HomeMy WebLinkAboutCC Minutes 2011-12-05 Special 12/05l11 3822
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
DECEMBER 05, 2011 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, DECEMBER 05, 2017, 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 BIILY ENOCHS
COUNCILMEMBER PAT MCGINNIS
COUNCILMEMBER JOHN SCOTT
COUNCILMEMBER DEIRDRE BROWN
CITYATTORNEY ARNOLD POLANCO
CITY MANAGER ROGER ROECKER
CITY SECRETARY MELINDA WELSH
SPECIAL SESSION
Mayor Smith called the meeting to order and asked if there were any communications from the public
regarding the Special Session topics and no one spoke.
City Manager Roger Roecker introduced a discussion with Jerry Byrd, Consultantwith Tatum, LLC,regarding
the Information Technology Strategic Plan. Jerry Byrd stated the City's technology has evolved rather than
been pianned, the successful implementation of the police sofhvare system has proven the value of industry
standard approaches as well as the City's ability to followthe industry standard approach and gave history on
how this was developed. He stated the background and approach was that a workshop was conducted with
the Project Team to evaluate the City's current state of technology delivery. The team evaluated the
technology delivery business model, recommended organizational changes, recommended Information
Technology functional structure, "Ownership" or stewardship of the technology, transition issues and
recommendations, prioritization, and the estimated five-year investment. The desired future state of
tech�ology delivery was determined by consensus in ten key attributes,which were governance,acquisition,
funding, projects, accountability, recommended organizational cha�ges,Technology Oversight Team,Chief
Information Officer (CIO), an in-house Geographical Information System (GIS), and a general technology
organizational realignment. Aiso discussed was additional technology staff, recommended Information
Technology functional structure, stated the external vendor support was not being utilized as it should, a
project manageme�t officer,and functional outsourcing,which is the notion that allows some things to be done
inside and bringing in outside sources to do others and so Tatum is recommending a "mixed-model" of
staffing. Vendor and/or consultant utilization,"One-off'projects,major roll-outs,majorsystem implementation,
Cloud implementations shouid be considered, Enterprise Resource Planning(ERP)systems support should
be done externally, Information Technology Staff work responsibilities are mostly maintenance of
infrastructure, implementing updates and fixes for ERP systems,desktop break/fix,smaller roll-out efforts,and
report developmenUwriting assistance. Infrastructure should be "owned" or stewarded by Information
Technology but user systems and data shouid be"owned" (stewarded) by users.
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Transition issues and recommendations are that many valuable recommendations can be implemented I
relatively easily and on a short timetable at low costs, such as establishing the Technology Oversight Team,
create a Project Management Officer position, identifying corporate sponsors for all existing projects,
technology Staff reorganizatio�, update current policies and processes, define Service Level Agreements
(SLA) between Information Technology and users, remaining elements will be addressed over the next
months and,for some,years, finalize and test the Continuity of Operations Plan(COOP)for the City, provide
technology training for all City employees, improve project outcomes and accountability through documented
processes—technology and business,create clear additionai policies and procedures,transform Information
Technology into a great customer service provider, create a Technology System Implementation Process,
realistically fund technology equipment replacement and software upgrade strategy. Mr. Byrd stated in terms
of prioritization, additional Information Technology Staff,and addressing the future of HTE/SunGard systems ',
needs to be addressed now. Important items are several items are at minimal/no cost such as improvements
to citizen access and training. For consideration at significant improvement at a relatively low cost are items
that provide improved operations,future budget planning, needed items to shift to more current approaches,
low cost and/or easy items may be accomplished sooner. Additional items not in top four segments are
virtually all items provide improved operations, reflects that a lot of technology needs updating or
implementing. Many of these items will move up the"food chain".
There is an estimated five-year investment for each phase. The first phase that is recommended to be
addressed�ow is the need for two IT/GIS Staff and to replace the current HTE system for an estimated cost
of $731,924 to $2,088,900. The next recommended phase considered important is infrastructure
improvements, phone system, training, off-hours support coverage for an estimated cost of $166,200 to
$523,500. The next phase that should be for consideration is ease of use email, Human Resources,web site
for an estimated cost of�32,000 to�186,300. The next phase for future budget planning is to replace many
systems and replace remaining systems for an estimated cost of�399,300 to$450,000. �
Councilmember Brown left Councii Chambers at 6:14 PM and retumed at 6:24 PM.
Councilmember Brown asked about numbers and asked if it is an added investment or total and Jerry Byrd
stated added, and did give worst case. Councilmember Brown stated cannot always access City e-mail
through the exchange server such as today she could not, it is intermittent. Jerry Byrd stated that was not
discussed, it may have been done on the cheap and she may need to shift how she does her e-mail, and
reported he spoke to Information Technology Deputy Director Todd Yeager about it earlier.
Councilmember McGinnis asked for an example of a City that has a Chief Information Officer. Jerry Byrd
stated Pearland and League City do not. Many cities have a Chief Information Officer but do not call it that,
has to be a strategic role, is more worried about the function more than the title, and needs to be someone
who is concerned about where the City is going to be in three to five years. Friendswood has tactical that
needs to be done now and will need a Chief information Officerwithin the next two to three years. Sugarland
does have a Chief Information Officer, Tatum LLC recommended one to Huntsville but it did not pass,
although they do have something similar. Councilmember McGinnis stated the City is behind in GIS,asked if
Friendswood can get economy of scale while partnering with another city. Jerry Byrd stated the Council of
Governments (COG) has some stuff but that is not the best partner you could find, shared borders and
common areas are needed, having a consortium is best, collaborative models are out there, for example,
police figured out they needed collaboration. Councilmember McGinnis stated data is going to the Cloud
concept and some server applications are outsourced to Cloud, asked if that is a trend in cities also. Jerry
Byrd stated the Cloud is not new, it is simply a data center but vendors are getting consensus on what it
should look like,is more ideal for backup storage but not primary data at this time. There are applications built
for the Cloud but are not ready for prime time, does not know any that are built for cities, that may be two or
three years away. Councilmember McGinnis asked if other cities have evolved to say Information Technology
is just as important as infrastructure and Jerry Byrd answered no, technology is mostly unseen, but if
infrastructure works with technology it becomes more important. I
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REGULAR MEETING
Mayor Smith called the meeting to order.
The invocation was given by Pastor Chris Hughes of New Hope Church.
Mayor Smith Ied the Pledge of Allegiance to the United States and to the States of Texas.
COMMUNICATIONS FROM THE PUBLIC
Sara Peters, Friendswood resident, addressed Council and stated she is one of the directors of the
Friendswood Fine Arts Iocal art collective, brings good news because the Friendswood Fine Arts has been
chosen by PepsiCo to participate in a $50,000 grant, encourages Council and citizens get on the website
wnvwi.ffaionline.com and vote for them which will help them be awarded the grant.
Evelyn Timmins, Friendswood resident, addressed Councii and stated she has lived in Friendswood for 16
years, is speaking regarding the Galveston Central Appraisal District Board election, does not know why the
Mayor voted for her, is not throwing away votes by voting for her, in an audit Iast year the Galveston Centrai
Appraisal District office was written up for not returning budget surplus to the City of Friendswood or to the
Friendswood Independent School District in a timely manner. The City of Friendswood got three years of back
surplus money. The Galveston Central Appraisal Districtwebsite is down and will be out for three weeks,the
board ballot is wrong, with the ballot came instructions from the appraisal district that is had to be made a �
certain way and is not made correctly. Either way,votes are wasted, voting for her now or continuing to throw
them away as they have for the past eight years. She personally wants more attention to detail from people
who spend her tax dollars, and if her nomination has done nothing more than to make them think seriously
about this board it will have been worth it. She thanked those who supported her nomination.
CITY MANAGER'S REPORT
City Manager Roger Roecker reported on the recent Fall HauI-A-Day Event. He stated Saturday,November 5,
2011,was Keep Friendswood Beautiful's Annual Fall HauI-A-Day at Centennial Park. This is a popular event
with Friendswood citizens. A totai of 451 residents attended the cleanup event. The entire Keep Friendswood
Beautiful committee of fourteen members worked the event. The Community Services Department had six
employees working,two Police Officers helped direct traffic at the entrance to the park,with four other events
going on simultaneousiy at the park, and six employees from the Galveston County Consolidated Drainage
District. Eight young people from Friendswood High School and Teen Court also worked that day. Pete
Garcia with Sonic Drive-In donated 60 brown bag lunches for all the workers at the event. IESI collected the
majority of the debris dropped off, and working all day with 25 employees at the event. They collected 325
cubic yards of green waste,55 tons of garbage,and 7.85 tons of inetal. The Galveston County Gonsolidated
Drainage District brought in their chipper for the green waste items and mulched 125 cubic yards of green
waste,which were six brush truckioads. Many items were donated for the animals that Wildlife Rehabilitators,
Inc., rescues. Donated items for the garage sale sold for$1,036.08,which wili go toward the beautification of
City facilities and parks. The remaining items were donated to Hope Village resale shop, and services to
transport them there were donated by Friendswood's Code Enforcement Officer(and volunteer for the day)
Cathy Gray's husband's company, Moving by Design. Copy Dr. arranged forthe services of a shredding truck
for the first time this year and it was a big success. The company was TriStar Shredding a�d they donated
their services working alI day to shred 8700 pounds of paper. Copy Dr.aiso agreed to provide this service for
aIl future Citywide cleanup events. Ackles Air & Heat was onsite to provide free Freon removal in the
appliances that were dropped off so that they could be disposed of properly. Thank you to the community-
oriented businesses and many generous, hardworking volunteers that helped make this year's Fall Haul-A-
Day a success. �
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The City Manager reported on several Community Holiday Events. Friendswood will be very busy throughout
the rest of this year with a number of events and activities. The City's Communiry Services Department,
Chamber of Commerce, Friendswood Heritage Gardeners, Friendswood Historical Society, 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. One of the activities
planned are the Friendswood Police Officers' Association Blue Santa Program. This annual charitable event
offers hope for children who might otherwise do without a visit from Santa Claus. 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. To donate new, unwrapped items please call Officer Lisa
Price or Corporal Michael Scambray at 281-996-3313 or drop off at the Friendswood Public Safety Building,
1600 Whitaker Drive, City Hall, 910 S. Friendswood Drive or the Chamber of Commerce, 1100A S.
Friendswood Drive. Another activity is the Holiday Hustle 5K Fun Run/Walk Kids K Run. The City of
Friendswood Community Services Department will be hosting the annual Holiday Hustle 5K Fun Run/Walk&
Kid's K on Saturday, December 3, 2011. The event will be held at Stevenson Park, 1100 S. Friendswood
Drive with day of registration from 7:00 AM to 7:45 AM, The Kid's K Fun Run(12&under)will start at 8:00 AM
and the 5K Fun Run/Walk wili start at 8:15 AM and is open to all ages. Cost of the event is$10 for the Kid's
K and $20 for the 5K for registrations by December 2, 2011. All registrations on the day of the race will be an
additional $5. T-shirts will be guaranteed to those who register before November 22,2011. All proceeds from
this event will go to the Laura Recovery Center Foundation (LRCF) in Friendswood. To find out more
information on the LRCF, visit theirwebsite atwww.lrcf.ora. Runners receive a trophy for top female and top
male in each age group, plus overall male and female. All walkers and Kid's K participants will receive a
ribbon. Parking will not be allowed in the Stevenson Park pool parking Iot,so please park behind City Hall or
on Shadwell. After the event, door prizes will be awarded and a pancake breakfast will be served for the
participants. Another activity is the Annual Friendswood Historical Society Tree lighting on Tuesday,
December 6,2011. The entire community is invited to this traditional celebration. The Christmas tree lighting i
wiil take place at the Frank J. Brown Museum, 108 Skyview Terrace and wili begin at 7:00 PM. The Museum
is open again for viewing and tours on Saturdays, following a long closing due to the construction work on
Skyview. Bring the kids to visitwith Santa, and stay for Gingerbread and Wassail and a Youth Choir from the
Friends Church. The Friendswood Heritage Gardeners will be providing the yummy gingerbread and assisting
with the event. Another event is the annual City Christmas Dinner. The City's Five Star Spirit Committee will
be hosting this year's Christmas Dinner at Friendswood Community Church with Santa arriving at 6:00 PM and
dinner served at 6:45 PM. City employees will receive Service Awards for five years and up,and current and
former Councilmembers, retirees and past winners of the coveted Five Star Spirit Award will be recognized.
Another event is the Friends of the Library December Book Sale. The Friendswood Public Library Book Sale
opens to the general public, vendors and booksellers starting at 12:00 PM, Saturday, December 10, 2011.
The sale continues during regular library hours, ending Saturday, December 31, 2011, at 5:00 PM. The
Library will be closed December 23-26. The Book Sale is sponsored by The Friends of the Library. All
proceeds go toward supporting library programming. The Preview Sale for Friends of the Library members is
Saturday, December 10, 2011, from 10:00 AM to 12:00 PM. The sale is open to the general public,
booksellers, and vendors after the preview at 12:00 PM. One can become a member of The Friends of the
Library for oniy$5 by asking at the Library Circulation Desk for a membership form. Be sure to stop by the
Library for wassail, cookies and Christmas music on the opening day. Another exciting event is the Fourth
Annual Santa in the Park. This year's Santa in the Park event has so many new, fun-filled activities and will
start much earlier in the day than in previous years. It will be held at Stevenson Park and coordinated by Keep
Friendswood Beautiful and the City of Friendswood. The fun begins at 3:00 PM on Saturday, December 10,
2011, and goes strong until 9:00 PM. Kids can enjoy hayrides, coloring contests, music, dancers, choirs,
refreshments, and a snow hill. Children can have pictures taken with Santa from 3:00 PM to 5:00 PM.
Sponsors are HomeTown Bank,The Alinda Martin Team,Matt Carlin&Associates,Clearthe Air,and In Tents
Party Supply who will provide a snow hill and two play areas with 40,000 Ibs. of snow. A children's train will
travel around the walking trail,a live band will perform and a Christmas concertwill take place from 7:00 PM to ,
8:00 PM. Pet adoptions will be available along with lots of other outdoor activities and local talent performing.
Food and beverages will also be available for purchase. AII are encouraged to bring a new,unwrapped gift for
the Blue Santa project, as the Friendswood Police will be there to coliect donations.
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The 25'"Annuai Christmas Lighted Parade will be sponsored by the Friendswood Chamber of Commerce and
begins at 6:00 PM on Saturday, December 10, 2011, from the corner of Friendswood Drive and Heritage
Drive, and ending at Stevenson Park. This year's theme is"Old Fashion Texas Christmas" and there is no
charge for parade entries. The City is certainly looking forward to this holiday season and all of the planned
activities. The Community Services Department has additional information for anyone wishing to participate in
these fun-filled events.
The City Manager reported on the City Empioyees organized Christmas Donation Drive. The City's Five Star
Spirit Committee recently organized for Ciry employees to donate items to the Ronald McDonald House this
holiday season. The Ronald McDonald House is a non-profit organization that creates, finds, and supports
programs that directly improve the health and well-being of children. Items that City employees will be
donating include food, toiletries, and other household items that families use on a day-to-day basis. Before
Christmas,the Five Star Spirit Committee will deliver the items to the Texas Children's Hospital,which works
closely with the Ronald McDonald House. The Committee plans to keep this tradition up each year, taking
suggestions from City Employees on which charitable organization the City should give to in that year. To
nominate an organization,an employee will be asked to submit a short story telling about an organization they
have experienced. In fact, this year, the Ronald McDonald House was chosen as a result of a personal
experie�ce that one of our City employees had with this charity.
The City Manager stated on behalf of the entire City of Friendswood, he would like to wish the Mayor,Council,
residents, visitors and all a safe and Merry Christmas and a happy New Year.
"Councilmember Hill moved to approve a contract with Freese & Nichols, Inc., for engineering design
services of a traffic signal at FM 2351 and Blackhawk Boulevard, authorizing the appropriation of funds and
authorizing the Mayor to execute the contract.
Seconded by Councilmember McGinnis. The motion was approved unanimously.
*'Councilmember McGinnis moved to approve a Memorandum of Understanding with Texas-New Mexico
Power Company's CitySmart Program for energy efficiency incentives.
Seconded by Councilmember Hill. The motion was approved unanimously.
'"Mayor Smith moved to approve suspending Rule 16 of the Council Rules of Procedure to allow an item to be
placed on the Council agenda for presentation and discussion regarding creating a new Single Family
Residential-Estate(SFR-E)zone.
Seconded by Councilmember Hili. The motion was approved unanimously.
"Councilmember Brown moved to allow a Planning and Zoning Commission special report regarding the
Single Family Residential Estate (SFR-E) presentation that has been prepared.
Seconded by Councilmember Hill. The motion was approved unanimously.
Pianning and Zoning Gommission Vice Chairman Mark McLean opened the Planning and Zoning Commission
meeting and stated Community Development Director Morad Kabiri has a special presentatio�and there will
be a subcommittee that will speak as well.
Community Development Director Morad Kabiri stated the Planning and Zoni�g Commission (P&Z) and
Council have tackled the Single Family Residentiai Estate(SFR-E)topic for over three years,and thought it
best to bring to Council since some Councilmembers are new, and want to make sure aIl are on the same
page and to get direction from Council. The City has always had SFR-E zoning but no properties have been
zoned to that classification, the Future Land Use Plan map shows properties in Friendswood that show over
2500 acres were designated SFR-E tracts. The estimated population at build-out with the current zoning is
56,092, with SFR-E is 54,774, and with SFR-E and reduced density is 50,684. Mr. Kabiri presented an
illustration, which showed you can put severai houses on a lot divided up in smaller lots. Councilmember
Enochs asked if you are showing what can happen under current zoning and Mr. Kabiri stated yes.
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Mr. Kabiri stated the subcommittee met and gave recommendations. The Pianning and Zoning Commission's �
subcommittee recommendations are to remove certain SFR-E designated lots from the�and Use Map that �
are smaller than rivo acres and within established subdivisions. Of the remaining SFR-E designated lots,
break up by geographical areas,have individual area town hall meetings,and establish a percentage of buy-in
for proactive rezoning.
Councilmember Brown stated she likes the SFR-E zoning, comes from an area where the real properry was
expensive so mansions were placed on small lots, supports two acre requirements if people opt in, has a
problem with mandating on existing property, would like to see it voluntary and believes in property rights,
thinks a Town Hall meeting will educate but may get more voluntary, thanks for the work done, thanked City
Planner Mona Miller for the great PowerPoint presentation.
Mayor Smith stated the quality of life eiement is there, the outcry came when a property owner divided his
property up into smaller lots,what is wanted is in the eye of the beholder and that is where property rights get
muddy, people that bought larger lots for country feel are being affected,neighbors are dissatisfied with cut up
lots, issues will arise more with property values going up, quality of Iife,sanctity and integrity is what brought
this up first. Mandatory versus voluntary is a tough one,telling someone they have to make a change is hard
but going voluntary does notwork because those participating voluntarily have protected their neighboragainst
themselves only, most are in Coward's Creek Subdivision, did not realize they were voluntarily going to
hamstring themselves without having the benefit of being protected by the people around them.
Cou�cilmember Hili stated pass this and let the people opt in, asked if they have a right to come in at a later
date and rezone and Mr. Kabiri stated yes they can and would be up to Councii to evaluate. Councilmember
Hill stated voluntary is better, if one has a bigger Iot they can decide,they may want to keep it the way it is,and
prefers something done better than nothing. I
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Mayor Smith stated Mr. Kabiri alluded that one of the questions is what threshold is acceptable for the next j
step to be taken. First step is what point Council would consider rezoning an area, asked would the
consideration level be 80 percent or 50 percent, the Planning and Zoning Commission wants to know the
threshold for consideration.
Councilmember Barker stated it wouid have to be a high number of people involved such as 80 percent.
Councilmember McGinnis stated he will be a stickler to protect property rights, is so important to underlying
liberties,the founders of United States thought it was important. He stated he thinks the furthest he could go
is if a homeowner wanted to voluntarily do that,would support, Ioves living on an acre and loves the larger lots
compared to smaller lots such as West University, falls to the idea of it being voluntary. The founders saw
property rights as extension of our lives and Iiberties and that should be kept in mind and respected.
Councilmember Scott asked if a precedent was being applied in neighboring communities and Mr. Kabiri
stated the typical lot size in the City in which he used to work was 50 feet by 100 feet and Friendswood had 90
feet by 120 feet lot sizes and he found that restrictive.
Councilmember Brown stated she is on the same page as Councilmembers Hill and McGinnis and would want
100 percent,and does not agree that it would be preserving property values. She stated the Ciry should allow
to voluntarily opt in, Iikes her small Iot and likes that there is flexibility in Friendswood,asked how much area is
being considered afterthe neighborhoodswith HomeownersAssociations have been removed and Mr. Kabiri
answered Windsong, Rancho Viejo, Coward's Creek, Lundy Lane, and Polly Ranch.
Councilmember McGinnis asked if it would be possible to do on lots not built out yet and Mr. Kabiri stated that
can be done but possible vesting rights might be an issue. �
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Mayor Smith stated property rights is the big issue, money is property too, doing nothing or allowing to be
voluntary means more of my dollars would have to pay for services when population goes over 50,000.
Zoning takes property rights away and Friendswood is a zoned community,taken to the nth degreewould be if
property rights are the issue should be able to build a garbage dump next to property, it is a matter of when
and not if because the demand for property in Friendswood is going to go up. P&Z Vice Chairman McLean
stated should hearfrom property owners, Iet the Planning and Zoning Commission follow their path and bring
people in and then make the call, each one will be unique because there is no one-size-fits-all,will require
notice and hearing, a knee-jerk reaction is not good urban planning.
Mayor Smith stated is hearing to let the Planning and Zoning Commission have discussions with affected
areas and then bring back to Council and P&Z Vice Chairman McLean stated yes and one size does not fit all
in each neighborhood, need to hear from residents in a Town Hall meeting to hearwhat they have to say and
they will have to go through the application process.
Gouncilmember Brown stated she agrees with P&Z Vice Chairman McLean but Homeowners Associations
(HOA)would have more narrow restrictions than the City, and for those neighborhoods that do not have an
HOA they can create one, is for the Town HaII meetings but should have an attorney there.
P&Z Vice Chairman Mark McLean stated it is not good to rely on an HOA for urban planning.
Gouncilmember Scott stated nobody erodes property rights like HOA's.
Councilmember Brown stated is not relying on urban planning for HOA's but it is already there.
Councilmember McGinnis stated the fact that only four properties have done this is not a huge outcry. P&Z
Vice Chairman McLean stated there is a huge outcry from the one neighborhood that has the Iargest pieces of
properties and there are appiications pending that have been put off while awaiting a decision by Council.
Councilmember Enochs stated he has not heard a good compelling need for change, may be creating more
problems, eminent domain is not the way to go because it could go into Communism so they need to move
slow, asked how two acres was the decided size and Mr. Kabiri explained that it was predominant in those
areas. Mr. Kabiri stated these are 16-acre tracts and not 10-acre tracts. Councilmember Enochs stated he
does notwant to stop the Planning and Zoning Commission from moving forward. Mr. Kabiri stated meetings
with citizens would be informational meetings only.
Councilmember Hill stated he would Iike to see Town Hall meetings with each subdivision, have had them
before with all subdivisions but these meetings should be specific to each subdivision.
Councilmember Barker stated he is fine with it.
Councilmember Brown stated she agrees with Councilmember Hill.
Mayor Smith thanked the Planning and Zoning Commission for taking up the issue and looks forward to
hearing from them in the future.
P&Z Vice Chairman Mark McLean adjourned the Planning and Zoning Commission meeting to the upstairs
conference room.
Councilmember Scott briefly left Council Chambers at 8:18 PM and then returned.
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"Councilmember Barker moved to review and discuss the disposition of RFP No. 2011-17 for Refuse ',
Collection and Disposal Services with no action taken.
Seco�ded by Councilmember Scott.
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Councilmember Barker stated he thinks some questions might need to be answered in Executive Session
based on a letter from City Attorney Arnold Polanco. Mayor Smith stated Councilmember Barker may amend
the motion to go into Executive Session. The CityAttorney stated the record needs to be clear that Council is
adjourning under the Government Code to receive legal advice and nothing beyond that.
Councilmember Brown stated point of information is a motion to discuss.
"*Councilmember Barker amended the motion to reviewand discuss aspects in Executive Session for advice
of legal counsel.
City Attorney Arnold Polanco clarified and stated that Council can adjourn into Executive Session under
Section 551.071 of the Government Code to allow the Ciry Attorney to provide information that the City
Attorney is required to maintain as confidential under the Texas Disciplinary Rules of Professional Conduct.
Councilmember Scott concurred with amended motion. The amended motion was approved unanimously.
Councilmember Brown stated she has not identified the legal issue that needs to be discussed and
Councilmember Barker answered the Executive Session is based on the Ietterwritten by Ross, Banks, May, ,
Cron &Cavin PC, discussing the Request for Proposals (RFP) issue. '
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. I
Council closed the Executive Session and convened into Regular Session with no action taken later in the I
meeting.
RECONVENE INTO OPEN SESSION
Lengthy discussion took place between Mayor, Council, City Attorney, City Manager and Administrative
Services Director Cindy Edge regarding background on the Recycling Committee and their work, Council's
directive to Staff to prepare a request for proposal, different service options and Ievels of service that were
proposed, discussed offering twice a week garbage pickup, recycling one time a week and a cart system,
alternatives considered as add-ons,further negotiation needed, narrow down the field to four companies,and
Council's consensus was to Iook at Waste Management, Nexus, IESI and Republic Services.
""Counciimember Brown moved to have a specific timeframe for Staff to come back to Councii.
Seconded by Councilmember HiII.
""*Councilmember Brown amended to have Staff come back to Councii with information at the first meeting
in January.
Councilmember Hill seconded the amended motion. The amended motion was approved unanimously.
Further discussion was held between Mayor, Council,City Manager and CityAttorney regarding the timeframe
possibly being too strict, companies needing more time to respond,whether the Recycle Committee needs to
weigh in or if the committee's job was already done and that is how this RFP came about, and what was the
committee's responsibility. Councilmember Brown made a point of information by asking if is hindered
because of confidentiality issues and the City Manager answered that it is up to Council and financials were
not provided because of confidentiality and only looked at services, discussed further options regarding the ',
confidentiality of the proposals and what is going to happen at the meeting in January.
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**Councilmember Barker moved to approve authorizing the Mayor to sign an application to the General Land
Office for Round 2.2 Disaster Recovery Funding for the expansion of Friendswood Link Road from Blackhawk
Boulevard to FM 518, and aiso to approve the associated Fair Housing Activity Statement(FHAST)form with
amendments.
Seconded by Councilmember Scott. The motion was approved 6-1 with Councilmember Brown opposed.
Assistant to the City Manager Nick Haby gave an overview and discussion was held between the Mayor,
Council, and City Manager and a reminder that this was item discussed at the recent Councif workshop.
'*'Councilmember Barker called the question and Mayor Smith asked if anyone objects and no one objected.
**Councilmember Barker moved to approve a fuel partnership agreement with Clear Creek Independent
School District.
Seconded by Councilmember Enochs. The motion was approved unanimously.
RESOLUTION
"Councilmember Brown moved to approve Resolution R2011-34-A Resolution of the City Council of the City
of Friendswood, Texas, Galveston/Harris Counties casting 137 votes for electing Evelyn Timmins to the
Galveston Central Appraisal District Board of Directors for 2012-2013. (Previously tabled 11-07-11)
Seconded by Councilmember McGinnis. The motion failed 3-4 with Mayor Smith and Councilmembers
Barker, HiII, and Scott opposed.
"`Councilmember Brown amended the motion to approve Resolution R2011-34-A Resolutio� of the City
Council of the City of Friendswood, Texas, Galveston/Harris Counties casting 66 votes to elect Evelyn
Timmins to the Galveston Central Appraisai District Board of Directors for 2012-2013. (Previously tabled 11-
07-11)
Councilmember McGinnis removed his second. The amended motion died for lack of a second.
"Councilmember Barker moved to approve Resolution R2011-34-A Resolution ofthe City Council of the City
of Friendswood,Texas, Galveston/Harris Counties casting 137 votes for electing Gary Jones to the Gaiveston
Central Appraisal District Board of Directors for 2012-2013. (Previously tabled 11-07-11)
Seconded by Gouncilmember Scott. The motion was approved 5-2 with Councilmembers Enochs and Brown
opposed.
ORDINANCES
"Counciimember Barker moved to approve the Second and Final reading of Ordinance No. 2011-34-An
Ordinance providing for increased prior and current service annuities under the Act governing the Texas
Municipal Retirement System for retirees and beneficiaries of deceased retirees of the City of Friendswood,
and establishing an effective date for the ordinance.
Seconded by Councilmember McGinnis. The motion was approved unanimously.
Councilmember Scott Ieft Councii Chambers at 9:53 PM.
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`*Councilmember Hill moved to approve the Second and Final reading of Ordinance No. 2011-35 - An �
Ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C —"Zoning", '
Section 7, "Scheduie of District Regulations," Subsection J, "PUD, Planned Unit Development, General
Purpose and Description'; Section 8, "Supplementary District Regulations," Subsection H., "Planned Unit
Development Standards and Requirements';Section 9,"Administration and Enforcement—Building Permits
and Certificates of Zoning Compliance," Subsection H., "Site Plan Process"; Section 7.Q., "Permitted Use
Table"and"Regulation Matrix—Residential DistricY';by providing for the adoption of amendments to the City's
Zoning Ordinance; providing a penalty in an amount not to exceed �2000, or as otherwise provided by law;
repealing all ordinances or parts of ordinances inconsistent or in conflict herewith and providing for
severability.
Seconded by Councilmember Brown. The motion was approved 6-Owith Councilmember Scott absent forthe
vote.
'*Councilmember McGinnis moved to approve the Second and Final reading of Ordinance No. 2071-36-An
Ordinance amending the Code of Ordinances of the City of Friendswood, Texas, APPENDIX C—"Zoning",
Section 7, "Scheduie of District Regulations," Subsection 7.Q., "Permitted Use Table," by providing for the
adoption of amendments to the City's Zoning Ordinance allowing NAICS use #6116, "Other School and
Instruction" and NAICS use #6244, "Chiid Day Care Services," in Neighborhood Commercial (NC) Zoning
Districts; providing a penalty for violation in an amount not to exceed�2000,or as otherwise provided by law;
repealing all ordinances or parts of ordinances inconsistent or in conflict herewith and providing for '
severability. I
Seconded by Councilmember Hill. The motion was approved 6-0 with Councilmember Scott absent for the
vote.
'*Councilmember Barker moved to approve the First reading of Ordinance No. T2011-38 -An Ordinance I
amending Section 14-2 and Appendix D of the Code of Ordinances of the City of Friendswood, Texas, by I
providing for the adjustment to various process and permit fees.
Seconded by Councilmember HiII. The motion was approved 4-2 with Councilmembers Brown, McGinnis
opposed, and Councilmember Scott absent for the vote.
""Councilmember McGinnis moved to approve the First and Final reading of Ordinance No. 2011-39 -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 Year2010-2011
by approving"BudgetAmendment XV"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.
Seconded by Councilmember Barker. The motion was approved 6-0 with CouncilmemberScott absentforthe
vote.
`*No motio� was made to approve the First and Final readi�g of Ordinance No. T2011-40 -An Ordinance
amending Ciry of Friendswood,Texas, Ordinance No.2011-31, passed and approved October 3,2011,same
being an ordinance approving and adopting the City's General Budget for Fiscal Year2011-2012 by approving
"BudgetAmendment II"to the"Original General Budget of the City of Friendswood,Texas,forthe Fiscal Year
2011-2012"; providing for supplemental appropriation and/or transfer of certain funds; providing for
severability; and providing other matters related to the subject.
No second was made. The ordinance was approved 6-0 with Councilmember Scott absent for the vote.
Councilmember Scott returned to Council Chambers at 10:05 PM.
12/05/11 3832
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmembers Barker, Hili, McGinnis, and Scott stated they had no report.
Councilmember Enochs stated in October 2011, the lJnited States Army and International Guard were
activated to go to College Station to get the State of Texas certified in its Homeland Defense Response Force
(HRF) function, or the hurricane response function. As a result of Hurricanes Katrina and Ike and 9/11, the
Secretary of Defense realized that, from a homeland stance,the country is not best postured to respond to a
major national disaster or a weapon of mass destruction going off in a large city. They utilized the Federal
Emergency Management Agency (FEMA) regions and allocated personnel packages and equipment
packages for response. The State of Texas was given the homeland response function and must become
certified. Certification means in less than one hour they must set up a decontamination tent to decontaminate
military personnel and civilians who were exposed to chemical,biologicai or nuclearcontamination. The State
of Texas passed this certification, so please be aware that those resources are available should the need
arise.
Councilmember Brown thanked City Staff forworking the Holiday Hustle and for Council allowing the proceeds
to go to the Laura Recovery Center. She reported that she runs the Hoiiday Hustle every year because it is
close to her heart, and encouraged those to give to the Laura Recovery Center or to the charity that is
important to them. She wished all a Merry Christmas and Happy Henukah. She thanked all for a year full of
the ability to serve and for the information that has been provided and encouraged alI residents to stay
involved.
Mayor Smith wished everyone a Merry Christmas and thanked the City Staff who keep all safe during the
holidays. His wished his fellow Councilmembers his best during the hoiidays.
CONSENT AGENDA i
'"Councilmember Hill moved to approve the ConsentAgenda as presented.A. Authorizing Council to invoke
Rule 1(A)of the Rules of Procedure to schedule the regularJanuary City Council meetings for January 9 and
January 23, 2011, due to the New Year's Day and Martin Luther King, Jr.'s Birthday holidays. B. Accept
October 2011 Property Tax Report. C. Approve Minutes of October 03 and October 17, 2011, City Council
Meetings.
Seconded by Counciimember Scott. The motion was approved 6-1 with Councilmember Brown opposed.
EXECUTIVE SESSION
Mayor Smith asked if any members of the public would like to provide comme�t regarding the topics to be
discussed in the forthcoming Executive Session and no one spoke. �
Council convened into Executive Session in accordance with the Texas Government Code, pursuant to
Section 551.074: — Personnel Matters; to deliberate the duties and assignments of a pubiic officer. (City
Attomey) �
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Council convened into Executive Session in accordance with the Texas Government Code, pursuant to
Section 551.074: — Personnel Matters; to deliberate the duties and assignments of a public officer.
(Councilmember Deirdre Brown)
Council recessed the Executive Session and reconvened into Regular Session with no action taken on the
Executive Sessions Iater in the meeting.
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RECONVENE INTO OPEN SESSION II
Mayor Smith stated Council has recessed the Executive Session and reconvened into Regular Session in I
order to address Councilmember Brown's request to determine how the Executive Session will be recorded.
"Councilmember Brown moved that all Executive Sessions be audio recorded from this point forward.
Seconded by Councilmember McGinnis.
Councilmember Brown stated that this had been attempted before and failed prior to new Councilmembers
being on Council, but new Councilmembers have been elected since that time. There was a preference to
audio record at one time, but that preference comes and goes. The Certified Agenda has no meat or detail to
it so there is no way to re-create that meeting. She has Iearned that it was very important that one Executive
Session was recorded because she has reviewed it and it was very helpful to have it. In this case,she would
like to have the meeting audio recorded.
Councilmember McGinnis asked if Councilmember Brown wants this meeting only or all meetings to be audio
recorded and Councilmember Brown stated she will amend her motion to be for this meeting only, but she
wants to make this motion in the future prior to each meeting. He stated he has asked in the past for audio
recording, other cities do a Certified Agenda. In tonighPs case, he respects Councilmember Brown's wish to
have it recorded because she is one of the topics of the Executive Session.
"'Councilmember Brown amended the motion to have the Executive Session audio recorded.
Seconded by Councilmember McGinnis.
Councilmember Barker stated there are lwo Executive Sessions. �
'*"Councilmember Brown amended the amended motion to refer to both Executive Sessions. j
Councilmember McGinnis seconded the amended motion. The amended motion was approved 6-1 with
Councilmember Scott opposed.
Councilmember Enochs asked City Attorney Arnold Polanco about the standard requirements for recording
and Mr. Polanco stated the law requires a Certified Agenda or a tape recording, it is optional as to which
Friendswood chooses.
Mayor Smith stated there are advantages and disadvantages with both because it can open up liabiliry and
can be used against both the City and the individual, such as audio recordings being opened by a judge.
Councilmember Enochs asked City Secretary Melinda Welsh if she is prepared to appropriately maintain an
audio recording and the City Secretary stated yes.
Mayor Smith stated he is in favor of the audio recording and called the question.
EXECUTIVE SESSION
Council reconvened into Executive Session in accordance with the Texas Government Code, pursuant to
Section 551.074: Personnel Matters; to deiiberate the duties and assignments of a public officer. (Ciry
Attorney)
Council reconve�ed into Executive Session in accordance with the Texas Govemment Code, pursuant to
Section 551.074: Personnel Matters; to deliberate the duties and assignments of a public officer. �
(Councilmember Deirdre Browo)
12l05/11 3834
Council closed the Executive Session and convened into Regular Session with no action taken later in the
meeting.
RECONVENE INTO OPEN SESSION
No action was taken for consideration and possible action arising from the deliberation of the duties and
assignments of a public officer. (Ciry Attorney)
No action was taken for consideration and possible action arising from the deliberation of the duties and
assignments of a public officer. (Councilmember Deirdre Brown)
The meeting was adjourned at 2:04 AM.
r David J.H. Smith
Attest:
n� q ( no �O� F�'EN�`��
��Q�l/ln�r:l'-1l ��`� V 9
Melinda Welsh, TRMC �
City Secretary � �
�j.�T� OF T��Q,eo
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