The City Council of the City of Katy, Texas, convened in regular session Monday, May 14, 2018, at 6: 30 p.

Transcription

1 151 MINUTES OF REGULAR CITY COUNCIL MEETING Call to Order The City Council of the City of Katy, Texas, convened in regular session Monday, May 14, 2018, at 6: 30 p. m., at Katy City Hall, 901 Avenue C, Katy, Texas. The following City Officials were present: Chuck Brawner, Mayor Durran Dowdle, Mayor Pro Tern Ray Boothe, Councilmember ( outgoing) Janet Corte, Councilmember ( incoming) Chris Harris, Councilmember ( incoming) J. Gary Jones, Councilmember Jimmy Mendez, Councilmember Steve Pierson, Councilmember ( outgoing) Art Pertile, III, City Attorney David Leyendecker, City Engineer Byron Hebert, City Administrator Melissa A. "Missy" Bunch, City Secretary Becky L. McGrew, Assistant City Secretary 2018 Election Presentation of Returns for May 5, 2018 Regular Officers' Election and Special Bond Election PresentaciOn de Devoluciones 5 de mayo de 2018 Elecci6n de los Oficiales Regulares y Elecci6n Especial de Bonos WARD A WARD B REGULAR CITY OFFICERS' T Election Election ELECTION Early Day Early Day Totals Councilmember At- Large Chris Harris Larry Gore Over Votes Under Votes Councilmember Ward A Janet Corte n/ a n/a 322 Ray Boothe n/a n/a 167 Over Votes 0 0 n/ a n/ a 0 Under Votes 12 2 n/ a n/a 14 Councilmember Ward B Sam Pearson n/ a n/ a Durran Dowdle n/ a n/ a Over Votes n/ a n/ a Under Votes n/ a n/ a May 14, 2018 Page 1

2 152 WARD A WARD B SPECIAL BOND ELECTION Election Election Proposition A Early Day Early Day Totals Yes , 250 No Over Votes Under Votes Proposition B Yes , 226 No Over Votes Under Votes Proposition C Yes , 214 No Over Votes Under Votes Consider an Ordinance ( No. 2848) Canvassing and Declaring the Results of the Regular City Officers Election on the 6th Day of May, 2017, for the Purpose of Electing One Councilmember At-Large, One Councilmember from Ward A, One Councilmember from Ward B; Declaring Chris Harris as Councilmember At-Large, Janet Corte as Councilmember Ward A, and Durran Dowdle as Councilmember Ward B; and Canvassing the Results of a Special Election Authorizing Three Propositions, in Which Three Propositions were Approved Considerar una ordenanza( No. 2848) para escrutar v declarar los resultados de la elecci6n regular de los oficiales municipales el S de mavo de 2018, Para el prop6sito de elegir un Concejal en general, un Concejal de la Sala A, Un Concejal de la Sala B; Declarando a Chris Harris Conseiero en general, Janet Corte Consejero Ward A, v Durran Dowdle Concejal Ward B, Analizando los resultados de una elecci6n especial Authorizando Tres Proposiciones, en las que se Aprobaron tres Proposiciones Motion was made by Councilmember Pierson, seconded by Councilmember Mendez, approving as printed and read ( caption) an Ordinance ( No. 2848) Canvassing and Declaring the Results of the Regular City Officers Election on the 5th Day of May, 2018, for the Purpose of Electing One Councilmember At-Large, One Councilmember from Ward A, One Councilmember from Ward B; Declaring Chris Harris as Councilmember At-Large, Janet Corte as Councilmember Ward A, and Durran C. Dowdle as Councilmember Ward B; Canvassing the Results of a Special Election Authorizing Three Propositions, in Which Three Propositions were Approved. All voted Aye, and the motion carried. El movimiento fue hecho por Councilmember Pierson, secund6 por Councilmember Mendez, aprobando segzin lo impreso y leido( subtitulo) una ordenanza( no. 2848) para escrutar y declarar los resultados de la elecci6n regular de los oficiales municipales el 5 de mayo de 2018, Para el prop6sito de elegir un Concejal en general, un Concejal de la Sala A, Un Concejal de la Sala B, Declarando a Chris Harris Consejero en general, Janet Corte Consejero Ward A, y Durran Dowdle Concejal Ward B, Analizando los resultados de una elecci6n especial Authorizando Tres Proposiciones, en las que se Aprobaron tres Proposiciones. Aye, y el movimiento llevado. Issue Certificates of Election and Administer Oaths of Office to Chris Harris, Councilmember At- Large ( May 5, 2018, Regular City Officers' Election declared elected by Ordinance No on ) Publique los certificados de la elecci6n v administre los juramentos de la oficina a Chris Harris, Concejal en general( el 5 de mayo de 2018, elecci6n de los oficiales regulares de la ciudad' declarada elegida por Ordinance No en ) Municipal Court Judge Jeffrey Brashear administered the Oath of Office to Councilmember At-Large Chris Harris. Eljuez Jeffrey Brashear de la corte municipal administr6 eljuramento de la oficina a Chris Harris, Concejal en general May 14, 2018 Page 2

3 153 Issue Certificates of Election and Administer Oaths of Office to Janet Corte, Councilmember Ward A( May 5, 2018, Regular City Officers' Election, declared elected by Ordinance No on ) Publique los certificados de la eleccidn v administre los iuramentos de la oficina a Janet Corte, Conceial Ward A( el 5 de mavo de 2018, la Ciudad especial manda la' elecci6n. candidato sin oposici6n fue declarada dick) par Ordinance No en ) Municipal Court Judge Jeffrey Brashear administered the Oath of Office to Councilmember Janet Corte. Eljuez Jeffrey Brashear de la corte municipal administrd eljuramento de la ofecina a Councilmember Janet Corte. Roll Call( Newly Seated City Council) Roll was called, for the second time, for new City Councilmembers; outgoing Councilmembers Boothe and Pierson congratulated their successors as they assumed the dais and then exited the meeting. Proclamation Recognizing May 2018 as " Older Americans Month" and Recognizing 2018 Senior Citizen of the Year" Pat Gorman The Mayor read a Proclamation recognizing May 2018 as " Older Americans Month" and recognizing " 2018 Senior Citizen of the Year" Pat Gorman. Mr. Gorman thanked all and expressed his love of the Katy community; numerous members of her family were present. Presentation of " Above & Beyond" Certificate of Recognition for Katy Police Officers, Dustin Garcia and Matthew Newport The Mayor presented the " Above & Beyond" Certificate of Recognition for Katy Police Officers, Dustin Garcia and Matthew Newport for their heroic efforts in observing and preventing a potentially life- threatening incident. Mayor recanted the incident on Tuesday, April 10, 2018, where the Officers rendered aid and saved the life of young woman. All rose to join the Mayor in applauding their bravery and heroism. Presentation of Keep Katy Beautiful Board Katy Proud Business Award to Dr. Allen & Angela Walker, The Cottage Door Boutique at 1001 Avenue B, Katy, Texas Kerry Singletary, Keep Katy Beautiful Board ( KKBB) Member, presented the Keep Katy Beautiful Board Katy Proud Business Award to Dr. Allen Walker and his wife Angela. Kerry remarked that almost fifteen years ago, this was our first Katy Proud Business Award. She told the history of the store location and the Live Oak on the property which was designated a Legacy Tree in 2012 by KKBB and Keep Texas Beautiful. This tree is now on a Texas Registry for one of being the largest of its species. She spoke of the Walker' s perseverance through flooding during Harvey and the downtown street project; moreover, how all their profits go to non- profit outreach for Women' s Christian Ministries, including fighting sex trafficking in the Houston Area. She thanked them for their love and generosity to the community. The Walkers, joined by one of their daughters, graciously accepted the award and spoke out about their love of Katy and passion for Women' s ministry. Public Hearing on Proposed Amendment to Zoning Ordinance No. 621 to Allow for the Location of a HUD- Code Manufactured Home Within a Municipal Utility District for a 12 Month Period Public Hearing was opened at 6: 57 p.m. and all were given the opportunity to be heard and there were no comments. Public Hearing closed at 6: 57 p. m. May 14, 2018 Page 3

4 154 Consider an Ordinance ( No. 2849) Amending Zoning Ordinance No. 621 to Allow for the Location of a HUD- Code Manufactured for a 12 Month Period Home Within a Municipal Utility District ( MUD) Motion was made by Mayor Pro Tern Dowdle, seconded by Councilmember Jones, approving as printed and read ( caption) an Ordinance ( No. 2849) Amending the City of Katy Zoning Ordinance No. 621 to Allow for the Location of a HUD- Code Manufactured Home Within a Municipal Utility District ( MUD) for a 12 Month Period; Repealing all Ordinances in Conflict Herewith; Providing for Severability; Providing for a Penalty in an Amount Not to Exceed 2, 000 for a Violation of this Ordinance; and Providing an Effective Date. Councilmember Harris inquired when the 12 month period would commence. City Attorney Art Pertile explained the period would begin upon move- in and establishing a residency was a statutory requirement, in order for the MUD to hold an election. All voted Aye, and the motion carried. Public Hearing on Application to Amend Zoning Ordinance No. 621, by Extending a Special Use Permit to Journey Church, 541 Pin Oak Road, Use of a Religious Nature in a C- 2 Commercial District Within Acres, Out of the Jessie Thompson Survey, Abstract 393, Fort Bend County ( Property is Situated on West Side of Pin Oak Road) Public Hearing was opened at 6: 59 p.m. and all were given the opportunity to be heard and there were no comments. Public Hearing closed at 7: 00 p. m. Consider an Ordinance (No. 2850) Amending Zoning Ordinance No. 621, by Extending a Special Use Permit to Journey Church, 541 Pin Oak Road, Use of a Religious Nature in a C- 2 Commercial District Within Acres, Out of the Jessie Thompson Surveys Abstract 393, Fort Bend County( Property is Situated on West Side of Pin Oak Road) Motion was made by Councilmember Mendez, seconded by Councilmember Jones, approving as printed and read ( caption) an Ordinance ( No. 2849) Amending the City of Katy Zoning Ordinance No. 621; Establishing a Special Use Permit that Allows, a Special Use, to-wit: an Institution of a Religious Nature ( Journey Church) in a " C- 2" General Business District at 541 Pin Oak Road; Providing for an Effective Date; Repealing all Ordinances and Parts of Ordinances in Conflict Herewith; Providing for Severability and Providing for a Penalty. Councilmember Jones inquired if this permit was for a five year period. The City Attorney answered yes and explained that this was a process put in place to make sure the use fits in that commercial area before it becomes permanent. So the first application was for one year, then three years and now five years. All voted Aye, and the motion carried. Public Comments All were given an opportunity to be heard and there were no public comments. FY Second Quarter Investment Report; Bank Statement and Check Register Thru ( information items only) There were no comments on the FY Second Quarter Investment Report; Bank Statement and Check Register Thru May 14, 2018 Page 4

5 155 Consent Agenda Motion was made by Councilmember Jones, seconded by Councilmember Harris, approving as printed the Consent Agenda: Consider Approval of Public Improvements for Young Ranch, Section 11, Water, Sanitary Sewer, Strom Sewer, Paving and Appurtenances Consider Approval of Final Plats o Reserve at Katy Reserve, Subdivision of Acres, 1 Reserve, 1 Block, in the James Conner Survey, Abstract 157, Fort Bend County o Katy Boardwalk, Subdivision of Acres, 7 Reserves, 4 Blocks, in the I& G.N.R.R. Company Survey, Abstract 1446 and Abstract 267, Fort Bend and Harris County o Cane Island Detention Pond L, Subdivision of Acres, 1 Reserve, 1 Block in the F. Eule Survey, Abstract 376, Waller County o Cane Island Detention Pond M, Subdivision of Acres, 1 Reserve, 1 Block in the F. Eule Survey, Abstract 376, Waller County o Cane Island Detention Pond N, Subdivision of Acres, 2 Reserve, 1 Block, in the F. Eule Survey, Abstract 376, Waller County All voted Aye, and the motion carried. Consider a Resolution ( No. 866) Authorizing Agreement with Fort Bend and Waller Counties the Mayor to Sign an Interlocal Cooperation Motion was made by Mayor Pro Tem Dowdle, seconded by Councilmember Mendez approving as printed and presented a Resolution ( No. 866) Authorizing the Mayor to Sign an Interlocal Cooperation Agreement with Fort Bend and Waller Counties. Mayor explained this was a continuation of the same contract we have signed in the past. All voted Aye, and the motion carried. Consider a Resolution ( No. 867) Authorizing the Issuance of Unlimited Tax Bonds, Series 2018 by Fort Bend County Municipal Utility District No. 199, Not to Exceed$ 1, 360, Motion was made by Mayor Pro Tern Dowdle, seconded by Councilmember Harris approving as printed and presented a Resolution ( No. 867) Authorizing the Issuance of Unlimited Tax Bonds, Series 2018 by Fort Bend County Municipal Utility District No. 199, Not to Exceed 1, 360, All voted Aye, and the motion carried. Consider a Resolution ( No. 868) Authorizing the Issuance of Unlimited Tax Bonds, Series 2018 by Harris- Waller Counties Municipal Utility District No. 2, Not to Exceed 3, 190, Motion was made by Mayor Pro Tern Dowdle, seconded by Councilmember Mendez approving as printed and presented a Resolution ( No. 868) Authorizing the Issuance of Unlimited Tax Bonds, Series 2018 by Harris- Waller Counties Municipal Utility District No. 2, Not to Exceed$ 3, 190, All voted Aye, and the motion carried. 111 Consider a Resolution (No. 869) Authorizing the Mayor to Enter Into a Memorandum of Understanding with Greater Harris County Emergency Network and the Fulshear Volunteer Fire Department( VFD) Motion was made by Mayor Pro Tem Dowdle, seconded by Councilmember Jones approving as printed and presented a Resolution ( No. 869) Authorizing the Mayor to Enter Into a Memorandum of Understanding with Greater Harris County Emergency Network and the Fulshear Volunteer Fire Department( VFD). All voted Aye, and the motion carried. May 14, 2018 Page 5

6 156 Consider a Resolution ( No. 870) Authorizing the Mayor to Sign a Resolution Amending Authorizing Representatives for Texas Local Government Investment Pool TexPool/ TexPool Prime) Motion was made by Councilmember Jones, seconded by Councilmember Mendez approving as printed and presented a Resolution ( No. 870) Authorizing the Mayor to Sign a Resolution Amending Authorizing Representatives for Texas Local Government Investment Pool TexPool/ TexPool Prime). Finance Director Becky Wilkins explained this change was to allow the Staff Accountant to transfer funds, when the City Administrator or she were not available. All voted Aye, and the motion carried. Consider a Resolution ( No. 871) Rededicating and Renaming the Katy Heritage Museum the Johnny Nelson Katy Heritage Museum to Honor its Founder, Johnny Nelson Motion was made by Councilmember Harris, seconded by Councilmember Corte approving as printed and presented a Resolution ( No. 871) Rededicating and Renaming the Katy Heritage Museum the Johnny Nelson Katy Heritage Museum to Honor its Founder, Johnny Nelson effective May 24, Mayor announced the Rededication ceremony to be held on Thursday, May 24, 2018, and invited all to attend as we honor Johnny Nelson by Renaming the Museum, he so loved, after him. He thanked Councilmember Jones, Paulette Nelson and her family for all their work to make this happen for Johnny. All voted Aye, and the motion carried. CLOSED MEETING Executive Session as Authorizing by Texas Government Code, Section to Discuss or Deliberate the Offer of Financial or Other Business Prospect to Expand in or Near the Territory of the Governmental Body and with Which the Governmental Body is Conducting Economic Development Negotiations; to Deliberate the Appointments Employment, Evaluations, Reassignment, Duties, Discipline, or Dismissal of a Public Officer or Employee Including the Emergency Management Coordinator, Section ; and Consultation with Attorney, Section The Mayor; Mayor Pro Tern; Councilmembers Corte, Harris, Jones and Mendez; the City Administrator and City Attorney, convened in Executive Session at 7: 13 p.m. as Authorized by Texas Government Code, Section to Discuss or Deliberate the Offer of Financial or Other Business Prospect to Expand in or Near the Territory of the Governmental Body and with Which the Governmental Body is Conducting Economic Development Negotiations; to Deliberate the Appointment, Employment, Evaluations, Reassignment, Duties, Discipline, or Dismissal of a Public Officer or Employee Including the Emergency Management Coordinator, Section ; and Consultation with Attorney, Section OPEN MEETING The Mayor opened the meeting to the public at 7: 59 p. m. Consider an Ordinance ( No. 2851) Amending the Employee Classification and Compensation Plan by Amending the Job Description of Emergency Management Coordinator Motion was made by Councilmember Harris, seconded by Councilmember Corte, approving as printed and read ( caption) an Ordinance (No. 2851) Amending the Employee Classification and Compensation Plan by Amending the Job Description of Emergency Management Coordinator. Council discussed that the only changes were to add the requirements: Bachelor' s Degree and five ( 5) years of experience. All voted Aye, and the motion carried. May 14, 2018 Page 6

7 157 Consider an Ordinance ( No. 2852) Granting a Variance from the Enforcement of Section Sale of Alcoholic Beverages Near a Church or School Crown Pizza # 2, to Sell Alcoholic Beverages at 6191 Highway Boulevard, Suite# 302, Katy, Texas Motion was made by Councilmember Harris, seconded by Mayor Pro Tem Dowdle, approving as printed and read ( caption) an Ordinance ( No. 2852) Granting a Variance from the Enforcement of Section Sale of Alcoholic Beverages Near a Church or School Crown Pizza # 2, to Sell Alcoholic Beverages at 6191 Highway Boulevard, Suite # 302, Katy, Texas City Council discussed how TABC ( Texas Alcohol and Beverage Commission) measures for schools versus other businesses and past variances granted due to proximity to school. Councilmember Jones spoke against the variance due to the potential of drunk drivers and their proximity to the students walking and driving in the near vicinity. Colburn McClelland, owner, gave a presentation on his request including: beer and wine is only sold with food service; not openly advertised ( wall menu); no happy hour or drink specials; spirit of the business is a restaurant that serves beer and wine with your dinner, not a sports bar; this restaurant is also operating in Beaumont, along with a Willy Burger, all three restaurants did less than 1% of their business in 2017 in alcohol sales; and all his employees are TABC licensed and meet all their requirements for service. He also addressed Councilmember Jones, by discussing that Midway BBQ, which is also close to the High School and shares the same traffic patterns, serves beer and wine. Moreover, Los Cucos and Tad' s both serve hard liquor to their patrons and those establishments then share the same routes of traffic as his potential customers so he believes the danger already exists and he would not be adding undue burden to same. Votes were cast as follows: Ayes Dowdle, Corte, Harris, Mendez; and Noes Jones. The motion carried. Consider an Ordinance ( No. 2853) Appointing Eric Paulsen to the Katy Development Authority and Reinvestment Zone Number One, Position 6 ( filling a vacancy created by Christopher Harris) Motion was made by Councilmember Jones, seconded by Councilmember Corte, approving. as: and read ( caption) an Ordinance ( No. 2853) Appointing Eric Paulsen to the Katy:- Development Authority and Reinvestment Zone Number One, Position 6" ( filling a vacancy created by Christopher Harris). Councilmember Harris stated this was a great board to serve on and that he learned a lot during his service. All voted Aye, and the motion carried. a Councilmembers' Reports City Attorney, Art Pertile, opened councilmember reports by discussing the purpose of the agenda item: opportunity to make announcements of general interest, not directly City related, like the Katy Police Officer Association Fish Fry, Boy Scout attendance, football games etc. These items can inside or outside the city limits and are items not on the agenda. Councilmember Jones congratulated all those elected and thanked former Councilmember Pierson and former Councilmember Boothe for their service. He remarked that serving on council looks like a lot of fun, but it is a lot of work too. He reminded all to attend the Rededication of the Heritage Museum on May 24, Councilmember Corte said she was happy to be here and it had been a very exciting week. She invited all to attend Katy Market Days, Saturday from 10 a. m. to 4 p. m. great opportunity to support local businesses. She spoke about registering on our website for Help 911, and explained how the alerts and registration information could benefit all. She closed by announcing the Woodcreek Junior High Jazz Band would be performing in La Centerra on Saturday night. Councilmember Harris May 14, 2018 Page 7

8 158 Councilmembers' Reports ( cont' d) invited everyone to attend the Katy High School Red & White game tomorrow night guaranteed Katy win! And that there was a Katy High School Softball game on Thursday night at 6: 00 p. m. Go Tigers! Councilmember Mendez congratulated all on the Election. Mayor Pro Tem Dowdle thanked the former Councilmembers for their service to the City, asked everyone to keep Pat of the Katy Times in their prayers and congratulated the incoming Councilmembers. He also thanked Judge Brashear for his attendance and performing the swearing- in ceremonies and to the officers for the brave efforts. He announced that the VFW Museum was reopening on Thursday and closed by thanking all for re- nominating him as Mayor Pro Tem and for having the confidence in him to do the job. Mayor' s Reports Mayor Brawner announced that it was Law Enforcement Week and how he runs into the local Katy Police Officers and sees them on patrol doing their jobs he sees the good job they are doing every day. He exclaimed our police service is second to none! He thanked the City Attorney for all his input and guidance. He closed with God Bless Katy; God Bless Texas. Adjourn Motion was made by Councilmember Mendez, seconded by Mayor Pro Tern Dowdle, to adjourn. All voted Aye, and the motion carried. The meeting was adjourned at 8: 18 p. m. Mayor ATTEST:_ A _ istant eaty Secf tar May 14, 2018 Page 8