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HomeMy WebLinkAboutCC Minutes 2004-10-18 Regular 10/18/04 2228 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTONIHARRIS )( OCTOBER 18, 2004 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON ' MONDAY, OCTOBER 18,2004AT4:00 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(arr. at 7:00 PM) COUNCILMEMBER MEL MEASELES CITY ATTORNEY LOREN SMITH CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE 4:00 PM—WORK SESSION -SECOND FLOOR CONFERENCE ROOM Governance discussion was held regarding Vision Message. City Manager Ron Cox presented developing a message and getting out in the community, use the updated Mission Statement, the Community and Economic Development Committee(CEDC)sub-committee met today and developed a proposed messagei "Friendswood needs to maintain the quality of life and improve the economic vitality of our community by seeking a diversified tax base through quality of growth" and then a message as to why we need it with 6 reasons why. ' Council discussed the statement and discussed the wording,detail needed,and the impact of going to 80/20. Mayor Brizendine stated we are not going to resolve this tonight, gave Staff changes to work on, be more direct in the statement, add measurement component, basic services, infrastructure, public safety, human' resources,Staff,etc., made a good first swing,gave input, massage message and bring back,get back below global message. Council stated communication is key and we need to be sure it is"Our"message that goes out, be more direct, and what will it take to achieve 2020. Discussion was held regarding West Property and the proposal for Municipal Utility District (MUD)/Tax Increment Reinvestment Zone(TIRZ). City Manager Ron Cox gave an overview of the project to date and presented a PowerPoint presentation on framing the issues,value of the project,does the project have value to the City, if so, what components are most valuable, thoroughfare development-Brittany Bay, West Boulevard, open space availability-public space along creeks, no development is flood plain,single drainage plan-larger consolidated detention,commercial districts-general commercial,village center, master planne6 predictability,regarding Financing districts are one or more of these components required by Council to merit a financing district, if so, which components, which financing district is most desirable, MUD, TIRZ or both MUDITIRZ. The next steps to be determined is Council is ready to proceed with desirable financing district(s), if so,which one or both is most desirable,Staff will use consultants to draft a plan for Council to consider and use for the basis of negotiation with the developer, with input from Sue Darcy with Knudsen &Associates, 1 I 10/18/04 2229 Jeanne McDonald, Financial Advisor, and Olson &Olson. Mayor Brizendine has put expectation on the City Manager and Staff for recommendations. Staff recommends fair plan of action—greater community as it relates to the community—believe it is City Manager and Staff responsibility to bring forth a recommendation,with Council concurring, but stated give support and direction. City Manager Ron Cox stated some of the benefits of a project of this type are low density, better controls,will ' have positive impact on Friendswood facility issues, and merits for financing. Council discussed the merits of the MUD, TIRZ or a mix of other types of funding such as a Public Improvement District(PID) or bonds. The Mayor stated there needs to be further discussion of different criteria and components need to have additional discussion. City Manager Ron Cox stated we have enough to prepare a proposal and compare developer proposal, and this was not a negotiation but a review. The Mayor stated we have to plan for a morning Workshop as soon as possible to develop specific criteria to include in this agreement. Discussion was held regarding the Preliminary Engineering Report for Friendswood Link Road. A presentation was made by Sam Kruse and a staff member from Claunch&Miller who presented an overview of the project to get traffic from Interstate 45 to FM 518, presented planning of scope of work for four lanes, right-of-way (ROW)needed if El Dorado Boulevard goes through,there are 16,000 vehicles per day, if goes to four lanes, federal funds if not City funds would have to pay, will need easements with sidewalks, the bridge would be widened to four lanes with sidewalks both sides. On the Galveston County side, homes are very close to the right-of-way, provide Galveston County property taking acres needed and identified owners for different alternatives, alternative 3—1.07 acres for four lane—total right-of-way,these are estimates, raised medians would impact homes with east and west side driveways on Friendswood Link, summary of alternatives, TxDOT may consider funding if median not planned and presented a recommended alternative four lane concrete curb and gutter west of Clear Creek: ' • 90 ROW(30' to be purchased) • 14' Median • east of Clear Creek • 110 ROW • 22' Median • Sidewalk both sides • widen existing bridge • some walls may be required • utility adjustments • estimated cost$5,342,985 May have to purchase homes due to ROW needs, sound walls based on a certain amount of noise may be required, public meetings required and residents will agree whether they want or not. Mayor Brizendine stated what process was used to reach this point. Sam Kruse stated the City went to the State for funding a couple of years ago, meetings with City Staff and 1 10/18/04 2230 two public hearings were held,reviewed by agencies, if proceed forward,City has Bond funds for this project, probably 80/20 split with City 20%. The City Manager stated the City is not obligated to proceed, federal money may not fund if medians are removed, how will ROW align with bridge, pretty much centered on east side, would take more ROW than proposed. Timeline is that TxDOT is reviewing at this time and then on to other agencies, 314 months and federal government for review,TxDOT provided traffic count information. It was stated this is a different kind of street than FM 528 and FM 2351; Council questioned the number of vehicles from TxDOT and Houston- Galveston Area Council. Councilmember Ewing asked that this presentation be e-mailed to Council. Council wants to physically look at the project and if anything changes with process need to inform citizens. 6:00 PM—CLOSED EXECUTIVE SESSION Council did not convene into Executive Session in accordance with the Texas Government Code,pursuant to Section 551.074—Personnel Matters. This will be rescheduled to the next meeting. 7:00 PM—REGULAR SESSION -COUNCIL CHAMBERS The Invocation was given by Pastor David Bridges from Friendswood Friends Church. Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS Mayor Brizendine presented a proclamation to Carol Jones and Brent Goswick with Friendswood Chamber of Commerce for the Chamber of Commerce Week October 11-15 and Membership Drive-Month of October and recognized members of the Leadership Class of 2004. A proclamation designating Red Ribbon Week for Friendswood Independent School Districtand Clear Creek ' Independent School District was presented to representatives of the school districts. City Manager Ron Cox made a special presentation of the Five Star Award for Third Quarter of 2004 to Sylvia Ardoin,Code Enforcement Officerwith the Community Development Department. Sylvia has been the Code Enforcement Officer for the City of Friendswood since May 20, 2002. Herjob is one that is both challenging and rewarding. She deals with many difficult issues on a daily basis that are not always easily solved. Sylvia is a Certified Code Enforcement Officer and is currently in the police academy at Alvin Community College studying to become a certified police officer and will graduate in May 2005. Sylvia's dedication to the quality of herwork earned her nominations from several people,including City employees and citizens expressing that she displays the qualities of the Five Star Spirit. COMMUNICATIONS FROM THE PUBLIC No one spoke. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS The annual report from Galveston County Health District was given by Director Ron Schultz who gave an overview of the report. 10/18/04 2231 The annual report from the Friendswood Chamber of Commerce was given by Brent Goswick,Chairman who gave an overview of the report. CITY MANAGER'S REPORT City Manager Ron Cox introduced members of the third Chamber of Commerce Leadership Friendswood class and reported that the Friendswood Chamber of Commerce sponsors this program. He further stated that he and Administrative Services Director Roger Roecker serve on the advisory committee for this program. These sessions will last over a nine-month period,with one class per month. This class started with a two- day retreat at Columbia Lakes as a team-building project. Time will be spent at the City of Friendswood, Friendswood Independent School District,Galveston County,and area utility companies and will be capped off with a trip to the capitol in Austin and a visit with our state elected officials. The class spent the afternoon with City Staff on October 4 and learned the history of the community from docents at The Brown Museum. The class is concluding their session with the City by attending this Council meeting. I believe this to be a worthwhile process all around,allowing those interested in the leadership of our community an opportunity to receive first-hand knowledge of what is happening and how things work. Roger Roecker was a member of the first Leadership Friendswood class and Public Works Director Mike Hodge was a member of the second group. Community Services Recreation Coordinator Chuck Jennings is a member of this third class. City Manager Ron Cox reported on the Annual Economic Development Workshop and Broker Event and stated that in 2003, the City teamed up with the Friendswood Chamber of Commerce to conduct the annual broker event on the same day as the Chamber's annual golf tournament. This year's event was held on October 14 at Timber Creek Golf Club. The Mayor and Council, members of the Economic Development Committee and Staff, made presentations and interacted with commercial brokers interested in doing business in the City. He stated that Council's involvement in this important event is appreciated. City Manager Ron Cox reported on the Committee Chair Retreat and stated that for the first time, Mayor Brizendine and Staff brought together the chairs of the City's advisory committees for a planning retreat on October 7. The retreat was to present the governance process used by the City Council, and now the Planning and Zoning Commission,to all the advisory committees. In addition,the various chairs were asked to present their issues for Council consideration. Staff has compiled these lists of issues for Council to review and this list was given to Council. It was agreed that communication between committees prior to bringing issues to Council will help develop better recommendations and it was agreed that workshops between the ' various committees and Council would help communicate ideas and issues between the groups. These will be implemented. City Manager Ron Cox reported that one of the key goals of Council is to better connectwith our citizens. We have over 150 citizens involved in our committees, boards,and commissions who are appointed by the Mayor or the City Manager to provide advice and make recommendations to the Council and Staff in a variety of matters and we appreciate all the work they do. In an effort to recognize them for their hard work and spirit of volunteerism, Mayor Brizendine led the effort to plan an evening of recognition for them in 2003, and preparations are being made to do that again this year. All members of our committees, boards and commissions have been invited to a recognition dinner at Leavesley Park,Jones Hangar on October 19. This event will begin at 6:30 p.m.with dinner. Following will be a time when the Mayor and Council can recognize each member of all the committees for their dedicated service to the community. We look forward to that time and hope to see all of Council present. City Manager Ron Cox reported on the Police Department Grant Programs and stated that periodically we have highlighted the City's efforts to obtain grant funding for various programs. The Police Department has been included in the past and we want to do that again. Staff has prepared a written report and a spreadsheet 10/18/04 2232 to show the success of our efforts in this area. In summary, we have four active grant programs that have been active over the last six years. A total of$1,025,990 in federal and/or state funding has been received for these programs over that period of time. They have either funded Staff or equipment and have been worthwhile to the service provided to our citizens. We have received these funds and provided services to our citizens; however, these grants are reaching their maturity for funding availability. We expect two of these grant programs to not be available to us in Fiscal Year 2006. As such, we will need to make decisions on ' whether to continue the programs with City funds. Both of these programs have been well received in the community and include the School Resource Officer program for Friendswood High School and Friendswood Junior High School and the Victims of Crime Assistance (VOCA) program. City Manager Ron Cox reported on the Citizen Survey and stated the City of Friendswood has contracted with the University of North Texas in Denton to conduct a statistically accurate phone survey of citizens within our City. This survey is designed to measure the citizen's views on a number of City related issues including service levels in our various departments. In addition, it will ask questions relative to the City's economic development activities. The survey began the week of September 27 and will continue until the total number, of citizens needed for an accurate survey is contacted. Review and analysis of the survey will take some time.) It is expected the analysis process will take at 60 to 90 days. A news release on this issue was given tol Council. City Manager Ron Cox reported on Mary's Creek Bridge being painted and stated that Scott Derr, a Friendswood resident, painted the bridge rails on FM 518 at Cowards Creek as a community service. Mr.Derr is a contractor with the Texas Department of Transportation and paints bridges for that agency all over Texas I He also has contracts in Louisiana and other states. We are pleased to announce that Mr. Derr has offered to paint all the bridge rails on the major roads in our city. These include bridges on FM 2351, FM 518 and FM 528. He will be painting these over the next few months, as time allows in his schedule. This is a great community service. The bridges look new again, are attractive, represent our City well and save us tax dollars. ACTION ITEMS "Councilmember Goza moved to disapprove action regarding a negative recommendation from the Planning and Zoning Commission regarding a zone change request for a 1.445 acre tract at Friendswood Lakes ' Subdivision. Seconded by Councilmember Kimmel. The motion was approved unanimously. ORDINANCES "Councilmember Ewing moved to approve the Second and Final reading of Ordinance No. T2004-15, 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 1.63 acre tract of land from Neighborhood Commercial(NC)to Office Park District(OPD),such tract being lots 3 and 4 of the Final Plat of Parkwood Crossing Subdivision, Friendswood,Galveston County,Texas,within the 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 Measeles. The motion was approved unanimously. "Councilmember Ericsson moved to approve the Second and Final reading of Ordinance No.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 5v'day of i 10/18/04 2233 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 2°d 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) for violation of certain provisions hereof; and providing for severability. Seconded by Councilmember Smith. The motion was approved 5-2 with Councilmembers Goza and Kimmel opposed. ' **Councilmember Goza moved to table the Second and Final reading of Ordinance No. 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 19th 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)to 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 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 unanimously. **Councilmember Smith moved to table the Second and Final reading of Ordinance No. 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 19th 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-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 Ericsson. The motion was approved unanimously. **Councilmember Kimmel moved to approve the First reading of Ordinance No. T2004-22, 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 19th day of November 1984,and being the Zoning Ordinance of the City, by changing the zoning classification of a certain tract of land totalling 1.445 acres from Single-Family Residential(SFR)to Office Park Development(OPD),such tract being a portion of unrestricted Reserve "B° along Friendswood Lakes Boulevard, Friendswood Lakes Subdivision, Section 1, Galveston County, Texas, and 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 Measeles. The motion was approved unanimously. **Councilmember Measeles moved to approve the First reading of Ordinance No. T2004-23, an Ordinance amending the Code of Ordinances of the City of Friendswood,Texas,by deleting therefrom Section 74-1 in its entirety and by adding a new Section 74-1 to prohibit unreasonable acceleration on the highways,streets and 10/18/04 2234 roads within the corporate city limits of Friendswood; providing a penalty of an amount not to exceed $1,000.00 for each violation of any provision hereof; providing for severability;and repealing all ordinances or parts of ordinances inconsistent herewith. Seconded by Councilmember Smith. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Mayor Brizendine introduced several ladies attending this meeting earning extra credit for a Friendswood Independent School District Government class. Mayor Brizendine, Councilmember Measeles, Kimmel and Goza had no report. Councilmember Smith reported that normally there are 22 voters the first day of early voting and today there were 598 voters. Councilmember Ericsson reported that the Houston-Galveston Area Council meeting is in the morning. Councilmember Ewing reported that Saturday's Fall Haul-a-Day was successful and there are a lot of dedicated volunteers, Staff, Councilmember Measeles and Councilmember Ericsson. i CONSENT AGENDA **Councilmember Ewing moved to approve the Consent Agenda as presented. A.Award of Bid No.2004-11 and authorize the Mayor to execute the contract with Troy Construction, Inc., for the Sunmeadow Drainage Improvements. B. Ratify and confirm approval for Emergency Management Performance Grant for Fiscal Year 2005. C.Authorize the Mayor to execute a contract renewal with Galveston County Health District for Water Pollution Control and Abatement Services. D.Approve amendments to the Community Appearance Board's Grant Program Policy. E.Approve Resolutions of the City of Friendswood as follows: 1. Resolution R2004-20,A Resolution of the City Council of the City of Friendswood,Texas, authorizing the Traffic Safety Program Step Wave Grant for Fiscal Year 2005. 2. Resolution R2004-21,A Resolution of the City Council of the City of Friendswood, Texas, authorizing intervention in the application for approval by the Public Utility ' Commission of Texas of the acquisition of Texas-New Mexico Power Company by PNM Resources; authorizing the joining with other intervening cities to coordinate efforts to protect municipal and ratepayer interests; authorizing the hiring of attorneys and consultants; and requiring reimbursement of the cities' ratemaking costs. 3. Resolution R2004-22, A Resolution of the City Council of the City of Friendswood, Texas,expressing intent to finance expenditures to be incurred and to reimburse itself for all costs associated therewith. 4. Resolution R2004-23, A Resolution of the City of Friendswood, Texas, hereby designates Councilmember Jerry Ericsson as Representative and Councilmember Tracy Goza as Alternate to the Houston—Galveston Area Council 2005 General Assembly. 5.Resolution R2004-25,A Resolution of the City of Friendswood,Texas, Galveston/Hams Counties, endorsing the appointment to fill the vacant Municipality Position on the Galveston County United Board of Health. F. Accept proposals and authorize the Mayor to sign Amendments No. 24 and No. 25 to the contract with SCL Engineering for engineering services for the Deepwood Lift Station and Whitcomb Force Main projects. G.Authorize the Mayor to execute contracts for consulting services for development of an agreement for financing districts with Friendswood Development Corporation: 1. Expanded consulting agreement with Knudson & Associates. 2. Agreement with Jeanne McDonald, Legal Consultant. H. Approve Banner Permit Applications: 1. Friendswood Chamber of Commerce's Shop Local Campaign. 2. Friendswood Heritage Gardener's Christmas Tour of Homes. 3. Friendswood Historical Society's Heritage Festival. 4.Friendswood Chamber of Commerce's Lighted Holiday Parade. I. Report of Capital Projects. J. Approval of September, 2004 Property Tax Report. K. Approve i 10/18/04 2235 Minutes of August 30 Special Meeting, September 13 and September 20, 2004 Regular Meetings. Seconded by Councilmember Kimmel. The motion was approved unanimously. A motion was made and approved to adjourn at 8:09 PM. V y Mayor Kimball W. Brizendine Attest: Deloris McKenzie, TRMC City Secretary 1 1