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HomeMy WebLinkAboutCC Minutes 2005-07-25 Regular 07/25/05 2352 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( JULY 25, 2005 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JULY 25, 2005, AT 7:00 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 JOHN LECOUR COUNCILMEMBER CHRIS PEDEN COUNCILMEMBER MEL MEASELES CITY ATTORNEY JOHN OLSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE Councilmember Goza was absent from the meeting. Mayor Brizendine called the meeting to order. 7:00 PM — REGULAR SESSION The Invocation was given by Pastor David Ruzicka from CrossCreek Community Church. Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas. SPECIAL RECOGNITION AND ACKNOWLEDGEMENT Mayor Brizendine presented a proclamation for the fifth Community Spirit Award to Marjorie Lowe for her contributions to the City over the many years. Ms. Lowe received a bouquet of roses and a standing ovation. Mr. Craig Lonon, City Manager of Cedar Park and past President of the Texas City Management Association (TCMA), presented City Manager Ron Cox with the Lifetime Achievement Award for 27 years of service as a City Manager. Mr. Cox thanked Mr. Lonon for the presentation and stated it was an honor to serve. Mr. Cox received a standing ovation. COMMUNICATIONS FROM THE PUBLIC **Councilmember Peden moved to suspend the rules regarding dialogue between citizens and City Council from the Rules of Procedure Seconded by Councilmember Measeles. The motion was approved 6-0. **Councilmember LeCour raised a Point of Order, citing that he does not see where this dialogue is not allowed in Rules of Procedure unless it is not an agenda item, stated he will submit to his legal counsel and asked that the Rules of Procedure be amended as soon as possible. The Mayor delayed a decision until all Council would be present. The Mayor asked for clarification on allowing citizens to speak on 1501 Winding Way rezoning. 07/25/05 2353 City Attorney John Olson responded that the Public Hearing is closed. In order to allow citizens to speak, Council would need to reopen the proceedings and reschedule a Public Hearing. If citizens were allowed to speak on rezoning, it would invalidate the previous Public Hearing. Don Johnson, 810 Myrtlewood, addressed Council and stated he would like to present and speak regarding a handout, asked Council to deny all funding to the Galveston County Consolidated Drainage District (GCCDD) until a complete audit is done, and comments should not reflect on Mr. Benny Baker, Position 5 and Secretary of GCCDD, and presented pictures of various areas of the creek Councilmember LeCour asked if Mr. Johnson had received any comments from the Drainage District. Mr. Johnson stated that there has been no response from the Drainage District, his residential area is known as "the plug that keeps Clear Creek from flooding, and has lived at his residence since 1999. Councilmember Peden asked if Mr. Johnson has seen a difference when dams are in place. Mr. Johnson stated that he did see a difference when there were obstructions in Clear Creek, more recently with the dams that were built, water came way out of the creek, makes a significant difference to those residences in the area. Councilmember LeCour stated the pictures sent to Council show erosions during the last rain. Mr. Johnson stated he is a proponent of cleaning out the creek, stated the pictures presented this evening showing a lack of clearing from desnagging. Councilmember Ewing asked for clarification on the reconfiguring of Clear Creek. Mr. Johnson stated if the banks are to be maintained, GCCDD would need to slope creeks, none of the classes he has attended suggested vertical sides, if there are vertical sides need to address the issues for maintenance purposes. Fred Krch, 209 Dawn, addressed Council and stated he is a 40-year resident of Friendswood, asked what Council intends to do with Lake Friendswood and Windemere Park, stated his thoughts as to why the City did not purchase the 5 acres of the lake some years ago, asked about appointing a committee to look at the lake, suggests putting information in Focus on Friendswood newsletter, would ask for article as to what to do with the lake and pictures of it. Mayor Brizendine stated that he agrees that Lake Friendswood is a jewel and a special body of water, hopes someday in the future to develop the property or have it developed as a water park to enhance the other parks, however there are other funding priorities for other parks amenities, some of dedicated park funding is to upgrade other parks, Galveston County is looking for park development in the northern part of the County, there is a lot of movement and a lot of consideration, stated he offers these comments in general as the City continues to look into partnering with the County and League City, there are concerns for the City regarding liability due to access to Lake Friendswood, can overcome these barriers but at this particular time there is no plan to reopen this park. Mr. Krch stated that the excuse of liability is a bunch of crap. The Mayor stated that an agreement would not be reached at this time. Councilmember Measeles stated that having served on the Tourism Council, he recognizes that Lake Friendswood is a jewel and shares Mr. Krch's thoughts on appointing a committee for the Parks Board to begin looking into it, need to start looking at this opportunity, stated that the City cannot sell the lake, it would have to be approved by voters. 07/25/05 2354 Councilmember Peden stated that he appreciates Mr. Krch's dedication and passion and hopes that Council can grasp the same opinion. Mr. Krch stated that there is access to the lake 250 feet from the pavement and people are going to the lake using a path off Viejo Drive. Councilmember Smith stated that Mr. Krch's input has not gone unnoticed. Councilmember LeCour stated that he also considers this lake to be a jewel and would encourage the City to study the development possibilities, has driven out to try to look but was reluctant to walk out on the property and is very interested in seeing the lake. Councilmember Ewing stated that she was disappointed that Mr. Krch did not bring more photos of the lake, as an officer of the Tourism group, would like to see something done regarding as soon as possible. Mr. Krch stated that he has a varied background, would volunteer to serve on this committee and understands the hazards of a waterway. Bill Wood, 420 Falling Leaf, addressed Council and stated he would like to speak about priorities and frustration regarding heavy garbage collection and debris collection or green waste, stated that he is a senior citizen and cannot get out in the heat to chop up branches into bundles, presented pictures, stated he spoke to Staff and advised that the garbage provider does not have a truck for this type of pickup, contacted IESI and was advised that limbs could be picked up for a $50 fee, addressed fallen tree on City right-of-way that has been laying on City property for a long period of time, asked why he cannot get his trash picked up and why the City cannot get its own trash picked up or lots mowed. City Manager Ron Cox responded to the garbage pickup contract, does not have a contract to pickup heavy trash, could re-bid the contract, which would increase cost for this type of pickup, provided documentation to Council regarding other cities'trash pickup. Councilmember Ewing asked about monthly garbage fees. Mr. Cox advised Friendswood garbage fees are $9.25 and Alvin's is $11.25, listed other cities that do require limbs to be tied and bundled. The Mayor suggested the City solicit some numbers from the contractor and see what the fees would be to have this type of pickup. Councilmember Measeles stated that he shares some of the frustrations and concerns as a senior citizen regarding bundling, understands liability for workers and thinks the City needs to look at this problem. City Manager Ron Cox spoke about mowing of buyout lots; stated the city has a contract in place for mowing grass, because of costs associated to maintain the vast portion of 136 lots, which are mostly in neighborhoods, to cut down costs, only the fronts of the lots are mowed, the City budgeted $30,000 annually to mow fronts of lots, but it would double the cost to mow the entire lot, does not know about a tree down on city property, if the tree is still there he will look into. The Mayor has been looking at other issues as it relates to seniors or physically handicapped and it may be time to look into some help. Councilmember LeCour asked if the trash was still on Mr. Wood's property, with Mr. Wood replying yes. Councilmember Measeles talked about the City's annual Fall Haul-a-Day and Spring Haul-a-Day at the park and that it was a general way to clean up by bringing heavy items to the park. 07/25/05 2355 Mr. Wood stated that IESI advised him that other cities do not have this service either, may be time to get a provider that can give this service. Mark St. Cyr, 105 Prairiewilde, addressed Council and stated he has lived in Friendswood for 43 years, it has been two weeks and still has not heard anything about progress regarding the drainage plans for FM 2351, new development has created more flooding with some homes close to flooding, basically need three culverts and asks for help to alleviate this problem. The Mayor stated he will have the City Manager contact and set up meeting with the Mayor to discuss update. Don Seyfert, 2304 Old Road, addressed Council and stated he would like to thank Council for stepping up to the plate with the passing of the resolution on the agenda this evening regarding Eminent Domain. Mayor Brizendine reminded Council that the ultimate goal is to have the Charter changed so that this will not impact other citizens. Carolyn Sherman requested to address Council regarding 1501 Winding Way and stated she is one of the four co-owners of this property, would like the matter settled, stated they have not been afforded the opportunity to refute statements made regarding the property. The Mayor stated that discussion on this topic could not be allowed as the rezoning Public Hearing has been closed to receive public input on this project. City Attorney John Olson agreed that it would be inappropriate. Don Beeth, 5303 Whittier Oaks, addressed Council and stated he would like to speak regarding the rezoning process, stated the public needs an opportunity to respond and to be heard, discussed rule breaking and referred to the 2�d Commandment and made several comparisons, some ways to deal with laws that are in question. Rusty Burkett, 301 Charleston, addressed Council and stated that he appreciated dialogue that is being allowed from Council, appreciated the Public Hearing process and thanked Council for that process. CITY MANAGER'S REPORT City Manager Ron Cox spoke about this year's National Night Out. Friendswood Police and Fire Departments are participating in National Night Out, Tuesday, August 2, 2005. This is the 22�d year for the nationwide event and Friendswood has been participating for more than 12 years. The event is a method for neighbors to gather and get to know each other in an effort to combat crime. The general premise being that if neighbors get to know one another, they will be aware of who or what is out of place in their neighborhood, and will call police to report suspicious activity. Officer Kevin Crouch is coordinating activities with at least eight Friendswood neighborhoods including visits from members of the Police and Fire Departments. Crime prevention information, educational handouts, and giveaways for children are being provided. The local event is also registered with the National Association of Town Watch. City Manager Ron Cox also spoke about Nation Incident Management System (NIMS). On February 28, 2003 President Bush issued Homeland Security Presidential Directive-5. HSPD-5 directed the Secretary of Homeland Security to develop and administer a National Incident Management System (NIMS). NIMS provides a consistent nationwide template to enable all government, private sector and nongovernmental organizations to work together during domestic incidents. NIMS is a comprehensive, national approach to incident management that is applicable at all jurisdictional levels and across functional disciplines. Currently the City of Friendswood Police, Fire Marshal's Office, and Fire Department utilize the Incident Command System (ICS) and the National Management System. HSPD-5 requires federal departments and agencies to make the adoption of NIMS by State and local organizations a condition for federal 07/25/05 2356 preparedness assistance (grants, contracts, and other activities) by FY2005. Governor Perry issued Executive Order RP 40 on February 23, 2005 adopting NIMS as the statewide system to be used for emergency prevention, preparedness, response, recovery and mitigation activities, as well as in support of all actions taken to assist local entities. The City of Friendswood City Council adopted NIMS on February 21, 2005. Training is part of the NIMS requirement. ALL responders and ALL personnel that will have a role in the Emergency Operations Center (EOC) will require the completion of a FEMA independent study course, IS 700 NIMS Awareness Course. This means that most of the staff, and all the Council Members should take this Internet-based training. Some ICS courses will provide credit for this training. The Fire Marshal's Office/Office of Emergency Management will be assisting in this training. A three-hour training course, which will include taking the test online, will be offered by the FMO/OEM. This training will be conducted in the EOC. The initial round of NIMS training was held July 20, but additional training opportunities will be scheduled in August. ACTION ITEMS **Councilmember Measeles moved to approve the appointments/re-appointments to Group A Boards, Committees, and Commissions: Planning and Zoning Commission — re-appointment of Jim Gibson and Roy Klusendorf; Zoning Board of Adjustment — re-appointment of Ron Decker, David O'Brien III, Steve Joiner and Elisabeth Wagner, and appoint Deirdre Cary Brown; Community and Economic Development Committee — re-appointment of Dr. Rebecca Hillenburg (filled unexpired term of Kevin Candee), Gary Harris and Tony Banfield, and appoint Ed Sebesta; Library Advisory Board—re-appointment of Mrs. Ruth Lay, Mark Lasch, Mrs. Elizabeth Finger and Stephen Huffman; Construction Board of Adjustments and Appeals— re-appointment of Selwyn Thint (filled unexpired term of Tom Burke), Terry McHugh, Monique Hammett and Tom Rives. Seconded by Councilmember Peden. The motion was approved 6-0. **Councilmember Measeles moved to approve the negative recommendation from the Planning and Zoning Commission for a zone change request from Single-Family Residential (SFR) to Office Park District (OPD) for 2.147 acres at 1501 Winding Way. Seconded by Councilmember Smith. ***Councilmember LeCour raised a Point of Order, feels that comments should be taken, and the subject debated more. Mayor Brizendine stated discussion can be held at this time following the motion and second that had been made. *****Councilmember LeCour moved to table the main motion to accept a negative recommendation from the Planning and Zoning Commission Seconded by Councilmember Peden. Motion failed 2-4 with Mayor Brizendine and Councilmembers Ewing, Smith and Measeles opposed. ******Councilmember Smith moved to amend the main motion to grant an additional 30 days before enforcement action is taken. Seconded by Councilmember LeCour. *******Councilmember Peden moved to amend the main motion to grant 45 days before enforcement action is taken. Seconded by Councilmember Measeles. The motion was approved 6-0. ********The main motion, as amended, was approved 6-0 Mike Darlow with Perdue, Brandon, Fielder, Collins & Mott, L.L.P. provided clarification as to the process for sale of property relative to delinquent taxes. 07/25/05 2357 **Councilmember Smith moved to authorize the Mayor to execute a Deed for 25 percent 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., the delinquent tax attorney for the City. Seconded by Councilmember Measeles. The motion was approved 6-0. RESOLUTIONS **Councilmember Ewing moved to approve Resolution R2005-22 — A Resolution of the City of Friendswood, Texas, adopting a policy designed to limit its power of eminent domain, as it applies to acquisitions for the purposes of economic development, except in extreme cases where public health and welfare are at risk, and then only upon the affirmative vote of 6 members of City Council; directing that Staff prepare an ordinance effecting the policy adopted hereby; prohibiting the placement of any item initiating an eminent domain proceeding on a City Council agenda until consideration by City Council of an ordinance adopting the policy established hereby; and containing other matters relating to the subject. Seconded by Councilmember Smith. The motion was approved 6-0. ORDINANCES **Councilmember Smith moved to approve the Second and Final 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 City 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 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 Peden. The motion was approved 6-0. **Councilmember Peden moved to approve the Second and Final 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 Smith. The motion was approved 6-0. **Councilmember Measeles moved to approve the Second and Final 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 07/25/05 2358 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 Smith. The motion was approved 5-1 with Councilmember Peden opposed. **Councilmember Ewing moved to approve the First reading of Ordinance No. T2005-22,An Ordinance of the City Council of the City of Friendswood, Texas, adopting a policy designed to limit the City's power of eminent domain, as it applies to acquisitions for the purposes of economic development, except in extreme cases where public health and welfare are at risk, and then only upon the affirmative vote of 6 members of City Council; and containing other matters relating to the subject. Seconded by Councilmember Peden. The motion was approved 6-0. COMMUNICATIONS FROM MAYOR AND COUNCILMEMBERS Councilmember Measeles stated he had no report. Councilmember Peden reported that he attended the Galveston County Mayors' and Councilmembers' Dinner, Councilmember Measeles did an excellent job as acting Chair for this meeting, congratulated the Lowe family and thanked the Mayor for honoring Marge Lowe, congratulated City Manager Ron Cox for his award, looks forward to participating in the Lake Friendswood Bass tournament with Fred Krch someday, stated that dialogue does happen at retreats and workshops, applauds citizens for being here and thanked Council for conversing with the public, and further stated this is a good Council. Councilmember Smith reported he would like to congratulate the Lowe family and City Manager Ron Cox for his award. Councilmember LeCour reported he would like to also congratulate the Lowe family and stated he appreciates Ron Cox and the cooperation to Council from Staff, appreciates the welcoming to Council that has been given to him and asked everyone to remember shuttle launch in their prayers. Councilmember Ewing reported that she attended the Community and Economic Development Committee meeting and discussion regarding Main Street Entryway Overlay District/Downtown Overlay District, congratulated Ron Cox for his award and said that he is very deserving, thanked the citizens in attendance for a very good dialogue, recognized Senior Citizens for their SPARK Scholarship program, recognized the Methodist Church for their angel food program, stated that Councilmember Smith did a great job at the Community Prayer Breakfast and 4th of July, Councilmember Peden's speech at the night program was wonderful, attended the EcoTourism meeting, and would like to have a workshop to discuss senior taxes. Mayor Brizendine made comments regarding open government, stated that Staff has worked to be proactive instead of reactive, many meetings held with citizens, exchange of citizens before Council, very new to process, want to do this, it is an evolution process and to know where the boundaries are, thanked City Attorney John Olson for being proactive and more accessible to Staff, thanked Mr. Olson for his expertise and direction, stated the celebration of Marge Lowe is so deserving and that we must celebrate those that contribute in large and small ways, need to continue to do that, so if there are those out there that need to be recognized, please pass names on to the Mayor's office. CONSENT AGENDA Councilmember Smith moved to approve the Consent Agenda as presented. A. Authorize the Mayor to execute documents accepting the Victims of Crime Act (VOCA) grant award. B. Report of Capital Projects Payments. C. Approval of June, 2005 Property Tax Report. D. Approve Minutes of July 7, 2005 Special Meeting and July 11, 2005 Regular Meeting. Seconded by Councilmember Ewing. The motion was approved 6-0. 07/25/05 2359 A motion was made and approved to adjourn at 9:36 PM. �/ � ayor Kimball . Brizendi e Attest: � �►�� f R'Ek�� , � ' V �O Deloris McKenzie, TR C � City Secretary * * d� l�qr� � �+�