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HomeMy WebLinkAboutCC Minutes 2009-04-20 Special 04/20/2009 3103 � STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( APRIL 20, 2009 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, APRIL 20, 2009, AT 5:30 PM AND A REGULAR MEETING AT 7:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR DAVID SMITH MAYOR PRO-TEM ANDY RIVERA COUNCILMEMBER MICHAEL BARKER COUNCILMEMBER JIM HILL COUNCILMEMBER LESLIE REID COUNCILMEMBER JIM BARR 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 heid regarding fueling options for emergency management purposes. Fire Marshal Terry Byrd presented a power point presentation regarding the fueling options for the emergency management purposes and provided historical information from Hurricane Ike. Spoke on the availability and access to fuel options which are 100 gallon transfer tanks for trucks, 300/600 gallon fuel tank/trailer, City owned bobtail fuel tank truck with a 1000/2700 gallon capacity or contract with a dedicated Bobtail tank truck that could be reimbursable by the Federal Emergency Management Agency (FEMA), the City may contract for a Fuel Truck at $6,000 per day for truck and manpower but does not include fuel, has previewed the Public Works fuel tank and ideally would have one at one Fire Station and one at the Public Safety Building. Discussed the safety measures of a fuel tank that meets safety regulations and stated the cost for a fuel tank is approximately ranging from $30,000 up to $100,000 for three locations and discussed fuel truck and fuel tank options. Diesel could not be stored for more than 6 months, it will be used for fueling the generators, equipment and vehicles, the City maintains 35 lift stations and 7 water tanks, also discussed building a stainless steel tank on a skid to be placed in the back of a dump truck for emergency use. The Shell gas station has it's own generator that the City could use for fueling certain equipment with City requesting this site to be priority for re-fueling during an emergency, the City is outfitting four trucks now with 100 gallon transfer tanks and considering conversions to Natural Gas, the application has been made for FEMA funding from Hurricane Ike funds for fueling options, Council concurred that the purchase of a stainless tank may be the option to go with at this time. A discussion was held with the Planning and Zoning Commission regarding amendments to the Zoning Ordinance regarding Home Occupation. Community Development Interim Director Morad Kabiri provided background information regarding the proposed amendments to the Zoning Ordinance regarding Home Occupation. Council and Planning and Zoning Commission members discussed the proposed changes and stated it is hard to enforce, not to change residential qualities of the Subdivision, limit vehicles to 16 trips per day and prohibit blocking driveways and sidewalks which is addressed in the State „_„ Transportation Code. Discussion was held regarding limiting to residents only, most of the Homeowners Association (HOA) Deed Restrictions are more detailed and restrictive than City Ordinances, personal maid service or yard service is allowed, no employees for home business would be allowed. Discussion 04/20/2009 3104 ..� was held on why this discussion was being held and it was mentioned why try to fix something that is not broken, just be sure it is enforceable. Council asked Planning and Zoning to continue to work on this proposed amendment. A discussion was held regarding the amendments to the Code of Ordinances regarding Junked Vehicles. Community Development Interim Director Morad Kabiri provided background information regarding the proposed amendments to the Junk Vehicle Ordinance and stated the fines would have to be looked at, screened, usage changed and possibly reviewed in conjunction with the nuisance ordinance. Council asked Planning and Zoning (P&Z) to review and bring back to Council to look at the wording of definition of junk vehicles. 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 and 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 7:00 PM—REGULAR SESSION The invocation was given by Pastor David Bridges with Friendswood Friends Church. .�. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS Mayor Smith presented a Proclamation for National Crime Victims Rights Week to Sergeant Wise in the Friendswood Police Department. Mayor Smith presented a Proclamation for Administrative Professional's Week to Sharon Parks in the City Secretary's Office. A special presentation of the Five Star Spirit Employee Award for the First Quarter of 2009 was given to Gerardo Aza in the Parks and Maintenance/Community Services Department. A standing ovation was given. PUBLIC HEARING Mayor Smith called a 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. No one spoke for or against the amendments to Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances. Hearing no further comments Mayor Smith closed this Public Hearing. ... 04/20/2009 3105 � Mayor Smith called a 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. Frank Ortiz, Friendswood Resident, reported on a contractor certificate at the address located next door to him and stated the zoning ordinance does not allow for a business. Fred Krch, Friendswood resident, addressed Council and stated a roofing contractor is located off of Deepwood and something should be done about that contractor and others parking their trash trucks with debris along the side of the road. Hearing no further comments Council left this Public Hearing open. COMMUNICATIONS FROM THE PUBLIC Richard Rosencrantz, Friendswood resident, addressed Council and stated there are rusting water mains that he wanted to bring to the attention of Council and has spoken to the Public Works Department many times to come out and take a look at it. Fred Krch, Friendswood resident, addressed Council and stated that the City can use water softeners to clear up the water, has heard the City is going to hire a marketing company to educate the community regarding the Bond issues, the City's residents are highly educated and they do not need to be educated, just give residents the facts and let them make up their own minds. A book on law was offered to Council concerning the law of economics, stated when the Fire Station was built that concrete was used but not a � single bit of fly ash and gave some advantages of fly ash in concrete and the names of users of this process who recommend it. Deidre Brown, Friendswood resident, addressed Council and stated the Bond flyer is an insult to the residents of Friendswood's intelligence, asked why the City can buy property in Alvin in light of the Local Government Code 331.001 statute and asked Council to let residents know why. Bobbie Jones, Friendswood resident, addressed Council and stated she is proud of three Councilmembers who held a meeting with the Homeowner Associations (HOA), it was an extremely brilliant job of giving facts regarding the Bond Election and extends her sincere appreciation to Councilmembers Holbert, Hill and Reid for attending the HOA Meeting. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS An annual report was given by Robin Hall of the Fourth of July Steering Committee on the 114th Annual Fourth of July Celebration, the Grand Marshal will be long time resident Ed Stuart for his contribution to this community, the parade will end at Stevenson Park with festivities ending at 3:30, the evening program will be in Centennial Park with Fireworks at 9:20 PM. The 2009 Fourth of July Steering Committee members were recognized. CITY MANAGER'S REPORT The Interim City Manager Roger Roecker reported on the City receiving a Bond rating "A" from Standard and Poors. .r 04/20/2009 3106 ._„ ACTION ITEMS **Councilmember Reid moved to approve ratifying and confirming the nomination of Mayor Pro-Tem Andy Rivera to Houston-Galveston Area Council's Hurricane Ike Recovery Committee. Seconded by Councilmember Hill. The motion was approved unanimously. RESOLUTIONS "'*Councilmember Barker moved to approve Resolution R2009-23 - a Resolution of the City Council of the City of Friendswood, Texas, determining that land is needed for maintenance of Lift Station #27; accepting the dedication of said land from Autumn Creek Development, Ltd., property owners. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Barr moved to approve Resolution R2009-24-a Resolution of the City of Friendswood, suspending the May 5, 2009 effective date of Texas-New Mexico Power Company's ("TNMP's") requested supplemental application to change rates to permit the City time to study the request and to establish reasonable rates; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel. Seconded by Councilmember Rivera. The motion was approve unanimously. **Councilmember Rivera moved to approve Resolution R2009-25 - a Resolution of the City of Friendswood, Texas Galveston/Harris Counties, endorsing the reappointment of(7) seven members to a thirteen member board to the Galveston County United Board of Health. Seconded by Councilmember Reid. The motion was approved unanimously. **Councilmember Barker moved to approve Resolution R2009-26 - a Resolution of the City Council of the "�""' City of Friendswood, Texas, designating the Chief of Police as the City's representative in seeking eligible grant funds under the Texas Comptroller of Public Accounts Tobacco Compliance Grant in an amount to be determined; and authorizing the submission of such grant application to the Texas Statewide Tobacco Education and Prevention (STEP). Seconded by Councilmember Rivera. The motion was approved unanimously. ORDINANCES '`*Councilmember Barker moved to approve the First reading of 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 speciat exceptions to the Zoning Ordinance in certain instances; 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 approve unanimously. **Councilmember Rivera moved to approve the First reading of Ordinance T2009-06, an Ordinance of the City of Friendswood, Texas, finding and determining that public convenience and necessity no longer require the continued existence of a five thousand, two hundred four square foot tract of land being a public utility easement out of the Sarah McKissick League, Abstract No. 151, within the City of Friendswood, Galveston County, Texas; vacating, abandoning, and closing said public utility easement; authorizing the Mayor to execute and the City Secretary to attest, respectively, a quitclaim deed conveying said abandoned easement to Galveston County,Texas; providing for severability; and containing other provisions relating to the subject. Seconded by Councilmember Hill. The motion was approved unanimously. .... ��.�.....��.� 04/20/2009 3107 � ""Councilmember Rivera moved to approve the First reading of Ordinance T2009-07, an Ordinance of the City of Friendswood, Texas, finding and determining that public convenience and necessity no longer require the continued existence of a 1.6968 acre tract of land being a public utility easement out of the Sarah McKissick League, A-549, within the City of Friendswood, Harris County, Texas; vacating, abandoning, and closing said public utility easement; authorizing the Mayor to execute and the City Secretary to attest, respectively, a quitclaim deed conveying said abandoned easement to the Falls at Friendswood, LLC; providing for severability; and containing other provisions relating to the subject. Seconded by Councilmember Reid. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Rivera reported on the quarterly community Homeowners Association (HOA) meeting hosted by the City and stated it was very successful and well attended. Councilmembers Holbert and Hill stated that they had no report. Councilmember Reid reported on the Homeowners Association (HOA) meeting that was very positive, reported letters will be sent out with a questionnaire, announced the Friendswood Animal Shelter Buddies are holding an Adoption Day on April 25, 2009 at the Deepwood location, attended a youth forum hosted by Bay Area Alliance and it was highly attended by youth and community leaders, it is a great forum for dialogue exchange, great for Friendswood kids, believes the City has their first kids for the Youth Area Council (YAC), attended Forest Bend and Wedgewood HOA meetings and is working on a communication plan for homeowners and has touched on the new Twitter to send immediate messaging. Councilmember Barr stated he received a letter from Friendswood resident Fred Krch regarding asking "� his opinion on Lake Windemere and would personally love to find a way to develop this area without having access going through Rancho Viejo but rather a completion of Brittney Bay Boulevard which would open this area up, believes this would be a great asset to this community. Mayor Smith reported on the little rain over the weekend and stated the storm results were much the same as Tropical Storm Allison, it was an opportunity for responders to put into place equipment and manpower to keep streets safe, some residents needed to be reminded to stay off the streets otherwise it was a job well done, the FIG Festival was postponed and the Friendswood Chamber of Commerce is talking about rescheduling for May 2, 2009, at City facilities, the City will be holding Early Voting on that same day. Concert in the Park opens on May 1, 2009. CONSENT AGENDA **Councilmember Rivera moved to approve the Consent Agenda as presented A. Authorize acceptance of utility improvements in the Gardens at Friendswood Lakes for the contractor's one-year maintenance period. B. Authorize the Mayor to execute the 2009 Texas Regional Response Network (TRRN) Certification Form. C. Ratify and confirm the executions of the Partner Agreements for the Local Emergency Management Agency in support of the Readiness and Emergency Management for Schools (REMS) Grant Program. D. Authorize the final acceptance of paving and utility improvements for West Ranch, Stonecreek Section 1, releasing the contractor from the two-year maintenance period. E. Authorize the final acceptance of paving and utility improvements for West Ranch, the Estates Section 1, releasing the contractor from the finro-year maintenance period. F. Accept March Property Tax Report. G. Approve Minutes of March 23 and March 31, 2009 Meetings. Seconded by Councilmember Reid. The motion was approved unanimously. 04/20/2009 3108 ..�. A motion was made and approved to adjourn at 8:09 PM. ' avid J.H. Smith Attest: J , , �� F F R�ENO � �O 8� O Del ris McKenzie, TRMC V O� City Secretary �t * �A �4rF OF 'f��Q°� ...� ..,� __ .�.�� �.�....�.