursuant to Texas Local Government Code §212.002 or Texas Local Government Code §212.044, governing plats and subdivision of land within the City’s jurisdiction to promote the health, safety, morals, or general welfare of the City and the safe, orderly, and healthful development of the City. 21 iv. The tract of land subject to the application is adequately served by public improvements and infrastructure, or will be adequately served upon completion of required improvements. J. Until the Commission has been given final action authority by the City Council, appeals shall be made to City Council. … 22 23 24 25 26 27 28 29 30 31 CITY COUNCIL REGULAR MEETING MINUTES MONDAY – DECEMBER 9, 2019 – 6:30 PM 2801 Ranch Road 1869 – Liberty Hill CALL TO ORDER Liberty Hill City Council was called to order at 6:30 PM by Rick Hall – Mayor of Liberty Hill on Monday, December 9, 2019 at Council Chambers – 2801 Ranch Road 1869 – Liberty Hill. Invocation was given followed by reciting the Pledge of Allegiance and Texas Pledge. City Council quorum was established. Council members present: Mayor Rick Hall Mayor Pro Tem Liz Rundzieher Steve McIntosh Gram Lankford Tony DeYoung – arrived late Kathy Canady Others present: Tad Cleaves, Barbara Zwernemann, Wayne Bonnet, Chief Maverick Campbell, Tracy Ventura, Matt Powell, and Nancy Sawyer. REGULAR AGENDA Mayor Hall stated that per the developer’s request, he would entertain a motion to table items 8-e. and 8-g. from consideration. OUTCOME: On motion by Kathy Canady and second by Liz Rundzieher, Council tabled items 8-e. and 8-g. Motion passed on vote of 4 AYES, 0 NAYS, AND 0 ABSTENTIONS. Tony DeYoung had not yet arrived to the meeting. PUBLIC HEARINGS Mayor Rick Hall opened the first public hearing at 6:32 PM stating: NOTICE OF PUBLIC HEARINGS – NOTICE IS HEREBY GIVEN that the Planning & Zoning Commission and City Council of Liberty Hill, Texas will conduct PUBLIC HEARINGS to consider a request for zoning, upon voluntary annexation, for property located in the City of Liberty Hill, better described as 601 STUBBLEFIELD LANE OR A 14.79 ACRE TRACT OF LAND OUT OF THE HENRY FIELDS SURVEY, ABSTRACT NO. 233 IN WILLIAMSON COUNTY, TEXAS BEING ALL OF A CALLED 4.80 ACRE TRACT (TRACT 1) AND A CALLED 10.5 ACRE TRACT (TRACT 2) CONVEYED TO MICHAEL AND KATHLEEN CANTRELL BY DEED RECORDED IN DOCUMENT NO. 2015095611, OFFICIAL PUBLIC RECORDS WILLIAMSON COUNTY, TEXAS. ▪ Applicant is proposing that 6.325 acres be effectively rezoned from Agriculture (AG) to Multifamily 2 (MF2) upon annexation. ▪ Applicant is also proposing rezoning approximately 4.7 acres of the 14.79 acres from Downtown Commercial (C-2) to Multifamily 2 (MF2). ▪ Applicant is also proposing rezoning 3.65 acres of the 14.79 acres from High Density Single Family (SF2) to Multifamily 2 (MF2). The Planning and Zoning Commission and City Council of Liberty Hill, Texas will hold PUBLIC HEARINGS on December 9, 2019 at 12:00 noon and December 9, 2019 at 6:30 PM, respectively, to receive comments on the merits of this request at Council Chambers (Municipal Court Building) located at 2801 Ranch Road 1869 in Liberty Hill. Anyone having interest in this request is invited to attend and present comments to the Planning and Zoning Commission and City Council for consideration at these meetings. If you have questions pertaining to this zoning request, please contact Sally McFeron, Director of Planning at 512-548-5505 or smcferon@libertyhilltx.gov. OUTCOME: There were no comments. Mayor Hall closed the Public Hearing at 6:35 PM. Mayor Hall opened the second public hearing at 6:35 PM, stating: Notice is hereby given that the Planning and Zoning Commission and City Council of Liberty Hill, Texas will conduct PUBLIC HEARINGS to City Council Page 1 of 7 December 9, 2019 32 next, in a series, of street and utility projects. Following discussion, Gram Lankford made a motion to approve Steger & Bizzell Task Order #SB 019-53. Steve McIntosh seconded the motion. Motion passed on vote of 4 AYES, 0 NAYS, and 0 ABSTENTIONS. Tony DeYoung had not yet arrived to the meeting. Discussion and Possible Action to approve Steger & Bizzell Task Order SB 019-54 for improvements at the intersection of Loop 332 and County Road 279 to include feasibility study to determine cost and expected impact of modification to geometry of the intersection. OUTCOME: Mayor Rick Hall addressed Council stating this next step follows the traffic study, for improvements at the intersection in lieu of the roundabout. On motion by Steve McIntosh and second by Liz Rundzieher, Council approved Steger & Bizzell Task Order SB 019-54. Motion passed on vote of 4 AYES, 0 NAYS, and 0 ABSTENTIONS. Tony DeYoung had not yet arrived to the meeting. Discussion and Possible Action on adopting Resolution 19-R-73 authorizing City Staff to publish Notice of the Impact Fee Public Hearing after the Impact Fee Advisory Committee Considers the Water and Wastewater Impact Fee Study; and providing an effective date. OUTCOME: Following discussion, Kathy Canady made a motion to adopt Resolution 19-R-73; motion was seconded by Gram Lankford. Motion passed on vote of 4 AYES, 0 NAYS, and 0 ABSTENTIONS. Tony DeYoung had not yet arrived to the meeting. EXECUTIVE SESSION Mayor Hall reconvened City Council to Executive Session at 7:33 PM for Consultation with Legal Counsel pursuant to Texas Government Code §551.071 – Consultation with Legal Counsel; Texas Government Code §551.074 – Personnel Matters; and Texas Government Code §551.072 – Real Property. Council entertained discussion related to the matters shown below. ▪ Consultation regarding real property owned by the City of Liberty Hill and possible acquisitions (Real Property – Texas Government Code §551.072). ▪ Deliberation and discussion regarding the annual performance evaluation for the Finance Director (Personnel Matters – Texas Government Code §551.074). ▪ Deliberation and discussion on specific City projects to include timeline for completion (Consultation with Legal Counsel – Texas Government Code §551.071). ▪ Consultation regarding Ordinance 19-O-65 amending Division 2 of Article 1.07 of the Code of Ordinances related to composition of the Planning & Zoning Commission. ▪ Consultation related to approval of composition of “alternates” to serve on the Planning and Zoning Commission. OUTCOME: No action was taken during Executive Session. REGULAR SESSION Mayor Hall reconvened City Council to regular session at 8:38 PM following Consultation with Legal Counsel pursuant to Texas Government Code §551.071 – Consultation with Legal Counsel; Texas Government Code §551.074 – Personnel Matters; and Texas Government Code §551.072 – Real Property. Council entertained discussion related to the matters shown below. ▪ Consultation regarding real property owned by the City of Liberty Hill and possible acquisitions (Real Property – Texas Government Code §551.072). OUTCOME: No action was taken. ▪ Deliberation and discussion regarding the annual performance evaluation for the Finance Director (Personnel Matters – Texas Government Code §551.074). OUTCOME: On motion by Gram Lankford and second by Tony DeYoung, Council approved a pay increase for the Finance Director which includes an additional amount for the addition of HR duties. Motion passed on vote of 5 AYES, 0 NAYS, and 0 ABSTENTIONS. City Council Page 5 of 7 December 9, 2019 33 ▪ Deliberation and discussion on specific City projects to include timeline for completion (Consultation with Legal Counsel – Texas Government Code §551.071). OUTCOME: No action was taken. ▪ Consultation regarding Ordinance 19-O-65 amending Division 2 of Article 1.07 of the Code of Ordinances related to composition of the Planning & Zoning Commission. OUTCOME: On motion by Kathy Canady and second by Gram Lankford, Council approved Ordinance 19-O-65 related to composition of the Planning and Zoning Commission. Motion passed on vote of 5 AYES, 0 NAYS, and 0 ABSTENTIONS. Additionally, on motion by Kathy Canady and second by Liz Rundzieher, Council directed Tad Cleaves – legal counsel to prepare an ordinance changing Planning and Zoning meetings to twice a month on the 1st and 3rd Tuesdays of each month, with a time change to 6:30 PM. Motion passed on vote of 5 AYES, 0 NAYS, and 0 ABSTENTIONS. ▪ Consultation related to approval of composition of “alternates” to serve on the Planning and Zoning Commission. OUTCOME: No action was taken. ITEMS FROM MAYOR AND COUNCIL ▪ Mayor Hall introduced Jared King – Chamber of Commerce ▪ Extension of terms of office to three (3) years for Mayor and Council Members – Barbara Zwernemann – City Secretary stated this is good to go. ▪ Progress report on sign design for “Charles Canady Memorial Loop” – Kathy Canady stated following a meeting with Halff Associates; Halff will get back with the City on design options. ▪ Update on December 14th – Christmas Festival & Parade and 20th Anniversary Celebration – Mayor Hall provided an overview. ▪ Summary Overview of January 24th and 25th – Council & Staff Winter Retreat – will be at Canyon of the Eagles. ▪ Kathy Canady addressed Council stating she has been approached several times about Loop 332’s various speed limits; she would like to see a more standardized speed limit for the entirety of the loop. ▪ Tony DeYoung asked for an update on the City Administrator open position. Mayor Hall stated this would be discussed/updated at the Council & Staff Winter Retreat in January. ADJOURNMENT OUTCOME: On motion by Liz Rundzieher and second by Tony DeYoung, the meeting of City Council was adjourned at 8:54 PM. Motion passed on vote of 5 AYES, 0 NAYS, and 0 ABSTENTIONS. City Council Page 6 of 7 December 9, 2019 34 35 36 37 38 39 40 41 42 43 44 45 CITY COUNCIL MEETING MINUTES MONDAY, JUNE 8, 2020 – 6:30 PM 2801 Ranch Road 1869 – Liberty Hill (Council Chambers) June 8, 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 6:30 PM by Rick Hall – Mayor on Monday, June 8, 2020 at Council Chambers located at 2801 Ranch Road 1869. Invocation was given by Steve Snell, 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, and Steve McIntosh. Others present were Tad Cleaves – City Attorney, Lacie Hale – Chief Operating Officer, Wayne Bonnet – Public Works Director, Tracy Ventura – Court Administrator, David Stallworth – Director of Planning via phone, Becky Wilkins – Finance Director, Curtis Steger – Steger & Bizzell, and Nancy Sawyer – City Secretary. Tony DeYoung – Councilmember, was not in attendance. 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 COMMENTS Steve Snell, LHISD Superintendent spoke, thanking Council for their service to the City. In particular, he wanted to provide his gratitude to Mayor Hall and City Staff, including Casey Cobb, Katie Amsler, and Lacie Hale for being champions for the district. He provided championship coins as a token of appreciation from the school district. CONVENE TO EXECUTIVE SESSION City Council was convened to Executive Session at 6:34 PM by Mayor Hall for Consultation with Legal Counsel pursuant to Texas Government Code §551.072 – Real Property and §551.071 – Consultation with Legal Counsel and as referenced below. No action was taken in Executive Session. City Council Meeting 1|Pa ge Minutes of June 8, 2020 46 Consider and possible action to remove Kathy Canady – Commissioner from the Planning and Zoning Commission. Consider and possible action to appoint Steve McIntosh to the Planning and Zoning Commission. OUTCOME: On motion by Liz Rundzieher and second by Gram Lankford, Council approved removing Kathy Canady from the Planning and Zoning Commission and appointing Steve McIntosh to the Planning and Zoning Commission. Motion passed on vote of 4 ayes, 0 nays, and 0 abstentions. Consider and possible action to remove Steve McIntosh – Director from the Parks and Recreation Board of Directors. Consider and possible action to appoint Kathy Canady to the Parks and Recreation Board of Directors. OUTCOME: On motion by Liz Rundzieher and second by Gram Lankford, Council approved removing Steve McIntosh from the Parks and Recreation Board and appointing Kathy Canady to the Parks and Recreation Board. Motion passed on vote of 4 ayes, 0 nays, and 0 abstentions. Consider and possible action to adjust the speed limit on Loop 332. OUTCOME: Kathy Canady addressed Council stating she would like to see Council look at Loop 332 to see if the speed limit might need to be raised. Following discussion, Kathy Canady made a motion to authorize the City’s engineer to begin a traffic study of Loop 332. Liz Rundzieher seconded the motion. Motion passed on vote of 4 ayes, 0 nays, and 0 abstentions. ITEMS FROM MAYOR AND COUNCIL • Next Council meeting is scheduled for Monday – June 22, 2020 at 6:30 PM • Updates from Mayor on any COVID-19 related news: Mayor Hall addressed Council stating all businesses are now free to be open at 50% capacity with no other restrictions. Mayor Hall said the governor stated last week cities can go ahead with Independence Day celebrations. We will have some modifications to keep things safe, including working to reduce the number of gathering areas as much as possible. School buses will still transport attendees. There will be fireworks and food trucks. However, the number of vendors will be reduced. • Request for items to future agendas; announcements: o Liz Rundzieher thanked everyone involved in the clean-up project of the previous week. o She reminded everyone of the rodeo this Thursday, Friday, Saturday, and Sunday. o Charles Canady signs are up for two ends of the road. The one downtown will be set up soon. o Entrance signs should be erected soon. ADJOURNMENT On motion by Liz Rundzieher and second by Gram Lankford, Council adjourned at 8:04 pm. Motion passed on vote of 4 ayes, 0 nays, and 0 abstentions. City Council Meeting 5|Pa ge Minutes of June 8, 2020 47 48 49 50 51 52 53 54 55 56 57 ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF LIBERTY HILL, TEXAS AMENDING THE CODE OF ORDINANCES, RELATED TO CHAPTER 1, TITLED “GENERAL PROVISIONS” ARTICLE 1.02, TITLED “ADMINISTRATION”; ADDING DIVISION 4 ETHICS; PROVIDING FOR FINDINGS OF FACT; PROVIDING A REPEALER; PROVIDING SEVERABILITY; PROVIDING CODIFICATION; CONFIRMING PROPER NOTICE AND MEETING; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Liberty Hill enacts this new Code of Ethics to foster a culture of integrity for those who serve the municipality and our citizenry; and WHEREAS, the City Council strives to increase public confidence in our municipal government; and WHEREAS, the City Council finds that it is the policy of the City that all City Officials shall conduct themselves in a manner that assures the public that we are faithful stewards of the public trust; and WHEREAS, the City Council has determined that City Officials have a responsibility to the citizens to administer and enforce the City Ordinances in an ethical manner; and WHEREAS, the City Council wants to enhance public confidence in our municipal government by providing that each city official must strive not only to maintain technical compliance with the principles of conduct set forth in this Article but to aspire daily to carry out their duties objectively, fairly, and lawfully; and WHEREAS, the City Council enacts this Ordinance to ensure that decision makers provide responsible stewardship of City resources and assets; and WHEREAS, the City Council intends this Ordinance to provide a framework within which to encourage ethical behavior and enforce basic standards of conduct while providing due process that protects the rights of the complainant and the accused; and WHEREAS, this Code of Ethics shall apply to the Mayor, City Council, and all appointed boards, commissions, and committees appointed by the City Council; and WHEREAS, the City Council finds the attached amendments reasonable and necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIBERTY HILL HEREBY ORDAINS: SECTION 1. FINDINGS OF FACT. The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. Liberty Hill Ethics Ordinance Page 1 of 10 October 22, 2018 58 SECTION 2. AMENDMENT. That the Code of Ordinances, Liberty Hill, Texas, is hereby amended by adding a Division 3 to Article 1.02; Chapter 1; which said division reads as provided in Attachment A, attached hereto and incorporated into this Ordinance for all intents and purposes. Affirmation of Code of Ethics is attached as Attachment B. SECTION 3. REPEALER. To the extent reasonably possible, Ordinances are to be read together in harmony. However, all Ordinances, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance and the provisions of this Ordinance shall be and remain controlling as to the matters regulated, herein. SECTION 4. SEVERABILITY. 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 6. EFFECTIVE DATE. This ordinance shall become effective after publication as required by law from the date of its passage. SECTION 7. PROPER NOTICE & MEETING. 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 AND APPROVED this _____ day of ____________________, 2018. ___________________________________ RICK HALL, MAYOR ATTEST: __________________________________________ BARBARA ZWERNEMANN, CITY SECRETARY Liberty Hill Ethics Ordinance Page 2 of 10 October 22, 2018 59 Attachment “A” CODE OF ORDINANCES CHAPTER 1: GENERAL PROVISIONS ARTICLE 1.02: ADMINISTRATION ... Division 4. Ethics 1.02.070 Ethics Ordinance This ordinance shall be known as the City of Liberty Hill Code of Ethics and Rules of Conduct for City Officials 1.02.071 Statement of Purpose The citizens and the businesses of Liberty Hill are entitled to have fair, ethical and accountable local government which earns the public’s trust and full confidence for integrity. The strong desire of the city to fulfill this expectation therefore requires that the City Officials, both elected and appointed shall: 1. Comply with both the letter and spirit of the laws and policies affecting the operations of government; 2. Be independent, impartial and fair in their judgment and actions; 3. Use their respective office or position for the public good, not for personal gain; 4. All board, commission, committee or advisory committee members will serve at the pleasure of the City Council and may be removed at any time by an affirmative vote by the Majority of the Council unless otherwise provided by state law; 5. Each board, commission or committee member will acquaint themselves with the City Council’s Comprehensive Plan and vision for the City; 6. If elected or appointed each council, board, commission or committee member, by accepting such appointment, will agree to support the Comprehensive Plan and the Council’s Vision, goals and objectives for the city in their appointed role; and 7. All board, commission, committee advisory committee members and future members must read and review the Ethics Code, sign the statement, Attachment “B”. An applicant for a board, commission, committee, or advisory committee shall sign the statement that the applicant has read and reviewed the Ethics Code and attach the statement to an application for the board, commission, committee or advisory committee. Liberty Hill Ethics Ordinance Page 3 of 10 October 22, 2018 60 To this end, the City Council has adopted this Code of Ethics and Rules of Conduct for City Officials, in order to assure public confidence in the integrity of local government and its effective and fair operations. 1.02.072 Definitions The following words, terms and phrases, when used in this section, shall have the following meanings subscribed to them: • Business. A corporation, partnership, sole proprietorship, firm, holding company, joint stock company, receivership, trust or any other for profit or non for profit entity. City Council, the legislative and governing body of the City Council members. • City Official. Any members of the City Council, City Officers and any appointed member of a city board, commission, committee, or advisory committee set up by ordinance, resolution, charter, state law or otherwise, on a temporary or permanent basis. • Legislative Process. The processes and rules of order established by the City Council that includes the provisions of the code of ethics and rules of conduct in paragraphs 1 through 17. • Nepotism. Showing favoritism to a relative. No person related within the first degree of affinity (relationship by marriage or ties other than those of blood) or the second degree by consanguinity (relationship by a common ancestor; kinship) to any member of the City Council or the City Administrator shall serve on the board, commission, committee or advisory committee appointed by the City Council, including an ad hoc or special purpose committees. 1.02.073 Code of Ethics and Rules of Conduct City Officials shall comply with the following provisions: 1. Act in public interest Recognizing that stewardship of the public interest must be their primary concern, City Officials shall work for the common good of the people of Liberty Hill and not for any private or personal interest, and shall assure fair and equal treatment of all persons, claims, and transactions coming before the City Council, boards, commissions, committees and advisory committees. 2. Comply with the Law City Officials shall comply with the laws of the nation, the State of Texas, and the City of Liberty Hill in the performance of their public duties. These laws include, but are not limited to: the United States and Texas Constitutions; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, and open processes of government, and city ordinances, resolutions, and policies. 3. Conduct of City Officials The professional and personal conduct of City Officials must be above reproach and avoid even the appearance of impropriety. City Officials shall refrain from abusive conduct, personal charges, or verbal attack upon the character or other motives of other City Officials or employees, boards, commissions, committee, and citizen advisory committees. Liberty Hill Ethics Ordinance Page 4 of 10 October 22, 2018 61 4. Respect for Process City Officials shall perform their duties in accordance with the processes and rules of order established by the City Council and boards, commissions and committees and advisory committees governing the public deliberation of the public policy issues, meaningful involvement of the public, and implementation of policy decisions of the City Council. City Officials shall not interfere with the legislative process. 5. Conduct of Public Meetings City Officials have an obligation to attend meetings and be prepared for public issues; to listen courteously, attentively to all public discussions before the body, and to focus on the business at hand. They shall refrain from interrupting other speakers, making personal comments not germane to the business of the body or otherwise interfering with the orderly conduct of the meeting. 6. Decision Based on Merit It is expected and required that City Officials review material, participate in discussion and base their decision on the merits and substance of the matter at hand. 7. Communication Prior to permitting final action on a matter under consideration, City Officials shall publicly share information which they may have received from sources outside of the public decision-making process, that is relevant to such action by the council, boards, commissions, committees or advisory committees. 8. Conflicts of Interest and Disclosure City Officials shall familiarize themselves with and abide by the following conflicts of interest and disclosure statutes and principles: A. Chapter 171 of the Local Government Code requires a City Official to file an affidavit disclosing substantial interest in a business or property that would be beneficially affected by a decision of the governing body or of any other board or commission upon which the member serves and thereafter to abstain from participation in discussion and voting of the matter. Once the disclosure is made the City Official is to remove himself from the meeting area to ensure his presence does not hinder the discussion of the item or influence of the vote. B. Chapter 212.017 of the Local Government Code which requires City Officials to file an affidavit disclosing a substantial interest in a subdivided tract. C. Section 176 of the Local Government Code requires City Council and the city administrator to file a conflicts disclosure statement disclosing any business relationship with a person or business doing business with the city being considered by the city for a business relationship. D. Section 176.003 (a) (2) (B) of the Local Government Code requires the disclosure of the gifts of aggregate value of more than $250.00 in the 12 month period preceding the date that the local government officer becomes aware of a transaction described in Section 176 , other than gifts, food, lodging, transportation, or entertainment accepted as a guest. Liberty Hill Ethics Ordinance Page 5 of 10 October 22, 2018 62 E. Sections 553.001-553.003 of the Government Code requires the filing of an affidavit before the date the city will acquire a property in which the City Official has a legal or equitable interest. F. In order to ensure independence and impartiality on behalf of the public good, City Officials are prohibited from using their positions to influence government decisions in which they have a personal interest. 9. Corruption City Officials shall familiarize themselves with and abide by the Texas penal code mandates concerning corruption, including without limitation, Chapter 36, Bribery and Corrupt Influence, Section 36.02 , Bribery, prohibiting receipt of prohibited gifts, Section 36.03, Coercion of Public Servant, Section 36.04, Improper Influence, Section 36.05, Tampering with a Witness, Section 36.06, Obstruction or Retaliation, Section Acceptance of Honorarium, Section 36.08 Gift to Public Servant, Section 36.09, Offering Gift to Public Servant, and Chapter 39, Abuse of Office, Section 39.02, Abuse of Official Capacity, Section 39.03, Official Oppression, Section 39.06 Misuse of Official information and all other applicable state laws regulating or related to public services. 10. Political Advocacy. City Officials shall not utilize the city’s name or logo for purposes of endorsing any political candidate, business, proposition or measure. 11. Confidential Information. City Officials shall respect the confidentiality of information concerning city property, personnel, or proceedings of the city. City Officials shall neither disclose confidential information without proper legal authorization, nor use such information to advance their personal interest. 12. Use of Public Resources City Officials shall not use public resources generally unavailable to the public, such as city staff time, equipment, supplies or facilities, for private gain or personal purposes unless authorized by council action. 13. Representation of Private Interests In keeping with their role as stewards of the public interest, City Officials shall not appear on behalf of private interests of third parties before the council or any board, commission, committee, or proceeding of the city. 14. Advocacy City Officials shall represent the official policies or positions of the City Council, board, commission, committee, or advisory group to the best of their ability when designated as a delegate for this purpose. When presenting their individual opinions and positions, City Officials shall explicitly state they do not represent the City Council, board, commission or committee of the City of Liberty Hill, nor will they allow the inference that the City Official is the representative. Liberty Hill Ethics Ordinance Page 6 of 10 October 22, 2018 63 15. Policy Role of City Officials City Officials shall respect and adhere to the City of Liberty Hill governmental structure as outlined in the city’s policies, procedures and this Code of Ethics and Rules of Conduct. In this structure, the City Council determines the policies of the city with the advice, information and analysis provided by the public boards, commission, committees, advisory committees, city staff, city attorney and city consultants. Except as provided by city ordinance or resolution, City Officials, therefore, shall not interfere with the administrative functions of the city or the professional duties of the city staff, nor shall they impair the ability of staff to implement council action. 16. Independence of Boards, Commissions, Committees and Advisory Committees Because of the value of the independent advice of boards, commissions, committees, or advisory committees to the public decision making process, City Officials shall refrain from using their position to influence unduly the deliberations or outcomes of boards, commissions, committees, or advisory committees. 17. Positive, Safe and Harassment Free Work Place Environment City Officials shall support the maintenance of a positive and constructive work place environment for the City employees and for citizens and businesses dealing with the city. City Officials shall recognize their special role in dealing with the city employees and refrain from creating the perception of inappropriate direction to the staff. 18. Implementation An expression of the standards of conduct for the City Officials expected by the city, the Liberty Hill Code of Ethics and Rules of Conduct is intended to be self-enforcing. It therefore becomes effective when City Officials are thoroughly familiar with it and embrace its provisions. Ethical standards shall be included in the regular orientations for candidates for City Council, applicants to boards, commissions, committees, or advisory committees, and newly elected and appointed officials. City Officials entering office, including those appointed to office shall sign a statement, Attachment “B”, affirming they have read and understood the Liberty Hill Code of Ethics and Rules of Conduct to agree to be bound by its terms. In addition, the Code of Ethics and Rules of Conduct shall be reviewed periodically by the City Council, boards, commissions, committees, advisory groups, employees and citizens for revision as necessary. 1.02.74 Compliance and Enforcement City of Liberty Hill Code of Ethics and Rules of Conduct expresses standards of ethical conduct expected for the City Officials of the City of Liberty Hill City Council, boards, commissions, committees, or advisory committees. City Officials themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chairs of boards, commissions, and committees and the Mayor have the additional responsibility to intervene when City Officials actions appear to be in violation of the Code of Ethics and Rules of Conduct and are brought to their attention. Liberty Hill Ethics Ordinance Page 7 of 10 October 22, 2018 64 1.02.75 Procedure for Sanctions and Removal The City Council may impose sanctions such as a reprimand, formal censure or loss of appointment, on City Officials whose conduct does not comply with the Code of Ethics and Rules of Conduct. The City Council may also remove members of boards, commissions, committees, and advisory committees from the board, commission, committee, or advisory committee in accordance with City Council procedures and subject to the limitations set forth in state law. 1.02.076 Procedure for Enforcement by Written Complaint (a) Upon good faith belief that a City Official has violated any term or provision of the Code of Ethics and Rules of Conduct, a party having such good belief that a violation has occurred and wishing to initiate a formal review of the alleged violation shall file a written complaint with the City Secretary. The written complaint shall contain: (1) the name of the complaining party (hereinafter Complainant); (2) the name of the party against whom the complaint is being filed (hereinafter the Respondent); (3) the specific sections of this Code allegedly violated; (4) specific dates, approximate times of day, locations and other facts evidencing the alleged violations; and (5) any documentation evidencing that a violation of the handbook had occurred. (b) Upon receipt of a written complaint meeting all of the requirements set forth in the preceding paragraph, the City Secretary shall put the complaint on the next City Council meeting agenda for which posting requirements may legally and procedurally be met. Alternatively, if the complaint does not meet all the requirements set forth in the preceding paragraph, the City Secretary shall notify the complainant in writing of the nature of the deficiency and no further action by the City Secretary or the council shall be necessary, until such time the City Secretary can determine if the complaint meets the requirements of this section. (c) Once placed upon the City Council agenda, the scope of the City Council review shall be limited to a determination of whether the complaint on its face presents a violation of this Code of Ethics and Conduct for which sanctions, such as reprimand, formal censure, or loss of appointment would be appropriate in order to serve the legitimate goal of orderly governance, integrity, and public confidence in government. Upon a majority vote of the City Council that the complaint warrants further review and investigation, an item shall be placed on the next available regular City Council meeting agenda for which posting requirements may be legally and formally met. Additionally upon majority vote the City Council may specify any and all individual items of grievance from the complaint that merit such review and investigation that will be considered by the City Council at subsequent hearing on the matter. (d) At least seven (7) days prior to the hearing date, the City Secretary shall notify the Respondent in writing of the date, time, and place at which the council will conduct a hearing on the merits of the alleged complaint, and if the City Council by majority vote has specified individual items for review and investigation at the hearing such notice shall advise the Respondent of the scope of the hearing. Alternatively, if upon its review of the complaint, a majority vote of the City Council Liberty Hill Ethics Ordinance Page 8 of 10 October 22, 2018 65 determines that further review and investigation is not warranted, then the Complainant shall be notified in writing of such vote, the written complaint shall be returned to the Complainant, and no further action shall be required. At the subsequent council hearing, the Complainant and Respondent may present testimonial and or documentary evidence regarding the allegations contained in the complaint. If the council determines that substantial evidence has been presented to support the allegation of harassment has occurred and is detrimental to the orderly governance, integrity, and public confidence in the city government, then the City Council by a majority vote may impose sanctions, such as reprimand, formal censures, or loss of appointment, as determined appropriate to serve legitimate goals of this policy. All procedural rules of the Council shall apply to proceedings conducted pursuant to this section. The complaint procedure specified in this section shall only be applicable to those City Officials who are appointed and for the conduct of such Official that occurs during the Official’s term of office on the city board, commissions, committees, or advisory committee. 1.02.077 Removal from Office The Mayor or any City Council member may be removed from office in accordance with Section 21.026 of the Texas Local Government Code for violations of the Liberty Hill Code of Ethics and Rules of Conduct. 1.02.078 Offense It is an offense to violate any Section of this Code. A complaint may be filed in the City of Liberty Hill Municipal Court for violations of the Liberty Hill Code of Ethics and Rules of Conduct. Liberty Hill Ethics Ordinance Page 9 of 10 October 22, 2018 66 Attachment “B” City of Liberty Hill Code of Ethics and Conduct For City Officials I affirm that I have read and understand, accept and support the City of Liberty Hill Code of Ethics and Rules of Conduct for City Officials. ______________________________ ______________________________ Elected or appointed Official Name Signature ______________________________ ______________________________ Position Date Liberty Hill Ethics Ordinance Page 10 of 10 October 22, 2018 67

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