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HomeMy WebLinkAboutCC Minutes 2010-09-13 Special 09/13/2010 3402 � STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( SEPTEMBER 13, 2010 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, SEPTEMBER 13, 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 JIM HILL COUNCILMEMBER MICHAEL BARKER COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER BILL HOLBERT COUNCILMEMBER JIM BARR COUNCILMEMBER DEIRDRE BROWN CITY ATTORNEY BILL OLSON CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH --� Mayor Smith called the meeting to order. **Councilmember Brown stated she would like to raise a point of order that the Executive Session is improper for the reasons stated in the Attorney General correspondence that she submitted tonight, copies of which all of Council has received. '`""`Mayor Smith denied Councilmember Brown's point of order. ***"Councilmember Brown appealed Mayor Smith's denial. The point of order was denied 6-1 with Councilmember Brown opposed. 5:30 PM—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. (Settlement of Vinson & Elkins claim) Council reconvened into Special Session with no action taken later in the meeting. RECONVENE INTO OPEN SESSION 6:00 PM—SPECIAL SESSION Discussion was held regarding the proposed FY2010-2011 General Operating Budget for the City of Friendswood. Administrative Services Director Cindy Edge stated the City has received Harris County's ""` certified values and changed the tax rate from .5870 to .5851 which changed the net revenue of$27,655. She stated the City's swimming pool will not be used for winter since the Friendswood Independent School DistricYs natatorium is open so the City will save $8,000, correct intergovernmental revenue for 09/13/2010 3403 � Police Department Grants is $17,000, and there was an unappropriated balance in Administrative Services of$53,818 so the current unappropriated balance is$17,163. City Manager Roger Roecker gave an explanation of the effective tax rate. Mayor Smith explained the budget process from the time Staff begins in April until now and Council will need to make a final decision and adopt the proposed Fiscal Year 2011 budget and proposed tax rate. Counciimember McGinnis asked the City Manager what the consequences were if Council did not adopt the proposed budget by the next meeting and Mr. Rocker responded that in the past it has been adopted as late as the first meeting in October so there should be no problem as long as Council adopts it by the October 4, 2010, Council meeting. 7:00 PM—REGULAR SESSION Mayor Smith called the meeting to order. The invocation was given by Pastor Ralph Hobratschk of Hope Lutheran Church. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS •—. Mayor Smith presented a proclamation to Dr. Tina Farrell, Assistant Superintendent of Curriculum and Instruction for Clear Creek Independent School District, recognizing September as Clear Creek Independent School District Exemplary Month. Dr. Farrell thanked Council for the honor. JOINT DOCKETED PUBLIC HEARING Mayor Smith and Planning and Zoning Commissioner Kevin Holland opened the Joint Docketed Public Hearing to order to receive comments from the public, both oral and written regarding a proposed amendment to Special Use Permit, Ordinance No. 2003-04 for the Galloway School, 3200 W. Bay Area Boulevard, 9 acres, being Restricted Reserve A, Block 1 of Autumn Creek, Section 9, located in the Sarah McKissick Survey and John Dickinson Survey, Harris County, Friendswood, Texas. Community Development Director Morad Kabiri explained that the Galloway School has requested an amendment to their Specific Use Permit in order to expand their facilities. No one spoke for or against the proposed amendments for the Galloway School. Hearing no further comments, Planning and Zoning Commissioner Kevin Holland closed the Public hearing. Mayor Smith kept Council's portion of the Joint Public Hearing open. Mayor Smith and Planning and Zoning Commissioner Kevin Holland opened the Joint Docketed Public Hearing to order to receive comments from the public, both oral and written regarding a proposed amendment to Special Use Permit, Ordinance No. 2001-24 for Mary Queen Catholic Church, for two --� tracts of land with Tract One containing 13.891 acres out of Lot 1 of Mary Queen Catholic Church plat, located in the Sarah McKissick or J.R. Williams League, Abstract 151; Tract Two containing 2.04 acres 09/13/2010 3404 � out of Lot (1-2), Block 3, Friendswood Subdivision, Abstract 151, property located at 606 Cedarwood Drive, Galveston County, Friendswood, Texas. Community Development Director Morad Kabiri stated that Mary Queen Catholic Church is requesting an amendment to their Special Use Permit in order to expand their facilities. Mohammed Tahak, Friendswood resident, stated that he was not necessarily speaking in favor or against the proposed amendment but was asking for more information in terms of how it will affect the neighborhood. Mr. Kabiri showed him a site plan and a map. Nicole Turpin, Friendswood resident, stated she would like to see the site plan and map as well. Commissioner Holland stated that Ms. Turpin could come upstairs to the Planning and Zoning Commission meeting which will meet after this Joint Public Hearing. Hearing no further comments, Commissioner Holland closed the Planning and Zoning Commission's portion of the Joint Public Hearing and adjourned the meeting to upstairs. Mayor Smith kept Council's portion of the Joint Public Hearing open. COMMUNICATIONS FROM THE PUBLIC � Kevin Holland, Friendswood resident, addressed Council and stated he is here to support the people he serves with and is speaking to Council to address protocol regarding an individual Councilmember. Some individuals presume decisions have already been made, there has been harassment without cause and handed out a folder with copies of e-mails with information for all of Council. He further stated the e- mails are harassment, protocol is what determines how Council treats volunteers, believes protocol either needs to be created or the existing one needs to be shared with Council, and there is one Councilmember who has missed three Executive Sessions and the City Charter Section 3.06 states Vacancies, Forfeiting, Filing for Vacancies states – "... fails to attend three consecutive regular Council meetings without being excused by the Council". Fred Krch, Friendswood resident, addressed Council and stated that volunteer selection for committees is a political process, discussed items from several authors that he believes addresses the current ' government, discussed the pending court case, reminded Council that taxpayers are the City, and why did the City tell bidders that it was willing to spend a million dollars to build a dog house. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Tax Attorney Michael J. Darlow presented an annual report of tax collections and delinquent tax accounts and stated Municipal Court Administrator Karen Renfrow, Municipal Court Staff and Judge Woltz do a great job in collecting fees, the City does not have a delinquent tax problem, payment agreements and collection programs are doing well. CITY MANAGER'S REPORT City Manager Roger Roecker reported on the construction of the entryways and stated the long-awaited "'—' project of constructing three new entryway signs in the medians finally received the Texas Department of Transportation's approval and is under way. In the 2009-10 adopted budget, Council approved $40,500 to erect three City entryway signs in the medians along the three main entrances into the City of Friendswood. The first sign is located along FM 518 at Chelsea Lane in the City of Friendswood and City 09/13/2010 3405 ..., of Pearland corridor. The second sign is located along FM 2351 at Beamer and the third sign is located where Friendswood Link Road and EI Dorado Drive meet at the City limits. The new signs will be constructed of Tropical Green Granite and Austin Cobblefield Cultured Limestone and will read "Welcome To Friendswood, Founded 1895". The contractor, 4D Signworx, has had crews onsite at the three locations since the week of August 16 so the work is nearly complete. City Staff, along with the Parks Board and Keep Friendswood Beautiful Committee, will soon be meeting together to discuss options on how the current signs can be can "recycled"for use somewhere else in the City. The City Manager reported on the City's 50th anniversary celebration and stated that November 1, 1960, Friendswood became an incorporated city. This November will mark the 50th anniversary of that event, and the Friendswood community is looking forward to recognizing that milestone. As luck would have it, there is a scheduled regular City Council meeting on November 1 of this year. Before the meeting, the City will host a cake and punch reception in the foyer of City Hall, and all are invited to attend. Staff will draft a proclamation from Mayor Smith to read at the meeting. The hope is that at this reception some of Friendswood's long-time residents can relate some stories about what Friendswood was like in 1960, and the changes that have taken place over the years. Staff plans to send notifications to the community soon and encourages those citizens who have been residents of Friendswood for over fifty years to come to the reception and the meeting and receive special recognition. The Friendswood Fine Arts Institute will sponsor a special poster contest commemorating the City's 50'h Anniversary. The contest winner(s) will be recognized at the November 1 Council meeting. Staff will work out the details and communicate them to Council as the event draws nearer. The community is looking forward to the celebration. .� ACTION ITEMS "*Councilmember Barker moved to approve a contract renewal with Galveston County Health District for Water Pollution Control and Abatement for 2010-2011 and authorize the Mayor to execute the contract. Seconded by Councilmember Barr. The motion was approved unanimously. '`'`Councilmember Holbert moved to approve the reappointments of Ruth Lay and Pamela Beeth and the appointments of Neeta Jambhakar and Bryan Corey to the Library Advisory Board, with all terms expiring July, 2013. Seconded by Councilmember McGinnis. The motion was approved unanimously. **Councilmember Barr moved to approve the appointment of Heather McDonald to the Fourth of July Steering Committee with a term expiring November, 2013. Seconded by Councilmember Holbert. The motion was approved unanimously. "*Councilmember Holbert moved to approve a Request for Proposals for City Attorney Services. Seconded by Councilmember Hill. ***Councilmember Holbert amended the motion to include the language as stated by Councilmember Brown which was that the contract should specify that the one million dollar insurance coverage be per occurrence. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Brown moved to have the City Attorney and Staff work on all of the ministerial changes that are necessary to amend the City Code to correct errors and directing Staff and/or the City Attorney to draft an ordinance. �"'"" Seconded by Councilmember McGinnis. 09/13/2010 3406 �.... '`**Councilmember Brown amended the motion to ask the City Attorney to draft a proposed ordinance to define"City" in the City Code to include Harris and Galveston County. Seconded by Councilmember McGinnis. The motion was approved unanimously. Mayor Smith recognized Planning and Zoning Commissioner Kevin Holland who had returned from their meeting and stated that the Planning and Zoning Commission unanimously recommends approval of the Specific Use Permits for both the Galloway School and the Mary Queen Catholic Church. With concurrence of Council, Mayor Smith moved to Item 19C on the agenda. ORDINANCES *"Councilmember Hill moved to approve the First reading of Ordinance T2010-24, An ordinance amending City of Friendswood, Texas, Ordinance No. 2003-04, which granted a Specific Use Permit for property located at 3200 W. Bay Area Boulevard to be used as a private School (Galloway School), by allowing the addition of an approximate 20,008 sq. ft. two story classroom building, two tennis courts, an 8 foot wide jogging trail along the site perimeter, and associated parking and landscaping improvements; 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 unanimously. -°�- With concurrence of Council, Mayor Smith moved to Item 19D. *"Councilmember Hill moved to approve the First reading of Ordinance T2010-25, An ordinance amending City of Friendswood, Texas, Ordinances No. 136 and No. 2001-24, which granted an amended Special Use Permit for property located at 606 Cedarwood Drive to be used for Mary Queen Church, by allowing the addition of an approximate 37,438 sq. ft. church and associated parking and landscaping improvements providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing severability. Seconded by Councilmember McGinnis. The motion was approved unanimously. ACTION ITEMS **Councilmember Holbert moved to adopt a Fiscal Year 2010-2011 budget based on the handout he has provided which states that the Tax Levy Reduction (Effective Tax Rate Estimate .5870 to .5851) be $27,655; correction of the Intergovernmental Revenue — Police Department Grants of a reduction of $17,000; the winter pool closure savings of$8,000 and the un-appropriated balance in the Administrative Services Department of $53,818 would make the new un-appropriated balance $17,163. The proposed changes to the budget with no financial impact are the Forrest Bend Volunteer Fire Department Contract for Police Dispatch Services of$12,000; and Appropriate Library Board Reserve for a library parking lot of $25,000. Seconded by Councilmember Brown. The motion was approved 4-3 with Councilmembers Barker, Brown, and McGinnis opposed. Lengthy discussion was held between Mayor, Council, and Staff regarding the proposed budget. Mayor Smith stated he would like to call the vote for all those in favor of giving the City Manager direction " to prepare an ordinance with the changes in the budget reflected in Councilmember Holbert's handout. Mayor Smith called a brief recess at 9:13 PM. 09/13/2010 3407 .... **Mayor Smith made a motion to approve amending Rule 1 of the City Council Rules of Procedure. (Previously tabled August 16, 2010) Seconded by Councilmember Holbert. ***Counciimember Barr made a motion to table amending Rule 1 of the City Council Rules of Procedure until the next Council meeting. Seconded by Counciimember Holbert. The motion was approved unanimousiy. **Mayor Smith made a motion to table to workshop the amendment of Section 4.06 of the Policy for Appointments to Boards, Commissions, and Committees. (Previously tabled August 16, 2010) Seconded by Councilmember Barker. The motion was approved unanimously. **Councilmember Brown made a motion that the City Manager direct Staff to vet that all Planning and Zoning Commissioners are qualified voters of the City. Seconded by Councilmember McGinnis. The motion failed 2-5 with Mayor Smith and Councilmembers Barker, Barr, Hill, and Holbert opposed. Lengthy discussion was held between Mayor and Council regarding the appointment process for the Planning and Zoning Commission. ***Councilmember Hoibert stated he would like to call the question. � ***"Councilmembers Brown and McGinnis objected to the question being called. *"***Calling the question was upheld 5-2 with Councilmembers Brown and McGinnis opposed. RESOLUTIONS **Councilmember Hill moved to approve Resolution R2010-34 - A Resolution of the City Councit of the City of Friendswood, Texas, approving and authorizing the Mayor to execute, and the City Secretary to attest, an Interlocaf Agreement by and between the City and the Dickinson Bayou Watershed Steering Committee for issues relating to engineering and operating cost. Seconded by Councilmember Barr. The motion was approved unanimously. **Councilmember McGinnis moved to approve Resolution R2010-35 -A Resolution of the City Counci� of the City of Friendswood, Texas, suspending the October 1, 2010, effective date of Texas New Mexico Power Company's (TNMP's) requested rate change to permit the City time to study the request and to establish reasonable rates, approving cooperation with other TNMP cities; hiring Lloyd Gosselink attorneys and consulting services to negotiate with the company and direct any necessary litigation and appeals; directing TNMP to reimburse the City's rate case expenses on a monthly basis; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel. Seconded by Councilmember Holbert. The motion was approved unanimously. *"Councilmember Brown moved to table Resolution R2010-36 - A Resolution of the City Council of the City of Friendswood, Texas, amending the appointment to City boards, commissions, and committees - City of Friendswood Administrative Policies and Procedures, Section 4.06 by providing a definitions for the term "residenY' and make other clerical non-material modifications; and repealing all other resolutions —*� inconsistent of in conflict herewith. 09/13/2010 3408 � Councilmember Brown stated that she tabled this item based on the fact that Mayor Smith's agenda item with the same subject was tabled. ORDINANCES ""Councilmember Barr moved to approve the first reading of Ordinance T2010-22, An ordinance altering the prima facie speed limits established by vehicles under the provisions of §545.356, Texas Transportation Code, upon the basis of an engineering and traffic investigation, upon certain streets and highways, of parts thereof, within the corporate limits of the City of Friendswood as set out in this ordinance; and providing a penalty of a fine not to exceed $200 for the violation of this ordinance. Seconded by Councilmember Holbert. The motion was approved unanimously. ""Councilmember Barr moved to approve the first and final reading of Ordinance T2070-23, An ordinance amending City of Friendswood, Texas, Ordinance No. 2009-22, passed and approved August 2, 2010, same being an ordinance approving and adopting the City's General Budget for fiscal year 2009-10, by approving "Budget Amendment IX" to the "original General Budget of the City of Friendswood, Texas, for the fiscal year 2009-10", providing for supplemental appropriation and/or transfer of certain funds; providing for severability; and providing other matters related to the subject. Seconded by Councilmember Holbert. The motion was approved unanimously. COMMUNICATIONS FROM MAYOR AND COUNCILMEMBERS ..�... Councilmember Brown reported that she would like to speak regarding the Planning and Zoning Commission item, people are asking why she does not attend Executive Sessions, and stated she attends them by sitting at the dais during the Executive Session and making a point of order as to whether or not the meetings are proper, has a pending Attorney General's opinion and until the Attorney General gives guidance is not comfortable attending meetings behind closed doors, process of attending Executive Sessions does not require that she be removed from Council. Mayor Smith stated that Councilmember Brown's comments are issue driven and this portion of the agenda is for mundane items and is not a forum for that level of discussion. Councilmember Brown stated that she is not trying to incite any type of deliberation whatsoever, what she is trying to do is to state her position on Executive Sessions so that the public understands her position on Executive Sessions and why she does not attend. Mayor Smith stated that he would like to request that Councilmember Brown stop her comments because she was not hearing what was said, is not talking about the subject matter but the Rules of Procedure that Council follows associated with what the subject is in the Open Meetings Act requirement. He further stated that if Councilmember Brown is going to speak on a subject that has anything to do with government business she must first notice the public on the agenda and tell them that she is going to talk about the fact that she does not attend Executive Sessions and that was not done. City Attorney Bill Olson stated that Mayor Smith is correct and that this portion of the agenda is not the opportunity to address specific issues but should be placed on the agenda. An example is the City Manager's Reports that are specifically noted on the agenda, otherwise within the jurisdiction of this court .�.. it could be considered deliberations. Councilmember Holbert reported that he saw the notice the City sent out on Groupbuilder about the upcoming National Night Out and encourages everyone to get together in their neighborhood, had an 09/13/2010 3409 �.. interesting conversation at a youth football game where people commented that neighbors have not gotten together since Hurricane Ike. Councilmember McGinnis reported that he spoke to the Friendswood Volunteer Fire Department and Emergency Medical Services Staff and also attended the Galveston County Mayor and Council's Association meeting and someone there commented that Friendswood had not hosted a meeting in a while. Councilmember Hill reported that he attended the Friendswood Volunteer Fire Department's appreciation dinner this past weekend and they paid a special tribute to those who perished in 9/11, appreciates what they do, and the volunteers commented that they appreciate the financial support the City has given them through the years. Councilmember Barr reported that the new Junior High School is having their grand opening and ribbon cutting this Sunday evening. Keep Friendswood Beautiful is having a joint meeting with the Parks Board and IESI next month. Councilmember Brown called a point of order regarding Councilmember Barr expounding on the subject of ineetings with IESI without a reference being on the agenda. Mayor Smith stated that he was preparing to address Councilmember Barr and asked him to reconsider the direction of his comments. -�»� Mayor Smith stated that he visited Brookside Intermediate School this past week to help celebrate their exemplary status and he would like to congratulate them. CONSENT AGENDA **Councilmember Holbert moved to approve the Consent agenda as presented: A. Authorizing Council to invoke Rule 1(A) of the Rules of Procedure to schedule a regular City Council meeting for September 20, 2010. B. Authorizing acceptance of public improvements associate with the Deepwood Lift Station project for the contractor's one-year maintenance period. C. Approving an agreement for an Interlocal Subgrant for solving Cold Cases with DNA for the Police Department to participate as a subgrantee in the federally funded program administered by the Harris County Medical Examiner's Office. D. Authorizing acceptance of utility improvements associated with West Boulevard and Falcon Ridge Boulevard for the contactor's one-year maintenance period. E. Approving amendments to the Interlocal Agreement changing the name of the benefits group H-GAC Region 1 to the FWD Interlocal and authorizing the Mayor to execute the agreement. F. Approving a contract with PropertyRoom.com for the disposition of City property, unctaimed and seized property by online auction and authorize the Mayor to execute the contract. G. Accept the August 2010 Property Tax Report. H, Approve the Minutes of July 12, July 24, August 2, and August 9, 2010, meetings. Seconded by Councilmember Barr. The motion was approved 5-2 with Councilmembers Brown and McGinnis opposed. Councilmember McGinnis stated that Item A is not necessary since September 20, 2010, is the third Monday of the month, and asked Community Development Director Morad Kabiri to clarify Item B. Mr. Kabiri gave a brief explanation. � The meeting was adjourned at 10:01 PM. 09/13/2010 3410 Mayor David J.H. mith Attest: � �," _ FR�ElyO Melinda Welsh, TRMC pF S� City Secretary � p ci v * � d'�' Py �4rF AF '��� o...