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Home My WebLink AboutCC Minutes 2009-06-15 Special 06/15/2009 3151 � STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( JUNE 15, 2009 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JUNE 15, 2009, 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 COUNCILMEMBER MICHAEL BARKER COUNCILMEMBER JIM HILL COUNCILMEMBER LESLIE REID (ARRIVED AT 5:50PM) COUNCILMEMBER JIM BARR COUNCILMEMBER BILL HOLBERT CITY ATTORNEY BOBBY GERVAIS INTERIM CITY MANAGER ROGER ROECKER CITY SECRETARY DELORIS MCKENZIE Councilmember Rivera was absent from the meeting. Mayor Smith called the meeting to order. � SPECIAL SESSION A discussion was held with the Parks and Recreation Board regarding proposed amendments to the City's Athletic Facility and Field Usage Policy. Community Service Director James Toney presented information to Mayor Smith and Council on past policies and updates, presented a PowerPoint regarding preliminary fee structure and scheduling, primary user group, zone map, designation user group regulations and designations, procedure for securing athletic facility or athletic field time, levels of fields and rates for level I and II fields. Discussion was held regarding the difference in the users, softball, baseball, football and la cross programs, hosting tournaments, various leagues, a process that can be used for all programs, how this effects kids outside of the city limits and players, the discussion was moved forward to be placed on the agenda. A discussion was held with the Planning and Zoning Commission (P&Z) regarding various projects. Community Development Interim Morad Kabiri presented backup information regarding Single Family Residential (SFR)-Estate zoning categories and amendments to the Permitted Used Table (PUT) for accommodation and Recreational Vehicles (RV) Parks and recreational camps. It was stated that the single family Estate designation is available now but its not being used, does the City proactively want to rezone the identified properties or wait for the individual owners or homeowner's association (HOA) to come in as the need arises, notices can be sent out that this designation is available and the risk that may be associated with this open designation for larger tracts of land which will become more attractive to developers to sub-divide to smaller lots as allowed by law and could send letters to the property owners to see who wants to opt in. The City Attorney asked to provide analysis of down zoning comparative to the "taking" process and provide informational information to property owners to help learn the process. The Recreational Vehicles (RV) Parks discussion was tabled from the last meeting to allow in Light Industrial(LI) and Industrial, it was discussed why it was proposed in Business Park (BP) and does not .--. believe the RV Park should be in BP, the City could have a requirement for a specific use permit and it not be permitted in any category except by a PUD and could say no and not allow a RV in any area, permanent is only allowed in Mobile Home Parks, temporary would only apply to RV Parks, there are 06/15/2009 3152 � some LI area's in Downtown Districts. Council asked the definition of temporary be included and asked Planning and Zoning to work on these changes quickly. A discussion was held regarding the Council Rules of Procedure. Mayor Smith and Council reviewed Resolution R2008-50, Rules of Procedure for City Council Meetings and Councii determined no changes are needed. 7:00 PM—REGULAR SESSION The invocation was given by Reverend Arturo Cadar with Friendswood United Methodist 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 for National Safety Month Human Resources Director Bill Bender, and Safety and Training Officer Norm Stuart. National Safety Month is an annual national event to promote safe and healthy living. Sponsored by the National Safety Council, citizens are encouraged to focus on injury prevention and healthy living. As there is an increase in the rates of preventabie injuries and death during the summer months, June is an ideal opportunity to remind our citizens of the importance of safety. PUBLIC HEARING .�.� Mayor Smith called a 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 amendments to Section 7, Permitted Use Table, regarding NAICS use No. 721 Accommodation and adding NAICS use No. 7212 RV(Recreational Vehicle and Parks and Recreational Camps). No one spoke for or against the amendments to Section 7, Permitted Use Table, regarding NAICS use No. 721 Accommodation and adding NAICS use No. 7212 RV. Mayor Smith left this public Hearing open. COMMUNICATIONS FROM THE PUBLIC Dallas Martin, Friendswood resident, addressed Council and commented on the new Burglar Alarm Permit Fees, stated he had an existing system put in finrelve years ago and this will be adding fee's to his already existing maintenance fee's, does not know why but he feels he is being penalized for having an alarm and thinks this will encourage residents to remove or not have alarms due to the associated fees. Mayor Smith explained the process of Counci� receiving this information and requested Mr. Martin to meet with the City Manager or can talk to a member of Council if not resolved. CITY MANAGER'S REPORT The Interim City Manager, Roger Roecker, reported on the CenterPoint Energy Hurricane Ike Costs at the Public Utility Commission (PUC). At this time, the City of Friendswood, in partnership with the Gulf Coast Coalition of Cities (GCCC), is involved in three rate cases, Texas-New Mexico Power (TNMP) rate case, CenterPoint Electric request to recover costs associated with Hurricane Ike and CenterPoint Gas Company's cost of service adjustment (COSA) application. The City of Friendswood passed a resolution .,.,,, 06/15/2009 3153 ,.... to join the GCCC and intervene in each of these cases, and the resolutions authorize the GCCC to hire the Austin-based Lloyd Gosselink law firm to review these three proposed rate increases to determine whether there are any unjustified or excessive rate increase requests. ACTION ITEMS "*Councilmember Barker moved to approve Jim Hill as the Mayor Pro-Tem for 2009-2010. Seconded by Councilmember Hill. The motion failed 3-4 with Mayor Smith and Councilmembers Barr, Reid and Rivera opposed. *""Councilmember Reid moved to approve Andy Rivera as the Mayor Pro-Tem for 2009-2010. Seconded by Councilmember Rivera. The motion passed 4-3 with Councilmembers Hill, Barker and Holbert opposed. *"Councilmember Barker moved to approve appointments of the City Council Liaisons for 2009-2010. Seconded by Councilmember Holbert. **"Councilmember Reid moved to amend the motion to correct the word YAK to Youth Advisory Council. Seconded by Councilmember Barker. The motion was approved unanimously. The main motion as amended was approved unanimously. **Councilmember Reid moved to approve Amendment No. 3 to the Flood Protection Planning Fund �- Contract with the Texas Water Development Board and authorize the Mayor to execute. Seconded by Councilmember Barker. The motion was approved unanimously. '"`Councilmember Rivera moved to approve authorizing Staff to solicit proposals for repairs and renovations to Fire Station No. 3. Seconded by Councilmember Barker. The motion was approved unanimously. ORDINANCES **Councilmember Reid moved to approve the Second and Final reading of Ordinance No. T2009-05, 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 amending Section 20, "Definitions," Subsection (P) "Home Occupation" by amending the definition of"Home Occupation"; 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 Barr. The motion was approve unanimously. No action was taken on the First reading of Ordinance No. T2009-09, 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 providing in the Permitted Use Table contained in Section 7-P thereof that the Use described in Category 721, entitled "Accommodation," may be permitted in the Industrial ("I") Districts; providing in the Permitted Use Table contained in Section 7-P thereof that the Use described in Category 721, entitled "Accommodation," be expanded by adding Use #7212 for RV (Recreational Vehicle) Parks and Recreational Camps, and providing the Zoning Districts where such Use is permitted; 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. (Previously tabled 06/01/09) 06/15/2009 3154 ..,. **Councilmember Barr moved to approve the Second and Final reading of Ordinance No. T2009-10, 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 adding in the Permitted Use Table contained in Section 7-P thereof that the use described in NAICS Category 81112, entitled "automotive body, paint, interior, and glass repair," may be permitted in the (PUD-Mixed Use), (LI) and (I) Districts, and may be permitted with Specific Use Permit(SUP) in the (CSC), (NC), (DD), and (PUD) Districts, and permitted for office use in the (OPD) District; amending Section 8.J.6 to add requirements for fencing, screening and parking for auto repair garages that perform body repair and painting; 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 approve unanimously. *"Councilmember Rivera moved to approve the First and Final reading of Ordinance T2009-11, An Ordinance amending City of Friendswood, Texas Ordinance No. 2008-33, passed and approved September 22, 2008, same being an ordinance approving and adopting the City's General Budget for Fiscal Year 2008-2009, by approving "Budget Amendment II" to the "Original General Budget of the City of Friendswood, Texas, for the Fiscal Year 2008-2009"; providing for supplemental appropriation and/or transfer of certain funds; providing for severability; and providing other matters related to the subject. Seconded by Councilmember Reid. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Several Councilmembers will address citizens concerns regarding the Certificates of Obligation (CO) ,,,�,,, process and the Capital Improvements Plan. Mayor Smith thanked Councilmember Holbert for going to Austin to represent the City in the lawsuit. Councilmember Hill thanked Staff for staying with Council until midnight last Thursday at the Town Hall meeting. Councilmember Holbert stated if anyone sees an agenda item in the Focus that would be interesting to citizens, would like to see reports from Council to give quarterly reports for publication in the focus, it is at the City disposal along with other means of communicating with the public, would like to workshop this at a later date, does not feel the City has means to communicate with the public. Stated he traveled with City Manager Roger Roecker to Austin to the court hearing, there were citizens that attended, as it is customary allowed to gather their information and asked over and over again to seek an Attorney General (AG) opinion, discussion with the Deputy AG, the AG has sided and joined with the City in seeking final judgment for Certificates of Obligation (CO) and the parkland outside the City limits has offered no opinion and stated the City is Home Rule and the City only has to show the Charter has no restrictions, the hearing was re-set for July 13, 2009, at 9:00 am. Councilmember Barr thanked Staff and Citizens for staying with Council last Thursday for the Town Hall meeting and he would like to see more information on the web site for the public to have information in addition to what Councilmember Holbert suggested. Mayor Smith stated it was made clear to Council last week that there was an issue of communication, a couple of ideas were addressed tonight and Council will continue to work on this in the future. Councilmember Rivera stated he would like to be proactive and to put out as much information as ...�, possible in the future. 06/15/2009 3155 � Councilmember Reid stated that last week Thursday night was quiet a week all week long, after thinking about it the next day, came to the conclusion that Council had worked prior to the Bond Election on the best way to get the information out to the public, to get the full picture out there at the Council meetings on the first and third Monday of the month, group builder, focus, web site and working on stream lining the video, communication is a two way street, if anyone has a question call any Councilmember, citizens that were engaged last Thursday need to stay engaged. Announced the prayer breakfast for next Saturday and invited everyone to attend. Councilmember Barker stated communication is a two way street and agrees with Councilmember Reid, thanked Staff and citizens for staying with Council last Thursday. CONSENT AGENDA *"Councilmember Rivera moved to approve the Consent Agenda as presented A. Approving acceptance of the 2008-09 Asphalt Street Project, Wilderness Tcails, for the contractor's one-year maintenance period and authorize the Mayor to execute. B. Approving the disposal of four out-of-service Police Department vehicles. C. Accepting notice from Crown Castle GT Company LLC, to add a co-locator to the communications tower at 109 E. Willowick and authorize the Mayor to execute the notice. D. Accepting the May 2009 Property Tax Report. E. Approving Minutes of May 4 and May 18, 2009 Meetings. Seconded by Councilmember Reid. The motion was approved unanimously. WORK SESSION ""'" A discussion was held regarding the Water and Sewer Projects being considered in the Revenue Bond Sale. Administrative Service Director Cindy Edge presented a PowerPoint with approved projects, remaining projects after funding with Economic Development Administration (EDA) grant, proposed bond issues and added projects to prioritization list. Council reviewed various options and past discussions and funding possibilities including looking for additional grants, Council concurred to stay with the proposed $12 Million projects, 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, Section 551.072 — Deliberation regarding real property and Section 551.074— Personnel Matters (City Manager). Council convened into Regular Session with no action taken later in the meeting. .�. 06/15/2009 3156 � RECONVENE INTO OPEN SESSION A motion was made and approved to adjourn at 10:00 PM. Ma David J. . Smith Attest: F R�EN ` . �" O�` ��y . � � ov Deloris McKenzie, TR C City Secretary * * � �4rF OF '��P� ...� —.�