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HomeMy WebLinkAboutMIN 09.12.2017 CC-WMinutes of a Meeting of the Governing Body of the City of Georgetown, Texas Tuesday, September 12, 2017 The Georgetown City Council will meet on Tuesday, September 12, 2017 at 3:00 PM at the Council Chambers, at 101 E. 7`h St., Georgetown, Texas The city of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary's Office, at least three (3) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8' Street for additional information; TTY users route through Relay Texas at 711. Mayor Ross called the meeting to order at 3:00 PM. All Councilmembers were in attendance. Mayor Dale Ross, Anna Eby, District 1, Valerie Nicholson, District 2, John Hesser, District 3, Steve Fought, District 4, Ty Gipson, District 5, Rachael Jonrowe, District 6, and Tommy Gonzalez, District 7 were in attendance. Policy Development/Review Workshop — Call to order at 3:00 PM A. Discussion of Georgetown Transportation Advisory Board recommendation of the City of Georgetown's Pavement Management Program -- Octavio A. Garza, P.E. C.P.M, Public Works Director Octavio Garza, the City's Public Works Director, provided an update on the Pavement Management Program and began the presentation with a Pavement Management Program Review. Summer 2016 o City Council directs staff to conduct review of pavement maintenance program as a goal for 2016/17 budget o Limited 2016/17 program approved for Summer 2017 maintenance March 2017 o City Council authorizes creation of Pavement Management Review Committee, comprised of non - City Council GTAB members March 2017 — August 2017 o Committee meets monthly to receive information and evaluate current program and future options Garza spoke on the topics of program review 1. Historical approach to managing the City's most expensive asset 2. Pavement deterioration curves 3. Soils 4. Project selection 5. Technical specifications 6. Pavement maintenance and rehabilitation methods 7. Funding levels 8. Deferred maintenance He explained that the committee was charged with evaluating the effectiveness of program results, costs, and improvements to process. Garza provided the Committee Evaluation • Committee received information on o Past practices and methods of maintenance o Historical budget funding over the past 25 years o Status of the'/ cent sales tax dedicated to street maintenance o Specific technical information on methods from staff, consultants and subject matter experts • Reviewed methods, maintenance products and applications • Considered Project Management, Quality Control and Communication • Separated program into 5 scenarios to evaluate quality, outcomes and cost • Considered deferred maintenance and PCI adjustments • Studied examples of program results and varied pavement conditions of other cities Pavcmcnt Maintcnancc Application Costs Ultra -Thin Bonded Wearing Course • Consists of thin application of specially graded hot mix asphalt over a heavy application of polymer modified emulsion by a specialized paver in a single pass. • This process is suited for roads for low volume housing developments • More expensive than traditional treatments. Benefits: • Sealing qualities of a chip seal with advantages of a thin hot mix overlay in one process. • Expected service life of 8 — 10 years. • Quick, clean application with very little disruption to residents or the travelling public. • Excellent waterproofing qualities • Open texture provides for better drainage (friction). SccnarlOs T yck Sreh F'avrrrxrt :e.lY. S:nyr C'Jd;',e Su?JL V Tlwhiti: [ "Res uYr rud rs:,41 IAnrt CuV•itul 7t% trms'1 Nt[h PLiirRttirtl•r_j Rt-PLIVILi, a v OA•xvwtf Sr lh ::vuLw .•.a :rt ScPiati� 'f�_."�lil`�•::1 tir:%tit01iCi1 [a'i] MCr"�( f���C!i.r i Ham! Vi i'LItr RL-. It i: NJ RO'ub :lA r !R.: -�' ,:nSc.1". '.r oar]' ..a'•. ,iL. a;_}:.'rid=±A�;1 �11�,.c GGIF(10[f •Ire h %'hrr •{rr�rrl"r] !v!rf:, ,r,:_i:�t!..;!;u'^:dj�udl:{ci:a:!+r•'rhi�.A-rl \I,�rr�i(rly�„iC�r} UW'sAlrY, �3_,Clel814Yfi[" 1FAnme .ice h ._11rr:'{t•: rrl-$] '!• % 1 r, . ."',ej0f14fgfi' r!{! �t15:t:`i Q3L'CkX) •Ire h •'hrr -{r•r: l -r] Rt'�L• Qe'.:r Scenario 3 • Crack Sealing • Pavement Seals • Ultra -Thin Bonded Weanng Coarse (Residential and Minor Collector) • Double Coarse Surface Treatment • Hot -In Place Recycling • Rehabilitation Modified Scenano 3 • Crack Sealing • Pavement Seals • Ultra -Thin Bonded Wearing Coarse (Residential and Minor Collector)' • Double Coarse Surface Treatment • Hot -In Place Recycling • Rehabilitation 'Single Coarse Chip Seal on Minor Collector & Arterial Streets Garza spoke on Next Steps for the Program and provided images of the 2017 Street Maintenance Limited Program. • City Council authorization to proceed with Committee/GTAB recommendation of modifications to Scenario 3 for 2017/18 • Staff will propose draft of 2017-18 Pavement Management Program for review and authorization to proceed in Summer 2018 (City Council vote to proceed) ■ Pavement Management Program will be prepared Winter 2017/18 and competitively bid spring 2018 (City Council will approve bids). • Implementation Summer 2018 Councilmember Fought said he likes the analysis that has been done. He said he still has objection to chip seal because it is an inferior product with particles that come loose, fly up in faces, and attach themselves to shoes, tires, etc. Fought explained that the product wears unevenly and is concerning to bicycles and motorcycles. He said the product makes the street very noisy, which is distracting to drivers. Fought explained that this is a cost effective analysis, but if the product is not effective, the cost is not effective. He spoke on the measure of effectiveness and how it is important to have a look at the concepts, not just pure engineering. He explained that there is a need to measure the impact and influence on the community in which the road exists. Fought said he needs proof that this product does not fall apart, is safe for kids on bicycles and is not loud. He said he would want it to be as safe as the Cutler Process and is willing to pay more for the much better product. Fought said he does not want to go cheap and said there had been 2 bad experiments in Sun City. Fought added that there are places where chip seal is appropriate, but not here in Georgetown. Fought asked for proof that these concerns are satisfied. Jonrowe asked the price difference in all of the scenarios. Garza said he does have it with him but will get be able to provide it. City Manager, David Morgan explained that this is an initial recommendation, with time to ask for additional information and noted that there will be more discussion and more scenarios. Jonrowe asked if there were facilities or places with the ultra-thin wearing course pavement that the Council could be taken to see. Garza said San Antonio uses the product and he would be happy to take the Council there to see the product. Morgan said staff will also provide pictures for the Council. Jonrowe said she likes the visual and would want to see it in person. Garza said he will arrange the trip and also provide the Council with YouTube videos of the product. Councilmember Eby said there are 5 engineers on the Pavement Management Committee and asked Garza if they have any concerns with the product. Garza said no. Gonzalez said he understands why it is used, but it still may not be an appropriate product. He said the chip seal process in the Somercrest development left enough product in his driveway to pave another road. Gonzalez said he agrees that the product needs to be viable for the community. He said he acknowledges that some problems arose because of weather, etc., but would want to see the new product before more chip seal is laid. Councilmember Gipson asked what product had been used near the high school. Garza said that would be a TXDOT project, but he will find out and report back. Gipson said he is also in favor of a trip to see the other product. Councilmember Hesser noted that Georgetown streets are generally in very good shape and he is proud and appreciative of this. He said he is proud that the City is trying to get better at it and should set their own requirements to meet their own standards. Hesser said he has some concern about the priorities in which streets are maintained and would like staff to focus on prioritization. Councilmember Nicholson said it is important to be consistence and communicate the reasons for pavement decisions. Mayor Ross recapped what Council had said. He said there are concerns with chip seal, the Council has asked to see the comparisons in scenarios of financials and wishes to schedule a field trip to San Antonio to see the product discussed. Morgan said council will receive more information about the ultra- thin bond course. He explained that they will be provided the different financial options and staff will be moving toward removing chip seal. Morgan said that Option 3 removes chip seal from any residential streets and staff will continue to work on removing it from the collectors and arterials. Morgan said staff will provide the Council with the management plan and the financials for each. Councilmember Jonrowe asked if there are organizations or individuals that study the impact of roads on pedestrians or others that are not traveling in cars. Garza confirmed that there are and said he will report back. B. Update and discussion on the five (5) year extension to the solid waste contract -- Mike Babin, Deputy General Manager, Utilities Mike Babin, Deputy General Manager of Utilities, provided an update on the solid waste contract and began with an agenda for the presentation. Babin recognized Chris Foster for financial modeling and negotiations with the project and Jordan Fengel who coordinates the City's solid waste services. Agenda • Contract Changes • Impact to Rates ■ Updated Annual Price Adjustment Index • Communication Plan • Next Steps Time Line Babin spoke on the Contract Changes ■ Updates rates 4 Adds commercial recycling services • Eliminates reference to Tier III customers ■ Changes indices for annual price adjustments • Increases annual price adjustment cap to 4% • Modifies post -annexation transition Babin said that the price adjustment is not automatic, and is instead at the Council's discretion. Babin spoke on recent changes in the Texas legislation regarding annexation and post -annexation. He explained that there is no longer a choice for a selection of service providers to annexed citizens prior to 2 years of annexation into the City. Annexed patrons will now be required to remain with the service provider that they have at the time of annexation and after 2 years the City would become the service provider. Babin said that Georgetown is already one of the service providers in the ETJ. Mayor Ross asked if Georgetown is obligated to step in if another provider leaves. Babin confirmed. Babin provided charts showing the Impact to Rates from Contract only and the Impact Rates in Total Service Current New $ inc % inc Residential IN $16.50 $18.37 $1.87 11.33% Residential OUT $22.70 $25.30 $2.60 11.45% Comm Cart $23.70 $26.59 $2.89 12.19% 4 YD @ 2/wk $159.50 $191.51 $32.01 20.07% 6 YD @ 4/wk $387.90 $459.46 $71.56 18.45% 8 YD (W 1 /wk $123.50 $135.56 $12.06 9.77% Service Current New $ inc % inc Residential IN $16.50 $18.80 $2.30 13.94% Residential OUT $22.70 $26.40 $3.70 16.30% Comm Cart $23.70 $28.20 $4.50 18.99% 4 YD @ 2/wk $159.50 $202.80 $43.30 27.15% 6 YD @ 4/wk $387.90 $486.60 $98.70 25.44% 8 YD @ 1/wk $123.50 $143.50 $20.00 16.19% Babin said that most services are one size fits all and consistent. He explained that one exception would be dumpsters and containers and the cost of the material from the cost of the pick-up have been separated. Babin noted that the range of increase became from 12% to 43% and that the analysis sheet has been included in the agenda packet. Babin said that staff will be touching base with each affected customer. Babin showed that the wholesale rates remain competitive and provided comparisons to other cities Wholesale Rates Remain Competitive Source TDS 96 gal cart. Standard Residential Service $42"85- 525.34 319.78 $19-93-$20,42--W— $14.00 19-93-$20.�42�r $14.00 51528 515.87' S18.dB S1Q 68 i�=OT-11 11 51� 1 =—,—r Cedar Park includes a price adjustment for City owned carts C 11tliti.I IlIWh rj IIXn� Retail Rate Peer Comparison 96 gal cart, Standard Residential Service $1-5 os S15.90`S18.01_$16.50-318.88—af7_B1—S47.4S—=18.80_ i18A7 $30.25 �- -11�. _ M. 0� ��0 � '0 Je 1` to 4 GJ CrkllR i i6) v I I XAN Babin spoke on the Communication Plan ■ Targeted information to customers o Residential — bill insert o Commercial — work with them to evaluate current services • Create a Frequently Asked Questions (FAQ) document for internal and external use The Next Steps Time Line was provided. • September 2017 — Contract Extension, Retail Rate Ordinance • October 2017 — Communicate New Rates ■ November 2017 — New Rates Effective • October -November 2017 — Roll -Off Franchise Fee Ordinance • January 2018 — Roll -Off Franchise Fee Effective • November 2017 -April 2018 — Master Plan and Transfer Station Councilmember Nicholson asked about the communication. Babin said staff will be communicating the actual impact of the bills to all customers. C. Update on Columbarium in IOOF Cemetery -- Kimberly Garrett, Parks and Recreation Director Kimberly Garrett, the City's Parks and Recreation Director, spoke on the Columbarium Project and began the presentation with answers to "Why a Columbarium". • Discussions date back to 2012 • Cremations in Texas are over 30% of all burials • Created in ground urn area in 2007, low sales, requests for columbarium • Creates options in addition to traditional burial and in ground urn area ■ More efficient use of land Garrett discussed the budget for the project. ■ Cemetery Fund established in FY2014 to help offset long term maintenance • $150,000 allocated in the FY2017 budget from the Cemetery SRF for design and construction of a columbarium ■ As niches are sold at market rate, the fund is reimbursed with the ability to grow to help with increasing maintenance costs. Garrett spoke on the Schematic Design • Design allows for phasing based on demand and budget ■ Initial phase estimated to have 120 niches • Parks Board had very favorable comments at their August 10, 2017 meeting • Allows for the in ground urn area still to be an option Garrett provided images of the I.O.O.F. Cemetery and Columbarium design with landscaping. She explained that the project will need to be phased because of funding. Mayor Ross asked if there are other columbariums in the area. Garrett said some churches have them but these are limited to members of the church only. Garrett added that some other states are seeing a 50% cremation ratio. Gonzalez asked for the price difference between in ground urns and columbarium urns. Garrett said it costs between $1200 and $1500 for a casket or urn to be put in the ground. She said the complete service for a columbarium niche would be more because the engraving on the niche is costly. Garrett said that $25,000 was given to the design firm and another $125,000 would be spent for the niches and to build the road and landscape. She noted that there would be opportunity to expand. She explained that there will be natural seating, which will provide privacy, but in an open area. Garrett provided images. Garrett spoke on the timeline and next steps. Move forward with construction documents • Staff to develop a fee schedule and policy guidelines • Prepare to bid as early as November 1s� • Begin construction in early 2018 • Estimated completion spring 2018 Garrett said that staff would be gathering information from other cities with columbariums on what works and what does not. She said the niches are pre -fab modules and will need stone work completed. Jonrowe asked about the relocation of trees. Garrett said in 2007 the Parks Department planted trees to keep the area organized. They will now move some trees and add other trees. Gonzalez asked about what portion of revenue would go into the fund and how much would go to maintenance. Garrett said there will be enough niches sold to take care of the maintenance and all revenue would be returned to the fund. D. Update and discussion regarding the Downtown Parking Management Program and possible transition of program from the current contract service delivery model to an in-house approach through the Police Department -- Wayne Reed, Assistant City Manager, and Cory Tchida, Assistant Chief of Police Assistant City Manager, Wayne Reed, spoke on the Downtown Parking Management Program. He spoke on the revitalization of the downtown since 2004 and particularly in the last 2 years. He spoke on proposed developments and projects. Reed provided an overview. • Proactive Planning • Parking Management • Contract Service History ■ Alternate Service Delivery • Council Direction Reed spoke on proactive planning. He said that the Downtown Master Plan states that it is important to "assure that the existing parking resources are being used to their maximum efficiency through availability, convenience and management'. He explained that public parking should be considered a utility, not a land use. Reed said that a Downtown Parking Study had been conducted in 2015, which inventoried existing parking, monitored use of on - street parking and parking lots, and identified strategies to manage and improve parking. It was decided to add a public parking lot at MLK and 8'h Street and to increase enforcement of the 3 hour zone. Reed spoke on the Contract Service History and noted that the quality and consistency have not been done well Reed spoke on a possible Alternative Service Delivery and explained that both Police Chief Wayne Nero and Assistant Chief of Police, Cory Tchida, are confident that they can provide the management of parking with better results. He explained that the Police Department would serve as Ambassadors, with a professional uniform and casual appearance and demeanor. Free parking around the downtown square would be communicated and guided. Reed asked for Council direction and said that staff is seeking direction from Council on how to proceed with the Downtown Parking Management Program. He offered 2 Options. • Option 1: Continue to use an outsourced model and issue a new RFP • Option 2: Bring service delivery in-house as described o Require a budget amendments for funds and increase the authorized FTE count o Target implementation for December or January Councilmember Nicholson said she is for this and agrees with the ambassador concept. She said an in house program would maintain quality. Councilmember Jonrowe said, she too, is in favor of Option 2 and stepping up enforcement would be good. Jonrowe asked about former recommendations to change the flow of traffic and if it is still being considered. Jack Daly said that it had been found to be cost prohibitive. City Manager, David Morgan, said staff is still looking at some other options. Jonrowe asked about the Bank of America parking lot for after-hours parking. Daly said staff has reached out to them and will continue to follow up. He said that some other privately owned lots are also being considered and the owners approached. Discussion followed about the signage at First Texas Bank letting people know they can utilize the parking lot in the evenings and weekends. Jonrowe asked if communication to businesses to ask employees to park in designated parking lots and walk to work had been communicated. Morgan said it has been communicated and better enforcement will be helpful. Councilmember Gonzalez said staff should study if 3 hours is sufficient and if it would be helpful to have some spaces at 1 hour. He explained that he does not want to discourage the all -day shoppers either, by making them move their car every 3 hours. Mayor Ross reminded everyone that parking restrictions are only from 9 AM to 5 PM Monday through Friday. Gonzalez said the priority should be finding out what the visitors want and need. Councilmember Gipson said it is impossible to fix all parking problems and the City actually has great parking situations, even though people might need to park and walk a small amount. He said that the Police Department will also add a level of security that will be felt by visitors. Assistant Chief of Police, Cory Tchida said the Police Department is very sensitive to the ambassador piece and deems it very important. He said that enforcement is helpful but the main focus will be ambassadors. Ross recapped the Council's decision to elect Option 2 E. Review of Visioning Process -- Keith Hutchinson, Communications Manager, and Laurie Brewer, Assistant City Manager Laurie Brewer, Assistant City Manager spoke about the visioning process. She noted that the Council had had previous visioning sessions where they had defined the role of Council, drafted a comprehensive vision for the community, set rules of engagement and created goals centered around 5 major areas: culture, employee, internal process, customer and financial. She said these goals were then prioritized into Tier 1 and Tier 2 strategies. Brewer said that one Tier 2 strategy had been to improve communication and advertising and to improve the City's branding. She said it is a goal to have this process completed before the next Council goal setting session in November. Keith Hutchinson, the City's Communications Manager, provided a review of the Visioning Process. He began the presentation with the Current City Council Vision. Current City Council Vision Georgetown is a safe, healthy, happy, connected, and truly diverse community where people can live, learn, work, retire, and play in an environment where we have ready access, throughout our lives, to arts, culture, essential services, and the natural environment. Our educated and skilled population, fiscally responsible governance, excellent infrastructure, and the beauty of our natural and man-made environments, attract new residents and businesses and enable us to create balanced and diverse employment centers and economic levels. Our strong sense of community connects us regardless of our cultural, age, ethnic, or economic differences. He explained that the vision has 93 words and a vision statement of 5 -20 words is considered to be memorable and repeatable. He explained that there is a value to having the statement that is shorter and easier to remember. Hutchinson spoke on the strategy established to improve communications and advertising and to gain clarity on the City's branding strategy. Hutchinson defined a Vision Statement Vision Statement What is a vision statement? • A picture of where we are going • Future -oriented: 10 — 20 years and beyond • Inspirational, aspirational • For City Council, City employees, community • Big, but achievable • Short and memorable: 5 — 20 words • Not a laundry list Vision Statement • A vision statement is a phrase or group of words, not a logo. • Not changing the City logo. /JG ECS RG E�O'WN i i • Visioning involves words and ideas, not design or colors. Vision Statement Visioning objectives: • City Council and community alignment on vision for Georgetown • Building block for City Council goal -setting • First step in future branding initiatives and work on update of the comprehensive plan Hutchinson spoke on a Vision Development Contract with Freese and Nichols Urban Planning and Design Group. He explained that they have experience with visioning and comprehensive planning with more than 100 cities in Texas. Hutchinson introduced Wendy Shabay, the Project Manager and Chelsea Irby, the Assistant Project Manager. Hutchinson provided Vision Statement examples. Vision Statement examples • The City That Works: Diverse, Vibrant, Progressive — Dallas • opportunity. Diversity, Community. Home. — Houston • Together we build our future in a friendly place to live, work, play, learn and worship. — Friendswood Hutchinson said that the project initiation and research would be conducted from September 5th through September 23fd. He spoke on a survey that will be conducted September 181h through September 23rd. He provided details of the survey process and said the results will be used in meetings with City Council members and a community workshop. Hutchinson said a second survey would be conducted from September 30 through October 4th and would target Boards & Commissions members, the business community, Georgetown ISD, nonprofits and Southwestern University. Vision Development Process Survey #1 via SurveyMonkey to community: Online survey with targeted outreach to boards and commission members, business community, Georgetown ISD, nonprofits, Southwestern • Questions: • Describe Georgetown • Georgetown in the future? • Words in a vision statement? • Outcome: List of buzz words or phrases Hutchinson provided further timelines. Vision Development Process Survey #2 via SurveyMonkey Sept. 30 - Oct. 4 Survey #2 results: list of 10 words or Oct. 5-9 phrases narrowed to top 3 or 4 Workshop with city Council to write Oct. 10 vision statement Workshop to finalize vision statement Nov. 1 & 2 and start on Council goals Councilmember Jonrowe said she had liked the process used for GoGeo and this could yield excellent results. F. City Council Ethics Training Workshop-- Charlie McNabb, City Attorney City Attorney, Charlie McNabb, conducted the annual Ethics Training Workshop for the City Council. He said that the City Charter states that the Council shall adopt an ethics ordinance and provide for an annual review thereof. He explained that there must also be a minimum of one work session per year devoted to the study of ethics statutes. McNabb provided a description of the distribution and proof of compliance language in the City's Code of Ordinances and explained the degrees of relationship. GI;0RG'ET0%VN CODE OF ORDIN:INCES Sk . 2-:20.11A). ' DIS! RIM -I'!()N 1>1) i'l fx)I f )I COMPI I \N( I' A. Thr City Secretary iltall maize availably to each new City Official deitgnated to this Chapter, a copy of the text of thw Chapter 2 24); Chapter 1 + 1 of the Texas L r# -al Government Code partautinpto contltcts of nntera-t; the Texa= Open MeetingQ Act Ilex Got• Code ch. 551 i, and the Texas Public ]ttformationAct (Tex. Gov. Code ch. 55.21,) (collectively referred to in this Section ai the 'ethics statutei`>. B The City Attorney ehaffixmi luct one or more annual rcmtnarr devoted to �iucattn� City Offirtal: on the meaning and legal engntficanoo of the Pthic.F =tatutpc C. Each City Official ihall file with the City Secretary a signed affidavit to which the Cite Official ackuowledyr; the ewstencc• of the ethics stns uses. IOrd No 12012-019,§ 11 • McNabb spoke on the City's Governance Policy regarding Council education and Training. • The City Manager shall coordinate and facilitate the orientation of new Councilmembers • The Mayor and Councilmembers are encouraged to attend continuing education and training programs focusing on city/county/regional/state and national issues • The City Manager, City Secretary and City Attorney shall coordinate and facilitate the continuing education and training of Councilmembers McNabb noted State Statutes. STATE S'rATtJ'ri-'s Texas Penal Code Chapter 36: Bribery and Corrupt Influence Chapter 39: Abuse of Office Texas Government Code Chapter 551: Open Meetings Chapter 552: Public Information Texas Local Government Code Chapter 171: Conflicts of Interest of Officers Chapter 176: Disclosure of Certain Relationships • McNabb spoke on recent legislature and said that open meetings regulations have been amended so that it is not a violation for a quorum to go to a candidate forum to speak. He said there had also been amendments to the Public Information Act addressing requestors who produce multiple requests in unreasonable numbers or quantities. McNabb described the Conflict of Interest State Law and what it prohibits. Discussing and participating in a vote on a matter involving a business entity or real property in which you, or people you are closely related to, have a substantial interest Business Entity o In a business entity you or your relative own 10% or more of the voting stock or shares of the business entity o You or your relative own either 10% or $15,000 or more of the fair market value of the business entity o Funds received by you or your relative from the business entity exceed 10% of your gross income the previous year In Real Property, you or your relative own an equitable or legal interest in real property with a fair market value of $2,500 or more. McNabb went on to describe the types of conflicts in the City's Ethics Ordinance Crry Krttic,s ORDIN:ANCE. 11'I ES Ol" CON'ITIC I:S 01; IN IITR1:Sr , Substantial Financial Interest: Follows state law Substantial Economic Interest: More comprehensive Governed by City Ethics Ordinance Includes an interest that is: more than minimal or insignificant; and would be recognized by reasonable persons to have weight in deciding a case or an issue (ITIT EIT111CS ORDINANCE SVRSFAN'I'I.%l— %-I I:141',.S,rs I'm 1-t "I 1,I) You will be deemed to have an Economic Interest in a matter if any of these people or entities have an Economic Interest in the matter: Relatives _.. Business entity Joh off Business negotiations 0 McNabb discussed the Governance Policy, its purpose and what it covers • Governance Guidelines and Principles • Mayor's Role • City Council's Role • City Manager's Role • Communication Between Council and Staff • Council Relations with the City Attorney and the City Secretary • News Media Relations Councilmember Gonzalez said there had been discussion last year to simplify ethics by following the state ordinance. McNabb confirmed that the City is more restrictive and the state statute is more clearly defined. Councilmember Fought said if there is an ethics violation, it would be serious. He said he too wants to rely on state law which is tested. He said there is not a need for a city ordinance since the state ordinance is easy to understand and tested. Councilmember Gipson said he also agrees and asked how the City ordinance had evolved. McNabb said that it had been set by the Ethics Commission in the early 2000's. Gipson said he agrees with the tested and true state regulation. Mayor Ross asked if it is true that the city ordinance has little enforcement element. McNabb said Council would be the administrator. McNabb noted one provision that prohibits having had a business relation with an individual in the last 12 months. The Council would have to determine the catch all as something "a reasonable person" would understand. Discussion followed regarding the possibility of a board member having a conversation with a banker that is on a board and if the board member should recuse himself, even though no economic benefit was realized. Gonzalez said this is a significant discussion. Gipson asked about the violation of 10% of your total income. He said as a print shop owner he has had dealings with many people who have spoken to the Council. Fought said this is a good case to stick with the state statutes. Mayor Ross asked about an item at the last Planning & Zoning Commission meeting, because 5 out 7 members would have to recuse themselves. Planning Director, Sofia Nelson explained. Ross asked how the applicant can be denied. McNabb said this presents a difficulty McNabb reminded the Council that this is why alternates had been added this year, to both the Planning & Zoning Commission and HARC Board and with state regulations there would not be a violation. He explained that if all Council members had to conflict out of a vote, they would then be permitted to vote under state statute. Under state law, it would not have been disqualifying. Jonrowe asked about 11t and 2nd relationships and if it includes adoptions. McNabb clarified that an adopted child is considered your child. Jonrowe asked if there were good state study groups. McNabb confirmed. Jonrowe asked if the Council could dissect how Texas compares to other states. McNabb said he would be happy to do this. Gonzalez said more restrictions prohibit opportunities to members of the community to serve on boards and commissions and he is not concerned what other states do. He said the State of Texas will have this figured out. Councilmember Eby said she is in favor of more discussion although not in favor of just going with state law. She said it looks good to have more discrepancies than the state. Eby said she would like to hear from the Ethics Commission. She noted that she is in favor of more strict requirements but that there is a need to make things clearer and easier to use. Mayor Ross said it is not less rigorous, but is more ambiguous. He said there is no teeth to the city ordinance. Ross said there are hundreds of attorneys in the state of Texas and the regulations would be continually updated. Gonzalez suggested a workshop or regular agenda item. Fought said his default would be the state ordinance. Ross asked for the discussion to be placed on the next agenda. Mayor Ross recessed the meeting to Executive Session under Section 551.071, Section 551.072, Section 551.074 and Section 551.087 at 507 PM. Executive Session In compliance with the Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes, Annotated, the items listed below will be discussed in closed session and are subject to action in the regular session. G. Sec. 551.071: Consultation with Attorney - Advice from attorney about pending or contemplated litigation and other matters on which the attorney has a duty to advise the City Council, including agenda items Sec. 551.072 Deliberation about Real Property - Fire Station 7 Site Consideration - Forwarded from the Georgetown Transportation Enhancement Corporation (GTEC): Parcel 1 (NEC of Lakeway Dr. and Airport Road), Parcel 3 (2301 Airport Road), Parcel 4 (SEC Airport Road and Aviation Dr.), and Parcel 6 (106 Halmar Cove) -- Travis Baird, Real Estate Services Coordinator Sec. 551.074: Personnel Matters - City Manager, City Attorney, City Secretary and Municipal Judge: Consideration of the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal - Approval of appointment of Assistant City Attorney - City Manager Evaluation Sec. 551.087: Deliberation Regarding Economic Development Negotiations - Tamiro Plaza II Adjournment Mayor Ross adjourned the meeting to begin the regular City Council meeting at 6:00 PM Approved by the Georgetown City Council on _ Dale Ross, Mayor acv D -o t -7 Date