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HomeMy WebLinkAboutCC Minutes 2012-02-06 Regular 02/06l12 3873 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( FEBRUARY 06, 2012 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, FEBRUARY O6, 2012, AT 430 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 COUNCIIMEMBER MICHAEL BARKER (arrived at 4:42 PM) COUNCILMEMBER BILLY ENOCHS COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER JOHN SCOTT COUNCILMEMBER DEIRDRE BROWN CITYATTORNEY ARNOLDPO�ANCO CITY MANAGER ROGER ROECKER GTY SECRETARY MELINDA WELSH REGULAR SESSION Mayor Smith called the meeting to order. ' The invocation was given by Kaz Hamidian, Public Works Director. Mayor Smith Ied the Pledge of Allegiance to the United States and to the State of Texas. ACTION ITEM 'I '*Mayor Smith moved to suspend Rule 16 of the Council Rules of Procedure setting the Order of Business for Council meetings. Seconded by Councilmember Scott. The motion was approved unanimousiy. WORK SESSION Mayor Smith opened the discussion regarding the Capital Improvement Plan (CIP) funding sources. Russell Gallahan, M.P.A., Economic Development Analyst and Regional Representative for South Texas, Texas State Comptroller's O�ce, gave a PowerPoint presentation regarding municipal revenue options. He stated cities have a number of options to collect revenue necessary to provide needed services, including permit fees, fines and assessments, property tax, liotei occupancy tax, sales and use taxes, and mixed beverage taxes. The Iocai entities that impose sales tax are most Texas cities, 123 Counties, 138 Speciai Purpose Districts, and 10 Transit Districts. There is a local sales tax cap and the maximum combined local sales tax rate is two percent. The "cap" includes the combined sales tax rates of the county, city and several types of special purpose districts. Adopting additional sales taxes requires the City Council to cali an election of the eligible voters residing in the city limits. Eiections may be held on the first Tuesday after the first Monday in November or the second Saturday in May. There are hvo types of City saies taxes which are sales taxes administered by the City Council, and sales taxes administered by a board of directors appointed by the City Council. Saies taxes administered by the City Council are a regular sales tax of one percent, sales tax for property tax relief of .5 percent, and a street mainte�ance safes tax of.25 percent. 02/06/12 3874 � Most cities in Texas have a reguiar sales tax. It can be imposed by any incorporated city. Revenues are ( deposited into the City's general revenue fund and may be used for any lawful purpose. The sales tax for property tax relief is an "additional sales tax" which can be imposed by most incorporated cities. Revenues are deposited into a city's general revenue fund. Cities adopting this form of Iocal sales tax must reduce the effective and rollback property tax rates within the City. The street maintenance sales tax means all cities are authorized to hold an election to adopt a sales tax to repair and maintain existing city streets. The tax expires after four years unless a new election is heid to reauthorize the tax. The revenue from this tax can oniy be used to maintain and repair existing city streets but not for constructing new streets. The following taxes are administered by a board appointed by the City Council, a Municipal Development Corporation of .5 percent, and a Municipal Development District of .5 percent. A venue tax of .5 percent is one of several revenue options availeble to a city to fund sports and community "venue" projects. Multiple cities and counties in any combination may join to form a venue district under Chapter 335, Local Government Code, as well. Some examples of a "venue" are a stadium, convention center, park or economic development-type facility. Councilmember McGinnis asked if a library or park would be considered a venue and Russeli Gallahan stated the library is a separate tax through the creation of a Library District, but once a Library District is created there is no way to remove it. A sales tax for economic development of .5 percent has two options: Option No. 1 — Type A— This form of tax can be imposed by most incorporated cities. Revenues must be tumed over to a development corporation formed to act on behalf of the city in carrying out programs related to industrial development and the promotion of new and expanded business enterprises that create or retain primary jobs. Option No. 2 — Type B —This form of tax can be imposed by any incorporated city. Revenues must be turned over to a development corporation formed to act on behalf of the City in carrying out programs related to a wide variety of projects including public parks and business development. A Crime Control Prevention District of 5 percent is subject to voter approval and can be imposed by a city located in a county with a population of more than 5,000 or by a county with a popuiation of more than 130,000. The governing body in a municipaiity or Commissioners Court may specify the number of years (5, 10, 15, or 20) the district would be continued. Revenues from the saies tax may be used to finance a wide variety of crime control and prevention programs. The "Better Jobs Act," allows a city to create a Municipal Development Corporation to undertake projects to provide job training, early childhood education, after-school programs, scholarships, literacy promotion and other projects. Voters in the City may authorize adoption of a sales tax to fund activities of the corporation. A Municipal Development District authorizes cities to hold an election in ali or part of a city, including the extraterritorial jurisdiction, to create a Municipai Development District and adopt a saies tax to fund the district. The district could undertake a variety of projects including a convention center, civic center, auditorium and other projects. The process of holding an election is at least 62 days prior to the election date, City Council passes an ordinance calling a sales tax election to be held on the next uniform election date, and uniform eiection dates are the second Saturday in May and the first Tuesday after the first Monday in November. The City submits the election to the U.S. Department of Justice for "pre-clearance". The City publishes notice of election in the newspaper 10-30 days prior to election. If the election results change the sales tax rate, the City Secretary sends a certified copy of the resolution or ordinance declaring the election results via U.S. certified mail to the Comptroller of Public Accounts Revenue Accounting Division Tax Allocation Section, 111 East 17th Street Austin, Texas 78774. The Comptrolier will confirm the rate change within 30 days. Counciimember Brown stated he did not mention Chapter 313 and the reiated tax incentives and Russeil Gallahan stated Chapter 313 is restricted only to school districts and the types of incentives cities can give, that are similar to Chapter 313, are abatements and they do not have a connection to sales tax. Mayor Smith asked about the Fire Control and Prevention District and an Emergency Medical Services District and Friendswood may qualify for that. It works much like the Crime Control District without the time Iimits and City Council controls the money by full appointment of the board. Councilmember McGinnis asked if all of the taxes combined could accumulate to more than two percent and Russell Gallahan stated the combination could not be more than two percent. i � i I 02/06/12 3875 Councilmember McGinnis asked if the comparisons to other cities were anecdotal or was there research done and Russel Gallahan stated they have looked at major metropolitan areas and suburban cities, and Friendswood has smaller retailers and no big box retailers so spending does not impact the tax rates as it does in larger cities. Councilmember Brown asked if there are studies that compare suburban areas and Russel Gallahan stated he would research that. He stated that the required minimum increments of 1/8 can be combined in one election if the City chooses. Mayor Smith thanked Russell Gallahan for making the presentation. Ryan O'Hara with BOSC, Inc., gave an overview of debt issuance alternatives. He stated that the tax bond is the most common type of issuance. They can be used for the purpose of making permanent public improvements or for other public purposes. They are secured by and payable from the City's limited ad valorem tax. They are issued for new money purposes and must be approved by a majority of a City's voters. Certificates of Ob�igation are the second option for a City. It is more procedural and may be issued by eiigible cities for construction of a pubiic work, purchase of materials, supplies, equipment, machinery, buildings, land, and rights-of-way for authorized needs and purposes, and payment of contractual obligations for professional services and certain city employee-related expenses directly attributabie to projects financed by Certificates of Obligation. They may also be issued for the payment of contractual obligations incurred to pay for interests in and right to water or sewer treatment capacity and incurred in constructing or equipping a jail, demoiishing dangerous structures and restoring historic structures. To be eligibie, the City must be a Home Rule City or authorized to levy an ad valorem tax of at Ieast $1.50 per �100 of assessed valuation of taxable property. Voter approval is not required for the issuance of Certificates of Obligations except when five percent of the qualified voters sign and submit a petition to the City. They are subject to the approvai of the Attorney General of Texas, and after such approval the issuance is incontestable. Other debt issuance altematives are revenue bonds, tax notes , and anticipation notes, contractual obligations, lease/purchase financing for personal property, and financings using non-profit corporations. Counciimember Brown asked what is the lowest typical cost � method of doing financing out of these options and Ryan O'Hara stated tax bonds/voter bonds are the Iowest from an interest rate standpoint. Councilmember Brown asked if there has been any consideration to the Charter when considering these and Ryan O'Hara stated no. Communiry Development Director Morad Kabiri presented the Capital Improvement Plan (CIP). He stated he thought it wouid be a good idea to refresh Council's memory about what is on the CIP, aiso to further inform the residents since there has been information on the Public-Education-Government channel (PEG) about the CIP. He stated he will go over where the City has been, what is going on now, and where the City is going. Discussion wiil aiso be on funding options for future projects and capital improvements. Since the first CIP Manual in 1998, six street and parking Iot paving projects have been completed, six drainage projects have been completed, four parks projects have been compieted, seven City facility projects have been completed, twenty-one water and sewer projects have been completed. The street and parking lot paving projects are Sunset Drive, Friendswood Link Road extension, additional City Hail parking, Activity Building parking, Stadium Lane parking improvements, and Iibrary parking Iot repairs/restriping. Drainage projects are Sunmeadow drainage, Annaiea/Whitehall/Kingspark drainage, Clover Acres drainage, Glenshannon drainage, Woodlawn streets and drainage, and FM 518 drainage improvements (Willowick to Cowards Creek). Parks projects are Centenniai Park Phase I and II, Friendswood Sports Park, and jogging trail at Stevenson Park. City facility projects are Public Safety Building, Fire Station No. 4, Public Works security gate, Public Works wash bay, library land acquisition, Public Works vehicle storage building, and Municipal Court renovations. Water and sewer projects are Blackhawk FM 2351 waterline, E. Heritage eight inch sanitary sewer, sixteen inch waterline (Melody to Sunset), Autumn Creek sewer line, additional water purchase, second surface water take point and system loop, Moore/Mandale waterline Ioop, Bay Area Boulevard waterline, wastewater treatment plant waterline loop eight inch, Longwood Park water and sewer, Water Plant No. 3 rehabilitation, Water Plant � No. 4 rehabilitation, surface Water Plant No. 1 rehabilitation, San Joaquin Estates sewer, second I elevated tank, Sunmeadow Lift Station, South Friendswood force main, Blackhawk Waterline, sixteen inch transmission waterline (Sunset to Wastewater No. 4),Deepwood Lift Station and force main. 02/06/12 3876 � The current capital improvement projects are Melody Lane reconstruction, Sunnyview Avenue/Skyview I Terrace reconstruction, Animal Control facility, Mud Gully detention and conveyance, Blackhawk/Wandering Trail/Oak Vista reconstruction, Texas Department of Rural Affairs funded generators for City facilities, Fire Station No. 3 rehabilitation/expansion, streeUdrainage improvements of Melody Lane and Sunnyview/Skyview which were partially funded by Gaiveston County bonds, and the new Animal Control facility funded by the City's General Fund. Other Capital Improvements are two Water Plants, two fire stations, and 33 Lift Stations. Water and sewer projects are FM 2351/Beamer Road utility improvements, Surface Water Plant No. 2 improvements, Water Plant No. 5 rehabilitation, Water Plant No. 6 rehabilitation, City of Houston raw water system buy-in, Blackhawk wastewater treatment plant rehabilitation, Lift Station No. 3 replacement, Lift Station No. 6 replacement, Water Plant No. 2 Rehabilitation, Water Plant No. 7 rehabiiitation. Future projects that are pianned but unfunded are a library, Records Retention Center, Civic Center, new Fire Station No. 1, Public Safety Building Phase 2, Public Works building renovation, Parks maintenance building Phases 1 and 2, Fire Department training field upgrades. Future General Government projects for streets with a Pavement Management Master Plan, future phases are Brittany Bay Boulevard Phase 1, Friendswood Link Road Phase 2, Brittany Bay Boulevard Phase 2, and San Joaquin Parkway reconstruction. Future projects planned but unfunded are Brittany Bay Boulevard Phase 1 east of FM 528 to League City, four lane divided roadway, Friendswood Link Road Phase 2 from Blackhawk Blvd to FM 518, four lane divided roadway, Brittany Bay Boulevard Phase 2, west of FM 528 to Pearland, four lane divided roadway, alignment undetermined, and San Joaquin Parkway, expand 900 feet roadway, four lane divided roadway. Future General Government Projects for drainage are FM 518 drainage improvements Phase 2, AnnaleaM/hitehall/Kings Park drainage improvements Phase 2, Shadowbend drainage improvements Phase 2, Sunmeadow drainage improvements Phase 2, and Tributary 2 drainage/outfall improvements. Future General Government Projects for Parks are park improvements in Imperial Estates Park, Old City Park and parkland acquisition for Lake Friendswood. Future water and sewer projects for five year are second elevated storage tank rehabilitation, east FM 528 waterline, 42-Inch water main replacement, second elevated storage tank rehabilitation, FM 528 elevated storage tank. Future water and sewer projects beyond five year are ! automated meter reading system. Beamer Road sanitary sewer future phases, improvements include a new gravity sewer lines along Beamer Road toward Dixie Farm Road, new Lift Station and force main, and expand service area in northern panhandle. Beamer Road waterline future phases, improvements include a new twelve inch wateriine along Beamer Road toward Dixie Farm Road, expand service area in , northem panhandle. Blackhawk wastewater treatment plant capacity expansion, EI Dorado/Lundy Lane sanitary sewer improvements include a new lift station which expands service area to southern portion of the City. FM 528/Falcon Ridge/Windsong sanitary sewer improvements inciude a new lift station which expands service area between Falcon Ridge and Windsong. FM 528/Lundy Lane/Tower Estates sanitary sewer improvements include a new lift station which expands service area between Lundy Lane and Tower Estates. San Joaquin Estates waterline replacement improvements will loop the system and improves pressure. Supervisory control and data acquisition system upgrade, current utility communications system, vital to the continued operation of our utility facilities. South Friendswood service area water loop which would loop southern reaches of City's system, improve.capacity and pressure. Water distribution replacement and upgrades, asbestos cement pipes predominantly used mid 1900's, over time pipes crumble, proposed systematic replacement of waterlines. Surface Water Plant No. 1 rehabilitation, improvements inciude sand blasfing and painting of existing storage tanks, routine maintenance. Water Plants No.'s 3 and 4 rehabiiitation improvements include sand blasting and painting of existing storage tanks. Windsong sanitary sewer improvements include a new lift station which will provide public sewer to Windsong subdivision. Mayor Smith thanked Community Development Director Morad Kabiri for the update. i Councilmember Scott briefly left the Council Chambers at this time. I 02/06/12 3877 Councilmember Hiil thanked Public Works, Community Development, Administrative Services and anyone who has had a part in getting the projects completed or near completion without raising taxes or water rates. Councilmember Brown asked if Staff needs an approved CIP in order to prioritize going fonvard and Morad Kabiri stated yes, Staff needs clear direction from Council for the new five year window as well as a defined funding source. Assistant to the City Manager Nick Haby introduced Mike Snyder, a consultant with MindMixer, to discuss and review, via webinar, MindMixer, which is a virtual town hali meeting. Mayor Smith stated this is a first, the City is looking at improving technology and this is part of the consideration. Nick Haby stated MindMixer is a website that is a virtual town hall and was brought to the City's attention at the Texas Municipai League conference. Staff wanted to bring it to Council to show what it can do and how it works. Mike Snyder stated MindMixer was created two years ago and the people that created it come from planning, was a result of frustration of trying to have public meetings and project meetings and only reach a smail section of the population, and this application ailows for citizens to be able to communicate with their local government as weli as each other on civic topics without the requirement of place and time. He gave a demonstration of their site and of a virtual meeting, website can be customized to match the City's website, bulk of experience for user will be within the topics that are dictated by Staff, can be very broad or very narrow. MindMixer is working with 100 communities across the country and are currently working with the Houston-Galveston Area Councii on a project, and newer ciients are going toward a perpetual model. If focus is a certain area those are available online, showed functionality to frame conversations, citizens communicate their issues, it does not allow anonymous participation, can customize sign up form or can use Facebook to sign in, can see who is and who is not participating, can see reports, can print out, can submit ideas, gave exampies of uses, someone seconds but cannot second more than once, helps prioritize, last week launched budget tool, aliows citizens to be a part of budget or funding process, can do poiling and survey as well, is in 52 different languages, can participate and vote by text, has gaming feature, participation on the site is visible and one has to follow ground ruies. It has to be on topic, has to be constructive, and wili police the site. Mayor Smith asked about the cost and Nick Haby stated that the City was offered a six month triai for$2,500 and Mike Snyder stated the six month trial is still available, and there are other opportunities. Mayor Smith asked if he would be available in the next hour to continue the discussion and Mike Snyder stated yes. Mayor Smith thanked him for the presentation. REGULAR SESSION Mayor Smith opened the Regular Session with Communications from the Public. COMMUNIGATIONS FROM THE PUBLIC II Carrie Hunnicutt, Friendswood resident, addressed Council and stated she has lived here 15 years, is a minivan driving soccer mom, is not here to kick out Space City Futbol Club from Centennial Park, have friends whose children play for Space City Futbol Club and her siblings play for Space City Futboi Club, Ieft Space City Futbol Club to go to another club for iower cost and would Iike to play soccer at Centennial Park as Space City Futbol Club does, went through process for two years, requested a field and was told no by Space City Futbol Club. Community Services Director James Toney stepped in to get them field time on the nights Space City Futbol Club was not using it, and the Alvin Club received an invoice from Space City Futbol Club for maintenance, and was told not to pay it by Community Services Director James Toney. She stated she is requesting for the City to exercise the existing policies that would allow another soccer team to play in Centennial Park. 02l06/12 3878 I Ray Hunnicutt, Friendswood resident, addressed Council and stated he has been a soccer coach for 30 i seasons and enjoys volunteering his time, was nominated Volunteer of the Year when he was with Space City Futbol Club, was on the Board, had to leave when it became costly, is depressing and frustrating when has no other teams to scrimmage, need more teams playing out there, please enforce policy already in place, is not asking to kick any team out, has a Iot of friends that are with Space City Futbol Ciub, no need to drive outside City when there are open fields, charging sets a precedence, does not want special treatment, wants to abide by rules in policy, and please take under consideration. Darren King, Operations Director for Space City Futbol Club, stated his main role is liaison between Space City Futbol Club and the Friendswood Parks and Recreation Department concerning youth soccer programming at Centennial Park. Space City Futbol Club had 683 Friendswood registrants last year, historically they were instrumental in the development and funding for a large portion of the field lighting and turf, maintains goals, nets, field lighting with registration fees, donates Iabor hours for maintenance, is hoping to explain to outside user groups, volunteer hours provided labor and equipment to fix cracks during drought, no other group has contributed more, is aware of Parks and Recreation Board meeting, never denied play of groups, ail they asked is that they negotiate their agreements through the organizations they are a part of and they should share for maintenance and volunteer labor, would like to recognize the large number of inembers in attendance and will be at the upcoming Parks and Recreation Board meeting. Councilmember Hill asked him if he was a Friendswood resident and Mr. King stated he was a Friendswood resident for nine years, but is not now. Robert Mansell, Friendswood resident, addressed Council and stated Space City Futbol Club is against others using the soccer fieids at Centennial Park. Space City Futbol Club stated they maintain fields and provide sweat equity and states it is a smail group of disgruntled people who are speaking out. Space City Futbol Club does not own any of the fields they play on, they pay user fees but those fees do not cover the entire cost, has been involved in soccer since 1990 and has done his share of sweat equity, helps to take care of many other parks including Centennial Park, and would provide additional help with maintenance in exchange for practice time. The real reason for the disagreement is about money and registration fees. What if other people left Space City Soccer and started a group, who would be left to pay the salaries of their professional Staff? The residents do not believe that the quality of the product is worth what Space City Futbol Club is charging and that the registration fees are much higher than those of other clubs, for parents of over 30 Friendswood players Space City Futboi Club was not the right ' answer, Council should grant the right to citizens of City owned property. John Madden, Friendswood resident, addressed Councii and stated that over the last nine years he has served in different capacities with Space City Futbol Club, there are Friendswood residents in their group, have City of Houston trainers that Iook at them and are a strong group, program is working for many youths in Friendswood, and believes charging a �ominal fee for paint and goals is reasonable. Space City Futbol Club is charged with managing the field, and another team should receive a pro-rata share. Ron Jadidi addressed Council and stated he is owner of the Sheli station in Friendswood and is speaking regarding City vehicles buying fuel at the school districPs bus barn. He further stated he met with Administrative Services Director Cindy Edge and Community Development Director Morad Kabiri and this decision was a shock, economy is tough and when the City cuts out gas stations for fuel purchases it hurts, every penny they do not make hurts. Council made a decision on savings and that is not 100 percent true, 38.4 cents is the tax on every gallon of gas purchased, and according to Mr. Kabiri, the City is saving .25 cents per gallon, are paying 11 dollars over the cost. If the City figures out how to save on the tax and file taxes correctly with the fuel man and do it the right way, money can be saved. j Friendswood needs to be more business friendly for businesses in town, the school districYs bus bam will i not make the money but someone out of town will make the mo�ey, and just paid �12,000 in property ', taxes. i 02/06/12 3879 The number one target for robbery is a gas station, seeing a police car there is a deterrent, the City cut that opportunity out when they stopped going there for fuel, is a sense of insecurity amongst all gas stations, not the right way to protect business men in this town. Steve Rockey, Friendswood resident, addressed Council and stated he has lived here 11 years, and is running for City Councii in the May eiection. He further stated he has been asked why he is running and the answer is that he really loves this City, has Iived elsewhere and nowhere else has felt like home, has degrees in Philosophy and Chemical Engineering, worked for Sheli and has been a chemical plant manager, an engineer and a vice president of a supply chain, and now works as a management consultant. He further stated he is on the board of directors of the Friendswood Historical Society and is past president of the Friendswood summer swim team. He has nothing but admiration for anyone who has served on Council. It is a tremendous use of time and devotion to the City, people may disagree with some of their decisions but applauds the willingness to serve, believes Friendswood should live within its means and does not want the taxes to go up and believes his management experience can help with that, .has run a plant before and knows how to maintain costs. Councils are more effective when they work together, when there are disagreements move onto the next and cooperate. When he moved to Friendswood water pressure was poor but projects are being done to improve it and knows Councils before did this, his water pressure has increased and those are the things Council should focus on. Thanked Council for the opportunity to speak, and plans to run a positive campaign. COMMUNICATIONS FROM GOMMITTEES AND SPECIAL REPORTS Friendswood Deputy Police Chief Luke Loeser stated Dr. Alexander Young III, Animal Shelter Advisory Committee Chair, could not make it at the last minute so he will speak on Dr. Young's behalf. The City formed the Animal Shelter Advisory Committee to comply with Chapter 823 of the Health and Safety Code which addresses the health and safety of animals, and more specifically regulates the standards for animal shelters and that is the purpose of the Animal Shelter Advisory Committee. Deputy Chief Loeser presented the report and stated in 2011, the Animal Control unit was very active in creating a greater presence in residential neighborhoods throughout the community. Calls for service related to pets and wildlife have increased by 27 percent over last year with 1,877 cails for service in 2010 as compared to 2,378 cails for service in 2011. This unit of the Police Department conducts community outreach to advocate for responsible pet ownership and education on how to handle wildiife dispiaced by construction of new neighborhoods. Pictures of stray pets are posted on a website so that owners or potential new owners can view inhabitants of the animal shelter. Website updates, pet adoption days and dog-walking are supported by community volunte@rs who have been screened and trained to work with shelter Staff. Over the nine year history of calls for service, the Animal Control unit has averaged approximately 2,137 calls a year. Animal Control services are currently provided Monday through Saturday between 7:00 AM and 6:00 PM. In 2011, the unit expanded from hvo full-time animai controi officers to three full-time animal control officers and a full-time shelter manager. Animal Control services are also provided in the event of emergency call out requiring an animal control officer to be available to respond 24 hours a day in a call out capacity. In 2010, City Council authorized funding for a new facility. Current City property located near the water tower at the west City limits, 3000 West Parkwood, was chosen as the construction site. Construction was completed and the facility began operation on December 12, 2011. in 2011, partnerships continued to be developed with the community through the volunteer program. Additional partnerships were formed with Friendswood Independent School Districts's Future Farmers of America program and Alvin Community College via their Veterinary TeCh program. Friendswood Animal Control currentiy has a volunteer program with twenty-seven members. These volunteers have been very active in the adoption program as well as assisting in the maintenance of the grounds and facility. The Animal Shelter Advisory Committee met seven times this calendar year. Among the accomplishments of the Animal Shelter Advisory Committee were the completion of the shelter and the establishment of a new fee schedule for adoptable animals. Adoption numbers have increased since 2008. The Animal Control volunteers and the designation of a shelter manager have had a significant impact on the number of adopted animals. 02/06/12 3880 However, most significant is the increase in the live reiease rate which was 89 percent in 2011 compared to 75 percent in 2010. In 2012, the Friendswood Animal Control will continue to strive for excellence in providing animal control and enforcement services to the City of Friendswood. As in the past, will continue to build better relations with residents. Finally, we will remain diligent in our efforts to keep Friendswood a safe and friendly animal-Ioving community. The major challenges for 2012 are completion of programmed kennels, cages, and runs, maintain acceptable response times given increasing calis for service and additional time required to clean and maintain the shelter, expand donation opportunities, and to expand volunteer opportunities and partnerships. With concurrence of Council, Mayor Smith moved to Agenda Item 10, consideration and possible action regarding termination of agreement with RBC Capital Markets and approving a new Financial Services Advisory Agreement with BOSC, Inc. ACTION ITEM "Councilmember Barker moved to authorize the termination of agreement with RBC Capital Markets and to approve a new Financial Services Advisory Agreement with BOSC, Inc. Seconded by Councilmember Hill. The motion was approved unanimously. With concurrence of Council, Mayor Smith moved to Agenda Item 16B, Ordinance No. T2012-04 - First reading of an ordinance granting a franchise for solid waste collection and a disposal to IESI, TX Corporation. ORDINANCE I **Councilmember Barker moved to approve the First Reading of Ordinance No. T2012-04-An Ordinance I granting to IESI TX Corporation the right, privilege, and franchise for a term as set out in Exhibit "A", i attached hereto and made a part hereof, to provide solid waste collection and disposal, and related business activities in the City of Friendswood, Texas; prescribing compensation for the rights and privileges and franchise conferred hereunder; and prescribing the conditions governing the operation of the business. Seconded by Councilmember Hill. The motion was approved 4-3 with Councilmembers Enochs, McGinnis and Brown opposed. Council recessed at 727 PM and reconvened at 7:39 PM. ' With concurrence of Council, Mayor Smith moved to Agenda Item 9, consideratio� and possible action regarding disposition of RFP No. 2012-01 for Mowing of City Property, 2012-1014 and authorize the Mayor to execute the contract. ACTION ITEM **Gouncilmember Swtt moved to approve disposition of RFP No. 2012-01 for Mowing of City Property, 2012-2014 and awarding to Cornerstone Maintenance and authorize the Mayor to execute the contract. Seconded by Councilmember Barker. The motion was approved unanimously. CITY MANAGER'S REPORT City Manager Roger Roecker reported on the upcoming Open House for the Animal Control facility. The much-anticipated Open House for the new Friendswood Animal Control facility is now scheduied for i Saturday, March 3, 2012, although the building officially opened for business in mid-December. The i � facility will be open to the public for a celebration slated to continue most of the day. i I 02/06/12 3881 City officials and Friendswood Animal Control Staff and volunteers will mark the occasion with a ribbon- cutting ceremony followed by an open house featuring building tours, animal adoptions and accepting food/blanket donations. Ail events are open to the public. During the open house, shelter Staff and volunteers will be offering tours of the shelter to promote animais availabie for adoption. The open house wili let the citizens of Friendswood take a closer look at the valuable role the animal shelter plays in enhancing the quality of life in the community. The Animai Control division offers many services to assist animals and people alike, such as controlling dogs running at large, rescuing injured animals, returning lost pets to their owners, and adopting animals into new, loving homes. They also offer the personal guidance of their Staff and volunteers to assist the public with animal-related issues and concerns, from dealing with wildlife to helping with pet-behavior questions. The facility was designed and buiit to reflect Friendswood Animal Control's commitment to animai welfare and health. A few of the new amenities include a new education/community room, additional housing for dogs and cats, medical isolation areas designed to reduce disease transmission. Friendswood's pet population has a new"leash" on Iife thanks to the opening of the Friendswood Animal Control building. The City Manager reported on Town Hall meetings. On January 26, 2010, a Town Hall meeting was held for residents that will be impacted by the Blackhawk Boulevard, Oak Vista Drive, and Wandering Trails Reconstruction Projects. in addition to the citizens that came; representatives from Ciear Creek Independent School District, the contractor, the design engineer, Police Department, and Community Development Department Staff were also in attendance. Approximately 30 or more individuals were present and posed insightful questions regarding the project and its impact to traffic, drainage, emergency access, mail delivery, and trash pickup. Prior to the meeting, Staff had aiso attended Homeowner's Association meetings for Wedgewood Village and Forest Bend subdivisions to discuss these same issues and concerns relating to the project. At this time, Staff anticipates construction activities commencing mid-February and lasting approximately one year. Periodic updates on how the project is progressing, traffic detours, and other items will be posted on the City's website. There will be a groundbreaking ceremony for the Blackhawk component of the project sometime around the start of construction. As the date is firmed up, notices wiil go out via the City's e-mail notification system. In the coming months, a subcommittee of the Planning and Zoning Commission and Staff will hold a series of five town hall meetings at City Hall to educate the public and solicit feedback on a proposed Single-Family Residential Estate (SFR-E) zoning category. Town Hall meetings are a result of work conducted by members of City Councii, Planning and Zoning Commission, and Staff over the last few years to address future growth management issues. The City Manager reported on the Builders' Forum: Following the recent development fee changes approved by City Council on January 9, 2012, a forum was held on January 24, 2012, with builders and developers who regularly work in the community to discuss potential impacts to their day-to-day activities. As mentioned previously, the fee changes were a result of an effort to better offset the cost of providing services and to remain competitive with neighboring communities. Of particular note, a fee for after-hour inspections and commercial site plan reviews has been instituted to recover the expense of Staff time relating to the provision of those services. These fees went into effect February 1, 2012, and will help reduce the burden on the existing tax base and assist in counteracting the ever-increasing cost of doing business, examples are higher energy costs and supply costs. Overall, the change in the price for building permits wiil be minimaL The City Manager reported on Stevenson Park projects. The Community Services Department has recently completed two enhancement projects at Stevenson Park. First, the tennis courts and the basketball court have been resurfaced. Each of the four tennis courts also received new posts, nets and a lively color change. This project was originated at the request of many of the local users and groups who frequent the courts on a daily basis (morning, noon, night and late nights). Second, the final piece of the addition to the playground was compieted. A new bridge structure connects fhe original, fully- inclusive playground with the smaller playground geared for younger children. Several new independent j play pieces were also added; a seated spinner and a rocker. � 02/06/12 3882 i Both of these projects were approved by the Mayor and City Council and funded by the Park Dedication i Ordinance. With concurrence of Council, Mayor Smith moved to Agenda Item 11, consideration and possible action regarding approving a release of claims on Big State Excavation, Inc., with respect to their work on the Glenshannon Drainage Project and a waterline Ieak. ACTION ITEMS "Councilmember Barker moved to approve a release of claims on Big State Excavation, Inc., with respect to their work on the Glenshannon Drainage Project and a waterline leak. Seconded by Councilmember Hill. The motion was approved unanimously. �'Counciimember Enochs moved to change the structure of the Homeowners Association Council liaison position into one that is more in Iine with the structure of the other committees. Seconded by Councilmember Brown. Discussion ensued between Mayor Smith and Councilmembers regarding the explanation for the motion, the need for consistency in the formation of committees and liaison positions, and the prudence of the City connecting strongly to the homeowners associations. "**Mayor Smith amended the motion to turn over the Homeowners Association Iiaison responsibiiities to the City Manager's office and give further direction as is discussed. Seconded by Councilmember Barker. The amended motion was approved 4-3 with Councilmembers Enochs, McGinnis, and Brown opposed. j I "'*Gouncilmember Brown moved to table the item. ; Seconded by Councilmember McGinnis. The motion to table failed 2-5 with Mayor Smith and Counciimembers Barker, Enochs, HiII, and Scott opposed. Mayor Smith stated the direction he would give to the City Manager would be that the position would be one of availability and communication with no additional expectations unless Staff decided it warranted organizing an annual or semi-annual meeting at their discretion. Discussion ensued between Mayor Smith and Councilmembers regarding the official role of the Council Liaison as opposed to volunteering as a Councilmember. *"**Counciimember Enochs moved to table the item. Mayor Smith stated the motion to table has already been made and failed. Councilmember McGinnis made a point of order and asked if Gouncilmember Enochs can still withdraw his motion now that it has been amended and City Attorney Arnold Poianco stated no. Councilmember Brown made a point of order and asked if the motion on the table properly noticed pursuant to the agenda and Mayor Smith stated yes. Councilmember Brown stated she would Iike the City Attorney's position. City Attorney Arnold Polanco stated his opinion is that the subject of the amended motion is fairly within the grasp of the notice that is provided to the public but is getting close to the edge. •*Councilmember Enochs moved to appoint Jeremy Sampson to the Keep Friendswood Beautiful � Committee to fill a vacant, unfilled position for a term to expire February 2015. i Seconded by Councilmember Scott. The motion was approved unanimously. ', 02/06/12 3883 **Councilmember Brown moved to modify Section 3.09 of the Charter and have it on the ballot to reflect the Ianguage provided in the backup material which, for the record, is to change the last sentence to read "aIl meetings of the City Council shall be open to the public except as otherwise permitted by State law and held at a facility and location readily accessible to the general public". Seconded by Councilmember McGinnis. The motion failed 1-6 with Mayor Smith and Counciimembers Barker, Enochs, HiII, McGinnis, and Scott opposed. Discussion was held between Mayor, Councii, and the Ciry Attorney regarding necessity and whether the Charter requires clarity. *'Councilmember Barker called the question. Mayor Smith asked for objection to calling the question and no one objected. RESOLUTIONS `�Councilmember Barker moved to approve Resolution No. R2012-02 - A Resolution of the City Councii of the City of Friendswood, Texas, designating fhe Mayor Smith as the City's representative in seeking eligible grant funds under VX — General Victim Assistance — direct services programs soiicitation for planning year 2013; and authorizing the submission of such grant application to the Criminal Justice Division of the Office of Governor. Seconded by Councilmember Enochs. The motion was approved unanimously. "*Councilmember Barker moved to approve Resolution No. R2012-03 - A Resolution of the City Councii of the City of Friendswood, Texas, providing for the holding of a General Election on May 12, 2012, for the purpose of electing a Mayor and two Councilmembers (Position Nos. 1 and 3); ordering a Runoff Election on June 16, 2012, if necessary; designating the polling places and appointing eiection officials for such election; providing the form of the ballots at such election; directing the giving of notice of such election; and containing other provisions relating to the subject. Seconded by Councilmember Hill. The motion was approved unanimously. ORDINANCES �"Counciimember Hiil moved to approve the Second and Finai reading of Ordinance No. 2012-03 - An Ordinance approving a partial vacation of a pubiic right-of-way situated on property located at 1002, 1004, 1006 and 1008 Majestic Lane, Friendswood, Texas; authorizing the Mayor Smith to execute and the City Secretary to attest a quitclaim deed by and between the City and Mr. Raul Espino, Mr. and Mrs. Matt Wilber, Mr. and Mrs. Kenneth Janis, and Mr. and Mrs. Alexander Garcia. Seconded by Counciimember McGinnis. The motion was approved unanimously. '*Councilmember Scott moved to approve the First reading of Ordinance No. T2012-05 -An Ordinance amending Sections 14-2 (b) and (c) and Appendix D of the Code of Ordinances of the City of Friendswood, Texas. Seconded by Councilmember Barker. The motion was approved unanimously. **Councilmember McGinnis moved to approve the First and Final reading of Ordinance No. 2012-06 -An Ordinance amending City of Friendswood, Texas, Ordinance No. 2011-31, passed and approved October 3, 2011, same being an ordinance approving and adopting the City's General Budget for Fiscal Year 2011-2012 by approving "Budget Amendment IV" to the "Originai General Budget of the City of Friendswood, Texas, for the Fiscal Year 2011-2012"; providing for supplemental appropriation and/or transfer of certain funds; providing for severability; and providing other matters related to the subject. Seconded by Councilmember HiII. The motion was approved unanimously. I 02/06/12 3884 COMMUNICATION FROM THE MAYOR AND GOUNCILMEMBERS ' i Mayor Smith and Counciimembers Barker, Hill, and Scott stated they had no report. Councilmember Enochs stated Keep Friendswood Beautiful has applied for the Keep Texas Beautiful Governor's Achievement Award grant, and will find out on March 2, 2012, if the City has won and if so, will be awarded $210,000. The Fourth of July committee asked retiring Friendswood Independent School DistricYs Coach Steve Van Meter to be the Grand Marshail for this year's parade. Councilmember McGinnis stated he has gotten the chance to attend the Planning and Zoning Commission meetings as alternate liaison and thanked the members of the commission, and appreciates their work. Councilmember Brown thanked Councilmember McGinnis for bringing Mind Mixer to Council's attention. CONSENTAGENDA *`Councilmember Barker moved to approve the Consent Agenda as presented. A. Authorize the Police Department to dispose of two vehicles by auction and property through PropertyRoom.com. B. Accept December Property Tax Report. C. Approve Minutes of January 09, 2012, Meeting. ', Seconded by Councilmember McGinnis. The motion was approved 6-1 with Councilmember Brown ' opposed. With concurrence of Council, Mayor Smith returned to Agenda Item 5C, to continue discussion regarding reviewing a WebinadDemonstration of MindMixer, virtual town hall meeting, with consultant Mike Snyder. � RECONVENE WORK SESSION ; Mayor Smith reintroduced discussion regarding the MindMixer, virtual Town Hall meeting, with consultant Mike Snyder and stated Council has the opportunity to Iook at this for something to take advantage of in the future. Councilmember McGinnis asked how to consolidate voluminous amounts of comments, asked if there are guidelines for participation of Councilmembers and Staff. Mike Snyder stated ultimately Friendswood is asking for the feedback, MindMixer can give direction, they can formulate a response but it is on the City's shoulders as to whether or not they implement. Regarding the second question, it depends on the City as to whether or not they can participate and how they can participate, if Council wants to participate on the site they can do it that way, can do first name, last initial, democratizes the conversation a little bit, can give the City more of an administrative account, most of communities do not give Counciimembers an administrative account. Councilmember Brown asked how interaction on this website applies to the Public Information Act and Open Meetings Act. Mike Snyder stated have had Terms of Use combed over, some ciients are in California and their laws are strict. The City of Denton reviewed all of those, will be kicking off in other Texas towns, and have not altered anything for their products. Counciimember Brown asked if the company had an Attorney General opinion on this and Mike Snyder stated no, aII on the site is subject to Open Records, nothing is ever deleted or removed but can sometimes be hidden from view. Mayor Smith asked about length of contract and fees. Mike Snyder stated it is a flat fee of$8,000 for 12 months, 24 months would be$14,000 and offered the City Manager a trial of six months for$2,500 or can do 18 months for cost of 12 months. i 02/06/12 3885 Councilmember Enochs clarified that this is a web application and does not have to do anything on this side and Mr. Snyder confirmed. Councilmember HiII asked if there was a way that this can be manipuiated. What if you sign in under different names and make same comments. Mike Snyder stated can vote once per account and second a vote once per account. There is a way to check IP address to see if there are multipie accounts, can ban a user and can ban IP addresses, had to do before and that person ended up becoming positive and was very helpful, and ended up being more of an influential user on the site. This would not replace a statistically significant survey but it is well protected. Councilmember McGinnis asked if his business model includes Google ads. Mike Snyder stated the sole compensation is from the City, does not sell information or post ads, can link sponsors to it but that decision is dictated by the City and would be the sole beneficiary of that. Mayor Smith thanked Mike Snyder once again for speaking to Council two times and appreciates the time taken and should hear back from the City shortly. Councilmember McGinnis asked if this is easily budgeted and is there any impact on Staff with this new participation. City Manager Roger Roecker stated several Staff inembers went through the demonstration, there are concerns about information that is offered and had some of the same questions Council had, this was not budgeted so it would require Staff to come before Council again. The amount depends on the level of service that is chosen. In regards to Staff involvement, the only person they have talked to is Mike Snyder, offers great support, and the City Staff wants to improve communication. Assistant to the City Manager Nick Haby stated one of the things MindMixer does is have an account manager that would work with the City, needs to know what kind of questions Council would want to ask. The City Manager stated there would have to be an extended discussion on how Council would want to use this program. Mayor Smith asked Councilmember McGinnis what level he would like and Councilmember McGinnis � stated a year would be long enough to get the word out and would generate a good trial period. Councilmember Brown stated 18 months would cost the same as a year, could look at other cities to adopt policies and thinks the Attorney Generai couid give an okay opinion letter. Councilmember Barker stated he does not see this as an emergency, budget for next year, other cities are doing it so ask them, makes sense to have new Council look at it, does not see a hurry, no buiidings burning down if it is not done now. Councilmember Enochs stated is all about advancing but the City was pinching pennies during last budget cycle, six months is not a good trial period, review in the next budget cycle, would give Staff time to plan on how to utilize it and prepare well. Mayor Smith asked if the City could use media funds/Pubiic-Education-Government(PEG) channei funds and the City manager stated he has not asked. Councilmember Scott stated he echoes Councilmembers Enochs' and Barker's thoughts, roll out needs to be well thought out, sees as a tool to disseminate information but have to give guidelines or directions. Councilmember Brown asked if the discount offer can keep to �ext budget cycle. There are funds in Mayor and Council's budget. 02/06/12 3886 i Mayor Smith stated he does not think six months is long enough either, but does not want to invest � $5,000 either, should ask Mike Snyder if there can be a discount for a year trial. Is not scientific but subjective information so it cannot be controlled, is up to the City to decide what the proper use can be, have been trying for years to improve communication, if there is a tool to look into that then it may be worth looking into. Councilmember Scott stated it would be worthwhiie for Staff to look at and see where this can be implemented and how it can be used, would give some more time, see what other cities are doing with it, that way when it is being considered again the City is not jumping in blind. Councilmember Hili stated money is tight in the budget and is concerned that 1,000 peopie could manipulate the City, if there were a lot more would be useful, a vocai minority could use it to get what they want. Councilmember Brown stated if there is any way to reach out should do, reality is that a small amount of people do dictate, others are disinterested, should reach out at an economical cost. CLOSED EXECUTIVE SESSION Mayor Smith asked if there were any comments regarding the Executive Session topic. No one spoke. Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.074: Personnel Matters; to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. (Evaluation of the City Manager) ! � � Council reconvened into Open Session at 10:30 PM with action taken later in the meeting. i � RECONVENE INTO OPEN SESSION "Councilmember McGinnis moved to suspend Ruies of Procedure for fifteen more minutes. Seconded Counciimember Hill. The motion was approved unanimously. RECONVENED INTO CLOSED EXECUTNE SESSION Council reconvened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.074: Personnel Matters: to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. (Evaluation of the City Manager) Coyncil reconvened into Open Session at 10:42 PM with action taken later in the meeting. RECONVENE INTO OPEN SESSION **Councilmember Scott moved to approve a merit increase for the City Manager of 2.17 percent according to the City Manager's discretion. Seconded by Councilmember Enochs. The motion was approved unanimously. Councilmember Scott stated 2.17 percent was actually less than prescribed by the City Charter. 02/06/12 3887 Mayor Smith stated the City Manager asked that he be given less of an increase than the minimum requirement stated in his contract and that speaks to his frugal nature and how he likes to conduct business. The meeting was adjourned at 10:46 PM. ��Y --F� Mayor Smith David J.H. Smith ` ��2k.. � ��'��04 Sy� Melinda Welsh, TRMC .� City Secretary � O 0 � * �A°9TF oF '��'I�Py