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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. �... yor David J.H. mith Attest: � o� FR�NOa � ' '` �'o D loris McKenzie, TRMC �t O O City Secretary * * a �"r� o� �'�'