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HomeMy WebLinkAboutCC Minutes 2013-01-07 Regular 01/07/13 4056 STATE OF TEXAS )( CITY OF FRIENDSWOOD COUNTIES OF GALVESTONIHARRIS )( JANUARY 07, 2013 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JANUARY 07, 2013, AT 5:30 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR KEVIN HOLLAND MAYOR PRO-TEM JIM HILL COUNCILMEMER STEVE ROCKEY COUNCILMEMBER BILLY ENOCHS COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER JOHN SCOTT COUNCILMEMBER DEIRDRE BROWN (Arrived at 5:43 PM) CITYATTORNEY ARNOLD POLANCO CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH "Councilmember Scott moved to suspend Council's Rules of Procedure for the meeting to begin at 5:3 PM instead of 4:30 PM. Seconded by Councilmember McGinnis. The motion was approved 6-0. REGULAR SESSION Mayor Holland called the meeting to order. The invocation was given by Pastor John Davis with New Hope Church. Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Mayor Holland asked if anyone would like to speak to Council. No one spoke. WORK SESSION Mayor Holland opened the discussion regarding a Farmer's Market ordinance. Planning Manager Nick Haby presented a PowerPoint presentation on the discussion points regarding a Farmers Market, parking requirements, zoning requirements, should the City require a Specific Use Permit (SUP) far Farmer's Markets, or would a Special Events Permit be more appropriate, should County health inspectors do inspections, restroom facilities onsite, traffic control, setup and removal times, life safety such as generators and extension cords, and what type of items should be sold. Mayor Holland stated the Planning and Zoning Commission (P & Z) had discussed a Farmer's Market previously when P & Z had an applicant before, and Mr. Haby stated Staff still has the information and can review. Mr. Haby further stated that in Council's agenda packet there are attachments of sample ordinances from other cities. Councilmember Scott stated the Parks and Recreation Board has been looking at putting this together, ' have a lady that has experience doing a Farmer's Market in Pearland coming to speak at the February Parks and Recreation Board meeting, hopes to have more details after the meeting, she will be discussing a private run Farmer's Market and not a City Farmer's Market. The Parks and Recreation Board will gather a lot more information from the discussion with her in February. 01/07/13 4057 Councilmember McGinnis asked what happened to the applicant from two years ago, what was the issue. Planning Manager Nick Haby stated after it left P &Z it was brought to a Joint Public Hearing with Council ' on the SUP, and Council had questions regarding parking and health regulations. Subsequent to that meeting, the applicant withdrew his request. Councilmember McGinnis asked.what would be the best way to regulate, by an SUP or a Special Events Permit. Mr. Haby stated one option would be to amend the Zoning Ordinance and add something referencing Farmer's Markets instead of doing an SUP for each event. Councilmember McGinnis stated he thinks a Farmer's Market would be a neat thing to have in Friendswood. Councilmember Rockey stated he has spoken to the individual that brought the issue to Council two years ago who stated he is no longer interested, heard from other citizens this would be a good thing to have in Friendswood, asked if it is possible to limit what items are sold, and Mr. Haby answered yes. Councilmember Hill stated he agrees this would be a great thing for the City, should consider a fee to cover any expenses because there is no sales tax on natural foods. Councilmember Enochs stated he was excited when he heard the discussions a couple years ago, encourages community involvement, excited and wants to hear more about it, asked if the next Parks and Recreation Board meeting would be before the next Council meeting, and Community Services Director James Toney stated the person that is supposed to speak on Farmer's Markets is having a scheduling issue so they may not be able to come until February. Councilmember Scott asked what does the City do for FIG Festival or Concert in the Park, and Mr. Haby answered a Special Events Permit is issued. Councilmember Brown stated she provided Council with information already and has nothing new to add. With concurrence of Council, Mayor Holland moved to Agenda Item 10, City Manager's Report. ' CITY MANAGER'S REPORT City Manager Roger Roecker reported the Annual Tree Giveaway sponsored by Keep Friendswood Beautiful (KFB) will be held at Friendswood City Hall, January 19, 2013. The trees were chosen based on their suitability for the Friendswood area. Over 100 container trees will be given away to residents, only one tree per family. KFB will also have information on each species with planting instructions as well as educational information on recycling, reducing, and reusing waste around the home. A Master Gardener will also be on hand to explain how to keep the trees thriving and answer any questions specific to the trees. The trees are free to attendees on a first-come, first-serve basis, and KFB appreciates any and all donations to help with their projects. For more information and/or to make a donation, please check the City's website or contact the Community Services Department. The City Manager reported that City Staff has been working toward the installation of an electronic LED reader board sign at the intersection of FM 2351 and Blackhawk Boulevard. The electronic sign will be similar in appearance to the monument entryway signs installed over the past few years, and enhance the City's communication resources in the panhandle region/Harris County section of the City. The sign will be paid for from the 2009 Economic Development Administration (EDA) Grant dollars, which also funded the installation of the FM 2351/Beamer Road Utility Project. Additional 2009 EDA Grant dollars will also fund a traffic signal upgrade at FM 2351/131ackhawk Boulevard to an ornamental mast arm structure, as well as installing median irrigation and landscaping improvements along FM 2351 from Beamer Road to FM 518 later this year. Initial plans called for the LED reader board sign to be located within the right-of-way of FM 2351. The Texas Department of Transportation (TxDOT) did not approve that request, the location of the sign was moved to the first median within the right-of-way of Blackhawk Boulevard. Staff has worked closely with the Wedgewood Village Homeowner's Association regarding the signs ' location. The City is pleased to provide this additional communication resource to this section of the City and look forward to its completion toward the end of the month. 01/07/13 4058 The City Manager reported at the December Council meeting, Council directed Staff to begin forming a citizen committee to gain input for a possible future bond election. The second week in December a notice was sent soliciting volunteers from the community to serve on the committee. Nearly 40 residents have contacted Staff through email or by telephone to express their interest in serving and to seek additional information. Staff is currently gathering applications and setting up the first group meeting. The City Manager will keep Council apprised of the progress made regarding the Citizens Bond Advisory Committee. **Councilmember Rockey moved to suspend the Rules of Procedure to take agenda items out of order. Seconded by Councilmember Hill. The motion failed 1-6 with Mayor Holland, Councilmembers Rockey, Enochs, McGinnis, Scott, and Brown opposed. Councilmember McGinnis stated when Council discussed moving the agenda around last year it was decided action items would be done after 7:00 PM in order to hear citizen comments, should do easy ones before 7:00 PM. Councilmember Brown stated she had similar sentiments to Councilmember McGinnis. Council has talked about getting things done in a timely manner, assuming there is only one workshop topic on Council's list, if there are other workshop items on Council's list why were they not put on the agenda, concerned if the rules do not fit the time then need to change to fit, workshop items are usually placed by Staff. Mayor Holland stated Council owes the citizens an opportunity to speak on agenda items. Councilmember Hill listed several agenda items that were routine and could be done earlier than 7:00 PM. Councilmember Enochs stated he agrees with Councilmember McGinnis that Council needs to wait until 7:00 PM for citizen comments,Agenda Items 11-16 C should wait. With concurrence of Council, Mayor Holland moved to Agenda Item 17, Communications from the Mayor and Councilmembers. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Brown stated she has concerns about agenda item order, Bay Area Houston Economic Partnership(BAHEP) is looking for volunteers for the Washington D.C. trips, thanked Friendswood Animal Advocates, Friendswood Fine Arts Institute, Historical Society, Lighthouse Charity Team, and Laura Recovery Center for the work they do throughout the City, there is another play being held at the Purply Box Theater titled Steel Magnolias, she will play a part in the play. Councilmember McGinnis stated Council received an e-mail from the City Secretary on the upcoming Texas Municipal League Conferences, encouraged other elected officials to attend. Councilmember Enochs thanked Staff and all involved in the City's Christmas party, his family enjoye the party, thanked everyone involved in all the events throughout the City over the holiday season. Councilmember Rockey thanked the City's Water Department for shutting down the water at his house when he had a leak while he was out of town. At the last Planning and Zoning Commission meeting Commissioner O'Farrell presented an informative presentation on parking requirements, suggested inviting Commissioner O'Farrell to a Council meeting to give the presentation. ' Mayor Holland asked City Manager Roger Roecker to put that on the To Do list for Council. Mayor Holland stated Happy New Year to all at the meeting and on television, enjoyed the City's Christmas party, good time to get to know folks he does not normally get to interact with, the City is i 01/07/13 4059 blessed, commended the Police Department for helping folks over the holidays with getting keys out of locked cars, the City has great departments with good folks and they take care of people. Councilmembers Hill and Scott stated they had no report. With concurrence of Council, Mayor Holland moved to Agenda Item 18, Consent Agenda. CONSENT AGENDA **Councilmember Hill moved to approve items on the Consent Agenda as presented: A. Authorizing the acceptance of recent renovations to Fire Station No. 3 for the contractor's one-year maintenance period. B. Accept November 2012 Property Tax Report. C. Approve the minutes of the November 05, November 20 and December 03, 2012, City Council Meetings. Seconded by Councilmember Rockey. The motion was approved 6-1 with Councilmember Brown opposed. Mayor Holland recessed the meeting at 6:02 PM and reconvened the meeting at 6:45 PM. With concurrence of Council, Mayor Holland moved to Agenda Item 6, Special Recognition and Acknowledgements SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS City of Webster Finance Director Mike Rodgers, representing the Gulf Coast Government Finance Officers Association (GFOA), presented a Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 2011 to Administrative Services Director Cindy Edge and Administrative Services Deputy Director Rhonda Bloskas. This is the 24'" year for the City to receive this award. Ms. ' Edge introduced Ms. Bloskas, and thanked her and her Staff for the work they do so the City can continue to receive these awards. Community Services Director James Toney and Keep Friendswood Beautiful Chairman Sherry Goen thanked event sponsor HomeTown Bank for their contribution to Santa in the Park. Mr. Toney presented Bill Provenzano and Alan Rasmussen, representatives from HomeTown Bank, with a plaque thanking them for the $20,000 donation to the City of Friehdswood. Ms. Goens also spoke and thanked HomeTown Bank for their donation and helping with the planning of the Santa in the Park event, looks forward to many more years of working together. HomeTown Bank Vice President Alan Rasmussen thanked Council and stated HomeTown Bank is looking forward to a long partnership. With concurrence of Council, Mayor Holland moved to Agenda Item 9, Communications from Committees and Special Reports. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Zoning Board of Adjustment and Appeals (ZBOA) Chair Ron Dyer gave the annual report and briefly explained details of the four cases they had throughout 2012. Chair Dyer stated the board has five active regular members and four alternates, the five regular members are appointed for three year terms and are reappointed at the discretion of Council. One regular member has been there for a decade, is great to have that member's years of experience, also have four very dedicated alternate members who show up for meetings every time, only if a regular member is absent do alternates get to participate, has had alternates approach him to see what it would take to become a regular member. Chair Dyer suggested a rotation system, maybe could discuss further with Council, and wondered if Council was interested. ' Mayor Holland asked if Council was opposed to ZBOA working on this, alternate members are motivated to be at the meetings but do not always get the opportunity to serve. 01/07/13 4060 Councilmember Brown stated she has a concern with overstepping the Open Meetings Act, would be a great workshop topic for the future especially when Council has few workshops like tonight. Zoning Board of Adjustment and Appeals Chair Dyer asked if he could put it on ZBOA's agenda to see if there is any interest, and Mayor Holland stated he thought that was a good idea. Mayor Holland requested that Chair Dyer let the board know that Mayor and Council appreciate their work. With concurrence of Council, Mayor Holland moved to Agenda Item 7, Joint Public Hearing JOINT PUBLIC HEARING Mayor Holland and Planning and Zoning Commission Chair Mark McLean called the Joint Public Hearing to order to receive comments from the public, both oral and written regarding vacation of a 3' x 35' guy wire easement, a .0024 acre (105 sq. ft.) tract of land out of and a part of Lot 13, Block 12, Longwood Park Subdivision, on property located at 1310 Steele Drive, Galveston County, Friendswood, Texas. Planning and Zoning Commission Chair McLean asked if anyone would like to speak in favor or in opposition of the request. John Skeel, Friendswood resident, stated he is the applicant and explained the reason for the request, would like to install a pool and this would impede that. Planning and Zoning Commission Chair Mark McLean adjourned the Planning and Zoning Commission's ' portion of the Joint Public Hearing to the upstairs conference room. Mayor Holland left Council's portion of the Joint Public Hearing open. COMMUNICATIONS FROM THE PUBLIC Mayor Holland asked if anyone would like to speak to Council. No one spoke. With concurrence of Council, Mayor Holland moved to Agenda Item 11. Bid No. 2012-07. ACTION ITEMS **Councilmember Hill moved to approve disposition of Bid No. 2012-07 for the 2012-2013 Street Maintenance Program and authorize the Mayor to execute the contract and award to T&T Construction. Seconded by Councilmember Scott. ***Councilmember Hill moved to amend the main motion to add that the $188,765 may be used to complete other roadway projects for a total not to exceed$500,000. Seconded by Councilmember Scott. The motion to amend was approved 6-1 with Councilmember Brow opposed. ****The main motion, as amended,was approved 6-1 with Councilmember Brown opposed. Mayor, Council, and Staff held a lengthy discussion regarding the low bidder, unit prices in regard to the contract amount of $500,000, explanation of unit pricing, how change orders will be handled, and verbiage in contract needs to be more specific in regards to the$188,765 for other roadway projects. **Councilmember Hill moved to approve a contract with Southwest Water Company for Water Meter Reading Services and authorizing the Mayor to execute the contract. Seconded by Councilmember Rockey. The motion was approved unanimously. 01/07/13 4061 "Councilmember Hill moved to approve an Interlocal Agreement with the Houston-Galveston Subsidence District to participate in the Water Wise Conservation Program and authorizing the Mayor to execute the agreement. Seconded by Councilmember Rockey. The motion was approved unanimously. "Councilmember Hill moved to approve a Memorandum of Understanding with Harris County Public Health and authorizing the City Manager and Friendswood Emergency Management Services (EMS) Chief to sign the agreement. Seconded by Councilmember Scott. The motion was approved unanimously. Mayor, Council, and Staff discussed what Harris County Health District will pay if an event occurs, Galveston County does have a similar program, and there are no limits determined on the proportion of people or land in Harris County. "Councilmember Hill moved to approve a financing agreement to purchase heavy equipment for the Public Works Department. Seconded by Councilmember McGinnis. The motion was approved 6-1 with Councilmember Brown opposed. ORDINANCES "Councilmember Rockey moved to approve the First reading of Ordinance No. T2012-36 -An ordinance amending and replacing Article VII — Oil and Gas, of Chapter 26 — Environment of the Code of Ordinances of the City of Friendswood, Texas; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; providing for penalty; and providing for severability. (Previously tabled 12-03-12) Seconded by Mayor Holland. The motion was approved 6-1 with Councilmember Brown opposed. ' Mayor, Council, and Staff held a lengthy discussion regarding Staff having addressed the items of concern from past workshops, the new ordinance will allow additional permitting requirements, statute of limitations, City Attorney believes the draft ordinance is good, intent of new ordinance is to make requirements more stringent, attorney that briefed Council in Executive Session recommended the changes that have been made to the ordinance. "Councilmember Hill moved to approve the First and Final reading of Ordinance No. 2013-01 - An ordinance amending City of Friendswood, Texas, Ordinance No. 2012-26, passed and approved October 1, 2012, same being an ordinance approving and adopting the City's General Budget for Fiscal Year 2012-2013 by approving "Budget Amendment III" to the "Original General Budget of the City of Friendswood, Texas, for the Fiscal Year 2012-2013"; providing for supplemental appropriation and/or transfer of certain funds; providing for severability; and providing other matters related to the subject. Seconded by Councilmember Rockey. The motion was approved 6-1 with Councilmember Brown opposed. "No motion was made to approve Ordinance No. T2013-02 - An ordinance approving a vacation of a public easement situated on property located at 1310 Steele Drive, Friendswood, Texas; authorizing the Mayor to execute and the City Secretary to attest a Quitclaim Deed by and between the City and Jon S. and Shelley Skeele. Mayor Holland stated the Planning and Zoning Commission did not have this item on their agenda so will have no recommendation. The meeting was adjourned at 7:44 PM. 01/07/13 4062 Mayor Kevinjand Attest: 1 .p FR..... •. .S Melinda Welsh, TRMC O City Secretary a :co •�rFOF�,.�' 1