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HomeMy WebLinkAboutCC Minutes 2009-10-05 Special 10/05/2009 3228 � STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( OCTOBER 05, 2009 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, OCTOBER 05, 2009, 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 COUNCILMEMBER JIM HILL COUNCILMEMBER LESLIE REID COUNCILMEMBER BILL HOLBERT COUNCILMEMBER JIM BARR CITY ATTORNEY BOBBY GERVAIS CITY MANAGER ROGER ROECKER CITY SECRETARY DELORIS MCKENZIE Councilmembers Barker and Rivera were absent from the meeting. Mayor Smith called the meeting to order. SPECIAL SESSION ..�, A discussion was held regarding a proposed rate increase with IESI for Solid Waste Collection services. Finance Director Cindy Edge introduced representatives from IESI and reported IESI did not request an increase last year due to Hurricane Ike and overlooked by IESI representative. District Manager of IESI, Royce Gray, provided statistical data and requested Council approve this request. Mr. Gray discussed the recycling program and possibly look at larger bins and public collection sites, if left unmanned then it gets contaminated easily. Other options for public recycling bins is to have coordinated efforts with youth sports and fewer markets or funding for glass recycling, not sure why is still a part of the City program, IESI would suggest removing from recycling program. The most valuable is paper products and suggest replacing glass with corrugated paper, may e-mail any concerns or questions to friendswoodiesi.com. Thanked the City for consistent good service and support for community clean up events, rate increase passes through to customers. Action will be taken on the next agenda for an increase of approximately .40 cents per billing cycle. A discussion was held with the Planning and Zoning Commission regarding amendments to the Zoning Ordinance for Height Exceptions. Community Development Director Morad Kabiri stated this amendment was brought to Council from a Planning and Zoning Commission recommendation. Varying height changes are being proposed along with wind turbines and solar power, adding to Regulation Matrix, applies to existing and new construction. Discussed varying application of the height restrictions and set backs, this would allow for maximum of 40 foot for all zone categories. A discussion was held with the Planning and Zoning Commission regarding amendments to the Subdivision Ordinance, Section II for submission of plats and Section III for general requirements and design criteria. Community Development Director Morad Kabiri addressed the proposed amendment to Section II adding a requirement for drainage district approval of preliminary and final plats. This is a result of the City's interlocal agreement with the Galveston County Consolidated Drainage District. ,,._„ Further changes within Section II include removing an incorrect reference to a "triplicate" application form. The proposed amendment to Section III corrects wording and an incorrect distance for cul-de-sacs. It also removes the requirement for Garden Home District (GHD) and Planned Unit Development (PUD) 10/05/2009 3229 ... zoning for private streets. The difference between the two entities could become a legal conflict, no room for variance, the City becomes an enforcement arm for the drainage district. Could move forward with the preliminary plat but not give final plat approval without drainage district approval, once becomes an ordinance there is no variance capability from that requirement, the City's practice now is to not approve the final plat without the drainage district approval. RECONVENE INTO OPEN SESSION 7:00 PM—REGULAR SESSION The invocation was given by Pastor McCauley Austin with Friendswood Baptist Church. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC There were no speakers from the public. CITY MANAGER'S REPORT City Manager Roger Roecker reported on the Community & Economic Development Committee (CEDC) Broker/Developer Day and stated 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 twelfth annual "Swing into Fall" golf tournament, and Seventh Annual Broker and Developer Day Event will be held on Thursday, October 15, 2009 at Timber Creek Golf Club. Bob Mitchell, President of the Bay Area Houston Economic Partnership and Dr. Bob Hodgin, economist from �"' the University of Houston-Clear Lake will be the featured speakers at the event. The Mayor, the Chair 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. ACTION ITEMS *"Councilmember Reid moved to approve the Friendswood Fine Arts Institute's plan to provide visual and performing arts services for the City and in support of and include a proclamation from Council. Seconded by Councilmember Barr. The motion was approved 5-0. Helen Zuella, addressed Council and presented information on the Friendswood Fine Arts Institute (FFAI) and proposed a plan of filing for 501-C3 non-profit corporation. Ms. Zuella stated art crosses many lines and proposed a location at Friendswood Independent School District(FISD) Jr. High, requested the City's permission to provide access to the City's grant writer, to advertise in City sponsored publications, to link City's website link to FFAI site, to advertise on Groupbuilder and the PEG channel, to utilize City Staff in organizing events, to use security for events, to obtain sign-up signatures for camps and events. Would like the City's support in promoting FFAI, assistance in setting up and taking down booths at events and help in obtaining the 501-C3 status. A PowerPoint presentation was provided and stated there will be an informational meeting held at the Friendswood Library on Saturday October 10, 2009, if anyone is interested in joining. Julie Moncrief, Friendswood resident, addressed Council and read a letter from Dennis LaValley, Arts Department Chairman of Alvin Community College in the support of the FFAI. Mary Warren, Friendswood resident, addressed Council and stated she is in support of the proposal � which will benefit all ages. �.� 10/05/2009 3230 .,_.. Tamara Wimer, Friendswood resident, addressed Council and stated she is in support of establishing fine arts for families and this would open up opportunities for all ages. Yvonne Barineau, Friendswood resident, addressed Council and stated Friendswood is wonderful but something is lacking and a fine arts program is badly needed, this will instill in youth love for fine arts and will add to all that Friendswood has to offer. Kris Turney, Friendswood resident, addressed Council and stated Friendswood is a wonderful place to live and raise families, spoke in support of establishing fine arts, this will leave a legacy for generations to come and enjoy for a lifetime. **Councilmember Reid moved to approve the assignment of the City's votes as property owners in the Imperial Estates Subdivision to the Imperial Estates Homeowner's Association Board for all matters except elections and fees/assessments. Seconded by Councilmember Holbert. Harold Benson, Friendswood resident, addressed Council and stated the City owns seven lots and has seven votes, the Imperial Estates HOA has submitted amendments to the covenants and restrictions and asked for Council's vote, did not ask for assignment of the City's votes. Jimmie King, Friendswood resident, addressed Council and stated he lives in the Shadowbend subdivision and has a list that states there are 82 lots with 9 lots owned by the City. He is opposed to the board of directors having voting rights, the board members have individual voting rights, votes from the City would grossly sway the vote. This has not been discussed with membership and is not appropriate ,�.- for the City to interfere with the homeowners, majority votes ruled without the votes from the City, does not think the City should vote and does not agree with proposed deed restriction changes. ***Councilmember Reid moved to table for additional information and asked the City Attorney to research regarding the Imperial Estates HOA legal standing with Secretary of State. Seconded by Councilmember Holbert. The motion was approved 5-0. RESOLUTIONS "*Councilmember Barr moved to approve Resolution R2009-53 - a Resolution of the City of Friendswood authorizing ratification of the unanimous settlement agreements in Public Utility Commission of Texas Docket Nos. 36918 and 37200 regarding CenterPoint Energy Houston Electric, LLC's applications for approval of hurricane restoration costs and of a financing order authorizing securitization of such costs; and finding that the meeting at which this resolution is passed is open to the public as required by law. Seconded by Councilmember Holbert. The motion was approved 5-0. ""Councilmember Holbert moved to approve Resolution R2009-54 - a Resolution of the City Council of the City of Friendswood, Texas, approving the City's Public Funds Management and Investment Policy. Seconded by Councilmember Reid. The motion was approved 5-0. "*Councilmember Reid moved to approve Resolution R2009-55 - a Resolution of the City Council of the City of Friendswood, Texas, authorizing the Mayor to execute, and the City Secretary to attest, an amendment to that certain interagency agreement between the City and Harris County, adopted as part of Resolution No. R2007-19, regarding the construction of EI Dorado Boulevard (Friendswood Link Road) from Beamer Road to Blackhawk Boulevard Seconded by Councilmember Hill. The motion was approved 5-0. � 10/05/2009 3231 ... **Councilmember Hill moved to approve Resolution R2009-56 - a Resolution of the City of Friendswood supporting retaining a full-time Federal Judicial Bench in the Galveston Federal Courthouse. Seconded by Councilmember Reid. The motion was approved 5-0. No action was taken on Resolution R2009-57 - a Resolution of the City of Friendswood, Texas, Galveston/Harris Counties, submitting nomination(s) to the Board of Directors of the Galveston Central Appraisal District for 2010-2011. No action was taken on Resolution R2009-58 - a Resolution of the City Council of the City of Friendswood, Texas, Galveston/Harris Counties, nominating a candidate for a position on the Board of Directors of the Harris County Appraisal District for 2010-2011. ORDINANCES **Councilmember Barr moved to approve the First and Final reading of Ordinance No. T2009-22, an ordinance approving and adopting the City of Friendswood, Texas, General Budget for the fiscal year 2009/2010; making appropriations for the City for such fiscal year as reflected in said budget, and making certain findings and containing certain provisions relating to the subject. Seconded by Councilmember Reid. The motion was approved 4 -1 with Councilmember Hill opposed. **Councilmember Holbert moved to approve Maintenance and Operation tax rate of $0.4997/$100 valuation. Seconded by Councilmember Reid. The motion was approved 5-0. **Councilmember Holbert moved to approve the Debt Service tax rate of$0.48/$100 valuation. �... Seconded by Councilmember Reid. The motion was approved 5-0. ""Councilmember Hill moved to approve the First and Final reading of Ordinance No. T2009-23, an ordinance providing for the levy and collection of ad valorem taxes of the City of Friendswood, Texas, for the year 2009; providing the date on which such taxes shall be due and payable; providing for penalty and interest on all taxes not timely paid; providing for severability; and repealing all ordinances or parts of ordinances inconsistent or in conflict herewith. Seconded by Councilmember Reid. The motion was approved 5-0. At this time, Councilmember Hill recused himseif from the meeting. *"Councilmember Reid moved to approve the First reading of Ordinance No. T2009-24, an ordinance of the City of Friendswood, Texas, approving the renaming of the portion of Rolling Stone Drive south of Sandy Lake Drive to "Dominion Court"; providing various findings and provisions related to such change; and providing a severability clause. Seconded by Councilmember Barr. The motion was approved 4-0. At this time, Councilmember Hill returned to the meeting. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Reid reported there will be an Art Alliance Meeting at the library on Saturday at 1:OOPM. Mayor Smith reported on the community support for Barn Raising for the Friendswood Heritage Museum and thanked those that came out for Coffee with the Mayor, looks forward to this new tradition. � ..�,�.�.�. ��_--—■ 10/05/2009 3232 � 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 with no action taken later in the meeting. RECONVENE INTO OPEN SESSION A motion was made and approved to adjourn at 8:59 PM. � May Dav' J . Smith Attest: � pF FR�ENO . � � S'�O � Delons McKenzie, T MC v City Secretary * * cP ��rF OF ?E�'P� ..-,.