HomeMy WebLinkAboutCC Minutes 2009-12-07 Special 12/07/2009 3250
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
DECEMBER 07, 2009 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, DECEMBER 07, 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
COUNCILMEMBER MICHAEL BARKER
COUNCILMEMBER JIM HILL
COUNCILMEMBER LESLIE REID (ARRIVED AT 5:45 PM)
COUNCILMEMBER BILL HOLBERT
COUNCILMEMBER JIM BARR
CITY ATTORNEY BOBBY GERVAIS
CITY MANAGER ROGER ROECKER
CITY SECRETARY DELORIS MCKENZIE
DEPUTY CITY SECRETARY MELINDA WELSH
Mayor Smith called the meeting to order.
,�. SPECIAL SESSION
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.
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 with the Planning and Zoning Commission regarding amendments to the Zoning
Ordinance for Height Exceptions, removed wind turbines and windmill, if not in the ordinance then would
have to have a strict interpretation for a variance, if a request for a permit were received then would have
to submit for legal interpretation for determination. Planning and Zoning Commission will bring back to
Council for further consensus. Amendments were made to the Subdivision Ordinance for submission of
plats, general requirements and design criteria. A letter from Harold Whitaker regarding concern from the
Galveston County Consolidated Drainage District on the process, looking for a check and balance
system. The Planning and Zoning Commission will bring an interlocal agreement back for Council's
consideration.
12/07/2009 3251
�
A discussion was held regarding the grant application process. Mayor Smith reviewed the process used
for processing grant applications. A signature is required to get the application in and then ratify at the
next Council meeting with all of the grant work. Also anticipates many more applications that may need
to be handled prior to a regularly scheduled meeting, is not obligating the City, has to come back to
Council especially if it is a matching grant, just wants to be sure Council is aware of the process being
used. The Charter requires the Mayor to be authorized to sign if obligates the City, most grants require
the Chief elected official, and there is Staff time and energy put into the grant process.
7:00 PM—REGULAR SESSION
The invocation was given by Pastor Lynn Colby with Caivary Chapel.
Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas.
SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS
City Secretary Deloris McKenzie, TRMC, CMC, announced her retirement from the City of Friendswood
after almost 26 years of service to the citizens of Friendswood and 33 years as a City Secretary. Her
outstanding career began in 1977 as City Secretary for the City of Manvel and has been employed by the
City of Friendswood since 1984. During her career, she has achieved certification and several
recertifications through the Texas Municipal Clerk's Certification Program and International Institute of
Municipal Clerks, as well as many years of teaching in different training programs with a speciaity in the
area of elections. She has heid offices in various organizations, served on a number of committees, won
many local, statewide and internationa� awards and has a scholarship in her name through the local City ,,,,,,,
Secretary Chapter which is awarded to deserving municipal clerks every year. Ms. McKenzie stated that
she looks forward to spending quality time with her family, most specifically her grandchildren, traveling,
enjoying time at home and along the way, smelling the roses. She would also like to give thanks for
being allowed to travel this incredible journey and for being allowed the highest of honor of serving this
fine City for the last 26 years.
RECONVENE 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 7.3.e. (height exceptions).
No one spoke for or against the amendments to Section 7.3.e. (height exceptions)
Hearing no further comments Council closed the Pubiic Hearing.
COMMUNICATIONS FROM THE PUBLIC
John LeCour, Friendswood resident and past Councilmember, addressed Council to thank the City
Secretary and congratulated her upon retirement. Mr. LeCour stated the lawsuit over the park property
may be a conflict of interest to pay anything and may violate the City Charter. Council may need to check
on the legality, legal fees and suggests seeking legal opinion to see if fees are legal and if the City is held
liable, asked respectfully to seek independent legal opinion.
Bob Wicklander, Friendswood resident, addressed Council and stated he could go all the way back to
1984 to recognize City Secretary, Deloris McKenzie. As he was serving on the Council they hired her ,..,,
and presented a flyer on Bass Pro Shops Local Hero Night.
12/07/2009 3252
�
Bret Nichols, Friendswood resident, addressed Council and stated he would like to speak on agenda item
number 12, regarding approving a License and Indemnity Agreement with the Sunmeadow Homeowner's
Association to make repairs to the subdivision entrance sign on Sunmeadow Drive at FM 528 within the
City's right-of-way. Mr. Nichols stated the repairs would be detrimental to future development and
requested Council to look at the overall request. Millennium Corporation is willing to help to replace the
signage and spoke on current ordinance requirements.
Kathy Rogers, Friendswood resident, addressed Council and stated the lawsuit is the result of lack of
Attorney General's opinion, believes the contract is null and void and urged Council to seek a legal
opinion from the Attorney General, thinks there is a liability to each one individual of City Council. City
Secretary, Deloris McKenzie was congratulated on her retirement.
Fred Krch, Friendswood resident, addressed Council and asked if there are any plans to celebrate the
anniversary of the Constitution on December 15, 2009, and stated he has heard there was a mistake
made in purchasing the park land property, and that legal advise is being sought, cannot support what
Council has done, stated 99.8% of citizens are going to be made liable for the legal fees, would like to
see Council use local lawyers.
Former Councilmembers Kitten Brizendine, Janis Lowe and Bruce Branham appeared before Council to
congratulate City Secretary Deloris McKenzie on her upcoming retirement.
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
,.� The annual report was given by Bob Mitchell, president of the Bay Area Houston Economic Partnership
(BAHEP). Bob Mitchell spoke and congratulated retiring City Secretary Deloris McKenzie. Dan Seal also
congratulated Deloris McKenzie as well and also congratulated the City on the $2 million dollar grant in
the panhandle area, appreciates the help of Karen Capps, Economic Development Coordinator.
Friendswood continues to be one of the most aggressive in economic development in the area, informed
Council about an event in Washington, DC, focusing on NASA supporting human space flight, there is a
continued need for NASA funding and requested $3 million from stimulus package. Kennedy Space
Center and Johnson Space Center will have the opportunity to raise money to get one of the retired
space shuttles before any other communities do. The Coast Guard has selected a 12 acre Ellington Field
site for headquarters, medical care is also important to keep health care dollars here, helps local
providers grow and expand, improves quality of life and is working with Texas A&M's Dr. Bill Merrill for
storm surge suppression. Storm surge could affect Friendswood and unified regional development is the
key and is proud of the relationship with Friendswood.
CITY MANAGER'S REPORT
City Manager Roger Roecker reported on the Deputy Directors that received Certified Government
Finance Officer designation from Government Finance Officers Association of Texas (GFOAT). Many of
the City employees belong to various professional organizations that are specific to their fields. For
example, past and current employees have benefited from their involvement with organizations such as
the American Planning Association, Texas Recreation and Parks Society, and the International
Association of Administrative Professionals. The Government Finance Officers Association of Texas, of
which several of the City's employees are members, sponsors a credential program designed to
demonstrate competency in government finance. Certification in this program requires passing a rigorous
exam focusing on Accounting and Financial Reporting, Budget and Capital Planning, Cash Management
and Debt Management. In November, two of the City's employees, Rhonda Bloskas, Administrative
-- Services, Accounting Manager and Katina Hampton, Administrative Services Budget Manager
successfully completed the program and received their certification. Rhonda and Katina join
approximately 250 government finance professionals who have received the Certified Governmental
12/07/2009 3253
�
Finance Officers (CGFO) designation since the program's inception in 1988. Friendswood is one of only
a few cities in the State to have four current CGFO's, as Cindy Edge, Director of Administrative Services,
and City Manager Roger Roecker previously attained this status. The City is very proud of Rhonda and
Katina's recent accomplishment and will continue to encourage all employees to pursue continuing
education in their fields.
The City Manager reported on the grant summary for Fire Marshal and Police Departments. The year
2009 continues to be an unprecedented one for the City of Friendswood where grant funding is
concerned. Earlier this year, the City secured $2.5 million in Economic Development Administration
(EDA) funds for water/sewer improvements in the City's panhandle area and are currently in the final
stages of accepting another $75,000 from SECO for energy efficiency. To add to this list, the City
recently learned that on November 25, 2009, the City's Hurricane Ike Community Development Block
Grant(CDBG) application was approved, awarding the City another$2,369,148. This $2.3 million will be
used to fund natural gas generators for Fire Stations 1, 2 and 3 as well as natural gas generators for
Surface Water Station #1, Water Well #2 and 33 Lift Stations. During emergency events where power is
lost, these generators will be extremely important in continuing the City's water and wastewater service to
the community.
The City Manager reported on Friends of the Library holding a December Book Sale. The Friendswood
Public Library Book Sale opens to the general public and book sellers starting Saturday, December 12,
2009, ending Wednesday, December 30, 2009. The Book Sale is sponsored by The Friends of the
Library with all proceeds going toward supporting library programming.
The City Manager reported on the opening of Friendswood Link Road/EI Dorado Extension. The new ,,,�„
extension of EI Dorado Boulevard to Friendswood Link Road was opened last Wednesday, December 2,
2009. The new roadway, which was a Harris County project, now extends Friendswood Link Road from
Blackhawk Boulevard to Interstate Highway 45. Friendswood's Public Works Department has removed
the stop signs at Blackhawk Boulevard and Friendswood Link Road/EI Dorado Boulevard and this
intersection is now controlled by traffic signals. City Staff is urging all residents to be cautious at this
intersection while travelers become accustomed to the new traffic patterns.
ACTION ITEMS
**Councilmember Hill moved to approve the Stadium Lane Parking Project, appropriating funds and
� requesting Friendswood Independent School District's participation (pay 50%).
Seconded by Councilmember Barr. The motion was approved 6-0.
**Councilmember Barr moved to approve appointments/reappointments to the Fourth of July Steering
Committee with Renae Rives, Robin Hall, Darrell Fales and Tony Fitzpatrick to expire 11/2012 and Parks
and Recreation Board with John Scott, Doug Wrinkle, David Montz and Thomas Goodwin to expire
11/2012.
Seconded by Councilmember Reid. The motion was approved 6-0.
**Mayor Smith moved to table the City's votes as property owners in the Imperial Estates Subdivision to
the Imperial Estates Homeowner's Association Board for all matters except elections and
fees/assessments (previously tabled 10/5/09).
Seconded by Councilmember Barr. The motion was approved 6-0.
""Councilmember Reid moved to approve a License and Indemnity Agreement with the Sunmeadow
Homeowner's Association to make repairs to the subdivision entrance sign on Sunmeadow Drive at FM .,.�
528 within the City's right-of-way.
Seconded by Councifinember Barr. The motion was approved 6-0.
12/07/2009 3254
*''Councilmember Reid moved to approve disposition of Bid No. 2009-15 for Janitorial Services for City
Facilities to C&S Janitorial Services at$9211 a month
Seconded by Councilmember Holbert. The motion was approved 6-0.
"'Motion by Councilmember Barr moved to reject Bid 2009-14 for Mowing Maintenance of Buyout Lots
and Baker Road Detention Basin and Bid 2009-16 for Mowing Maintenance of City Facilities and Medians
and rebid due to discrepancies and lack of information.
Seconded by Councilmember Reid. The motion was approved 6-0.
**Councilmember Reid moved to approve an Ad Hoc Committee to make recommendations to Council
regarding improving communications between City Hall and the public.
Seconded by Councilmember Barr. The motion was approved 6-0.
Mayor Smith stated he recommends the appointment of finro members of the public, committee members
(Chairs) and requested the City Manager to assign Staff as well to review practices of communicating with
the public. The Committee will need to take a meeting or two for them to digest information and
brainstorm other possibilities and after 3 or 4 meetings then come to Council with what they have with
recommendations. The Mayor stated he has asked Sally Branson with school district background and
Wendy Slayton with media and public relations background if they would be interested and they stated
yes they were.
""Councilmember Barker moved to approve the purchase of additional electronic election equipment and
..�.. appropriation of funds.
Seconded by Councilmember Holbert. This motion was approved 6-0.
**Councilmember Reid moved to approve excusing the absence of Mayor Pro-Tem Andy Rivera from the
December 7, 2009, Council Meeting relating to a work issue.
Seconded by Councilmember Holbert. The motion was approved 6-0.
RESOLUTIONS
*''Councilmember Reid moved to approve Resolution R2009-68 - a Resolution of the City Council of the
City of Friendswood, Texas, Galveston/Harris Counties casting 106 votes for Gary Jones to the Galveston
Central Appraisal District Board of Directors for 2010/2011.
Seconded by Councilmember Barr. The motion was approved 6-0.
'`'`Councilmember Hill moved to approve Resolution R2009-69 - 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
related 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.
Seconded by Councilmember Reid. The motion was approved 6-0.
**Councilmember Barr moved to approve Resolution R2009-70 - a Resolution of the City Council of the
City of Friendswood, Texas, accepting the dedication of easements from GJAAA Brown Family, Ltd.,
property owners, for sanitary sewer facilities.
Seconded by Councilmember Hill. The motion was approved 6-0.
12/07/2009 3255
�
**Councilmember Hill moved to approve Resolution R2009-71 - a Resolution of the City Council of the
City of Friendswood, Texas, approving the first bond issuance of the West Ranch Management District, for
the proposed amount of$8,100,000.
Seconded by Councilmember Reid. The motion was approved 6-0.
ORDINANCES
**Councilmember Holbert moved to approve the First reading of Ordinance No T2009-25, 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 Paragraph 3 of Subsection Q of Section 7 by increasing the
maximum allowable height of an accessory structure; amending Paragraph 3 of Subsection Q of Section
7 by removing the required additional 5 foot setbacks for structures up to 40 feet in height in SFR and
SFR-E Residentially Zoned Districts; 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 6-0.
*'`Councilmember Reid moved to approve the First and Final reading of Ordinance No T2009-27, an
ordinance amending City of Friendswood, Texas, Ordinance No. 2008-33, passed and approved
September 22, 2008, same being an ordinance approving and adopting the City's General Budget for
Fiscal Year 2008-2009, by approving "Budget Amendment III" to the "Original General Budget of the City
of Friendswood, Texas, for the Fiscal Year 2008-2009"; providing for supplementaf appropriation and/or
transfer of certain funds; providing for severability; and providing other matters related to the subject.
Seconded by Councilmember Barr. The motion was approved 6-0. .,,.,R
**Councilmember Reid moved to approve the First and Final reading of Ordinance T2009-28, an
ordinance amending City of Friendswood, Texas, Ordinance No. 2009-22, passed and approved October
5, 2009, same being an ordinance approving and adopting the City's General Budget for Fiscal Year
2009-2010, by approving "Budget Amendment I" to the "Original General Budget of the City of
Friendswood, Texas, for the Fiscal Year 2009-2010"; providing for supplemental appropriation and/or
transfer of certain funds; providing for severability; and providing other matters related to the subject.
Seconded by Councilmember Holbert. The motion was approved 6-0.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmembers Barker and Holbert stated they had no report.
Councilmember Barr reported on the upcoming Christmas parade, Snow Mountain and Christmas in the
Park and congratulated the Friendswood football team.
Councilmember Hill thanked City Manger Roger Roecker, Community Services Director James Toney
and Staff for putting flags out for a soldier from Alvin who passed away and a procession that went
through Friendswood.
Councilmember Reid reported on the recent gathering of Committees, Boards and Staff. Thanked all the
committee members who came out, made a lot of positive moves and a lot of good stuff came out of that
day.
Mayor Smith reported that December 7 would be recognized as Pearl Harbor Day, a day that will live in
infamy and should always be aware of and remember those that serve and those that lost their life on that ....
day, should never forget.
12/07/2009 3256
CONSENT AGENDA
*"Councilmember Barr moved to approve the Consent Agenda as presented A. Ratifying and confirming
amendments to the City's Personnel Policy related to the Leave Policy and adding the Pandemic Event
Leave Policy. B. Authorize Council to invoke Rule 1(A) of the Rules of Procedure to schedule the regular
January 2010 Council meeting. C. Accept October 2009 Property Tax Report. D. Approve Minutes of
November 2, November 5, and November 7, 2009, Meetings.
Seconded by Councilmember Holbert. The motion was approved 6-0.
RECONVENE 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.
Council convened into Regular Session with no action taken later in the meeting.
RECONVENE INTO OPEN SESSION
A motion was made and approved to adjourn at 9:38 PM.
,....
Ma or D id . . Smith
Attest:
�' __� F FRIEjyG
` ;a �� S+�L
Deloris McKenzie, TRMC V �
City Secretary o
*
*
cA
�TF OF T��'�