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HomeMy WebLinkAboutCC Minutes 2010-04-05 Special 04/05/2010 3303 ,�. STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( APRIL 05, 2010 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, APRIL 05, 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 JIM HILL COUNCILMEMBER LESLIE REID COUNCILMEMBER BILL HOLBERT COUNCILMEMBER JIM BARR CITY ATTORNEY BOBBY GERVAIS CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH Councilmember Barker was absent from the meeting. 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 matter in which the duty of the attorney requires it (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 Manager, 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 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. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS Mayor David Smith presented a proclamation for Public Safety Telecommunication's Week to Friendswood Police Department Lead Communication Officer Michele Brown. ,,,_, Mayor Smith presented a proclamation for Administrative Professional's Week April 18-24, 2010, to Sharon Parks, Administrative Assistant in the City Secretary's Office. 04/05/2010 3304 � COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS An annual report was given on the Friendswood Library from Library Board Chair, Pamela Beeth who recognized the youth in the audience that support the library and stated that the Friendswood Library is unique, gave a glowing report of the library and Staff, reported that the library needs a part-time Staff person, Staff is always pleasant. The library has 2 reference librarians that can find anything and all the Staff and volunteers are excellent in their particular roles but do not have much room to do their jobs. Staff members are creative with the best customer service but not enough room for clear delineation of services. The number of computers and patrons using them continues to increase. Teens need a place designated for them and feels there is not enough height, width or space for everyone and it is crowded. The number of people using the library has increased by 10,000 and it is a very busy library with having to turn away kids at some of the children's programs because it is too crowded and that is sad. The library has over 700 different programs offered and the website also has a lot of information on it and is a great resource. Friendswood is raising great kids. Library Board members Elizabeth Finger, Ted Thomas, Mike Czarowitz, and Ruth Lay attended the meeting and were recognized. JOINT DOCKETED PUBLIC HEARING Mayor Smith and Planning and Zoning Commissioner Hassan Moghaddam called a Joint Docketed Public Hearing to order to receive comments from the public, either oral or written, regarding a zone classification change request for 2.648 acres, located at 910 Cowards Creek Drive, Galveston County, from Single Family Residential (SFR)to Single Family Residential—Estate(SFR-E). No one spoke in favor or against the proposed amendment to the zoning ordinance. Hearing no further comments, Planning and Zoning Commissioner Hassan Moghaddam closed this � portion of the Joint Docketed Public Hearing. Mayor and Council kept this Joint Docketed Public Hearing open. RECONVENE PUBLIC HEARINGS Mayor Smith called a Public Hearing to order, to receive comments from the public, either oral or written, regarding the Zone Classification change request for a tract of land containing 1.6554 acres in the Sarah McKissick or J.R. Wifliams 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 in favor or against the proposed amendment to the zoning ordinance and hearing no further comments, Mayor and Council closed this 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 the Permitted Use Table to clarify references to certain uses, incorporate and also correct inconsistencies and to more specifically describe them by use of the 1997 NAICS (North American Industry Classification System) reference numbers. Change NAICS use #3391 Medical equipment & supplies manufacturing, from "permitted" (P) to "office use only" (0) in Office Park District (OPD), Permit NAICS use # 531120 Lessors of non-residential buildings (Banquet and Event Center use only), in Community Shopping Center (CSC), Downtown District (DD), Planned Unit Development-Mixed Use (PUD-Mixed use), Light Industrial (LI) and Industrial (I) by adding a "P". Also, allow this use in Planned Unit Development(PUD)with a Specific Use Permit(SUP) by adding an "S", Change NAICS use � #721 Accommodations to require a Specific Use Permit (SUP) in each of the zoning districts that the use 04/05/2010 3305 � is currently"permitted" in by changing the"P" to an "S" in Community Shopping Center(CSC), Downtown District(DD), Planned Unit Development— Mixed Use (PUD-Mixed Use), Light Industrial (LI), Industrial (I) and Business Park (BP), Change NAICS use #7224 Drinking places (alcoholic beverages) to require a Specific Use Permit (SUP) in each of the zoning districts that the use is currently "permitted" in by changing the "P" to an "S" in Neighborhood Commercial (NC), Downtown District (DD), Planned Unit Development — Mixed Use (PUD-Mixed use), Light Industrial (LI) and Business Park (BP), Permit Multi- family dwellings in Downtown District (DD) on the second floor by adding "P(a)" ("a" being the note that this use is only allowed on the second floor). Downtown District verbiage already allows residential on the second floor. This change will reflect it on the PUT, Permit Single-family dwellings in Downtown District (DD) on the second floor by adding "P(a)" ("a" being the note that this use is only allowed on the second floor). Downtown District verbiage already allows residential on the second floor. This change will reflect it on the PUT, Permit Home Occupation in Agricultural District (A-1) by adding a "P". Single family homes are already allowed in this zoning district, Permit Swimming pools in Agricultural District (A- 1) by adding a "P". Single family homes are already allowed in this zoning district, Change to permit NAICS use #531120 Lessors of non-residential buildings (Banquet and Event Center use only) in Neighborhood Commercial (NC) by adding a"P". Mayor Smith asked if anyone would like to speak and reminded Council of issues spoken before by citizens regarding safety, drainage, property devaluation, privacy, unsavory occupants of hotel/motel with possible criminal activity and others. Charles Prendergast, Friendswood resident, addressed Council and stated he is on the board of the Boca Raton Homeowners Association (HOA) and is speaking in favor of changing the Permitted Use Table (PUT) and would like Council to unanimously approve making this change and do as soon as possible, ._.. asked people in favor to stand and quite a few audience members stood. Curt Roberts, Friendswood resident, addressed Council and stated he is on the board of the Boca Raton HOA and would like for Council to consider changing this zoning. Deirdre Brown, Friendswood resident, addressed Council and stated Council allowed audience to clap and that is usually not allowed, the concern is a notice issue, would like to make sure the City is on firm footing and that the notice is adequate, this is the same notice as in 2001. Asked Council if there is a legal opinion regarding notice and no one responded. David Buckner, Friendswood resident, addressed Council and stated he is in favor of making the change and is in favor of going further. If change is made to make Accommodations a Specific Use Permit(SUP) then remove Accommodations from Permitted Use Table (PUT) so Council does not have to go through this every time. Mayor Smith stated this question has come up before and explained that Council has to follow zoning rules and laws so has to take up the issue every time because they have other ways to do it, cannot wipe the slate completely clean to make it go away. Any landowner can make a request for a Planned Unit Development(PUD)type of zoning. Stacy Pagel, Friendswood resident, addressed Council and asked if this change would effect the proposed hotel owner and Mayor stated it is not on the agenda so Council cannot really discuss. Ms. Pagel asked if the City can maintain their ranking as one of the best cities in the U.S. and does the school district know about this proposed hotel. Mayor explained that anyone has the opportunity to speak at the Public Hearing. „� Jackie Gibson, Friendswood resident, addressed Council and stated citizens should pay attention but Council is supposed to be representing citizens. 04/05/2010 3306 � Hearing no further comments Council closed the Public Hearing. COMMUNICATIONS FROM THE PUBLIC Rob Lynch, Friendswood resident, addressed Council and stated he has lived in Friendswood 15 years and it is unacceptable that Mayor and Council have not responded or stated one word about the hotel issue. The City does not need secrets and it is disappointing and upsetting that the City has a Council that does not recognize the citizens. Fred Krch, Friendswood resident, addressed Council and stated he commends Mayor Smith for going to Washington, DC, but it was an exercise in futility since the President has been shutting down things in Texas. Mr. Krch discussed items on the Animal Shelter and on expanding the library with Friendswood Independent School District(FISD). Kent Canion, Friendswood resident, addressed Council and stated he is speaking in opposition of the proposed parking project on Stadium Drive. In 1984, he and his wife started using the easement area for landscaping because they heard it would level the easement area and stated it sounds like a lot of taxpayer money for very little use. Ruben Garcia, Jr., with the Planning and Zoning Commission came back in Council Chambers at this time and announced that both items of the Public Hearing passed unanimously. Dr. Pat McGinnis, Friendswood resident, addressed Council and stated he is a candidate for Council Position 4 who came here from League City and loved all the trees in Friendswood. He stated he is a physician and did his training at UTMB and worked as a NASA physician and now works for Memorial Hermann and is a Colonel for reserves. He stated he has a long history of public service and is running "� because of the Certificates of Obligation (CO's) issue and Council bringing a lawsuit against the citizens, this is not the way a democracy should work, is also happening on a federal government level with healthcare reform. Neighbors were all glad to meet him and thanked him for running and stated Friendswood should respect its heritage. Sandy Burchsted, Friendswood resident, addressed Council and stated she is a member of the Animal Advocates and thanked Council for their vote in moving forward with the animal facility, hopes that action tonight is to move forward and not wait on a bond vote, handed in a petition to the City Secretary and stated she would like to build close to the Moore Road site since it seems to be the most cost effective. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS A detailed report was given from Kevin Sanford with Weaver and Tidwell, LLP, on the 2009 Comprehensive Annual Financial Report(CAFR). Councilmember Reid asked if the fund balance includes emergency fund and Mr. Sanford stated yes. A report was given from the Animal Shelter Advisory Committee by Chairman Dr. Alexander Young who stated he would like to have public hearings on the three sites proposed which are Baker Road, FM 528 at Moore Road near the water tower and the current Deepwood site. Councilmember Barr asked if the committee had had a chance to review the sites and Dr. Young answered yes. Dr. Young stated Deepwood has had flooding problems so he does not prefer this site. The obvious to ,_,� the committee is the FM 528 tower site because it has the lowest preparation cost to get started. The problem with that site is the surrounding area with the public. The property has great visibility from FM 04/05/2010 3307 ,�, 528. If the City can get a design that would prevent noise problems for nearby residents then it has an advantage because of cost factors. Baker Road has good prospects but development cost is enormous but is not near residents. Councilmember Barr stated he hopes the committee gets with Staff on the options and appreciates the work they have done, asked to make sure residents in those areas are notified and get their input. Dr. Young stated he is concerned with potential noise problems at the tower site but there is a way to prevent some of that. ACTION ITEMS ''*Councilmember Hill moved to approve giving direction to the City Manager regarding the site of the future Animal Shelter Facility. Seconded by Councilmember Reid. Councilmember Hill stated he would like to spend more money on the facility than the land. The FM 528 site and Deepwood site are the only two sites that the City owns, would have a problem leasing land from anyone, would rather own it and asked the City Manager to schedule a Public Hearing for input from Windsor Estates and Sterling Ridge subdivisions who are nearby. Councilmember Rivera stated he does not want to micromanage, would like to give direction to the City Manager for 3 sites and to discuss with Staff. Council needs to get a full report from City Manager before making a decision on a specific site and stated he is not in favor of the Deepwood site because of past ,�„r, flooding issues. Councilmember Reid stated she would like to remove the Deepwood location off of the list of consideration since there is flooding problems and no one likes it. Mayor Smith stated he agreed. Councilmember Holbert asked Councilmember Hill what type of hearing he would like to have and Councilmember Hill stated he would like to have a town hall meeting with the committee and make it more informal. Councilmember Holbert asked if Councilmember Hill would change his motion to direct the City Manager to arrange that. Mayor Smith stated the City Manager has rules to meet to develop an animal control facility. City Manager Roger Roecker stated he does not know if there is a requirement for a Public Hearing but it is a good idea to have the committee involved and have a town hall meeting. Mayor Smith suggested contacting Homeowner's Association's (HOA) near the FM 528 water tower site and citizens within 200 ft and asked Dr. Young if that sounds okay and Dr. Young stated yes. Councilmember Holbert stated he thinks it is a good idea to meet with the committee and asked Police Chief Wieners if this would slow anything down and Chief stated no. Councilmember Barr stated the Parks and Recreation Board did an open house that was received well, should give a presentation of 2 sites, the concept and funding options. Councilmember Rivera stated Council should only have one public hearing to keep the ball rolling and move forward. � Chief Wieners stated the City has made progress tonight by narrowing down the shelter to 2 sites. 04/05/2010 3308 ..,� '`'*Mayor Smith amended the main motion to give the City Manager direction to narrow the scope to FM 528/Moore Road and Baker Road sites and to ask for public input through a Public Hearing Town Hall format in conjunction with the Animal Control Committee at the nearest opportunity. The motion was approved unanimously. CITY MANAGER'S REPORT City Manager Roger Roecker reported on the Deepwood Lift Station and Force Main Projects and stated the City's Deepwood Lift Station and Force Main projects are almost complete. This has been a very important City project, as this lift station transports some 70 percent of Friendswood's wastewater to the Blackhawk Wastewater Treatment Plant. The lift station itself is fully operational. The old Deepwood Lift Station has been removed and the City is currently working closely with the projecYs contractor as the City nears substantial completion. While the old lift station was operating at maximum capacity and nearing the end of its service life, this new station is sized correctly for the community's build-out, and will certainly cut down on maintenance and service interruptions. The Deepwood Force Main, which serves to connect the Deepwood Lift Station to the Blackhawk plant, has already reached substantial completion, and the contractor is currently getting ready for this project's final completion. This new and improved HDPE pipe is very flexible, resilient, and a huge improvement from the previous system that was in place. He stated on behalf of the City Staff, I wish to thank City Council for their leadership as Staff worked to complete the Deepwood project. The community is better prepared as a result and expect to see great results from this new and improved public infrastructure. The City Manager reported on the Texas Department of Rural Affairs (TDRA) approval received for recovery projects and stated the City recently received notification from the Texas Department of Rural Affairs (TDRA) that all of the City's disaster recovery projects have been approved, including the generator and extensive repairs to Fire Station #3. While the City already knew that $2.369 million had �"' been approved by TDRA for water, sewer and fire protection system improvements, the City has been waiting for approval for the Fire Station #3 repairs. The City will be receiving approximately $367,000 in disaster recovery funding to make repairs to the City's Fire Station #3 located in the Forest Bend subdivision. The station, which was damaged during Hurricane Ike, will receive a new generator with slab and electrical work, roof replacement and hardening, interior wall replacement, new flooring, and window and door hardening. As a result of this TDRA funding, improvements will be made to Station #3 that will create a facility that is much better prepared to handle emergency conditions than the one that existed before Ike hit. This latest notice of the City's Fire Station #3 funding is the final component of a $2.5 million disaster recovery grant that the City has already received from TDRA. In addition to these Fire Station #3 improvements, the City will also use this funding for natural gas generators for Friendswood's Fire Stations 1 and 2 as well as natural gas generators for SurFace Water Station #1, Water Well #2 and 33 of Friendswood's 35 Lift Stations that do not already have generators. The grant was made available to communities like Friendswood that were under a Presidential disaster declaration resulting from Hurricane Ike in 2008. There are the finro award letters from TDRA totaling $2,555,358 for the City's supplemental disaster recovery grant funding and confirming that Fire Station #3 improvements have been approved with this grant award. The City is making plans for the implementation of the projects, which are numerous. At this time, the City is awaiting a contract agreement from TDRA for the City's review and signature. Mayor Smith thanked Staff for their hard work on this. City Manager Roger Roecker reiterated that Forest Bend Fire Station is in use but no firefighters are currently staying there. ACTION ITEMS .s.. 04/05/2010 3309 '"'Councilmember Holbert moved to approve an Interlocal Agreement with the Houston-Galveston Subsidence District to participate in the Water Wise Conservation Program and authorizing the Mayor to execute the agreement. Seconded by Councilmember Barr. The motion was approved unanimously. Councilmember Holbert explained what this item is and stated his third grade son is involved in something similar, and his son is a Watt Watcher at his school. Mayor Smith stated his fifth grader has given him the same learning experience with conserving water while he brushes his teeth. Public Works Director Kaz Hamidian stated the City will earn groundwater credits. The City currently uses 5 million gallons a day. Councilmember Holbert stated with this program the City is basically receiving 44 million gallons of water for$20,000 and is a good deal and teaches kids to conserve water. "*Councilmember Barr moved to approve the Stadium Lane Parking Project with engineering and design. Seconded by Councilmember Holbert. Councilmember Barr stated during the season there are 500-600 kids, left the ballpark Friday night and was driving in middle turn lanes because the parking is so bad. Youth Sports is trying to add more programs and is concerned about parking. Mr. Barr stated he is in support of this but is trying to find a way to appease the residents out there. ,,.._.. Community Development Director Morad Kabiri stated can make alternate plans and then decide which route to go. Staff can do the engineering in-house and can save $40,000 - $50,000, is fully staffed and can do it. Councilmember Reid stated that surveying had only been approved and that has taken place. Councilmember Holbert stated Council last discussed Option 1 which was angled parking to preserve the middle turn lane and both lanes of traffic, thinks it will also be a benefit for drainage in the Annalea Subdivision and for Friendswood Independent School District(FISD). Councilmember Reid stated the City can preserve the trees with Option 1 and Mr. Kabiri stated he can look at those options with the bid. Councilmember Rivera stated Council made the same effort with the City Hall parking lot expansion. ***Councilmember Barr amended his original motion to approve Option 1 of hard cost, what it will actually cost the City to do the projects and would like to move for approval for the engineering and design studies to be done so that information could be provided to Council. Seconded by Councilmember Holbert. The motion was approved unanimously. No motion was made regarding the annual performance evaluation of the City Manager. ""Councilmember Holbert moved to approve the appointment of Melinda K. Welsh as the new City Secretary at a pro-rated salary of$76,200. Seconded by Councilmember Rivera. The motion was approved unanimously. 04/05/2010 3310 � Councilmember Hoibert stated he could not think of anyone who deserves the position more than Ms. Welsh, who has stepped up and done a great job since day one. There has been trial by fire and there has been a lot of trial and a lot of fire and Ms. Weish has handled it very well. Councilmember Hill thanked Melinda Welsh for what she has done in the past and her past performance is the reason she has been chosen to be City Secretary and looks forward to a long tenure for Ms. Welsh as she is capable and will serve the City well. Councilmember Barr stated he agrees with Councilmember Hill and stated with the work Ms. Welsh has done she has shown Council she could do the job and with a smile on her face. Councilmember Rivera stated that if Council looks at the smiles of the City Secretary's Staff then that shows that Council has made the right choice in choosing Ms. Welsh. Councilmember Reid stated the City of Friendswood is very fortunate to have someone who has the experience already and it has been seamless. Mayor Smith stated Council appreciates all the good work Ms. Welsh has done and looks forward to the continued relationship between Ms. Welsh and the City of Friendswood. ORDINANCES '`*Councilmember Rivera moved to approve the Second and Final reading of Ordinance 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 unanimously. ""Councilmember Barr moved to approve the First reading of Ordinance 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. (No action taken on February 22, 2010) Seconded by Councilmember Hill. The motion was approved unanimously. ...a 04/05/2010 3311 _... ""Counciimember Reid moved to approve the First reading of Ordinance 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 finro-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. (No action taken on February 22, 2010. Revised) Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Rivera moved to approve the Second and Final reading of Ordinance 2010-09 - an Ordinance of the City of Friendswood, Texas amending Chapter 10, ANIMALS, of the City of Friendswood Code of Ordinances, by adding a new Article VII, "Animal Shelter Advisory Committee"; creating an Animal Shelter Advisory Committee; defining the committee's purpose; establishing the composition of the committee; having a severability clause; providing for codification; and providing an effective date and for publication. Seconded by Councilmember Reid. The motion was approved unanimously. **Councilmember Reid moved to approve the First reading of Ordinance 2010-11 - an Ordinance amending Appendix C of the Friendswood City Code, said Appendix C being Ordinance No. 84-15, as amended, originally adopted the 19th day of November, 1984, and being the Zoning Ordinance of the City, by amending the Permitted Use Table contained in section 7-P to amend the permitted uses, descriptions and/or NAICS use numbers for: medical equipment & supplies manufacturing, lessors of ,,,_,,,, non-residential buildings (Banquet and Event Center use only), accommodations, drinking places (alcoholic beverages), single and multi-family dwellings in Downtown District on second floor, home occupation and swimming pools in Agricultural District, and restricting where such uses are permitted; correcting inconsistencies and typos in the current Permitted Use Table and adopting a new Permitted Use Table; 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 Rivera. The motion was approved unanimously. Councilmember Reid thanked the citizens for their input and stated she appreciates their patience. Councilmember Rivera stated this allows Council to be more involved in these types of decisions in the future. Councilmember Barr stated he would like to have a Staff and Public Committee that reviews these documents for the future and that goes over all needed changes. '`''Councilmember Barr moved to approve the First reading of Ordinance 2010-12 - 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 2.648 acres located at 910 Coward Creek Drive within the City from Single Family Residential (SFR)to Single Family Residential - Estate (SFR-E), such tract also being known as Tract 8-A, out of Lot 3, Block B, Central Park Subdivision, according to the map of Central Park Subdivision recorded in Volume 105, Page 151, in the office of the County Clerk of Galveston County, J. B. Williams or Sarah McKissick League, 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. Seconded by Councilmember Rivera. The motion was approved unanimously. 04/05/2010 3312 � ''*Councilmember Holbert moved to approve the First reading of Ordinance 2010-13 - an Ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Chapter 30 "Fire Protection and Prevention", Article III. "Fire Codes" by adopting the 2009 International Fire Code and the 2009 Life Safety Code; adopting 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 Reid. The motion was approved unanimously. Councilmember Holbert stated this helps the City's insurance rating. **Councilmember Reid moved to approve the First and Final reading of Ordinance T2010-14 - an Ordinance amending City of Friendswood, Texas, Ordinance No. 2009-22, passed and approved April 5, 2010, same being an ordinance approving and adopting the City's General Budget for fiscal year 2009- 2010, by approving "Budget Amendment V" 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 Rivera. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Hill reported on the present and future legal services for the City and stated Council has refused to address this issue for a year, because of legal representation, heartache was caused for Council and citizens. Council should look at options on how the City should proceed, look at hiring the City's own attorney or other attorney firms, would like Council to discuss and have an action item on a future agenda, should try and improve the City's legal services. � Councilmember Barr stated he would like to thank Councilmember Hill for volunteering his services in Renwick Park for a new sidewalk. Little League paid for materials and Councilmember Hill had volunteered his time. Councilmember Reid announced April 17 is Prayer Breakfast at Heritage Park Baptist church at 7:10 AM. Councilmember Holbert stated he would like to thank Police Chief Wieners and Community Services Director James Toney and Staff for opening day for Little League. An astronaut threw out the first pitch, 850 kids were in the park at one time with one or more parent, was a park full of people. Saturday was open house at the Ag Barn and was amazed at how many people brought their kids out to pet the animals. There were bunnies for the kids to hold and had fun. Next Saturday at noon Council is ptaying softball with the girl's softball league. Councilmember Rivera thanked citizens for their input. Mayor Smith stated he would like to welcome everyone to attend the softball game and announced Spring Sparkle this Saturday from 8:00 AM to 2:00 PM at Centennial Park. May 7, 2010, is the first Concert in the Park concert series and is now officially called the Mitch and Artha Wright Concert Series. Movies in the Park start in mid July on Friday nights. Mayor Smith asked Council to think about two potential candidates for West Ranch Management District (WRMD) Board for the next meeting. The Rules of Procedure regarding clapping is set out on an annual basis, is not his choice to keep this from happening but is an issue of fairness to people having different opinions, has had this policy for 4 years and is trying to uphold Rules of Procedure and not just to be mean. Mayor Smith stated he disagrees that the Washington D.C. trip was futile. There are great representatives not only from Texas but from Florida � 04/05/2010 3313 and other states and hopefuily the trip put this issue in the forefront of everyone's mind that there is a risk of losing the space program. Great Britain has opened a space program, India has made an agreement with Russia to fly into space to our space station. The status will hurt the United States national security and stated the country should send a message to Congress about the importance of human space flight, encourage elected officials to get a new program going and have no lapse in space program so the U.S does not have to hitch a ride with other countries. CONSENT AGENDA **Councilmember Rivera moved to approve the Consent Agenda as presented A. Approving the ratification and confirmation of the execution by the Mayor of the Urgent Need National Objective Form for the Community Development Block Grant (CDBG) Disaster Recovery Program. B. Accept February 2010 Property Tax Report. C. Approve Minutes of February 22 and March 1, 2010, Meetings. Seconded by Councilmember Holbert. The motion was approved unanimously. A motion was made and approved to adjourn at 9:40 PM. M avid . . Smith Attest: � `��`�^�-`�� ��� ? OF FR�EIyoS � Melinda Welsh, TRMC � 0 City Secretary v o � * s�,�r� OF T��Py