HomeMy WebLinkAboutCC Minutes 2013-03-04 Regular 03/04/13 40821
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' STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
MARCH 04, 2013 )(
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON.
MONDAY, MARCH 04, 2013, AT 4:30 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910
S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT
CONSTITUTING A QUORUM:
MAYOR KEVIN HOLLAND
MAYOR PRO-TEM JIM HILL
COUNCILMEMER STEVE ROCKEY
COUNCILMEMBER BILLY ENOCHS
COUNCILMEMBER PAT MCGINNIS
COUNCILMEMBER JOHN SCOTT
COUNCILMEMBER DEIRDRE BROWN (Arrived at4:38 PM);
CITY ATTORNEY ARNOLD POLANCO
CITY MANAGER ROGER ROECKER
CITY SECRETARY MELINDA WELSH
REGULAR SESSION
Mayor Holland called the meeting to order.
The invocation was given by Pastor David Bridges with Friendswood Friends Church.
' Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas.
COMMUNICATION FROM THE PUBLIC
Mayor Holland asked if anyone would like to speak. No one spoke.
WORK SESSION
With concurrence of Council, Mayor Holland moved to Workshop Item B, Discussion regarding the City's
agreement with the City of League City for OSSI Public Safety software.
Mayor Holland opened the discussion regarding the City's agreement with the City of League City for
OSSI Public Safety software. Police Chief Bob Wieners stated the City of League City Information
Technology Director Ryan Smith is present at tonight's meeting. Chief Wieners presented a Power Point
presentation in regards to the agreement with the City of League City for OSSI Public Safety Software.
Chief Wieners started the presentation with a history of the software, in 2004 the City of League City,
purchased the OSSI software system, in 2005 the City of Webster joined with the City of League City, in
2008 the City of Friendswood's City Council approved a local partnership with the cities of League City,
and Webster. The City of Friendswood agreed to expend $250,000 for the purchase of the OSSI
software system and agreed to pay annual maintenance fees of$54,000 per year. City of Friendswoo6
was not asked to defray any of the City of League City's cost. The rationale at the time was that a local
consortium would enhance information sharing and interoperability. At the time of implementation, OSSI
System Partners were the cities of League City, Webster, and Nassau Bay, and current subscribers
include the cities of Alvin, La Porte, Deer Park, and Galveston. Issues regarding the Interlocal agreement
are the City of League City's compensation formula does not demonstrate any cost above the 2004 cost
' to purchase and maintain the system. City of League City will accrue the same cost whether the City of
Friendswood is on the system or not, local consortium has changed more to a regional consortium,
Interlocal agreement calls for a Board of Chiefs to oversee the consortium, Board of Chiefs would impact
future budget considerations, future growth of consortium will likely increase annual assessment to
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support personnel, capital expenditures, and vendor services, changes in management teams likely to '
change business model and result in assessment of more costs, initial payment is due July 01, 2013.
Other communities have already budgeted for this initial payment but Chief Wieners stated he has not. If
Council agrees to sign the Interlocal Agreement, the City of Friendswood would be required to pay the
initial payment of$10,000. Courses of action that can betaken regarding the Interlocal Agreement is that
the City can either do nothing, have legal counsel modify the document to address the issues of the July
2013 payment, authority of the Board of Chiefs, member costs, future growth and budgetary impacts,
document formalizes a change and the cost that goes along with it, sign the agreement and pay
assessments, build out current system with drug seizure funds, or enter into a new local partnership with
the City of Pearland. Building out the current system is a formable task, can build on the $250,000
startup cost already paid, if system is built out the City would still have the capability to do everything it
does currently. To build out the current system the cost would be around $400,000 in startup costs and
an additional $30,000 in additional yearly ongoing cost. Drug seizure money could be applied to aid in
the build out, currently there is $75,000 in the drug seizure account. The City of Pearland is interested in
having a partner in order to have some redundancy in their department, 7% of the people arrested in the
City of Friendswood are from the City of Pearland, and there would be some startup costs regarding
getting fiber installed and data conversion.
Mayor Holland asked if the payback for extracting the City's data would be two months with the City of
League City, and Chief Wieners stated break-even would be two years for either one, have to build
redundancy in the system whether it is the City of League City or the City of Pearland, would be $32,000
to go with the City of Pearland.
Councilmember McGinnis asked Chief Wieners if he felt the OSSI Software system was a good
functioning network, and Chief Wieners stated yes. Councilmember McGinnis asked why not ask the City
of Pearland to join the consortium that already exists, and Chief Wieners stated that is a question he
would have to ask the City of Pearland. Chief Wieners stated there is a desire for communities to '
maintain local control, which gives transparency and 100% accountability in how that system is operated.
City of League City Information Technology Director Ryan Smith stated the City of League City pays
$4,000 a month for connectivity to the database that they do not pass on to the subscribers.
Mayor Holland stated with the growth of the consortium he does not understand why the cost is growing.
Mr. Smith stated the City of League City does not charge for Staff time or other modules, is asking to
offset 9% of the cost for service, booking, and arrest totaling around $74,000 in maintenance fees,
currently pays $28,000 in hardware which the City of League City did not pass on, asking to offset
maintenance only.
Councilmember Rockey asked if the amount is pro-rated due to the size of the City.
Mr. Smith stated the $74,000 is divided up by how many calls of service, offense reports, arrests, and
accidents for each agency. Friendswood is 9%, City of League City is 17%, La Porte is 12%, Webster is
9%, Deer Park is 14%, Alvin is 8%, Nassau Bay is 1%, and Galveston is 26%.
Councilmember Rockey asked on police actions that occur in Friendswood, how many go through the
system, and Chief Wieners stated all of them. Councilmember Rockey asked if there had been any
cases where information was not available, and Chief Wieners stated no there have been no issues. The
only reason this item is before Council is due to a change in the business model and budgetary impact,
would like Councils direction.
Mr. Smith stated the League City Police Chief and the City Manager do not want the responsibility of
making all the decisions, they want the insight and assistance from the other Cities' Chiefs, that is why ,
they stuck with League City Consortium.
Councilmember Enochs asked if this was a system that is a data repository, or does it allow officers to
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communicate among police cars. Mr. Smith stated it is data and communication, automatically;
dispatched and all cities can see each other's data.
Councilmember Enochs asked does the system go along with National Incident Management Systems
(NIMS), and Chief Wieners stated from incident command system the City of Friendswood has a
partnership with Forest Bend Fire Department. The City of Friendswood started dispatching for them two
years ago, all the fire apparatus on the west side of the freeway is dispatched by the City of Friendswood,
have gone ahead and gotten basic enhancements to the fire department response. The shift in the
business model means there will be an increase in costs. If Mr. Smith says what the cost will be then it is
likely to stay the same but if he leaves it could change. If the City stays the course and subscribes to the
new business model there may be some increases. If the City goes with a partner more compatible with
the current business model there is likely to be less unknowns.
Councilmember McGinnis asked if the new business model was decided upon, and Chief Wieners stated
it was his understanding that it was pretty much already decided.
Councilmember Brown stated the fiscal impact is uncertain.
Mr. Smith stated the schedule is in stone, cost could go down if another agency was added, schedule will
adjust a little each year based on percentage of calls per city in the consortium, by the time the City of
Pearland was asked to join they already had a system in place.
Chief Wieners stated he has objection to the new business model. Mr. Smith stated as a League City
representative he does not foresee any surprises in the future, you will see any problems that arise will be
deferred to the Board of Chiefs to make decisions.
' Councilmember Enochs asked what are the next steps, and Chief Wieners stated he thinks the City
should talk to the City of Pearland to see what a change would constitute.
Councilmember Scott asked when the City of League City would need to know a decision, and Chief
Wieners stated by June. Councilmember Scott asked if Council decides to do something outside of the
consortium should the ball be rolling or already in place. Chief Wieners stated if a decision was made to
transition it would be smooth. The City of League City has been a good partner. The City of Pearland
would have to replace a server and a few other things. The City of Friendswood would have some things
to do as well, could make a smooth transition by end of the fiscal year. There is a six-month notification
in the contract. Mr. Smith stated are currently negotiating with the City of Galveston to defer their
payment until the beginning of their fiscal year, payment is negotiable.
Councilmember McGinnis states should ask the City of Pearland why they are not interested in joining the
consortium but are interested in partnering with the City of Friendswood.
Councilmember Scott summarized what is being requested, and asked if Friendswood officers would still
be able to see other agencies communications if the partnership with the City of Pearland was
established.
Mr. Smith stated it would be cutting ties, would not be a regional system.
Chief Wieners stated there is a feature called Police to Police where officers can see what is going on in
other agencies.
Councilmember Scott asked if the City of League City had looked at a model if the City of Pearland was
added.
' Mr. Smith stated the cost would drop if the City of Pearland joined. The City of Deer Park just joined and
has been able to link analysis for crime and is helpful. The system has been very strong, there have
been no issues. During Hurricane Ike the battery backup failed in the City of Clear Lake but it was back
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up in an hour. '
Councilmember Hill asked if the City stays with the League City Consortium will there be a $10,000
increase per year. Chief Wieners stated the fee would at least be an increase of $10,000 per year.
Councilmember Hill asked what the total cost per year would be, and Chief Wieners stated currently have
$54,000 in annual maintenance fees. Councilmember Hill stated he thinks Council should look at all
options and make a reasonable decision.
Councilmember Brown stated she agrees with Councilmember Hill on setting out fees, is the City of
League City amenable to working out fees. The City of Friendswood shares attorneys with the City of
League City, sees a conflict, can build in caps and terms on a short term basis. Mr. Smith stated the
contract is amended daily.
Councilmember Enochs suggested deferring to the next budget cycle so Council does not have to rob
from elsewhere.
Mr. Smith stated the issue has been talked about for a few years.
Chief Wieners stated he did not want to commit to spending the City's money, would like permission to
talk in earnest with the City of Pearland.
Councilmember McGinnis asked if a great number of arrests are residents of the City of Pearland, and
Chief Wieners answered the arrests are mainly from Houston, Alvin, and then Pearland. Councilmember
McGinnis asked if there was a crime prevention impact analysis, and Chief Wieners stated from an
analysis stand point either system would be the same.
With concurrence of Council, Mayor Holland moved to Workshop Item A, Discussion regarding '
considerations in opening a dog park in the City and other options in lieu of a dog park.
Mayor Holland opened the discussion regarding considerations in opening a dog park in the City and
other options in lieu of a dog park, and cautioned about discussing anything related to current litigation.
Councilmember Brown stated there has never been a discussion on policy, does not want to discuss a
specific site, should refer to the Parks and Recreation Board and/or the Animal Shelter Advisory
Committee for further review and bring recommendations back to Council.
Councilmember Rockey asked if it was possible for the City to give Council other options on where to
place a dog park. In the subcommittee, it was discussed and there were other options, likes the idea of
the Parks and Recreation Board along with the Animal Shelter Advisory Committee bringing back options
to Council.
Councilmember Hill stated he thinks this should be done by the Animal Shelter Advisory Committee and
have them work with the Parks and Recreation Board to see if they can make some recommendation.
Councilmember Scott stated part of Community Services Director James Toney's charge to the Parks and
Recreation Board was to go and bring that forward, have already identified one place, does not think
there is a strong opinion on any committee to have it at one particular spot, work has been going on to
find out what it would take to establish this.
Councilmember Brown stated this issue has been around since before Councilmember Scott was here or
the subcommittee was formed, other sites were considered in the past. Friendswood Animal Advocates
are not pushing this item, did research because of discussion with them.
Councilmember McGinnis stated both Nassau Bay and Bay Area Park have a nice dog park. '
With concurrence of Council, Mayor Holland moved to Workshop Item C, Discussion regarding engaging
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a consultant related to the City's Enterprise software. j
Mayor Holland opened the discussion regarding engaging a consultant related to the City's Enterprise;
software. Administrative Services Director Cindy Edge stated she received a proposal from consultant
Jerry Byrd with Tatum, same firm that did recent Strategic Plan. Staff needs guidance and expertise to,
go through this process.
Councilmember Enochs asked what cost is associated with the consultant, and Ms. Edge stated she
asked for options if the City were to look at a police package, looking at a maximum of $75,000 and if
police package is added it would be$100,000.
Councilmember Brown asked if this package includes document management software, and Ms. Edge
explained data management is part of that package.
Councilmember McGinnis asked if cost for the next phase is $75,000-$100,000, and Ms. Edge stated yes
the consultant would help develop the Request For Proposal (RFP) process and go through the
negotiation process. Staff does not know everything that is out there but part has been done!
Councilmember McGinnis stated he knows it is a long-term process but price seems steep, asked if City
could look at other consultants. Ms. Edge stated yes, went with Jerry Byrd first since he has already
done work with the City and there is a history with him. City Manager Roger Roecker asked Ms. Edge to
explain the previous proposal received from Tatum, the cost, and the change associated. Ms. Edge
stated the company Tatum, the firm Jerry Byrd is currently with, is getting out of government business;
and Mr. Byrd is going to start his consulting business again to work on this by providing consultation on
the side. The City Manager stated he had sticker shock on this, asked Staff to do some investigating
from other cities, current proposal sounds like a reasonable number, Missouri City provided an extremely
large number.
' Councilmember Rockey stated he does this for a living, for what the City is asking this guy would cost
$250,000, proposal is suspiciously low, taking first step on a very large item, and would like to see what
Mr. Byrd will do for the$75,000. Ms. Edge stated she does have a detailed work plan proposal.
Councilmember Enochs asked if the$75,000 was budgeted for the current year, and Ms. Edge stated no
it was not. Ms. Edge further stated as Staff started looking into timeline, are getting further and further
down the road, bought current software in 1997 and after seeing 2013 technology realizes there are
things out there that did not know about in 1997, are behind in technology.
The City Manager stated Missouri City just did this process for$270,000, included Public Safety and non-
Public Safety, and that is before the RFP work was done.
Councilmember Hill stated when he was elected in 2006, Council was made aware of old equipment in
Information Technology (IT), have bought new software and new computers, is time to get the IT
Strategic Plan going to know we are building a good system to serve the City as long as the old system
has served the City.
Councilmember Brown stated the IT Plan was prepared but Council has not approved, would like to see
Council approve, when suggestions were made to update Council did not approve but Staff did anyway,
important to keep moving forward.
Mayor Holland stated is budgeted for a new half-year IT person, and since the position has not been filled
suggested using that money.
Councilmember Brown stated can use General Funds, do need an IT person.
' Councilmember Rockey stated Internal Revenue Service (IRS) has rules on Enterprise Resource Plans
(ERP) and consultants are not considered capital.
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The City Manager stated funding would be a combination of Water and Sewer Funds along with General
Funds. ,
Mayor Holland recessed the meeting at 5:37 PM and reconvened the meeting at 5:45 PM.
Mayor Holland opened the discussion regarding the City's Multi-Year Financial Plan. Administrative
Services Director Cindy Edge reminded Council that this is a first step for subsequent budget, gave a
brief explanation and history of the Multi-Year Financial Plan. Ms. Edge presented a PowerPoint
presentation on the Multi-Year Financial Plan for fiscal years 2014 thru 2018 General and Debt Service
Funds. Planning assumptions are based on key revenue sources and the largest source of revenue is
property values, most revenue sources are increased by two percent per year. Revenue planning is
based on the current year revenue budget, add or subtract revenue growth or loss projections, provides
the proposed revenue budget. Revenue planning data also included discussions with the planning,
economic development and finance areas of the City, as well as other departmental input. Fiscal year
2014 projected General Fund revenue is $22,335,959, property tax is 58%, sales tax is 18%, non-tax
revenue 17%, and franchise tax is 7%. Property tax revenue components are gross appraised value and
taxable value, taxable value multiplied by the tax rate is the tax levy, tax rate has two parts, interest and
sinking for debt service, and operations and maintenance for General Fund. Tax rate drivers are property
tax revenue, in the plan is based on the effective tax rate, effective tax rate generates the same revenue
for the same properties, and revenue growth from revaluations and construction. Key expenditures,
personnel expenditures increased by 3% each year for wages and benefits, non-personnel expenditures
increased between 2% to 2.5% over the five-year plan. Expenditure planning is based on the adjusted
base expenditure budget, Forces at Work, and Decision Packages. Fund balance portion on the Multi
Year Financial Plan includes 90-day operating reserve and undesignated fund balance uses,
emergencies, one-time expenditures, major capital purchases, and startup expenditures for new
programs. Ms. Edge finished her presentation with a brief mid-year review of the current budget.
Mayor Holland stated savings is from estimated costs budgeted that were lower. '
Ms. Edge gave several examples.
Councilmember Brown stated she has raised points each year regarding rollover amounts, could be
getting better estimations, have items budgeted that were not designated as line items.
Councilmember Rockey asked when is the Mud Gulley estimated to start, and City Manager Roger
Roecker stated when Harris County makes progress.
Councilmember Hill stated the best estimation is construction possibly by the end of this year.
Councilmember Enochs asked when the Mud Gulley discussion started, and Councilmember Hill stated
since 2009.
Councilmember Hill stated the Mud Gulley project would really benefit Friendswood.
The City Manager asked what piece of the fund balance deals with the budgeting process. Ms. Edge
stated only part is the total fund balance, is revenue versus expenditures, commends Staff for not rushing
to spend at the end of fiscal year, do look at encumbrances and bring to Council every year, biggest
difference was that so many things were completed. The City Manager stated total revenues versus
expended is less than $200,000, less than 1% variance. Ms. Edge stated for the first time sales tax
revenues were down last year.
Ms. Edge continued with her PowerPoint presentation and stated due to the release of assigned fund
balance $1.4 Million, the Multi-Year Plan shows in order to maintain current service levels will have to ,
have alternative revenues to maintain service levels, plan indicates can maintain 90-day reserve intact
through Fiscal Year 2014-2015, with current projections and assumptions no new Decision Packages are
funded in the five-year plan. Staff is seeking Council's guidance on the tax rate, input on existing and
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' alternative revenues, budget development, and review and establish service levels.
Councilmember McGinnis asked if growth rate of 2% was used in planning, and Ms. Edge stated yes for
non-property value revenues, percentage is an average, population drives it, have not adjusted since
2009. Councilmember McGinnis stated he wants to make sure is a conservative number. Ms. Edge gave
examples of alarm permits that were new three years ago, drivers are based on population and other
things going on that may impact them. Councilmember McGinnis asked if are allowed to incentivize
departments saving money, and the City Manager stated no he has not seen as far as departmental
savings, has seen incentive plans based on ideas employees have brought in regarding savings;
Councilmember McGinnis stated the City should consider setting up an incentive program for next budget
cycle, and knows there is a lot of interest in Emergency Medical Service (EMS) charging, should
workshop item with those leaderships.
Councilmember Brown stated ambulance fees have been discussed with EMS and fundamentally is up to
them, has checked with other cities in other states and lots do a hybrid of charges.
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Mayor Holland opened the discussion regarding proposed amendments to Chapter 14 Substandard
Buildings and Structures.
Planning and Zoning Commission Chair Mark McLean opened the Planning and Zoning Commission's
portion of the joint discussion.
Assistant City Manager Morad Kabiri stated that Council denied the International Property Maintenance
Code (IPMC) and created a Planning and Zoning Commission (P&Z) subcommittee to evaluate the
Property Maintenance Code with the Substandard Structure Code to determine if there needs to be a
hybrid approach to adopting a code, what is the process currently in place. The P&Z subcommittee was
' formed consisting of P&Z members Mark Tibbitts, Chris Brown, and Jim Nye. The subcommittee has met
and worked with the City Attorney and Staff, and developed a recommendation based on changes in
State law and recent court cases. Major changes in the code relate to establishing the Zoning Board of
Adjustment and Appeals (ZBOA) to be the Building and Standards Commission, Council will no longer be
the governing body to evaluate hearings on demolition of a structure.
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Planning and Zoning Commission Chair McLean stated two members of the subcommittee were present
at the meeting, recommendation is a process to follow, supplants current Chapter 14 and brings the Cit�
into compliance with the State law. City Attorney Steve Weathered asked if a hurricane hit would Council
be prepared to listen to all the hearings, could be months of compliance hearings, other issue was to
retain flexibility and recommendation has that flexibility, lastly substandard structure building Chapter 14
borrows from Chapter 54, recommendation to go with ZBOA, can also enact civil fines for failure to
comply on an order given by the Building and Standards Commission.
Councilmember McGinnis asked how many cases come before the ZBOA now, and Mr. Kabiri stated two
to three annually, for this substandard subsection there have been zero in the last four to five years,
usually remedied with the property owner.
Councilmember Rockey stated most of the ordinance would be the standards, the City would go and
negotiate with the landowner for an acceptable solution, would come before ZBOA then only if a solution
could not be met. Mr. Kabiri stated yes will help determine whether or not a violation exists.
Councilmember Hill asked would the code give the building official the right to go into someone's house,
and City Attorney Weathered stated the inspector would have to show probable cause and get a warrant]
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Councilmember Hill stated he does not like the language in the recommendation about being able to tear
' down someone's house, has a problem tearing down someone's house. If there is a fire it takes six
months to get any money from the insurance company, if structure is torn down cannot prove a loss with
the insurance company, likes current code, Council should be cautious to make changes.
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Mayor Holland asked Staff if they were comfortable going into people's houses, and Community '
Development Deputy Director Frank Manigold stated no. The Mayor read from the wording in the
recommendation regarding inspecting a house to see if it is weather tight and waterproof. Mr. Manigold
stated typically in that situation would have to get an engineer's report to see if the structure was sound
and repairable. Mayor Holland asked whom the burden would be on, and Mr. Manigold stated the
resident. Mayor Holland asked about other conditions in any structure, and Mr. Manigold answered
usually the City tries to get with the homeowner to get it back in condition, if the banks owns the property
they are asked to secure the structure.
Assistant City Manager Morad Kabiri stated if it is the consensus of Council to only list what is on the
outside of the structure changes can be made. The general consensus of Council was yes.
Councilmember Enochs stated currently the process is driven by complaints, asked if the new process is
put in place would approach be different, and Mr. Kabiri stated the process would remain complaint
driven.
City Attorney Steve Weathered stated does not happen with lots of frequency but when is does it is tied to
a fire, flood, or major calamity and waiting on Federal Emergency Management Agency (FEMA) or
insurance assistance, homeowner usually invites inspector into house to assess damage.
Councilmember Scott stated if the direction of Council was only things determined to be in violation from
what can be seen from the street, there would not be an exclusion if someone wanted to invite an
inspector into their residence.
City Attorney Steve Weathered stated the one he is more concerned with is subpart three, which states a
violation of any building code that is enacted by the City, remainder is frankly what the trade has come up
with. '
Mayor Holland stated building codes change every three to four years and there are quite a few houses
that are not compliant with the current building code.
Councilmember Rockey asked who makes the decision to get a court order to go inside, and Mr.
Manigold stated currently it would be himself with Mr. Kabiri's consultation. Councilmember Rockey
suggested escalating the decision to the City Manager.
Assistant City Manager Morad Kabiri stated City Staff would still make recommendation but court would
still have to issue a warrant to enter the residence.
City Attorney Steve Weathered stated would have to go through formal request process that the police
currently go through.
Mayor Holland stated with the current Staff he would be comfortable.
Councilmember McGinnis asked in the court order process does the property owner have a say, and City
Attorney Arnold Polanco stated it is typically done without notice.
City Attorney Steve Weathered stated there is nothing that would stop a code enforcement official from
writing a citation and sending it to the court for a trial.
Councilmember Scott stated unless the ordinance states violations can only be made from what can be
seen from the street.
Community Development Deputy Director Frank Manigold stated the standard is if a violation can be seen '
with a direct path to the front door after a complaint then the process is started. Normally will not go
straight to court, give proper notification to the resident, homeowner or bank would be notified.
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Mayor Holland stated he would agree to numbers two, seven, eight, and thirteen.
Councilmember Hill reported that it also states the Fire Marshal can enter a residence, does not think the
Fire Marshal should be allowed unless there is a fire, could require building officials to be peace officers
like requirement for Fire Marshals.
Assistant City Manager Morad Kabiri stated is looking for direction from Council on how to proceed.
Councilmember Rockey stated he would like to hear the court order process. Mr. Kabiri responded there
is paperwork in backup material provided to Council that explains the process. Councilmember Rocket'
stated he would like to see it in the ordinance.
Councilmember Scott stated he agrees if a violation is noticeable from the street and if entry into the
residence is required, at that point the process to get a warrant is spelled out, concern is that if neighbor
is mad at the resident, makes a complaint, and City Staff is pressured to go into the residence witli
nothing visible from the street, does not agree with going through people's houses to find code violations.
Mayor Holland suggested change number three wording to conditions of any instead of conditions within.
Planning and Zoning Commission Chair Mark McLean stated if there is a code violation but not
dangerous to the public's health, safety, and welfare then it is not actionable. P&Z is willing to take
another look at the code if that is Council's consensus.
Mayor Holland stated people change positions and he has run into different cities with different
interpretations of code, would like to keep it simple.
P & Z Chair McLean stated one thing to keep in mind is this will accomplish giving the property owner
' protection and the statute brings the City under current law.
Chair Mark McLean adjourned the Planning and Zoning Commission's portion of the discussion to the
regular meeting in the upstairs conference room.
Mayor Holland opened the discussion regarding an amendment to the Zoning Ordinance requiring a fiscal
impact analysis for any requested zoning changes whether by zoning change, Planned Unit Development
or Specific Use Permit. Councilmember Brown stated she put this item on the agenda, was generated
after tensions from last meeting, would help Community and Economic Development Committee (CEDC)
and promote planning for the future, looking for Council's consensus on requiring a fiscal impact analysis
Councilmember Rockey asked if there are other cities that do this, and Councilmember Brown stated she
could locate samples and send to him.
Mayor Holland stated there are none in adjacent cities, this is particularly done in townships.
Councilmember McGinnis asked theoretically if a Wendy's wanted to open up, would the City ask for their
business plan and revenue projections and would competitors be able to see this. Councilmember Brown
stated yes, helps Staff plan the budget, is done all the time with economic incentives, one way to
encourage people to apply for economic incentives.
Councilmember Enochs stated he agrees with the recommendation, would give extra data to help whe�
faced with difficult decisions, and asked what the next step to move this forward should be.
Councilmember Brown stated she thinks CEDC and the Planning and Zoning Commission (P&Z) should
' discuss, and bring their recommendations to Council.
Mayor Holland stated if onus is put on the developer this is another hurdle for development.
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Councilmember Brown stated for example a woman wanted to open a design shop, that would be a '
simpler financial analysis than a Wendy's, business owner should have financial analysis anyway, would
help promote the financial impact for the applicant as well as the City.
Mayor Holland thanked all the entrepreneurs in Friendswood that have come into the City and tried to
make businesses work.
Councilmember Brown asked if there was consensus from Council to refer the item to CEDC and P&Z.
Councilmember Hill stated he would like to find out what is the cost for a financial analysis.
The majority consensus was to refer the item to CEDC and P&Z to discuss and bring a recommendation
back to Council.
SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS
City Manager Roger Roecker presented a Heroic Service Award to Friendswood Police Department's
Information Services Supervisor Kimberley (K.C.) Rodgers. K.C. has been with the City since 1998. In
December of 2012, K.C. went to her daughter's school to pick her up, while there K.C. heard the cries of
a student, when she responded to the students cries K.C. saw a gentleman slumped over in the driver's
seat of his car without a pulse, a nurse was nearby and had begun cardiopulmonary resuscitation (CPR),
K.C. called Emergency Medical Services (EMS) and took over CPR until medics arrived. K.C. was very
calm, knew what to do, handled the situation, and was able to keep the victim alive until EMS arrived to
take over and transport him to the hospital. The Heroic Service Award has only been presented three
previous times. The City Manager thanked K.C. for the heroism she demonstrated that resulted in saving
a person's life.
Councilmember Rockey asked if she has talked to the gentleman, and KC explained that she had visited '
with him.
Mayor Holland recessed the meeting at 6:55 PM and reconvened the meeting at 7:10 PM.
COMMUNICATIONS FROM THE PUBLIC
Friendswood Rotary Club President Alan Rasmussen addressed Council and stated the Rotary Club is
looking for a 2012-2013 new local service project, just finished a two-year project on the Rotary Pavilion
where the Rotary Club added a pergola, BBQ pits, painted signs, and installed banners. Rotary is a
philanthropic civic association and gave seed money for this project. The Rotary Club has been looking
for project ideas on Centennial and Stevenson Parks, heard about a splash park coming to Stevenson
Park and is looking to help pay for a shade shack or mini pavilion to go towards the project, currently has
$5,000 and the President-elect is looking for another$5,000 when their new fiscal year begins on July 1,
knows this project is not budgeted but the Rotary Club would like to contribute.
Deirdre Brown, Friendswood resident, stepped from the podium as Councilmember and addressed
Council and stated she has decided not to run for City Council and did considered it highly, did not
consider running for more than one term, has been a privilege to serve the residents, there has been one
overriding theme and it is who will represent them, does want people to feel there is someone they can
come to and hear them, one of the reasons she is not running is residents need to be showing Council
what they think, not just relying on one person to fight for an issue, Council should listen to anyone that
comes before them, planned to make a prepared statement but sees former Mayor David Smith and
former Councilmember Jim Barr present and it reminds her of April 2009 when she became involved in
the City, raised an issue on a local government code, was invited by the Mayor to speak in his office, and
at that point she was told she was on the black list and no one would ever listen to her, Council should '
listen to everyone that comes to the podium, e-mailed candidate Tawni Slaughter to pick up the issue of
Executive Sessions and has not heard back, honored and humbled to be standing here today.
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Carl Gustafson, Friendswood resident, addressed Council and stated he is running for Council Position
No. 6, is a resident of Forest of Friendswood, and has a wife, two daughters and a son. Works as a
project manager for a small engineering firm in League City, would like to be involved in serving the City!
will do his best and will represent all, looking forward to an exciting campaign and meeting with residents)
open to any comments or questions if residents have any issues, and thanked Council for the opportunity
to address Council.
Tawni Slaughter, Friendswood resident, addressed Council and stated she is running for Council Position
No. 6 in the May election, she and her husband have lived in Friendswood for 10 years and have three
wonderful kids, has served on boards at schools and volunteers at schools, thought it was time to step up
and serve the community.
Troy Elmore, Friendswood resident, addressed Council and stated he has been speaking for a while on
the Northfield Estates traffic issue, the City has been helpful with doing studies, adding stop signs, more
police presence, nothing has really worked, residents of Northfield Estates are asking the City to help in
alleviating the traffic or speed problem, please approve Agenda Item 12 regarding traffic issues in
Northfield Estates.
Barry Ferguson, Friendswood resident, addressed Council and stated there are about 150 kids below the
age of 10 in this neighborhood, apparent it is a thoroughfare, does not believe it will be a safety hazard to
block thru traffic, please alleviate the current traffic problem.
Justin Lacombe, Friendswood resident, addressed Council and stated regarding Northfield Estate's
please do not let us down, have tried to do all legal routes, as far as Homeowner's Association (HOA) it is
like fighting a monster, this is a safety issue for children, has a special needs child and sometimes cannot
stop his child, it is a matter of time before someone gets hurt.
' Kelly Kramer, Friendswood resident, addressed Council and stated she is a mother and resident of
Northfield Estates, is a safety issue over convenience issue, is not getting anywhere with HOA, needs a
temporary solution while working on a permanent solution, permanent solution should be to block off
Westward Lane, there is a constant movement of cars, works out of her home and cars are racing up and
down the street, do not observe speed limit and signs.
Travis Elam, Friendswood resident, addressed Council and stated he lives in Forest of Friendswood on
Northview Drive, lives at the stop sign and drivers do not pay attention to stop sign, not asking for there to
be no cars but if 1,000 are coming through could maybe divert half of them, families with young children
live there, moved there in December and knows from being outside can see traffic violations all the time,
would appreciate anything Council can do to help.
Lori Ferazzi, Friendswood resident, addressed Council and stated she would like to address the volume
of traffic and speed, lives on Mary's Creek Lane and has a son with Down's Syndrome, did not just jump
on the bandwagon for the last two months but for three years, have done many things to try to alleviate
the problem, and is asking Council to consider blocking off Northfield Estates. I
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
Kevin Sanford, Certified Public Accountant with Weaver and Tidwell, L.L.P., presented the 2012
Comprehensive Annual Financial report(CAFR).
Community and Economic Development Committee (CEDC) member Jeremy Magnuson gave a report on
FM 528 strategy. He stated CEDC is focusing heavily on FM 528, will be working with Keep Friendswood
Beautiful (KFB), the Parks and Recreation Board, and Planning and Zoning Commission for input, looking
' to designate certain areas of FM 528 that are the most desirable for development, see what is needed as
far as infrastructure. The committee discussed the Gardens at Friendswood project, Planning and Zoning
Commission had a concern about downzoning, CEDC does not recommend the downgrade, if the City
takes steps to downzone should do an economic impact prior to making the decision, does nothing for the
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03/04/13 4093
City, have 39,000 residents in the City and CEDC represents all, by changing this property from
commercial to residential does nothing to help with the commercial to residential ratio, very limited space '
on FM 528 for development, FM 528 backs up to residential, have to look at what represents the City as a
whole, trying to bring in businesses that will have a higher tax base.
Planning and Zoning Commission Chair Mark McLean gave the annual report. Chair McLean stated he
would like to thank the other Planning and Zoning Commission members, have an excellent commission
with these people, feels fortunate to have these gentleman working with him, most issues are well thought
out and vetted before bringing to Council, thanked City Staff Mona Miller and Aubrey Harbin for the work
they do for the commission. The Planning and Zoning Commission (P&Z) did quite a few commercial site
plans over the past year, made two recommendations for Special Use Permits (SUP), conducted 23
regular and special meetings during the year, made amendments to the Zoning Ordinance, Subdivision
Ordinance, and Sign Ordinances. P&Z also discussed vested rights, Single Family Residential Estate
Zoning, rewriting of the Zoning Ordinance, building facades, and personal care facilities. The commission
had two subcommittees throughout the year that discussed parking and Property Maintenance Code.
Chair McLean thanked Council and told them how much he appreciates their service. Mayor Holland
asked Chair McLean to echo those comments to the Planning and Zoning Commission.
CITY MANAGER'S REPORT
City Manager Roger Roecker reported that in January Council accepted improvements associated with
the Fire Station No. 3 Rehabilitation Project into the contractor's one-year maintenance period. This effort
was funded through a combination of Disaster Recovery funds from the State, as well as General Fund
dollars from the City. Improvements to the station included installation of a natural gas generator to
supply auxiliary power, replacement and hardening of the roof, interior rehabilitation of ceiling, walls and
doors, flooring replacement, replacement of the HVAC System, Americans with Disabilities Act (ADA)
accessibility improvements, hardening of doorways and windows, mold remediation, extension of all three '
apparatus bays, and improvements to the restroom, shower, and kitchen facilities. The station is
currently occupied and operations by the Friendswood Volunteer Fire Department have resumed. A
Grand Re-opening Ceremony for Fire Station No. 3 has been scheduled for, March 23, 2013, at 11:00 AM
at the station which is located at 4302 Laura Leigh.
The City Manager reported the Insurance Service Office (ISO) with the Texas Department of Insurance
conducts community reviews every 10 years to reflect a community's local fire protection for property
insurance rating purposes. The ISO rating helps establish appropriate fire insurance premiums for
residential and commercial properties. The ISO rating of a community has a direct effect on insurance
premiums individuals pay on their homes, but more specifically on commercial buildings. The lower the
ISO rating on a scale of one to ten, the better the insurance rates are. The ISO reviews three areas
primarily the Fire Department and Fire Marshal's Office, the City's water main and hydrant capabilities,
and 9-1-1 dispatch services. The City of Friendswood's current ISO rating is three. This rating is
comparable to the ratings within the county and adjoining communities and their fire departments. In
February 2013, a team of ISO Field Representatives returned to the City to inspect 35 properties to
determine the status of their fire protection systems. These inspections were a follow up to the survey
conducted in December 2012. Although the final determination of the most recent inspection is not
expected for several months, preliminary results indicate Friendswood's ISO rating will remain at three.
The City Manager reported that the Friendswood Municipal Court has received the Texas Municipal
Traffic Safety Initiative Award. Friendswood was one of 18 Cities in the State to receive the recognition.
The Texas Municipal Court Education Center (TMCEC) sponsors a Municipal Traffic Safety Initiative
program each year in order to encourage City government and the court system to make traffic safety a
priority. The Friendswood Municipal Court participated in this program, with the support of the judge,
City departments, and the Teen Court Program. The major projects the court completed included
participating in the state-wide Warrant Round-up, encouraging participation in Teen Court by speaking to '
the Friendswood Rotary Club, the Friendswood High School National Honor Society and Student Council,
and the Friendswood Chamber of Commerce, handing out safety materials to Cub Scouts and Boy
Scouts, displaying safety messages in a new glass case in the court lobby, participating in the "Shattered
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03/04/13 4094
Dreams" program through the Friendswood High School, and participating in the Police Department's
' Blue Santa Program. A notebook, with exhibits, was submitted to TMCEC for consideration of the
Municipal Traffic Safety Initiative Award. Friendswood Municipal Court will be recognized by TMCEC ai
the annual Traffic Safety Initiative Conference in April 2013, to be held in Austin. Through a grant offered
by the Texas Department of Transportation, the registration, housing, meals and transportation will be
provided for two of the Cities clerks to attend the conference.
The City Manager stated the City is currently participating in the Warrant Roundup Program, fourth year
to participate, is a joint effort by Municipal Court, Fire Marshal's Office, and Police Department to resolve
outstanding warrants, not an amnesty program.
ACTION ITEMS
**Councilmember Brown moved to request the City Attorney draft a proposed amendment which plainly
and clearly allows for Executive Sessions without any concerns regarding provisions related to al
meetings found in the Charter.
Seconded by Councilmember McGinnis. The motion failed 2-5 with Mayor Holland and Councilmembers
Hill, Enochs, McGinnis, and Scott opposed.
i
Mayor, Council, City Attorney, and Staff held a lengthy discussion regarding differing opinions on why the
Charter does not apply to Executive Sessions, Council could file a declaratory judgment action, per State
law Charter can only be amended every two years, Charter does not state the Executive Sessions are not
allowed. State law has spoken on minutes regarding Executive Sessions, can have a certified agenda or
recording. The previous Charter Review Committee reviewed all portions of the Charter. There was
clarification on the motion that the City Attorney would draft a ballot to bring back to Council for
discussion.
' Councilmember Scott called the question. The vote to call the question was approved 6-1 with
Councilmember Brown opposed.
**Councilmember Enochs moved to approve the appointment of Chris Chism and Frank Garza to the
Keep Friendswood Beautiful committee with terms to expire November 2015; appointment of Tara
Corbett to the Fourth of July Steering Committee with a term to expire November 2014.
Seconded by Councilmember Rockey. The motion was approved unanimously.
**Councilmember Hill moved to amend the traffic calming policy to allow for use of temporary speed
humps where it is directed by Council.
Seconded by Councilmember Rockey.
***Councilmember Hill moved to amend the main motion to amend the traffic calming policy to allow for
speed humps and/or a 911 gate in Northfield Estates.
Seconded by Councilmember Rockey.
****Councilmember Brown moved to amend the main motion to allow for installation of temporary planters
for six months with the Homeowner's Association approval.
Seconded by Councilmember Scott.
*****Councilmember Brown amended her amended motion to allow temporary planters for a six month
evaluation period.
Seconded by Councilmember Scott. The motion to amend was approved 5-2 with Councilmembers Hill
and Enochs opposed.
' The amended main motion, as amended, was approved 5-2 with Councilmembers Hill and Enochs
opposed.
Mayor, Council, and Staff held a lengthy discussion regarding traffic issues in Northfield Estates, a brief
03/04/13 4095
history of the Northfield Estates traffic issue was given, purposed solutions were discussed, temporary
speed humps, 911 gates, and temporary bollards or planters. Traffic counts have been done, studies '
show the average speed has been 22 miles per hour, speeding is not the issue at hand it is the number of
cars traveling down the roadway each day. The City is potentially opening the door for other requests
throughout the community. The Homeowner's Association (HOA) survey showed a majority of Northfield
Estates residents preferred planters as a resolution. If the issue is left up to the HOA, a decision will not
happen, Council will have to take unilateral action on all residents. Clarification was made that the
temporary planters would be placed on Westward Lane, where funding for the planters would come from,
and what would be the threshold for success.
*Councilmember Brown moved to prohibit implementation of any parks projects in Imperial Estates until
the litigation is resolved.
Seconded by Councilmember McGinnis. The motion was approved 4-3 with Councilmembers Rockey,
Enochs, and Scott opposed.
Mayor and Council held a discussion regarding City Staff moving forward with any parks projects in
Imperial Estates until litigation is resolved.
Councilmember Rockey left Council Chambers at 9:12 PM.
*`Councilmember Hill moved to approve Assignment and Assumption Agreement with Severn Trent for
the Water Meter Reading contract originally awarded to SouthWest Water Company(SWWC).
Seconded by Mayor Holland. The motion was approved 6-0 with Councilmember Rockey absent from
Council Chambers.
RESOLUTIONS
**Councilmember Scott moved to approve Resolution No. R2013-04 - A resolution of the City of '
Friendswood, Texas, Galveston/Harris counties, endorsing the appointment of(1) one new member to a
thirteen member board to the Galveston County United Board of Health. Tim Rainey from the Village of
Tiki Island was endorsed.
Seconded by Councilmember Hill. The motion was approved 6-0 with Councilmember Rockey absent
from Council Chambers.
**Councilmember Hill moved to approve Resolution No. R2013-05 - A resolution of the City of
Friendswood, Texas, authorizing aerial spraying over Friendswood by the Galveston County Mosquito
Control District for the County-Wide Mosquito Control Program.
Seconded by Councilmember McGinnis. The motion was approved 6-0 with Councilmember Rockey
absent from Council Chambers.
Councilmember Rockey returned to Council Chambers at 9:15 PM.
Councilmember Enochs left Council Chambers at 9:15 PM.
ORDINANCES
**Councilmember Hill moved to approve the Second and Final reading of Ordinance No. 2013-02 - An
ordinance approving a vacation of a public easement situated on property located at 1310 Steele Drive,
Friendswood, Texas; authorizing the Mayor to execute and the City Secretary to attest a Quitclaim Deed
by and between the City and Jon S. and Shelley Skeele.
Seconded by Councilmember Scott. The motion was approved 6-0 with Councilmember Enochs absent
from Council Chambers.
**Councilmember Scott moved to approve the Second and Final reading of Ordinance No. 2013-04 - An '
ordinance amending Appendix C of the Code of Ordinances of the City of Friendswood, Texas, Appendix
C being the Zoning Ordinance of the City, by changing the zoning classification for 1109 Cowards Creek
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Drive, a 1.52 acre tract out of Lots 1 and 3, Block G, Central Park Subdivision, Friendswood, Galveston
' County, Texas, from Single - Family Residential Dwelling District (SFR) to Single — Family Residential
Estate Dwelling District (SFR-E); providing for an amendment of the City's Official Zoning Map; providing
for a penalty in 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 6-0 with Councilmember Enochs
absent from Council Chambers.
**Councilmember Scott moved to approve the Second and Final reading of Ordinance No. 2013-05 -An
ordinance amending Appendix C of the Code of Ordinances of the City of Friendswood, Texas, Appendix
C being the Zoning Ordinance of the City, by changing the zoning classification of a .4821-acre tract of
land, located at 307 E. Edgewood Drive, Lot 4, Block 9 Friendswood Subdivision out of the Sarahl
McKissicklV.P. Williams League, Galveston County, Texas; providing for the granting of an amendment to
the Specific Use Permit (SUP) approved by Ordinance 2011-18 on May 5, 2011, to allow the additional
use of the property for NAICS Use#442—"Furniture and Home Furnishing Stores", and further subject to
the prior regulations, restrictions, and conditions of Ordinance 95-1, adopted on January 23, 1995,�
establishing the Planned Unit Development (PUD) for the use of the subject property; providing for
amendment of the Official Zoning Map; providing a penalty in an amount not to exceed $2,000 for each)
day of violation of any provisions hereof; and providing for severability. (Amended 2/4/13 on First
Reading)
Seconded by Councilmember McGinnis. The motion was approved 6-0 with Councilmember Enochsl
absent from Council Chambers. i
**Councilmember Rockey moved to approve the First and Final reading of Ordinance No. 2013-07 -An
ordinance amending City of Friendswood, Texas, Ordinance No. 2012-26, passed and approved October
1, 2012, same being an ordinance approving and adopting the City's General Budget for Fiscal Yearl
' 2012-2013 by approving "Budget Amendment V" to the "Original General Budget of the City off
Friendswood, Texas, for the Fiscal Year 2012-2013"; providing for supplemental appropriation and/or
transfer of certain funds; providing for severability; and providing other matters related to the subject.
Seconded by Councilmember Hill. The motion was approved 6-0 with Councilmember Enochs absent
from Council Chambers.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Brown stated she provided to Council in agenda backup documents the Attorney
General's Easy Guide to procurement appropriation and/or transfer of certain funds. The Senior Center is
having their Spaghetti Luncheon on March 14.
Councilmember McGinnis stated he was able to attend the Bets for Pets Casino Night put on by the
Friendswood Animal Advocates, was a resounding success and hope they made a ton of money, great
model for other citizens groups to emulate their love for their aspect of the City of Friendswood.
Councilmember Enochs returned to Council Chambers at 9:21 PM.
Councilmember Rockey stated he attended the gala and has a picture of the Mayor with a clown nose,
attended casino night and got schooled by a Blackjack dealer. A friend of his by the name of David
Perdum owns horses and he and his wife teach kids to ride. A couple of weeks ago, Mr. Perdum's wife
was kicked in the gut by one of the horses, and Mr. Perdum reported he thought it was under a minute for
the Friendswood Emergency Medical Service (EMS) personnel to show up. EMS called Life Flight and
took her to Hermann Hospital and she had sliced her small intestine in half so they saved her life.
Mayor Holland stated he enjoyed the gala, first time to attend, was a good cause, always wondered how
' to do something extra for the teachers.
Councilmembers Hill, Enochs, and Scott stated,they had no reports.
03/04/13 4097
CONSENT AGENDA
"Councilmember Enochs moved to approve the item on the Consent Agenda as presented: A. Accept '
January 2013 Property Tax Report.
Seconded by Councilmember Rockey. The motion was approved unanimously.
CLOSED EXECUTIVE SESSION
"Councilmember Hill moved to go into Executive Session to consult with the City Attorney.
City Attorney Arnold Polanco asked if the Executive Session would be under Section 551.071,
Consultation with Attorney to receive legal advice.
Councilmember Hill clarified to receive legal advice on past and present litigation.
City Attorney Arnold Polanco asked if it was related to anything on the agenda, and Councilmember Hill
stated Imperial Estates. The City Attorney asked,if it was regarding Agenda Item 13 which is discussion
and possible action regarding prohibiting City Staff from going forward with any parks projects in Imperial
Estates which were identified in what has been termed "Scenario 1", as well as any other projects not
specifically budgeted for in the 2013-2014 budget without an express vote by Council for the specific
project.
Councilmember Brown made a Point of Order.
Mayor Holland denied Councilmember Brown's Point of Order.
Councilmember Brown stated she would like to appeal to the rest of Council. '
"Mayor Holland asked for a vote to uphold his decision regarding Councilmember Brown's Point of
Order. The Mayor's decision was upheld with a vote of 6-1 with Councilmember Brown opposed.
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 contemplated litigation; a settlement
offer; or a matter in which the duty of the attorney requires it.
RECONVENE INTO OPEN SESSION
Council reconvened into Open Session with no action taken later in the meeting.
The meeting was adjourned at 9:35 PM.
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Mayor Kevin and
Attest:
FRIE/y S
Melinda Welsh, TRMC �* '
City Secretary
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