Loading...
HomeMy WebLinkAboutCC Minutes 2006-04-17 Regular 4/17/06 2467 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( APRIL 17, 2006 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, APRIL 17, 2006, AT 6:30 PM AT THE 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 CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE Mayor Brizendine called the meeting to order. 6:30 PM —CLOSED EXECUTIVE SESSION Council convened into Executive Session in Accordance with the Texas Government Code, pursuant to Section 551.074— Personnel Matters— (Evaluation of City Secretary). Council convened into Regular Session at 7:00 pm with no action taken later in the meeting. RECONVENE INTO OPEN SESSION 7:00 PM — REGULAR SESSION The invocation was given by Pastor David Bridges with Friendswood Friends 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 a Proclamation to Sharon Parks, CPS, Administrative Secretary of the City Secretary's Office, Toni Yeager, CPS, Executive Secretary and Carrie Jones, Administrative Secretary of the City Manager's Office, recognizing Administrative Professionals Week as April 23-29, 2006. Mayor Brizendine Recognized the Junior Girl Scout Troup 332 members that were in attendance. JOINT DOCKETED PUBLIC HEARING Mayor Brizendine and Planning and Zoning Chair Kevin Holland called a Joint Docketed Public Hearing to order, to receive comments from the public, either oral or written, regarding a request for a Zone Classification change for a tract of land containing 3.283 acres, being out of Lots 57 and 58 of the subdivision of Section 22 of the I. & G.N.R.R. Company Survey, property located at southeast corner Moore and Mandale Roads, Galveston County, Texas, from Specific Use Permit-Oil Well (SUP-Oil Well) to Single-Family Residential (SFR). 4/17/06 2468 Janis Lowe, 401 Forest Pines Court, spoke in favor of the request, representing the owners. No one spoke in opposition. Hearing no further comments, Mayor Brizendine and Planning and Zoning Chair Kevin Holland closed this Joint Docketed Public Hearing. Mayor Brizendine and Planning and Zoning Chair Kevin Holland called a Joint Docketed Public Hearing to order, to receive comments from the public, either oral or written, regarding a request to amend the Zoning Ordinance of the City of Friendswood, amending Section 8, M — Commercial activities and outdoor sales for temporary structures. City Planner Diana Steelquist presented the Staff's recommendation for clarification. No one spoke for or against the Zoning Ordinance amendment. Hearing no further comments, Mayor Brizendine and Planning and Zoning Chair Kevin Holland closed this Joint Docketed Public Hearing. Mayor Brizendine and Planning and Zoning Chair Kevin Holland called a Joint Docketed Public Hearing to order, to receive comments from the public, either oral or written, regarding a request for a Zone Classification change for a tract of land containing 2.398 acres, being out of Lots 5-1 and 502, Block 11 of Friendswood Subdivision, situated in the Sarah McKissick League, property located at the end of Quaker Bend Drive, Galveston County, Texas from Single-Family Residential (SFR) to Planned Unit Development/Specific Use Permit- Residential (PUD/SUP - Residential). Lisa Walker, Forest Pines Court, stated she is the owner of the property and spoke in favor of the change. Rachel Suarez, 1012 Quaker Bend, plan does not address drainage for lot 2, building structure 10 feet from the road, asked for clarification, is not necessarily opposed. Kenton Harris, Whispering Pines, concerning about drainage, but is not necessarily opposed. Denny Holt, 1010 Quaker Bend, stated he lives across from the property, asked about the drainage pond, asked if trees being torn down, site plan and structure has to be a part of the original plan or have to come back to Planning and Zoning to change, is the only residential PUD in the City, was on zoning commission when first PUD was granted, taking to Zoning Board of Adjustments, will be costly both to the City and to the owners, mostly to the owners. Hearing no further comments, Mayor Brizendine and Planning and Zoning Chair Kevin Holland closed this Joint Docketed Public Hearing. COMMUNICATIONS FROM THE PUBLIC Troy Hopkins, 2605 N Mission Circle, stated he is a candidate for Council Position 4, he moved to Friendswood with his wife and two children, is active in the community, has been in politics, is an independent candidate, wants to be a voice for the citizens. Donald R. Beeth, 5303 Whittier Oaks, addressed Council and stated he lives and has lived continuously at 5303 Whittier Oaks Drive in Friendswood, Texas for over thirty years, appears before Council to publicly bring to attention serious violations of the ethics provisions of the City Charter by Mayor Pro-Tem David Smith, and for which violations the City Charter requires that Mr. Smith immediately forfeit his seat on the City Council and is ineligible for City office for a period of four years. Moreover, Community and 4/17/06 2469 Economic Development Committee member Dr. Rebecca Hillenburg also participated in Mr. Smith's violation and for which violation the City Charter also requires the same sanctions. Tonight, he is calling for this body to remove both individuals from their offices, stated he is sure the Council is well acquainted with the ethics provisions of the City Charter, inasmuch as the City ethics code has been a major continuing topic considered by the Council for at least the last year. As evidence of the intensity of Council's attention to ethics, a search of the electronic agenda for the past year returns at least 35 containing the word ethics. Called to attention to the following passages from the City Charter, which as with any Charter provision was put there by a vote of the public in an election. City Charter Sec 4.06 entitled "Personnel" contains the following two sentences: "Except to the extent authorized by state or federal law in conflict herewith, no appointive officer or employee of the City shall make a contribution to the campaign fund of any person seeking election to a City office or to any political party supporting a candidate for election to a City office, nor shall he/she be solicited for this purpose, but his/her right to express an opinion or to cast a vote as a citizen shall not be limited." "Any person who either by himself/herself or with others willfully violates any provision of this section shall be ineligible for appointment or election to a positive in the City for a period of four years, and if he/she is an officer or employee of the city he/she shall immediately forfeit the office or position he holds. Mr. Beeth stated Mr. Smith's April 13 Campaign Contribution Report stated he received a $200 campaign contribution on March 8, 2006 from Dr. Rebecca Hillenburg, who was then and is now serving a term on the Community Economic& Development Committee, stated the date of the contribution is astounding due to the fact that the Council spent over two hours discussing the Ordinance on March 6, 2006, stated Mayor Pro-Tem Smith violated the Charter he debated only two days before. Since March 6, 2006, Council has had an additional workshop discussion on March 20, 2006 and passed the amended ordinance on April 3, 2006. Inasmuch as this same campaign report shows that Mr. Smith's expenses have exceeded his contributions, it must be assumed that he accepted this contribution, deposited it, and spent it. By his acceptance, deposit, and expenditure of this check, Mr. Smith became a willing participant in violating the Charter provisions and has thereby forfeited his Council position and is ineligible for public office, stated this not the first time Mr. Smith has violated provisions of the City Charter, and further stated he is seriously involved in the Goza, Horecky, Sharp, and Hill campaigns. However, tonight I speak only for my self and not for any candidate. Mayor Brizendine stated Council is calling a Special Meeting on Monday, April 24, 2006, for the City Attorney to investigate charges and report back to Council and to authorize a second opinion. Dan Illerich, 2876 Love Lane, remarks to Ron Cox, thanks for a job well done, personal thanks, Ron has done well for the City of Friendswood, with guidance from several City Councils, he has put the City in a good fiscal position, leaving this City in a better financial operation, thanked forjob during Tropical Storm Allison, personally wish God Speed, good luck and thanks forjob did for Friendswood. Penelope Burke, 613 Penny Lane, seconded everything said by Dan Illerich, met Ron the night he was hired, one of the most professional people she ever met, commented on statements made by Don Beeth, stated she resents Mr. Beeth's comments, asked the City to write letter for an Attorney General opinion if a volunteer, and unpaid citizen can support candidates and make contributions and asked for a letter to be sent to her. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Senior Citizens Advisory Committee Chair Sharon Richardson presented a report and acknowledged Christine Schaffner and the Senior Advisory Board. 4/17/06 2470 Galveston County Economic Alliance President Don Gartman presented a report. A question and answer session was held regarding what the City could do better, any strengths or weakness. CITY MANAGER'S REPORT City Manager Ron Cox reported on the meeting with Clear Creek Corps Project Sponsors. As you know, Staff has been meeting regularly with representatives of the City of Pearland, Galveston County Consolidated Drainage District and Brazoria Drainage District #4 since Tropical Storm Allison to monitor the progress of the General Re-evaluation and Review (GRR) of the Clear Creek Flood Control Project (Corps Project) and to stimulate awareness and activity for any drainage improvements in the watershed. In that time, the group has met with Congressmen Delay and Lampson and with the Corps of Engineers on three occasions. The group has also sponsored the development of a DVD that graphically simulates a 100-year flood throughout the watershed (this was developed using LIDAR technology with Tropical Storm Allison study data). On Wednesday, April 12, the group, that can loosely be called a consortium, met with the sponsors of the Corps Project. The sponsors are Harris County, through Harris County Flood Control District, Brazoria County, through Brazoria County Drainage District #4, and Galveston County. Representatives of these entities met with representatives of the two cities and two drainage districts. Because a majority of inembers of the two drainage districts were present, both districts posted notice. There were two members of the general public as well as the local newspaper present. The purpose of the meeting was to ask the sponsors to review the status of the Corps Project from their perspective, determine how they propose to meet the additional needs for improvements to the watershed that will not be funded by the Corps Project, and gain an understanding of what is next. Status of the project - The sponsors reported they have met with the Corps of Engineers on more than one occasion since the National Economic Development (NED) Plan alternatives were released. You recall these alternatives provided very little improvement within Friendswood. We learned that since its release, the NED alternatives have changed. The clearing and desnagging work projected within the City has now been eliminated from the project because the mitigation required under the federal project would be too expensive. The Corps however, has begun, in the alternative, to program in the detention ponds that were originally not a part of the project. Although not yet finally determined, it appears the project's overall cost/benefit ratio has improved with the inclusion of the detention. When Dannenbaum Engineering presented their findings from the proposed alternatives, detention upstream of Friendswood was found to be very beneficial by potentially lowering the flood elevations as much as 1.5 feet, a significant reduction for this project. Non-federally funded components - Clearing and desnagging, high- water bypasses and an increase in the 1-45 bridge elevation at Clear Creek remain very important components for Friendswood. The sponsors have clearly heard the City's recommendation on this matter, and are considering those aspects of the project as separate components that would be sponsored and funded locally - either by the sponsors or combinations of funding sources. These would not likely be funded through the Corps Project. There is no budget yet for any of these items, except the clearing and desnagging, but the sponsors are committed to working on these as components of a local plan, along with the actual Corps Project itself. This effectively combines the federal plan with a local plan for a total project plan. Current project timeline - The timing, as usual, is longer than anyone would like. It is expected the latest NED alternative will be completed in the next two months. Once completed, it will then be submitted to the Corps and subjected to a public hearing process that will culminate in an approval no earlier than 2007. Funding for the Corps Project itself, using that timeline, will not be available until 2009 with construction beginning no earlier than 2010. In the meantime, there is work that will be done. The Clear Creek Steering Committee, with the approval of the three sponsors, will begin and complete the Flood Plain Management Plan (FPMP). This Plan is required and must be approved before any federal funds can be spent in the watershed. The pre-planning for that Plan has been completed and it is ready to begin. It will begin when the NED alternative is completed in two months. Completion of the FPMP is expected in 18 months, now projected for sometime in 2008. It is through the development of the FPMP that the components and non-federally funded projects listed above will be 4/17/06 2471 better detailed and developed. The meeting ended on a commitment by each of the sponsors to earnestly find and work toward the funding of projects that will help drainage problems in the watershed consistent with objectives of the Corps Project, and they pledged to continue to work with all the entities, including ours, up and down the watershed. Mayor Brizendine recognized Susan Cox for her years of sharing Ron with the City of Friendswood and for her years of support. Acting City Manager Roger Roecker reported on rolling power outages. Roger addressed, filling in for the best City Manager in the State of Texas, Ron's ethics and will be greatly missed by all City employees and thanked Council for the honor of serving as Acting City Manager in this interim period. City Manager Ron Cox reported on Corps sponsors meeting held last week, report on the National Economic Development (NED) Plan report, some of that report was not satisfactory to Council and asked to have Dannenbaum Engineering review that report, learned that the NED report has changed some, desnagging was removed from the NED plan because there was going to be $51 million of mitigation work that was only worth about a million dollars in the project, the cost/benefit ratio from the Corps's perspective became cost prohibitive and they changed the project, instead they have begun to look at the detention alternatives, even though some components have been removed from the federal project and even though there are components of an overall project that would not be funded by the federal government, the sponsors have committed, within reason and their financial capabilities, of adding some non-federal locally sponsored projects to an overall Clear Creek project, therein lies the opportunity to reengage the clearing and desnagging part of the project, the project will not begin soon, has been studied over 50 years, committee continuing working on 50 year flood plain management plan, expect to be finished in 18 months. City Manager Ron Cox thanked the Mayor for acknowledging his wife Susan, stated he likes to take time to study things before making a recommendation or decision, spent about a year to decide what to do with their lives, studied Susan about three months before deciding to marry her 6 months after the day they met, this is the only exception, thanked Dan Illerich and Penny Burke for their comments, This marks his last report to Council as City Manager of the City of Friendswood. His first report was in November 1990. Although he has been chastised (mostly jokingly) about reporting too long, or even preaching, he has striven to provide reports that were relevant to the City Council and informative to the public. He hopes that has been the case. At the risk of being repetitive of some of the things that he has said or written since announcing his resignation, he wants to take this opportunity to make a few comments as he leaves the service of this city. He is not naive enough to believe that all the statements and decisions he has made have been agreed with totally or even always correct. What he hopes everyone can agree with and attest to, is that what he has said and done has been with the intent of being honest and forthright, and that the time he has spent serving this city has been productive, professional, trustworthy and with integrity. He is not one to dwell on the negative, so he won't. What he does dwell on is the good that has been accomplished. He remembers most vividly, the first-ever Council planning retreat, the setting of goals and objectives for Staff to implement. He also remembers the development of the City's Vision Statement, Council's Beliefs and Expectations, the creation of Vision 2020 and the facing head-on of many hard decisions affecting the welfare of this community. His memories also include the renovation of a building for a new and expanded library, the renovation of the old library for an activities center to house a new senior citizens program, the construction of a new city hall, and now the construction of a new public safety facility. He remembers the purchase of additional surface water capacity, construction of a second surface water distribution system, construction of a new elevated storage facility and waterlines to meet the demands of a growing city. He remembers the purchase of the Friendswood Sportspark for girls softball, the complete rebuild of the bleachers, fences, lighting and even some fields at Renwick Park, the expansion of tennis facilities through a joint use agreement with Friendswood Independent School District (FISD), the completion of a master improvement plan at Stevenson Park including the pavilion and walking trail, and the purchase, construction, and near completion of Centennial Park with all its fine facilities. He remembers many, many employees and staff whom he has worked with. The senior Staff 4/17/06 2472 has been especially important to him, working together, as a team to meet the demands of a growing community, professionally and efficiently. He has grown considerably from his association with them, and hopes they have learned something in the process. He remembers the Mayor and Council Members who hired him in 1990: Mayor Paul Schrader and Council Members Bob Wicklander, Ron Ritter, Evelyn Newman, Ed Stuart, Harold Raley and Frank Frankovich. These people took a chance with a guy who grew up in Oklahoma and cut his City Manager teeth in the piney woods and oil fields of East Texas. He remembers the other three Mayors, Evelyn Newman, Harold Whitaker and Kim Brizendine and the 16 Council Members who have been elected since then, including everyone's favorite, Tom Manison. We may not have agreed with all their decisions, but he can attest that they all had and have these things in common — they loved Friendswood, they wanted what is best for Friendswood, and they worked hard to do good for Friendswood. The Mayor and Council sitting at the dais today are no different. You must share these same values. And, so, he is sure, do the candidates sitting in the audience. If you cannot pass this test of love and dedication, in his view, you should not serve. So, his challenge to all of you, and his prayer for all of you, is to sacrificially and humbly keep the interests of this City and its citizens first in your hearts. Stay focused on what you think is right. Remain prayerful in everything you do, and act in accordance with God's will for you and for this community. He cannot reflect on events in Friendswood without remembering the prayer by Loren Wood at the dedication of this City Hall in 1995. Among other things he prayed, "May the decisions made in this City Hall be bathed in integrity, honesty and truth." That prayer was and remains today profoundly relevant. And that is his prayer now for you and for future City Councils elected to serve and lead this fine city. Thanks to his wife Susan and two children, Emily and Tim, for supporting him and loving him unconditionally in spite of his crazy need to work in such a public environment, so often fraught with frustration and criticism. They know, as he does, this job of being a City Manager is important, has been fulfilling and has made him happy. Thanks to those who brought us here to Friendswood. Thanks to all the employees who were so fiercely loyal and faithful. And thanks to those who allowed us to stay and work for this City for 15 years. May God bless all of you. Mayor Brizendine stated for a second it sounded like outgoing City Manager Ron Cox was running for office, felt it was appropriate for him to say a few words, has been saying so much about Mr. Cox over the past couple of months, he is a man of wisdom and character, will miss his tenure and wisdom, thanked Mr. Cox for his contributions at all levels. ACTION ITEMS **Councilmember Goza moved to approve a contract with Waters-Oldani to conduct a search for a new City Manager. Seconded by Councilmember Measeles. The motion was approved unanimously. RESOLUTIONS **Councilmember Smith moved to approve Resolution R2006-11 -A resolution of the City of Friendswood authorizing intervention in the review of the rates of CenterPoint Energy Houston Electric, LLC pursuant to Pura 936.151, filed at the Public Utility Commission of Texas and assigned Docket No. 32093, as well as any other subsequent related proceedings. This resolution authorizes the joining with other intervening cities to protect municipal and ratepayer interests; authorizes the hiring of attorneys and consultants; and requires reimbursement of the cities' ratemaking costs. Seconded by Councilmember Ewing. The motion was approved 6-0 with Councilmember Measeles abstaining due to a conflict of interest. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Peden reported on the communication from the public, Council debate of motions, and Tax Cuts 101, stated communication from the public now more open to the public with changes to the 4/17/06 2473 Council procedures, spoke about Dan Illerich's speech at the last meeting, asked public to use this judiciously, Council debate of motion, very disappointed with motion last week with motion made and lack of second, think the right thing was not to have placed on ballot, but thinks should have been debated, spoke on tax cuts 101, spoke on emergency funds, and need thereof during last Hurricane season, did great job for City and wants to continue. Councilmember Smith stated he agrees with Councilmember Peden to bully pulpit, felt Dan Illerich earned right to time to speak for the many years of attending meetings Councilmember LeCour reported on Tax Cuts 101, read that tax cuts scares some, if you don't have the backbone, then City Council is not the place to be, this Council will make the 25% mark, will cut taxes. Mayor Brizendine stated he thinks lack of debate was a mistake, hopefully not make this same mistake in the future, regarding Tax Cut 101, eight years ago, had $0 in reserve fund, began doing different accounting to better reflect accounts, not having to cut services, no one should be threatened by deliberations of how big the reserve should be. Councilmember Measeles stated he had no report. Councilmember Peden asked Mr. Illerich to get on agenda next time so can ask questions. Councilmember Smith reported Mayor Brizendine, Councilmember Goza and City Manager Ron Cox, and himself all attended Corps Sponsor meetings, was disheartening, was enlightening, and encourage others to attend. Councilmember Goza reported he did attend a lot of ineetings with Councilmember Smith, will miss City Manager Ron Cox but will see in Manvel. Councilmember Ewing reported she attended Heritage Society function, Relay for Life in League City, several will be representing Friendswood, Spring Sparkle in Old City Park this Saturday, thanked Senior Citizen Advisory group, a lot of time and effort, thanked Staff, thanked City Manager Ron Cox, very honest man with integrity and very Christian, responded quickly and always researched, thanked and will be missed. Mayor Brizendine acknowledged the two Councilmembers running for Mayor, determined to invite them to attend all meetings he is attending to be informed, all working very hard for the City in promoting economic development in Friendswood, will have a new Mayor that will be knowledgeable. Walked the property that Friendswood Development is developing for the West's and property that will be donated to the City parks system, very exciting very breathtaking, very proud of Director of Community Services Jon Branson and City Manager Ron Cox for involvement and negotiation. CONSENT AGENDA **Councilmember Goza moved to approve the Consent Agenda as presented with the exception of Item A - Disposition of Bid No. 2006-05 for Centennial Park lighting. B. Authorize the Mayor to execute agreements with Friendswood Area Swim Team (FAST) and the YMCA for the use of Sesquicentennial swimming pool. C. Authorize acceptance of contract assignments and Change Order No.'s 3 and 4 from Frost Constructors to the City of Friendswood for completion of the Centennial Park Project. D. Approve and authorize the Mayor to execute a contract renewal with the Galveston County Economic Alliance for regional economic development services. E. Approval of March, 2006 Property Tax Report. F. Approve Minutes of March 27, March 30, and April 3, 2006 Meetings. Seconded by Councilmember Smith. The motion was approved unanimously. 4/17/06 2474 **Councilmember Peden moved to reject Item A - Disposition of Bid No. 2006-05 for Centennial Park lighting and re-bid. Seconded by Smith. The motion was approved unanimously. A motion was made and approved to adjourn at 8:47 PM. �z .. J � � ° ayor Kimball W. Brizendine Attest: , � F FR'Eao f � . .a° �'�o Deloris McKenzie, RMC� V p City Secretary * * •� �'O� 4/17/06 2475 This page was intentionally left blank.