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HomeMy WebLinkAboutAgenda CC 09.11.2018 WorkshopNotice of M eeting of the Governing B ody of the City of Georgetown, Texas Sept ember 11 , 20 18 The Ge orgetown City Council will meet on September 11, 2018 at 3:00 P M at Council Chambers - 101 East 7th Street The City o f Georgetown is committed to co mpliance with the Americans with Disabilities Act (ADA). If you re quire assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or ac c ommo datio ns will be provided upo n request. P lease contact the City Se c retary's Office, at least three (3 ) days prio r to the scheduled meeting date, at (512) 930- 3652 o r City Hall at 113 East 8th Street fo r additional information; TTY use rs ro ute through Relay Texas at 7 11. Policy De ve lopme nt/Re vie w Workshop - A Mayo ral presentation and possible discussion regarding selected Robert's Rules Procedures -- Mayo r Dale Ross B Prese ntation and discussion of the 2 01 8 Citizen Survey conducted by Texas State University -- Jack Daly, Assistant to the City Manager and Dr. Thomas Longoria, Texas State University C Prese ntation and discussion on Water Oak MUD Agreements -- Wayne Reed, Assistant City Manager D Prese ntation update and discussion o n Downto wn West Constructio n and Other Contracted Se rvices, including Audio/Visual, Furniture, Fixed Seating, Security and Data Cabling -- Eric Johnson, CIP Manager E Prese ntation and discussion conc e rning ethics -- Jack Daly, Assistant to the City Manager and Skye Masson, Assistant City Attorney Exe cutive Se ssion In compliance with the Open Meetings Ac t, Chapter 551, Government Co de , Verno n's Texas Codes, Annotate d, the items listed below will be discussed in closed session and are subject to action in the regular se ssio n. F Se c . 55 1.0 71 : Consul tati on wi th Atto rney Advic e from attorney about pending o r contemplated litigation and othe r matters on which the attorney has a duty to advise the City Co uncil, including agenda items - Ho skins-Brown Update - 3 70 1 West Highway 29 Se c . 55 1:0 72 : Del i berati on of Re al Pro perty - Purchase-Parcel 10, Northwest Blvd Se c . 55 1:0 74 : Personnel Matte r s City Manager, City Attorney, City Se c retary and Municipal Judge: Consideration of the appointment, employment, evaluatio n, reassignment, duties, discipline, o r dismissal - City Manager Work Plan Page 1 of 121 Adjournme nt Ce rtificate of Posting I, Shelley No wling, City S ecretary for the C ity of Geo rgeto wn, Texas , do hereby c ertify that this Notic e o f Meeting was posted at City Hall, 113 E. 8th Street, a p lac e read ily acc es s ib le to the general pub lic at all times , o n the _____ day of _________________, 2018, at __________, and remained so p o s ted for at leas t 72 c o ntinuo us ho urs p receding the s cheduled time of s aid meeting. __________________________________ Shelley No wling, City S ecretary Page 2 of 121 City of Georgetown, Texas City Council Workshop September 11, 2018 SUBJECT: Mayoral presentatio n and po ssible discussion regarding selected Robert's Rules Pro c e dures -- Mayor Dale Ross ITEM SUMMARY: The mayor will highlight with city council some o f the principles of Robert’s Rules that he will be focusing on going forward at both c ity council workshops and meetings. FINANCIAL IMPACT: None. SUBMITTED BY: RLD for Mayo r Ro ss ATTACHMENT S: Description Ro b erts Rules Pres entatio n Page 3 of 121 Robert’s Rules of Order September 11,2018 Page 4 of 121 Time and Sequencing •Mover of the motion is always allowed to speak first. •A time limit for speaking should be allowed and enforced. •No member can speak twice to the same issue until everyone else has spoken to it first. •The mover may speak again only after other speakers are finished, unless called upon by the Chair. Page 5 of 121 My Approach •When it is obvious that most Council Members will have something to say on a motion,especially if I anticipate a lengthy and detailed discussion,I will put time limits in place on each speaker,as I have done in the past. •When we veer off track into direct questioning,or other inappropriate behaviors,I will enforce the principle of Speaking through the Chair. •In all cases,I will rigorously enforce rules of common courtesy and respect in our comments,and in the behavior of the audience. •In short,we can disagree without being disagreeable. Page 6 of 121 City of Georgetown, Texas City Council Workshop September 11, 2018 SUBJECT: P resentation and discussio n of the 2018 Citizen Surve y conducted by Texas State University -- Jack Daly, Assistant to the City Manager and Dr. Thomas Longoria, Texas State University ITEM SUMMARY: In April, the City of Geo rgeto wn partnered with Texas State University’s Center for Re search, P ublic P olicy, and Training to conduct the biennial Citizen Survey. Texas State also co nducted the 2016 citizen survey. FINANCIAL IMPACT: City Council appro ved a service agreement on April 10 for Texas State to conduct the biennial citizen survey. The financial impact for co ntracting with Texas State was $6,0 61 . SUBMITTED BY: Jack Daly ATTACHMENT S: Description 2018 Citizen S urvey Presentatio n S urvey Instrument F ully Exec uted Agreement with Texas State - C itizens ' S atisfac tion Survey for the C ity of Geo rgeto wn (FY18) Page 7 of 121 City of Georgetown 2018 Resident Survey Summary of Results Thomas Longoria, Ph.D. Professor and Director Center for Public Policy, Research and Training Texas State University tl28@txstate.edu Page 8 of 121 About the Survey (Research Method) •The survey was mailed to a random sample of 2,300 households. 469 residents completed the survey •The response rate for the random sample survey was 20 percent. Based on the response rate we can be 95% certain that the results for the questions reflect the views of Georgetown households with a margin of error of +/-4% •In addition, a link to an open survey was also made available to the public. 873 residents completed the open survey •This summary of results presents the findings for each of categories of questions in a graph that presents the distribution of responses across each question •Noteworthy findings are indicated in each section •A common benchmark is 80% who rate the service “good” or “excellent” •Comparison of Georgetown’s 2018 results to 2016 results and put Georgetown’s ratings into context with changes overtime and comparison with similar cities (to date, only one other city participated in 2018) Page 9 of 121 About the Survey (Understanding Results) •The responses are best viewed as perceptions. In other words, these results represent the perceptions of residents rather than some objective “reality.” •Perceptions are influenced by expectations •If a person is expecting a small town atmosphere, they are likely to perceive traffic differently than a person with different or no specific expectations about a small town atmosphere •Questions that are not applicable were skipped by the respondents. Note the number of respondents changes. This approach was used to estimate the perceptions that were applicable or relevant to the respondent. Page 10 of 121 Respondent Characteristics •The random and open survey match US Census data closely in the cases of years living in Georgetown and race •The random and open survey do not match US Census data closely in the cases of home ownership and age of householder Page 11 of 121 Demographic Comparisons 53 47 55 4547 53 0 10 20 30 40 50 60 Less than 5 years More than 5 years Pe r c e n t Years Lived in Georgetown Random Sample (n=466)Open Survey (n=852)US Census 16 84 23 77 17 83 0 10 20 30 40 50 60 70 80 90 Non-White White Pe r c e n t Racial Background Random Sample (n=483)Open Survey (n=922)Census Page 12 of 121 Demographic Comparisons, cont. 90 10 90 10 73 27 0 10 20 30 40 50 60 70 80 90 100 Own Rent Pe r c e n t Home Ownership Random Sample (n=464)Open Survey (n=847)Census 25 75 41 5956 44 0 10 20 30 40 50 60 70 80 Under 65 Over 65 Pe r c e n t Age of Householder Random Sample (n=343)Open Survey (n=724)Census Page 13 of 121 Summary of Results •81% rate the value of city services for taxes paid as good or excellent •98% rate the overall quality of life in Georgetown as good or excellent •The city met or exceeded benchmark in 82% of cases (32 of 39 indicators) •Ratings increased in 32% of cases (8 of 25 common indicators (2016-2018)) •Street repair (+12%) •City beautification (+8) •A place to work (+7%) •Emergency Preparedness (+6%) •Ratings decreased in 4% of cases (1 of 25 common indicators (2016-2018)) •Traffic flow on major streets (-16%) •The top three priorities volunteered by respondents are (1) traffic; (2) infrastructure and roads; (3) manage growth Page 14 of 121 Respondent Characteristics and Perceptions •33 key service indicators were examined by 7 demographic categories (random sample survey) •There were 30 statistically significant associations out of 231 possible (13%) •Highlights include: •Lower income residents less satisfied with employment and housing •Younger residents less satisfied with the city as place to work and walking for leisure •Non-white residents less satisfied with housing opportunities, animal control, and water services •Women are less satisfied with the city as a place to work and biking for leisure •Owners are less satisfied with traffic and parking. Renters are less satisfied with housing opportunities •Households that include children are less satisfied with walking for leisure •Residents for more than 10 years are less satisfied with housing opportunities, animal control, street repair and traffic signal timing Page 15 of 121 Comparison to the Open Survey •As noted earlier an open survey link was made available to residents •Respondents were asked to report their nearest intersection. •Respondents from outside the city limits were reformed from the analysis •Duplicated IP Addresses were examined and if no logical reason, these responses were deleted •Results of Open Survey •In all but 1 of 40 cases, the respondents to the open survey rated the service or issue lower than respondents to the random sample •The average percent good or excellent •79% (random sample) •73% (open survey) •Very large differences •Quality of new development (58% good or excellent, 18% percent lower) •Permitting and Inspections (64% good or excellent, 14% percent lower) •Ease of biking for leisure (48% good or excellent, 12% lower) •Value of city services for taxes paid (71% good or excellent, 10% lower) Page 16 of 121 Results •The following slides are the results for the random sample survey Page 17 of 121 Value of City Services 81% of respondents rated the value of city services for taxes paid as good or excellent In 2016, 78% of respondents indicated that the value of city services for city taxes paid was good or excellent 26.1 54.8 16.6 2.5 0 10 20 30 40 50 60 Excellent Good Fair Poor Pe r c e n t Value of City Services for Taxes Paid Page 18 of 121 Quality of Government 83% of respondents rated the quality of local government as good or excellent. 80% rate county government as good or excellent. 62% rate state government as good or excellent 55% rate the federal government as good or excellent 9.4 10.1 15.5 20.8 45.3 51.5 64.2 61.8 33.3 30.1 17.2 14.812 8.3 3.1 2.6 0 10 20 30 40 50 60 70 Federal Government (n=393) State Government (n=396) County Government (n=413) City Government (n=427) Pe r c e n t Quality of Government by Level of Government Excellent Good Fair Poor Page 19 of 121 Quality of Life In Georgetown Over 98% of respondents rated the overall quality of life in Georgetown as good or excellent, the same percentage was found in 2016 81% of respondents indicated that Georgetown was a good place to work. A 7% increase over 2016 64.5 60.6 38.4 68.4 60.3 32.7 34.3 42.1 25.7 37.2 2.4 3.5 14.8 4.4 2.10.4 1.6 4.8 1.5 0.40 10 20 30 40 50 60 70 80 The City as a Place to Live (n=468) A Place to Raise Children (n=315) A Place to Work (n=271) A Place to Retire (n=452) Overall Quality of Life (468) Pe r c e n t Perceptions of Quality of Life Excellent Good Fair Poor Page 20 of 121 Perceptions of Development 56% of residents rate employment opportunities as good or excellent 69% rate housing opportunities as good or excellent 84% rate the quality of businesses and services as good or excellent 19.7 10.8 15.9 18 64.4 45 52.6 50 13.9 32.3 24.4 27.2 2 12 7.1 4.8 0 10 20 30 40 50 60 70 Quality of Businesses and Service Establishments (n=461) Employment Opportunities (n=346) Housing Opportunities (n=397) Retail Options (n=434) Pe r c e n t Perceptions of Development Excellent Good Fair Poor Page 21 of 121 Traffic and Parking 25% of respondents rate traffic flow as good or excellent. In 2016, 41% rated traffic flow as good or excellent. The percentage who rated traffic flow as poor increased from 18% to 28% 2.1 6.6 23.2 40.7 46.3 36.5 28.4 16.2 0 10 20 30 40 50 Traffic Flow on Major Streets (n=404) Amount of Public Parking (N=457) Pe r c e n t Traffic and Parking Excellent Good Fair Poor Page 22 of 121 Alternative Transportation Modes 79% rate the ease of walking for leisure as good or excellent 30% rate the ease of walking to work as good or excellent 30% of respondents rated the ease of biking to work as good or excellent 17.8 4.5 38.7 6.3 41.9 25.5 40.2 16.1 28.5 30.6 17.4 28.7 11.9 39.5 3.7 48.9 0 10 20 30 40 50 60 Ease of Biking for Leisure (n=270) Ease of Biking for Work (n=157) Ease of Walking for Leisure (n=455) Ease of Walking for Work (n=174) Pe r c e n t Walking and Biking Excellent Good Fair Poor Page 23 of 121 Emergency Services 96% of respondents rated police services as good or excellent 93% of respondents rated emergency preparedness as good or excellent 55 68.9 41.341 28.1 51.7 3.4 2.5 5.60.7 0.5 1.30 10 20 30 40 50 60 70 80 Police Services (n=444) Fire sevices (n=441) Emergency Preparedness (n=375) Pe r c e n t Emergency Services Excellent Good Fair Poor Page 24 of 121 Municipal Courts and Traffic Enforcement 80% of respondents rated traffic enforcement as good or excellent 92% rated municipal courts as good or excellent 30.8 25.1 60.7 55.1 7.3 15.1 1.2 4.6 0 10 20 30 40 50 60 70 Municipal Courts (n=247) Traffic Enforcement(n=414) Pe r c e n t Municipal Courts and Traffic Enforcement Excellent Good Fair Poor Page 25 of 121 Code Enforcement and Permitting 78% of respondents rated code enforcement as good or excellent 87% rated animal control as good or excellent 78% rated permitting and inspections as good or excellent 22.2 32.7 17.7 55.3 54 60.2 18.1 10.2 15 4.4 3.1 7.1 0 10 20 30 40 50 60 70 Code Enforcement (n=320) Animal Control (n=352) Permitting and Inspection (n=254) Pe r c e n t Code Enforcement and Permitting Excellent Good Fair Poor Page 26 of 121 Streets and Sidewalks 73% rated street repair as good or excellent, a 12% increase since 2016 72% rated street lighting as good or excellent 53% rated traffic signal timing as good or excellent 15.9 17.8 9.9 57.4 52.4 43.2 20.7 22.8 31 6.1 7 15.9 0 10 20 30 40 50 60 70 Street Repair (n=460) Street Lighting (n=460) Traffic Signal Timing (n=465) Pe r c e n t Streets and Sidewalks Excellent Good Fair Poor Page 27 of 121 Waste Services 94% of respondents rated the quality of the garbage collection as good or excellent 91% rated recycling as good or excellent 76% rated yard waste pickup as good or excellent 52.6 51.8 32.8 40.9 39 43.4 5.8 5.9 14.9 0.6 3.2 8.9 0 10 20 30 40 50 60 Garbage Collection (n=462) Recycling (n=438)Yard Waste Pickup (n=403) Pe r c e n t Waste Services Excellent Good Fair Poor Page 28 of 121 Utility Services 94% of respondents rated sewer services as good or excellent 92% of respondents rated electric services as good or excellent 90% rated city water services as good or excellent 38 38.8 44.3 51.2 54.8 47.8 8.9 6.2 7.4 2 0.2 0.50 10 20 30 40 50 60 City Water Services (n=461) City Sewer Services (n=436) City Electric Services (n=431) Pe r c e n t Utility Services Excellent Good Fair Poor Page 29 of 121 Parks and Recreation and Public Library 95% of respondents rated city parks as good or excellent 98% of respondents rated the public library as good or excellent 55.6 44.1 70 22.6 38.9 49.2 27.9 45.5 5 6.3 1.9 25.1 0.5 0.3 0.2 6.8 0 10 20 30 40 50 60 70 80 City Parks (n=437) Recreation Programs (n=333) Public Library (n=427) Community Events (n=367) Pe r c e n t Parks and Recreation and Public Library Excellent Good Fair Poor Page 30 of 121 Services and City Beautification 89% of respondents rated services to youth as good or excellent 88% of respondents rated services to seniors as good or excellent 92% rated city beautification as good or excellent 37.8 33.7 41.2 49.7 55.6 50.4 11.7 9.1 8 0.8 1.6 0.40 10 20 30 40 50 60 Services to Seniors (n=368) Services to Youth (n=252) City Beautification (n=452) Pe r c e n t Services and City Beautification Excellent Good Fair Poor Page 31 of 121 Service Utilization 57% of respondents visited the downtown square often or very often 32% of respondents visited a city park often or very often 32% visited the city library often or very often 19% utilized a recreation program often or very often 17% visited the city website often or very often 15 9.4 12.4 21.7 5.1 16.5 9.9 19.1 35 11.9 30.4 19.5 36.2 32.4 26 19.1 25.8 21.2 7.7 24.2 19.2 35.4 11.1 3.2 32.8 0 5 10 15 20 25 30 35 40 City Library (n=467) Recreation Programs (n=466) Visted a City Park (n=382) Visited the Downtown Square (n=466) Visted City Website (n=454) Pe r c e n t Service Utilization Very Often Often Sometimes Rarely Never Page 32 of 121 Sources for News about Georgetown 57% of respondents used the city social media as a source for news (up 9% from 2016) 63% of respondents used Community Impact as source for news often or very often Top three sources of news in 2018: •Community Impact •City Newsletter •Williamson County Sun 13.9 5.5 22.1 27.6 2 6.8 36.4 14.3 22.6 34.9 3.7 13 24.3 19.4 16.9 17.5 5.5 22.9 8.9 17.4 16 9.9 14.3 18.716.5 43.4 22.4 10.1 74.5 38.7 0 10 20 30 40 50 60 70 80 City Newsletter (n=461) City Social Media (n=454) Williamson County Sun (n=456) Community Impact (n=456) GTV Ch. 10 (n=455) Local TV Stations (n=455) Pe r c e n t Source for News about Georgetown Very Often Often Sometimes Rarely Never Page 33 of 121 Citizen- Initiated Contacting 54% percent of residents had contact with a city employee in the last year 91% rated the service the employee provided as good or excellent overall 54.4 45.6 Percent of Residents Who Had Contact with a City Employee Yes No 54.336.4 3.9 4.7 Rating City Employee Contact Excellent Good Fair Poor Page 34 of 121 Neighborhood Safety 90% of respondents rated neighborhood safety at night as good or excellent 89% feel safe in their neighborhood at night 95% of respondents feel safe in the downtown square 64 47 47.4 30 41.5 47.9 5.1 9.6 4.50.9 2 0.30 10 20 30 40 50 60 70 Neighborhood (Day) (n=470) Neighborhood (Night) (n=460) Downtown Square (n=397) Pe r c e n t Neighborhood Safety Excellent Good Fair Poor Page 35 of 121 Safety in Recreation and Shopping Areas 88% of respondents rated safety in city parks as good or excellent 79% rated safety in recreational waters as good or excellent 95% rated safety in shopping centers as good or excellent 81% rated the safety of city drinking water as good or excellent 32.5 27.8 40.9 36.9 55.1 50.9 53.9 44.3 12.1 17.5 4.9 10.3 0.3 3.8 0.2 8.5 0 10 20 30 40 50 60 City Parks (n=314) Recreational Waters (n=234) Shopping Centers (n=445) Drinking Water (n=447) Pe r c e n t Safety in Recreation and Shopping Areas Excellent Good Fair Poor Page 36 of 121 Top priorities (open ended) Top Three Priorities 1.Traffic 2.Infrastructure and Roads 3.Manage Growth 221 157 129 126 104 101 93 63 52 40 37 24 11 8 0 50 100 150 200 250 Traffic Infrastructure and Roads Manage Growth Quality of Life Programs Safety Taxes and Spending Retail, Restaurants, Businesses Housing Other Schools and Education Public Transit Water Access Clinics and Health Jobs Number Co d e d C a t e o r y Total Number of Mentions Page 37 of 121 Questions? Page 38 of 121 Page 1 of 4 City of Georgetown 2018 Citizen Survey This survey is being conducted by Texas State University on behalf of the City of Georgetown. Your address has been randomly selected to receive this survey. Your responses are completely confidential. While participation is optional, your feedback is extremely important to the City. Surveys may be mailed back to the Center for Research, Public Policy and Training; Texas State University, UAC 355; 601 University Dr., San Marcos, TX 78666 or completed online by using the link provided below. The online code is used to ensure that survey results are not duplicated. Thank you in advance for your time. Please contact crppt@txstate.edu or keith.hutchinson@georgetown.org with questions. EN ESPAÑOL: Por una versión de este encuesta en español, mande un correo electrónico a tl28@txstate.edu o llama 512-245- 3256. If you have any concerns about this survey, contact Dr. John Lasser Texas State Institutional Review Board (IRB) Chair at 512-245-3413 or lasser@txstate.edu or Monica Gonzales at meg201@txstate.edu Please return this survey by April 30, 2018. To complete online visit: www.bit.ly/1Rnv2dk and enter online code: Please bubble in the response that best represents your opinion for each of the items below. Feel free to select N/A if you don’t know, have no opinion or if the question does not apply. 1. In your opinion, what are your top three priorities for the City of Georgetown? 1. _____________________________________ 2. _____________________________________ 3. _____________________________________ 2. Please rate the following elements of quality of life in Georgetown. Poor Fai r Good Excellent N/A The city as a place to live A place to raise children A place to work A place to retire Overall quality of life 3. Please rate the following aspects of mobility in Georgetown. Poor Fair Good Excellent N/A Ease of walking for leisure Ease of walking to work Traffic flow on major streets Amount of public parking Ease of biking for leisure Ease of biking to work 4. Please rate the following characteristics of development in Georgetown. Poor Fair Good Excellent N/A Quality of new development Overall quality of businesses Employment opportunities Housing Availability Retail Options Page 39 of 121 Page 2 of 4 5. Please rate the quality of each of the following protective services in Georgetown. Poor Fair Good Excellent N/A Police services Fire and EMS services Municipal courts Traffic enforcement Code enforcement Animal control Emergency preparedness 6. Please rate the quality of each of the following public services in Georgetown. Poor Fair Good Excellent N/A Street repair Street lighting Garbage collection Recycling Yard waste pickup Traffic signal timing City water service City sewer service City electric service Permitting & inspection services Other comments about City services. 7. Please rate the quality of each of the following community services in Georgetown. Poor Fair Good Excellent N/A City parks Recreation programs Services to seniors Services to youth Public library City beautification 8. In the previous 12 months, how many times have you or members of your family used the following services? Never Rarely Some -times Often Very Often City library Recreation centers A city park Downtown Square 9. In the previous 12 months, how often did you receive news about the City of Georgetown from the following sources? Never Rarely Some -times Often Very Often Georgetown .org (city website) Reporter (Utility bill newsletter) City Social Media Williamson Co. Sun Community Impact GTV Ch. 10 Local TV Sta. Other Media Source(s): Page 40 of 121 Page 3 of 4 10. Overall, how would you rate the quality of services provided by each of the following levels of government? Poor Fair Good Excellent N/A The Federal Government The State Government County Government City Government Now we would like to ask you some questions about your satisfaction with contact with city employees. 11. Have you had any in-person, phone, email or social media contact with any employee of the City of Georgetown within the last 12 months? Yes No 12. If you answered yes to #12, what was your impression of the employee(s) of the City in your most recent contact? Department contacted:___________________________ Poor Fair Good Excellent N/A Overall impression 13. Please rate safety in the following areas throughout the City? Poor Fair Good Excellent N/A In your neighborhood (day) In your neighborhood (after dark) In downtown square In city parks In recreational waters (Blue Hole, Lake Georgetown) In shopping centers Drinking city water 14. In Georgetown, residents pay property taxes to the City, the County, and the School District. The School District rate accounts for approximately 60% of total property taxes paid, the County rate accounts for approximately 20% of total property tax paid, while the City’s rate accounts for less than 20% of property taxes paid. Based on this information, do you think the value of services you receive from the City is: Poor Fair Good Excellent N/A 15. Anything else you want us to know? _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ _____________________________________________ Now we would like to ask you some questions about you and your household. Remember that your responses are completely confidential and anonymous. Please complete the questions on the next page Page 41 of 121 Page 4 of 4 16. How many years have you lived in Georgetown? 17. Which of the following best describes the building you live in? 18. Do you own or rent? 19. What is the nearest neighborhood intersection near your home? (e.g., 1st and Main) ________________ and ________________ 20. What is your gender? 21. Which of the following options best describes your age category? 18-24 25-34 35-44 45-54 55-64 65-74 75 years + 22. Please select all that apply: 23. Are you of Hispanic or Latino origin? Yes No 24. What is your race or ethnicity? 25. What is your household income? Less than $25,000 $25,001 to $50,000 $50,001 to $75,000 $75,001 to $100,000 $100,001 to $150,000 Over $150,001 26. How many adults (18 or older) live in your household? ___________ 27. How many children (younger than 18) live in your household? _________ Thank you for participating in our survey! The City of Georgetown values your opinions. Less than 2 years 2-5 years 6-10 years 11-20 years More than 20 years Single-family home (detached) Duplex or townhome Apartment or condo building Mobile home Other Own Rent Other Arrangement Male Female Other____________ Full Time Employee Unemployed Retired Student Part Time Employee White Black or African American Asian, Asian Indian, Pacific Islander American Indian or Alaskan Native Other Page 42 of 121 Services Agreement This agreement is entered into by the City of Georgetown located at 300-1 Industrial Ave Georgetown, Texas 78626 (Contractor) and Texas State University located at 601 University Dr. San Marcos TX 78666 (University). 1.Term and Termination. (A)This agreement is effective as of April 1, 2018 and shall terminate on October 31, 2018. (B)Either party may terminate this Agreement sooner for any reason by giving the other party at least 30 days' written notice of its intent to terminate. Upon termination, the Contractor will pay the University for all work completed prior to the date of termination and for any non-cancelable obligations that the University has Incurred in connection with this Agreement. 2.Scope and Consideration. (A)The University will perform the work set forth in Exhibit A. (B)The Contractor will pay the University on a Fixed Price basis as provided in Exhibit B. 3.Liablllty.(A)Each party agrees to be solely responsible for the wrongful acts of its own employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of Its sovereign immunity. (B)Neither party will be liable to the other under this Agreement in an amount that exceeds the payment that the University will receive from the Contractor or for any special, consequential, incidental, or exemplary damages, including damages for lost profits, savings, or business opportunities. 4.Copyright & Publication (A)Project Intellect ual Property "Project Intellectual Property" means the legal rights relating to inventions copyrights, trademarks and service marks, mask projects, and computer software first made or generated in performance of the project described in this Agreement. (B)University retains title to Project Intellectual Property first produced-solely by its employees under this agreement. Jointly developed Project Intellectual Property shall be jointly owned. (C)Either party may publish works based on the data collected under this agreement without prior consent of the other party. (D)Each party grants to the other a non-exclusive, royalty-free right to use Project Intellectual Property for educational and Internal purposes, including academic publications. 5.Independent Contractor The parties are acting as independent contractors in this arrangement. Neither party will be an employee of the other, nor will neither party have any claim or right arising from employee status. This Agreement does not create a partnership, joint venture, or other arrangement that would make one party liable for the acts or omissions of the other. 6.Miscellaneous. This is the only agreement of the parties respecting this subject, and it supersedes any prior written or oral agreements between the parties regarding this subject. The parties may not amend this agreement except in writing, dated after the date of this agreement and signed by each party's representative. Texas State #A 2018-0068 Page 43 of 121 7.Venue.This agreement shall be governed, construed and enforced in accordance with the laws of the State of Texas. Any legal action relating to this agreement shall be brought in Hays County, Texas. 8.Disputes. Any dispute arising under this agreement shall be resolved pursuant to the regulationsestablished in Texas Government Code chapter 2009. 9.Breach. Contractor's failure to fully comply with the payment terms set forth herein constitutes amaterial breach by Contractor and University may terminate this agreement by giving Contractor at leastten days' prior notice, except that any such notice will not result in termination If the breaching partycures the breach before the ten-day period elapses. In the event of breach by Contractor, Universityshall retain sole and exclusive ownership of all work performed by University pursuant to thisagreement. 10.Nondiscrimination. In their execution of this agreement, all contractors, subcontractors, theirrespective employees, and others acting by or through them shall comply with all federal and statepolicies and laws prohibiting discrimination, harassment, and sexual misconduct. Any breach of thiscovenant may result in termination of this agreement. 11.Payment. The Contractor's payment obligations are payable only and solely from fundsappropriated by the City Council of the City of Georgetown and available for the purpose of thisagreement. 12.Duly authorized representatives of the contacting entities have execu ted and delivered this lnterlocalAgreement by the signatures below. Reviewed and Approved to Sign-ne Palmer, OT� CITY OF GEORGETOWN By: (Z.,e. � Dale R9r, �ayor Date: 4 I o �ol '.D � Y: Charlie McNabb, City Attorney Page 44 of 121 ATTACHMENT A Scope of Work The University will conduct a citizens' satisfaction surve y for the City of Georgetown that will Include questions that are specific to the City, along with questions that are generalized to the Central Texas Region. DELIVERABLES Upon conclusion of the work, the University will deliver: •A bi-lingual survey instrument on citizen satisfaction •Statistical analysis of survey results •A report on aggregated regional results •A report on City specific results •An executive summary of results •Content description and summaries of each survey topic •Profile of survey respondents•Overview of survey research method •Copy of survey Instrument •Printing and mailing of surveys •Two presentations to city council Fieldwork can be completed by 08/31 /18 or sooner. The reporting will occur concurrently with the fieldwork and can be submitted by 08/31 /18. This report can likely be submitted to the City staff responsible for the survey. A final report is expected by 10/31/18. Delays in this submittal date may occur due to city staffs' comments or review. Final Invoice is expected at submittal of final report or before 10/31/18. This work and deliverables will be conducted as a fixed price contract. Page 45 of 121 ATTACHMENT B Recipient shall pay $6,061 to Texas State University for the contract period on a fixed price basis. ESTIMATED BUDGET For Fixed Price Amount of $6,061.00 Longoria, Thomas City of Georgetown/Citizens' Satisfaction Survey Project Period: 04/01/2018-10/31/2018 Salary Thomas Longoria, Pl Fringe Benefits Thomas Longoria, Pl Materials and Supplies Postage Bulk mall for 2500 surveys, plus business reply postage charges at an estimated response rate of 40% Supplies 2500 business reply envelopes; printing services estimated for 3 page survey front and back Total Direct Costs Total Indirect Costs@ 10% Total Project Costs Invoices for services shall be submitted to: Mr. Paul Diaz 113 E. · Eight Street Geogetown, TX 78626 (512)930-3696 Paul.Diaz@georgetown.org Payment shall be remitted to: Office of Research and Sponsored Programs Post-Award Support Services Texas State University 601 University Drive, JCK 420 San Marcos, TX 78666 Total Costs $ 3,125.00 $ 875.00 $ 990.00 $ 520.00 $ 5,510.00 $ 551.00 $ 6,061.00 Page 46 of 121 City of Georgetown, Texas City Council Workshop September 11, 2018 SUBJECT: P resentation and discussio n on Water Oak MUD Agreements -- Wayne Reed, Assistant City Manager ITEM SUMMARY: Council is being asked to provide feedback o n potential amendments to the Water Oak Subdivision’s consent and development agreements, which impac t the existing Williamso n County Municipal Utility District (“WCMUD #25”) and up to two future MUDs (a.k.a. “Water Oak MUDs”). The amendments to the co nsent agreement and developme nt agreement approved by City Council in Septe mber of 2017 were terminated because the Conditions Precedent were no t completed, including the closing on the Water Oak South property by the buyer in January. Therefore, the Water Oak development is controlled by the 2012 Amended and Restated Consent Agreement and the 2012 Ame nded and Restated Development Agreement (co llectively the “Agreements”). Blake Mage e , on be half of Hanna/Magee, LP, is pre sently under co ntract with the bank to purc hase approximately 1,1 47 acres, which includes all of Water Oak South, the 76 .6 acres in the floodplain along the South San Gabrie l River, and a roughly 20 acre tract located on the north side of the river in Water Oak No rth. An ame ndment to the Agreeme nts will require nego tiatio ns with the WCMUD #25 as well as Hanna/Magee. This presentation is focused on negotiatio ns with Hanna/Magee for the portio n of the property (1 ,14 7 acres) described above (referred to as Parkside on the River, see Attachment 1). Background The City Counc il approved its MUD Policy on July 2 4, 2018. In this Policy, Council affirmed, the purpo se o f a MUD is “to assist in closing the financial gap when a development is seeking to exceed minimum City standards, provide a robust program of amenities, and/or where substantial off-site infrastructure improvements are required that would serve the MUD and surrounding properties.” The Policy identifies the basic requirements for the creation and amendment to a MUD are as follows: 1. Quality Develop ment. The develo pment meets o r exceeds the intent of the developme nt, infrastructure, and design standards of City code 2. Extraord in ary Benefits. The development pro vides extrao rdinary public bene fits that advance the vision and go als of the Co mprehensive Plan, such as, but not limited to, extensio n, financial co ntribution, and/or e nhancement of master planned infrastructure, diversity of housing, and enhanced parks, trails, open space, and recreational amenitie s that are available to the public; 3. Enhance Pub lic S ervice and Safety. The development e nhances public se rvic es and optimizes service de livery through its de sign, dedication of sites, conne c tivity, and other features. 4. City Exclusive Provider. The developme nt further promotes the City as the exclusive provider of water, sewe r, solid waste, and electric utilities; 5. Fiscally Respo nsib le. The development is financially feasible, doesn’t impair the City’s ability to provide municipal services, and would not impose a financial burden o n the citizens of Georgetown in the e vent of annexatio n; 6. Finance Plan . The develo per(s) contributes financially to cover a portion of infrastructure expense s witho ut reimburse ment by the MUD or the City and as refle c ted in co nditio ns placed on the issuance of bo nds by the district; 7. Annexa tion . The development will not impair the City’s future annexation o f the MUD or adjacent property or impose co sts no t mutually agreed upon. City staff finds the pro posed amendments to the Water Oak Subdivisio n Agreements as desc ribed in this presentation will achieve the intent of the City’s MUD Policy (see attac hment 3). P roposed Amendme nts (20 18) There re mains work to be done on the division of responsibilities between WCMUD #25, which will re pre sent Water Oak North, minus the 20 acres under contract, and Hanna/Magee (“Developer”), which will be responsible fo r Water Oak Page 47 of 121 South. The follo wing o utline provides the high level terms and broad concepts under which the Developer has agreed it would proceed with the purchase and development of the 1,1 47 acres: Annexati on Develope r has agreed to annex the po rtion of Water Oak South that is not located within the boundaries of WCMUD #25 (see Attachment 2). The annexation would include approximately 847 acres. In addition, Hanna/Mage e owns anothe r 90 acres located on the south side of RM 224 3; the Developer intends to add all o r a portion o f the 9 0 acres into the WCMUD #2 5. The City and the Developer will negotiate a development agreeme nt in advance of annexation that will assign, allocate, and distribute existing and new rights and re spo nsibilities between the Deve lo per, WCMUD #25, and the City as well as reco gnize a land use plan. The Developer will submit annexation, PUD, and MUD applications concurrently. The City will nego tiate new agreements with the Deve lo per separate fro m amending the existing Water Oak Agreements with WCMUD #25. In-ci ty MUDs The following bond terms are for future In-city MUDs and contemplate a Chapter 552 Agreeme nt between the City of Georgetown and future In-City MUDs. At this time, the portion Water Oak South that is located in WCMUD #25 will remain in the ETJ as mentioned above. The terms outlined reflect the ne gotiations between City staff and the Developer to date: Bonds (in-city MUDs) Di stri ct Onl y Tax Rate (Maxi mum): $0.6 5 per $100 AV for an in-c ity MUD Maxi mum Amount of B onds to be Issued : $66 million (estimated) Maxi mum Maturi ty of B onds: 30 ye ars [an increase from the current 20 years] Re fundi ng of B onds: a In-City Distric t may redeem bonds at any time beginning not later than the fifte e nth (15 th) anniversary of the date of issuanc e witho ut premium [An incre ase of 5 years] Maxi mum Issuance P eri o d betw een Fi rst and Last Bo nd per Di stri ct: The latest Bo nd issuance date for an In-City MUD shall be 15 years from the date o f the first issuance of Bonds issued by the first In-city District (or 1 5 years from the date o f the first issuanc e of Bo nds by an In-city Successor District, if Successo r In-City District issues Bonds be fore the first In-City District). [an increase from the current 1 0 ye ars] Re i mbursement Agreements : The First In-City District and any Successor In-City District will not issue Bo nds for the purpo ses of reimbursing the Develo per fo r any costs o r expenses paid by the Develo per after the fifteenth (1 5th) anniversary of the Effective Date of a new Agreement, which costs and expenses wo uld othe rwise be eligible to be reimbursed to the Deve lo pe r by the In-City District(s). [an inc re ase from the c urre nt 1 0 years. F aci l i ti es B o nds may be Issued to Fi nance: Water, Wastewater, Storm Drainage, Roads, Recreational Fac ilities, and Refunding Bonds. The Bridge will be remo ved from the list of eligible co sts, because it is propo sed that the City assumes this responsibility Master Deve lo pment Fee Maste r Devel opment Fee: The City will not co lle c t a MDF from any In-City MUD and will not collect it fo r any portio n of WCMUD #25 under ownership of the Developer and located in Water Oak South. At this time , the City intends to continue to assess and co llect the MDF from bo nds issue d by WCMUD #25 for impro vements serving Water Oak North acco rding to the existing MDF Calculation Form. The MDF is intended to set aside funds to cover a po rtion of the co sts asso c iated with the South San Gabriel Bridge (the “Bridge”). The City will continue to c ollect the MDF to offset costs associated with the Bridge. Chapter 55 2 Agreement In addition to the terms for In-c ity MUD(s), City staff supports a Chapter 552 Agreement between the City and o ne or more In-city MUD to establish reimbursement ranging fro m $0 .15 to $0 .20 per $10 0.0 0 of taxable assessed value payable fro m collectio ns of the City's ad valo rem taxe s attributable to Water Oak So uth ranging from $25 to $32.5 Million (the “Maximum Reimburseme nt Page 48 of 121 Land Uses Water Oak South Land Use Pl an (per approved Land Use P l an from 2012 ) P arksi de on the Ri ver (Enti re 1,147 acres) Parksi de o n the Ri ver (Roughl y 84 7 acres, w hi ch w oul d be annexed) Acres 1,0 60 1,1 47 847 Single-family (max.)2,7 20 2,0 25 1,324 Multi-family and cluster homes (est.) 0 MF = 600 (20 DU/AC) Cluster = 650 (14 DU/AC) Cluster = 650 (14 DU/AC) Commercial (acres)5.5 31 11 Open Space (ac re s)2 80 3 15 Portion School Site (acres)12 16 16 Fire Station (#)1 1 Not included Amo unt") Eligible Public Improvements: Water Oak Pkwy, regio nal trail along the river and Wate r Oak Parkway, major collector ro ad, and Traffic Improveme nts on FM 2 243. Land Use Land Use P lan. Developer will de velop a new land use plan (referred to as Parkside on the River at this time ) for the entire Water Oak South area. Presently, the Water Oak Land Use Plan allo ws a maximum of 3 ,26 8 single-family homes, which includes the maximum of 54 8 homes in Water Oak No rth) and does no t inc lude any multi-family; the existing Land Use P lan provides 17.7 acres for co mmercial, of which only 5 .5 ac re s are located in Water Oak South. The basic difference be twe e n the existing Water Oak Land Use Plan and P arkside o n the River is illustrate d belo w: NOTE: P arkside o n the River Land Use P lan include s all 7 7 acre s of floo dplain alo ng the So uth San Gabriel River and about 20 acres of land no rth of the river that will have about 72 lots. Deve lo pment and Design Standards. The development will remain subject to the UDC standards in place as o f June 1 , 20 11. The Developer has e xpressed willingness to improve tree preservation standards (Hillwo od arrangement) and will meet street design standards in general. The Developer has asked for some flexibility around impe rvious coverage and stormwater. As negotiations proceed, mo re detail will eme rge around deve lo pment and design standards, which will allow a more detailed analysis than is available no w. Ho weve r, the intent is fo r the development to include standards that are consiste nt and, in some areas, exce e d the minimum standards in place. Transpo rtation B ri dge. City will be responsible for the design, funding, and construc tion o f the Bridge. Wate r Oak Parkway. De veloper/District will be responsible for the design, funding, and co nstruction of Wate r Oak Parkway as a major arterial, which is identified on the City’s Overall Transpo rtation Plan (OTP). A po rtion of this road (one-half of the ROW) will be aligned o n the adjacent Ge orgetown P roperties Trac t II; two lanes of Water Oak Parkway will be built by the developer of the Geo rgetown Pro perties Tract II. A te n (10 ) foo t wide trail along one side will be included. The minimum ROW is 13 5 feet. P arkw ay B. De veloper/District will be respo nsible for the de sign, funding, and co nstruction of P arkway B, whic h will likely be a four lane collector. City staff will work with the Develo pe r to identify the appro priate roadway classification for this portion o f Water Oak South based upon a revised land use plan. Si g nal i zed Intersecti ons on RM 22 43 (Tw o). Developer/District will be responsible for the design, funding, and construction o f two signalized intersections located at Water oak Parkway and Parkway B Page 49 of 121 when warrants are met. Utilities Excl usi ve Provi der. The City will co ntinue to be the exclusive provider of all services – wate r, waste water, and solid waste. Impact fe e s to be the same regardless of inside city limits or in ETJ. 24 ” Water Transmi ssi o n Li ne. The City will provide a maximum funding of $4,062,0 00 toward the c onstructio n of this master plan line and will co mplete the design too. The City will reimburse the De veloper/District up to $3,000,0 00 for it to co nstruct the 24” Water Transmission Line from RM 224 3 to the south side of the river; any cost over $3 ,00 0,0 00 fo r this stretch will be borne by the de veloper/District. The City will use the remaining funds to connect the transmission line between Water Oak No rth and Water Oak South. On-si te Faci l i ti es. The Developer/District to cover the full cost of On-site Facilities (water, wastewate r, drainage, road, etc…) internal to the Water Oak So uth development that are necessary to serve the Land e xc e pt as o therwise agreed to, such as the 2 4” Water Transmission Line and the Bridge over South San Gabrie l River. Impact F ees. The Developer/District will be assessed c urrent water impact fee to address changes in co sts of o pe rating the water systems and will pay a reduced wastewater impact fee in recognition o f the de velopment’s past funding contribution toward the SSGI wastewater interceptor. The existing developme nt agreement has lo cked impact fees in place at $3,324 pe r Service Unit for water and $2,683 per Service Unit for wastewater. Based upon ne gotiations, the impact fees going fo rward will be as follows: Water Impac t Fee. Each building permit will pay full wate r impact fee, presently $6,921; and Wastewater Impact Fee. City to provide up to a $7,6 57 ,60 0 credit for project’s past financial c ontribution to SSGI. This will be in the form o f a lowe r wastewate r impac t fee collected at time of building permits; rather than $4,348 paid with each single-family building permit, the City agrees to fix the wastewater fee at $1,9 55 ($4 ,34 8 - $2,393 for transmission) at time of permit applicatio n. Public safety F i re Stati on Si te. Develo pe r will dedicate to the City a 2.5 acre site along RM 2243 at no cost to the City to o ptimize service delivery and response times as this area develops. In addition, the development will re main o bligated to contribute a Fire SIP fee o f $630 to be colle c ted at time of application of building pe rmit fo r each residential lot and c ommercial lot. School Site The Develo per will provide up to a 1 6 acre site to GISD for an eleme ntary scho ol site. Parkland/Open Space/Regional Trail The Developer/District will pro vide three 3 ac re neighborho od parks based upon the propo sed number of dwelling units and dispe rsed througho ut the de velopment. The Developer/District will contribute $250 ,00 0 to develop e ach park. The parks may be public parks or HOA parks open to the public ; up to tow of the se parks may be HOA Parks, but open to the general public. The developer shall receive credit for the de dication of all or a po rtion of the flo odplain along the river against the estimated 65 acres o f re quired parkland per the UDC standard for 1 acre o f parkland per fifty (50) dwelling units; based upon the estimate 3,2 75 swelling units (single-family and multi-family combined) as shown on the draft P arkside on the River land use plan, this development will be required to provide 65 acres o f parkland. The Developer/Distric t will design, fund, and co nstruct a public trailhe ad and designated parking are a c ontaining at least 20 parking spaces in a lo c atio n that provides access from at least one side of Water Oak P arkway to the regional trail along the river. The Developer/District will design, fund, and co nstruct a 10 fo ot wide regional trail alo ng the South San Gabrie l River consistent with City’s c urrent standards and specifications. A Parkland Improvements Agreement will be an exhibit to the Development Agreement and will pro vide the specifications and processes for the constructio n, deadlines, and approval of the Parkland Improve ments lo c ate d in the public and HOA parks. Council Action (in 2 01 7) Page 50 of 121 While the amendments in 2017 to the co nsent and development agreeme nts were terminated due to no npe rformance by the buyer, the City did o btain six (6) easements, which were necessary for the City to pro tect its long-term interests. The following is a summary of all actions by Council in 2 01 7 co ncerning Water Oak: January 23, 20 17 … Council appro ved a Memorandum of Understanding (MOU) that o utlined certain gene ral paramete rs to aid the parties in (1) negotiating and drafting revisions to the Amended and Restated (A&R) Development Agreeme nt; (2) ne gotiating and drafting re visions to the A&R Consent Agreement, and (3) negotiating and drafting one or more assignment and assumption agreement(s), pursuant to which the rights and obligations of the Original Developer that pertain to Water Oak So uth would be assigned to and assumed by a Buyer. August 2 2, 201 7… Council received an update on negotiations regarding potential amendments to the Water Oak Subdivision consent agreeme nt and deve lo pment agreement, involving the revision to existing and additio n of ne w provisions, and the assignment, allo cation, and distribution the existing and ne w rights and re spo nsibilities among multiple developers separated between Water Oak No rth and Water Oak South. September 26 , 20 17 … City Co uncil held a public hearing and conditionally approved a resolution on a First Amendme nt to the Amended and Restated Consent Agreement and o n a Second Amendment to the Amended and Restated Developme nt Agreement for the Water Oak Subdivision between the City of Georgetown, Lare do Water Oak LTD (“LWO”), ABG Water Oak partne rs, LTD, (“ABG”), WRR interests, LLC, (“WRR”) and Williamson County MUD #2 5. The co nditio ns prec e de nt included, among o thers, a requirement that the LWO and ABG grant six specific easements to the City and that the Buyer entity to be created by WRR clo se on the ac quisitio n of Water Oak So uth no later than 120 days fo llowing the exe c ution of the Agre e ments, which was approximately January 24 , 2018. If the Buye r entity did not close on the property within this period, the Agreements shall automatically te rminate. October 1 0, 2 01 7… City Council accepted six easements from LWO and ABG, including two (2) Utility Access Easement Agreeme nts, a Wastewater Easement, an Access Easement Agreeme nt, and two (2) Roadway, Utility and Drainage Easement Agreements. FINANCIAL IMPACT: City staff is analyzing the fiscal impact of the propo sed develo pment. SUBMITTED BY: Wayne Reed, Assistant City Manager ATTACHMENT S: Description P arkside o n the River Land Use Plan Map Illustrating Boundaries Ap p ro ved MUD Polic y Water Oak South P res entation Page 51 of 121 Page 52 of 121 Water Oak SouthMUD 25 I00.25 0.5Mi ¬«29 RM 2243 Commercial Green/Open High Density Residential Mid-Density Residential Single Family MUD 25 Page 53 of 121 City of Georgetown Municipal Utility District Policy (Approved by City Council July 24, 2018) Page 1 of 7 The City of Georgetown finds that the purpose of a Municipal Utility District (MUD) is to assist in closing the financial gap when a development is seeking to exceed minimum City standards, provide a robust program of amenities, and/or where substantial off-site infrastructure improvements are required that would serve the MUD and surr ounding properties. The following policies are to be used in guiding the consideration and action on requests for creation and operation of all proposed special districts, including amendments. These policies are reinforced in Section 13.10 of the UDC. POLICY 1: Basic Requirements for Creation of MUDs MUDs are an appropriate tool to allow urban level density neighborhoods in locations supported by the 2030 Comprehensive Plan within the city limits. The City may alternatively consider Extraterritorial Jurisdiction (ETJ) MUDs where the City may annex the property in the future. Before consenting to the creation of a district, the City Council should consider whether the creation of the district is feasible, practicable, and necessary for the provision of the proposed services and would be a benefit to the land, and therefore warrants the City’s consent, consistent with the other considerations in this policy. A. The City’s basic requirements for creation of a MUD shall be that: 1. Quality Development. The development meets or exceeds the intent of the development, infrastructure, and design standards of City codes; 2. Extraordinary Benefits. The development provides extraordinary public benefits that advance the vision and goals of the Comprehensive Plan, such as, but not limited to, extension, financial contribution, and/or enhancement of master planned infrastructure, diversity of housing, and enhanced parks, trails, open space, and recreational amenities that are available to the public; 3. Enhance Public Service and Safety. The development enhances public services and optimizes service delivery through its design, dedication of sites, connectivity, and other features. 4. City Exclusive Provider. The development further promotes the City as the exclusive provider of water, sewer, solid waste, and electric utilities; 5. Fiscally Responsible. The development is financially feasible, doesn’t impair the City’s ability to provide municipal services, and would not impose a financial burden on the citizens of Georgetown in the event of annexation; 6. Finance Plan. The developer(s) contributes financially to cover a portion of infrastructure expenses without reimbursement by the MUD or the City and as reflected in conditions placed on the issuance of bonds by the district; 7. Annexation. The development will not impair the City’s future annexation of the MUD or adjacent property or impose costs not mutually agreed upon. Page 54 of 121 City of Georgetown Municipal Utility District Policy (Approved by City Council July 24, 2018) Page 2 of 7 POLICY 2: Provide examples of “unique factors justifying [MUD] creation or amendments" to guide determinations made in the UDC Consistent with past Council actions, require the construction of specific regional infrastructure improvements consistent with the City's comprehensive plan and master plans and that are beneficial to the City. Examples include: a. The acceleration of master planned public infrastructure improvements, including but not limited to, wastewater interceptors, treatment plants, and major transportation improvements, that not only provide a benefit to the developed property, but also to other surrounding properties. b. Conservation subdivision design that clusters development in low impact areas and maintains existing topography, scenic views, natural drainage flows and wildlife habitat. c. Regional trail connections located across the development, as well as off-site, to fill in gaps in the City and County trail system. POLICY 3: Address provision of public services, and address public safety m atters in the Consent Agreement a. Require MUD to provide facilities to enhance public services and optimize locations for service delivery. b. Require donation of land to City or ESD (as applicable) for new fire station or other public safety facility as determined by the City. c. If the City provides fire protection services within the MUD, require payment of Fire SIP fee (or similar fee) to fund fire station construction and operations. d. Require roadway design to enhance access and reduce response times to properties located outside of the MUD. e. If located outside of the City Limits, then the MUD consent agreement may, at the City's discretion, include an interlocal agreement ("ILA") to contract with the City of Georgetown for fire, police, and solid waste services on terms acceptable to the City. f. An ETJ MUD may provide a maintenance program approved by the City's Transportation Department that is consistent with City standards and should include appropriate consultation with the County Engineer. Page 55 of 121 City of Georgetown Municipal Utility District Policy (Approved by City Council July 24, 2018) Page 3 of 7 POLICY 4: Address utility service issues, and include those utility service provisions in the Consent Agreement a. Require all utility facilities that service the MUD to be consistent with the Utilities Master Plan. b. Require of the MUD that the City be the water, sewer and electric service provider where it is located within the city’s single or multiple certificated service area. c. Require the cost to relocate any existing utility infrastructure to be borne by the developer and/or MUD, not the City. d. Limit cost-sharing on MUD off-site improvements to only those circumstances where the necessity for the improvement is so great that limited CIP funds are appropriate for overall system wide improvements that benefit multiple properties (i.e., regional improvements that the City can afford to participate in). e. Address water and wastewater rates. Generally, rates for in-City MUD customers should be the same as the rates for other in-City customers, and the rates for ETJ MUDs customers should be the same as for other out of City customers. f. Require specific water conservation techniques that will be used to minimize demand levels including xeriscaping, low impact development ("LID"), rainwater harvesting, grey water reuse and other strategies in consultation with GUS. g. Require all MUDs and their residents, whether in the City or in the ETJ, to comply with City of Georgetown water conservation and drought contingency plan-related ordinances. h. For all MUDS, require impact fees to be assessed at the time of final plat approval [note: Impact fee payments are eligible for reimbursement by the MUD]. For ETJ MUDS, require payment of impact fees at the time the final plat is approved. For in -City MUDS, require payment of impact fees no later than the time of building permit issuance. However, utility capacity reservation shall not occur until impact fees are paid. i. Address rates, treatment capacity, utility and other easements necessary for City services, capacity for dwelling units, gallons per day usage for water and wastewater, water, wastewater and electric infrastructure, permitting and design, and fiscal surety. Page 56 of 121 City of Georgetown Municipal Utility District Policy (Approved by City Council July 24, 2018) Page 4 of 7 POLICY 5: Specify the amount of debt intended to be issued, the purpose of the debt, and the debt service schedule, and include those financial provisions in the Consent Agreement a. Require a maximum bond issuance amount and schedule, including refunding bonds issued by the district, unless otherwise agreed to by the City, to comply with the following requirements, provided such requirements do not generally render the bonds unmarketable: 1. Maximum maturity of 25 years for any one series of bonds; and 2. The last Bond issuance shall be not later than the date that is ten (10) years after the date of the first Bond issuance. b. Require all City property and land to be exempted from all MUD taxes, assessments, charge, fees and fines of any kind. c. Establish a maximum tax rate of $0.55/$100 of assessed valuation for in-city MUDs and a maximum tax rate of $0.95/$100 of assessed valuation for ETJ MUDs. d. Limit debt issuance to capital infrastructure and related costs, for in-city and ETJ MUDs; on and off-site water and wastewater infrastructure; stormwater infrastructure; roads, bridges, and related transportation infrastructure; and parks, trails, and recreational facilities. e. To the extent possible, debt should be structured to retire nonresidential lands first so they can be annexed, if an ETJ MUD. Where multiple MUDs are established for a large project, nonresidential lands should be included in the first MUD created. f. A table summarizing the overlapping tax rate of all existing taxing entities (city, county, school district, MUD, ESD, etc.) and the proposed MUD tax, demonstrating the total anticipated tax rate over the life of the MUD. POLICY 6: Address future municipal annexation of the MUD, when located in the ETJ a. Allow the City to set rates for water and/or sewer services for land that is in the MUD at the time of annexation that are different from rates charged to other areas of the City consistent with the provisions of Section 54.016(h) of the Water Code to compensate city for assumption of MUD debt. b. This section shall apply to a District created as an ETJ MUD that is annexed into the city limits. At the City's option, a "limited district" may be continued in existence after annexation to maintain amenities or services beyond what the City typically provides for neighborhoods similarly situated. In such cases an ETJ MUD shall enter into a SPA stating conditions on which MUD will be converted to a limited district that will continue to exist following full purpose annexation. Concurrently with the MUD’s confirmation election, the MUD shall hold election on proposition to levy an O&M tax per Section 49.107 of the Water Code to provide funds to operate the limited district following full purpose annexation by the city; the MUD shall have no right to issue bonds until proposition to levy an O&M tax is approved. Page 57 of 121 City of Georgetown Municipal Utility District Policy (Approved by City Council July 24, 2018) Page 5 of 7 POLICY 7: Require development in a MUD to exceed minimum UDC land use and development standards, and address the land use provisions in the Consent Agreement or related agreement a. Require higher development and design standards for residential and nonresidential land uses to promote a superior development. Examples include, but are not limited to: 1. Enhanced architectural standards; such as higher percentages of masonry on exterior walls and variations in floor plans; and 2. Improved materials for signage, such as masonry bases. b. Age restricted developments shall not exceed 10% of the net developable land area and 10% of the total housing units within the MUD. c. Prohibit certain other land uses such as Correctional Facility; Personal Services Restricted as defined the Unified Development Code, Chapter 16, of Title 17 of the Georgetown City Code of Ordinances, and others as determined by City Council. d. Ensure the City will benefit financially from commercial/retail land uses in developments with ETJ MUDs. i. All efforts should be made to exclude commercial/retail land area from an ETJ MUD in favor of full-purpose annexation, or a SPA should be required allowing the City to collect sales taxes from the area. ii. The Strategic Partnership Agreement should provide that the City is entitled to receive up to 100% of the sales taxes collected, and that none of those taxes should be shared with the MUD unless special circumstances exist. iii. City should retain site plan review to current City standards for uses other than one- and two-family residential uses. e. Require a diversity of housing offered within the district that is consistent with the Future Land Use Plan. f. Require public school location(s) to be provided, if desired by the applicable School District. Location(s) of school sites should be in a central, walkable location within a residential neighborhood away from a collector or arterial roadway identified in the Overall Transportation Plan (OTP). g. Require a land use plan to be attached to the Consent Agreement, and require major amendments to a MUD land use plan be reviewed by the Planning & Zoning Commission and approved by the City Council. h. Require all in-City MUDs to submit a Planned Unit Development Application and all ETJ MUDs to submit a Development Agreement Application, concurrent with the development of a consent agreement, to memorialize development stan dards. Page 58 of 121 City of Georgetown Municipal Utility District Policy (Approved by City Council July 24, 2018) Page 6 of 7 POLICY 8: Require development in a MUD to exceed UDC parkland requirements (not just meet UDC standards or less than UDC standards), and address parkland prov isions in the Consent Agreement a. Require a park or series of parks open to the general public within the MUD in the size and location approved by the Parks and Recreation Board. b. Require installation and maintenance of park facilities improvements. c. Require maintenance access to be provided, when needed. d. Require connections to regional trail network and adjacent uses such as schools. e. Require regional trail network to be a minimum of 10 feet in width. f. Require usable trailheads with off-street parking and ADA compliant trails. g. Require financial contributions to regional park facilities such as We stside Park or Garey Park (depending on the location of the MUD). h. Prohibit roads through parkland in a manner that subtracts from net usable park land. i. Require provision of security and maintenance program. j. Require protection and perpetuation of unique features on a particular site that should be maintained as open space whether for environmental, conservation or scenic views. POLICY 9: Address transportation issues and include transportation provisions in the Consent Agreement a. May require completion of a Traffic Impact Analysis (TIA) and construction and/or funding of both on- and off-site improvements identified in the TIA, including roadways identified in the City's Overall Transportation Plan (OTP), pursuant to Section 12.09 of the UDC b. Require dedication of right-of-way, inclusion of bike lanes, sidewalks, and aesthetically- pleasing streetscapes consistent with the OTP and City street design standards. c. Require residential subdivisions to be designed with increased connectivity, reduced cul - de-sacs, short block lengths, additional stub outs to adjacent properties, except where developed as a conservation subdivision pursuant to Chapter 11 of the UDC. d. Require creative stormwater management and water quality solutions to be provided such as low impact development ("LID") to minimize any downstream impacts. Page 59 of 121 City of Georgetown Municipal Utility District Policy (Approved by City Council July 24, 2018) Page 7 of 7 POLICY 10: City Operations Compensation Fee A fee shall be assessed for each residential unit within a district, located within the City’s ETJ, equal to the proportion of City operations attributed to serving residents of the district. The fee shall be calculated as follows: B = Total General Fund budget for the fiscal year in which the consent application is filed. P = The estimated population of the City at the time the consent application is filed. H= The estimated average household size within the City at the time the consent application is filed. D = The percentage of City services used by district residents. This percentage shall be adopte d by the City annually as a part of the City's budget adoption process. Y = Number of years of duration of the district. R = Discount rate. This rate shall be adopted by the City annually as a part of the city's budget adoption process. PV = Present Value. City Operations Compensation Fee = PV(R,Y,-((B /(P /H)) * D)) Example: B = $24,000,000 P = 41,000 H = 2.8 D = 15% Y = 20 R = 6% Fee = 2,819 Miscellaneous Provisions Where not otherwise specifically addressed in this Policy, the procedures in Unified Development Chapter 13 shall prevail. Page 60 of 121 City Manager’s Office Water Oak South Potential Creation of New MUD(s), Annexation, a Chapter 552 Agreement, and Land Use Plan Presented by Wayne Reed, Assistant City Manager September 11, 2018 Page 61 of 121 City Manager’s Office Overview •Purpose of Presentation •Why Are We Negotiating on Water Oak? •Water Oak Concept Plan (approved 2012) •Parkside on the River Land Use Plan (draft) •MUD Policy Basic Requirements •MUD Policy Analysis to Proposal •Next Steps •Feedback and Direction Page 62 of 121 City Manager’s Office Purpose Staff is seeking Council’s feedback and direction on a request for creation of a new Municipal Utility District (MUD) for portion of Water Oak, to negotiate a Chapter 552 agreement to encourage annexation, and a corresponding Land Use Plan. •Does Council support the new MUD under terms presented? •Does Council desire to continue analysis of potential annexation with corresponding 552 Agreement? •Does Council have comments on the proposed Land Use Plan? •Does Council wish staff to contact existing MUD #25 and initiate negotiations to amend existing 2012 Consent and Development Agreements? Page 63 of 121 City Manager’s Office Why Are We Negotiating on Water Oak? •Create new agreements that assign, allocate, and distribute the existing and new rights and responsibilities among the multiple developers, including existing MUD #25 •Laredo Water Oak (LWO) filed for filed for Chapter 11 bankruptcy in June 2016 •Bankruptcy Court foreclosed on Water Oak development in May 2018, effecting 1,147 acres of the 1,354 acre project •Hanna/Magee submitted the successful bid to buy Water Oak South from bank •Hanna/Magee is in its due diligence period •MUD #25 Board has Authorized Attorney to Negotiate Page 64 of 121 City Manager’s Office •Approved in 2012 •1,354 acres 360 acres of open space •3,268 SF Lots (max.) •17.5 acres commercial •2×2.5 acre fire station sites •12 acre school site Water Oak Concept Plan Page 65 of 121 City Manager’s Office Parkside on the River Land Use Plan Acres Water Oak Limits 1,354 Total inside MUD #25 (not to be annexed)544 Potential Annexation 847 MUD #25 Potential Annexation ~820 acresNOTE: All acres are approximate and will change if negotiations proceed and legal descriptions are finalized. MUD #25 Proposed Land Use Plan Page 66 of 121 City Manager’s Office MUD Policy (Approved July 2018) Purpose The City of Georgetown finds that the purpose of a Municipal Utility District (MUD) is to assist in closing the financial gap when a development is seeking to exceed minimum City standards, provide a robust program of amenities, and/or where substantial off-site infrastructure improvements are required that would serve the MUD and surrounding properties. Page 67 of 121 City Manager’s Office MUD Policy: Basic Requirements 1.Quality Development 2.Extraordinary Benefits 3.Enhance Public Service and Safety 4.City Exclusive Provider 5.Fiscally Responsible 6.Finance Plan 7.Annexation Page 68 of 121 City Manager’s Office MUD Policy: Basic Requirements Quality Development Extraordinary Benefits Public Service/Safety Exclusive Provider Fiscally Responsible Finance Plan Annexation Page 69 of 121 City Manager’s Office Quality Development. The development meets or exceeds the intent of the development, infrastructure, and design standards of City codes •Land Development. Developer has agreed to meet/exceed standards in UDC (dated June 1, 2011); Developer will improve tree preservation over current entitlement •Commercial Centers. Developer plans to set aside 31 acres along RM 2243 for future commercial •Residential Standards. Developer has agreed to include design standards for residential development similar to other developments with MUDs •Tree Preservation. Developer has agreed to abide by Tree Preservation standards identical to Hillwood’s PUD standards [not required in current Water Oak Development] •Infrastructure. Developer has agreed to meet the City’s infrastructure standards and will participate in the construction and/or funding of major infrastructure Page 70 of 121 City Manager’s Office Extraordinary Benefits. The development provides extraordinary public benefits that advance the vision and goals of the Comprehensive Plan. •Water Infrastructure. City to fund up to $4.1 Million to construct master planned 24” Water Transmission Line from RM 2243 to Water Oak North. Developer to assist in acceleration of the construction of master planned 24” Water Transmission Line across Water Oak South with City funding a maximum of $3 Million •Roads. Developer/District to design, fund, and construct extension of Water Oak Pkwy (4 lanes) from the Bridge to RM 2243 as well as Major Collector (4 lanes) •Trails . Developer/District to design, fund, and construct regional trail (10’ wide) along South San Gabriel River and Water Oak Parkway •Parks/Open Space. Developer agrees to provide neighborhood parks and preserve more than 300 acres as open space •Traffic Signals. Developer/District to fund, design, and construct two signalized intersections on RM 2243 •Diversity of Housing. Land Use Plan (under development) provides a diversity of housing with range of single-family lots/designs, multi-family, and cluster homesPage 71 of 121 City Manager’s Office Enhance Public Service and Safety. The development enhances public services and optimizes service delivery through its design, dedication of sites, connectivity, and other features. •Fire Station Site. Developer will dedicate a 2.5 acre site along RM 2243 at no cost to the City to optimize service delivery and response times as this area develops. •SIP Fee. Developer agrees to maintain Fire SIP fee of $630 to be collected at time of application of building permit for each residential lot and commercial lot. Page 72 of 121 City Manager’s Office City Exclusive Provider. The development further promotes the City as the exclusive provider of water, sewer, solid waste, and electric utilities. •Exclusive Provider. The City will continue to be the exclusive provider of all services –water, wastewater, and solid waste •On-site Facilities. The Developer/District to cover the full cost of On-site Facilities (water, wastewater, drainage, road, etc…) internal to the Water Oak South development that are necessary to serve the Land except as otherwise agreed to, such as the 24” Water Transmission Line and the Bridge •Impact Fees. The Developer/District will be assessed current water impact fee to address changes in costs of operating the water system ($6,921 vs. $3,324) and will pay a reduced wastewater impact fee ($1,955) in recognition of the development’s past contribution toward the SSGI wastewater interceptor Page 73 of 121 City Manager’s Office •Existing MUD #25 to remain in ETJ (approx. 300 acres in Water Oak South) •In-city MUDs. Developer has agreed to annex ~820 acres with new MUDs: –Maximum Amount of Bonds to be Issued: TBD –Maximum Bond Maturity: 30 years [MUD Policy guide is 25 years] –Bond Issuance Period: 15 years [MUD Policy guide is 10 years] –Refunding Bonds: Not later than 15th anniversary of date of issuance –Reimbursement Agmt .: 15 years from Effective Date –District Only Tax Rate (Maximum):$0.65/$100 in Assessed Value •City staff recommends not collecting a Master Development Fee from any In- City MUD and to not collect it for any portion of MUD #25 under ownership of the Developer and located in Water Oak South Finance Plan. The developer(s) contributes financially to cover a portion of infrastructure expenses without reimbursement by the MUD or the City and as reflected in conditions placed on the issuance of bonds by the district. Page 74 of 121 City Manager’s Office Finance Plan. The developer(s) contributes financially to cover a portion of infrastructure expenses without reimbursement by the MUD or the City and as reflected in conditions placed on the issuance of bonds by the district. •Chapter 552 Agreement. City staff supports a Chapter 552 Agreement between the City and one or more In-city MUD to establish reimbursement ranging from $0.15 to $0.20 per $100.00 of taxable assessed value payable from collections of the City's ad valorem taxes attributable to Water Oak South ranging from $25 to $32.5 Million (the “Maximum Reimbursement Amount") •Eligible Public Improvements. These will include Water Oak Parkway, major collector road, transportation Improvements on RM 2243, and regional trails Page 75 of 121 City Manager’s Office Fiscally Responsible. The development is financially feasible, doesn’t impair the City’s ability to provide municipal services, and would not impose a financial burden on the citizens of Georgetown in the event of annexation. •The Bridge. City staff recommends the City assume responsibility for the design, funding, and construction of this regional transportation infrastructure. The estimated cost is between $5 and $6 million. This bridge will be the only crossing of the South San Gabriel River between the Southwest Bypass and Ronald Reagan Boulevard •24” Water Transmission Line. Given the passage of a decade since the City’s approval of the original Water Oak Agreements in 2006, the City’s water system needs this master planned line constructed within the next one to two years. City staff recommends the City assume the responsibility for the design, funding, and construction of this regional water transmission line Page 76 of 121 City Manager’s Office Annexation. The development will not impair the City’s future annexation of the MUD or adjacent property or impose costs not mutually agreed upon. •Developer has agreed to annex land not presently inside MUD #25 Land Uses Water Oak South Land Use Plan (per approved Land Use Plan from 2012) Parkside on the River (Entire 1,147 acres) Parkside on the River (Roughly 847 acres, which would be annexed) Acres 1,060 1,147 847 Single-family (max.)2,720 2,025 1,324 Multi-family and cluster homes (est.) 0 MF = 600 (20 DU/AC) Cluster = 650 (14 DU/AC) Cluster = 650 (14 DU/AC) Commercial (acres)5.5 31 11 Open Space (acres)280 315 Portion School Site (acres)12 16 16 Fire Station (#)1 1 Not includedPage 77 of 121 City Manager’s Office Next Steps •Should Council direct staff to continue negotiations, the next steps would include: –Developer to complete Financial Pro Forma –City to complete Fiscal Impact Model –Initiate negotiations with MUD #25 Page 78 of 121 City Manager’s Office Feedback and Direction Staff is seeking Council’s feedback and direction on a request for creation of a new Municipal Utility District (MUD) for portion of Water Oak, to negotiate a Chapter 552 agreement to encourage annexation, and a corresponding Land Use Plan. •Does Council support the new MUD under terms presented? •Does Council desire to continue analysis of potential annexation with corresponding 552 Agreement? •Does Council have comments on the proposed Land Use Plan? •Does Council wish staff to contact existing MUD #25 and initiate negotiations to amend existing 2012 Consent and Development Agreements? Page 79 of 121 City of Georgetown, Texas City Council Workshop September 11, 2018 SUBJECT: P resentation update and discussion on Downtown We st Co nstruction and Other Co ntrac ted Services, including Audio/Visual, Furniture, Fixed Seating, Security and Data Cabling -- Eric Johnson, CIP Manager ITEM SUMMARY: This is an update regarding the Downtown West Civic Center project. Specifically, Co uncil will be given an update on the progress of Constructio n for the renovation of the 1 98 7 Library and the Georgetown Co mmunication and Technology (GCAT) buildings. In addition, staff wo uld like to present the bids fo r Audio /Visual, Furniture, Fixed Se ating, Security and Data Cabling fo r the Downtown We st P roject. FINANCIAL IMPACT: The contract with the architect, The Lawrence Group was appro ve on June 9, 2015. The contract with the construction manager, Balfour Be atty, was approved on April 12 , 20 16 . The Guaranteed Maximum P rice was approved November 1 4, 2017. The budge t fo r Audio /Visual, Furniture, Fixed Seating, Security and Data Cabling have been included in the ove rall project budget. SUBMITTED BY: RLD for Eric Jo hnso n ATTACHMENT S: Description Do wntown Wes t Up d ate Page 80 of 121 September 11, 2018 Downtown West Construction Update/ Other Contracted Services Page 81 of 121 City of Georgetown City Hall Page 82 of 121 City Hall City of GeorgetownPage 83 of 121 City of Georgetown City Council Chambers Page 84 of 121 Council and Court Building City of GeorgetownPage 85 of 121 Other Contracted Services •Audio/Visual •Furniture •Fixed Seating •Security •Data Cabling City of GeorgetownPage 86 of 121 Audio/Visual •City Hall –$203,900 •Council and Court Building –$302,812 •Total –$506,712 City of GeorgetownPage 87 of 121 Furniture City of GeorgetownPage 88 of 121 Furniture •City Hall & Council and Court Building –$610,023 City of GeorgetownPage 89 of 121 Fixed Seating •Council and Court Building –$85,127 City of GeorgetownPage 90 of 121 Security •City Hall –$89,304 •Council and Court Building –$126,570 •Total –$215,910 City of GeorgetownPage 91 of 121 Data Cabling •City Hall –$49,800 •Council and Court Building –$49,683 City of GeorgetownPage 92 of 121 Summary City of Georgetown CONTRACT CITY HALL COUNCIL AND COURT TOTAL Audio/Visual $203,900 $302,812 $506,712 Furniture $610,023 Fixed Seating $85,127 $85,127 Security $89,340 $126,570 $215,910 Data Cabling $49,800 $49,683 •Overall outside contracts are within budget Page 93 of 121 Next Steps •Items on Consent Agenda (Tonight) •Council Tour –Tentative -November 13 @ 3:00pm •Complete Construction –December 2018 –On time and On Budget •Move in –January 2019 •Grand Opening –Early 2019 City of GeorgetownPage 94 of 121 City of Georgetown, Texas City Council Workshop September 11, 2018 SUBJECT: P resentation and discussio n concerning ethics -- Jac k Daly, Assistant to the City Manager and Skye Masson, Assistant City Attorney ITEM SUMMARY: At the Octo ber 24 meeting, the City Counc il took actio n to amend the City's Ethics Ordinance. The Council also appointed the members of the standing Ethics Commission to an Ethics Ad Hoc Committee, tasked with reviewing the City's Ethics Ordinance and making recommendations to the City Council for amendme nts to the ordinanc e . The Council asked the Ethics Ad Hoc Committee to make reco mmendations fo r a new ordinance. Those recommendations were presented to Council o n June 12. At the June 12 meeting, City Council directed staff to return with an analysis that compared current state law with the proposed ethic s o rdinance. Staff is seeking directio n on each of the following topic s to include in a new ordinance: • Gifts • Conflicts of Inte re st (Financial Interest and Econo mic Interest) • Disclosure Require ments • Definition of Family • Ethics Commission • Sanctions • General Conduct This workshop is a co ntinuation of the workshop item from Aug. 14. FINANCIAL IMPACT: N/A SUBMITTED BY: Jack Daly ATTACHMENT S: Description Ethics Presentation 09.11.2018 Page 95 of 121 Ethics Workshop Sept. 11, 2018 Page 96 of 121 Agenda •Background •State statute vs. local ordinance •Direction/Discussion Page 97 of 121 Background •Oct. 24 –Voted to overhaul ethics ordinance •June 12 –Reviewed recommendations from ad hoc committee •Staff committed to return with a review of ethics ordinance by topic and compare to state law Page 98 of 121 Topics Gifts Conflicts of Interest –Financial Interest –Economic Interest Disclosure Requirements Definition of Family Ethics Commission •Sanctions •General Conduct Page 99 of 121 Feedback from Aug. 14 •Gifts –Consensus to reflect state law regarding –Considering additional reporting requirements for travel and lodging in excess of $2,000 Page 100 of 121 Feedback from Aug. 14 •Conflicts of Interest –Use “financial interest” as opposed to “economic interest” –Exceed state threshold •$5,000 or 5%, whichever is less –Disclose “personal interest in real property” –Clarify “good faith” offers of employment –Disclose all investment •Exceptions for mutual funds, trusts, etc. Page 101 of 121 Feedback from Aug. 28 •Removed “business negotiations” •Resolve quorum issue with multiple conflicts •Family –Define family members by name •First degree (parents, spouse, children) –Include domestic partners, roommates, tenants –Relatives from current and past marriages Page 102 of 121 Feedback from Aug. 28 •Ethics Commission –Regular review of ordinance –Review and investigate complaints –Recommend sanctions •Sanctions –Letter of notification –Reprimand –Recommend removal •Board or Commission •Appointed employeePage 103 of 121 Sanctions •Finding of a violation by Council –Recommend recall •City Council accepts the finding Page 104 of 121 General Conduct •Standards of conduct –Some covered by state law –Generally, don’t use position for personal or professional gain •Other items to include? –Governance Policy –Role of Council/Rules of Engagement Page 105 of 121 General Conduct •State Law –Things to not do for personal gain •Disclose confidential info •Use City property –Don’t act as surety for a business before Council –Acquire an interest in a matter that will be affected by upcoming Council action •Council Direction –Do not •Appear before Council and represent their personal interest •Imply ability to influence City action •Represent the City in litigation •Induce others to violate the Code of Ethics –Can represent themselves for items related to their homestead Page 106 of 121 Questions? Page 107 of 121 Backup Slides Page 108 of 121 Gifts Gifts are a benefit from a person or entity you know is getting something from the City or is interested in getting something from the City (purchase, contract, zoning, etc.) Exceptions include: Gifts from people with personal, professional, or business relationship independent of official status Page 109 of 121 Gifts •State Law –Penal code •Class A misdemeanor •Items more than $50 •Some exemptions for –Transportation –Lodging –Conference •May requires reporting •Council Direction –Differing opinions on gift amount •$25 vs $50 –Discussion regarding exemptions for •Transportation •Lodging •Conferences Page 110 of 121 Conflicts of Interest •You should not be voting or making decisions that benefit you in your personal or professional life •Distinguishing what a personal or professional benefit is can be tough Page 111 of 121 Conflicts of Interest •State Law –Chap. 171 •Financial Interests –Chap 176 •Disclosure Requirement •Council Direction –Council members are real life people interacting in the community –Ambiguous definitions are hard to understand and enforce Page 112 of 121 Financial Interest •State Law –Chap 171 –Business entity interest •10% or more of voting stock or shares •10% or $15K+ of business entity •Proceeds exceed 10% gross income –Substantial interest in real property •Interest is $2,500 or greater –Related by first degree •Council Direction –Historically mirrored state law –Thresholds included in ethics ordinance Page 113 of 121 Economic Interest •Local regulation above state law •There are some things that could be perceived as a conflict that are not necessarily tied to money or fall outside the State’s thresholds Page 114 of 121 Economic Interest •State Law –Not in statute •Council Direction –Too broad to include all “negotiations pertaining to business opportunities” –Tough to enforce “reasonable person” standard Page 115 of 121 Economic Interest Examples •Interest in property –Contractual interest •Involvement in business –Offers of employment –Any investment in business before Council •Less than State’s thresholds –Amend language related to “business negotiations” •Family involved –State law only speaks to first degree Page 116 of 121 Business Negotiations •“Business negotiations” is vague •Removed by ad hoc committee •Comfortable with removing? Page 117 of 121 Disclosure Requirements •Council Direction –Exceed state law if Council adopts economic interest standard –If quorum issues arise, disclose conflicts, but then vote •Cannot waive state law requirements Page 118 of 121 Definition of Family •State Law –First Degree •Parent, Child, Spouse, Spouse’s parent or child •Council Direction –Define family member by name –Include domestic partners –Relatives from current and past marriages •Step daughter-in-law Page 119 of 121 Ethics Commission •State Law –Not in state statute •Council Direction –General consensus on having commission –Role •Regular review of ordinance •Review and investigate complaints •Recommend sanctions Page 120 of 121 City of Georgetown, Texas City Council Workshop September 11, 2018 SUBJECT: Sec. 551.071: Consul tati on w i th Attorney Advice from attorney abo ut pending or co ntemplated litigation and o ther matters on which the attorney has a duty to advise the City Council, including agenda items - Hoskins-Brown Update - 3701 West Highway 2 9 Sec. 551:072: De l i berati o n of Real P roperty - P urchase-Parc e l 1 0, No rthwest Blvd Sec. 551:074: Personnel Matters City Manager, City Attorney, City Secretary and Municipal Judge: Consideration of the appointment, employme nt, evaluation, reassignment, duties, discipline, or dismissal - City Manager Work Plan ITEM SUMMARY: FINANCIAL IMPACT: NA SUBMITTED BY: Page 121 of 121