HomeMy WebLinkAboutCC Minutes 2008-02-04 Special 02/04/2008 2853
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STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
� COUNTIES OF GALVESTON/HARRIS )(
FEBRUARY 04, 2008 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, FEBRUARY 04, 2008, AT 4:30 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 (arrived at 5:40 PM)
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
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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 551.072 — Deliberation regarding
real property.
Council convened into Special Session at 5:40 pm with no action taken later in the meeting.
RECONVENE INTO OPEN SESSION
SPECIAL SESSION
Discussion was held regarding amendments to the Subdivision Ordinance for plat approval. The Mayor
stated that the City Attorney has been working to draft amendments to the Subdivision Ordinance that
would remove certain exemptions from the platting requirements but allow the five acre exception and
grandfathered properties. This draft is provided for Council's review and for discussion purposes. The
Planning and Zoning Commission would also need to discuss this at their meeting and a Joint Public
Hearing would still need to be scheduled to receive the public's comments. Staff briefed Council on the
history of this draft to possible consideration by City Council. The Planning and Zoning Commission
(P&Z) is to review this at their meeting of January 31 and may have their input for consideration. P&Z has
been invited but not requested to attend the Joint Public Hearing. Mayor Smith explained the parameters
of why this is being discussed to develop a standard language regarding plat approval and discussed
draft language for consideration as an amendment to the Subdivision Ordinance. When a subdivision
shows up in various recorded documents that is not a true recordation of a subdivision.
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02/04/2008 2854
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Confusion sometimes occurs over Public Hearings for re-plat issues and Planning and Zoning
Commission authority. City Council responsibilities with re-zonings and adopting of ordinances, the
language is provided to Council and a definition of terms on the provision for subdividing of any tract of
land within the City, building permit requirements are the exception or exemption to the rules,
grandfathering prior to 1985, record each unrecorded parcel as it becomes affected, associated legal
costs.
Councilmember Peden left the meeting at this time (6:20 PM).
This impact should be considered as a whole and consider the drainage issues. Amending the
Subdivision Ordinance may take a lot of time and suggest concentrating on platting issues as quickly as
possible in order to not hold up some current developments that are affected in the unrecorded
subdivisions. The City can work on the rest of the documents on a later agenda.
Discussion was held regarding submitting requests for federal funding for Clear Creek for Fiscal Year
2008. The Mayor stated the City received a letter from Congressman Nick Lampson offering financial
support for local and regional issues for Fiscal Year 2009. Congressman Lampson is asking that the City
submit all requests for project funding as soon as possible, but not later than Friday, February 22, 2008.
The City has also received an inquiry from a sponsor to assist in securing continued funding for the Clear
Creek NED Plan by the United States Army Corps of Engineers (USACE).
Discussion was held regarding the Memorandum of Understanding (MOU) for the National Economic
Development Plan (NED). Mayor Smith explained that the option of the City approving the NED Plan
independently is still there, a meeting was held with the Galveston County Consolidated Drainage District
last Wednesday, sections of the proposed MOU were discussed and a great amount of work has been
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done on the agreement of understanding.
7:00 PM—REGULAR SESSION
The invocation was given by Pastor Jim Bass with Friendswood United Methodist Church.
Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas.
COMMUNICATIONS FROM THE PUBLIC
Tom Timmins, Friendswood resident, addressed Council and stated he would like to speak in opposition
of the request for proposal (RFP)for tax collection services.
Rick Eckersley, Friendswood resident, addressed Council and stated he would like to speak in opposition
regarding a recommendation from Planning and Zoning Commission to deny a zone change request for
1501 Winding Way.
Kathy Rogers, Friendswood resident, addressed Council and stated she would like to speak in opposition
regarding a recommendation from Planning and Zoning Commission to deny a zone change request for
1501 Winding Way.
Bobbie Jones, Friendswood resident of 35 years, addressed Council and stated she would like to speak
on a non agenda item concerning the hazardous waste disposal and would like Council to consider, the
City needs it drastically, the Pearland Recycling Center has a center for free of charge to citizens.
Homeowners have dangerous items in garages and are considering what to do in disposing of them.
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Chaya Verveer, Friendswood resident of 30 years, addressed Council and stated she would like to speak
in support of the conceptual plans for the expansion of the new library. Friendswood Library is dear to her
and is very interested in the expansion, urged Council to take a good look at the proposal and move
forward with expansion plan. The library feeds and nourishes the brain and urged the City to move
forward to expand the library.
"*Councilmember Rivera moved to approve an inte�,.�`:� �I agreement with the City of Bayou Vista for Fire
Marshal services and authorize the Mayor to execute tr,.;agreement.
Seconded by Councilmember Hill. The motion was approved 6-0.
""Councilmember Ewing moved to approve recommendation from the Planning and Zoning Commission
to deny a zone change request for 1501 Winding Way.
Seconded by Councilmember Rivera. The motion was approved 6-0.
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
Kimball Brizendine, Chair of the Friendswood Library Advisory Board and former Mayor of Friendswood,
presented the annual report on the growth of users and the need for expansion at the library and thanked
Council for allowing him to serve on the Board and stated the Library Staff is outstanding and introduced
the Library Board, Friendswood Independent School District (FISD) Liaison to the Library and Friends of
the Library that were in attendance.
Mayor Smith and Council thanked everyone on the Library Board for their volunteer time.
,,.,,,,, Councilmember Peden returned to the meeting at this time (7:45 PM).
**Councilmember Ewing moved to approve a proposal from Hall, Barnum, Lucchesi Architects for
architectural services for conceptual plans for the library expansion and authorize the Mayor to execute.
Seconded by Councilmember Rivera. The motion was approved unanimously.
CITY MANAGER'S REPORT
The City Manager reported on the Capital Projects Report. A monthly status report regarding progress on
current capital projects was given and an Executive Summary was prepared for Council's convenience.
The City Manager reported on the Standard and Poor's Rating. Administrative Services Director Roger
Roecker provided a report on the City's bond rating according to Standard and Poor's agency. The City
has earned an A+ credit rating for general obligation bonds based on the City's economy, financial
condition, demographic factors, financial management practices and debt structure. This rating is critical
to lowering the cost of the City's debt and resulting impact to the taxpayers and ratepayers and
congratulated the current and past Council and Staff for demonstrating fiscal responsibility.
The City Manager reported on the Brittany Bay Boulevard update and stated the available funding for the
existing Brittany Bay Boulevard study being performed by Freese and Nichols will be limited to no more
than the current budget for the study, any subsequent funding for construction could be severely
impacted, according to the information provided to Council. Based on information received elsewhere,
highway projects' funding will probably suffer until the Iraq conflict is resolved.
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The City Manager reported on a request for use of City Hall. The Friendswood Historical Society has
once again requested the use of Friendswood City Hall for the Quilt Show held in conjunction with the
Chamber of commerce FIG Festival, Saturday, April 19, 2008. According to the policy for the use of City
Hall, any and all City-sponsored meetings and/or events may be held at the City Hall. All City-sponsored
events are required to have City Staff or Council members present at the building during the meeting or
activity. The Friendswood Historical Society is provided with financial support through a contract for the
preservation and maintenance of historical sites in the City and coordinates events as a means of
showcasing their work. It can be argued that the Historical Society are City-sponsored and endorsed and
therefore qualify to use the City Hall building for the Quilt Show as part of the Annual FIG Festival,
another City-sponsored event. Council allowed the City Manager grant the Historical Society the use of
the building last year for this same event, therefore, hearing no objections from Council, the City Manager
will grant them the same courtesy again this year.
The City Manager reported on an update to City Hall recycling. On Monday, December 17, 2007, the City
of Friendswood began an organizational-wide recycling effort. Since that time, City employees have
made the conscious effort to place their paper, cardboard, bottles, jars, and cans inside the many
recycling bins placed at City Hall, the Library, Public Works building, Activity Building, and the Public
Safety Building. In fact, the recycling effort with City employees has been so successful that it was
necessary to purchase two more 50-gallon recycling containers to handle the overflow of recyclables that
have been filling up the bins. The City's solid waste service provider, IESI, has been extremely
cooperative and accommodating through the launch of this program and pleased to report that recycling
has proven to be very successful for the City of Friendswood. Staff will continue to keep City Council
updated on the City's recycling efforts.
The City Manager reported on the tax payment process reporting of the recent changes to the property
taxation process for Friendswood residents (effective January 1, 2008). The City created and distributed �'
a summary of changes facing City of Friendswood property taxpayers, as well as State Legislature
changes that are also affecting the City's taxpayers. The material included in this public information effort
covered changes that Friendswood Harris County and Galveston County taxpayers could expect when
receiving and paying City, County, and School taxes. The City encouraged residents to contact their
mortgage companies, when appropriate, to notify them of the tax collector change. The material also
included Galveston County Tax Office information, with an announcement of the satellite office's
operating hours at City Hall and a list of services provided at that office. In addition, the City provided a
chart summarizing the taxing authorities' contact information for Friendswood taxpayers. Where State
legislative changes are concerned, the material included details on House Bill 1010, which has aligned
appraisal district boundaries with County lines. For Friendswood, Harris County residents now interact
with the Harris County Appraisal District located at 13013 Northwest Freeway in Houston. However,
Galveston County residents of Friendswood continue to interact with the Galveston Central Appraisal
District. The aforementioned information was placed on the City's PEG channel on December 20, 2007,
and distributed through the City's Groupbuilder news release/e-mail notification system and the City's
website on December 21, 2007, where they still remain. In addition, this information is included in the
Winter 2008 Focus on Friendswood City newsletter, mailed to all Friendswood residents, businesses, and
post office boxes. The information may have already been seen on the channel. Council was given a
copy of the article in the City newsletter.
Mayor Smith requested Ordinance No. T2008-03 to be moved up to this portion of the agenda.
**Councilmember Rivera moved to approve the first reading of Ordinance No. T2008-03, an Ordinance of
the City of Friendswood, Texas, adopting a fee to defray costs of col�ecting delinquent fines, fees, and
other debts pursuant to article 103.0031 of the Texas Code of Criminal Procedure.
Seconded by Councilmember Hill. The motion was approved unanimously. �
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ACTION ITEMS
""Councilmember Hill moved to approve the disposition of Bid No. 62007-17 for the
Glenshannon/Greenbriar Drainage Improvements project and authorize the Mayor to execute the contract
with Big State Excavation.
Seconded by Councilmember Reid. The motion was approve unanimously.
*"Councilmember Ewing moved to approve directing Staff to prepare a Request for Proposals (RFP) for
Tax Collection Services.
Seconded by Mayor Smith. The motion was approved 6-1 with Councilmember LeCour opposed.
RESOLUTIONS
""Councilmember Rivera moved to approve Resolution R2008-08 - a Resolution of the City of
Friendswood, Texas, approving and adopting the amended sections of the City of Friendswood, Texas,
Personnel Policies: Section 7 — Compensation Policy, Section 8 — Leave Policy and Section 15.02
Incentive Pay Policy.
Seconded by Councilmember Reid. The motion was approved unanimously.
'`*Councilmember Rivera moved to approve Resolution R2008-07 - a Resolution of the City of
Friendswood, Texas, authorizing the City Manager to execute and submit a Notice of Intent, a Storm
Water Management Program, and Permit Application Fee and to take any other action necessary to
comply with the requirements of TPDES General Permit No. TXR040000 issued on August 13, 2007.
Seconded by Councilmember Reid. The motion was approved unanimously.
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No action was taken regarding Resolution R2008-10 - a Resolution of the City of Friendswood, Texas,
determining that the land is needed for construction, installation, maintenance, operation, inspection,
replacement, repair, and removal of certain public utility lines as part of the Deepwood Force Main Project
for the City of Friendswood, Texas; and authorizing the City Manager to make final offer to acquire such
land. (Bulgier)
**Councilmember Rivera moved to approve Resolution R2008-11 - a Resolution of the City of
Friendswood, Texas, determining that land is needed for construction, installation, maintenance,
operation, inspection, replacement, repair, and removal of certain public utility lines as part of the
Deepwood Force Main project for the City of Friendswood, Texas; and authorizing the City Manager to
make final offer to acquire such land. (Autumn Creek Community Association)
Seconded by Councilmember Rivera. The motion was approved unanimously.
**Councilmember Hill moved to approve Resolution R2008-12 - a Resolution of the City of Friendswood,
Texas, determining that land is needed for construction, installation, maintenance, operation, inspection,
replacement, repair, and removal of certain public utility lines as part of the Deepwood Force Main project
for the City of Friendswood, Texas; and authorizing the institution of eminent domain proceedings.
(Eclipse Development Company)
Seconded by councilmember Rivera. The motion was approved unanimously.
**Councilmember Rivera moved to approve Resolution R2008-13 - a Resolution of the City of
Friendswood, Texas, determining that land is needed for construction, installation, maintenance,
operation, inspection, replacement, repair, and removal of certain public utility lines as part of the
Deepwood Force Main project for the City of Friendswood, Texas; and authorizing the institution of
,,,,,,,,,, eminent domain proceedings. (Friendswood Land Company)
Seconded by Councilmember Hill. The motion was approved unanimously.
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ORDINANCES
**Councilmember Peden 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. (Previously tabled 12/03/07)
Seconded by Councilmember Hill.
***Councilmember Hill moved to table Ordinance T2007-19 an Ordinance amending the Code of
Ordinances.
Seconded by Councilmember Reid. The motion to table was approved unanimously.
Ordinance T2008-03 was moved to earlier in the agenda.
'`*Councilmember Ewing moved to deny the First reading of Ordinance No. T2008-04, 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 adding a new Subsection 7 to Section 9(h) "site
plan process" and amending the related Schedule of Fees Table in Appendix D "fees"; providing for a
Commercial Site Plan Processing Fee; 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. The motion to deny was approved unanimously. �
*'`Councilmember Rivera moved to approve the First reading of Ordinance No. T2008-05, an ordinance of
the City of Friendswood an Ordinance amending City of Friendswood, Texas, Ordinance No. 2000-01, as
amended, originally adopted the 17th day of December, 2000, being Appendix B of the Friendswood City
Code, and being an ordinance providing rules and regulations governing plats and the subdivision of land,
by amending Section III(d) by increasing the minimum right-of-way width for major thoroughfare and
collector streets; 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 Hill. The motion was approved unanimously.
""Councilmember Hill moved to approve the First reading of Ordinance No. T2008-06, an ordinance of the
City of Friendswood 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 amending Section 7, Subsection 1.1 and
3.b(3) of Subsection Q to change the basis for measuring maximum building height; by amending
Appendix C. Zoning. Section 20. "definitions" by adding a new Subsection 00. "height" to prescribe the
measurement of height; by amending Section 8, Subsection F, Paragraph 1.c to prohibit on-street parking
on FM 518 and FM 2351; and amending Section 8, Subsection N, Paragraph 6.a regarding the approved
tree list and landscaping material; 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. The motion was approved 6-1 with Councilmember Rivera opposed.
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COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Ewing stated she would like to thank all of the City Staff for the thank you notes that were
received on the $1 Million dollars used towards employee's salary adjustments, attended the Comp Plan
Committee Meeting, Community Appearance Board (CAB) meeting and would like a workshop regarding
poles and entry signs. Bay Area Houston Economic Partnership (BAHEP) hosted the 15' annual State of
the Economy on January 31, 2008, acknowledged the CAB Business of the Quarter which was Village
Green subdivision.
Councilmember LeCour reported it was the Chinese New Year of the Rat and in Friendswood a Chinese
Dragon Dance will be held at Red Top Restaurant. The owner, Mr. Lee, is sponsoring and will go over to
Westwood Elementary, announced he is a public speaker on the NASA program and spoke at an
elementary school on economic development and government as a whole, has had an opportunity to
speak with Astronaut Stefanie Wilson and will speak on Feb. 20, 2008, at Hill Elementary in Birmingham
Alabama at a City-wide event.
Councilmember Hill stated he had no report.
Councilmember Reid reported on the Community Prayer Breakfast being held on February 16, 2008, at
the Friends Church, reminded everyone next Thursday is Valentines Day and it was a reminder to all the
men watching, congratulated Monetta Houston on her retirement after 24 years as a children's librarian
for Friendswood Library.
Councilmember Peden reported that oftentimes he is misunderstood, is not doing for political purpose,
,.,,, announced his daughter and another student won District DECA competition on young people in politics,
women are role models in politics, going to State competition, thanked Galveston County Tax Assessor-
Collector Cheryl Johnson for helping his daughter in this competition and for being a role model, proud of
the two young ladies going to State and thanked Cheryl Johnson for helping, apologized for being late to
the Council meeting, has made a commitment to serve and has been diligent, have not taken for granted
these last 3 years.
Councilmember Rivera stated he would like to thank all of the citizens volunteering on the boards and
committees, especially the Planning and Zoning Commission, thanked Staff for their hard work,
sometimes may disagree but that is what it is all about and appreciates the opportunity to serve on
Council.
CONSENT AGENDA
**Councilmember Peden moved to approve the Consent Agenda as presented with the exception of
Item A. Approve Inter-local Agreement with the City of Bayou Vista for Fire Marshal services and
authorize the Mayor to execute the agreement. B. Approve renewal of Debris Contract with Crowder-
Gulf for one year and authorize the Mayor to execute the contract. C1. Approve the following
Resolutions of the City of Friendswood: Resolution R2008-05: A resolution of the City Council of the City
of Friendswood, Texas, amending Resolution No. R2008-04, calling a Special Election on March 29,
2008, for the purpose of electing a Councilmember for an unexpired term ending May 2009 (Position No.
1), passed and approved on January 14, 2008, to change the name of the Presiding Judge of the Central
Counting Station from R. J. Blanken to Eileen Mehnert. C2. Resolution R2008-08: A resolution of the
City Council of the City of Friendswood, Texas, determining that an easement is needed for construction
and maintenance of utilities part of the Deepwood Force Main project; approving the purchase of said
,,,,,_, easement from Mohammad S. and Tamara Zaman, property owners. D. Approve Minutes of the January
14, 2007 Meeting.
Seconded by Councilmember Rivera. The motion was approved unanimously.
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"*Councilmember Rivera moved to approve Consent Agenda Item A. Approve Inter local Agreement with
the City of Bayou Vista for Fire Marshal services and authorize the Mayor to execute the agreement.
Seconded by Councilmember Hill. The motion was approved unanimously.
A motion was made and approved to adjourn at 9:55 PM.
.
avid J.H. Smit
Attest:
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Deloris McKenzie, TRMC
City Secretary
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