HomeMy WebLinkAboutCC Minutes 2009-08-17 Special 08/17/2009 3198
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
AUGUST 17, 2009 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, AUGUST 17, 2009, AT 6:00 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 HILL
COUNCILMEMBER LESLIE REID
COUNCILMEMBER BILL HOLBERT
COUNCILMEMBER JIM BARR
CITY ATTORNEY BOBBY GERVAIS
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 regarding the proposed FY2009-2010 General Operating Budget for the City of
Friendswood. City Manager Roger Roecker presented an overview of the budget process to date and
turned the presentation over to Interim Director of Administrative Services Cindy Edge. The presentation
reviewed the 2008 plan, reviewed 2009 actual, evaluated alternatives for water rates, discussed various
combinations and developed the 2010 plan. Discussed debt service payment savings, working capital,
reserve balance, use of reserve to fund projects or pay off debt, discussed changing the water and sewer
rate to 70% or go back to the 3,000 minimum, drop .25 cents per thousand, would allow to the City to pay
bills and add to reserves or possibly go to maximum allowable.
CLOSED EXECUTIVE SESSION
Council convened into Executive Session in Accordance with the Texas Government Code, pursuant to
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
7:00 PM—REGULAR SESSION
The invocation was given by Public Works Director, Kaz Hamidian.
Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas.
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SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS
A Proclamation was presented to the Community Appearance Board. Chairman Sherry Goen accepted
the proclamation and introduced the members of the board that were present at the meeting.
PUBLIC HEARING
Mayor Smith called a Public Hearing to order, to receive comments from the public, either oral or written,
regarding the City of Friendswood Proposed General Operating Budget for Fiscal Year 2009-10.
Janis Lowe, Friendswood resident, addressed Council and stated the copies of the Proposed General
Operating Budget for Fiscal Year 2009-10 were just made availabie today and has not had the
opportunity to review it.
Mayor Smith commented that this is an informal Public Hearing and the formal Public Hearing wiil be on
the next agenda on September 14, 2009.
JOINT DOCKETED PUBLIC HEARING
Mayor Smith and Planning and Zoning Commission Chairman Kevin 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 8, Supplementary District Regulations.
No one spoke in favor or against the proposed amendment to the zoning ordinance. ,,,��„
Hearing no further comments, Planning and Zoning Commission Chairman Holland closed this portion of
the Joint Docketed Public Hearing.
Mayor and Council kept this Public Hearing open.
Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called a Joint Docketed
Public Hearing to order, to receive comments from the public, either oral or written, regarding Zone
Classification change request for a tract of land containing 1.033 acres out of Lots 3, 4 and 5 of Southern
Breeze Subdivision, property located at 907 S. Friendswood Drive, Galveston County, to change from
Neighborhood Commercial (NC)to Downtown District(DD).
No one spoke in favor or against the proposed zone classification change.
Hearing no further comments, Planning and Zoning Commission Chairman Holland closed this portion of
the Joint Docketed Public Hearing.
Mayor and Council kept the Public Hearing open.
COMMUNICATIONS FROM THE PUBLIC
Kathy Rogers, Friendswood resident, addressed Council and stated her water bill was over $400 and
neighbors were over $500, rates went up in January, no notice of any great need, sewer is at 80%
believes it is quite a bit higher than surrounding areas, concerned that water and sewer money is being
diverted to other funds or not being well managed, requested Council to lower rates, stated a lot of water
does not go into the sewer and the City has held a lot of people's money for a long time. .,�,,
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Terry Dartez, Friendswood resident, addressed Council and stated he has been tortured over the last 7
years and the City ordinance does not help, he has made a number of complaints to the Police
Department and nothing solves the problem. He stated he would like to propose an ordinance that would
prevent residents from allowing their dogs to continually have a disruptive bark and impose torture on
neighbors that would affect their sleep which would result in sleep deprivation. The proposed ordinance
would eliminate noise complaints.
Ed Roque, Friendswood resident, addressed Council and stated he has attended the Council meetings
for the last 33 years, applauded Council for working to get the water rates down, stated his usage has
gone up 400%to 500% in volume, does not understand where this increase in volume comes from.
Deirdre Brown, Friendswood resident, addressed Council and presented the trial transcript from the 60
acre lawsuit and gave a copy to each Councilmember and stated she urges Council to read the
transcripts for factual information, some of the information in the transcript caused some concern,
appears to be some discrepancy. She further stated there is a grant on the agenda, asked if there has
been analysis and has Council evaluated benefits, applauded Council for using a grant writer, Staff would
spend a lot of time working on grants.
CITY MANAGER'S REPORT
City Manager Roger Roecker stated the Texas Legislature passed House Bill 55 which makes usage of
wireless communication devices while operating a vehicle within a school crossing zone a Class C
misdemeanor. This bill also requires the City to post a sign at each school crossing zone informing the
vehicle operator of this prohibition and asked all Friendswood residents to be vigilant and aware of this
,_._ new State law. He also stated he would like to remind everyone that it is Hurricane Season, there have
been three named storms over the weekend and urged everyone to have a plan and prepare accordingly.
ACTION ITEMS
*"Councilmember Rivera moved to approve the Mayor's appointments to a Facilities Naming Committee.
The following committee chairpersons were appointed for the committee: Sherry Goen from the
Community Appearance Board, Brett Banfield from the Community and Economic Committee, and
Thomas Goodwin from the Parks and Recreation Board.
Seconded by Councilmember Reid. The motion was approved unanimously.
'`'Councilmember Reid moved to approve a proposal with Riveron Law Firm for grant procurement
services and authorizing the Mayor to execute.
Seconded by Councilmember Rivera. The motion was approved unanimously.
""Councilmember Hill moved to approve an Employment Agreement with City Manager Roger C.
Roecker and authorizing the Mayor to execute.
Seconded by Councilmember Holbert. The motion was approved unanimously.
Roger Roecker was given a standing ovation as he introduced his family and his City Staff family,
thanked Council for their encouragement, trust, and support. He stated he is honored to serve the City of
Friendswood and thanked God for this opportunity.
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RESOLUTIONS
""Councilmember Hill moved to approve Resolution R2009-45 - a Resolution of the City Council of the
City of Friendswood, Texas, approving and authorizing the Mayor to execute, and the City Secretary to
attest, interlocal agreements by and befinreen the City and Galveston County for issues relating the
County's 2008 Bond Program, more specifically FM 518 - Downtown Drainage Improvements, Melody
Lane Reconstruction, Sunnyview Avenue and Skyview Terrace Reconstruction Projects.
Seconded by Councilmember Barker. The motion was approved unanimously.
**Councilmember Rivera moved to approve Resolution R2009-46 -a Resolution of the City Council of the
City of Friendswood, Texas, approving and authorizing the Mayor to execute, and the City Secretary to
attest, a Memorandum of Understanding by and between the City and the Galveston County
Consolidated Drainage District for drainage improvements associated with Tributary 2, Wegner Ditch.
Seconded by Councilmember Hill. The motion was approved unanimously.
""Councilmember Hill moved to approve Resolution R2009-47 - a Resolution of the City Council of the
City of Friendswood, Texas, approving an amendment to the interlocal agreement with the Galveston
County Consolidated Drainage District (GCCDD) dated April 2, 2007, in regard to the establishment and
collection of drainage fees for additional impervious cover.
Seconded by Councilmember Rivera. The motion was approved unanimously.
*'`Councilmember Barker moved to approve Resolution R2009-48 -a Resolution of the City Council of the
City of Friendswood, Texas, approving the grant of a sanitary sewer easement across City property
located in the vicinity of West Bay Area Boulevard right-of-way and Blackhawk, to Baybrook Municipal
Utility District No. 1; authorizing the Mayor to execute and the City Secretary to attest the easement by ••�
and between the City and Baybrook Mud No. 1.
Seconded by Councilmember Barr. The motion was approved unanimously.
**Councilmember Barr moved to approve Resolution R2009-49 - a Resolution of the City Council of the
City of Friendswood, Texas, calling a Special Election to be held within the City on November 3, 2009, for
the purpose of submitting to the qualified voters, in a Local Option Election, the issues of: 1) legalizing the
sale of beer and wine for off-premise consumption only and 2) legalizing the sale of mixed beverages in
restaurants by food and beverage certificate holders only; making provisions for the conduct and the
giving of notice of the election; and containing other provisions relating thereto.
Seconded by Councilmember Reid. The motion was approved unanimously.
ORDINANCES
*"Councilmember Rivera moved to approve the Second and final reading of Ordinance No. T2009-15, 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 changing the zoning classification of a certain 1.79
acres on FM 528 at Mandale Road within the City from Single Family Residential (SFR) to Light Industrial
(LI), such tract also being 1.79 acres out of a 10.9037 acre tract, situated in the I. & G.N.R.R. Co. Survey
No. 23, Abstract 624, Galveston County, Texas and Abstract 740, Brazoria County, Texas, as recorded in
Volume 86262, Page 762, official public records in the office of the County Clerk, Brazoria 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 Barker. The motion was approved unanimously.
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**Councilmember Rivera moved to approve the Second and final reading of Ordinance No. T2009-17, an
ordinance of the City Council of the City of Friendswood, Texas, ("City") approving a settlement
agreement between the TNMP cities and Texas-New Mexico Power Company ("TNMP" or "company")
regarding the company's Statement of Intent to change electric rates in all cities exercising original
jurisdiction; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments
consistent with the settlement agreement and finding the rates to be set by the attached tariffs to be just
and reasonable; determining that this ordinance was passed in accordance with the requirements of the
Texas Open Meetings Act; declaring an effective date; repealing any prior ordinances inconsistent with
this ordinance and requiring delivery of this ordinance to the company and legal counsel.
Seconded by Councilmember Reid. The motion was approved unanimously.
*"Councilmember Rivera moved to approve the First reading of Ordinance No. T2009-18, 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 changing the zoning classification of a certain 1.033 acre tract of land
located at 907 S. Friendswood Drive, within the City, from Neighborhood Commercial (NC) to Downtown
District(DD), such tract also being Lots 3, 4 and 5 of Southern Breeze, a subdivision recorded in Volume
18, Page 353 of the Galveston County Map Records, 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.
'`*Councilmember Reid moved to approve the First reading of Ordinance No. T2009-19, 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 8, Supplementary District regulations; 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 Barker. The motion was approved unanimously.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmembers Rivera, Holbert, Reid, Hill, and Barker stated they had no report.
Councilmember Barr stated he was on vacation and the family went on a 14 mile bike ride on a bike path,
would like to see City look at some form of bike trails and not be on streets in a neighborhood.
CONSENT AGENDA
**Councilmember Rivera moved to approve the Consent Agenda with the exception of Item C —
Authorize Council to invoke Rule 1(A) of the Rules of Procedure to schedule the regular September
Council meetings for September 14 and September 21, 2009 due to the Labor Day holiday. A. Approve
renewal of an interlocal agreement with the City of Pearland for the use of Pearland's Stella Roberts
Recycling Center for the purpose of disposing of household hazardous waste and authorize City Staff to
terminate the current interlocal agreement pursuant to the agreement's termination clause. B. Authorize
donation/disposal of surplus Police Department equipment. D. Accept July 2009 Property Tax Report. E.
Approve Minutes of June 11, June 29 and July 06, 2009, Meetings.
Seconded by Councilmember Holbert. The motion was approved unanimously.
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"Councilmember Rivera moved to amend Item C to authorize Council to invoke Rule 1(A) of the Rules of
Procedure to schedule the regular September Council meetings for September 14 and September 28,
2009 due to the Labor Day holiday.
Seconded by Councilmember Reid. The motion was approved unanimously.
RECONVENE INTO 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.
Council convened into Regular Session with no action taken later in the meeting.
A motion was made and approved to adjourn at 10:00 PM.
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Mayor D i . . mit
Attest:
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Delori McKenzie, TRMC v o
City Secretary
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