Loading...
HomeMy WebLinkAboutCC Minutes 2006-07-24 Regular 7/24/06 2523 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( JULY 24, 2006 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JULY 24, 2006, AT 3:30 PM AT THE FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR DAVID SMITH MAYOR PRO-TEM CHRIS PEDEN COUNCILMEMBER LAURA EWING COUNCILMEMBER JOHN LECOUR COUNCILMEMBER JIM HILL COUNCILMEMBER JAY HORECKY COUNCILMEMBER MEL MEASELES CITY ATTORNEY JOHN OLSON ACTING CITY MANAGER ROGER ROECKER CITY SECRETARY DELORIS MCKENZIE Mayor Smith called the meeting to order. 3:30 PM —WORK SESSION Discussion was held with the Galveston County Consolidated Drainage District (GCCDD) regarding drainage. Councilmember Hill asked for an update on the FM 2351 drainage project, which is a long-term joint project with GCCDD. The City and TxDOT are participating in the project. Discussion was held regarding tributaries and associated costs of construction cost only and does not include easements, the preferred route for the drainage project is over$2 million dollars, the City has a letter of 15% commitment from TxDOT, the project is stalemated due to funding, possibly have both entities meet with the new District Manager regarding TxDOT funding participation for drainage which has an impact on the widening of FM 2351 project that cannot proceed without improved drainage, without easements cannot get equipment in to clean out the ditches on the south side of FM 2351 that causes flooding on the north side, have cleaned with chainsaws and hand equipment, some property owners are not receptive to selling easements, if unable to work through the issues of educating the property owners and gaining the necessary easements, consider eminent domain as a last resort. All agreed to set up a meeting as quickly as possible with TxDOT and begin preliminary discussions with property owners regarding the project and need for easements, possibly a meeting at City Hall, wants property owners to participate. Discussion was held regarding the Prairie Wilde drainage project and Staff confirmed this project is ready to proceed and funds are being requested in the next budget. Discussion was held regarding limiting the use of detention/retention ponds where sub-regional is available, action is scheduled for Council to take later in the agenda this evening to consider this limitation, discussed the four watersheds that traverse the City, discussion regarding Mustang Meadows drainage issues and easements, need those two ditches cleaned out and opened up and need to determine ownership either City of Friendswood or GCCDD properties. Discussion was held regarding tax collections for the City of Friendswood. Councilmember LeCour had requested that this be placed on the agenda for discussion purposes. Acting City Manager Roger Roecker stated he invited Friendswood Independent School District (FISD), Galveston County, Thomas Lee, an independent Tax Assessor-Collector, Clear Creek Independent School District (CCISD), and Galveston Central Appraisal District with FISD, Galveston County and Thomas Lee attending the meeting. The budget last year for FISD to collect taxes was $58,000. 7/24/06 2524 Cheryl Johnson, Galveston County Tax Assessor-Collector introduced Chief Deputies, Sherry Swift and Ken Laird, and presented a Tax Collection Services Proposal in the amount of $43,556.68 with a one- time conversion cost of current and delinquent rolls of $5,000 and additional cost for additional history and provide for additional services with estimates provided upon request, provided varying options regarding delinquent tax attorney, option to place a collection office in a City building with a secure office sufficient for Staff and records, rate of collection for the County is 97% collection rate,turn-around time for payments to the City, accrued interests if not paid daily, working on a 5 day turn-around, best of the world scenario would post deposits within 24 hours, asked about list of references, was asked if anyone moved tax collection services from the County to another collections service, with Ms. Johnson stating no, how many others are looking at consolidation, none at this time, others are asking about consolidation, additional fees for special projects such as refunds, discussion regarding FISD contract and renewal terms, process for changing over collection process if determined to change contract. Thomas Lee, an independent Tax Assessor-Collector, 5 Oak Tree in Friendswood (business address), lives in Pasadena, stated he has been in the tax business for 20 years, collects for 108 districts, most in surrounding counties, at this time collects for Municipal Utility Districts, posts on a daily basis, try to deposit daily or next day, turn-around time would be the same for the City and cost to collect looking at $3.00 per parcel, roughly $43,000, may be a small charge for conversion, would like to get 5-year history, list of references requested, was asked if anyone has moved their collection from his company, and reported Williamson County moved to the County Central Appraisal District for collection, local address would be available for collection, special fees if something extra, basically an hourly charge, may be small fee for conversion but usually not. Trish Hanks, FISD Superintendent, stated she is disappointed that there has been no dialogue to discuss this 20 year relationship, had hoped to sit down with all partners to discuss options, their primary business is educating children, if planning something now for 2006 would ask that the City move quickly so that they would have an answer, cost has been split at a pro-rata share, with the City paying more, the cost to GCCDD has been reduced this year with the total cost being reduced to about $48,000, contract with FISD as tax collector, partnership with FISD being fiscal agent with a contract, if City moves collection services, school tax office will continue to be open, was asked if this would save the school district money, Ms. Hanks advised no, contract in place until December 31, 2006, would have School Board consider breaking the contract, collection for the City and the Drainage District is a revenue source, would this be a revenue strain on FISD budget, FISD requested a meeting and was declined by the past City Manager, some Councilmembers did not remember this being declined, nothing precludes the school for contracting for tax collection which could be a savings to the District, FISD has not seen a Request for Proposal, would like to see additional discussion regarding this proposal, Ms. Hanks stated that no one has approached the District to have this discussion, a letter was sent to the City requesting a meeting and a formal vote in April by the Board of Directors was held and requested a formal written letter asking for meeting. Discussion was held regarding the elimination of certain committees. Councilmember Horecky asked that this be tabled for a later meeting except for discussion regarding the Downtown Zoning Committee, which was formed either as a sub-committee of the original Main Street Committee, which has been disbanded, or as a sub-committee of Planning and Zoning Commission, regardless, only Council has the authority to form committees. Councilmember Horecky stated he believes that any regulatory work done by a committee that has no legal standing is void and has potential liability if the City continues to let them meet. He further stated that this committee (sub-committee) must be eliminated immediately, that this was also the source of the confusion over earlier attempts to disband the Main Street Committee, this committee included members that were not members of Planning and Zoning Commission and that cannot be according to the Charter, asked to get clarification as to who can form committees according to the Charter and asked how this committee was formed, can sub-committees be formed with only members from the committee with the conclusion to come back before the committee, asked Council and City Manager to look at memo provided regarding committees for a later discussion. 7/24/06 2524 Discussion was held regarding the development of Lake Friendswood. Mayor Smith provided information regarding the development of Lake Friendswood, look at a partnership with Galveston County, League City and possibly the West Ranch Development, thinks there is great potential, could develop eco- tourism, suggested a plan from Parks and Recreation Board, thinks it is good for the City, is the deepest water in the area, pristine water, beautiful lake, thinks there is work to be done, has heard information regarding rip-rap and re-bar in the lake that is a danger and would need to mitigate, asked why the City cannot allow people to fish in the lake, Staff stated would not want to open it up if there is a safety issue from rip-rap and re-bar, if it is open for one has to be open to all, Police Department used to use it, access may be a problem and it may be a problem for five to ten years, Brittany Bay Boulevard will eventually provide access on the back side of the lake, possibly look at other options to cover the re-bar, would like to see it open on a limited basis, could place signs, "use at own risk," could allow limited use of the property, would need to look at budget to determine what the City could do on a limited basis, resurrect the Lake Windemere Committee and a consensus on how to mitigate the re-bar and associated costs and allow limited access, the re-bar is along all of the sides and is under the water, look at what is best for entire community and give dollar amount to committee to work with, find other sources of revenue, can build it in phases, could go ahead and get limited use, possibly have fishing piers and walking trails. Mayor Smith will meet with Staff to come up with a plan and bring it back to Council to get a starting point for consideration. Discussion was held regarding the Tax Increment Reinvestment Zone (TIRZ) analysis of the downtown area. Mayor Smith provided background information regarding a TIRZ analysis of the downtown area, Council has limited knowledge of TIRZ, does not want Council to be the bottleneck of the revitalization of downtown, asked if this is premature, provided examples of how a TIRZ would work for the downtown project, a TIRZ is a self financing mechanism for infrastructure for a specific area, could have a board appointed by the City, re-development will occur, can accomplish the same thing with tax abatement, apply to only certain businesses, believe will take significant incentive to attract someone to the downtown development, making aesthetic improvements could provide attraction to the downtown project, use TIRZ to make changes, aesthetic improvements, could reimburse businesses for making improvements within certain guidelines, drainage would qualify, could build public buildings, TIRZ is listed on the budget Supplemental Request list for$85,000 to look at if a TIRZ is feasible to set it up and if it is then a project plan developed and market the creation of a TIRZ, would be an outside consultant, support for streetscape and additional research. RECONVENE INTO OPEN SESSION 7:00 PM — REGULAR SESSION The invocation was given by Kaz Hamidian, Director of Public Works. Mayor Smith led the Pledge of allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Shannon Kimmel, 1 Falling Leaf Court, addressed Council and asked about Disaster Recovery Services regarding debris management monitoring, the management company to be approved in the Consent Agenda is from Orlando, there are local companies that could provide service, asked Council to be very careful. Daniel Illerich, 2876 Love Lane, addressed Council and read an editorial letter written by Heber Taylor from the Galveston Daily News into the minutes entitled, "Just Basic Management" regarding replacing the prior City Manager. 7/24/06 2525 Eugene Hammett, 15814 Bougainvilla, addressed Council and stated he is probably the only Master Electrician in town, problem about underground line, electrical inspector will not approve, cannot make a decision, says it is a violation of code, stated he is not an attorney but this difference could reach that level, has been two months now on this project, City advised him that the title of the document was not correct, changed title name to easement, cannot approve, it is in black and white that everything that is done is correct. Acting City Manager Roger Roecker responded that the power company advised that they could not approve, document was brought in but has not been filed for record with the County, the City Attorney is reviewing to see if documents can be transferable from one property owner to another. Penelope Burke, 613 Penny Lane, addressed Council regarding the elimination of certain committees, served as Chairman of Parks and Recreation Board and worked for seven years putting together a parks plan, very little money was budgeted for parks at that time, spoke about different projects and meeting with the public and a lot of interaction went on, will be a fundamental change if Council eliminates certain committees, asked Council to reconsider this thought and if it is proposed, feels the citizens are owed an explanation. ACTING CITY MANAGER'S REPORT Acting City Manager Roger Roecker reported on the Resource and Crisis Center of Galveston County Award. The Resource and Crisis Center of Galveston County will be honoring the Police Department later this week. The Friendswood Police Department, along with the Galveston County Sexual Assault Response Team, will be awarded the "Helping Hands Award" in recognition of their efforts on behalf of sexual assault victims in Galveston County. Acting City Manager Roger Roecker reported on the National Night Out. Friendswood Police and Fire Departments are participating in National Night Out, Tuesday, August 1, 2006. This is the 23rd year for the nationwide event and Friendswood has been participating for more than 13 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. Crime Prevention Officer Kevin Crouch is coordinating activities with at least 11 Friendswood neighborhoods that include 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. ACTION ITEMS **Mayor Smith moved to approve the City of Friendswood's participation in the Houston Coastal Safe Streets Task Force and authorize a Friendswood Police Officer be assigned to the Task Force. Seconded by Councilmember Peden. The motion was approved unanimously. Police Chief Bob Wieners introduced Willy Sessions and David Baker from the FBI Task Force, introduced program, if assigned, would provide overtime up to $15,000, car and cell phone. **Mayor Smith moved to approve a contract with Costello, Inc., for engineering services for the Master Drainage Plan, Phase II. Seconded by Councilmember Measeles. The motion was approved unanimously. **Councilmember Hill moved not to repeal Ordinance 2005-19, with an amendment to add the sentence, "this ordinance does not prevent trimming, pruning or removing their trees" nothing contained herein on residential properties by owners thereof and Section 5 Sub Paragraph F3 and Subsection iii on page 6 to remove words "and detention areas." Seconded by Councilmember Horecky. 7/24/06 2526 ***Mayor Smith moved to remove "not to repeal" from Councilmember Hill's motion. Seconded by Councilmember LeCour. Motion and second were withdrawn. ***The main motion, as amended, was approved 6-1, with Councilmember Peden opposed. **Councilmember Horecky moved to authorize an amendment be prepared to amend the codes and ordinances to require that sub-regional detention must be used where available at the current rate. Seconded by Councilmember Hill. ***Councilmember LeCour moved to table the main motion. Seconded by Councilmember Measeles. The motion to table failed 2-5, with Mayor Smith and Councilmembers Ewing, Hill, Peden, and Horecky opposed. ****The main motion was approved 6-1, with Councilmember Measeles opposed. **No motion was made regarding the inclusion of funding in the 2006-07 budget for the development of Lake Friendswood. **No motion was made regarding re-affirming Council's position that a ten percent tax refund be included in the budget process. **Councilmember LeCour moved to change the tax collection service provider from Friendswood Independent School District (FISD) to Galveston County Tax Assessor Collector. Seconded by Councilmember Peden. ***Councilmember Hill moved to table for further clarification. Motion failed for lack of a second. ****Councilmember Ewing moved to amend the main motion to remain in the FISD agreement until March 1, and ask for Requests for Proposal to consider changing tax collectors. Seconded by Mayor Smith. *****Councilmember Horecky moved to table the main motion. Seconded by Councilmember Peden. The motion to table was approved 6-1 with Mayor Smith opposed. RESOLUTION **Councilmember Horecky moved to approve Resolution R2006-20 - A Resolution of the City of Friendswood, Texas, Galveston/Harris Counties, endorsing the reappointment of five members and one appointment of a new member to a thirteen-member board to the Galveston County United Board of Health. Seconded by Mayor Smith. The motion was approved unanimously. ORDINANCES **Councilmember Ewing moved to approve the Second and final reading of Ordinance No. T2006-15, 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 deleting therefrom all of Subsection R of Section 7 and all of Section 7.5, same being, respectively, the provisions creating, and establishing rules and regulations for the Entryway Overlay District and the Downtown Overlay District, and by adding thereto a new Section 7.5; providing for the creation of the Community Overlay District("COD"); providing rules and regulations governing the use of land within the boundaries of the COD; 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 Peden. 7/24/06 2527 ***Councilmember Horecky moved to amend the main motion by changing page 2, 3rd paragraph, subsection H, to eliminate, page 3 paragraph 6 first sentence, delete entire paragraph and begin paragraph with Architectural Elements. Seconded by Councilmember Hill. The motion to amend was approved 5-2, with Councilmembers Ewing and Peden opposed. ****The main motion, as amended, failed 3-4, with Mayor Smith and Councilmembers Ewing, LeCour, and Measeles opposed. *****Mayor Smith moved to adopt the ordinance with no amendments. Seconded by Councilmember Ewing. The motion was approved 6-1, with Councilmember Horecky opposed. **Mayor Smith moved to approve the Second and final reading of Ordinance No. T2006-16, 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 deleting therefrom all of Subparagraph "B" of Paragraph 4 of Subsection J of Section 8 and substituting therefor a new Subparagraph "B"; providing that swimming pools shall be prohibited within a required front or side yard, but may be erected within that portion of a required rear yard that is not nearer than five feet from the rear property line; providing that swimming pool pump, filter, and heating equipment shall be prohibited within a required front yard, but may be located within a required side or rear yard if not nearer than five feet from a side or rear property line; 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 Measeles. The motion was approved unanimously. Action was taken under the Action Items portion earlier in the meeting to approve the First reading of Ordinance No. T2006-17, An Ordinance repealing City of Friendswood, Texas, Ordinance No. 2005- 19, passed and approved the 12th day of September, 2005, and being "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 moving the qualified tree list defining trees to be used to meet the requirements of this ordinance to the Design Criteria Manual; by changing the diameter of trees which meet the requirements of this ordinance for landscaping and buffer strips from a caliper of two inches to three inches when measured eighteen inches above the natural ground level; by requiring a tree survey showing the location of all trees having a trunk twelve inches or larger in diameter when measured at a point four and one-half feet from natural ground level to be submitted concurrently with or as a part of any development permit application, site plan, or plat for certain specified developments; by deleting therefrom the qualified tree list; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability." COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Peden reported on historical practice versus actual rules regarding process and power, reviewed examples of power in governing bodies, reviewed the Mayor's power of authority according to the Charter as applied to the appointment or reappointment of committee members, historical process, not saying wrong, needs to stick to the rules. Councilmember Measeles stated he had no report. Councilmember Horecky reported that he attended the 4th of July Steering Committee meeting, already planning for next year and conveyed job well done. Councilmember Hill stated he had no report. 7/24/06 252$ Counciimember LeCour reported that the City's website has new a listing that has maps, information on storm surge, flood plain, roads, boundaries, and stated this GIS system is really something to look at. Councilmember Ewing stated she would let Councilmember Peden lead the way on filibustering, when he stops filibustering, then the rest will follow suit. Councilmember Peden stated he heard great things about Public Education/Government Access (PEG) channel, but heard that the music was terrible and that the Council meetings were not included, attended Houston Galveston Area Council (H-GAC) and Galveston County Mayor and Council (GCM&C) meetings, and reported that Friendswood will host the September GCM&C at Hope Village and challenged Council to have 100% attendence for this meeting. Mayor Smith asked everyone to remember the loss of Alta Carbone Jamison, long time Tax Asseessor- Collector for FISD, made many contributions to this City and remember and appreciate her work, funeral services are Wednesday at Clayton Funeral Home at 10:OOam, please remember her and all that she did for the community. CONSENT AGENDA **Mayor Smith moved to approve the Consent Agenda as presented with the exception of Item A. Authorize the Mayor to execute a contract with Disaster Recovery Services for debris management monitoring. B. Ratify and confirm authorizing annual contract between Friendswood Volunteer Fire Department and Galveston County Firefighters Association for mutual aid. C. Approval of the June, 2006 Property Tax Report. D. Approve Minutes of July 10, 2006 Meeting. Seconded by Councilmember Measeles. The motion was approved unanimously. "`*Mayor Smith moved to approve item A. Authorize the Mayor to execute a contract with Beck Disaster Recovery for debris management monitoring. Seconded by Councilmember Ewing. The motion was approved 6-1, with Councilmember Hill opposed. A motion was made and approved to adjourn at 10:36 PM. � � / May avid Ji.H. mith Attest: � � � �f �'�p,t� / l' � o0 Deloris McKenzie, T MC City Secretary � * f' � �