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HomeMy WebLinkAboutCC Minutes 2011-04-18 Special 04/18/11 3549 � STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( APRIL 18, 2011 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, APRIL 18, 2011, AT 6:30 PM AND A REGULAR MEETING AT 7:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR DAVID SMITH MAYOR PRO-TEM JIM HILL COUNCILMEMBER MICHAEL BARKER COUNCILMEMBER JIM BARR COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER BILL HOLBERT COUNCILMEMBER DEIRDRE BROWN CITY ATTORNEY BILL OLSON CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH Mayor Smith called the meeting to order. CLOSED EXECUTIVE SESSION ,,..,.,. Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.071: Consultation with attorney concerning pending or contempiated litigation; a settlement offer; or a matter in which the duty of the attorney requires it. (Potential litigation involving claim received from Ajay Jain) and Section 551.087: Deliberation regarding Economic Development Negotiations; to deliberate the offer of a financial or other incentive to a business prospect. Council closed the Executive Session at 6:52 PM and convened into Regular Session with action taken later in the meeting on item pertaining to Section 551.071 and no action taken on Section 551.087. 7:00 PM—REGULAR SESSION Mayor Smith called the meeting to order. The invocation was given by Public Works Director Kaz Hamidian. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS Mayor Smith presented a proclamation to the Bay Area V-Twins naming May 2011, "Motorcycle Safety and Awareness Month" in the City of Friendswood. Mayor Smith presented a proclamation to Ann Jarness, Jane Johnson, and Sam Munn with Gulf Parkinson's Source naming April 2011, "Parkinson's Awareness Month" in the City of Friendswood. � COMMUNICATIONS FROM THE PUBLIC Mayor Smith asked those who were in attendance to talk about the hotel/motel issue if they wanted to talk before or after the agenda item and they stated before. 04/18/11 3550 .... Curt Roberts, Friendswood resident, addressed Council and stated he is on the President of Boca Raton Homeowners Association (HOA) and is speaking on behaif of other HOA's by stating that they are not opposed to all development, they encourage and support development that benefits the neighborhood. Charles Prendergast, Friendswood resident, addressed Council and stated he is on the Board of Directors for the Boca Raton Section 1 HOA and is speaking regarding the agenda item regarding an economic development agreement between the City of Friendswood and Ajay K. Jain. He stated if the proposed agreement benefits the residents of Boca Raton and surrounding subdivisions and does not adversely impact the safety of children, residents' safety and property values, City services, and does not involve a settlement using City tax dol�ars, and all of the other issues raised in the opposition to the developer's attempt to build the Sleep Inn motel, then this unknown agreement may be acceptable to the residents. The HOA's are not opposed to development on this property that benefits the residents of Friendswood, have supported and will continue to support well planned enterprises that benefit the community but expects Council to put the welfare of the citizens first in considering any business development within the City limits. Jackie Gibson, Friendswood resident, addressed Council and stated she is here tonight to speak regarding an economic development agreement between the City of Friendswood and Ajay K. Jain. She stated she would like to remind Council that she is not against development, encourages development that is harmonious with the surrounding neighborhood that takes into account the safety of children and the vision of Friendswood, would like this property to be developed into something they can all support. Fred Krch, Friendswood resident, addressed Council and stated this administration can solve the most complex and simple problems with ease, "we the people" can use Friendswood Lakes without the City of Friendswood spending a penny, just take down the gate and people will find a way to get there. He stated this administration does not have a reason to say the lake is an unsafe place in which to fish, the � Police Department used the lake to train safely for some time. He stated "we the people" are allowed to go in many places that are overseen by the Texas Parks and Wildlife Department and no one tells them it is unsafe, and this present administration has been diddling and daddling and Lord only knows if they will get the money to open Friendswood Lakes. They do not need money to let him go fishing. He shared a quote from Simon Cameron and Louis McHenry Howe and stated that Council can open the gate and let him fish. With concurrence of Council, Mayor Smith moved to Item 8, Consideration and possible action regarding an economic development agreement by and between the City of Friendswood and Ajay K. Jain and authorizing the Mayor to execute the agreement. ACTION ITEM **Councilmember Brown moved to approve the economic development agreement by and between the City of Friendswood and Ajay K. Jain, which has been signed by Mr. Jain, and authorize the Mayor to execute the agreement. Seconded by Councilmember Barr. The motion was approved unanimously. CITY MANAGER'S REPORT City Manager Roger Roecker reported that the ninth annual KIDFISH event is scheduled for Saturday, April 23, 2011, at the Centennial Park pond. The KIDFISH Foundation will stock over 750 pounds of adult catfish in the pond for participants to try to catch. Bait, tackle, and loaner rods will be provided to children who do not have their own equipment. KIDFISH is a non-profit outreach program designed to give children 16 and under the chance to experience the sport of fishing and the outdoors. No pre-registration ''"� is required for this free event, however, a minimum donation of $10 will allow participants to receive awards such as t-shirts, hats, and trophies and the funds go towards expanding the KIDFISH Program. 04/18/11 3551 � All children will receive a goody bag, KIDFISH ribbon, and diploma. Longest fish winners and first and second place in each age group will receive large trophies. This event will qualify participants for the 2011 KIDFISH Classic. Qualifiers for the classic will be the top fundraisers over $50, the children catching the longest fish in their age group and any child fundraising $100 or more. The Classic will feature unforgettable fishing for trophy catfish up to 30 pounds. First prize will be a $1000 savings bond for the child and $1000 cash for the child's school. Senior Fish will be Tuesday, May 3, 2011. The Senior Citizen Program will host Senior Fish from 10:30 AM to 1 PM. Local seniors are encouraged to come to the Centennial Park pond for an afternoon of fishing, food, and fun. Bait, tackle and loaner rods will be provided, however, participants are free to bring their own lucky equipment. Catch of the day will be catfish and rainbow trout. A fishing license is not needed to keep any fish caught in the pond. Fishing stories will be swapped over a fresh, grilled lunch provided by the Community Services Department. The City Manager reported that the Stadium Lane On-Street Parking project was recently completed adding 195 new spaces to serve Renwick Park, Westwood Elementary, and Bales Intermediate schools. The impetus for these improvements was to address safety concerns at nearby facilities that led to cars parking haphazardly along the outside edges of Stadium Lane. This year's Youth Sports Day event on March 26, 2011, ran much more smoothly as a result of this project. The extra parking spaces along Stadium Lane allowed the Renwick parking lot to be used as a drop-off point improving the flow of traffic in and out of the park. Police officers working the event commented that this year was much safer than years past due to angular striping of the parking spaces, less walking behind parked cars, and available drop-off points to keep vehicles moving. In fact, vehicles were cleared off of FM 2351 from the parade route 20 minutes sooner than prior years. Overall, they were impressed with the organization of this year's event and the parking project contributed to the success of the entire day's activities. He thanked those who contributed to making this project a reality and recognized the cooperative effort of the �, Community Development, Public Works, and Community Services staff. In addition to the contract work, various components of this project were done by City personnel to reduce the overall cost of the project. The in-house work included the design of the project, as well as the parking lot striping at Renwick Park. The City Manager reported that the Friendswood Volunteer Fire Department was recently recognized in Washington, D.C., by the Congressional Fire Service Institute and the MedicAlert Foundation. The City's Emergency Medical Service (EMS) was one of three Fire/EMS departments to receive the First Annual Excellence in Fire Service-Based EMS Award for championing unique practices and leadership in implementing innovative solutions to enhance the quality of emergency medical care to their local communities. The awards were given in three categories - volunteer, combination and career departments. Recipients of the EMS awards were the Odessa, Delaware Volunteer Fire Company for the volunteer award; Friendswood, Texas Volunteer Fire Department for the combination award, and the Northwest Fire/Rescue District in Tucson, Arizona for the career award. Friendswood was lauded for its initiatives as "a leader in providing high quality pre-hospital patient care and community-wide emergency response." The department is staffed with volunteers and a paid day crew on duty during the week. They were recognized for innovations in treatment, leadership, and education. In addition to patient care, the responders also promote emergency planning as well as conducting CPR training for citizens and free immunization clinics. The City Manager reported that a number of Councilmembers as well as Staff participated in a softball game against the Friendswood Girl's Softball Association and then presented a plaque to City Council honoring their participation. Mayor Smith stated the softball game was a lot of fun. He stated that the stocking that goes on in Friendswood is not at Lake Friendswood but at the pond at Centennial Park. ..�.. With concurrence of Council, Mayor Smith moved to Agenda Item 12, Consideration and possible action regarding concurring with Friendswood Development Company's appointment to the West Ranch Management District Board. ___ __ _ _ _ 04/18/11 3552 .� ACTION ITEM "`Councilmember Holbert moved to approve concurring with Friendswood Development Company's appointment of Michael Snyder to the West Ranch Management District Board. Seconded by Councilmember Brown. The motion was approved unanimously. With concurrence of Council, Mayor Smith moved to Agenda Item 7B, Discussion with Jim Cooksey, Gulf Coast Waste Disposal Authority, regarding the rehabilitation of the Blackhawk Wastewater Treatment Plant. SPECIAL SESSION Mayor Smith opened discussion with Jim Cooksey, Financial Advisor of Gulf Coast Waste Disposal Authority(GCWDA), regarding the rehabilitation of the Blackhawk Wastewater Treatment Plant. Pubiic Works Director Kaz Hamidian stated the Blackhawk Wastewater Treatment Plant was built in the early 1980's as a regional wastewater treatment plant that serves MUD 55, Bay Group MUD 1, a portion of the City of Houston, and the City of Friendswood. The plant has a capacity of 9.2 million gallons per day and the City of Friendswood owns 52.465 percent of that capacity or 4.853 million gallons per day. The plant is almost 30 ears old and needs a lot of repair and rehabilitation. Jim Cooksey, the Financial Director of the Gulf Coast Waste Disposal Authority, gave a PowerPoint presentation and explained the slides as well as a Staff report that was provided to Council. He stated in 2010 Klotz & Associates were asked to determine what improvements needed to be made since the plant has been operating for 30 years and this report is the result. They want to take into account safety, compliance, improved treatment, power savings, and maintenance and repair savings. He discussed the head works which provides a hydraulic head to the plant. He stated the repairs are removing the existing comminuter and '� replacing it with self cleaning bar screens, repair concrete in influent channels, aeration basins in 3, 4, and 5 and replace course bubble diffusers with fine bubble diffusers, replace four gear boxes, replace sand filters under drain system and the media and bridge in sand filters 1 and 2, replace the Trojan UV3000 Classic System with the Trojan UV3000 Plus System. The total project cost will be $4,631,000 and Mr. Cooksey offered several funding options for Council to consider. Councilmember Brown asked for a copy of the PowerPoint presentation. Jim Cooksey with GCWDA stated they need to know by the first of May 2011 how the City will fund this and Mayor Smith stated the City of Friendswood will have a decision before the City of Houston has one. Jim Cooksey introduced Gerald Landis, Facility Manager for the Gulf Coast Waste Disposal Authority. Councilmember McGinnis asked about the $400,000 design phase and Mr. Cooksey stated they already selected Klotz Engineering and that is the usual cost. He stated the Gulf Coast Waste Disposal Authority is satisfied with the fees and the fees are in line with other firms. Councilmember Holbert asked their bond rating and Mr. Cooksey stated this is a regional facility and these are special project revenue bonds. The City of Friendswood has the strongest rating in the participating group but the other participants are rated well, and did not give a rating because they do not issue general obligation bonds but special project revenue bonds. Councilmember McGinnis stated when considering the annual debt service it is$8.9 million over 20 years and asked if the City of Friendswood would be rated with the lowest member of that consortium and Jim Cooksey stated it would depend upon how it is structured. ...�, Mayor Smith stated the City will get back to him as soon as they can. 04/18/11 3553 With concurrence of Council, Mayor Smith moved to Agenda Item 10, Consideration and possible action regarding disposition of Bid No. 2011-10 for the construction of a new animal control facility. ACTION ITEM ""Councilmember Barker moved to approve the disposition of Bid No. 2011-10 for the construction of a new Animal Control Facility and award to Triad Retail Construction, Inc. Seconded by Councilmember Barr. The motion was approved unanimously. With concurrence of Council, Mayor Smith moved to Agenda Item 7A, Discussion regarding interview with Olson &Olson for City Attorney Services SPECIAL SESSON Mayor Smith opened the discussion regarding an interview with the firm of Olson & Olson for City Attorney services. ' William A. Olson, Sr., Lawyer of Counsel with Olson & Olson, LLP, addressed Council and thanked them for the opportunity to speak and stated Olson & Olson has represented the City of Friendswood for many years and would like to continue to do so. He stated the firm has been in existence since 1974 and they currently have 23 attorneys, 14 of which have substantial municipal law experience and 9 of which are serving as city attorneys for one or more municipalities. The firm represents both home rule cities and general law cities. They also have a litigation group that spends much of their time dealing with municipal law issues. The firm is the approved Counsel for the Texas Municipal League (TML) and the TML ,�,_ Intergovernmental Risk Pool and for the County's Risk Pool. They have handled the litigation for cities in instances where they need to file suit against someone and in situations where they are being sued and there is no insurance coverage. They have argued cases in all of the courts of Texas and Courts of Appeals as well as the Supreme Court of Texas on municipal law issues, also federal court and the Fifth Circuit. Council sees him all of the time but does not see the team that provides the legal services to the City of Friendswood. He introduced Bobby Gervais and stated he has 17 years of municipal government experience and his role is to assist Mr. Olson in providing legal services to the City. Brian Begly has 19 years of municipal law experience and served in the City of Houston, City Attorney's office and is a partner in the firm, is board certified in labor and employment law, his practice is exclusive to employment related matters and handles a lot of litigation. Martha Williams, who is not in attendance tonight, is responsible for open records, has 22 years of municipal government law experience in the City of Fort Worth and the City of Houston, City Attorney's office and was the Port of Houston's General Counsel for nine years. John Hightower is a partner in the firm, has 33 years of municipal law experience beginning in the City of Houston, City Attorney's office, was the Section Chief for both the corporate and litigation division, and is in charge of all municipal governmental litigation. Mr. Olson informed Council that his role in the firm is changing because he wants to start slowing down by going Of Counsel with the firm by the end of summer or early fall. He will still work for the firm but will cut back on the meetings. He stated there needs to be a lead attorney at the Council meetings and knows they want someone with experience. His recommendation for the person to succeed him is Scott Bounds. Scott Bounds has 36 years of municipal law experience and is unique in that he is very involved in litigation. He is a partner and an exceptional municipal lawyer, worked in the Baytown City Attorney's office and was City Attorney for Huntsville for many years. He will be a good fit for the City of Friendswood. Mr. Olson will be available for special projects or to attend meetings where he is needed but recommends Scott Bounds as the new point person. John Hightower stated that he left the City of Houston 20 years ago and has been with Olson & Olson for 13 years. He wanted to do the same thing he had always done and Olson & ,�,. Olson was the only place he could get a solid municipal network, had worked with Bill Olson, Sr., who had also worked with the City of Houston. He stated he sought out Olson & Olson because it was a good place to practice municipal law because they offer a legal department and have many attorneys that fulfill different roles. In this area, Olson & Olson is the place to go for the experience and knowledge. 04/18/11 3554 �. Bill Olson is the managing partner and Mr. Hightower is the Assistant Managing Partner and both are there to meet any need. Counciimember Barker stated it is important that the questions be directed at who will be sitting in the City Attorney chair at the dais so, with no disrespect to Bill Olson, he would like to direct his questions to Scott Bounds. He stated to Mr. Bounds that sometimes because of the political aspect of the different personalities on Council the City Attorney is asked to answer questions with what they want to hear rather than what they need to hear, what is needed to hear is based on law and asked how he would handle that. Scott Bounds stated he does not know any of the Council members so does not know what he is asking or where he is going but can only say what he thinks the law is and has been practicing law for 35 years. If asked what the Charter says he will give his interpretation, if asked about bonds he will give as straight an answer as he can based upon his understanding of the law. Councilmember Barker asked what if someone asked how to make something happen and Scott Bounds answered if Council is taking a step that is inconsistent with what he thinks the law is and it will put the City at risk he will tell Council verbally and if he does not think it is being heard he will reduce it to writing and then Council can assess the identified risk and determine their course of action. Councilmember Barr asked what other cities he represents at Council meetings and Scott Bounds stated he represents the City of Tomball, and represents several Cities where he does not attend the meetings on a regular basis such as the City of Thompsons, Humble, Oak Ridge North, and Spring Valley Village. Councilmember Hill stated he has been on Council for five years and has worked with Olson & Olson, does not have any questions because he is aware of the services they provide and is sure the service will remain the same. .�.� Councilmember McGinnis asked if Scott Bounds could give more specific examples of him telling the Mayor and Council what they cannot do and Scott Bounds answered that last week a Council wanted to appoint a subcommittee to approve purchases without it coming to the group as a whole and he told them they would have to place it on an agenda to approve a policy and they will have to post the meetings of the subcommittee which may be an open meetings violation. He stated a client proposed a deal that he was concerned about. He reduced his concerns to writing and presented it in an executive session for discussion. He stated there was a recent meeting to discuss peddlers and solicitors and the Supreme Court has very firm ideas about what is protected by the First Amendment and in this case the citizens wanted action that was prohibited by the First Amendment. Councilmember McGinnis asked if he has ever come to such a disagreement with the cities that they ask for another partner to replace him and Mr. Bounds stated Councils have ignored his advice and have not liked the advice he has given. Bill Olson stated Olson & Olson represents quite a few governmental units so it is important to remain consistent with the advice given. He stated members of the firm discuss issues together so if it is an opinion of one it will be the opinion of the mass. Scott Bounds stated those meetings do not show up on the bill to the City but they are held regularly. Councilmember McGinnis asked Scott Bounds if he was considering semi-retiring or retiring and Mr. Bounds stated he intends to be here for a few years. Councilmember Holbert stated he had no questions. Councilmember Brown stated there have been some concerns with the services Olson & Olson has provided and that is why Council did a request for proposals. She stated she has concerns about the advice that was given a while back about an Alvin lawsuit, asked if Olson & Olson will use the same team they did during the time of the lawsuit and Scott Bounds stated he defers employment matters to Brian Begly and open meetings decisions to Martha Williams and will consult with John Hightower. He stated he will be more hands-on than Bill Olson but will still rely on Bobby Gervais in the transition. Councilmember Brown stated she does not have a comfort level that the agenda packet has been '�"" reviewed by the City Attorney ahead of time. Scott Bounds stated there will still be issues to work through and direction on items such as special conditions on contracts. 04/18/11 3555 Councilmember Brown stated he raised a good point about certain forms and asked if they have different forms for Special Conditions or Supplemental Conditions or is there a set of forms for the entire firm. Scott Bounds stated there is not a firm set of forms. John Hightower stated different cities have different levels of review and they will need to know what level of review is required. Councilmember Brown stated it was her understanding that the City forwards all contracts to Olson & Olson for review and would like a trigger to know when to pay more attention to a contract. She stated she does think that some of the Councilmembers took it on the chin because they followed some incomplete advice and maybe if Bill Olson had been there it may have been different. She would like to know that Council has tried hard on certain issues but might not have come up with the right result. Mayor Smith asked Scott Bounds what he thinks sets Olson & Olson apart from the competition and Scott Bounds answered that he was familiar with Olson & Olson when he worked in Huntsville and he sought them out when he moved to Houston because they did quality work and the team players cannot be beat. They structure the work so that there is no conflict between developers and municipalities. John Hightower stated they send the entire crew to municipal training each year and all of the lawyers have devoted their careers and practiced municipal law because they feel a sense of public service, enjoys the process, is a privilege and is more than a way to earn a dollar. Mayor Smith asked who does a City Attorney represent, the citizens or the City Council. Scott Bounds answered that the City Attorney represents the City as an entity through state law, the City Charter, and the ordinances which structure the entity. City Council is the primary agent for the City and then all Staff and boards and commissions. He stated most conflicts arise within the entities between Staff or committees and it is his duty to recognize the conflicts and make it clear that he does not recognize individuals. � Councilmember Brown referred to Scott Bounds statement that there would be ramp-up time for him and she asked if he would consider a credit for any fees during that ramp-up time and Scott Bounds stated he is already working on issues, his time would not be charged when he attends the meetings with other attorneys, would not bill the time to read the City Charter and ordinances as part of the learning process. He stated the City can always address issues with any billing. Mayor Smith stated it is difficult to openly address the parks issue that has been referred to tonight because there is still pending litigation, and looks forward to the time when everything can be discussed out in the open. Councilmember Brown stated there were a lot of things that generated the need to have this process, one of them was the park land issue, reviewed everything the City Secretary had, every legal invoice and all of the written opinions. Mayor Smith stated he does not want to get into an argument, wanted to encourage Councilmember Brown to consider the possibility that she does not know everything about that issue from what she has read. Councilmember Brown stated she knows what lawyers do and how they write legal opinions, would hope that any lawyer who had any commentary that is not in the legal opinion would not be representing this City. She tried to do this gently earlier but this issue has been called out even further, will be happy to put this issue on a future agenda for discussion, is trying to give a new team a new chance, is impressed with John Hightower and Scott Bounds, and takes this issue very seriously. There is a history with Olson & Olson and there have been some issues. She is a realist and a pragmatist at the same time, believes the ,,,,�„ public should be aware of what the issues are rather than glossing over the issues. Mayor Smith stated this discussion could go on all night long and that is not what they are here for so he will excuse himself for taking it further than it needed to go. He thanked the representatives from Olson & Olson for their time. 04/18/11 3556 � Mayor Smith recessed the meeting at 8:55 PM. The meeting reconvened at 9:05 PM. With concurrence of Council, Mayor Smith moved to Agenda Item 7C, Discussion regarding a lease/purchase agreement for the replacement of computer hardware and software (Technology Refresh). Mayor Smith opened the discussion regarding a lease/purchase agreement for the replacement of computer hardware and software (Technology Refresh) and deferred to City Manager Rocker Roecker who stated the refresh plan was included in the 2010-2011 adopted budget and this agenda item is to answer any questions before it becomes an action item for approval. He deferred to Deputy Director of Administrative Services Information Technology Todd Yeager and Administrative Services Director Cindy Edge. Todd Yeager presented a PowerPoint presentation and stated the Initial MIS (IT)Assessment and Plan was developed in 1994 and then adopted by City Council. The two main points from the plan were to standardize PC hardware and software that is used throughout the City and develop a city-wide local area network (LAN). The initial implementation was in 1999 and the goal was to update PC's and standardize desktop software so they installed file servers to support new network operations and began building a local area nefinrork by fiber optic installation befinreen sites. The results were 100+ PC's with standardized hardware and software configurations, extensive internal network and connectivity, a file/print server, an e-mail server, and the internet. The updated-long range MIS plan was presented in February 2000 and acknowledges successful implementation of the core IT infrastructure and identified the need to stay in the mainstream of technology. Another technology refresh was done in 2002. It was approved July 1, 2002, and financed through a 3-year lease purchase agreement and included PC's, laptops, servers, tape library, storage area network (SAN), color and black and white laser printers, and software updates. Another technology refresh was done in 2006. It included newer and faster PC's, new � laser printers, updated Microsoft Office software, added Adobe Acrobat to all PC's, updated backup software, new network switches, new servers, an updated e-mail server and an update of licensing on all systems. There is currently a proposed refresh for 2011 which will focus primarily on end-user desktop systems, small form factor PC's, widescreen LED monitors, professional versions of Windows 7, Microsoft Office 2010, Adobe Acrobat 10, and an upgrade of server software and licensing. Some existing equipment will be refurbished and reused in less demanding areas, and there will be a 5 year onsite warranty. The refresh guidelines are to replace all PC's purchased as part of the 2006 refresh, replace certain library PC's that were part of the Library 2004-05 system upgrade, replace PC's purchased since 2006, but not after October 1, 2009. They will not replace the Police Department MPC's, the PC's in the emergency operations center, the computers used by the public in the library and Council laptops but Council laptops will have current software. City Manager Roger Roecker stated Staff would like Council's input if they are interested in something like an iPad, other cities are using them. Todd Yeager stated Police Chief Bob Wieners reminded him that the Police PC's are part of vehicle equipment. Councilmember McGinnis stated he does not want to beat a dead horse but technology is changing so fast that maybe it is not a core function of City administration and might be better outsourced. He stated he has an article to hand out from the Reason Foundation from 2010 regarding telecommunications, and a chapter from 2009 also about what different states and counties are doing to work with private sector partnerships. Councilmember Barr stated he agrees with the upgrading software, especially the Microsoft Office Suite +""` and the ftp site, would like to see the upgrades and something smaller on the Council dais would be nice but not a necessity. 04/18/11 3557 Todd Yeager stated Council has asked about using Microsoft Outlook at home and they have activated a process to allow Outlook to access at home. If anyone is interested he can provide a small set of instructions to them. Mayor Smith stated he would issue a word of caution about using Outlook to capture the City correspondence and storing it on personal or business PC's. He stated that can make them subject to open records requirements. Those interested in doing so might speak with City Secretary Melinda Welsh to refresh themselves about open records requirements. Councilmember Barker stated he would like to explore using an iPad because it would be wireless and standardized, and asked Todd Yeager if it would make the process more simple or complicated and Todd Yeager stated it would be simpler because he has done research that shows email to a cell phone is easier than on a desktop. He stated the iPad addresses that by syncing the iPad with ActiveSync. He stated it is not the same as a Blackberry because it is not as cumbersome as a Blackberry. Councilmember Barker asked the cost of an iPad and Todd Yeager responded the iPad would be about $499 and there would have to be wireless connectivity. Councilmember Barker stated he has given up on e-mails because of the firewall issues. Councilmember Brown asked if it is possible to set the Outlook settings so that everything remains on the City server to keep from open records issues and Todd Yeager stated he believes it is. Councilmember Brown asked if there is a hardware replacement schedule that ties into this proposal and Todd Yeager stated he has a spreadsheet he works with that identifies and details each computer. The desktop technology is on a three to four year schedule and the current proposal is a five year schedule as well as how well it is performing and the ability of ongoing service and support. He stated everything that is �..., eligible for replacement is going to be replaced, has done the staggered schedule but the issue is the version control and is easier to knock it out all at once. Councilmember Brown asked why everyone needs Adobe Acrobat Pro rather than the Adobe Acrobat Reader and Todd Yeager stated it is less expensive because of the government rates and upgrades. Councilmember Brown asked if there was a pricing schedule for these items and Todd Yeager stated yes but he is still trying to nail down prices on a few more items to complete the schedule for the agenda packets at the next Council meeting. He stated the computers purchased in this refresh will last for five years and so it is important to go with the most current technology that can be afforded. Councilmember Brown asked if there has been an internal/external IT audit and Todd Yeager answered that the City auditors do address IT. Councilmember Brown asked if he has looked at Cloud technology and Todd Yeager answered yes but it is not a good fit right now and they have not entertained the idea of doing Google apps. The City uses a lot of web based functions like GIS, performance evaluation software and emergency operations center software. Councilmember Brown asked what type of training will be proposed and Todd Yeager answered that there is training but it does not include Adobe Acrobat training. There is also online training offered for Windows 7 to Office 2010. Councilmember Brown asked if there is duplication between the Friendswood Volunteer Fire Department (FVFD) systems and the City systems and Todd Yeager answered that the FVFD is separate from the City in that they own and license their servers and equipment and the City facilitates their connections, allows them space in our rack, gives web access, and does backup for them and that is all. Councilmember Brown asked if a cooperative agreement can be done with the FVFD in order to save costs and Todd Yeager stated they run a completely different system and does not think they are interested in an agreement. Councilmember Brown asked about the telephone systems for the FVFD and Todd Yeager responded that they are on the City telephone system. Councilmember Brown asked why there is a problem connecting computer services if they share the telephone and Todd Yeager answered there are many other issues such as licensing issues, security and user management. Councilmember Brown asked about SunGard software and Todd Yeager stated utility ,,� billing and Municipal Court payments can be made through the internet, and the City is upgrading the SunGard soffinrare this summer. Councilmember Brown asked if Staff has discussed trying to do a joint contract with the other municipalities with SunGard and Todd Yeager stated SunGard has cities in clusters all over the country and they are not going to change their licensing. 04/18/11 3558 ...� Councilmember Brown asked if he knew why League City approached her and asked about partnering and Todd Yeager stated possibly for the next iteration of their software that is server based but that is not what Friendswood uses right now and it will be a while before Friendswood will move to a server based software because it deals with a totally new conversion and is a very difficult process. Councilmember Brown stated the library is an important place to upgrade because she wants out of town visitors to think Friendswood is a technology city and Todd Yeager stated the current equipment will be refurbished and sent to the library. Councilmember Brown asked about dual monitors and Todd Yeager stated the new monitors are dual monitor capable. Councilmember Brown stated dual monitors may help some departments such as the City Secretary's office and the Community Development Department and Todd Yeager stated he has addressed that with different departments. Councilmember Brown asked what recurring problems are Staff and citizens having with the current system and Todd Yeager stated that there is an issue with Groupbuilder. With concurrence of Council, Mayor Smith moved to Agenda Item 9, Consideration and possible action regarding disposition of Bid No. 2011-09 for the Library Parking Lot Point Repairs and Leveling and authorizing the appropriation of funds. ACTION ITEMS '`*Councilmember McGinnis moved to approve the disposition of Bid No. 2011-09 for the Library Parking Lot Point Repairs and Leveling and award to G.W. Phillips Construction, Inc. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Hill moved to appoint Michael Snyder to the West Ranch Management District Board for an unexpired term to expire June 2013. � Seconded by Councilmember Barr. The motion was approved unanimously. **Councilmember Barr moved to appoint Lee Revere to the Parks and Recreation Board for an unexpired term to expire November 2013. Seconded by Councilmember Holbert. The motion was approved unanimously. RESOLUTION **Councilmember Barker moved to approve Resolution R2011-10 — A Resolution of the City Council of the City of Friendswood, Texas, authorizing the Mayor to execute, and the City Secretary to attest, an agreement for the installation of a traffic signal at FM 518 and West Boulevard/Stones Creek Terrace between the City and Texas Department of Transportation. Seconded by Councilmember Hill. The motion was approved unanimously. ORDINANCES '"`Councilmember Barr moved to approve the Second and Final reading of Ordinance 2011-10 — An Ordinance amending Appendix C of the Code of Ordinances of the City of Friendswood, Texas, said Appendix C being the Zoning Ordinance of the City, by changing the Zoning Classification of a 10.0-acre tract of land at 402 Laurel from Single Family Residential (SFR) to Planned Unit Development District (PUD-SUP); providing for the granting of a Specific Use Permit to authorize the use of property within said PUD for NAICS use #611 — Educational services, NAICS use #6111 — E�ementary and secondary schools, and NAICS use #6116 — Other schools and instruction; providing for the amendment of the Official Zoning Map; imposing certain conditions providing a penalty in an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. (former Friendswood Jr. � High) Seconded by Councilmember McGinnis. The motion was approved unanimously. 04/18/11 3559 � '`*Counciimember Hoibert moved to approve the Second and Final reading of Ordinance 2011-12 — 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 amending Section 8 (N), Subsection 4, to amend the provisions pertaining to fenestration and emergency access doors; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember McGinnis. The motion was approved unanimously. "*Councilmember Barr moved to approve the Second and Final reading of Ordinance 2011-14 — An Ordinance amending Appendix C of the Friendswood City Code, said Appendix C being Ordinance No. 84-15, as amended, originally adopted the 19th day of November, 1984, and being the Zoning Ordinance of the City, by amending the Regulation Matrix table for residential districts contained in Section 7.Q District area and height regulations, Subsection 2, by amending the Regulation Matrix and notes for residential district to change the front and rear yard setbacks in the Multi-Family Residential — Garden Home District (MFR-GHD) and to specify that the parking is required in accordance with the Parking Group Table in the Design Criteria Manual; providin� other matters relating to the subject; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Holbert. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmembers Holbert and Barker stated they had no report. ,,,,_, Councilmember Brown reported on the second Homeowners Association Education Forum, and stated Economic Development Coordinator Karen Capps, Code Enforcement Officer Cathy Gray, and Community Development Deputy Director Frank Manigold gave great presentations. She stated she had received inquiries on pipeline issues and suggested Council perform pipeline education some time in the fall. There is an attorney in Friendswood who is willing to hold educational forums on the issue. She stated there will be a City Council Candidate's Forum hosted by the League of Women Voters at Windsong Intermediate School on April 28, 2011. She stated she would like to wish everyone a Happy Passover and Happy Easter. Councilmember McGinnis stated the Library Board will have a long range planning meeting on May 7, 2011. He also stated that he attended the Friendswood Volunteer Fire Department (FVFD) and Emergency Medical Services (EMS) 60'h anniversary dinner last Saturday night and the City has a lot to be proud of. Councilmember Hill stated he also attended the FVFD/EMS awards banquet where Letha Camp announced her retirement and thanked the Camp family for their many years of dedicated service to the City. Councilmember Barr stated there will be a town hall meeting to discuss recycling on April 25, 2011, to bring ideas and to educate. He also stated there is an online survey and the response has been good and so far they are showing that the education program needs to be included. He stated that the FVFD/EMS banquet was great, especially the cardio program, the ICE technique is cutting edge and they provide a tremendous service for the City of Friendswood. Mayor Smith thanked Letha, Lisa and Ken Camp for their years of service and also thanked the new, young members that are becoming involved. It is encouraging and speaks to the level of leadership of the FVFD. The banquet was fun. He stated Friendswood will be losing a great citizen shortly. Larry Dyke has been a great contributor of the City of Friendswood for many years, is a nationally known artist and will be retiring and moving to the country. 04/18/11 3560 � The Prihoda's at Friendswood Frame and Gailery are having a reception next week and everyone is invited. He offered prayers and hopes for those celebrating Holy Week. CONSENT AGENDA ""Councilmember Barr moved to approve the Consent Agenda as presented: A. Authorize the acceptance of public improvements associated with the Stadium Lane on-Street Parking Project. B. Approve the minutes of the March 21, 2011, Council meeting. Seconded by Councilmember Hill. The motion was approved unanimously. CLOSED EXECUTIVE SESSION Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.074: Personnel Matters; to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or to hear a complaint or charge against an officer or employee. (Evaluation of the City Secretary) Council reconvened into Regular Session at 10:50 PM with action taken later in the meeting. **Councilmember Barker made a motion regarding the annual evaluation of the City Secretary and to approve a raise to $81,000. Seconded by Councilmember Hill. The motion was approved unanimously. Councilmember Barker stated this is well deserved, got a bargain last year, is merit based and is lucky to have such a good City Secretary. ..� Councilmember Hill stated is proud of City Secretary Melinda Welsh, is proud of the way she has matured in the job, a lot of it under fire, this year has not been easy, thinks last year was started at a salary not what she was worth but like everyone has to prove their worth and she has proved it, reminded her she should go home before 7 PM at night, and she earns every penny she makes. Councilmember Barr stated he would like to echo what the other two Councilmembers said, thinks the professionalism and growth the City Secretary has made in this office and straightforward answers she gives to elected officials and the public has been great, has grown tremendously in the year she has been City Secretary and is happy with this decision. Councilmember McGinnis stated he also echoes others sentiments, thanks the City Secretary for her hard work this year, appreciates her cheerful, helpful attitude even when he is calling after hours, good job and keep up the good work. Councilmember Holbert stated is very proud of the way the City Secretary has developed her own staff, has watched everybody grow in the respect they have for her and the efficiency her department has and anyone that tells you that they can do this job without someone of candor in this position is not only a liar but a fool. Councilmember Brown stated the City Secretary has all her cattle with her and is not just all hat, she has learned a lot over time, has been trial by fire, is always courteous and respectful no matter who she is dealing with, thinks that is what the City Secretary's office requires, and it seems to comes naturally to her and does not always come naturally to everyone. The City Secretary has also had to hire and train employees, is an added layer while learning the process herself, has done a fabulous job and thinks long term that the City will be lucky if she stays with the City until she retires, appreciates all she has done for � the City, appreciates her candor which is important and has always impressed her as someone who speaks straight, and thanks her very much. 04/18/11 3561 Mayor Smith stated the City Secretary is to be congratulated in celebrating her first year as City Secretary, has done a great job, has confirmed for him and all of Council that she is the right person for the job, despite that there may have been other choices or opportunities, someone that knows the City well and has history has great value, was fortunate to hire someone that they knew her character already, appreciates her character and honesty, her dedication to the citizens of Friendswood and work that she does, has done a great job this past year and thanked her. A motion was made and approved to adjourn at 10:55 PM. M r vid . . Smith Attest: � '� FR�ENO ' �-�`�-� � ,,°� s�o Melinda Welsh, TRMC � p City Secretary v o * * � Py ��TF OF '��� � .�.,