HomeMy WebLinkAboutCC Minutes 2008-07-07 Special 07/07/2008 2949
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
J U LY 07, 2008 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, JULY 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 ANDY RIVERA
COUNCILMEMBER JIM BARR
COUNCILMEMBER JIM HILL
COUNCILMEMBER BILL HOLBERT
CITY ATTORNEY BOBBY GERVAIS
ACTING CITY MANAGER ROGER ROECKER
CITY SECRETARY DELORIS MCKENZIE
Councilmembers Reid and Barker were absent from the meeting.
Mayor Smith called the meeting to order.
CLOSED EXECUTIVE SESSION
Council convened into Executive Session in Accordance with the Texas Government Code, pursuant to
Section 551.072— Deliberation regarding Real Property
Council convened into Regular Session at 7:00 pm with no action taken later in the meeting.
RECONVENE INTO OPEN SESSION
SPECIAL SESSION
A discussion was held regarding Grant Writing Consulting Services with Sherri Riveron with Sherri L.
Benjamin-Riveron, P.C. Mayor Smith presented Ms. Riveron as a part of budget planning for the future.
Ms. Riveron presented information about her law firm that specializes in planning for strategic funding and
stated she has been practicing law since 2003 and has been in the public sector for 20 years, has been
working on the funding source process since 2004, gave an overview of the financial success and
services the firm offers, there are outside funding streams that largely go unused, are more than grant
writing, the firm is mostly about strategizing and working with their clients through the entire process with
the development of a strategic plan.
Councilmember Barr asked how the firm is paid for their services and Ms. Riveron stated it depends on
the type of project that is being worked on, the preference would be under a retainer agreement and
sometimes funding is available in grants that could pay but would not know up front if a grant would be
recommended, could use the funds for ongoing administrative costs.
Councilmember Hill asked if grants are available for drainage and sports parks, if so, and the City is into
the development project, would that go against getting grant funds and Ms. Riveron stated it could go
against the funding.
07/07/2008 2950
Mayor Smith asked about funding sources for library expansion and asked at what point would be the cut-
off for the grant funding. Ms. Riveron stated if budgeted for, it may be in jeopardy for grant funding and
thinks an outside funding source is better for that type of project, look at corporate sponsorship, look at
raising individual funds for the project.
Councilmember Rivera asked Ms. Riveron if the firm has worked with the Houston-Galveston Area
Council (HGAC) and Ms. Riveron stated yes and has also served on a committee for the City of Houston
and is familiar with the process.
Mayor Smith stated that some of the projects the City has been studying are not budgeted and would like
to proceed with extensive research on project timeline and at the same time looking at other timelines that
are in the works, would look at specific funding sources from Federal, State, private, Department of
Transportation (TX Dot), Federal Emergency Management Agency (FEMA), Housing Urban Development
(HUD) and State if it passes through.
Councilmember Hill stated streets and drainage are issues within the City, Galveston County is working
on a Bond Election, asked Ms. Riveron, in her capacity, would she go and lobby for funds to be spent in
Friendswood, Ms. Riveron responded no, her company does not do that but would give the City the
information that would help defend the City's request.
Councilmember Barr stated he would like some additional information from Ms. Riveron on her past
experiences, is very supportive of sporting issues and would like to know about experience in this area.
Councilmember Rivera stated he knows that there are a lot of sources to go to for funding and would like
more information on that.
Mayor Smith agreed with Councilmember Hill and stated he would like to have more information as well,
thanked Ms. Riveron for coming in and introducing herself.
A discussion was held regarding the Friendswood Volunteer Fire Department's (FVFD) 15 Year Plan.
FVFD President Rick McFee reviewed the FVFD equipment inventory excerpted from the 2007 Annual
Report and the 15 year Vehicle Replacement Schedule.
Councilmember Rivera thanked Mr. McFee for the breakdown, performance is enhanced by equipment
that is kept by the FVFD, will be revised annually based on maintenance.
Mayor Smith stated he appreciates the fact the FVFD has a plan that is proactive rather than reactive, the
plan will be approved annually, it is a good thing and good habit to do this each year, this is a great
opportunity for the citizens that are only paying for half of the equipment used and urged all citizens to
donate the $6.00 on water bills.
Councilmember Hill restated the plea to citizens to donate with their water bill every two months, it is a
real bargain.
Councilmember Barr stated the $6.00 will go further than imaginable and it keeps the ambulance service
at no charge.
Mayor Smith asked if there is anything else Council can do for the Fire Department.
Rick McFee thanked Council, the City and the citizens for their support and stated the Fire Department
has excellent equipment and could not do this without support from the City.
07/07/2008 2951
A discussion was held regarding amendments to the Utility Code of Ordinances to include Backflow
Prevention and a Customer Service Inspections Program. Community Development Director Les
McMahen presented an overview of the requirement from the Texas Administrative Code from the Texas
Commission on Environmental Quality (TCEQ), has been in place for some time although have been
commended for reporting process and locations but does not have a Customer Service Inspections
Program in place, TCEQ was aware the City is working on implementing a plan and the requirement has
been extended to March 2009, has been extensively reviewed by Public Works Director Kaz Hamidian,
Community Development Deputy Director Mo Kabiri, may be able to administer with existing staff with
inspections and other review process, looked at other small cities and put together a model that is smaller
and easier to read than the model from TCEQ, reviewed some of the requirements from the proposed
ordinance and also reviewed a Staff developed flow chart depicting ability to administer the program.
Councilmember Holbert stated he thinks the public does not understand the practical application of this
process and it needs to be separated out from residents and commercial.
Community Development Director Les McMahen explained the process that would need to be used
regarding testing.
Mayor Smith asked why was the test needed and Kaz Hamidian answered so that it will not contaminate
the water system.
Councilmember Rivera asked how the citizens, builders and installers know these requirements and
Community Development Director McMahen stated through the permitting process as the new
building/installation occurs.
Councilmember Hill asked how much will the test cost and how does it work and it was answered that it
does not have a cost.
Councilmember Barr stated he understands the State is requiring this backflow prevention and asked
what would be the repercussions if the City does not enact this requirement. Community Development
Director McMahen stated the City could be fined up to $2,000 per day in violations and stated the date
has already passed to adopt these provisions, Community Development Director McMahen stated
violations are set out in the municipal code and is determined by the Municipal Judge. The City Attorney
stated fines are governed by the Local Government Code (LGC) that is set by LGC. Councilmember Barr
asked could this fine be set by tiers and the City Attorney advised yes it could.
Councilmember Rivera stated this would not apply to the homeowner only if they have an alteration such
as irrigation, swimming pool or other and Community Development Director McMahen stated yes, unless
there is lead content and they have backflow prevention and it is installed by a licensed installer.
Mayor Smith thanked Staff for the information provided and asked Council if this ordinance is ready to go.
Councilmember Hill stated he would like to see the fine tier changed.
Interim City Manager Roger Rocker stated he would like to place this item on the next meeting agenda
with an ordinance amendment.
Councilmember Rivera stated he would like to include in the amendment any workload and cost to the
City and any inspections needed.
The Interim City Manager asked about using a fine tier for this ordinance and asked if Council had any
recommendation.
Councilmember Hill stated he would like to see the fine capped at$500.
07/07/2008 2952
Council asked Staff and the City Attorney to draft a fine tier for Council consideration.
7:00 PM— REGULAR SESSION
The invocation was given by Pastor Steve Shelby with Friendswood Community Church
Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas.
JOINT DOCKETED PUBLIC HEARING
Mayor Smith and Planning and Zoning Commission Chairman Gibson called a Joint Docketed Public
Hearing to order, to receive comments from the public, either oral or written, regarding amending
Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to
the Permitted Use Table to clarify references to certain uses and to more specifically describe them by
use of the 1997 NAICS (North American Industry Classification System) reference numbers.
No one spoke in favor or against the proposed Zoning Ordinance amendment.
Hearing no further comments, Planning and Zoning Chairman Gibson closed this portion of the Joint
Public Hearing.
Mayor Smith and Planning and Zoning Commission Chairman Gibson called a Joint Docketed Public
Hearing to order, to receive comments from the public, either oral or written, regarding amending
Appendix A, Sign Ordinance of the City of Friendswood Code of Ordinances, Sections 1 and 9, regarding
prohibiting electronic digital billboards.
Bobbie Jones, Friendswood resident, spoke in opposition of the Sign Ordinance amendment and asked if
this is prohibiting electronic digital billboards. Councilmember Rivera clarified that it would be large
billboard signs.
No one spoke in favor of the proposed Sign Ordinance amendments.
Hearing no further comments, Planning and Zoning Chairman Gibson closed this portion of the Joint
Public Hearing.
Mayor Smith and Planning and Zoning Commission Chairman Gibson called a Joint Docketed Public
Hearing to order, to receive comments from the public, either oral or written, amending Appendix B,
Subdivision Ordinance of the City of Friendswood Code of Ordinances, Section III, Subsection b.1.(i)
regarding Connection-to-Collector Street Issue.
Bobbie Jones, Friendswood resident, spoke and asked what collector streets were and Councilmember
Rivera stated they are streets within the subdivision that meet and connect to other collector streets and
Councilmember River read the definition of collector streets.
No one spoke in favor or against the proposed Subdivision Ordinance amendment.
Hearing no further comments, Planning and Zoning Chairman Gibson closed this portion of the Joint
Public Hearing.
Council left the Joint Docketed Public Hearings open for a future meeting.
07/07/2008 2953
COMMUNICATIONS FROM THE PUBLIC
Paul Kiessling, Friendswood resident, addressed Council and spoke on the EI Dorado Street expansion
and stated it has been a learning experience and feels the City can come to a resolution regarding his
property and easement needed, has lived at the location for the past 20 years, locale information was
provided to Staff and stated he believes his concerns will be answered.
Councilmember Rivera thanked Mr. Kiessling and Staff for working together to resolve this issue.
Fred Krch, Friendswood resident, stated he has been a resident since 1960, addressed Council and
stated the backflow prevention are shelf items and can be installed by the resident, urged Council to get
the law and read it, invited City Council, City Manager, and City Attorney to Wild Game dinner at Baptist
Church in August and will bring more information as to the exact time and date of the dinner. Mr. Krch
asked Councilmember Barr about a statement made in his campaign project concerning problems with
Friendswood Independent School District (FISD) and does not see any problems between the schools
and City and would appreciate a response in writing.
CITY MANAGER'S REPORT
Interim City Manager Roger Roecker gave the Capital Improvement Projects (CIP)/Commercial
Development Report with a report on commercial activity including Development Review Committee
meetings held.
The Interim City Manager reported on the CenterPoint Energy-Gas Rate Case. The consultants for the
CenterPoint Energy-Gas rate case that the City is involved with informed the City that an agreement has
been reached between the Gulf Coast Coalition of Cities (of which Friendswood is a member) and
CenterPoint Energy. At this time, the agreement is still subject to the parties formalizing a document that
the City's consultants are preparing and the details of this agreement are still forthcoming. There are two
points as a result of this pending agreement, first the City has received a letter from CenterPoint
indicating that the company has agreed to extend the effective date of their rate increase by 30 days (to
August 8). This, coupled with the agreement itself, means that the ordinance that orders CenterPoint to
reduce their rates (which Council passed on first reading June 16, 2008) will no longer need to be
passed. Since the City's Charter states that ordinances that are not approved on second reading within
90 days are deemed rejected, we will simply not take this ordinance up again. This is why Council does
not see this ordinance presented for second reading at tonight's meeting. Second, once a settlement is
finalized between the Coalition and CenterPoint, the City of Friendswood will need to pass an ordinance
adopting the settled rates. Assuming the settlement progresses smoothly, that ordinance is the next and
final action that Council will take on this case. Staff anticipates that this ordinance will be presented on
the Council's agenda for first reading on July 21, 2008. Staff will keep Council updated on any pertinent
issues associated with this case. All in all, this is very good news for the City's residents, as this
settlement will result in lower gas rates than were originally proposed by CenterPoint Energy. Without the
City's involvement, CenterPoint's increased gas rates would have become effective in the City of
Friendswood last March with no questions asked.
ACTION ITEMS
**Councilmember Hill moved to approve concurrence and approval of the Mayor's appointments of City
Council Liaisons.
Seconded by Councilmember Holbert. The motion was approved 5-0.
07/07/2008 2954
**Councilmember moved Holbert to approve an agreement with the Forest Bend Homeowner's
Association for the exchange of the Fire Station No. 3 property with the Forest Bend Civic Center property
and authorizing the Mayor to execute the exchange documents and ratify real estate directions from
Executive Session.
Seconded by Mayor Smith. The motion was approved 5-0.
**Councilmember Rivera moved to approve the City of Friendswood hosting the Galveston County
Mayors and Councilmembers'Association monthly meeting for July 16, 2008, not to exceed $5,000.
Seconded by Councilmember Holbert. The motion was approved 5-0.
RESOLUTIONS
**Councilmember Rivera moved to approve Resolution R2008-50 - a Resolution of the City Council of the
City of Friendswood, Texas, adopting Rules of Procedure for City Council meetings; and repealing all
other resolutions inconsistent or in conflict herewith.
Seconded by Councilmember Holbert.
***Councilmember Rivera moved to approve as amended to reflect Rule 15 making a change to last
sentence, remove Citizens may also request to be placed on the agenda under Communications and
made change to remove "to" and from make change to Citizen may request a Councilmember to place an
item on the agenda.
Seconded by Councilmember Holbert. The motion was approved 5-0.
**Councilmember River moved to approve Resolution R2008-56 - a Resolution of the City Council of the
City of Friendswood, Texas, repealing Resolution R2008-48 and authorizing the Mayor to execute, and
the City Secretary to attest, respectively, a Master Development Agreement with Lingo FL West-Land,
Ltd., to address development of Friendswood Lakes future sections (the Subdivision) and extension of
Friendswood Lakes Boulevard.
Seconded by Councilmember Barr. The motion was approved 5-0.
**Councilmember Rivera moved to approve Resolution R2008-57 - 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 improvements as part of the EI
Dorado/Friendswood Link Road Project for the City of Friendswood, Texas; and authorizing the City
Manager to make final offer to acquire such land. (KIESSLING)
Seconded by Councilmember Holbert. The motion was approved 5-0.
**Councilmember Rivera moved to approve Resolution R2008-58 - 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 improvements as part of the EI
Dorado/Friendswood Link Road Project for the City of Friendswood, Texas; and authorizing the City
Manager to make final offer to acquire such land. (GINN)
Seconded by Councilmember Hill. The motion was approved 5-0.
**Councilmember Hill moved to approve Resolution R2008-59 - 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 improvements as part of the EI
Dorado/Friendswood Link Road Project for the City of Friendswood, Texas; and authorizing the City
Manager to make final offer to acquire such land. (HERNANDEZ)
Seconded by Councilmember Holbert. The motion was approved 5-0.
07/07/2008 2955
**Councilmember Rivera moved to approve Resolution R2008-60 - a Resolution of the City of
Friendswood, Texas, Galveston/Harris Counties, endorsing the reappointment of (5) five members and
(2) two appointments of new members to a thirteen member board to the Galveston County United Board
of Health.
Seconded by Councilmember Hill. The motion was approved 5-0.
ORDINANCES
**Councilmember Rivera moved to approve the first reading of Ordinance No. T2008-09, an Ordinance
amending the Code of Ordinances of the City of Friendswood, Texas, Appendix B "Subdivisions", and
being an ordinance providing rules and regulations governing plats and the subdivision of land, by
deleting the current Subsection II I (b)(1)(i) and adopting a new Subsection III (b)(1)(i) to provide new
regulations pertaining to connections to "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 5-0.
**Councilmember Rivera moved to approve the first reading of Ordinance No. T2008-16, an Ordinance
amending Appendix C of the Friendswood City Code, said Appendix C being Ordinance No. 84-15, as
amended, originally adopted the 19th Day of November, 1984, and being the Zoning Ordinance of the
City, by deleting the current Permitted Use Table contained in Section 7-P and by adopting a new
Permitted Use Table; providing other matters relating to the subject; providing a penalty of an amount not
to exceed $2,000 for each day of violation of any provision hereof; and providing for severability.
Seconded by Councilmember Hill. The motion was approved 5-0.
**Councilmember Holbert moved to approve the first reading of Ordinance No. T2008-17, an Ordinance
amending Appendix A of the Code of Ordinances of the City of Friendswood, Texas, being the City's Sign
Ordinance, by amending Section 1 thereof by adding a new definition for"changeable electronic variable
message sign (CEVMS)"; and by amending Section 9, entitled "prohibited signs," by prohibiting electronic
digital billboards (CEVMS); providing a penalty in an amount of $2,000 for violation of any provision
hereof; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; and providing
for severability.
Seconded by Councilmember Hill. The motion was approved 5-0.
Mayor Smith excused himself for Conflict of Interest on the next item and left the Council Chambers at
this time and Mayor Pro-Tem Rivera continued the meeting.
**Councilmember Hill moved to approve the second and final reading of Ordinance No. T2008-18, an
Ordinance amending Appendix C of the Code of Ordinances of the City of Friendswood, Texas, said
Appendix C being the Zoning Ordinance of the City, by changing the zoning classification located at 1301
W. Parkwood (Lot 1, Block 2, Laurence Cline Subdivision, Friendswood, Galveston County, Texas), from
Business Park (BP) to Planned Unit Development District (PUD); providing for the granting of a Specific
Use Permit to authorize the use of property within said PUD for a veterinary clinic; providing for the
amendment of the Official Zoning Map; imposing certain conditions; 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 Holbert. The motion was approved 4-0 with Mayor Smith abstaining.
Mayor Smith returned to the Council Chambers at this time.
**Councilmember Rivera moved to approve the second and final reading of Ordinance No. T2008-19, an
Ordinance amending Article III of Chapter 70 — "streets, sidewalks, and other public places" and
amending Appendix B "subdivisions" by amending certain provisions pertaining to sidewalks; 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 5-0.
07/07/2008 2956
**Councilmember Rivera moved to approve the first reading of Ordinance No. T2008-23, an Ordinance of
the City of Friendswood, Texas, establishing a curfew for persons under the age of 17 years between the
hours of 12:01 A.M. and 5:00 A.M. on any day of the week and between the hours of 9:00 A.M. and 2:30
P.M. for school-aged children on school days; providing it is unlawful for any person subject to a curfew
hereunder to remain in any public place or on the premises of any establishment within the City of
Friendswood during curfew hours; providing it is unlawful for any parent or guardian of a person subject to
a curfew hereunder to knowingly permit or by insufficient control, allow such person to remain in any
public place or on the premises of any establishment within the city during curfew hours; providing it is
unlawful for any person owning, operating, or in the employment of any establishment within the city to
knowingly allow a person subject to the curfew hereunder to remain on the premises of such
establishment during curfew hours; providing defenses to prosecution for violations hereunder; providing
an effective date; providing a penalty of an amount not to exceed $500.00 for each day of violation of any
provision hereof; making certain findings; repealing Ordinance No. 2005-18, passed and approved the
25th Day of July, 2005, and all other ordinances or parts of ordinances inconsistent or in conflict herewith;
and providing for severability.
Seconded by Councilmember Holbert. The motion was approved 5-0.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Rivera commended everyone that participated in the Fourth of July events and stated
Community Services Director James Toney and the Fourth of July Steering Committee deserve a pat on
the back, this Fourth of July has been the best one yet.
Councilmember Holbert reported that the entire day of Fourth of July events were outstanding, it was very
well orchestrated and commended City Staff and stated this was over the top and everyone did a very
good job.
Councilmember Hill reported he has attended many celebrations, this has been the best one yet with The
Gathering at the park, great food and great attendance and stated the Fourth of July Steering Committee
are very hard workers.
Councilmember Barr reported on the great job that was done on the Fourth of July, thanked Staff and the
Fourth of July Steering Committee, stated the entire day was a success and an example to other
communities.
Mayor Smith stated he agreed with everyone on the Fourth of July events, there was great teamwork by
Staff and a Committee that rose to the occasion, stated he would like to pass on to the committee what a
fantastic job was done, recognized the Police Department and the Fire Department for a great job, there
was a great audience with all that was planned and held, this was an outstanding celebration.
Interim City Manager Roger Roecker recognized the Public Works Department and Parks and Recreation
Department workers for their participation in the Fourth of July events, also thanked Fire Marshal Terry
Byrd for the enforcement of fireworks.
Councilmember Rivera thanked citizens and neighboring citizens that turned out to enjoy the Fourth of
July celebration.
Councilmember Hill stated the citizens are to be commended, there was hardly any litter anywhere and
the crowd was great.
Interim City Manager Roger Roecker recognized Les McMahen and his last day with the City, Mr.
McMahen was with the City on a contract basis and did a good job with the City as Director of Community
Development.
07/07/2008 2957
,__.
CONSENT AGENDA
**Councilmember Rivera moved to approve the Consent Agenda as presented A. Approve an upgrade to
the Greater Harris County 9-1-1 Emergency Network Neighborhood Early Warning system and authorize
the Mayor to execute the document. B. Accept May 2008 Property Tax Report. C. Approve Minutes of
June 2 and June 10, 2008 Meetings.
Seconded by Councilmember Hill. The motion was approved 5-0.
A motion was made and approved to adjourn at 8:08 PM.
Mayor vid J.N. Smith
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