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HomeMy WebLinkAboutCC Minutes 2004-09-20 Regular 09/20/04 2222 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( SEPTEMBER 20, 2004 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY,SEPTEMBER 20,2004AT 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 SMITH COUNCILMEMBER MEL MEASELES CITY ATTORNEY JOHN OLSON (arr. at 7:00 PM) CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE Councilmember Kimmel was absent from the meeting. Mayor Brizendine called the meeting to order. 5:00 PM—SPECIAL SESSION Governance discussion regarding Vision Message was not held. Discussion was held regarding Base Bid for the Sunmeadow Drainage Project. Capital Projects Coordinator Skipper Jones presented a brief overview and history with a map of the project area and stated that the open ditch concept would be 65 feet across, 7 feet deep at its deepest, the closed box culvert would be 30 feel across,the open ditch would take more water, more forgiveness in the open ditch but also some in the closed ditch,overflow considerations for both systems,overflow swales will cross in several areas to create a path for the water to follow to the Vollmer Ditch,how many homes affected,approximately dozen on repetitive flood list and most are in quadrant of flood project, are the houses in Windsong higher,the gradient flooding flows to Windsong,the outside consultant report received that meets the needs,plan to keep the water underground, maintenance on open ditch more frequently, over the long haul may be more costly, will have to maintain culverts as needed,should get 25 to 30 years out of the structure, may have some inflow issues but culverts are big enough that you could send someone in to clear blockages, cost differences between the open andl closed ditches,big cost increase comes from availability of steel for boxes and the availability of concrete and aggregate to go in the concrete,no one is projecting if there are changes in the near future, may be a delay in securing these products. The Mayor stated he does not want to delay this project and wants to advance this, project,the problem is justifying the difference in cost,would address nuisance flooding,home flooding,street flooding and the next priority of the bond funds was the second outlet which has been postponed, to be addressed in future budget years, the City had outside an consultant provide figures for bond issues which was low compared to the bids. The Mayor recapped a meeting with homeowners in the beginning process and laid out the open ditch plan, after presentation the Windsong families brought up relevant questions regarding impact on them for the burden of the drainage issues in Sunmeadow. The Mayor stated after that meeting he asked Councilmember Smith,Staff and the consultant and came up with the closed culvert idea 09/20/04 2223 then had a follow-up meeting with the Windsong residents with the new plan and then now we have the increase of cost before the City tonight to determine funding and which process for this project. The Mayor stated he wanted to go on record that he will not advance an open ditch concept, can look at funds in the budget to divert to this project, has had conversations with residents in Sunmeadow, thinks the open ditch would hurt values in this project area and an open ditch this close to a school is not good. Councilmember Goza asked have we looked to the other Bond projects and are they going to be in this same funding issue, with Staff answering probably yes, chances are yes, how big or bad cannot tell you, it will depend on when it hits the market. Councilmember Goza asked what about re-prioritization of projects, if over budget on other projects and we divert funds out of reserves for this project does this leave the City without adequate funding for other projects with Staff answering probably could not answer this question but use the bid process with base bid and alternates and fund the alternates that is affordable. City Manager Ron Cox stated that nothing is eliminated and Staff will look at reprioritization with alternates, has some high priorities,would be to budget the other projects in the upcoming budgets. Councilmember Ericsson stated he thinks there is no question the City needs to do a closed ditch, will affect 1/3 of the area, need to move quickly, are here tonight to determine where to get funds. Councilmember Ewing stated when will we discuss funding and the Mayor said should discuss tonight. City Manager presented funding information from the 2003 GO Bond Project Budget with the projected budget for closed and open ditches bids, project costs, project shortfall and sources of funding, possible home buyout at 620 Sun Court that has multiple repetitive losses, may look at this at a later date. Councilmember Measeles asked can we get help from FEMA on the buyout with the City Manager stating no, the property would have to be in the floodway or floodplain. The City Manager proposed funding that would allow for the closed ditch project. Councilmember Smith asked how far out are the capital projects in the budget process with the City Manager answering that they will be ongoing for a number of budget year, may look at drainage fee, there is no easy answer to this question, drainage needs were greater than the City's bond capability,hit with inaccurate cost estimates for this project and also increase in costs,there is still costs for the long term projects. The Mayor stated the City needs some other source of funding for drainage project. Councilmember Goza stated there are dollars from parks in the proposed funding from Centennial Park Budget that could be looked at. The City Manager stated in the big picture for 2005 budget there are funds budgeted for lighting, fencing and building of approximately $200,000 plus, had unappropriated funds of $173,000 from developers from Park Dedication funds,would use these funds for this project,is the only place that can be spent. Mayor asked if Council is comfortable with funding as proposed, projected $1,370,375 with proposal of $2,387,897 for a project shortfall of ($531,622) and want to expedite this project as quickly as possible, generally speaking,the majority of Council was in agreement to move forward with the proposed buyout to be determined as a separate issue, will have the bid on the October 4, 2004 agenda for awarding. 6:00 PM—EXECUTIVE SESSION Council did not convene into Executive Session in accordance with the Texas Government Code,pursuantto Section 551.072—Deliberation regarding Real Property and Section 551.074—Personnel Matters. This will be re-scheduled to the next meeting. 7:00 PM—REGULAR SESSION The Invocation was given by Stephanie Moses from Minister to Children, First Baptist Church of Friendswood. Two members from Boy Scout Troop 442 and 445 led the Pledge of Allegiance to the United States and to the State of Texas. 09/20/04 2224 Mayor Brizendine announced that Councilmember Kimmel was out for this meeting and announced that the City will be honoring former Mayor Harold Whitaker by naming a street after him as Whitaker Drive at the new Public Safety Building. Mayor Brizendine honored Joycina Baker and presented the Mayor's second Community Spirit Award and proclaimed Joycina Baker as Honorary Historian of the City of Friendswood. COMMUNICATIONS FROM THE PUBLIC No one spoke. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Jennifer Ainsworth from the Coppinger Family YMCA presented the annual report and a scrapbook featuring the children served at the YMCA. CITY MANAGER'S REPORT The City Manager reported that the City is scheduling a dedication for Whitaker Drive for September 23,2004 and stated as you know, we have named the street between the new Public Safety Building site and the Galveston County Consolidated Drainage District (GCCDD) complex "Whitaker Drive" in honor of former Mayor Harold Whitaker. Mr. Whitaker is now the President of the Board of GCCDD. The dedication ceremony will be held at 5:00 PM at the site and refreshments will be served. ACTION ITEMS "Councilmember Ericsson moved to approve Part 2 Agreementwith Vaughn Construction forconstruction of the Public Safety Building and authorization for the Mayor to sign the contract. Seconded by Councilmember Goza. The motion was approved 6-0. No action was taken regarding approval of the purchase of 620 Sun Court in conjunction with the Sunmeadow Drainage Project. ' RESOLUTION `•Councilmember Measeles moved to approve Resolution No.R2004-19—A Resolution of the City Council of the City of Friendswood,Texas,amending Appendix D of the Friendswood City Code to establish the rates to be charged by the City for Sewer Service. Seconded by Councilmember Smith. The motion was approved 6-0. ORDINANCES "Councilmember Goza moved to approve the First and Final Reading of Ordinance T2004-17,an Ordinance approving and adopting the City of Friendswood, Texas, General Budget for the Fiscal Year 2004/2005; 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. "Councilmember Goza made a motion to amend the main motion to approve an increase in budgeting for the Sunmeadow Drainage Project and to transfer Park Dedication funds to General Fund for Centennial Park. Seconded Councilmember Smith. The motion to amend the main motion was approved 6-0. 09/20/04 2225 **Councilmember Goza moved to approve the maintenance and operation tax rate of$.5547 on each One Hundred Dollars ($100) of assessed valuation. Seconded by Councilmember Ericsson. The motion was approved 6-0. **Councilmember Smith moved to approve the debt service tax rate of$.0838 on each One Hundred Dollars ($100) of assessed valuation. Seconded by Councilmember Ericsson. The motion was approved 6-0. **Councilmember Goza moved to approve and adopt the First and final reading of Ordinance T2004-16, an Ordinance providing for the assessment, levy and collection of Ad Valorem Taxes for the City of Friendswood, Texas, for the year 2004 and for each year thereafter until otherwise provided; providing the date on which such taxes shall be due and payable; providing for penalty and interest on all taxes not timely paid; and repealing all Ordinances and parts of Ordinances in conflict herewith and to approve the tax levy in the combined amount of$.6385 on each One Hundred Dollars($100) of assessed valuation. Seconded by Councilmember Ericsson. The motion was approved 6-0. **Councilmember Ewing moved to approve the First Reading of Ordinance T2004-18,an Ordinance of the City of Friendswood,Texas adopting a Code of Ethics governing the conduct of Officers and Employees of the City of Friendswood;repealing Ordinance No.91-21 passed and approved the a day of August 1991,same being an Ordinance adopting a Code of Ethics applicable to City Officers and Employees; Repealing Ordinance No. 98-35 passed and approved the 2ntl day of November, 1998,same being an Ordinance amending Ordinance no. 91-21; repealing all other Ordinances or parts of Ordinances inconsistent or in conflict herewith;providing a penalty in an amount not to exceed Five-Hundred Dollars($500.00)forviolation of certain provisions hereof; and providing for severability. Seconded by Councilmember Smith. **Councilmember Ericsson made a motion to amend the main motion to change reference to 4.07c to 4.06 c (citation) Seconded by Councilmember Measeles. The motion to amend the main motion was approved 6-0. **The main motion as amended was approved 5—1 with Councilmember Goza opposed. **Councilmember Ericsson moved to approve the First Reading of Ordinance T2004-19, 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 19t'day of November 1984, and being the Zoning Ordinance of the City,by changing the Zoning Classification of a certain 240.19 acre tract of land from Single- Family Residential (SFR) to Multi-Family Residential-Garden Home District (MFR-GHD), such tract being known as tracts 2,4 and 6 out of the John Dickinson League Abstract 9,in the City of Friendswood,Galveston County, Texas, by changing the Zoning Classification of a certain 74 acre tract of Land from Single-Family Residential (SFR) t Community Shopping Center(CSC), such tract being know as tracts 3 and 7 out of the John Dickinson League Abstract 9, in the City of Friendswood, Galveston County, Texas, all of which are within the City Limits of the City; providing for the amendment of the City's Official Zoning Map; providing for serverability; and providing a penalty in an amount not to exceed $2,000 for each day of violation of any provision hereof. Seconded by Councilmember Goza. The motion was approved 6-0. *Councilmember Measeles moved to approve the First Reading of Ordinance T2004-20, 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 1 e day of November 1984, and being the Zoning Ordinance of the City, by changing the Zoning Classification of certain 404.5 acre tract of land form Single- 09/20/04 222E Family Residential (SFR) to Planned Unit Development (PUD)-Cluster Homes, such tract being known as tracts 1 and 5 out of the John Dickinson League Abstract 9, in the City of Friendswood, Galveston County, Texas, by changing the Zoning Classification of a certain 47.35 acre tract of land from Single-family Residential(SFR)to Planned Unit Development(PUD)-Cluster Homes,such tract being know as tract 8 out of the John Dickinson League Abstract 15 and the Sarah McKissick Survey, Abstract 549, in the City of Friendswood, Harris County, Texas, all of which are within the City Limits of the City; providing for the amendment of the City's Official Zoning Map; providing for severability;and providing a penalty in an amount not to exceed$2,000 for each day of violation of any provision hereof. Seconded by Councilmember Smith. The motion was approved 6-0. COMMUNICATIONS FROM MAYOR AND COUNCILMEMBERS Councilmember Ewing reported she attended a meeting with Councilmember Measeles and Community Services Director Jon Branson on eco-tourism,attended the Friendswood Independent School District Prayer Breakfast honoring athletes,will hold one in January for Clear Brook schools, Educators Night will be at the . Library tomorrow, attended the Agricultural facility open house for Future Farmers of America (FFA), on Thursday will attend the Whitaker Street dedication and the Senior Citizen's Casino on Thursday. Councilmember Ericsson attended the 6:00 AM Prayer Breakfast, the Houston-Galveston Area Council meeting is tomorrow and he is chairing the audit committee and invited alternate Councilmember Goza to attend. Councilmember Goza reported he would attend the Houston-Galveston Area Council meeting tomorrow as an alternate. Councilmember Smith reported that the Prayer Breakfast was great to honor athletes,was well worth an early wake-up call and congratulations to them,attended the Planning and Zoning Commission meeting lastweek, would strongly urge Council to read the minutes of those meetings, commended the Lighthouse Cooking Team for the Lungs for Aaron fundraiser they held this weekend and was an awesome event. Councilmember Measeles reported he attended many of the same meetings,Galveston County Consolidated Drainage District had a meeting last week,adopted the tax rate and stated it has been the same rate for many ' years with no increase,announced the Heritage Day festival on October 23 and is a great one,activities will be at the Perry House,the Brown Museum,and will also have raffle tickets for chances to win a quilt and be sure to put this date on your calendar. Mayor Brizendine reported that he attends many meetings but rest assured he is not going to list them all, recognized City Manager Ron Cox and Staff for the budget process. The process has been refined over many years and has confidence in Staff, is a basic needs budget, prioritization, is a very effective process that serves citizens well. This Council is courageous enough to not get involved in a micro-management process, thanked Council for showing due diligence for staying where they need to stay, and further stated Council is very global and visionary. It has been a rough couple of months, everything is not all black, mostly gray, Council is doing what thinks best for this City as much as 30 years out,everyone is needed in the process,we miss anyone that is out, Council are great public servants. CONSENT AGENDA "Councilmember Smith moved to approve the Consent Agenda as presented. A. Approval of contract renewal with Vic Coppinger YMCA for after-school programs in Cline and Westwood Elementary and Teen Court. B.Approve Change Order No.3 to the 2003-04 Asphalt Street Project. C.Approve Change Order No. 09/20/04 2227 2 to Centennial Park Project for sports field lighting. D. Accept Mayor's Appointment of Robin Hall to the Fourth of July Steering Committee to fill a vacancy for a term to expire in November 2006. E.Authorize the purchase of Automated Mobile Citation Hardware and Software from the Court Technology Fund. F.Approve Banner Permit Application for Friendswood Independent School District's Red Ribbon Week. G.Approval of August, 2004 Property Tax Report. H. Report of Capital Projects. Seconded by Councilmember Ewing. The motion was approved 6-0. A motion was made and approved to adjourn at 7:52 PM. Mayor Kimball W. Brizendine Attest: s Ddkris McKenzie, TRMC City Secretary