HomeMy WebLinkAboutCC Minutes 2008-11-17 Special 11/17/2008 3033
�.
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
NOVEMBER 17, 2008 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, NOVEMBER 17, 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(arrived at 6:22 PM)
COUNCILMEMBER MICHAEL BARKER
COUNCILMEMBER JIM BARR
COUNCILMEMBER JIM HILL
COUNCILMEMBER LESLIE REID
COUNCILMEMBER BILL HOLBERT
CITY ATTORNEY BOBBY GERVAIS
ACTING CITY MANAGER ROGER ROECKER
CITY SECRETARY DELORIS MCKENZIE
Mayor Smith called the meeting to order.
SPECIAL SESSION
" A discussion was held with the Charter Ad Hoc Advisory Committee regarding a Charter amendment
related to the City Manager's residency requirements. Mayor Smith welcomed the Advisory Committee
Members and recaptured the discussion that Council had previously held. Councilmember Hill stated he
contacted surrounding communities and except for the City of League City, other cities handle the issue
of the City Manager residency just like most City employees and left it up to the discretion of the Council,
stated this could save the City a lot of money, there may be some local talent that is available in the
surrounding area, if this had been in place when the last City Manager was employed then there may
have been a difference in the cost to relocate the City Manager to Friendswood.
Leola Hill-Hancock, Charter Ad Hoc Advisory Committee member asked Council if a plus or minus chart
was done to compare the pro's and con's of the City Managers residency requirements.
Mayor Smith stated a little bit was done informally at the last meeting and the original Charter verbiage
was that the City Manager must live in the City limits. The original thought was that if the City Manager
lived in the City limits then this would have the same costs as administering and may be a cost savings to
the City while attracting local talent
Don Seyfert, Charter Ad Hoc Advisory Committee member stated hiring an executive may have a greater
degree of responsibility, a much higher degree of duty than an employee.
The City Attorney stated he did not know of anything that holds the City Manager to a Chief Executive
Officer(CEO) level of responsibility of duty.
Mayor Smith stated the City Manger is one of the few people that is directly hired or fired by Council and
that Council may have a greater degree of responsibility in oversight.
,......
11/17/2008 3034
..�.
Don Seyfert stated if that was the case then the City may want to look at the bond rate for the City
Manager, which is currently at $10,000 and would believe is an antiquated number, it would be Council's
duty to hold the City Manager to that levei of responsibility.
Larry Seelig, Charter Ad Hoc Advisory Committee member stated if Council hired a City Manager from
out of State possibly San Francisco then what kind of expenses would the City have to pay?
Mayor Smith stated every situation is looked at differently and probably looking at allocating funding to
cover cost for a City Manager to move to Friendswood, cost would depend on where the move is from,
typically employer would pay for these fees to attract at this level.
Larry Seelig stated if the City Manager does not live locally then could they have a conflict being a City
Manager in Friendswood.
Mayor Smith stated he does not think so, the person could run for office in their hometown and that could
be a conflict, but does not think so.
Larry Seelig stated it may be an issue depending where the person lives and has thought about just
leaving this open and just remove the residency requirements from the Charter.
Mayor Smith stated that Council was not thinking about removing residency, just thought about clarifying
it for future Council members.
Mike Sharp, Charter Ad Hoc Advisory Committee member stated if Council is going to go to the trouble of
changing the Charter the he would think to make it as broad as possible, leave the discretion to the
Council and remove from the Charter. """'
Councilmember Hill stated there are many considerations when hiring a City Manager with a lot of
decisions and residency is just one of those factors.
Mike Sharp stated he thinks the current wording is too restrictive and should leave it with Council, has
talked to local's from the local donut shop which are a conservative group and this group thinks the City
Manager will need to be a member or an active member of this community, it is important to get it out
there for public discussion.
Councilmember Rivera stated as a former Human Resource person he would prefer no language in
Charter, but have language regarding residency in the hiring documents, agrees with Mike Sharp to have
flexibility to avoid and save dollars for the tax payers.
Councilmember Barr stated that this coffee group brings the same thoughts as his wife and thinks the City
Manager should live in the City if making decisions for the City, look at the person that will do the best job,
if do not change then this will take the pool of candidates down and thinks it is a case of educating the
public and would not want someone from a long distance for the City, likes the idea of removing the
language in the Charter and allowing the decision to be made in the hiring process.
Mike Sharp stated he thinks this will broaden the pool.
Robin Hall, Charter Ad Hoc Advisory Committee member stated she thinks the public would want an
active member of the community, should strike the language and put in a hiring document, it may be
another 15 years before having to hire another City Manager, agrees with removing the language.
....
11/17/2008 3035
�
Mayor Smith stated that making them live in the City does not make them an active member of
community.
Councilmember Reid stated that when the original Charter language was done the communication was
completely different, now everyone has lots of inethods of communication tools and the City Manager
does not necessarily need to live in the City.
Mayor Smith stated Council is considering making a change.
The City Attorney stated the Charter is a constitution of the City and does not think it needs to be in detail,
it takes an election to change the Charter and thinks it should have broad language, from Council to
Council they may want to review the Charter annually with rules of procedures, Council is the ultimate
authority or Council may want to remove it.
Mayor Smith stated he was thinking about ballot wording, may have the language to be removed and
have it at the discretion of Council.
Mike Sharp stated that it may be a problem with having the language at the discretion of Council, would
need to sell it to the public and clarifying the ballot language.
Leola Hill-Hancock stated that at the Charter open meeting only five citizens attended and two were from
Council, would like to somehow to get the word out and help everyone understand what this change
means.
Don Seyfert stated if the wording could be on the ballot and it is consistent with the surrounding areas
'"'�' then he does not think it would be a negative thing.
Councilmember Rivera stated he thinks the key word is flexibility, to allow the Council the greater
flexibility.
Robin Hall stated get the word out to the groups, there is a small amount of voters and the groups will
know how to reach those voters.
Mike Sharp stated if Council is just dealing with one item on the Charter then it will be able to be easier to
convince the voters.
Councilmember Barker stated he likes conforming to the surrounding cities.
Larry Seelig stated he does not like the word of conforming.
Don Seyfert stated he likes the word flexibility, to compete with other cities to get the most qualified
candidate.
Mayor Smith asked if the ballot will allow for clarifying language with the City Secretary advising it does
not and stated clarifying language is in the Resolution calling the election, which is published in the
newspaper.
Mayor Smith stated he thinks by removing this language this could really open up the possibilities with
removing this language with a greater flexibility and probably will find ok candidate outside of the City.
Council thanked the Charter Ad Hoc Advisory Committee for their help and in return the committee
� thanked Council for the opportunity to participate.
11/17/2008 3036
�
A discussion was heid regarding amendments to the Neighborhood Empowerment Zone No. 1 and
creation of Neighborhood Empowerment Zone No. 2. Economic Development Coordinator Karen Capps
presented an overview and history of the different zones on considering to waive fees and if so, apply to
what areas and when does it apply, applications to the smaller existing tracts of land, everyone in the
downtown district non-conforming fees are waived, the expanded zone, any existing building that wants to
re-build greater than 50%, either opt into the downtown district or add the amenities of the downtown
district and then fees will be waived, expanding or creating a NEZ No. 2 all the way to Coward's Creek as
downtown district, is a opt in, need property owners to opt in or rezone to downtown district, do sidewalk
and facade and the fees would be waived, Council asked for clarification, could build and not opt in and
not receive waiving of fees, envision that this entire area would all be one zone if property is adjacent to
each other, could extend outside of the district area, asking for consensus from Council, need clear
language on considering waiving zoning fee's and consensus from Council is a yes.
A discussion was held regarding the City's potential participation in a Hazard Mitigation Buyout Program.
Frank Manigold, Deputy Director of Community Development/Planning and Building Regulations,
presented information due to Hurricane Ike and stated a couple of residents have requested the City
consider participation in the buyout program, a community has to apply on citizens behalf, must have a
current Hazard Mitigation Plan in place, must have documentation that buyout will solve an existing
problem, State prioritizes program and the State will do a cost analysis to see most cost effective
application of interest must be in by January, 09, 2009, ten pieces of property have been identified as
eligible.
Council consensus is to bring information back for consideration for review of options and identify if other
properties are to be considered.
A discussion was held with the Planning and Zoning Commission regarding amendments to the Zoning "'""
Ordinance for Home Occupations. A joint discussion was held with Morad Kabiri, Director of Community
Development, presenting information on Home Occupations and stated no extra traffic would be
generated than what you would expect normally in a Single Family Residence. This matter was brought
to Planning and Zoning Commission by Staff at the last meeting and voted to add this provision, this was
complaint driven and could use language to add reasonable amount of traffic, employed other than a
family member.
Council stated they would allow as long as it does not impact the neighborhood, use Code Enforcement
to retaliate neighbor against neighbor, would like for Planning and Zoning Commission to look at the
entire language and if needs changing then bring it back as one change, would prefer to work with those
that this would impact economically. The Planning and Zoning Commission will work on this and bring
back to Council.
7:00 PM—REGULAR SESSION
The invocation was given by Pastor Joe Schwenk with Baybrook Baptist 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 Holland called a Joint Docketed Public
Hearing in order, to receive comments from the public, either oral or written, regarding AMENDMENT OF
IMPACT FEES—The purpose of this hearing is to consider the amendment of land use assumptions and
a capital improvements plan and the imposition of an impact fee.
�
11/17/2008 3037
�
No one spoke for or against the Amendment of Impact Fees.
Hearing no further comments, Mayor Smith and Planning and Zoning Chairman Holland closed this Joint
Docketed Public Hearing.
Mayor Smith and Planning and Zoning Commission Chairman Holland did not open a Joint Docketed
Public Hearing regarding Amending Appendix C, Zoning Ordinance of the City of Friendswood Code of
Ordinances, regarding amendments to Section 20, Definitions., P. Home occupation., proposed
amendment to add a stipulation that a home occupation cannot create more traffic than what would be
normal for a residential street.
Mayor Smith and Planning and Zoning Commission Chairman Holland called a Joint Docketed Public
Hearing in order, to receive comments from the public, either oral or written, regarding Zone Classification
change for a tract of land containing 12.260 acres in the A.H. Jackson Survey, A-128, property located at
1700 W. Parkwood, near Friendswood Lakes Boulevard, Galveston County, TX, from Single Family
Residential (SFR) to Single Family Residential, Specific Use Permit-Event Center (SFR-SUP-Event
Center).
No one spoke for or against the Zone Classification.
Hearing no further comments Planning and Zoning Chairman Holland closed this Joint Docketed Public
Hearing.
Council kept the Joint Docketed Public Hearing open.
� COMMUNICATIONS FROM THE PUBLIC
Robin Hall, Friendswood resident, addressed Council and stated she had a home occupation that was
impacted by the zoning regulations regarding home occupation, was served with a violation by code
enforcement, has a computer based business at home, moved business office to house and is a service
based business, employs a secretary and a neighbor contacted code enforcement, was given 10 days to
find an office space, does not think there is an impact to the subdivision and asked Council to please look
at all ramifications of the ordinance.
Mr. Ken Gatlin, Friendswood resident addressed Council and asked to look closely at the buyout
program, stated his home is located in a floodway, the home has flooded previously and would like
Council to think about a buyout program for his home.
Mr. Eric Redman, Friendswood resident who recently completed Jacobs Landing Subdivision, addressed
Council and stated the development is a long process, gets tedious, but those Staff members he dealt
with were very professional, has a good project that is solid and is something to be proud of and thanked
the City.
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
Ms. Evelyn Newman presented an annual report from the Friendswood Historical Society and introduced
members of the Board and recognized those that were present at the meeting, a report was given on
activities and also on damage from Hurricane Ike, stated she is proud of all that the City did during
Hurricane Ike, loves this City and the City employees, Friendswood Historical Society has been so busy
this year with the FIG festival, with the 800 kids that toured the Museum, the Christmas tour and with the
„_ 42"d annual tree lighting ceremony, thanked Council for extending the Heritage of Friendswood.
11/17/2008 3038
...,
*'`Councilmember Rivera moved to approve renewing a contract with Friendswood Historical Society for
the maintenance and preservation of historical sites in the City.
Seconded by Councilmember Hill. The motion was approved unanimously.
CONSENT AGENDA
**Councilmember Rivera moved to approve item C of the Consent Agenda for approval of maintenance of
Jacobs Landing Subdivision.
Seconded by Councilmember Barker. The motion was approved unanimously.
CITY MANAGER'S REPORT
The City Manager gave a report on the Fall HauI-A-Day and stated this year's Fall HauI-A-Day was
another successful City wide clean-up event. On Saturday, November 8, 2008, 520 cars dropped off their
unwanted items at Centennial Park. Volunteers and the City's solid waste contractor, IESI, were on hand
and organized to accept all kinds of items. Those who took advantage of dropping off their non-
hazardous items were informed about the City's household hazardous waste agreement with the City of
Pearland. Approximately 150 compacted yards and 270 loose yards of waste were collected. In addition,
90 yards of green waste and seven tons of inetal boxes were collected, making this one of the largest
clean-up events in Friendswood's history. The Community Appearance Board (CAB) did an incredible job
in organizing and executing the event and the City are already looking fonNard to "Spring Sparkle", which
is just around the corner. A big thank you and congratulations went to the Community Appearance
Board, the Community Services Department, and IESI on a job well done.
ACTION ITEMS
....
**Councilmember Reid moved to approve the purchase of a new 2008 Ford Crown Victoria for the Fire
Marshal's Office.
Seconded by Councilmember Rivera. The motion was approved unanimously.
**Councilmember Hill moved to approve authorizing the Mayor to execute a contract with Costello
Engineering, Inc., for professional services associated with the Downtown Drainage Project.
Seconded by Councilmember Barker. The motion was approved unanimously.
**Councilmember Reid moved to approve authorizing the designation of the Planning and Zoning
Commission as the Advisory Committee for the City's Storm Water Management Plan.
Seconded by Councilmember Rivera. The motion was approved unanimously.
RESOLUTIONS
""Councilmember Reid moved to approve Resolution R2008-86 -a Resolution of the City of Friendswood
awarding Bid No. 2008-10 and designating the official City newspaper to the Reporter News in the
amount of amount of$.40 line, 8 pt and $2.80 column inch.
Seconded by Councilmember Barr. The motion was approved unanimously.
««�,
11/17/2008 3039
'`''Councilmember Rivera moved to approve Resolution R2008-87 - a Resolution of the City of
Friendswood adopting amendments to the Capital Improvements Plan and the Land Use Assumptions
approved, and the Impact Fees imposed by Resolution No. R90-22, passed and approved the 4th day of
June, 1990, as amended by Resolution No. R91-4, passed and approved the 7th day of January, 1991; as
further amended by Resolution No. R93-24, passed and approved the 17'h day of May, 1993; as further
amended by Resolution No. R97-48, passed and approved the 15'h day of December, 1997; amended by
Resolution No. R2000-40, passed and approved the 7th day of August, 2000; as further amended by
Resolution No. R2003-47, passed and approved the 17th day of November, 2003.
Seconded by Councilmember Hill. The motion was approved unanimously.
**Councilmember Rivera moved to approve Resolution R200-88 -a Resolution of the City of Friendswood
authorizing the Mayor to execute and the City Secretary to attest, respectively, an "Agreement for State to
Install Operate, and Maintain Individual Signals in City under 50,000" with the State of Texas-Texas
Department of Transportation for the installation of the flashing beacon traffic signal on FM 528 at
Whitaker; amending Resolution No. R2007-27, passed and approved the 10th day of September, 2007,
and Resolution No. R2008-03, passed and approved the 14'h day of January, 2008.
Seconded by Councilmember Reid. The motion was approved unanimously.
"*Councilmember Reid moved to approve Resolution R2008-89 - a Resolution of the City of Friendswood
approving the City's Public Funds Management and Investment Policy.
Seconded by Councilmember Holbert. The motion was approved unanimously.
**Councilmember Holbert moved to approve Resolution R2008-90 - a Resolution of the City of
Friendswood amending Appendix D of the Friendswood City Code to establish the rates to be charged by
the City for sewer service.
"" Seconded by Councilmember Reid. The motion was approved unanimously.
**Councilmember Rivera moved to approve Resolution R2008-91 - a Resolution of the City of
Friendswood amending Appendix D of the Friendswood City Code to establish the rates to be charged by
the City for water service.
Seconded by Councilmember Barker. The motion was approved unanimously.
ORDINANCES
'`'`Councilmember Rivera moved to approve the Second and final reading of Ordinance No. 2008-39, an
Ordinance of the City of Friendswood adopting a new Future Land Use Map; providing for severability.
(Amended 11/03/08)
Seconded by Councilmember Holbert. The motion was approved unanimously.
"*Councilmember Reid moved to approve the Second and final reading of Ordinance No. 2008-41, 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 providing in the Permitted
Use Table contained in Section 7-P thereof that the use described in Category 7139, entitled "Other
Amusement and Recreation Industries," may be permitted in the Light Industrial ("LI") and Industrial ("I")
Districts; 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 Holbert. The motion was approved unanimously.
11/17/2008 3040
...�
'`'`Councilmember Barr moved to approve the First reading of Ordinance No. 2008-42, 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 changing the zoning classification of a certain
12.260 acre tract located at 1700 W. Parkwood (FM 528) from Single Family Residential (SFR) to Single
Family Residential- Specific Use Permit (SFR-SUP), such tract located in the City of Friendswood,
Galveston County, 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 Hill. The motion was approved unanimously.
Mayor Smith and Councilmember Holbert left the Council Chambers.
*"Councilmember Reid moved to approve the Second and final reading of Ordinance No. 2008-40, 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 changing the classification of
a certain 4.6212-acre tract of land from Single Family Residential (SFR) to Business Park (BP), such tract
being situated at Lot 2 of Block 1, Friendswood Subdivision, according to map or plat thereof recorded in
Volume 254-A page 18 of the map records and transferred to Plat Record 7, Map No. 20, map records of
Galveston County, and within the City limits of the City; providing for amendment of the ordinances or
parts of ordinances inconsistent or in conflict herewith; providing for severability; and providing a penalty
in an amount not to exceed $2,000 for each day of violation of any provision hereof.
Seconded by Councilmember Hill. The motion was approved 5-0.
Mayor Smith and Councilmember Holbert returned to the Council Chambers. "�'"
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Barr reported on the Parks and Recreation Board hosting a Town Hall meeting on the
Parks Master Plan from 7-9 pm tomorrow night and will be held as an open forum.
Councilmember Reid congratulated Friendswood High School's Football Team for their win Friday night
and wished them luck this Friday in the play off games.
CONSENT AGENDA
**Councilmember Rivera moved to approve the Consent Agenda as presented with item C being
approved at the beginning of the meeting. A. Approve ratifying and confirming amendments to the City's
Personnel Policy related to the Emergency Pay Policy. B. Approve ratifying and confirming amendments
to the Council Travel Policy. D. Approve Minutes of October 20 and November 03, 2008 Meetings.
Seconded by Councilmember Barker. The motion was approved unanimously.
...A
11/17/2008 3041
� �
A motion was made and approved to adjourn at 8:00 PM.
;' ���
,-
' �
ayor David' . Smith
Attest:
,
Deloris McKenzie, T C
City Secretary ;,f FR�ENO �
,�� `��'.
� � O
� ^� 'F�
* � ��Y �
�� � ,�
q �
�F OF �^� e«�