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HomeMy WebLinkAboutCC Minutes 2008-10-20 Special 10/20/2008 3016 ..�.. STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( OCTOBER 20, 2008 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, OCTOBER 20, 2008, AT 5:00 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 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 with Staff regarding the extension of the Downtown District boundaries. Staff had concerns regarding what establishments would be allowed in Neighborhood Empowerment Zone and the waiver of certain fees, input from Council was requested as to the ramifications and Councii suggested making a change for economic development purposes on the wording of the Neighborhood Empowerment Zone, the waiving of fees and participating in the zone. Compliance and participation is needed to match up for development. A discussion was held with the Planning and Zoning Commission regarding the proposed future Land Use Map. The Land Use Map does not include the Comprehensive Plan. The definition of non residential and commercial need to be added, there is a need of a revision of the zoning map to match the Land Use Map, the City can proactively rezone properties or wait for application driven by rezoning. A discussion regarding projects for the Series 2008 Water and Sewer Revenue Bond Issue. Acting Director of Administrative Services Cindy Edge presented information regarding various scenarios for funding the bond issue. A sample bill and a sample rate comparison for single family or single commercial residential water and sewer only were reviewed and stated Friendswood has a minimum usage of 3000 gallons compared to neighboring cities having 2000 gallons minimum usage, the minimum charge is $12.00 per month and also reviewed proposed water and sewer bond projects and proposed rate adjustments to support debt. 10/20/2008 3017 � A discussion was held regarding potential amendments to the City Charter such as the emergency appointment of Mayor Pro-Tem, City residency requirements of City Manager, creation of Single Member Districts, Council pay and compensation requirements for unpaid expenses and the role of Mayor and the associated duties and responsibilities. Under emergency appointment of Mayor Pro-Tem in the Charter, Council suggested using the terminology of Deputy Pro-Tem who is qualified with National Incident Management Systems (NIMS) training, who has seniority, the timing of appointment following election, appointed by position order and does not see as an emergency issue and does not think this is something Council should take on at this time and stated three tiers of leaders is too much. There is not a problem, do not have one and probably will not have one. Four members of Council can call a meeting and appoint an acting Mayor Pro-Tem, this should go to the Charter Review Commission and would suggest that the Mayor has that authority to designate a Deputy Mayor Pro-Tem under emergency powers of the Mayor and the Mayor assign the pecking order to establish. The City residency requirements of City Manager was discussed and stated that the Charter Review Commission serves at the will of Council and appointed every five years with minimal changes being handled by Council. The City is 21 square miles and Council would like to see a change in residence for the City Manager to be within 15 miles of the City, Council stated this is important but thinks there are some options that would not necessitate pursing this change, due to these issues Council feels this should be handled now but does not feel this is an emergency and should go to the voters with the consideration to be 10 miles outside of the City instead of 15 miles, there would be a large savings for moving costs, this would be a simple change and would not be difficult and should be a simple process for the Charter Review Commission to handle, some applicants may not be able to afford to live in Friendswood. Citizens had approached and requested that single member districts be considered, specifically from Harris County that may help with attracting Harris County residents to run for office and may be a way to get more participation, it would be a concern that this would create a division within the City, if it is not broken, do not fix it. Compensation for Council should not be considered, it was a thought that it would make it easier for some to run for office, it is not an emergency, there is direct cost to Councilmembers serving with lost time from employment to attend "'""" meetings, thinks it is broken and it is not creating a salary for Council but would be an expense reimbursement, this would not be an emergency and could be considered in a non Charter Review period. The duties of the Mayor not voting was discussed with the majority of Council stating they did not think it was appropriate and does not want to change. 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; a 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 7:06 pm with no action taken later in the meeting. RECONVENE INTO OPEN SESSION REGULAR SESSION The invocation was given by Pastor David Bridges with Friendswood Friends Church. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS Mayor Smith presented a proclamation to Carol Jones, President and Lucy Woltz, Events Coordinator of the Friendswood Chamber of Commerce proclaiming October 20-24, 2008 as"Commerce Week". """� 10/20/2008 3018 � Chamber President Carol Jones gave an introduction of the Friendswood Chamber of Commerce Leadership Class and introduced the class that represents local businesses and two City departments. Mayor Smith presented a prociamation to the Texas Air National Guard for their support following Hurricane Ike with manning the P.O.D.(Point of Distribution) site at Centennial Park to distribute ice, water and MRE's (Meals Ready to Eat). The proclamation was read by Councilmember Hill. Mayor Smith presented a proclamation to the Clear Creek Independent School District (CCISD) for Red Ribbon Week on October 23-31, 2008. PUBLIC HEARING Mayor Smith called a Public Hearing to order, to receive comments from the public, either oral or written, regarding the updated Hazard Analysis and Mitigation Plan prior to submitting to Federal Emergency Management Assistance (FEMA) for approval. No one spoke for or against the updated Hazard Analysis and Mitigation Plan. Mayor Smith closed the Public Hearing. JOINT DOCKETED PUBLIC HEARING Mayor Smith and The Planning and Zoning Commission Chairman Kevin Holland called a Joint Docketed Public Hearing to order, to receive comments from the public, either oral or written, regarding the Amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding `� amendments to Section 6, specifically regarding non-conforming uses, structures and lots. No one spoke for or against non-conforming uses, structures and lots. Hearing no further comments, Mayor Smith and Planning and Zoning Chairman Holland closed this Joint Docketed Public Hearing. Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called a Joint Docketed Public Hearing to order, to receive comments from the public, either oral or written, regarding Amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding extending Downtown District boundaries to Coward's Creek. No one spoke for or against extending Downtown District boundaries to Coward's Creek. Hearing no fu�ther comments, Mayor Smith and Planning and Zoning Chairman Holland closed this Joint Docketed Public Hearing. Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called a Joint Docketed Public Hearing to order, to receive comments from the public, either oral or written, regarding Amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, amending Section 7.Q.3 and the Regulation Matrix, regarding maximum building heights. No one spoke for or against the Regulation Matrix, regarding maximum building heights. Hearing no further comments, Mayor Smith and Planning and Zoning Chairman Holland closed this Joint � Docketed f�ublic Hearing. 10/20/2008 3019 � Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called a Joint Docketed Public Hearing to order, to receive comments from the public, either oral or written, regarding Zone Classification change for a tract of land containing 2.343 acres out of Lot 11, Block 1, Friendswood Subdivision, property located at 315 W. Shadowbend, Galveston County, TX, from Single Family Residential (SFR) to Single Family Residential, Specific Use Permit-Churches (SFR-SUP-Churches). (Friendswood Baptist Church). Steve Rocky, Friendswood resident, stated he would like to speak in opposition of the request, he lives across from the Church and his neighbors strongly support the Friendswood Baptist Church and are concerned with access on Davis Drive, the residents received correspondence on Davis Drive and the documents were confusing to him and to neighbors. Ron Soloko, with Friendswood Baptist Church stated he would like to speak in opposition of the request, the church recently celebrated 28 years, the Fire Marshal's office required limited access on Davis Drive and suggested two access roads onto Shadowbend would greatly heip with traffic and thanked the Council for their consideration. Randall Boding, Friendswood resident of Bradley Meadows Subdivision, stated he would like to speak in opposition of the request and stated he does not want additional traffic on this street. Hearing no further comments, Mayor Smith and Planning and Zoning Chairman Holland closed this Joint Docketed Public Hearing. Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called a Joint Docketed Public Hearing to order, to receive comments from the pubiic, either oral or written, regarding creating a Proposed Future Land Use Map drawn to reflect language as proposed for the Comprehensive Plan ��""` update. Skip Marlow, Friendswood resident, stated he would like to speak in favor of the request and stated he would like to ask Council to support the change to Single Family Estates, he speaks for himself and fourteen other families. Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called a Joint Docketed Public Hearing to order, to receive comments from the public, either oral or written, regarding Amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, amending Section 7.5, Community Overlay District regarding additional landscaping for larger commercial tracts. No one spoke for or against the Community Overlay District. Hearing no further comments, Mayor Smith and Planning and Zoning Chairman Holland closed this Joint Docketed Public Hearing. Mayor Smith and Councilmember Holbert have filed a conflict of interest and have excused themselves from the Council chambers. Mayor Pro-Tem Rivera and Planning and Zoning Commission Chairman Kevin Holland called a Joint Docketed Public Hearing to order, to receive comments from the public, either oral or written, regarding Zone Classification change for 4.6212 acres out of Lot 2, Biock 1, property located at FM 2351 (W. Edgewood between Woodlawn and Garden Drive), Friendswood Subdivision, according to the map or piat thereof recorded in Volume 254-A, Page 18 of the map records and transferred to Plat Record 7, Map No. 20, both of the map records of Galveston County, Friendswood, Galveston County, Texas, from � Single Family Residential (SFR)to Business Park(BP). 10/20/2008 3020 David O'Brien, Friendswood resident, stated he would like to speak in opposition of the request and asked for clarification on Business Park uses, is concerned with some of the allowed uses, the City does need a commercial base and does not think this will provide additional revenue, is concerned about the traffic for residential areas and school areas, this can change hands numerous time and can create problems. Theresa Vitek, Friendswood resident, stated he would like to speak in opposition of the request and stated she is concerned about the lighting and noise with the traffic, presented information from previous owner Cavazos regarding the opposed. Janis Lowe, Friendswood resident, stated she would like to speak in favor of the request and spoke on the buffer fence and lighting requirements between commercial and residential. Hearing no further comments, Planning and Zoning Chairman Holland closed this Joint Docketed Public Hearing. Mayor Pro-Tem Rivera kept the Joint Docketed Public Hearing open. Mayor Smith and Councilmember Holbert returned to the Chambers at this time. COMMUNICATIONS FROM THE PUBLIC There were no requests from the public to speak before Council. ACTION ITEMS **Councilmember Barr moved to approve item B regarding potential Charter amendments related to the City residency requirement of the City Manager for future discussion. Seconded by Councilmember Barker. Don Seyfert, past member of the 2007 Charter Review Commission, addressed procedural point and stated Council would probably be in violation of the Charter to proceed without the input from the Charter Review Commission, Charter does not give Council the authority to bypass the Charter Review of Commission Section 11.09, stating that there will be a Charter Review Commission, if placed before the voters, the outcome could be overturned, requires every 5 years but local governing code does provide can be amended every 2 years. Robin Hall, past member of 2007 Charter Review Commission, spoke on other items not going forward as they were not considered emergency, would like to see move forward by City Secretary for consideration by next Charter Review Commission, spoke on Mayor Pro-Tem was referenced as a honorary position in the past, think has some merit, third in command public does not have say on the appointment now, compensation for Mayor and Council, consider at next Charter Review Commission for consideration that put in place following the expiration of the current council terms, has a problem with city manager residency change, does not believe should change for one person, has heard that is to hire the current Acting City Manager and then could change the Charter back after his term. Frank Ortiz, past member of 2007 Charter Review Commission, lives on Harris County side of city, address Single Member District, increase participation by voters, keep political expenses lower, smaller areas to provide campaign, easily identifiable council member, Single Member District can be held accountable. 10/20/2008 3021 ..,� """Councilmember Barker moved to table item B regarding potential Charter amendments related to the City residency requirement of the City Manager. Seconded by Councilmember Rivera. The motion was approved unanimously. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS An annual report was given on the Friendswood Chamber of Commerce projects by Chairman Bill Rearick. CITY MANAGER'S REPORT Acting City Manager Roger Roecker provided information regarding the Sixth Annual Broker and Developer Day. In October of 2003, the City teamed up with the Friendswood Chamber of Commerce to conduct the first Annual Broker Event on the same day as the Chamber's Annual Golf Tournament. This year's 11th Annual "Swing into Fall" golf tournament, and Sixth Annual Broker and Developer Day will be held on Thursday, November 6, 2008, at Timber Creek Golf Club. Mr. Jeff Mickler of Jacob White Construction Company will be the featured speaker at the event regarding green building technology. The Mayor, members of the Community and Economic Development Committee and Staff will make presentations and interact with the commercial brokers interested in doing business in our City. The Acting City Manager provided information regarding the Community Appearance Board's Fall Haul-A- Day. Every year, one of the City's most popular events, Fall HauI-A-Day, is organized by our Community Appearance Board (CAB). At last year's Fall HauI-A-Day event, over 325 vehicles brought 120 cubic yards of trash, 180 cubic yards of recyclable yard trimmings, and 60 cubic yards of inetal to the event. This year, our annual Fall Haui-A-Day City Clean-up will be on Saturday, November 8, from 8 a.m. until 2 p.m., at Centennial Park. Friendswood residents can bring non-hazardous waste such as tree limbs, "'�' grass clippings, old appliances, old furniture, wood, metal, and plastic. Habitat for Humanity will also be on hand to pick up household items, such as furniture and household items in good condition. Mattresses will not be accepted. The Community Appearance Board would also like to encourage residents to bring items that would benefit the wildlife rehabbers in Friendswood. They need aquariums (do not have to hold water), dog and cat kennel carriers, clean rags (towels/shirts), and shallow crock bowis. These volunteers take care of the many injured wild animals that make their homes in Friendswood's green space. The City will be expecting another successful clean-up event this year. ACTION ITEMS **Councilmember Rivera moved to approve the disposition of Bid No. 2008-07 for the City Hall additional parking lot expansion and authorization for appropriations of funds and awarded to David Wight Construction, in the amount of$ 321,742.90 and authorized the Mayor to execute the contract. Seconded by Councilmember Barker. The motion was approved unanimously. **Councilmember Reid moved to approve the disposition of Bid No. 2008-08 for Uniforms, Supplies, and Services for the Public Works Department and awarded to Admiral Linen and Uniform Service, Inc., in the amount of$19,564 and authorized the Mayor to execute the contract. Seconded by Councilmember Holbert. The motion was approved unanimously � 10/20/2008 3022 RESOLUTIONS **Councilmember Rivera moved to approve Resolution R2008-80 - a Resolution of the City of Friendswood determining that land is needed for construction, installation, maintenance, operation, inspection, replacement, repair, and removal of certain public improvements as part of the EI Dorado/Friendswood Link Road Project for the City of Friendswood, Texas; approving the purchase of said easement from Paul Kiessling, property owner. Seconded by Councilmember Barker. The motion was approved unanimously. **Councilmember Barr moved to approve Resolution R2008-81 - a Resolution of the City of Friendswood determining that an easement is needed for construction and maintenance of utilities as part of the Deepwood Force Main Project; approving the purchase of said easement from the Falls at Friendswood, LLC, property owners. Seconded by Councilmember Hill. The motion was approved unanimously. *'`Councilmember Reid moved to approve Resolution R2008-82 - a Resolution of the City of Friendswood approving and authorizing the Mayor to execute, and the City Secretary to attest, an interlocal agreement by and between the City and the Dickinson Bayou Watershed Steering Committee for issues relating engineering and operating costs. Seconded by Councilmember Rivera. The motion was approved unanimously. ORDINANCES **Councilmember Hill moved to approve the First reading of Ordinance No. 2008-28, 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 amending Subparagraph b (1) and b (2) of Paragraph 3 of Subsection Q of Section 7 to provide for maximum building heights; 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 Barr moved to approve the First reading of Ordinance No. 2008-29, 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 repealing the current Section 6 and adopting a new Section 6 regarding nonconforming uses, structures, and lots; 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 Barker. The motion was approved unanimously. '`*Councilmember Hill moved to approve the First reading of Ordinance No. 2008-30, 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 amending Section 8, Subsection N (1) [figure 1], to expand the boundaries of the Downtown District; 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. 10/20/2008 3023 ,... **Councilmember Rivera moved to approve the First reading of Ordinance No. 2008-35 with recommended changes from Planning and Zoning Commission, an ordinance of the City of Friendswood granting a Specific Use Permit for property located at 315 W. Shadowbend, same being 2.343 acres, being out of Lot 11, Block 1, Friendswood Subdivision, according to the map records of Galveston County, Friendswood, Texas, for religious organization purposes; providing for the amendment of the Zoning District map of the City as adopted by Ordinance No. 84-15, the Zoning Ordinance of the City; containing other provisions relating to the subject; providing a penalty; and providing for severability. Seconded by Councilmember Reid. The motion was approved unanimously. **Councilmember Rivera moved to approve the Second and final reading of Ordinance No. 2008-36, an ordinance of the City of Friendswood amending the City's Code of Ordinances by repealing Chapter 54 article V "alarm systems" in its entirety and replacing the same with new provisions for alarm systems; providing for requirements for alarm system permits; providing for the suspension of alarm permits in certain instances; providing for the duties of alarm system companies; providing a savings clause; providing a repealing clause; providing for a penaity or fine for each offense; and providing an effective date. Seconded by Councilmember Reid. The motion was approved unanimously. *"Councilmember Barr moved to approve the First reading of Ordinance No. 2008-38, 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 19'h day of November, 1984, and being the Zoning Ordinance of the City, by amending Section 7.5 "Community Overlay DistricY' by providing for additional minimum landscaping requirements; 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 Reid. The motion was approved unanimously. ...� **Councilmember Rivera moved to approve the First reading of Ordinance No. 2008-39 with recommended changes from staff regarding definitions, an ordinance of the City of Friendswood adopting a new Future Land Use Map; providing for severability. Seconded by Councilmember Barker. The motion was approved unanimously. No action was taken to approve the First reading of Ordinance No. 2008-40, 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 changing the classification of a certain 4.6212-acre tract of land from Single Family Residential (SFR) to Business Park (BP), such tract being situated at Lot 2 of Block 1, Friendswood Subdivision, according to map or plat thereof recorded in Volume 254-A page 18 of the map records and transferred to Plat Record 7, Map No.20, map records of Galveston County, and within the City limits of the City; providing for amendment of the ordinances or parts of ordinances inconsistent or in conflict herewith; providing for severability; and providing a penalty in an amount not to exceed $2,000 for each day of violation of any provision hereof. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmembers Barker, Hill, Holbert, and Rivera stated they had no report. Councilmember Reid reported on the Home Owners Association (HOA) Meeting. The meeting was very well attended and thanked Officer Crouch for speaking on various programs available through the Police Department, it was a very successful meeting, requested a future agenda setting up a HOA Board, met with Boy Scouts, Den 9, Pack 442 who are working on citizenship badge and are watering plants in Stevenson Park, met with Councilmember Barr and City Secretary on the Youth Action Committee (YAC) � program and are moving forward. 10/20/2008 3024 � Councilmember Barr Stated he would like to urge citizens to get out and vote and to consider the Galveston County Bond Issue on the ballot. CONSENT AGENDA **Councilmember Rivera moved to approve the Consent Agenda. A. Accept Fire Station No 4 for the contractor's one-year maintenance period. B. Authorize final acceptance of drainage and utilities in the West Ranch, Stonecreek Section 1 Subdivision and authorize staff to release the contractor from the one- year maintenance bond pertaining to non-pavement improvements. C. Approve license agreement for buyout property at 5319 Shady Oaks Lane. D. Accept September property tax report. E. Approve minutes of the September 22, 2008 Meeting. Seconded by Councilmember Reid. The motion was approved unanimously. A motion was made and approved to adjourn at 9:03 PM. M or avi .H. Smith Attest: .._. � � P FR�LIy�a D oris McKenzie, TR C � �� City Secretary v Ou � * � �4�'F oF ��'� �