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HomeMy WebLinkAboutCC Minutes 2006-08-07 Regular 8/7/06 2529 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( AUGUST 07, 2006 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, AUGUST 07, 2006, AT 4:00 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. 4:00 PM —WORK SESSION Discussion was held regarding membership in Texas Municipal League (TML). Councilmember Peden gave comments regarding the election cycle 2005, he stated former City Manager Ron Cox went to Austin and testified regarding the tax cap and it brought up TML lobbying efforts, Friendswood had adopted a Resolution requesting separating administrative efforts from lobbying, since that time TML has a list of legislation that they will be lobbying for this year and stated he has a problem with sending membership money to fund lobbying, expressed concerns regarding remaining as a member of TML, and stated it is time to have a debate regarding TML and our involvement in that league. Councilmember Ewing spoke on former City Manager Ron Cox's testimony, who was asked to sit on a panel, and stated council gave him authority to provide testimony on legislative matters and stated TML does not represent the citizens but represents cities. Council is elected to represent citizens, if the City wants to adopt a tax cap it can, TML simply took the stand it did representing the majority of the cities, it is our job that this is how the City is going to limit the taxes. To not be a member of TML, the City loses some of the low cost involvement and representation. Mayor Smith stated he thinks the healthiest discussion is not what former City Manager Ron Cox said or the testimony he gave, but to discuss what TML provides. Councilmember Measeles stated TML is made up of cities, they go by the direction of what the majority of cities want, the City needs to be involved by serving on committees, the cities are TML and can influence the direction they go in by influencing the cities, stated comments were made regarding the tax cap Resolution that was rejected by TML, that was not TML that rejected the resolution, that was cities that voted to reject and reported TML, is one of the most respected leagues in the Country. Mayor Smith asked for clarification about what Councilmember Measeles said that TML is Texas Cities, asked what he means by that. Councilmember Measeles stated that there are a large number of the 1,300 cities that are members. Mayor Smith stated that 1,100 are members, and that TML has a paid staff, the cities make up the Board and give direction to the paid staff. Councilmember Peden spoke on the appraisal cap issue, stated that does not limit the City's ability to fund the budget, the people that run TML are so far removed from the City of Friendswood, the City is a member of the Houston Galveston Area Council (H- GAC) and that is where the City gets medical insurance. Acting City Manager Roger Roecker stated that participating in the TML risk pool has been very successful, actually gives financial dividends, the City does not have to be a member of TML to participate, and stated that TML does not have an investment pool. Councilmember Peden stated the City belongs to H-GAC, Harris County Mayors & 8/7/06 2530 Councilmembers Association and Galveston County Mayors & Councilmembers Association and feels can have more impact on a local level than a member of a larger group. Acting City Manager Roger Roecker stated he feels the most benefit is the education provided, and stated most of legislation would probably be supported by Council. Council and Staff's ability to gain this education experience has developed and grown because of this experience, the City has affiliate associations with TML and have benefited from it. Councilmember LeCour asked to have a list of services that TML provides, would like to see a list of who else provides these services, and asked does TML make campaign contributions. Acting City Manager Roger Roecker stated not that he knows of. Councilmember Peden believes TML does make contributions in a sense in support of a bill, may be an indirect contribution, may get additional press if something passes, may be supporting or opposes a candidate, indirectly supporting. Councilmember LeCour would like to see the City look at if there are other cities that are members out of fear, that if they rebel, fear retaliation. Acting City Manager Roger Roecker stated he has never heard this concern expressed, if not a member, would have benefits as a free rider, benefit from actions taken. Councilmember LeCour stated he would like to see conferences attended by Staff and cost, attended a meeting in Galveston last year where a lobbyist spoke on tax cap, believes that TML is for big government and is going to wreck the city and big government is going all the way to Washington, stated he realizes he is one vote, but one vote can make and difference and 7 votes can make a collective difference, spoke on tax cap issues, either 3% or 5%, if reduce the cap then would give power to the citizens to make those decisions, TML wants the citizens to be in the dark, Council has been elected to represent the citizens and thinks citizens around the state are against not allowing this tax cap, let Council be leaders and cut loose from TML and stick our necks out, time to take control and be leaders to other municipalities and let them know that they do not work for TML that TML works for them. Mayor Smith stated what concerned him when talking about TML, sounds almost like an indictment, looks like some group out there making decisions, when indictment of TML then indictment all cities that are members including the City of Friendswood, by saying that TML is doing something wrong, the City is saying "we" are doing it, from a practical standpoint, feels like Friendswood is on the kindergarten playground, would like to see Friendswood continue playing, get on the next rules committee, the City may be on that leading edge, maybe other cities are not comfortable saying TML is making wrong decision, has been asked to serve on the government committee for this next session, this is an opportunity to get involved, responded that he would be a participant, more concerned about how the City is sending the message, does not think pulling out of TML would send the best message, concerned about the bigger picture, worried about jeopardizing what the City wants to accomplish, some issues have come and gone but believes the tax cap issue is still there, is reading a book regarding early organizations and how to handle problems, if the City is going to make a difference it needs to be involved. Councilmember Ewing stated some cannot see the forest for the trees, does not want to throw the baby out with the bathwater, does not want to judge us from representatives, wants to look at big picture, believes education is very important, will be attending the TML Region 14 meeting next Saturday, asked for a comparison of cost of sending Staff to the seminars, concerned that this is the only game in town, but has to ask why, have to look at the same thing, in her mind, the City is the closest thing to grass roots, Council is the closest to the citizens, Council represents the citizens and makes the decisions for our citizens, look at the four people most recently elected to Council and to make those decisions, and stated it is important that the City stay involved in TML, if the City wants to have an impact on decisions, wants to stay more involved not less than involved. Councilmember Horecky stated he agrees Council represents the citizens, not TML, if the City has citizens that want Friendswood out of TML, have to listen to citizens. Councilmember Measeles stated he has been on Council 15 years, has never heard to get out of TML, the City has 34,000 citizens and need to represent everyone, the City is directly responsible, closest to the citizens, there are bills that come before legislature that would affect citizens and TML represents the cities, TML does lobby for the best interest of the cities. Mayor Smith stated he wonders if tax cap is the issue. Councilmember LeCour said big government is the issue, TML is for bigger local government and supports higher taxes and tax and spend, does not believe that there are representatives that says let us gouge cities, lobbyist said cities need the money. Councilmember Peden stated he thinks it is positive to have these debates and highlight the differences on this Council, does not think it is limited to tax cap issue, believes it is a philosophical difference, the Resolution sent by the City did not get any press, thinks the problem is with the leadership, believes the City should withdraw from TML and begin 8/7/06 2531 another representation or get TML's attention by withdrawing and having other cities follow suit. Mayor Smith stated besides the tax cap, that this discussion is a sweeping indictment of all members of TML. Councilmember Peden stated tax cap is the issue locally, thinks difference of philosophy of TML, believes TML is there to represent big government. Councilmember Hill asked if TML took a position on eminent domain, would like to know what wonderful things did TML do to protect the City from the State for the City of Friendswood. Councilmember LeCour stated if the State reduces tax cap what is wrong with that. Mayor Smith said he did not say anything was wrong with that, asked if Council had talked to TML, with Councilmembers responding no, asked why not. Councilmember Measeles stated TML only has 3 positions that they take, either opposes, supports, or takes no action, TML only supports what the collective group wants. Councilmember Ewing stated Friendswood voted in support regarding all of the legislation last year, eminent domain was dead. Councilmember Peden stated TML has sent out a list of legislation on August 2 that is being proposed and TML is saying will fight legislature regarding eminent domain and give right to cities. Councilmember Horecky stated TML is saying that State has authority regarding tax cap issues and are saying let State be in control. Mayor Smith stated he thinks the City should put the question to TML, "would you support legislation representing cities regarding allowing cities authority in setting tax cap?" Councilmember Peden stated this is the reason that he placed this item on the agenda for discussion purposes, suggested to move on with the work session, all concerns were heard and suggested City let TML know what Council's concerns are. Discussion was held regarding the FY 2006-2007 Budget Work Session. Acting City Manager Roger Roecker thanked his Staff for a great job in preparing the budget and recognized Budget Manager Courtney Sladek for her work in consolidating the budget document and giving it a new look, presented information regarding budget development, delivered to Council on August 1, 2006, calendar for budget work sessions are August 7, August 14, and August 21, 2006, with additional work sessions scheduled as needed, September 11 public hearing on operating budget and tax rate, September 18 second public hearing on the tax rate. Acting Administrative Services Director Cindy Edge thanked and recognized Courtney Sladek for her work, gave it a face-lift, budget contains Introduction, Summary, Fund Schedules, Departmental Budgets, Capital Improvements, Debt Service and Appendices. Councilmember Peden asked about including reserve balance breakdown to be included in appendices, what makes up that balance, under Item B in appendices, information regarding removing Fire Department personnel. Acting City Manager Roger Roecker presented and reviewed comparison of General Fund Operations, adjustments to Proposed Budget, Revenues — Property Taxes and Effective Rate, Property Taxes — 3% above the Effective Rate, Property Tax — Current Rate, discussion of Supplemental Requests and additional Supplemental Requests that are not budgeted for at this time, the budget presented does not include the funding for the proposed 10% property tax refund, the next Budget Work Session is scheduled for Monday, August 14, 2006, will be a question and answer session followed regarding fund balance, requirement for public hearings for tax rates, reserve fund, complimentary of layout of budget, much easier to read than previous budgets. 7:00 PM — REGULAR SESSION The invocation was given by Father Thomas Vellappallil with Mary Queen Catholic Church. Mayor Smith led the Pledge of allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Mr. Fred Krch, 209 Dawn Hill, addressed Council and stated he would like to ask the Charter Review Commission to simplify the Charter, quoted a ruling from the Supreme Court regarding eminent domain, stated the Friendswood Charter contains provision for eminent domain, stated there is no control over the use of eminent domain, wording is vague, regarding Lake Windemere, contacted two engineering firms, need to find out how much and where is the broken concrete, Lake Windemere has a gate but at the end of W. Viejo there is access, can go ahead and get a bid to survey the lake 25 feet at a time, would be three men and less than $1000, looking for authority to do this, men are skilled in this field of work. 8/7/06 2532 Mayor Smith referred Mr. Krch to the Acting City Manager to bring back for Council consideration. In discussing switching tax collectors, found out the school gave the City $500,000 for Centennial Park, school authorized paying for legal fees for lawsuit, asked where this helps school children. Kathy Rogers, 207 Charleston, addressed Council regarding the proposed tax rebate, she stated please do not be afraid of new ideas, does not know why anyone would turn down a tax rebate, those that do not want it could use it as a charitable fund, it would be a wonderful way to spur the local economy, give to Mr. Krch to survey the lake, there are a lot of things people can do, spoke on the cost to generate those checks, change tax collectors to Galveston County Tax-Assessor Collector and then the rebates can be handled, those that were elected on a tax reform platform, hope that they will consider, and thanked Council for their time and service. Gary Freeman, 3730 Townes Forest Road, addressed Council and expressed concerns regarding the project, which is taking place on Friendswood Link Road. Mayor Smith asked for clarification if Council could receive input. City Attorney John Olson stated since the public hearing has been closed, it would be inappropriate to receive input unless the public hearing is re-published and re-noticed. Mayor Smith asked how citizens can get information to Council with the City Attorney advising citizens could talk to Council individually and can get correspondence to City Staff. Eugene Hammett, 15814 Bougainvilla Lane, addressed Council and stated he would like to speak regarding inspection of underground conductors, has an ongoing situation with electrical inspection with the City Inspection Department since June 28, received a letter today answering what violations were cited, hard to understand the response, does not follow the National Electrical Code, routed around a historic tree, asked for this response on June 28 and received today. Councilmember Ewing stated she goes to church with the Gieseys, in support of trying to save trees, feels very strong about safety, her 3 year old sister was electrocuted and died, does not believe that anyone would want to do anything that would endanger anyone, reviewed the backup material, Gieseys covered up the hole with the line on June 29, City is asking for an easement, the Gieseys are not willing to give this easement. Mr. Hammett responded that he agrees with what Councilmember Ewing stated, asked to let them put this in, there is not maintenance for underground, it is dangerous to have a line lying on top of the line for two months, City is asking for a private easement and that is what the Gieseys had all four property owners sign an Agreement of Use but the City required an easement and his attorney advised the City did not have the right to inspect. City Attorney John Olson advised that Council is not the appealing authority, can appeal to the Construction Board of Adjustment and Appeals. Councilmember Hill asked if underground electrical was in Heritage Park, who would inspect it, Mr. Hammett answered no one would inspect it, Staff stated the only place the City inspects is for Centerpoint Energy in Harris County. Councilmember Peden asked for clarification, Mr. Hammett has been before Council four times, is there any way can get Centerpoint Energy to issue a letter regarding this point and regarding inspections in Harris County, asked about getting this sooner than later, has a public safety issue, would have line laying on the ground disconnected and have the line underground turned on, get the line off the ground. Mayor Smith stated he thinks Mr. Hammett has got in between the neighbors, does not believe it is correct to have this line coming across one yard into another, this agreement would not hold up legally, homeowner could change, that is what easements are for, believes this is why City cannot give permit. Councilmember Horecky stated he understands where Mayor Smith is coming from, understand this is a serious public safety issue, asked if the City can vote tonight to direct Staff to improve the installation of the line. City Attorney John Olson answered yes the City could vote tonight, but the inspector has said it does not comply, the line is in an area without an easement of record. Councilmember Peden said if the inspector determines there is a safety issue, then the inspector could approve. Mayor Smith stated if they call before they dig, and if there is no easement, then there would be no record of the buried line. Councilmember LeCour asked without an easement, can the property owner have the electricity turned off? City Attorney John Olson stated would a have right to have it turned off. Mayor Smith stated he thinks by telling you to cover this line up think have liability for years forward. City Attorney John Olson stated he thinks move this forward and have appeal to Construction Board of Appeals. Mr. Hammett stated the easiest thing to do is to tell Mr. Anderson that they are not going to do the job, it has taken 8/7/06 2533 since June and then no response from the City and then to refer him to the Construction Board that has not met in 6 years. City Attorney John Olson said could allow Mr. Hammett to go ahead and lay line, and then could prosecute in Municipal Court. Mr. Hammett could do a temporary cut in permit, get rid of the line on top of the property, gives a 90-day window, and put the live line underground. Acting City Manager Roger Roecker stated that Staff has responded each time. City Attorney John Olson asked what would be wrong to allow the permit and then would have 90 days to resolve the issue. Mayor Smith advised Mr. Hammett to have the request brought in tomorrow with a permit request and for an appeals request. ACTING CITY MANAGER'S REPORT Acting City Manager Roger Roecker reported on the National Night Out. Last Tuesday, August 1, residents all over the country celebrated the 23�d annual National Night Out, where people gathered to socialize and enjoy the evening together. In Friendswood, 13 neighborhood associations registered for the event. National Night Out is an excellent opportunity for residents to get to know their neighbors and community law enforcement. Crime Prevention Officer Kevin Crouch was the event coordinator for this year's National Night Out, and Friendswood Police Officers made appearances in Friendswood neighborhoods to educate residents about crime prevention. These events were organized by the neighborhoods' homeowner's associations or civic associations. Officer Crouch is to be commended for his excellent work preparing for this successful event. ACTION ITEMS **Councilmember Measeles moved to approve and authorize the distribution of the Preliminary Official Statement for the Water and Sewer Revenue and Refunding Bond Issue. Seconded by Councilmember Hill. The motion was approved unanimously. Ryan O'Hara from Dain Raucher presented the documents to Council and was available for questions and answers. There were none. No action was taken regarding amending Resolution R2006-16, Council Rules of Procedure. **Councilmember LeCour moved to approve the following actions regarding the vandalism at Centennial Park: (1) Authorize the City of Friendswood to pay a reward of two thousand five hundred dollars ($2,500) to the first person who furnishes information that leads to the arrest and conviction of any person (or persons) who vandalized Centennial Park with symbols and words of racial slander and intimidation, (2) informants names shall be kept confidential at their request, (3) law enforcement personnel, City employees, and City Officials shall not be eligible for payment of any such reward, guilty parties also shall not be eligible for any monetary reward, (4) notice of this reward shall be published on the City website under "Recent News" and cable channel no later than three days after the passage of this motion and it shall remain published for a minimum of 30 days and (5) the City Council shall make the determination of who shall receive the reward. The decision of the City Council shall be final. Seconded by Councilmember Horecky. ***Councilmember Peden moved to amend the main motion to amend Item No. 2 to read, "informants names shall be kept confidential at their request as allowed by law" and to authorize a total reward of $2,500 to have Crime Stoppers administer and if Crime Stoppers cannot administer would return responsibility to the City. Seconded by Councilmember Horecky. The motion to amend was approved unanimously. ****The main motion, as amended, was approved unanimously. **Mayor Smith moved to approve action regarding authorizing the Mayor to execute a Resolution of the County Judge and Mayors of Galveston County opposing any amendment to the State Constitution that 8/7/06 2534 gives the Governor sole authority to order mandatory evacuations from coastal counties threatened by hurricanes or other catastrophic events. Seconded by Councilmember Peden. The motion was approved unanimously. **Councilmember Horecky moved to approve action regarding disbanding the Main Street Zoning Committee. Seconded by Councilmember Hill. ***Mayor Smith moved to amend the main motion to approve the creation of the Downtown Revitalization Committee, to ratify appointment of same committee members and to work with Council. Seconded by Councilmember Peden. The motion to amend was approved unanimously. ****The main motion, as amended, was approved unanimously. RESOLUTIONS **Councilmember Horecky moved to approve Resolutions R2006-21 — a Resolution of the City Council of the City of Friendswood, Texas, opposing the proposed imposition by the Commissioners Court of Harris County of fees and charges to the City for certain services of the Harris County Medical Examiner, R2006-22 — a Resolution of the City Council of the City of Friendswood, Texas, adopting open space guidelines applicable to properties acquired by the City pursuant to the FEMA Hazard Mitigation Program, and R2006-23—a Resolution of the City Council of the City of Friendswood, Texas, authorizing the Mayor and City Secretary to execute and attest, respectively, that certain "Texas Traffic Safety Program Grant Agreement," by and between the City and the State of Texas, acting by and through the Texas Department of Transportation. Seconded by Councilmember Measeles. The motion was approved unanimously. ORDINANCES **Councilmember Measeles moved to approve the AMENDED Second and final reading of Ordinance No. T2006-17, 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 all of Subparagraph f 3) a) (iii) of Paragraph 2 of Subsection I of Section 8 thereof and substituting therefor a new Subparagraph f 3) a) (iii), and by adding to Paragraph 2 of Subsection I of Section 8 thereof a new Subparagraph h; providing that tree surveys shall not be required for areas dedicated for storm water detention purposes; providing that nothing contained in Subsection I of Section 8 shall prohibit the owner/occupant of a single family residential dwelling from trimming, pruning, or removing a tree located on the lot owned or occupied by such person for single family residential dwelling purposes; 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 Horecky. The motion was approved 6-1 with Councilmember Peden opposed. **Approval of the First reading of Ordinance No. T2006-18, an ordinance changing the zoning classification of a 3.2895 acre tract of land, same being Forestwood Subdivision, a five lot subdivision located at the intersection of Oxnard Lane and Friendswood — Link Road from Multi-Family Residential — Garden Home District (mfr-GHD) to Multi-Family Residential — High Density (mfr-H) died for lack of a motion. **Mayor Smith moved to approve the First reading of Ordinance No. T2006-19, an Ordinance finding and determining that public convenience and necessity no longer require the continued existence of that certain public utility easement located over and across, and adjacent to the rear property lines of, Lots 1- 13, Block 1, Lots 1-13, Block 2, and Lots 19-27, Block 2, Friendswood Lakes Garden Home Subdivision, 8/7/06 2535 as recorded at Vol. 18, Page 1264, File GAC 2002002395, of the map records of Galveston County, Texas; and providing for the vacation and abandonment of such public utility easement. Seconded by Councilmember Measeles. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Ewing welcomed Councilmember Peden back to Friendswood. Councilmember LeCour stated he had no report. Councilmember Hill stated he had no report. Councilmember Horecky stated he had no report. Councilmember Peden stated he is glad to be back, thanked those that helped him move into his new home. Councilmember Measeles reported he will be attending a TML Region 14 seminar this Saturday and will report back after the meeting. Mayor Smith thanked those in the audience attending the meetings these last four months, and stated he appreciates citizens caring about this City. CONSENT AGENDA *"Mayor Smith moved to approve the Consent Agenda as Presented. A. Authorize the Mayor to execute an Interlocal Agreement with Nueces County for the use of the City of Friendswood's storm debris removal contract for emergency management purposes. B. Authorize disposal of a City Vehicle at Public Auction — Police Department. C. Authorize the replacement of a Duty Officer Vehicle for the Friendswood Volunteer Fire Department. D. Approve Minutes of July 17 and July 24, 2006 Meetings. Seconded by Councilmember Measeles. ***Councilmember Horecky moved to amend the main motion to approve the Consent Agenda as presented with the exception of Item A - Authorize the Mayor to execute an Interlocal Agreement with Nueces County for the use of the City of Friendswood's storm debris removal contract for emergency management purposes. Seconded by Councilmember Hill. The motion to amend was approved unanimously. **"*Mayor Smith moved to approve Item A-Authorize the Mayor to execute an Interlocal Agreement with Nueces County for the use of the City of Friendswood's storm debris removal contract for emergency management purposes. Seconded by Councilmember Measeles. The motion was approved unanimously. A motion was made and approved to adjourn at 9:37 PM. av . Smith Attest: o� f R�Ep�� , �, _ t �`co Deloris McKenzie, TR C � City Secretary � * d� rqT�� �