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Home My WebLink AboutCC Minutes 2003-06-16 Regular 1 OG/16/03 2030 STATE OF TEXAS )( , CITY OF FRIENDSWUOD )( COUNTIES OF GALVESTON/HARRIS )( JUNE 16, 2003 )( � MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JUNE 16, 2003 AT 5:30 PM AT FRIENDSWOO�Q CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD,TEXAS,WITH TI-1E FOLLOWING PRESENT CONSTI7UTING A QUORUM: � MAYOR KIM BRIZENDINE MAYOR PRO TEM JERRY ERICSSON . .COUNCILMEMBER TRACY GOZA COUNCILMEMBER DAVID J. H. SNIITH � COUNCILMEMBER SHANNON KIMMEL (ar�. at 5:45 pm) COUNCILMEMBER MEL MEASELES CITY ATTORNEY LOREN SMITH CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE Councilmember Ewing was absent from the meeting. Mayor Brizendine called the meeting to order. WORK SES510N Discussion was held regarding Water Supply and Wastewater Disposal Facilities and Services Contract wi'th Friendswood Development Company. City Manager, Ron Cox, provided an overview on this topic. In February 1985, the City of Friendswood entered into a contract with what was then called Bay Area Land Company, a limited partnership. This contract was for the City of Friendswood to guarantee capacity in both --� water supply and wastewater treatment for development on approximately 321 acres of land. That land is now bisected by Bay Area E3aulevard, and borders FM 528 in Friendswood. In exchanc�e for this capacity, the developer advanced $1.2 million dollars to the City to pay for the construction of the additional capacity needed in the Blackhawk:Regional Wastewater Treatment Plant. The City of Friendswood, under the terms of the contract was to reimburse the company as development occurred according to a formula that would eventually repay the $1.2. million. 7he advance was interest fnee. For many years, this property remained undeveloped. Friendswood Development Company (FDC) took on the project of developing the properfy and acquired the contract. In June of 1999, the City began the reimbursement proces�s. To date, the City has reimbursed FDC about$765,744.46 of the amount due. In November 2002, Friendswood Development determined they were nearing completion of the development on the 321 acres, and realized they would have capacity left in the contract thatwould not be used on that site. Sections 6.2 and 7.2 of the Contract allows Friendswood Development Company to assign their wastewater and water capacity to others for use anywhere within the city. Rather than attempt to market this remaining capacity, and continue to work to receive the reimbursement due them under the agreement, FDC offered to setfle the contract amount owed by the City, for a $100,000 discount. Based on the most recent accounfiing, the city wouid owe ap�roximately $434,255.54, to FDC. With the discour�t, then, the City would owe ihem ' $334,255.54. This final paymeni would close out the contract. OG/16/03 . 2031 EXECUTIVE SESSION Council convened into Executive Session in a.ccordance with the Texas Government Code, pursuant to Section 551-074 - Deliberation regarding personnel matters. REGULAR SESSION The Invocation was given by Pastor John Wye from Friendswood Community Church. Mayor Brizendine led the Pledge of Allegiance ho the United States and to the State of Texas. ---� PUBLIC HEARING Mayor Brizendine called the Public Hearing to order to receive comments from the public, either oral and/or � written regarding a request to create Reinvestment Zone No.2 for 2.1025 acres on IVlandale Road forTax Abatement Purposes. No one spoke in favor or against the request. COMMUNICATIONa FRl7M THE MAYOR ANID COUNCILMEMBERS � Councilmember Ericsson reported that tomorrow he would attend a meeting of the Houston-Galveston Area Counci�. Councilmember Goza, Srnith, Kimmel and Measeles stated they had no report. Mayor Brizendine reported on a meeting held Wednesday with representatives from Millennium Corporation. COMMUNICATIONS FROM THE PUBLIC No one spoke. COMMUNICATION FROM COMMITTEES AND SPECIAL REPORTS Senior Citizens Advisory Comrimittee Chair Jean Bilderback made a brief presentation on the overall goals of --- the committee for the year, as well as their most recent accomplishments. She further reported that fhere are 131 participants whose average age is 73, two rnarriages have resulted, four couples, very good friendships formed, Kristine Shafnei� appointed as Manager, thank you to Council for her appointment and her enthusiasm, outlined senior activities, stated on behalf of the Board and members, thank you to Council for your thoughtfulness and care. The Community Appearance Board gave a presentation of the new Main Street banners. Susie Westphal, long-time member and secretary of the Community Appearance Board, introduced members Kaye Corey and Judy Kimball, and stated the Board takes requests, questions, and remarks from citizens very seriously, a suggestion from a citizen was received asking for something to mark their boundaries, possibly a banner, to be placed on Main Street, Ms.Wesfphal presented the official Friendswood Banner, the color green and gold in Friendswood to be loc��ted along Main Street, with 30 banners on both sides of the street. 0611 G/03 2032 CITY MANAGER'S REPORT CenterPoint Energy-Entex is the Cify's local natural gas utility. The City of Friendswood has had a long- standing franchise agreement with this company, and its predecessor; Entex. The franchise authorizes CenterPoint the use of tlie city's streets and rights of way for a fee of two percent of the gross receipts from the company's operations in this city. The City of Friendswood has the authority to regulate the rates of CenterPoinf to residential and commercial customers within the city limits. CenterPoint has periodically brought requests to the city for a cost-of-service adjustment, reflecting the revised costs of labor and operations, as well as reflecting the wholesale cost of fuel — natural gas. . Roger Roecker, Director of Administrative Services, prepared an overview of the increases and decreases in the cost of service over the last several years. Any increase must be approved by the City Council. This year, CenferPoint has announced a slight decrease in their cost of service. The decrease is$.50 per customer per month. The work of CenterPoint and their cooperation in the City's ratemalcing authority and responsibilities is much appreciated. Due to the rain received this weelc, citizens can go off of official water conservation program. It is asked that citizens continue to be conservative to help out. nGTION ITEMS '��Councilmember Ericsson moved to approve action regardirig final discounted payment of Water Supply and Wastewater Disposal Facilities Contract dated 1985, with Friendswood Developmenfi Company. Seconded by Councilmember Smith. The motion was appraved unanimously. "`"`Councilmember Measeles moved to approve action regarding authorizing participation with Friendswood Little League in fhe construction of concession/restroom facilities at Renwick,Park. Seconded by Councilmember Ericsson. The motion was ap;proved unanimously. QRDINANCES '"*Councilmember Ericssun moved to approve the First reading of Ordinance Number T2003-08, an Ordinance amending the Code of Ordinances of the City of Friendswood, Texas, by adding a new Subparagraph (8)to Section 34-29 thereof, k�y adding a sentence and new Subparagraphs(1)through(8)to Section 34-39 thereof, by adding a new paragraph (6)to Subsection (a) of Section 34-40 thereof, by striking the term"elevated to or above the base flood" from the first sentence of Subparagraphs (1) and (2) of Section 34-58 thereof and substituting therefore ihe term "elevated to 24 inches above the base flood," by deleting the term "of temperature controlled areas"contained in the first sentences of Subsections(a),•(b), and (c)of Section 34-60 thereof, by delefing the last senfience of Subsection (a) of Section 34-60 thereof, and by adding to Subparagraph (1)of Section 34-62 thereof, immediately prior to the term"hydrologic and hydraulic analyses," the term"no-rise certificate using;" providing that a purpose of the City's Flood Damage Prevention regulations is to preserve Floodplain storage through mitigation; providing description and enumeration of the type of activity which requires issuance of a development permit; praviding for the development of mitigation plans; providing ihat new consiruction and substantial improvements shall have the lowest floor elevated to not less than twenfy four inches (24") above the base flood level; providing for the preparation of"no-rise Certificates" evidencing impacts on �loodvvays; providirg a penalty c� an amount roi io exceed $2,000 for each day of violafion of any provision hereof; providing for severability; and repealing all erdinances or parfis of ordinances inconsistent herewith, vvith amendment to paragraph 6 and 7, section 34. 5econded by Councilmernber Kimmel. The motion was approved unanimously: 06/16/03 2033 � ;�Co ncilmember Goza moved to approve fhe First reading of Ordinance Number T2003-09, an Ordinance of the City of Friendswood, Texas, creating Reinvestment Zone No. 2, same being a 2.1025 acre tract of land, more or less, out of lot 50 of Sharp's Subdivision of Section 22 of the I. &G.N.R.R. Co., Survey, Abstract 616, Galveston County, Texas, as recorded in Volume 113, Page 22, of the Deed Records of Galveston County, Texas, said tract being generally located along the West side of Mandale Road and So:ath side of Estate Drive in the City of Friendswood; making certain findings; repealing all Ordinances or parts of Ordinances inconsistent or in conflict herewith; and providing for severability. Seconded by Councilmember Ericsson. The motion was approved unanimously. CONSENT AGENDA **Councilmember Goza moved to approve the Consent Agenda as presented. A. Payrnent of Capital Projects — 1. 5t Cloud Culvert Replacement and Stanley Court Sanitary Sewer Replacement and Storm Sewer � Installation with payment in the,amount of$20,7J2.70 to Haddock Construction for construction services. To . date, 68 percent of the contract has been expended. 2. Renwick Park Lighting with payment in the amount of $5,040.00 to Instrumentation & Electrical Speciallst, LLC, for retainage. To date, 100 percent of the contract has been expended. 3.Woodlawn and Shadow:bend Drairiage and Street Improvements with payment in the amount of $3,598.89 to Freese and Nichols, Inc., for engineering services. To date, 5.26 percent of the contract has been expended. 4. Booster Pump Station Replacement with payrr�ent in the amount of $77,655.85 to T&C Construction for retainage. To date, 100 percent of the contract rias been expended. 5. HMGP Demolition Project with final payment in the amount of $65,523.05 to A & R Demolition, Inc, for demolition services. To date, 100 percent of the contract has been expended. 6. HN(GP Demolition Project with payment in the amount of$13,000.00 to Ch�erry Demolition for demolition services. To date, 100 percent of the contract has been expended. 7. Blackhawk Water Storage Tank Rehabilitation with payment in the amount of$87,884.50 to Gulf States Protective Coafings, Inc.for construction services. To date, 98 percent of the contract has been expended. Total payments were $273,494..99. B. Resolutions- 1. Resolution No. R2003-26, A Resolution of the City Council of the City of Friendswood, Texas, approving the Public Funds Management and Investment Policy. 2. ResoluEion No. R1003-27, A Resolution of the Cify Councii of the Ciiy of Friendswood, Texas, adopting Rules of Procedure forthe conduct of its meetings; and repealing Resolution No. R2002-36, passE�d and approved the 1 St day of July 2002, and all other Resolutions or parts of Resolutions inconsistent or in conflict herewith.. C. Approve Property Tax Report for May 2003. D. Approve Minutes of May 12, 19, and 30, 2003 Meetings. Seconded by Councilmernber Smith. The motion was ap��roved unanimously. A motion was made and approved to adjourn a�t 7:36 PM. � , . j y , � �.,2,` ��/`_.,�:��-�.....!�. .� �� . �...� 'ayor Kimball W. Brizendine Attest: � � �, ��, � /�� _ ' Deloris McKenzie, TRM � � " City Secretary