HomeMy WebLinkAboutCC Minutes 2008-04-07 Special 04/07/2008 2903
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STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
APRIL 07, 2008 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, APRIL 07, 2008, AT 5:00 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 (outgoing)
COUNCILMEMBER MICHAEL BARKER (incoming)
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
RESOLUTION
'`*Councilmember Rivera moved to approve Resolution R2008-31 - A Resolution of the City of
Friendswood canvassing the returns and declaring the results of the Special Election held on March 29,
2008, for the purpose of electing a Councilmember for an unexpired term ending May 2009 (Position No. 1).
Seconded by Councilmember Ewing. The motion was approved unanimously.
COUNCILMEMBER - POSITION NO. 1
MICHAELE. BARKER.................................................................................................505 votes
MATTFLEMING.......................................................................................................242 votes
Councilmember Ewing thanked her family and the citizens for allowing her to serve the last 5 years on
Council and thanked the Staff for providing support and sound management practices, recapped on the
meetings she attended this last month and reminded everyone of upcoming events and thanked everyone
once again for allowing her to serve as a City representative.
Mayor Smith stated it was a pleasure serving with Councilmember Ewing on Council and thanked her for
the many hours she spent in the last 5 years and she helped make good decisions.
Mayor Smith presented Councilmember Ewing with a plaque and flowers from Council.
OATH OF OFFICE
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Honorable Judge James W. Woltz administered the Oath of O�ce for newly elected Michael E. Barker to
Council Position No. 1.
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Position No. 1 candidate Matt Fleming thanked Council for allowing him to speak and stated he learned a
lot and appreciated this opportunity to run for Council, thanked his supporters and congratulated newly
elected official Michael Barker, they met often and ran a good campaign, thanked the City Staff and was
surprised that there was only a 750 voter turnout, would hope all voters go to the polls and get involved in
the issues, will continue to be involved and will continue to ask questions and thanked everyone for the
support.
Newly elected official Michael Barker thanked his wife for putting up with this and thanked everyone for
supporting and working on the campaign, there is a lot of work to do, promise before voting on items will
get all the information, will study what is best for the City of Friendswood and all citizens, stated he may
make some mistakes along the way but will do the best for the citizens.
The Council meeting was recessed followed by a reception for the outgoing and incoming
Councilmembers.
RECONVENE INTO OPEN SESSION
A discussion was held regarding the process for evaluating/keeping/removing a City Manager. Mayor
Smith spoke regarding this item and Councilmember LeCour asked about the process of placing this item
on the agenda, point of order appears that this agenda item was not on the agenda by 2:00 PM on
Monday. Mayor Smith stated the Mayor's ruling in past practices show the responsibility of the Mayor to
add, remove or delete agenda items and this has historically been done in the past. Councilmember
LeCour stated it was a point of order to not allow items to be placed on the agenda after the deadline and
Mayor has to abide by the rules for submitting agenda items. Mayor Smith stated the agenda is
submitted for him to determine the agenda format and if Council wants to clarify how the agenda is set ,,,�
the Council would need to have a workshop, believes the Mayor is responsible for the agenda, the rule
applies to Council not the Mayor. Mayor Smith ruled against the point of order and it would take 4
members of Council to overrule the ruling. Councilmember LeCour stated he would like the vote of
Council on the ruling. Mayor Smith asked Council if they agree with Councilmember LeCour that the
Mayor does not have authority to place things on the agenda after the 2:00 PM agenda deadline.
Councilmember Peden asked what the appeal is and asked what does the Rules of Procedure read.
Councilmember LeCour asked that the excerpt from the Rules of Procedure be provided for Council to
review. Mayor Smith read the procedure from the Rules of Procedure and then Mayor Smith called for
the question once again.
The motion failed 4-3 with Councilmembers LeCour, Hill and Peden opposed.
Mayor Smith presented the process to be considered in reviewing the City Manager, asked Council to
have a closed Executive Session with the City Attorney and asked the City Manager to allow this to
happen, in return asked Council to suspend Rules of Procedure and remove action items 13 and 14 from
the agenda, better for all concerned for Council to determine the will of Council in an Executive Session
and not in an open session where there is collateral damage that can occur, will personally follow the will
of the Council on whether the City Manager should stay or go, that is not the problem but would like to
decide on the best process of how to determine the will of Council and would be better if handled
privately, this proposal is regarding the process on how to decide the will of Council. Councilmember
LeCour asked about the process of going into Executive Session and the process to determine the will of
Council and asked if Council can do that. The City Attorney stated Council cannot vote in Executive
Session but can give direction to members of Council or Staff. Councilmember LeCour asked if Council
can poll. Mayor Smith gave an example of the real estate business and gave direction to
Councilmembers or Staff to negotiate. The City Manager would waive holding his evaluation in an open
session under those conditions outlined by the Mayor. Councilmember Peden asked what the goal for �'
the proposal was and Mayor Smith stated it was fairness for everyone. Councilmember Peden stated he
feels close to polling Council privately and believes some things should be held in an open session and
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not shielded from the public, what would keep this from being on every agenda. Mayor Smith stated it is
not a Band-Aid situation, Council is simply talking about the process of a better process than what was
experienced before, if a decision is to be made it would be made publicly. Councilmember Hill believes
the decision should be held in public. Councilmember LeCour asked how this would work and Mayor
Smith explained Council would go into Executive Session and discuss and Council would not take action
on items 13 and 14 from the agenda. Councilmember Hill asked why the item cannot be discussed in
Executive Session and then determined whether action will be taken on the two items. Mayor Smith
stated because the City Manager would not agree to hold in Executive Session if items are not removed.
Councilmember LeCour stated he does not believe Mayor Smith can do this according to Rules of
Procedure. Mayor Smith asked Council to work together to find a way to move this forward.
Councilmember Peden stated he is trying to find the motivation of the Mayor and asked if the Mayor is
trying to postpone this for the next two weeks. Mayor Smith stated if the will of Council or whoever is
directed to affect Council's will in a timely manner, if not affected for any reason, can bring it back on the
agenda. Councilmember Peden stated Council can get all of that right now the way the agenda is written
at the moment, it is the employees call whether to hold it public or private. Councilmember LeCour stated
he thinks it is out of order, it defeated the motion without making it public, it is a great violation of the
Robert Rules of Order and thinks Council should debate and vote, if not then Council does not have a
public record of defeating. Mayor Smith made a correction and stated that anything that Council does in
Executive Session must be voted in public. Councilmember LeCour stated he understands and wants to
remove finro items from the agenda and not vote and the public would not know the outcome. Mayor
Smith asked the City Attorney for clarification if Council can do that and the City Attorney stated it is better
to motion to defer to a certain date.
*'`Mayor Smith made a motion with concurrence from City Manager McDaniel to have the Executive
,,_„ Session held privately with the City Attorney and defer items 13 and 14 until the next agenda if
necessary.
Seconded by Councilmember Reid. The motion failed 2-5 with Mayor Smith and Councilmember Reid
for the motion.
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 551.072 – Deliberation regarding
real property and Section 551.074– Personnel Matters(City Manager).
Council convened into Regular Session at 7:00 pm with action taken later in the meeting.
RECONVENE INTO OPEN SESSION
7:43 PM–REGULAR SESSION
The invocation was given by Pastor Artie Cadar with Friendswood United Methodist Church.
Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas.
**Councilmember LeCour moved to approve terminating the employment of City Manager Bo McDaniel
with the City of Friendswood without cause.
Seconded by Councilmember Hill.
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*"'`Councilmember Reid moved to table the action for two weeks.
Seconded by Councilmember Rivera. The motion was approved 5-2 with Councilmember LeCour and
Peden opposed.
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**Councilmember LeCour moved to approve defining termination conditions between City Manager Bo
McDaniel and the City of Friendswood.
Seconded by Councilmember Hill.
""*Councilmember Reid moved to table for finro weeks.
Seconded by Mayor Smith. The motion was approved 6-1 with Councilmember LeCour opposed.
SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS
A Resolution was presented from Houston-Galveston Area Council (H-GAC) recognizing and honoring
City Secretary Deloris McKenzie for her 16 years of election training service to local governments of the
Houston-Galveston Area Council and to the voters of the region. Mayor Smith and Council congratulated
Deloris for her service.
Mayor Smith presented Monica Montoya of the Friendswood Police department with a proclamation for
National Crime Victims' Rights Week.
COMMUNICATIONS FROM THE PUBLIC
Don Johnson, Friendswood resident, addressed Council and spoke on the City Manager's Report
concerning the proposed Memorandum of Understanding (MOU) Agreement and recommended to
change some of the verbiage of the agreement regarding structural improvements, urged a lot of caution
of this item and urged all Councilmembers to invite members from all of the sponsors to meet with Council
if Council are not in agreement with these changes. ,....,,,
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
The annual report was given from Community Appearance Board (CAB) Chair Patricia Steinke on
activities the board has participated in such as the tree give-away of 1200 trees, Business Beautification
Awards that are given each quarter, Decorative Banners on Friendswood Drive and FM 2351, proposed
banner poles for medians on Friendswood Drive, entrance signs project, Fall HauI-A-Day, Spring Sparkle,
Holiday lighting, Heritage Gardeners who decorate inside City Hall, the flower planting at Stevenson Park
and at City Hall, the Public Safety Building (PSB) median landscaping and the low flow irrigation installed
and looking at the same process for Stevenson Park, median maintenance and updating it annually,
thanked Council for the support and the $20,000 Budget to allow funding for these activities and it is
making the City of Friendswood a great place to live and work.
**Councilmember Reid moved to approve holding a Memorial Day Ceremony and authorizing the City's
co-sponsorship, participation, funding and to waive any associated fees.
Seconded by Councilmember Peden. The motion was approved unanimously.
Grady Lesak, 8'h grader at Cline Elementary, presented a description of his Eagle Scout Project and
addressed the benefits of starting an annual tradition to recognize those who have sacrificed on others
behalf, presented a tentative program and listed those representatives that have been contacted for input
with a list of confirmed resources. A troop 445 is a supporter of the project and still has more resources
to be confirmed and is enlisting other local troops to get involved.
CITY MANAGER'S REPORT
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City Manager Bo McDaniel reported on the Capital Improvement Project (CIP)/Commercial Development
Report, presented the monthly CIP Progress/Status Report and a status report on commercial activity
including the Development Review Committee meetings that have been held.
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The City Manager reported on the replacement laptops for City Council and stated when the City of
Friendswood first began the paperless agenda process, it was decided that laptop computers would be
issued to all Councilmembers in order to review the agenda packet electronically prior to the Council
Meetings. At the time it was not unusual for a Councilmember to not have access to a computer at home.
When it came time to upgrade the council laptops to newer, faster equipment, the old council laptops
were handed down to be used by the Planning and Zoning Commission (P&Z) at their meetings. At that
time, they were just going paperless with their agendas. However, P&Z were not issued the equipment to
take home. Some of the laptops currently used by City Council are having intermittent problems and will
not be suitable to be handed down to the Planning and Zoning Commission members. Staff will be
replacing the laptop computers used by City Council and the Planning and Zoning Commission with new
laptops that will be permanently located at the dais, eliminating the need to transport the computers back
and forth to each meeting. The laptops would be loaded with the agenda packet prior to meetings as is
currently done for P&Z. Councilmembers and P&Z Commissioners will receive a thumb drive that can
plug into the laptop or their computer at home and can be used to store notes or copies of the agenda
packet for the meetings.
The City Manager reported on the Heritage Gardeners request for Property Tax Exemption. The Heritage
Gardeners are seeking Property Tax Exemption for their property located at 112 W. Spreading Oaks
under the Community Service Clubs section of the Miscellaneous Exemptions listed in the Texas Property
Code. Heritage Gardeners requested to endorse their desire to be granted tax exempt status by the
Galveston Central Appraisal District (G-CAD). The City's endorsement is not required but voluntary and
should Council want to endorse this exemption effort, please advise Staff and an item can be added to
the next consent agenda for approval.
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The City Manager reported on the proposed amendments to the Memorandum of Understanding (MOU)
for the Clear Creek NED Plan. A revised version of the proposed Memorandum of Understanding (MOU)
between the City, Galveston County Consolidated Drainage District(GCCDD) and the National Economic
Development (NED) Plan sponsors to find common ground and consensus that can be submitted to the
respective governing bodies for final approval in the near future. This is a first step by the region in
recognizing Friendswood's neglected needs and a mutual willingness to consider future improvements
and limitations to improvements outside of, but impacting Friendswood drainage capacity in Clear Creek.
Unless Council directs otherwise, Staff will advise the sponsors that this draft is acceptable to
Friendswood and that Staff will formally approve at the earliest Council meeting after all parties have
given preliminary approval. This agreement is needed to secure federal funding to address the region's
needs as Congress is reportedly reluctant to fund a project with local governmental opposition.
ACTION ITEMS
**Councilmember Rivera moved to approve extending the contract with Repipe Construction, LTD., for
one year in the amount of $300,000 for the Sewer Rehabilitation Project and authorize the Mayor to
execute.
Seconded by Councilmember Reid. The motion was approved unanimously.
**Councilmember Rivera moved to authorize the purchase of a new Ambulance for the EMS Division of
the Friendswood Volunteer Fire Department.
Seconded by Councilmember Hill. The motion was approved unanimously.
**Mayor Smith moved to approve authorizing the City's support for the Chamber's Annual FIG Festival as
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proposed by the City of Friendswood Chamber of Commerce.
Seconded by Councilmember Rivera. The motion was approved unanimously.
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"*Councilmember Rivera moved to approve Staff to request a proposal from the most qualified traffic
engineering firm, and as necessary, proposals from subsequent highest ranking firms in accordance with
the laws governing the procurement of professional services in Texas for the joint City of
Friendswood/Friendswood Independent School District traffic study.
Seconded by Councilmember Reid. The motion was approved unanimously.
RESOLUTIONS
""Councilmember Reid moved to approve Resolution R2008-29 - A resolution of the City Council of the
City of Friendswood, Texas, accepting a proposal from Goldston Engineering, Inc. for engineering
services in connection with the parking lot expansion at City Hall; approving and authorizing the Mayor to
execute, and the City Secretary to attest, an agreement for professional services by and befinreen the City
of Friendswood (City)and Goldston Engineering, Inc., a CH2M Hill Company (Goldston).
Seconded by Councilmember Barker. The motion was approved unanimously.
**Councilmember Reid moved to approve Resolution R2008-30 - A resolution of the City Council 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.
Seconded by Councilmember Hill.
***Councilmember Peden moved to table until the next Council meeting to allow for more discussion.
Seconded by Councilmember Hill. The motion was approved unanimously.
**Councilmember Rivera moved to approve Resolution R2008-32 -A resolution of the City Council of the �
City of Friendswood, Texas, granting an easement to the Galveston County Consolidated Drainage
District over property located at 203 E. Edgewood Drive, for the purpose of drainage and flood control on
Mary's Creek; authorizing the Mayor to execute and the City Secretary to attest said easement.
Seconded by Councilmember Reid. The motion was approved unanimously.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Rivera gave a farewell to former Councilmember Ewing and thanked her for the 5 years
of service to the City CounciL
Councilmember Peden thanked former Councilmember Ewing for her service to Council, Friendswood
Independent School District (FISD) Board Meeting one act UIL going to State, announced that his only
daughter Brittney Peden will receive an award and has just received a text that she has been accepted at
Stephen F. Austin University and this will be his second child there.
Councilmember Reid thanked former Councilmember Ewing for her service as member of Council, did a
lot to help with this position and is a good friend as well, announced on March 27, 2008, attended the
return of the Shuttle and also attended the Chamber Luncheon in the Park and the opening day for
baseball and was honored to give the invocation, reminded everyone of Spring Sparkle and the prayer
breakfast at Mary Queen Church.
Councilmember Barker thanked former Councilmember Ewing for her service on Council.
Councilmember LeCour reported he has had disagreements with former Councilmember Ewing but
Ewing has had an impact with recycling and feels guilty if recycling is not being done and also has had an "�
impact as a conservative, brought a lot of services for recycling to citizens attention, likes to be around
people that do not agree with his views and appreciates hearing diversity and differences of opinion.
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Councilmember Hill reported on former Councilmember Ewing from one tree hugger to another, respects
Ewing for sticking in there, the service given does not go unnoticed, has known Fred Krch the last 50
years and apologized to Mr. Krch for the way he was treated at the last Council meeting and hoped
another citizen is not treated this way.
Mayor Smith reported on the Spring Sparkle as a great opportunity and stated he attended the Opening
Day for softball that was a really great example of life in Friendswood, appreciated the time and effort
from former Councilmember Ewing for her services given and it will leave a hole, will never see a plastic
bottle without thinking about former Councilmember Ewing who has been an educator and made great
friends, thanks for the opportunity to be able to work together.
City Manager Bo McDaniel stated on behalf of Staff, would like to extend thanks to former
Councilmember Ewing, Staff appreciated and looks forward to working more with Ewing and welcomed
new Councilmember Barker.
CONSENT AGENDA
'`*Councilmember Rivera moved to approve the Consent Agenda as presented A1. Resolution R2008-33
-A resolution of the City Council of the City of Friendswood, Texas, amending Resolution No. R2008-15,
calling a General Election on May 10, 2008, for the purpose of electing two (2) Councilmembers (Position
Nos. 2 and 5), passed and approved on February 18, 2008, to change the names of the Harris County
Election Judge from Barbara Trahan to Darlene Ursrey and the Harris County Alternate Judge from
Darlene Ursrey to LuAnn Erickson. A2. Resolution R2008-34-A resolution of the City Council of the City
,,,� of Friendswood, Texas, approving partial release of a utility easement situated on property located at
3024 Bridle Path, Friendswood, to remove an encroachment; authorizing the Mayor to execute and the
City Secretary to attest a partial release of utility easement by and between the City and Mr. and Mrs.
Thomas Echols, the property owners. B. Approve Minutes of February 27, 2008 Meeting.
Seconded by Councilmember Reid. The motion was approved unanimously.
RECONVENE CLOSED EXECUTIVE SESSION
A motion was made and approved to adjourn at 9:05 PM.
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avid J.H. Smith
Attest:
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Deloris McKenzie, RMC v o
City Secretary * *
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