HomeMy WebLinkAboutCC Minutes 2007-09-10 Special 09/10/2007 2778
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
SEPTEMBER 10, 2007 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, SEPTEMBER 10, 2007, AT 3:30 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
MAYOR PRO-TEM CHRIS PEDEN
COUNCILMEMBER LAURA EWING
COUNCILMEMBER JOHN LECOUR
COUNCILMEMBER JIM HILL
COUNCILMEMBER LESLIE REID (arr. at 4:15 PM)
CITY ATTORNEY JOHN OLSON (arr. at 4:39 PM)
CITY MANAGER BO MCDANIEL
DEPUTY CITY SECRETARY MELINDA WELSH
Councilmember Andy Rivera and City Secretary Deloris McKenzie were absent from the meeting.
Mayor Smith called the meeting to order.
SPECIAL SESSION
Discussion was held regarding trees in the City's right-of-way. Councilmember Ewing stated this meeting was
not to provide a proposal to be voted on but to bring in some people to help gather more information so that
Council is better informed to make a decision, invited two experts, Mickey Merritt who is an Urban Forester
with the Forestry Service, Craig Koehl who is an arborist and two informed citizens, Bob Bertrand and Tony
Banfield to speak on trees and sidewalks in the City's right-of-way, this is not about one developer but the
bigger picture for the City as a whole.
Michael Merritt, Regional Urban Forestry Coordinator from the Texas Forest Service, stated trees are a
valuable community asset and have the benefit of shading, blocking and screening winter winds to help lower
heating cost, raising property values, filtering pollutants, storm water reduction and neighborhood
beautification, the removal of trees is a short-sighted solution, alternatives should be explored and repair
options exist besides tree removal such as pruning roots, installing narrower sidewalks around the tree,
replacing sidewalk with a flexible material, installing a root barrier,and installing a layer of tightly packed gravel
as a base beneath the sidewalk, additional studies have shown other benefits of trees including reduced dust
particles,decreased stress in drivers, people tend to drive slower so there are fewer accidents on lined streets,
trees can increase a homes value, reduce storm water drainage, and decrease the repaving time on a well
shaded street.
Council and Staff participated in a question and answer session regarding the thickness of sidewalk
construction, types of trees and sizes to be planted for proper rooting space, use of rebar and gravel base for
sidewalks and guidelines for planting trees in a new development.
09/10/2007 2779
Councilmember Ewing reported that Craig Koehl could not make it to the meeting tonight and then introduced
Bob Bertrand who presented a PowerPoint presentation on the practical and financial business approach to
the decision-making process on trees in the right-of-way, focused on the costs versus benefits.
Councilmember Ewing commented on the process of trees in the right-of-way and stated that there are
problems with the infrastructure in the older areas of the City but there can be a win-win situation, there are a
lot of pieces to be pulled together and asked Staff and Planning and Zoning Commission to come up with a
plan because most cities are going to trees in the right-of-way.
Mayor Smith introduced Tony Banfield who stated we do not need to deny trees in the right-of-way but to plant
the right ones in the right-of-way or plant next to the right-of-way.
Councilmember Peden stated that Council has given instructions for Staff not to plant trees in the right-of-way
and asked until the City has a policy does the City not allow trees to be planted in the City`s right-of-way.
The Mayor stated he would like to clarify something for the record, according to the City Charter,the rules that
Council plays with, the City Manager is charged with enforcing the laws that are on the book, he does not get
to say what he likes or dislikes, he has to enforce the ordinances and granted, there may be some
interpretation,sometimes there are gray areas,there may be built into the ordinance some discretion for both
City Manager and Staff at times, so when Council gave a consensus on what was thought best, Council was
giving the City Manager some advice. However, he is responsible for enforcing the law and if the City
Manager agrees with us, then that is what should be.
Councilmember Peden stated the City Manager said he would abide by the will of the Council which is a
consensus and he has received that and we cannot give him direction that is contrary to the ordinances but
where there is latitude or ambiguity, Council can issue a consensus that clears up that ambiguity which he
stated Council has done and then asked the City Manager if that was correct.
City Manager Bo McDaniel stated the oath of office is to obey the laws but where there is some latitude and
Council expresses it, Staff tries to comply with what Council wants.
Councilmember Peden stated that he wants to see a policy written for responsible planting of trees in the
City's right-of-way.
The Mayor commented on the question of process on how to solve the problem, this is not a black and white
issue, it is not a matter of planting or not planting trees in the City's right-of-way but what kind and size of
trees, how should that right-of-way be constructed, the size and construction of it, the soil compaction, and
what is the structural soil going to look like and types of sidewalks. The question is how and what parameters
is Council going to place around them and how to provide the least amount of risk and the least amount of cost
to the citizens so that over time the City will not have to deal with these problems. If there is a risk factor
planting trees over a structure, if those things happen and if there is a problem maybe the costs needs to be
borne by someone other than the City, Council is talking about being good stewards of the citizen's money.
There are long-term issues about who is going to pay for creating a treed community and where does the City
draw the line. It is not a matter of whether the City should have trees, it is how many there should be in the
confined yards that the City is allowing to be constructed and who will pay for the cost of the repairs in the
future.
Councilmember Ewing commented on the issue of research and stated the majority of the communities are
allowing trees in the right-of-way, if it is done correctly, referred to the Criteria Design Manual and the
Landscape Ordinance saying there is nothing on how to plant the trees and what sidewalk and parking lots
need to look like,suggested to have Staff and the Planning and Zoning Commission come togetherwith a plan
and bring it to Council as quickly as possible.
09/10/2007 2780
The City Manager stated that Staff is here to serve, not opposed to trees, it is Staff's ethical duty to advise
Council, there are issues and costs down the road that will be cumulative, Staff does not want to give the
appearance that they are against trees because they might hurt the right-of-way or infrastructure, they do not
belong to Staff, they belong to Council, citizens and future taxpayers, Staff is here to serve and will do due
diligence to let Council know what needs to be done.
Councilmember Ewing stated that if this issue is going to Staff and the Planning and Zoning Commission or if
this comes back to Council, Craig Koehl, who has done work with the City and worked with West University
and the Medical Center, and Peter Brown, who is with the City of Houston,would like to work with us. These
two people have a lot of expertise and Council should call them in to help.
Councilmember Hill stated the City should have trees,there should be trees in the right-of ways if the right-of-
way is big enough and if developers want to place trees next to the curbs then they should write in the deed
restrictions that the homeowners association will replace the sidewalks at their expense.
The Mayor recessed to Executive Session at 4:55 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 offer;
or a matter in which the duty of the attorney requires it and Section 551.072 — Deliberation regarding Real
Property.
Council closed the Executive Session and convened back into Special Session at 6:10 PM with action taken
later in the Regular Meeting.
RECONVENED INTO OPEN SESSION
SPECIAL SESSION
Discussion was held with the Planning and Zoning Commission regarding Downtown District Zoning. Mayor
Smith explained that this has been a project for some time, has been a previous workshop, good points
brought up, hopefully can finalize now, Mayor asked the Planning and Zoning Commission what they had to
add, Planning and Zoning Commission member Jim Gibson stated they have included Jr. High grounds in
hopes it would help the school district, 13 acres which would make a nice commercial development,
Councilmember Hill stated that the bus parking area is maxed out and would they be able to expand, Planning
and Zoning Commission said yes with a permit, school district is exempt from ordinances, Planning and
Zoning Commission member Sherry Weesner stated they try to be compliant, Mayor asked if there was a
change on the mapping, Mr. Gibson said yes, Ms. Weesner stated they changed ordinance to have 15 ft.
sidewalks if you are doing a place where you will have landscaping, Planning and Zoning Commission
member Kevin Holland stated they paralled it with Buzbee and Banfield and patterned it to go with that
redevelopment, Ms. Weesner stated the Commission moved on-street parking off of the first block, moved
head-on too, moved it off of FM 518, reduced amount of windows and doors required, moved from 70% to
40% requirement, Mr. Gibson state they struggled with existing businesses prior to passing the downtown
district, is grandfathered, Councilmember Peden stated structures does not have to do with signs, Ms.
Weesner said yes, Councilmember Peden stated he would like to encourage redevelopment and not
discourage, may need to do a special exemption to downtown district for signs since so many are non-
conforming, Mr. Gibson stated that the purpose of zoning change is so that all signs are monument, does
Council not want that, Councilmember Peden answered that it encourages no improvements or maintenance
on signs, people are afraid to improve their signs because they would lose their grandfather exemption, Mr.
Gibson informed that there is a subcommittee working on the sign ordinance, Councilmember Hill stated he
09/10/2007 2781
knows how hard Planning and Zoning Commission have worked on this,will help bring new stuff to downtown
Friendswood, does not like buildings so close to the street such as the one behind McDonalds, in extreme
cases where the lots are small may be a necessary evil, Mayor stated he appreciates work on subcommittee
and committee have done to get this done,for Council where they need to go next with deregulation Planning
and Zoning Commission has worked on along with legislation Council has worked on they can solve some
drainage problems in this area, trying to put some partners together to get downtown redeveloped, Costello is
working on drainage studies, feels like there is light at the end of the tunnel, next piece of the puzzle is
drainage issues, issue of conveyance is where we are right now, Councilmember Reid stated one of these
sections says something about parking,does Council need to discuss tonight, Mr. Holland said they discussed
with City Attorney John Olson and he was going to get some information, Mr. Holland stated there will be no
head-in parking in downtown district on FM 518 or one block off, Mayor asked about when Planning and
Zoning Commission discussed implementing changes did they talk about how to notify people effected, Mr.
Gibson stated people adjacent to Drainage District can opt-in and will send notification out, Ms. Weesner
stated we need to be careful how we present the information so everyone can understand, how about
residential who might later want to become commercial, should we only have a one time opt-in, Ms.Weesner
said they can opt-in anytime, there is only one free one, will bring all at once for Council approval for the opt-
ins, Mr. Holland said they should have a longer time to opt-in or do it more than once so you do not discourage
anyone from opting-in because we want people to opt-in, maybe do another free one a year later, there are
less than 20 properties that are opt-in available, Mayor asked Interim Community Development Director Les
McMahen if he had ever been involved in a process like this where there was a significant regulatory change,
Mr. McMahen said yes, Mayor asked if the City is heading in the right direction and Mr. McMahen said it is a
good path and further stated that City of Port Arthur did a similar program for it's downtown and it did not work
very well, Friendswood is a more vibrant community and should work. Councilmember LeCour stated he
wished that the City had had a Town Hall meeting for the businesses affected and developers to see if this is
something they want. The Mayor stated there may be a couple of opportunities for that feedback with one
being tonight during the Public Hearing, Economic Development Coordinator Karen Capps stated with the
feedback she is getting that has been positive, her guess would be that there are landowners downtown that
have properties, 35%-40%would be interested in getting zoned Downtown District, Mr. Holland stated they will
run across things as they go that they had not thought about, Mayor said it is a living thing and can change as
needed, Kent Ballard stated he is here representing Tony Buzbee who is impatient and frustrated because he
wants to know what direction to go, is ready to come to the City with building permits but does not know what
direction to go, how long do they wait, do they do a Planned Unit Development (PUD), do they wait,
Councilmember Peden asked if this document meets expectations, Kent Ballard said yes from what he
understands, Mayor said Council could conceivably have it done by the end of October, decided to have a
Planning and Zoning Commission meeting this Thursday, Mr. Gibson asked to get the Comprehensive Plan
into high gear.
7:00 PM—REGULAR SESSION
The invocation was given by Pastor Ralph Hobratschk, Hope Lutheran Church.
Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas.
Mayor Smith,with consensus from Council, moved the Joint Docketed Public Hearing to be heard before the
Public Hearing on the budget items.
JOINT DOCKETED PUBLIC HEARING
Mayor Smith and Chairman of the Planning and Zoning Commission Jim Gibson called a Joint Docketed
Public Hearing to order to receive comments from the public, either oral or written, regarding amending the
Zoning Ordinance of the City of Friendswood, Appendix C, regarding proposed Downtown District Zoning.
09/10/2007 2782
No one spoke for or against the request.
Mayor Smith and Planning and Zoning Commission Chairman Gibson closed this Joint Docketed Public
Hearing.
Mayor Smith and Chairman of the Planning and Zoning Commission Jim Gibson called a Joint Docketed
Public Hearing to order to receive comments from the public, either oral or written, regarding amending the
Sign Ordinance of the City of Friendswood, Appendix A, Changeable Copy Signs, removal of restrictions on
height and number of lines.
No one spoke for or against the request.
Mayor Smith and Planning and Zoning Commission Chairman Gibson closed this Joint Docketed Public
Hearing.
PUBLIC HEARING
Mayor Smith called a Public Hearing to order, to receive comments from the public, either oral or written,
regarding the City of Friendswood General Operating Budget for Fiscal Year 2007-08.
No one spoke for or against the proposed Budget.
Mayor Smith closed the Public Hearing.
Mayor Smith called a Public Hearing to order, to receive comments from the public, either oral or written,
regarding the City of Friendswood proposed tax rate for 2007 (0.5764).
No one spoke for or against the proposed tax rate.
Mayor Smith closed the Public Hearing.
COMMUNICATIONS FROM THE PUBLIC
Barbara Gruener, Counselor at Westwood Elementary, introduced Natalie Uranga and Allison Houston,who
are also counselors in the Friendswood Independent School District, and stated she represents Friendswood
Independent School District Six Pillars of Character Integration, adopted character education, this year
Westwood Elementary won Texas State School Character award for character building efforts, six pillars of
character,focus on all campuses, September's pillar was respect, October is responsibility,would like the city
to support them by making September the month for respect, etc., gave handout that explains what each
month is, is also talking to the Chamber to participate and getting businesses involved.
Sarah Gabriel, Friendswood resident of 29 years, addressed Council and thanked them from Glenshannon
residents, wants to know how long timeline will be to get started, Mayor told her to wait and hear on City
Manager's report which he will give regarding this item.
CITY MANAGER'S REPORT
City Manager Bo McDaniel reported on Capital Improvements Projects, Glenshannon Drainage Project
update, Phase II Master Drainage Plan, Comprehensive Plan Work Session, participation in Harris County
Appraisal District Board, and Clear Creek National Economic Development (NED) 2007 update. The City
Manager reported about an oil spill that occurred in Cowards Creek today, started in Alvin, petroleum product
that is working it's way down to Clear Creek, booms are being put out to catch the product, Fire Department is
09/10/2007 2783
out there working with them, Railroad Commission is ultimately responsible, Public Works is helping with
getting sand, expecting rain tonight so is concerned about that, the petroleum product has an odor to it, will
take 24 hours to clean up, may have residual material on the banks, Fire Department is out there with their
hazardous gear,wants to stop the spill before it gets into Clear Creek, came from a tank, sent out a notice by
e-mail on Groupbuilder, Mayor asked if it was flammable or hazardous and told the City Manager to send out
another Groupbuilder e-mail to tell citizens to not come in contact with it. The City Manager reported on
Capital Improvements Projects. Councilmember Peden asked about the Thomas Rack contract for the fire
station and does not feel the City Manager explanation is enough for him. The City Manager stated during this
process the deadline to sign the contract came and went before they could execute and stated he is ultimately
responsible for this issue, there are explanations but no excuses,the contractor knew he had underbid,there
were some concerns about not going with a local contractor, is doing everything they can to put in place the
checks for this not to happen again, likelihood of this happening again is small, not faulting any other Staff
member. The Mayor stated this problem is indicative of the workload and need for a fully staffed Community
Development Department. Councilmember Peden stated he just wanted a City Manager report on why this
happened. Councilmember LeCour stated he concurs with Councilmember Peden, has been looking for
improvements since before he was elected,especially with Capital Improvements,was looking for a schedule
on these projects,would be a helpful tool, is there enough Staff to handle these projects, has been asking for
this schedule for 2 years. The City Manager stated he will provide a project schedule to Councilmember
LeCour so he can evaluate,will have at first City Manager report in October. Councilmember Peden stated he
would like consensus on getting a report on the Thomas Rack issue. Councilmember Ewing stated she does
not need a report, the City is short staffed and needs more Staff. Councilmember LeCour stated he does not
need a written report, a verbal will suffice. Councilmember Hill stated this is a waste of Staff's time to provide
another report. The City Manager reported on the Glenshannon Drainage Project Update which was finally
completed, filed permit with the Corps of Engineers, the easement acquisition is complete and property
interests are funded and acquired by the City. Interim Director of Community Development Les McMahen
informed that advertisement for bids will be first part of November, construction will start in February of 2008
and completion date is estimated to be June 2008. Councilmember Reid asked if this information is available
online and the City Manager responded that yes it is. The City Manager reported on Phase I I Master Drainage
Plan and added that the City got into this before he was hired, is different than what he is used to, focused on
specific problem areas, Mr. McMahen stated there are 2 particular projects that deal with downtown, different
solutions provided with estimated cost, Melody Lane is a project that Galveston County would help with road
and drainage improvements, panhandle area would be an investment project ahead of any major
improvements in this area, Costello, Inc. Engineering and Surveying folks stated they thought the City's priority
were the 2 FM projects were more of a priority. Councilmember Hill asked about Item 1 and 2 being studied in
the 1990's and would be studied again, asked is that why the City does not get anything done, we study and
study but what gets them moving, these are 2 to get water out of downtown, will convey it to the creek,
detention is not available, sooner or later will have to address instead of study, Mr. McMahen stated these 2
items do have detention, has Drainage District set aside detention for the City, Councilmember Hill stated
there may be detention available now but might not be 5 years from now, need to get things moving, Mr.
McMahen state he felt the same way when he read the 1993 study until he realized that all but 5 have been
done, looked at these areas again in a lot more detail than the 1993 study. Councilmember Reid asked if
TxDOT would be involved and drainage district and Mr. McMahen responded that they would all be involved.
The City Manager reported on the Comprehensive Plan Work Session and stated at the August 20 Council
meeting he gave a report and recommended Council update the Comprehensive Plan to create a substantially
higher consistency with the future land use map,contacted the City's original consultant who prepared the first
Comprehensive Plan, Dunkin, Sefko and Associates, provided some background material to the consultant to
assess the City's current Comprehensive Plan (update) needs and asked for an initial proposal to provide
consulting services, asked for guidance as to whether Council was favorable to meeting with the consultant
and recommended a joint work session with the Planning and Zoning Commission to meet the Dunkin, Sefko
representative, Dan Sefko, about possible next steps,following Council's concurrence and direction, the City
Manager has scheduled a joint work session with Dan Sefko,the Dunkin, Sefko representative, the Planning
and Zoning Commission members and the Community and Economic Development Committee members for
09/10/2007 2784
Wednesday, September 19, 2007, at 6 PM, in the Friendswood Public Library meeting room, at 416 S.
Friendswood Drive. The City Manager reported on participation in Harris County Appraisal District Board,the
City may nominate a representative to their Board, need to get on the next agenda, asked Council to be
thinking about they want to nominate,generally, municipalities pool their weighted votes, based on ad valorem
tax value, to succeed in placing a small city representative, have not yet heard of any small city nominees for
City Council to consider, but will advise when received. The City Manager reported on the Clear Creek
National Economic Development(NED)2007 Update. Councilmember Ewing asked if the City would make it
to the federal fiscal year end, if the City does not get something going we may lose it all. Mayor stated the City
needs to put something in writing about meeting with Corps of Engineers. Councilmember Hill stated if this
plan does not get funded it is not a big deal for Friendswood since it will probably not help Friendswood and
will be no worse off without it, reported there is a Galveston County Drainage District meeting tomorrow at
10:30 AM with the sponsors if anyone would like to attend. Councilmember Peden stated the City Manager or
Mr. McMahen should send a letter dated August 29 that is definitive about where the oxbows are, should be
given to the sponsors if it has not been sent already. The City Manager stated they will send the letter.
ACTION ITEMS
**Councilmember Hill moved to approve accepting a proposal from Claunch & Miller, Inc., for engineering
services for development of a Pavement Management Master Plan and authorize the Mayor to execute the
contract.
Seconded by Councilmember Ewing. The motion was approved 6-0.
Councilmember Hill stated this is a good tool for Public Works Director Kaz Hamidian, this is something the
City needs to do. Jimmy Thompson with Claunch&Miller stated he and Mr. Hamidian have been working on
this for a while,will inspect all 150 miles of road in the City,will come up with prioritized street repairs and will
help come up with a Capital Improvement Program for streets. The Mayor stated they wanted to do it as soon
as possible and Mr. Thompson responded that the schedule is tight. The City Manager stated if they find
obvious streets that need doing the City can go ahead and move on those and Councilmember LeCour
responded that Harris County streets are obvious ones.
**Councilmember Ewing moved to approve that the Planning and Zoning Commission,with Staff's assistance,
review the current documentation concerning trees in the City's right-of-way and present a revised plan to
Council within 90 days.
No one seconded the motion.
Councilmember Ewing stated lot of cities are moving to put trees in their right-of-way, needs to go back to
Planning and Zoning Commission and do work with that, Staff is overburdened right now, bring in more people
to help and talk to Council and invite Planning and Zoning Commission to listen also next Monday. The Mayor
stated the City needs outside help and not reinventthewheel, othercities have had these problems, usetheir
experience, rather than throwing it back to Staff and Planning and Zoning Commission ask experts that have
been involved in those solutions and answers and make suggestions to see what direction to go in.
Councilmember Hill stated if experts are brought in from West University and San Antonio, unless they know
the soil, will do no good, Friendswood's clay soil will hold water a long time, will not work in Friendswood.
Mayor asked if there is an expert in League City would that be okay and Councilmember Hill responded sure
but cities locally are moving away from it. The City Manager suggested tabling this item and bringing it back
next Monday. Councilmember Ewing stated West University has the same clay Friendswood has, give Craig
Koehl a call at West University which has a dense area with lots of concrete, make that quick phone call,when
West University dug down in the streets they did not find tree roots wrapped around infrastructure and stated
this will be on next agenda.
***Councilmember Peden made a motion to table this item.
Seconded by Councilmember LeCour. The motion was approved 6-0.
09/10/2007 2785
**Councilmember Peden moved to approve ratifying and confirming Resolution R2007-28,a Resolution of the
City of Friendswood supporting the recommended Alternate Route 1 for the location of Brittany Bay Boulevard
in the City of Friendswood from the League City, city limits to the intersection with FM 528.
Seconded by Councilmember Reid. The motion was approved 6-0.
Councilmember Peden stated this item is just to ratify what Council approved at the last meeting.
Councilmember Ewing stated she looked at the environmental report before the last meeting, one of the things
Les McMahen talked about is if there are wetlands they will go back and check on that before they start
building, Mr. McMahen confirmed that they would go back and look.
**Councilmember LeCour moved to approve and authorize the Mayor to execute sublease agreements with
Sprint-Nextel and T-Mobile as co-locators on the communications tower at the new Public Safety Building.
Seconded by Councilmember Hill. The motion was approved 6-0.
RESOLUTIONS
**Councilmember Peden moved to approve Resolution R2007-27-A Resolution of the City of Friendswood,
Texas, requesting that the Texas Department of Transportation (TxDOT) upgrade the proposed span wire-
mounted emergency traffic signal at FM 528 and Whitaker Drive to a mast arm-mounted emergency traffic
signal, and expressing the City's commitment to fund the difference in cost,said cost to be determined by bids
received by TxDOT for the project, and providing for other matters relating to the subject.
Seconded by Councilmember Ewing. The motion was approved 4-2 with Councilmembers LeCour & Hill
opposed.
**Councilmember Reid moved to approve Resolution R2007-29-A Resolution of the City Council of the City of
Friendswood,Texas, authorizing the Mayor to act as the City's representative in accepting eligible grant funds
under the Texas Department of Transportation Traffic Safety Program Step Speed Grant for Fiscal Year 2008
("grant"); and authorizing the acceptance of such grant funding.
Seconded by Councilmember Peden. The motion was approved 6-0.
**Councilmember Hill moved to approve Resolution R2007-30-A Resolution of the City Council of the City of
Friendswood,Texas, authorizing the Mayor to sign and execute all contract amendments with American Tower
Corporation, the corporation awarded a contract to building a radio communication tower at the Public Safety
Building.
Seconded by Councilmember Reid.
***Councilmember Ewing made a motion to amend the motion authorizing Mayor to approve subleases by
users of the radio communications tower at the City's Public Safety Building.
Seconded by Councilmember Peden. The motion was approved 6-0.
****The main motion, as amended, was approved 6-0.
**Councilmember LeCour moved to approve Resolution R2007-31 -A Resolution of the City Council of the
City of Friendswood, Texas, authorizing the Mayor to execute, and the City Secretary to attest, respectively,
earnest money contracts for the purchase of properties necessary to construct a portion of Brittany Bay
Boulevard within Friendswood Lakes Subdivision, and to connect to such boulevard certain streets adjacent
thereto.
Seconded by Councilmember Peden. The motion was approved 6-0.
09/10/2007 2786
The Mayor stated this is an item as it relates to a real estate transaction that Council has discussed in
executive session. Councilmember Reid stated she wants to make it clear that it has only to do with League
City side.
ORDINANCES
**Councilmember Ewing moved to approve the First and final reading of Ordinance No.2007-10,an ordinance
amending City of Friendswood, Texas, Ordinance No. 2006-24, passed and approved September 25, 2006,
same being an ordinance approving and adopting the City's General Budget for Fiscal Year 2006-2007, by
approving"Budget Amendment III"to the"original General Budget of the City of Friendswood, Texas, for the
Fiscal Year 2006-2007"; providing for supplemental appropriation and/or transfer of certain funds; providing for
severability; and providing other matters related to the subject.
Seconded by Councilmember Peden. The motion was approved 6-0.
**Councilmember Peden moved to approve the First reading of Ordinance No. 2007-11, an ordinance
amending Appendix C of the Code of Ordinances of the City of Friendswood, Texas, said Appendix C being
the Zoning Ordinance of the City, by adding to the Permitted Use Table following Paragraph 5 of Subsection P
of Section 8 thereof a new Category 531120, entitled "Lessors of Nonresidential Buildings," to authorize
banquet and event center use in the Single Family Residential (SFR) District, subject to the granting of a
Specific Use Permit therefor; providing a penalty in 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 6-0.
**Councilmember Peden moved to approve the First reading of Ordinance 2007-12, an ordinance amending
Appendix C of the Code of Ordinances of the City of Friendswood, Texas, said Appendix C being the Zoning
Ordinance of the City, by deleting the introductory paragraph of Paragraph 3 of Subsection G of Section 9
thereof and substituting therefor a new introductory paragraph of Paragraph 3 of Subsection G; providing
information that must be submitted with applications for Specific Use Permits; providing a penalty in an amount
not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability.
Seconded by Councilmember Ewing. The motion was approved 6-0.
**Councilmember Ewing moved to approve the First reading of Ordinance 2007-13, 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 changing the zoning classification of a certain 0.215 acre tract of land, more or less, from
Community Shopping Center (CSC) to Industrial (I), such tract being out of Division "B" of Lot 64 of the
Hoidale-Coffman Addition, City of Friendswood, Harris County, Texas; providing for the amendment of the
City's official zoning map; providing a penalty in 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 5-1, with Councilmember Peden opposed.
**Councilmember Reid moved to approve the First reading of Ordinance 2007-14, an ordinance adopting the
City of Friendswood, Texas, Design Criteria Manual; providing standards for the construction and installation
of public and private infrastructure and within the City; providing a penalty of an amount not to exceed$2,000
for each day of violation hereof; and providing for severability.
Seconded by Councilmember Peden. The motion was approved 6-0.
09/10/2007 2787
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Ewing reporter on her attendance at the TML Region 14 Workshop and stated the legislative
Council for Texas Municipal League did spend time reassuring that when resolutions go forward, it is based on
very strong grass roots City Council support and encouraged members of local Councils to be part of the
process and sign up for various committees, attended Bay Area Home Builders meeting, are building homes
for soldiers returning from Iraq orAfghanistan, Parks Board and Community Appearance Board will be visiting
West Ranch parklands on September 29 at 8:00 AM, medians in town have been spruced up because of work
by the Community Appearance Board, is going to work on Whitaker Drive, Fall HauI-A-Day is October 13,
Library Board wants a workshop with City Council to get a consensus from Council on doing an expansion or
new library building, is attending Planning and Zoning Commission meetings, happy retirement to Sandy
Mossman, Greg Smith will be the new superintendent for Clear Creek Independent School District, reported
that Friendswood I ndependent School District and Clear Creek I ndependent School District have strong TAKS
scores,thoughts and prayers are with the City Secretary's husband Jerry McCoy who is in the hospital again,
thanks to City Staff and the volunteer Fire Department for their quick response and hard work to stop the flow
of oil down the creek.
Councilmember Peden reported on solid waste disposal, traffic congestion and the Galveston Central
Appraisal District tax protesting process. He stated he received a letter from a citizen with a problem with the
appraisal district,wants consensus to have Chief Appraiser Ken Wright come and address Council, as he did
2 years ago, to discuss process, how to protest, etc. and record and put on the PEG Channel, heard
employees at the district are rude, discourteous or unprofessional, is drafting a letter to Ken Wright and
attaching his letter from the citizen, citizen felt like he was mistreated. Mayor Smith asked for consensus from
Council and received it. Councilmember Peden reported on traffic congestion at Greenbriar and Castlewood,
is difficult during school hours, is hard to turn, would like to do a study on this intersection, Sunset and
Spreading Oaks used to have a light during the day and flashing red at night, would like that kind of light or a
four-way stop. Councilmember Peden reported on solid waste disposal, discussed this with a citizen, our
citizens produce more waste than surrounding areas, grew up in Pasadena where they used to have a bag to
put trash in,thinks the City ought to charge for people that have more waste, attended his first Texans football
game, opening ceremony was a group of soldiers from Iraq, unfurled an American flag that covered the entire
field, Clay Walker sang the national anthem, not one piece of the flag touched the ground,was worth the cost
of the ticket, made him proud to be an American.
Councilmember Reid reported that she attended Bay Area Builders Association meeting, a Marine spoke that
they are building a house for, was not a dry eye in the house, attended BAHEP luncheon, honored
Councilmembers Peden and Ewing at the meeting, sat at a table sponsored by the company Councilmember
LeCour works for,she has also received comments from citizens about the intersection Councilmember Peden
discussed, prayers for Jerry McCoy and also for Benny Baker who suffered a stroke last week.
Councilmember Hill reported he attended Bay Area Builders Association meeting, Bay Area Builders are
working on a house for a Marine, they gave a house last year to a soldier who got ill and died last month,wife
could not afford to stay, they told her she could sell the house and move back to Lake Charles as she wished,
is proud to be part of the builders association.
09/10/2007 2788
Councilmember LeCour reported that the Galveston Central Appraisal District is a problem, is rude to
discourage protesting, had training previously that was hodge-podge of different people that was a total failure,
wanted Galveston County Tax Assessor-Collector,who has done training in the past, to do a training and put
information on website and newsletter, need a training session to teach citizens how to protest their appraisal,
need to have a form available to rate the service at the appraisal district and give it to Ken Wright, glad he is
coming back before Council so they can voice that. Councilmember LeCour reported on solid waste disposal,
went on the City's website to see how to recycle glass and plastic, would like help on how to recycle,
suggested putting something on the website, Mayor stated IESI has that information. The City Manager stated
he would get information from IESI and ask them to put something together that the City can put on the
website and PEG channel.
Mayor Smith stated Bay Area Builders Association has a website if anyone wants to make a contribution to
help injured soldiers, wanted to let City Secretary Deloris McKenzie and her family know they are praying for
them, tomorrow is a significant day in our history, pray for the families that lost loved ones at 9/11 and keep
them in our thoughts and make our words and actions support them. The City Manager asked the Mayor if it
was okay to put flag at half-staff tomorrow and Mayor said yes. The Mayor congratulated age 10-11 year old
Friendswood Freedom girl's team coached by Chad Farrell for their win at the soccer tournament called Texas
City Tuneup.
CONSENT AGENDA
**Councilmember Hill moved to remove Item C -Approve agreement with Friendswood High School Swim
Team for use of the municipal swimming pool.
Seconded by Councilmember LeCour. The motion was approved 6-0.
**Councilmember Ewing moved to approve the Consent Agenda as presented with the exception of Item C-
Approve agreement with Friendswood High School Swim Team for use of the municipal swimming pool. A.
Accept one Special Warranty Deed from Norwood Homes and one Dedication of Easement from Peter Lux for
the South Friendswood Force Main Diversion project, both instruments having been previously filed for record.
B. Accept one Deed without Warranty from English Village Owners Association for the Sunmeadow Lift
Station project and authorize the Mayor to execute same. D. Approve Minutes of August 3, 8 and 13, 2007
Meetings.
Seconded by Councilmember Reid. The motion was approved 6-0.
**Councilmember LeCour made a motion to approve Item C -Approve agreement with Friendswood High
School Swim Team for use of the municipal swimming pool.
Seconded by Councilmember Peden.
***Councilmember Peden made a motion to amend the main motion for approval of a contract for a term of 30
days.
Seconded by Councilmember Hill. The motion was approved 5-1 with Mayor Smith opposed.
****The main motion, as amended, was approved 6-0.
09/10/2007 2789
A motion was made and approved to adjourn at 9:18 PM.
�
r David J.H. Smith
Attest:
r ._,,,J �pf ��d�,�
� �
D oris McKenzie, TRMC *� � �� o
City Secretary ,�
�
�� P�
� ��
�