Julie Masters, Mayor Charles Suderman Mary Dunbaugh Walter Wilson MINUTES City of Dickinson CITY COUNCIL REGULAR MEETING OCTOBER 28, 2008 Kerry Neves Louis Decker William H. King III, Mayor Pro Tem Julie M. Johnston, City Administrator The Dickinson City Council met in a duly called and announced REGULAR MEETING on TUESDAY, OCTOBER 28, 2008. The meeting was held in the City Council Chambers located at 1621 FM 517 East, Dickinson, Galveston County, Texas, and was held for the purpose of considering the following items: ITEM 1.) CALL TO ORDER AND CERTIFICATION OF A QUORUM Invocation and Pledge of Allegiance Mayor Pro Tem King called the meeting to order at 7:10 p.m. Carol McLemore gave the Invocation and Chief Ron Morales led the Pledge of Allegiance. City Secretary Carol McLemore called roll and certified a quorum. Council Members present were as follows: Mayor Pro Tem William King and Council Members Mary Dunbaugh, Walter Wilson, Kerry Neves, and Louis Decker. Absent were Mayor Julie Masters, Councilman Charles Suderman and City Administrator Julie Johnston. Also present were City Attorney, Loren Smith, Community Development Director John McDonald, Police Chief Ron Morales Finance Director Usha Mathew, Fire Marshal Norman Hicks, Director of Public Works Kellis George, Building Inspector Mike Ingalsbe, and Community Development Coordinator Angela Forbes. ITEM 2.) PROCLAMATIONS AND COUNCIL COMMENTS: Mayor Pro Tem King read and presented a proclamation to Andrew Ortiz of Bay Area Turning Point proclaiming October as Domestic Violence Awareness month in Dickinson. Mr. Ortiz gave information on domestic violence. Council commented on the following topics: Welcome and thanks to everyone for coming. Appreciation to Usha Mathew for her work and dedication to the City of Dickinson as Finance Director and well wishes in her future endeavors. Festival of Lights. Update on DHS Band competition in Galena Park. Last week s DHS Football game. Halloween. October 28, 2008 Regular Council Minutes Page 1 of 8
ITEM 3.) PUBLIC COMMENTS: Ebenezer Anene, 2760 Willow Creek Drive, League City, asked for assistance from the City in a housing grant that he would be administering in the City of Dickinson. Chief Ron Morales gave a brief update on the recovery efforts from damages caused by Hurricane Ike. Chris Tucker, 2304 Hughes Road, spoke on several items including Hurricane Ike, the use of Economic Development funds and the recently created Management District. ITEM 4.) CONSENT AGENDA: CONSIDERATION AND POSSIBLE ACTION: The following items were considered routine by the City Council and were enacted by one motion. There was not a separate discussion on these items. A. Approval of Minutes of Special Council Meeting of October 8, 2008 B. Approval of Minutes of Special Joint Meeting with Dickinson Economic Development Corporation of October 8, 2008 C. Approval of Minutes of Special Council Workshop Meeting of October 14, 2008 D. Approval of Minutes of Regular Council Meeting of October 14, 2008 E. Approval of Resolution Number 1005-2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING AND RE-ADOPTING THE INVESTMENT POLICY FOR THE CITY OF DICKINSON; PROVIDING FOR INCORPORATION OF PREMISES AND AN EFFECTIVE DATE. Councilman Wilson made a motion to approve all items on the consent agenda. Councilwoman Dunbaugh seconded the motion. ITEM 5.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: City Hall/Library Project A. Addition of Transfer Switch for Generator on City Hall Side October 28, 2008 Regular Council Meeting Minutes Page 2 of 8
Fire Marshal Norman Hicks gave a brief update on the progress of the construction. He noted that the contractor and architect were still working on the cost for adding a transfer switch for a generator on the City Hall side of the building. Council took no action in this matter. Chris Tucker, 2304 Hughes Road, spoke on the construction project and the legality of the Economic Development Corporation paying for the parking lot. ITEM 6.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Update on Oleander Bridge Project. Director of Public Works Kellis George reported that work on the bridge began on Monday and it would take approximately four months to complete the work. He informed Council that he had met with the residents to keep them informed and address their concerns. ITEM 7.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number 650-2008 - AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, REVISING SECTION 7, LONGEVITY, OF CHAPTER 8, COMPENSATION AND BENEFITS, OF THE CITY OF DICKINSON PERSONNEL POLICY (2005) TO PROVIDE FOR AN ANNUAL PAYMENT OF LONGEVITY PAY IN THE MONTH OF NOVEMBER EACH YEAR; PROVIDING FOR THE INCORPORATION OF PREMISES; AND PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE (Second of three readings). Mayor Pro Tem King read the ordinance by caption only. Councilman Decker made a motion to adopt Ordinance Number 650-2008 on second and final reading. Councilwoman Dunbaugh seconded the motion. ITEM 8.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Resolution Number XXX-2008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT FOR OPERATING AND ENGINEERING COSTS FOR THE DICKINSON BAYOU WATERSHED STEERING COMMITTEE; AUTHORIZING EXECUTION OF THE AGREEMENT BY THE MAYOR; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem King read the resolution by caption only. Councilman Decker made a motion to approve Resolution Number XXX-2008. Councilwoman Dunbaugh seconded the motion. Discussion followed October 28, 2008 Regular Council Meeting Minutes Page 3 of 8
regarding the necessity of paying for a study prior to the bond money to actually do the work being approved by the voters. Councilman Neves made a motion to table this item. Councilman Decker seconded the motion. ITEM 9.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number 652-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS, AMENDING CHAPTER 18, ZONING, OF THE CODE OF ORDINANCES, THE SAME BEING THE COMPREHENSIVE ZONING ORDINANCE, AS HERETOFORE AMENDED, TO REZONE LOT 1 OF PART OF LOT 154 OF THAMAN S 1ST SUBDIVISION, A SUBDIVISION IN GALVESTON COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 231, PAGE 6 IN THE OFFICE OF THE GALVESTON CLERK OF GALVESTON COUNTY, TEXAS. (MORE COMMONLY KNOWN AS 307 FM 646 NORTH) FROM RURAL RESIDENTIAL (RR) TO NEIGHBORHOOD COMMERCIAL (NC), WITH A SPECIFIC USE PERMIT TO ALLOW THE ADDITIONAL USE OF A CHILD DAYCARE FACILITY; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING A CUMULATIVE REPEALER CLAUSE, A SEVERABILITY CLAUSE, AND A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 AND THAT EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES SHALL BE DEEMED A SEPARATE OFFENSE; PROVIDING FOR THE AUTHORIZATION TO SEEK INJUNCTIVE RELIEF TO ENJOIN VIOLATIONS WHICH CONSTITUTE AN IMMINENT HAZARD OR DANGER TO THE PUBLIC HEALTH AND SAFETY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE (First of three readings). Mayor Pro Tem King read the ordinance by caption only. Councilman Wilson made a motion to approve Ordinance Number 652-2008 on first reading. Councilman Neves seconded the motion. ITEM 10.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Approval of a Final Replat of Lots One And Two Of Part Of Lot 154 Of Thaman s 1st October 28, 2008 Regular Council Meeting Minutes Page 4 of 8
Subdivision, A Subdivision In Galveston County, Texas According To The Map Or Plat Thereof Recorded In Volume 231, Page 6 In The Office Of The Galveston Clerk Of Galveston County, Texas. (More Commonly Known As 307 FM 646 North). Councilman Wilson made a motion to approve the final replat of Lots one and two of Part of Lot 154, Thaman s 1 st Subdivision. Councilman Neves seconded the motion. ITEM 11.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number 653-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS DELETING SUBSECTION A, SCHEDULE OF FEES, AND SUBSECTION D(10), APPROVAL OF PLANNING COMMISSION, BOTH CONTAINED IN SECTION 6, PROCEDURE TO SCHEDULE REVIEW AND APPROVAL OF PLAT, OF APPENDIX A, SUBDIVISIONS, OF THE CODE OF ORDINANCES OF THE CITY OF DICKINSON, TEXAS; ADOPTING A NEW SUBSECTION A, SCHEDULE OF FEES, OF SECTION 6, PROCEDURE TO SCHEDULE REVIEW AND APPROVAL OF PLAT, OF APPENDIX A, SUBDIVISIONS, OF THE CODE OF ORDINANCES; ADOPTING A NEW SUBSECTION D(10), OF SECTION 6, PROCEDURE TO SCHEDULE REVIEW AND APPROVAL OF PLAT, OF APPENDIX A, SUBDIVISIONS, OF THE CODE OF ORDINANCES TO BE ENTITLED COMMISSION AND COUNCIL APPROVAL ; PROVIDING FOR THE INCORPORATION OF PREAMBLE; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE (First of three readings). Mayor Pro Tem King read the ordinance by caption only. Councilwoman Dunbaugh made a motion to approve Ordinance Number 653-2008 on first reading. Councilman Wilson seconded the motion. ITEM 12.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number 654-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS AMENDING THE SUBDIVISION ORDINANCE BY THE ADDITION OF A DEFINITION OF ADMINISTRATIVE OFFICIAL ; ESTABLISHING REQUIREMENTS RELATING TO COMPLETENESS DETERMINATIONS October 28, 2008 Regular Council Meeting Minutes Page 5 of 8
FOR PLAT AND DEVELOPMENT APPLICATIONS; PROVIDNG FOR PROCEDURES; AMENDING THE SUBDIVISION ORDINANCE TO PROVIDE THAT THE PROVISIONS OF THIS ORDINANCE SHALL APPLY TO APPLICATIONS FOR PLAT APPROVAL; ESTABLISHING FEES; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000.00 FOR ANY VIOLATION OF THE PROVISIONS OF THIS ORDINANCE, WITH EACH DAY OF VIOLATION CONSTITUTING A SEPARATE OFFENSE; PROVIDING CUMULATIVE AND SEVERABILITY CLAUSES; AND PROVDING AN EFFECTIVE DATE.(First of three readings). Mayor Pro Tem King read the ordinance by caption only. Councilman Wilson made a motion to approve Ordinance Number 654-2008 on first reading. Councilman Neves seconded the motion. ITEM 13.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number 655-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DICKINSON, TEXAS, RENAMING THE PORTION OF 27 TH STREET, LOCATED BETWEEN TIMBER DRIVE AND STATE HIGHWAY 3, A PUBLIC ROADWAY, AS SUNSET DRIVE; PROVIDING FOR THE INCORPORATION OF PREAMBLE; DIRECTING THE CITY ADMINISTRATOR TO INSTALL PROPER STREET SIGNAGE RELATED TO THE RENAMING; AND PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, AND AN EFFECTIVE DATE (First of three readings). Mayor Pro Tem King read the ordinance by caption only. Councilman Wilson made a motion to approve Ordinance Number 655-2008 on first reading. Councilman Decker seconded the motion. ITEM 14.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ordinance Number 656-2008 AN ORDINANCE OF THE CITY OF DICKINSON, TEXAS PROVIDING FOR THE SUSPENSION OR MODIFICATION OF CERTAIN ORDINANCES AND REGULATIONS AS AN EMERGENCY MEASURE IN RESPONSE TO A STATE OF DISASTER CAUSED BY HURRICANE IKE; AUTHORIZING THE MAYOR TO EXECUTE AND DELIVER A LETTER TO THE FEDERAL EMERGENCY MANAGEMENT October 28, 2008 Regular Council Meeting Minutes Page 6 of 8
AGENCY REQUESTING ASSISTANCE FOR DICKINSON RESIDENTS; AND PROVIDING THAT THIS ORDINANCE SHALL BECOME EFFECTIVE FROM AND AFTER ITS PASSAGE AND ADOPTION (First and final reading). Mayor Pro Tem King read the ordinance by caption only. Councilwoman Dunbaugh made a motion to adopt Ordinance Number 656-2008 on first and final reading. Councilman Wilson seconded the motion. Councilman Wilson asked if the ordinance was being adopted on one reading under the emergency provision. The City Attorney responded that it was. ITEM 15.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Ratification of the ad valorem tax rates of 0.301458 per $100 of value for maintenance and operations and 0.107142 per $100 of value for debt service, for a total ad valorem tax rate of $0.4086 per $100 of value as adopted in Ordinance No. 649-2008 passed, approved, and adopted on the 23 rd day of September, 2008. Councilwoman Dunbaugh made a motion to ratify the ad valorem tax rates of 0.301458 per $100 of value for maintenance and operations and 0.107142 per $100 of value for debt service, for a total ad valorem tax rate of $0.4086 per $200 of value as adopted in Ordinance Number 649-2008. Councilman Wilson seconded the motion. 4 AYES (Dunbaugh, Wilson, Neves and King) 1 NAY (Decker) ITEM 16.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Approval of 2008-2013 Capital Improvement Program. Councilwoman Dunbaugh made a motion to remove this item from the table. Councilman Wilson seconded the motion. The motion passed by unanimous vote. Council discussed the proposed 2008-2013 Capital Improvement Program with Director of Public Works Kellis George. Council took no action in this matter. Chris Tucker, 2304 Hughes Road, spoke concerning the drainage and having the Economic Development Corporation paying for the work. October 28, 2008 Regular Council Meeting Minutes Page 7 of 8
ITEM 17.) CONSIDERATION AND POSSIBLE ACTION CONCERNING: Additional 1% Cost of Living Adjustment for Non-collective Bargaining Employees other than Police Captains. Councilman Neves made a motion to table this matter. Councilman Decker seconded the motion. 3 AYES (Wilson, Neves and Decker) 2 NAYS (Dunbaugh and King) ITEM 18.) ADJOURN Councilman Neves made a motion to adjourn the meeting at 8:25 p.m. Councilman Wilson seconded the motion. Approved and adopted this the 11 th day of November, 2008. ATTEST: Julie Masters, Mayor Carol L. McLemore City Secretary October 28, 2008 Regular Council Meeting Minutes Page 8 of 8