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HomeMy WebLinkAboutCC Minutes 2011-10-17 Special 10/17/11 3792 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( OCTOBER 17, 2011 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, OCTOBER 17,2017,AT 6:00 PM AND A REGULAR MEETING AT 7:00 PM AT FRIENDSWOOD I CITY HALL, COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD,TEXAS,WITH TE FOLLWONG PRESENT CONSTITUTING A QUORUM: MAYOR DAVID SMITH MAYOR PRO-TEM JIM HILL COUNCILMEMBER MICHAEL BARKER � COUNGILMEMBER BILLY ENOCHS COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER JOHN SCOTT COUNCILMEMBER DEIRDRE BROWN CITYATTORNEY ARNOLD POLANCO CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH Mayor Smith called the meeting to order. Mayor Smith asked if anyone would like to speak regarding the subject of the closed Executive Session. No one spoke. Hearing no comments, Mayor and Council convened into Executive Session. ( CLOSED EXECUTIVE SESSION Council convened into Executive Session in accordance with the Texas Govemment Code, pursuant to , Section 551.076: Deliberation regarding security devices or a security audit (Response to breach of City ! electronic communicatioo systems). �I Council closed the Executive Session and convened into Regular Session with no action taken later in the i meeting. i SPECIAL SESSION No motion was made regarding security devices or a security audit. I REGULAR MEETING I Mayor Smith called the meeting to order. I The invocation was given by Public Works Director Kaz Hamidian. li Mayor Smith Ied the Pledge of Allegiance to the United States and to the State of Texas. Ii � '� 10/17/11 3793 JOINT DOCKETED PUBLIC HEARING I Mayor Smith and Planning and Zoning Commission Chair Kevin Holland called the 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.J. and Section 8.H., Planned Unit Development(PUD) standards and requirements. Planning and Zoning Commission Chair Kevin Holland asked if anyone would like to speak in favoror against the amendment. No one spoke. Mayor Smith and Planning and Zoning Commission Chair Kevin Holland called the hearing to order to receive comments from the public, both oral and written, regarding amending Appendix C,Zoning Ordinance of the Ciry of Friendswood Code of Ordinances, regarding amendments to Section 7, Permitted Use Table, regarding Planned Unit Development(PUD), PUD mixed use. Planning and Zoning Commission Chair Kevin Holland asked if anyone would like to speak in favor oragainst the amendment. No one spoke. Mayor Smith and Planning and Zoning Commission Chair Kevin Holland called the hearing to orderto 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, Permitted Use Table, regarding change in uses allowed in Neighborhood Commercial. Planning and Zoning Gommission Chair Kevin Holland asked if anyone would like to speak in favor or against the amendment. No one spoke. Mayor Smith and Planning and Zoning Commission Chair Kevin Holland called the hearing to orderto receive ii 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 9.H.2., Site plans required, regardi�g Planned Unit Development(PUD). Planning and Zoning Commission Chair Kevin Holland asked if anyone would Iike to speak in favororagainst the amendment. 'No one spoke. Planning and Zoning Commissio� Chair Kevin Holland adjourned the Planning and Zoning Commission's portion of the Public Hearing and adjourned to the upstairs conference room. Mayor Smith kept Council's portion of the Public Hearings open. COMMUNICATIONS FROM THE PUBLIC There were no communications from the public. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Senior Citizens Advisory Committee Chair Paul Gordner gave the annual report on the activities atthe Senior , Center. He stated the excellent Staff comprised of Senior Program Manager Genie Balderaz,Assistant Senior Manager, Jamie Eubanks, and Recreation Attenda�t Tom Hutchinson are doing an outstanding job of managing the operation of the Center. Jamie Eubanks is in her new position and doing a splendid job and is weil liked by everyone. The Community Services Departmenfs Recreation Coordinator Michael Boyett provides excellent overall supervision. In addition to all of their duties,the Staff publishes a monthly newsletter with over 800 mail outs. I i 10/17/11 3794 They also provide daily transportation to and from the Center. The Ciry has provided the Activity Centera bus and a qualified Staff to accommodate the needs and desires of Friendswood's growing number of senior citizens. Activities to improve seniors physicaliy, mentally,and socially are provided through classes such as Tai Chi, exercise, clogging, Zumba, Wii Bowling, line and tap dancing as well as painting, crochet, quilting, LifeStory, Spanish, Bible study, and games such as Bunco, Bridge, Mahjong, and dominoes are available. There is also a monthly health screening with Apostle Home Health and numerous informative luncheon talks. The average daily attendance at the Center is 64. Annual events include the spaghetti luncheon, spring and fall picnic, fishing tournament,volunteer luncheon,watermelon bash and Bingo,Casino Extravaganza,and the health fair. Holiday events include the Valentine dance, Thanksgiving potluck,Veterans potluck, Christmas Iuncheon and the Cinco de Mayo celebration. Trips and outings are a real hitwith the seniors and everyone is looking forward to the arrival of the new bus. A total of 43 trips to various attractions were made this year. Four of these trips were casino trips to L'Auberge du Lac and Coushatta, and overnight trips to Paragon and Delta Downs. Other trips included sightseeing excursions, shopping trips,and entertainment outings. Some accomplishments this year are a covered walkway for the bus passengers,outdoor benches and tables made by the Boy Scouts, mirrors along one wall at the request of the dance and exercise classes, a new tile floor, new lighting outside of the building, new carpet in both offices, and a wonderful garden. Some classes now have as many as 35 participants so a larger facility may be�eeded in the future. As you can see, it has been a very busy year and there is expectation for bigger and better things to happen in the future. Councilmember Enochs asked Mr. Gordner to speak regarding the Friendswood Senior Citizen Program's second annual Veteran's Day celebration coming up and Mr. Gordner stated committee member Frankie Santoro knows more about it so he would let her speak on that event. Frankie Santoro spoke and said there were 85 attendees last year and the guys have started to meet regularly. The idea is to give a hvo to three minute speech in which they tell exactlywhat they did while in the military,would like to get it on CD in orderto share with the youth, and those in attendance will be speaking on different experiences and different wars. The Veterans Day celebration wili be on November 09, 2011,from 11:00 AM and 2:00 PM with a hot meal and is sponsored by AT&T Pioneers. The Veterans have made a lot of connections amongst each other and it has been great. CITY MANAGER'S REPORT i City Manager Roger Roecker stated in October of 2003,the Ciry teamed up with the Friendswood Chamber of Commerce (Chamber)to conduct the first annual Broker Event on the same day as the Chamber's Annual Golf Tournament. This year's Ninth Annual Broker and Developer Day event and Fourteenth Annual"Swing into Fali"Golf Tournamentwill be held on Thursday, October 20,2011,at Timber Creek Golf Club. Each year, there are about 50 attendees at the workshop, and more than half of the participants at the Chamber's golf � tournament are from the broker event. This year, Dr. Harold Hunt, Research Economist at the Texas A&M j Real Estate Center, and Barbara Cutsinger and Dan Seal of Bay Area Houston Economic Partnership will be I the featured speakers at the event. The Mayor, the Chair of the Community and Economic Development I Committee, and Staff will make presentations and interact with the commercial brokers interested in doing � business in Friendswood. Staff appreciates Mayor Smith and Council's involvement in this important event. The City Manager reported that in one of the Iargest grant-funded projects in the City of Friendswood's history, � the City successfully secured $2 million in federal grant funding in 2009 for the purposes of stimulating li economic developme�t activities that will benefit the regional economy. This Economic Development i Administration(EDA)grantwas designed to create waterand sewer infrastructure in the Harris County portion 'i of Friendswood, near Beamer Road and FM 2351. Numerous prospects have been interested in development ' in this area over the years, but the absence of water and sewer infrastructure in that area has hindered its ', widespread development. Construction of the water and sewer lines in Friendswood's north end, or what is I commonly known as Friendswood's`Panhandle'area, is complete. More than two miles of water and sewer I pipe have been installed as a part of this construction. ' � 10/17/11 3795 These infrastructure improvements will make commercial development much more desirable,especially given I the proximity to Interstate 45. Also, the lower than expected bid on this project left the City with another ! opportunity. The City requested that the EDA allow the Ciry to use leftover funds for additional improvements in this `Panhandle' area, and have recently learned that the request was approved. These three new improvements will include a new reader board sign similar to the one at Stevenson Park, to be Iocated near the corner of FM 2351 and Blackhawk Boulevard, irrigation and landscaping along the medians on FM 2351 from Beamer Road all the way to FM 518, and a new metal mast arm traffic signal at the intersection of FM 2351 and Blackhawk, similar to the mast arms in front of the Public Safety building and at the entrance to West Ranch. Again, aIl three of these projects will be funded with the remaining EDA grant funding. Given their costs,the irrigation/landscaping and the traffic signal will each need to be bid, and Council will see those on agendas in the near future. Staff is very excited about these improvements along FM 2351. The City's EDA grant project has been a great success for Friendswood as work continues to diversify the City's tax base. The City Manager reported that City staff continues to seek alternatives to reduce fuel costs. Staff has been in communication with both Friendswood Independent School District (FISD) and Clear Creek Independent School District (CCISD) on a possible partnership allowing City vehicles to fuel at District facilities. The estimated annual savings based upon the proposed agreement is approximately�38,000 to�40,000 annually. Staff anticipates presenting Council with the FISD agreement for consideration at the first meeting in November. The City Manager reported that in conjunction with America Recycles Day, the Keep Friendswood Beautiful Committee is holding the annual FaII HauI-A-Day, City Wide Cleanup and Garage Sale event on Saturday, November 05, 2011, at Centennial Park, 2200 S. Friendswood Dr.,from 8 a.m.-2 p.m. Only non-hazardous items will be accepted. Examples of accepted non-hazardous items include tree limbs, grass clippings, oId i appliances, old fumiture, unwanted wood, metal, and plastic, large and small. Residents can donate garage I sale items to Keep Friendswood Beautiful (KFB) who will be accepting items such as furniture, household I items, bikes, etc., in good condition but clothing will not be accepted. Garage sale items can be dropped off ' the morning of the event at Centennial Park. All proceeds from the garage sale will benefit the beautification of City facilities and parks. KFB would like to encourage residents to bring items thatwould benefitthe wildlife rehabbers in Friendswood. They need aquariums (do not have to hold water), dog and cat kennel carriers, clean rags (towelslshirts), and shallow crock bowis. These volunteers take care of the many injured wild animals that make their homes in Friendswood's green space. Hazardous waste will not be accepted. Examples of items that will not be accepted include tires, paint, batteries, oil, or any other household hazardous waste. Friendswood residents can still drop off their household hazardous waste by visiting Pearland's Stella Roberts Recycling Center located at 5800 Magnolia in Pearland. This event is for the citizens of Friendswood. � "Councilmember Enochs moved to approve the reappointment of Susan Delcambre to the Keep Friendswood Beautiful Committee for a three year term to expire November 2014. Seconded by Councilmember Scott. The motion was approved unanimously. '*Councilmember Enochs moved to approve the appointment of Rachel Vargas to the Fourth of July Steering ii Committee to fill an unexpired term to expire November 2012. Seconded by Councilmember McGinnis. The motion was approved unanimously. '*Councilmember Scott moved to approve the reappointment of Mel Measeles to the Parks and Recreation i Board for a three year term to expire November 2014. ' Seconded by Councilmember Hill. The motion was approved unanimously. , � �I il 10/17/11 3796 "Councilmember Enochs moved to approve the appointment of alternate member Irma Trevino to the Senior Citizens Advisory Committee to fill the unexpired term of resigned member Mona Palmerwith a term to expire November 2013, and to also appoint Maria Leal as an alternate member to fill an unexpired term to expire November 2013. Seconded by Counciimember Brown. The motion was approved unanimously. "Councilmember Hill moved to approve a financing agreement to purchase a Class A Pumper Truck for the Friendswood Volunteer Fire Department. Seconded by Councilmember Barker. The motio�was approved unanimously. "Councilmember McGinnis moved to discuss the scheduling of an informative Town Hail meeting/Council workshop with speakers educated in oil and gas issues to discuss concerns regarding general concerns regarding pipelines in the area and pipeline construction and seismic testing issues in the City of Friendswood and neighboring areas. (Previously tabled 10/03/11) Seconded by Councilmember Hill. Discussion was held between the Mayor,Council, City Manager,CityAttomey,and Staff regarding what Ied up to this need. Community Development Director Morad Kabiri opened discussion by stating this is a result of the discussion held at the October 03,2011,Council meeting and presented a PowerPoint presentation,which addressed several issues relating to pipelines and seismic testing within a city, showed comparative cities' guidelines and reguiations, and further discussio� ensued. '**Councilmember Barker moved to amend the existing motion from "discuss only" to "defer to the Ciry Manager to add the subject to a workshop/town hali schedule". Seconded by Councilmember Hill. The amended motion was approved unanimously. '*Mayor Smith moved to agree that the Rules of Procedure refiect the practice of using Communications from j Mayor and Councilmembers for innocuous and benign subject matter. Secanded by Councilmember Hill. Lengthy discussion took place between the Mayor,Council and CityAttorney regarding the definition of terms and types of subject matter, past practices, and process of the Rules of Procedure for Mayor and Councilmembers'comments. '"'Councilmember Barker moved to limit the current debate to five minutes per Councilmember. Seconded by Councilmember Enochs. The motion failed,4-3 with Councilmembers Brown, McGinnis, and Scott opposed. I "Councilmember McGinnis made a point of information and asked if a super majority is needed to approve the motion to limit the current debate and the Mayor answered yes. Mayor restated the motion is that Councilmembers' comments would be factual in nature and not subject � matter fit for discussion of Council. City Attorney Arnold Polanco darified that there is a section in the Govemment Code that talks about items , that can be discussed under Councilmembers' comments without language being placed on the agenda, i asked if Mayor Smith is directing Staff to bring a proposed amendment to Council Rules of Procedure thatwill I mimic that with additional areas that would be included in the items of community interest. i �� ,I � 10/17/11 3797 '"'"Mayor Smith amended the original motion to state that Council consider that the three agenda items 12. ! Consideration and possible action regarding comments to include but not limited to Charter Review � Commission selection, including but not limited to comments made by Kirk Lippert, 13. Consideration and possible action regarding Information Technology updates, a�d 14. Gonsideration and possible action regarding update on Solid Waste contracts which were submitted for Mayor and Councilmember Comments should be placed under Consideration and Possible Action for the purpose of future agendas. Seconded by Councilmember Hill. The amended motion was approved 6-1 with Councilmember Brown opposed. Further discussion took place between Mayor and Council regarding the location of the agenda items, the motion itself,and the need for clarity,speed and a decision made so the question could be decided and could move forward. **Councilmember McGinnis moved to discuss regarding comments to include but not Iimited to Charter Review Commission selection, including but not limited to comments made by Kirk Lippert. Seconded by Councilmember Brown. The motion failed 2-5 with Mayor Smith and Counciimembers Barker, Enochs, HiII, and Scott opposed. Discussion took place between Councilmembers Brown and McGinnis regarding why it is important to discuss these items, tumed into a fight when tried to clarify reasons for not supporting a particular candidate, �, information should have been made available, and would have been helpful to discuss the issue. **Councilmember Brown moved to allow Councilmember Brown to inform Council of the fact that the cities of LaPorte and League Ciry have done Information Technology Strategic updates. Seconded by Councilmember McGinnis. I Discussion took place beiween Council regarding the cost and needs for an IT strategic plan. � � I "*Councilmember Brown withdrewthe motion to aliow Councilmember Brown to inform Council aboutthe fact that the cities of LaPorte and League City have done Information Technology Strategic updates. "'Councilmember Brown moved to discuss updating the Council that the City of Carrollton has a separate web page where they outline their recycling, solid waste and hazardous waste trash information. Seconded by Councilmember McGinnis. ***Councilmember Brown withdrew the motion to discuss updating the Council that the City of Carrollton has a separate web page where they outline their recycling, solid waste and hazardous waste trash information. '*Councilmember Hill moved to amend the Order of Business of Rule 16, Item 12, Communications from I Mayor and Councilmembers have a time designated not to exceed three minutes per Councilmember and the Mayor shall retain the discretion to further limit or increase this time. Seconded by Councilmember Barker. Discussion took place between Mayor, Council,and CityAttomey regarding whether or not there is a need for time Iimits and the process by which this amendment might be implemented. � ***Councilmember Hill amended the motion to include that a simple majoriry of Council or the Mayor can Iimit �i or increase the designated time during the Communications from the Mayor and Councilmembers portion of the meeting. Seconded by Councilmember Barker. The amended motion was approved 5-2 with Councilmembers Brown �nd McGinnis opposed. I I II i � I I 10/17/11 3798 Further discussion took place between Mayor, Council and City Attorney regarding time limits and current rules. RESOLUTIONS "*Councilmember Barker moved to approve Resolution R201132-A Resolution of the Ciry Council of the City of Friendswood,Texas, approving an agreement fordefense and/or assertion of claims by and among the City of Friendswood,Texas, the City of Pasadena,Texas,and various other political subdivisions;and repealing all other resolutions inconsistent or in conflict herewith. Seconded by Councilmember Hill. The motion was approved 5-2 with Councilmembers Brown and McGinnis opposed. *`Councilmember Barker moved to approve Resolution R2011-33-A Resolution of the City Council of the Ciry of Friendswood,Texas, amending Appendix D of the Friendswood City Code to adopt a new schedule of fees to be charged by the Friendswood Police Department Humane Division. Seconded by Councilmember Brown. The motion was approved unanimously. Councilmember Enochs briefly left and retumed to Council Chambers at this time. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS I!I Mayor Smith and Councilmembers Barker, Enochs, and HiII stated they had no report. Councilmember McGinnis stated the Library Board will be meeting tomorrow night, October 17, 2011, to continue to discuss their long range plan, attended the annual Texas Municipal League conference lastweek, I learned a lot about parliamentary procedure, recycling, local strategies that other cities are doing for Mayors and Councilmembers, and visited with some vendors to learn about items he believes would benefit the City. Councilmember Scott stated Senior Recognition Night forthe Friendswood Broncos is this Saturday,October 22,2011, at Centennial Park, and there will be close to 450 participants between five and twelve years of age. � Councilmember Brown reminded that the Friendswood Chamber of Gommerce sponsors Halloween in the � Park and encouraged everyone to attend. CONSENTAGENDA I '*Councilmember Hill moved to approve the Consent Agenda as presented:A.Approving an agreement fora i Household Hazardous Waste Depository with the City of Pearland. B. Approving the release of the maintenance bond for AAA Asphalt Paving, Inc.,forthe 2009-2010 Street Mai�tenance Project.C.Approving the scheduling of the November Council meetings to November 07,2011,the second meeting November 14, � 2011, from 12 noon to 6:00 PM,due to the Thanksgiving holidays; and scheduling only one Council meeting , for December, being December 05, 2011, due to the Christmas holiday season. !, Seconded by Councilmember Barker. The motion was approved unanimously. !, Mayor Smith asked Cou�cil to look more dosely at Consent Agenda Item C for scheduling the November II� Council meetings and clarified that the November 14,2011, meeting will be a workshop,and therewill be oNy one meeting in December. Councilmember Brown clarified that the November 14, 2011, meeting will be a ' Special Meeting and Mayor Smith concurred. �I I i ,i I I 10/17/11 3799 CLOSED EXECUTIVE SESSION � i Council convened into Executive Session in accordance with the Texas Govemment Code, pursuant to 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. (Councilmember Deirdre Brown) Council did not convene into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.074: Personnel Matters; to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a pubiic officer or employee; or to hear a complaint or charge against an officer or employee. (Economic Development Coordinator Karen Capps) Council closed the convened Executive Session and convened into Regular Session with action taken later in the meeting. ACTION ITEMS I "*Cou�cilmember McGinnis moved to hear statements from Councilmember Brown and Mayor Smith regarding personnel matters. Seconded by Councilmember Scott. Councilmember Brown stated a long time was spent with Council in Executive Session, she found it very educational and good to speak with other Councilmembers to see different perceptions, a lot of the Councilmembers come from a different world view, her world view is different than some of the other Councilmembers, she does need to acknowledge that a little better in comments from the dais with Staff and with the public, she apologized to the public for some of the issues that have been on Council of Iate,the more i frustrated she gets the more responsiveness she would like to see quicker and she does not know if that is as � productive as it could be. She stated one does not think of themselves as a politician but sometimes one must be a little bit more of a politician and that is what she is learning here, that she needs to be a little bit more responsive to the needs of the other Councilmember and Staff and to make sure that the public understands that they are all here for the best interest of the City. She stated she does not think anyone doubts that but she thinks that everyone needs to know that they are here for the City. She then yielded the fioor to Mayor Smith. i In a formal statement, Mayor Smith stated"It is the opinion of this City Council that Councilmember Brown's I behavior and action towards Ms. Capps (Economic Development Coordinator Karen Capps)on September I 12, 2011, was conduct unbecoming a City Councilmember, that her behavior does not reflect this CounciPs � opinion of Ms. Capps or other members of Staff or the publia Ms.Capps is considered a valuable assetto the ; City of Friendswood. Ms. Brown has been admonished by her fellow Councilmembers and they expect that , her future behavior will be more reflective of the actions that our citizens expect from us as Councilmembers". ' **`The formal statement was accepted by an open call to vote and approved unanimously. I The meeting was adjourned at 11:52 PM. I i I orDavi .kl. Smith Attest: � �����6 ` 1,�,� ° h �A Melinda Welsh, TRMC ` � Giry Secretary �k � � I S'T�T� OP '��,�P� I � I I