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City Council Regular Meeting

Regular Meeting

Richwood, TX · March 12, 2018

AgendaMinutes

Minutes

Minutes of City Council Regular Meeting The City Council City of Richwood A City Council Regular Meeting of the City Council of City of Richwood was held Monday, March 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 6:06 p.m. 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 - ABSENT 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 Richwood Volunteer Fire Department and Richwood Police Department for their efforts and response to truck fire at the City Maintenance barn Court Clerk, Kirsten Garcia - Certified Level I Court Clerk PROCLAMATIONS Proclamation - Fair Housing Month April 2018 CONSENT AGENDA Approval of Minutes of Previous Meetings Payment of Bills Accept resignation of Enrique Fernandez from the Flood Advisory Committee and appoint Sheryl Matthews On motion by Lauren LaCount second by Mark Brown II with all present members voting “aye” all consent items were approved. DISCUSSION AND ACTION ITEMS Discuss and consider an ordinance declaring all positions unopposed a cancelling the May 5, 2018 General Election On motion by Lauren LaCount second by Frank Blanks with all present members voting “aye” the ordinance declaring all positions unopposed and cancelling the May 5, 2018 General Election was passed and adopted. Discuss and consider a variance to Section 7-5(9a) of the Code of Ordinances regarding political signs to allow political signs to remain up through seven days after any runoff election Sarah Reed arrived at 6:15 pm On motion by Lauren LaCount second by Sarah Reed with all present members voting “aye” variance to allow political signs to remain up through seven days after any runoff election was approved. Discuss and consider Ordinance amending 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 Michael Coon presented. Lauren LaCount gave thanks to the committee. Mark Brown stated the ordinance is clear and fair. Michael Coon reported that several committee members flooded and still took time to help. On motion by Lauren LaCount second by Sarah Reed with all present members voting “aye” the ordinance amending Chapter 3 Animals was passed and adopted. Discuss and consider fowl permit application of Timothy Taylor at 101 W Mahan Lauren LaCount moved to approve. Sarah Reed seconded. Discussion began. Timothy Taylor reported he put in application for 17 due to purchasing requirement and possibility of getting roosters that will have to be given away or removed. Mark Brown stated Council just passed an ordinance to set a precedent and now right after they would be granting a variance. Mr. Taylor reported that he was waiting for the animal ordinance amendments to be adopted, but it went past the current ordinance timeline to apply for a permit. Mark Brown stated it just seems backwards. Frank Blanks stated he didn’t see an issue if the neighbors didn’t disagree. Mayor Guthrie stated he disagrees. 17 chickens is a lot of chickens and the committee set a number for a reason. Lauren LaCount stated the committee considered 6 because that was the number proposed in the Senate Bill. Mayor Guthrie stated he still thinks it’s a lot. Further discussion was held on the request. With all present members voting “aye” the permit application was approved for 17 chickens at 101 W Mahan. Discuss and consider request to allow consumption of alcohol at Richwood Municipal Park on Friday, March 30 and Saturday, March 31 for the 16th Annual BBQ Cook-off and to allow street closure of Audubon Woods Dr from North Mahan to Wisteria in the event of bad weather On motion by Sarah Reed second by Lauren LaCount with all present members voting “aye” the request to allow consumption of alcohol at Richwood Municipal Park on Friday, March 30 and Saturday, March 31 for the 16th Annual BBQ Cook-off and to allow street closure of Audubon Woods Dr from North Mahan to Wisteria in the event of bad weather was approved. Discuss and consider an ordinance amending Section 20-127 of the Master Traffic Plan and designating the intersections of Creek Bend at Shadow Bend, Creek Bend at Moore Street, and Shadow Bend At South Yaupon Street as one way stops On motion by Mark Brown II second by Sarah reed with all present members voting “aye” the ordinance amending Section 20-127 of the Master Traffic Plan and designating the intersections of Creek Bend at Shadow Bend, Creek Bend at Moore Street, and Shadow Bend At South Yaupon Street as one way stops was adopted and passed. Call joint public hearing with Planning and Zoning and City Council on proposed changes to Section 5(17.) Home Occupations of Appendix B Zoning Ordinance of the Code of Ordinances to include but not limited to, amending the definition of home occupation; changes in permitted uses; and changes in prohibited home occupations On motion by Lauren LaCount second by Sarah Reed with all present members voting “aye” the Joint Public Hearing with Planning and Zoning and City Council on proposed changes to Section 5(17.) Home Occupations of Appendix B Zoning Ordinance of the Code of Ordinances to include but not limited to, amending the definition of home occupation; changes in permitted uses; and changes in prohibited home occupations was called for April 9, 2018. Update on review of Indoor Gun Range & Noise Control Ordinances Michael Coon gave update. Lauren LaCount stated she would like to see if there is any precedence in Texas and wants to make sure whatever is written is good. Michael Coon stated staff’s suggestion is to research other cities due to cost estimates. Discuss and consider granting Big Kountry Shooting a ninety (90) day variance to Section 9- 322 and 9-326 pertaining to Indoor Gun Ranges and Section 10-4 regarding Noise Control of the Code of Ordinances Michael Coon reported the owner of gun range is concerned of legal liability knowing it is not in compliance with current ordinance. He has reached out to vocal residents and they are ok with allowing a temporary variance to the ordinance. Lauren LaCount asked if Mr. Coon thought 90 days would be enough for the process. Michael Coon stated Council can always approve a longer period if they see fit. Frank Blanks moved to approve a 180 day variance. Mark Brown seconded. Mark Brown asked if Big Country has done any further action to what they were working on. Michael Coon reported there have been no updates yet. With all present members voting “aye” the 180 day variance for the noise and gun range ordinance for Big Kountry Shooting was approved and granted. Discuss and consider authorizing the City Manager to enter into an agreement with Brazos Crossing for service and maintenance of a private lift station Michael Coon stated Public Works had been under instruction to provide maintenance to a lift station on private property of Brazos Crossing Apartments. Negotiations were discussed with property management and an agreement has been reached. The proposed agreement is to have the City continue to service at a cost for labor and parts, plus markup, to Brazos Crossing of the lift station. The agreement also states that if the service is too great the City may contract with a private contractor of our choosing to complete the necessary repairs. The cost plus markup of which will be the responsibility of Brazos Crossing. Mayor Guthrie stated so there is nothing in plat or 380 agreement that states the city shall maintain this private lift station and asked how much money the city has spent maintaining this lift station since it was developed. Clif Custer, Public Works, stated there are no written agreements and a lot of money has gone in to maintaining this particular lift station. Mark Brown asked if the city would be taking liability for the lift station under this agreement. Michael Coon stated yes but any costs associated with any maintenance and/or repair will be billable to Brazos Crossing. Mark Brown asked how long the City has been servicing a private lift station and who approved the service to it. Mr. Coon stated the previous City Manager gave instructions for it to be serviced when the apartments were built. Sarah Reed moved to approve the authorization for City Manager to enter into an agreement for service to the lift station. Lauren LaCount seconded. Mark Brown asked how the relationship is and are they ok with the agreement. Michael Coon stated the relationship is good and they have to be ok with the agreement if they want the City to continue to maintain and service the lift station. With all present members voting “aye” authorization was granted. Discuss and consider authorizing the purchase of a new server as approved in the FY 17-18 Adopted Budget in an amount not to exceed $35,000 Michael Coon reported the budget in current year approved $75,000 of funds for a server repair. The City’s current server is less than three years old. However, it is already processing more information than it was designed for and we only have about 60 GB of available memory. Due to the limited processing and storage capacity the server is regularly going down and needing to be reset. This past August we also experienced a hard drive failure and we almost lost a significant amount of data. Due to the issues with the current server, staff started reaching out to various firms for quotes on replacing our server and a request was included in the budget to purchase a new server. The FY 17-18 Adopted Budget includes $75,000 to replace our server. After analyzing proposals from various companies, staff is asking for permission to spend up to $35,000 for the server replacement project, which will provide the necessary funding for the recommending solution and a small contingency. Summary of Server Replacement Proposals Offsite Annual Est. Upfront Useable Annual Est. 5-Year Total RAM Backup Backup Annualized Costs Storage Travel Costs Cost Company Name Included Charges* Cost CDW-G $66,584.38 64GB 6TB N/A $ 6,840.00 N/A $100,784.38 $20,156.88 Executech $18,621.62 32GB 6TB 1 Year $6,310.65 $2,000.00 $53,864.22 $10,772.84 PcCare $30,827.00 64GB 8TB 2 Years $5,460.00 N/A $47,207.00 $9,441.40 Right Click Technology $45,380.00 64GB 4.5TB N/A $ 6,840.00 N/A $79,580.00 $15,916.00 *The CDW-G & Right Click proposals did not include off-site recoevery options. For these quotes the annual fees are based off of using Carbonite as a backup solution. Sarah Reed asked how the service with PC Care has been. Michael Coon reported staff is not always please with some of the PC techs. However, they do send the best more experienced techs to work on our server and more in depth issues. The issues with the server are due to lack of planning for future when purchased. There was not enough processing capacity installed to address future needs. Mark Brown asked if there was room expansion capacity or is it 8 TB all it goes. Michael Coon stated Right Click Technology proposal can go up to 20 TB but PC Care proposal would have to purchase a $10,000 of equipment for more capacity. Lauren LaCount asked what is happening to the old server. Michael Coon stated staff’s recommendation would be to repurpose to hold nonviable documents. The only issue is that the server is currently not backed up. Mark Brown asked if the proposal includes back up. Michael Coon reported that PC Care offers the best back-up solution. Lauren LaCount asked if it would be something that the Police Department could use for retention if it’s in capital planning that they are going to need in the future. Mark Brown stated but it would have no backup. Sarah Reed asked why continue to use a server that keeps failing. Michael Coon reported that PC Care would have it cleaned and refurbished. Lauren LaCount asked if the Police Chief would confirm that the proposal is going to suffice or if the additional server would be needed in future. Michael Coon stated the Police Department recently expanded their on-site storage and are not looking at off site storage for videos due to sensitivity of information. Mark Brown asked if they would be refurbishing the old server why not use it. Michael Coon stated staff is trying to find a purpose for it. However, at same time if there is no purpose, it won’t be used. Mark Brown stated he doesn’t want to pay for refurbishing if the City does not intend to use it. On motion by Mark Brown, second by Sarah Reed, with all present members voting “aye” the purchase of a new server as approved in the FY 17-18 Adopted Budget in an amount not to exceed $35,000 was approved. Update on Flood Mitigation Efforts Discussion was held on update of flood mitigation efforts. Approve items removed from Consent Agenda No items were removed from consent 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: Michael Coon, City Manager Mayor Guthrie called executive session at 7:29 pm. RECONVENE FROM EXECUTIVE SESSION and take action on the following: 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: Michael Coon, City Manager Open Meeting reconvened at 10:04 p.m. No action taken. REPORTS Reports that require no action. Review of budget expenditures Review of reorganization of clerical duties CITY MANAGER’S REPORT Michael Coon gave his 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 COUNCIL MEMBER COMMENTS & REPORTS Sarah Reed thanked the Police Department for police presence in the City. MAYOR’S REPORT ADJOURNMENT There being no further business the meeting adjourned at 10:11 p.m. These minutes were read and approved on this day of , 20 . Mark Guthrie, Mayor Attest: Giani Cantu, City Secretary

Agenda

AGENDA BE IT KNOWN that the CITY COUNCIL of the City of Richwood will meet in City Council Regular Meeting on Monday, March 12, 2018 at 6:00 PM at 1800 N. Brazosport Blvd., Richwood, TX 77531 at the Richwood City Hall in the Council Chambers with the following agenda: I. CALL TO ORDER II. INVOCATION III. PLEDGES OF ALLEGIANCE Pledge of Allegiance & Texas Pledge IV. ROLL CALL OF COUNCIL MEMBERS V. RECOGNITIONS A. Richwood Volunteer Fire Department and Richwood Police Department for their efforts and response to truck fire at the City Maintenance barn B. Court Clerk, Kirsten Garcia - Certified Level I Court Clerk VI. PROCLAMATIONS A. Proclamation - Fair Housing Month April 2018 VII. CONSENT AGENDA A. Approval of Minutes of Previous Meetings B. Payment of Bills C. Accept resignation of Enrique Fernandez from the Flood Advisory Committee and appoint Sheryl Matthews VIII. DISCUSSION AND ACTION ITEMS A. Discuss and consider an ordinance declaring all positions unopposed a cancelling the May 5, 2018 General Election B. Discuss and consider a variance to Section 7-5(9a) of the Code of Ordinances regarding political signs to allow political signs to remain up through seven days after any runoff election C. Discuss and consider Ordinance amending 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 D. Discuss and consider fowl permit application of Timothy Taylor at 101 W Mahan E. Discuss and consider request to allow consumption of alcohol at Richwood Municipal Park on Friday, March 30 and Saturday, March 31 for the 16th Annual BBQ Cook-off and to allow street closure of Audubon Woods Dr from North Mahan to Wisteria in the event of bad weather F. Discuss and consider an ordinance amending Section 20-127 of the Master Traffic Plan and designating the intersections of Creek Bend at Shadow Bend, Creek Bend at Moore Street, and Shadow Bend At South Yaupon Street as one way stops G. Call joint public hearing with Planning and Zoning and City Council on proposed changes to Section 5(17.) Home Occupations of Appendix B Zoning Ordinance of the Code of Ordinances to include but not limited to, amending the definition of home occupation; changes in permitted uses; and changes in prohibited home occupations H. Update on review of Indoor Gun Range & Noise Control Ordinances I. Discuss and consider granting Big Kountry Shooting a ninety (90) day variance to Section 9-322 and 9-326 pertaining to Indoor Gun Ranges and Section 10-4 regarding Noise Control of the Code of Ordinances J. Discuss and consider authorizing the City Manager to enter into an agreement with Brazos Crossing for service and maintenance of a private lift station K. Discuss and consider authorizing the purchase of a new server as approved in the FY 17-18 Adopted Budget in an amount not to exceed $35,000 L. Update on Flood Mitigation Efforts M. Approve items removed from Consent Agenda IX. 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: A. 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: Michael Coon, City Manager X. RECONVENE FROM EXECUTIVE SESSION and take action on the following: A. 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: Michael Coon, City Manager XI. REPORTS Reports that require no action. A. Review of budget expenditures B. Review of reorganization of clerical duties XII. CITY MANAGER’S REPORT XIII. 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. XIV. FUTURE AGENDA ITEMS XV. COUNCIL MEMBER COMMENTS & REPORTS XVI. MAYOR’S REPORT XVII. ADJOURNMENT The City Council may go into Executive Session on any item listed on the Agenda in accordance with Section 551.071 of the Government Code (attorney-client privilege). I, Giani B. Cantu, do hereby certify that I did, on 3/9/18 at _________ p.m. at ________ p.m., post this notice of meeting on the bulletin board at 1800 N. Brazosport Blvd., Richwood, TX, in compliance with the Texas Open Meetings Law. _______________________________ Giani Cantu, City Secretary City of Richwood This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's Office at (979) 265-2082 or FAX (979) 265-7345 for further information.

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