HomeMy WebLinkAboutCC Minutes 2004-01-12 Regular 01/12/04 2105
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
JANUARY 12, 2004 )(
^~ MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY,JANUARY 12,2004AT 5:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS,910 S.
� FR(ENDSWOOD DRIVE, FRIENDSWOOD,TEXAS,WITH THE FOLLOWING PRESENT CONSTITUTINGA
QUORUM:
MAYOR KIM BRIZENDINE
MAYOR PRO-TEM JERRY ERICSSON (arr. at 5:13 PM)
COUNCILMEMBER LAURA EWING (arr. at 5:45 PM)
COUNCILMEMBER TRACY GOZA
COUNCILMEMBER DAVID J. H. SMITH
COUNCILMEMBER SHANNON KIMMEL
COUNCILMEMBER MEL MEASELES
CITY ATTORNEY LOREN SMITH (arr. at 7:00 PM)
CiTY MANAGER RON COX
CITY SECRETARY DELORIS MCKENZIE
�vi2y'Oi Brizerdine Caiic� iil2 iiicciiiiy iv Oiuci.
5:00 PM —WORK SESSION
Discussion was held regarding the contract with the Friendswood Volunteer Fire Department. President Rick
McFee presented a PowerPoint presentation and overview of the history, goals, contract development
process, features of�the contract, fifteen year term, annual review, annual report, quarterly reports including
financial and administrative.reports, outstanding options and timeline for implementation. A question and
answer session took place in which Council discussed the following;clear chain of command,commended for
._.�. the work going into the work of the contract, retirement benefits not addressed, City responsibility, part of the
City budget process, Council would like to see some reference to the retirement process, how does this
change volunteer and paid firemen, changes are positive as report to one boss, contract administrator would
be City Manager, should ±his include Ci±y Council designee, time frame for written repor±s, combined
communications center will serve Police Department and Fire Department wiil continue, hired personnel will
report to the Volunteer Fire Department, need to look at the contract wording, use of may and shail needs to
be looked at, renewal options in contract, mutual aid provisions needs to be looked at for wording
ciarifications, chain of command,workman's compensation and how application, looking into new laws as to
allow Volunfeer Fire Department contract with Texas Municipal League(TML), looking into, may have to make
some changes to the contract if TML coverages are not available,would be a budgeting matter,why no other
Cities have contracts like this, �o other performance based contracts, could see any reason for any party to
terminate, possibly sfandards could not be met, believes couid be met, only thing would be dissolution of Fire
Department, formal vote of Fire Department, has been presented to officers and will be presented to
members, paid personnel, any problem with transitioning to contract, may be some,does not anticipate major
problems, history working relafionships was not the best, that is not the case now, Council happy with
leadership and thanked group for input into the process and is a significant step for the City and Fire
Department. The City Manager stated he believed the process has strengthened the relationship and wanted
to be sure the relationship remains in effect for a long time.
, Discussion was held regarding the Sunmeadow Subdivision Drainage Project. Mayor Brizendine made
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opening statements and clarifications. Council asked if any other options are available other than open or
closed ditch, Mayor responded that none would address the needs for that particular area, process needed to
proceed, Public Works Director Mike Hodge, compfete survey about 6 weeks, update property owners next
couple of weeks, design begins on final portion. Full sef of plans completed and bid process end of April, bids
in and analysis and bring to Council some time in May, then would move fonivard with project, Council stated
the process would not delay this project with this addition to the process, need an action item to amend _____
contract with Claunch and Miiler to provide for closed conduit systems,will not hold up project, implementation
would begin with land acquisition, execute contracts and preplanning meetings,construction would be a 14-
month project for all process to begin July 2004 to August 2005 if all accepted and funded by Council,
continuing looking at historical tree impact, will try to over-communicate with all interested parties, if any
changes.
7:00 PM— REGULAR SESSION
The Invocation was given by Pastor Dennis Owens from New Life Assembly of God.
Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas.
COMMUNICAT{ONS FROM THE MAYOR AND COUNCILMEMBERS
Mayor Brizendine welcomed Council back and thanked everyone for 6 months of help to him as Mayor.
Councilmember Ewing reported she attended no meetings, has piciures regarding concerns auoui iree�ueii�g
chopped down, is very, very concerned as to what is happening in our City, has been taking pictures of tree
loss, is ready for the tree ordinance to be moving on, the pictures speak a very strong story, historical trees
are being obliterated, particularly in Camp Manison which was here for many years and saw a lot of children
come and go and now there is nothing to show it was ever there.
Councilmember Ericsson, Councilmember Goza and Councifinember Kimmel had no report.
Councilmember Smith reported he would like to extend great wishes for a great holiday, thanked the Police
Chief and Staff for keeping the City safe.
Councilmember Measeles reported on a meeting he attended of the Trust for Public Land regarding open
sp�ce Clear Creek in League City, great speaker, discussed tree loss, economic development, grants
available to eradicate Chinese Tallow trees,trees reduce waterflow,trees decrease the amount of stormwater
that flows into the Creek,trees remove pollutants from the air, increases energy efficiency for air conditioning,
it was very informative, eco-tourism is being discussed,talked about developing an eco-fourism and would like
to look into a City committee for this.
Mayor Brizendine addressed commenfs from Councilmember Ewing, cannot ignore because this development
is behind his home,the tree issue is an important issue, the City must take into consideration a lot of issues, it
is shocking to see the scorched earth where Camp Manison used to be. Council needs to move forward and
address issues regarding how did this happen, has been meeting with Staff 4-5 days to gather information as
to how this could have happened and what coufd have peen done to prevent it, this is not the format but
intends to bring that format together and hopes to bring together these issue.s.
COMMUNICATIONS FROM THE PUBLIC
Judy Kimball, 802 W. Edgewood, addressed Council and stated she was there to talk about the trees at Camp
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Manison;read an e-mail addressed to Councilmember Laura Ewing aboutwhat this area meant to the children
coming to this area, is a historic loss, is encouraged that the Mayor and members of Council are saddened by
the loss of the trees and encouraged that this will be looked into to not happen again.
.__ Susie Westphal, 406 Melody Lane, addressed Council and stated she is very troubled and concerned about
the tree loss, there is a problem and something needs to be done right now to stop it and only you have the
power to stop it, where does development fit with the City plans, how could this happen, a tree ordinance is
needed now, does anyone work with the deve(opers about other things that can be done, this system is not
worlcing, green spaces are being destroyed, need to wake up and take a stand and put a stop to this
destruction as the guardians of our City, do not wait, do it now,just say no to the clearing of our fields.
Penny Burke, 613 Penny Lane, addressed Council and stated the trees on her street would have been
destroyed following City regulations but took steps to keep the trees on this lane, the tree ordinance present
and new would not prevent the destruction of the trees at Camp Manison, look at commitment to open space,
look at what the people that live here want, when Vision 2020 was developed people did not say they want
economic development, they wanted green space, there are about 4,000 acres of coastal land left and we will
have to plant a lot of trees.
Doris Heard, 204 Stanley Court,was at Vision 2020, economic developmentwas not said, reportwas different
from what was said, there are a lot of reasons for people coming to town, look at balance on committees so
that when you get reports they are representative of what citizens want, the logic of removal of inedians and
irees iaii her, appreciaie whai Courcii does, wouid ask Cour��ii `lG CUIiSIG@i i1i0�2iuiiull`I vIl CriO��iill9 GCiWn
trees until the tree ordinance is adopted, City of Houston has received fines of$250,000 from the treescape
project with one person working for the protection of trees and would encourage the City to look at all aspects
of the tree issues.
Mayur Brizendine stated he appreciates the comments made tonight and stands behind the Tree Ordinance
Committee but would ask for a sense of urgency and possibly work for a complete day to get this completed,
he worked with Staff today to discuss ideas to get before Council, not only tree preservation but other serous
issues are being looked at, the City has failed in a number of areas and wiil work to see how he can better
�___ influence this community.
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
A report was given by the Community and Economic Development Committee Chair, Greg Crinion, who
provided a written report and stated both schoot districts are attending meetings and creating a partnership,
reported on hosting broker events, is working on holding a developers forum for feedback and communication.
C(T1P MANAGER'S REPORT
In Noverr�ber, Time Warner Cable(TWC) notified the City of its planned rate and programming changes, as is
standard procedure. A notification letter was received and also referred to an increase in the customers'
franchise fee charge that may elicit questions from residents. This increase is due to a change in Time
Warner's collection poficy; and is not the result of any change in Time Warner's franchise agreement with the
City. TWC's franchise provides for a franchise fee payment to the City based on a percentage of gross
revenues from services related to the Cable TV system, including cable subscriptions, pay-per-view, and
advertising and home shopping program revenues. Traditionafiy, TWC has only passed-thru a portion of its
franchise fee obligation directlyto its subscribers. This direct collection is through an addifional customerfee
referred to as the franchise fee line item. Beginning January 1, 2004,Time Warrierwill increase the portion of
its franchise fee payment that it collects directly from the customers. In other words, TWC is seeking
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increased collections from the franchise fee line item and decreasing the amount of their payment to the City
that they fund from other revenues. Customers will see a line item increase from $0.32 to$0.35 per month.
Former Mayor Harold Whitaker was elected and is now a member of the Galveston County Central Appraisal
District Board.
RESOLUTION
**Councilmember Measeles moved to approve Resolution No. R2004-02—A Resolution of the City Council of
the City of Friendswood, Texas, estabfishing and adopting the Mission Statement, Strategic Goals, Council
Committee Relationship, and Council Liaison Role for the City.
Seconded by Councilmember Smith. The motion was approved unanimously.
ORDINANCE
**Councilmember Goza moved to approve the First reading of Ordinance No.T2004-01, an Ordinance of the
City of Friendswood, 7exas, amending Ordinance No. 84-15, said Ordinance No. 84-15 being the Zoning
Ordinance of the City, and amending Ordinance No. 2000-7, said Ordinance granting a Specific Use Permit to
David Offenburger to allow Office.Uses on a 0.3587 acre tract of land out of lot 21 of the Hoidale and.Coffman
Subdivision out of the Perry and Austin League Abstract No. 2 in Galveston County,Texas, located at 402 E.
Edgewood within the City of Friendswood; by amending said Specific Use Permit by allowing the use of the
land for Professional, Medical, Dental, and Optometry Uses,and imposing certain conditions; providing for the
amendment of the Official Zoning Map; providing a penalty in an amount not to exceed$2,000 for each day of
violation af any provision he�eof; and providing for severability.
Seconded by Councilmember Smith: The motion was approved unanimously.
COhISENT AGENDA
*�Councilmember Kimmel moved to approve the Consent Agenda as presented. A. Payment of Capital
Projects— 1. Longwood Park Utility Improvements with total payments in the amount of$111,233.07 which
includes payment to Remington Support Services, Inc.,for testing services in the amoun#of$393.13. To date,
39 percent of the contract has been expended. Ratify payment to Friendswood Firewood Company for brush _.
clearing services in the amount of$800.00. To date, 89 percent of the contract has been expended. Payment
to Pennstar, Inc., for construction services in the amount of $115,831.52 less retainage in the amount of
�5,791.53. To dat2, 73 percer;of ihe ccnir��;has�een expe�d��!. 2. Su^mead::�v�Jra�r,age with paymen±in
the amount of $12,309.00 to Claunch & Miller, Inc., for engineering services. To date, 55 percent of the
contract has been expended. 3. Annalea/Kingspark-Whitehall Drainage with payment in the amount of
$1,00O.00to,Coastall"esting Laboratories, Inc., fortesting services. Todate, 100 percentofthecontracthas
been expended. 4. Brittany Bay Blvd Extension with payment in the amount of $1,352.74 to Freese and
Nichols, Inc., for engineering services. To date, ,42 percent of the contract has been expended. 5.
Friendswood Link-Whittier Oaks Force Main Replacements with total payments in the amount of�5,180.00
which includes paymentto C.L. Davis&Company forsurveying services in the amountof$1,220. To date, 92
percent o�the contract has been expended. Payment to SCL Engineering for engineering services in the
amounf of $3,960. To date, 9'f percent of the contract has been expended. 6. Friendswood Link Road
Engineering Study with payment in the amount of $26,635.06 to Claunch & Miller, Inc., for engineering
services. To date, 52 percent of the confract has been expended. 7.Woodlawn/W. Shadowbend Paving with
payment in the amount of$2,381.63 to Freese&Nichols, Inc., for engineering services. To date, 1.70.percent
of the contract has been expended. 8. Public Safety Facility with payment in the amount of $1,700.00 to
Coastai Testing Laboratories, fnc., for testing services. To date, 100 per.cent of the contract has been
expended. 9. San Joaquin Gravity Sewer with total payments in the amount of�295,928.60 which includes
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payment to Huff & Mitchell, Inc., for construction services in the amount of$80,974.80 less retainage in the
amount of $4,048.74 and payment to Huff & Mitchell, Inc., for construction services in the amount of
$230,528.99 less retainage in the amount of $11,526.45. To date, 50 percent of the contract has been
expended: Total payments were $457,720.10. B.Approve the disposal of City Vehicles at Public Auction. C.
---- Approve Resolution R2004-01, A Resolution of the City Council of the City of Friendswood,Texas, authorizing
the Friendswood Police Department to use Unmarked Vehicles in order to facilitate Police Undercover work
and other official duties of the Police Department. D.Approve acceptance of Utility Easement at Cedarwood
Cove. E. Approve amendment to permit with Gulf Coast Waste Disposal Authority for Blackhawk Wastewater
Treatment Plant and authorize the Mayor to sign.the agreement. F. Approve Minutes of December 8 and
Decernber 15, 2003 Meetings.
Seconded by Councilmember Ericsson. The motion was approved unanimously.
A motion was made and approved 'to adjourn at 7:45 PM.
�
Mayor Kimball W. Brizendin
Attest:
,.
Deloris McKenzie, TRMC
City Secretary