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HomeMy WebLinkAboutCC Minutes 2005-08-01 Regular 08/01/05 2360 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( AUGUST 01, 2005 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, AUGUST 01, 2005, AT 4:00 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 TRACY GOZA COUNCILMEMBER CHRIS PEDEN COUNCILMEMBER MEL MEASELES CITY ATTORNEY JOHN OLSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE Councilmember LeCour was absent from the meeting. Mayor Brizendine called the meeting to order. 4:00 PM —WORK SESSION Discussion was held regarding suspending the rules regarding dialogue between citizens and City Council. City Attorney John Olson presented a memorandum for discussion purposes. Councilmember Peden asked about the tone of the memo which appears that it is written to prohibit Council from dialoguing with speakers, differs with some of the way the rules are written, believes that what Council is doing now is completely permissible and asked for clarification regarding some of the wording. John Olson responded, stated there is a difference between Council deliberation and deliberation with members of the public, addressed the way a name appears on the agenda with subject matter, distinguished between Rules of Procedure and Roberts Rules of Order. John Olson addressed Council deliberation, discussed agenda item or topic of discussion, intent to allow public to dictate agenda items, would be controlling business of Council, not intent to have 150 citizens sign up to speak to Council, if a citizen is thinking about something seriously a week in advance, should honor that request, see it differently than someone signing up on Monday night, think should have as much dialogue as citizens want, citizens have a number of ways to have dialogue, either personally with Councilmembers, with City Staff, certain meetings and ultimately a Council meeting, Council and Staff has been very proactive in meeting those citizens needs, ample opportunity to provide information to Council and Staff, if a posted agenda item, if 150 sign up, obligated to listen to the citizens, 150 people can sign up and talk at any meeting but Council cannot talk because the public does not know the discussion is being held, non-agenda items is not the issue, it is the citizens that have signed up to speak prior to the agenda is posted, is that anytime someone wants to speak or is it when the Mayor or Mayor Pro-Tem sets the agenda, more worried when one person shows up 150 times. John Olson stated that it is easily written, anytime four people send in request to Council, then Council would control by affirming and then they would be placed on the agenda, citizens are only wanting an 08/01/05 2361 opportunity on certain occasions to be able to discuss with Council at meetings, need to be careful of Open Meetings Act violations, if just gathering information, does not violate those rules, chain of command should be used before Council is brought into the mix, concern should be given to the department or employee first, then if not resolved, to the City Manager and then to Council, Council just wants the right to ask questions, have to be careful with dialogue, can slip over the line easily, recent dialogue has helped the citizens, Council cannot debate issues with them, confusing to the public why Council can dialogue with those on the agenda and cannot with those that sign up at the meetings, if on the agenda would want backup material, change Rules and Procedures to allow for dialogue with citizens that are placed onto the agenda, Public Hearings speakers are different, could change up agenda and sign up card that better explains to the public what is allowed for communications with Council, would like for Staff to be more engaging with public questions if directed by Council, not about people about issues, Staff is speaking to Council, not to the speakers, speaking is to be directed to Council, allowing speakers at workshops to gather information would be optional, Council can ask for definitive information from the audience as needed, workshop is for information gathering for Council, discussed list that was provided. Discussion was held regarding creating a new rule for Executive Session issues, conduct of Mayor and Councilmembers, Secretarial Procedure, Voting, and Citizens' Right to Be Heard with some changes made. Council requested the City Attorney to prepare a Resolution as quickly as possible for consideration at the next meeting. Discussion was held regarding the West Ranch Utility District. Jeanie McDonald with McDonald & Sechrist, L.L.P. stated that the approved legislation contained language that stated the entity could sell un-limited bonds, does not know how this language got changed in the final bill, the City could have built in that if they go over 65 cents, the City would not authorize additional bond sales, discussed additional language regarding appointing future directors, the City approves the slate as presented by Friendswood Development Company (FDC) for three slots or until FDC brings forth a group that the City approves to create a slate of 5. Councilmembers Goza and Peden stated that they would prefer that the City not appoint any of the Board of Directors, responsibility of the City, the City does not have any liability except for political liability, directors are volunteer positions, a Councilmember cannot be appointed to this board, appointing procedure decision was made with the 2005 adopting legislation, could amend in the next Legislative Session in two years, the City has control over utility agreement, FDC agrees to provide the developer master land plan as attachment to the utility agreement, discussed market downturn not in the agreement, cannot guarantee this will not happen, project will be paid up front by the developer, to be paid back when bonds are sold, if not approved FDC would make decisions as to what portions of development will be built and what will not, asked about value of those things that will not be built, Commercial Town Center would add $22 million ad valorem property taxes, asked the City Manager to summarize information regarding dollar amount if certain amenities are not a part of the project, reviewed historical basis of this process and proposed development, density reduced from original zone from 2,300 to 1,500 residences with the rezoning of the property, reviewed and discussed the Utility Agreement and associated costs, discussed the wording change from 20 years to 30 years of bond issue came out of original discussion of Municipal Utility District (MUD)/Tax Increment Reinvestment Zone(TIRZ)/Special District, stretching this time frame out keeps the tax rate lower, reviewed list and can add to the list if under-spend bond funds and can change list if both parties agree, discussed list of commercial and parks area, sidewalks and lack of bike lanes, adopt consent Ordinance and Utility Agreement at the same time, appointment of two members should follow as quickly as possible, and discussed election deadlines. 7:00 PM — REGULAR SESSION The Invocation was given by Pastor Dennis Owens from New Life Assembly of God. 08/01/05 2362 Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas. SPECIAL RECOGNITION AND ACKNOWLEDGEMENT City Manager Ron Cox made a special presentation of the Five Star Spirit Award for the second quarter of 2005 to Randy Mason in the Community Development Department. Randy is the Building Official and has been employed with the City of Friendswood for a little over three years. Randy came to us from the City of League City and before that was in Colorado. As Building Official, Randy has worked hard to define a customer service culture for the department. He has worked hard to be as accommodating as possible to those who come in for permits or inspections, and yet Randy maintains the integrity of the rules and procedures we have in place. He has always acted in a courteous and friendly manner with anyone he meets or works with. We appreciate Randy and all he does for our citizens. JOINT DOCKETED PUBLIC HEARING Mayor Brizendine and Co-Chair of the Planning and Zoning Commission Jim Gibson called a Joint Docketed Public Hearing to order to receive comments from the public, either oral or written, regarding a request for a Zone Classification change for a tract of land containing 30,000 square feet at 306 West Edgewood, Commercial Reserve B of the Final Plat of Friends Knoll, from Community Shopping Center (CSC) to Planned Unit Development (PUD)/Specific Use Permit (SUP) — Mixed Use Commercial. Mayor Brizendine and Co-Chair of the Planning and Zoning Commission Jim Gibson called a Joint Docketed Public Hearing to order to receive comments from the public, either oral or written, regarding a request for a Zone Classification change for 21.77 acres, located at FM 518/FM 2351, from Multi-Family Residential-Low (MFR-L), Community Shopping Center (CSC) and Specific Use Permit-Church (SUP- Church) to Planned Unit Development (PUD)/Specific Use Permit (SUP) —Church and Related Activities (Friendswood United Methodist Church). Mayor Brizendine and Co-Chair of the Planning and Zoning Commission Jim Gibson closed this Joint Docketed Public Hearing. ACTION ITEMS **Councilmember Goza moved to approve the suspension of rules regarding dialogue between citizens and City Council pending amendment to Council Rules of Procedure. Seconded by Councilmember Peden. The motion was approved 6-0. COMMUNICATIONS FROM THE PUBLIC Don Seyfert, 2304 Old Road, addressed Council and stated he is not for or against the West Ranch development, made points that maintenance of drainage right-of-ways will be with Friendswood Development Company (FDC)/detention will go to the west side through Tributary 1, there is no easement through his property, City gave a letter to owner, stated that he would never have to do anything regarding drainage, would run with the land, will never sell property, oversize ditch stops at his property, City tried to give eminent domain to FDC and failed, if Joe Allen of FDC doubts this statement he should contact him personally. Jerry Winburne, 325 Overlook Drive, addressed Council and stated that the developer of the retention/detention ponds in his subdivision is moving quicker than thought, the original developer went bankrupt, is concerned with the pond, the pond is not constructed correctly, the depth of the pond needs to be decreased, the developer has not kept lake up because of the vegetation, the lake is becoming inundated with lilies and stuff, the developer agreed to dredge detention lake, it is a mud pit and a safety issue, surrounding homes will decrease in value, one citizen new to the community stopped the developer 08/01/05 2363 from proceeding, City can stop developer unless lake is cleaned out, if something is not done about this, the City will be hearing from the residents, attended the last Galveston County Consolidated Drainage District meeting and they said the agreement with the developer that he would have both ponds cleaned out. City Manager has talked to City Staff, believes that developer is required to clean out detention pond CITY MANAGER'S REPORT City Manager Ron Cox stated he had no report. COMMUNICATIONS FROM MAYOR AND COUNCILMEMBERS Councilmember Measeles reported that he attended the Clear Lake Area Council of Cities meeting and presented a program on Eco-Tourism. Councilmember Peden stated that he had no report. Councilmember Smith stated that he had no report. Councilmember Goza reported that he apologized for missing last week's Council meeting, and thanked Council for covering for him. Councilmember Ewing stated that she had no report Mayor Brizendine stated that he spent the day with 10-year-old Jacob Gruener, from Bales Intermediate, winner of the "Mayor for the Day" at the Wesfinrood Roundup, and stated it was quite an experience with Jacob asking a number of good questions. CONSENT AGENDA '`'`Councilmember Ewing moved to approve the Consent Agenda as presented with the exception of item C — Report of Capital Projects Payments. A. Authorize an Interlocal Agreement with neighboring cities for Debris Management Services for Emergency Management. B. Authorize the acceptance of a 10 ft. drainage easement between 16622 and 16626 Oxnard Lane to provide access for maintenance of the storm sewer pipe. D. Approve Minutes of July 18, 2005 Special Meeting. Seconded by Councilmember Smith. The motion was approved 6-0. Discussion was held regarding the wording of the Agenda Item for Item C and Council was assured that payments were not being authorized. '�*Councilmember Smith moved to approve Item C from the Consent Agenda— Report of Capital Projects Payments. Seconded by Councilmember Goza. The motion was approved 6-0. A motion was made and approved to adjourn at 7:32 PM. �� Mayor Kimball W. Brizendine 08/01/05 2364 � Fa�ENa Attest: �fl ��� v o . � * * Del ris McKenzie, TRMC d' � City Secretary �'�rE � �i'