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Home My WebLink AboutCC Minutes 2004-05-17 Regular 05/17/04 2159 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( MP,Y 17, 2004 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, MAY 17, 2004 AT 5:00 PM AT FRIENDSWOOD CfTY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD,TEY.AS,WITH THE FOLLOV1/1NG PP.ESENT CONSTITUTINGA __ QUORUM: MAYOR KIM BRIZENDINE MAYOR PRO-TEM JERRY ERICSSON �pi iniCii nnEMBER LAURA EVI�ING COUNCILMEMBER TRACY GOZA COUNCILMEMBER DAVID J. H. SMITH COUNCILMEMBER SHANNON KIMMEL COUNCILMEMBER MEL MEASELES CITY ATTORNEY JOHN OLSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE iviayor Brizendine caiieci tne meeting to order. 5:00 PM —SPECIAL SESSION Discussion was held regarding Governance and addressed "ends" statements or goals the Council has identified as important to the quality of life in the City. City Manager Ron Cox reported on the Governance Agenda To-Do List to accomplish the Governance process by developing a consistent format to be used, presented a format with Introduction of the Governance Process, explained the process with Subject Overview, Public Comment, Council Dialogue to develop draft policy,Adoption(or revision of ends/outcomes, The Format — Worksession Agenda, Governance Agenda, What is a Governance Agenda Item, Regular Agenda, Consent Agenda and Summary or Conclusion and provided a definition of three basic types of information, Decis.ion Information, monitoring information and incidental information as defined by John __. Carver, 1997 from BOARDS THAT MAKE A DIFFERENCE, discussed the need to set a date for a Retreat to develop and refine Policy End Statements and prioritize the list Policy End Statements, recommended standard terms, Policy End Statements, Goals and Objectives, Action Plans and Performance Measures. Governance for Agenda items will focus on broad policy issues fihat meet three pre-determined criteria, with some examples being Whitcomb Property, 4B Sales Tax Issue, Wet/Dry and Non-Conforming Use, Governance Agenda Format will follow Subject Overview, Public Comment or outside authority, Council Dialogue to develop draft policy and adoption (or revision) policy end statement/goal, and discussed planning for r�ext sfeps which are a Retreat on Policy Ends and coniinue Govei nance Agenda Worksession on 60 day objectives. City Manager Ron Cox stated that recently there had been some ques�ions about what constitutes deliberation, as it relates to e-mail and otherwritten and verbal communication. In addition, there have been questions about what written correspondence should be kept as official documents, subject to the Open Records Act. City Secrefary Deloris McKenzie gave a presenfation on regulations and procedures for electronic documents and e-mail that is subject to the Open Records Act. City Atforney John Ofson provided information regarding 05/17/04 2160 the established procedures and deliberation. A future workshop wi�l be held for additional information. 6:00 PM —EXECUTfVE SESSION Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.071 -Consuitation with Attorney concerning pending or contemplated litigation; a settlement offer; or a matter in which the duty of the Attorney requires it and Section 551.074— Personnel Matters. Council convened into Regular Session at 7:00 pm with no action taken. 7:00 PM — REGULAR SESSION The fnvocation was given by Pastor Jim Nelson from Church of the Good Shepherd. Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas. JOINT DOCKETED PUBLIC HEARING � Mayor Brizendine and Acting Chair of the Planning and Zoning Commission Jim Gibson called a Joint Docketed Public Hearing to order to receive comments from the public; either oral or written, regarding amendments to the Zoning Ordinance with a request for a Zone Classification change for 2.754 acres, and i.432 acres, iraci ane an� iraci iwo aiong FPJi 528, Suuii� oi Ciiani�,ionsi�ip voii, vaiVESiui'i COuiliy, Texas, from Single Family Residential (SFR) to Community Shopping Center{CSC). Tom Imber, 523 Old Course Drive, stated he is the owner and lives on Old Course in Sunmeadow, requesting rezoning designation that is the same as the adjacent property where Championship Goif Driving Range is located, for future development, nothing is planned at this time. John LeCour, 110 Canal Drive, stated he is there to speak against the zorie change, this is the green area between the residential and the commercial property, could be sold as residential and is opposed to the change to commercial, ieave as residential or at least see some plans for this property, and is asking that this request be denied. � Richard Drake, 3023 Mandale Road, stated he backs up to the property and if green space is eliminated he will be looking at commercial, if approved there could be anything for this zoning, if big trees are gone the lights from the fields will spill over into yards and presented a list of six people opposing this request. Varie Cameron, 3004 W. Parkwood, stated she backs up to the property and is opposed until she knows exactly what will be p(anned, the property is an eyesore, and that she used to mow this property. Fred Krch, 209 Dawn, stated odors from fobd establishments can be very offensive and should be considered wifh this request. Tom Imber, 523 Old Course Drive, stated he is a new neighbor as he has bought the property on Canal and Mandale and plans to buifd his residence there, no way is he going to build something there that wouid be offensive, is not going to do anything that would make the property value go down. The Joint Docketed Public Hearing was adjourned at 7:18 PM. 05/17/04 2161 COMMUNICATIONS FROM THE PUBLIC Lonnie Moffitt, 1205 West Edgewood, addressed Council and stated what a ride fhis has been running for City Council, appreciates the opportunity and great privilege to have the opportunity to run, has a grave concern about the low voter turnout, especially in Harris County with 58 voters voting on Election Day, it was fun, interesting and has learned a lot, would like to offer himself to this Councii and to this community, fhanked those that supported him and thanked David Smith for a great campaign. — Fred Krch,209 Dawn, addressed Council and stated he has lived in Friendswood for 40 years and wanted to address Lake Windemere which the City has owned since 1993, presented pictures of the lake, read a letter regarding responses to some questions that Jon Branson, Director of Community Services has provided, expressed concerns regarding the responses, most specifically the safety factor and the "No Fishing" requirements, stafed he is a registered professional Engineer in the Stafe of Texas and has for severai years been extensively involved in all aspects of safety and environmental engineering projects for both the private and governmental sectors, asked what is the real estate value of the property for development of residential, and would like to know who swayed the board to sell the property. CITY MANAGER'S REPORT The City employees have begun to determine ways they can be more productive in theirjob. One way is to be healthier both on and off the job. A healthy body and mind makes for a happier more productive emnloyee. iviai iy orgai iizdiiui is ai e ii ivesiii i� ii� ii�eir ernpioyees' ��ealth ny supporting weiiness progr�ms. i approved a Wellness Program, which demonstrated support of and in harmony with national, state, and local leaders. Wellness programs demonstrate that leaders have a vision for a sense of community with a dedication to employees' health. Research indicates that wellness programs benefit organizations by reducing turnover, increasing employees'opinion of health packages, and increasing motivation toward work and health. Toward that end, the Wellness Committee, a committee of interested employees from various departments, sponsored a Wellness Tournament. The tournament was open to any City employee. Through a software prograrn made available for this purpose, employees kept track of any activity that would be counted toward improving their wellness. These activities could include reading a book about proper diet, to documenting exercise programs. There were 70 participants and prizes were given to those who qualified with a certain number of points. A luncheon was held May 12 honoring those who went through fhe process. .__ ACTION ITEMS **Councilmember Ericsson moved to concur with the Mayor's Appointments/Reappointments to the Planning & Zoning Commission and appointed Roy Klusendorf to an unexpired ierm ending July 2005 and Sharon Weesner to an unexpired term ending July 2006. Seconded by Councilmember Measeles. The motion was approved 6-1 with Councilmember Kimmel opposed. RESOLUTION **Councilmember Measeles moved to approve Resolution No. R2004-09-A Resolution of the City Council of the City of Friendswood,Texas authorizing the Application for Funding through the Houston-Galveston Area Council for Fiscal Year 2005 Solid Waste Management Implementation Grant Program. Seconded by Councilmember Kimmel. The mo"tion was approved uranimously. 05/17/04 2162 CONSENT AGENDA **Councilmember Ewing moved to approve the Consent Agenda as presented. A. Payment of Capital Projects— 1. Centennial Park Completion (Bond Issue) with payment in the amount of$12,084.59 to Nall, Barnum & Lucchesi Architects for construction documents. To date, 94 percent of the contract has been expended. 2. Woodlawn/Shadowbend Street & Drainage (Bond Issue) with payment in the amount of $36,287.23 to Freese & Nichols, Inc., for design services. To date, 84 percent of the contracf has been expended. 3. Asphalt Street Program 2003—2004(General Fund)with payment in the amount of$94,541.14 less retainage in the amount of $4,727.06 to Main Lane industries for construction services. To date, 66 percent of the contract has been expended. 4. San Joaquin Gravity Sanitary Sewer (Water & Sewer Bond Issue)with payment in the amount of$36,350.00 less retainage in the amount of$1,817.50 to Huff&Mitchefl, Inc., for construction services. To date, 93 percent of the contract has been expended. 5. Contractor Inspector for multiple projects (Gen. Fund, Bond Issue, W/S Fund) to ratify payment of $2,250 'to Shailer VIi1SOflhBiEf i0i co��tract services fro�� Apr{ 12 — A�ril 28. T�c IiiVOiCc iS uaic^u 4i 13/0-^+ 8��d was paid C�1 5/10/04. To date, 3 percent of the contract has been expended. Ratify payment of $1,337.50 to Shailer Vinsonhaler for contract services from April 28 — May 7. To date 6 percent of the contract has been expended. 6. Whitaker Driue Construction (General Fund) with payment in the amount of $1,951.50 to DeAnda Engineering, Inc., for preparation of construction pfans for 600 linear feet of roadway, south of FM 528. To date, 88 percent of the contract has been expended. 7. Annalea/Kingspark/Whitehall Drainage (Bond Issue)with payment in the amount of$11,814.01 to Lockwood Andrews & Newman, Inc., for design services. To date, 87 percent of the contract has been expended. 8. Longwood Park Utility Conversion (V4'ate�&Sewer Bcrd lsSU°�_r';±h fira! p2y m°nt in th??!T"?OU!?t Of�'I F,�?F,gF pi��the retainage in the amount of$36,162.45 to Nennstar Tor construction services. I o date, 10U perceni oi ihe con'trac't has been expendea. Total payments were$241,760.81. B,,Award of Bid and Contracf for Bid No.2004-05 and authorize tlie Mayor to execute ail documents with May Recreation Equipment Company for Playground equipment for Leavesley Park and Old City Park. C. Approve acceptance of streets, drainage, and utilities for Friendswood Oaks Section I, and waterline improvements for Ashford Village Phase I I for the contractor's one-year maintenance period. D.Approval of Apri�, 2004 Property Tax Report. E.Approve minutes of April 19 Regular Meeting, May 3, 2004 Special Meeting and May 3, 2004 Regular Meeting. Seconded by Councilmember Kimmel. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCfLMEMBERS Councilmember Measeles attended the Clear Creek Steering Committee meeting, the Galveston County " Mayor and Council meefing with Pat Murray from Coastal Conservation as the speaker, May 13 attended the Trust for Public Land with the speaker being Bob Henley with the Corps of Engineers, discussed Ecosystem restoration, and May 14 attended the Ellington Field Master Plan meeting. Counciimember Kimmel stated congratulations to Councilmember Measeles on his landslide victory and congratulations to Councilmember Smith on his gallant effort.to be elected, and thanked Lonnie Moffitt for stepping up for his candidacy as a Councilmember,offered congratulations to former Mayor Harold Whitaker for nis election to the Galveston County Consolidated Drainage District and wiil serve us well, reporied on some rhetoric put out recently which was divisive and will be dealt with lafer and it is shamefuf in the election process. Counci(member Smifh fhanked his opponent in the recenf elecfion, stated his opponent showed infegrity and thanked him for the outstanding campaign he ran, attended a Homeowner's Association meeting in The Forest with representatives from Staff, thanked the Police Departmert and Police Chief \Nieners for recognition of Officers Lisa Voyles and Judy Pree. 05/17%04 2163 Councilmember Goza congratulated Mel Measeles, David Smiih, Harold Whitaker and Lonnie Moffitt, stated this was a clean race and appreciated all candidates, attended several meetings and has submitted a report. Councilmember Ericsson reported on fhe National Keep It Sold program which was held a couple of weeks ago and for the first time he did not attend and also reported on the support efforts by Bay Area Partnership to keep Ellington, reported on the Gaiveston County Mayor and Council Meeting held last week and reported Galveston will sponsor in the meeting in July, serves on Houston-Galveston Area Council Audit Committee and reported Houston-Galveston Area Council has a clean report and the board meets tomorrow. Councilmernber Ewing reported that she attended some interesting meetings, attended an Islamic meeting on Milad an Nabi at the Ismaili Jamatkhana and Center yesterday in Sugarland, which is an Islamic group who is working for peace and harmony since 9/11, reported there were other educators including special guest Jo Beth Brizendine; the Mayor's wife; and the new Mayor of Houston BiII White attendina. Only three cities were represented and I met some very important leaders, thank you to the Parks and Recreation Department for Concerts in the Park, attended the Prayer Breakfast, gave commencement address for the Texas School of Business, reported on graduate Ashley �reitag, who works in the City Secretary's office and is very efficient and has the right spirit and is a talented young lady, all employees of the City Secretary's office and former Councilmember Kitten Brizendine attended her graduation,Ashley is a very talented young iady, reported on the recent Cancer Walk For Life and presented a certificate to the Mayor for Friendswood's participation in the event. nnu�nr Rr��onrl�na�rl�nn�nilor�Iyoul('n�in�ilmomhor(,n��'c��i�fo tlim�:ih��rorn�ionnn fr�m m�inr hyrL Si irnoni ��y � ��. �.��.. � and wishes her fhe best, acknowledged Police Department recognitions received and continues, as other departments, to be recognized regionally and at a state level, recognized Council candidate Lonnie Moffitt and stated it is good to attract good honest people with a good heart and everyone honors him tonight, offered congratulations to re-elected Councilmembers Measeles and Smith and other candidates, attended the Friendswood Independent School District Academic Banquet last Thursday and will do the same at Clear Creek Independent School District this Thursday, there is a new program to have a Mayoral Forum here Thursday with a luncheon and meeting with past Mayors such as former Mayors Harold Whitaker and Evelyn Newman, read to Westwood Elementary last Friday and presented a proclamation, attended the Prayer Breakfast, on Saturday will be attending the State Challenger Tournament in Baytown for specially challenged children from Friendswood and surrounding areas, and announced that the FM 518 Mobility Plan Meeting will be held at City Hall tomorrow af 5:30 PM. A motion was made and approved to adjourn at 7:55 PM. f //////_ ' 'f `� r J "�� 4•� �� I � � .�I J , 1 � ,f � ��. ..�.L'�I Mayor Kimball W. Brizendine Attest: S �Zlo ' D loris McKenzie, TRMC City Secretary