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HomeMy WebLinkAboutCC Minutes 2010-12-06 Regular 12/06/2010 3446 � STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( DECEMBER 06, 2010 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY DECEMBER 6, 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 JIM HILL COUNCILMEMBER MICHAEL BARKER COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER BILL HOLBERT(arr. at 7:00 PM) COUNCILMEMBER JIM BARR (arr. at 6:27 PM) COUNCILMEMBER DEIRDRE BROWN CITY ATTORNEY BILL OLSON CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH Mayor Smith called the meeting to order. 6:00 PM—SPECIAL SESSION "'-" A discussion was held regarding the preliminary design and features of the proposed Animal Control Facility. City Manager Roger Roecker stated if design changes need to be made the time is now. Community Development Director Morad Kabiri introduced architect Richard Edwards with Edwards Associates, Friendswood Police Captain Jimmy Holland, Senior Animal Control Officer Craig Baker, as well as members of the Friendswood Animal Shelter Advisory Committee, Chairman Dr. Skip Young, Tina Wood, and Margaret Pickell. The City Manager stated that he received an email from Friendswood Animal Shelter Advisory Committee Co-Chair Dr. Donald Stran which stated that he could not attend the meeting due to a conflict. Mr. Kabiri stated that inside Council's agenda packet is a preliminary design floor plan, a preliminary site plan, and the elevations of the building and explained the design details. Councilmember Barker asked questions about drainage issues and a problem with another facility built and Mr. Kabiri explained about the drainage. Architect Richard Edwards stated the concrete at the Montgomery County facility was not poured correctly, the construction was poor, not the design. Councilmember Barker asked Mr. Kabiri if he was happy with the drainage design and he answered yes. Councilmember Barker asked Mr. Kabiri to monitor this portion of the construction closely. Councilmember Hill asked if the entire building was air conditioned and Mr. Kabiri stated yes. Councilmember Hill asked if the facility could be ventilated with windows and Mr. Kabiri answered not as the building is currently designed. Councilmember Hill stated some of the ventilation could come from elsewhere and architect Richard Edwards stated the only ventilation system that completely eliminates odors is an Aaon System which is four times the cost of a regular system and suggested using a different type of odor elimination system such as chemicals or moving air. Odors can be a problem and stated that a ten year old facility in Houston recently went to an Aaon System and it cost a lot of money. Councilmember Hill asked why the architect chose wooden trusses rather than a metal frame and Mr. Edward's responded that it is more economical, currently has a composition shingle roof but will bid a metal roof as an alternate. Mayor Smith asked about the cost of an Aaon System compared to the currently proposed ventilation system and Mr. Edwards responded the difference is at least $40,000 or ,i,_, $50,000 for the current system as compared to $120,000 to $150,000 for an Aaon System. Councilmember 12/06/2010 3447 � McGinnis stated this will be a very visible facility since it is on FM 528 and asked if reversing the north and south sides had been considered with Mr. Kabiri answering that because of the position of the ball field, the animals would see the children playing and become excited. Mr. Edwards stated the facility is shielded by the water tower and Mr. Kabiri stated they can incorporate shrubs to shield visibility along FM 528. Councilmember McGinnis asked if animals other than dogs and cats would be held in the facility. Captain Holland stated no wild animals such as wild hogs, coyotes, raccoons, and opossums would be housed. Councilmember McGinnis asked if the two areas noted on the floor plan were separated with ventilation systems and Mr. Edwards confirmed that they were. Mayor Smith asked which elevation faces FM 528 and Mr. Kabiri answered the south elevation will be visible from FM 528 and the east elevation will be parallel to FM 528. Councilmember Barker stated there needs to be ventilation in the kennel area other than the air movers for the air conditioner and Mr. Edwards stated he can look into that. Councilmember Hill suggested exhaust fans and Mr. Edwards stated that too many operable windows in a facility create an operational nightmare for controlling the air conditioning. Exhaust fans can be placed in the kennel area if the air conditioning is turned off. Councilmember Brown stated there are some concerns about a 6,500 square foot building and Community Development Director Morad Kabiri stated it was designed according to needs. The Friendswood Animal Shelter Advisory Committee, Captain Holland and Craig Baker worked on the size and was also based on the feasibility study. Councilmember Brown stated there was a concern with the feasibility study and asked the size of the current facility and Mr. Kabiri stated over 1,000 square feet. Councilmember Brown then asked if a 6,500 square foot facility will be needed between now and when the new facility is built and Captain Holland stated with the anticipated growth of the City more people will be passing through, more animal drop offs and abandoned animals will cause an increase and the additional square footage will also help with the adoption process. Councilmember Brown asked if Friendswood coordinates with Galveston and Harris Counties' animal control and Captain Holland stated there is no coordination at this time. Councilmember Brown asked why the City is assisting in Heritage Park subdivision if there is a problem with the size of the current facility and Captain Holland explained that the City does not house the animals obtained in Heritage Park '"'"" but keeps them on the truck until Harris County picks them up. Councilmember Brown asked if there should be more coordination with the other counties to see if 6,500 square feet is needed and Captain Holland stated that Galveston County's shelter is in Texas City and there are no unincorporated areas around Friendswood. League City and Dickinson animal shelters are between Friendswood and Texas City and their animal control officers do not service Friendswood. There is coordination with Galveston County only when there are horses or other large animals to house. Friendswood is considering partnering with Galveston County to dispose of carcasses at their Texas City facility. Councilmember Brown stated Galveston County has a new facility and she would like to see some coordination with them so that Friendswood would not have to spend more money than is needed and asked about the HVAC system for ventilation. Architect Richard Edwards stated that it is being designed, has the specifications on other facilities his company has done, and is a small three to five ton unit. If there are multiple zones the air can be compartmentalized to save money. The basic systems are all the same, maximum air exhaust is twenty percent, is the standard system unless an Aaon System is chosen. Councilmember Brown asked about the cost differential on the drains between individual drains versus the proposed drainage and Mr. Kabiri stated what is proposed is less expensive. Councilmember Brown asked why odors would be a concern in an animal control facility and Captain Holland stated it an odor would put people off when they enter, and that is why the kennels will be in the back and separated from the main part of the building. Councilmember Brown asked why asphalt rather than concrete was chosen for the driveway. Mr. Kabiri stated it was a cost issue. Councilmember Brown asked why HardiePlank siding was chosen rather than something less expensive with Mr. Kabiri answering that HardiePlank siding is more durable. Councilmember Brown asked if the proposed construction documents are American Institute or Architects (AIA) certified and Mr. Kabiri stated the City has its own base documents. Councilmember Brown asked if there was litigation involved in the Montgomery County issue and architect Richard Edwards replied there was no litigation involved and the builder made the repairs at his own expense. � 12/06/2010 3448 � Mayor Smith asked the Animal Control Advisory Committee for their input and committee member Dr. Skip Young replied that the committee is satisfied with the preliminary design and added that the proposed facility is the size that is needed for what they would like to do and for growth. The facility will need this amount of space in the near future, could make do with a 4,000 square foot facility but five to ten years from now the City would be kicking itself for not building larger when the chance was presented and further stated that when everything is factored in this is a reasonable size. Animal Control Advisory Committee member Margaret Pickell stated both Pearland and Pasadena had to rebuild relatively new facilities because of unconsidered growth and the committee is trying to not have that happen in this instance. Councilmember Barr asked if space for dog runs is part of what is being designed and architect Richard Edwards stated yes and the design of the facility is within the budget that Council approved. Mayor Smith stated that ventilation is important to the facility and there are significant differences in air conditioning systems and asked what the policy is for wild animals. Captain Holland stated that coyotes are put down, there is a release program for opossums, raccoons and skunks, but wild hogs are taken to a State facility. Mayor Smith asked about owls and other birds of prey and Captain Holland answered that those and squirrels go to animal rehabbers. Mayor Smith requested that an add-on bid for an Aaon System be done. Councilmember Barker stated he would like to see the Aaon System add-on bid as well as other options that would provide adequate ventilation. Mayor Smith stated there will be no decisions made tonight but is looking for direction regarding ventilation. Community Development Director Morad Kabiri stated there are different options in the alternate design but whether or not it ends up in the building is determined by the budgeted amount. Councilmembers Barker, Barr, Hill, and McGinnis stated they agreed with considering alternate methods of ventilation. Councilmember Brown stated there needs to be policies in place first before going forward, �� asked how this facility could be approved if there are policies to be considered. Mayor Smith stated that this issue could be discussed at length but since Council had already voted to move forward it needs to move forward. Mayor Smith stated this discussion is about a general consensus for a need to consider add-ons to the currently proposed building's engineering and design, and the ultimate decision would come when designs come in and Council votes on them. City Manager Roger Roecker asked Staff if they needed more information and Police Chief Wieners stated that the Americans with Disabilities Act (ADA) issues have to be considered in the architectural design. The usable space of the building will be approximately 4,800 square feet. Mayor Smith thanked Staff and committee members and stated this is a step in the right direction, would rather spend today's dollars than spend additional dollars later. Mayor Smith closed the Special Session at 6:55 PM. 7:00 PM—REGULAR SESSION Mayor Smith called the meeting to order. The invocation was given by Reverend Bob Moore of the Good Shepherd Episcopal Church. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS ,� Councilmember Hill recognized Boy Scout Troop 224 which came tonight for a tour of City Hall, recognized Mike Haggerty for the work he does with the Boy Scouts and stated he appreciated them coming tonight and welcomed them back at any time. 12/06/2010 3449 � City Manager Roger Roecker presented Rhonda Baker with the Five Star Spirit Employee Award for the third quarter of 2010. Ms. Baker is an Administrative Secretary in the Community Development Department. She has worked for the City of Friendswood since 2000, and will be receiving her 10 year service award at this year's Christmas dinner. She began her service with the City by working in the Administrative Services department for three years before moving to the Community Development Department in 2003. She received accolades from fellow employees noting that she "is always eager to help anyone that needed iY' and that she is "quick to assist both citizens and co-workers". The City appreciates the service that Ms. Baker has provided this community, and congratulates her on being the recipient of the Five Star Spirit Award for the third quarter of 2010. + RESOLUTION With the concurrence of Council, Mayor Smith moved to Agenda Item 15D, Resolution R2010-45. *"Councilmember Holbert moved to approve Resolution R2010-45 — A Resolution of the City of Friendswood, Texas, Galveston/Harris Counties, awarding Bid No. 2010-12 and designating the Friendswood Journal as the Official City Newspaper. Seconded by Councilmember Hill. The motion was approved unanimously. JOINT DOCKETED PUBLIC HEARING Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called the Public Hearing to order to receive comments from the public, both oral and written, regarding the zone classification change request for a tract of land containing a 1.1945 acre tract of land out of Lot 1, Block 6, Friendswood Subdivision, Sarah McKissick League, property located at FM 518 at Whispering Pines Drive, Friendswood, Texas, Galveston County, to change form Community Shopping Center, (CSC) to '"'"" Downtown District(DD). No one spoke in favor or against the proposed amendments to the zoning ordinance. Hearing no further comments, Chairman Holland closed the Planning and Zoning Commission's portion of the Joint Docketed Public Hearing. Mayor and Council left Council's portion of the Joint Docketed Public Hearing open. Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called the Public Hearing to order to receive comments from the public, both oral and written, regarding amending Appendix A, Sign Ordinance of the City of Friendswood Code of Ordinances, regarding handheld, vehicle signage and off- premise signage. Bobbie Jones, Friendswood resident, addressed Council and stated she believes that non-profit organizations such as the nursing home should be able to have signs because it does a good deed for the City and have been in business for 50 years. Jeff Ryan, Friendswood resident, addressed Council and stated he had spoken previously to Community Development Director Morad Kabiri regarding signage as it pertains to the Friendswood Girls Softball 501c3 and does not see that it is addressed well in the proposed changes. Hearing no further comments, Chairman Holland closed the Planning and Zoning Commission's portion of the Joint Docketed Public Hearing. Mayor and Council left Council's portion of the Joint Docketed Public Hearing open. �'"" 12/06/2010 3450 � Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called the Public Hearing to order to receive comments from the public, both oral and written, regarding amending Appendix B, Subdivision Ordinance of the City of Friendswood Code of Ordinances, Section II, procedures for submission of plats regarding notifications. 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 this item and further stated no homeowner would like to find out through the newspaper that a building is going to be built near his subdivision. If cost is a factor the City could develop a fee schedule for Homeowners Associations to pay for such notifications. Hearing no further comments, Chairman Holland closed the Planning and Zoning Commission's portion of the Joint Docketed Public Hearing. Mayor and Council left Council's portion of the Joint Docketed Public Hearing open. Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called the Public Hearing to order to receive comments from the public, both oral and written, regarding amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinance, regarding amendments to Section 7.Q, Schedule of district regulations, District area and height regulations. (Regulation Matrix-Commercial Districts) No one spoke in favor or against the proposed amendments to the zoning ordinance. � Hearing no further comments, Chairman Holland closed the Planning and Zoning Commission's portion of the Joint Docketed Public Hearing. Mayor and Council left Council's portion of the Joint Docketed Public Hearing open. Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called the Public Hearing to order to receive comments from the public, both oral and written, regarding amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to Section 7.5.2 Community Overlay District, Boundaries. No one spoke in favor or against the proposed amendments to the zoning ordinance. Hearing no further comments, Chairman Holland closed the Planning and Zoning Commission's portion of the Joint Docketed Public Hearing. Mayor and Council left Council's portion of the Joint Docketed Public Hearing open. Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called the Public Hearing to order to receive comments from the public, both oral and written, regarding amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to Section 8.J, Supplemental District Regulations, Performance Standards, regarding noise. Deborah Hanson, Friendswood resident, addressed Council and stated she does not understand the concept of a noise permit, had a problem recently with a Halloween party near her home, was told by the residents hosting the party that they had been given a noise permit and there was nothing she could do about the noise level until after 10:00 PM that evening. � Hearing no further comments, Chairman Holland closed the Planning and Zoning Commission's portion of the Joint Docketed Public Hearing. 12/06/2010 3451 ....s Mayor and Council left Council's portion of the Joint Docketed Public Hearing open. Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called the Public Hearing to order to receive comments from the public, both oral and written, regarding amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to Section 8.J.10, Supplemental District Regulations, Performance Standards, regarding gasoline stations in Downtown District. Fred Krch, Friendswood resident, addressed Council and stated he does not care about the location of gasoline stations but is concerned with the installation of underground storage tanks in regards to the possibility of ground leakage. The City should make sure the tanks have proper leak detection devices and would be a tragedy to have a slow leaker and contaminate the water table. Hearing no further comments, Chairman Holland closed the Planning and Zoning Commission's portion of the Joint Docketed Public Hearing. Mayor and Council left Council's portion of the Joint Docketed Public Hearing open. Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called the Public Hearing to order to receive comments from the public, both oral and written, regarding amending the City of Friendswood Code of Ordinances, Chapter 26, Environment, Article IV, Weeds, Brush, Rubbish, regarding adding certain provisions and making certain text changes. No one spoke in favor or against the proposed amendments to the zoning ordinance. Hearing no further comments, Chairman Holland closed the Planning and Zoning Commission's portion of "`" the Joint Docketed Public Hearing and adjourned the Planning and Zoning Commission meeting to the upstairs conference room. Mayor and Council left Council's portion of the Joint Docketed Public Hearing open. COMMUNICATIONS FROM THE PUBLIC Fred Krch, Friendswood resident, addressed Council and stated he would like to discuss the animal shelter. He further stated he has seen no study to determine the definition of an adequate animal shelter, has provided blueprints and designs of animal shelters to Captain Holland. The City does not need a financial albatross and needs to determine the benefits of the animal shelter, asked to consider the costs of the air conditioner and any emergency equipment. There will be a cost over and above the cost of construction in the maintenance of the facility. People have been proposing a sophisticated animal shelter to house animals for the length of their natural life but other shelters do not do that. He stated he would also like to talk about closed-door, secret meetings. The City should not be run with closed-door meetings, and should not have personnel or real estate discussions in closed door meetings. Mr. Krch stated he would like to read Ephesians 5:10-13 from the Holy Bible, which was an excerpt from his Sunday school meeting and stated he applies it to the City having secret meetings. CITY MANAGER'S REPORT City Manager Roger Roecker reported that Friendswood will be very busy throughout the rest of this year with a number of events and activities to look forward to. The City's Community Services Department, Chamber of Commerce, Keep Friendswood Beautiful and many Friendswood volunteers will be working hard to coordinate a number of exciting events, some of which are being planned a little differently than in years past. He stated the Friendswood Police Officers' Association Blue Santa Program offers hope for "~"` children who might otherwise do without a visit from Santa Claus. 12/06/2010 3452 � With assistance from the Friendswood Police Department, the City, businesses and volunteers, Blue Santa helps needy families by providing gifts and toys to children 12 and younger. The Annual Friendswood Historical Society Tree Lighting is Tuesday, December 7, 2010, and the entire community is invited to this traditional celebration. The Christmas tree lighting will take place at the Frank J. Brown Museum and will begin at 7 PM. Bring the kids to visit with Santa and stay for gingerbread and wassail and a children's choir from the Friends Church. The Friendswood Heritage Garden Club will be assisting with the event. The Friends of the Library December book sale opens to the general public and book sellers at 12 PM on Saturday, December 11, 2010. The sale continues during regular library hours, ending Wednesday, December 30, 2010. The book sale is sponsored by The Friends of the Library and all proceeds go toward supporting library programming. One can become a member of The Friends of the Library for only five dollars. Be sure to stop by the Library for wassail, cookies and Christmas music on the opening day. The Friendswood Chamber of Commerce is sponsoring the annual Christmas Lighted Parade which begins at 6 PM on Saturday, December 11, 2010. This year's theme is "All I Want for Christmas Is ...". At the conclusion of the parade, the Keep Friendswood Beautiful committee and the City of Friendswood will host the Santa in the Park event. Enjoy rides, coloring contests, music, dancers, choirs, refreshments, a snow slide and pictures taken with Santa and Mrs. Claus. Local photographer DC Stanley will provide a backdrop with professional lighting for children's photos. Sponsors AMOCO Federal Credit Union and Clear Lake Infiniti will provide a snow hill and finro play areas with 40,000 Ibs. of snow. This year an added feature will be Movies in the Park with two holiday movies running during the event. A children's train has also been added to travel around the walking trail. Brite Ideas has sponsored lighting for the playground area where elves will be "working" in Santa's workshop. The Charra Dance Academy will provide entertainment at the basketball courts, and a choir will sing Christmas carols near the gazebo area. Local school children will be decorating trees in a recycle theme and the trees will be placed throughout the park. Staff is certainly looking forward to this holiday season .._. and all of the planned activities. The City Manager reported that Karen Renfrow, Court Administrator for the City of Friendswood Municipal Court, was awarded the Distinguished Service Award by the Texas Court Clerks Association (TCCA) at their annual conference banquet on October 4, 2010, in Southlake, Texas. The Distinguished Service Award recognizes a service, program, task or endeavor performed by an individual in a court profession, serving in a non-judicial capacity, which benefits the entire membership in a distinctive way by showing dedication and commitment and because of her performance in the Institute for Court Management(ICM) certification programs, Karen was also invited to apply to the ICM Fellows Program. This is the ICM's flagship certification program and the only program of its kind. Please extend your congratulations to Karen when you have the opportunity. The City Manager reported that the Federal Emergency Management Agency (FEMA) 2009 Hazard Mitigation Grant Program (HMGP) is a 75 percent (FEMA) /25 percent (City) matching program that was originally presented to and approved by City Council on April 6, 2009. The first award of the HMGP grant was for the City Hall 150 KW generator in the amount of$66,316.30. This job was completed on March 15, 2010, and the City has already received 75 percent reimbursement from the State in the amount of $49,737.23. The second award the City received on the HMGP is for the Library generator. Bids for this project were opened on November 23, 2010, and the bid award will be on the January Council meeting agenda. The total cost for this project is estimated to be $61,978.80, with a 75 percent reimbursement from FEMA (approximately $46,484.10), and the City's estimated 25 percent share at $15,494.70. The City received the grant award notification on September 27, 2010. Protective Window Coverings will be the third and final award from this grant. This window film will protect windows from flying debris and will be placed on the windows at the following locations: City Hall, Activity Building, Fire Station No. 1, Fire Station No. 2, Fire Station No. 3, Fire Station No. 4, Library, Public Safety Building and Public Works Building. The total cost for this project is estimated to be $114,255, again with the 75/25 match. The „�,,, award letter from the State was received December 1, 2010, and reflects the federal share of the project at$85,691 with the City's matching amount at$28,564. 12/06/2010 3453 � On behalf of the City, the City Manager extended his appreciation for the hard work that the Emergency Management Coordinators in the Fire Marshal's Office continue to do when securing this type of grant funding. The community has learned in the last few years the importance of this type of preparation in the event of naturai disasters, and Friendswood should be proud of the work of Fire Marshal/Emergency Management Coordinator Terry Byrd and his staff. ACTION ITEMS **Mayor Smith moved to remove amending Section 4.06 of the Policy for Appointments to Boards, Commission, and Committees from the table and to be removed from Council's agenda. Seconded by Councilmember Holbert. The motion was approved 6-1 with Councilmember Brown opposed. **Councilmember Barr moved to approve the appointment of Susan Stephens and the reappointments of Gail Rogers and Patricia Steinke to Keep Friendswood Beautiful; the reappointments of Penny Burke and Tierni Sager to the Parks and Recreation Board; and the reappointments of Corey Kirkland, Thomas McDonald, Dan Morgan, Michelle Morgan, Steve Pate, Skip Redding, Anthony Scarpa, Christine Scarpa, Michelle Scarpa, Stacey Scarpa, and Stephanie Scarpa to the Fourth of July Steering Committee with all terms ending in November 2013. Seconded by Councilmember Holbert. The motion was approved unanimously. **Councilmember Barr made a motion to discuss the disposition of RFP No. 2010-11 for Contract City Attorney Services. (Previously tabled November 01, 2010) Seconded by Councilmember McGinnis. *""Councilmember Holbert made a motion to end discussion and to eliminate the law firms of Haynes and "° Boone, LLP, and Akers& Boulware-Wells, LLP, from consideration and to send the remaining firms to the City Manager's office, City Secretary's office and the Planning and Zoning Commission with a request for a recommendation from all pertinent Staff and for Council to take definite action at a February Council meeting. Seconded by Councilmember Barker. The motion was approved unanimously. *"**Councilmember Hill moved to amend the main motion to state that Staff will give a recommendation of 3 law firms for Council's consideration. Seconded by Councilmember Barr. *****Councilmember Hill withdrew the motion to state that Staff will provide a recommendation of 3 law firms for Council's consideration. Councilmember Barr withdrew the second to that motion. *****"Councilmember Barr moved to amend the main motion to state that Staff will provide a recommendation of 3 law firms and for the recommended law firms to make a presentation to Council at a workshop in which all pertinent Staff and committees will participate and the meeting will take place on the third meeting in February should the date not be affected by a holiday. Seconded by Councilmember Hill. "****'`"Councilmember Barr withdrew the amended motion to state that Staff will provide a recommendation of 3 law firms and for the recommended law firms to make a presentation to Council at a workshop in which all pertinent Staff and committees wifl participate and the meeting will take place on the third meeting in February should the date not be affected by a holiday. Councilmember Hill withdrew the second. ..., 12/06/2010 3454 � ******`*Mayor Smith moved to amend the main motion to state that Staff and the Planning and Zoning Commission present their recommendations regarding the candidates for City Attorney at a workshop on the second meeting in February. Seconded by Councilmember Barker. The motion to amend was approved unanimously. Councilmember Barr stated he would like to keep a February deadline since there is a possibility of new Councilmembers being seated in May. '`*'`*"**""Councilmember Brown made a point of order, stating there needs to be a motion to discuss. Mayor Smith stated he has an amendment on the table and is waiting for a second. '`*'`**'""`'`*Councilmember Brown moved to amend the amended motion to reflect the meeting not to take place specifically on the second meeting in February but any date that Staff schedules the meeting. Seconded by Councilmember Hill. The motion to amend the amended motion was approved unanimously. *""*""**""*Councilmember Brown called the question. There was no objection to calling the question. **Councilmember Hill moved to approve authorizing the purchase of a new fire truck for the Friendswood Volunteer Fire Department. Seconded by Councilmember Barr. ***Councilmember Barr moved to table authorizing the purchase of a new fire truck for the Friendswood "� Volunteer Fire Department. Seconded by Councilmember Brown. The motion to table was approved 6-1 with Mayor Smith opposed. "*Councilmember Hill moved to discuss possible action regarding authorizing Council to invoke Rule 1(A) of the Rules of Procedure to schedule the second City Council meeting in December 2010, to December 13 or December 20; and to schedule the City Council meetings for January 2011, to January 03 and January 24, or January 10 and January 24. Seconded by Councilmember Barr. "*'`Councilmember Holbert moved to adopt December 13, 2010, and January 24, 2010, for Council meeting dates. Seconded by Councilmember Brown. The motion was approved unanimously. "***Councilmember Barr moved to amend the main motion to include a January 10, 2010, Council meeting date. Seconded by Councilmember Hill. The motion to amend was approved 6-1 with Councilmember Brown opposed. "*Councilmember Holbert moved to table approving changes to the Policies and Procedures for Athletic Facilities and Fields Usage as recommended by the Parks and Recreation Board. Seconded by Councilmember Brown. The motion to table failed 3-4 with Councilmembers Barker, Barr, Hill, and McGinnis opposed. """Councilmember Barr moved to discuss changes to the Policies and Procedures for Athletic Facilities and Fields Usage as recommended by the Parks and Recreation Board. ,,,,,,,, Seconded by Councilmember Brown. 12/06/2010 3455 .,, ***'Councilmember Brown moved to table approving changes to the Policies and Procedures for Athletic Facilities and Fields Usage as recommended by the Parks and Recreation Board. Mayor Smith stated you cannot tabie the same agenda item twice in the same session. "*"*"Councilmember Brown called the question. Mayor Smith stated the motion was to discuss so there is no question to call. *****"Councilmember Barr moved to remove the fees from Section 2 of the Summary of Changes and to move the participation back to 85 percent from where it currently is in the Policies and Procedures for Athletic Facilities and Fields Usage agreement, and that the Community Services Department have the discretion to assign fields as they see fit for groups that do not meet the current criteria. Seconded by Councilmember Brown. ****"""Councilmember Barr moved to amend the main motion to remove the $75 fee for non-residents outside the primary user group and to continue with the current park user agreement as written last year until which time there can be a workshop to bring it back to Council. Seconded by Councilmember Brown. The motion was approved unanimously. "******"The main motion, as amended, was approved unanimously. **Councilmember Holbert moved to approve an upgrade to electronic access control system for City Hall and the Public Works Building and authorize appropriation of funds. Seconded by Councilmember Brown. The motion was approved unanimously. ..,s RESOLUTIONS **Councilmember Barr moved to approve Resolution R2010-42—a Resolution of the City of Friendswood, Texas, finding that Texas-New Mexico Power Company's requested increases to its electric transmission and distribution rates and charges within the City should be denied; finding that the City's reasonable rate case expenses shall be reimbursed by the company; 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 McGinnis. The motion was approved unanimously. **Councilmember Barr moved to approve Resolution R2010-43—a Resolution of the City of Friendswood, Texas, hereby designating Councilmember Bill Holbert as representative and Councilmember Patrick McGinnis as alternate to the Houston-Galveston Area Council 2011 General Assembly and Board of Directors. Seconded by Councilmember Hill. The motion was approved unanimously. Councilmember Holbert left Council Chambers at 9:23 PM. "*Councilmember Barr moved to approve Resolution R2010-44 — a Resolution of the City Council of the City of Friendswood, Texas, determining that a water meter easement is needed for construction and maintenance of utility improvements at Friendswood High School; approving the acceptance of said easement from Friendswood Independent School District, property owners. Seconded by Councilmember Hill. The motion was approved 6-0. ORDINANCES ..� **Councilmember Barker moved to approve the Second and Final reading of Ordinance 2010-34, an Ordinance authorizing and allowing, under the act governing the Texas Municipal Retirement system, 12/06/2010 3456 .r. "Updated Service Credits" in said system on an annual basis for service performed by qualifying members of such system who at the effective date of the allowance are members of the City of Friendswood; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; and establishing an effective date for the ordinance. Seconded by Councilmember Hill. The motion was approved 6-0. ""Councilmember Barr moved to approve the First reading of Ordinance T2010-36, 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 1.1945 acre tract of land located at FM 518 at Whispering Pines, within the City from Community Shopping Center (CSC) to Downtown District (DD), such tract also being a 1.1945 acre tract of land out of Lot 1, Block 6, Friendswood Subdivision, Sarah McKissick League, Abstract 151, 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 severability. Seconded by Councilmember Hill. The motion was approved 6-0. **Councilmember Barker moved to approve the First reading of Ordinance T2010-37, 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 19'h day of November, 1984, and being the Zoning Ordinance of the City, by amending Section 7.5 "Community Overlay District" by amending Subsection (2) by expanding the boundaries of the Community Overlay District; providing a penalty of an amount not to exceed $2,000 for each day of the violation of any provision hereof; and providing for severability. Seconded by Councilmember McGinnis. The motion was approved 5-1 with Councilmember Brown ""` opposed. Councilmember Holbert returned to Council Chambers at 9:28 PM. **Councilmember Barr moved to approve the First reading of Ordinance T2010-38, 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, by amending Section II(B)(4)and II(E)(3), to require the mailing of ineeting notices to property owners within 200 feet of the exterior boundary of any property subject to certain applications for preliminary plat, final plat or short form final plat; providing a maximum penalty in an amount of$2,000 for violation of any provision hereof; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; and providing for severability. Seconded by Councilmember Hill. The motion was approved 6-1 with Councilmember Brown opposed. **Councilmember Holbert moved to approve the First reading of Ordinance T2010-39, an Ordinance amending Appendix C of the Friendswood City Code, said Appendix C being City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally adopted the 19th day of November, 1984, and being the Zoning Ordinance of the City, by amending Section 8, Supplementary District Regulations, Subsection J, Performance Standards Subsection 2(A) to make the Noise Standards of the Zoning Ordinance consistent with Chapter 54 of the city Code; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Hill. The motion was approved 6-1 with Councilmember Brown opposed. "*Councilmember Barr moved to approve the First Reading of Ordinance T2010-40, an Ordinance amending Appendix A of the Code of Ordinances of the City of Friendswood, Texas, being the City's Sign Ordinance, by amending Section 1 thereof by adding a definition for "Handheld Sign"; by amending Section 14, entitled "Portable Signs," by providing for regulation of handheld signs; and by amending � Section 24, entitled "Signs on Vehicles"' by providing for regulation of vehicles displaying advertising; providing a maximum penalty in an amount of $2,000 for violation of any provision hereof; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; and providing for severability. 12/06/2010 3457 ... Seconded by Councilmember Holbert. The motion was approved 6-1 with Councilmember Brown opposed. "*Councilmember Holbert moved to approve the First Reading of Ordinance T2010-41, 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 Regulation Matrix Table and notes for Commercial Districts contained in Section 7-Q District Area and Height Regulations by adding letters that reference the corresponding matrix; 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 thereof; and providing severability. Seconded by Councilmember Barr. The motion was approved unanimously. **Councilmember Holbert moved to approve the First reading of Ordinance T2010-42, an Ordinance amending Appendix C of the 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 deleting Subsection J(10) of Section 8 "Supplementary District Regulations"; providing a penalty of an amount not to exceed $2,000 for each day of the violation of any provision hereof; and providing for severability. Seconded by Councilmember Barr. The motion was approved unanimously. With concurrence of Council, Mayor Smith moved to Agenda Item 16J, Ordinance T2010-44. **Councilmember Holbert moved to approve the First and Final Reading of Ordinance T2010-44, an Ordinance amending City of Friendswood, Texas, Ordinance No. 2009-22, same being an ordinance approving and adopting the City's General Budget for Fiscal Year 2009-2010 by approving "Budget Amendment XI" 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 McGinnis. "**Councilmember Barr moved to amend the main motion to remove the $76,098 related to Vinson & Elkins, LLP bond validation suit from this ordinance. Seconded by Councilmember Barker. The motion to amend was approved 5-2 with Mayor Smith and Councilmember Brown opposed. Roger Roecker stated that if the amendment is approved there will need to be a second reading of the amended ordinance. ***'`Councilmember Brown moved to table Ordinance T2010-44. The motion died for lack of a second. *""**Councilmember Holbert called the question. There was no objection to calling the question. ****"*The main motion, as amended, was approved 6-1 with Councilmember Brown opposed. *"Approval of the First and Final reading of Ordinance T2010-43, an Ordinance amending City of Friendswood, Texas, Ordinance No. 2010-28, passed and approved October 4, 2010, same being an ordinance approving and adopting the City's General Budget for Fiscal Year 2010-2011, by approving "Budget Amendment I" to the "Original General Budget of the City of Friendswood, Texas, for the Fiscal Year 2010-2011'; providing for supplemental appropriation and/or transfer of certain funds; providing for severability; and providing other matters related to the subject died for lack of action. ..., 12/06/2010 3458 � **Councilmember Barr moved to approve the First reading of Ordinance T2010-45, an Ordinance amending Article IV of Chapter 26 — "Environment" by adding certain provisions and making certain text changes thereto by adding the term "grass" to the definition of "weeds," declaring a nuisance to exist when grass and weeds grow to a height in excess of finrenty-four inches (24") less than fifty feet(50') from adjacent property or right-of-way on uncultivated land, allowing the City to abate nuisances under this article by notice provided in accordance with state law, and authorizing the City to contract with third parties to abate any nuisances under this article; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Hill. The motion was approved 6-1 with Councilmember Brown opposed. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Barker stated he had no report. Councilmember Barr stated the Friendswood Mustangs playoff game is in College Station at Kyle Field on Saturday and there is also the Christmas Parade and Holiday in the Park which is becoming a large event for the community. Councilmember Hill stated he attended the City of Friendswood Employee Christmas party and it was the best Christmas party he has ever attended, is honored to have a small part in being associated with the people that work for this town and wishes everybody in the City knew the class of people who work for us, and further stated he was honored to be where the true meaning of Christmas was celebrated. Councilmember McGinnis stated the Library Advisory Board is working on a strategic plan and the board .—. would like input. Councilmember Holbert stated he has been asked to pass along thanks to Councilmember Hill and Public Works Director Kaz Hamidian from the Friendswood Future Farmers of America (FFA) organization. There was a terrible problem at the agriculture barn in that the parking lot was full of mud with large holes. He reported that Councilmember Hill donated his time to grade and smooth the parking lot, an anonymous donor provided asphalt and Kaz Hamidian hauled it with the City's trucks. Councilmember Holbert stated he rented a roller and spread the asphalt and that after ten hours of working on that he and Councilmember Hill decided to keep their day jobs. The FFA organization would like to feed Mr. Hamidian and Councilmember Hill in thanks for what they did. Councilmember Brown thanked the Friendswood Community Services Department for the Holiday Hustle 5K Fun Run/Walk, believes it was the best attended event they have had, and Happy Hanukkah and best wishes during this holiday season. Mayor Smith stated tomorrow is an important day in this country's history because it is the anniversary of the first time our country was attacked on its home soil since the American Revolution. His thoughts go out to the families who sacrificed for us. He wished good luck to the girls and boys in blue this weekend, recently took the 13 and 14 Year Old Girls Youth Soccer Team to the State tournament in Brenham and extended congratulations for coming in third place at the tournament, had a great season, was a great group of girls and great families who have supported each other for a long time. He stated he would like to wish City Staff and the City of Friendswood a Merry Christmas. The Christmas party was very nice and Staff did a great job. CONSENT AGENDA ,,,v„ "*Councilmember Holbert moved to approve the Consent Agenda as presented. A. Ratifying and confirming acceptance of the Homeland Security Grant Program for $38,700 for improvements to the Emergency Operation Center(EOC); B. Ratifying and confirming the Mayor's signature on the Fiscal Year 12/06/2010 3459 ... 2010 chapter 59 Asset Forfeiture Report; C. Accepting the October 2010, Property Tax Report; D. Approving the minutes of the October 04, October 18, November 01, and November 15, 2010, City Council Meetings. Seconded by Councilmember Hill. The motion was approved unanimously. A motion was made and approved to adjourn at 10:06 PM. �, '�' y t ;., or David J. . Smith Attest: o� FR�ENps `�� �,�SZ-Q-���� � �o � v Melinda Weish, TRMC City Secretary * * 5+�,�T� O� ���Q,y ..,� .s.