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HomeMy WebLinkAboutCC Minutes 2008-09-22 Special 9/22/2008 2997 � STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( SEPTEMBER 22, 2008 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, SEPTEMBER 22, 2008, AT 6:00 PM AND A REGULAR MEETING AT 7:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESEN�CONSTITUTING A QUORUM: MAYOR DAVID SMITH MAYOR PRO-TEM ANDY RIVERA(arrived at 7:24 PM) COUNCILMEMBER MICHAEL BARKER COUNCILMEMBER JIM BARR COUNCILMEMBER JIM HILL COUNCILMEMBER LESLIE REID COUNCILMEMBER BILL HOLBERT CITY ATTORNEY BOBBY GERVAIS ACTING CITY MANAGER ROGER ROECKER CITY SECRETARY DELORIS MCKENZIE Mayor Smith called the meeting to order. SPECIAL SESSION '�' A discussion was held regarding determining projects and setting a schedule of events for the Series 2008 Water/Sewer Revenue Bond Issue. Interim Administrative Services Director, Cindy Edge had a list of projects and the six items listed were short term water and sewer projects, funding amounts and funding capabilities, life cycle of projects, impact of projects on economic development process, and further discussions will be scheduled to continue presenting this information to Council. Ryan O'Hara with RBC Capital Markets stated the bond counsel presented information on the current market conditions, the bond buyer gave an index of 25 Municipal Revenue Bonds from January 3, 2008, to present which were estimated debt service structure, methods of sale, advantages of negotiated sales versus competitive sales and tentative schedule of events. A discussion was held regarding the proposed FY2008-2009 General Operating Budget for the City of Friendswood. CLOSED EXECUTIVE SESSION Council convened 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 ._.. 9/22/2008 2998 � 7:00 PM—REGULAR SESSION The invocation was given by Pastor Ron Hint with Calvary Chapel Church. Mayor Smith led the Piedge of Allegiance to the United States and to the State of Texas. PUBLIC FORUM An open forum was held to receive comments from the public, either oral or written, regarding the proposed City Budget for FY2008-09 as modified by the City Council for funding in part by the proposed tax rate of$0.5797. Sharon Radigan, Friendswood resident, stated she attended the budget Public Hearing held on September 15, 2008, and she opposed the increase, states she does not know where the money is going and would like to know how to get a copy of the budget. Mayor, Council and Acting City Manager advised that the hearing was held to meet legal requirements. COMMUNICATIONS FROM THE PUBLIC Trish Hanks, Superintendent of Friendswood Independent School District (FISD), addressed Council and stated the power is on in all school buildings but has not been restored 100% within the buildings, FISD is continuing to working on that, classes will resume on Wednesday and buses will be running. FISD is going to be very flexible about rider ship and is also aware of safety concerns and will provide a list of streets to the City that may be critical with debris for the bus drivers so that the City could make the clean up for those streets a priority, thanked Council and Staff for the degree of exchange of information during and after the storm and keeping FISD in the loop, there is such a partnership in working together with the �"'" City and cannot say enough for the cooperation from the City and as a 26 year resident of Friendswood I say thank you, Staff and Councilmembers are doing of great job. Mike Illerich, with the Youth Football Association, addressed Council and stated he is in support of the use of Park Dedication funds to complete improvements to a 1.5 acre tract adjacent to Centennial Park donated to the City by Friendswood Development and the West Ranch Management District, supports it and will help out in any way he can. Bea Morris, Friendswood resident, addressed Council and stated she lived in the Clover Acres subdivision and had questions regarding the Presidential election, asked if early voting ballot application would be placed on the City website. Ms. Morris was advised this election was not a City election but it was the County's election and she would be able to get that information from the County or the Secretary of State website and may pick one up from the from City Hall. Ms. Morris stated she recognized drainage work that has been done that helped with flooding and thanked Councilmember Hill for his work on the drainage issues, also stated she is in support of the County Bond election especially the drainage item that will benefit the Clear Creek project and understands it will be another six years if this does not pass and is asking the citizens to support this. Councilmember Hill stated the Commissioners Court placed $10 Million in the bond issue for Clear Creek and it involves storing the water and $6 million of it goes to the roads in Friendswood and announced it will be the County Bond election. Bobby Jones, Friendswood resident, addressed Council and thanked Councilmember Barr for getting her street patched and thanked the assistant to the City Manager Nick Haby personally for getting the median fixed, it was done within 24 hours. ..,� 9/22/2008 2999 � COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS An annual report was given from Delinquent Tax Attorney Mike Darlow with Perdue, Brandon, Fielder Collins & Mott, LLP. CITY MANAGER'S REPORT Acting City Manager Roger Roecker reported on the CIP/Commercial Development. The Acting City Manager reported on the status of Hurricane Ike and stated the City has made great progress with the recovery, most of Friendswood was without power and most of the citizens now have power, there was a tremendous amount of debris and damages in the City, many volunteers assisted the City and the Staff has worked diligently to bring the City back to normal as quickly as possible, Mayor and Council have worked alongside City Staff during the storm and with the recovery efforts, is very proud of everyone' and the efforts in this recovery, the City is not completely recovered, utility companies are doing as much as they can, Power still has not been restored to about 20% of Galveston County of Texas New Mexico Power customers and about 10 % of Center Point Energy customers in Friendswood have not received power yet, The city continues to clean up debris and contracts in place has had the City to get that started immediately and will continue to get that done as soon as possible. Thanked the citizens of Friendswood for being patient and stated the City will be back to normal soon. ACTION ITEMS ''"Councilmember Barr move to approve extending the Declaration of Local Disaster for the City of Friendswood, Texas, that was ordered on the 9th day of September, 2008, by Mayor David J.H. Smith; "° September 17, 2008, it was extended to the 24th day of September, and is hereby extended indefinitely until Mayor terminates it and curfew will remain in effect concurrently with the declaration of local disaster. Seconded by Councilmember Holbert. The motion was approved unanimously. ""Councilmember Hill moved to approve authorizing the use of Park Dedication funds to complete improvements to a 1.5 acre tract adjacent to Centennial Park donated to the City by Friendswood Development and the West Ranch Management District. Seconded by Councilmember Barr. The motion was approve unanimously. ``"Councilmember Rivera moved to approve authorizing the designation of the Planning and Zoning Commission as the Advisory Committee to the Utility Impact Fee Study Update. Seconded by Councilmember Reid. The motion was approved unanimously. "'*Councilmember Holbert move to approve accepting the annual report and authorizing the renewal of annual contract with Galveston County Health District for water pollution control and abatement services. Seconded by Councilmember Rivera. The motion was approved unanimously. **Councilmember Reid moved to approve the disposition of Bid No. 2008-06 for Additional Parking Lot at City Hall Project; rejecting all bids. Seconded by Councilmember Rivera. The motion was approved unanimously. **Councilmember Barr moved to approve terminating the contract with RJ Construction for the Sunmeadow Lift Station Project, awarding an emergency contract to David Wight Construction Co., Ltd., and appropriating funds for the project. Seconded by Councilmember Reid. The motion was approved unanimously. � No action was taken on the Consideration and possible action regarding adopting City Council's Strategic Planning Guide for the next five years, it has moved to the next agenda for the consultant to attend. 9/22/2008 3000 � "*Councilmember Holbert moved to approve withdrawing approval of a license agreement for the use of City property with Steven Carpentieri and recovering costs incurred in the research and preparation of same agreement. Seconded by Councilmember Rivera. The motion was approved unanimously. No action was taken on the consideration and possible action regarding approval of the Schedule of Events for the sale of Water and Sewer Revenue Bonds for 2008. RCOVENE INTO CLOSED EXECUTIVE SESSION Council convened 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 8:14 pm with action taken later in the meeting. **Councilmember Holbert moved to approve authorizing the Mayor to execute an earnest money contract with Wight Realty Interests, Ltd., to purchase approximately 60 acres of land for park purposes, in the vicinity of FM 528 and the city limits, being more particularly described as Lots 30, 45, 46 and 47 of the subdivision of the I & GN RR Company Survey No. 22, Abstract 693, and two 10 acre tracts out of BCAD Property ID 180382, 180389, and 180393 not to exceed $2 Million. Seconded by Councilmember Rivera. The motion was approved unanimously. RESOLUTIONS """ No action was taken on Resolution R2008-70 - a Resolution adopting a Design Criteria Manual for the City of Friendswood, Texas; containing standards for the design, construction and installation of public infrastructure and related facilities and improvements within the City; and repealing City of Friendswood Resolution No. R2006-24, passed and resolved on the 11th day of September 2006, and all other resolutions or parts of resolutions inconsistent on or conflict herewith. **Councilmember Rivera moved to approve Resolution R2008-71 - 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 16-inch Water Transmission Line Project; approving the acceptance of said easement from Friendswood Independent School District, property owners. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Hill moved to approve Resolution R2008-72 -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 16-inch Water Transmission Line Project; approving the acceptance of said easement from Galveston County Consolidated Drainage District, property owners. Seconded by Councilmember Barker. The motion was approved unanimously. ORDINANCES '`''Councilmember Hill moved to approve the first reading of Ordinance No. T2008-27, an Ordinance amending Chapter 70 "Streets" and Appendix B "Subdivisions", Section V, of the Friendswood City Code, by deleting and amending provisions pertaining to the Design Criteria Manual; providing a penalty of 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. 9/22/2008 3001 BUDGET ITEMS **Councilmember Rivera moved to approve the first and final reading of Ordinance No. T2008-33, an Ordinance approving and adopting the City of Friendswood, Texas, General Budget for the Fiscal Year 2008/2009; 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 Reid. The motion was approved unanimously. **Councilmember Barr moved to approve Ratifying the property tax revenue increase reflected in the FY2008-2009 budget, for $694,211 or 5% of which $289,850 is tax revenue to be raised from new property added to the 2008 tax roll. Seconded by Councilmember Rivera. The motion was approved unanimously. **Councilmember Rivera moved to approve the first and final reading of Ordinance No. T2008-34, an Ordinance providing for the levy and collection of ad valorem taxes of the City of Friendswood, Texas, for the year 2008; providing the date on which such taxes shall be due and payable; providing for penalty and interest on all taxes not timely paid; providing for severability; and repealing all ordinances or parts of ordinances inconsistent or in conflict herewith. Seconded by Councilmember Hill. **Councilmember Reid moved to approve Maintenance and Operation tax rate of$0.5097/$100 valuation. Seconded by Councilmember Rivera. The motion was approved unanimously. ,,,�,,,,, **Councilmember Barr moved to approve the Debt Service tax rate of$0.0700/$100 valuation. Seconded by Councilmember Rivera. The motion was approved unanimously. **'`To approve the main motion of Ordinance T2008-34 on first and final reading was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Rivera stated this City has been challenged these last 10 years, has worked with a great Staff and elected officials and stated he has seen many talents, stated he would work with any of these employees anywhere anytime. Councilmember Holbert stated he has lived in Friendswood the last 30 years, never saw behind the scenes, saw Staff sleep on the floor, take shifts, employees over the top, they had their own homes to take care of as well,job well done. Councilmember Reid stated she would like to echo what has already been stated, nothing fully prepares a person for a Hurricane, was watching City Staff and hopes the City truly appreciates Staff, the City is so grateful so blessed to have Staff with a servant attitude, there was no negative words during the preparation for the storm. Fire Marshal Terry Byrd's training and leadership showed the quality of care that citizens received and is thankful and grateful for that, learned if there was choice between water and sewer and electricity the choice would be water and sewer. Councilmember Hill worked at the Point of Distribution (POD) and used his own forklift, it was like a kid in a candy store and there were few complaints. 9/22/2008 3002 ..�� Councilmember Hill stated Frankiyn Graham came to Calvary Church (from California), North Carolina and the Air National Guard unloaded 30 semi's of goods at Centennial Park, the citizens are really blessed in Friendswood with a Staff that was prepared, this has been very touching, thirty airman were volunteers that worked the Regional Point of Distribution (POD)to give out ice, water and Meals Ready to Eat (MRE), had put out 27,040 MRE's at Centennial Park, the Emergency Operation Center (EOC) served the volunteers two hot meals a day for four days, was touched with the help Friendswood received, has toured the City of Seabrook and there was devastation, was really hurt and the citizens are so fortunate here in Friendswood. Councilmember Barr stated how fortunate the citizens in Friendswood are, that half the staff stayed here, they don't just work here but they love this City, it did not matter the hours they were asked to work or the job they were asked to do, they did the work that they had prepared for the EOC training team, the police department, the City Manager, Public Works and Community Development Interim Deputy Director Mo Madrid were knowledgeable to what they needed to do to get the City back to normal, urges that thank you cards be sent, does not know what he would do without them. Councilmember Barker stated he is so proud of the City, Staff, elected officials, citizens, everyone was remarkable, there is a lot to be proud of and this city did well, at times like this people need to remember the power of prayer and need to remember those in the City of Seabrook and at the Boliver Peninsula. Mayor Smith thanked the citizens of Friendswood, they were as smart as he thought they were, citizens made good decisions, raised above diversity and took care of yourselves and your neighbors and this region will be rebuilt, lived with Staff for those four days, Mayor stated he has ratified how he has always felt and Staff truly are family and cannot work as team if you are not, Staff has showed true love for this community and did a fantastic job, thanked Council for pulling and working together, putting training in place, really do appreciate being there and working together and having a good team and supporting "'"' Staff, extremely proud of you, Council did a greatjob. Acting City Manager Roger Roecker stated Fire Marshal Terry Byrd is attending a Pearland Council Meeting to provide input to them as to the need for allowing trench burning or open burn of storm debris. Councilmember Rivera stated Pearland City Council voted to approve trench burning in the Extra Terrestrial Jurisdiction (ETJ) of Pearland. RECOVENE INTO CLOSED EXECUTIVE SESSION Council convened 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. ..�, _ _ 9/22/2008 3003 �, A motion was made and approved to adjourn at 9:26 PM. Mayor David J.H. Smith Attest: r o� �a�NOa ` � �o D oris cKenzie, T MC O City Secretary * * d��,.'�� �.�P�, ._