HomeMy WebLinkAboutCC Minutes 2010-01-04 Special 01/04/2010 3258
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
JANUARY 04, 2010 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, JANUARY 04, 2010, 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 (ARRIVED AT 6:25 PM)
CITY ATTORNEY BOBBY GERVAIS
CITY MANAGER ROGER ROECKER
DEPUTY CITY SECRETARY MELINDA WELSH
Mayor Smith called the meeting to order.
.� SPECIAL SESSION
A discussion was held with the Community Appearance Board (CAB) regarding the name change from
Community Appearance Board to "Keep Friendswood Beautiful" and amendments to their by-laws.
Community Services Department Director James Toney introduced CAB Chair Sherry Goen and reported
that a small committee was put together and it was recommended to change the name. Several reasons
were given with one being the City of Friendswood and CAB have provisional status with Keep Texas
Beautiful (KTB), initial step is changing the name to Keep Friendswood Beautiful (KFB), would like the
City to be an affiliate member instead of provisional to get all the benefits. The City would be able to
pursue grants by governing agencies such as Keep Texas Beautiful and Keep America Beautiful. Most
surrounding municipalities have already changed their names, new proposed by-laws say 20 members
and CAB currently has 12 members, new members are needed to go along with new responsibilities,
would like Council to allow CAB to appoint the other 8 members with applications to CAB and given to
Council as well as Keep Texas Beautiful and also have the new applicants attend a couple of ineetings to
make sure individuals want to work with CAB and the Parks and Recreation Board to get to know them,
reports to Keep Texas Beautiful, there are several grants available with one grant for $210,000 that the
board will apply for in February if the name change is granted and will have on the next agenda. Mayor
Smith asked about CAB appointing 8 members, it is out of the norm with how appointments are usually
done, suggested the 12 current CAB members make recommendations of the 8 new members but allow
Council to appoint the members. Sherry Goen stated she had discussed that as an option and the
reason they wanted input is that they have volunteers that work with them regularly and would like to
have input on choosing them if possible. Councilmember Rivera stated he also feels Council should
make the final choice from the recommendations given by CAB. Mayor Smith stated the Fourth of July
Steering Committee should maybe make the same type of recommendation since their committee is so
large but might not work for all the other committees, wants to be fair and consistent to all the other
committees. Councilmember Hill asked if the additional 8 members be alternates or full members and
-- Sherry Goen stated the new members should be members with voting rights, can call them at-large or
whatever. Councilmember Rivera stated the new members should all be full members. Mayor Smith
stated its more than changing a committee title or changing English, it is creating more opportunity for
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grants and other things. Councilmember Rivera stated CAB should stagger the terms of office as well.
Sherry Goen stated yes and may not get all 8 new members at once, some other cities do not have all 20
members, becoming an affiliate of Keep Texas Beautiful and Keep America Beautiful will open up all
kinds of avenues. Mayor Smith asked Sherry Goen to pass along thanks to other members for all the
beautifui decorations and all the hard work they have done this holiday season. City Manager Roger
Roecker asked James Toney to speak on the possibility of this committee being a 501 C3. James Toney
stated Lake Jackson is 501C3 and has a great program. Friendswood couid do the same in the future
but is not ready yet, will possibly be down the road, budget money is still needed to keep them going.
James Toney stated they are already doing 90% of what is required to be an affiliate and just needs to
make it official. Sherry Goen stated this could not have been done without the support of James Toney
and Community Services Administrative Secretary Kimberly Ramirez. Councilmember Barr stated he has
watched CAB work through the process of this idea while attending the meetings and CAB has worked
hard to make this happen and has kept the momentum going. James Toney stated the application for the
name change has to be in by February 9, 2010, so this wi►I be on the next agenda.
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 �..�,
7:00 PM—REGULAR SESSION
The invocation was given by Pastor Jeff Bell with New Life Assembly of God.
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 Zone Classification
change request for a tract of land containing 1.00 acre in the John Dickinson League being a portion of
Lot 52, of Slone Subdivision, property located at 2302 Old Road, Galveston County, to change from
Neighborhood Commercial (NC)TO Single Family Residential (SFR).
Don Seyfert, Friendswood resident, addressed Council and stated he lives close to this acre and is in
favor of the change, is changing back from an earlier designation and is working to swap acre for acre to
the developer to take care of drainage out of Tributary 1.
Hearing no further comments Planning and Zoning closed the Joint Docketed Public Hearing.
Hearing no further comments Council kept the Joint Docketed Public Hearing open.
COMMUNICATIONS FROM THE PUBLIC
Fred Krch, Friendswood resident, addressed Council and stated he would like to read from the Attorney —�
General's Open Meetings handbook, does not believe Friendswood has open government and read from
the handbook about different items dealing with open government.
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Bobbie Jones, Friendswood resident, addressed Council and stated she wouid like to speak regarding
what Budget Amendment II is and City Manager Roger Roecker explained it is the second amendment to
the adopted budget and that is why it is numbered finro. Mayor Smith explained further what was in the
budget amendment. Ms. Jones stated she would like to know about the consultant fees, signs and
Christmas decorations and was answered that the first two were in the budget and Christmas decorations
were not. Councilmember Rivera clarified what the four items were in the budget amendment and
Councilmember Reid explained further.
CITY MANAGER'S REPORT
City Manager Roger Roecker reported on the 11th Annual Holiday Hustle Fun Run/Walk. The City of
Friendswood hosted the 11th Annual "Holiday Hustle" 5K Fun Run/Walk and Kid's K, with the event
proceeds of over $6,000 benefiting the Laura Recovery Foundation for Missing Children in Friendswood.
The event was host to over 200 runners and walkers from the surrounding area with several event
sponsors. Many other businesses from the community helped sponsor the run by donating goodie bag
items and door prizes, and this event would not have been a success without the many volunteers and
Staff working this event. Several City employees participated in this year's event, including Administrative
Services Deputy Director Katina Hampton, Assistant to City Manager Nick Haby and Library Associate
Keith Rogers, who finished first place in his age group. Awards were given to the first place finishers in
each age group and overall winners according to gender.
The City Manager reported on the Community Appearance Board's Annual Tree Give-Away. The City of
�.. Friendswood's Community Appearance Board will give away over 1000 seedlings and over 200 container
trees to residents for planting on their own property. Residents are encouraged to arrive early for the best
selection. Board members will be handing out information sheets on each species to be given away and
how to plant them. A master gardener will be present to answer specific questions. The trees available
have been chosen based on their suitability for this area and will include Bald Cypress, Oak (several
species), and many others. Some of the advantages of planting trees include the absorption of carbon
dioxide, production of oxygen, reduction of heating and cooling costs, reduction of noise pollution and
reduction of storm water run-off to reduce the possibility of flooding. Trees have the potential to increase
property values, enhance the economic vitality of business areas and beautify the community.
Planning and Zoning Commission Vice Chair Mark McLean reported that P&Z voted unanimously to
approve the Zone Classification change request for a tract of land containing 1.00 acre in the John
Dickinson League being a portion of Lot 52, of Slone Subdivision, property located at 2302 Old Road,
Galveston County, to change from Neighborhood Commercial (NC)to Single Family Residential (SFR).
ACTION ITEMS
No action was taken regarding authorizing the City Manager to take action on the Wight Realty Interests,
Ltd., lawsuit.
"*Councilmember Rivera moved to approve an Interlocal Agreement with Harris County for mutual aid in
the event of an emergency and authorizing the Mayor to execute it.
Seconded by Councilmember Reid. The motion was approved unanimously.
Fire Marshal Terry Byrd stated the concerns at a prior meeting about wording on this agreement were
addressed and worked with the County to amend the document to read how the City needed it to be read.
-- Mayor Smith stated it looks more National Incident Management Systems (NIMS) compliant and
appreciates the work Terry Byrd, City Attorney Bobby Gervais and Police Chief Wieners did on this.
Councilmember Hill asked if Harris County was okay with this and Terry Byrd stated yes.
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"*Councilmember Rivera moved to approve disposition of Bid No. 2009-17 awarded to Generator Power
Systems in the amount of $66,316.30 for the Purchase and Installation of a Natural Gas Powered
Generator for City Hall, acceptance of the FEMA 2009 Hazard Mitigation Grant and authorization for the
Mayor to execute the grant and bid documents.
Seconded by Councilmember Hill. The motion was approved unanimously.
Councilmember Rivera complimented Fire Marshal/Emergency Management Coordinator Terry Byrd on
getting this grant. Mayor Smith asked Terry Byrd to pass along thanks to Fire Marshal Assistant's Brian
Mansfield, Tonya Hilton and Dean Spencer in the Fire Marshals Office (FMO) for their hard work. Mayor
Smith stated the City has been working on replacing naturai gas generators with the current diesel that
the City has, natural gas is more accessible after a storm.
*'`Councilmember Barr moved to approve the purchase of a new Ford F150 Super Crew for the
Friendswood Volunteer Fire Department to replace Squad 4, and the disposition via trade-in of a 2002
Ford Expedition XLT, in accordance with the Vehicie Replacement Policy.
Seconded by Councilmember Reid. The motion was approved unanimously.
*"Councilmember Barr moved to approve the use of the City's newsletter, PEG TV Channel, Website and
GroupBuilder by City youth sports organizations and requested a workshop on this item.
Seconded by Councilmember Reid. The motion was approved unanimously.
Councilmember Barr stated this has been an ongoing issue with the Parks and Recreation Board and the
Community Appearance Board (CAB). The Youth Sports Organization has had a problem getting the ..,..,
word out about their registration to get their names to turn into Community Services to be compliant with
the City's Park Policy, has talked to the school district but has not gotten an answer, has bandit signs up
in the area to advertise and trying to get away from that. Mayor Smith asked when this needed to be
done and Councilmember Barr stated they are doing registration now so it is too late to get in now but
maybe can get something in place for fall registration that starts in May or June.
*'`Councilmember Reid 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, for
acreage adjacent to the existing Senior High site to accommodate parking lot and ball field expansions,
and for electronic marquee signs owned by either the school district or the City and authorizing the Mayor
to execute the agreement.
Seconded by Councilmember Rivera. The motion was approved unanimously.
**Councilmember Rivera moved to approve a contract with LJA Engineering & Surveying, Inc. for
engineering design services for the Water Plant#5 Rehabilitation project, authorizing the appropriation of
funds and authorizing the Mayor to execute the contract.
Seconded by Councilmember Holbert. The motion was approved unanimously.
RESOLUTIONS
**Councilmember Hill moved to approve Resolution R2010-01 - a Resolution of the City Council of the
City of Friendswood, Texas, authorizing the Friendswood Police Department and Friendswood Fire
Marshal/Arson Investigator to use unmarked vehicles in connection with official duties of the Police
Department and Office of the Fire Marshal/Arson Investigator.
Seconded by Councilmember Barker. The motion was approved unanimously. —•
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**Councilmember Barker moved to approve Resolution R2010-02 -a Resolution of the City Council of the
City of Friendswood, Texas, approving a third amendment to the Interlocal agreement with the Galveston
County Consolidated Drainage District (GCCDD) dated April 2, 2007, which establishes provisions
relating to the collection of drainage fees for additional impervious cover.
Seconded by Councilmember Reid. The motion was approved unanimously.
'`*Councilmember Rivera moved to approve Resolution R2010-03 -a Resolution of the City Council of the
City of Friendswood, Texas, amending Resolution No. R2009-39 adopting rules of procedure for City
Council meetings by providing a new section to authorize the Mayor to sign grant applications; and
repealing all other resolutions inconsistent or in conflict herewith.
Seconded by Councilmember Holbert. The motion was approved unanimously.
ORDINANCES
**Councilmember Reid moved to approve the Second and Final reading of Ordinance No. 2009-25, 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 unanimously.
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'"`Councilmember Barr moved to approve the First reading of Ordinance 2010-01, an ordinance amending
the Code of Ordinances of the City of Friendswood, Texas, by amending Chapter 6, "alcoholic beverages," by
amending the provisions relating to local permit and license fees to be consistent with State law; making
certain findings; providing a penalty of an amount not to exceed $500 for violation of any provision hereof;
repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; and providing for
severability.
Seconded by Councilmember Rivera. The motion was approved unanimously.
**Councilmember Rivera moved to approve the First and Final reading of Ordinance 2010-02, 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 II" 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 Barker. The motion was approved unanimously.
"*Councilmember Rivera moved to approve the First reading of Ordinance 2010-03, 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 1.0 acre tract of land
within the City from Neighborhood Commercial (NC) to Single Family Residential (SFR), such tract also
being commonly known as 2302 Old Road, 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 Barker. The motion was approved unanimously.
Mayor and Council closed the Joint Public Hearing.
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COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmembers Barker, Reid and Hoibert stated they had no report.
Councilmember Rivera reported he is eligible for reelection and has decided to stay in Friendswood, has
made tremendous progress in the City and is officially going for reelection in May 2010.
Councilmember Hill reported that Friendswood Development has started construction on West Ranch
Boulevard that will go to the new Jr. High. Councilmember Hill stated that a Friendswood Police Officer
lost his 3 month old baby over the holidays and the Friendswood Police Officers Association paid for the
funeral and stated they are a great group of people.
Councilmember Barr reported a resident from Friendswood is going to be an astronaut on the next shuttle
launch, Terry Bertz is his name and will have him, his wife Stacy and son Matthew in our thoughts.
Mayor Smith thanked the Community Appearance Board (CAB) and Community Services Department for
coordinating with the Friendswood Chamber of Commerce for the lighted Christmas parade and
Christmas in the Park with Santa, over 5,000 people were served hot dogs and chili and many folks
participated. CAB started early that morning on all their hard work, a great time was had by all with lots of
stuff to do in Friendswood for the holidays, appreciates all the hours the volunteers put in to make this
happen. Friendswood Police Department and EMS works when Staff is not working during the holidays,
they were there every time he turned around and as he drove around during the holidays and thanked
them for their service.
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CONSENT AGENDA
**Councilmember Rivera moved to approve the Consent Agenda as presented with A. Accept November
2009 Property Tax Report. B. Approve Minutes of November 16, December 07, and December 14,
2009, Meetings.
Seconded by Councilmember Barker. The motion was approved unanimously.
A motion was made and approved to adjourn at 8:14 PM.
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C--f�Fa r David J. . mith
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D loris McKenzie, R C v �
City Secretary �, *
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