MINUTES OF REGULAR MEETING October 28, 2015 SHENANDOAH CITY COUNCIL 1. CALL TO ORDER 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, Assistant Chief of Police Bryan Carlisle, 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 Mayor Watts asked all to rise and give the pledges. 4. INVOCATION Invocation was given by Councilmember John Houston. 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. Mr. Smith advised that there are two new employees, and he introduced Dale Jackson as a new building inspector and Adrian Salinas as a new field service representative.
INDIVIDUAL CONSIDERATION 6. Consideration and possible action regarding a request from Memorial Hermann Hospital for a variance to Ordinance 15-028: Parking Lots and Structures. Mayor Watts stated for the record that he would recuse himself from deliberation over this item as a member of the advisory board for Memorial Hermann Hospital. He said Mayor Pro -tem Frazier would take over in his place. Mr. Smith advised that this is a request for a variance to a new ordinance that regulates parking lots on property. He said when Memorial Hermann asked for a variance for their six story building, they submitted building plans and they have more than ample parking. He said during a Planning and Zoning Commission meeting, a commissioner asked if they will have enough parking and they responded that they would have ample parking. He said staff recommends opposition to the variance. He said Memorial Hermann had a presentation to make to Council. Josh Urban, CEO of Memorial Hermann Hospital The Woodlands, presented an overview of the campus and the reasoning behind their request for a variance. He said the main reason for the request is that parking is concentrated at one end of the campus, which forces people to walk a long distance to several of the buildings. He said the parking variance that they are requesting would be temporary while the new building is under construction. COUNCILMEMBER MCLEOD MOVED TO APPROVE THE VARIANCE TO ORDINANCE 15-028 AS REQUESTED. COUNCILMEMBER HOUSTON SECONDED. COUNCILMEMBER HOUSTON SAID HE WOULD PREFER TO CONSIDER THIS REQUEST A LITTLE LONGER. Councilmember Frazier said he can see a hardship, but at the same time he cannot. He said Council is not in the habit of granting variances. Councilmember McLeod said he was at the hospital recently and had to walk a long distance with an injury. He said he wants others who come to Shenandoah to have a positive experience. He said some of this seems to be a planning Page - 2 -
issue, where parking is at one end and development is at the other. Eric DiPasquale from Memorial Hermann Hospital replied that they did not own the property in question when the parking was developed. Mr. Ferebee asked Councilmember Houston if he was making a formal motion to table the item. Councilmember Houston replied that he was. Mr. Ferebee said there needs to be a second. COUNCILMEMBER MCLEOD MOVED TO REPEAL HIS ORIGINAL MOTION TO APPROVE THE VARIANCE. COUNCILIVIEMBER HOUSTON SECONDED, THE MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER HOUSTON MOVED TO TABLE THE ITEM PENDING FURTHER REVIEW. COUNCILMEMBER MCLEOD SECONDED, THE MOTION CARRIED UNANIMOUSLY. Councilmember Teague asked what the alternative would be if the variance is denied. Mr. DiPasquale replied that in the medical center, employees are bused in from remote parking areas. He said on -site parking is reserved for patients. Mr. DiPasquale said that is not an acceptable option in this community and it would be hard to retain employees if they had to park further away and bus in. He said it' s expected in the downtown and medical center areas. Councilmember Henson asked what assurances are there that this parking situation will be temporary. Mr. DiPasquale replied that he doesn' t know how he can give 100 percent assurance. Councilmember Henson said it is not an easy decision because we have to consider the needs of the whole City and the effects of continued growth. He said Councilmembers have to be accountable to those who put them in these positions. Mr. Smith suggested letting staff sit down with the hospital administration and discuss future planning and get some clarification. He said we could come back with some options for Council at a future meeting. Page - 3 -
7. Consideration and possible action to adopt the following Resolution: DESIGNATION OF REPRESENTATIVE AND ALTERNATE HOUSTON - GALVESTON AREA COUNCIL 2 GENERAL ASSEMBLY. COUNCILMEMBER FRAZIER MOVED TO REAPPOINT MAYOR GARRY WATTS AS THE PRIMARY REPRESENTATIVE AND COUNCILMEMBER JOHN HOUSTON AS THE ALTERNATE. COUNCILMEMBER MCLEOD SECONDED, THE MOTION CARRIED UNANIMOUSLY. 8. Consideration and possible action to renew the After Hours Dispatch Agreement with the City of Conroe. COUNCILMEMBER FRAZIER MOVED TO RENEW THE AFTER HOURS DISPATCH AGREEMENT WITH THE CITY OF CONROE. COUNCILMEMBER HENSON SECONDED, THE MOTION CARRIED UNANIMOUSLY. 9. Consideration and possible action to adopt the followine Ordinan AN ORDINANCE BY THE CITY OF SHENANDOAH, TEXAS ( " CITY ") DENYING THE DISTRIBUTION COST RECOVERY FACTOR RATE INCREASE REQUEST OF ENTERGY TEXAS, INC. FILED ON SEPTEMBER 4, 2015; SETTING JUST AND REASONABLE RATES FOR ENTERGY TEXAS, INC. FOR SERVICE WITHIN THE MUNICIPAL LIMITS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS. COUNCILMEMBER MCLEOD MOVED TO ADOPT AN ORDINANCE BY THE CITY OF SHENANDOAH, TEXAS ( " CITY ") DENYING THE DISTRIBUTION COST RECOVERY FACTOR RATE INCREASE REQUEST OF ENTERGY TEXAS, INC. FILED ON SEPTEMBER 4, 2015; SETTING JUST AND REASONABLE RATES FOR ENTERGY TEXAS, INC. FOR SERVICE WITHIN THE MUNICIPAL LIMITS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS. COUNCILMEMBER FRAZIER SECONDED, THE MOTION CARRIED UNANIMOUSLY. Page - 4 -
10. Consideration and possible action to approve an agreement for legal services related to the General Obligation Refunding Bonds, series 2015. COUNCILMEMBER HENSON MOVED TO APPROVE AN AGREEMENT FOR LEGAL SERVICES RELATED TO THE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015. COUNCILMEMBER HOUSTON SECONDED, THE MOTION CARRIED UNANIMOUSLY. 11. Consideration and possible action to adopt the following Ordinance: ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF SHENANDOAH, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015; LEVYING A TAX IN PAYMENT THEREOF; AUTHORIZING THE REDEMPTION PRIOR TO MATURITYOF CERTAIN OUTSTANDING OBLIGATIONS; PROVIDING FOR THE AWARD AND SALE OF SAID BONDS IN ACCORDANCE WITH CERTAIN PARAMETERS; AND ENACTING OTHER PROVISIONS RELATING THERETO. COUNCILMEMBER FRAZIER MOVED TO ADOPT AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF SHENANDOAH, TEXAS GENERAL OBLIGATION REFUNDING BONDS, SERIES 2015; LEVYING A TAX IN PAYMENT THEREOF; AUTHORIZING THE REDEMPTION PRIOR TO MATURITY OF CERTAIN OUTSTANDING OBLIGATIONS; PROVIDING FOR THE AWARD AND SALE OF SAID BONDS IN ACCORDANCE WITH CERTAIN PARAMETERS; AND ENACTING OTHER PROVISIONS RELATING THERETO. COUNCILMEMBER TEAGUE SECONDED, THE MOTION CARRIED UNANIMOUSLY. Mr. Ferebee advised that there has been one change to the Ordinance to remove the " notice of material events" on page 26 and 27. He said those are changes from what was in the packet. 12. Consideration and possible action to adopt the following Ordinance: AN ORDINANCE OF THE CITY OF SHENANDOAH, TEXAS AMENDING ORDINANCE 0-15 -003 AND ORDINANCE 0-06 -002 TO PROVIDE FOR THE CONTINUING ADOPTION OF UPDATED BUILDING CODES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ANY AND ALL ORDINANCES OR RESOLUTIONS TO THE EXTENT THE SAME ARE Page - 5 -
INCONSISTENT WITH OR IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. COUNCILMEMBER FRAZIER MOVED TO ADOPT AN ORDINANCE OF THE CITY OF SHENANDOAH, TEXAS AMENDING ORDINANCE 0-15 -003 AND ORDINANCE 0-06 -002 TO PROVIDE FOR THE CONTINUING ADOPTION OF UPDATED BUILDING CODES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ANY AND ALL ORDINANCES OR RESOLUTIONS TO THE EXTENT THE SAME ARE INCONSISTENT WITH OR IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. COUNCILMEMBER HENSON SECONDED, THE MOTION CARRIED UNANIMOUSLY. 13. Consideration and possible action to adopt the following Resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHENANDOAH, APPROVING THE RECLASSIFICATION OF DAVID J. VETTER BOULEVARD ON THE CITY OF SHENANDOAH' S THOROUGHFARE PLAN. COUNCILMEMBER HENSON MOVED TO ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHENANDOAH, APPROVING THE RECLASSIFICATION OF DAVID J. VETTER BOULEVARD ON THE CITY OF SHENANDOAH' S THOROUGHFARE PLAN. COUNCILMEMBER FRAZIER SECONDED, THE MOTION CARRIED UNANIMOUSLY. Councilmember McLeod asked why the street was classified as a collector originally. Mr. Smith replied that early plans indicated it might be another east /west road. He said other development has occurred since then, including Oak Haven and the detention pond right in the middle of the potential path of the roadway. He said it would be good to re- evaluate our thoroughfare plan. Mr. Bleyl said it' s correct that the road was a potential east /west corridor in the past, but development came in and he didn' t think a grade crossing at the railroad track was possible. Page - 6 -
14. Consideration and possible action to ratify the purchase of a Ford Explorer for the CVB. COUNCILMEMBER HOUSTON MOVED TO RATIFY THE PURCHASE OF A FORD EXPLORER FOR THE CVB. COUNCILMEMBER HENSON SECONDED, THE MOTION CARRIED UNANIMOUSLY. Councilmember McLeod said in the future he would prefer that Council consider the request in advance rather than ratifying it after the purchase. He said Council originally approved a different vehicle. He said he knows this is an unusual case. Mr. Smith said the purpose for the ratification was the delay in getting the vehicle. He said there was a recall on the Traverse and they did not know when they could deliver the vehicle. He said availability of the Explorer was 90 days out, and this was the only one available through the state contract bidding that we could find that met our requirements. He said other municipalities were trying to get it. He said it is a very unusual situation when we ratify this type of purchase. Councilmember Frazier said he disagrees and that Mr. Smith has the authority to spend up to 15, 000 and the difference in the vehicles amounts to a few hundred dollars. Councilmember McLeod said it was a $ 25, 000 purchase. Councilmember Frazier said the purchase was already approved. Councilmember Houston asked how much the difference was between the two vehicles and Mr. Smith replied that it was between $ 300 and $ 400. Mayor Watts said he understands both sides and feels this is just an anomaly. 15. Consideration and possible action to approve an agreement with Landology for entry renovations at Vision Park Boulevard. COUNCILMEMBER TEAGUE MOVED TO APPROVE AN AGREEMENT WITH LANDOLOGY FOR ENTRY RENOVATIONS AT VISION PARK BOULEVARD. COUNCILMEMBER HOUSTON SECONDED, THE MOTION CARRIED UNANIMOUSLY. 16. Consideration and possible action to declare vehicles and equipment as surplus property. Page - 7 -
COUNCILMEMBER TEAGUE MOVED TO DECLARE VEHICLES AND EQUIPMENT AS SURPLUS PROPERTY. COUNCILMEMBER FRAZIER SECONDED, THE MOTION CARRIED UNANIMOUSLY. 17. Ratify the accounts payable for the month of September 2015. COUNCILMEMBER FRAZIER MOVED TO RATIFY THE ACCOUNTS PAYABLE FOR THE MONTH OF SEPTEMBER 2015. COUNCILMEMBER HOUSTON SECONDED, THE MOTION CARRIED UNANIMOUSLY. 18. Approve the minutes from the August 1, 2015 budget workshop, the September 9, 2015 regular workshop meeting, and the September 21, 2015 regular meeting. COUNCILMEMBER FRAZIER MOVED TO APPROVE THE MINUTES FROM THE AUGUST 1, 2015 BUDGET WORKSHOP, THE SEPTEMBER 9, 2015 REGULAR WORKSHOP MEETING AND THE SEPTEMBER 21, 2015 REGULAR MEETING. COUNCILMEMBER HOUSTON SECONDED, THE MOTION CARRIED UNANIMOUSLY. 19. 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 Halloween Safe Street event would be held on Saturday. He said rain is expected through the afternoon but it should clear in time for the event. He said there is a backup plan if rain continues. He said Council is invited to the staff luncheon where candy will be separated for the event. Page - 8 -
COUNCIL' S INQUIRY 20. 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 McLeod asked if The Woodlands will be responsible for edging along the curb on Research Forest. Mr. Smith replied that is correct. 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. Mayor Watts stated for the record that Council would adjourn to Executive Session at 7: 47pm. 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; ii) iii) Government Code 551. 071. Consultation with Attorney; Pending Litigation Hou- Scape, Inc. vs. City of Shenandoah Government Code 551. 074. Personnel Matters City Administrator Evaluation Consideration and if determined appropriate, take action resulting from the item( s) listed under Executive Session. Page - 9-
Mayor Watts reconvened the regular meeting at 9: 28pm and stated for the record that no action was taken on any items in the Executive Session. ADJOURN There being no further business, Mayor Watts called the meeting adjourned at 9: 29pm. SUBMITTED BY: r, City Secretary DATEAPPROVED: i 00% ' SH ENqN of... E A llx S ` ` Page - 10 -