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HomeMy WebLinkAboutCC Minutes 2008-08-18 Special 08/18/08 2977 ,-.. STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( AUGUST 18, 2008 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, AUGUST 18, 2008, AT 5:00 PM AND A REGULAR MEETING AT 7:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS,WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR DAVID SMITH MAYOR PRO-TEM ANDY RIVERA COUNCILMEMBER MICHAEL BARKER COUNCILMEMBER JIM BARR COUNCILMEMBER JIM HILL COUNCILMEMBER LESLIE REID COUNCILMEMBER BILL HOLBERT CITY ATTORNEY BOBBY GERVAIS ACTING CITY MANAGER ROGER ROECKER DEPUTY CITY SECRETARY MELINDA WELSH Mayor Smith called the meeting to order. SPECIAL SESSION ,..-. A discussion was held regarding the proposed FY2008-2009 General Operating Budget. Acting City Manager Roger Roecker stated Staff has worked since the last budget meeting to see where additional revenue could be found. Mr. Roecker went over the handout from Administrative Services and discussed alarm fees and stated he is comfortable with the $24.00 residential and $48.00 commercial rate fee structure. The $25,000 amount was based on those rates and is a guess, cannot say how Single Family Residential (SFR), Commercial accounts and others are monitored, included basis of implementation date of January 1, 2009, located on the second line is Texas Municipal League (TML) Equity return. At the end of the year, TML returns a portion of the City's premium depending on how the City does and have asked TML if they can give an amount estimate. Parks and facility fees were discussed among Staff, Community Services Department Director James Toney, and will discuss later where there might be opportunities of revenue. Regarding the expenditure reduction section, a full-time police officer is in the budget and would start that officer in January 2009 for a savings, there is currently a cost savings from interim staff positions currently being held, made adjustments since would not have someone hired by October 1, went down the list and prioritized. Mr. Roecker stated he moved the Fire Department request for AED batteries up in the list, Animal Control position increased from half time to full time with a truck, Baker Road soccer improvements, audio visual equipment, additional election expenditures, Fire Department Lifepack digital radio modems, concrete pumping machine, decided to do without street sweeper and stated now it is up to Council to determine the rest of the amount for the budget. �--.- 08/18/08 2g78 � Councilmember Holbert asked about comparison in alarm fees with surrounding cities. Friendswood Police Chief Wieners spoke regarding alarm fees and a sunrey that was done with other cities on what they charge. Chief Wieners stated he thinks it will cost the city $35.00 to run an alarm next year and thinks that is good for residential and $70.00 for commercial. Panic alarms will drive the response time up, a burglar alarm is around 10 minutes at this time and emergency response times are 4 minutes right now. Councilmember Holbert recommends the City adopt a $96.00 fee on the commercial side only because generally two units are dispatched to those calls and residential should be $36.00. Chief Wieners stated financial businesses are usually charged more because more officers respond to those calls. The City of Cedar Hill has adopted $50.00 for residential, $100.00 for commercial and $300.00 for financial such as banks. They are finding a problem with the administration of this since addresses are incorrect and there is discussion with dispatch on where that business or house is located. Chief Wieners stated he recommends amending the false alarm ordinance, permitting is what is currently being talked about and they are not false alarms. Council consensus on the alarm fees were with Councilmember Hill proposing $24.00 residential and $48.00 commercial, Councilmember Rivera stated whatever it costs to do it and Councilmember Reid proposing $35.00 residential and $70.00 commercial. Mayor Smith asked if this was a raised tax rate and Mr. Roecker stated no that it is the current rate, effective tax rate plus 3%, this is what was presented in the original proposal. Mayor Smith asked if Staff had any problems with any of this and Mr. Roecker stated the group worked pretty well together. Councilmember Reid asked about the full-time officer and if they will have a car, Mr. Roecker stated yes but it will not be a new car. Chief Wieners stated the Police Department will run an old unit for an additional year. Councilmember Barker asked about grant writing cost and stated he had not decided what to do yet and Mayor Smith asked if we should have that discussion first and Councilmember Barker stated yes. Councilmember Barker stated the City is taking another officer out of the budget, if Council adopts the � higher alarm schedule fee then the City could have funds for that officer, the alarm monitoring company is making the money, will eliminate the car for the police officer in order to fund the grant writing fund request when Council does not know what we are going to do. Chief Wieners stated there will be no problem not having a car. Mayor Smith asked Mayor Pro-Tem Rivera to take over because he had to step out of the Council Chamber to take care of some business. Mayor Pro-Tem Rivera stated the budget figures are fluid, what is trying to be done is to figure out the tax rate. Traditionally the City is conservative in the revenue estimates and can at least set the effective tax rate. Mayor Smith returned to the Council Chambers at this time. Mayor Smith stated Council has to adopt the budget by September 15, 2008, and has publication mandates. Mr. Roecker stated the public hearing will be August 26, 2008. Mayor Smith stated Council should take a record vote on the tax rate. Mr. Roecker stated budget adoption will be September 15, 2008, tonight Council will need to do proposed tax rate and schedule the budget hearing. Mayor Smith and Council thanked Staff for their hard work on the budget. Councilmember Hill thanked Staff for their hard work and sacrifice, this will enable Council and Staff to do great things for the City. The people of Friendswood will see that Council and Staff have been responsible with their money and hopes they appreciate it. Councilmember Barr stated he likes the discussed fee amount where the City would charge more for financial institutions, the cost is more since more officers have to respond, likes the$35.00 residential and $70.00 commercial and $140.00 financial tier. Chief Wieners stated if there is an alarm permit the City �""'' will have accurate and up-to-date information to call the people that need to be notified, 95% are false alarms. 08/18/08 2979 � Councilmember Rivera stated most financial institutions have their own private security, Chief Wieners stated some do, some do not, the ones that do they contract on their own. Councilmember Barker stated it definitely needs to be done,just not sure of what should be charged. Councilmember Barr asked what Chief Wieners' recommendation is and Chief stated there should be a two tier fee plan, it does not matter the cost, it is not about raising revenue, it is about trying to recover costs, costs currently are roughly $30.00 to answer residential alarm, will cost more this year because of higher salary and fuel. Councilmember Reid stated she agrees to raise it to$36.00 residential and $72.00 commercial. Councilmember Barr stated he agrees with the $36.00 residential and $72.00 commercial and clarified that it is only after the fifth call and then they will be fined. Chief Wieners stated would have to do community education to implement this with a grace period. Councilmember Barr stated he would not give businesses the same grace period as residential, should have teeth written into the ordinance for violations. Chief Wieners stated people that have alarms will do the right thing and thinks the City will have a high compliance rate. Councilmember Holbert stated $36.00 residential and $96.00 commercial gets closer to the actual cost recovery but will go along with $36.00 residential and $72.00 commercial fee. Councilmember Hill stated if the City is really going to have cost recovery then residential alarms should �,,,_ cost more because they have more, the big picture is that police need to be able to respond to the right address. Councilmember Rivera stated he is comfortable with $36.00 residential and $72.00 commercial since it is new, Council can come in and change later if needed. Chief Wieners stated Councilmember Hill made a good point about residential being more often, the type of response for businesses is what is driving up the cost. Chief Wieners stated this is not Council or Police Department driven but vendor driven, they are selling citizens a service and will help in education. James Toney, Community Services Director, stated Councilmember Barr asked him to research fees for athletic youth groups, policy states a fee of $25.00 per person for non-residential and no charge for residents, suggested Councilmember Barr review, took Centennial Park budget and total number of operating expenses, costs $47.00 per participant, reviewed all fees, gazebo fees, Leavesley Park, summer day camp and found the City is below the cost of what other cities are charging. Friendswood charges $150.00 for day camp, other cities charge $200. Gazebo and pavilion fees are similar to neighboring cities, reviewed summer day camp costs and can add more participants without having to add staff or equipment, would like input from Council. Councilmember Barr stated fees should be generated from non-residents including Parks and the Library. Councilmember Barr asked how many of the kids from Centennial are Friendswood residents, James Toney stated 30 of participants are non- Friendswood residents in football program, soccer program has 2500 participants and 1100 are Friendswood residents. Councilmember Barr asked if it is known what the non-residents kids are being charged. James Toney stated yes they are and it goes into the City's General Fund. Councilmember Barr stated he does not want Friendswood residents to have to pay for non-resident's use. Councilmember Holbert asked if there is any other sport that the non-resident number is high like soccer, � James Toney stated no. Councilmember Holbert asked if the $25.00 fee to non-residents is enough to cover money on maintenance and James Toney stated no, groups come out and do repair work on the fields. Councilmember Holbert stated he gets complaints from people saying their kids cannot get in to programs because they are full. James Toney explained this issue is complex and difference between 08/18/08 2980 � competitive teams and recreation teams for soccer. Counciimember Holbert stated would the cost need to be $47 to recover costs, James Toney stated yes. Councilmember Reid stated do Friendswood residents have to pay costs to play in other cities fields and James Toney answered yes. Councilmember Rivera stated cannot recover complete cost with non-resident fees. Councilmember Barker asked when the last time the rates were raised and James Toney stated 4 years ago. Councilmember Barker stated it is time to go up since prices have gone up. Councilmember Barr stated he is not proposing an additional usage fee on Friendswood residents, only the non-residents, kids are paying $800 a year for soccer already. Mayor Smith stated what entities or piayers are involved whose input can be given to Council, James Toney answered the Parks and Recreation Board, representatives of various clubs that use the fields. Mayor Smith asked if Council would consider using a sub-group to work on this. Councilmembers Barker, Hill, Reid, and Rivera stated it was a great idea. James Toney stated he thinks it is a great idea, has representatives on the Parks Board from the groups. Councilmember Barker stated he would like for James Toney to look for finro people in each group, Councilmember Holbert stated the group should have a time frame and Councilmember Barr stated time frame should be 60 days so the City can have something in place by the first of the year. Mayor Smith stated he is comfortable with 60 days and would like the sub-group to bring a report back to Council. James Toney asked if Council are limiting to user group fees for sports or all other fees. Mayor Smith stated to concentrate on all fees for non-Friendswood residents, if in researching there is something out of whack bring it to Council. Councilmember Reid asked if summer day camp was lower than other cities and James Tony stated yes. Mayor Smith asked what percentage are Friendswood kids and James Toney stated 96% are Friendswood residents the City fills up slots with Friendswood resident kids first. Councilmember Rivera stated to focus on what is causing the problem which is sports, look at other adjustments as needed. Mayor Smith asked what other Councilmember wants to help Councilmember Barr since he is liaison and there was no reply. CLOSED EXECUTIVE SESSION ...�► Council convened into Executive Session in Accordance with the Texas Government Code, pursuant to Council will convene into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.071 — Consultation with attorney concerning pending or contemplated litigation; a settlement offer; or a matter in which the duty of the attorney requires it and Section 551.072: Deliberation regarding real property. Council convened into Regular Session at 7:00 pm with action taken later in the meeting. RECONVENE INTO OPEN SESSION 7:00 PM—REGULAR SESSION Pastor Joe Schwenk with Baybrook Baptist Church was unable to attend the Council meeting and a moment of silence was given in place of the invocation. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS Deputy City Secretary Melinda Welsh administered the Oath of Office for reappointment to Municipal Court Judge James Woltz and Associate Judge Richard Flake. A special presentation of the Five Star Spirit Employee Award for the Second Quarter of 2008 was given to Melinda Welsh, Deputy City Secretary, in the Friendswood City Secretary's Office. � 08/18/08 2981 .-. A special recognition was given by Community Services Director James Toney, Parks Board members Mel Measeles and Penny Burke to Stuart Williams for his 13 years of service on the Parks and Recreation Board. Stuart Williams was unable to attend the meeting. Mayor Smith presented a Proclamation to Fire Chief Jeff Smith and Assistant Fire Chief Marc Faber with the Friendswood Volunteer Fire Department proclaiming August 30, 2008, as " Fill the Boot Day" for the Muscular Dystrophy Association (MDA). An MDA spokesperson spoke and stated all the money contributed would stay in the area. COMMUNICATIONS FROM THE PUBLIC Ken Truman, Friendswood resident, addressed Council and stated he would like to speak about the Clover Acres subdivision drainage problem, thanked everyone who helped and worked together and it will do a lot of good in the future, stated he is working with the United Way in Texas City and on September 12, 2008, there will be a meeting at the Jones Hangar and encouraged the City Department Heads to attend. Fred Krch, Friendswood resident, addressed Council and stated he wanted to invite Council to a wild game food event. Mr. Krch stated he sees there is an opening on the Parks and Recreation Board and is on the agenda tonight, he stated he volunteered for all boards and was told there were no openings, teaches Sunday School and is currently doing a lesson in the book of acts on criticism and positive ways to respond to criticism, is reading from a book he taught from about how to respond to criticism, further stated in March the discussion on Friendswood Lake deteriorated very much. ,,,� CITY MANAGER'S REPORT The Acting City Manager Roger Roecker had no report. ACTION ITEMS **Councilmember Rivera moved to approve the disposition of Bid No. 2008-06 for the Additional Parking Lot at City Hall Project and authorize the Mayor to execute the contract and appropriate funds. Seconded by Councilmember Reid. Interim Community Development Director Mo Kabiri stated bids were higher than anticipated and believes it is from having to work around the trees and the timeline needed to finish. Councilmember Hill asked if having it done by November put the cost up and Mr. Kabiri stated it is hard to say. Councilmember Hill stated he recommends putting it out for bid again since cost is 50% higher and Councilmember Barr stated he agrees with Councilmember Hill and would like to know the difference in price doing it quickly or doing it slower. Councilmember Barker agreed and asked if it could re-bid again quickly. Councilmember Reid stated she is not ready to give up, can Staff go back to bidder and ask why cost is higher because of time frame. Mr. Kabiri stated installation of lighting could be postponed and would save$24,000, alternate bid was to replace other lights and would save $11,900 and the City would save about$30,000 on base bid. Councilmember Rivera stated he does this currently on his regular job and it is hard to control, the City could end up with a substandard product. Councilmember Holbert asked how many spaces and how big and Mr. Kabiri stated 30 spaces and 9 feet. Councilmember Rivera stated these are courtesy bids because of the speed in which it needs to be done. Mayor Smith stated the City needs to come up with Plan B such as a shuttle and asked about motions on the floor. ,•-- Councilmember Rivera stated he would like to withdraw his motion and Councilmember Reid withdrew her second to the motion. 08/18/08 2982 � *"Councilmember Reid moved to approve the proposed tax rate of .5797 for 2008 and scheduling pubiic hearings on the proposed 2008 tax rate for August 26 and September 15, 2008, as required by Section 26.05 of the Property Tax Code. Seconded by Counciimember Rivera. The motion was approved unanimously. Mayor Smith explained that this would affect residents of Friendswood by $8.00 a year. It is a modest increase to keep up with inflation. There are significant capital projects that need to be funded with bonds and would not want to ask residents to pay more taxes now and Council is being as conservative as they can now, so they can ask for support of the bond projects in the future. ''*Councilmember Barker moved to approve scheduling a public hearing for the proposed City of Friendswood Operating Budget for FY2008-09 for September 15, 2008. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Rivera moved to approve appropriating additional funds for the EI Dorado/Friendswood Link Road project for the additional costs of providing a transition from a four-lane facility to a two-lane facility at Blackhawk Boulevard. Seconded by Councilmember Hill. The motion was approved unanimously. Interim Community Development Director Mo Kabiri stated he and former Community Development Director Les McMahen met with Harris County and the City's portion is $19,000 and will be in the current right-of-way. ""'Councilmember Rivera moved to approve an agreement for grant writing services with The Riveron Law Firm and authorizing the Mayor to execute the agreement. Seconded by Councilmember Reid. � Councilmember Barker stated he would like to recommend tabling for further study and possible workshop, the cost has increased and would like to study further. Councilmember Reid stated she would like to get the ball rolling now on certain items that way Sherry Riveron with The Riveron Law Firm could start now and also would like to make a decision tonight. Ms. Riveron spoke and stated there are projects she could be working on now. Councilmember Barr asked about putting a strategy together and asked if a strategy is to write grants or put grant recommendations. Ms. Riveron stated there are opportunities out there now the firm could be working toward, the first proposal is to come up with a strategic plan, find out what are all the opportunities out there that match with the City's priorities. Councilmember Barr asked if 3 weeks would make a difference (since next meeting is not until 9/15 because of Labor Day holiday). Ms. Riveron stated she needs to know what Council wants to accomplish, there are some in October that are available and stated the more time she has to work on it the better the chances are, the next 6 months are critical more so than the following 6 months. It will be less as going along, hard work will have been done, and it will be a matter of implementing and getting things going. Councilmember Hill stated this is all new to him and probably the rest of the Council, thought she was going to tell Council what to do and then he hears Ms. Riveron say Council needs to tell her what to do and Ms. Riveron answered that she needs to know what Council wants. Councilmember Hill stated this is quite expensive and wants more time to check with other cities to see how they go about it, the City is gambling because there is no guarantee which he understands but iYs a lot of money. Councilmember Rivera stated most of these are federal monies, this is an election year so money will not be available until February 2009. Councilmember Rivera stated he knows the service is valuable and would like to see what Staff is doing to go after grants and would like a list. Mayor Smith stated he appreciates Council's concern and would like to know what the questions are and stated he is gravely concerned about putting it off, this is just a piece of the puzzle, if we do not engage soon Council will not have the rest of the pieces to the puzzle. Staff's expertise is limited, and the City is not tapping into °"�"' grants the City could get. Councilmember Barker stated Council has only gone one direction with this, the City could hire a full-time Staff person for the same money and does not buy that Council has to move 08/18/08 2983 � fast, does not believe this will be the income stream people think and may want to consider other options. Councilmember Reid stated it is a great idea to have in-house Staff but how long would it take to get that person hired, this is a large project that is available with current funding sources, still believes need to get the ball rolling. Councilmember Holbert stated this goes back to the budget workshop earlier today, when two options were presented for budget, which one of the funding options will be adopted, if Council accepts the grant writing proposal then Council will be going with Option 2, Council is never going to know unless it gets out there and starts writing and also is concerned about adopting and finalizing options on budget proposals, would like other questions answered. Mayor Smith asked that Council workshop it for the next meeting on Tuesday. Councilmembers Barr and Barker stated that was a great idea and Councilmember Barr asked if he could meet with Sherry Riveron so he can get information to answer residenYs question. Councilmember Hill stated he would like to get more information also. Councilmember Rivera stated he would like to withdraw his motion; Councilmember Reid withdrew her second to the motion. Acting City Manager Roger Roecker asked what time to have the Council meeting next Tuesday and Mayor Smith stated would like to have the hearing at 7:00 PM to be consistent with other meetings such as this. **Councilmember Barr moved to approve the appointment of Doug Wrinkle to the Parks and Recreation Board to fill a vacancy with the term ending November of 2009. Seconded by Councilmember Barker. The motion was approved unanimously. Councilmember Barr stated he recommended Mr. Wrinkle and stated he is great guy and works hard. .— RESOLUTIONS **Councilmember Hill moved to approve Resolution - R2008-64; a Resolution of the City Council of the City of Friendswood, Texas, authorizing the Mayor to execute, and the City Secretary to attest, respectively, supporting the discontinuation of the diversion of transportation user revenues to non-transportation uses and the appropriation of all revenue generated from highway user fees and taxes to fund transportation projects. Seconded by Councilmember Barker. The motion was approved unanimously. **Councilmember Rivera moved to approve Resolution - R2008-65; a Resolution of the City Council of the City of Friendswood, Texas, determining that an easement is needed for construction and maintenance of utilities as part of the Deepwood Force Main Project; approving the purchase of said easement from Alton C. Todd and Nariman Park Todd, property owners. Seconded by Councilmember Hill. The motion was approved unanimously. ""Councilmember Barker moved to approve Resolution - R2008-66; a Resolution of the City Council of the City of Friendswood, Texas, determining that land is needed for construction, installation, maintenance, operation, inspection, replacement, repair, and removal of certain public improvements as part of the EI Dorado/Friendswood Link Road Project for the City of Friendswood, Texas; approving the purchase of said easement from Marvin Beehler, property owner. Seconded by Councilmember Rivera. The motion was approved unanimously. "'Councilmember Barr moved to approve Resolution - R2008-67; a Resolution of the City Council of the City of Friendswood, Texas, determining that land is needed for construction, installation, maintenance, � operation, inspection, replacement, repair, and removal of certain public improvements as part of the EI Dorado/Friendswood Link Road Project for the City of Friendswood, Texas; approving the purchase of said easement from Robert Byron Ginn, property owner. Seconded by Councilmember Hill. The motion was approved unanimously. 08/18/08 2984 � *'`Councilmember Rivera moved to approve Resolution R2008-68; a Resolution of the City Council of the City of Friendswood, Texas, determining that land is needed for construction, installation, maintenance, operation, inspection, replacement, repair, and removal of certain public improvements as part of the EI Dorado/Friendswood Link Road Project for the City of Friendswood, Texas; approving the purchase of said easement from Jose L. Hernandez and Isabel Hernandez, property owners. Seconded by Councilmember Hill. The motion was approved unanimously. RECONVENE JOINT PUBLIC HEARING Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called a Joint Docketed Public Hearing to order, to receive comments from the public, either oral or written, regarding the Zone Classification change for a tract of land containing 7.926 acres out of and part of a called 49.024 acre tract in the A.H. Jackson Survey, A-128, property located at 1700 W. Parkwood, near Friendswood Lakes Boulevard, Galveston County, TX, from Single Family Residential (SFR) to Community Shopping Center (CSC). No one spoke for or against the proposed Zone Classification change. Hearing no further comments, Planning and Zoning Commission Chairman Holland closed this Planning and Zoning Public Hearing. Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called a Joint Docketed Public Hearing to order, to receive comments from the public, either oral or written, regarding the Zone Classification change for a tract of land containing 18.922 acres out of and part of a called 49.024 acre tract in the A.H. Jackson Survey, A-128, property located at 1700 W. Parkwood, near Friendswood Lakes � Boulevard, Galveston County, TX, from Single Family Residential (SFR) to Community Shopping Center (CSC). No one spoke for or against the proposed Zone Classification change. Hearing no further comments, Planning and Zoning Commission Chairman Holland closed this Planning and Zoning Public Hearing. ORDINANCES **Councilmember Barker moved to approve the Second and final reading of Ordinance No. T2008-21; 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 7.926 acres (Tract 1) located at 1700 W. Parkwood from Single Family Residential (SFR) to Community Shopping Center (CSC), such tract located in the City of Friendswood, Galveston County, Texas; providing for the amendment of the City's official zoning map; providing a penalty in an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Rivera. The motion was approved 6-1 with Councilmember Reid opposed. ...�, 08/18/08 2985 � "*Councilmember Barker moved to approve the Second and final reading of Ordinance No.T2008-22: 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 18.922 acres (Tract 2) located at 1700 W. Parkwood from Single Family Residential (SFR) to Community Shopping Center (CSC), such tract located in the City of Friendswood, Galveston County, Texas; providing for the amendment of the City's official zoning map; providing a penalty in an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Rivera. The motion was approved unanimously. "*Councilmember Barker moved to approve the Second and final reading of Ordinance No.T2008-26: An Ordinance amending Chapter 86 - Utilities by adding a new Section 86-75 to provide for a Backflow Prevention and Customer Service Inspections Program; providing for a compliance period; providing a penalty of an amount not to exceed $500 for violation of any provision hereof; and providing for severability. Seconded by Councilmember Rivera. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Barker, Barr, Hill, Reid and Holbert stated they had no report. Councilmember Rivera stated he attended the Regions Texas Municipal League (TML) conference on Saturday and will give Council a written report on the conference. ,,_, Mayor Smith stated he had no report. CONSENT AGENDA **Councilmember Rivera moved to approve the Consent Agenda as presented A. Authorize amendments to the Economic Development Agreement with Crystal Creek Developers, LLC. B. Authorize Council to invoke Rule 1(A) of the Rules of Procedure to schedule the regular September Council meetings for September 15 and September 22, 2008, due to the Labor Day holiday. C. Approve Minutes of July 21, 2008, and August 4, 2008, Meetings. Seconded by Councilmember Barker. The motion was approved unanimously. RECONVENE EXECUTIVE SESSION Council will convene into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.071 —Consultation with attorney concerning pending or contemplated litigation; a settlement offer; or a matter in which the duty of the attorney requires it and Section 551.072: Deliberation regarding real property. Council convened into Regular Session with no action taken later in the meeting. � 08/18/08 2986 ..,� A motion was made and approved to adjourn at 9:00 PM. Mayor avid J.H. Smith Attest: +� d0 �1b �' � �a+ � � � De oris cKenzie, TRM p c� City Secretary �O � �1d, �O �N�ta� •-� ..�