HomeMy WebLinkAboutCC Minutes 2008-11-03 Special 11/03/2008 3025
�-- STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
NOVEMBER 03, 2008 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, NOVEMBER 03, 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(arrived at 5:40 PM)
COUNCILMEMBER MICHAEL BARKER
COUNCILMEMBER JIM BARR
COUNCILMEMBER JIM HILL
COUNCILMEMBER LESLIE REID (arrived at 5:24 PM)
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 2009 Capital Improvement Projects. Community Development
�-- Interim Director Morad Kabiri, presented the 2009 Capital Improvement Projects (CIP) Manual. The intent
of the manual is to assess the City's infrastructure needs in the coming years. This year's CIP Manual
covers a variety of projects ranging from drainage and facility needs to utility projects. Staff is not asking
for Council approval at this time, Council had requested this information as an educational tool, estimated
$51 million dollars. Mayor and Council had a question and answer discussion regarding priorities as
developed by Staff, due to recent events need to look at the projects closely, a large factor will be the
results of the County Bond Election that is being held, suggested to review everything at the next
Council/Staff Retreat, timeline the City is looking at is five years and beyond, look at common measuring
sticks project to project, is the cost of the panhandle project cost effective as to the expected returns and
asked about the Brittney Bay extension to FM 2351 and the City's and developer's cost to develop,
completion of West Ranch and Friendswood Lakes may drive the development of the Britney Bay project,
parkland acquisition Baker Road facilities, Council asked about City looking at parkland at Imperial
Estates, discussed detention projects, this information provides a good tool for Council to work on at the
future retreat.
A discussion was held regarding projects for the Series 2008 Water/Sewer Revenue Bond Issue and
Water and Sewer Rates. Ryan O'Hara with RBC Capital Markets presented Market Update, for
Waterworks and Sewer System Revenue Bonds Series 2008. Mr. O'Hara presented the current market
conditions, suggested to wait for the market to turn around before selling bonds.
Administrative/Accounting/Utility Department Director Cindy Edge, presented a sample of the rate
comparisons with changing minimum usage from 3 million gallons to 2 million gallons, changing minimum
usage would shift users, comparisons to neighboring City rates, financial impact on seniors, the City has
adequate water supply to build-out of 57,500 population. Council concurred to stay at 2 million gallons
minimum.
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A discussion was held regarding amendments to the City's Utility Impact Fee Study. Community ,....
Development Interim Director Morad Kabiri, stated the City is required to update every five years but may
update sooner as seen necessary, Council will consider a Resolution at the next Council meeting,
proposed minimum fee of $3,100, co.mparatively conservative increase of approximately 10°/a compared
to 40/45% joint discussion with Planning and Zoning Commission members, if developer has an
application for plat approval or a recorded plan the developer is vested under the current fee structure,
charges are for new services only.
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 7:00 pm with no action taken later in the meeting.
RECONVENE INTO OPEN SESSION
REGULAR SESSION
The invocation was given by Pastor Mike Ross with Friendswood Church of Christ.
Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas.
SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS
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Mayor Smith presented a proclamation to Leanna Bridgett, representing Friendswood Independent
School District for National Community Education Day.
A Certificate of Achievement from the Government Finance Organization Association for Excellence in
Financial Reporting was presented to Acting City Manager Roger Roecker, Administrative Service Acting
Director Cindy Edge, Budget Manager Katina Hampton and Accounting Manager Rhonda Bloskas.
PUBLIC HEARING
Mayor Smith called a second 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 Hazard Analysis and Mitigation Plan.
Mayor Smith and Councilmember Holbert excused themselves from the Council Chambers for this portion
of the Public Hearing.
Mayor Pro-tem Rivera called a 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, Block 1, property located at
FM 2351 (W. Edgewood between Woodlawn and Garden Drive), Friendswood Subdivision, Galveston
County, Texas, from Single Family Residential (SFR)to Business Park(BP).
David O'Brien, Friendswood resident, spoke in opposition of the request and stated he is questioning the
process and would like to look at it closely, Mayor and Councilmember involved, some say did not receive
written notification and that possibly the required signage was not placed on the property. "'""'"
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�-- Fred Krch, Friendswood resident, addressed Councit and stated he cannot understand why
administration does not get the message out to the public so that the public could stay informed, the
information could not be found in the newspapers.
Hearing no further comments Mayor Pro-tem Rivera closed this Public Hearing.
Mayor Smith and Councilmember Holbert returned to the Council Chambers at this time.
JOINT DOCKETED PUBLIC HEARING
Mayor Smith and Planning and Zoning Commission Chairman 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 permitting
"Other Amusement and Recreation Industries" (1997 NAICS #7139) in Light Industrial and Industrial
zoning districts without a specific use permit.
No one spoke for or against amending Appendix C of the Zoning Ordinance.
Hearing no further comments, Mayor Smith and Planning and Zoning Commission Chairman Holland
closed this portion of the Joint Public Hearing.
COMMUNICATIONS FROM THE PUBLIC
Mike Rebescheu, Friendswood resident, addressed Council and spoke on the development process for
Lakes at San Joaquin, has been working with Staff and yes, it was tedious, but the subdivision is
completed, it was a well thought out residential development and built to the highest quality of standards,
"'"' thanked the Staff for all of their oversight and stated it has been a pleasure working with the City and is
comfortable now that it is done.
Fred Krch, Friendswood resident, addressed Council and stated back in March Mayor Smith stated he
was going to talk about Lake Windemere. Mr. Krch read a quote from Albert Einstein directed at Mayor
Smith and read a quote from refigious literature and stated the comments made to him at a previous
Council meeting regarding appearing 38 times before Council was wrong, will appear before Council in
the future regarding some constitutional information.
Rick Eckersley, President of Pilgrims Point Subdivision, addressed Council and apologized for appearing
before Council late in the game regarding the proposed Land Use Plan, specifically as it addresses 1301
Winding Way, abuts lots in Pilgrims Point Subdivision, concerned that this change from Single Family
Residential could result in large commercial development and expressed concern with increase in traffic.
Staff explained that this is a planning tool, the property would have to be rezoned to change from Single
Family Residential and plans would have to be submitted, this is not an obligation from Planning and
Zoning Commission and Council.
Steve Rockey, addressed Council and stated he would like to speak on the item regarding the church, he
is the closest neighbor and speaks in support of the rezoning and does not think this will create a lot of
traffic, is impressed with the response from Community Develppment Interim Director Morad Kabiri after
calling Mr. Kabiri several times.
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Bobbie Jones, Friendswood resident, addressed Council and stated Hurricane Ike devastated Forest ..,
Bend Park with severe tree damage went out for bids for clean up and came in outside of their funding
capability, contacted Councilmember Hill, Brett Nichols and talked to the Forest Bend Homeowner's
Association (HOA) President, Leanne Baust and came up with idea to contact Corey Kirkland with
Cornerstone Landscaping, Mr. Kirkland came up with a bid for $15,000 which was the lowest bid, this
could not have happened without this help.
**Councilmember Rivera moved to approve consent agenda item 15C to accept drainage and utilities in
the Lakes of San Joaquin, Section II subdivision for the contractor's one-year maintenance period.
Seconded by Councilmember Reid. The motion was approved unanimously.
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
Executive Director Dan Seal from Bay Area Houston Economic Partnership (BAHEP) gave an Annual
report on BAHEP's activities.
ACTION ITEMS
**Councilmember Rivera moved to approve the disposition of Bid No. 2008-09 for the Deepwood Lift
Station Replacement Project and authorizing the appropriation of funds and awarded to N&S
Construction Co., LP, in the amount of$2,208,200.00 and authorized the Mayor to execute the contract.
Seconded by Councilmember Reid. The motion was approved unanimously.
""Councilmember Hill moved to approve re-instating previous Charter Commission to address this one
item and schedule a Public Hearing regarding potential Charter amendment related to City residency
requirements of City Manager.
Seconded by Councilmember Reid. -�
***After a lengthy discussion regarding the process Councilmember Hill withdrew his motion.
Seconded by Councilmember Reid.
Mayor Smith suggested appointing a special committee made up of previous Charter Review Commission
and holding a combined work session at the next Council meeting.
RESOLUTIONS
**Councilmember Reid moved to approve Resolution R2008-83 - a Resolution of the City of Friendswood
hereby designating Councilmember Andy Rivera as Representative and Councilmember Michael E.
Barker as Alternate to the Houston — Galveston Area Council 2009 General Assembly and Board of
Directors.
Seconded by Councilmember Holbert. The motion was approved unanimously.
**Councilmember Reid moved to approve Resolution R2008-84- a Resolution of the City of Friendswood
authorizing the Mayor to execute a financing agreement by and between the City and Government
Capital Corporation for the purchase of two fire pumper trucks and a Gradall excavator for the City.
Seconded by Councilmember Hoibert. The motion was approved unanimously.
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11/03/2008 3029
...— ORDINANCES
**Councilmember Barr moved to approve the Second and final 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 Reid. The motion was approved unanimously.
"*Councilmember Rivera moved to approve the Second and final 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 Hill. The motion was approved unanimously.
**Councilmember Rivera moved to approve the Second and fina� 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 Hill.
***Councilmember Holbert moved to table Ordinance No. 2008-30 amending Appendix C of the
Friendswood City Code.
Seconded by Councilmember Rivera. The motion was approved unanimously.
*"Councilmember Reid moved to approve the Second and final reading of Ordinance No. 2008-35, 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 Hill. The motion was approved unanimously.
**Councilmember Barr moved to approve the Second and final 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 19th 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.
11/03/2008 3030
**Councilmember Rivera moved to approve the Second and final reading of Ordinance No. 2008-39, an ,.,.,
ordinance of the City of Friendswood adopting a new Future Land Use Map; providing for severability,
with correction to the property located at Canal and FM528 being Single Family Residential and the
existing zone will remain the same until change is made according to guidelines and includes new Estate
Lots.
Seconded by Councilmember Barker. The motion was approved 6-1, Councilmember Reid opposed.
**Councilmember Holbert moved to approve the First reading of Ordinance No. 2008-41, 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 providing in the Permitted Use Table contained in
Section 7-P thereof that the use described in Category 7139, entitled "Other Amusement and Recreation
Industries," may be permitted in the Light Industrial ("LI") and Industrial ("I") Districts; providing other
matters relating to the subject; 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.
Mayor Smith and Councilmember Holbert excused themselves from the meeting.
**Councilmember Barr moved to approve the Second and final 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. (Previously tabled
10/20/08)
Seconded by Councilmember Barker. The motion was approved 5-0.
Mayor Smith and Councilmember Holbert returned to the Meeting.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Barr stated that he would like to remind everyone that Fall HauI-A-Day is this Saturday at
Centennial Park with the Community Appearance Board (CAB), hazardous waste will not be accepted at
Centennial Park but can be taken to Pearland.
Councilmember Hill stated that 10,500 people voted in Friendswood and appreciated the turn out.
Councilmember Rivera stated he would like to encourage everyone to vote on November 4, 2008.
Councilmember Holbert stated he would like to thank the City Secretary's Office, Community Services
Director, James Toney and the Police Department for their police efforts during this phenomenal voter
turnout and also stated he attended the Texas Municipal League and it was very good.
Councilmember Reid stated she attended the Community Appearance Board (CAB) Meeting, reported
attended the Plant the Promise breakfast which is an extension of Red Ribbon Week and they are
actually planting the trees in both Harris and Galveston County, the highlight of the breakfast was two
students getting up discussing CLEAR which represents 7th through 12th grade that agree to be drug free,
schools are seeing an immediate impact, November 15, 2008 is the prayer breakfast at Church of Christ, �
and informed everyone that Wednesday, November 5, 2008, is the Mayor's birthday.
11/03/2008 3031
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Mayor Smith thanked the Friendswood Chamber of Commerce for the annuai Halloween in the Park, it is
a safe and easy place for trick and treating, and also thanked the Police Department for a job well done in
supporting traffic control during voting.
CONSENT AGENDA
**Councilmember Reid moved to approve the Consent Agenda as presented. A. Approve renewai of
contract with Bay Area Houston Economic Partnership for economic development services. B. Accept the
Public Safety Building for the contractor's maintenance period. C. Approve a letter to the U.S. Army
Corps of Engineers requesting an extension for the selective clearing of debris and obstructions in Clear
Creek and authorize the Mayor to execute the letter. D. Approve Minutes of September 29 and October
06, 2008 Meetings.
Seconded by Councilmember Holbert. The motion was approved unanimously.
A motion was made and approved to adjourn at 9:27 PM.
May Da id J. . Smith
Attest:
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City Secretary * �
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