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HomeMy WebLinkAboutCC Minutes 2005-07-11 Regular 07/11/05 2342 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( JULY 11, 2005 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JULY 11, 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 KIMBALL BRIZENDINE MAYOR PRO-TEM DAVID SMITH COUNCILMEMBER LAURA EWING COUNCILMEMBER JOHN LECOUR COUNCILMEMBER TRACY GOZA COUNCILMEMBER CHRIS PEDEN COUNCILMEMBER MEL MEASELES CITY ATTORNEY JOHN OLSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE 4:30 PM—WORK SESSION Discussion was held regarding drainage on FM 2351 and Prairie Wilde with Galveston County Consolidated Drainage District(GCCDD)and Texas Department of Transportation (TxDOT). Public Works Director Mike Hodge gave a brief presentation on the history of the drainage issues of this area for the past 20 or 30 years that have been aggravated by building development in the City and in the outlying Brazoria County area and the development of the FM 2351 corridor. Melvin Spinks, President of Civitech Engineering, consultant to TxDOT, provided a presentation regarding a study and plan for FM 2351 improvements, and reviewed plans for Segments 3, 2, 1 B and 1A. Jose Ramirez, TxDOT Engineer, responded that TxDOT is a partner in this project and reviewed the progress and moving forward, letters have been sent to the City and to the GCCDD regarding funding and the need for agreements and permits to be completed. TxDOT is a substantial contributor and is committed to the projects, may take up to one year,could expedite with getting things to the District Office for approval and moving this project forward. Mr. Ramirez provided clarification as to TxDOT responsibility and funding possibilities. GCCDD Chairman Harold Whitaker presented GCCDD's perspective on this project and a proposal to TxDOT for Segment 2 and 1 B of this project and associated costs for each segment and proposed open ditch culvert. Mr. St. Cyr on Prairie Wilde asked questions regarding the proposed scope of work,suggested change to Segment 3 to incorporate some portion of area into Segment 2. A question and answer session was held. City Manager Ron Cox thanked TxDOT for participating in this project and GCCDD for their participation in the drainage areas, the City is moving quickly on culvert placements, and is doing planning for 1A and 1 B now, TxDOT is working on Segment 3 for September with Segment 2 to be worked on by all entities. Mr. Whitaker proposed for another meeting to be scheduled to bring all the planning back together. Council asked for determination as to direction of water flow in this area. Discussion was held regarding West Ranch Utility District. City Manager Ron Cox introduced Jeff Anderson and Joe Stunja,Vice President of Friendswood Development, John Haverstrite with Knudson and Associates and also working for the City and Jeanie McDonald,Attorney specializing in special districts and also working for the City. Mr. Cox reviewed status of process. A discussion was held regarding the Special Financing 07/11/05 2343 District which is proposed to be located on FM 518 east of FM 528, 718 acres on FM 518, and 47 acres on Bay Area Boulevard which is owned by the West Interests and is a development proposed by Friendswood Development Company. Discussion was held regarding the major features of the proposed development, rezoning of West Ranch and Bay Area Boulevard property, Special Financing Districts,which could include a Municipal Utility District(MUD) and a Tax Increment Reinvestment Zone (TIRZ), discussed components of Speciai Financing District, Staff proposal for Special Financing District,Council established appropriateness of special financing district for West Ranch at the October 18 meeting. Discussion was held regarding Council conditions for a Special Financing District in Friendswood, community benefit that included FDC MUD Proposal and FDC TIRZ proposal,Council decision points, Council conditions for a Special Financing District and reviewed, activities since December 6. Discussed FDC revised proposal, development and review of Legislation, key features of the bill for creation of the West Ranch Management District. Discussed the governing body of the Management District, powers of the District, municipality not responsible for indebtedness of District, negotiate controlling agreements, features of utility agreement, infrastructure, drainage, streets, recreation facilities, school facilities, debt limitations, tax rate limitations, assessments, qualifying facilities,discussion and recommended concurrent action on these items. Council will need time for additional questions, need to plan another workshop or retreat as soon as possible and make some determinations and develop timelines. Council was asked to forward questions to the City Manager to move this process along and proposed a meeting in the evening time. Discussion was held regarding criteria on use of eminent domain. City Attorney John Olson presented an overview of the eminent domain law and process and Charter requirements that require a majority vote of Council to implement. Council asked about the requirements regarding requiring a super majority vote. Mr. Olson stated itwould require a Charter amendment, Council can adopt a Resolution setting out process,only remembers the use of condemnation for the Blackhawk Plant in the 1970's, very costly, condemnation is looked at as very unfavorable, City will pay a whole lot more than the property is worth. Council discussed it could adopt a resolution that eminent domain would not be used for economic development and asked if it had been helpful to have the provision in the Charter. City Manager Ron Cox advised yes it has been helpful as an alternative but has only been used in extremely rare cases, only for sewer or water line, and has never been brought to Council. Mr. Cox further stated that eminent domain was stricken from the Special Municipal District Bill that was passed for the West property. Since this time a homeowner's association has approached the City and asked the City to consider and was told this was not something the City would consider, discussed certain specific circumstances which may require the use of eminent domain and may require a super majority, special conditions to the Special Municipal District could be set out that eminent domain would not be allowed, later on the agenda Council could consider approving having a Resolution drafted. The City Attorney stated none of the cities they represent use eminent domain at this time. Mayor Brizendine proposed calling for a Resolution setting out the City's intent and will look at the time frame for calling for a Charter Review Commission. Mr. Olson would recommend that adopting a statement of intent regarding eminent domain by Ordinance that requires finro readings and makes it harder to change,could look at limiting taking property and giving to a private party and will look at coming up with some guiding principles, Council asked are their other entities in Friendswood that can have condemnation. Mr.Olson further advised that School Districts and Conservation and Reclamation Districts can but not for private parties. Council stated City is not-for-profit,dangerous road to go down and should get a Resolution and pass immediately and then pass an Ordinance as soon as possible. 7:00 PM—REGULAR SESSION The invocation was given by Pastor Rick Baldwin from Friendswood Community Church. Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas. 07/11/05 2344 **Councilmember Peden moved to approve suspending the rules of procedure to allow dialogue with individuals listed on the agenda. Seconded by Councilmember Goza. The motion was approved unanimously. COMMUNICATIONS FROM THE PUBLIC Wayne Gargrave, Robert Deatherage, and Chatt Smith did not speak as listed on the agenda. Tammy Deatherage, 503 Eagle Lakes Drive, addressed Council and stated she is concerned with development, no follow up from meeting held with City, no follow up with Brighton Homes, no response from the City Manager's office, concerned with drainage, concerned with aesthetics of what is taking place with buildup 2 to 4 feet high and then a concrete wall on top of that, concerned with the correctness of the elevations,and presented information that her elevation is 26.3 feet and Brighton is at 23 feet. She asked how can it be possible when it is apparent that the Brighton property is higher. Deputy Director of Community Development Dan Johnson with the City will call for confirmation on which elevation is right,will ask Brighton homes to look at building their fence at 3 feet and will look at the other fences. Councilmember Goza asked if Brighton Homes is building at this time? Ms. Deatherage stated Brighton Homes is building the foundation for the fence this evening. Councilmember Peden asked Ms. Deatherage about the response from the City. Ms. Deatherage stated Brighton has never contacted her. She has contacted Deputy Director of Community Development Dan Johnson and received a letter from Mr. Johnson on June 29 and stated that this was not acceptable and will hold the City and Brighton Homes responsible. Anita Hobbs, 505 Eagle Lakes Drive,addressed Council and stated she has been in Friendswood since 1975, added she has also not been contacted by Brighton Homes, concerned with drainage, pays taxes, does not feel anyone is being cordial at this time, and stated she is concerned with flooding and asked why is the wall just behind 5 or 6 homes. Councilmember Peden stated he is concerned with flooding, has not heard anything from City that alleviates Ms. Hobbs'concerns about flooding, has not seen any maps on the flooding and is concerned with aesthetics. Mayor Brizendine stated he was in the meeting with the developer and they were going to contact homeowners after July 4th regarding drainage, aesthetics, and elevations. Deputy Director of Community Development Dan Johnson stated that he understood the developer was writing a letter. Mayor asked about their communication or lack of it. Councilmember Peden asked Mr. Johnson to check into the letters and the timeliness of that process. Brian Robicheaux, 707 Eagle Lakes, addressed Council and stated he has property that is adjacent to this development and it is actually 1 '/feet above his property, used to be a natural creek, received nothing from developer regarding drainage, has not been contacted along with others, looking for engineer's response as to elevation. 07/11/05 2345 Councilmember LeCour asked about the engineering report on the property in an undeveloped state,stated it did slope into natural creeks, now the property is filled in and then has been built up at least 1%feet. Mayor Brizendine stated engineering information is available and will be sure Mr. Robicheaux sees it. Sue Robicheaux, 707 Eagle Lakes, addressed Council and stated she serves on the Homeowner's Association (HOA) Board, stated the HOA President, Chatt Smith,was not able to attend tonight, stated that she was told letters were supposed to be sent but has not received, Board has not had any communications and digging on the wall must be stopped now until the elevation is resolved. More residents are speaking to her regarding concerns with traffic, no curves in the roadway, need speed bumps to siow down the traffic, when Police Department patrols they do a greatjob,contractors and residents are speeding through, people are cutting through Eagle Lakes, suggests the City close off Parkview and be rerouted through Friendswood Lakes and wants a response from the City on the traffic issue. The Mayor stated the City does have a response on the traffic issue and the City will respond to the Homeowner's Association Board. Ms. Robicheaux asked if she would be able to respond to the plan. The Mayor stated citizens always have an opportunity to react. Councilmember Smith stated that recently another subdivision had the same type of issues regarding traffic and the City worked with them to resolve the issues with residents having input, use same process as a model. Councilmember Ewing asked legally what could the City do to stop them until everyone can work through the issues. City Attorney John Olson stated he will review ordinances and processes to see if they are in compliance and if not, the City can stop but if they are in compliance, the City cannot stop. The Mayor stated Brighton Homes may be just doing preliminary work but this matter will be looked into. David Dannemiller, 1314 Piney Woods Drive, addressed Council and stated he has lived here for 19 years, addressed eminent domain, new federal legislation has given broad latitude to governments,just because it is legal does not make it the right thing to do,eminent domain is the taking of public property,gave examples,do not let Friendswood become like New London, Connecticut. Mayor Brizendine responded to Mr. Dannemiller to let him know that the City has workshopped this issue prior to this meeting and the City is looking at drafting legislation that will require a super majority vote and will consider this later in the meeting. Betty Felts, 2402 S. Friendswood Drive, addressed Council regarding eminent domain and stated she has lived here for 46 years, never thought she would be before Council, knowing that seven people could turn her life upside down, is 75 years old and plans to live here the rest of her life and told Council if you do not protect us, God help us all including you. Michael Sharp, 1200 Shooting Star, addressed Council and stated the last time he spoke to Council was regarding eminent domain,was shocked and angry, learned it was not Council's intent to allow this process and addressed those who worked to strike eminent domain verbiage from the West Municipal Utility District 07/11/05 2346 Legislation, asked Council to act quickly on adopting a Resolution on intent in use of eminent domain,would also support adopting an Ordinance that is a little harder to overturn. His second issue to address before Council is regarding the proposed tree ordinance, it is just not practical, it needs to be enforceable, needs to consider fiscal responsibilities,just not right to have Staff telling people how to landscape properties,with all due respect to those who have been working on the ordinance, and believes they are misguided. Jim Hill, 2404 S. Friendswood, addressed Council and stated he was there to speak regarding eminent domain and asked them to adopt a Resolution that is proposed to not take away private property and give to public entity, is a matter of right and wrong, he would never had gotten involved if a prominent citizen had not brought this to his attention, checked it out with State Representative, questioned City Manager's statements giving testimony and statement this project would go on and it was quite evident as to the developers intent. Mayor Brizendine stated that the City would have total control over the West Municipal Utility District, learned tonight the City would not have control with the District having three members and the City having two members. It was stated the bond would be 20 years, learned tonight the bond would be 30 years. Don Johnson, 810 Myrtlewood,addressed Council and stated he is concerned with Council funding Ga�veston County Consolidated Drainage District(GCCDD)with an Interlocal Agreement for desnagging project of Clear Creek for$50,000, after that the GCCDD came back and asked for$100,000 which the City gave to the on a consent agenda item, asked what is this project and what is being done, do you know about this project, concerned with mention of dams. He has asked questions of GCCDD and they have been non-responsive, City is at high risk if hurricane comes in, talked about the condition of Clear Creek and an old bypass that could be rehabilitated, stated he has cleared out floodway in his subdivision area, and asked Council to not spend any more funds on this desnagging project. CITY MANAGER'S REPORT City Manager Ron Cox presented the 2005 Silent Hero Award. He stated once again,the City received notice of special recognitions and awards for the Friendswood Police Department(PD). The PD Staff continues to be acknowledged for the professional, exemplary manner in which they consistently perform their duties. Karen Peterson was the recipient of the 2005 Silent Hero Award. Karen wears many hats in the daily performance of her duties. She is a Telecommunications Operator(TCO), but she is also a Senior Records Specialist. Many of you will recognize her also as the Public Information Officer(PIO)for the Friendswood PD, as she issues the many informative News Releases from the Police Department. She was nominated for and has won the Silent Hero Award from the Commission on State Emergency Communications (CSEC). The nomination was for her calm, clear thinking in locating the downed helicopter that crashed near the Friendswood-League City limit line in May 2004. She turned the tables on the news media clamoring for information on the incident. She asked them to help locate the crash site with their own news helicopters. Congratulations to Karen on a job well done and on winning the Silent Hero Award! Mr.Cox also announced the 2005 Team 9-1-1 Award of Merit Recognition. He stated this nomination did not win, but will nevertheless be recognized at the CSEC conference along with Karen on August 31, 2005, in Corpus Christi, Texas. The team consists of K.C. Rogers, Karen Peterson, and Stephanie Price-Taylor, all Telecommunications Operators in the Communications Division of the Police Department. They were the team that handled the 9-1-1 call from the helicopter crash when it came in May 28, 2004. The passenger called in from a cell phone and did not know or recognize where she was. Trying to pin down the crash site was a tremendous challenge. When it became apparent that the helicopter was not near the local airport from which it departed,the three highly-trained TCOs began making calls to surrounding agencies, PDs,Galveston County and Harris County Sheriff's Offices, Emergency Management Service, Fire Departments, Department of Public Safety, and Hobby Airport. All this took only 21 minutes from the initial call to locate the crash! Congratulations to Karen, K.C., and Stephanie on this Award of Merit Recognition! 07/11/05 2347 Mr.Cox reported on the Fourth of July festivities and stated the City of Friendswood once again hosted a great celebration of our nation's birth and heritage on July 4, 2005. The morning parade saw over 135 entries, which included a number of multiples within some of the entries like antique vehicles,bicycles,and fire trucks. There is has no good way of estimating the size of the crowd at the parade, but Community Services Director Jon Branson reported that the City bussed 8,000 people to and from Centennial Park for the evening program. Many people walked in from surrounding neighborhoods, so the City did have a great crowd for that performance. The City appreciates the work of the Fourth of July Steering Committee, Jon Branson and his Community Services Staff for the exceptional work they did on this celebration. ACTION ITEMS **Councilmember Goza moved to approve action regarding the Financial Advisory Services Agreement with Dain Rauscher, Inc., and authorizing the Mayor to execute documents. Seconded by Councilmember Smith. The motion was approved unanimously. **Councilmember Smith moved to approve action regarding the Schedule of Events for the sale of General Obligation Bonds. Seconded by Councilmember Measeles. The motion was approved unanimously. **Councilmember Ewing moved to approve action regarding authorizing the Mayorto execute a Deed for25% of 9.5455 acres at FM 2351 and Hope Village Road on behalf of the entities concerned, pursuant to foreclosure sale by Perdue, Brandon, Fielder, Collins & Mott, L.L.P., delinquent tax attorneys for the City of Friendswood. Seconded by Councilmember Measeles. *"Councilmember Peden moved to table action on the 9.5455 acres of land. Seconded by Councilmember LeCour. The motion was approved unanimously ""Councilmember Ewing moved to approve action to authorize and direct the City Attorney to prepare a resolution and an ordinance adopting a policy that prohibits the use of eminent domain for economic development purposes unless approved by a super majority of City Council, and prohibiting initiation of any eminent domain proceeding until after Council consideration of the above described resolution. Seconded by Councilmember Goza. The motion was approved unanimously. Councilmember Ewing left the meeting at this time. ORDINANCES **Councilmember LeCour moved to approve the First reading of Ordinance No. T2005-18, An Ordinance of the City of Friendswood, Texas, establishing a curfew for persons under the age of 17 years between the hours of 12:01 A.M. and 5:00 A.M.on any day of the week and between the hours of 9:00 A.M.and 2:30 P.M. for school-aged children on school days; providing it unlawful for any person subject to a curfew hereunder to knowingly permit, or by insufficient control allow, such person to remain in any public places or on the premises of any establishment within the Ciry of Friendswood during the curfew hours; providing it unlawful for any parent or guardian of a person subject to a curfew hereunder to knowingly permit or by insufficient control, allow such person to remain in any public place or on the premises of any establishment within the city during curfew hours; providing it unlawful for any person owning, operating, or in the employment of any establishment within the city to knowingly allow a person subject to the curfew hereunder to remain on the premises of such establishment during curfew hours; providing defenses to prosecution for violations hereunder; providing an effective date; providing a penalty of an amount not to exceed$500.00 for each day of � 07/11/05 2348 violation of any provision hereof; making certain findings; repealing Ordinance No. 2002-14, passed and approved the 15 day of July, 2002, and all other Ordinances or parts of Ordinances inconsistent or in conflict herewith; and providing for severability. Seconded by Councilmember Goza. The motion was approved 6-0. *'`Councilmember Goza moved to approve the First reading of Ordinance No. T2005-20, 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 0.3788 acre tract of land located at 206 E. Shadowbend from Multi-Family Residential—Medium Density(MFR-M)to Multi-Family Residential— Low Density(MFR-L); providing for the amendment of the City's official zoning map; providing a penalty in an amount not to exceed$2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Peden. The motion was approved 6-0. **Councilmember Smith moved to approve the First reading of Ordinance No. T2005-21, 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 3.1940 acre tract of land within the city from Neighborhood Commercial(NC)to Community Shopping Center(CSC), such tract also being Reserve B, Park 518 Subdivision, in the Sarah McKissick League, Abstract No. 151, Galveston, County, Texas; providing for the amendment of the City's official zoning map; providing a penalty in an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Measeles. The motion was approved 5-1 with Councilmember Peden opposed. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember LeCour reported there were a lot of positive comments on the Fourth of July festivities, impressed with all that was done to assure smooth Fourth of July celebration, there are a lot of aerospace workers in the community and reported that the shuttfe�s scheduled to fly on Wednesday July 13,and please keep all those flying the shuttle in prayers. Councilmember Goza reported he attended the Fourth of July festivities, recognized the Fourth of July Steering Committee, and attended several Council retreats, which were very beneficial. Councilmember Smith reported he attended the Fourth of July festivities, outstanding celebration, thanked those who drove the buses, record number of 8,000 attended and well coordinated. He also attended Council retreats and Planning &Zoning Commission meeting last Thursday. Councilmember Peden asked for prayers for Wayne Gargrave,a neighbor in Eagle Lakes,asked questions of City Manager,thanked Council for legislation tonight regarding eminent domain, urged citizens to continue to be involved,thanked the Mayor for letting Council dialogue with citizens on this agenda and thanked Mayor for allowing him the honor of speaking at the Fourth of July nighttime festivities. Councilmember Measeles reported that the Fourth of July festivities and steering committee were tremendous, thanked Councilmember Peden for his very moving speech at the Fourth of July night time program and reminded all of the Community Prayer Breakfast this Saturday. Mayor Brizendine reported he attended some of the same meetings, met with Councilmember Peden, missed the Fourth of July festivities for first time in 22 years because he was out of town with family, heard a lot of positive responses for Councilmember Peden's speech,which was very short and passionate and nevertake 07/11/05 2349 for granted, at Fourth of July festivities, owe a lot to committees and to City employees who worked that day and thanked them. Councilmember Smith reported there were congregational visitors at the parade and recognized the Police Department for a job well done. Mayor stated that Councilmember LeCour was right in remembering the shuttle and right to keep them in our prayers. CONSENT AGENDA **Councilmember Smith moved to approve the Consent Agenda as presented. A. Authorize the Mayor to execute a contract with Joiner Partnership, Inc.,for RFQ 2005-01 for Architectural and Engineering Services for design of Fire Station#4. B. Report of Capital Projects Payments. C. Approve Minutes of June 6, 2005 Regular Meeting, June 8, 2005 Special Meeting, June 20, 2005 Regular Meeting and June 23, 2005 Special Meeting. Seconded by Councilmember Measeles. The motion was approved 6-0. A motion was made and approved to adjourn at 8:34PM. . -�L-f` LLi � Mayor Kimball W. Brizendine Attest: o� fa���°�' e � �'-' S t� OO DELORIS MCKENZIE, RMC * t CITY SECRETARY ar�rF � �+�'