HomeMy WebLinkAboutCC Minutes 2007-05-07 Special 05/7/2007 2700
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
MAY 7,2007 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, MAY 7, 2007, 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
CITY MANAGER BO MCDANIEL
CITY SECRETARY DELORIS MCKENZIE
Mayor Smith called the meeting to order.
SPECIAL SESSION
Discussion regarding the construction of new Fire Station No. 4.Discussion regarding the construction of
new Fire Station No. 4.
CLOSED EXECUTIVE SESSION
Council convened into Executive Session in Accordance with the Texas Government Code, pursuant to
Section 551.072— Deliberation regarding Real Property
RECONVENE INTO OPEN SESSION
6:00 PM-7:00 PM—SPECIAL RECEPTION
A reception was held in the foyer honoring outgoing Councilmember Mel Measeles. Everyone was
invited to attend.
Council convened into Regular Session at 7:00 pm with no action taken later in the meeting.
7:00 PM—REGULAR SESSION
The invocation was given by Mike Ross with Church of Christ.
Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas.
SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS
Diane Collins and Leslie Reid presented a check in the amount of $9,050 from the Friendswood
Methodist Church Omega Class for the Stevenson Park playground equipment.
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City Manger Bo McDaniel presented the Five Star Spirit Employee Award for the First Quarter of 2007 to
Genie Balderaz, Recreation Aide at the Senior Activity Center in the Community Services Department.
A proclamation recognizing Muscular Dystrophy "Fill the BooY' fundraising campaign, was presented to
Darrell Fales, firefighter with the Friendswood Volunteer Fire Department who introduced a young boy
from Friendswood with Muscular Sclerosis who collected the first dollars from Mayor Smith and Council.
Mayor Smith read a proclamation recognizing Hurricane Awareness Week.
DISCUSSION WITH THE PLANNING AND ZONING COMMISSION REGARDING CHANGES TO THE
SIGN ORDINANCE.
No discussion was held due to lack of posting of this meeting. Councilmember Hiil commented on a
problem from the Friendswood Volunteer Fire Department to be able to place a volunteer needed banner
and may be able to help Friendswood Independent School District to solicit bus drivers and the need to
amend the sign ordinance. Councilmember Ewing spoke about the need to look at the ordinance to allow
additional signage for business. Councilmember Measeles stated he thought there was additional time in
the existing ordinance. Councilmember Peden stated if we find the laws are too stringent and if need to
change the ordinance, change for everybody. Mayor Smith asked City Attorney John Olson about what
would be needed if wanted to make changes. Johns Olson stated code allows exemptions, could refer to
Planning and Zoning and ask for recommendation. Councilmember Peden stated he would support
easing the regulations especially for new business and for seasonal businesses, could support something
like that, if for everyone. Mayor Smith stated if Council considers changes, will provide for input from the
public.
JOINT DOCKETED PUBLIC HEARING
Mayor Smith stated because the posting did not take place Planning and Zoning (P and Z) is not here this
evening, it would be necessary to hold another Public Hearing with P and Z with proper posting. Mayor
Smith Suggested to allow input tonight and then leave Public Hearing open until the formal Public Hearing
can be held June 4. Councilmember Peden stated this was not the applicanYs fault, would want to
schedule as quickly as possible, proceed with open Public Hearing.
Council consensus to open Public Hearing.
Mayor Smith called a Joint Docketed Public Hearing to order, to receive comments from the public, either
oral or written, regarding the Zone Classification change for a tract o land containing 12.260 acres, being
in the A.H. Jackson Survey, A-128, property located at 1700 FM 528, near Friendswood Lakes
Boulevard, Galveston County, TX, from Single Family Residential (SFR) to Community Shopping Center
(CSC). (Manning Estate)
Applicant Brett Nichols stated he would prefer opening and closing the Public Hearing at the same
meeting.
Councilmember Peden stated to give opportunity for public to provide input that are attending tonight,
believes owe it to public.
Brett Nichols s#ated as agent for the owner, the rezoning is for the property that the Manning house sits
on and stated the rezoning would give the opportunity to use the house for community events and
weddings.
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Bobbie Grace Jones, Friendswood resident, spoke and stated if Friendswood needs an event center, is
there not one in Wedgewood Village. Mayor Smith advised it is not being used in that capacity at this
time, it is closed down.
Mayor Smith recessed the Pubiic Hearing.
COMMUNICATIONS FROM THE PUBLIC
Kevin Hart had requested to speak regarding Keep Friendswood Beautiful, was not in attendance.
Mike Sharp, Friendswood resident, spoke on Subdivision issues, individual that has 12+ acres, wants to
gift 1 acre to son, trying to get permits, has submitted re-plat to City, father that has gifted to son has
received formai notification that he is subject to being fined up to $2000 per day, property has not been
divided, based on conveyance, at that time is in violation of the law, letter received is caustic and believe
is overcall, ask that Council receive a copy of inemo from Mona Miller to Planning and Zoning and notice
of code violation dated April 19, would suggest that would have been better served sending the memo
stating what is needed, thinks got cart before the horse, this is a citizen for over 40 years, letter stated his
action is unlawful, told story of treatment of his dad in another City and died from stress, fine is up to
$300,000, ask Council to look at this matter.
Fred Krch, Friendswood resident, long time Friendswood Citizen, provided copies of publications and
spoke on liability in City such as the swimming pool and sanitary sewage system and methane gas build
up, many possible liabilities, remind Council of voting rights act, spoke on proclamations presented and
spoke on articles on Texas Castile Doctrine, Motorist Protection At-formerly called "traveling" and Texas
Emergency Powers Act signed by the Governor, fire hydrant's need cleaning around Sunset and Shadow
Bend, list of who to talk to about small problems or complaints.
Billie Wynn, Friendswood resident, since 1965, bought 12 acres, received a scalding letter from the City
said in violation, letter say's owe city $600,000, gave his son 1 acre for his birthday, ask to look at
pictures of his property, son trying to get permit for 6 months but City will not issue because City said he
did something wrong, has been good citizen, live out in the country, ask Council to look at and give him
some help, letter not right, most scalding thing he has read.
Mayor Smith stated Council is limited by the open meetings act to allow Council to dialogue with speakers
unless on the agenda and would like to get with Council to work this out.
Bobbie Jones, Friendswood resident, member of the Forest Bend Homeowners Association, very active
group, love their neighborhood, so much wrong with roads, thankful for work done on Townes Road, but
so many more roads need repairs, committee has met with Public Works Director Kaz Hamidian, major
problem with Laura Leigh, patching has not held up, ask if council will consider an emergency funding to
get some of the problems on Laura Leigh repaired.
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
Roger Roecker introduced a representative from the Audit Firm to make a presentation of the 2006
Combined Annual Financial Report(CAFR). Council commented on various areas of the report regarding
revenues and expenditures, surprised about the balances and would like to have a future workshop,
addressed prior management letters and area's identified in the report and commented Staff doing a
great job.
05/7/2007 2703
CITY MANAGER'S REPORT
City Manager Bo McDaniel reported on the Public Education/Government Access (PEG) Channel on the
first 90 days. Councilmember Peden asked for a consensus of Council of changes to the service level
and asked a committee to be appointed to review policy and to appoint Deidre Brown to serve on this
committee. Councilmember LeCour stated he would like to determine what will be done to make it better,
would like a workshop from Council and Staff before spending money. Councilmember Horecky stated
he thinks Council should have input on any committee formed, get staff to prepare options, ideas for
Council to consider, get most bang for the buck. Councilmember Measeles stated he was not a
proponent of televising meetings, comments received from public is positive, but some issues, only goes
out to people on cable, look at getting on internet, would think would be good. Mayor Smith stated to
increase in technology, has a previous report in the amount of$25,000 range for 4 cameras, would like
for staff to bring that as quickly as possible to purchase equipment before October, look at getting good
input regarding policy. Councilmember Peden agrees about getting on internet, also wants to get Staff to
bring options for Council to decide, work with Time Warner, bring options to make decisions, get higher
quality, more meetings published, able to view on internet, thinks good when cannot attend.
Councilmember Horecky stated when staff brings options, if it is going to require additional staff or outside
operator to operate 4 cameras, look at options to expand scope to other meetings. Mayor Smith
consensus to direct Staff to bring back options as soon as possible, this was a trial basis and would
continue programming now. Mayor Smith stated to place on workshop and will look at appointing a
committee to look at policy, City Manager stated will bring back the various options available.
City Manager Bo McDaniel reported on Hurricane Preparedness Activities and on the Household
Hazardous Waste Voucher Program.
ACTION ITEMS
** Councilmember Measeles move to approve the award of RFP No. 2007-05 for the Construction of a
New Fire Station No. 4.to Thomas E. Rack in the amount of$1,520,630.
Seconded by Councilmember Horecky.
***Motion by Councilmember Horecky moved to amend funding 7 alternates as presented by Staff and
increase the funding amount to $1,721,924 and provide for a project manager liaison spot from
Friendswood Volunteer Fire Department (FVFD) to be involved in the construction process of the Fire
Station.
Seconded by Councilmember Peden. Motion approved unanimously
Main motion, as amended, approved unanimously.
Rick McFee, President of FVFD spoke on behalf of getting to this point was a good working relationship,
complimented City and Staff on working with volunteers. Jeff Smith, Fire Chief of FVFD, spoke to say
thank you for making this happen, thank you to Rick McFee for persevering, thanking for allowing to be
an active part of this process, thanked Staff for being accessible and thanked for amendment to allow
involved in construction.
Mayor Smith thanked FVFD for all there work that they do.
Longtime FVFD volunteer Ken Camp, stated thank you for this fire station.
**Councilmember Peden moved to approve terms and conditions for the acquisition of an easement for
the Glenshannon Drainage Project.
Seconded by Councilmember Horecky. Motion approved unanimously.
05/7/2007 2704
**Councilmember Horecky moved to approve the authorization of the purchase of one medic vehicle for
the Friendswood Volunteer Fire Department.
Seconded by Councilmember Hill. Motion approved unanimously.
*"Councilmember Ewing moved to approve authorizing Center Point Energy to fulfill service and notice
obligations by electronic mail.
Seconded by Councilmember LeCour. Motion approved 6-0 Councilmember Measeles abstained from
voting as past empioyee.
RESOLUTIONS
**Councilmember Horecky moved to approve Resolution R2007-21 - a Resolution of the City of
Friendswood A Resolution amending City of Friendswood, Texas, Resolution No. R2007-06, same being
a resolution providing for the holding of a General Election on May 12, 2007, and amending Resolution
No. R2007-09, same being a resolution providing for the holding of a Special Election on May 12, 2007,
for the purpose of submitting to the qualified voters of the City certain proposed amendments to the City's
Home Rule Charter, to designate different election officials for the polling place for the Galveston County
Election Precincts.
Seconded by Councilmember Ewing. The motion was approved unanimously.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Hill stated he would like to look into modifying the sign ordinance regulations for
temporary signs and exploring opportunities for Council to grant waivers or variances to the Subdivision
regulations. Addressed subdivision Ordinance, seems to be no way to make an appeal, is there anyway
to appeal to Council. City Attorney stated no appealing unless abolish Planning and Zoning, Council can
define what constitutes a subdivision, needs to be uniform, would require an amendment to the
ordinance. Councilmember Hill stated he would like guidance as to what to do to allow someone that has
inherited property to allow building, what to do to allow this to happen.
Mayor Smith stated he would recommend take same approach as the Glenshannon property issues,
have Staff to get with property owners to see what is needed. �
Councilmember Hill appreciated that effort, would ask for that to be in a timely manner.
Mayor Smith would need consensus from Council to proceed.
Councilmember Peden stated there are others that have experienced the same problems in the City,
ordinance was changed in late 90's, get historical perspective on when this rule was changed, think can
make changes to ordinance to accommodate these special issues.
Mayor Smith stated it's not as simple as it seems, real estate brings forth a number of issues, would like
to work on this.
Councilmember Hill stated he would like to extend personal condolences to the Harris family for their loss
of a grandson in Afghanistan.
Councilmember LeCour stated he attended the Keep it Sold project held in Washington, D.C., important
to the Nasa Program, will be attending from his company. Sent sympathy to the Harris family in the loss
of this young man in Afghanistan, paid tribute to Councilmember Measeles, will probably not fully
appreciate until he is gone, his experience and compassion, and all that learned from him.
05/7/2007 2705
Councilmember Ewing stated the great sadness loss of another young soldier, loss of Graham, sympathy
to the Harris family. Community Appearance Board Yard of the Month to Autumn Creek Reserve, Spring
Sparkle was a big success, Habitat for Humanity has opened a resale shop in Alvin, attended National
Day of Prayer, Concerts in the Park has started up again, Ports and Harbors visitation with those coming
in from all over the worid, and will miss Councilmember Measeles.
Councilmember Horecky stated his heart goes out to Harris family, knows what they are going through
with his Vietnam experience, stated to Councilmember Measeles will miss you, he is just special.
Councilmember Peden stated his heart goes out to Harris family in their loss, also recognized Dan Illerich
that his brother passed away last week, thanked Bill Pope for his new glasses, Mothers Day Sunday, won
BEEP golf tournament, attended a dinner for John Cornyn, attended Blessing of the Fleet, attended
heritage day in League City, asked all members of Council to attend Galveston County Mayors and
Council (GCM&C) it will be Councilmember Measeles last meeting, wiil miss Councilmember Measeles,
he is special, will be going with Laura to Washington for the Bay Area Houston Economic Partnership
(BAHEP), Keep it sold in Washington D.C.
Mayor Smith spoke on Citizens for Space Program, Keep it Sold Program by BAHEP that Councilmember
Ewing, Peden and LeCour will be going to Washington D.C., very important to support this effort, has
attended a lot of ineetings, congratulated students graduating asking them to be safe, congratulations
Mary Queen, dedication of 3rd historical site as the Friendswood Cemetery, sympathy to the Harris family
and plan to honor the memory of Graham Harris at a later date, A reception was held for Councilmember
Measles for his many years of service provided to this City, has been a blessing to this City, hope he will
continue to serve, Thank You Mel.
Councilmember Measeles stated his sympathy to the Harris and Branson families in the loss of Graham
Harris, have thoroughly enjoyed serving, have learned so much, thanked citizens for allowing to serve,
that is what this is about is service.
CONSENT AGENDA
**Councilmember Horecky moved to approve the Consent Agenda as A. Approve Street Banner
Application from Friendswood Christian School for Mother's Day Out program. B. Ratify and confirm the
extension of the agreement for the sale of property fronting the new Public Safety Building. C. Approval
of March, 2007 Property Tax Report. D. Approve Minutes of April 23 and 30, 2007, Meetings.
Seconded by Councilmember Ewing. The motion was approved unanimously.
A motion was made and approved to adjourn at 9:17 PM.
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