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HomeMy WebLinkAboutCC Minutes 2006-09-25 Special 9/25/06 2551 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( SEPTEMBER 25, 2006 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, SEPTEMBER 25, 2006, AT 4:00 PM AND A REGULAR MEETING AT 7:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR DAVID SMITH MAYOR PRO-TEM CHRIS PEDEN COUNCILMEMBER LAURA EWING COUNCILMEMBER JOHN LECOUR COUNCILMEMBER JIM HILL COUNCILMEMBER JAY HORECKY COUNCILMEMBER MEL MEASELES CITY ATTORNEY JOHN OLSON ACTING CITY MANAGER ROGER ROECKER CITY SECRETARY DELORIS MCKENZIE Mayor Smith called the meeting to order. 4:00 PM—SPECIAL SESSION Discussion was held regarding the City of Friendswood Operating Budget for FY2006-07. Mayor Smith opened the meeting to continue the discussion of the proposed Budget. Council discussed the Municipal Court Judge and the required duties and workload, Council determined to leave funds as proposed in the budget and gather additional information that could be brought back during the fiscal year if determined a need is there to make an adjustment to the budget, discussed additional Municipal Court assistance with Acting City Manager Roger Roecker recommending to get the new electronic equipment online to determine if additional help is needed and could be brought back during the fiscal year if determined a need is there to make an adjustment to the budget, with Council concurring, reviewed the proposal to purchase a slope mower to mow the ditches and to hire two labor employees to run the equipment with the amount being $68,000 plus the $90,000 that is in the proposed budget be used to purchase the mower, the estimated life of the slope mower is 10 years, the two employees would do additional duties in the six months of non-growing season, Council concurred with this proposal, discussed moving legal fees into the Council budget, which Council concurred, discussed the Friendswood Volunteer Fire Department's request for a fire truck for the new Fire Station No. 4 that is proposed to be paid for over several years and will not impact the debt service tax rate with the truck being replaced to be traded in, with Council concurring, with the cost being built into the debt service beginning in the budget of fiscal year 2007-08, discussed calculation of fund balance and concurred with the preparation of this budget and determined that this subject should be workshopped to determine a policy and guidelines for Council to take action on, Council will ratify the calculation of the fund balance used in preparation of this budget, discussed storm drainage project for Mustang Drive that will improve Friendswood Independent School District (FISD) parking along this road with Council determining that it may be premature to make this determination based on the proposed amount, discussed Main Street, budgeting will be discussed later in the fiscal year, the Library Board would like to meet with Council at a later date to discuss the proposed expansion project, discussed drainage projects including Beamer Road sewer expansion as requested by a citizen at the Public Hearing. Acting City Manager Roger Roecker stated that Staff is not recommending to put this into the budget at this time but to meet in workshop to get a more complete update regarding the Capitol Improvement Plan, discussed reducing memberships in some organizations for Economic Development with some required due to certification of Economic Development Coordinator Karen Capps with multiple benefits noted with it being discussed that there were some memberships that were eliminated by some of the departments, with Council concurring to leave as is in the proposed budget. 9/25/06 2552 5:00 PM—CLOSED EXECUTIVE SESSION Council convened into Executive Session in Accordance with the Texas Government Code, pursuant to Section 551.074— Personnel Matters—(City Manager Search). Council convened into Regular Session at 7:00 pm with no action taken later in the meeting. RECONVENE INTO OPEN SESSION 7:00 PM— REGULAR SESSION The invocation was given by Pastor Roger Patterson with First Baptist Church. Mayor Smith led the Pledge of allegiance to the United States and to the State of Texas. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS City Secretary Deloris McKenzie administered the Oaths of Office to Municipal Court Judge James Woltz and Associate Judge Richard Flake. COMMUNICATIONS FROM THE PUBLIC Kathy Rogers, 207 Charleston, addressed Council and spoke in support of the tax rebate to the citizens. Fred Krch, 209 Dawn, addressed Council and spoke on private property, freedom and eminent domain, and asked about committee members' phone numbers and Open Records Act, bids and opening of bids. Deborah Winters Chaney, 1008 Apple Wood Drive, addressed Council and spoke in support of the tax rebate from undesignated bank account of$3.5 million dollars in reserve funds for undesignated projects. Mike Sharp, 1200 Shooting Star, addressed Council and spoke about the tax refund, does not support a tax refund if it would cut city services. Mayor Smith stated that a refund may affect some projects. Councilmember Peden quoted the reserve policy and further stated the refund would not in any way impact city services. Mike Sharp stated he would not support the tax refund if the reserve fund would go below that reserve policy. Councilmember LeCour stated the tax refund will not impact services and will not impact this budget. Mike Sharp asked if property tax is not refunded, does the City have a policy to allow spending above the reserve policy, can the City spend for non-budgeted items. Mayor Smith stated it is a decision of Council to determine how those funds are to be spent. Acting City Manager Roger Roecker stated he does not know how many years the City had excess reserve funds above the reserve policy, began building the fund in the 1990's, came from various sources to grow that fund, Councilmember Peden explained historically how reserve funds increase, policy says funds are to be spent for Capital Projects typically infrastructure, Councilmember Ewing stated City services would be hurt, depending on how you look at things, there are a lot of capital projects and could spend. These proposed rebate funds on these projects such as the Library, if there were excess reserve, they could be spent on this expansion, reserves could be spent on necessities, it is according to how you look at it, is budget contingent on using the reserve funds, no, budget was developed on revenue that would not increase. Councilmember LeCour stated when it comes to water and sewer, police, fire and street maintenance is being done. Leslie Reid, 903 Mills Lane, addressed Council and spoke on rebate of taxes, referenced previous speakers regarding not refunding a tax rebate, spoke on keeping the reserve funds, spoke on certain Councilmembers' attitude towards speakers. 9/25/06 2553 Ed Stuart, 2001 Pine Drive, addressed Council and spoke in favor of the tax rebates, spoke about senior citizens, commercial facility, seniors receive a small rebate for low usage of water and sewer. Dr. George Zupp, 605 Fairdale, addressed Council and stated he is a 42 year resident, retired from NASA, spoke to Council regarding budget and number of inemberships, suggested to Council to consider why these are being funded, suggest the City employees fund these memberships personally, ask for an in-depth review, economic development funds, waste of taxpayer dollars, do not know cause and effect, does not see a positive return, need to review administrative services, asked about annual report around 200 pages, maybe 20/30 pages had significant information on the budget, very supportive of the Police Department, member of the Imperial Estates Homeowners Association, stated the Fire Department does a good job and recommended they get proper respect and EMS, Utility Department, Water and Sewer, pleased with service give A+, Friendswood Public Library pleased with service do excellent job A+, spoke in support of tax rebate. Evelyn Newman, 302 Friends Knoll, addressed Council and spoke on the excellent Staff inembers and Community Services Director Jon Branson leaving after more than 18 years and all of the projects that he helped with, told him she loves him and will miss him, and appreciates all he has done, many hours spent on the budget, there are some things that will come up that are not planned for such as hurricanes, etc., is working diligently to bring businesses to Friendswood, does not want property taxes back, use it for projects, thanked Council and Staff for hours spent, this is a wonderful City and let us keep it that way. Sherry Weesner, 2809 Harvest Hill, addressed Council and spoke on citizen participation, all meetings of Council and Committees need to be held at night, people work, very important, there are several committees that are meeting during the day that are making big decisions and should be held at night in order that citizens can attend, spoke on tax refund, refund would increase federal taxes, would want projects and services fully funded with those dollars, wants efficient government, have a lot of Capital Projects that need to be finished and services that are needed such as sidewalks, would ask Council to consider these carefully. David Allen, 214 Inwood, addressed Council and spoke on the Patriot Act and asked Council to consider adopting a Resolution in support of this Act in the City limits. Deidra Brown, 3354 Prince George, addressed Council and spoke on Economic Development, proposed budget is insufficient, Staff is hard working, the City will lose people after excellent training, hard to retain Staff if they are bullied, networking and memberships are very important to employees, spoke on information that was provided last week regarding extending sewer to Beamer and other Capital Projects that have not been funded, would like to talk with Councilmembers as to what is being done by Economic Development and spoke about budget process. Troy Hopkins, 2604 N. Mission Circle, addressed Council and stated those that are stating they are fiscally conservative are missing the picture, putting off projects is actually costing this City, the City is paying .07 cents towards debt service, suggests putting tax rebate to debt service, better serving the citizens, challenge those that are fiscally conservative, costing this City, spending dimes to save nickels. Sophia LeCour, 110 Canal Drive, addressed Council and stated Councilmembers are volunteers spending their own money and time to serve this community, congratulated Mr. Branson moving on to better job, Council should not be chastised for employees leaving for better jobs, served on Clear Creek Independent School District School Board, suggested Council look at their speakers policy, it is almost 9:OOpm and they are still receiving input from speakers, need to limit speakers to get on with important business, addressed the proposed 10% tax refund and stated if do not want the tax rebate, donate to a good cause, wrong to have so much in reserve, ironic that this list of Capital Projects just popped up, some areas of Friendswood are not so affluent as others, but if some citizens want taxes to go up, remove over 65 exemptions and other exemptions. 9/25/06 2554 COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS James Scaffidi, Executive Director of YMCA, gave the Annual Report from Coppinger Family YMCA. Tax Attorneys Robert Mott and Mike Darlow gave the annual report for collection of delinquent property taxes. ACTING CITY MANAGER'S REPORT Acting City Manager Roger Roecker reported on Community Services Director Jon Branson leaving the City. By now, you all have heard that Jon Branson will be leaving the City of Friendswood to take a job as the new Parks and Recreation Director at the City of Pearland. His last day with us will be Friday, October 13. Jon is one of our longest tenured employees, having worked at City Hall for 18 �/2 years. He spent the last 13 of those years as our Director of Community Services over Parks and Recreation, Library Services and Facilities and Grounds Maintenance. Jon has been an important mainstay of this organization, and this city has benefited from his dedicated workmanship for over 18 years. I know you will join me in wishing Jon well in his new venture with the City of Pearland. Jon's duties as Director will be divided among current Staff inembers until we hire a replacement. Mary Perroni will be responsible for Library Services and James Toney will supervise Parks and Facilities Services, in the interim. We appreciate their willingness to take on the additional responsibility. Acting City Manager Roger Roecker reported on the Sidewalk Extension on Bay Area Boulevard at Autumn Creek Subdivision. Staff has been negotiating with Friendswood Development Company (FDC) regarding the completion of the sidewalk at Autumn Creek. They have now agreed to pay for a portion of the sidewalk, which is approximately 1,072 feet long and adjacent to Autumn Creek Section Six. The City's current contract with Smith Classic has a unit price of $4 per square feet for sidewalks more than 200 feet in length. The total length of the missing section is 1,820 feet. Friendswood Development's share would be 1,072 linear feet, about 59 percent of the total, which equates to $17,152. A letter from Jeff Anderson, Friendswood Development Company, committing to this amount is attached. The cost to the City to complete the remainder of the sidewalk and connect to the existing section will be approximately $12,000. The funds for the City's share of the sidewalk can be appropriated from the Street Maintenance Program in the current year's budget. Acting City Manager Roger Roecker thanked Budget Manager Courtney Sladek for her services to the budget, she will be leaving the City, and former long term Budget Manager Lynn Bucher is in the audience tonight. Thanked outgoing Community Services Director Jon Branson who is going to Pearland and will be missed, his responsibilities will be divided between employees James Toney and Mary Perroni.. ACTION ITEMS **No action was taken regarding the search for a new City Manager, but Council reported that they had narrowed down the list of applicants for consideration and additional work will be done by the consultant and be brought back in the next two to three weeks to allow Council to move into the interview process, encouraged with the progress made today. **Councilmember Measeles moved to approve a contract to provide support election services for Friendswood I ndependent School District. Seconded by Councilmember Hill. The motion was approved unanimously. **Mayor Smith moved to approve appointing Kevin Holland to fill the vacancy on the Downtown Revitalization Committee. Seconded by Councilmember Horecky. The motion was approved unanimously. 9/25/06 2555 **Councilmember Horecky moved to direct Staff to implement a property tax refund of 10% via check to all tax payers of record for tax year 2005. Seconded by Councilmember Hill. ***Councilmember Peden moved to amend the main motion to approve the ten percent property tax refund and remove the mailing checks and develop the process at a later meeting. Seconded by Councilmember LeCour. The motion to amend was approved 4-3, with Mayor Smith and Councilmembers Ewing and Measeles opposed. ****The main motion as amended was approved 4-3, with Mayor Smith and Councilmembers Ewing and Measeles opposed. **Mayor Smith moved to approve accepting a donation to construct a one-way driveway connector between the City Hall and City swimming pool parking lots. Seconded by Councilmember Hill. ***Councilmember Ewing moved to amend the main motion for the City to pay for an arborist to advise the City on construction effect on trees and to provide preventive measures. Seconded by Councilmember Measeles. The motion to amend was approved 4-3, with Councilmembers Hill, Horecky, and Peden opposed. ****Mayor Smith moved to amend the main motion to give notice to the City Hall neighbors of the project. Seconded by Councilmember Measeles. The motion failed 3-4, with Councilmembers LeCour, Hill, Horecky, and Peden opposed. *****The main motion as amended was approved unanimously. ORDINANCES Councilmember Horecky left the Council Chambers at this time. **Councilmember Measeles moved to approve the Second and final reading of Ordinance No. 2006-22, an Ordinance finding and determining that public convenience and necessity no longer require the continued existence of an unused 0.1481 acre roadway and utility easement located in the Mary Sloan Survey, Abstract 184, Friendswood, Galveston County, Texas; providing for the exchange of said unused roadway and utility easement for a 0.1151 acre access and utility easement; authorizing the Mayor to execute and the City Secretary to attest a quitclaim deed releasing the City's interest in and to said unused roadway and utility easement to the underlying fee owner in exchange for the conveyance to the City of a 0.1151 acre access and utility easement adjacent thereto; and containing other provisions relating to the subject. Seconded by Councilmember Peden. The motion was approved 6-0. Councilmember Horecky returned to the Council Chambers. **Councilmember Peden moved to approve the First reading of Ordinance No. 2006-23, 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 adding to Subsection J of Section 8 thereof a new Paragraph 10; providing certain exceptions from screening, buffering, landscaping, driveway width, and yard and setback requirements for gasoline filling stations located within the Original Business District; 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 Horecky. The motion was approved 6-1, with Councilmember Ewing opposed. 9/25/06 2556 **Mayor Smith moved to approve the First and final reading of Ordinance No. 2006-24, an Ordinance approving and adopting the City of Friendswood, Texas, general budget for the fiscal year 2006/2007; making appropriations for the City for such fiscal year as reflected in said budget, and making certain findings and containing certain provisions relating to the subject. Seconded by Councilmember Measeles. The motion was approved 6-1 with Councilmember Horecky opposed. **Mayor Smith moved to approve the Maintenance and Operation tax rate of$0.5120/$100 evaluation. Seconded by Councilmember Measeles. The motion was approved unanimously. ***Mayor Smith moved to approve the Debt Service tax rate of$0.0701/$100 evaluation. Seconded by Councilmember Horecky. The motion was approved unanimously. *****Mayor Smith moved to approve the First and final reading of Ordinance No. 2006-25, an Ordinance providing for the levy and collection of ad valorem taxes of the City of Friendswood, Texas, for the year 2006; providing the date on which such taxes shall be due and payable; providing for penalty and interest on all taxes not timely paid; providing for severability; and repealing all ordinances or parts of ordinances inconsistent or in conflict herewith. Seconded by Councilmember Peden. The motion was approved unanimously. **Councilmember LeCour moved to approve the First reading of Ordinance No. 2006-26, an Ordinance amending the Code of Ordinances of the City of Friendswood, Texas, by revising the definition of"weeds" contained in Section 26-105 of Article IV of Chapter 26 thereof; providing that certain agricultural vegetation be excepted from abatement as a public nuisance; providing for severability; and repealing all ordinances or parts of ordinances inconsistent herewith. Seconded by Councilmember Hill. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Mayor Smith reported he received a letter from Senator John Cornyn reporting that appropriations were approved to continue the Clear Creek Federal Flood Control Project. Councilmember Measeles reported on the Houston-Galveston Area Council (H-GAC) study on Clear Creek contamination, continuing to study to determine where the contamination came from, H-GAC Board meeting with several checks given for grants, some additional grant funds available next year, and stated the City should apply. Councilmember Peden reported he attended the September 13t" Galveston County Mayors and Councilmembers (GCM&C) event with all members of Council and their spouses attending, along with some members of Staff, the event was very attended. Councilmember Horecky reported that he attended the Greater Home Builders (GHB) meeting last week, very interesting speaker on long term planning and population growth and impact on a city. Councilmember Hill stated he had no report. Councilmember LeCour complimented the GCM&C meeting at Hope Village and complimented the young people that are residents, incredible that this organization is in operation with no federal dollars, great to be with other elected officials from Galveston County, learned a relationship lesson from Councilmember Measeles and hope to learn from that attribute. Councilmember Ewing thanked Staff for their work on the budget, a lot is done behind the scenes, reported that she attended the GCM&C at Hope Village, a jewel in the City, having a fundraiser in the near future, Library Board wants to have a joint workshop with Council. 9/25/06 2557 Mayor Smith reported that he attended the Friendswood Independent School District's Education Foundation Gems and Gents function over the weekend, congratulations to the Foundation for this successful event. CONSENT AGENDA *'`Councilmember Ewing moved to approve the Consent Agenda as presented. A. Authorize Mayor to execute a contract renewal with Coppinger Family YMCA for after-school programs. B. Approve Banner Permit Applications - 1. First Baptist Church - 50th Anniversary Celebration. 2. Friendswood Community Church - Special Christmas Program. B. Approval of August, 2006 Property Tax Report. C. Approve Minutes of September 11, 2006 Meeting. Seconded by Councilmember Peden. The motion was approved unanimously. A motion was made and approved to adjourn at 11:13 PM. A , � ..,..___. �.. a r avid J.H. Smith Attest: �a�Ew � , a� oa� Deloris McKenzie, T MC � p City Secretary V � * � �� 7�� �j.