HomeMy WebLinkAboutCC Minutes 2006-03-20 Regular 3/20/06 2452
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
MARCH 20, 2006 )(
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, MARCH 20, 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
CITY ATTORNEY JOHN OLSON
CITY MANAGER RON COX
CITY SECRETARY DELORIS MCKENZIE
Councilmember Mel Measeles was absent from the meeting.
Mayor Brizendine called the meeting to order.
4:00 PM —SPECIAL SESSION
Discussion was held regarding Open Meetings. City Attorney John Olson introduced Allison Holland from
his office, who provided a handout for Mayor and Council. Ms. Holland reviewed the Texas Open
Meetings Act with questions and answers following from Council, a lengthy discussion was held with
Mayor Brizendine stating that Council may need additional information, with City Attorney John Olson
advising in accordance with the new law, training will be scheduled for Council after the upcoming May
election.
Discussion was held regarding the property tax collection process. Administrative Services Director
Roger Roecker presented a PowerPoint presentation with information regarding the contract with
Friendswood Independent School District (FISD), cost of service, 14,044 accounts at $4.14 per account
or $58,000, covered what other area cities do, assessment and collection options, discussed various
issues, what would future cost be since Galveston County Consolidated Drainage District (GCCDD) has
changed to Galveston County, what the impact would be on FISD if the contract ended, should a local tax
office be provided, what the collection rate would be, loss of local knowledge, daily transfer of City tax
payments and impact on Harris County citizens, questions and answers were held, GCCDD paying 45
cents to Galveston County for collection, have Staff gather information, what would cumulative effect be
to taxpayers and to FISD if change, what would savings be to all entities, are there other tax collection
agencies in this area, asked Staff to look at what the City's options are, what about turnaround time for
transfer of City tax payments to City, address location of tax office inside the City.
Discussion was held regarding the Code of Ethics. Mayor Brizendine gave a brief overview as to prior
discussions regarding this subject. City Attorney John Olson presented information regarding proposed
language, rewrote some of the language to be more clear, Council would be jury of any allegations of
violations of appointive officers and City Manager would review any employee alleged violation, does not
limit first amendment right as long as the person does not use position or title, forbidden but no penalty
provision, subject to removal or immediate termination, would not be in violation if Staff provides
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information to Council, if quoted in paper, either Staff inember or committee member, that is not a
violation, does not apply to Zoning Board of Adjustment (ZBOA), Municipal Court Judge and Municipal
Court Clerk, can move forward and amend ordinance that is on this agenda for first reading.
Discussion was held regarding the proposed Brittany Bay Boulevard extension. Community Development
Director Dan Johnson presented history and purpose of Brittany Bay Boulevard, which is to improve
mobility for the City, to relieve FM 518 traffic as approaches build-out, improve mobility for entire area
from League City, Friendswood and Pearland, reviewed prior Council action regarding thoroughfare
issues, reviewed funding process and requirements from TxDOT for funding allocation, options are red,
yellow and purple route and no-build option, reviewed pro's and con's of the varying routes, reviewed
impact summary, discussed if the project could end at FM 528 and then connect back at FM 2351 with
Staff stating could approach TxDOT, possible cost sharing with developers, economic development
incentives, Council asked for definitive impact on citizens, ball park completion time if everything was on
go, 6 months have a Preliminary Engineering/Environmental Assessment (PE/EA) decision on preferred
route but City would remain in control and could still have the opportunity to modify route or possibly
shorten route, approve route, get on the TxDOT TIP list for federal fund in 2010 or later, eminent domain
usage in part of formula is probably a deal killer from this Council's perspective, will require an
environmental review, cannot do that until route is selected, approximately $80,000 and has been spent
by the City to date on this project. Councilmember Peden presented a PowerPoint presentation he
prepared, reviewed Brittany Bay history, bond proposition wording was vague, reviewed previously
passed Resolutions and verbiage in Resolutions, reviewed maps and alignment of routes and changes of
maps on web site, concerned with credibility of Council with these changes, any changes to thoroughfare
routes require Council action, proposed to stop further action, including funding, of the Brittany Bay
Boulevard expansion, place a non-binding referendum on the next available ballot asking for approval of
the expansion, if approved by voters, pledge to the citizens to use the route proposed in 1998.
Councilmember Ewing stated the election would delay process and would be City cost to conduct the
election. Mayor Brizendine stated Staff could continue to research and advise Council of the schedule for
the November election, will have on next agenda for consideration, could also consider doing both at
same time but will need preferred route to proceed to complete PE/EA, study would identify displacement
of homes and property, schedule a workshop, notify Homeowners Associations, Council's preferred route
would have no home displacement, and shorten route to end at FM 528 and FM 2351.
RECONVENE INTO OPEN SESSION
7:00 PM — REGULAR SESSION
The invocation was given by Pastor Ralph Hobratschk with Hope Lutheran Church.
Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas.
SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS
Mayor Brizendine presented the Eighth Community Spirit Award to Dan Illerich for his commitment to the
City as the unofficial "8th member of Council." Former Mayor Evelyn Newman, former Councilmembers
Janis Lowe, Larry Taylor and Benny Baker attended tonight to honor Mr. Illerich. Council spoke on Mr.
Illerich's merits.
COMMUNICATIONS FROM THE PUBLIC
Margaret Pickell, 29 Wilderness Trails, addressed Council and stated she appreciates all that the City has
done for the citizens, appreciates the City's Mission Statement, appreciates City Staff providing
information, appreciates being there for the citizens.
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Janis Lowe, 401 Forest Pines Court, addressed Council and stated she has lived here since 1954, is the
owner of a new home in Garden Home District in Friendswood Lakes, chose the lot carefully, impact of
construction of public safety building on residential area, asking for Council's help with information and
concerns, regarding overhead power lines, asking about City compliance with City codes, why is City not
complying, asked this question last week and has not received a response from Council, outlined
problems with this project and varying responses by Staff, asked Council if they were aware of action that
they purportedly approved, asked Council to follow laws as required by others, place lines underground,
adhere to zoning requirements, meet fencing requirements, ask install 8 ft. cedar board with good
neighbor side to the residents, told by Council that Staff is deciding this week and is supporting cinder
block fencing with barb wire fence, this is not what the ordinances say, was told this was required of jails,
please check this out, why would someone on Staff support this to look like the Huntsville prison,
drainage concerns, why was this placed in private easement, why was this not signed by homeowners,
asked for HOA Council representative to meet with HOA, lighting is greater than code, why did the
Planning and Zoning Commission not review, want facility to be built, volunteered to chair a committee to
fund fountain, (need what she asked for) no longer has trust in City.
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
Community Appearance Board Chair Judy Kimball gave the annual report.
Todd Pruitt with Pattillo, Brown, & Hill gave the Comprehensive Annual Financial Report.
CITY MANAGER'S REPORT
City Manager Ron Cox stated he had no report.
ACTION ITEMS
**Councilmember Goza moved to approve a contract with Hart InterCivic for purchase of E-Slate election
equipment.
Seconded by Councilmember Peden. The motion was approved 6-0.
RESOLUTIONS
**Councilmember Smith moved to approve Resolution R2006-06 — A resolution of the City of
Friendswood, Texas, authorizing a 7.4% increase in the rates charged by IESI TX Corporation for solid
waste collection and disposal services within the City; amending Appendix D of the Friendswood City
Code to adopt a revised schedule of solid waste disposal fees; and providing an effective date.
Seconded by Councilmember LeCour. The motion was approved 6-0.
**Councilmember Peden moved to approve Resolution R2006-07—A resolution of the City Council of the
City of Friendswood, Texas, opposing use by the Texas Municipal League of general membership dues
to finance the promotion or opposition of state legislation; requesting that the Texas Municipal League be
reorganized to separate administrative and educational functions from legislative lobbying functions; and
providing other matters related to the subject.
Seconded by Councilmember Ewing.
***Councilmember Peden moved to table Resolution R2006-07 until all members of Council are present.
Seconded by Councilmember Smith. The motion was approved 6-0.
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ORDINANCES
**Councilmember Goza moved to approve with amendments 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 Peden. The motion was approved 5-1 with Councilmember LeCour
opposed.
**Councilmember Smith moved to approve the Second and final 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 Goza. The motion was approved 6-0.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Goza did not have a report regarding the Code of Ethics item as listed on the agenda.
Councilmember Peden stated he had no report.
Councilmember Smith stated he had no report.
Councilmember Goza congratulated Jim Hill for having no opposition in the upcoming election.
Councilmember LeCour stated he had no report.
Councilmember Ewing reminded everyone to pick up packets for Relay for Life and asked for Council
participation.
Mayor Brizendine stated he had no report.
CONSENT AGENDA
**Councilmember Ewing moved to approve the Consent Agenda with the exception of Item D —
Approve appointments to fill vacancies on the Community and Economic Development Committee. A.
Award of Bid No. 2006-02 for the Concrete Street and Drainage Maintenance Project and authorize the
Mayor to execute the contract with Smith's Classic Construction, Inc. B. Approve and authorize the
Mayor to execute an agreement for Broker Services with Jim Gerland of Keller Williams Realty for the
commercial property on FM 2351 fronting the land for the new Fire Station #4. C. Approve an
appropriation of $10,600 from the Public Safety Building Project Contingency Fund to cover direct
expenses to the architectural contract with Perkins & Will. E. Approve Banner Permit Application from
KDA World Children's Wellness Foundation, Health Fair for Women's Day- Friendswood. F. Approval of
February, 2006 Property Tax Report. G. Approve Minutes of March 6, 2006 Meeting.
Seconded by Councilmember Peden. The motion was approved 6-0.
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"*Councilmember Smith moved to approve Item D — Approve appointments to fill vacancies on the
Community and Economic Development Committee.
Seconded by Councilmember Ewing.
***Councilmember Goza moved to table Item D.
Seconded by Councilmember Peden. The motion was approved 6-0.
A motion was made and approved to adjourn at 8:23 PM.
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Mayor Kimball W. Brizendine
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