City Council

CITY OF CASTROVILLE CITY COUNCIL REGULAR COUNCIL MEETING 1209 Fiorella City Council Chambers August 8, 2017 Tuesday 6:00 P.M. MINUTES I. CALL TO ORDER The meeting was called to order at 6:00 p.m. by Mayor Tim Kelley. II. ROLL CALL Present: Mayor Tim Kelley Marie Gelles, City Administrator Mayor Pro Tem Eric Cherry Debra Howe, City Secretary Councilmember Phyllis Santleben Larry Heinrich, Public Works Director Councilmember Paul Carey Chris Filline, Police Chief Jeri Rainey-Hinojosa, Finance Director Nina Nixon-Mendez, Community Development Director Claudia Mora, Airport Mgr. /Economic Development Director Absent: Councilmember Phil King Councilmember Vic Ortiz III. PLEDGE OF ALLEGIANCE IV. INVOCATION Wayne Rodgers, a member of the community gave the invocation. V. CONSENT AGENDA A. Minutes for July 25, 2017 Regular Called Council Meeting. B. Approval of second extension of Financial Advisory Agreement with M.E. Allison & Co. for Capital Financing through the Texas Water Development Board. A motion was made by Councilmember Carey and duly seconded by Mayor Pro Tem Cherry to approve the consent agenda. A vote was taken (3:0 all ayes) the motion carried by all present. VI. CITIZEN COMMENTS Wayne Rodgers, owner of Wayne Rodgers Construction, Excavating, and Paving, spoke on the agenda item related to design of paving in cul-de-sac’s and intersections. Mr. Rodgers said he was not sure if requiring the concrete was the way Castroville wanted to go. Council Meeting Minutes, August 8, 2017 Page 2 (Cont) He understood it was long lasting but it would be costly to the developer upfront and the city when repairs were necessary. Mr. Rodgers said the city should have in place a paving design plan to last at least 20-25 years and hire a Geo Engineer to do the plan. He felt with good base and design asphalt could work with less cost to developer and the city to maintain. Phillip Tschirhart, 106 Harvest Moon, spoke to the city council on the issues on Hahn’s Street. Mr. Tschirhart felt with the poor condition of the road he was hesitant to move forward with building a new home on property located on that street. Mr. Tschirhart said the recent heavy rains had eroded the road even more and very little pavement was left. He requested staff let him know if the street was slated to have repairs done in the next budget year. Terry Beck, 104 Harvest Moon, spoke on recently passed ordinances related to parking and tree preservation. Mr. Beck said he did not see a problem with either in Castroville and felt if there were concerns the staff should speak with property owners. Mr. Beck also felt the current ordinances were not being enforced properly and new ones would be a waste of time and money if not enforced. Tim Hardt, 806 London, said as a real estate agent the ordinance on requiring concrete paving in cul-de-sac would cause developers to stay away from the area. He said in researching the Cities of San Antonio, Austin, Houston nor Dallas required concrete. He felt with proper engineering and construction asphalt streets would hold up and urged the council to consider changing the ordinance. Richard Crane, 415 FM 471 North, said he did not want an ordinance that required him to pave his gravel drive way with asphalt. Mayor Kelley read the heading of the Executive Session and recessed the meeting at 6:17 p.m. VII. Executive Session Competitive Utility Matters. Pursuant to Section 551.086, Texas Government Code, the City Council, as the governing body of a public power utility, will meet in closed session to discuss competitive matters, including: bidding and pricing for purchased power; purchased power agreements; electric power pricing information; and plans, studies and proposals for system improvements. Opened: 6:21 p.m. Closed: 6:42 p.m. VIII. Reconvene in open session. Mayor Kelley reconvened in to open session at 6:44 p.m. No Action was taken in Executive Session. IX. Consider possible action resulting from items posted and legally discussed in Executive Session. No Action. Council Meeting Minutes, August 8, 2017 Page 3 X. Public Hearing on an amendment to the Comprehensive Zoning Ordinance, specifically amending the Table of Contents; amending Article 1. General Provisions, Section 7: Special Definitions Noted and Related to “Use Regulations” by adding definitions; repealing Section 13: Screening Regulations; and replacing with Section 13: Buffer Yards and Landscaping, and adding Appendix A, entitled Table 1 Xeriscape Landscape Plantings. Opened: 6:46 p.m. Polly Edlund, 209 River Bluff, said she had family members who owned property next to Bill Miller’s and hoped their property would be grandfathered or have some concessions when developing in the future. Closed: 6:47 p.m. XI. Consider and appropriate action on approving a contract with Armstrong, Vaughan & Associates, P.C. for Professional Auditing Services. (Jeri Rainey-Hinojosa, Finance Director) Finance Director Jeri Rainey-Hinojosa briefed the city council on receiving two proposals to conduct the City Audit. Ms. Rainey-Hinojosa said both firms had excellent reputation but Armstrong, Vaughan & Associates had been scored the highest. Ms. Rainey-Hinojosa said staff’s recommendation was to contract with Armstrong, Vaughan, and Associates. A motion was made by Mayor Pro Tem Cherry and duly seconded by Councilmember Santleben to approve a contract with Armstrong, Vaughan, & Associates, P.C. for Professional Auditing Services. A vote was taken (3:0 all ayes) the motion carried by all present. XII. Presentation on FY 2017-2018 Annual Operating and Capital Budget. (Jeri Rainey - Hinojosa, Finance Director) Finance Director Jeri Rainey-Hinojosa provided the council will the proposed FY 2018 Budget and reviewed the General, Utility, Other Utility, and Airport. Also briefly discussed were Special Revenue and Debt Service Funds, Capital Projects, Five Year Capital Improvement Plan, Comprehensive Fees, Enhancements, and the Pay Plan. Ms. Rainey-Hinojosa said the budget presented was based on the effective tax rate of .0504093. Ms. Rainey-Hinojosa said the first Budget work session was scheduled for August 15th and would cover the General Fund. XIII. Discussion and appropriate action on setting the tax rate for the FY 2018 Proposed Tax Rate and setting the date, time, and place for two (2) public hearings on the Tax Rate, if required. (Jeri Rainey-Hinojosa, Finance Director) Finance Director Jeri Rainey-Hinojosa briefed the city council on the Effective (0.504093), Current (0.523233) and Rollback (0.547741) Tax Rates and the number, if any, of public hearings required by law based on which tax rate they set as the highest proposed tax rate. Council Meeting Minutes, August 8, 2017 Page 4 (Cont) Ms. Rainey- Hinojosa said the proposed budget was based on the Effective Tax Rate. Ms. Rainey-Hinojosa said past councils had a history of setting the Tax Rate at the Roll Back Rate. Councilmember Santleben wanted to see lower taxes. Councilmember Carey felt new growth would bear the burden of higher appraisal values and tax rate. Mayor Pro Tem Cherry felt the council should adopt the roll back rate to give them some leeway for possible changes to the budget. A motion was made by Councilmember Carey to adopt a tax rate of 0.52. The motion died from a lack of a second. A motion was made by Mayor Pro Tem Cherry and duly seconded by Councilmember Carey to set the tax rate at 0.523233. A Roll Call vote was called: Mayor Pro Tem Cherry – aye, Councilmember Carey – aye, Councilmember Santleben – nay. The motion carried (2:1) by a majority vote. A motion was made by Mayor Pro Tem Cherry and duly seconded by Councilmember Carey to set the two public hearings for September 12th and September 19th at 6 pm in the City Council Chambers. A vote was taken (3:0 all ayes) the motion carried by all present. XIV. Discussion and appropriate action on setting a public hearing for the Proposed FY2018 Annual Operating and Capital Budget. (Jeri Rainey-Hinojosa, Finance Director) Finance Director Jeri Rainey-Hinojosa said staff was recommending September 12th for the required public hearing on the proposed budget. A motion was made by Mayor Pro Tem Cherry and duly seconded by Councilmember Carey to set the public hearing for the Proposed FY2018 Annual Operating and Capital Budget for September 12th at 6 p.m. in the Council Chambers. A vote was taken (3:0 all ayes) the motion carried by all present. XV. Discussion and appropriate action on adopting an Ordinance amending the Comprehensive Zoning Ordinance, specifically amending the Table of Contents; amending Article 1. General Provisions, Section 7: Special Definitions Noted and Related to “Use Regulations” by adding definitions; repealing Section 13: Screening Regulations; and replacing with Section 13: Buffer Yards and Landscaping, and adding Appendix A, entitled Table 1 Xeriscape Landscape Plantings. (Nina Nixon-Mendez, Community Development Director) Community Development Director Nina Nixon-Mendez briefed the city council on the amendments to the CZO regarding the Buffering of properties recommended by the Planning and Zoning Commission and city staff. Ms. Nixon-Mendez went over the different Buffer Types as reviewed at the previous meeting and addressed the comments from the public hearing on possibilities for current properties to be grandfathered. Ms. Nixon-Mendez said depending on the zoning, changes to the property could trigger the buffering requirements. Mayor Pro Tem Cherry saw the changes as more for new construction along Hwy 90 and would protect the residential areas that abutted the commercial properties. Mr. Cherry pointed out there was a variance process for the developers. Council Meeting Minutes, August 8, 2017 Page 5 (Cont) A motion was made by Mayor Pro Tem Cherry and duly seconded by Councilmember Carey to adopt an Ordinance amending the Comprehensive Zoning Ordinance, specifically amending the Table of Contents; amending Article 1. General Provisions, Section 7: Special Definitions Noted and Related to “Use Regulations” by adding definitions; repealing Section 13: Screening Regulations; and replacing with Section 13: Buffer Yards and Landscaping, and adding Appendix A, entitled Table 1 Xeriscape Landscape Plantings. A vote was taken (2 ayes: 1 nay (Santleben)) the motion carried by a majority vote. XVI. Discussion and appropriate action on adopting an Ordinance amending Section 100 of the City of Castroville Code of Ordinances pertaining to Article IV, Planned Unit Developments, Sec. 100-75 Building Setback lines. (Nina Nixon-Mendez, Community Development Director) Community Development Director Nina Nixon-Mendez briefed the city council on a companion ordinance to the one they just adopted. Ms. Nixon-Mendez said this dealt with Planned Unit Developments (PUDS) and the buffer yard setback requirements. Ms. Nixon-Mendez said the amendment recommended that all lots must meet buffer yard setback requirements as would be for the P-D Planned Development Zoned District and the same minimum yard setback requirements as for the corresponding zoning district which was not a PUD. Ms. Nixon-Mendez said the Planning and Zoning Commission and the City Council had the option to approve a lesser setback in the plan after consideration of landscaping features, waterways, steep slopes, easements, other buffers and/or compatibility of the PUD with adjacent land uses. A motion was made by Mayor Pro Tem Cherry and duly seconded by Councilmember Carey to adopt an Ordinance amending Section 100 of the City of Castroville Code of Ordinances pertaining to Article IV, Planned Unit Developments, Sec. 100-75 Building Setback lines. A vote was taken (3:0 all ayes) the motion carried by all present. XVII. Discussion and appropriate action on amendments to City of Castroville Code of Ordinances Chapter 100 – 113(g) Intersection design; related to paving requirements. (Paul Carey, Councilmember) Councilmember Paul Carey requested this ordinance be brought back for discussion. Mayor Kelley said he had requested a local engineering firm to give a short presentation on paving requirements. Arron Neuman PE, of RedOak Engineers, gave a brief slide presentation on concrete vs. asphalt materials. Mr. Neuman said concrete had a slight advantage over asphalt but concrete could fail and be more costly to repair. He said concrete was not required nor used in the surrounding area and recommended the city require a signed, sealed Geo Technical Report to be provided with third party inspections provided by the developer. Mr. Neuman said standards were different now and most of the streets were designed to withstand 80,000 pound vehicles. Mayor Kelley felt the city ordinance placed an unnecessary burden on the developer. Community Development Director Nixon-Mendez was asked if the city currently required a Geo Tec Report. Ms. Nixon-Mendez said only if requesting alternative materials. Wayne Rodgers, of Council Meeting Minutes, August 8, 2017 Page 6 (Cont) Wayne Rodgers Construction, Excavating, and Paving, said a Geo Tech Report was a standard. Mayor Pro Tem Cherry felt concrete was a better material with less maintenance. A motion was made by Councilmember Carey to amended the City of Castroville Code of Ordinances Chapter 100 – 113(g) Intersection design; related to paving requirements by Striking the language “all new street intersections and cul-de-sacs shall have concrete paving. At an intersection, concrete paving shall apply to all areas within the tangent points of the roadway’s edge radii. At a cul-de-sac, concrete paving shall apply to areas beginning with the tangent points of the roadway’s edge radii through the cul-de-sac and change under Table E Type D Asphalt Surface Course (Ibs./sq. yard) from 190 to 165, strike Concrete Density 7” and TxDot Item 360: 3500 PSI @ 28 days with #4’s @ 12” O.C. Each Way. Max Slump= 5”. Motion died from lack of a second. A motion was made by Councilmember Santleben and duly seconded by Councilmember Carey to amend amended the City of Castroville Code of Ordinances Chapter 100 – 113(g) Intersection design by allowing concrete or asphalt with a GeoTec Report with each project. A vote was taken (3:0 all ayes) the motion carried by all present. XVIII. Discussion and appropriate action on approving the purchase of a 2013 Digger Truck and Chassis. (Larry Heinrich, Public Works Director) Public Works Director Larry Heinrich briefed the city council on the need to replace the 1992 Digger Truck with a new 2013 demo model with $44,000 worth of upgrades included, for the amount of $166,213.00. Mr. Heinrich said the funding for the truck was budgeted in the current budget. Councilmember Santleben felt the purchase should be postponed. Mayor Pro Tem Cherry asked about a possible lease option for this type of equipment. Councilmember Carey and Mayor Kelley were in favor of replacement. The old unit would be placed in the Auction. A motion was made by Mayor Pro Tem Cherry and duly seconded by Councilmember Carey to approve the purchase of a 2014 Digger Truck and Chassis in the amount not to exceed of $166,213. A vote was taken (2 ayes: 1 nay (Santleben)) the motion carried by a majority vote. XIX. Adjourn Mayor Kelley Adjourned the meeting at 8:35 p.m. Timothy Kelley Mayor ATTEST: Debra Howe City Secretary *Original Signatures on file