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HomeMy WebLinkAboutCC Minutes 2006-10-02 Special 10/2/06 2558 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( OCTOBER 02, 2006 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, OCTOBER 02, 2006, AT 5:00 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 DEPUTY CITY SECRETARY MELINDA WELSH Mayor Smith called the meeting to order. 5:00 PM—SPECIAL SESSION Discussion was held with Galveston County Consolidated Drainage District (GCCDD) regarding Hazard Mitigation Grant Program Buyout Properties. Mayor Smith introduced Drainage District Board President Harold Whitaker, Boardmember Gary Harris, and General Manager Les Rumburg who were present from GCCDD. Acting City Manager Roger Roecker stated they wanted to have this meeting because Community Services Director Jon Branson, who has lots of knowledge, is leaving the City and there also seems to be a lack of clarity and that is the other reason they wanted to meet, GCCDD had expressed a desire by letter to take over maintenance and mowing for creeks and streams, Acting City Manager Roger Roecker gave history of this item, Staff would like ownership and maintenance issue resolved, Mayor Smith stated he remembers the buyout and the whole process. Drainage District Board President Harold Whitaker stated the District has not assumed ownership or lease at this point, they own one lot in Imperial Estates Lot 39 that they and the City purchased together, to keep from having an isolated lot in the middle of others, owns another lot since 1984 or 1985 that gives them access to the creek, had meetings with the City in the 2004 time frame contemplating doing some work in Imperial Estates but first the City wanted them to come up with a plan, they used Dannenbaum Engineering to do a study and came to the conclusion that the most appropriate detention was benching or shelving, cost was $2.4 million for detention and no cost benefit was there, subject was dropped at that point but could be restudied, Mayor Smith asked if the 3 homes there were the stumbling block and Board President Whitaker stated yes, would be cheaper to buy detention upstream for Mary's Creek, can look at Imperial Estates again, Councilmember Measeles asked if they maintain any of the buyout lots and Board President Whitaker stated no, just the creek and maybe the back end of some of the lots but it is for creek maintenance, Mayor Smith asked how many of the 110 lots are in Imperial Estates, Community Development Director Dan Johnson stated 53 lots, asked if it does GCCDD any good to give access to these lots, Board President Whitaker stated the City has an interlocal agreement with GCCDD to mow buyout lots from the creek, not sure if the district has any interest in these lots, any benefit they are already getting it, Councilmember Hill asked if these lots should be mowed yearly instead of more regularly, Board President Whitaker stated it does not matter to them, Drainage District General Manager Les Rumburg stated they have been mowing the same thing for the last 3 years, Councilmember Horecky asked if they let the back half of the lots go back to their natural state does it impede the flow of water, Community Services Director Jon Branson stated from his perspective says he does not think it is impeding the flow, 10/2/06 2559 Councilmember Horecky stated the lots are becoming overgrown towards the creek, Mayor Smith stated when people lived in that neighborhood, such as he did, they did that as a buffer to the nearby 1776 Park, Councilmember Ewing stated she lives on the creek and during flooding a lot of trash comes in and the overgrowth prevents it from moving up further on their property, Community Development Director Dan Johnson stated with the 48 lots they have held them for the Drainage District, if they do not want them the City can license them, Board President Whitaker stated make sure you do not lock yourself up where you cannot use them later, Mayor Smith stated the City can take back over with 30 days notice even though they are 10-year license agreements, Community Development Director Dan Johnson stated they are now looking at the Master Drainage Plan, Councilmember Measeles stated it should be a joint venture with the GCCDD to come up with a plan for detention for downtown with park area, Board President Whitaker stated they are nearing completion on the Baker Road detention and will be done by the end of the year, are designing it to have soccer fields on it, Councilmember Hill stated it is a beautiful site and commends Boardmember Gary Harris and Board President Whitaker for what they do on a $2 million budget. Discussion was held regarding property tax refund process. Acting City Manager Roger Roecker stated they included in Council's packet information on process suggestions, City Attorney John Olson stated the refund should be to who paid the taxes so the City can get the money to the payer and not donate money to the property owner if they did not pay in 2005, recommends checks be mailed and not tax credit, recommends time limit with a suggestion of 90 days to cash checks, if they choose not to cash the checks, the money would go back into fund balance, Councilmember Horecky suggested 60-day limit, would like it to be specified that any unclaimed refunds not be subject that the State of Texas deems it unclaimed property, Councilmember Hill asked if the City could put something on the check to state that any monies not cashed would go to capital improvements, Acting City Manager Roger Roecker stated that is current policy, Councilmember Peden stated a policy needs to be set that if the check is a certain amount or less, that the property owner come to City Hall to pick it up, also wants to make sure the City is not sending out refunds to someone who is delinquent on their taxes. Acting City Manager Roger Roecker stated they are basing on actual paid taxes, Councilmember Hill objected to people picking up their checks at City Hall since the City would not know if they were supposed to get one or not, asked if there should be a limit on sending out a refund if they go below or above a certain dollar amount, Councilmember Ewing stated it should be automated since Staff would spend more handling it if they have to take time to investigate, should be a check cut for everybody, Councilmember LeCour stated State of Texas Tax Code has a $5 threshold limit on refunds so why can the City not have a threshold, Mayor Smith stated if the City creates a situation where people are coming to City Hall to investigate, it would cost more, discussion ensued between Mayor and Council on this issue, Councilmember Peden stated the City should send checks to everybody with a memo on it to go with wording approved by Council, Councilmember Ewing agreed, Councilmember Horecky stated he agreed, all agreed to send checks with no limit on dollar amount and a 60-day limit with checks being sent out within 60 days, possibly out by Thanksgiving. Mayor Smith asked about what wording should be printed on the check and liked Councilmember Hill's suggestion, unclaimed refunds portion should be in the motion at the upcoming meeting, Administrative Services Accounting Manager Ted Beason stated there is a 150 character limit on the checks so please keep it short, should state the check is good for 60 days, not subject to unclaimed funds, if unused money would be used for capital projects, Councilmember Peden stated Staff needs to get excited about it and put it on the reader board in the park, Councilmember Ewing stated it does need to be on the reader board to put that information out. Discussion was held regarding the combining of two polling places to one central location at City Hall for City Elections. Mayor Smith gave a history of problems associated with having two polling places, they are only a minute away from one another, could walk there, asked why we do it, is different for the county and school elections, put one polling place for all citizens of Friendswood, there is a cost savings associated with it and listed those savings, would have one Judge, would use all of the electronic equipment in one location, could combine forms, would eliminate $260 rental to Wedgewood Elementary and more, questions to ask are does it inconvenience Harris County voters, City Hall parking problems, Councilmember Ewing stated during early voting Harris County votes at City Hall, would help Harris 10/2/06 2560 County feel more like a part of the City, should do it with school district too, especially Clear Creek Independent School District (CCISD) being in May, Mayor Smith stated he is meeting with Dr. Sandra Mossman, CCISD Superintendent, soon and will ask if this would help them and not hinder, Councilmember Horecky stated by combining polling places, the City is taking a service away from Harris County, thinks the City should hold all City elections at Wedgewood Elementary, Mayor Smith stated residential areas would be impacted by traffic, Councilmember Ewing stated it would be easier for Staff to have it here at City Hall, Councilmember Horecky stated the City could have early voting here and Election Day at Wedgewood, Mayor Smith stated this is everyone's City Hall and feels like it would help Harris County feel more part of the City, also suggested asking Forest Bend and Wedgewood Subdivision to see what they think, Councilmember LeCour stated he was a Harris County Election Judge and thinks it would make citizens angry to move their polling place, parking problem at City Hall is an issue, thinks the City is taking something away from Harris County and they would feel that way, worried about parking, thinks some Galveston precincts should move to Wedgewood to relieve parking, asked Deputy City Secretary Melinda Welsh how hard is it to move equipment or time consuming, Councilmember Ewing stated new equipment is fragile, thinks it is a great idea to combine, is interested in school districts as well, Mayor Smith asked for information on numbers of voters in Harris County that voted on Early Voting versus Election Day, Councilmember Peden stated he has heard more people complain about not being able to vote in Galveston County and no complaints from Harris County, Mayor Smith asked that City Secretary Deloris McKenzie research some historical data and get back with Council. 6:30 PM—CLOSED EXECUTIVE SESSION Council convened into Executive Session in Accordance with the Texas Government Code, pursuant to Section 551.074— Personnel Matters Council convened into Regular Session at 7:23 pm with no action taken RECONVENE INTO OPEN SESSION 7:23 PM— REGULAR SESSION The invocation was given by Pastor Rick Austin with Friendswood Baptist Church. Mayor Smith led the Pledge of allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Delvin Kendrick, 1105 Briar Creek Drive, addressed Council and stated he has heard of the decision regarding the tax refund, was not clear to him about who would receive the refund, Councilmember Peden stated the tax refund would go to the individual that actually paid the taxes. Fred Krch, 209 Dawn, addressed Council and stated he followed up regarding the proposal for developing Windemere Lake, discussed the figures on the handout he gave to Council, read a statement regarding the definition of administrative employees, being provided a listing of City projects, change orders substantially increase the cost of a project and should be eliminated. Dan Illerich, 2876 Love Lane, had requested to speak regarding Vision 2020 and addressed Council and stated he would like to reschedule his speaking since he has lost his voice. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS The annual report from The Friendswood Historical Society was given by President, Evelyn Newman. Ms Newman stated she would like to introduced the directors that have worked many hours and years on their projects, Mary Ann Lawrence, Verla Perry, Joycina Baker, Historian, Councilmember Measeles, 10/2/06 2561 Debbie Sasser, Treasurer, Ann Whitaker, Membership Chairman, members not present were Debbie Davis, David Miles, and Judy Zavalla, reported on upcoming Heritage Festival and other activities. ACTING CITY MANAGER'S REPORT Acting City Manager Roger Roecker reported on the Boards, Commissions, and Committee Recognition Dinner and stated, the City has over 80 citizens involved in its committees, boards and commissions, and these individuals provide advice and recommendations to the Council and Staff in a variety of capacities. The City appreciates their hard work. In an effort to recognize them for this hard work and spirit of volunteerism, former Mayor Brizendine led the effort to plan an evening of recognition for them in 2003, 2004, and 2005. The City is preparing to do that again this year. The City has invited all the members of its committees, boards and commissions and guests to a recognition dinner at Leavesley Park, Jones Hangar, on Tuesday, October 17. The event will begin at 6:30 p.m., with dinner. The event provides an excellent opportunity for the Mayor and Council to recognize each member of all the City's committees for their service to our community. Acting City Manager Roger Roecker reported on the Comprehensive Annual Financial Report (CAFR) Award. The Government Finance Officers Association (GFOA) of the United States and Canada has recently announced that the City of Friendswood has been awarded the Certificate of Achievement for Excellence in Financial Reporting for its FY 2005 comprehensive annual financial report. This is the eighteenth consecutive year the City has received this award. According to the GFOA, the City's CAFR was judged to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users to read the CAFR. Congratulations to our Administrative Services Department for once again receiving this certificate of achievement and further stated how much he appreciates Cindy Edge, Acting Director of Administrative Services, and the entire Administrative Services Staff for their dedication to the City and the citizens. Acting City Manager Roger Roecker reported on the Texas Commission on Environmental Quality (TCEQ) Public Drinking Water Award. The TCEQ recently implemented a program that recognizes public water systems in Texas for their contribution in protecting the public health of Texas citizens. The City has recently received word that the TCEQ selected the City of Friendswood as an award winner in the Total Coliform Rule Program category. The purpose of this program is to control total coliform bacteria in our water system. According to the TCEQ, this award recognizes water systems that have successfully complied with the Total Coliform Rule without a single violation for 60 consecutive months. In achieving this consistent level of compliance with the Total Coliform Rule, these systems are doing an exceptional job of protecting public health. Once again, our Public Works Department has displayed excellence. The hard work in keeping Friendswood citizens safe is a precious service that the City values greatly. Congratulations to Public Works Director Kaz Hamidian and our department of Public Works for their outstanding performance. ACTION ITEM No action was taken regarding authorizing the combining of two polling places to one central location at City Hall for City Elections. Mayor Smith stated Council has asked for more information before they decide on this subject, Councilmember Measeles stated they would like to receive input from Harris Cou nty citizens. **Councilmember Horecky moved to approve the property tax refund process and for the tax refund to occur in the next 60 days, refund ten percent to all taxpayers who paid property taxes in 2005, checks will be mailed for every refund, checks will be void after 60 days, all unclaimed refunds are property of the City and returned to the General Reserves for Capital Projects without being subject to the Texas Unclaimed Funds. Seconded by Councilmember Peden. The motion, was approved 6-1 with Councilmember Measeles opposed. 10/2/06 2562 **Councilmember Peden moved to approve amending 2006-07 Budget to facilitate the refund. Seconded by Councilmember Hill. The motion was approved unanimously. RESOLUTIONS **Councilmember Horecky moved to approve Resolution R2006-28 —A Resolution of the City Council of the City of Friendswood, Texas, appointing Melinda K. Welsh as Deputy City Secretary. Seconded by Mayor Smith. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Mayor Smith reported on the Eminent Domain and Downtown Revitalization Committee for the benefit of the discussion that Fred Krch brought up last meeting, Council has created a subcommittee of Planning and Zoning that is the Downtown Revitalization Committee, with the purpose of researching ways of developing and redeveloping downtown with ways of better and easier ways to revitalize. The State has come out with rules on eminent domain but City Council took it upon themselves to approve a resolution stating they would not use eminent domain when it comes to commercial development. City Attorney John Olson stated that the ordinance stated it would be charged to change with the Charter Review Commission and they have already started talking about it because he has received something on it from them. Councilmember LeCour stated he is glad that Council decided not to pursue this, eminent domain could change with elections and is glad it will be on the City charter, Councilmember Hill stated eminent domain is the reason he ran for Council, spent 4 hours this past week with members of the Drainage District who said they may have to use eminent domain to get an easement to clear ditches, hopes to resolve without doing that but realized sometimes eminent domain is necessary, one persons ditch is affecting one street's drainage. Councilmember Measeles, Peden, Horecky had nothing to report. Councilmember Hill reported that the driveway donation offered last week has been withdrawn because of environmental concerns and neighbor concerns, stated he spent time with Drainage District, and stated it amazes him what they do within their budget, stated that a comment was made last week about Clear Creek Independent School District saying it was ghetto and if that is so, his wife has worked in that ghetto for 25 years. Councilmember Ewing reported that Jon Branson received the consultation with the forester David Allen on the proposed City Hall driveway, and it was a simple thing to do, Fall Haul-a-Day is Saturday, cannot take hazardous materials, November 1 St is the Clear Creek Nature and Cultural tourism meeting at Armand Bayou, and stated that regarding her comments last week, she clarified she had stated Clear Creek High School had lots of building problems and not Clear Creek Independent School District. Mayor Smith reported the Chamber Luncheon is this Thursday and reported on the upcoming Broker Development Day. CONSENT AGENDA **Mayor Smith moved to approve the Consent Agenda as presented with the exception of Items A and B. C. Approve Minutes of September 18 and September 19, 2006 Special Meetings. Seconded by Councilmember Ewing. The motion was approved unanimously ***Mayor Smith moved to approve Item A. Award of RFP No. 2006-12 for Houston-Galveston Area Council (H-GAC) Region 1 Group Life, Accidental Death and Dismemberment, and Long-Term Disability Insurance and authorize the Mayor to execute the contract. Seconded by Councilmember Measeles. The motion was approved unanimously. 10/2/06 2563 ****Mayor Smith moved to approve Item B. Approve renewal of contract with Friendswood Historical Society for the maintenance and preservation of historical sites in the City. Seconded by Councilmember Ewing. *****Councilmember Peden moved to amend the main motion to approve item B and change the total to $15,000 and to fund the addition funding from the General Fund Balance. Seconded by Councilmember Measeles. The motion to amend was approved unanimously. ***''*'`The main motion, as amended, was approved unanimously. A motion was made and approved to adjourn at 8:24 PM. Ma r avid J.H. Smith Attest: � � � o� �a�M�a Deloris McKenzie, TR C � �O City Secretary v � O * # a r,�rE� �+�p