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HomeMy WebLinkAboutCC Minutes 2007-10-01 Special 10/01/2007 2799 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( OCTOBER 01, 2007 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, OCTOBER 01, 2007, AT 5:30 PM AND A REGULAR MEETING AT 7:00 PM AT 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 LESLIE REID COUNCILMEMBER ANDY RIVERA CITY ATTORNEY LOREN SMITH CITY MANAGER BO MCDANIEL CITY SECRETARY DELORIS MCKENZIE Mayor Smith called the meeting to order. SPECIAL SESSION A discussion was held regarding trees in the City's right-of-way. City Manager Bo McDaniel introduced Interim Community Development Director Les McMahen who provided background information of the existing policies. The Missouri City policy was reviewed and a number of recommendations were pulled from their policy such as Staff recommendation, exercising control of right-of-way, Option 3 to support similar amendments that would allow trees to be planted in landscape easements outside of the designated rights-of-way and Option 5 to require any development (residential or commercial) to present specific landscaping plans that would have to be approved on a case-by-case basis for landscape easements, sidewalks and utility easements, the City would reserve the right to remove trees under certain conditions with various soils that effect the varying tree damage. Mayor and Council discussed the policy from West University and asked Staff to get information from West University's Staff regarding their policy. Council stated they would like to look at other options from Staff and possibly combine several of the options, allowance is needed for right-of-way, look at allowed trees more compatible to rights-of-ways. Council discussed root barriers from Missouri City policy and Councilmember Peden stated he was concerned with Option 5 and being government friendly and requiring Certified Urban Arborist which just adds to the expense for development cost in Option 5, it will need to be carefully crafted. The current City policies are different than some of the homeowner's association requirements and asked how the City was going to police this. Councilmember Hill stated he does not believe the City has a problem with trees and asked why the City was spending time on this, the City should only be concerned with entryway placement and thinks too much time is spent on a problem the City does not have. Further discussion was held between Council and Staff, residents plant trees on their property as they desire after they purchase their homes, other types of landscaping could be used and would not support trees in right-of-ways, Staff would need to a set plan in motion for future building, tree damage is consistent in most areas, some trees are worse than others depending on soil type, there has been damage to utility pipes and is a safety issue with repairs where trees may have been affected. The Staff all love and support trees, it makes a big difference in open gutter subdivisions, it will be difficult to have black and white policies, there may need to be exceptions for powntown District and the City will need to be open to looking at case-by-case basis. The City could have general, downtown and special cases, 10/01/2007 2800 may have a distinct problem with differing written policies and need to remember that older subdivisions were built to older standards. All utilities are proposed to be in the right-of-way, Council will need to look at this issue further, have Staff to put into process to allow for trees in right-of-way as recommended by Staff with Option 3 and Option 5 and bring back to Council for consideration. Discussion was held regarding West Ranch Management District's proposed plats and replats' compliance with Article 6.1 of the Utility Services Contract with Autumn Creek Development requiring construction compliance with the approved Land Plan. City Manager Bo McDaniel provided background information regarding West Ranch Development replat issues and requirements, Article 6.1 of the Utility Service Contract, existing approved land plan and proposed changes that appear materially different. John Hammond with Friendswood Development stated there are 8 plats submitted at this time and highlighted the proposed changes and various phases. Mr. Hammond requested direction as to where to proceed from here, determination from Council needs to be made whether changes are major or minor to give Staff and the Planning and Zoning Commission direction on the school site's locations and best use, how to capture opportunities, density of homes around lake, change of size in detention lake, total acreage of pond is virtually the same, home access in some areas, park availability to citizens, agreement is to allow development in phases, developer met with Staff and reviewed all 8 plats. Discussion was held regarding the appointment process and roles for the City's West Ranch Management District Board representatives. Mayor Smith asked for guidance for bringing forth names to be considered for appointments, suggested a City Attorney or attorney who represented the City, an existing City Councilmember, former Planning and Zoning Commission member, former Mayors or Councilmembers, property owners in West Ranch, or citizens from other areas that may have expertise. The Executive Session was moved to the end of the meeting. 7:00 PM— REGULAR SESSION The invocation was given by Youth Minister McCauley Austin with Friendswood Baptist Church. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. PUBLIC HEARING Mayor Smith called a Public Hearing to order, to receive comments from the public, either oral or written, regarding the HB 621, a new exemption of taxation of personal property in transit effective January 2008. Delinquent Tax Attorney Robert Mott gave an overview of the exemption and stated it is a fairly complicated legislation and hard to understand, the legislation is being reviewed for future changes for clarification purposes. No one spoke for or against the H B 621. Mayor Smith closed the Public Hearing. COMMUNICATIONS FROM THE PUBLIC Nancy Kessling, Friendswood resident of 24 years, stated moving the city's tax office to the Galveston County Tax Office was the best decision ever made by this Council and stated the Galveston County Tax Collector is awesome and hopes it will continue being separate from the School District for tax collection, this has been a burden on Friendswood Independent School District for the last 20 years. 10/01/2007 2801 Ms. Kessling was reminded about the Open Meetings Act restrictions by the Mayor and Mayor Pro-Tem which does not allow for dialogue regarding a subject that was not on the posted agenda. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Robert Mott and Mike Darlow, Attorneys with Purdue, Brandon, Fielder, Collins and Mott, L.L.P., gave an annual report on delinquent tax collection. Mike Darlow presented the report and reviewed pie charts that consisted of the collection process, Over 65 deferral applications, payable at time of sale or death of owner through the estate process, reviewed outstanding taxes by year and historical collections. The Tax Attorneys hold a good working relationship with Galveston County and they are getting information needed to do this job. CITY MANAGER'S REPORT City Manager Bo McDaniel reported on the monthly status report on progress with current capital projects. The City Manager reported on the surface water update. Director of Public Works Kaz Hamidian attended the co-participants meeting and provided the highlights of the meeting discussion. The plant expansion contract has been approved by the City of Houston City Council. The project was advertised August 10 and August 17, 2007, the pre-bid is scheduled for September 18, 2007. The bids will be opened October 11, 2007. The water leaks in the 24" and 42" waterlines are very complex and require careful planning. The 24" leak is on Bay Area Boulevard at the entrance to Webster and the 42" leak is at Highway 3 and Dixie Farm Road, no dates have been set for the repairs yet. The disinfection process was changed from Chloramines (Ammonia + Chlorine) to Free Chlorine (no ammonia added) on August 27, 2007. The lawsuit with United Water has been settled. Both parties through a third party reached an agreement and settled both claims. United Water will pay $500,000 to the City of Houston. Each participant will be credited based on their plant capacity in 2001. The City of Friendswood's capacity in 2001 was 3 MGD and the plant capacity was 80 MGD, 3.75% _ $18,750. The City Manager announced the Friendswood Rotary Club Officer of the Year as being Captain Jimmy M. Holland who was named Rotary Club Officer of the Year at the Rotary Club's luncheon meeting last Wednesday, September 19, 2007. It was an honor and recognition that was much deserved and long overdue. In over 33 years with the Police Department, Captain Holland has seen the department grow from six full-time officers and one dispatcher to 56 sworn and 28 civilian employees. He has held the ranks of Sergeant, Lieutenant and Captain and has even served as interim chief for several months. During his time of service, the community has grown from 4,000 citizens to 35,000. Captain Holland has also worn many hats over the years, commanding the patrol, Staff services, communications and animal control divisions. He has also been responsible for traffic engineering, wrecker services, recruiting, and department training. Captain Holland has diligently supervised the logistical operations of the police department daily and in times of emergency, such as Tropical Storm Allison and Hurricane Rita. He has overseen the construction and occupation of the City's 28,000 square foot Public Safety Building completed in June 2007. He continues to adapt to the changes in law enforcement and within the community. Captain Holland welcomes new challenges and is currently supervising the programming for a new 5,000 square foot Animal Control facility. Please congratulate Captain Jimmy Holland for this achievement and so much more. 10/01/2007 2802 The City Manager reported on the amendments to the 2008-2011 Transportation Improvement Program (TIP) and the 2035 Regional Transportation Plan (RTP). The Houston-Galveston Area Council (H-GAC) is calling for comments regarding the Regional TIP that deals with how$13.7 billion in transportation funds will be spent in the future. A brief review of the executive summary reveals a conspicuous omission, at least from the City Manager's perspective. That omission appears to reflect an unacceptable priority for hurricane evacuation routes, contraflow lanes, protocols and emergency traffic management systems to accommodate a surge impact evacuation. The City Manager recommends that Council support a communication to H-GAC regarding concerns, assuming Council have any, to remind H-GAC that evacuation systems are critical to the health and safety of Galveston/Brazoria County considering the difficulty of traveling through the Houston Metro area. If Council agrees with the content/intent of the draft attached, the City Manager will send to H-GAC on behalf of the City as requested by H-GAC. Additionally, should Council support this communication, Council's liaison, Andy Rivera, should be encouraged to likewise promote this message for the long-term welfare of this area and those citizens yet to come and who now have no voice in issues that will affect their personal safety. ACTION ITEMS **Councilmember Ewing moved to approve the renewal of a contract with Smith's Classic Construction, Inc., for the annual street maintenance program and authorizing the Mayor to execute the contract. Seconded by Councilmember Rivera. The motion was approved unanimously. **Councilmember Ewing moved to approve the Mayor's recommendation to appoint Mark McLean to fill an unexpired term on the Planning and Zoning Commission to expire July 2010. Seconded by Councilmember Reid. The motion was approved unanimously. Mayor and Council thanked Kevin Holland for his many years of service to the City and to the Planning and Zoning Commission. **Councilmember Peden moved to approve the disposition of Bid No. B2007-13 for the Clover Acres Drainage Improvements to David Wight Construction in the amount of $746,639.50, authorize the appropriation of funds in the amount of$157,780.73 and authorize the Mayor to execute the contract. Seconded by Councilmember Rivera. The motion was approved unanimously. **Councilmember Rivera moved to approve a contract amendment with LJA Engineering in the amount of $33,445 for preliminary engineering (PE) services for improvements to Water Plant No. 5 (Mustang Road), an additional appropriation of funds and authorize the Mayor to execute the contract amendment. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Rivera moved to approve a contract amendment with LJA Engineering in the amount of $30,170 for preliminary engineering (PE) services for improvements to Water Plant No. 6 (Pennystone), an additional appropriation of funds and authorize the Mayor to execute the contract amendment. Seconded by Councilmember Reid. The motion was approved unanimously. **Councilmember Peden moved to approve West Ranch Management District's compliance with Article 6.1 of the Utility Agreement for plats and replats submitted by Friendswood Development and any required action to secure compliance therewith. Seconded by Councilmember LeCour. Motion and second withdrawn for the approval of the West Ranch Management District compliance with Article 6.1 of the Utility Agreement for plats and replats. 10/01/2007 2803 Mike Smith, Friendswood resident, his home is in the middle of the West Ranch Subdivisions, with this amount of development changes will come up but 6.1 have attached the approved land plat. These are changes to the approved land plan, but must be approved by Council, the City should advise Planning and Zoning Commission to not consider, City has never been presented with an amendment to the contract, why would Developer have made the proposed changes without asking for a change to the contract, met with Staff 4 months ago and received approval, Staff probably was not aware of the utility agreement, any change is substantial and stated the concern with drainage and level of ground being developed, had previously filed a temporary restraining order two months ago, states changes were made to the detention pond without knowing about future plans. Various plans with changes have been submitted to Staff, stated this project which gives him concern backs up to his property and asked that Council give direction to the Planning and Zoning Commission that these re-plats not be considered. The City should have problem with anyone unilaterally making a change to a contract and it affects him personally. Council discussed Mr. Smith's statements and proposed changes whether material or minor and stated in 6.1 it states any change requires Council to approve change, where are issues voiced, if Council determines material change and Council meets to review the contract, would this open the entire contract up for review and could open contract up for discussion, and Council should be making these decisions. The City Attorney stated 8 replats are before Council now but if Council so chooses could open the contract up for negotiation. Council this is an opportunity for discussion, there was a lot of time and effort spent on developing this contract, the original agreement and discussion of cluster homes that allow for smaller lots and setting aside of open spaces to be built on north side of development, part of replats is for changing some lot sizes, what is the impact, did not discuss changing detention size or changing lot sizes, school site location is not a part of the approval process of 8 replats but would be able to have this discussion again if contract is renegotiated, a lot of time was spent discussing the lot sizes, trees and utilities, contract is very specific, moving recreation center, detention pond, lot sizes, moving roads are changes, some of the replats are not in conflict with the contract and could allow to change. ***Councilmember Peden moved that replats for 1 West Boulevard, 3 Falcon Ridge Two Phase II, 4- commercial and retention reserve are in compliance with 6.1 of the contract. Seconded by Councilmember Ewing. The motion was approved unanimously. **Councilmember Rivera moved to approve the agreement with Friendswood High School Swim Team for use of the municipal swimming pool. Seconded by Councilmember Reid. The motion was approved unanimously. RESOLUTION **Councilmember Ewing moved to approve Resolution R2007-32 - A Resolution of the City of Friendswood, Texas, providing for the taxation of tangible personal property in transit, which would otherwise be exempt from taxation pursuant to the Texas Tax Code, Section 11.253; repealing all resolutions or parts of resolutions inconsistent or in conflict herewith; and providing for severability. Seconded by Councilmember Rivera. The motion was approved 4-3 with Councilmembers Peden, Hill and LeCour opposed. 10/01/2007 2804 ORDINANCES **Councilmember Peden moved to approve the Second and Final reading of Ordinance No. T2007-11, an ordinance of the City of Friendswood amending Appendix C of the Code of Ordinances of the City of Friendswood, Texas, said Appendix C being the Zoning Ordinance of the City, by adding to the Permitted Use Table following Paragraph 5 of Subsection P of Section 8 thereof a new Category 531120, entitled "Lessors of Nonresidential Buildings," to authorize banquet and event center use in the Single Family Residential (SFR) District, subject to the granting of a Specific Use Permit therefor; 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 Hill. The motion was approved unanimously. **Councilmember Peden moved to approve the Second and Final reading of Ordinance No. T2007-12, an ordinance of the City of Friendswood_amending Appendix C of the Code of Ordinances of the City of Friendswood, Texas, said Appendix C being the Zoning Ordinance of the City, by deleting the introductory paragraph of Paragraph 3 of Subsection G of Section 9 thereof and substituting therefor a new introductory paragraph of Paragraph 3 of Subsection G; providing information that must be submitted with applications for Specific Use Permits; 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 Rivera. The motion was approved unanimously. **Councilmember Peden moved to approve the Second and Final reading of Ordinance No. T2007-14, an ordinance of the City of Friendswood adopting the City of Friendswood, Texas, Design Criteria Manual; providing standards for the construction and installation of public and private infrastructure and within the City; providing a penalty of an amount not to exceed $2,000 for each day of violation hereof; and providing for severability. Seconded by Councilmember Rivera. The motion was approved unanimously. **Councilmember Peden moved to approve the First reading of Ordinance No. T2007-17, an ordinance of the City of Friendswood amending Appendix A of the Friendswood City Code, said Appendix A containing rules and regulations governing the placement, use, and maintenance of signs and sign structures within the City, said Appendix A also being Subsection K of Section 8 of Ordinance No. 84-15, as amended, (the Zoning Ordinance ), by striking Paragraph (2) of Subsection C of Section 12 thereof; deleting the requirement that changeable copy signs contain a maximum of two lines of text copy not exceeding ten (10) inches in height per 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 Rivera. The motion was approved unanimously. **Councilmember Hill moved to approve the First reading of Ordinance No. T2007-18, an ordinance of the City of Friendswood 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 abolishing the Original Business District zoning classification and providing for the creation of a Downtown Zoning District; providing rules and regulations governing the use of land within the Downtown Zoning District; 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 Ewing. ***Councilmember Rivera moved to amend to provide for definition parking minimum of three hundred linear feet(300) ft. and no more than twelve hundred linear feet(1200). Seconded by Councilmember Reid. The motion was approved unanimously. The main motion as amended was approved unanimously. 10/01/2007 2805 COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Peden stated his family competed in the Walt Disney World Triathlon which consists of a 1500 meter open water swim (.92 miles) a 56k bike (34.80 miles) and a 10k run (6.2 miles). The kids did a 1 mile run, 6 mile bike followed by another 1 mile run, all finished and that was the goal, is so proud of wife Jackie and the boys since they have never done anything like this before. Councilmember Ewing stated she attended the Parks and Recreation Board meeting, reported on the new playground equipment, No Boundaries, No Border, Phase 1 has been held up by rainy weather, the Challenger Baseball Team donated $5,000.00 towards the playground equipment, reported the City should have the new Friendswood Independent School District fee agreement by October 15, the Community Appearance Board (CAB) is working on median landscaping, reported the CAB Fall Haul-A- Day will be held at Cline Elementary this weekend, went to West Ranch for a tour and will provide a report on the tour later, have been attending many Planning and Zoning Commission meetings and gave thanks to former Planning and Zoning Chairman Kevin Holland for his work and years of service. Councilmember Hill also thanked Kevin Holland and Bob Bertrand for their service on the Planning and Zoning Commission, stated the City lost a lot of knowledge with the resignation of these members. Councilmember LeCour attended the Houston Rotary Club meeting recognizing Jim and Gail Mclnvale for their donations and giving back to the community. Mayor Smith gave thanks to outgoing former Planning and Zoning Chairman Kevin Holland and congratulated Captain Jimmy Holland for his many years of service, spoke to the Knights of Columbus and to the Galloway School Parent Teacher Organization (PTO). CONSENT AGENDA **Councilmember Rivera moved to approve the Consent Agenda as presented A. Approve a Memorandum of Understanding for an addendum to the contract with Galveston County for Tax Collection Services to provide for a satellite office at City Hall. B. Accept August Property Tax Report. C. Approve Minutes of the September 10, 2007 Meeting Seconded by Councilmember Hill. The motion was approved unanimously. CLOSED EXECUTIVE SESSION Council convened into Executive Session in Accordance with the Texas Government Code, pursuant to Section 551.072— Deliberation regarding Real Property Council convened into Regular Session with no action taken later in the meeting. 10/01/2007 2806 RECONVENE INTO OPEN SESSION A motion was made and approved to adjourn at 9:46 PM. , � �,'� '"`.-�..� Ma�dr Dav J.H. Smith Attest: � � D loris McKenzie, TRMC City Secretary �0,� f�� ,�pt �� v O * ir � �►,��� ��a�+