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HomeMy WebLinkAboutCC Minutes 2004-06-21 Regular 06/21/04 2177 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( JUNE 21, 2004 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CfTY COUNCIL THAT WAS HELD ON MONDAY, JUNE 21, 2Q04 AT 4:30 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD,TEXAS,WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR KIM BRIZENDINE MAYOR PRO-TEM JERRY ERICSSON COUNCILMEMBER LAURA EWING COUNCILMEMBER TRACY GOZA COUNCILMEMBER DAVID J. H. SMITH COUNCILMEMBER MEL MEASELES CITY ATTORNEY LOREN SMITH CITY MANAGER RON COX RECORDS SPECIALIST MELINDA K. WELSH Councilrnember Shannon Kimmel and City Secretary Deloris McKenzie were absent from the meeting. 4:30 PM—SPECIAL SESSION Mayor Brizendine called the meeting to order. Discussion was held regarding Governance in regards to Rules of Procedure and Code of Ethics. City Manager Ron Cox made a presentation on proposed changes to the Rules of Procedure and outlined those proposed changes, clarified certain rules already in place such as speakers not needing to sign a card to speak and Council can speak at a Public Hearing. Mayor does not support Council speaking at Public Hearings, Councilmember Ericsson agrees but does not want to tell someone they cannot speak, Mayor asked if a Councilmember can remove himself from the dais and speak from the podium as a citizen and still be able to vote on it later,Alison Holland from the City Attorney's office and City Attorney Loren Smith will look at the constitutionality of this item. Lengthy discussion took place between Council and City Manager on all other items. Councilmember Ewing stated that the City Manager Report's should be at the beginning since he �-- gives out awards, presentations, etc., and Councilmember Smith agreed. Councilmember Measeles stated he felt that Mayor and Council Reports should stay at the beginning of agenda and Mayor Brizendine stated that he would like to keep the City Manager Report at the beginning of the agenda and have Mayor and Councii Reports moved to the end. It was decided that Communications from the Mayor and Councilmembers will move to end of agenda and City Manager's Report will stay where it is. Code of Ethics changes-Section 9.05—Use of Official Title—City Manager stated that khe word Officer needs to be redefined and add a new Section 9.05 called Use of Official title and Definition of Officer of Citv — Lengthy discussion took place regarding the definition of Officer of the City and the Mayor stated that Staff needs to get some language developed and discuss it in another Workshop. Councilmember Goza stated he disagrees with the rules regarding compensated/uncompensated officials and the rules should be the same for both. A discussion was held regarding the status of Capital Improvement Projects. Administrative Services Director Roger Roecker made a presentatior� on the Five Year Plan for Water Projects, presented information on the purchase of additional surface water, Five Year Plan for Sewer Projects, priorities and funding requirements, water and sewer utilities—baseline cash flow projections,water utility—cash flow projections with new debt, sewer utility—cash flow projections with new debt, discussed the next steps which would be to take care of the sewer utility, a rate adjustment is needed to make this utility support its operations, review our current billing method -Winter Quarter Average and look at the impact of switching to a"consumption-based" sewer rate, 06/21/04 2178 example would be to base sewer billing on 70% of water consumption. City Manager, Mayor and Council, Public Works Director Mike Hodge, and Administrative Services Director Roger Roecker discussed the priority of the projects, the five-year plan �nd the City Manager tall<ed about the high priority of purchasing water. Cindy Edge said most sewer bills are around$17-$20 a month. Roger discussed increasing sewer rates and reconfiguring how the amount is figured. Councilmember Smith asked and Roger Roecker answered that this is a small percentage of our overall budget. Mr. Roecker and the.Mayor discussed staging the sewer rate increase as opposed to increasing all at once. A discussion was held regarding 1:he Friendswood Volunteer Fire Department's contract with the City of Friendswood. Friendswood Volunteer Fire Department President Rick McFee, President of the Friendswood Volunteer Fire Department, gave � PowerPoint presentation of 2003 activities that was presented at their recent annual awards banquet for Councilmembers who were not able to attend. Another presentation was given on the contract for the Friendswood Volunteer Fire Department and Mr. McFee explained items for financial management, quarterly payments, fee per run of $10, potential fee for service, equipment and buildings, reporting criteria, insurances, financial impacts and transfer of funds, timeline for implementation and gave a cost analysis. A question and answer session took place between Council, City Manager and Mr. McFee regarding building repairs and responsibility ofwho pays for repairs, discussed how often the Volunteer Fire Department employees would be evaluated since there is a quarterly aspect to the contract. Several Councilmembers thanked the Fire Department for all their hard work and the City Manager stated this item could be presented to Council and voted on at the July 12, 2004 Council meeting. 7:00 PM — REGULAR SESSION The Invocation was given by City Manager Ron Cox. Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas. JOINT DOCKETED PUBLIC HEAIRING Mayor Brizendine and Chair of the Planning and Zoning Commission Bob Bertrand 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 138.069 acres located at 3118 FM 528 and Clear Creek, known as the Whitcomb Property from (SFR) Single Family Residential (SFR) to Planned Unit Development-Mixed Use (PUD-Mixed Use). Richard Browne, 15 Harbor Cove Drive, Woodlands,Texas, stated he is the applicant and helped develop the Woodlands, gave a presenfation ori this project and stated strip centers are no longer being built and further stated these types of developments are going toward Mixed Use Centers. Councilmember Ewing asked where Polly Ranch is in relation to the development and Mr. Browne answered showing where it was on a map he had displayed. Ron McPherson, Superintendent of Clear Creek Independent School District, stated CCISD needs to be involved with what happens to Blackhawk since it goes through one of the school properties and is very pro- economic development. He further stated he is for this zone change. Kevin Hart, 907 Remington Court, spoke about the future of downtown development and retention ponds that take up 1/3 of the property fhat will have to be put in with any development, understands that this development does not have to have retention and the new Sonic does with an opaque fence, would like Council to look at this since it will look horrible if you put fences up on all the new development. He further stated he is neither for or against this zone change. Sharon Delp, 705 Leisure Lane, stated she is not sure if she is in favor of this change or not but is concerned abo.ut flooding with this new develapment and asked if there had been studies regarding drainage. 06/21/04 2179 Per the Mayor's request, Planning and Zoning Commission Chair Bob Bertrand gave an explanation of the zoning application process. Steve Elsner, 650 Oak Drive, said he is for economic development but is concerned about flooding and needs more information about what they are going to do with runoff water. The Corp of Engineers at one time had proposed a channel right through the Whitcomb property and has that plan changed, creek bank erosion is a concern, noise from the amphitheater, enjoys nature and wildlife and is concerned that this will be threatened with this development. ___. Jon Johnson, 703 Oak Drive, said he applauds the fact that they will keep the 200 ft. buffer because he would like his kids to enjoy the nature and wildlife and asked if the approval is based on design or not. Would like to see how this fits in.with the Corp of Engineers current plan. A marina will require dredging and excavation,will sediment and pollution be a problem and is curious about the drainage study. Planning and Zoning Commission Chair Bob Bertrand stated if there are any major changes the applicant would have to come before them again, suggested Mr. Johnson speak to City Planner Diana Steelquist.. M�. Browne stated flooding happens along Clear Creek and the Corp of Engineers trying to straighten the creek has been done away with, there will be no buiidings built below the 100 year flood plain, there will be no adverse affects above or below the creek because of this development, a hydrology study was done and found that this area does not require detention since it would make flooding worse. The marina excavation and construction will require sediment cantrol and will be environmentally friendly. The pavilion will be acoustically accurate so it will be okay, there is also a decibel limit, does not want to be a nuisance or an eyesore and wants to be an asset and a role:model so others cities can ask for one in their town. Hearing no further comments, the Joint Docketed Public Hearing was closed. CQM14rIUNIGATIONS FRQM THE FUBLIC Brent Goswick with Friendswood C;hamber of Commerce spoke about the "Shop Local" program being implemented and introduced Chamber President Carol Jones, Wendy Cepak, Greg Crinion, and other members from the Chamber and showed the banner being proposed for approval tonight and showed bumper stickers representing the "Shop Local" theme. COMMUNICATIONS FROM COMAIIITTEES �AND SPECIAL REPORT'S. Senior Citizens Advisory Committee Representative, Sharon Richardson gave the Committee's annual report and reported on trips, activities, classes and events and also on future trips, activities, classes and events, discussed volunteers who offer their time and effort, acknowledged the City of Friendswood, Greg Jeter, Friendswood Police Officer's Association, Pete Garcia from Sonic, Knights of Columbus, Joe DeBonis, Sally Branson of Edward Jones, Mickey Albritton's Soil Yard and Corey Kirkland of Cornerstone Maintenance. Senior Program Manager Kristine Schaffner introduced Senior Citizens Advisory Committee members Sharon Richardson, Ginger Spade, Frankie Santoro, Sy Pate and Betty Nevel who is a regular at the Senior Center. Recreation Goordinator Chuck Jennings presented a check for$4339 to Bob and Gay Smitherwith the Laura Recovery Center Foundation from the 2003 Holiday Hustle Fun Run. Mr.Jennings thanked donors Hometown Bank of Friendswood, Cornerstone Maintenance, Wal-Mart Foundation, Altered images, Chase Bank, Jennings Family, Goza Family with Lingo Properties, Pasta Co., First Community Bank, Cagle Plumbing, Moody National Bank, and Farmer's Insurance. Bob Smither spoke and invited Council to participate in the 5K Fun Run this year and thanked everyone for their support. CITY MANAGER'S REPORT City Manager Ron Cox stated he had no report. 06/21/04 2180 ORDINANCES '�*Councilmember Goza moved to table the First reading of Ordinance No.T2004-07,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 19`h day of November, 1984,and being the Zoning Ordinance of the City, by deleting therefrom all of Sec;tion 7.5 and substituting therefore a new Section 7.5: providing screening and barrier, architectural, and tree planting requirements for the Downtown Overlay District; providing a penalty of an amount not.to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. (Previously tabled March 1 & May 3, 2004) Seconded by Councilmember Measeles. The mofion was approved 6-0. *'`Councilmember Smith moved to table the First reading of Ordinance No.T2004-08, 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 19'"day of November, 1984,and being the Zoning Ordinance of the City, by deleting from Subsection R of Section 7 thereof all of Paragraphs 5, 6, 8, and 9 and substituting therefore new Paragraphs 5, 6, 8, and 9; providing screening and barrier, architectural, and tree planting requirements for the Entryway Overlay District; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. (Previously tabled March 1 &May 3, 2004) Seconded by Councilmember Ericsson. The motion was approved 6-0. "*Councilmember Measeles moved to approve the Second and Final Reading of Ordinance T2004-Q9, 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 2.754 acre tract of land and a certain.1.432 acre tract of land from Single-Family Residentiai(SFR)to Community Shopping Center(CSC), such tracts being situated along FM 528, South of Championship Golf-Tract one, Section 5 and tract two, Section two, Galveston County, Texas, and within the City Limits of the City; providing for the amendment of the City's Official Zoning Map; repealing all other Ordinances or parts of Ordinances inconsistent or in conflict herewith; providing for severability; and providing a penalty in an amount not to exceed$2,000 for each day of violation of any provision hereof. Seconded by Councilmember Smith. The motion was approved 6-0. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Ewing reported she attended the TML Region ,14 Spring Workshop held last week which was very nice, attended Prayer Breakfast on Saturday, reminded Council they were invited to serve and honor the Senior volunteers tomorrow at a luncheon at the Activity Center from 11:00 AM— 1:00 PM and should be a nice time and a nice meal and thank those who help with this program. Councilmember Ericsson reported he attended the Houston-Galveston Area Council meeting where he chairs the Audit committee meeting and reported their budget was passed. Councilmember Goza stated he had no report. Councilmember Smith reported he attended the Sunmeadow Homeowner's Association meeting and itwas a good meeting with a significant amount of help from Staff. Councilmember Measeles stated he had no report. ' Mayor Brizendine reported that he recently spoke at the Community Prayer Breakfast on Saturday morning, thanked those persons who support this group with sacrificial love and giving, group is comprised of 17 churches and supports with prayer and counseling, gave them the first Community Spirit award at this meeting, reported he will give this award away on a monthly basis, after identifying with the help from Staff, those various invisible volunfeers who deserve recognition. 06/21/04 2181 CONSENT AGENDA '`"`Councilmember Smith moved to approve the ConsentAgenda as presented. A. Payment of Capital Projects - 1. Centennial Park Project(General Fund)with payment in the amount of$6,642.23 to Hall Barnum Lucchesi Architects for architectural services. To date, 96 percent of the contract has been expended. 2. Public Safety Building — Phase 1 (Bond Fund)with payment in the amount of$3,985.00 to Randall-Porterfield Architects, Inc.,for consultant services. To date, 10 percent of the contract has been expended. 3. Contractor Inspector for Multiple Projects with payment to Shailer Vinsonhaler for contract services from May 22 to May 28, 2004 ___, for$1000 (Fund—General Fund $625.00 Water/Sewer Fund �375.00). To date, 10 percent of the contract has been expended. Another payment to Shailer Vinsonhaler for contract services from May 29 to June 4, 2004 for$775(Fund—General Fund$750.00 Water/Sewer Fund $25.00)To date, 12 percent of the contract has been expended. 4. Whitaker Drive (General Fund) with payment in the amount of $22,554.50 less $1,127.73 withheld for retainage to Qrandt Construction, LLC, for construction services. To date, 15 percent of the contract has been expended. 5.Annalea/Kingspark/Whitehall Drainage (Bond Fund)with payment in the amount of$300 to Gulf Coast Trees for transplant of trees. To date, 43 percent of the contract has been expended. 6. San Joaquin Estates Gravity Sewer(Bond Fund)with payment in the amount of$1,100 to Gulf Coast Trees for tree replacement. To date, 100 percent of the contract has been expended. Payment in the amouni of $35,220.00, less retainage of$1,i 61, plus reiainage paid in ihe amount oi $20,000 io riuif and Mitchell, Inc., for construction services. To date, 99 percent of the contract has been expended. 7. Brittany Bay Boulevard Extension (General Fund) with payment in the amount of$5,320.38 to Freese & Nichols for engineering services. TxDOT will reimburse the City $4,256.30 of this payment. To.date, 9 percent of the contract has been expended. 8. Public Works Vehicle Storage Building (Water/Sewer Fund)with payment in the amount of$433.25 to Paradigm Consultants, Inc., for construction materials testing service. To date, 19 percent of the contract has been expended. 9. Woodlawn-Shadowbend Drainage(E3ond Fund)with payment in the amount of$8,374.64 to Freese & Nichols, Inc., for engineering services. To date, 90 percent of the contract has been expended. 10. Friendswood Little League (General Fund)with payment in the amount of $11,870.54 to Friendswood Little League for construction of the new concession stand at Renwick Park. To date, 100 percent of the contract has been expended. Totaf payments were$114,686.81. B.Award of Bids and Contracts and authorize the Mayor to execute all documents: 1. Bid No.2004-07 and approval of Contract with Frost Constructors, Inc. for Centennial Park Project. 2. Approve contract with Dynix Corporation for Library Hardware and Software upgrade. C.Approve Banner Permit Application for Chamber of Commerce for"Shop Local" Campaign. D. Approve Property Tax Report for May 2004. Seconded by Councilmember Ewing. The motion was approved unanimously. _._. A motion was made and approved to adjourn at 8:08 PM. � �p �} _ L...-►r—.,.�t,�) �i \ � �...�-----� Mayor Kimball W. Brizendin Attest: . � � D oris McKenzie, TRMC City Secretary