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City Council Meeting

Date: September 12, 2011

STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
SEPTEMBER 12, 2011 )(

NOTICE IS HEREBY GIVEN OF A FRIENDSWOOD CITY COUNCIL SPECIAL MEETING TO BE HELD AT 6:00 PM AND A REGULAR MEETING TO BE HELD AT 7:00 PM ON MONDAY, SEPTEMBER 12, 2011, AT FRIENDSWOOD CITY HALL, COUNCIL CHAMBER, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW:

6:00 PM – CLOSED EXECUTIVE SESSION – (Executive Conference Room/Adjacent to Council Chambers-City Hall)
A. Communications from the Public regarding Executive Session topics.
B. Council will convene 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. (Tatum vs. City of Friendswood in the District Court of the 127th Judicial District of Harris County, Texas)

7:00 PM – REGULAR MEETING

1. Call to order
2. Invocation - Pastor Mike Ross, Friendswood Church of Christ
3. Pledge of Allegiance – United States and Texas (HONOR THE TEXAS FLAG; I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE)
4. Public Hearings

To receive comments from the public, either oral or written, regarding:

A. Proposed City of Friendswood General Operating Budget for FY2011-2012
B. Proposed amendment to Appendix B, Subdivision Ordinance, regarding sidewalks
C. Proposed amendment to Chapter 70-64 of the City Code of Ordinances regarding sidewalks

5. Communications from the Public
(To comply with provisions of the Open Meetings Act, the City Council may not
deliberate on items discussed under this agenda item. The Council may refer this item to the City Manager or direct this item to be placed on the next regular Council agenda. PowerPoint presentations are not conducted during the citizen comment period)

6. Communications from Committees and Special Reports
A. Annual Report from Delinquent Tax Attorney Michael J. Darlow
B. Annual Report from the Community and Economic Development Committee Chair Donald Evans
C. Report from Galveston County Health District representative

7. City Manager’s Report
A. State approves City’s Emergency Management Plan
B. Portable On Demand Art Project display in Friendswood
C. Victims of Crime Act (VOCA) Grant Award for Police Department

8. Consideration and possible action regarding approving a contract renewal with Galveston County Health District for Water Pollution Control and Abatement for 2011-2012.

9. Consideration and possible action regarding authorizing a proposed settlement agreement in Cause No. 2010-31395; Amanda Tatum v. City of Friendswood, in the 127th Judicial District of Harris County, Texas.

10. Consideration and possible action regarding approving a financing agreement to purchase a Class A Pumper Truck for the Friendswood Volunteer Fire Department.

11. Consideration and possible action regarding approving appointments to fill vacancies on Boards, Committees, and Commissions:
A. Keep Friendswood Beautiful
B. Parks and Recreation Board

12. Consideration and possible action regarding approving an amendment to the Interlocal Tax Collection Agreement with Galveston County Tax Assessor/Collector.

13. Consideration and possible action regarding authorizing a license agreement with Norman and Laurie Knight and Elvin W. and Carolyn Lessenger for the installation of a fence across a ten-foot sanitary sewer right-of-way located adjacent to Boca Raton Section II.

14. Consideration and possible action authorizing water and sewer service from the City of Friendswood to 1112 W. Edgewood.

15. Consideration and possible action regarding disposition of Bid No. 2011-16 for Uniforms, Supplies and Services for Public Works.

16. Consideration and possible action regarding the matter of the ongoing Wight Realty
Interests, Ltd., litigation.

17. Consideration and possible action regarding amending Council’s Rules of Procedure to limit Councilmember comments to five minutes for any one item on the agenda.

18. Consideration and possible action regarding access to the backup documentation for City Council Meetings.

19. Resolutions
Consideration and possible action regarding the following:
A. Resolution R2011-28: A Resolution of the City Council of the City of Friendswood, Texas, establishing fund balance policies as required by GASB 54.
B. Resolution R2011-26: A Resolution of the City Council of the City of Friendswood, Texas, amending Appendix D of the Friendswood City Code to establish the rates to be charged by the City for sewer service.
C. Resolution R2011-27: A Resolution of the City Council of the City of Friendswood, Texas, amending Appendix D of the Friendswood City Code to establish the rates to be charged by the City for hydrant meter deposits.
D. Resolution R2011-29: A Resolution of the City Council of the City of Friendswood, Texas, determining that a water-line and drainage easement is needed for construction and maintenance of public improvements near Mission Estates and San Joaquin Estates; approving the acceptance of said easement from Yellowstone Hill Country Ranch, Property Owner.

20. Ordinance
Consideration and possible action regarding the following:

A. Ordinance T2011-27: (Title: First reading of an ordinance repealing Ordinance 2011-07 which prohibited the use, possession and sale of "K-2" and synthetic cannabinoid substances and the devices used to ingest these substances) An ordinance of the City of Friendswood, Texas, repealing Ordinance 2011-07 which amended Chapter 54, offenses and miscellaneous provisions of the code of ordinances of the City of Friendswood, Texas adopting a new article VII, illegal smoking products and ingestion devices to prohibit the use, purchase, possession and sale of illegal smoking products containing certain plant, plant products or derivatives, chemical compounds applied to plants, and plant products and their derivatives or other substances, and ingestion devices used in connection with the illegal smoking products, and to prohibit the use, purchase, possession, and sale of the synthetic cannabinoid products; dispensing with a culpable mental state; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing a repealer clause, a severability clause, a savings clause, and an effective date, due to preemption by the State of Texas Health and Safety Code.

B. Ordinance T2011-28: (Title: First reading of an ordinance requiring sidewalks for all streets, deleting reference for requirements to only curb and gutter streets) An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Chapter 70, “Streets, Sidewalks, and other Public Places”, Article III, “Construction”, Section 70-64, “Sidewalks Required,” by revising the provision to provide for sidewalks for all streets, and deleting the reference to the
requirement for sidewalks only for curb and gutter streets; providing a penalty in an amount not to exceed $500, or as otherwise provided by law; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith and providing for severability.

C. Ordinance T2011-29: (Title: First reading of an ordinance amending Appendix B – Subdivisions, requiring sidewalks along all streets, and deleting reference for requirements for sidewalks only for curb and gutter streets) An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix B, “Subdivisions”, Section III, “General Requirements and Design Criteria”, Section K. “Public Use and Service Areas”, Subsection 3, “Sidewalks”, by revision to require sidewalks for all streets, by deleting the reference for sidewalks only for curb and gutter streets; providing a penalty in an amount not to exceed $500, or otherwise provided by law; by repealing all ordinances or parts of ordinances inconsistent or in conflict herewith and providing for severability.

D. Ordinance T2011-30: (Title: First and Final reading of an ordinance adopting Budget Amendment XIII to the Original General Budget of the City for Fiscal Year 2010-2011 to provide for supplemental appropriation and/or transfer of certain funds) An ordinance amending City of Friendswood, Texas, Ordinance No. 2010-28, passed and approved October 4, 2010, same being an ordinance approving and adopting the City’s General Budget for Fiscal Year 2010-2011 by approving “Budget Amendment XIII” 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.

21. Communications from the Mayor and Councilmembers
A. Councilmember McGinnis – Recent Community Endowment/Foundation Town Hall Meeting

22. Consent Agenda
Consideration and possible action regarding the following:
A. Approving the disposal of items from the property/evidence room of the Police Department using PropertyRoom.com
B. Authorizing Council to invoke Rule 1(A) of the Rules of Procedure to change the date of the second regular September City Council meeting from September 26 to September 19, 2011
C. Approve Banner Permit Application for Friendswood Fine Arts Institute for Autumn Arts Festival
D. Accept July 2011 Property Tax Report
E. Approve Minutes of August 1 and August 8, 2011, Council Meetings

23. SPECIAL MEETING
A. Communications from the public
B. Discussion regarding the proposed FY2011-2012 General Operating Budget for the City of Friendswood

24. Adjournment

This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive service must be made 48 hours prior to this meeting. Please contact the City Secretary's Office at (281) 996-3270 for further information.
I, MELINDA WELSH, CITY SECRETARY OF THE CITY OF FRIENDSWOOD DO HEREBY CERTIFY THAT THE ABOVE NOTICE OF MEETING OF THE FRIENDSWOOD CITY COUNCIL WAS POSTED IN A PLACE CONVENIENT TO THE GENERAL PUBLIC IN COMPLIANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE, ON SEPTEMBER 08, 2011, AT 4:30 PM.
MELINDA WELSH, TRMC
CITY SECRETARY
**All meetings of City Council are open to the public, except when there is a necessity to meet in an Executive Session (closed to the public) under the provisions of Section 551, Texas Government Code. The City Council reserves the right to convene into Executive Session to hear any of the above described agenda items that qualify for an executive session by publicly announcing the applicable section number of the Open Meetings Act.