HomeMy WebLinkAboutCC Minutes 2006-03-06 Regular 3/6/06 2445
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
MARCH 06, 2006 )(
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, MARCH 06, 2006, AT 4:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910
S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT
CONSTITUTING A QUORUM:
MAYOR KIMBALL BRIZENDINE
MAYOR PRO-TEM DAVID SMITH
COUNCILMEMBER LAURA EWING
COUNCILMEMBER JOHN LECOUR
COUNCILMEMBER TRACY GOZA
COUNCILMEMBER CHRIS PEDEN
COUNCILMEMBER MEL MEASELES
CITY ATTORNEY JOHN OLSON (arr. 7:00 PM)
CITY MANAGER RON COX
CITY SECRETARY DELORIS MCKENZIE
Mayor Brizendine called the meeting to order.
4:00 PM —SPECIAL SESSION
Discussion was held regarding Mary's Creek Bridge. City Manager Ron Cox provided historical
information regarding the bridge, TxDOT information on inspections, TxDOT funding information and
Galveston County funding participation, and Homeowners Association information. Interim Director of
Community Development Dan Johnson gave a PowerPoint presentation, listed options, remove, repair,
rebuild, redefine the use of the bridges, pros and cons of options and associated costs of each option. A
question and answer session took place regarding hike and bike trails, possibly a tie-in system to parks,
rationale of change in staff information from prior determination, ability to access Imperial Estates I & II
and 1776 Park seems incumbent to keeping open, what are current plans from Galveston County
Consolidated Drainage District for Imperial I for detention or parks, none at this time, concern with cars
parking for pedestrian crossing to allow access to park-like area, there is ample parking for 1776 Park,
may need additional signage, canoes access the creek from 1776 Park, there is some use by at least one
disabled person from Harris County, questioned TxDOT report and preliminary engineering statement,
would think it would be an advantage for cut-through for residents of Imperial II, historical significance of
bridge us that it was there in 1963, open roadway, may again open up to those that are not residents,
street use and associated repair costs, bridge has served other citizens other than Imperial Estates I and
II, is the project reimbursable, do not know why it got to the top of the TxDOT list, there are a lot of
questions regarding structural capabilities, discussed next steps, proposal to rebuild would be steel
bridge so operation and management would be less, majority of Council are in agreement to not rebuild
for vehicular traffic, discussed remove and rebuild options, would improve or remove floodway destruction
and redefine could possibly do that, if engineering assessment came back that bridge is not sound, option
could be to totally remove the bridge. Mayor Brizendine stated given the majority of Council concurrence,
if they decide they do not want it to be rebuilt, then have a response for TxDOT.
Discussion was held regarding the City's Texas Municipal League (TML) membership. Councilmember
Peden asked what citizens get from dues paid into TML Membership. City Manager Ron Cox responded
that benefits are Council education and training, annual conference, Intergovernmental Risk Pool, heath
insurance, provide legal advice and assistance and as a resource, and also provides information and
lobbying efforts on legislative issues. Councilmember Measeles restated the same comments as the City
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Manager. Councilmember Peden asked how TML could represent all cities the same. Mayor Brizendine
stated he does not always agree with TML's lobbying efforts, the City can and has adopted a Resolution
stating it does not agree want lobbying on its behalf, is a lot like a trade organization, what do "customers"
get from participation and expense of being a member, keeping informed and educated, level of
professionalism, and competitiveness, does not always agree with political stance, but the City does gain
benefits from the association, Councilmember Peden is a CPA and his organization has optional choice
of political action committees, Councilmember Peden said yes, and they have a choice. Councilmember
Goza stated this could possibly be something that Friendswood could propose to TML. Councilmember
LeCour stated he is concerned with lobbying efforts, mostly to get more money and how to get more
power, stated he attended one meeting in Galveston, is disillusioned with TML and those sided with TML
on the tax cap proposition, need to put the brakes on, does not mean have ill will, if enough people, will
align to the majority, if cut the money off, like Councilmember Goza's idea, where the City can choose
whether or not to be a part of lobbying effort, there may be some underhanded things going on, City of
Houston has decided to not pay its membership as a protest. Councilmember Measeles stated he does
not agree with the statement regarding TML being underhanded, it is not true. City Attorney John Olson
is "baby" TML, his dad was the second legal representative for TML, which is how Olson & Olson got
involved. City Attorney John Olson stated TML is this elected officials body, goes to a vote on positions,
during legislative session, TML represents majority, there are divisions even in the cities, there are odds
between small and large, legislative services are a small amount that TML does, get involved, can
change things, Councilmember Ewing asked what insurance does the City use, property casualty,
workers compensation, errors and omissions, this is risk pool insurance which is totally separate from
TML, could drop out of TML and could hire own lobbyist, TML has an organization that is a strong support
of cities and we in turn represent citizens, they should be helping to support citizens as well, if vendors
are paying for the lobbying different option, Mayor Brizendine, information provider, great doubt about
legislative lobbying if Council has interest have on next Agenda adopt Resolution, need to invest in more
involvement, staff will draft resolution to TML to urge separate lobbying costs efforts from other dues
structures.
Discussion was held regarding the Code of Ethics. Discussion was held with City Attorney John Olson,
who stated years ago in doing orientations for the City, one of the things he did, rather than just talk about
open meetings and open records, was to assimilate a list of the various laws and policies that govern
conduct by Councilmembers and other officials of the City, penal code provisions, bribery for instance,
and certain ordinances and policies of the City are also in the City's home-rule Charter, conflicts of
interest are various, one of the things that are in the City's Charter provides that, "Political Contributions
to City Campaigns. Appointed City officers and City employees are prohibited from making any
contribution to the campaign fund of any person seeking election to city office or any political party
supporting a candidate to city office." How that is applied in certain situations, even if it is construed
literally, perhaps may have some implications, stated he was recently asked about making a contribution
to the Republican Party, does not think anyone would construe the Charter to go that far, but there was
an incident in which a member of the Planning and Zoning Commission took out a campaign ad and
signed his name with his office, and there were some members of Council who believed it violated this
Charter provision, did not believe that it did because it was not a contribution to a campaign, but basically
someone exercising their first amendment right to express themselves in an election. The problem was
putting the words, "Chairman, Planning and Zoning Commission." It appeared that he was speaking for
the commission, and the Council, almost uniformly, were offended by that, and wanted to go further so
someone would not use their office to further a political cause. I made the distinction with the Council, in
an attempt to deal with that issue, someone who holds an office is protected by the Constitution as a
property interest employment, cannot deprive someone property interest without due process of law, and
since elected officials are appointed to terms, they have a property interest, did not believe he could tell
the Mayor or Councilmembers they could not endorse a candidate or take a position in a political
campaign and do it as an elected official because he believes it is a privilege of office. That is why it was
separated out in this proposed ethics change, which goes beyond what the Charter says and is basically
dealing with a different issue. Those people that the City could try to limit them from utilizing their office to
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advance a political cause versus those who are elected and have the Constitutional right to do so. What
the City is not trying to do is curb the ability of people to exercise their First Amendment right of free
speech, but when they take a position, they should endorse in an individual capacity as opposed to in the
capacity of the office held. The first part of the proposed ordinance about the members of boards and
commissions making false representations, Council felt that it was important to have standards for
Council, Boards and Commission members, so they think twice before making representation of what
action the City is taking. Anytime free speech is curbed, suspicions arise, and so naturally he is opposed
to prohibit someone to say what they want. This proposed law is limited and does not impede anybody to
express themselves, provided that they do not express themselves as a Committee member. Mayor
Brizendine asked for clarification regarding board members taking a poll on who or what to endorse and
expressing that in a representative capacity, stated he still has a problem with that. City Attorney John
Olson stated that this proposed policy would not apply to a board member making a representation of the
entire board. Mayor Brizendine asked how the policy applied to the poll being taken outside the domain
of deliberation. City Attorney John Olson stated that the board member would be strictly prohibited from
taking a stance on a political issue as a representative of the board, regardless of the poll. Mayor
Brizendine expressed concerns regarding a board member endorsing a political candidate or issue in his
capacity as a board member, then feels that would be construed as representing not just the board, but
also the whole City. City Attorney John Olson clarified that the false representation portion of the
proposed policy only applies to officials who have property interest in their office; this is because
disciplinary action cannot be taken against them for exercising their First Amendment right. If a member
serves at the pleasure of the Council, Council can direct that the member cannot use the office to
promote a candidate or cause, must be clear that they are doing this in an individual capacity and not as
a board member. For example, property interest offices would be the City Council, Zoning Board Of
Adjustments, Municipal Court Judge, and the Municipal Court Clerk (unless the ex-officio clerk is the City
Secretary). The intent is that no one use their title, fearful that ordinance could be misused, action on
agenda for this evening would like to reflect on this for another meeting, possibly remove Section A, City
Attorney will re-work Section B to make it clearer to be on the March 20th agenda with a Work Session
prior to the meeting. Council can table action on this Ordinance tonight.
6:00 PM —CLOSED EXECUTIVE SESSION
Council convened into Executive Session in accordance with the Texas Government Code, pursuant to
Section 551.074— Personnel Matters- (City Secretary and City Manager).
Council convened into Regular Session at 7:00 pm with action taken later in the meeting.
RECONVENE INTO OPEN SESSION
7:00 PM — REGULAR SESSION
The invocation was given by Associate Pastor John Wise with Friendswood Community Church.
Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas.
SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS
Councilmember LeCour presented a Proclamation to U.S. Army Sergeant First Class Ron Henry McNary
for his service in the war in Iraq. In October 2004, Sergeant First Class McNary headed to Iraq with his
division to take the lead in a historic training venture. Sergeant McNary is a member of the U.S. Army
Reserve's 98th Division Advisory Support Team. The Advisory Support Team had been trained to
mentor, coach, and advise units of the fledging Iraqi Army. Their mission was to speed the nation-
building process by training the new Iraqi Army to deal with Insurgents. Sergeant Ron Henry McNary is a
two-year resident of Friendswood. He received the Bronze Star and Combat Action Medal for his
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demonstration of valor and courage during the numerous firefights between his Iraqi and coalition forces
against the insurgency. The City honored Sergeant First Class McNary with a Proclamation declaring
March 6, 2006 "Sergeant First Class Ron Henry McNary Day" in admiration of his outstanding sacrifice for
Peace, Liberty and Freedom.
City Manager Ron Cox presented Matt Riley, Reference Librarian at the Friendswood Public Library, with
the Five Star Employee Award for the fourth quarter of 2005.
PUBLIC HEARING
Mayor Brizendine called a public hearing to order, to receive comments from the public, either oral or
written, regarding a proposed ordinance adopting a revised Drought Contingency Plan.
No one spoke for or against.
Hearing no further comments, Mayor Brizendine closed this public hearing.
COMMUNICATIONS FROM THE PUBLIC
Kathy Epperson, 2007 Edgewater Drive, addressed Council and stated she is from the Eagle Lakes
subdivision, spoke regarding Brittany Bay extension, concerned about air pollution, crime from a direct
route, drunk driving from residents not living in Friendswood, use this road as an access road, potential
for drunk driving, concerned with environment, bobcats and coyotes being forced to relocate, more
building, less space and relocating into subdivisions, loss of green spaces, which is why a lot of citizens
chose to move to Friendswood, potential for run off and pollution and will cost the taxpayers a lot, will
have to absorb some of the cost of this extension.
Ruth Pifer, 504 Old Course, addressed Council and spoke against the speed limit on FM 528, which was
voted on last year out by Sunmeadow, and stated that traffic would flow better if the speed increased.
Sarah Mulder, 2715 Beacon Bay Circle, addressed Council and stated she is a student from Clear Brook
High School, and invited everyone to attend a town hall meeting regarding underage drinking and drug
free choices on March 27 at the Gilruth Center, asked to join other leaders and students from Clear Creek
Independent School District and Friendswood Independent School District.
John Laflin, 1106 Castlewood, addressed Council and stated he has lived in Friendswood for 20 years,
spoke regarding the Brittany Bay extension, and stated this is a tax payer expense, concerned that crime
rates will go up, while property taxes will go down. Mayor Brizendine explained this project is somewhere
at a much later date, and asked Mr. Laflin to be in touch with City Manager Ron Cox. Mr. Laflin stated as
he sees it, it is negatives and does not understand who is driving this project. Mayor Brizendine stated
Pearland, League City and TxDOT are the drivers and have their portions in place. How far out in the
future, City Manager Ron Cox stated a decision will be made later, then construction plans have to go up
to the ranks of TxDOT systems anywhere from 5-10 years. Councilmember Peden stated he sees it also
as Mr. Laflin does and does not understand the drivers, looking for someone to share this information,
map available at City Hall and on web site, Councilmember Goza would be glad to come out to address
Homeowners Association meetings.
David Montz, 1808 Streamside Dr., addressed Council and stated he is the President of the Friendswood
Soccer Club, and asked to address action regarding the lights for Centennial Park, Friendswood Soccer
Club has offered to donate $30,000 for lights for one more field, soccer teams have benefited from this
lighting project. Council referenced a letter from past President written asking for whatever it takes to get
the lighting project off the table and stated just appreciates all that Council can do to help this project, are
currently in spring season at this time, a tournament was held there this weekend, received a lot of
compliments regarding the park and facilities, need this park for participation in tournaments, benefits the
City economically, 60 teams with kids, parents and teams participating.
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Mayor Brizendine thanked Mr. David Montz for presentation and for this idea of partnering and funding for
this joint partnership, is beneficial, and contribution makes it a little easier for everyone, fund raising
makes it a little easier for everyone.
Don Johnson, 810 Myrtlewood, addressed Council and stated this is his 3rd or 4th year of asking Council
to reserve support for the Corps of Engineers Clear Creek National Economic Development (NED)
Project which will not benefit Friendswood, was proud of Council for adopting a Resolution in October
objecting to NED program as proposed, sees no reason to support this project as planned this evening,
was upset with the Galveston County Consolidated Drainage District for adopting a similar Resolution,
Friendswood would be better off without a GRR program, spoke against the de-snagging program, wants
to be a good neighbor to League City and Pearland, and urged Council to reserve voting on this
Resolution and to not pass this Resolution as this will impact a lot of people and properties.
Councilmember Peden stated not doing anything sends a bigger message.
Mayor Brizendine stated this project is not a dead end street at this time. Interim CDD Director Dan
Johnson stated the City needs to define its own solution and get its own funding, Councilmember Smith
stated funding by Congress is requested each year and not sending this forward makes it drop this
project off the radar. Mayor Brizendine thanked Mr. Johnson for his persistence and tenacity in bringing
forth what is best for Friendswood, hope he will target on other level to advocate project, still in
information gathering mode, and stated he hopes Mr. Johnson will continue to participate and stay
plugged in.
CITY MANAGER'S REPORT
City Manager Ron Cox had no report.
ACTION ITEMS
**Councilmember Goza moved to accept a donation from Friendswood Soccer Club of $30,000 and
approval of lighting project for soccer field at Centennial Park.
Seconded by Councilmember Smith. The motion was approved 5-2 with Councilmembers LeCour and
Peden opposed.
**Councilmember Smith moved to appoint Dan Johnson as the Director of Community Development and
Kaz Hamidian as the Director of Public Works.
Seconded by Councilmember Measeles. The motion was approved unanimously.
**Councilmember Smith moved to approve a carryover of 88 hours of accrued vacation hours for a period
of six months for City Secretary Deloris McKenzie.
Seconded by Councilmember Goza. The motion was approved unanimously.
**Councilmember Peden moved to approve paying 101 hours of accrued vacation time to City Manager
Ron Cox.
Seconded by Councilmember Measeles. The motion was approved unanimously.
RESOLUTIONS
**Councilmember Measeles moved to approve Resolution R2006-05 — A resolution of the City of
Friendswood, Texas, urging the Texas Congressional Delegation to request and support continued
funding for the U.S. Army Corps of Engineers ("Corps") General Re-evaluation Report on Clear Creek for
the Fiscal Year 2007.
Seconded by Councilmember Ewing. The motion was approved 6-1 with Councilmember LeCour
opposed.
3/6/06 2450
ORDINANCES
**Councilmember LeCour moved to approve the First reading of Ordinance No. T2006-02, An Ordinance
amending the Code of Ordinances of the City of Friendswood, Texas, by adding to Article IV of Chapter 2
thereof a new Section 2-158; providing it unlawful for any person holding an elected office or an
appointive office for a term, to represent to another that a position on a matter has been adopted by a
Council, Board, or Commission upon which such person sits unless such position has been formally
adopted by act of the Council, Board, or Commission; providing that City employees, and appointive City
officials not appointed for defined terms of office, shall be prohibited from using their titles or status as
City employees or City officials to promote or oppose City policies or procedures, or pending City
elections; providing exceptions; providing a penalty of an amount not to exceed $500.00 for violations by
elected office holders or holders of appointive offices for terms; and providing for severability.
Seconded by Councilmember Goza.
***Councilmember Smith moved to table Ordinance No. T2006-02 for further review.
Seconded by Councilmember Measeles. The motion was approve 6-1 with Councilmember Peden
opposed.
**Councilmember Goza moved to approve the First reading of Ordinance No. T2006-07, An Ordinance
adopting a Drought Contingency Plan for the City of Friendswood, Texas; making certain findings;
providing for notice; providing for cooperation with other governmental agencies; defining drought stages
and establishing conservation regulations to be implemented during each such drought stage; providing a
penalty of an amount of not less than one dollar ($1.00) nor more than two hundred dollars ($200.00) for
each day of violation of any provision hereof; providing other matters relating to the subject; and providing
for severability.
Seconded by Councilmember Smith. The motion was approved unanimously.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Smith spoke regarding the proposed Brittany Bay Boulevard Extension, suggested
Council take action at the next Council meeting regarding the red and yellow routes, do not have to make
all decisions now, should act quickly to alleviate stress.
Councilmember Ewing thanked Chic-fil-A's support for Kid Fish, attended Chamber of Commerce meeting
with Friendswood Police Detective Eric Price speaking on fraud, and announced she will be running for
reelection to Council Position #1.
Councilmember Goza requested a workshop meeting with City Attorney John Olson regarding the Open
Meetings Act.
Councilmember Smith stated he had nothing to report.
Councilmember Peden stated that Mayor Brizendine had previously stated he was a poor statesman,
regarding comments made during the last Council meeting, stated he believes these comments were a
violation of the rules and procedures, will not sit here and not speak up, and stands by what he said.
Councilmember Measeles reported he is the Council liaison to Dickinson Bayou Watershed, has attended
meetings on information gathering regarding projects similar to Clear Creek Project, and reported new
hurricane maps coming out.
Mayor Brizendine reported he attended a memorial for Army Spc. Ray J. Hutchinson on March 4th in
Centennial Park, was very moving, incredibly heroic day recognizing his commitment to the youth in
IRAQ, was a privilege to participate. Mayor Brizendine addressed Councilmember Peden's comments
and stated he did not intend to slander, it was issue related and not a personal indictment of him, offered
a public apology, concerned about process.
3/6/06 2451
CONSENT AGENDA
**Councilmember Ewing moved to approve the Consent Agenda as presented. A. Approve minutes of
the February 13 and February 20, 2006 meetings.
Seconded by Councilmember Measeles. The motion was approved unanimously.
A motion was made and approved to adjourn at 8:46 PM.
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