MINUTES OF REGULAR MEETING February 24, 2016 SHENANDOAH CITY COUNCIL 1. CALLTOORDER The meeting was called to order by Mayor Watts at 7: 00 p. m. 2. CALL OF ROLL Councilmembers present, Mr. Michael McLeod, Mr. Gary Henson, Mr. John Houston, Ms. Jean Teague and Mr. Darrell Frazier. Also present were City Administrator Greg Smith, City Secretary Kathie Reyer, Chief of Police John Chancellor, Finance Director Jennifer Calvert, Capital Projects Director Kenny Eickelberg, Public Works Director Joseph Peart and City Attorney William C. Ferebee. 3. PLEDGE OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND TEXAS 4. INVOCATION Councilmember Henson gave the invocation. 5. CITIZENS FORUM Responses to inquiries are limited by state law to a recitation of existing policy or a statement of specific factual information given in response to the inquiry. Any deliberation or decision by Council shall be limited to a proposal to place the subject on the agenda of a future meeting. Mayor Watts stated for the record that there were no citizens wishing to speak. INDIVIDUAL CONSIDERATION 6. Badge _pinning ceremonyfor Sergeant Jake Reuvers. Chief Chancellor announced that Officer Jake Reuvers has been promoted to Sergeant. He said Sergeant Reuvers' wife, Laura would pin the new badge. Council congratulated Sergeant Reuvers.
7. Appeal hearing for denial of wrecker operator license application. Chief Chancellor advised that Mr. Hicks submitted an application for a wrecker license and it was denied. He said the applicant did not provide complete information about his history related to misdemeanor convictions, as specifically required on the application. He said the applicant did list a felony conviction for assault of a family member, which is a crime of moral turpitude, and resulted in denial of the application. Mayor Watts invited Mr. Hicks to provide any comments. Mr. Hicks said he had a wrecker license in Shenandoah in the past, and the application asked for any felony convictions within the last 10 years, and his occurred 13 years ago. He said he listed his most recent charge, which was reduced to a misdemeanor, so he did not think the felonies applied. He said it was a misunderstanding and all he is trying to do is provide for his family. He said he carries a Montgomery County ID and a license with the state. He said he did not intentionally lie and attached a criminal history to the application. 8. Consideration and possible action to sustain or reverse the decision to deny the wrecker operator license. Mayor Watts asked Mr. Ferebee to provide any input. Mr. Ferebee referred to the ordinance and said the Chief may deny an application for certain reasons. He said the reason that we are focused on tonight is number 8, which states that the applicant or licensee has been convicted of a felony within the last three years, then placed on probation, or has committed a crime of moral turpitude within the last ten years. He said under the State of Texas, assault on a family member is a crime of moral turpitude, whether it' s a misdemeanor or a felony. He said Chief Chancellor chose to deny the application based on that. He said the applicant is now in front of City Council appealing denial of the application. He said if Council chooses to oppose the request, they would uphold the findings of Chief Chancellor. He said if you choose to grant the license, then you would move to grant the license and grant his appeal. Councilmember Houston asked if there is a time Page- 2-
frame in which this decision must be accomplished. Mr. Ferebee replied that it is five days from the date of the appeal. Councilmember McLeod asked if there is a date when they could reapply. Chief Chancellor replied that the applicant may reapply in six months. COUNCILMEMBER MCLEOD MOVED TO UPHOLD THE DECISION OF CHIEF CHANCELLOR TO DENY THE WRECKER LICENSE. COUNCILMEMBER HOUSTON SECONDED, THE MOTION CARRIED UNANIMOUSLY. 9. Discussion and possible action to approve a Proclamation designating Arbor Day in the City of Shenandoah. COUNCILMEMBER FRAZIER MOVED TO APPROVE A PROCLAMATION DESIGNATING ARBOR DAY IN THE CITY OF SHENANDOAH. COUNCILMEMBER HENSON SECONDED, THE MOTION CARRIED UNANIMOUSLY. 10. Presentation of a final report regarding the proposed special exception for Lot 189 Block 15 of Shenandoah Valley, Section Four ( IV), a subdivision situated in the Wm McDermott Survey A- 389, of Montgomery County, Texas. Mr. Smith advised that this is a remodel at 747 Saddlewood Circle. He said under the IDC, a special exception can be considered when related to residential setbacks. He said we received two inquiries from neighboring homeowners, but neither had opposition. He said the residents are planning to attach their garage and add a second floor. He said the second story windows are facing into their property and not into the neighboring property. He said staff recommends approval of the special exception. He said as Shenandoah Valley redevelops, he expects to see more of these requests. 11. Public hearing regarding the proposed special exception for Lot 189, Block 15 of Shenandoah Valley, Section Four ( IV), a subdivision situated in the Wm. McDermott Survey A- 389 of Montgomery County, Texas. Page- 3-
Mayor Watts opened the public hearing at 7: 15pm. Councilmember Frazier asked if the applicant was before Council since they are enclosing an existing structure. Mr. Smith replied that is correct; the exception is due to requirements after the main house is built. Councilmember McLeod asked what they are adding in terms of square footage. Dan Scotty, the homeowner, replied that they currently have about 1, 700 existing square footage and the enclosure will add about 800 square feet. There being no more citizens wishing to speak, Mayor Watts closed the public hearing at 7: 18pm. 12. Discussion and possible action to approve or deny a proposed special exception for Lot 189, Block 15 of Shenandoah Valley, Section Four ( IV), a subdivision situated in the Wm. McDermott Survey A- 389, of Montgomery County, Texas. COUNCILMEMBER TEAGUE MOVED TO APPROVE A PROPOSED SPECIAL EXCEPTION FOR LOT 189, BLOCK 15 OF SHENANDOAH VALLEY, SECTION FOUR ( IV), A SUBDIVISION SITUATED IN THE WM. MCDERMOTT SURVEY, A- 389, OF MONTGOMERY COUNTY, TEXAS. COUNCILMEMBER FRAZIER SECONDED, THE MOTION CARRIED UNANIMOUSLY. Mayor Watts stated for the record that items 14 and 15 would be taken next. 13. Discussion and possible action to approve payment in lieu of taxes with Biometrix Holding LLC and Six Pines at Research Plaza 2, LLC. COUNCILMEMBER HOUSTON MOVED TO APPROVE PAYMENT IN LIEU OF TAXES WITH BIOMETRIX HOLDING, LLC AND SIX PINES AT RESEARCH PLAZA 2, LLC. COUNCILMEMBER HENSON SECONDED, THE MOTION CARRIED WITH ONE NAY BY COUNCILMEMBER MCLEOD. Councilmember McLeod said he was real concerned that we are looking at circumventing the primary purpose of zoning. He said he wonders if the idea of exchanging money this way for a reduction in development requirements is really the best way to encourage development. He said it raises questions about use of the property years down the road. He said he is a little concerned Page - 4 -
that we came up with the IDC because we said we want specific types of development indifferent regions. He said now we are making exceptions and not having public hearings about it. He said we are moving on with a developer' s agreement to basically pay cash to override zoning. Councilmember Teague said she doesn' t recall these comments being made previously. Mr. Smith said this is not bypassing the zoning ordinances. He said Biometrix will be collecting sales tax and there is the potential that this developer' s agreement is not relevant. He said the reason we are doing this is the state dictates what is taxable and what is not. He said this is protecting the City today and in the future where we make sure this is taxable. He said they meet the intent of the retail/ commercial area. He said the agreement goes with future renters of the space as well. Mayor Watts said we' ve been discussing retail on the ground floor in certain areas of the City for years in order to maintain revenue where we have medical services that are non- taxable. Councilmember Houston said he appreciates Councilmember McLeod' s concerns. 14. Discussion and possible action to approve a developer' s agreement with Global Shenandoah. COUNCILMEMBER FRAZIER MOVED TO APPROVE A DEVELOPER' S AGREEMENT WITH GLOBAL SHENANDOAH. COUNCILMEMBER HOUSTON SECONDED, THE MOTION CARRIED UNANIMOUSLY. Mr. Smith advised that the agreement has changed slightly due to one of the companies changing their name. Councilmember McLeod asked if we can modify the code to clarify for future developers what it takes to waive vegetation requirements. Mr. Smith said we can discuss it in a future workshop. Mayor Watts stated for the record that Council would adjourn into Executive Session at 7: 29pm. Mayor Watts reconvened the regular meeting at 7: 50pm and stated that no action was taken in the executive session. Page - 5 -
15. Discussion and possible action to approve revisions to Chapter 90 of the Sign Ordinance. COUNCILMEMBER MCLEOD MOVED TO APPROVE REVISIONS TO CHAPTER 90 OF THE SIGN ORDINANCE. COUNCILMEMBER HOUSTON SECONDED, THE MOTION CARRIED UNANIMOUSLY. Councilmember Frazier thanked Ms. Smallwood for her work on this item. 16. Discussion and possible action to approve a developer' s agreement with CenterPoint Energy for a vegetation barrier buy-out. COUNCILMEMBER FRAZIER MOVED TO APPROVE A DEVELOPER' S AGREEMENT WITH CENTERPOINT ENERGY FOR A VEGETATION BARRIER BUY- OUT. COUNCILMEMBER HOUSTON SECONDED, THE MOTION CARRIED UNANIMOUSLY. Councilmember McLeod asked if they can match the stonework to the entries. Mr. Smith replied that they will. He said they are exceeding the ordinance requirements for masonry exterior. Mayor Watts asked if we can require black gates. Mr. Smith replied that we can. He said the masonry will be covered with hedges orvines. He said staff visited another facility of this type and barring a major failure, there will be no noise coming out of this location. Councilmember McLeod asked if there is anything that says they have to build it this way or meet the requirements. Mr. Smith replied that they will not be issued a permit by the City until they meet the requirements. 17. Discussion and possible action to extend the depository agreement with Wells Fargo. COUNCILMEMBER TEAGUE MOVED TO EXTEND THE DEPOSITORY AGREEMENT WITH WELLS FARGO. COUNCILMEMBER HENSON SECONDED, THE MOTION CARRIED UNANIMOUSLY. 18. Discussion and possible action to approve the closure of a Chase Bank checking account. COUNCILMEMBER FRAZIER MOVED TO APPROVE THE CLOSURE OF A CHASE BANK CHECKING ACCOUNT. COUNCILMEMBER TEAGUE SECONDED, THE MOTION CARRIED UNANIMOUSLY. Page - 6 -
19. Discussion and possible action to approve the purchase of a mini -excavator for the Public Works department. COUNCILMEMBER HOUSTON MOVED TO APPROVE THE PURCHASE OF A MINI -EXCAVATOR AS PRESENTED FOR THE PUBLIC WORKS DEPARTMENT. COUNCILMEMBER TEAGUE SECONDED, THE MOTION CARRIED UNANIMOUSLY. Councilmember McLeod asked if this item is in the equipment replacement cycle. Mr. Smith replied that the new one will be. He said we are catching up with the new program. 20. Discussion and possible action to adopt the following Resolution: A RESOLUTION SUPPORTING THE MONTGOMERY COUNTY THOROUGHFARE PLAN. COUNCILMEMBER HENSON MOVED TO ADOPT A RESOLUTION SUPPORTING THE MONTGOMERY COUNTY THOROUGHFARE PLAN. COUNCILMEMBER FRAZIER SECONDED, THE MOTION CARRIED UNANIMOUSLY. 21. Ratify the accounts payable for the month of January 2016. COUNCILMEMBER FRAZIER MOVED TO RATIFY THE ACCOUNTS PAYABLE FOR THE MONTH OF JANUARY 2016. COUNCILMEMBER HOUSTON SECONDED, THE MOTION CARRIED UNANIMOUSLY. 22. City Administrator' s Report Finance YTD Financial Report and Activities; Police Patrol Division and Special Services Activities;_ Public Works Water/ Sewer System, General Maintenance Activities, Swimming Pool Report and Capital Projects Update; Capital Projects and Infrastructure Project updates Building Department Building Permits, Construction Activity Convention and Visitors Bureau Monthly Activity Report; Social Media Monthly Activity Report; and The Woodlands Fire Department Monthly Activity Report. Mr. Smith reminded Council that the park grand re -opening and Easter Egg Hunt will be on March 19 at the park. He said we've had a couple of meetings with the City of Bellevue and three engineering Page- 7-
firms for consulting on fiber to the home. He said we are working on a draft of the RFQ. He said the tennis courts are being resurfaced and may be closed for the weekend. He said construction on the Toddler Park starts next week and rain is in the forecast. 23. Council' s Inquiry Pursuant to Texas Government Code Sect. 551. 042, the Mayor and Council Members may inquire about a subject not specifically listed on this Agenda. Responses are limited to a recitation of existing policy or a statement of specific factual information given in response to the inquiry. Any deliberation or decision shall be limited to a proposal to place the subject on the agenda of a future meeting. Councilmember Frazier asked about the recent power outage. Mr. Smith replied that it was frustrating for the residents, but Entergy did a fabulous job in getting it back on. He said we had a clear response from them about what happened and why by noon the following day. He said it was totally a team effort. He said it affected Portofino for a while and police were helping with any traffic issues, among others. He said it went as well as it could have, and the police did a great job of getting it out on social media. Mayor Watts asked if there' s any way this can be prevented from happening again. Councilmember Houston replied that over time, equipment fails and it can' t always be anticipated or prevented. Councilmember Henson said he was glad the solar lights worked. Councilmember McLeod asked Ms. Calvert for clarification on some of the bank balances. He then asked about capital projects and whether Water Plant 4 had gone to bid yet. Mr. Smith replied that we have run into wetlands issues. He said we have preliminary plans for the pathways and should be close to bidding next month. He said we are developing a much better and more detailed tracking process for capital projects, which will be presented to Council soon. Councilmember Teague asked about the status of the Vision Park entry project. Mr. Smith replied that the bid documents will be ready on March 15. He said it also falls under the Vision Page - 8 -
Park PDD, and their architectural control committee must approve the sign. He said it has been submitted to them and we are addressing a few questions that they had. Councilmember Teague said there are broken curbs on Vision Park, and she also noticed some on Pinecroft and Six Pines. Mr. Smith said we typically repair all curbs during the summer months as one project. Mr. Peart added that the contractor wants a minimum of 200 linear feet. He said if you go below that, they do a lot less work for the same money. Councilmember Teague said she wanted to thank the Mayor for his email as promised, but she was expecting a monthly report along with the others that are provided to Council. She said it may have been her misunderstanding. Councilmember Frazier said we may need to discuss it in a workshop. Mr. Jensen, the City Attorney, said it would need to be added to a future agenda for discussion. Council agreed to place it on the next agenda for discussion. Councilmember Frazier asked about the status of the wireless meter reading. Mr. Smith replied that we are working through the process. He said it' s a little largerthan originally thought. He said we should have bid specifications in the next 90 days. Councilmember Frazier asked for a description of the intended purpose of the CTY alert system. Mr. Smith replied that it is an electronic community outreach program. He said it replaced Code Red, which we used in the past. He said the City' s intention has been to use the system primarily for emergency calls, and then we started using it for special event notifications as well. He said we' ve used it more for emails to notify residents of meetings. Councilmember Frazier said per the report, every time we use it to send out meeting notices, we lose a percentage of people who opt out. He said his concern is if the intended purpose is for safety, then we are losing residents who would not receive notices in an emergency. Councilmember Teague said she would like to discuss it too. Mr. Smith said it will be on the next meeting agenda. Councilmember Henson asked about repairs to the Vision Park roundabout. Mr. Smith replied that it is still under design and we should be ready to go out to bid in about 15 days. Page - 9 -
Councilmember Henson asked if the road will be closed during repairs. Mr. Smith replied that we are looking at two plans and will let Council decide. He said one involves placing concrete barriers to allow passage of cars or small trucks only. He said the other option would be to close the road for a period of time. Councilmember Henson said he noticed that Vision Park becomes a speedway from 1-45 to the roundabout at certain times of day. Mr. Smith said there is a stop sign at Pineforest between 1-45 and the open stretch. He said the police will keep an eye on it. EXECUTIVE SESSION Public notice is given that the City Council may elect to go into Executive Session at any time during the meeting in order to discuss any matters listed on the Agenda when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, to receive advice from legal counsel, to discuss matters of land acquisition, personnel matters or other lawful matters that are specifically related to items listed on this Agenda. Prior to any such closed session, the Mayor, in open session, will identify the agenda item to be discussed and the Section or Sections of Chapter 551 under which the closed discussion is authorized. Executive Session According to the Texas Open Meetings Act, Chapter 551 of the Texas Government Code as follows: i) Government Code 551.071. Consultation with Attorney; Attorney Client Privilege; a) Consideration and if determined appropriate, take action resulting from the item( s) listed under Executive Session. Mayor Watts reconvened the public meeting at 8: 45pm and stated for the record that no action was taken in executive session. ADJOURN There being no further business, Mayor Watts called the meeting adjourned at 8: 23pm. SUBMITTED BY: r, City Secretary I tr City Council Meeting Page - 10 -