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HomeMy WebLinkAboutCC Minutes 2008-08-04 Special 08/04/2008 2966 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( AUGUST 04, 2008 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, AUGUST 04, 2008, 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 ANDY RIVERA COUNCILMEMBER MICHAEL BARKER COUNCILMEMBER JIM BARR (arrived at 5:36 PM) COUNCILMEMBER JIM HILL COUNCILMEMBER LESLIE REID COUNCILMEMBER BILL HOLBERT CITY ATTORNEY BOBBY GERVAIS ACTING CITY MANAGER ROGER ROECKER CITY SECRETARY DELORIS MCKENZIE Mayor Smith called the meeting to order. SPECIAL SESSION A discussion was held regarding the proposed FY2008-2009 General Operating Budget. Acting City Manager Roger Roecker presented a broad overview of the proposed budget, budget calendar, Multi- Year Financial Plan development, decision packages, budget drivers, forces-at-work (fuel, electricity, health insurance, Texas Municipal Retirement System — contribution changes and phase-in, revenues, mandates, operational costs of new facilities, other increases from outside sources, tax levy based on estimated effective rate plus three percent, impact of salary adjustments approved in 2007/2008. A discussion was held regarding a proposed future Water/Sewer Revenue Bond issue. Acting Administrative Services Director Cindy Edge presented a historical overview and projections, projects, debts, major projects completed with bond funds, 2006 Bond Issue Projects completed and in process, use of impact fees, proposed 2008 Water & Sewer Bond Projects and future water and sewer projects, water rate history, current water rates adopted 2002, sewer rate history, current sewer rates adopted 2004, future rates to cover$14.8 Million to fund Bond Projects, Staff to look at removing impact fees from projects and look at a higher Capital Improvement Plan for water and sewer, look at actual percentage increase comparative to the project in the 2007/2008 projections, discussion will continue at the next meeting. CLOSED EXECUTIVE SESSION Council convened into Executive Session in Accordance with the Texas Government Code, pursuant to Section 551.071 — Consultation with attorney concerning pending or contemplated litigation; settlement offer; or a matter in which the duty of the attorney requires it and Section 551.072 — Deliberation regarding Real Property. Council convened into Regular Session at 7:00 pm with action taken later in the meeting. RECONVENE INTO OPEN SESSION 08/04/2008 2967 7:00 PM— REGULAR SESSION The invocation was given by Pastor Jeff Bell with New Life Assembly of God Church. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS A special presentation of the Five Star Spirit Employee Award for the second quarter of 2008 to Melinda Welsh, Deputy City Secretary in the Friendswood City Secretary's Office was moved to the August 18, 2008, Council meeting. A special recognition for 13 years of service on the Parks and Recreation Board for Stuart Williams was moved to the August 18, 2008, Council meeting. SPECIAL SESSION A discussion was held with the Planning and Zoning Commission regarding the amendments to the Zoning Ordinance regarding non-conforming uses and structures, moving the Parking Table from the Design Criteria Manual to the Zoning Ordinance and parking requirements, regarding landscape requirements for commercial tracts deeper than 300 feet and the Design Criteria Manual. A discussion was held regarding the proposed amendments with the Planning and Zoning Commission (P&Z) and will workshop Parking Table issue at a later date, suggested working on landscape requirements as a guideline increasing enhancements, Staff recommends that the Design Criteria Manual (DCM) remain an ordinance as an enforcement tool, clarified that the DCM is an ordinance, discussed whether it should be a Resolution or an Ordinance, P&Z member Hassan Moghaddam will then present to Council for a recommendation. P&Z recessed to a meeting upstairs for recommendations for the rezoning of 1700 W. Parkwood. COMMUNICATIONS FROM THE PUBLIC There were no requests from the public to speak before Council. CITY MANAGER'S REPORT Acting City Manager Roger Roecker reported on the Capital Improvement Projects/Commercial Development Report. The City Manager also provided information regarding Tropical Storm Edouard and the City's preparation for landfall tomorrow. ACTION ITEMS **Councilmember Reid moved to approve the creation of a Youth Action Committee. Seconded by Councilmember Rivera. ***Councilmember Barr moved to amend to approve Councilmember Reid as Liaison and Councilmember Barr as an alternate to the Youth Action Committee. Seconded by Councilmember Barker. The motion was approved unanimously. 08/04/2008 2968 Recommendations were received from the Planning and Zoning Commission for Ordinance No. 2008-21, the vote was 6-0. Ordinance No. 2008-22, the vote was 5-1. **Council moved to approve accepting the donation of a Blue Star Memorial Highway Program plaque and approving a location for the plaque in Stevenson Park. Seconded by Councilmember Barker. The motion was approved unanimously. ORDINANCES **Councilmember Barker moved to approve the first reading of Ordinance No. T2008-21, An Ordinance amending Appendix C of the Friendswood City Code, said Appendix C being City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally adopted the 19th Day of November, 1984, and being the zoning ordinance of the City, by changing the zoning classification of a certain 7.926 acres (Tract 1) located at 1700 W. Parkwood from Single Family Residential (SFR) to Community Shopping Center (CSC), such tract located in the City of Friendswood, Galveston County, Texas; providing for the amendment of the City's official zoning map; providing a penalty in an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. (Previously tabled July 21, 2008). Seconded by Councilmember Rivera. The motion was approved unanimously. **Councilmember Barker moved to approve the first reading of Ordinance No. T2008-22, An Ordinance amending Appendix C of the Friendswood City Code, said Appendix C being City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally adopted the 19th Day of November, 1984, and being the zoning ordinance of the City, by changing the zoning classification of a certain 18.922 acres (Tract 2) located at 1700 W. Parkwood from Single Family Residential (SFR) to Community Shopping Center (CSC), such tract located in the City of Friendswood, Galveston County, Texas; providing for the amendment of the City's official zoning map; providing a penalty in an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. (Previously tabled July 21, 2008). Seconded by Councilmember Rivera. The motion was approved unanimously. **Councilmember Rivera moved to approve the second reading of Ordinance No. T2008-24, An Ordinance of the City Council of the City of Friendswood, Texas, ("City") approving a settlement agreement between the Gulf Coast Coalition of Cities and CenterPoint Energy Entex ("CenterPoint" or "The Company") regarding the company's Statement of Intent to change gas rates in all Cities exercising original jurisdiction; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the settlement agreement and finding the rates to be set by the attached tariffs to be just and reasonable; adopting a savings clause; determining that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; declaring an effective date; repealing any prior ordinances inconsistent with this ordinance and requiring delivery of this ordinance to the company and legal counsel. Seconded by Councilmember Reid. The motion was approved unanimously. **Councilmember Rivera moved to approve the first reading of Ordinance No. T2008-25, An Ordinance amending City of Friendswood, Texas, Ordinance No. 2007-15, passed and approved September 17, 2007, same being an ordinance approving and adopting the City's General Budget for Fiscal Year 2007- 2008, by approving "Budget Amendment II" to the "original General Budget of the City of Friendswood, Texas, for the Fiscal Year 2007-2008"; providing for supplemental appropriation and/or transfer of certain funds; providing for severability; and providing other matters related to the subject. Seconded by Councilmember Holbert. The motion was approved 6-1 with Councilmember Hill opposed 08/04/2008 2969 **Councilmember Barr moved to approve the first reading of Ordinance No. T2008-26, An Ordinance amending Chapter 86 - Utilities by adding a new Section 86-75 to provide for a Backflow Prevention and Customer Service Inspections Program; providing for a compliance period; providing a penalty of an amount not to exceed $500 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Rivera. ***Councilmember Barker moved to amend Ordinance No. T2008-26 to change the penalty to not exceed $500 and delete reference to a misdemeanor. Seconded by Councilmember Barr. The motion was approved unanimously. ****Main motion, as amended, was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Barker, Barr, Hill and Holbert stated they had no report. Councilmember Reid reminded everyone of the prayer breakfast this Saturday and gave thanks for Council's approval for the development of the Youth Action Committee (YAC) program. Councilmember Rivera reported on Friendswood Independent School District (FISD) and the schools exemplary rating and congratulated on a superb job by all. CONSENT AGENDA **Councilmember Rivera moved to approve the Consent Agenda as presented with the exception of Items B and C. A. Authorize the disposition of 1999 Ford Expedition emergency vehicle through public auction. D. Accept June 2008 Property Tax Report. E. Approve Minutes of the June 16, June 30, July 7 and July 15, 2008 Meetings. Seconded by Councilmember Barr. **Councilmember Reid moved to remove Item B and Item C. B. Ratify and confirm the transfer of deed to a 1.5 acre parcel of property adjacent to Centennial Park from the Autumn Creek Development, Ltd., to the West Ranch Management District to the City of Friendswood and crediting West Ranch's parkland obligation and C. Authorize amending list of projects submitted to Galveston County to be considered for inclusion in their future Bond Election. Seconded by Councilmember Hill. The motion was approved unanimously. ***The main motion as, amended, was approved unanimously. **Councilmember Holbert moved to approve Item B of the Consent Agenda to transfer deed of a 1.5 acre parcel of property adjacent to Centennial Park from the Autumn Creek Development, Ltd., to the West Ranch Management District to the City of Friendswood and crediting West Ranch's parkland obligation. Seconded by Councilmember Rivera. The motion was withdrawn. **Councilmember Rivera moved to approve Item C of the Consent Agenda to amend a list of projects submitted to Galveston County Drainage District (GCCDD) to be considered for inclusion in their future Bond Election. Seconded by Councilmember Holbert. The motion and second were withdrawn. Councilmember Hill stated he and GCCDD had been pitching to Galveston County for $10 Million for the Mud Gully, downtown drainage and road projects. 08/04/2008 2970 �-. Councilmember Barker stated Galveston County has funds for streets in the Bond Election. Councilmember Rivera suggested a workshop for a future meeting to discuss the projects. '`''**Counciimember Holbert moved to approve a committee with Councilmember Barker, Councilmember Hiil, Acting City Manager Roger Roecker and Interim Community Development Director Mo Kabiri to construct a letter for submittal to the Galveston County Consolidated Drainage District. The motion was withdrawn. RECONVENE INTO CLOSED EXECUTIVE SESSION Council convened into Executive Session in Accordance with the Texas Government Code, pursuant to Section 551.071 — Consultation with attorney concerning pending or contemplated litigation; settlement offer; or a matter in which the duty of the attorney requires it and Section 551.072 — Deliberation regarding Real Property. Council convened into Regular Session with no action taken. RECONVENE INTO OPEN SESSION A motion was made and approved to adjourn at 8:47 PM. .-- Mayor Da id J.H. Sm� Attest: F �R�EpO ' -� �o ��o 0 D loris McKenzie, TRM � City Secretary � t� d� �►,t�� .�+a' ._..