HomeMy WebLinkAboutCC Minutes 2003-05-19 Regular 05/19/03 2015
STATE OF TEXAS )( •
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVES'TON/HARRIS )(
MAY 19, 2003 )(
MINUTES OF A REGUL_Y�R MEETING OF THE FRIENDSVVOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, MAY 19, 200;3 AT 5:00 PM A7 FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S.
FRIENDSWOOD DRIVE, FRIENDSWOOD,TEXAS,WITH THE FOLLOWING PRESENT CONSTITUTING A
QUORUM: '
MAYOR KIM BRIZENDINE
MAYOR PRO TEM JERRY ERICSSON
, (;OUNCILMEMBER LAURA EWING
(;OUNCILMEMBER TRACY GOZA �
C;OUNCILMEMBER DAVID J. H. SMITH
(;OUNCILMEMBER SHANNON KIMMEL
(;OUNCILMEMBER MEL MEASELES
(�ITY ATTORNEY LOREN SMITH (left at 6:00 p.m.)
�ITY ATTORNEY JOHN OLSON (arr. at 6:00 p.m.)
(;ITY MANAGER RON COX '
(;ITY SECRETARY DELORIS MCKENZIE
Mayor Brizendine called t;he meeting to order. � '
EXECUTIVE SESSION
Council convened into Executive Session in accordance with the Texas GoVernment Code, pursuant to
Section 551.071 -Consul�ation with Attorney concerning pending or contemplated litigation;a settlement offer;
or a matter in which the duty of the Attorney requires and Section 551.072 - Deliberation regarding real
__ property. ,
Closed at 5:55 pm
WORK SESSION
Discussion took place with the City Attorney regarding Speeial Districts — Municipal Utility Districts, Public
Improvement Districts and Tax Increment Reinvestment Zones.
City Manager Ron Cox introduced information presented to Council at a previous meeting.
City Attorney John Olsoin provided information regarding Municipal Utility Districts, Public Improvement
Districts, and Tax Increm�=nt Reinvestment Zones, discussed tax increment financing, also referenced a book
from the Texas Municip��l League regarding varying types of financing that cities may wish to explore,
Nlunicipal Utility Disfrict t;axing authorities, can have security, under Texas Commission on Environmental
Control, is a way of urb�,,in renewal, there is a doubie taxaiion issue, compensate residents, know costs
associated with developi7�ent and buyer beware, there is a provision to abolish but is very hard, usually written
into agreement, would previde water, sewer, and drainage, t�he City would still provide fire protection, EMS,
and police, what happens, if MUD goes belly up, there is legislation on what expenditures may be made, and
the law is set as to how a; Municipal Utility District operates.
A Public Improvement District establishes a mechanism to finance improvement projects, inctuding but not
limited to wafer, wastewa�er and drainage facilities, the initial payment of which may be through the issuance -
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of general obligation or revenue bonds, or a cambination thereof, or directly from a special improvement
district fund established by the city with general t:ax revenues, the payments or repa,yments of which may be
derived from special assessments against benefited properties. It is an assessment program, an economic
development tool, requires a Board, is initiated by a petition defined by area, establish a district, advisory
board, public hearing heid on assessment, council approves, construction accordin�g to a plan, notify taxing
units, tax based on benefit of each property owner, does not have Homestead capabilities after building,would -- �
have to have in place prior to development of residences, developer upfront home�;tead dollars.
Tax Increment financing is fairly broad, infrastri�cture can be financed, can involve; other taxing units, is a
broad notification process for public hearing process, the City has full control, no o'ther governmental body
developed, is being used successfully in developing areas, cannot be initiated by city, must be by 50%of the
residences, property has to be contiguous to adjacent residential, application of taxes and land values
Mayor Brizendine asked the City Attorney to provide written information on Public Improvement Districts and
Tax Increment Reinvestment Zones to Sunmeadow Homeowners Association and to Millennium.
REGULAR SESSION .
The Invocation was given by P.ssociate Pastor Ethan Daves from Friendswood Baptist Church.
Mayor Brizendine led the Pledge of Allegiance to the United States and to the Stat� of Texas.
COMMUNICATIONS FROM THE MAYOR ANU COUNCILMEMBERS
Councilmember Ewing stated that the Councilmember Training Orientation was very�interesting and exciting.
Councilmember Ericsson stated that he attended�the Galveston County Mayors and Councilmembers Meeting
and Jack Sieel was the guest speaker and discu�sed the Houston Galveston Area Council, also reported that
tomorrow is an HGAC Board meeting and invited alternate Councilmember Goza tc.� attend.
Councilmember Goza reported on the Dare Graduation and requested the Dare Officer to give an update on
the program, the Dare essay contest for Ba'les, Windsong, and Wedgewood schools, attended the .___
Wedgewood Village Parade Pool Opening.for the Mayor and thanked the Homeownei-s Association and Police
Chief Wieners for participating.
Councilmember Smith thanked City Manager Rc�n Cox for the orientation and the city facilities tour and was
extremely impressed.
Councilmember Kimmel stated he enjoyed pic�ures of the newly elected Council�members at Blackhawk
Wastewater treatment plant and attended.the H�rris County Mayor and Council meeking with Councilmember
Measeles.
Councilmember Measeles reported he attended a Council Workshop, a Drainage Dist,rict meeting on Tuesday,
reported they have a new building and will elect new officers next week, attende�� the Galveston County
Mayors and Councilmembers meeting with Couricilmember Ericsson, attended the H-larris County Mayor and
Council meeting with Councilmember Kimmel, the speaker was a representative for METRO Transportation,
reported on the upcoming Concerts in the Park vahich is the highlight of the year and us free to the public every
Friday night for 8 weeks.
Mayor Brizendine stated he was making the transition from Council to Mayor, attend�=d many meetings in the
lasf week or so, attended the Galveston County Mayors and Councilmembers meeting where former Mayor
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Harold Whitaker was honored for his contributions and IeadErship. '
Councilmember Kimmel presented a proclamation to six members of the Friendswood Chamber of
Commerce Leadership F�iendswood Class recognizing the L.eadership Friendswood Class II.
COMMUMCATIONS FRiDM THE PUBLIC
Jeff Branscome, 308 Wocidstream, addressed Council and sta�ted he is there for two reasons,first he is there
to return some mail that was sent out to him after he declared he was running for Mayor and also after he
found out some informatic�n concerning one of the Councilm�mbers. He stated he is there to tell that he will
not be intimidated and will always speak the truth to the best wf his knowledge that he knows of. He stated in
saying that he wants to r�turn this mail, unopened, to Mr. Tracy Goza that was sent out to him.
Mayor Brizendine asked if he would hand those letters to the City Secretary. �
Mr. Branscome further si:'r�ted the information he found out is that evidently, our tax dollars are being used to
subsidize, in part, a City C;ouncilmember's heaith club memb;ership and is not quite sure is to the best of the
information that he has.
Mayor Brizendine stated whaf Council and Mayor have decided in the past and certainly feel comfortable with
is if someone has allegati;ons of wrongdoing or .......
Mr. Branscome interrupted saying he just has a question is all and asked if first of all has City taxpayer money
been used to subsidize ar�iy Councilmember's membership at any health club. He stated his second question
would be is City taxpayer's money being used to subsidize p�lice officer's health club memberships. Those
are questions he would just like to be answered. He stated ta his information that there is money being used
to subsidize membership in heaith clubs that will waive the enrollment fee and the processing Tee. He stated
he thinks this is an improK>er use of taxpayer's money if that is true and thaf is just an answer he would like to
find out. Is our taxpayer':� money being used to subsidize p�lice officer's memberships in,health clubs and
asked why we are not get�ing our money's worth if they are. He stated that is one question and further stated
�' ` he hopes Kim will find thaf.out the answer are we subsidizing in any shape,form, memberships with the police
department and CouncilrY�ember's memberships. He further stated his second thing would be that he has a
question, there are people well aware that the current Police Chief was involved in an accident in.which a
citizen was struck and fE�lt, as several other people felt, particularly the citizen that was involved in that
° accident, that the handlin�� of the whole investigation was gro:ssly marked and that is his belief. F-Ie stated he
has in his hand a Proof o'f Loss. �
Mayor Brizendine interrupted and stated the Police Chief is a City employee and as such, it would be
appreciated if he would prat his comments down on any wrongdoing of any allegations or whatever in written
form and submit that to the City Manager and be assured tha1:someone will follow up and will get back to him
with an appropriate respQnse.
Mr. Branscome steted first of all, Kim are you finished, he ,would like to exercise his right of free speech
whether or not you agree with what he is saying or not he, believes it is the foundation of this country is free
speech. His question herie and he wanted to find out and give this to City Council is he has a sworn statement
that says that the citizen had actually struck the City employee and in his investigation of it he has found this to
be a gross inaccuracy. H��stated he is just requesting this be investigated by Council. He asked if, first of all,
this had ever qeen discu,sed about this sworn siatement, being in nis op;nion, totaily faise, staiing that ihe
ciiizen had actually hit th� Chief of Poli�e and he stated he kno�vs that he would like to see this corrected
because it is a sworn st���ement and that would be it Kim and he will leave this with the City Secretary. He
began to leave the podium, came back, asked to speak agairi, and was told by the Mayor his 5 minutes were
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up. He asked if someone would get back to him with an answer to his questions.
Robin Hall, 1803 Vacquero, addressed Council a�nd sfated she would like to commenr�the Leadership Class II
for the process they had gone through. She was in the first Leadership Class and #his is what sparked her
interest to run for City Council. During her campaign, she learned a wealth of information she will carry with
her always. She stated she believes this was onfy the beginning of her education with the City and would like —
to thank City Staff for spending hours with her e�xplaining issues and taking the fiim� to work with her. She
further stated Friendsu✓ood has a great City Staff who truly enjoy their jobs and it shaws through on how they
deal with the citizens. She stated she thinks there is a capable and well intentioned City Council and knows
the seven of them will take very good care of the City and sfated she is there to help ih any manner she might
be needed and her goals are still the same, she wants to help bring more businessE;s to Friendswood. The
road for Friendswood needs to�be paved and this is going to take a lot of work and wo�uid like to bridge the gap
between citizeris and have them understand the needs that each subdivision uniqu�ly brings to the City and
again, she is at Council's disposal for the good of the City.
COMMUNICATION FROM COMMITTEES AND SPECIAL REPORTS
Mayor Brizendine reported that the Report from Dan Morgari, Chair of the Fourth of July Steering Committee,
has been delayed until June. •
CITY MANAGER'S REPORT
Community Services Director Jon Branson and f�ecreation Specialist Chuck Jennings presented a check to
Ms. Gay Smithers with the Laura Recovery CentPr for Holiday Hustle Fun%Run/Walk in the amount of$4,000.
ACTION ITEMS
**Councilmember Goza mo�ved to approve action regarding appointment or Jerry Eric;sson as Mayor Pro i em
for 2003-2Q04. �
Seconded by Councilmember•Measeles. The rr�otion was approved unanimously.
**Councilmember Smith moved to approve action regarding approving Financial Advi�;ory Services Agreement -
with Dain Rauscher, Inc., and authorizing the Mayor to execute. �
Seconded by Councilmember Goza. The motion was approved unanimously.
'""`Counciimember Ericsson moved to approve action regarding approval of the Schedule of Events for the sale
of General Obligation Bonds.
Seconded by Councilmember Ewing. The moti�n was approved unanimously.
ORDINANGES
*'"Councilmember Measeles moved to approve the Second and final reading of Ordin�ance Number T2003-06,
An Ordinance providing for a penalty to delinquent taxpayers to defray costs of collec�ing taxes, providing for a
penalty to delinquent taxpayers to defray costs of collectin� delinquent property taxes pursuant to Sections
33.07 and 33.08 of the Texas Tax Code; and providing for severability.
Seconded by Councilmember Ericsson. The motion was� approved 6 to1, with C;ouncilmember Kimmel
opposed.
**Councilmember Measeles moved to approve the First reading o� Crdinarce Number T2403-Q?, An
Ordinance amending Appenqix C of the Friendswood City Code, said Appendix C being City of Friends�a�ood,
Texas,
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Ordinance No. 84-15, as t�rnended, originally adopted the 19th day of November 1984, and being the Zoning
Ordinance of the City, by changing the Zoning Classification.of a certain 0.62-acre tract of land from Single-
family Residential (SFR) to Multi-Family Residentiai-Medium (MFR-M), said tract being situated in the Mary
Sloan Survey,Abstract Nt�. 184, Galveston County,Texas, and within the City; providing for the amendment of
� � the Official Zoning Map c>f the City; providing for severability; and providing a penalty of an amount not to
exceed $2,000 for each day of violation of any provision iiereof.
Seconded by Councilme�mber Ericsson. The motion was approved 6 to1, with Councilmember Ewing
opposed.
CONSENT AGENDA
�*Councilmember Goza ii�oved to approve the Consent Agen�da as presented,with the exception of Item G-
1, Approve Disposition of City Property� 1. Transfer Lot 39 in Imperial Estates to the Galveston County
Consolidated Drainage C)istrict. A. Payment of Capifal Projects — 1. Municipal Court Renovations with
payment in fhe amount of$25,355.00 to Frost Constructors f�r construction services. To date, 100 percent of
the contract has been ex{�ended. 2. Renwick Park Lighting System with payment in the amount of$17,236.80
to Instrumentation and Eli;ctrical Specialist, LLC, for construction services which is$19,152.00 less retainage
in the amount of$1915.2(�. To date, 100 percent of the contract has been expended and are holding $5,040
� in retainage. 3. Booster Pump Station Replacement with payment in the amount of $1,274.90 to T & C
Construction, Ltd.,for corqstruction services which is$1,342 less retainage in the amount of$67.10. To date,
99 percent of the contract;has been expended. 4. 24" Surface Water Trunk Line with payment in the amount
of$52,449.81 to Calco Gc�ntracting, Inc., for construction services which is$11,341.80, plus retainage in the
amount of $41,108.01. '�o date, 100 percent of the contract has been expended. Total payments were
$96,316.51. B.Approve ciisposition of Bid No. 2003-04 for Ja�nitorial Services. C.Approve amended contracfi
with Perdue, Brandon, Fielder, Collins & Mott, L.L:P., for the Collection of Delinquent Taxes. D. Approve
Interlocal Agreementwith Harris-Galveston Coastal Subsidence Districtfora WaterConservation Program in
conjunction with FISD. E.Approve Grant Applicafion for Public Cducation on Fire Safety Program for$84,248
with a 10 percent match. F.Approve the Proposal for Surveying Services for the Annalea/Kingspark/Whitehall
Drainage Project from C.I_. Davis & Company. G. Approve Uisposition of City Property-2. Sale of property
adjacent to Shear PleasUre Salon to Daniel Gage. H. Approve Banner Permit Application for First Baptist
" �~ Church of Friendswood. I. Approve Property Tax Report for P,pril 2003. J. Approve Minutes of April 14 and
21, 2003, Meetings.
Seconded by Councilmernber Ericsson. The motion was approved unanimously.
A motion was made and �pproved to adjourn at 7:40 PM.
/ �f r��(� \.
;�,J�t-aJC_.aC. ��, �
�
Mdyor Kimball W. Brizendine
Attest:
L/ ! �� .
, , .
D loris McKenzie, TRM ,:
City Secretary