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HomeMy WebLinkAboutCC Minutes 2010-12-13 Special 12/13/2010 3460 � STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( DECEMBER 13, 2010 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, DECEMBER 13, 2010, 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 JIM HILL COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER BILL HOLBERT COUNCILMEMBER JIM BARR COUNCILMEMBER DEIRDRE BROWN CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH Councilmember Barker was absent from the meeting. 7:00 PM-JOINT WORK SESSION Mayor Smith called the meeting to order. "'�' Community Services Director James Toney thanked Council for the opportunity given to the Parks and Recreation Board for this workshop. The board has worked hard in the past year on the projects that are being presented at tonight's workshop and the members are looking forward to dialogue and guidance to move these projects forward. Discussion was held between Council and the Parks and Recreation Board regarding opening and developing Lake Friendswood. Parks and Recreation Board member Mel Measeles introduced pictures of Lake Friendswood that he took this afternoon. The pictures were of Rancho Viejo Road, 200 to 300 geese that were in the area and in the lake, a mockingbird, the boat ramp where the water is clear enough to see two feet down, a flock of 20 great egrets, a great blue heron, and lots of wildlife in the area. He showed where West Ranch is putting power lines through the area adjacent to the property, and is beautiful and relaxing. Councilmember Hill stated he mowed it a few months ago and Mr. Measeles thanked him. Community Development Director Morad Kabiri provided documents to Council that detailed two proposed options for Lake Friendswood. Option "A" provides for light improvements to Windemere Road, some ditch excavation, a six foot cyclone fence, a restroom facility, and an automatic gate. Option "B" takes it a step further and includes all of Option "A" and more improvements to Windemere Road including asphalt overlay and striping, picnic benches and a floating pier, but no swimming activities are being considered. Councilmember Hill asked if there was a rough estimate for the cost of the proposed improvements and Mr. Kabiri responded that the cost for Option "A" is estimated at$460,000 and Option "B" is estimated at slightly under$900,000, and there are cushion in these numbers. ,-.. Mr. Measeles asked about signage and Mr. Toney stated that the Public Works Department can provide signage in-house. Mr. Kabiri stated that the Public Works Department can also excavate the ditch which would reduce the cost for both options by about$40,000. 12/13/2010 3461 .� Parks and Recreation Board Vice-Chair Tierni Sager asked if the maintenance cost was reflected in the estimate and Mr. Toney responded that a maintenance budget would be prepared if Council agreed to open the lake. Mayor Smith stated that restrooms are a big expense and it is 100 percent the City's dollars, wonders if it is worth it in the beginning, the other side of the issue is that he does not want people to use nature to go to the bathroom. Parks and Recreation Board member Penny Burke asked if it was possible to tie into West Ranch's sewer line and Mayor Smith asked about porta-potties as a temporary measure. Mr. Measeles stated after Hurricane Ike very nice temporary restrooms were brought in on trailers. Mr. Kabiri stated that bringing in large and heavy items might damage a crushed gravel driveway and cause continual maintenance. Councilmember Hill asked if the proposed permanent restrooms would be built of masonry and Mr. Kabiri stated yes. Councilmember Hill stated he does not want to use portable restrooms and would rather see something permanent from the beginning. Mayor Smith asked if the Parks and Recreation Board had discussed the issue of restrooms and Ms. Burke stated they have not discussed it but the way restrooms are built in remote areas bears investigation and used Austin as an example of innovative methods. Parks and Recreation Board Chairman Tom Goodwin stated that the board did discuss quality amenities and they believe that restrooms are part of it and do not want visitors to have to leave the lake or make compromising choices in order to address a need. Ms. Sager stated there are alternatives to building the facility such as "green" choices that would result in less trash, less pick up and less maintenance costs in the long run. Mr. Measeles stated that while he was at the site yesterday there was a man walking his dog who said most in the nearby community were in favor of doing something to improve the area, a lot of minor children go out there unlawfully late at night, and there are also fires and would like to see the area secured with a gate and fence. Councilmember Barr stated he would like to have some kind of restroom facilities and can provide a temporary facility while investigating different construction choices. The City's grant writer, Sherri �"' Riveron, is here at the workshop tonight and perhaps she can help with procuring a "green" grant to pay for the facility, would hate to see the area become littered with trash. He stated that there is more activity in the park after 11:00 PM by kids, is a great fishing spot and should be enjoyed, crushed limestone or gravel for the road is adequate at this point. Councilmember Barr stated he has been the Parks and Recreation Board liaison for two and a half years and this has been a topic at all of the meetings he has attended. The lake will be utilized and should be opened. Mayor Smith asked about parking and Mr. Kabiri stated there is ample space for parking which is a grassy but compacted area. Mayor Smith stated there are areas around the lake that should not be traversed and should be controlled. There is also habitat in that area that needs to be protected and uninterrupted. Councilmember Hill stated there is a power line that is about 15 feet from the water that will prohibit any use of that particular area, not even hiking, will have to stay natural. Councilmember McGinnis stated this lake was once a sandpit and asked if any reclamation needs to be done such as rebar or anything else along those lines that will need to be addressed and Mr. Kabiri stated there is quite a bit of concrete, riprap and rebar that would make it unsuitable for swimming. Ms. Burke stated the board is considering placing a floating dock on top of the areas that have submerged debris. Councilmember McGinnis stated teenagers will break the no swimming rule, and asked if Brittany Bay Boulevard could be an entrance into the lake area and Mr. Kabiri answered that it will be nearby and could tie into it at some point in the future. The last developer was going to do some construction on the area, but the economic downturn caused him to put those plans aside, and the route for this proposed road has not been adopted. �" 12/13/2010 3462 Mayor Smith stated the section on the south side of the West Ranch development is the area that will come closest to the lake which would give access to FM 518 through West Ranch to Brittany Bay Boulevard, but it may be three to four years before that access is available. Ms. Sager stated there is already a road out there and Mr. Kabiri stated the existing dirt road is for utility access only. Councilmember Hill stated concrete was put in the lake to prevent erosion and is not sure if West Ranch is going to develop in such a way to give access to the park from that development. West Ranch residents may not want traffic going through their neighborhood. Ms. Burke stated if the lake goes in first they may want to tie in. The lake may be considered an amenity for the subdivision and the time is ripe to do this before the houses go in. Councilmember McGinnis asked if there are businesses that could sponsor picnic benches and other needed equipment to defray costs. Mayor Smith stated there have been private/public partnerships in the past such as for the purchase of playground equipment. The lake could open right now, but there are issues to address before it can be opened. Mr. Measeles, stated money is available through the Parkland Dedication Fund, there is $184,832 in Neighborhood Parks and $58,378 in Community Parks. Councilmember Barr asked which funds can be used and Mr. Toney stated $50,000 has been committed " to completing the playground in Stevenson Park. Councilmember Holbert asked the size of the surface area of the lake and Mr. Toney answered approximately 45 acres. Councilmember Holbert asked how people would get into the area if the proposed road improvements were done and Mr. Kabiri stated from FM 518 to Windemere Road. Councilmember Holbert stated he has lived in Friendswood almost 30 years and has heard about this lake in only the past few years, should be done right the first time or should not be done at all, is one of those things that does not become available very often, asked about the possibility of using funds left over from the recent drainage project and Mr. Kabiri stated the money has been used on other items that were needed. Mayor Smith asked what the bid opening timeframe was for Blackhawk Boulevard and Mr. Kabiri stated the project should be bid in June 2011. City Manager Roger Roecker stated some of the drainage bonds were used for the Stadium Lane project. Councilmember Holbert stated that there cannot be a park full of people with no restrooms facilities. Councilmember Brown stated she would like to see the numbers on the Parkland Dedication Fund to find out where the funds can be spent, questioned the maintenance of the crushed granite versus the asphalt driveway and Mr. Kabiri stated once a year for general use, was a shell road so the base is good. Councilmember Brown stated asked for confirmation that the maintenance on an asphalt drive would be easier than maintenance on a crushed granite drive and Mr. Kabiri stated yes. She asked the legal requirements for the Americans with Disabilities Act (ADA). Mr. Toney stated the width and size of the restrooms would need to be ADA compliant. Councilmember Brown stated there has been frustration in the last finro and a half years with the time frame of the implementation of this project, has been in the ,�. Parks Plan since 1998. The funding mechanism is important, has seen nothing in the grant writer's list of potential grants that indicated any grant funding. The grant writer has worked with the Parks and Recreation Board for one and a half years and she has seen nothing that will work for this project. The City needs to come up with another funding source such as a May bond election. 12/13/2010 3463 �..R There is sufficient information to show this lake would be a great amenity for the City. Some people should be tasked with coming up with funds for"green" bathrooms while the City continues to go forward with the general bond, suggested that the public can come out and build picnic tables. The City needs to come up with a concrete plan to fund the park, asked if there is $1.7 million in undesignated funds and Administrative Services Director Cindy Edge answered yes but the funds are not audited. Councilmember Brown stated the City can pay out of pocket now but can also go out for a bond in May and also look for grant opportunities. She asked about the depth of the lake and Mayor Smith stated there are varying estimates of depth from 20 to 30 feet to up to 100 feet. Councilmember Brown stated she knows swimming is out of the question but what about boating, will it be hazardous to boaters if construction items are still in the lake, is very supportive of the project but the funding needs to be nailed down. Mayor Smith stated funding has always been a confusing and significant issue. Grant money has been researched and the City has come back to the same place as before, funding is available through Texas Parks and Wildlife, but the issue has always been that the City does not have 100 percent ownership of the property. The ownership issue must be addressed such as to buoy off the City's portion of the lake. The question now is to what level should the park open and how to find the funds. Texas Parks and Wildlife funds are nice because they go a long way, but the City cannot get the funds as it stands now. He stated that the potential hazard for boating is an issue so motorized boats should not be allowed. Man-powered boats should only be allowed. Ms. Burke stated at one time the City applied for a $500,000 Texas Parks and Wildlife grant and #here was a stipulation of no motorized boats. Ms. Burke stated the Parks and Recreation Board had rejected cyclone fencing for other areas because vines can damage it, and would consider using another type of fencing. Ms. Sager stated other types of fencing are easier to maintain. Ms. Burke stated that limestone and shell are not a good idea for the road because of the dust when it is windy, but prefers granite or asphalt. Ms. Sager stated that granite erodes ""'"' quickly so a barrier is needed for each side. Councilmember Hill stated that a base still needs to be put down before adding asphalt and Mr. Kabiri agreed. Councilmember McGinnis stated he was not aware of an ownership issue regarding the lake. Mr. Kabiri explained that one corner of the lake does not belong to the City of Friendswood. Councilmember McGinnis asked who owns the wooded left side and Mr. Kabiri stated West Ranch. Mayor Smith stated there have been discussions with the mayor of League City and Galveston County officials about interest in this park, and access has always been a problem. Galveston County partnered with the City for Centennial Park and they are interested in a park for the north side of the County. Friendswood will need to decide how to partner with other entities. He asked if it will be limited to Friendswood residents only, League City is building their portion of Brittany Bay Boulevard and they may be interested. Mr. Measeles stated the lake has been discussed for 20 or 30 years, but the Parks and Recreation Board would like to open the lake as soon as possible and add more later. Mayor Smith asked to what degree it should be opened, or what is the lowest level of improvements everyone will be happy with. Mr. Measeles stated Council has Options "A" and "B" but there are phases that the Parks and Recreation Board came up with. Chairman Goodwin stated Phase 2 incorporates more hard structures, Phase 3 is a floating pier for fishing, Phase 4 incorporates lights and a pavilion and parkway, more is added as time goes on, but they are ready to aid with the inception and the continuance of developing this property. Mayor Smith asked if Council wants Phase 1 to happen immediately or make more plans. Councilmember Brown stated she is good with Phase 1 with opening and putting signs up as long as it passes muster with insurance and legal issues, and is good with improving in phases, would like to see a pavilion and parkways too, but the City can do the lowest denominator now and do phases in the bond election. � 12/13/2010 3464 ,.... Councilmember Holbert stated there are two projects that he would like to see completed with savings, would like to open the lake and do it right. There is enough money in reserves. Option "B" is the more correct and permanent manner, does not want to open it under a bond because there will be an increase in taxes and what happens if the bond fails, there is money in the coffers already that will make a significant dent in this project. The City has done a good job procuring grants. In the first 60 days of renewing the contract, there has been enough grant money procured to pay for the grant writer's contract. The City has been fair stewards of the taxpayers' money, and money is put aside for capital projects, does not feel comfortable asking people to raise their taxes to pay for it, and likes the idea of fundraising by sponsorship. Councilmember McGinnis stated he supports the phase approach, there are other big ticket items that are needed for funds such as the fire truck and animal shelter, believes it is best to take a conservative approach and open the lake in phases. Councilmember Hill stated the lake should be opened to at least the Phase 1 level, needs to be fenced, and supports paying for it out of reserves and should get sponsors. Stevenson Park and Renwick Park were just land when it was bought and the lake will be the same way, supports opening at Phase 1 right away. Councilmember Barr stated he wants it done and done now and wants to use reserve funds. $1 Million is already out of the $1.7 Million that Administrative Services Director Cindy Edge stated the City has, funds to purchase the fire truck are from another funding source. The City needs to do it now and it can be improved in phases. Ms. Burke stated she and Chairman Goodwin met with homeowners. There was some hostility toward ""�" the project years ago when the grant was initially funded, but there is none now. Homeowners feel this will be an asset to their community, but they did request some items such as a gate at FM 518, a fence on their side of Windemere Road, want to be able to ride horses around the lake and they all want access to the lake. Mayor Smith stated he is concerned that a fence would increase the cost. Chairman Goodwin stated all of the issues are workable. Mayor Smith stated details need to be worked on, is in favor of getting it opened, agrees that once access is granted to the citizens the spirit of volunteerism will be there, the question is turning it into"Lake Enron" or some other sponsorship that will open the door to giving a corporation naming rights. He further stated that there needs to be the proper ordinances in place that address fines, swimming, access and enforcement requirements need to be on the books before opening the facility. He believes the City is in good shape with insurance issues. Council should go back and give direction to the City Manager and say Council wants to get this done on this level and say what amount to allocate and give options on how to pay for this facility. Friendswood had a $500,000 grant at one time but could not access because the City did not own all of the lake, would like Council to decide where the money will come from. The decision is how much money to spend and at what level should it be opened and Council needs to give direction to Staff. Councilmember Barr stated he would like to see the four step plan given to Council, so there is a framework created by people who have spent a lot of time on this project. He further stated the other issue is the other part of the property the City does not own. There have been inroads to try to gain this property with no success and is not willing to wait for the City to own it. � 12/13/2010 3465 � Mayor Smith asked what is needed to get Phase 1 implemented with a gate with a lock on it and signage and Chairman Goodwin stated road improvements and fencing should be included and clarified that Phase 2 is structures. Councilmember Brown stated the City has been working on this for 30 years and it is time to move forward, is going to prepare wording for the January meeting, but if Staff can do it that is great. Councilmember Holbert stated it will cost $400,000 to $500,000 to get this project off the ground, every year he sits through the budget process where taxes are not raised and if it cannot be paid for it can never be bought. Councilmember McGinnis stated he is still where he was earlier in the discussion. Staff may need a more clear definition of Phase 1. Councilmember Hill stated he is not for Phase 1 at all but does support Option "A". Councilmember Barr stated Option "A" is close to the Phase 1 and Phase 2 idea that the Parks and Recreation Department developed and he is also in favor of using reserve funds to pay for the project. Mayor Smith asked about the process of capital improvement projects and does the process start with design and estimation and the requirement to go out for bids, and the City Manager answered yes. Mayor Smith stated the next step is for Staff to bring design and engineering costs before Council and Mr. Kabiri stated the cost is a little over $50,000 now. Mayor Smith stated the first thing that needs to be done is to fund the design and it should be done in conjunction with the ordinance and legislative issues. This should be done with Option "A" because it is too soon to consider Option "B", does not want to erode the possibilities of other funds. '""" Councilmember Brown suggested creating an Option "C" to add asphalt over crushed concrete for the road. City Manager Roger Roecker clarified that the target for the January meeting is to have a design estimate, different options and ordinances to secure the property. Discussion was held between Council and the Parks and Recreation Board regarding parking improvements at all City parks. Parks and Recreation Board member John Scott stated he would like to thank the City for the work being done to alleviate the parking issues at Renwick Park, has been a concern because of safety issues, but the same issues exist in every park the City has. Parking at Centennial Park is a real issue. There is a temporary overflow parking area with crushed concrete, but the area is too small, had a very recent event at the nearby junior high school that caused Centennial Park to be at capacity, there have been problems with vandalism and other crimes, is not suggesting paved parking lots with drainage and curbs but milled asphalt or crushed concrete, and something has to be done. Friendswood Independent School District (FISD) has a huge amount of dirt that is out there. Community Services Director James Toney stated the school district is using the dirt for backfill and once the job is completed, they wi�l grade it so that crushed granite can be spread. Councilmember Hill stated he has one grandson that plays football and sometimes there are six cars for one child who is playing, and people should consider carpooling. Councilmember Barr asked how many parking spots will 15,000 square feet allow and Mr. Toney stated 50 to 60 spots. Mr. Scott stated the problem usually happens on Saturday, so they try to stagger events with the junior high school, is always a congestion problem with parents dropping off and picking up children and suggested adding another entrance. He added that there needs to be funding, the dirt needs to be cleared, and milled asphalt or crushed concrete needs to be laid. The issue down the road is that the dust from the crushed concrete will shorten the life of the tennis court surface. Mayor Smith stated there are partnership issues with the school that can be worked '�' on. 12/13/2010 3466 .-., Parks and Recreation Board Vice Chair Tierni Sager added that there are lighting issues as well. Mayor Smith asked Staff to see if there are partnership opportunities and Councilmember Barr asked Council to have a resolution asking if FISD will partner with the City on the parking issues at Centennial Park and ask them to light the finro detention fields the City has leased to them for 99 years, would like to go a step further with the resolution. Mr. Scott stated the parking issue at Centennial Park is relatively minor, low cost item and there is not a lot of out of pocket expense, safety issues are paramount. Discussion was held between Council and the Parks and Recreation Board regarding the use of existing land as sports fields to alleviate any needs. Parks and Recreation Board member John Scott stated most of the school's activities are finished by 5:00 PM so they do not need the lights, but the sports associations use the fields also and there is a shortage of space. He stated it is a shame not to maximize the use of the fields and take advantage of the space. There have been estimates to light the fields, there are two detention pond fields and Field 33. Community Services Director James Toney stated Field 34 was lit in the last budget cycle but Field 33 still needs to be lit. There are finro poles on Field 34 that can be used to light Field 33 with the addition of two poles at a cost of$50,000 to$60,000. The two detention fields will cost approximately $200,000 to light because there is no existing power to connect. Mayor Smith asked what the monthly cost is to run lights in those fields and Mr. Toney stated it fluctuates depending on the time of year. Councilmember Brown stated it would be insulting to do a resolution without discussing it with FISD first, they should be willing to work with the City considering there are parking problems for the teachers and volunteers. Staff should be prepared with the estimates for asphalt parking when they meet with FISD on Thursday, also should have the lighting plan for the fields pictorially displayed for the meeting, and stated she believes the City can get more cooperation if the meeting is presented as a professional negotiation. The estimates for lighting the fields represents a lot of money and understands the needs, would like to work more with FISD like was done with the recent sidewalk issue when a good workaround was done. The City has helped FISD and she would like to see some "�� playback from FISD, understands that the two entities work in tandem. Mr. Scott stated lit fields are needed since most events happen at night after parents get off work. Mayor Smith stated that all of the children who play on school teams are the same ones who play on youth sports so it should be a good working relationship. Mr. Scott stated Moore Road Field has a parking issue as well. Jeff Ryan, president of the Friendswood Girls Softball Association, stated getting in and out of the entrances when the fields are in use is very hazardous for people not only coming to and from the fields, but also for the people coming in and out of the Windsor Estates Subdivision, showed pictures of ruts and potholes in the driveway, there is an asphalt/concrete mix in the areas as well as crushed granite, did an estimate explaining that an area of 200 feet by 45 feet will give 9,000 extra square feet of parking, would like to work with the animal shelter to create additional parking for girls softball. He stated it is dangerous when the fields are in use due to the road being lined up with cars because it is too muddy to park in the designated areas, vehicles on Moore Road travel at about 45 miles per hour and the children are running in between cars to get their footballs or soccer balls, is a nightmare and a safety concern. Mayor Smith asked about the additional parking needed, best thing is to do the expansion with crushed concrete or some type of similar material and make one parking lot, and asked if that would take care of the problem short term and Jeff Ryan answered yes. Mr. Scott stated the same amount of crushed concrete needs to be put in both areas, should be no problem to do considering the low cost of crushed concrete or milled asphalt. Councilmember Brown stated this is a multi-use facility that is used during all seasons, would like to see a master plan for this facility that maximizes the use, figure out the cost for all phases and bundle with the lake project in a bond election. There are usage issues for all fields, field officials can work with the Parks and Recreation Board to come up with the next step. Councilmember Barr asked if the Girls Softball Association will partner with the City if the City figures out a way to get this done and Jeff Ryan stated they will continue to partner with the City and stated the association has contributed $8,000 this year toward projects in other parks and will continue. Mr. Scott stated the parking issues have little if anything � to do with utilizing existing park space, parking issues are safety concerns that need to be addressed immediately and they have a low cost remedy, cannot wait for a bond election, need for lighting and more park space is another issue. 12/13/2010 3467 .,� Jeff Ryan stated he would like to have the parking issues done for the February start date. Mayor Smith asked City Manager Roger Roecker to review the issue with Mr. Toney. Discussion was held between Council and the Parks and Recreation Board regarding a proposed bridge to connect Stevenson Park and Old City Park. Parks and Recreation Board member Penny Burke stated the City bought six acres of land on Shadwell in 1994 and have been waiting to pave it for parking for Stevenson Park since then. The bridge was brought to the Parks and Recreation Board's attention by Howard Yeager in 1993, and 55 years ago there was a low water bridge there that would connect Old City Park and Stevenson Park but it got flooded out. A new bridge would alleviate parking issues for the 4'h of July celebration, will expand parking and will take care of entry and exit for Shadwell. Mayor Smith stated there is a potential development on the nearby corner and half of that area will not be available for overflow parking by next 4th of July so this discussion is timely. The Mayor asked how much a bridge would cost and Ms. Burke stated she will find out. Councilmember Hill stated she needs to talk to the Galveston County Consolidated Drainage District about placing a bridge in that area as well. Mayor Smith asked if Council is interested in more information and Council affirmed that they were. Discussion was held between Council and the Parks and Recreation Board regarding the Park Dedication Ordinance. Parks and Recreation Board member Penny Burke stated the Park Dedication Ordinance needs to be revised because the last revision was in 2000, revisions in the existing ordinance do not work well any longer and gave the example of the neighborhood and community parks being funded only by development in the area. She stated if the scope of funding was broadened, they would have more access to funding and they are losing funding revenue for the lake. The second proposed revision is the Westpark dedication of 47 acres, was designed as a detention area for West Ranch and precludes it being used as playing fields and other activities. She stated Missouri City gives that type of design 1/12tn of its appraised value and the City of Friendswood gives full credit, realizes the changes cannot be retrofit, but the changes can affect future development because the City needs land that can be '"`"" developed into fields. Mayor Smith clarified that the Parks and Recreation Board wants to work on revisions to the Park Dedication ordinance and return to Council with a recommendation and Ms. Burke answered yes. Discussion was held between Council and the Parks and Recreation Board regarding the acquisition of real property. Parks and Recreation Board Chairman Tom Goodwin stated the City has 231.8 acres of cumulative park land according to the Parks Master Plan. Friendswood is 128 acres behind both the national and State recommended ratio of residents-to-park land which shows the City will need 450 acres of park land at build out. Mayor Smith clarified that the Parks and Recreation Board is asking if Council is interested in them moving forward with acquiring new park land and Chairman Goodwin stated yes. Councilmember Brown stated there is 46.5 acres available for sale on FM 528 which was listed at over$3 million and is currently in bankruptcy. Mayor Smith stated executive session is the process used to discuss specific properties, explained that the purchase of real property is one of the protected subject matters associated with executive sessions, is discussed in executive session because the price can go up if the property owners are aware of the City's interest, also other potential purchasers may purchase the property before the City has an opportunity to present an offer. Therefore, the City must be cautious about discussing particular pieces of properties publicly. Councilmember Barr stated in the last Parks and Recreation Board meeting they discussed some pieces of property and is concerned that the property owners may not want their business discussed publicly. Councilmember Brown stated she has a problem with the way the executive session is noticed because nobody would know that it was about the acquisition of park property, and stated Council has learned from the past that discussion of real property in closed executive session may not be the wisest use of time, sometimes there is a strategic reason to discuss it publicly. The 46.5 acres has been discussed publicly and is part of a bankruptcy estate which is public record. ...�, Councilmember Holbert left the Council Chambers at 9:37 PM. 12/13/2010 3468 •-- Councilmember Brown stated that she learned today that one of the secured creditors intends to file a Motion to Lift Stay in January and does not believe the trustee will object because there have been no buyers coming forward, and stated if the City is interested in purchasing the property while still in bankruptcy state now is the time to act. The City could negotiate going out for a bond, and there are two distressed properties in Friendswood she has presented that have been on the market for years and were on the market when the City attempted the Alvin land purchase. Other property has been discussed but she is only talking about the two distressed properties that were going for more money in 2007, was told the Parks and Recreation Board were told they could only discuss these issues in executive session and she wants everyone to know that is not true. She stated her personal strategy is to let everyone know the property is for sale so it can be bought or not bought by the City, could be purchased out of reserves and be used for ball fields. The City has discussed that there is a need for ball fields and this is available. She stated when it is bought from a trustee more is paid than what the secured creditors owed but that is where the City Manager negotiates the price, you get the best price possible, set a cap and do not go any further, and is easy if the City wants to get it done. Mayor Smith asked if the Parks and Recreation Board had any other general comments and they answered no. Mayor Smith asked if the Parks and Recreation Board had any particular properties they would like to discuss in executive session and they answered yes. "*Councilmember Brown called a Point of Order. Mayor Smith stated this is not a Council meeting but a workshop. Councilmember Brown stated it is a closed executive meeting under the Open Meetings Act and she has a Point of Order because it is improperly noticed. She stated she can raise a Point of Order which is the procedure that she is supposed to use. Mayor Smith stated it is not the correct procedure because this is a workshop and she � has over and over again lectured Council on what can be done as far as executive sessions are concerned. He further stated that Council and the Parks and Recreation Board are going into executive session and it is Councilmember Brown's prerogative as to whether or not she wants to attend. Councilmember Brown asked Mayor Smith to rule on the Point of Order. Mayor Smith stated there is no Point of Order. Councilmember Brown stated there is because there is now a closed meeting. Mayor Smith stated there is no motion on the floor in which to provide the option for a Point of Order. Councilmember Brown stated she will file a Writ of Mandamus if Mayor Smith will not make a ruling. Mayor Smith invited Councilmember Brown to join the executive session. CLOSED EXECUTIVE SESSION Council, along with the Parks and Recreation Board, convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.072-Deliberation regarding real property. Council convened into Regular Session with no action taken later in the meeting. RECONVENE INTO OPEN SESSION This meeting was adjourned at 10:41 PM. � ..--- � � r Da �d J H. Smith Attest: � FR�EN�s O !y ~ `� ��.�-� � ° � o Melinda Welsh, TRMC * * City Secretary s ��rF OF Zf��'P�