HomeMy WebLinkAboutCC Minutes 2004-07-12 Regular 07/12/04 2183
STATE OF TEXAS )(
CfTY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
JULY 12, 2004 )(
MINUTES OF A REGULAR MEETI��G OF THE FRIENDSWOOD CfTY COUNCIL THAT WAS HELD ON
MONDAY, JULY 12, 2004 AT 5:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS; 910 S.
FRIENDSWOOD DRIVE, FRIENDSWOOD,TEXAS,WITH THE FOLLOWING PRESENT CONSTITUTING A
QUORUM:
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
CITY SECRETARY DELORIS MCKENZIE
Mayor Brizendine and Councilmember Shannon Kimmel were absent from the meeting.
5:00 PM —SPECIAL SE�SION
Discussion was held regarding Governance in .regards to the Code of Ethics. Discussed leaving all
committees listed in policy, Councilmember Goza stated to leave as is, Councilmember Ericsson stated he
feels it should be left as proposed, discussion included who to include as officers, as proposed anyone listed
would not be able to participate in the campaign process, leave, all boards should be included, donation
requirement should apply to employers, Councilmember Ericsson stated to separate out officers from other
boards which could allow other boards to contribute to campaigns but still have free speech, Councilmember
Measeles suggested to query and get input from fhe committees, Councilmember Smith stated where do you
'--' draw the iine,you could be very definitive but what is the difference, Councilmember Ericsson stated he does
not think it should be prohibitive, something fo think about, Counciimember Ewing suggested this be placed on
the committee agendas over the next month, Counciimember Ericsson stated he thinks there should be more
information received before considering giving to the committee and discussed not using official title when not
authorized to do so, would prohibit members from using their title in official capacity which would include
Councilmembers, could write as citizens, Councilmember Smith sfated that would that inciude the Mayor's
office as well, City Manager Ron Cox stated this is consistent with the Governance as speaking with one
voice, Councilmember Ericsson suggesfed i� be brought back for furfher discussion.
Discussion was held regarding Capital Improvemenf Projects/Water and Sewer Funding. City Manager Ron
Cox provided background information and a previous presentation and then turned it over te Capital Projects
Coordinator Skipper Jones who provided a PowerPoinf presentation update on the projects. Administrative
Services Director Roger Roecker reviewed funding sources and stated Skipper Jones salary will not fund
everything needed, gave an outline of the information and discussed next steps, gain consensus on schedule
of water and sewer projects for a 5-year period, revise utility financial projects, adjust ufili'ry rafes as needed,
develop schedule to issue revenue bonds, rztes musf be in place 60 days prior fo issuing bonds.
Councilmember Ericsson stafed there should be Council consensus on all projects, bring adjusted rates to
suppori fhese projects, look af anyone having two water meiers, apartmenis with single meter for whole
projects, overriding sewer plan is not to adopf strafegy that water amounts does nof equal sewer amounts, it
will be on use,financial projects off of$28 million projects and bring back to Council, important to consider the
07/12/04 2184
cost of money is expense today, recent information on funds that fhis is medium cosf; a littie investment now
will possible save money later on. Roger Roecker stated our water rates are okay foday but there is no room
for growth, may want to fake advaniage of low rates and look at bond amounts and hold on to funds.
Discussion was held regarding autoinated Cifation Writing Software. Friendswood Police Chief Bob Wieners
gave a PowerPoinf presentafion and stated this is a joint project with fhe Police and Courts and hopefuliy with
Galveston County. Chief Wieners gave an overview of the software, background, scope of software project, -
the citafion software capabili'ties, the ci'tation software costs and next sfeps. OSSI is the vendor for the
Galveston County standardized software initiafive, standardized software advances the parfnership wifh
Galveston County; enhances inforrnation sharing and reduces administrative workload, Computer-Aided
Dispatch(CAD), Records Management System (RMS), Jail Management System(JMS),enables countywide
digital booking and(ive scan fingerprinfing protocols, Mobile ComputerApplications Software(MCT), provides
standard browser to support MCT's for in-car person, property and vehicle inquiries, standardizes aufomated
citafion writing and populates operator and vehicle information to the County database, faciiifafes data
collection for racia! �rofiling,±he soft�n�are capabilifies are tha±it uses a dri��ers!icense s�.vipe reader±o populate
information onto the citation form, it populates the violation, fine amount and court date informafion, mobile
printers will be used to print violator and court copies of the citation, citation information will be sent fo fhe
court via a wireless LAN directly from the patrol vehicle, interfaces with current Court and Police Department
records management system, populates person and vehicle information in County system, citation software
will facilitate future migration of Polic;e Department CAD/RMS/JMS, software tracks data for State mandated
racial profiling reporfing requirements, the cost and funding source are Software $42,700, Implementation
Services $19,000, Hardware$10,480, and the total is $72,180,funding source is the CourtTechnology Fund,
rext steps are ±o rrOCUrP thA ��t?t��r, cnft�ni�ra i�pr��ament nrngram in September-Ocfober 2004, evaluate
vSSi ano County software suite projecfi ciuring r='r LUU4-LUU�, �IIdKe fCCUf71lIICIIG�dll01l IGI iuii miyration in F`r'
2005-2006 budget process and reported this will hopefully cut paper workload by 66% and will be on next
meeting.
Mayor Pro-Tem Ericsson called a recess at 6:44 PM.
7:00 PM — REGULAR SESSION
The Invocafion was given by Pastor Rick Baldwin from Friendswood Community Church.
Mayor Brizendine led the Pledge of Allegiance to the Unifed States and to the State of Texas.
� COMMUNICATIONS FROM THE F'UBLIC
Charles Kelly, 603 Tall Timbers Lane, addressed Council and thanked Council for hearing this baftle; has been
a long hard battle and asked Council to take to heartthe Planning and Zoning Commission's recommendation.
Curt 5tevens, 208 Trail Bend Lane, addressed Council and thanked them for the privilege of learning the
process, is very interested in learning the impact of the Planning and Zoning Commission's recommendafions,
is looking at Councii action very closely; stated there were over 400 homes in The Foresi, commenfed
regarding having Mayor Brizendine recuse himself from vofing on this zoning matter,would appreciate Council
making the right vote.
COMMUNICATIONS FROM COMNIfTTEES AND SPECIAL REPORTS
Don Gartman, Presidenf of fhe Galveston County Economic Development Aliiance, appeared before Council
and presented the Annual Report.
07/12/04 2185
CITY MANAGER'S REPORT
City Manager Ron Cox stated he believes the 2004 Fourth of July Celebrafion on July 4 and 5 went
exceedingly well. The logistics for the programs over a two-day period were different than usual but the
programs wen:well. Many thanks are due fo the Fourfh of July Steering Committee,the Staff and many other
- volunteers for their countless hours of work to be certain this holiday was celebrated in the style we are
accusiomed.
Regarding the Clear Creek Corps Project Funding, bofh Congressmen Tom DeLay and Nick Lampson have
notified the City thaf the House of Representatives have approved the iunding ior the continuafion of the
General Evaluation and Review(GRR)for FY2005. This funding, in the amount of$1.5 million, is essenfial for
the completion of the GRR and for seeking future funds forfhe construction of the final plans for improvements
to Clear Creek. The City appreciates the work of both Congressmen for fheir support of this project and
ensuring it's funding.
Regarding the VOCA Grant Renewal, the State's Criminal Justice Division has recently reviewed the grant
application for the City of Friendswood's Crime Victim Assistance Program. The City just received notification
from the Governor's Office that the grant was approved for the year beginning July 1, 2004, in the amount of
$51,500. Award documents are currently being processed, therefore, the City should receive formal
notification of funding nexf week. This stafe funding is for the sixth consecutive year.
The C ity's contractor began work on the 1Noodlawn/Shadowbend Drainaae Proiect two weeks ago. Part of the
preparation V��nrk �A/ac fQ trim hark thc; trAOC jn fho rj�l-�± `n,f ��rp,,y ±� Fn,r�"iU° uCC°SS ?a^� CiGGI GI i�^c f^vi
consfrucfion equipment. This work v�ras met with some concerns from a few cifizens about the hazards to the
health and preservation of the trees. In order fo ensure that tf�e City was not negafively impacting the trees, it
contracted the services of an Urban Forester. He has inspected the pruning work at the project sites and has
made some recommendations with regard to future pruning being performed by a Certified Arborisf. The costs
for consultation and field work totals $3,598.
ACTION (TEMS
**Councilmember Measeles moved to approve the Mayor's recommendation for appointment of City Council
Liaisons for 2004-2005.
Seconded by Councilmember Ewing. The motion was approved 5-0.
Councilmember Goza stated he does not agree with the Homeowner's Association liaison position as it may
violate the Open Meetings Act, there is no agenda posted, does not feel one person should be commenting for
Councif. Councilmember Smith stated that Staff attends with the liaison, Councilmember Smith's role as
liaison is to listen and pay attention, most comrnents come from Staff,will see some proposed changes of role
come from Sfaff.
"*Councilmember Measeles moved to approve a negafive recommendation frc�m t"e Planning and Zoning
Commission for the zone change requesi for property on FM 2351 af Woodland Trails, and authorize an
Ordinance be draffed if deemed appropriafe.
Seconded by Councilmember Smith.
Councilrnember Measeles stated fhat he is concerned with traffic increase, negative impact on residential
properti2s adjacent, Planned Unit Development(PUD) is not appropriate, Council does listen to voters,tries to
nof do anyihing �nat would `nave a negafive impact to residents, respects the recommendafion from fhe
Planning and Zoning Commission;fully believes the best use is Commercial,would hope that Mr. Rucker and,
property owners would meet and come to an agreement, all have rights, Commercial fits in to long range plans
07/12/04 2186
to bring in more Commercial property and stated he will vote for fhe recommendafion.
Councilmember Goza sta'ted these issues seem to be site plan issues which wouid be brought to the Planning
and Zoning Commission, the sole issue is zoning and will vote against.
Councilmember Smith stated it seems to him there is two sides to a battle, would acknowledge
Councilmember Measeles commenfs and cifizens concerns,fears and worries, they were taken to heart,the
other half is the bigger picture, is an opportunify to examine, the school system is reaching capacity and need
fo consider costs associated with building new schools, how to build Commercial and not affect homeowners,
is a tough position to be in, do we sacrifice for quality of life, how fo balance funding needs, at risk due to lack
of tax diversirication, tough baftle on what to do, has to be a prudent planner for the Tuture, will have to vote
against recommendation for the future of our City.
Councilmember Ewing stated she also has very mixed emofions, has concerns with traffic and safety and on
the other hand agrees �.Nith fhe need for Commercial, wi!I vote�n�ith the Planning and Zoning Commission.
Councilmember Ericsson stated he appreciates inputfrom the Planning and Zoning Commission and the tone
of speakers, commented on Vision 2020 and the awareness of future needs, issues of traffic, egress and
ingress issues, is a very compelling point on evaluations and concerns regarding value of homes and will vote
against the recommendation.
Councilmember Smith stated he is concerned with Councilmember Measeles and Councilmember Ewing's
` ' ` F '� t fr ��' }"^��� � ^ugh inforrnatien, nas asked fnr rr,nre inf�rmation and do notfee! it
JldiCrllP.l IIJ� ICGIJ tria i'�� ui� i iv�iiav�,�.riv
nas been transmitteo as iate as ioday,wouid iike to snare inis informafion or nave additionai conversafion witn
this information and suggests they gather more information before a decision is finalized.
Cbuncilmember Ewing stated to go ahead with vote.
The mofion failed 2-3, with Councilmember Ericsson, Goza and Smith opposed.
Mayor Pro-Tem Ericsson sfate the first reading of the ordinance will probably be in August.
Councilmember Smith made a motion to accept the negative recommendation from the Planning and Zoning
Commission for amendmenf to fhe Zoning Ordinance for Cluster Home Development.
Seconded by Councilmember Goza. The motion was approved 5-0.
RE50LUTION
**Councilmember Measeles moved to approve Resolufion No. R2004-13—A Resolution of the City Council of
the City of Friendswood, Texas, Amending Resolution No. R2003-27, passed and approved the 16`h day of
June, 2003, and being a resolution adopting Rules of Procedure for the conduct of City Council Meetings, by
adding a new paragraph to Rule 4 of such procedures, by deleting tne"last paragraph of Rule 15 of such
procedures and substituting tnerefore a new last paragraph of Rule i 5;-arrd by aeleting'Rule i 6 in its entirety
and substituting therefore a new Rule 16; providing that members of Ci±y Council shall hot testify at Public
Hearings before the City Councii oi• Boards or Commissions of the City unless the subject of tha Public
Hearing relates to a matfer for which the Councilmember is required to file a Confficts Affidavit pursuant to
Chapter 171,Texas Local Government Code; providing Rules of Conductfor Members ofthe General Public
af Meetings of the Council; and providing the Order of Business for Council Meetings; and repealing all other
Resolutions or parts of Resolutions inconsistent or in conr"Iict herewith.
Seconded by Councilrriember Goza. The motion was aoproved 5-0.
07/12/04 2187
*"Councilmember Smith moved to approve Resolution No. R2004-14—A Resolution of the City Council of the
City of Friendsvvood,Texas,authorizing the Mayor to execufe and the City Secretary to aftest that certain"City
Contract for Fire, EMS, and Rescue Services for Friendswood, Texas," by and between the Cify and the
Friendswood Volunteer Fire Department, Inc., which will be effective October 1, 2004.
Seconded by Councilmember Goza. The mofion was approved 5-0.
ORDINANCES
**Councilmember Measeies moved to approve the First reading of Ordinance No. T2004-10, an Ordinance
amending the Code of Ordinances of the Cify of Friends�vood,Texas, by adding to Chapfer 50 fhereoi a new
Article III; adopting regulations governing the construction and use of Industrialized Housing and Buildings
within the City; requiring Industrialized Housing to have values equal fo or greater than the median taxable
values of Single-Family Dwellings located within five hundred feef(500') of the lots upon which Industriafized
Housing is proposed fo be located; requiring that exterior siding, roofing: roof pitch, foundation fascia, and
fenestration of Industriafized Housing be compatibie with Single-Family Dweliings iocated within five hundred
feet (500') of the lots upon which the Industrialized Housing is located; requiring compliance with Municipal
Standards, Building Setbacks, Subdivision Controls, Landscaping, Square Footage, and other site
requirements; requiring that Industrialized Housing be securely fixed to a permanent foundation; providing a
penalty of an amount not to exceed :6500 for each day of violation of any provision hereof; and providing for
severability.
Secontled by Councilmember Smith. The motion was approved 5-0.
c_:Clnn►v��i,Rt�r'n-r'�nr�� FRnnn TuF nnnvnQ n,i��n rn�in:�r,i`n:L tnQ`o�
Councilmember Ewing reoorted that she would like to offer prayers to JoBefh Brizendine and Shirley Measeles
on their upcoming surgeries, congratulations to Friendswood Police Department Captain Shari Burrows who
completed the FBI Academy, appreciates tl�e involvement of those that put on the 4`h of July exfravaganza,
thanked those involved for The Gathering, recognized the response by the City when citizens were concerned
regarding trees which are part of our heritage, thanked Staff for being proactive, attended a meeting on June
30 for the Clear Creek Watershed Eco-Tourism,attended a Community Appearance Board meeting at the end
of June, October 16 is Fall HauI-A-Day, attended the Harris County Mayor and Council meeting, most
attended the Planning and Zoning Commission meeting/Council Retreat, Senior Appreciation Luncheon and
appreciated the function and parficipation.
Councilmember Goza reporfed he attended the Community and Economic Development Cbmmittee meeting
and fhe 4"' of July celebrafion, congratulations to Rick McFee who won the Chamber of Commerce Truck
raffle, great job on the 4`�'of July festivities and reported on how City Manager Ron Cox's knee must be better
as he was on the dance floor all night.
Councilmember Smith reported that his thoughts and prayers go to JoBeth Brizendine and Shirley Measeles
and hopes their health improves, attended the Planning and Zoning Commission meefing/Council Retreat
workshop and it �.a�as fime very wefl spent, would encourage fc ccr:inue to do thes2 types of �eeti�gs,
attended fhe Plar�ning and Zoning Gommissior meefing and learned a lot, offered kudos to the 4`h of July
Steering Committee for the 4`h of July celebration and offered construcfive criticism in ihat there was not
enough floats and encouraged those to be invoived.
Councilmember Measeles reporfed he also attended most oT fhose meetings, his prayers go to JoBeth
Brizendine and stated his wife Shirley fvleaseles will be having heart surgery soon to replace a heart valve,this
was the pest 4"� or"July celebration and best Tire�nrorks ever and fhanks for all that they do.
Councilmember Ericsson reporfed he attended fhe Galveston County Mayor and Council meeting and
07/12/04 ' 2188
encouraged everyone to aitend the Harris County Mayor and Council meeting fhis Thursday.
CONSENT AGENDA
**Councilmember Goza moved to approve the Consent Agenda as presented wiEh the exception of Item E-
Accept streets, drainage and ufilifies for the contractor's one-year maintenance period for Hunters Creek
Subdivision. A. Payment of Capital Projects—1.Whitaker Drive (General Fund)with paymenf in the amount
of $993.25 to DeAnda Engineering Inc., for engineering services. To date, 99 percent of the contract has
been expended. Also with payment in the amount of$21,828.00 less fhe retainage of$1,091.40 to Brandt
Consfruction for construction services. To date, 29 percenf of the contract has been expended. 2. Public
Works Vehicle Storage Building (VVater/Sewer Fund) with payment in the amount of $28,409.00 less the
retainage of$1,420.45 to L&M Contractors Inc.for construction services. To date,24 percent of the contract
has been expended. Also with payment in the amount of $1,132.00 to Paradigm Consultanfs, Inc., for
construction materiais testing services. To date, 70 percent of the contract has been expended. 3. Renwick
Park Lighting System (General Fundl with oaymenf in the amount of$44,528.52 to Liteco Electric, Inc.; for
construcEion services. To date, 100 percent of the contract has been expended. 4. Contractor Inspector for
Multiple Projects wifh payment in fhe amount of$250 to Shailer Vinsonhalerfor contract services from June 5,
2004 to June 11, 2004. To date, 12 percent of the contract has been expended. (General Fund$225.00 Fund
—Wafer/Sewer Fund$25.00), payment in the amount of$400 to Shailer Vinsonhaler for confracf services from
. June 12, 2004 to June 18, 2004. To date, 13 percent of the contract has been expended. (General Fund
$375.00 Fund — Water/Sewer Funcl $25.00), payment in the amount of $500 to Shailer Vinsonhaler for
contract services from June 19, 2004 to June 25,.2004. To date, 13 percenf of the contract has been
expended. (General Fund $500.00 Fund) 5. Sunmeadow Drainage Project(Bond Fund)with payment in the
2imvu�ni �f Q�F�2 'I v-^i-.���.^. ��u��;n�h R. ���I�or Inr f�r onr.inoorinrv cor�ii�o� T�rulu4o RG. r�ornon��f fho �nn�rurf
ww ��y�� ��y� . .. �,...
has been expended. 6. Centennial Park Project(General Fund)with payment in the amount of$6500.00 to
Hall Barnum Lucchesi Architects for architectural services. To dafe, 100 percent of the contract has been
expentled. 7.Woodlawn-Shadowbend Street/Drainage Improve(Bond Fund)wifh payment in the amount of
$$150.00 to HBC Terracon for engineering services. To date, 3 percent of the contracf has been expended.
Also with payment in fhe amount of$1,243.43 to Freese&Nichols, Inc.,for engineering services. To date,91
percent of fhe contract has been expended. 8. Surface Water Pump Station (Bond Fund)with payment for
retainage in the amount of$20,000.00 to T&C Construction, LTD. To date, 99.8 percent of the contract has
been expended. Total payments were$129,576.85. B.Award of Bids and Contracfs and authorize the Mayor
to execufe�all documents: Bid No. 2004-08 and approvai of Contract with Garver Consfruction, LTD. for
Sanitary Sewer Rehabilitation for Fiscal year 2003—2004. C. Approve Contract with Hall Barnum Lucchesi
Architects for Architecfura! Services, Cenfennial Park Construction. D. Approve Contract renewal wifh
Galveston Counfy Economic Development Alliance. F.Approve Minutes of June 7 and 21 Regular Meetings
and June 24, 2004 Special Meeting.
Seconded by Councilmember Smith. The motion was approved 5-0.
A motion was made and approved to adjourn at 8:07 PM.
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Mayor Kimball W. Brizendine ��
Attest:
I �/� �; ;L. � %" - `
/1��;� ',/L: �r',G%°�.,��. � G',fi.;�•
°Deloris McKenzie, TR C ��
City Secretary