HomeMy WebLinkAboutCC Minutes 2006-10-16 Special 10/16/06 2564
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
OCTOBER 16, 2006 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, OCTOBER 16, 2006, 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 CHRIS PEDEN
COUNCILMEMBER LAURA EWING
COUNCILMEMBER JOHN LECOUR
COUNCILMEMBER JIM HILL
COUNCILMEMBER JAY HORECKY
COUNCILMEMBER MEL MEASELES
CITY ATTORNEY JOHN OLSON
ACTING CITY MANAGER ROGER ROECKER
CITY SECRETARY DELORIS MCKENZIE
Mayor Smith called the meeting to order.
5:00 PM—SPECIAL SESSION
Discussion was held with members of the Charter Review Commission. Mayor Smith and Charter
Review Commission Chair Hancock called the meeting order. Chair Hancock stated she was there to
give Council an update of where the Commission is at, has reviewed the Charter through Section 8:05
(e), reviewed page by page and section by section, flagged items for discussion from the Commission
and from the list from the City Secretary, after the first review will go back through to determine which
items to recommend to Council, and have met three times. Mayor Smith stated he met with the
Commission for their first meeting and gave an overview of expectations and facilitated election of
Chairman and Co-Chairman. The Commission reviewed certain items flagged such as eminent domain,
compensation, adding Harris to Galveston County designation, glossary of terms, specifically officer
defined, some recommendations for Council for consideration to add to Council policy and procedure, has
provided information to the City Attorney from the Castle Coalition to look at codes regarding eminent
domain that includes data on economic development. Council discussed defining use of emergency
funds as set out in Section 8.04 (b), Charter states 10% of annual budget, some ambiguity in current
wording, needs definition or clarification regarding how to define an emergency, needs to be included in
Commission's review, may consider wording per event, need clarity for emergencies or events. Council
asked the Commission to review ethics that are in the Charter and have clear definition of this issue. The
Commission stated they will review items that have been discussed and will bring back to Council for
recommendation and then Council will determine what goes to the voters. Council asked the
Commission to give Council the dissenting information background which will be helpful for Council
review, asked Commission to not limit the items to bring to Council, will consider everything, and will be
available to meet or confer with Commission if needed. Council thanked the Commission for the time they
have already spent on their review of the Charter.
5:57 PM—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
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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. (To fill vacancies on Planning and Zoning
Commission and Zoning Board of Adjustment and Appeals; City Manager search)
Council convened into Regular Session at 7:00 pm with action taken later in the meeting.
7:00 PM— REGULAR SESSION
The invocation was given by Acting City Manager Roger Roecker.
Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas.
SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS
Acting City Manager Roger Roecker presented the Five Star Spirit Employee Award for the Second
Quarter of 2006 to Frank Manigold, Building Official in the Community Development Department. Council
complimented Frank and told him glad he is here. Adam Hill spoke regarding the help Frank gave him on
understanding the process for building in Friendswood.
Mayor Smith presented the 10t" Community Spirit Award to Janie Honeycutt for her services to the Parks
and Recreation Board and to the City.
Mayor Smith presented a Proclamation for pomestic Violence Awareness Month in October.
Mayor Smith presented Proclamations for Red Ribbon Week in Friendswood for Clear Creek Independent
School District (CCISD) and Friendswood Independent School District (FISD). FISD was represented by
four representatives. CCISD representatives were not present.
COMMUNICATIONS FROM THE PUBLIC
Mike Sharp, 1200 Shooting Star, addressed Council and expressed concerns regarding Resolution
R2006-29 U.S. Immigration and Nationality Act, does not know if this is City business, this is bad form to
act on a national item.
Wanda Njaa, 1105 W. Viejo, addressed Council and spoke regarding Ordinance T2006-26, Nuisance
Abatement and Weeds, asked Council to consider some height restrictions, stated this summer a lot on
the corner from her was over a head tall. Council discussed the weed ordinance and any violations
should be called into the City and will be handled. Councilmember Hill stated he would be asking the
Council to consider amending all agricultural properties.
Carol Benson, 1104 W. Viejo, addressed Council and stated she has been a resident of Friendswood
since 1992, spoke on Building Official Frank Manigold and expressed appreciation to Mr. Manigold for his
help with Code Enforcement, requested to speak against the Nuisance Ordinance, expressed concerns
regarding height, asking for height to be nine inches, anything over knee high is too high, concerned
about rodents and mosquitoes, the growth on a lot on the corner was over head tall, three vacant lots are
adjacent to the property that could become contiguous and could increase area of area that hay is being
grown, many of neighbors agree and submitted a petition from some property owners in opposition to the
proposed weed ordinance, takes over a month long to go through the City process to get property
mowed, asked for responsible homeowners and if not have City ordinance and City process to rely on,
need to find an answer to not allow high weeds. Council discussed the process, ten-day letter is sent and
signed for and then usually takes five days to process, posted on property as well, can take up to a month
to process and have mowed, some planted areas grow faster than others, have to look at elevation of
property, non-agricultural property is abated at nine inches in the nuisance ordinance, proposed
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ordinance is 24 inches with a 50 foot buffer around the agricultural area if it is in a Single-Family
Residential area, discussed time of process with Code Enforcement, possibly have the Development
Review Committee look at this ordinance and process for getting property mowed, there is a State law
that provides for one time notification for multiple violations.
**Mayor Smith moved to suspend the Council rules to take items 12 and 13 out of order.
Seconded by Councilmember Peden. The motion was approved unanimously.
RESOLUTIONS
**Councilmember Peden moved to approve Resolution R2006-29 - a Resolution of the City Council of the
City of Friendswood, Texas, imploring and urging the President and the Executive and Legislative
Branches of the United States Government to strongly enforce the United States Immigration and
Nationality Act, Title 8 USC 1101-1537, and to approve into law, in the next congressional session, the
necessary amendments to such act to address our citizens' concerns regarding the negative impact the
porous borders of our country are having on national security and the quality of life in our cities, our
states, and our nation.
Seconded by Councilmember Hill. The motion was approved 6-1, with Councilmember Ewing opposed.
ORDINANCES
**Mayor Smith moved to approve Ordinance No. T2006-23, 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 adding to Subsection J of Section 8 thereof a new Paragraph 10;
providing certain exceptions from screening, buffering, landscaping, driveway width, and yard and
setback requirements for gasoline filling stations located within the Original Business 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 Peden. The motion was approved 6-1, with Councilmember Ewing
opposed.
**Councilmember Peden moved to approve Ordinance No. T2006-26, an Ordinance of the City of
Friendswood amending the Code of Ordinances of the City of Friendswood, Texas, by revising the
definition of"weeds" contained in Section 26-105 of Article IV of Chapter 26 thereof; providing that certain
agricultural vegetation be excepted from abatement as a public nuisance; providing for severability; and
repealing all ordinances or parts of ordinances inconsistent herewith.
Seconded by Councilmember Measeles.
***Councilmember Measeles moved to table for a workshop.
Seconded by Mayor Smith. The motion failed 3-4 with Councilmembers LeCour, Hill, Horecky, and
Peden opposed.
****Councilmember Peden moved to amend the main motion to provide that agricultural - property buffer
area be 9 inches high.
Seconded by Councilmember Ewing. The motion to amend was approved unanimously.
*****Councilmember Ewing moved to amend the main motion to allow natural state property be excepted
from abatement.
Seconded by Councilmember Measeles. The motion was withdrawn for Staff to bring back information
regarding natural state for workshop.
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******Councilmember Horecky moved to amend the main motion to leave agricultural - property area be 9
inch buffer with 24 inch interior for uncultivated vegetation.
Seconded by Councilmember Peden. The motion to amend was approved unanimously.
*******The main motion as amended was approved 6-1, with Mayor Smith opposed.
**Councilmember Horecky moved to approve Ordinance No. T2006-27, an Ordinance of the City of
Friendswood altering the prima facie speed limits established for vehicles under the provisions of
§545.356, Texas Transportation Code, upon the basis of an engineering and traffic investigation, upon
certain streets and highways, of parts thereof, within the corporate limits of the City of Friendswood, as
set out in this ordinance; and providing a penalty of a fine not to exceed $200 for the violation of this
ordinance.
Seconded by Councilmember Peden. The motion was approved unanimously.
ACTING CITY MANAGER'S REPORT
Acting City Manager Roger Roecker reported on the 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 ninth annual "Swing into
Fall" golf tournament, and Fourth Annual Broker and Developer Day Event will be held on Thursday,
October 19 at Timber Creek Golf Club. Elizabeth Morris with Insight Research Corporation will be the
featured speaker at the event regarding Friendswood's retail opportunities. 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 the City. The Mayor and Council's involvement in
this important event is appreciated.
Acting City Manager Roger Roecker reported on the Lone Star Libraries Grant Award. The Texas State
Library has announced the award of a $6,274 grant to the Friendswood Public Library. This is the fifth
year that the City has received this funding. Staff plans to use a portion of this year's grant to purchase
additional books in support of early literacy workshops and the emergent literacy concepts that are being
introduced into the library's regular toddler and preschool story times. These items are in support of the
Library's long range plan, and this grant will be put to good use.
ACTION ITEMS
**Mayor Smith moved to approve the recommendation to appoint Marcus Rives for a 3-year term to the
Planning and Zoning Commission.
Seconded by Councilmember Peden. The motion was approved unanimously.
**Mayor Smith moved to approve the recommendation to appoint alternate members Ric Miller, Linda
Thornton and Mike McDonald and move Elisabeth Wagner from alternate member to regular member of
the Zoning Board of Adjustment and Appeals.
Seconded by Councilmember Horecky. The motion was approved unanimously.
**Mayor Smith moved to award Bid No. 2006-13 for the Bay Area Boulevard 14" Waterline Loop Project
to Haddock Construction Company and authorize the Mayor to execute the contract.
Seconded by Councilmember Hill. The motion was approved unanimously.
**Mayor Smith moved to award Bid No. 2006-14 for Uniforms, Supplies and Services for Public Works to
Admiral Linen & Uniform Service and authorize the Mayor to execute the contract.
Seconded by Councilmember Peden. The motion was approved unanimously.
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**Councilmember LeCour moved to modify the Council Rules of Procedure to prohibit all meetings from
starting before 6:00 PM and adjourning or recessing by 11:00 PM.
Seconded by Councilmember Peden.
***Councilmember Horecky moved to table.
Seconded by Councilmember Measeles. The motion to table was approved 6-1 with Councilmember Hill
opposed.
**No action was taken regarding a proposed settlement agreement in Cause No. H-05-2627; Michael
O'Toole vs. City of Friendswood, in the United States District Court, Southern District of Texas, Galveston
Division.
9:15 PM—CLOSED EXECUTIVE SESSION
Council reconvened 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. (To fill vacancies on Planning and Zoning
Commission and Zoning Board of Adjustment and Appeals; City Manager search)
Council reconvened into Regular Session at 9:54 pm with no action taken later in the meeting.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Mayor Smith did not speak as posted regarding the search for a new City Manager and the State List of
Unclaimed Property.
Councilmember LeCour spoke regarding who should be memorialized by the City, stated memorials are
usually for those that have passed away or to honor someone, asked how memorials are applied, some
memorials for military are different for sacrifice for country, thinks need to separate honoring citizens and
employees from the military, possibly at Centennial Park, need a policy for memorials, need a policy for
Staff recognition, will work on in the future to bring to Council for consideration.
Councilmember Peden stated he agrees there should be some segregation for those that have given their
ultimate sacrifice, does not believe Council's name should be on buildings as they are, built for the public
by citizens' hard earned dollars and it is proposed to have Council's names on the new Public Safety
Building, wants his name removed.
Councilmember LeCour agreed and stated it seems that elected officials like to build buildings to have
their names on them, agree with that and if Councilmember Peden's name is removed from building
should have all Council names removed from the Public Safety Building.
Councilmember Horecky agreed with Councilmember LeCour that fallen soldiers should be honored
separately.
Mayor stated he recognizes that Council needs to look at the City policy for naming memorials and would
propose that this be work-shopped at a later date.
Councilmember Hill reported that he represented the Mayor at the Clinefest Festival and served as a
Judge for the pie contest.
Councilmember Ewing stated she attended the Community and Economic Development Committee
(CEDC) meeting, Chamber event, and Fall Haul-a-Day.
10/16/06 2570
CONSENT AGENDA
**Councilmember Measeles moved to approve the Consent Agenda as presented. A. Approval of
September, 2006 Property Tax Report. B. Approve Minutes of September 25 and October 2, 2006
Meetings.
Seconded by Councilmember Peden. The motion was approved unanimously.
A motion was made and approved to adjourn at 10:33 PM.
M avid J.H. mith
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