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HomeMy WebLinkAboutCC Minutes 2010-02-22 Special 02/22/2010 3276 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( FEBRUARY 22, 2010 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, FEBRUARY 22, 2010, 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 BILL HOLBERT COUNCILMEMBER JIM BARR 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 regarding the Animal Control facility, services and an Advisory Committee. City Manager Roger Roecker explained the issue and Police Chief Wieners presented a PowerPoint presentation on the proposed Animal Control facility and stated that the project has been stepped up due to citizen interest. Chief Wieners presented information on animal adoption, discussions with Staff in the Capital Improvement Project (CIP) process, budget meetings and strategic planning retreats, cost estimates for current facility repair and establishing consensus from Council for Staff as far as the steps on how to proceed. Local veterinarian, Dr. Young, has helped out in an advisory capacity as well as Margaret Pickell with Wildlife Rehabilitation. Animal Control Supervisor Craig Baker stated he has provided input and provided a draft ordinance in the backup agenda documents tonight and stated an advisory committee can help with citizen input. Citizen interest has been good in facility and enhanced programs, had a discussion in 2006 to have a new facility by 2013, that project has been bumped up in the process, City received a satisfactory rating in 2007 and 2008, but 2009 was given a probationary status relating to maintenance. He stated the State said the facility needs to be replaced sooner rather than later, is not being threatened with imminent closure and the State wants to see that the City has a plan. A Feasibility Study was done in 2006 and funding has always been an issue. The Feasibility Study had an estimate of$875K for a 5000 sq. foot building and $1.1 million for a 6000 sq. ft building and does not think it will cost that much with the current economy, has done projections and can choose a builder with experience. Councilmember Reid asked if this includes the cost of land and Chief Wieners answered that in the past that it was and it was indicated by Council to use publicly owned land. Councilmember Hill asked if this includes kennels and Chief answered yes. Council approved the CIP in 2009, looking at two acres of land and is looking at two sites that meet that requirement, looking at 5000- 6000 sq ft minimum with a possible Phase II later for expansion, the current building size is 1000 sq ft and was built in 1989. Chief Wieners gave a breakdown of what areas of the proposed facility from the Feasibility Study will be what size and how efficiently the building can be built. The site selection .-- considerations are to provide a safe location to house animals, easy accessibility for citizens, utilize land that would not add to the cost of the project, reasonable accessibility to utilities and roadway connections, impact on tax revenues for the City, Clear Creek Independent School District (CCISD), Friendswood 02/22/2010 3277 � Independent School District (FISD) or county, placement and quality of life for residents in the area, location of approximately two acres and adjacent facility considerations. Councilmember Rivera asked about space considerations and Chief Wieners stated the facility would need external runs, paved parking and more, will need to create an Animal Control Advisory Committee, need to repair several items in the current building which estimates to be $27,095. Mayor Smith asked when work would begin and Chief Wieners answered work would begin quickly and it would not take long for contractor to get done. Chief Wieners stated he had hoped it would break ground by now but were not able to do Certificates of Obligation (CO's) and did not want to put money in a building that was going to be torn down. Mayor Smith stated he assumes money is not in the current budget and City Manager Roger Roecker stated that was correct. Councilmember Hill asked how long can the facility go without repairs and Chief Wieners stated the State would not allow the City to go too long. Councilmember Hill asked if the City does repairs this year could the City get away with it. Councilmember Rivera asked if there is a future potential use of the current Animal Control facility for something else. Chief Wieners stated he would visit with the State about what has to be done now so the City will not have to spend money on a building that will be torn down soon. Mayor Smith stated Chief Wieners can address the issue on the next step of appointing the committee and can discuss repairs at next meeting. Councilmember Reid stated there is an action item tonight, can Council make a decision tonight and Mayor Smith answered no, Council will have to have more input and needs to appoint the committee first. The City Manager stated he can pull from another budget item related to animal control. Councilmember Barr stated Council needs to give Chief Wieners a timeline, went and looked at the facility today and Council needs to give Chief Wieners information for when he goes back to the State, too soon to make too many decisions. Councilmember Holbert stated he was out there today and the condition is deplorable and asked what the estimated timeline is if approval was given to build a 6000 sq ft facility, Chief Wieners and Community Development Director Morad Kabiri both answered six months. Mayor Smith asked if everyone agrees that repairs ,� need to be done now and Councilmember Hill stated he does not agree, would like to build a facility sooner and if it will be a year or longer to build then do repairs. Councilmember Reid stated it might be a year to build and move into a new building. Chief Wieners stated he should find out from the State what can be done to keep the doors open. Councilmember Barker stated he would rather not spend the money now but will have to spend the money now for repairs and later. Mayor Smith stated he is hearing from Council that they would like to take care of the repairs now and told the City Manager to do it now. Mayor Smith stated for the permanent facility Council can form the committee now and have it appointed, can meet with City Manager tomorrow and do this. Councilmember Barker stated there should be citizens on this committee as well and Mayor Smith agreed to have a citizen-at-large member. Mayor Smith stated he can have the committee together and will put it on the March 1, 2010, Council meeting agenda for approval. City Attorney Bobby Gervais stated he can put together an ordinance but would have to post it now. It was given to the Deputy City Secretary Melinda Welsh to post. A discussion was held with the Planning and Zoning Commission (P&Z) regarding Permitted Use Table (PUT) amendments. The Planning and Zoning Commission came to the front for a joint session with Council. Community Development Director Morad Kabiri stated the Permitted Use Table (PUT) for Community Shopping Center (CSC) will be discussed regarding Accommodations and Food Services. Planning and Zoning Commission Vice Chair Mark McLean stated Staff recommendations were approved, the hot button item is Accommodations and has been working on the Permitted Use Table for years. Jim Gibson with P & Z stated they are looking at Accommodations, in CSC it says there is no parcel of land zoned CSC that is not in someone's back yard. There are restaurants, hotels, bars and what P & Z would prefer is that they would need a Specific Use Permit (SUP) to build these types of establishments in this zone so there can be input on what can be done. Community Development Director Morad Kabiri stated if someone wanted an SUP they would have to submit an application, post notice in the newspaper, send to property owners within 200 feet and have a Joint Public Hearing. Council would ultimately be able to approve the SUP. Mr. Kabiri stated an SUP is more subjective and ,.,,,, black and white. Mark McLean stated the City can require more things in an SUP than just a site plan, it would be good for the community. Mayor Smith stated when the City makes a change like this it has to 02/22/2010 3278 � be done by an ordinance. Councilmembe�Hoibert stated even if you change the accepted uses what are the height restrictions on CSC and Mr. McLean answered it is 40 ft. Councilmember Reid asked if this change regarding the hotel will not affect what is going on now and Mayor Smith stated P&Z and Mr. Kabiri cannot answer that question and also stated other use should be SUP as well regarding alcohol. Councilmember Rivera stated this is an unintended consequence from an action done in the past, feels that Accommodations should be taken out of CSC and put in Industrial or some other type. Councilmember Hill stated this SUP action puts notice out there on what is intended, if you put a hotel downtown it will effect, should do on an individual basis. Councilmember Barr asked if drinking places and alcohol beverages is a permitted use in CSC. Mr. Kabiri stated it is not but it is permitted in Neighborhood Commercial (NC). Mayor Smith stated this should be discussed at the next meeting on what is permitted in some of these zonings. Councilmember Barr stated this should be an SUP so it can be decided on an individual basis. Councilmember Rivera stated still have to decide because it is not excluded. Mayor Smith stated people can apply for SUP and should prepare an ordinance to make the change. Councilmember Barr stated should make the change on drinking places and alcohol beverages as well. CLOSED EXECUTIVE SESSION Council convened into Executive Session in Accordance with the Texas Government Code, pursuant to Section 551.071 – Consultation with Attorney; pending or contemplated litigation; a settlement offer; or a matter in which the duty of the attorney requires it (litigation with Wight Realty Interests, Ltd) and Section 551.074 – Personnel Matters; to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or to hear a complaint or charge against an �—. officer or employee(City Secretary). 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 Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. JOINT 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 Zone Classification change request for a tract of land containing 1.6554 acres in the Sarah McKissick or J.R. Williams League being Lot 5 of Coward Creek Subdivision, Section 1, AND previously described as part of Lot 2 and 4, Block F of Central Park Subdivision, property located at 1108 Coward Creek, Galveston County, to change from Single Family Residential (SFR)to Single Family Residential - Estate (SFR-E). No one spoke for or against the Zone Classification change request. 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 COMMITTEES AND SPECIAL REPORTS � A report was given by Bay Area Houston Economic Partnership (BAHEP) representative David Braun regarding NASA funding. Bob Mitchell could not make it tonight due to an emergency meeting in 02/22/2010 3279 � Seabrook. David Braun stated he worked in aerospace sector for many years and stated he recently got budget guidance from the President regarding NASA, has worked on shuttle transition plans and asked what would happen to those employees working on that project with hope that new programs would absorb some of those employees, was proposed to cancel Constellation Programs. Lockheed is the prime contractor to be effected with a multiplier effect that is finro times as much. One good thing that came out of this was the space station would be extended to continue until 2020. NASA would have to rely on Russia to get to space station and Russia is already pricing that upwards. A Congressman came and spoke at a recent event and stated Congress can change the budget the President proposes. Mr. Braun suggested to write your local Congressman at www.goboldlynasa.org where there is a website for a letter to automatically be sent to Congressmen and Senators, get also out of State people to get on website and send a letter. BAHEP has a 10 page list to get started and has additional meetings with Congress this year, will use BAHEP resources to get back on track, has an upcoming annual trip to Washington, DC., most important this year and thanked the City for supporting in the past. Mayor Smith stated this is an important issue for Friendswood and will do whatever it takes to support to fight that battle. Councilmember Rivera stated this administration is trying to stimulate the economy to create jobs and is cutting jobs. City Manager Roger Roecker stated can help with economic development budget, they are looking for some help in the $3000-$5000 range. Councilmember Rivera stated Houston- Galveston Area Council (H-GAC) has this as a high priority item. An annual report was given from Parks and Recreation Board Chair Thomas Goodwin. Mr. Goodwin and Dr. Montz appeared and Mr. Goodwin stated he is grateful to Mayor Smith and Council for their support, thanked Community Services Director James Toney and Staff for their assistance. Mr. Goodwin reported that over the last 18 months the Parks and Recreation Board have been diligently researching and compiling information, surveying and polling citizens and conducting Town Hall meetings to capture the ,,,�,� wants and needs of the citizens to produce the City of Friendswood Parks and Open Space Plan. The Friendswood Master Parks and Open Space Plan, once approved by Council, will be submitted to the Texas Parks and Wildlife Department. The Department will consider the plan and determine if it meets the minimum requirements as set forth by the department's guidelines. Although it is not necessary to have a Local Park Master Plan, priority is given to projects proposing to meet priority needs determined locally in a department-approved, sponsor-endorsed, Recreation and Open Space Master Plan prepared by the project sponsor. For some grant applications, having an approved plan represents up to 15 points of the scoring criteria. The following are key components of the Master Plan, hike and bike trails along the creeks to connect City parks, the opening and development of Lake Friendswood, improvements to existing ball fields and the development of new ball fields. The Parks Board has completed its work on the Parks Plan and is now ready to present it to Council for adoption. With the adoption and filing of the Parks Plan the Board will, with Council approval, apply for a Hike and Bike Trail grant through Texas Parks and Wildlife in the amount of$250,000 at an 80 (State)/20 (local) matching, meaning the City will have to pay for 20% of the total construction costs and the State will pay 80% up to $200,000 in grant funds. In order to apply for this funding the adopted Parks Plan must be on file with Texas Parks and Wildlife Department 60 days prior to the application process which is May 1, 2010. Councilmember Reid thanked the Board for all the hours they put in and knows they put lots of heart and soul into it and asked when the Master Parks Plan meeting will be held. Mr. Goodwin stated it will be held on Wednesday at 7 PM. Mayor Smith stated the adoption of the Parks Plan will be on the March 1, 2010, agenda. Councilmember Barr asked Mr. Goodwin why is it important to adopt a plan and Mr. Goodwin stated there is a certain timeline they are looking at and have not acquired property but working on grant for trails and another$500,000 grant, has to have it 60 days out from May 1, 2010. Councilmember Barr stated the Board has worked very long and hard on this with committees and subcommittees to make sure and come Wednesday to see the proposed Master Parks Plan. ...► ��_._.._���� .—� 02/22/2010 3280 � COMMUNICATIONS FROM THE PUBLIC Dr. Susan Pickle addressed Council and stated she is a veterinarian and has been to the animal shelter, the facility is a blemish on the community, it is not compliant and even with work done it will be difficult to make a minimum standard of care. The City will need to promote adoption and make it a friendly place to come to. Tina Wood, Friendswood resident, addressed Council and stated she is with Friendswood Animal Advocates and a volunteer at the animal control facility. Ms. Wood stated the City should do fund raising and gave Council a handout and stated the shelter is too small. The volunteer program has three volunteers and has no room for more, the facility is prone to flooding and the building is not structurally sound, there are cracks in the concrete leaving it an unsafe environment for officers and animals. The City is in the top 100 and is out of sync with our vision of excellence. Shirley Pearce, Friendswood resident, addressed Council and stated Friendswood Animal Advocates would like to make the shelter more accessible, need to be more animal friendly, citizens of Friendswood love their animals and would be shocked if they saw the facility. Ms. Pearce stated she is not attacking animal control officers or Council since the animal shelter was there before them, this is a flood prone building, sick animals are with healthy animals and would like for everyone to look for Friendswood Animal Advocates on Facebook. Sandy Burchsted, Friendswood resident since 1981, addressed Council and stated the City prides itself on volunteerism and was under the assumption that the animal control facility was at par with the rest of ,,,� City buildings, capturing and euthanizing animals is more expensive than feeding, caring and adopting animals, is not looking for a Dog Mahal but the City needs a quality facility. Laura Konet, Friendswood resident, addressed Council and stated she is with the Friendswood Animal Advocates group, has three dogs and back in the Fall of 2009 she was bit by one of her dogs, was checked by a physician and the law states a dog has to be quarantined if bitten and the dog was sentenced to 10 days at the animal control facility. There was no room to separate sick dogs from healthy ones, it was a horrible situation, stated she takes in strays that she finds and takes care of them until the owner can be found. Snookie Williamson, Friendswood resident since 1983, addressed Council and stated she found a lost dog in 2007, went to the shelter and got so upset that she left a donation, was waiting on a picture to be seen of this dog and never saw one, a volunteer with the shelter saw her campaign that she started to raise funds and joined with her. City Council did not create the problem but expects a solution now that Council is made aware, needs an acceptable remedy. Deirdre Carey Brown, Friendswood resident, addressed Council and stated she wants to talk about the Capital Improvements Plan (CIP) where Council discussed building a facility in 2009. Council has an advisory committee already with the Friendswood Animal Advocates and would like to get this started. Bobbie Jones, Friendswood resident, addressed Council and stated she has lived in Friendswood since 1983 and cannot believe the animal facility is so bad. Ms. Jones stated the City has a fire department at Forest Bend where there are no firefighters or fire trucks. A television news crew was recently seen at the fire station and when she asked them what the news crew were doing there she was told they were doing a report on the fire station. Ms. Jones stated she would like to know what happened with the grant. Forest Bend gave the City money and the City was going to make some changes to it. The City went for ,._. the grant and no one has heard what happened with the grant. The fire station may need to be torn down and rebuilt. The City should not have poor fire coverage and cannot have it in this City. Council was 02/22/2010 3281 ..� reaily good to Forest Bend but somebody needs to get moving because the City cannot have a fire station sitting where it is doing nothing, would like Council to look into completing the fire station. Mayor Smith explained what was discussed at the earlier workshop regarding the Permitted Use Table amendments. Mark Tilley, Friendswood resident, addressed Council and stated in the Capital Improvements Plan it stated the City will receive input from citizens on changes and all citizens concerns are heard, also that the changes are within the Vision Statement. Mr. Tilley stated he lived near the zoning area in 2001 and he should have been notified that there was going to be a change to the Community Shopping Center (CSC)to add Accommodations. Stacy Pagel, Friendswood resident, addressed Council and stated she spoke with a gentleman who knew about the hotel and understands this facility needs a detention pond. Ms. Pagel stated the hotel would be an eyesore and would be an environmental impact and understands the City's hands are tied. The City would need to come up with a compromise, still needs site plan approval and building permit. Ms. Pagel stated if a quality hotel is a finro star hotel then that does not meet expectations of future homeowners. Curt Roberts, Friendswood resident, addressed Council and stated he is with the Boca Raton Homeowners Association (HOA) and has lived there since 1993. The property in front was zoned Community Shopping Center (CSC) back then and in 2001, Accommodations was added. Mr. Roberts stated he thought the HOA would receive notification, these types of establishments are breeding grounds for crime, there was a burglary at a day care early in the morning recently and the burglars were from Florida staying at a two star hotel in Webster. There are many children in the area and this is not a � positive for this community. Nancy Drobniak, Friendswood resident, addressed Council and stated her property abuts to this property and has lived there 17 years and would lose equity in her home. The property was replatted and would like this development stopped. Stan Medenhall, Friendswood resident, addressed Council and stated this is ridiculous, wants to know who championed the hotel and who would stay at this hotel. The hotel is going to be across from a school, this is the most bizarre thing he has seen a local government do and asked if Council or family members will stay at this hotel, the City could have done something earlier and will vote all of Council out of office. Robert Ballentine, addressed Council and stated he is opposed to the hotel and turned in petitions to Council. Mr. Ballentine stated before 2001 this hotel could not have been built. The Community Shopping Center (CSC) zoning did not permit this kind of construction and stated he read an ad that was put in the paper for when the zoning was changed, no one was notified within 200 feet and it was against the law. If a recommendation was not given by the Planning and Zoning Commission then it is also against the law. This should be avoidable, a meager notice was given in the newspaper and no notice was given to nearby property owners. Linda Houle, Friendswood resident, addressed Council and stated she bought the very first house in Boca Raton and asked the builder what kind of building would be built in the commercial area and they stated a day care or some other type of small business and now there is a restaurant, bar and others. Ms. Houle stated she was shocked when she found out a hotel was going to be built and nothing could be done to stop the hotel being built. Ms. Houle asked who is watching out for the betterment of the community and stated this will impact property values. �,., 02/22/2010 3282 Vincent Detmer, Friendswood resident, addressed Council and stated he believes he lives within 200 ft. and is going to work very hard to try to prevent this. In 2007 a hotel feasibility study was done with recommendation to not build one, there is no reason for this motel to exist in Friendswood. Mr. Detmer asked who will stay in the hotel and stated the crime rate will go up, there will be drainage concerns and water pressure concerns and will continue to fight this. Micah Schott, Friendswood resident, addressed Council and stated he is here because he just moved and stated no one wants a hotel in their back yard. Mr. Schott stated he has children and their safety is his number one concern, the hotel is too close to the school, there is nothing nearby to support this hotel, property values will go down and is opposed to this hotel being built. Mindy Comstock, Friendswood resident, addressed Council and stated she lives in Keystone Meadows and has children who will be going to Windsong Intermediate School next year. Ms. Comstock has stated she has seen stabbings, shootings and rapes that happen at these hotels, pedophiles live in hotels, she has worked as a fireman and other jobs where she has seen these things happen, she stated she will be at the next meeting and the next after that. Hannah Comstock, Friendswood resident, addressed Council and stated she will go to Windsong Intermediate next year and is afraid of the people that will be staying in the hotel. Karim Mohammed, Friendswood resident, addressed Council and stated he moved from Virginia and lives in Boca Raton. Mr. Mohammed stated if he had known a motel was being built he would not have moved to this neighborhood, works in clinical research and travels, his company will not let employees „�., stay in a two star hotel or under because of safety issues. There is crime, high HIV infection rate and other bad things will increase if it is built and will consider leaving. ACTION ITEM **Councilmember Barker moved to approve funding for the proposed animal control facility. Seconded by Councilmember Hill. The motion was approved 4-3 with Mayor Smith and Councilmembers Holbert and Rivera opposed. CITY MANAGER'S REPORT City Manager Roger Roecker reported on the Court Administrator achieving the Advanced National Certification. The National Center for State Court, Institute for Court Management sponsors the Certified Court Manager (CCM) Program. The Texas Municipal Court Education Center brought this program to Texas from Williamsburg, VA. Areas of study include human resources (hiring, firing, performance measures), budget, finance, information technology, leadership, management and areas specifically related to managing a court. The City's Municipal Court Administrator, Karen Renfrow, completed the management program on February 5, 2010, and achieved the status of Certified Court Manager. Only 30 participants from the State of Texas completed the program, although there are over 1,000 municipal courts in the State. Karen began working as an assistant court clerk in the City's Municipal Court over 12 years ago. She was promoted to Municipal Court Administrator in 2001 and achieved the highest level of certification through the Municipal Court Clerk Certification Program, earning the title of Certified Municipal Court Clerk. Participants achieve certification upon successful completion of each of three levels, earning the titles of Certified Clerk Level I, Certified Clerk Level II and Certified Municipal Court Clerk. Participants in the program must pass a certification test to advance at each of the three levels and must have completed 40 hours of training. Maintaining the certification requires participating in ,.�..., ongoing judicial education programs annually. The City is very proud of Karen's achievements and commitment to maintain a professional court Staff. 02/22/2010 3283 � The City Manager reported on Laserfiche WebLink that provides access to City records. The City of Friendswood is pleased to announce the latest in its efforts to increase communication with the public, provide information and access to the City's records. In 2005, the City implemented a Laserfiche Document Management System where the City Secretary's Office scanned minutes, ordinances, resolutions, contracts, deeds and other documents to provide access and search capabilities to City employees. Those scanned records are now available to the public online through Laserfiche WebLink. This process provides access to documents and information through a self-serve link on the City's website. All documents are indexed by subject matter. Users will be able to locate scanned documents with a variety of search options, including browsing folders, full-text searches and capability to export images to Adobe format for high-quality printing and e-mail capability. The City Manager reported on the new air conditioning unit planned for the City Secretary's Office(CSO). A month ago, one of City Hall's eleven air conditioning and heating units failed. This unit served the City Secretary's Office. Fortunately, the climate this time of year has not created an absolutely unbearable atmosphere in that office, but it is still uncomfortable throughout most of the day. The City has applied for an $86,365 grant from the State Energy Conservation Office (SECO) that will replace the unit that failed in January. While the City expects to hear back from SECO in March, the City is currently unsure when it will be able to make that necessary replacement. If, and when the City is approved, the energy efficiency money is designed not only to replace the CSO HVAC unit, it will also make a number of improvements to City Hall's air and heating needs. However, while the City waits for approval on this new grant, the City cannot allow the City Secretary's Office personnel to suffer any longer. With temperatures soon to warm up, and no clear sign on when the City can purchase the new unit, Staff intends to purchase a new ten- ton unit to serve CSO until the City acquires the new energy efficient units with the SECO money. The ,�,, plan is to not let this ten-ton unit go to waste. If, and when another one of our other units fail at City Hall or another City facility, this ten ton unit can be pulled out of storage and be used as a replacement. The cost for the new HVAC unit will tide the City over until the SECO funding of$9,775 is received. The City intends to place this item on the March 1, 2010, Council agenda in the form of a Budget Amendment. The City Manager reported on the City earning the Leadership Circle Award. The City of Friendswood has received notification from the Texas State Comptroller's Office of receiving the Gold Leadership Circle Award for implementing financial transparency. The City earned a GOLD Leadership Circle Award by scoring 14 of 15 possible points on the ratings criteria, and currently is one of only nine Texas cities receiving this recognition. This award designation is valid for one year, at the end of 12 months, the City can resubmit an application to re-qualify for another Leadership Circle Award. Staff has been informed that the City of Friendswood has been added to the listing on the State Comptroller's Office website at Texas Transparency Check-Up and should receive the certificate within ten business days. The City Manager reported on the FM 518 Drainage Project. The City recently awarded a contract to SER Construction Partners, Ltd. for the FM 518 Drainage Improvements Project from Willowick to Cowards Creek. The estimated nine month project is set to commence March 1� 2010. Initially, construction activity will take place at the two outfalls for the drainage improvements, Cowards Creek and Clear Creek. Once the contractor makes their way to FM 518, a single lane of traffic will be shut down in order to install the parallel storm sewer facility within the medians. Existing trees in the medians will be relocated to other City facilities and subsequently replaced once the new lines are installed. In the coming weeks, residents will be notified on the impending construction project with signs along FM 518 in both directions, notices on the City's reader board sign in Stevenson Park, Groupbuilder/Twitter accounts and First Call. Additional roadway closures are anticipated along Stones Throw Avenue and East Castlewood, detour routes will be included in the notices. ...� 02/22/2010 3284 � ACTION ITEMS **Councilmember Holbert moved to approve the appointment of Deputy City Secretary, Melinda Welsh as Interim City Secretary. Seconded by Councilmember Rivera. The motion was approved unanimously. **Councilmember Barr moved to approve surveying for the Stadium Lane Project and authorizing the City Manager to execute a contract. (Tabled February 1, 2010). Seconded Councilmember Rivera. The motion was approved 6-1 with Councilmember Barker opposed. Councilmember Barker read a prepared statement and stated it has become clear that funding the Stadium Lane project has been prioritized in front of many worthy projects that have been needed for years. After the lengthy statement several Councilmembers made a rebuttal in response. "*Councilmember Reid moved to approve authorization for the rehabilitation of the HazMat trailer to a Communications Unit. Seconded by Councilmember Rivera. The motion was approved unanimously. "*Councilmember Reid moved to approve ratifying and confirming expenses for the Friendswood Youth Committee to attend the Texas Youth Advisory Commission Summit in DeSoto. Seconded by Councilmember Barr. The motion was approved unanimously. CONSENT AGENDA ,..... **Councilmember Rivera moved to approve the Consent Agenda as presented A. Authorize the sale of the Friendswood Volunteer Fire DepartmenYs 1986 Pumper Truck to the City of Madisonville Volunteer Fire Department. B. Authorize the acceptance of streets, drainage, and utility infrastructure improvements associated with the West Ranch, Creekside Section III project for the contractor's one-year maintenance period. C. Accept January 2010 Property Tax Report. D. Approve Minutes of January 25, 2010, Meeting. Seconded by Councilmember Hill. The motion was approved unanimously. Councilmember Reid left the meeting at this time. ACTION ITEMS **Councilmember Rivera moved to approve a request from CenterPoint Energy to allow authorized CenterPoint employees to remain in the City in the event of an ordered evacuation and authorize the Mayor to execute a letter to that effect. Seconded by Councilmember Holbert. The motion was approved 6-0. *'`Councilmember Rivera moved to approve authorizing the Mayor's signature certifying that the City of Friendswood is compliant with the NIMSCAST assessment and the TRRN (Texas Regional Response Network). Seconded by Councilmember Holbert. The motion was approved 6-0. .... 02/22/2010 3285 .... RESOLUTIONS **Councilmember Hill moved to approve Resolution R2010-10 - 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, an interlocal agreement by and befinreen the City and the Dickinson Bayou Watershed Steering Committee for issues relating to engineering and operating costs. Seconded by Councilmember Rivera. The motion was approved 6-0. Councilmember Barr left the meeting at this time. **Councilmember Rivera moved to approved Resolution R2010-11 - a Resolution of the City Council of the City of Friendswood, Texas, urging the Texas Congressional Delegation to request and support continued funding for the U.S. Army Corps of Engineers General Reevaluation Report on Clear Creek for the fiscal year 2011. Seconded by Councilmember Hill. The motion failed 3-2 with Councilmembers Hill and Barker opposed. ORDINANCES **Councilmember Hill moved to approve the Second and Final reading of Ordinance No 2010-04, an ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix B "Subdivisions", and being an ordinance providing rules and regulations governing plats and the subdivision of land, by amending Section II, Subsections (b) and (c) to require submission and approval by the appropriate drainage district as a requirement for preliminary and final plat approval by the City; by amending Section III, subsections (a), (g)(1) and (i)(4) to simplify language concerning private streets and to correct inconsistencies and typographical errors in the subdivision general requirements; 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 approved 5-0. **Councilmember Hill moved to approve the First reading of Ordinance No 2010-05, an ordinance of the City of Friendswood, Texas, finding and determining that public convenience and necessity no longer require the continued existence of a 19,999 square foot(0.4591 acre)tract of land, being all of Queens Lane, located within the City of Friendswood, Galveston County, Texas; vacating, abandoning, and closing said public right- of-way; authorizing the Mayor to execute and the City Secretary to attest, respectively, a quitclaim deed conveying said abandoned easement to the property owner; providing for severability; and containing other provisions relating to the subject. Seconded by Councilmember Holbert. The motion was approved 5-0. No motion was made on Ordinance No 2010-06, 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 1.6554 acres located at 1108 Coward Creek Drive within the City from Single Family Residential (SFR) to Single Family Residential - Estate (SFR-E), such tract also being Lot 5, Coward Creek Subdivision, Section I, as recorded in Volume 15, Page 11 in the office of the County Clerk of Galveston County; also being 1.6554 acres out of and part of Lot 2 and 4, Block "F" of Central Park Subdivision, Sarah McKissick or J.R. Williams League Surveys, Galveston County, Friendswood, 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. � 02/22/2010 3286 � "*Councilmember Rivera moved to approve the First and Final reading of Ordinance No. 2010-07, 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 III" 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 Hill. The motion was approved 5-0 Councilmember Rivera made a motion to approve the First reading of Ordinance No 2010-08, an ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Chapter 14 "Building and Building Regulations" by adopting the 2009 International Building Code, 2008 National Electrical Code, 2009 International Plumbing Code, 2009 International Mechanical Code, 2009 International Fuel Gas Code, 2009 International Energy Conservation Code, 2009 International Property Maintenance Code, and 2009 International Residential Code for one-and two-family dwellings, with local amendments thereto; providing other matters relating to the subject; 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. Councilmember Rivera withdrew his motion as did Councilmember Holbert. No action was taken. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS ..... Mayor Smith and Councilmembers stated they had no report. A motion was made and approved to adjourn at 10:37 PM. Mayor David J.H. mith Attest: o� F R�ENps . �`�� � � O � O elinda Welsh, TRMC v v Interim City Secretary * * �j,��F �F SE+Q,y �