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Home My WebLink AboutCC Minutes 2022-12-05 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD DECEMBER 5, 2022 THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD MET IN A REGULAR MEETING ON MONDAY, DECEMBER 5, 2022, AT 6:00 P.M. IN THE COUNCIL CHAMBERS, FRIENDSWOOD CITY HALL, LOCATED AT 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING MEMBERS PRESENT CONSTITUTING A QUORUM: Trish Hanks Councilmember Steve Rockey Councilmember Sally Branson Councilmember Robert J. Griffon Councilmember John Scott Councilmember Brent Erenwert Mayor Pro Tern Mike Foreman Mayor Morad Kabiri City Manager Karen Horner City Attorney Leticia Brysch City Secretary 1. CALL TO ORDER Mayor Foreman called the meeting to order with a quorum present at 6:00 P.M.; all members were prescnt. 2. INVOCATION The invocation was led by Pastor Mike Cervantes with the New Hope Church of Friendswood. 3. PLEDGE OF ALLEGIANCE - United States and State of Texas Mayor Foreman led the Pledge of Allegiance of the United States and the Pledge to the State of Texas. 4. COUNCIL COMMENTS AND REPORTS Councilmember Rockey stated that it had been his honor to talk to the Cub Scout Pack, which was composed of about fifty children, their parents, and leaders about government, stewardship and what it was like to be on City Council He stated that they asked the greatest questions, one if which is how much money councilmembers get paid and noted how surprised they were when he told them nothing. Councilmember Rockey stated that he had a lot of fun and congratulated the pack leaders for their hard work and commitment to the kids. Councilmember Branson stated that the CEDC had their collaboration meeting with the FDEDC, the Chamber of Commerce, and FDFA to discuss two main ideas: (1) the consolidation of resources and information on economic development; and (2) consistent messaging. She noted that more meetings will be happening with this group, and she was very excited about their program. In regard to H-GAC, she noted that they will be having pop-up meetings across the 13 counties that make up H-GAC. She noted City Council Regular Meeting Minutes December 5, 2022 Page 2 of 19 that H-GAC wants to hear from the public on a myriad of transportation issues that impact the area. Councilmember Branson also noted that she will be running for re-election in May and appreciated everyone's support moving forward. Councilmember Hanks stated that in the past month she attended the third and last Town Hall meeting related to the design of what is now the old Fire Station's concrete slab at Stevenson Park. She stated that it was well attended, and she appreciated that the presentation included the comments from the previous two town hall meetings on this item and commended Assistant City Manager Steven Rhea and Director of Parks and Recreation James Toney for their work on this item. Councilmember Hanks also noted that she attended the Senior Citizen Volunteer luncheon this past week, which was lovely, and she got to interact with many wonderful people. Lastly, she noted that the Planning and Zoning Commission had its retreat this past week, and while they had accomplished a lot in the last year, they were ready to take on more in the next week. Councilmember Griffon stated that he too attended the Senior Citizens Volunteer Luncheon and enjoyed the event very much. He also wished everyone a Merry Christmas and was looking forward to his birthday in a few weeks. Mayor Pro Tern Erenwert stated that the Santa in the Park event was a great event with a lot of people and a lot of great activities. He congratulated the staff and volunteers that made the event so successful and enjoyable for everyone. He also wished everyone a Merry Christmas and Happy New Year. 5. PUBLIC COMMENT Ms. Connie Ratisseau requested to speak before the Council regarding drainage and asked how many homes are being removed from the area that was flooded in Harvey and how much money will be saved doing as a result. Mr. David Allen requested to speak before the Council regarding the SMITH-MUNDT Act, which prohibited Americangovernment funds from being used for propaganda on the American people and how. it has been removed; thus, he encouraged everyone to be weary and thoughtful about the information and propaganda they hear in the media. 6. WORK SESSION TOPICS A. Receive and discuss an update regarding the Drainage Update. Deputy Director of Engineering Samantha Haritos presented the item and showed the Council a map with the Ciry's existing flood control projects, which including Blackhawk Terracing, Whitcomb Detention Basin and Terracing, GCCDD's Three Detentions Ponds on City buyout lots, the Frenchman's Creek acquisition, the Forest Bend Detention, and FM 1959 Detention. Ms. Haritos noted that the Frenchman's Creek Green Space Project is moving along, and she thanked the Fire Marshals' Office for taking the lead in the property acquisitions related to this project. She stated that this project is a Community Block Development (CDBG) Grant from Hurricane Harvey Disaster City Council Regular Meeting Minutes December 5, 2022 Page 3 of 19 Recovery and noted that the monies have been used for the City to purchase Buildings 4 and 5 and on the County side, Buildings 2 and 3 closed at the end of November 2022. Ms. Haritos also noted that the owners of Building 1 have decided to sell which is great news and their expecting to close towards the end of December 2022 or January 2023. Once this happens the Homeowner's Association will transfer the title over to the City of Friendswood for the green space and then this project will be closed. However, there are still some components that need to happen like the demolition of the buildings, hydro -mulching, and the transfer of the title for the last building. Staff is hoping that this project will wrap up towards the end of Spring 2023, which will mark the first Community Development Block Grant Disaster Recovery - Hunicane Harvey Grant to close. As it relates to the Forest Bend Project, this is also a Community Development Block Grant Disaster Recovery - Hurricane Harvey Grant, and at this point in time, about 1100 cubic yards of material have been excavated from Ponds B and C, the installation of sidewalks are in progress, the electrical has been completed for the lighting, the gate and fence submittal was recently approved, and staff is waiting on additional funding in the amount of $320,000 from the General Land Office (GLO). Ms. Haritos stated that the latest information staff has on the additional funding is that Harris County is expecting to receive an amendment sometime in January 2023 or February 2023, once that happens the City will have to revise some of the paperwork for the money to be transferred over to the City. As it relates to the three detention ponds along Cowart's Creek, located at 301 and 310 W. Castlewood and 2 Queens Lane, at this point the fieldwork has been done, and a geotechnical engineer went out to study the area and there is now an initial design concept. She noted that two of the ponds are potentially going to be around 10 acre-feet, and the third one will be smaller, probably around five acre-feet in order to accommodate the existing disc golf course. Ms. Haritos further noted that the staff should receive the geotechnical report in the next couple of weeks; however, the hydraulics will continue to be in progress a little longer. Ms. Haritos stated that the FM 1959 Detention Basin Project is actually made up of three projects that were included in the interlocal agreement, one to the north, which is the FM 1959 Project, and two to the south related to the Whitcomb Terracing and Detention Project. Ms. Haritos noted that this is going to be somewhere between 1,000 and 1,800 acre-feet of an offline detention pond. She anticipated that the pond will probably be closer to a thousand acre-feet in size but noted that staff will not know the actual size until a year from now. Ms. Haritos noted that at this time, the interlocal agreement between all parties has been executed. The McDonough Engineering Corporation was selected for this project and approved by the Harris County Commissioner's Court on November 15, 2022. McDonough Engineering has started the preliminary engineering work and will hold a kickoff meeting with all parties in December 2022 or January 2023. Additionally, an engineering study related to the Wildlife Hazard Site mitigation has been completed, and staff is working on obtaining a copy so they can look at it, but there were still some small pieces that were pending completion. The Federal Aviation Administration requires projects that are within a 5-mile radius of an airport to ensure that there will be no impact to the bird pathways that could cause damage to air traffic. City Manager Morad Kabiri noted that for this interlocal agreement, the Harris County Flood Control District has been designated as the lead agency managing these projects; however, the City has some input, and while some of these requirements may seem ludicrous, they remain a requirement and must be done. City Council Regular Meeting Minutes December 5, 2022 Page 4 of 19 Mr. Kabiri also noted that staff is working closely with the State of Texas to secure an additional 10 million dollars in grant funds to help supplement those projects. Ms. Haritos stated that staff is working with the project manager from Hants County Flood Control District to discuss the official name for this project, that all the partnering entities can agree on. Ms. Haritos then went over the following payment schedule table for this project: Ms. Huitos stated that she wanted to go over the fmancials is because Engineering worked with the Finance Department to review potential financial impacts to the City's budget as it related to the debt service and tax rate for this project. Mayor Foreman asked what the total cost of the project is if the City of Friendswood is paying 8 million dollars for the FM 1959 project, and how much is each entity contributing. Ms. Haritos noted that if all three projects go into effect, it is 60 million dollars with the FM 1959 Project being around 32 to 38 million with Galveston County putting in 7.5 million, Harris County Flood Control District putting in over 13 million, and Galveston County Consolidated Drainage District putting in 3.75 million. Ms. Haritos also noted that staff had some very preliminary modeling done on this item and noted that if there was a seventeen -hundred -acre-foot detention pond constructed in this area, it would remove 40 homes from the 100-year floodplain. Mr. Kabiri expanded on Ms. Harito's comments and noted that the 100-year floodplain she was referring to is the Atlas 14, 100-year floodplain, which is the equivalent of the 500-year flood during the Hurricane Harvey timefiame. Mr. Kabiri also stated that in 2019 when the City went out for a bond election, the intent was to offer seed money that would allow for the City to partner with other entities to accomplish the greater flood mitigation effort and goal. Staff knew this type of mitigation was going to be a multi -year endeavor and would ultimately be a multi -bond election endeavor. The 52 million that was authorized by the voters was not going to fix the City's flooding issues in perpetuity; therefore, these are incremental improvements that will continually need to be pursued, and hopefully, along the way the City will continue to have the success of getting other partners on board, but it will continue to be an ongoing effort. Ms. Haritos stated that Finance made the following assumptions when looking at the impacts to the tax or the estimated debt service tax rate impact: the bonds would be issued in February of 2023; there would be a 30-year maturity stmcture; the interest late was assumed at 4.75%; and City Council Regular Meeting Minutes December 5, 2022 Page 5 of 19 • then there would be taxable assessed value growth of 3% between 23 to 24, 2% from 2025 to 26, 1 % from 2027 to 28, and zero -percent growth thereafter. Ms. Haritos stated that Finance noted that the markets are pretty volatile right now, so the information provided will probably not be the same moving forward. But generally, the impact noted in the yellow column is the tax rate per $100 of assessed value, and down at the bottom, you can see the tax rate increase is 0.015 per hundred, so it would be a 1,5 cents added to the tax rate or if the City doesn't want to adjust the tax rate, then $700,000 dollars would need to be moved from the General Fund to pay the principal and interest payments for the $30 million bond issuance. my or rr16M1d..Iood, re$d1 $52.1 \Illlbn In Gmer lUb111Pllon Hand - \'onnsber 2019 Bond I:levilon S9flraalM1 Snlurlal JO-lea1 nehl S1ru19ure I9k51'nr' A+z+M Tit ale 9n NM+ Tom 1�+: S.foA60.o10 1'ar SIV FAMAIN \'rlaallun Su%%o Tad A"Vsbk Oa Ued SnInlOU In+. 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T•v Ra1e IiM1r6v IV InsNJepMlsniMDV C65'sSnkl]OIVa, Snns SOu,Series2MKvb 555w N16A Ilsads9blAue gldb/Nallp's t\45rcttts Ma)SSVa S)Yem 1411ndudn Ne dsq smkel9hpidby Qec6)kU'uanwLsuM35V5r3>35an. Ms. Haritos also noted that staff has not looked at the resulting operation and maintenance costs for• these projects and how that will also impact the City's tax rate; i.e., mowing, and other types of maintenance. Mr. Kabiri further stated that this item is something that staff highlighted last month when discussing this interlocal agreement, and obviously, as the tax rate is the function of the values on the ground, if the values do what they have in the last few years, the City is not going to see a penny and a half increase in the debt service, but will most likely be something a lot less than that. However, regardless, these projects will impact the City's tax rate because additional funds will have to go towards paying the mortgage payments for the issued debt. Councilmember Scott stated that while he will not be on the Council for the next budget cycle, would prefer that the debt service be paid out of the General Fund even if it cuts into the City's operational expenditures. City Council Regular Meeting Minutes December 5, 2022 Page 6 of 19 Mr. Kabiri, responded to a question from Councilmember Hanks regarding the additional operational costs for the projects stated that the City of Friendswood has been designated as the operator and maintainer moving forward for each of the ponds in questions, and this will impact the City's budget, how much, at this time is unknown. Moving on to the next item, Ms. Haritos stated that staff had heard back from the Texas Department of Transportation (TxDOT) about the Soundwall at FM 2351. She stated that they thought that if they remove some of the lower portions of the wall it will help mitigate some of the water that pools at this location; however, their Engineering Department is still working through the details to see if it can be accomplished without damaging the integrity of the wall. Councilmember Scott stated that he is happy to hear that this is finally moving forward as the wall acts as a dam and keeps water from moving down stream, which was very evident during Hurricane Harvey. He noted that he felt that many of the homes in that area that flooded during Hurricane Harvey might have been spared had that wall not been there to back the water up. With no further comments, Mayor Foreman thanked Ms. Haritos for the report and commended the Engineering Department for their hard work on all of these very important projects. 7. CITY MANAGER'S REPORT A. Present an update Council candidate application and packet. City Manager Morad Kabiri presented the item and stated that the council candidate packet has been posted on the City's website as State law stipulates that candidate filing information be available by December 19th. So, for anyone interested in that information, they can visit the City's website at www.friendswood.com. B. Present an update the new water meter interface for residents. City Manager Morad Kabiri presented the item and stated that the City's automated water meter effort is ongoing and about 95% of the meters have been changed out throughout the community. Mr. Kabiri also noted that the City had been running a pilot program since mid -October, allowing employees and Councilmembers that live in Friendswood to access a web portal to review their water consumption in real time. This portal will be available to the public soon, so they can sign-up for their account and set consumption alerts that can help identify water leaks and other issues. C. Present an update regarding the Texas EMS Educator of the Year Award. City Manager Morad Kabiri presented the item and stated that he wanted to congratulate Assistant EMS Chief in the Volunteer Fire Department, Roy Hunter, who he was recognized by the State of Texas as the Educator of the Year at the Annual Texas EMS Conference. City Council Regular Meeting Minutes December 5, 2022 Page 7 of 19 8. BUSINESS IT);MS A. Consider awarding the Blackhawk Facility Renovation Project kCSP 2022-11) to Construction Masters of Houston, Inc. A motion was made by Councilmember Griffon and seconded by Councilmember Rockey to remove the item from the table for discussion and consideration. The vote was the following: Ayes: Mayor• Mike Foreman, Councilmember Trish Hanks, Councilmember Steve Rockey, Councilmember Sally Branson, Councilmember Robert J. Griffon, Councilmember John Scott and Mayor Pro Tern Brent Erenwert, Nays: None. The item passed unanimously. Director of Engineering 7i1 Arias presented the item and stated that since the last Council meeting, staff has compiled some information regarding the selection process for the Blackhawk Facility Renovation Project. He stated that as previously noted, the top two responses for this item were Construction Masters of Houston whose office is located in Pearland as the top -rated company and the second -rated response was TUCON, LLC doing business as Unbehagen Construction whose offices are located in League City, Mr. Arias gave a quick overview of the scoring criteria used by the selection committee, which was composed of three city personnel who office in the Blackhawk Facility with each ranking performed independently: Selection: An contract awarded pursuant to this CSP is to be anazdedbastd on prrnision of"Best Galue"' to the City, within 30 da}•s after receiving the pmposats, the Ot�•ner Citl• a•illconsidex and xank eachpmposal and select the Proposal that o[fcrs the best value to the Citt• using the foltmingcriteria: 1 cost Prosal 50% 2 riencen•ith mabr subcontractor andwith similar 'ects within sti •car 10?0 3 Exlyrience and qualifications of key project personnel 1000 4 Demonstrated ability to meet schedules on similaz ro'ects l00 5 Subcontractor Qualifications and l3'ork Histo •with General Contractor lOQb 6 AssuranceProgram and Safety Record Sap 7 5% Total 100 c Mr. Arias noted that as it related to the cost proposal, they were ranked on the base bid amount only and the alternates were not considered in the grading. He noted that there was only a difference of $1,081 between the two companies: ➢ Unbelagen, Tucon LLC - $3,724,119.00 ➢ Construction Masters - $3,725,200.00. The second item reviewed was their experience with major subcontractors and similar projects. He noted that this item was based on sirnilar work done in the past five years, and below were the major points of each contractor: Masters: ➢ Listed major subcontractors and the projects drat they partnered on. ➢ Five related projects were listed with contract amounts in the same range as this project. Demonstrated and highlighted multiple examples of a municipal building renovation where City operations continued during construction. ➢ It is noted in their submittal that all subcontractors are required to complete a pre -qualification screening. ➢ They note that 95% of the proposed subcontractors on this project are companies they have previous work experience with. ➢ The 3 largest scopes (MEP) have completed more than 15 contracts with their firm. ➢ Provided 5 overviews of related municipal projects. ➢ Substantial completion dates, project delivery method, contract amount, project team and major subcontractors were listed for each project. ➢ 4 of the projects listed had contract values over $2 Million. ➢ All listed projects demonstrated that the contractor could complete an addition and/or renovation to an occupied municipal facility. Ciry Council Regular Meeting Minutes December 5, 2022 Page 8 of 19 ➢ Subcontractor and supplier references were provided in the submittal. These subcontractors included Millwork, Specialty Products, Flooring, Painting, Roofing and Mechanical trades. ➢ Within the Project Experience section, these trades were not listed under specific projects or called out to demonstrate previous work on similar projects. ➢ Of the municipal completed project list (2017- 2022), 10 of the 11 projects were contract amounts under$1 Million. ➢ Of the completed projects identified in the submittal under "Completed Project List", there were 11 municipal projects listed. ➢ 10 of the listed projects had a contract amount less than $1 Million. ➢ 3 of the 11 listed municipal projects related to construction/renovation of an occupied or tenant space. The remainder of the listed projects included foundation repairs, infrastructure and utilities, paving, site work, park structures/pavilions. ➢ The "Completed Project List" section of the submittal for TUCON included a section for Educational Facilities which included 10 projects. The largest contract amount listed in dris section is $1.4 Million. The next thing considered in the ranking was the experience and qualifications of the key personnel, which was broken down as follows: Construction Masters: Unbelra err, TUCON LLC: Listed 4 key personnel: Listed 3 key personnel: ➢ Project Executive — With the company since 1998. ➢ Project Manager/Estimator — 44 years construction Provided project history with over 20+ facility industry experience, with Tucon since 2016 projects with contract values over $2 Million. (established). Partial project history included 20+ ➢ Project Manager- With the company since 2008. projects with contract values over $2 Million Provided project history with 10+ facility projects ➢ Superintendent — 10 years construction industry with contract values over $2 Million. experience. Of the project history provided, 2 ➢ Superintendent- With the company since 2019. projects had contract values over $2 Million. Provided project history with 10+ facility projects ➢ Project Coordinator — noted as project with contract values over $2 Million. communication between Owner, Architect and ➢ Quality Manager- program outline provided under Tucon with focus on maintaining project Quality Assurance section. documents. A resume was provided but no project history or years of experience were indicated. The next item looked at was their ability to meet the City's schedule. The committee reviewed the information provided, the subcontractor qualifications and work history. Mr. Arias noted that the main difference between the two submittals was that Construction Masters provided the City with a list of subcontractors showing prior work history along with the related project, while Unbehagen failed to specify its projects. City Council Regular Meeting Minutes December 5, 2022 Page 9 of 19 The next item considered is a big one, and related to their quality assurance program, and safety record. One of the things that staff noted was their Experience Modification Rating (EMR), which Unbehagen stated that they did not qualify for, and which Construction Master did. Additionally, following items were listed for each company: Construction Masters: Unbelra en TUCON LLC: ➢ Submittal includes a Quality Assurance Program ➢ Provided company health and safety plan. which states that a designated Quality Control ➢ Provided a letter stating that they do not qualify for Manager will be provided on each project. This is EMR, in addition to the Project Manager and Project ➢ Quality Control was noted to be the responsibility Superintendent. This individual will be onsite for of the superintendent. A quality assurance weekly meetings, inspect work, and participate in program/plan was not included with the submittal, formulating project punch list. ➢ Provided Safety Record and included OSHA 300 Logs. ➢ Provided EMR letter. City Manager Morad Kabiri added to Mr. Arias' comments and stated that any time rehabilitation effort is undertaken, there are always, unforeseen items because structure that was built several years ago, ultimately adds a layer of complexity to a project when walls start coming down. Similar to what is happening in the Public Safety Building, Blackhawk has a critical function that is operating 24 hours a day, 7 days a week, and cannot stop its operations to accommodate a construction project; therefore, the contractor's ability to handle this remodel while allowing for the operations to continue and stay on target for its deliverables is critical. Councihnembel• Griffon stated that both proposals had contingencies built into them, about 7.5%, and in the standard operating agreement for Construction Masters, there is a contractor's contingency and an owner's contingency, 7.5% each, who is the owner per the agreement? Mr. Kabiri noted that the ownernoted in the agreement is the City of Friendswood, so the owner's contingency belongs to the City, and said contingencies must get approved by the City Engineer and the City Manager, which helps limit the need for change orders. Councihnember• Griffon asked if all change orders will be brought to the Council for approval. Mr. Kabiri responded that all change orders that exceed the contract amount will be brought back to the Council for approval. Mr. Arias then noted that the last item used to rank the submittals related to their current workload and both companies showed that they could handle this project. Lastly, Mr. Arias noted that there was some discussion at the last meeting about staff having interviews with the submitters and noted that staff did not meet with any of the submitters and all of them were treated the same. With no further comments, a motion was made by Mayor Foreman and seconded by Councilmember Scott to awarding the Blackhawk Facility Renovation Project (CSP 2022-17) to Construction Masters of Houston, Inc. The vote was the following: City Council Regular Meeting Minutes December 5, 2022 Page 10 of 19 Ayes: Mayor Mike Foreman, Councilmember Trish Hanks, Councilmember Steve Rockey, Councilmember Sally Branson, Councilmember Robert J. Griffon, Councilmember John Scott and Mayor Pro Tem Brent Erenwert, Nays: None. The item passed unanimously. B. Consider ratifying the Agreement and Change Order No.l with Pavecon Ltd. Co., for emergency repairs required on Bay Area Boulevard. This item approves a Professional Services Agreement for HDR Engineering, Inc., to perform engineering services related to the Blackhawk Boulevard Reconstruction Phase II-B Project. Recently, City staff discovered that three portions of Bay Area Boulevard were severely sunken and posed a risk to vehicles travelling on the roadway. The problem areas were located adjacent to and near parts of Bay Area Boulevard which have been repaired in the past two years to address similar issues. Repairs were undertaken on a continual basis and staff budgeted a portion of street funds in anticipation of future repairs. However, the drought of summer 2022 affected the roads more than expected, leading to City staff reducing northbound Bay Area to a single lane and requiring repairs on an emergency basis. Pavecon Ltd. Co. ("Pavecon") provided a proposal through the TIPS purchasing cooperative to remove and replace 7" of concrete roadway in three areas impacting both lanes of the northbound portion of Bay Area Boulevard. The City entered into an emergency Standard Agreement for Contracting Services with Pavecon for $322,285. The agreement included labor and materials to remove and replace the concrete roadway in the damaged locations, as well as the replacement of pre-existing damaged guardrails. The original bid included the use of cement -stabilized sand for leveling, which is the method that has been specified for concrete repairs in the annual road maintenance program due to a quicker turn -around time. After excavation of the roadway, it was discovered that the subgrade was not adequate for re -use and was going to require stabilization in order to provide a good foundation for the future road. A change order was subsequently issued to Pavecon Ltd. Co. for lime stabilization for $78,250. The change order includes labor and materials associated with stabilizing the subgrade under the concrete roadway and an additional month of rental of traffic control to account for the extended time needed to perform the additional work. A motion was made by Councilmember Hanks and seconded by Councilmember Rockey to ratify the Agreement and Change Order No.1 with Pavecon Ltd. Co., for emergency repairs required on Bay Area Boulevard. The vote was the following: Ayes: Mayor Mike Foreman, Councilmember Trish Hanks, Councilmember Steve Rockey, Councilmember Sally Branson, Councilmember Robert J. Griffon, Councilmember John Scott and Mayor Pro Tem Brent Erenwert, Nays: None. The item passed unanimously. City Council Regular Meeting Minutes December 5, 2022 Page 11 of 19 C. Consider authorizing an End User Agreement with PM Construction & Rehab, LLC, through the Houston -Galveston Area Council's Contract #TP07-18 for the Sanitary Sewer Evaluation Survey, Phase IV Project, which will execute identified sewer main line and sewer manhole rehabilitation repairs. This item authorizes an End User Agreement with PM Construction & Rehab, LLC, through the Houston - Galveston Area Council's Contract #TP07-18 for the Sanitary Sewer Evaluation Survey, Phase IV Project, which will execute identified sewer main line and sewer manhole rehabilitation repairs in an amount not to exceed $1,368,118.75. The Sanitary Sewer System Assessment Phased Study Reports and follow-up flow monitoring/leak- detection process have assisted and continue to assist the City in identifying a significant amount of potential inflow and infiltration ("I&I") sources within surveyed basins of the City of Friendswood. The I&I sources range from failing manholes, broken and/or faulty sewer mains, missing/broken sewer cleanouts, direct tie-ins, and more. As part of our long-range sanitary sewer assessment and rehabilitation program, Public Works has prepared Phase IV (Construction & Rehabilitation) based on the findings of Phase II, which was part of an assessment phase. The Phase II Study Report outlines the recommended rehabilitation to assist in reducing sewer inflows to basin FM-08. As the funds for this proposed project are being provided through prior approved bonds, the Public Works Department and Finance Department coordinated together to confirm the City's ability to use the H-GAC cooperative purchase program for the project. Upon such confirmation and consistent with our practice regarding annual Sewer Rehab CIP process, Public Works immediately coordinated with the H-GAC- appioved contractor PM Construction & Rehab, LLC ("PM Construction") to review the proposed scope of work. PM Construction presented its pricing for the proposed outlined scope of work based on H-GAC Contract #TP07-18: The H-GAC Contract #TP07-18 has been integrated within the End User Agreement between City and Contractor in an amount not to exceed $1,368,118.75. A motion was made by Councilmember Rockey and seconded by Councilmember Branson to authorize an End User Agreement with PM Construction & Rehab, LLC, through the Houston -Galveston Area Council's Contract #TP0748 for the Sanitary Sewer Evaluation Survey, Phase IV Project, which will execute identified sewer main line and sewer manhole rehabilitation repairs. The vote was the following: Ayes: Mayor Mike Foreman, Councilmember Trish Hanks, Councilmember Steve Rockey, Councilmember Sally Branson, Councilmember Robert J. Griffon, Councilmember John Scott and Mayor Pro Tem Brent Erenwert. Nays: None. The item passed unanimously. City Council Regular Meeting Minutes December 5, 2022 Page 12 of 19 D. Consider consenting to the extension of the License Agreement between Greater Harris County 911 Emergency Network and American Tower, L.P., for the continued use of the telecommunications tower located at 1606 Whitaker Drive, Friendswood, Texas. This item consents to the extension of the License Agreement between Greater Harris County 911 Emergency Network and American Tower, L.P., for the continued use of the telecommunications tower located at 1606 Whitaker Drive, Friendswood, Texas, In 2010, the Greater Harris County 911 Emergency Network (the "Network") entered into a license agreement for use of a portion of the telecommunications tower owned by American Tower, L.P., and located on City property at 606 Whitaker Drive, Friendswood, Texas. The agreement expired on December 1, 2022. As such, the City Manager consented to the proposed amendment to extend the term and to adjust the compensation to be paid conditioned upon the City Council's approval of the same. Specifically, the proposed amendment: • extends the lease term for three (3) years from December 1, 2022, • provides for a possibility of four (4) additional three-year terns, • increases the fee $60.91/month for the first year, and • increases the fee by 3%, each year thereafter commencing on December 1, 2023. A motion was made by Councilmember Griffon and seconded by Councilmember Hanks to consent to the extension of the License Agreement between Greater Harris County 911 Emergency Network and American Tower, L.P., for the continued use of the telecommunications tower located at 1606 Whitaker Drive, Friendswood, Texas. The vote was the following: Ayes: Mayor Mike Foreman, Councilmember Trish Hanks, Councilmember Steve Rockey, Councilmember Sally Branson, Councilmember Robert J. Griffon, Councilmember John Scott and Mayor Pro Tem Brent Erenwert. Nays: None. The item passed unanimously. 9. PROPOSED RESOLUTIONS &ORDINANCES A. Consider an ordinance amending the City's General Budget for Fiscal Year 2021-2022 by approving "Budget Amendment XIH" and providing for supplemental appropriation and/or transfer of certain funds. This proposed ordinance approves the following budget amendments: 1. Public Works, Streets Division —Boom Mower, $234,218. Appropriate capital lease proceeds to purchase a Boom Mower for the Public Works, Streets Division. The capital lease will be for 5 years and will be supported by the Tax Debt Service Fund. City Council Regular Meeting Minutes December 5, 2022 Page 13 of 19 2. Public Works, Streets Division — Dump Truck, $135,994. Appropriate capital lease proceeds to purchase a Dump Truck for the Public Works, Streets Division. The capital lease will be for 5 years and will be supported by the Tax Debt Service Fund. 3. Community Development / Information Technology — Plotter, $22,000. Appropriate capital lease proceeds to purchase a replacement Plotter for the Community Development Department with assistance from the Information Technology Department. The capital lease will be for 5 years and will be supported by the Tax Debt Service Fund. 4. Citywide / Information Technology — Network Switch Refresh, $239,883. Appropriate capital lease proceeds to purchase a replacement Network Switch for the Information Technology Department. The capital lease will be for 5 years and will be supported by the Tax Debt Service Fund. 5. Citywide / Information Technology — ExecuTime Time Clock, $26,340. Appropriate capital lease proceeds to purchase a replacement ExecuTime Time Clock for the Information Technology Department. The capital lease will be for 5 years and will be supported by the Tax Debt Service Fund. 6. CDD,FMO,ENG / Information Technology — Electronic Plan Review Tables, $46,580. Appropriate capital lease proceeds to purchase three Electronic Plan Review Tables for Community Development, Fire Marshal's Office, and Engineering with assistance from the Information Technology Department. The capital lease will be for 5 years and will be supported by the Tax Debt Service Fund. 7. Public Works, Sewer Utilities Division — Mini Excavator, $47,648. Appropriate capital lease proceeds to purchase a Mini Excavator for the Public Works Department. The capital lease will be for 5 years and will be supported by the Tax Debt Service Fund. 8. Administrative Services — Credit Card Processing, $14,985. Appropriate credit card fee revenue above budgeted amount to offset credit card processing expenses. Funds will be appropriated to the Administrative Services, Utility Billing, credit card fees expense account. 9. Engineering / Capital Projects — Installation of Sidewalks Throughout City Limits, $1,238. Appropriate funds for the installation of sidewalks throughout city limits. Sidewalk installation locations are determined by the developer contribution made into the Fund. The funding source will be Sidewalk Installation Fund. 10. Citywide / Information Technology — Computer Refresh, $48,734. Reallocate budgetary savings from multiple departments to purchase additional computers and mobile devices required to support citywide staff. 11. Administrative Services, Municipal Court — Personnel, $32,920. Reallocate budgetary savings from Administrative Services, Finance Division and Human Resources Department to offset pay plan adjustments and day court costs exceeding available budget. 12. Fire Marshal's Office, Administration — Personnel & Fuel, $17,100. Reallocate budgetary savings from Police, Patrol Division overtime and Community Development, Code Enforcement Division to offset overtime and fuel costs exceeding available budget. 13. Park Land Dedication Fund — City Park Improvements, $26,952. Appropriate funds to repair and improve city parks. The improvements include a retaining wall and new adaptive playground equipment in Stevenson Park as well as modifications to the walking trail. The Leavesley Park Hangar will have secure doors installed as part of the Building Emergency Action Plan. This supplemental funding from the Park Land Dedication Fund will be combined with funding appropriated from the General Fund to complete the projects. Ciry Council Regular Meeting Minutes December 5, 2022 Page 14 of 19 14. Street Maintenance Fund — 2021-2022 Street Maintenance Program C/0#1, $23,050. Appropriate funds to repair and improve city streets. This supplemental funding from the Street Maintenance Fund will be added to the current contract for 2021-2022 Street Maintenance Program. 15. Forest Bend Detention Pond — Construction Pay Application #2, $245,250. Appropriate advanced funding for Jerdon Enterprise Pay Application #2 for the construction of the Forest Bend Detention pond. The City applied for and was awarded a reimbursement grant through the 2017 Community Development Block Grant — Disaster Recovery with Harris County to engineer and construct offline detention in coordination with the Forest Bend Homeowners Association. The funding source will be unassigned general fund balance and will be reimbursed once grant funding has been received from the grantor. A motion was made by Councilmember Scott and seconded by Councilmelber Branson to approve Ordinance No. 2022-28, related to item 9.A. The vote was the following: Ayes: Mayor Mike Foreman, Councilmember Trish Hanks, Councilmember Steve Rockey, Councilmember Sally Branson, Councilmember Robert J. Griffon, Councilmember John Scott and Mayor Pro Tern Brent Erenwert, Nays: None. The item passed unanimously. ORDINANCE NO. 2022-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING ORDINANCE NO. 2021-22, PASSED AND APPROVED SEPTEMBER 13, 2021, SAME BEING AN ORDINANCE APPROVING AND ADOPTING THE CITY'S GENERAL BUDGET FOR FISCAL YEAR 2021-2022, BY APPROVING "BUDGET AMENDMENT XIII" THERETO; PROVIDING FOR SUPPLEMENTAL APPROPRIATION AND/OR TRANSFER OF CERTAIN FUNDS; PROVIDING FOR SEVERABILITY; PROVIDING OTHER MATTERS RELATED TO THE SUBJECT; AND PROVIDING FOR THE EFFECTIVE DATE. B. Consider an ordinance amending the City's General Budget for Fiscal Year 2022-2023 by approving "Budget Amendment II" and providing for supplemental appropriation and/or transfer of certain funds. This proposed ordinance approves the following budget amendments: 1. Prior Year Encumbrance, $13,161,218. Appropriate funds for purchase orders issued in fiscal year 2021-22 and outstanding at fiscal year-end, September 30, 2022. Goods and services for these purchase orders will be received and expensed in fiscal year 2023, 2. Unencumbered Capital, $7,534,165. Re -appropriate funds budgeted for capital expenditures in fiscal year 2021-22; but not expensed at fiscal year-end September 30, 2022. Goods and services will be received and expensed in fiscal year 2022-23. Section 8.06 of the City Charter allows for City Council Regular Meeting Minutes December 5, 2022 Page 15 of 19 funds appropriated for capital expenditure to remain in force for up to three years if unencumbered or until the intended purpose is accomplished. 3. Citywide / Information Technology — Access Control, $45,000. Appropriate capital lease proceeds to purchase a replacement Network Switch for the Information Technology Department. The capital lease will be for 5 years and will be supported by the Tax Debt Service Fund. 4. Municipal Court Fund — Supplemental Funding Access Control, $20,300. Appropriate funds to supplement the Access Control project for city facilities. This funding will be used specifically in the Municipal Court area of the Public Safety Building. Funds will be appropriated from the Municipal Court Fund unassigned fund balance. 5. Keep Friendswood Beautiful — Fall Haul, $1,112. Appropriate funds received fi-om the KFB Fall Haul event. The appropriation will be recorded in the Keep Friendswood Beautiful division operating maintenance budget for landscaping. 6. Public Works — Streets Division — Utility Trailer Replacement, $7,095. Appropriate TML-IRP insurance proceeds received in FY2022 to replace a utility trailer that was stolen. The funding source will be unassigned general fund balance. 7. Parks & Recreation — Parks Division — Donation for Bench at Dog Park, $8,345. Appropriate donation received from John Gannon and JGI Outdoor Advertising for the purchase of an 8-foot bench and canopy at the Dog Park. Funds will be appropriated to the Parks and Recreation Department's Parks division capital equipment account. 8. Library — Renovation Project — Texas State Library & Archives Commission, $3,778. Appropriate federal reimbursement funds from Texas State Library & Archives Commission received in FY2022. The Friendswood Public Library will use these funds to renovate an area of the Library to remove partition walls and create an open, flexible space for collaboration and group learning activities. The funding source will be unassigned general fund balance. 9. Parks & Recreation — 11 E&B Lighted Plaza Sponsorship, $5,000. Appropriate directed sponsorship received from H-E-B. The sponsorship will go towards additional lighting, signage, and banners at the Plaza in Stevenson Park for the Santa & Lighted Trail program. Funds will be appropriated to Parks & Recreation Department's Recreation Programs community events/programs account. 10. Engineering — Emergency Street Repair, $409,763. Appropriate funds for an emergency street repair on Bay Area Boulevard. The funding source will be unassigned Street Improvements Fund balance. 11. Engineering — Inlet Repair, $49,825. Appropriate funds for an inlet repair on Bay Area Boulevard. This necessary repair was discovered during the emergency repair work on Bay Area Boulevard. The funding source will be unassigned Street Improvements Fund balance. A motion was made by Councilmember Scott and seconded by Councilmember Harks to approve Ordinance No. 2022-29, related to Item 9.B. The vote was the following: Ayes: Mayor Mike Foreman, Councilmember Trish Hanks, Councilmember Steve Rockey, Councilmember Sally Branson, Councilmember Robert J. Griffon, Councilmember John Scott and Mayor Pro Tern Brent Erenwert. Nays: None. The item passed unanimously City Council Regular Meeting Minutes December 5, 2022 Page 16 of 19 ORDINANCE 110.2022-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING ORDINANCE NO. 202249, PASSED AND APPROVED AUGUST 29, 2022, SAME BEING AN ORDINANCE APPROVING AND ADOPTING THE CITY'S GENERAL BUDGET FOR FISCAL YEAR 2022-23, BY APPROVING "BUDGET AMENDMENT II" THERETO; PROVIDING FOR SUPPLEMENTAL APPROPRIATION AND/OR TRANSFER OF CERTAIN FUNDS; PROVIDING FOR SEVERABILITY; PROVIDING OTHER MATTERS RELATED TO THE SUBJECT; AND PROVIDING FOR THE EFFECTIVE DATE, C. Consider an ordinance amending Chapter 2 "Civil Emergencies," Article I "In General," Section 224 "Definitions"; Article II "Emergency Management," Section 22-24 "Authority to participate in countywide emergency management plan," Section 22-25 "Emergency management director," Section 22-27 "Organization," Section 22-29 "Expenditure of public funds," and Section 22-30 "Oath of personnel assigned functions or responsibilities"; and Article III "Assistance to Counties and Other Cities," Section 22-58 "Authority of city officials to furnish assistance" and Section 22-59 "Rights and duties of officers" of the Friendswood City Code; and repealing Chapter 22 "Civil Emergencies," Article II "Emergency Management," Section 22-58 " Intetlocal agreement adopted" of the Friendswood City Code; to update definitions, duties, authority and references for emergency management activities. This proposed ordinance updates Chapter 22 "Civil Emergencies" of the Friendswood City Code to update definitions, duties, authority, and references for emergency management activities in conformance with state law and current practice. The following details the proposed changes: ArticleI.InGeneral' • This section has been amended: • to refine the definition of "emergency," to mirror the definition of a disaster in Tex. Gov't Code §418.004; 22-1 Definitions • to delete the definition of "emergency vehicle" since it is not used elsewhere in the ordinance; and • to add the definition of "organized volunteer group" to mirror the definition in Tex. Gov't Code §418.004 Article I1. Emergency Management Authority to This section has been amended to reflect that the City is located in two counties. participate in 22-24 countywide emergency management plans • This section has been amended: • to reflect that the powers formerly enumerated are in addition Emergency to any others bestowed on the director pursuant to state or federal 22-25 management law' director • to change the term "state of disaster" to "state of local disaster" in order to conform to state law; City Council Regular Meeting Minutes December 5, 2022 Page 17 of 19 • to add the an rily of the director to request the governor to proclaim a state of emergency pursuant to Tex. Gov"t Code §433.001; • to remove the requirement that a local state of disaster be confirmed by the city council at its next meeting, as such is not a requirement of state law; and • to reflect that the City is located in two counties. This section is updated to reference the National Incident Management System, 22-27 Organization which is the system that the City will use for the organization, titles, and terminology in an emergency. This section has been amended to recognize that during a declared disaster or 22-29 Expenditure of state of emergency, the director may expend and commit funds if necessary to public funds protect health, life or property, Oath of certain personnel assigned This section has been amended to more closely track state law concerning who 22-30 functions or is required to take an oath. Tex. Gov't Code §418,005 responsibilities 22-57 Interlocal This section has been deleted, as it is not necessary to adopt a portion of state agreement adopted law. Article M. Assistance to Counties and Other Cities uthority of city This section has been updated to use "disaster" rather than "civil emergency," icials to furnish as "disaster" is a defined term in this ordinance and is used throughout state assistance law. :lRights This section has been amended to update the reference the state law, to which and duties agreements related to law enforcement officers are subject. Tex. Loc. Gov't of officers Code 362.003, A motion was made by Councilmember Griffon and seconded by Councilmember Branson to approve the first reading of the proposed ordinance, related to item 9.C. The vote was the following: Ayes: Mayor Mike Foreman, Councilmember Trish Hanks, Councilmember Steve Rockey, Councihnember Sally Branson, Councilmember Robert J. Griffon, Councilmember John Scott and Mayor Pro Tem Brent Erenwert. Nays: None. The item passed unanimously. D. Consider a resolution authorizing the submission of a Community Development Block Grant Mitigation Method of Distribution (CDBG-MIT MOD) application to the Texas General Land Office for infrastructure improvements projects. A motion was made by Councilmember Branson and seconded by Councilmember Griffon to approve Resolution No. R2022-37,1•elated to Item 9.D. The vote was the following: Ayes: Mayor Mike Foreman, Councilmember Trish Hanks, Councilmember Steve Rockey, Councilmember Sally Branson, Councilmember Robert J. Griffon, Councilmember John Scott and Mayor Pro Tem Brent Erenwert. Nays: None. City Council Regular Meeting Minutes December 5, 2022 Page 18 of 19 The item passed unanimously. RESOLUTION NO. R2022-37 A RESOLUTION OF THE CITY COUNCIL OF FRIENDSWOOD, TEXAS, AUTHORIZING THE SUBMISSION OF A COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION METHOD OF DISTRIBUTION (CDBG-MIT MOD) APPLICATION TO THE TEXAS GENERAL LAND OFFICE AND AUTHORIZING THE MAYOR AND CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICERS AND AUTHORIZED REPRESENTATIVES IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE CDBG-MIT MOD PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE. E. Consider a resolution adopting both Financial Policies and Procedures along with Procm•ement Policies and Procedures for the City of Friendswood for Federal Grant Programs. A motion was made by Councilmember Hanks and seconded by Councilmember Branson to approve Resolution No. R2022-38, related to Item 9.E. The vote was the following: Ayes: Mayor Mike Foreman, Councilmember Trish Hanks, Councilmember Steve Rockey, Councilmember Sally Branson, Councilmember Robert J. Griffon, Councilmember John Scott and Mayor Pro Tem Brent Erenwert, Nays: None. The item passed unanimously. RESOLUTION NO. R2022-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, ADOPTING FINANCIAL POLICIES AND PROCEDURES ALONG WITH PROCUREMENT POLICIES AND PROCEDURES FOR FEDERAL GRANT PROGRAMS AND PROVIDING FOR THE EFFECTIVE DATE, 10. CONSENT AGENDA A motion was made by Councilmember Scott and seconded by Councilmember Branson to approve the Consent Agenda, Items l0A through 10.D. The vote was the following: Ayes: Mayor Mike Foreman, Councilmember Trish Hanks, Councilmember Steve Rockey, Councilmember Sally Branson, Councilmember Robert J. Griffon, Councilmember John Scott and Mayor Pro Tem Brent Erenwert, Nays: None. City Council Regular Meeting Minutes December 5, 2022 Page 19 of 19 The item passed unanimously. A. Consider accepting the City of Friendswood's FY2021-2022 Asphalt Street Maintenance Program, and the commencement of the contractor's one-year maintenance period. B. Consider approving a banner permit application for The Harbor (Friendswood Community Church) to advertise its annual "Christmas Eve Church Services." C. Consider approving the ad valorem tax report for October 2022. D. Conside►• approving the minutes of the City Council Regina►• Meeting held on November 7, 2022. 11. ADJOURNMENT With there being no further business, Mayor Foreman adjourned the December 5, 2022, City Council Regular Meeting at 6:57 P.M. A •i