HomeMy WebLinkAboutCC Minutes 2007-12-17 Special 12/17/2007 2833
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
DECEMBER 17, 2007 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, DECEMBER 17, 2007, AT 4:00 PM AT THE FRIENDSWOOD CHAMBER OF COMMERCE
CONFERENCE ROOM, 1100A S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS AND A REGULAR
MEETING TO BE HELD AT 7:00 PM AT FRIENDSWOOD CITY HALL, 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.
SPECIAL SESSION-CHAMBER OF COMMERCE
City Manager Bo McDaniel gave a brief overview and background information on the Compensation Pay
Plan. The City Manager introduced K.G. and Associates consultant Bill Park who assisted Human
Resources Deputy Director Bill Bender, Administrative Services Director Roger Roecker and Staff to put
together the Compensation Pay Plan. The budget process was reviewed regarding staffing and the
breakdown of budget, over twelve million dollars would be given to employees. The pay plan will attract
and retain quality employees and provide performance motivators, recruiting, retraining and
reinforcement. Roger Roecker reviewed prior reviews and the budget to correct differences in positions.
Bill Park with K.G and Associates reviewed the purpose and stated surveys are commonly used to
develop ranges of salaries, develop job salary, data using the Compease System and the process was
used to determine job classification and provided a computer program to update annually. Roger
Roecker reviewed the goals to maximize public resources, look at typical employee and number of
employees in departments, reviewed implementation issues, projected impact and financially making the
pay plan effective January 1, 2008, $925,004 from the Water and Sewer fund, $100,000 from Council
Budget, $636,000 in the General Fund and $30,000 in the Water and Sewer fund, looked at other sources
such as Fund Balance, working capital, merit budgets and insurance savings, funding 75% of fiscal year
which would need to be funded 100% in next fiscal year, almost $1.3 million with benefits, median salary
comparisons, reviewed police department entry level comparisons, reviewed position of employees on
proposed pay plan, no employees are at maximum with this plan. Discussion was held regarding the
application of the percentage to the pay grade. Pay grades were condensed from 27 to 20 pay grades,
looked at proposed future change to personnel policies, discussed incentive pay plan policy and the
police department impact on incentive pay plan policy proposed changes.
Councilmember Peden left the Council meeting at this time.
12/17/2007 2834
CITY HALL
A special performance was given by Cline Elementary School Bell Ringers.
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 convened into Regular Session at 7:00 PM with action taken later in the meeting.
RECONVENE INTO OPEN SESSION
7:00 PM— REGULAR SESSION
The invocation was given by Pastor Jim Nelson with Church of the Good Shepherd.
Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas.
SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS
Community Services Director James Toney and Community Services Recreation Coordinator Michael
Boyett presented the City of Friendswood a check in the amount of $9,200 from the Holiday Hustle 5K
Fun Run/Walk with proceeds being donated to the Laura Recovery Foundation. Mayor Smith presented
the check to the representatives of the Laura Recovery Foundation.
COMMUNICATIONS FROM THE PUBLIC
Bea Morris, Friendswood resident, thanked everyone for attending the Open House presented by
Cowards Creek Tributaries 1 and 1A for drainage issues that affect a number of areas.
Kent Ballard, Friendswood resident, stated on behalf of Buzbee I nc., Tony Buzbee and Hometown Center
would like to encourage Council to move forward with the sidewalk discussion for the downtown area.
CITY MANAGER'S REPORT
City Manager Bo McDaniel reported on the City Hall parking lot expansion. Interim Community
Development Director Les McMahen gave an update on the plans to expand the City Hall parking lot to
provide additional space for visitors and voters. When Staff last presented a rough plan for the additional
parking area adjacent to City Hall, Staff was asked by the City Council to look at a number of items in
relation to that plan and to come back with a revised plan to address their concerns. The features of the
revised plan are: removal, relocated or mitigated 12" pine and a 2" pecan; 27 spaces consisting of 24
regular spaces, 3 compact car spaces and 1 handicapped space, one-direction (in) driveway connecting
the north City Hall drive to the new parking area, with the exit through the existing pool parking area to
Castlewood, connecting sidewalks between the new parking area and pool parking areas and the existing
City Hall parking and seven ornamental lights to light the new parking area and the sidewalks. Total
estimated cost is $187,000, consisting of paving, curbs, and storm drain at $100,000; driveway at
$15,000; sidewalks at $10,000; lighting at $21,000 contingencies at $21,000; and professional
services/testing at $25,000. An additional cost of approximately $7,100 might be incurred for regional
detention purchase if sufficient detention is not currently available on-site.
12/17/2007 2835
The City Manager reported on the Community Rating System (CRS) rating. Community Development
Deputy Director of Planning and Building Frank Manigold stated Staff has received the City's Community
Rating System (CRS) report dated August 17, 2006, as verified by the Department of Homeland Security,
Federal Emergency Management Agency (FEMA). The City of Friendswood has been approved once
again for a Class 5 rating. The City is one of only two cities in Texas to have a CRS rating of 5. The City
Manager reported on the former Public Safety Building/City Hall demolition timeline. Community Services
Director James Toney provided a timeline of the demolition for 109 E. Willowick, asbestos abatement has
already begun with a project completion date of December 31, 2007.
The City Manager reported on the Cowards Creek Tributaries 1 and 1A. Interim Community
Development Director Les McMahen stated the Galveston County Consolidated Drainage District's
(GCCDD) engineer has noted that the preliminary recommendation for improvements, that was based on
study data that has now been updated with current field surveys, will probably be scaled back somewhat
as to the linear feet of ditch that needs to be regraded or deepened in each tributary. Also, the number of
street crossings that need to be replaced may be reduced in number or size of the additional culverts.
GCCDD has instructed their attorney to prepare an interlocal agreement between GCCDD and the City
for this project. GCCDD will be responsible for all engineering work and construction work, and the City
will be responsible for its proportionate share of the total cost of the project. By doing this, only one
contractor is working on the project and there is no concern about two contractors having to coordinate
their work with each other. This project is one of the recommended projects in the final draft of the
Cowards Creek Watershed Study that was presented at City Hall on December 4, 2007.
The City Manager reported on the Glenshannon Drainage Project update with Community Development
Deputy Director of Engineering and Capital Projects Morad Kabiri providing an update. The
improvements outlined in Phase I are intended to provide significant flood relief in the Glenshannon,
Wilderness Trails, and Greenbriar Drive areas. However, storm events of five (5) years or greater will not
be addressed with Phase I improvements, but rather ultimate improvements that are to occur during
Phase II.
The City Manager stated the new camera equipment has been installed and are having a test run this
evening and also reminded everyone that City Hall will be closed for Christmas Eve, Christmas Day and
New Years Day, wished Mayor Smith, Council and citizens a Merry Christmas and hopes 2008 will be a
good year for everyone.
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
Councilmember LeCour reported on the Dual County Tax Billing Procedure. Administrative Services
Director Roger Roecker presented information regarding Dual County Tax Billing procedures and gave an
overview of the change to Galveston County Tax Office, stated Friendswood is a bi-County City and are
receiving questions regarding tax statements and reviewed list of taxing entities. Galveston County has
opened up a satellite office at City Hall and Galveston County taxpayers can handle their business locally,
Harris County`s main office is in Houston and has satellite offices in the local area. Friendswood
Independent School District (FISD) or Clear Creek Independent School District (CCISD) may be
contacted for School Tax Offices. Legislation has changed and the appraisal district's boundaries are
now aligned with County lines and this will be a change for Harris County taxpayers, reviewed other
available tax related processes and will be on the City's web site and the television PEG channel as well.
12/17/2007 2836
Galveston County Tax Assessor-Collector Cheryl Johnson stated mortgage companies request
information from the tax offices for all accounts, if citizens receive a tax bill they should send it to the
mortgage companies or send it to the County and the County will send it, there is some confusion with
refinancing, name changes and changing mortgage companies. There is a new legislation regarding
County lines and taxpayers will need to provide changes to both of the appraisal districts until issues are
resolved.
SPECIAL SESSION
Discussion was held with the Planning and Zoning (P&Z) Commission regarding amendments to the
Zoning Ordinance for the Downtown District on height, P&Z is recommending 70 feet depending on
where property is located and structure, no parking along FM 518 and FM 2351 and recommending class
2 and class 3 trees. Sidewalk widths and discretion on equivalent proposals recommending 15 ft. width
or alternate based on property with P&Z approval, side streets was not unanimous, this issue will only
impacts Hometown Center properties because of open ditch streets and at some point the two streets in
this particular project need to be curb and gutter, suggesting a minimum of 8 ft. width, also discussed
developing a sidewalk fund process. A Commercial Site Plan Review Fee was suggested by P&Z to be
the same as residential fee of$500.
Discussion was held with the Planning and Zoning Commission regarding amendments to the Subdivision
Ordinance for Right-of-Way widths. The Planning and Zoning Commission would like to amend the
Subdivision Ordinance to be consistent with the Design Criteria Manual.
Mayor Smith and Council expressed how thankful the City is to the Planning and Zoning Commission
members for the work that they are doing.
ACTION ITEM
**Councilmember Hill moved to approve an employment contract for Les McMahen as Community
Development Director.
Seconded by Councilmember Rivera. The motion was approved 5-2 with Councilmembers Peden and
LeCour opposed.
Councilmember Peden returned to the Council meeting in the midst of this discussion.
RESOLUTIONS
**Councilmember Reid moved to approve Resolution R2007-40 - a resolution of the City of Friendswood,
Texas, authorizing the Mayor to execute an interlocal agreement with the City of Baytown, Texas for
regional storm water training for developers and contractors.
Seconded by Councilmember Rivera. The motion was approved unanimously.
**Councilmember Reid moved to approve Resolution R2007-41 - a resolution of the City of Friendswood,
Texas, ordering the relocation or removal of certain facilities from the public right of way located at the
corner of FM 2351 and Rustic; finding that it is reasonably necessary that the facilities be relocated or
removed in order to accommodate the construction, repair, maintenance, removal and installation of a
City and publicly funded project within the public right of way (Clover Acres Drainage Project); authorizing
and directing the Mayor, Director of Community Development, and City Attorney to take such actions as
are reasonably necessary to relocate and remove the facilities from the public right of way; and making
other findings and provisions related thereto.
Seconded by Councilmember Hill. The motion was approved unanimously.
12/17/2007 2837
**Councilmember Ewing moved to approve Resolution R2007-42 - a resolution of the City of
Friendswood, Texas, ordering the relocation or removal of certain facilities from the public right of way
located at 111 Woodlawn; finding that it is reasonably necessary that the facilities be relocated or
removed in order to accommodate the construction, repair, maintenance, removal and installation of a
City and publicly funded project within the public right of way (Fire Station #4 Project); authorizing and
directing the Mayor, Director of Community Development, and City Attorney to take such actions as are
reasonably necessary to relocate and remove the facilities from the public right of way; and making other
findings and provisions related thereto.
Seconded by Councilmember Rivera. The motion was approved unanimously.
**Mayor Smith moved to approve Resolution R2007-43 - a resolution of the City of Friendswood, Texas,
approving and adopting the Compensation Plan and Job Classification System for City employees, as
submitted by the City's consultant, K G & Associates beginning January 1, 2008 and the Police
Department incentive pay plan would be suspended until re-worked.
Seconded by Councilmember Rivera.
***Councilmember LeCour asked for point of order according to Robert Rules of Procedures this motion is
out of order, believes it is up to the City Manager to determine employee's compensations and needs a
budget amendment to fund increases to the pay plan.
Councilmember Peden agrees with some of what Councilmember LeCour stated but that Directors are
presented by City Manager and concurred by Council.
Mayor Smith stated, as chair, he doesn't believe the motion is out of order and asked for concurrence of
Council that the motion is not out of order Council voted 5-2 with Councilmember LeCour and Peden not
in agreement.
****Councilmember Hill moved to amend the motion to include approving funding that is budgeted in the
2007/2008 budget.
Seconded by Councilmember Ewing. The motion was approved unanimously.
*****The main motion, as amended, was approved 5-2 with Councilmembers LeCour and Peden
opposed.
ORDINANCES
**Councilmember Hill moved to approve the Second and final reading of Ordinance No. T2007-20, an
ordinance of the City of Friendswood adopting the revised FEMA Flood Insurance Study for Harris
County, dated June 18, 2007, which establishes the areas of special flood hazard for that portion of the
City within Harris County. An ordinance 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.
12/17/2007 2838
**Councilmember Ewing moved to approve the First reading of Ordinance No. T2007-21, an ordinance of
the City of Friendswood, changing the zoning classification of 2.336 acres out of and a part of Division B,
Lot 64, Hoidale-Coffman Addition, in Friendswood, Harris County, Texas, from Community Shopping
Center (CSC) and Industrial (I) to Light Industrial (LI). 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 2.336 acre tract of land within the City from
Community Shopping Center (CSC) and Industrial (I) to Light Industrial (LI), such tract generally located
at FM 2351, between Hope Village Road and Beamer Road, also being 2.336 acres out of a 4.2966 acre
tract of land, out of and a part of Division B, Lot 64, Hoidale-Coffman Addition, as recorded in Volume 3,
Page 6 of the map records of Harris County, Friendswood, 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 Rivera. The motion was approved unanimously.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Mayor Smith reported that the Gulf Coast Waste Disposal Authority publication announced the National
Association of Clean Water Agencies (NACWA) recognized the Blackhawk Wastewater Treatment Plant
that serves Friendswood, with their second peak performance Platinum Award for 11 years of perfect
permit compliance.
Councilmember Rivera stated he would like to wish everyone a Merry Christmas and thanked the
volunteers, Mayor Smith and Council for all that they do for the City.
Councilmember Peden stated he was a participant in this year's Christmas Parade and stated it was
really nice, tips his hat off to police officers for handling the parade route and handling of some
participants, was handled in marvelous ways, it was a great parade with a lot of participation,
Friendswood was made proud and wished everyone a Merry Christmas and to be sure to spend a lot of
time with family.
Councilmember Reid reported she attended the Senior Citizens Committee Volunteer Recognition
Luncheon and announced Seniors are moving ahead with a number of projects. The Christmas Parade
was awesome and congratulated Friendswood Chamber of Commerce for a job well done, wished
everyone a Merry Christmas and a Happy 2008.
Councilmember Hill stated he wished all citizens, Mayor and Council a Merry Christmas, attended the
employee Christmas dinner and wishes Staff a Merry Christmas and also encouraged everyone to spend
time with family.
Councilmember LeCour congratulated the Blackhawk Wastewater Treatment Plant for their award,
attended the Senior function and a number of other functions, it has been a pleasure to work with all the
Staff this past year and appreciates all that is done to take care of citizens and has learned a lot from
employees.
Councilmember Ewing reported she attended the Senior luncheon and they are a happening group and
also attended the Parks and Recreation Board meeting, thanked the Community Appearance Board
(CAB) and City Staff for holiday decorations, gave apologies for not being at the City employee dinner
and missed receiving a gift from Captain Recycle, received a "recycled bottle" of water that stated "think
green, drink green" and glad to see the City recycling program implemented and wished everyone a very
restful and peaceful holiday.
12/17/2007 2839
Mayor Smith thanked Ms. Montgomery and the bell ringers from Cline Elementary for the presentation
given tonight and agreed with other Councilmembers about the Christmas Parade, gave thanks to Staff
that put on the employee Christmas dinner and thanked the citizens that attended the Council meeting,
wished a Merry Christmas and a Happy Hanukkah to everyone, announced the next meeting will not be
until January 14, 2008 and urged everyone to take this time to recharge and wished the best to Council
and thanked them for their services.
CONSENT AGENDA
**Councilmember Rivera moved to approve the Consent Agenda as presented A Authorize Council to
invoke Rule 1(A) of the Rules of Procedure to schedule the regular January Council meetings for January
14 and 21, 2008. B Accept easement for public waterline within the Barras Business Park development.
. Seconded by Councilmember Ewing. The motion was approved unanimously.
**Mayor Smith moved regarding alleged action of Councilmembers stated during the Council meeting on
November 19, 2007 and recommend the Council go through a re-training program to begin January 14,
2008.
Seconded by Councilmember Ewing. The motion was approved unanimously.
Mayor Smith and Council discussed the process to go through the re-training program. It was discussed
that during the re-training program Council will discuss how to address allegations made and legal issues.
A lengthy discussion was held as to alleged open meeting act violations and how to address these
allegations.
Mayor Smith stated this training process is what is best for this City and to help decide what is the next
step to take.
A motion was made and approved to adjourn at 10:44 PM.
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