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HomeMy WebLinkAboutCC Minutes 2003-12-15 Regular 12/15/03 2099 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( DECEMBER 15, 2003 )( � MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, DECEMBER 15,2003 AT 5:00 PM AT 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 COUNCILMEMBER LAURA EWING COUNCILMEMBER TRACY GOZA COUNCILMEMBER DAVID J. H. SMITH COUNCILMEMBER SHANNON KIMMEL COUNCILMEMBER MEL MEASELES CITY ATTORNEY JOHN OLSON CITY MANAGER RON COX ADMINISTRATIVE SECRETARY KARLA FOSTER City Secretary Deloris McKenzie was absent from the meeting. Mayor Brizendine called the meeting to order. 5:00 PM—WORK SESSION Discussion was held regarding the Sunmeadow Subdivision Drainage Project. The City Manager reported that the City has engaged Claunch & Miller (C&M) to develop the design for improvements to the Sunmeadow Subdivision drainage system. C&M has completed the Preliminary Engineering Report,and has developed a --- plan that is workable for the subdivision. The plan is more expensive than originally estimated, and also fully describes the impact of the plan on the neighboring Windsong S.ubdivision. Mayor Brizendine, Staff, and the engineering representatives metwith representatives of the Sunmeadow Homeowners Association Board of Directors on Tuesday, December 2, and then met with affected property owners in Windsong Subdivision on Thursday, December 4. After those meetings, it was agreed that Council needed an opportunity to receive the same report, to be fully aware of the issues, and develop guidance on some outstanding issues. The issues are as follows as outlined by City Manager Cox. Overall Costs. The amount budgeted for this project is$1.3 Million. The current construction cost estimate, provided by the engineer is $2.853 Million. The original cost estimate was based on a Drainage Study prepared by Claunch & Miller in February 2002. The Drainage Study did not have the advantage of detailed survey information that was lafer done as a component of the Preliminary Engineering Report(PER)where this cost increase was first recognized. Claunch&Miller were commissioned by Council to look at the costs of improvements to Sunmeadow Subdivision in response to the flooding during Tropical Storm Aliison. That same study was used as the basis for the numbers in the Capital Improvements Plan{CIP)and the February 2003 Bond Election because it was considered the best and most complete information available. Claunch & Miller has now been engaged to do the detailed design and engineering for the needed work in Sunmeadow Subdivision because of their history with the project. In reviewing the detailed survey work,they discovered several issues in the field that were not evident when the original study was done. The most 12/15/03 2100 significant issue is the condition of the major 72-inch outfall to Chigger Creek. This outfall is corrugated metal (tin horn) and is in deteriorating condition. The engineers have estimated the cost of full replacement of the outfall system to be about $329,000. There are several other incremental increases that have been discovered. The challenge, of course, will be to figure out where the priorities are for meeting the budget, and/or to come up with more money to fund the project at the full level. Impact on Windsong Subdivision Homeowners. The PER and the current design call for a major outfall from Sunmeadow Subdivision through Windsong Subdivision, across Windsong Road to what we call the Vollmer Ditch. This is a major drainage structure that was constructed by the Galveston County Consolidated Drainage District (GCCDD) when improvements were made several years ago to that outfall from Sunmeadow. Vollmer ditch has sufficient capacity to handle all the flow,and empties into the new subregional detention facility on Chigger Creek recently constructed by GCCDD. The new proposed outfall affects seven property owners directly by taking a portion of their back yards for the outfall. The original design of the outfall calied for an open ditch that would begin as a 20-foot wide,one and a half foot deep ditch and eventually grow to a 50-foot wide by seven-foot deep ditch. The property for the ditch would be purchased, rather than secure an easement under this arrangement. The purpose for this design was to maximize the amount of project within Sunmeadow, as an open ditch is cheaper to construct than a closed system. After meeting with the affected Windsong homeowners, it was concluded we should do our best to construct a closed conduit system. This desire adds cost to the project, thereby increasing the gap between budget and cost estimates. The additional cost is estimated to be$375,000. We did not present that as a possibility at the meeting, but since have notified the homeowners, by letter, that we are looking at various alternatives, and will meet with them again soon. Windsong homeowners were very upset. They have the perception they are providing all the answers to Sunmeadow Subdivision problems at their expense. Certainly,they are providing fhe conduit for most of the answers. We have a very logical engineering solution that is correctly being met emotionally by property owners who see their property size decrease, and their values decrease, particularly with an open ditch in their back yards. That disconnect was evident in our meeting with them. We are hopeful the closed system will have a positive impact on their outiook, but they wili not be happy over this alternative, as it does continue to affect them. We will have a cross section of the closed system, so you can visually see how.it will look. Basically, the closed culvert system will be underground, with an 18-inch deep swale on top to collect surface drainage. We also intend to direct the property owners' surface drainage into this system to mitigate any water problems they might have. We are seeking Council's input regarding the additional cost of the closed conduit system in view of the total cost overrun. Funding Issues. This issue needs to be discussed, but quite frankly at this time, we have few alternatives. They include: • Scheduling the projects within Sunmeadow over a period of time and funding them with future General Fund budgeting. • Authorizing the Drainage Impact Fee using a portion of that income to complete the projects, either incrementally or through the issuance of Revenue Bonds based on the projected income. • Borrowing from Reserves. We do not intend for Council to make the funding decision immediately, butwe will be looking for direction and any other alternatives to be considered. Making the final decision on funding should come after receiving actual bid prices. it is important to note that we are having this discussion based on engineering estimates, not actual prices. The actual bid prices will be helpful in determining the funding strategy we undertake. Mayor Brizendine stated Council will review this and workshop it again in January. 7:00 PM —REGULAR SESSION The Invocation was given by Pastor Rick Austin from Friendswood Baptist Church. 12/15/03 2101 Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of 7exas. JOINT DOCKETED PUBLIC HEARING „ Mayor Brizendine and Vice Chair of the Planning and Zoning Commission Tom Burke called a Joint Docketed Public Hearing to order to receive comments from the public, either oral or written regarding the following: A. A Specific Use Permit change for .3857 acres located at 402 E. Edgewood (FM 2351) to amend Specific Use Permit (SUP) 2000-7 to SUP-Professional Office, Medical, Dental, and Optometry David Offenburger, 402 E. Edgewood, addressed Council and stated he is the requestor and the request for the change is to include the optometry, he �a�as not aware that it did not include that: He is in favor of the Specific Use Permit. Bill Langdoc, 106 Royal Ct., addressed Council and stated he owns property across from 402 Edgewood. He is in favor of the Specific Use Permit. � � No one spoke in opposition of the request. B. A Specific Use permit change for property located at 300-320 E. Edgewood, Lots 2 and 3, Block 1, Melody Plaza Subdivision, to amend Specific Use Permit to SUP-Mixed Commercial David O' Farrell, 300-320 E. Edgewood, addressed Council and stated he is the requestor and would like to broaden the Uses and not have to come back for approval each time. He is in favor of the amendment to the Specific Use Permit. Bill Langdoc, 106 Royal Ct., addressed Council and stated he owns property across the street, has question about what type of recreation would be allowed. The rest of the items are okay, he is just concerned with recreation and what it could be, Chair Bob Bertrand said to get with City Staff to get the specifics if he would like. He is in favor of the amendment to the Specific Use Permit. � � No one spoke in opposition of the request. The Joint Public Hearing was adjourned at 7:14 pm. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Ewing reported that this is a very busy time of year, attended the Museum lighting of tree on . December 2, the Community Appearance Board meeting on December 3, Chamber Luncheon on December 4, Employee Dinner December 5 and was happy to see so many people attend, Senior Lunch on December 10, Parade on December 13, which was very nice and well attended. Councilmember Ericsson reported that he attended many of the same meetings, tomorrow morning is the Houston-Galveston Area Council meeting. Councilmember Goza reported he also attended many of the same functions and wished everyone a Merry Christmas. Councilmember Smith reported he attended most of the same functions and attended the Quaker Village Homeowner's Association meeting which is a great organization, was able to judge the Christmas Parade, 12/15/03 2102 which was nice, the Chamber appreciated all the work done by Public Works for the parade. Councilmember Kimmel thanked Laura Ewing for bringing up the issue of people who need help through Christmas. Councilmember Measeles reported he also attended most of the same meetings and wished everyone a ___, Merry Christmas. Mayor Brizendine stated he attended many of the same meetings and met with citizens and Homeowner's Associations over the past few weeks, encouraged more people to attend Council meetings and address Council, has been discussing with Council and community about electing Harold Whitaker as a Galveston County Appraisal District member, many people have supported him and it looks like as of today that Harold will be elected, thanked Harold for ali the work and for being willing to serve in this capacity. COMMUNICATIONS FROM THE PUBLIC Joe Mayer with Clear Creek Independent School District and Co-Chair of the CCISD 2004 Bond Citizen Committee spoke of the merits of the bond and informed that the election will be February 11,2004,would like Mayor and Council's support and asked for a Resolution from Council of which the Mayor has a copy. Faye Roberson,422 W. Castle Harbour, addressed Council and stated she has exhausted every way to deal with a problem at Sunmeadow Golf Course, Brett Nichols with Sunmeadow Golf Course throws trash in her yard with the lawn mower and speeds on the lawn mower, he has no regard for the tree by her house, she is very concerned that he has decided to cut down the tree limbs and/or tree and sees no reason for him to do this, he cuts in some of the utility area and would like help in determining why he is doing this. The Mayor stated since this was not an agenda item they cannot address this issue but will have the City Manager look into it. Ms. Roberson stated she has spoken with the City Manager already and would like for Council to look into this. Mayor Brizendine again told her they cannot address this issue atthis time butwould look into it. CITY MANAGER'S REPORT Galveston County is hosting an official ribbon cutting and opening of Sunset Drive on December 16,2003, at 10:00 a.m. The ribbon cutting will take place on the FM 2351 end of Sunset. This project was funded with bond funds approved by voters in a Galveston County Road Bond Election in 2002. Approximately$4.8 Million was allocated in those funds. After the design and bidding of the project, it was realized additional funds would be needed to complete the project adequately. City Council authorized an additional $439,323 to supplement the County's funds and to offset the additional costs made necessary by required upgrades. The City contributed the project inspection and administration in order to allow an additional $100,000 from the engineering budget to be appiied to the construction of the project. The engineer on the project was Claunch & Miller Engineering, and the contractor was W.T. Byler. They have been invited to the ceremony. Since there is limited parking available at the site, the City's bus wili be available at City Hall to transport officials to the location. Mayor Brizendine and City Staff accepted a plaque from Carl Watts of the Federal Emergency Management Agency (FEMA) in Uenton, Texas, for Community Rating System (CRS) designation. This designation has been discussed before but the City's Community Rating System(CRS)designation has been lowered from 8 to 5. This means a considerable direct savings to any homeownerwho carries flood insurance. The improved rating is a direct result of flood mitigation that has been conducted over the last several years, including 12/15/03 2103 building and development requirements, the home buyout program and public education. The City appreciates the Staff of the Community Development Department for their work in this regard. ACTION ITEMS "`"'Councilmember Ericsson moved to approve action regarding approval of an agreement with Texas-New Mexico Power Company allowing power pole attachments. Seconded by Councilmember Measeles. The motion was approved unanimously. '�"'Councilmember Measeles moved to approve action regarding negative recommendations by Planning and Zoning Commission regarding Commercial Site Plan approval with no change to the current process that Planning and Zoning Commission continue reviewing. Seconded by Councilmember Ericsson. The motion was approved 5-2 with Councilmember Goza and Kimmel opposed. ""Councilmember Measeles moved to approve action regarding negative recommendations by Planning and Zoning Commission regarding Administrative Plat approval with no change to the current process. Seconded by Councilmember Smith. The motion was approved 6-1 with Councilmember Kimmel opposed. CONSENT AGENDA ''"Councilmember Kimmel moved to approve the Consent Agenda as presented. A. Payment of Capital Projects—A. Payment of Capital Projects-1. Design for Centennial Park Phase I I with payment in the amount of$35,364.12 to Hall Barnum Lucchesi Architects for architect services. To date, 18 percent of the contract has been expended. 2.Woodlawn/Shadowbend Drainage with payment in the amount of$3,421.00 to Freese & Nichols, Inc. for engineering services. To date, 100 percent of the contract has been expended. 3. New � Fire Station Land Survey with payment in the amount of$1,800.00 to C.L. Davis & Company for surveying services. To date, 100 percent of the contract has been expended. 4. Public Works Vehicle Storage Facility with payment in the amount of$600.00 to Coastal Testing Laboratories, Inc. for soil testing services. To date, 100 percent of the contract has been expended. 5. Renwick Park Lighting System Phase II with payment in ,.____ the amount of$91,540.00 to Liteco Electric, Inc. for construction services. To date, 70 percent of the contract has been expended. 6. Longwood Park Water & Sewer Improvements with payment in the amount of $184,848.32 less retainage in the amount of$9,242.42 to Pennstar, Inc.for construction services. To date, 57 percent of the contract has been expended. Total payments were$308;331.02. B.Approve Resolution No. 2003-50,A Resolution of the City Council of the City of Friendswood,Texas, authorizing and directing Kimball W. Brizendine, Mayor, to act as fhe City's representative in seeking eligible grant funds under the State Criminal Justice Planning 421 Fund for fiscal year 2005 ("Grant"); and authorizing the submission of such Grant Application to the Criminal Justice Division of the Office of the Governor. C. Approve appointments/reappointments to the Community Appearance Board with the reappointment of Brenda Erfurdt and Susie Westphal and new appointment of Sara Betterton, Madonna Crame, Denise Nobles and Patricia Steinke. D.Approve Change Order No. 1 to the 2003-04 Asphalt Street Program in the amount of$34,924.75 to include Mandale Road. E. Approve Banner Permit Application for Friendswood Community Church. F. Approve Property Tax Report for November 2003. G. Approve Minutes of November 17 and December 1, 2003 Meetings. Seconded by Councilmember Goza. The motion was approved unanimously. A motion was made and approved to adjourn at 8:14 PM. 12/15/03 2104 i1/ 1 __ V. Mayor Kimball W. Brizendine Attest: � � , D loris McKenzie, TR '� � City Secretary _....�