HomeMy WebLinkAboutCC Minutes 2004-11-01 Regular 11/01/04 2236
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
NOVEMBER 01, 2004 )(
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
' MONDAY, NOVEMBER 01,2004 AT 4:30 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS,910
S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT
CONSTITUTING A QUORUM:
MAYOR KIM BRIZENDINE
MAYOR PRO-TEM JERRY ERICSSON
COUNCILMEMBER LAURA EWING
COUNCILMEMBER TRACY GOZA(left at 5:15 PM)
COUNCILMEMBER DAVID SMITH
COUNCILMEMBER MEL MEASELES
CITY ATTORNEY LOREN SMITH
CITY MANAGER RON COX
CITY SECRETARY DELORIS MCKENZIE
Councilmember Kimmel was absent from the meeting.
4:30 PM—WORK SESSION
Discussion was held regarding Governance Model for Committees. Mayor Brizendine stated he believes term
limits for Committee Chair are good and asked for Council's thought process on exceptions. Councilmemberl
Measeles stated he agrees with term limits for Chair but no term limits for committee members
Councilmember Smith stated he has mixed emotions and is shocked every time he learns of 20 or 35 years of
service on one Board which he expects is more the rule than the exception, there is a danger associated for
someone appointed or elected for a long period of time, on the other side is a loss of history, much can be
' lost,tend to be more in favor of term limitations,strongly agrees with Chair limitations with a mandate,need a
process in place for replacement. Councilmember Goza stated he agrees with Councilmember Smith who
brings up a good point, putting limits may be good for a change after a long term of service,possibly 10 years,
other members learn from tenured members, rotating Chairs are very important. Councilmember Ericsson
stated he is probably not in favor of term limits for committee members but is in favor of term limits for Chairs,
if someone is not doing well than we need to step up to the plate and remove them. Councilmember Ewing
stated there is a distinction between A and B committees, distinction on the impact that they have, expertise
we expect them to have, need to be knowledgeable,supports long terms,A committees it appears that fewer
people move off, B level, Staff support but a little different than level A,different relationship, possibly look at
no limits for the B boards, and regarding Chairs, thinks a two-year limit but allow the B committee long term
limits, long term difference between A and B and two-year terms for Chairs for A group. The Mayor stated to
possibly review the members at the end of the two years and put the names back in the file with other
applications. Councilmember Goza stated the current is a process as the Mayor states we use now. The
Mayor stated for appointments he reviews process with lists, applications, attendance and performance. He
further stated another driving force over the last two years is looking for more representation on Hams County
side of the City, the reviews are more of an educational process, more of a transfer of information, think we
are strengthening up existing policy. Councilmember Smith stated some of Council are strong proponents of
process and would ask for input from Mayor as to insight,would want to continue this subject in order to have
a process in place 10-15 years. The Mayor stated we are trying to set up a process that will create more
1
11/01/04 2237
leadership, comprehensive make-up of committees, two-year term limitations for Chairs, how to encourage
more and more people to participate in this volunteer role, ask City Manager and City Secretary to prepare a
written process. The City Manager asked if the consensus of Council was to have term limits. The Mayor
suggested 10-year limits and then applicant goes back into process for consideration. Councilmember Smith
stated he liked the idea of difference between B committees. Councilmember Ewing stated process of
reappointments,for B group as more casual. Councilmember Smith stated they were gravitating to a better
understanding of the process. The Mayor stated the need to shore up in written format for process for '
Council's understanding, more concerned with A group and bring back a written process for Council, better
understanding. City Manager Ron Cox presented a process for taking the governance agenda to the
committee,statement of core values,Council philosophy, Council guiding principals, Council vision, mission,
goals, Vision 2020, Code of Ethics, Council liaisons with Council concurring guiding principles for public
service. Councilmember Smith stated this is very clarifying, provides understanding and establishes
guidelines. Councilmember Ericsson stated that new committee members coming in, helps them to
understand expectations, allows them to absorb the process of conduct, to better understand the role of this
committee, to serve as advisory committee. Mayor Brizendine asked about the question "who do you
represent"? Councilmember Smith suggested change first sentence to act in the best interest of the City by
adding in conjunction with City Council's goals and vision. Councilmember Measeles asked are we asking
them to be a rubber stamp of Council? The Mayor stated absolutely not,we want them to be involved, need
direction for committee liaison members,serve as information gather and transfer,that is the committee roles,
Council has the ultimate authority. Councilmember Measeles stated we need to transfer this information to
the committees. Councilmember Smith stated this governance agenda will help committees to understand
their roles and that Council respects objective opinions from committee members. The Mayor stated the
statement to consistently demonstrate respect to Staff is important, if this respect does not occur, the
committee member will meet with the Mayor with written documentation, if disrespect continues, Mayor will
bring to Council for removal and will ask Council to support the process. Councilmember Measeles stated this
should be in the policy. Councilmember Smith stated this should be applied to all committee members. The
City Manager stated will firm up the governance agenda with written documentation and how process will
work.
Councilmember Goza left at 5:15 PM.
Discussion was held regarding proposed changes to the Solicitor's Ordinance. City Attorney Loren Smith
presented a brief overview of the proposed changes and reasons why the changes are needed, presented a ,
PowerPoint presentation and outlined today's situation,equal protection guarantee and State law,two options
for regulating solicitors, prohibited conduct,a recommendation,and next steps. He stated that this discussion
was prompted by a lawsuit filed against Chief Daniel (LCPD) and Galveston County District Attorney, Kurt
Sistrunk by the Houston Chronicle, unequal protection alleged relating to charitable and non-charitable
solicitors, June 2002 U.S. Supreme Court ruling, City ordinance contains provisions that offer unequal
protection, Equal Protection Guarantee,Article XIV, Section 1 states thatAll persons bom or naturalized in the
United States,and subject to the jurisdiction thereof,are citizens of the United States and of the Statewherein
they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens
of the United States; nor shall any State deprive any person of life, liberty,or property,without due process of
law; nor deny to any person within its jurisdiction the equal protection of the laws. 552.007 Solicitation by
Pedestrians(a)A person may not stand in a roadway to solicit a ride,contribution, employment,or business
from an occupant of a vehicle, except that a person may stand in a roadway to solicit a charitable contribution
if authorized to do so by the local authority having jurisdiction over the roadway(c) ..."charitable contribution"
means a contribution to an organization defined as charitable by the standards of the U.S. IRS. He further
stated that two options for consideration are to require permitting and regulation of all charitable and non-
charitable solicitors,end requirement for solicitor permits,stated that prohibited conduct:Public places,Time,
Locations protected by signs and Frequency of solicitations. The recommendation is to end the requirement
1
11/01/04 2238
for solicitor permits, emphasize the posting of"No Solicitation"signs at businesses and residences, develop
standard signage and provide to residents and businesses at cost, prohibit all solicitation on public roadways
due to safety concerns for pedestrians and motorists.
Discussion was held regarding the Storm Water Management Plan. Deputy Director of Community
Development Dan Johnson presented an overview and a PowerPoint presentation with background and stated
on April 14, 2003 Charlie Beere with SCL Engineering presented the Storm Water Management Plan to
Council and identified the 4 steps for adoption and implementation,completed draft of our plan for compliance
with EPA/TCEQ mandates and asked"Where do we go from here?"obtain general permit from TCEQ,adopt
ordinances,adopt funding method, implement program and then asked"Where are we now?",EPA mandate
became effective March 2003, the City of Friendswood developed our Storm Water Management Program
(SWMP) in April 2003,we are ready to submit to TCEQ, TCEQ has yet to formally issue its general permit,
Cities are individually responsible for implementation of their SWMP at this time, Cities have 5 years for
complete implementation SWMP, describes Best Management Practices(BMPs)that address six Minimum,
Control Measures(MCMs), proposes measurable goals associated with the BMPs,then outlined a time line of;
implementation starting with minimum control measures, public education and outreach, public involvement,
and participation, illicit discharge detection and elimination,construction site storm water runoff control, post
construction storm water management, pollution prevention/good housekeeping for municipal operations
regarding public education and outreach the City's Plan of Action:display storm water information on the City's
web page, develop and distribute educational material, develop and distribute brochures for commercial)
industrial and construction activities, regarding public participation and involvement the City's plan of action
form an Advisory Committee, participate in public outreach events, provide volunteer opportunities,regarding
the illicit discharge detection and elimination the City's plan of action:develop a storm sewer map of all ouffalls
and of all receiving waters, develop and implement ordinance for illicit discharge and elimination,develop and
implement illicit discharge plan, inspection program for regulated industry, regarding construction site storm
water runoff control the City's plan of action: develop and implement ordinance for erosion and sediment
control and controls for other wastes at construction sites, construction site inspection program and
enforcement of control measures,develop and distribute information regarding requirements for construction
site storm water controls, regarding the post-construction storm water management in new development and
redevelopment the City's plan of action:develop and implement ordinance for post-construction runoff control,
integrate post-construction requirements into construction site plan review and inspection program,regarding
pollution prevention/good housekeeping for municipal operations the City's plan of action: provide spill
response and prevention training to City personnel, evaluate City operated facilities and make
recommendation for pollution prevention and good housekeeping procedures and asked"Where do we go
from here?". He answered to obtain general permit from TCEQ,adopt ordinances,adopt funding method,and
implement program.
7:00 PM—REGULAR SESSION
The Invocation was given by Pastor Mike McAlister from Friendswood Church of Christ.
Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas.
COMMUNICATIONS FROM THE PUBLIC
No one spoke.
I
11/01/04 2239
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
The annual report from Friendswood Historical Society was given by President, Evelyn Newman, who
introduced Directors and members of Historical Society and gave an overview of the annual report.
The annual report from Bay Area Houston Economic Partnership was given by President, Jim Reinhartsen,
who gave an overview of the report and presented a DVD presentation that will be shown on Continental
Airlines for a specific time, stated a one-year contract would be voted on later in the agenda.
The annual report was given from Delinquent Tax Attorney Robert Mott who gave an overview of the report.
CITY MANAGER'S REPORT
On Monday, October 18, the Federal Emergency Management Agency(FEMA) released preliminary Flood
Insurance Rate Maps(FIRMS)for all of Harris County. These maps were developed by FEMA and the Harris
County Flood Control District as part of the Tropical Storm Allison Recovery Project(TSARP). The release of
the preliminary FIRMS begins the official FEMA public review process that will ultimately result in the FIRMs
being finalized and adopted in late 2005. The City of Friendswood's current effective FIRM is a citywide map
and not a combination of county maps. Therefore, we have been informed by FEMA that the information on
the new Harris County map can be used for informational purposes only, regarding the City of
Friendswood. Further,we have also been informed that our flood insurance rates will not be affected within
the city limits because our existing FIRM panel will remain our effective floodplain map. In short,there is no
action required by FEMA at this time regarding the preliminary FIRMs in the City of Friendswood.
However, late next year,when the Harris County FIRMs are finalized,we can choose to adopt that portion of
the Harris County map that affects Friendswood-for permitting. According to FEMA, both maps should be
considered and whichever has the higher standard should be the one enforced. In the next few years,when
Galveston County is remapped into a county-wide format, then a decision will have to be made to include
Friendswood entirely on the Galveston County map or split the community between Galveston and Harris
County.
City Manager Ron Cox announced that he is celebrating his 14-year anniversary today with the City of
Friendswood. Population has grown by 50%since he has been here. Most City Managers usually spend 3-5
years in one location before moving on and starting over again. He has had the rare opportunity, by national
and state standards, to be in the same place and not having to start over on a regular basis. Thanks to
current and past Mayor and Councils for the opportunity for having been here. Particular thanks goes to City
Staff for their participation in this process and they are a wonderful bunch of professional people.
Administrative Services Director Roger Roecker, City Secretary Deloris McKenzie and Community Services
Director Jon Branson were here when he came and it is a testimony to them that they are still here because
without them he would not be here. He can tag along with people that are as good and as brilliant as they are.
The key is that they are good and nice people can get more accomplished than any well educated person can
and these people are both nice people and well educated so I thank you all for the last 14 years in the City of
Friendswood.
Mayor Brizendine stated that City Manager Ron Cox is the glue that keeps everyone together, is focused and
moving forward and thanks and appreciates him and the history and knowledge he brings to the job.
11/01/04 2240
RESOLUTION
**Councilmember Ericsson moved to approve Resolution No.R2004-24—A Resolution of the City Council of
the City of Friendswood,Texas,adopting a schedule of fees reflecting a 7.27%increase for a two-year period
for Solid Waste Disposal Services with IESI, Inc.
Seconded by Councilmember Smith. The motion was approved 5-0.
ORDINANCES
**Councilmember Measeles moved to approve the First reading of Ordinance No. T2004-21,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,
providing in the Permitted Use Table contained in Section 7-P adding to said Permitted Use Table a new use
Category 53113, entitled "lessors of miniwarehouses and self-storage units," may be allowed in the
Community Shopping Center ("CSC") District, the Neighborhood Commercial ("NC') District, the Local
Neighborhood Commercial ("LNC") District, the Business Park ("BP") District, and the Planned Unit
Development("PUD") District pursuant to a Specific Use Permit, use shall be allowed in the Light Industrial
("LI")and the Industrial("I") Districts, and use shall not be permitted in the Office Park District("OPD")or the
Original Business District("OBD"); providing 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 Ewing.
**Councilmember Measeles moved to amend the main motion to allow the use in CSC, NC, BP,OBD, PUD-
Mixed Use, BP, LI and I all allow in district PUD only pursuant to a specific use permit.
Seconded by Councilmember Ericsson. The motion to amend the main motion was approved 5-0.
**The main motion, as amended, was approved 5-0.
**Councilmember Smith moved to approve the Second and Final reading of Ordinance No. T2004-22, An
ordinance amending Appendix C of the Friendswood City Code, said Appendix C being City of Friendswood,
Texas, Ordinance No.84-15,as amended, originally adopted the 19th day of November 1984,and being the
Zoning Ordinance of the City, by changing the zoning classification of a certain tract of land totaling 1.445
acres from Single-Family Residential(SFR)to Office Park Development(OPD),such tract being a portion of
unrestricted Reserve"B"along Friendswood Lakes Boulevard, Friendswood Lakes Subdivision, Section 1,
Galveston County, Texas, and within the city limits of the City; providing for the amendment of the City;s
official zoning map; providing for severability; and providing a penalty in an amount not to exceed$2,000 for
each day of violation of any provision hereof.
Seconded by Councilmember Ericsson. The motion was approved 5-0.
**Councilmember Ericsson moved to approve the Second and Final reading of Ordinance No.T2004-23,An
Ordinance amending the Code of Ordinances of the City of Friendswood,Texas,by deleting therefrom Section
74-1 in its entirety and by adding a new Section 74-1 to prohibit unreasonable acceleration on the highways,
streets and roads within the corporate city limits of Friendswood; providing a penalty of an amount not to
exceed $1,000.00 for each violation of any provision hereof; providing for severability; and repealing all
ordinances or parts of ordinances inconsistent herewith.
Seconded by Councilmember Smith. The motion was approved 5-0.
**Councilmember Ewing moved to approve the First reading of Ordinance No. T2004-25, 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
11/01/04 2241
Ordinance of the City, by changing the zoning classification of a certain tract of land totaling 45.8541 acres
from Single-Family Residential (SFR) to Multi-Family Residential—Garden Homes(MFR-Garden Homes),
such tract being known as Tract 2 out of the John Dickinson Survey,in the City of Friendswood,Hams County,
Texas,within the city limits of the City;providing for the amendment of the City's Official Zoning Map;providing
for severability; and providing a penalty in an amount not to exceed $2,000 for each day of violation of any
provision hereof.
Seconded by Councilmember Measeles. The motion was approved 5-0.
**Councilmember Measeles moved to approve the First reading of Ordinance No.T2004-26, An Ordinance
amending Appendix C of the Friendswood City Code, said Appendix C being City of Friendswood, Texas,
Ordinance No.84-15,as amended,originally adopted the 19th day of November 1984, and being the Zoning
Ordinance of the City, by changing the zoning classification of a certain tract of land totaling 45.8541 acres
from Multi-Family Residential—Garden Homes(MFR-Garden Homes)to Planned Unit Development—Cluster
Homes(PUD-Cluster Homes),such tract being known as Tract 2 out of the John Dickinson Survey,in the City
of Friendswood, Harris County, Texas, within the city limits of the City; providing for the amendment of the
City's Official Zoning Map; providing for severability; and providing a penalty in an amount not to exceed
$2,000 for each day of violation of any provision hereof.
Seconded by Councilmember Smith. The motion was approved 5-0.
**Councilmember Smith moved to approve the First reading of Ordinance No. T2004-27, An Ordinance
amending the Code of Ordinances of the City of Friendswood, Texas by deleting Article IV of Chapter 54,
Sections 54-71 through 54-73, and replacing it with Article Vl, Sections 54-110 through Section 54-121,
adopting provisions relating to noise and sound level regulation control within the city limits of the City of
Friendswood; providing for maximum permissible sound levels and method of sound measurement;requiring
a permit for the use of outdoor sound amplification equipment; providing a penalty of not less than fifty dollars
($50.00)nor more than one-thousand dollars($1,000.00)for a first violation hereof;providing a penalty of not
less than one-hundred dollars($100.00)nor more than two-thousand dollars($2,000.00)for every subsequent
violation hereof within any twelve(12)month period; repealing Ordinance No.2001-07 adopted and approved
on the 19th day of February 2001, and all other ordinances or parts of ordinances in conflict herewith; and
providing for severability.
Seconded by Councilmember Measeles. The motion was approved 5-0.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Measeles stated he had no report.
Councilmember Smith reported that he would like to thank the City for allowing him to attend the annual Texas
Municipal League (TML) conference last week, was enlightening information and very informative.
Councilmember Ericsson reported he attended the Houston-Galveston Area Council(HGAC)meeting and got
information back on those looking at health insurance, stated he is Chair of the Audit Committee for HGAC,
and announced that the Galveston County Mayor and Council meeting is next Wednesday in Santa Fe.
Councilmember Ewing reported she attended several meetings, the Library would like to request capital
improvements, hats off to the Friendswood Historical Society members that put on the Heritage event last
weekend,attended TML, reported on a speaker that talked on futuristic planning, reminded everyone to vote
tomorrow at your polling places.
Mayor Brizendine reported he attended the Clear Creek Independent School District Red Ribbon week
breakfast along with a number of representatives, reported on two Friendswood peace officers,Officers Judy
11/01/04 2242
Pree and Doug Lauersdoph,who were recognized with Law Enforcement Awards for diligence and systematic
in compliance efforts with Texas Alcoholic Beverage Commission laws, attended the Main Street Steering
Committee meeting, Habitat for Humanity meeting, several Scout events,Hope Village tour,reported on long-
term volunteer and member, Chair and Co-Chair of the Planning and Zoning Commission,Tom Burke,who
tendered his resignation from the Planning and Zoning Commission,stated he will be hard to replace and the
City has benefited from his experience.
CONSENT AGENDA
*Councilmember Ericsson moved to approve the Consent Agenda as presented:A.Award of Bid No.2004-
12, and authorize Resolution R2004-26, A Resolution of the City of Friendswood, Texas, Galveston/Harris
Counties,designating the Official City Newspaper as the Reporter News. B.Authorize the Mayor to execute a
contract renewal with the Friendswood Historical Society. C. Authorize the Mayor to execute License
Agreements for the use of 13 Buyout Properties with Quakers Landing and Enchanted Woods Homeowner's
Associations. D.Authorize acceptance of the School Resource Officer Grant for the fifth year. E.Authorize
the Mayor to execute contract renewal with Bay Area Houston Economic Partnership. F. Authorize Banner
Permit Application from Friendswood Community Church for Christmas Eve Service. G. Report of Capital
Projects.
Seconded by Councilmember Smith.
"Councilmember Ewing moved to amended the main motion to approve only Items B through G.
Seconded by Councilmember Smith. The motion to amend the main motion was approved 5-0.
"The main motion, as amended, was approved 5-0.
"Councilmember Ericsson moved to Approve item A. Award of Bid No. 2004-12, and authorize Resolution
R2004-26,A Resolution of the City of Friendswood,Texas,"Galveston/Hams Counties,designating the Official
City Newspaper as the Reporter News.
Seconded by Councilmember Smith. The motion was approved 5-0.
A motion was made and approved to adjourn at 8:28 PM.
l�
Mayor Kimball W. Brizendi e
Attest:
Ddloris McKenzie, RMC
City Secretary
I
I