City Council Regular Meeting

Minutes of Public Hearing and Regular Meeting The City Council City of Richwood A Public Hearing and Regular Meeting of the City Council of City of Richwood was held Monday, February 12, 2018, beginning at 6:00 PM in the Richwood City Hall, 1800 N. Brazosport Blvd. Richwood, Texas. CALL TO ORDER Mayor Guthrie called the meeting to order at 6:00 pm INVOCATION Michael Coon led the invocation. PLEDGES OF ALLEGIANCE Pledge of Allegiance & Texas Pledge Mayor Guthrie led the pledges. ROLL CALL OF COUNCIL MEMBERS Mark Guthrie, Mayor Lauren LaCount, Mayor Pro Tem Frank Blanks, Council member Sarah Reed, Council member Chris Hardison, Council member- ABSENT Mark Brown, Council member Others present: Michael Coon, City Manager; Giani Cantu, City Secretary; Clif Custer, Public Works; Kenny Williams, Building Official; Bryan Corb, Police Chief RECOGNITIONS Court Administrator Melanie Garza - Certified Level I Court Clerk CONSENT AGENDA Approval of Minutes of Previous Meetings Payment of Bills On motion by Lauren LaCount second by Sarah Reed with all present members voting “aye” all items on consent agenda were approved. DISCUSSION AND ACTION ITEMS Public Hearing on request to rezone Lots 26-5, Block 7 and Lots 1-11, Block 17 of Glenwood Bayou Subdivision from R-1, Single Family to R-1A, Single Family Zero Lot Line. Said property being the undeveloped property located between by Wisteria Street, Oyster Creek Drive and Yaupon Street Public hearing was called at 6:07 pm. Doug Roessler, Baker & Lawson, reported and presented the proposed development. The rezone is requesting 55 foot lots. The homes will be built for residential sale. Benny Howard, 314 N Yaupon, stated the neighborhood has no problems with homes being built as the current zone stands. The neighborhood can not stand high density subdivision with increased concrete and runoff. Mr. Howard shared concerned with the raising of lots and the ditch proposed at the rear of the lots. He asked who will be responsible to maintain the ditch. It should not be the concern of his or council on whether the developer makes profit. He stated he is opposed to the rezoning and asked Council to think about the older neighborhoods and maintain the rezoning as is. Dan McGee, 301 N. Yaupon, stated he is in opposition to the rezoning. At the original meeting, all residents present were against the development. Audubon Woods has R-1A on two streets and those two streets are designed to be on the outlying edges of the development. This proposal is to bring that design into the heart of an existing neighborhood. The proposal would mean he would have two neighbors on his back yard. To date, there has been no proposal of what will happen with the new traffic in the area. Traffic is already bad. Council’s job is not to look out for the developer but to look out for the people already here. Public hearing closed at 6:20 pm. Action on request to rezone Lots 26-5, Block 7 and Lots 1-11, Block 17 of Glenwood Bayou Subdivision from R-1, Single Family to R-1A, Single Family Zero Lot Line. Said property being the undeveloped property located between by Wisteria Street, Oyster Creek Drive and Yaupon Street Sarah Reed moved to deny the rezoning. Lauren LaCount seconded. Mark Brown asked if it was possible to open discussion and consider a possible 380 agreement. Mr. Coon stated that if the city were to consider a 380 agreement it could outlay more restrictive requirements. However, it is not on the agenda so Council cannot specifically discuss terms of a 380 agreement at this meeting. Frank Blanks ask if the reason they are building up is because of new requirements due to the flooding. Mr. Coon replied that as of now there is no formal requirement. However, the developer is taking the flooding into account. Mark Brown stated any developer can build up if they wanted to. With all present members voting “aye” the request to rezone Lots 26-5, Block 7 and Lots 1-11, Block 17 of Glenwood Bayou Subdivision from R-1, Single Family to R-1A, Single Family Zero Lot Line was denied. Public Hearing on proposed changes to Chapter 3 Animals of the Code of Ordinances, to include but not limited to, changes to the livestock and fowl, domestic animals, and other sections Dan McGee asked for brief overview of the proposed changes. Mr. Coon stated some of the high level changes are to update outdated information, add a clause that allows humane officer to designate someone in their absences, change some of the leash laws, eliminate the animal livestock committee, up to 6 hens be allowed with consent from the neighbors, increases the minimum acreage for the livestock (cow, goat) to 1 acre. Lauren McGee asked if there was still a limit on dogs. Mr. Coon stated yes. Public Hearing closed at 6:28 pm. Discuss and consider an ordinance setting the utility rate and fees Mr. Coon stated staff proposed changes during budget process and it was postponed due to Harvey and flooding. The proposal is being reconsidered, along with amendments to the budget to remove 2 new positions and new truck from the utility fund budget. Summary of Proposed Rate Changes Current Proposed Base Water Rate $19.50 $24.40 Base Sewer Rate $17.50 $22.40 Senior Base Discount $0.00 $15.00* Firefighter & Council Base Discount $44.70 $55.50 Charge Per 1000 gallons $3.85 $4.35 Senior, Firefighter, & Council Charge Per 1000 gallons $2.85 $4.35 Standard Deposit $50.00 $100.00 Rental Deposit $75.00 $150.00 Standard Water Tap $500.00 $575.00 Standard Sewer Tap $500.00 $575.00 Bore Surcharge $0.00 $335.00 *$7.50 each for Water & Sewer Lauren LaCount asked if deposits would be grandfathered for existing customers or if the city would bill the increases. Mr. Coon stated the City we will not take new deposits on existing customers. Lauren LaCount moved to approve the proposed rate changes. Sarah Reed seconded. Additional discussion was held and clarification was given on the proposal. Mr. Coon also advised that other changes included, the change the payment due time from 5 pm to 2pm. To give staff the time to correctly apply all payment prior to late penalties or cutoffs. Mayor Guthrie asked about those residents who work out of town and can’t get back in time. Mr. Coon stated they have other options. They can call in with payment at any time prior or place their payment in the drop box the night before the due date. With all present members voting “aye” the ordinance setting utility rates and fees was adopted. Discuss and consider a resolution amending the FY 2018 Adopted Utility Fund Budget Mr. Coon presented the resolution reducing revenues and expenditures for the FY 2018. AMENDMENTS TO ADOPTED BUDGET UTILITY FUND UTILITY FUND Revenue ($153,755) Decrease Water & Wastewater Revenues NET ($153,755) INCREASE (DECREASE) ($99,809) ($45,777) Expenditures ($8,169) Remove 2 New Positions Remove New ($153,755) Deisel Truck Remove Portion of Impact $2,272,065 $2,272,065 On motion by Lauren LaCount second by Sarah Reed, with all present members voting “aye” resolution amending the FY 2018 Adopted Utility Fund Budget was passed and approved. Discuss and consider ordinance amending Article XI Outdoor lighting of the code of ordinances Lauren LaCount moved to approve the ordinance. Sarah Reed seconded. Mr. Coon gave an overview of the changes. With all present members voting “aye”, the ordinance amending Article XI Outdoor Lighting was passed and adopted. Review of Oakwood Shores ground penetrating radar study Clif Custer, Public Works Director, gave a history of road failures and fixes in Oakwood Shores. Then gave review of the study. Potential solutions are to begin discussing what Richwood will expect from Oakwood Shores in the future in regards to weight limits and establish an engineered standard for future large scale road repairs within Oakwood Shores. Mark Brown asked for possible solutions to stopping the voids from occurring in the clay. Mr. Custer stated that will fall on the engineers, but believes anything is possible with the right amount of money. Mark Brown asked what was done with the ditches. Mr. Custer advised he contacted TXDOT for ideas on how to mitigate the issue of voids in the clay and they currently raise the road base. Mark Brown stated, in his prospective, the problem is the ditches and the water in ditches being locked underneath the roads, which then cause void in the clay. Therefore, he’d like to know what the solution is to make sure the water doesn’t go underneath the road. Mr. Custer stated what was found is that some areas will still develop voids because of the way clay behaves if there is not a sound base, even if something is done with the ditches as well. Lauren LaCount asked if there was anything done to the stuff underneath the road when we fixed it or did it just get covered. Mr. Custer stated it was just covered. The subbase is not strong enough to hold the volume of traffic on the roads. Staff will be proposing to have the bond task force consider this for the voters in a proposed bond issue. Mayor Guthrie asked what we are anticipating on costs. Mr. Coon advised the rough estimate is as much as nine (9) million dollars. Mayor Guthrie stated that’s just stabilizing the roads and asked if anyone thought about culverting the roads. Mark Brown stated that was the point he was trying to make. Mayor Guthrie stated this is an ongoing problem everywhere not just Oakwood Shores. Mr. Coon advised that staff’s proposal to bond task force would be to do all of the city then Oakwood Shores last. Mayor Guthrie asked if there are any ideas to restrict or designate truck routes and weight limits. Mr. Custer stated it’s a possibility. Mark Brown asked if it was currently possible to have a sink hole. Mr. Custer reported it has already happened. Mr. Coon advised that the Creek Bend Developer was asked to culvert the south side of Moore Street and the cost was approximately $500,000.00 Mr. Custer stated that culverts get pricey. Review of policies pertaining to board and commission memberships Mr. Coon reported that a good number of the boards have outlines within our code of ordinances in different places. The idea is to take all guidelines and put them in one location in our code of ordinances. The other issue is we have been faced with a shortage of volunteers. KRB was combined with Parks because of it. The idea was discussed if council would consider allowing non-residents but those who have vested interest to serve on these boards and commissions. Sarah Reed stated it used to be allowed and asked if we found anything in the minutes as to when and why it was changed. Mr. Coon stated we found when it was changed. However, Council has the authority to remove anyone from the boards for any reasons. Lauren LaCount asked how these changes would apply to CCPD. Mr. Coon stated CCPD is specific and would have to go to the voters for approval. These changes would be for the boards and commission defined by Council. Council decided they would like for the boards and commissions to discuss and consider their own policies and make recommendations to Council at a future meeting. Review of gun range and noise ordinances Mr. Coon gave a brief overview. Eric Kinear stated they are attempting to dampen the noise that comes out of the exhaust. Frank Blanks stated Lisco used to have the same problem. Did we figure out what they did to help that? Mr. Kinear stated the complaints are repetitive noise. He stated he wants to be a good neighbor but he has gone above and beyond the standards that were set at the time. Mark Brown asked if he was aware of the gun range ordinance. Mr. Kinear stated the gun range ordinance was adopted after he started construction. He was granted a permit prior to the ordinance. Mr. Coon stated he wants to research more options on potential solutions and possible changes to the existing ordinances. Update on review of home based business ordinance During the last Council Meeting, the Council discussed the revisions to the home based business ordinance that were proposed by Councilmember LaCount and Councilmember Brown. Included below is a summary of the proposed changes. Recommended Home Based Business Ordinance (A) A home occupation is a commercial use that is accessory to a residential use. A home occupation must comply with the requirements of this section and all Texas occupational licensing laws. (B) A home occupation must be conducted entirely within the dwelling unit or one accessory garage. (C) Participation in a home occupation is limited to occupants of the dwelling unit, except that one person who is not an occupant may participate if off-street parking is provided for that person.” (D) The residential character of the lot and dwelling must be maintained. A home occupation that requires a structural alteration of the dwelling to comply with a nonresidential construction code is prohibited. This prohibition does not apply to modifications to comply with accessibility requirements. (E) A home occupation may not generate customer-related vehicular traffic that impedes normal residential traffic flow or city streets for parking, pick up, or drop off of people, goods or services. (F) Equipment or materials associated with the home occupation must not be visible from locations off the premises, including merchandise displays. (G) A home occupation may not produce noise, vibration, smoke, dust, odor, heat, glare, fumes, electrical interference, or waste run-off outside the dwelling unit or garage in violation of City of Richwood nuisance ordinances. (H) Parking a commercial vehicle on a street adjacent to residentially zoned property is prohibited. (I) Advertising a home occupation by a sign on the premises is prohibited. Advertising the street address of a home occupation through signs, billboards, television, radio, or newspapers is prohibited. (J) For home occupations only one additional vehicle, not owned by the property owner, can be parked on the property and it cannot be parked on an unimproved surface. (K) The following are prohibited as home occupations: (1) animal hospitals; (2) clinics, hospitals, hospital services; (3) contractors yards; (4) dance studios; (5) scrap and salvage services; (6) massage parlors other than those employing massage therapists licensed by the state; (7) restaurants; (8) cocktail lounges; (9) rental outlets; (10) equipment sales; (11) adult oriented businesses; (12) manufacture or sale of product regulated by the FDA, ATF, or other Federal and State Regulators; (13) recycling centers; (14) drop-off recycling collection facilities; and (15) an activity requiring a variance under Richwood Uniform Building Code Lauren LaCount asked about any issues that could arise from mechanical repair businesses for small engines, lawn mowers, etc. Mr. Coon stated language was added under (j) and (f) that set restrictions for items related to the business being visible and for the number of vehicles on the property. Mayor Guthrie stated that the proposed changes would still allow a home owner to park their vehicle in the street and someone else’s in the driveway. Mr. Coon stated yes. However, the ordinance prohibits street parking over 72 consecutive hours. Frank Blanks there was a resident that used to fix them and post them out front for sale. Mr. Coon stated that would not be allowed, he’d have to keep them in the garage or fenced backyard. Approve items removed from Consent Agenda No items were removed from agenda. EXECUTIVE SESSION in accordance with Subchapter D of the Open Meetings Act, Texas Government code Section 551.001, et. Seq., to review and consider the following: Under authority of Section 551.074 to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or to hear a complaint or a charge against an officer or employee: Bryan Corb, Police Chief Executive session was called at 7:28 p.m. RECONVENE FROM EXECUTIVE SESSION and take action, if any. Reconvene at 8:34 pm No action was taken. REPORTS Reports that require no action. CITY MANAGER’S REPORT PUBLIC COMMENTS All public comments will be subject to the following rules: All speakers will be permitted to speak no longer than 3 minutes; all speakers will only be permitted to speak once; speakers cannot defer their 3 minutes to another speaker. Discussion is not allowed on items not posted on the agenda. FUTURE AGENDA ITEMS Review the gun range/noise ordinance Annual review of city manager COUNCIL MEMBER COMMENTS & REPORTS Sarah Reed reported she was back in her home and thanked the police department for watching over her home while she was unable to live in it. MAYOR’S REPORT Mayor Guthrie asked for a report at the next meeting on how many residents may still be displaced. ADJOURNMENT There being no further business the meeting adjourned at 8:41 p.m. These minutes were read and approved on this day of , 20 . Mark Guthrie, Mayor Attest: Giani Cantu, City Secretary