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HomeMy WebLinkAboutCC Minutes 2005-02-21 Regular 02/21/05 2278 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( FEBRUARY 21, 2005 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, FEBRUARY 21,2005 AT 4:30 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS,910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD,TEXAS,WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR KIM BRIZENDINE MAYOR PRO-TEM JERRY ERICSSON COUNCILMEMBER LAURA EWING COUNCILMEMBER TRACY GOZA COUNCILMEMBER MEL MEASELES CITY ATTORNEY LOREN SMITH CITY ATTORNEY JOHN OLSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE Councilmember David Smith and Councilmember Shannon Kimmel were absent from the meeting. Mayor Brizendine called the meeting to order. 4:30 PM—WORK SESSION Discussion was held regarding Friendswood Baseball League's request to use Renwick Park. Archie Ameigh, 1501 Castlewood,stated he represents Friendswood Baseball League and had previously provided information to Mayor and Council which outlines a request for equal playing time. Tom Goodwin, 1913 Lundy Lane,stated he represents Friendswood Little League and outlined field usage to date for practice, after play begins, certain fields will be available for use on Wednesday and Sunday's. Friendswood Little League has been part of Friendswood for 27 years under Friendswood Little League Inc. They have set rules and regulations to operate under and Friendswood Little League comes firstto the 800 plus Friendswood kids. Rusty Burkett,309 Charleston,stated he represents Select Team,does not see howthe City can deny usage of City owned parks,this has created a big uproar in the City,is only asking for field time as the other league has, asking for a clear common sense approach from Council, and should be worked out equitably. Russell Rhodes,414 N. Shadowbend Ave,stated he represents the Friendswood Pony League,there are 94 kids and 8 teams,the league is set by High School areas, most of the games are played in League City, have played some tournament games at Renwick Park. Community Services Director Jon Branson stated he has been able to work these things out for fields,tennis courts,swimming pool,etc.,for the past 17 years, provided a history of how this issue came to be discussed this evening, reported on election held by Friendswood Little League on October 17,2004,and the outcome ofthat election and subsequent activities by both Friendswood Little League and Friendswood Baseball League,City has a policy in place that is administered for the majority user groups that is the best usage of the City facilities, would ask that Council allow the Parks and Recreation Board review the policy and make any 02/21/05 2279 changes necessary, provided clarification to Council regarding the number of total players, understanding the different groups, official requests for play time has been sent to Friendswood Little League from Friendswood Baseball League, Friendswood Little League and Pony have practice and game times, discussed Parks and Recreation Board review for any needed changes to the primary user policy to allow forthe majority of kids play time for baseball and all other facilities. Council concurred with this process, how to arrive at allowing for immediate play time,would ask that the two groups meet with Jon Branson, recognizing that there will have to be compromise for everyone,this is not the domain of Council, needs to be handled by the teams,charge the City Manager and Jon Branson to accommodate the facilitating of this meeting,needs to consider maintenance and money involved. This portion of the workshop meeting closed at 5:15 pm. Amendments to the Sign Ordinance and the Code of Ethics were not discussed. These items will be discussed at a later meeting. 6:15 PM—CLOSED EXECUTIVE SESSION Council convened into Executive Session in accordance with the Texas Government Code,pursuantto Section 551.071 - Consultation with Attorney concerning pending or contemplated litigation; a settlement offer; or a matter in which the duty of the Attorney requires it. Council convened into Regular Session at 7:00 pm with action taken later in the meeting. RECONVENE INTO OPEN SESSION 7:00 PM—REGULAR SESSION The Invocation was given by Dr. Burton Purvis from First Baptist Church of Friendswood. Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Charles Kirklin, 607 Linkwood, stated he is a 21 year resident of Friendswood, stated he is in support of City Manager and elected officials in regards to the 3%tax cap proposal, requires a constitutional amendment by a vote of the public, not our city officials,stated there has been harsh criticism of City officials over this issue. City officials do not have the power to put into place a tax cap or not, needs to be taken to the Legislature. Mr. Kirklin stated the largest recipient from ad valorem taxes is Friendswood Independent School District,which relies heavily on the tax dollars, if reduced would reduce services to the kids, would suggest look to City of Houston for abuse, and asked everyone to work together for the quality of our City. Archon Auzenne, 1401 Hollier Road,addressed Council and stated she lives on the Galveston/Brazoria County line,is a teacher in the Friendswood Independent School District, her children are in Friendswood Independent School District,attends church in Friendswood, receives water and garbage service from Friendswood,sports from Friendswood,shops locally,appeared before Council to request maintenance of Hollier Road,it is almost impassable, has spoken to City Staff,was told she could purchase and maintain or build a road and turn it over to the City for maintenance, requesting that the City maintain the road, loved the article in the newsletter from the Mayor, is about 1/10 of a mile of road, invites Council to ride down this road and please do what can be done. 02/21/05 2280 Kathy Rogers,207 Charleston,addressed Council and stated she is a 13 year resident and wanted to comment on the property tax cap, appreciated response from Councilmember Ewing, regarding City Manager Cox lobbying against the proposed tax cap before Legislature in Austin,feels that a 3%cap is very workable,feels if this not adequate then the City could present it to the voters, urged everyone to listen to the radio station 700 AM, Dan Patrick will be live tomorrow at Double Dave's Pizzeria to take residents opinion to Austin. Eugene Stansbery,2309 Airline Drive,addressed Council and stated he has been a residentsince 1982,wants Council, voters and taxpayers to understand, Council can be voted out, tax rate has not increased in some years,stated City Manager Cox,obviously allowed by Mayor and Council to lobby against lowering the tax cap, again, Council can be voted out, election is coming up,stated it would be okay for Mr. Cox to go and lobby for unfunded mandates for the City, instead lobbied against tax cap,do understand what is going on,just passing unfunded mandates to residents, 10% tax cap is unreasonable, puts pressure on City budgets and actually needs pressure on some expenses. John LeCour, 110 Canal Drive,addressed Council and stated he came from a poor school district,if funds are cut for City and school,synergy is not in this funding,what is important is families,a strong community,City and school service is great,strength is in the homes,a strong burden is taxes,stated he has a problem with sending someone to Austin to lobby against tax cap, putting a burden on families,time to re-invent government,making better and cheaper, put this tax cap on for families, if need to raise taxes bring before the residents to vote on. Don Beeth,5303 Whittier Oaks,addressed Council and stated he has lived in Friendswood a long time,the City Manager and City has become famous or notorious, big news in the morning on 700 AM radio,then tomorrow the station owner will broadcast from 4:00 PM - 6:00 PM in Friendswood. All of this started when the City Manager went to Austin to lobby against the proposed 3% tax cap, does not dispute Council's privilege or authority to lobby in Austin,what bothers him is the deaf ear from City Hall,why no response,whythe deafening silence? Did Council authorize the City Manager to travel to Austin to testify? He further stated he reviewed the Legislative Resolution passed by Council, City should not have anything to do with appraisal,why did you get into this fight,why did you take this on, not in your authority,do not want to read about this in the newspapers or hear on the radio,want someone to tell him why did you go there. Arthur Hsu, 790 Pin Oak Drive, addressed Council and stated he appreciates the City Manager responding to calls,stated this is back door way to increase taxes,families adjust their budgets to live on their income,would hope that the City and school would do the same, if need more operating dollars bring before the voters. Fred Krch, 209 Dawn, addressed Council and stated he is a 40 year resident of Friendswood, regarding Windemere Park, the City has owned since 1993, saw a ray of sunshine in the newspaper reporting on the Mayor's State of the City Address,a quote from the Mayor,"studying Lake Windemere as a waterpark",wants to fish there, asking the City to define"not safe"label placed on the Lake, really not acceptable,would volunteer as an expert or director to help with this project. Don Johnson, 810 Myrtlewood, addressed Council and stated he is a Friendswood resident, is bringing a message from Tax Assessor Collector Cheryl Johnson who could not be here this evening due to her father being gravely ill. He further stated Ms.Johnson has presented a Resolution for Council to consider,would hope that this would be placed on an agenda and allow Ms.Johnson to present information supporting the tax cap,if the City needs more tax dollars then simply present to the voters,this should not be a personal issue and urged Council to stick to the facts. Carol Shippy,3011 Rolling Fog,addressed Council,stated she lives in Heritage Park Estates,put a vote before the citizens on the tax cap, and take citizens position to heart. 02/21/05 2281 COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Kevin Holland,Chair of the Planning and Zoning Commission gave his annual report on the accomplishments and activities of the Planning and Zoning Commission. CITY MANAGER'S REPORT City Manager Ron Cox reported for the second year in a row,the Federal Emergency Management Agency (FEMA) has approved a grant for equipment and training to the Friendswood Volunteer Fire Department (FVFD). The new Fiscal Year 2005 grant was for$167,350 with FEMA funding$150,000 for new self-contained breathing apparatus(SCBA) equipment for firefighters to wear while in a fire suppression situation and fitness equipment for the volunteers along with health exams. We appreciate the work of Jeff Smith,FVFD Fire Chief, in seeking these 100 percent funds. This is consistent with Council's goals to offset local costs for needed equipment and training with grant funds wherever possible. Terry Byrd, Fire Marshal/Emergency Management Coordinator, has been working with the area cities and Galveston County to revise its evacuation plan for all cities and areas within the county. Since there are only three main routes out(I-45,SH 146,SH 6),the various cities are developing a plan to coordinate which cities will take which route. That plan will soon be available and Council will be asked to adopt it. Following adoption,each of the cities and the county will work to advertise the plan. This,of course,is in anticipation of hurricane season,which starts June 1. The Homeland Grant Security funding program has changed for 2005. The City will not receive the direct allocations from the State Homeland Security Program (SHSP)and the Law Enforcement Terrorism Prevention Program (LETPP)as in previous years. Instead of direct allocations,individual projects were considered and applied for. As a result of the project applications, Fire Marshal Terry Byrd has made a consideration of those projects by the Regional Homeland Security Coordinating Council (RHSCC). The City of Friendswood will be awarded a total of $156,500 in Homeland Security grant funding in 2005. Judge Eckels and Deputy Chief of Staff, Doug Adkinson, called to inform me that Friendswood received $100,000 from the Harris County allocation. Judge Yarbrough's Public Information Officer and Acting EmergencyManagementCoordinatorJohn Simsen informed me that Friendswood will receive$56,500 from the Galveston County allocation. Thanked both counties forthe support of our projects and cooperative effort they have shown during the process. These grant funds will be applied to the purchase of 800 mhz radios and possibly some Haz-Mat equipment for the VFD. City Manager Ron Cox read a prepared statement regarding his recent trip to Austin to present comments before the House Ways and Means Committee on behalf of TML. It is as follows: "As you know, I traveled to Austin at the invitation of the Texas Municipal League on Thursday, February 10,2005. The purpose of mytrip was to testify before the House Ways and Means Committee on behalf of TML as to the effect of lowering the cap on the increase in property appraisals from the current law of ten percent,to something lower. I did present testimony, along with several other city representatives and provided a letter expressing my opinion to State Representative Jim Keffer, Chair of the House Ways and Means Committee. First, let me say that I acknowledge and applaud the work of the City Council and Staff for being sensitive to the rising costs of local government. This city has a stated policy for and is working hard so the burden that exists on the residential property taxes in this community can in fact be reduced. I spoke to the Committee regarding city autonomy and state law mandating that Central Appraisal Districts keep values near market value. I regret response to those comments has caused such alarm. My intentions for this discussion were the same as they are for any discussion of a policy nature. As City Manager, I am charged with the responsibility to bring issues of importance before the Council and to address any concerns that I believe may be of importance to the health and welfare of this City and its government. Regarding the issue of appraisal caps, I have done my duty. I have expressed a concern for possible outcomes with the intention of adding a precautionary note to the deliberation. My concern remains the impacts to the City and our schools. There is certainly additional information and data to be gathered on this issue and we will continue to provide any information that may 02/21/05 2282 become available to ensure a good decision on your part. As with any issue, there are differing opinions. I wanted my concerns regarding the possible long-term effects of such a cap to be known and considered. At the invitation of the TML, I traveled to Austin to provide those same concerns to the responsible Legislative Committee. Just as with any other policy matter,the final decision on this issue rests with the City Council,and ultimately in this case with the Legislature. As always, I will follow the policy direction of Council and the Legislature and will implement any decision ultimately made." Mayor Brizendine stated the legislative process is best served by input from everyone and that he would like to take a few minutes to address a number of key points relating to property taxes within Friendswood. First, according to our State Senator and State Representative, property tax appraisal caps will be lowered. Let me repeat that, since it is the focus of the property tax issue. The State Senator and State Representative for Friendswood have stated that property tax appraisal caps will be lowered. Second, I want the public to know that I support their right to question the City if they feel there is an issue or a point of disagreement. This is why we make meetings such as this available to the public. For example, a number of people have brought into question Ron Cox's position on property taxes. More than his position, however, they have questioned his personal integrity, his loyalty to the City of Friendswood, and his truthfulness. All of these accusations have been made while claiming to take the "higher ground". Let me say here and now that these accusations are false and their method of delivery are less than honorable. Your responsibility as Citizens of Friendswood is to learn the facts before forming an opinion and publicly denouncing one of the City's most prized employees. To that end, I caution you not to be compelled nor swayed solely from the media or special interest groups. Thirdly,as many of you know,the leaders of Friendswood have spoken with anyone who would listen regarding the folly of living off new growth and the ever-increasing appraisals relating to propertytaxes. Vision 2020 is our city's guiding principle and our blueprint for the city's build out. This document prioritizes the necessity and defines the urgency in attracting not only more commercial development but also in drastically changing the tax diversity of the city. We will continue these efforts. Fourth, I will propose a Resolution supporting the lowering of the property tax appraisal cap for Council consideration at the next regular session in March. Lastly, a number of citizens have expressed both general concerns regarding the integrity of the city's leadership and a lack of trust in their decisions. In some instances,this outcry has been extremely pointed. Let me saythis,there is a process to have public officials brought into office and there is a process in having an official removed. As the leader of this city, I hold myself accountable to citizens of Friendswood. Any issues that the public has regarding representation or misrepresentation of their concerns should be directed to my office. RESOLUTIONS **Councilmember Goza moved to approve Resolution No. R2005-12—A Resolution ofthe City of Friendswood approving and ratifying the Agreement reached between PNM Resources, Inc., Texas-New Mexico Power Company and Cities served by TNMP in Public Utility Commission Docket No.30172 providing for a$13 million (9.3%) reduction to electric transmission and distribution rates and providing for quality of service and reliability standards. Seconded by Councilmember Ericsson. The motion was approved 5-0. **Councilmember Ewing moved to approve Resolution No. R2005-13—A Resolution of the City Council ofthe City of Friendswood,Texas, providing for the holding of a General Election on May 7,2005,for the purpose of electing two Councilmembers (Position Numbers 2 and 5); designating the polling places and appointing election officials for such election; providing the form of the ballot for such election;directing the giving of notice of such election; and containing other provisions relating to the subject. Seconded by Councilmember Ericsson. The motion was approved 5-0. 02/21/05 2283 **Councilmember Ericsson moved to approve Resolution No. R2005-14 — A Resolution of the City of Friendswood, Texas, urging the Texas Congressional Delegation to request and support funding for the U.S. Army Corps of Engineers ("Corps") General Reevaluation Report on Clear Creek for the Fiscal Year 2006. Seconded by Councilmember Goza. The motion was approved 5-0. ORDINANCES **Councilmember Goza moved to approve the Second and Final reading of Ordinance No. T2005-07, An Ordinance amending Appendix C of the Friendswood City Code,said Appendix C being City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally adopted the 19th day of November 1984, and being the zoning ordinance of the city, by changing the zoning classification of a certain 2.784 acre tract of land from Single-Family Residential (SFR)to Community Shopping Center(CSC),being a portion of unrestricted Reserve "B" along Friendswood Lakes Boulevard, Friendswood Lakes Subdivision, Section One, in the City of Friendswood, Galveston County, Texas; by changing the zoning classification of a certain 3.549 acre tract of land from Single-Family Residential (SFR)to Community Shopping Center(CSC),such tract having frontage on FM 528 and on Friendswood Lakes Boulevard, Friendswood Lakes Subdivision,Section One, Reserve"A," Galveston County,Texas; by changing the zoning classification of a certain 9.842 acre tract of land from Single- Family Residential (SFR) to Community Shopping Center (CSC), such tract being frontage on FM 528, Friendswood Lakes Subdivision,Section One,Galveston County,Texas,all of which are within the city limits of the city; providing for the amendment of the city's official zoning map; providing for severability;and providing a penalty in an amount not to exceed $2,000 for each day of violation of any provision hereof. Seconded by Councilmember Measeles. The motion was approved 5-0. No action taken on Ordinance T2005-08: (Title: First readinq of an Ordinance of the City of Friendswood amendinq the City's Zoninq Ordinance with reqard to requlation of siqns within the city, providinq for a penalty, and providinq for severability)An Ordinance of the City of Friendswood amending Appendix A of the Code of Ordinances of the City of Friendswood, Texas, same being the zoning ordinance with regard to regulation of signs as a part of Ordinance No. 84-15, as amended,Appendix A being created by Ordinance No. 91-15, as amended, by deleting from Section 1 thereof the definitions of business park,energized sign,and readerpanel, and by adding to Section 1 thereof definitions of animated sign, awning, banner sign, changeable copy sign, civic sign,commercial message,flashing sign,master sign plan,noncommercial message,nonconforming sign, obsolete sign,off-premises sign,on-premises sign,and street banner;by amending Section 2 thereof to require the submission of a Sign Plan drawn to a standard architectural or engineering scale, to require sign permit applications to be signed by the property owner and the sign installer,to delete certain permit exemptions,and to exempt from permit requirements the changing of the message of a changeable copy sign; by deleting therefrom Section 7 regarding fire/safety hazards in its entirety; by amending Section 8 thereof to prohibit the alteration of traffic signs; by amending Section 9 thereof to prohibit obsolete signs, animated signs, flashing signs, and ground signs that are not monument signs; by amending Section 10 thereof to allow Community Development to designate a place to hold impounded signs under this ordinance; by amending Section 12 thereof to delete the prohibitions against energized signs and to institute regulations concerning changeable copy signs; by amending Section 13 thereof to require all wiring to monument signs to be installed underground; by amending Section 15 thereof to regulate the location, permitting and size of temporary signs,temporary real estate subdivision signs, temporary direction signs, temporary political signs, garage sale signs, open house signs,and temporary street banner signs; by deleting therefrom Sections 16, 17, 18, 19,and 20 in their entirety; by amending Section 21 thereof to change the allowed size of permanent signs in residential districts; by amending Section 22 thereof to require a master sign plan for all wall signs and ground signs in nonresidential districts,and to allow off-premises signs and directional signs in nonresidential districts if the permit application is signed by both property owners; by amending Section 25 thereof to use the definition of obsolete signs and to delete the requirement of removing an abandoned sign prior to approval of a new sign permit on the same property; by amending Section 26 02/21/05 2284 thereof to require the removal of nonconforming signs associated with nonresidential properties which have been vacated for 90 days or more; by amending Section 27 thereof to except from regulation hereunder all signs containing a noncommercial message; providing a penalty in an amount notto exceed$2,000.00 for each violation hereof; repealing all ordinances, or parts of ordinances, in conflict here with to the extent of such conflict; and providing for severability. **Councilmember Measeles moved to approve the Second and Final reading of Ordinance No.T2005-09,An Ordinance of the City of Friendswood, Texas, amending Ordinance No. 84-15, as amended,same being the zoning ordinance of the city, by amending Section 8.h.2 thereof regarding planned unitdevelopmentstandards and requirements related to cluster home developments to allow cluster home developments to set aside a minimum of twenty percent(20%)of the development as open space for developments with a maximum of 2.7 units per acre, a minimum of thirty (30%) as open space for developments with a maximum of 3.0 units per acre, and a minimum of forty percent(40%)as open space for developments with a maximum of 4.0 units per acre, to require minimum lot area of 6,000 square feet, to establish regulations regarding lot coverage, lot frontage, and setbacks in cluster home developments,to establish circumstances under which the Planning and Zoning Commission can modify the width of streets and right-of-ways in cluster home developments,to limit above-ground infrastructure development subject certain requirements;by amending Section 7.q.2 thereof to establish a new matrix containing the lot setback requirements for cluster home developments; providing a penalty not to exceed $2000.00 for each violation of any provision hereof; repealing all ordinances,or parts of ordinances, in conflict herewith; and providing for severability. Seconded by Councilmember Ericsson. The motion was approved 5-0. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Measeles reported he attended the AAMC Conference in Austin and the TML Legislative Briefing held on February 14th. Councilmember Goza reported he would like to address the tax cap issue,does not blame City Manager Ron Cox, he did his job,does not necessarily agree with the Mayor or Councilmember Ewing on this tax cap issue or the legislative agenda Council adopted. Councilmember Ericsson reported he attended a Houston-Galveston Area Council event,State Representative Larry Taylor was guest fill-in speaker,talked about school finance reform with tax cap. Thanked citizens forthe points made this evening,do need a forum to allow for better education for everyone, need to look at different economic factors,addressed various things that the City has done to lessen the burden on taxpayers and stated the City looks for opportunities to use other monies and Staff is always looking for grant money. Councilmember Ewing reported as she walked the halls in Austin last Monday she reflected on the freedom of speech that we are afforded,appreciated the comments tonight,calls,e-mails and letters,will be a much better educated voter when a Resolution comes to Council for a vote, there are limits to freedom of speech, big concern about remarks made about City Manager by people that do not know him,what an honor to have our City Manager to be asked to give testimony,would caution all of us that freedom of speech is very precious to us, reported she went with the Mayor to Westwood Elementary for children supporting Limitless Playground being planned by the Methodist Church Sunday School to raise money for this playground, presented money that had been raised by the children, Cline Elementary has also raised money. 02/21/05 2285 CONSENT AGENDA **Councilmember Measeles moved to approve the Consent Agenda as presented. A.Award of Bid No.2005- 02 and authorize the Mayor to execute a contract for the 2005 Water and Sewer Supplies. B. Authorize the Mayor to accept and execute utility easements for the Sunmeadow Drainage Project. C.Authorize the Mayor to execute a contract with Lockwood Andrews & Newman for engineering services for the Glenshannon- Greenbriar Drainage project. D. Approve Resolutions of the City of Friendswood as follows: 1. Resolution R2005-10, A Resolution of the City Council of the City of Friendswood, Texas, authorizing and directing Kimball W. Brizendine, Mayor to act as the City's representative in seeking eligible grant funds under the State Criminal Justice Planning (421) fund for fiscal year 2006; and authorizing the submission of such grant application to the Criminal Justice Division of the Office of Governor. 2. Resolution R2005-11,A Resolution of the City of Friendswood, Texas, adopting the Incident Command System, as developed by the National Incident Management System, as the City of Friendswood Standard Command and Control System during emergency operations. E.Authorize the final payment in the A&R Demolition lawsuit. F.Authorize release of Cost Award in Radney Judgment. G. Report of Capital Projects. H.Approve Minutes of Regular Meeting on January 17 and Council Retreat on January 24, 2005. Seconded by Councilmember Ewing. The motion was approved 5-0. A motion was made and approved to adjourn at 8:25 PM. � c� � l.�'� Mayor Kimball W: Brizendine Attest: , L. F �R'EN�S � O !y � , :�'1' � O De oris McKenzie, MC V p City Secretary � * �T,9rF OF ��+Q�