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HomeMy WebLinkAboutCC Minutes 2005-10-03 Regular 10/03/05 2385 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( OCTOBER 03, 2005 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, OCTOBER 03, 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 (arr. at 5:07 PM) COUNCILMEMBER LAURA EWING COUNCILMEMBER JOHN LECOUR COUNCILMEMBER TRACY GOZA COUNCILMEMBER CHRIS PEDEN COUNCILMEMBER MEL MEASELES CITY ATTORNEY JOHN OLSON CITY MANAGER RON COX (arr. at 7:00 PM) ACTING CITY MANAGER ROGER ROECKER CITY SECRETARY DELORIS MCKENZIE Mayor Brizendine called the meeting to order. 4:30 PM —WORK SESSION Discussion was held regarding the United States Army Corps of Engineers (USACE) National Economic Development (NED) Report on Clear Creek. Steve Fitzgerald from Harris County Flood Control District gave a presentation on the proposed project. Bob Heinly with USACE gave a presentation regarding the first of two phases of the revised plan for improvements to Clear Creek. Discussion was held regarding a presentation from the Community and Economic Development Committee (CEDC) on Community Outreach Program. Kirk Lippert, Chairman of CEDC gave a PowerPoint presentation regarding the build-out and economic growth of the City. Discussion was held with West Ranch Management District Board Council appointees Stephen Huffman and Don Beeth regarding Council expectations. 7:00 PM — REGULAR SESSION The Invocation was given by Pastor Rick Austin from Friendswood Baptist Church. Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS Councilmember Smith read a proclamation designating September as Leukemia and Lymphoma Awareness Month to elevate awareness of the estimated 60,500 people killed each year in the United States alone, by these deadly diseases. The Mayor also hopes to encourage education and understanding of blood-related cancers, support for funding, research and volunteering. Mayor Brizendine has previously presented five Community Spirit Awards to commendable citizens. The previous award winners are Byron and Carol Fulk, Joycina Baker, Wayne Robinson, Hazel Johnson, and Marge Lowe. Mayor Brizendine presented the 6th Community Spirit Award to John and Doris Heard. Mr. and Mrs. Heard have been active volunteers in the Friendswood community for many years. 10/03/05 2386 Mayor Brizendine presented Alan Rasmussen of the Chamber of Commerce with a proclamation for Chamber of Commerce week. The Chamber of Commerce was formed on May 8, 1964, and has been a foundation of the community since then. October is the Chamber's membership drive month and the theme is "We want you to join the Chamber". The goal of this month-long drive is to encourage more local businesses to become part of the Friendswood Chamber of Commerce. The week of October 10 has been declared "Chamber of Commerce Week". COMMUNICATIONS FROM THE PUBLIC Jennifer Hall, United States Marine Corps, presented the City with a United States Flag that was flown over Camp Taqaddum, Iraq on September 11, 2005. David Dannemiller, 1314 Piney Woods, addressed Council regarding the mandatory evacuation. Joe DeBonis, 418 Oak Vista Drive, addressed Council to compliment the City Staff and Police Department for the fine job they did during Hurricane Rita. Kathy Rogers, 207 Charleston, addressed Council regarding the nomination to the Board of Directors of the Galveston County Central Appraisal District (GCCAD). COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Alan Rasmussen from Friendswood Chamber of Commerce gave the Chamber's Annual Report. Jim Reinhartsen, President of Bay Area Houston Economic Partnership (BAHEP) gave BAHEP's Annual Report. CITY MANAGER'S REPORT City Manager Ron Cox reported that the Friendswood Senior Citizen Program, in a joint endeavor with Kroger grocery store, is offering a scholarship for continuing education to a local senior citizen. The scholarship is funded with money earned from seniors using their Kroger Share Shopping Cards, and the winner is selected by the Senior Citizen Advisory Committee. The recipient of the First Annual Spark Scholarship, Yolanda (Judy) Tijerina-Lindsay, will be present to accept her scholarship award, as well as Kristine Schaffner, Senior Program Manager, and several Advisory Committee members. City Manager Ron Cox reported that the City of Friendswood was the first city in the State of Texas and one of the first in the country to receive approval from FEMA for the All Hazards Mitigation Plan. This plan was developed as a result of a requirement by the State and FEMA that all cities develop an all- encompassing plan. Following Tropical Storm Allison in 2001, the City began developing a Hazard Analysis and Mitigation Plan for the community. City Manager Ron Cox appointed a Mitigation Planning Committee, who worked with the City's consultant, Halff Associates, Inc., to bring the final Plan to City Council for approval. It was adopted on January 6, 2003 by Council and approved by FEMA on September 24, 2003. In order to be funded with federal funds from FEMA, the plan has to be updated and approved every five years. The Action Items of the Plan are reviewed on an annual basis. This is the second annual review, the first being September 2004. The City will do this work in-house, so there should be minimal costs associated with this work. City Manager Ron Cox reported that at the time of the writing of this agenda memo, he did not have anything further to report on Hurricane Rita. He placed this on the agenda for discussion, should it be needed. 10/03/05 2387 RESOLUTIONS **Councilmember Smith moved to nominate Jerry Ericsson to the Board of Directors of GCAD. Seconded by Councilmember Measeles. The motion passed unanimously. ***Councilmember Peden moved to nominate Shannon Kimmel to the Board of Directors of GCAD. Seconded by Councilmember LeCour. The motion passed 5-2 with Mayor Brizendine and Councilmember Smith opposed. ****Councilmember Smith moved to approve Resolution R2005-29 — A Resolution of the City of Friendswood, Texas, Galveston/Harris Counties, submitting a nomination to the Board of Directors of the Galveston Central Appraisal District (GCAD) for 2006-2007 of Jerry Ericsson and Shannon Kimmel. Seconded by Councilmember Measeles. The motion was approved unanimously. **Councilmember Ewing moved to approve Resolution R2005-31 — A Resolution of the City of Friendswood, Texas, hereby designates Councilmember Tracy Goza as Representative and Councilmember Chris Peden as Alternate to the Houston-Galveston Area Council 2006 General Assembly. Seconded by Councilmember Smith. The motion was approved unanimously. **Councilmember Measeles moved to approve Resolution R2005-32—A Resolution of the City Council of the City of Friendswood, Texas, extending the disaster declaration issued by Mayoral Proclamation on September 20, 2005 in response to Hurricane Rita. Seconded by Councilmember Smith. The motion was approved unanimously. ORDINANCES **Councilmember Measeles moved to approve Ordinance No. T2005-27, An Ordinance approving and adopting the City of Friendswood, Texas, General Budget for the fiscal year 2005/2006; making appropriations for the city for such fiscal year as reflected in said budget, and making certain findings and containing certain provisions relating to the subject. Seconded by Councilmember LeCour. ***Councilmember Peden moved to amend the main motion by reducing the Council budget $25,000, to remove the Project Manager Position $90,500, reduce IT capital budget $25,000, reduce Renwick Park lighting $150,000, increase fuel budget $30,000 for a total reduction of$325,625. Seconded by Councilmember LeCour. The motion failed 3-4 with Councilmembers Peden, Goza and LeCour for and Mayor Brizendine and Councilmembers Ewing, Smith and Measeles opposed. ****The main motion was approved unanimously. **Councilmember Ewing moved to approve the Maintenance and Operation tax rate of $0.5243/$100 evaluation. Seconded by Councilmember Measeles. The motion was approved unanimously. ***Councilmember Smith moved to approve the Debt Service tax rate of$0.0797/$100 evaluation. Seconded by Councilmember Goza. The motion was approved unanimously. ****Councilmember Smith moved to approve Ordinance No. T2005-28, An Ordinance providing for the assessment, levy, and collection of ad valorem taxes of the City of Friendswood, Texas, for the year 2005 and for each year thereafter until otherwise provided; providing the date on which such taxes shall be due and payable; providing for penalty and interest on all taxes not timely paid; and repealing all ordinances 10/03/05 2388 and parts of ordinances in conflict herewith. Seconded by Councilmember Measeles. The motion was approved unanimously. **Councilmember LeCour moved to approve Ordinance No. T2005-29, An Ordinance of the City of Friendswood, Texas establishing a limitation on taxes imposed by the city on the residential homestead of a person who is 65 years of age or older; providing for severability; and repealing all ordinances or parts of ordinances inconsistent or in conflict herewith. Seconded by Councilmember Goza. The motion was approved unanimously. **Councilmember Goza moved to approve Ordinance No. T2005-32, 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, providing that buildings and structures in the Community Shopping Center District (CSC), the Original Business District (OBD), and the Neighborhood Commercial District (NC) shall be subject to the exception allowing buildings and structures to have heights exceeding thirty-five feet (35') if fitting under an imaginary line that is not greater than forty five degrees (45°) at the property line from a horizontal line established at the minimum habitable floor elevation; providing that buildings over fifty feet (50) shall be permitted only pursuant to a specific use permit; providing that the minimum set back for buildings and structures in the Community Shopping Center District (CSC), the Original Business District (OBD), and the Neighborhood Commercial District (NC) that are over thirty five feet (35') in height shall be set back one-hundred (100) feet plus the building or structure height from the nearest property line of residentially zoned land; providing a penalty; and providing for severability. Seconded by Councilmember Smith. The motion was approved unanimously. **Councilmember Smith moved to approve Ordinance No. T2005-33, 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 amending Sections 7.f and 7.g thereof to remove the limitations on Office Uses permitted within the Community Shopping Center(CSC) and Neighborhood Commercial (NC) Districts; 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 Goza. The motion was approve unanimously. **Councilmember Smith moved to approve Ordinance No. T2005-34, An Ordinance amending City of Friendswood, Texas, Ordinance No. 2004-13, passed and approved the 16th day of August, 2004, same being "AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING THE ZONING ORDINANCE OF THE CITY, BY CHANGING THE ZONING CLASSIFICATION OF A CERTAIN 134 ACRE TRACT OF LAND, MORE OR LESS, FROM SINGLE- FAMILY RESIDENTIAL DISTRICT (SFR) TO PLANNED UNIT DEVELOPMENT — MIXED USE DISTRICT (PUD — MIXED USE), SUCH TRACT BEING SITUATED ALONG FM 528 AND CLEAR CREEK, HARRIS COUNTY, TEXAS," by deleting Exhibits "A" and "B" thereof and substituting therefor new Exhibits "A" and "B," by deleting the Land Use Summary set forth in Subsection "A" of Section 3 and substituting therefor a new Land Use Summary to be contained in Exhibit "B," as amended hereby, by changing the numerical acreage reference from "134" to "137.307" in Sections 6 and 7 thereof to reflect the territory subject to the terms of this ordinance, by adding a certain 3.836 acre tract to, and removing a certain 1.004 acre tract from, that portion of the Planned Unit Development District subject to the terms of this ordinance, and by providing a new boundary description for that portion of the Planned Unit Development District subject to the terms of this ordinance; providing revisions to the Master Site Development Plan; providing revisions to the Land Use Summary; providing other matters relating to the subject; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Goza. The motion was approved unanimously. 10/03/05 2389 COMMUNICATIONS FROM MAYOR AND COUNCILMEMBERS Mayor and Council made several reports on meetings that they have attended. CONSENT AGENDA **Councilmember Goza moved to approve the Consent Agenda as presented. A. Approve renewal of contract with Bay Area Houston Economic Partnership for economic development services. B. Approve Resolution R2005-30, 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 accepting eligible grant funds under the Texas Department of Transportation Traffic Safety Program Step Wave Grant for fiscal year 2006 ("Grant"); and authorizing the acceptance of such grant funding. C. Approve renewal of contract with Chamber of Commerce for economic development services. D. Approve Minutes of September 12, 2005 Meeting. Seconded by Councilmember Peden. The motion was approved unanimously. A motion was made and approved to adjourn at 9:45 PM. �, Mayor Kimball W. Brizendine Attest: � �.�� �R'ENO� $ ��L � v o D loris McKenzie, TR C City Secretary * * d �,tF OF '�+Q�