HomeMy WebLinkAboutCC Minutes 2009-03-23 Special 03/23/2009 3086
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STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
MARCH 23, 2009 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, MARCH 23, 2009, 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 MICHAEL BARKER
COUNCILMEMBER JIM BARR
COUNCILMEMBER JIM HILL
COUNCILMEMBER LESLIE REID (arrived at 6:50 PM)
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
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A discussion was held with Griffin Integrated Marketing regarding a proposal to provide consulting
services for educational materials related to the May Bond Referendum and the City's plans to issue debt
for capital projects. Deanna Wilke with Griffin Integrated Marketing presented the scope of services to
Council and was available to answer any questions that Council had. The proposal included an itemized
"menu" of possible services that will assist in the education component of the bond election. Council has
the opportunity to enter into a contract for any or all of the options, there is an action item on tonight's
agenda to approve the proposal should Council wish to do so. If Council elects to enter into an
agreement with Griffin integrated Marketing, additional funding may need to be appropriated depending
on the extent of the services and associated cost. The proposal will require collaboration between Griffin
Integrated Marketing's office and the City Staff, especially where the electronic media is concerned. Staff
is prepared to assist Griffin's office as per the outline of the proposal. Griffin has been putting final
touches on the proposal and the proposal is going to be emailed to the Mayor and Council as soon as the
City receives a final copy from Griffin's office.
Mayor Smith stated and stressed that the information provided to the public must be educational only,
everyone should watch their English and pay attention to how information is presented, presentations to
the public must be strictly objective and educational only, if Council independently gives personal opinion
then they can do that.
Councilmember Barr stated that rather than do a door hanger or consider doing a direct piece mailing to
residents and suggested a town hall meeting to get the public informed.
Councilmember Barker stated he is looking for how to get the facts and explained what the difference is
between a General Obligation (GO) and a Certificate of Obligation (CO).
,�, Councilmember Hill agrees with Councilmember Barr that mail outs would be more efficient, believes the
17,000 households is not correct, could have possibly picked up Heritage Park, would also like detailed
information and the tax increase to households.
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Councilmember Rivera wants to keep as simple as possible because of other projects and timing, would
not want to do a slide show but likes placing information in the newsietter and sending out informational
flyers, would want to keep under the cost of$10,000.
Mayor Smith suggested a Council committee of three to work on this project with the Griffin Marketing
Representatives.
Councilmember Rivera stated he would like to keep this as simple as possible, to be able to use for
presentations to different organizations in the City.
Mayor Smith stated the Homeowner's Association (HOA) would be a good venue for getting this
information out to the public.
Councilmember Holbert stated in keeping with the transparency would like limiting the direct mail to every
household in Friendswood, explained the five year plan and stated this is an opportunity to educate as to
what is out there on the ballot on the General Obligation (GO) side, different organizations can work to
promote this independently and use it as a informational source.
Mayor Smith presented a flyer that FISD used to say what the dollar relates to and pulled together what
Council has addressed during this meeting, asked Council if they want to delegate authority to three
Councilmembers, is looking at a maximum of approximately $20,000 and could look at not exceeding that
amount.
Councilmember Barker suggested putting out a budget and work within it to make it work. Discussed the
cost and what the cost would be for direct mail piece with the ball park figure of approximately $5,000, '��°
has concern with Homeowners Associations (HOA's) and door hanger's, would like to know if Griffin
Marketing is clear with what Council is wanting to do and does Council need to do a better job conferring
what the desire of Council is which would be the benefit of having a three member committee. The bulk
rate cost for direct mail outs and the cost for door hangers are virtually the same, also liked the idea of
having a Council committee work on this project and the next focus would be to have the information in
the Newsletter ready to be mailed next week, suggested inserting a flyer in The Focus, suggested putting
in the newsletter and doing mail outs, does not want a PowerPoint, tonight's goal is to establish a budget
with a range of $12,000 to $14,000, put a cap on the project up to $15,000, stated Staff can do certain
parts of this in-house, could also put a feed-back on the web site to measure value of education effort.
The discussion regarding potential projects list seeking Federal Stimulus dollars was postponed until the
next meeting.
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 (Interim City Manager Performance Review).
Council convened into Regular Session at 7:00 pm with action taken later in the meeting.
RECONVENE INTO OPEN SESSION
7:00 PM—REGULAR SESSION ..�.
The invocation was given by Pastor Robert Waring with Episcopal Church.
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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 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
Section 20, Definitions., P. Home occupation.
Bill Finger, Friendswood resident, spoke in opposition to the proposed change, he stated there were
safety concerns, there will be additional traffic that will add additional cost to the City with more police
patrol needed to control the traffic and monitor the number of people working in homes, there will be a
property value impact, urged Council to leave as is currently written, de-facto rezoning process, rezoning
all residential properties to allow commercial, read the Joint Public Hearing (JPH) article in the newspaper
and considers this proposal highly unethical to propose this type of rezoning.
Frank Ortiz, Friendswood resident for 39 years, spoke in opposition to the proposed change, stated he
has a neighbor that operates his construction business out of his residence and is concerned with traffic
and safety issues, there are no sidewalks in this area and this change will make it harder for Homeowners
Associations (HOA's) to enforce deed restrictions and asked Council to do what is right for Friendswood
and reject this proposal.
Bobbie Jones, Friendswood resident, spoke in opposition to the proposed change and asked Council to
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think this through very seriously, stated there would be traffic concerns for emergency vehicles, it is
dangerous and it is not right, it is a long process to try to address issues regarding home occupation.
Deidra Brown, Friendswood resident, spoke in opposition on the proposed change and spoke on the
process, stated she understands this proposed change is because of one person bringing this to the
City's attention, this has not been thought out, there are a lot of issues that are not addressed, asked
Council for Community Economic Development Committee (CEDC) recommendation contrary to what
CEDC is promoting about developing commercial, is opposed to this change and hopes Council will
reject.
Jean Bilderback, Senior Citizen Advisory Chair asked for those who are in opposition to be recognized.
Mayor Smith stated that is not how the process works, those that oppose have the opportunity to speak.
Bobbie Jones, Friendswood resident, is in opposition on the proposed change, opposes vehemently, and
offered her apology to the Planning and Zoning Commission.
Two letters were received for the record in opposition of the proposed change.
No one spoke in favor of the amendments to Section 20.
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 called a Joint Docketed Public
Hearing to order, to receive comments from the public, either oral or written, regarding amending the
,,.,_,, Design Criteria Manual, Appendix C-Parking Group Table.
No one spoke for or against the Design Criteria Manual.
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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 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
Section 11, The Board of Adjustment-Powers and duties, to add exceptions for the Zoning Board of
Adjustment to grant variances.
Robert Waring, Friendswood resident, addressed Council and asked for clarifications as to what
exceptions are being added.
Mayor Smith provided an overview of the Zoning Board of Adjustment(ZBOA) authority.
Bill Finger, Friendswood resident, asked if the variances consistent with state law and the City Attorney
answered yes.
Councilmember Holbert stated there is an example of variance and will just need to use common sense
judgments.
Bill Finger stated he is concerned with expanding authority of ZBOA.
Faye Roberson, Friendswood resident, is in opposition of the proposed change and stated the
Homeowners Association (HOA) has spent a considerable amount of money on home occupation.
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Hearing no further comments Planning and Zoning Chairman Holland closed this Joint Docketed Public
Hearing.
Council left the Joint Docketed Public Hearing open.
Robert Waring addressed Council and asked Mayor to explain the process of a Public Hearing.
Mayor stated that this will go back to Planning and Zoning to make a formal recommendation and could
be acted on tonight for first the reading of an ordinance.
Deidra Brown addressed Council and asked for clarification and stated Planning and Zoning (P&Z)
minutes reflect that P&Z has already voted, Staff provided clarification that this is the preliminary moving
forward for a Joint Public Hearing (JPH) and then a formal recommendation would be made by P&Z to
Council.
Vera Smart, Friendswood resident, addressed Council and presented a petition signed by approximately
181 residents regarding a proposed commercial at FM 518 and Mary Ann, is concerned with adverse
impact of a business driveway on Mary Ann Street for the Koothan Subdivision and concerned with the
increased traffic.
Mayor Smith asked if this is a platting or a zoning process and Staff advised that it is at the platting level
at this time and that no formal zoning application has been made and Mayor Smith stated platting is
handled at the P&Z level.
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COMMUNICATIONS FROM THE PUBLIC .
Deidra Brown, Friendswood resident, addressed Council and stated she does not believe that City funds
should be spent on education materials for the May Bond Election, believes City Staff has capabilities of
providing the necessary education, gave a round of applause to the Community Appearance Board (CAB)
for proactively requesting signage, offered to contribute $698.00 dollars to replace the missing Welcome
to Friendswood sign and asked Council to have more diversity on appointments for committees.
Kenneth Gatton, Friendswood resident who lives on Clear Creek, addressed Council and spoke on
buyout request and stated he has spoken to a number of representatives from the County, State and
Federal and the property would be an asset to the City
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
An annual report was given from the Community Appearance Board (CAB) Chair Sherry Goen. CAB
Board Members were introduced and reported on activities, many projects, Stevenson Park focal point,
seasonal planting and irrigation, hosting the first Santa in the Park, purchasing Christmas lighting for the
City buildings, medians, banners and pole lighting, Spring Sparkle, tree give-a-way, Eagle Scout project
at Activity Building, addressed new projects, re-visiting recycling, continuing to seek grant funding, and
budgetary concerns to continue to keep projects. Thanked Council for their support.
Council thanked CAB for their many hours and hard work in keeping this City beautiful.
CITY MANAGER'S REPORT
^ Interim City Manager Roger Roecker had no report.
ACTION ITEMS
**Councilmember Holbert moved to approve the annual Performance Evaluation of the Interim City
Manager with a 3.5 °/a increase.
Seconded by Councilmember Rivera. The motion was approved unanimously.
'`*Councilmember Rivera moved to approve the disposition of Bid No. 2009-04 for the re-bid of the
Deepwood Force Main Replacement Project and award to Janco Directional Drilling, Inc., and authorize
the Mayor to execute the contract.
Seconded by Councilmember Hill. The motion was approved unanimously.
""Councilmember Rivera moved to approve a License and Lease Agreement with Friendswood
Independent School District for acreage within Centennial Park adjacent to the new Junior High site to
accommodate the school district's planned running track, detention pond, other improvements and for
acreage adjacent to the existing Senior High site to accommodate parking lot and ball field expansions
and authorizing the Mayor to execute the agreement.
Seconded by Councilmember Hill. The motion was approved unanimously.
**Councilmember Holbert moved to approve a proposal from Griffin Integrated Marketing for preparation
of educational materials related to the May Bond Referendum and authorizing the Mayor to execute the
proposal.
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''**Motion made by Councilmember Hotbert for appropriate funds not to exceed $15,000 and appointing a
three member Council Committee of Councilmember Barr, Barker and Holbert to work with Griffin
Marketing with Staff participation to provide transparent educational only materials for the Bond Election
and five year plan projects.
Seconded by Councilmember Barr. The motion was approved unanimously.
**Councilmember Barr moved to approve a proposal from Daniel Scott Engineering for the waterline
extension to property located near FM 528 and Mandale Road, authorizing the Mayor to execute the
proposal and appropriating the funds for this project.
Seconded by Councilmember Rivera. The motion was approved unanimously.
RESOLUTIONS
""Councilmember Barker moved to approve Resolution R2009-14-a Resolution of the City Council of the
City of Friendswood, Texas, designating the Mayor as the City's representative in seeking eligible grant
funds under the Federal Victims Of Crime Act (VOCA) Fund Supplemental Award for fiscal year 2009;
and authorizing the submission of such grant application to the Criminai Justice Division of the Office of
Governor.
Seconded by Councilmember Reid. The motion was approved unanimously.
*''Councilmember Rivera moved to approve Resolution R2009-15 - a Resolution of the City Council of the
City of Friendswood, Texas, amending Resolution R2009-10 providing for the holding of a General
Election on May 9, 2009, for the purpose of electing a Mayor and two (2) Councilmembers (Position Nos.
1 and 3) by correcting the stated timeline for filing for office; designating the polling places and appointing
election officials for such election; providing the form of the ballots at such election; directing the giving of
notice of such election; and containing other provisions relating to the subject and appointing Eileen Mehnert '�""
as Central Counting Judge.
Seconded by Councilmember Reid. The motion was approved unanimously.
No motion was taken to approve Resolution R2009-16 - a Resolution approving and adopting
updates/amendments to the "Design Criteria Manual" for the City of Friendswood, Texas; approving the
standards contained therein for the design, construction and installation of public infrastructure and
re�ated facilities and improvements within the City; and repealing all prior Design Criteria Manuals and
repealing other resolutions or parts of resolutions inconsistent on or conflict herewith. (Parking Group
Table)
No recommendation was given from Planning and Zoning.
ORDINANCES
**Councilmember Reid moved to approve the Second and final reading of Ordinance T2009-02 - An
Ordinance amending the Code Of Ordinances of the City of Friendswood, Texas, by amending Sections
14-253 and 14-254 of Chapter 14, Article IV "Plumbing Code" to adopt standards for the installation of
irrigation systems; providing for the issuance of permits; providing that permits for connections to the
potable water source, water meter and the installation of backflow prevention devices on irrigation
systems shall be issued only to qualified persons licensed by the State of Texas; and establishing a
penalty of an amount not to exceed $500.00 for violation of any provision hereof; and providing for
severability.
Seconded by Councilmember Rivera. The motion was approved unanimously.
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**Councilmember Rivera moved to approve the First reading of Ordinance T2009-03 - An Ordinance of
the City of Friendswood amending the City Code by adopting a new Section 86-30 "Water Conservation
Plan" which adopts a Water Conservation Plan for the City of Friendswood to promote responsible use of
water; providing a severability clause; providing a penalty for each day of violation of any provision
hereof; providing for the disconnection of w,ater service for noncompliance with the provision of Water
Conservation Plan; and providing an effective date.
Seconded by Councilmember Hill. The motion was approved unanimously.
No motion was taken on Ordinance T2009-04 -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 11, Subsection (C) by granting authority to the Zoning Board of Adjustment to grant
temporary and permanent special exception§ to the Zoning Ordinance in certain instances; providing a
penalty of an amount not to exceed $2,000 for each daX of violation of any provision hereof; and providing
for severability.
No recommendation was given by Planning an� Zoning.
No motion was taken on Ordinance T2009-05 -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 20, "Definitions," Subsection (P) "home occupation" by amending the definition of
"home occupation"; providing a penalty of an amount not to exceed $2,000 for each day of violation of
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any provision hereof; and providing for severability.
No recommendation was given from Planning and Zoning.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Barker, Hill, Reid, Holbert, and Rivera had no report.
Councilmember Barr reported on the Spring Sparkle and Community Appearance Board.
Mayor Smith thanked the City of League City for hosting the Galveston County Mayor and Council
(GCM&C) Meeting last week, gave a preview of the Museum.
CONSENT AGENDA
**Councilmember Rivera moved to approve the Consent Agenda as presented with the exception of
Item A. Authorize final acceptance of paving and utility improvements in association with West
Ranch, Stonecreek Section 1, releasing the contractor from the two-year maintenance period. B.
Authorize final acceptance of paving and utility improvements in association with West Ranch Estates,
releasing the contractor from the two-year maintenance period. C. Accept February 2009 Property Tax
Report. D. Approve Minutes of February 23 and March 02, 2009, Meetings.
Seconded by Councilmember Hill. The motion was approved unanimously.
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A motion was made and approved to adjourn at 9:18 PM.
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Attest:
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D loris McKenzie, TR v �
Ci y Secretary * *
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