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Home My WebLink AboutCC Minutes 2007-12-03 Special 12/03/2007 2829 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( DECEMBER 03, 2007 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, DECEMBER 03, 2007, AT 3:00 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 LESLIE REID COUNCILMEMBER ANDY RIVERA CITY ATTORNEY BOBBY GERVAIS CITY MANAGER BO MCDANIEL CITY SECRETARY DELORIS MCKENZIE Mayor Smith called the meeting to order. 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. Section 551.074: Personnel Matters (City Manager's Evaluation; a proposed employment agreement with Community Development Director). Section 551.072: Deliberation regarding real property (land or property acquisition). RECONVENE INTO OPEN SESSION at 7:22 PM with action taken later in the meeting. SPECIAL SESSION Discussion was not held with the Planning and Zoning Commission regarding amendments to the zoning ordinance for the downtown district, sidewalk widths and discretion on equivalent proposals, commercial site plan review fee and the amendments to the subdivision ordinance for right-of-way widths. 7:00 PM— REGULAR SESSION The invocation was given by Pastor Dan Loaiza with Calvary Chapel. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Bea Morris, Friendswood resident, stated she is seeing a lot of information to be published about being done on several projects and would like to know the drainage project status on FM 2351 and reminded everyone of the Clear Creek Study Open House to be held at City Hall tomorrow night and encouraged everyone to attend. 12/03/2007 2830 Bill Holbert, Friendswood resident, addressed the security escort service for the Galveston County Tax Office that is on the agenda, is confused as to why it is on the agenda, this is a County issue and is concerned that the City police department are being requested to make these deposits when the County Constable has agreed to make the deposits, is concerned with circulating information regarding handling of the County funds, this is a dangerous situation that has put the City in a liability situation and asked Council to give this great consideration as to making all of this information public. Faye Roberson, Friendswood resident, expressed concern about a new plat for the Sunmeadow Subdivision from Millennium Corporation that has been filed with the City and is concerned with traffic and wanted to be sure that everyone knew about the new plat. CITY MANAGER'S REPORT The City Manager reported on the Capital Projects monthly status report regarding progress with current capital projects such as the Glenshannon Drainage Project and the Microsoft Project software evaluation. The City Manager reported on the EMS Services and Mayor Smith presented a proclamation to the Friendswood EMS for Volunteer EMS Day in Friendswood. EMS Chief Lisa Camp announced she was named EMS Volunteer Provider of the Year at the annual banquet and also named Friendswood EMS Kris Kurn as Educator of the Year. The City Manager announced the Cowards Creek Watershed Study Public Meeting at 5:00 PM tomorrow evening at City Hall. ACTION ITEMS **Councilmember LeCour moved to approve providing Galveston County Tax Office security at Friendswood City Hall to transfer funds from the Galveston County Tax Office at City Hall to begin immediately and to give discretion to City Manager to develop any details as may be needed. Seconded by Councilmember Peden. The motion failed unanimously. **Councilmember Hill moved to approve the purchase of regional detention from the Galveston County Consolidated Drainage District for the Glenshannon Drainage Project. Seconded by Councilmember Rivera. The motion was approved unanimously. **Councilmember Rivera moved to approve the City Manager's Annual Performance Review as acceptable with compensation to be considered separate from this evaluation at a later date. Seconded by Councilmember Ewing. The motion was approved 4-3 with Councilmembers Hill, Peden and LeCour opposed. Councilmember Rivera stated he finds the City Manager's performance as acceptable and stated he has seen progressive improvements, his morale has improved and there are some areas of improvement needed, expect to see good things. Councilmember Ewing stated she finds the City Manager's performance as acceptable. Councilmember LeCour finds the City Manager as unacceptable because of the Galveston County Tax Office, Capital Projects, Fire Station, and Glenshannon Drainage cost overrun, this will delay some projects and has not been able to work with the City Manager personally, is disappointed in the lack of participation of the City Manager in the ribbon cutting for the Galveston County Tax Office, has seen resistance from the City Manager and is not happy with it. 12/03/2007 2831 Councilmember Reid stated she finds the City Manager's performance as acceptable. Councilmember Peden stated there was some assumption of facts that are not in evidence. He finds the City Manager unacceptable and that comments and allegations made by the City Manager needs to be ad d ressed. Mayor Smith, stated the City Manager followed the will or the majority of the Council and stated the City Manager has worked with two different Councils and did pay attention to the will of both of those sets of Council, thinks personally the City Manager has done a great job, the City Manager has provided confidence and stability with Staff and stated the City Manager recognized early on a lot of great people that work for this City. RESOLUTIONS **Councilmember Ewing moved to approve Resolution R2007-39 - a Resolution of the City of Friendswood, Texas establishing an employee recycling program and encouraging recycling efforts throughout the City. Seconded by Councilmember Rivera. The motion was approved unanimously. ORDINANCES **Councilmember Ewing moved to approve the First reading of Ordinance No. T2007-19, an ordinance of the City of Friendswood amending the Code of Ordinances of the City of Friendswood, Texas, by adding a new paragraph to Section 14-253 of Article IV of Chapter 14 thereof; providing certain amendments to the International Plumbing Code, 2003 Edition; providing for the issuance of permits for the installation of irrigation systems; providing that permits for the installation of irrigation systems shall be issued only to irrigation system installers licensed by the Texas Commission on Environmental Quality; providing other matters relating to the subject; 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 Reid. ***Councilmember Peden moved to table Ordinance No. T2007-19. Seconded by Councilmember LeCour. The motion was approved 6-1 with Mayor Smith opposed. Councilmember Ewing moved to approve the First reading of Ordinance No. T2007-20 an ordinance of the City of Friendswood_amending the Code of Ordinances of the City of Friendswood, Texas, by deleting from Chapter 34 thereof all of Section 34-24 and substituting therefore a new Section 34-24; providing for adoption of the Flood Insurance Study for Harris County, Texas and Incorporated Areas," dated June 18, 2007; providing a penalty of an amount not to exceed $2,000 for each day of violation hereof; and providing for severability. Seconded by Councilmember Rivera. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Peden mentioned the issue regarding security for the Galveston County Tax Office in City Hall and stated Nancy Kessling spoke before Council a few weeks ago and that there was some confusion as to Council's ability to respond and would like to apologize if there was any confusion given to Ms. Kessling. 12/03/2007 2g32 Councilmember Reid reported she attended the ribbon cutting ceremony on Saturday for the new playground equipment at Stevenson Park and commended Councilmember Peden for the officiating of the playground, attended the annual Texas Municipal League (TML) conference and picked up information regarding the camera that will be used for Council Meetings and announced attending the Hospice Tree Lighting Ceremony here at City Hall. Councilmember Ewing reported tomorrow night at 7:00 PM the Historical Society will be having an annual Tree Lighting ceremony, congratulated Myrlene Kennedy nominated as Texas Educator of the Year. Councilmember Hill reported he attended a meeting with the Galveston County Consolidated Drainage District (GCCDD) and also spoke on the green building project that is almost completed, this may be an answer to downtown. Councilmember Ewing reported she attended the Library Board Meeting and the Planning and Zoning (P&Z) Commission meeting and commended them for the great deal of study they do, recognized the ' Community Appearance Board (CAB) for the landscaping of the median at PSB building along with the City Departments, the Laura Recovery Fun Run raised over $7,000, thanked Councilmember Peden for being the spokesperson for the ribbon cutting for the new park playground equipment and recognized all of the donations and support, attended the Clear Creek School District Excellence presentation on technology. Councilmember Rivera stated he had no report. Mayor Smith reported that the Hospice Care Inc., provided the Christmas tree in front of City Hall, this is an opportunity to highlight their services to those in need, attended the Brown Museum Tree Lighting and the Chamber of Commerce lighted Christmas parade, recognized and thanked those that provided for the new playground designed for all kids, acknowledged two soccer teams, Friendswood Freedom U 11, and their sister team for their accomplishments in the playoff s and stated he was a proud dad of one of the soccer players. Councilmember LeCour stated he had no report. CONSENT AGENDA **Councilmember Rivera moved to approve the Consent Agenda as presented A. Approve Emergency Management Performance Grant application and authorize the Mayor to execute. Seconded by Councilmember Hill. The motion was approved unanimously. A motion was made and approved to adjourn at 9:06 PM. a David J.H. Smith Attest: � o� f R�EIy�� /lt' '' �°o D loris McKenzie, TR C V � City Secretary # * � �►,r� � �