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HomeMy WebLinkAboutCC Minutes 2007-10-15 Special 10/15/2007 2807 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( OCTOBER 15, 2007 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, OCTOBER 15, 2007, 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 MAYOR PRO-TEM CHRIS PEDEN COUNCILMEMBER LAURA EWING COUNCILMEMBER JOHN LECOUR COUNCILMEMBER JIM HILL COUNCILMEMBER LESLIE REID COUNCILMEMBER ANDY RIVERA CITY ATTORNEY JOHN OLSON ACTING CITY MANAGER BOB WEINERS CITY SECRETARY DELORIS MCKENZIE Mayor Smith called the meeting to order. SPECIAL SESSION A discussion was held regarding City Attorney services for the City of Friendswood. Councilmember LeCour presented information regarding City Attorney services, selections process and the associated cost. Information was presented on RossBanks, Ross, Banks, May, Cron & Gavin, P.C, Attorney Firm and the different areas of practice which are Civil Litigation, Commercial Transactions, Bankruptcy, and Corporate Reorganization, Arbitration and Mediation and Government Law as an example of different firms that may be available. Councilmember LeCour stated he feels it is time to go out for a request for proposal (RFP) to get competitive costs and believes there is a difference of$170 per hour compared to $250 per hour charge from the City's current firm, Olson and Olson. Mayor Smith stated he has some very strong feelings about the legal services that are provided and believes that there is daily interaction with the City Attorney by one or more members of Executive Staff and believes that it would be important to get feedback from Staff that interfaces with the City Attorney, this would have to be a collective agreement by Council to study this or go out for RFP's, as was discussed last year, the City is continuing to transition both with new Council and Staff inembers, expressed concerns with losing the last 30 years of historical value by changing to a new firm during this transitioning period and may be harmful or damaging in the relations with Olson and Olson. Councilmember LeCour stated he believes Council should look in this in a business sense and not look at as emotional issues. Councilmember Rivera stated he has personal experiences with three City Attorneys and believes the varying rates are very competitive. Councilmember Ewing stated she agrees with Councilmember Rivera. 10/15/2007 2808 Councilmember Hill stated he agrees that the City does pay a lot for legal fees but the fact that Olson and Olson have been the City Attorney for such a long time has saved the City money, history, and knowledge which is more than just paying someone off the street that would have to do a lot of research. Councilmember Reid stated you cannot put a price on institutional knowledge and agrees with the Mayor that we would lose a lot of history but also agrees with Councilmember LeCour that it is important to be competitive. Councilmember Peden stated he believes there seems to be more and more of asking attorneys to critique their own work and new eyes would be beneficial, will need to have further discussions and meet with other attorneys. It is time to take a hard look but not necessarily to change but to justify, thanked Councilmember LeCour for bringing this up, Council may not be looking at this with a critical eye and requested further discussion and a future workshop, not aware of all that the City Attorney does and still has questions regarding some of those functions. Mayor Smith stated he does not see anyone, other than Councilmember LeCour and Councilmember Peden, to warrant a study or further discussions. Councilmember Peden stated prior to Council authorizing a Request for Proposal (RFP) be written Council would need to resolve it. Mayor Smith stated he believes that the past Council directed an RFP be written but did not give a directive to be published. Councilmember Ewing remembers the discussion that it was to be drafted, believes she remembers Councilmember Peden clearly stating just to draft. A discussion was held regarding City Council Communications policy. Councilmember LeCour discussed the policy on sending e-mails regarding political functions, one was received and passed it on with a response received back that this was criminal in nature, wants to have a policy to have a clean system, does not believe should use City e-mail endorsing candidates through e-mail system in the form of an invitation that was forwarded by a City employee. Councilmember Peden believes the line was crossed by forwarding an e-mail regarding a political function, if it was sent individually then it is not an issue, using City employee time to forward the e-mail is the issue, looking for a written policy. Mayor Smith stated the practice is that the City Secretary's Office receives mail for Council, opens all mail and forwards to Mayor and Council, whether it is a written document or by e-mail. Councilmember Rivera stated he looks at it a little differently, this may need to be a workshop later, does not believe the Council should be involved in any political involvement and stated let candidates run own campaign. Councilmember Ewing stated it would be helpful to have a workshop to understand the policy, stated she is employed by the School District and is not allowed to participate or endorse anything political, stated the e-mail did not come from anyone on Council and would like a better understanding of what the City can do by e-mail. 10/15/2007 2809 Councilmember Reid stated City cannot stop e-mails or correspondence being sent, believes the line crossed would be endorsing a candidate. Councilmember LeCour stated if someone knows a candidate is having an open house/meet and greet and forwarded to all of Council to let them know, the question is, is that okay and is that okay legally, is it okay by the perception of citizens, does not think so, does not want to tell a candidate what to do, it is the perception that using City e-mails for distributing information regarding candidates is wrong. Mayor Smith suggested holding a workshop to have a clear understanding what can and cannot be done regarding handling of communications. CLOSED EXECUTIVE SESSION Council convened into Executive Session in Accordance with the Texas Government Code, pursuant to Section 551.072 — Deliberation regarding Real Property, Section 551.074 — Personnel Matters (City Secretary) and Section 551.087— Deliberations regarding Economic Development Negotiations. Council convened into Regular Session at 7:00 pm with no action taken later in the meeting. RECONVENE INTO OPEN SESSION 7:00 PM— REGULAR SESSION The invocation was given by Music Minister John Haw with Friendswood Friends 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 recognizing Friendswood Chamber of Commerce representatives. This proclamation promotes the Texas Chamber of Commerce Week in the City of Friendswood. Texas Chamber of Commerce week is October 15-19, 2007. There are over 600 local chambers currently in Texas. The local chambers promote growth and development for their communities. They are a driving force in promoting enhanced education opportunities, infrastructure improvement, leadership development, the creation of jobs and a positive vision of the future. The Chamber of Commerce thanked Mayor and Council for this proclamation. COMMUNICATIONS FROM THE PUBLIC Debbie Woodson, a Counselor with Friendswood Independent School District (FISD), requested to speak regarding Character Counts and Red Ribbon Week. October 22 — 27, 2007 Friendswood's Wrap the Town Red program and Character Counts program, celebrating different pillars of character each month, presented T-Shirts to Council and Staff supporting Character Counts in the Community, introduced Superintendent Trish Hanks, Assistant Superintendent of Business George Rogers and others from FISD attending this meeting. Fred Krch, Friendswood resident had requested to speak regarding Lake Friendswood and chose not to speak at this meeting. 10/15/2007 2810 Trish Hanks, Superintendent with Friendswood Independent School District, requested to speak regarding the District's Bond Election, thanked Police Chief Wieners for support of Character Counts Program, recognized School Board President Ralph Hobratschk in attendance and presented information on the proposed District's Bond Election. Assistant Superintendent George Rogers presented financial information regarding the Bonds and the tax impact and responded to questions from Council. Dr. Matt Robinson, Friendswood resident, spoke on upcoming FISD Bond Election, spoke in support of passage of this Bond Election, most of schools are at or above capacity without the buildout of West Ranch Subdivision, there is a lack of facilities and urged voters to vote yes three times on the Bond Election. Steve Bending, Friendswood resident of 15 years, stated he is President of Falcon Ridge Subdivision Homeowners Association that adjoins Eagle Lakes, stated there are traffic concerns with school traffic now and if Bond Election is approved for another school in this area it would not help it, the City does need additional parks and schools and also need to listen to citizens that will be impacted and placement of schools and access of these properties from FM 518, if this is not resolved as quickly as possible the citizens will have not have a choice but to band together to resoundly vote down this bond election. Jim Runnells, Friendswood Oaks resident, asked to suspend approval of Section II of Friendswood Oaks to resolve issues with this Developer to put in the park as planned before accepted and run out of time. Mayor Smith stated the City Manager is aware of this issue, Mayor and the Homeowners Association (HOA) Liaison has visited with this organization. Mayor Smith thanked and appreciated Police Chief Wieners for standing in for City Manager Bo McDaniel who was absent from the meeting tonight. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Evelyn Newman, President of Friendswood Historical Society (FHS), presented a written annual Report from the Historical Society and reviewed the different activities that have been ongoing and planning for the future, acknowledged the Board Members present at this meeting and the many volunteer efforts in support of the FHS to preserve the Heritage of Friendswood. Questions from Council were answered regarding finance, introduced a historical book written by Joycina Baker, working on potential property acquisition for Glines Barbershop to relocate. City Secretary Deloris McKenzie reported on the Local Option Election petition that was circulated by Steven D. Williams and presented information regarding the Local Option Election (Wet/Dry) proposed for the old Town site of Friendswood. City Secretary reported that Mr. Williams advised he would not be submitting petitions as he did not get the number of signatures required for the petitions. CITY MANAGER'S REPORT City Manager Bo McDaniel reported on the Fifth Annual Broker/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 tenth annual "Swing into Fall" golf tournament, and Fifth Annual Broker and Developer Day will be held on Thursday, October 18, 2007 at Timber Creek Golf Club. Tony Buzbee of Buzbee Properties, Inc., will be the featured speaker at the event regarding his future development plans for downtown. 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 our City. The Mayor and Council are appreciated for their involvement in this important event. 10/15/2007 2811 The City Manager reported on the Builder/Developer Luncheon. The Community Development Department is planning a luncheon (first of an annual effort) at Jones Hangar in Leavesley Park for all local builders and developers. The luncheon will be Tuesday, October 23, 2007 at 11:30 a.m., and will include special awards and door prizes. The event is meant to recognize those area builders and developers, who do business with the City, acknowledge their contributions, explain regulatory issues of interest and enhance and strengthen those relationships between the City and the development/construction community. Council is invited to join the Staff for a fajita lunch and fellowship with these local builders, contractors and developers. The City Manager reported on the Interlocal Agreement for FM 2351 Drainage Project and reported on a letter to the Texas Department of Transportation (TxDOT) requesting that they enter into a cost sharing agreement with the City for the drainage work being done on FM 2351. This area includes the Clover Acres drainage project. Staff will keep the Council informed as to the progress of this project as it develops. The City Manager reported on the Memorandum of Understanding with Galveston County. As Council has probably seen in their mail, the Galveston County Commissioner's Court has approved and executed the Memorandum of Understanding (MOU) with the City to provide for a satellite office in Friendswood City Hall. Plans are to open for business no later than November 16, 2007, in the former City office that was used for utility bill payments. This new tax office will be open one day a week on Fridays. The City Attorney has reviewed the question posed by the County's attorney about competitive bidding or public hearing requirements and finds none as relates to the City's responsibilities. This is simply a non- exclusive license to use a part of a City facility to provide services to Friendswood citizens. ACTION ITEMS **Councilmember Rivera moved to approve all appointments and reappointments to Group B Boards, Committees, and Commissions as follows: Community Appearance Board with Gail Rodgers, Marion Abbe, and Patricia Steinke, Fourth of July Steering Committee with Corey Kirkland, Anthony Scarpa, Dan Morgan, Nicole Morgan, Thomas McDonald, and Steve Pate. Investment Committee with Robert Bozka and Alan Rasmussen, Parks and Recreation Board with Brett Davis and Tierni Sager(alt.), Senior Citizen Advisory Committee with Sigourney Pate and Rae Powell (alt)with all terms expiring November 2010. Seconded by Councilmember Reid. The motion was approved unanimously. No action was taken regarding appointments to the West Ranch Management District Board to fill two vacancies. Mayor Smith suggested a letter from Council be sent inviting residents living in the district to volunteer to serve to be considered for appointment to these two positions. **Councilmember Ewing moved to approve authorizing an interlocal agreement with Friendswood Independent School District for the use of FISD athletic fields. Seconded by Councilmember Rivera. The motion was approved unanimously. **Councilmember Rivera moved to approve Chapter 380 incentive grant application to Buzbee Properties, Inc. (BPI) for economic development and authorize the Mayor to execute the Economic Development Agreement. Seconded by Councilmember Rivera. The motion was approved unanimously. 10/15/2007 2812 RESOLUTIONS **Councilmember Peden moved to approve Resolution R2007-33 - a Resolution of the City of Friendswood Texas, Galveston/Harris Counties, awarding Bid No. B2007-16 and designating The Reporter News the Official City Newspaper and authorize $1,600 to publish in the Friendswood Journal when time allows. Seconded by Councilmember Rivera. The motion was approved unanimously. ORDINANCES **Councilmember Rivera moved to approve the Second and final reading of Ordinance No. 2007-17, an ordinance of the City of Friendswood amending Appendix A of the Friendswood City Code, said Appendix A containing rules and regulations governing the placement, use, and maintenance of signs and sign structures within the City, said Appendix A also being Subsection K of Section 8 of Ordinance No. 84-15, as amended, (the Zoning Ordinance ), by striking Paragraph (2) of Subsection C of Section 12 thereof; deleting the requirement that changeable copy signs contain a maximum of two lines of text copy not exceeding ten (10) inches in height per line; 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 unanimously. **Councilmember Hill moved to approve the Second and final reading of Ordinance No. 2007-18, 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 abolishing the Original Business District zoning classification and providing for the creation of a Downtown Zoning District; providing rules and regulations governing the use of land within the Downtown Zoning District; 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. ***Councilmember Rivera moved to amend to change the basis for measuring maximum building heights, as set forth in proposed Subsections I 1 and Q-3-b-(3), to provide that height would be measured from two (2) feet above average base flood elevation, change the parking limitations requirements contained in F-1-c to prohibit on-street parking along FM 2351 (within the Downtown District) and change the tree planting requirements contained in N-6-1 to require a Class 2 or Class 3 tree from the approved tree list for landscaping Seconded by Councilmember Ewing. The motion to amend was withdrawn and seconded withdraws second of this motion. The vote on motion to approve R2007-18 was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Mayor Smith reported he has received the annual report from the State Comptroller's Office regarding Unclaimed Property and gave information how to access the web site and search for any refunds. Councilmember Ewing reported on supporting Character Counts each month by placing on marquees, the City PEG channel, and possibly as a banner on the web site. 10/15/2007 2813 Councilmember Reid thanked the Friendswood Historical Society for their report, the Museum and Perry Home is still open on Saturday's 10 — 12 AM, support Red Ribbon week, reminded about Prayer Breakfast honoring Pastors, working on HOA's meeting next month. Councilmember Rivera thanked those volunteers for volunteering. Councilmember Hill stated as Drainage District liaison there was a good meeting with members of Galveston County Consolidated Drainage District (GCCDD), Mayor Smith and the City Manager meet tomorrow with Clear Creek Steering Committee. Councilmember Ewing stated Friendswood United Methodist Church thanked Community Development for their hard work and for having a heart, Fall HauI-A-Day was held on Saturday, had 326 cars come through, huge turnout, thanked James Toney and Staff for their support and for moving the event to Cline Elementary and partnering with FISD, sent items that were collected to Habitat for Humanity, thank you for the support from the community, thanked Sonic, IESI, and volunteers for removing refrigerant. *"Councilmember Peden made a motion to waive rules for monetary amount for Consent Agenda. Seconded by Councilmember Rivera. The motion was approved unanimously. CONSENT AGENDA **Councilmember Rivera moved to approve the Consent Agenda as presented with the exception of Item A. B. Approve a Mutual Aid agreement with Clear Creek Independent School District for emergency management services. C. Approve City of Friendswood's pro rata share of Clear Creek Watershed Steering Committee annual budget in the amount of $2,545.00. D. Accept two public utility easements for the South Friendswood Force Main Diversion project. E. Approve banner permit application for First Baptist Church for a Christmas Musical. F. Accept September Property Tax Report. G. Approve Minutes of the September 17 and September 19, 2007 Meetings. Seconded by Councilmember Hill. The motion was approved unanimously. '�**Councilmember Rivera moved to approve Item A. Approve renewal of contract with Friendswood Historical Society for the maintenance and preservation of historical sites in the City and increase the amount from $10,000 to$15,000 with the additional $5,000 to be funded from Reserve Fund. Seconded by Councilmember Reid. The motion was approved unanimously. A motion was made and approved to adjourn at 9:38 PM. ..,,w....�.�.<.:w�. � � �:., M�a�r David` . . 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