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HomeMy WebLinkAboutCC Minutes 2006-06-26 Regular 6/26/06 2503 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( JUNE 26, 2006 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JUNE 26, 2006, AT 3:00 PM AT THE FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR DAVID SMITH MAYOR PRO-TEM CHRIS PEDEN COUNCILMEMBER LAURA EWING COUNCILMEMBER JOHN LECOUR COUNCILMEMBER JIM HILL COUNCILMEMBER JAY HORECKY COUNCILMEMBER MEL MEASELES CITY ATTORNEY JOHN OLSON ACTING CITY MANAGER ROGER ROECKER CITY SECRETARY DELORIS MCKENZIE Mayor Smith called the meeting to order. 3:00 PM —WORK SESSION Discussion was held regarding Water& Sewer Projects and Rates and Revenue Bond Schedule. Acting City Manager Roger Roecker made opening remarks, Public Works Director Kaz Hamidian gave a short presentation regarding projects, funding requirements, and future commitments, two types of projects, General Fund Projects and Water and Sewer Projects, reviewed the Groundwater Reduction Plan (GRP) for Harris and Galveston Counties, projects identified in GRP planning, Water & Sewer Bond Project history, funding identified GRP Improvements, proposed 2006 Water& Sewer Revenue Bonds, projected needs and commitments to 2010, projected 2006 Water and Sewer Revenue Bond Issue, amount needed for projects is $16,511 million, Water and Sewer Rates, funding future debt, and discussed what is next. Discussion was held regarding the policy for the Public Education and Government Access (PEG) Channel. Acting City Manager Roger Roecker made opening remarks and then Assistant to the City Manager Nick Haby gave a short presentation, reviewed progress timeline to date, PEG policy highlights, reviewed franchise agreement with Time Warner which was implemented in 1995, discussed use for economic development and concerns, associated costs to date is $13,589 and possible future costs (channel expansion and new utilizations), new content creation, broadcasting of ineetings, City of Friendswood programming, next steps, adopt a PEG channel policy and discussed possibility of broadcasting meetings, discussed pros and cons of use of channel and what to have on the channel to begin with, possibly have religious information regarding dates and places of worship, provide another avenue of communication, talked about only having meetings on channel, only those that Time Warner can access, not available through Time Warner, policy open ended and vague and leaves a lot of latitude to the City Manager, limit very detailed, limited amount of beginning information, reviewed costs to add meetings to purchase a camera or four cameras and a part time position to run the cameras and edit the film, Council discussed the proposed policy and the next step is to adopt the policy, Council will vote on the policy later in the meeting and then will continue to workshop process. Discussion was held regarding Police Department Statistics and Needs. Acting City Manager Roger Roecker introduced Police Chief Bob Wieners, who gave a brief presentation, reviewed personnel staffing PD, reviewed key programs, reviewed calls for service and response time, reviewed historical data 6/26/06 2504 regarding population and PD staffing, serious crime index with multiple category, 2004/2005 UCR Crime Rate Trend Comparisons with Friendswood at -14% out of area cities stats, reviewed Non-UCR Crime which are not life threatening but take up a lot of investigative time, arrest data, drug activity, previewed a chart reflecting drug offenses by type, accident data, a list of current initiatives, move into the new Public Safety Building probably first of January, reviewed future challenges, reviewed information from the October 2004 Citizen Survey Results. Council stated the Police Department is doing good job, appreciates what they do, stats show doing good job, want criminals to fear Friendswood, have one K-9 drug dog and also one under-cover officer paid for by the DEA funds, believes safe community why people move here, growth may impact future staffing needs. Discussion was held regarding emergency appropriations-Section 8.04 of the Charter. Councilmember Hill read from Charter Section 8.04 (b) regarding emergency appropriations, asked for clarification and application of emergency, asked why the City has 20% in reserves when Charter say's it can only spend 10% of the current fiscal year's budgeted receipts, discussed what this paragraph means, discussed if this applies only when in an emergency, City Attorney provided clarification regarding the wording and gave case history, cannot resolve tonight but needs to make a priority during the budget process. Discussion was held regarding the Council Rules of Procedures. Would prefer Rules in its entirety in one Resolution, eliminate old one and adopt new one, discussed regarding speakers on the agenda and Council's option to respond, if topic is listed on the agenda either in the agenda or by the speakers name, Council may dialogue, discussed the need to add to rule 15 that items must be handed to Police Officer, believes the presiding officer can control that issue, five minute rule not being enforced equally, discussed that this happened at the last meeting by a repeat speaker that has spoken repeatedly on the same subject and why Mayor Smith asked to limit his speech, Mayor Smith stated he is more inclined to be more strict regarding the 5 minutes except using his latitude regarding the subject matter or person speaking, in the future Council may use point of order and two-thirds, Councilmembers can suspend the rules to allow more time for speakers, could ask for personal courtesy, some would like to see hard and fast rule for five minutes, then majority of Council could make the decision to hear more, use a clock system to time speakers, could give one minute warning, could use flash card, feels personal attacks from the lectern, not venue for personal and political attacks and should do what it can to address this in the Mayor Smiths opening statement, possibly highlight civility in color on speakers cards, there are other forums that will allow anyone to state their thoughts and feelings, reviewed opening comments from the Mayor that Mayor Smith is working on and will share with Council, will re-write Resolution in one document, repealing all others. Discussion was held regarding the appointment policy for Boards, Commissions and Committees. Mayor Smith reviewed timeline for appointments, terms of office, terms of office changing two years to three years, possibly consider extending current appointments, propose all new appointments have an interview, discussed how some would feel about interview process, Council has ability to interview in current policy, may be intimidating, volunteer form may be considered as a form of interview, will be on the agenda later in the meeting. RECONVENE INTO OPEN SESSION 7:00 PM — REGULAR SESSION The invocation was given by Acting City Manager Roger Roecker. Mayor Smith led the Pledge of allegiance to the United States and to the State of Texas. 6/26/06 2505 SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS Presentation of Distinguished Budget Presentation Award for third year and Certificate of Recognition for Budget Presentation to Acting City Manager Roger Roecker and former Budget Officer Lynn Bucher. The City of Friendswood has received the Distinguished Budget Presentation Award from the Government Finance Officers Association (GFOA) for the budget covering fiscal year for 2004—2005. This is the third consecutive year the City has received this recognition. To receive this award, the City's annual budget must satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well the budget serves as: a policy document; a financial plan; an operations guide; and a communications device. The Government Finance Officers Association is a professional organization serving 16,000 government finance professionals throughout the United States and Canada. The Distinguished Budget Presentation Awards Program is the only national awards program for governmental budgeting. Because Lynn Bucher, the City's former (retired) Budget Officer has been instrumental in receiving this award, this presentation was delayed to allow her to attend the Council meeting and be recognized publicly. Special recognition of Officer of the Year Mike Cordero by the Rotary Club of Space Center. Detective Mike Cordero has been named Officer of the Year by the Rotary Club of Space Center. Five finalists were selected for consideration from 11 area law enforcement agencies. The finalists were recognized at an awards luncheon last Monday and Detective Cordero's selection was announced at that time. Officer Cordero has 20 years of law enforcement experience and has been a part of the Friendswood Police Department for the past ten years. Congratulations Mike for the fine work he has done leading up to this outstanding recognition. COMMUNICATIONS FROM THE PUBLIC Don Johnson, 810 Myrtlewood, addressed Council and noted rain event a couple of weeks ago approximately 3 inches of rain, noted rain in surrounding areas and impact on creeks, big channel coming out of Pearland from the upper part of the watershed, Friendswood cannot handle this amount of water coming into Friendswood, hopes Friendswood can partner with Drainage District to help avoid this happening in Friendswood Evelyn Newman, 302 Friends Knoll Lane, addressed Council and expressed appreciation to elected officials, understands the impact on families in this service, not just one group but representing all of the population, in 1990 during Paul Schrader's tenure as Mayor Smith, felt very strongly about building the reserves, hopes this Council will maintain this for the protection of the City, during election a lot said about reducing taxes, a lot asked how, can't reduce school, county, drainage, bridge and road only control over City taxes, asking when talking about refunds, personally hope would reconsider, as far as is concerned does not want it, will be additional income and reportable to government, so many things come up during serving on Council, one of the hardest thing is that government does not work that quickly have to be very caution and study issue and know effects of action please don't make hasty decisions, do appreciate one of you and offered your time as elected without any payment takes time and energy, for Acting City Manager Roger Roecker and Lynn appreciate work done for finance, so fortunate to have the employees it does and hopes Council appreciates and supports. Mike Sharp, 1200 Shooting Star, addressed Council and stated he was in attendance at the last meeting, reflects how a lot of people feel, did not move here because of the trees, moved here because of seeing 4th of July Parade on television and Friendswood sounds like Friends, looked at Schools, demographics and then could afford it, concerned if could afford to move here now, touched on tree ordinance, not in favor of one currently in place, not opposed to a tree ordinance, but if not generally accepted, then not a good ordinance, Council LeCour had asked how many trees saved, would like to see response, and asked how many applied for protection of trees, early May attended what believed was a Main Street Meeting, was under impression was Main Street Meeting, heard last meeting that had been disbanded, 6/26/06 2506 City Staff inember was in attendance taking notes and direction of things to do, committee giving direction to Staff, if disbanded, that is ok, so Staff would not be given direction, chaired by Mr. Bill Finger, addressed clear cutting, provided pictures, need to work on other legislation than a tree ordinance. Mayor Smith requested Acting City Manager Roger Roecker to look into what meeting that was held. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS No report was given. ACTING CITY MANAGER'S REPORT Acting City Manager Roger Roecker reported on the Mosquito Outbreak. During the week of June 12, the City of Friendswood received a large volume of mosquito complaints from residents. As you know, both Harris County and Galveston County Mosquito Control provide this service to Friendswood, and City staff has been attentive this week in reporting the locations of each complaint to the respective county mosquito control office. The City was told by Galveston County that they typically spray in Friendswood two to three times per week, and that they depend heavily on truck spraying for this service. Harris County has informed us that their service is currently concentrated around areas that are at high risk for West Nile Virus. According to Harris County, Friendswood is not within that risk-zone. While the City currently does not have the resources to provide citywide mosquito control, the City does contract for spraying at some parks before events where large crowds are anticipated, such as Concerts in the Park, for example. This service can be expanded to include areas that may not be sufficiently covered. However, this is currently the extent of the City's involvement with mosquito control, as this is a county- provided service. Last week, he also asked City Staff to contact Galveston County Commissioner Ken Clark's office to request aerial spraying similar to what the City requested following the mosquito outbreak after Tropical Storm Allison. The County followed up on providing the aerial support by sending their plane into Friendswood. This sound was undoubtedly welcomed by many. He also asked Staff to contact Harris County Commissioner EI Franco Lee, and the response from Harris County has continued to be consistent: areas that are at high risk for West Nile Virus are a priority. To date, Harris County has no definitive answer on their plan of action for spraying the Harris County side of Friendswood. Last week, the City also sent out a news release informing residents on how they could help combat the mosquito problem, with suggestions such as getting rid of standing water and keeping swimming pools clean and circulating. The City will continue to assist residents in reporting mosquito problems to both Harris and Galveston counties. ACTION ITEMS **Councilmember Horecky moved to approve action regarding approval of the policy for use of the Public Education/Government Access Channel, but delete Community Bulletin Board and limit to City Events. Seconded Councilmember Ewing. ***Councilmember LeCour moved to table for further work on the policy. Seconded by Councilmember Measeles. The motion was approved 5-2 with Mayor Smith and Councilmember Ewing opposed. **Councilmember Hill moved to approve the Schedule of Events for the sale of Water& Sewer Revenue Bonds. Seconded by Councilmember LeCour. The motion was approved unanimously. **Mayor Smith moved to adopt the Charter Review Commission appointment process as stated in the Charter. Seconded by Councilmember Measeles. The motion was approved unanimously. 6/26/06 2507 Applications are to be submitted to the City Secretary's Office, and discussed in Executive Session. Mayor Smith will prepare list of approximately 10 people and then present to Council to consider for interview. **Councilmember Measeles moved to adopt the existing appointment policy for Boards, Commissions and Committees. Seconded by Councilmember Ewing. ***Councilmember Peden moved to amend Section 4.03 of the policy to change to three-year terms. Seconded by Councilmember Ewing. The motion was approved unanimously. ****Councilmember Peden moved to amend Section 5.02 to remove the last sentence of the first paragraph to provide that Council will interview all new candidates to be considered prior to appointments. Seconded by Councilmember LeCour. The motion was approved 4-3, with Mayor Smith and Councilmembers Ewing and Measeles opposed. *****Mayor Smith moved to amend to delete the Electrical Board, Bicycle Advisory Committee, and Heroic Service Award Committee from the policy because they no longer exist. Seconded by Councilmember Peden. The motion was approved unanimously. ******The main motion, as amended, was approved unanimously. RESOLUTIONS **Councilmember Peden moved to approve Resolution R2006-16 — A Resolution of the City Council of the City of Friendswood, Texas, amending Resolution No. R2005-24, passed and approved the 15th day of August 2005, and being a resolution adopting rules of procedure for the conduct of City Council meetings, to include repealing all prior rules of procedures and adopt the procedures in one document. Seconded by Councilmember Measeles. The motion was approved unanimously. ORDINANCES **Councilmember Measeles moved to approve the Second and final reading of Ordinance No. T2006-08, an Ordinance amending the Code of Ordinances of the City of Friendswood, Texas, by adding to Chapter 54 thereof a new Article VI; providing it unlawful for certain sex offenders to reside within 2,000 feet of a school or child care facility; making certain findings; providing definitions; providing exemptions; providing for other matters related to the subject; providing a penalty of an amount not to exceed $500 for violation of any provision hereof; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; and providing for severability. Seconded by Councilmember Peden. The motion was approved unanimously. **Councilmember Peden moved to approve the Second and final reading of Ordinance No. T2006-10, an Ordinance amending Appendix C of the Friendswood City Code, said Appendix C being City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally adopted the 19th day of November, 1984, and being the Zoning Ordinance of the City, by changing the zoning classification of a certain 3.283 acre tract of land within the City from Specific Use Permit—"Oil Well"to Single Family Residential (SFR), such tract also being out of Lot 58, Section 22, I&GNNR Company Survey, Abstract 616, Friendswood, Galveston County, Texas; providing for the amendment of the City's Official Zoning Map; providing a penalty in an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Horecky. The motion was approved unanimously. 6/26/06 2508 **Councilmember Horecky moved to approve the Second and final reading of Ordinance No. T2006-11, an Ordinance amending Appendix C of the Friendswood City Code, said Appendix C being City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally adopted the 19th day of November, 1984, and being the Zoning Ordinance of the City, by deleting Subparagraph "K" of Paragraph 2 of Subsection M of Section 8 thereof and renumbering same as Paragraph 3 of Subsection M of Section 8; and providing for severability. Seconded by Councilmember Peden. The motion was approved unanimously. **Councilmember Hill moved to approve the Second and final reading of Ordinance No. T2006-12, an Ordinance amending Appendix C of the Friendswood City Code, said Appendix C being City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally adopted the 19th day of November 1984, and being the Zoning Ordinance of the City, by changing the zoning classification of a certain 2.398 acre tract of land from Single-Family Residential (SFR)to Planned Unit Development (PUD)-Specific Use Permit (SUP)-Residential, such tract being out of Lot 5-1 and 5-2, Block 11, Friendswood Subdivision, Sarah McKissick League, Abstract No. 151, City of Friendswood, Galveston County, Texas, within the City; providing for the amendment of the City's Official Zoning Map; providing a penalty in an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember LeCour. The motion was approved unanimously. **Councilmember LeCour moved to approve the First reading of Ordinance No. T2006-13, an Ordinance repealing Article IV of Chapter 2 of the Code of Ordinances of the City of Friendswood, Texas, said Article IV being entitled "Code of Ethics," and which article contains recitations of applicable state statutory and home rule charter provisions governing conduct of City officers and certain additional standards. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Ewing moved to approve the First reading of Ordinance No. T2006-14, an Ordinance providing for compliance by the City of rules and regulations that govern construction and development otherwise applicable to private sector development within the City. Seconded by Councilmember Peden. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR SMITH AND COUNCILMEMBERS Councilmember Peden spoke regarding the Harris-Galveston Coastal Subsidence District Water Conservation Program, apologized to citizens for the length of ineeting last meeting, this was on the agenda and slipped by him due to late hour, stated the City spent $22,000 of tax payers dollars for water kits sent home to 4th graders to save water, believes this is a waste of funding, made a proposal not to do this project next year and not place in budget for next year, hopes this Council can spend tax dollars wiser next year. Councilmember Ewing asked what the City gets back from this. Acting City Manager Roger Roecker stated the City receives 84,000 ground water credits for each student that participates, if the City pumps too much water, can use credit to offset penalty that would be assessed. Councilmember Peden asked how many credits does the City have and what is the dollar amount of credits would that offset the cost, understands the City has not used credits, received a kit as well, did not work, threw out. Acting City Manager Roger Roecker stated the credits have a dollar value, cannot project when the credits may be needed. Public Works Director Kaz Hamidian provided information, comes in two categories, can sell credits, more value to it than just providing kits, 262 million credits banked, has 25% banked of total usage. 6/26/06 2509 Mayor Smith stated he has a child that went through the program, reminds him to turn off water when brushing teeth, and believes the program has a bigger impact than dollar investment. Councilmember Peden would argue, other points cost more than water running, thinks kits are colossal waste of money, believe irresponsible waste of money. Mayor Smith stated the City is in the business of providing water and sewer. Councilmember Measeles stated he had no report. Councilmember Peden stated he had no report. Councilmember Horecky stated he had no report. Councilmember Hill reported on the Galveston County Consolidated Drainage District Meeting, would like to meet in workshop to work on drainage in Clover Acres. Councilmember Ewing reported that she attended the Bay Area Houston Economic Partnership meeting, reminded about Clear Creek Nature and Cultural Tourism Council meeting, and the Houston-Galveston Area Council meeting. Mayor Smith thanked Council. CONSENT AGENDA **Councilmember Measeles moved to approve the Consent Agenda as presented with the exception of Item G - Approve minutes of April 17, 24 and 28, 2006, May 1, 22, 24 and 25, 2006 and June 5, 2006 Meetings. A. Approve Resolution R2006-15, A Resolution approving that certain "Addendum to Certificate of Authority" for the purpose of changing the list of persons authorized to act as signatories on City accounts at Wells Fargo Bank N. A., the City's banking depository. B. Approve License Agreement for the use of a buyout property located on Appleblossom Drive. C. Approve and authorize the Mayor to execute an Interlocal Agreement with the Texas Department of Public Safety to use interoperable frequencies during emergencies. D. Approve Mayor's appointment of Paul Marx and John McGaughy to fill two vacancies on the Community Appearance Board. E. Approve purchase of support vehicle for Friendswood Volunteer Fire Department. F. Approval of the May, 2006 Property Tax Report. Seconded by Councilmember Peden. The main motion was approved unanimously. "**Councilmember Ewing moved to approve Item G with the exception of the April 17, 2006 minutes which were tabled - the minutes of 24 and 28, 2006, May 1, 22, 24 and 25, 2006 and June 5, 2006 Meetings were approved. Seconded by Councilmember Measeles. The motion was approved unanimously. A motion was made and approved to adjourn at 9:45 PM. �— ! (;, ith D vi J.H. Smith Attest: o� F R�Ep�� . �` �► � ` � �O v o D loris McKenzie, TRMC City Secretary � * a ��rE � �+'ro