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HomeMy WebLinkAboutCC Minutes 2012-09-10 Regular 09/10/12 3989 STATE OF TEXAS )( ' CITY OF FRIENDSWOOD COUNTIES OF GALVESTON/HARRIS )( SEPTEMBER 10, 2012 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY,SEPTEMBER 10, 2012,AT 4:30 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR KEVIN HOLLAND MAYOR PRO-TEM JIM HILL COUNCILMEMER STEVE ROCKEY COUNCILMEMBER BILLY ENOCHS (Arrived at 6:59 PM) COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER JOHN SCOTT COUNCILMEMBER DEIRDRE BROWN CITY ATTORNEY ARNOLD POLANCO CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH REGULAR SESSION Mayor Holland called the meeting to order. i The invocation was given by Pastor John Petering with Hope Lutheran Church. ' Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Maria Revell, Friendswood resident, addressed Council and stated she lives in Rancho Viejo and is concerned about Lake Friendswood which is near her home, increased activity at the lake, has placed many calls to the police, a lot of criminal activity at the lake with several rounds from an assault rifle being shot, drug activity, and lighting issues. Police are doing a great job, believes this is one of the most dangerous areas in Friendswood, she and her neighbors feel the area needs to be fenced, there does not need to be a tragedy to do something, is a pro-active community, and need to do amenities fully before opening the lake. John Revell, Friendswood resident, addressed Council and stated he lives in Rancho Viejo and Friendswood Lake activity has been ongoing but recently has increased, easement was cut in for West Ranch and since the easement was opened up illegal traffic has increased, was outside when the assault rifle was fired, was an eye opener for him and neighbors, hears all activity going on at the lake, appeals to Council to take immediate action to secure property before one of the community members or trespassers are hurt or killed. Susan Weber, Friendswood resident, addressed Council and stated she lives in Rancho Viejo and on the weekends the traffic coming through on four wheelers are going through the wet area and creates ruts and are coming onto her property, rebar sticks up and someone is going to get hurt, there is evidence of broken glass and fires and cannot get emergency vehicles down that road, need to do something about it now and not wait until there is a tragedy. ' Jim Jamail, Friendswood resident, addressed Council and stated he echoes what his neighbors have stated, take off for public land use until funds are available to do park, City has benefit of sovereign immunity, should not take lightly, is a higher duty for the City to make sure it meets standard of safety before opening, needs to do park right and make a first class facility, do not impact property values. 09/10/12 3990 J. L. Hill, Friendswood resident, addressed Council and stated he lives across the creek from Imperial Estates and is concerned about a dog park being built, is concerned about the feces polluting Clear Creek and what little marine life is left will disappear, is against. Fred Krch, Friendswood resident, addressed Council and stated the City bought Friendswood Lake in 1992 and has done nothing, is an attractive nuisance, hears money being proposed to be spent and do not need, showed brochures on other parks that are not fenced, discussed other types of parks and recreation centers such as one in Pasadena, apparent that the City of Pasadena has solved all the legal bugaboos, quoted legal liability for reasons not to open the lake, and do not tell him it is money. He further stated Council finds money for things they want to do, why has the lake not been developed into a recreational site, is there a devious reason, it is a terrible waste, does not expect this lake to be developed in his lifetime and is another thorn in the City's side, is becoming dangerous because of trespassing. Joan Janak, Friendswood resident, addressed Council and stated she lives in Rancho Viejo and Friendswood Lake does need to be secured as well as the roads, is secluded and has had a lot more activity recently, has seen a big increase in traffic since opening up West Ranch Subdivision, sees 20 cars a day during the day, barns and livestock are back there. WORK SESSION Mayor Holland opened a discussion regarding the City's proposed Fiscal Year 2012-2013 General Operating Budget. City Manager Roger Roecker presented a PowerPoint presentation starting with the Historical Perspective of the budget from 2008 to current. Over the past years the City has developed budgets that have included no new programs except Teen Court, no inflationary adjustments to the base budget, Effective Tax Rate or slightly less than effective tax rate adopted over the years; deferral of street maintenance, some facilities maintenance and equipment purchases, and technology infrastructure, ' Operating Budget reductions/reallocations of$291,551, limited growth in property values, recent decline in sales tax revenue, investment income declined by approximately 86 percent, merit funding has been limited in recent years, discussed definition of Effective Tax Rate (ETR), projected ETR was $.6046 with the property tax values received, the ETR will be $.5970. The City Manager stated the City of Friendswood is only one of two cities that offer a 20 percent homestead exemption, exemptions for 2011 tax year are homestead of $444,250,676, over age 65 of $55,592,512, disabled persons of$4,646,000, disabled vet of $7,653,403, HB366 of $18,796, Freeport of $72,214, making total exemptions $512,233,601 saving taxpayers $3,023,203. In Fiscal Year 2013 with an average market value home of $200,000 the property owner pays $76.90 per month and receives police protection, Fire/EMS services, animal control, code enforcement, building inspection, library, planning and zoning, municipal court, community parks, street and sidewalk repairs, storm water drainage, senior citizen program, buildings and grounds maintenance, street lighting, engineering and projects, and Parks and Recreation special events. The Friendswood resident of Galveston County's tax dollars go to Friendswood Independent School District at 50.3 percent, Galveston County at 22.7 percent, City of Friendswood at 21.8 percent, and Drainage District at 5.2 percent. The Friendswood resident of Harris County's tax dollars go to Clear Creek Independent School District at 52.6 percent, Harris County at 23.5 percent, City of Friendswood at 22.8 percent, and Flood Control at 1.1 percent. The portion of the tax rate that pays the City's debt is $0.0663 which is the second lowest in the area. The Fiscal Year 2013 Budget highlights are to use the Effective Tax Rate, no new programs, and maintain current service levels. There are some General Funds changes from the last Council meeting which is due to property tax revenue adjusted for change in value and Effective Tax Rate which impacts the General Fund and is negative $62,118, animal control expenditures increased to match revenues of negative $17,405, Court Bailiff hours funded by the Court Building Security Fund of $5,000, estimated savings Employee Benefit Trust implementation of$25,000, Progressive (IESI) contribution to Household Hazardous Waste program of $7,500. To fund these changes Staff is proposing an increase in the amount of funding to the street program fund balance of $42,203. ' I 09/10/12 3991 With this proposal the estimated available fund balance of the above 90 day fund is $757,457. The City Manager discussed the Decision Packages that were Forces at Work and detailed them, Decision Packages funded through other sources, compared other cities in-house/out-sourced City Attorney, staffing per capita comparison. Councilmember Brown left Council Chambers at 5:06 PM. The City Manager went over the budget calendar with a public hearing and work session scheduled on September) 10, 2012, and budget and tax rate adoption scheduled on October 01, 2012. Councilmember Rockey asked the City Manager to explain the issue of less money coming in for Federal' Emergency Management Agency (FEMA), and City Manager Roger Roecker explained at the last report for the above 90 day fund, the total expenditures for Hurricane Ike were almost$10 Million. The City had recovered 91.6 percent of these expenditures from FEMA, the General Fund was affected by the amount not recovered from FEMA. I Councilmember Brown returned to Council Chambers at 5:17 PM. Councilmember Rockey asked if there were any other revenue funds coming in that had not been received other than taxes, and Mr. Roecker stated there are other revenues coming in that are not fully collected but knows of none that are of a concern for Staff in regards to the budget. Councilmember Hill asked if the $15,000 for the Household Hazardous Waste item was an increase or the total, and Mr. Roecker stated it is an increase. Councilmember Hill stated this is a program he thinks could be discontinued since only 500 residents used this service, should ask Progressive to include hazardous waste to the City's Fall Haul-A-Day or Spring Sparkle events. City Manager Roger Roecker stated residents can take household hazardous waste to the Pearland facility and pay the recycling fee charged directly. Staff has met with Royce Gray from Progressive and ' Mr. Gray is meeting with a company that collects household,hazardous waste this Thursday regarding cost of an annual type collection process. If the City decides to go this route the$7,500 donations would not be coming to the City but would go towards the collection of the household hazardous waste. Mayor Holland asked if that would reduce the amount being taken from the General Fund, and the City Manager answered yes, making the street improvement line item just under $20,000. Mayor Holland asked if the program went to Progressive collecting the household hazardous waste would there have to be another reading, and Mr. Roecker stated if Council has a consensus then Staff can make the adjustments to the proposed budget and bring back to Council as part of the document at another meeting. Councilmember Brown stated after conversations with the City Attorney she would suggest Council make an informal vote. "Mayor Holland stated Council would take an informal vote on removing the Household Hazardou Waste budgeted item of$15,100 with the Decision Package of$15,000, and potentially losing the$7,50D if Progressive does not agree to volunteer the funds for Spring Sparkle and Fall Haul-A-Day. The informal vote was approved 6-0 with Councilmember Enochs absent. City Manager Roger Roecker stated regarding household hazardous waste, Staff will have another budget amendment coming to Council for a bill that will be due soon that is going to be over the current budget. Councilmember Hill asked if there would be a chance Progressive would help with the final bill, and Mr. Roecker stated Staff can ask. Councilmember McGinnis stated regarding mosquitos he understood that the City of League City had stated they felt Galveston County did not do an adequate job, and asked the City Manager what was his feelings on mosquitos. 09/10/12 3992 City Manager Roger Roecker stated he has always felt that Galveston County does a good job servicing the county, appreciates that they did not wait until someone contracted an illness before deciding to spray. The City sprays City facilities and parks and has done a good job with the events he has attended. Councilmember McGinnis asked in lieu of buying mosquito spraying equipment should the City look into doing a contract for services. City Manager Roger Roecker stated he believes it is a reasonable effort, budget item is replacement for extremely old equipment, currently the City contracts with someone that uses the City equipment, and currently an employee is going through the certification process. Councilmember McGinnis asked the City Manager if he believes the budget for streets and infrastructure are adequate, and City Manager Roger Roecker stated with the unofficial action that was just voted on that will leave $500,000 for street repairs, a much larger number than the past few years. Councilmember McGinnis asked if the Decision Packages would be coming out of the above 90 day fund, and Mr. Roecker stated no with the unofficial action taken the above 90 day fund balance will be around $779,000, above 90 day fund is free and clear after everything is funded. Councilmember Brown stated she does not support increasing the tax rate, understands Effective Tax Rate (ETR), fund balance history shows increase in operating costs, comparing 2011 to 2005 there is nearly a $1 Million increase in operating cost, Reserve Fund grows each year, should go line item by line item. Councilmember Rockey asked if the balance shown in the above 90 day fund reflected the funds that were approved for Parks at the August Council meeting, and Mr. Roecker stated yes. Councilmember Brown stated in regards to the mosquito issue she lives in Harris County and ' Homeowner's Associations pay for spraying themselves by contracting out and not using City equipment. Mayor Holland opened discussion regarding the Galveston County Justice of the Peace Precinct 8 (JP8) request to utilize the City's Municipal Court Room. Justice of the Peace, Precinct 8 Judge Woltz stated his presence at Council is a follow up of a discussion he had with City Manager Roger Roecker and Administrative Services Director Cindy Edge, and further stated Galveston County Commissioners proposed a change, do not intend to renew the lease of the facility the Precinct Court had been using for fifteen years, gave a brief history, precinct was created in 1982, as of this year the lease has changed to a month to month lease. Judge Woltz stated he was told to find another space for the court or the court would have to move to the League City Annex, but stated he feels it would serve the City of Friendswood better to stay in Friendswood so he began searching and has found a small building for the Administrative Offices, still needs a courtroom, volume is lower than the City's court, went in further detail about proposed plans, wants to get ahead of the matter, will need a usage contract at some point if City agrees. The Galveston County Justice of the Peace Precinct 8 used City facilities until 1997 when the precinct moved to the current facility. Mayor Holland asked if this would cost the City any money, and Judge Woltz stated it should not, is at a different time than the City's municipal court. City Manager Roger Roecker stated he thinks if Council agrees to allow the Justice of the Peace to use the City's courtroom then Galveston County should draft a usage contract for the City Attorney to review. Mr. Roecker asked Judge Woltz if there was a conflict with a City event would there be a problem with rescheduling, and Judge Woltz stated it would be no problem at all, the City would have control of the facility. `*Mayor Holland asked for an informal vote to have Galveston County draft an agreement with the City for usage of the City's Municipal Courtroom. The informal vote was approved 6-0 with Councilmember Enochs absent. 09/10/12 3993 Councilmember Rockey stated the facility that Judge Woltz will use as his office the Historical Society used as a spook house last year. Judge Woltz stated it has been used for a lot of things including school many years ago. Councilmember Rockey stated it was used for home economics classes in the 1930's. Mayor Holland opened discussion regarding an update from the Parks Subcommittee. Assistant City Manager Morad Kabiri presented a PowerPoint presentation regarding the Parkland Dedication Ordinance, Imperial Estates Section One, update to pool improvements (Scenario 1), funding and budget impacts. The Parkland Dedication Ordinance is composed of two main funds, the Community Parks fund and the Neighborhood Parks fund. The Community Park fund is comprised of one City-wide zone, and the Neighborhood Park fund is comprised of eleven zones. The Subdivision Ordinance allows for a transfer of funds from one park type to another once needs have been met. Community Park funds are City-wide, once transferred from Neighborhood Parks fund the funds can be applied City-wide based on Council's priorities. Mr. Kabiri continued the presentation stating that there had been a lot of discussion over the last month regarding the Parks and Open Space Master Plan, updated in 2010 in conjunction with a parks grant application that was not obtained, it is a 'Plan' that can be amended, the 'Plan isi comprised of seven parts, Part F mainly identifies the needs assessment and identification for the City-1 Part F of the Parks and Open Space Master Plan is not site specific in regards to Neighborhood Parks but is site specific in regards to Community Parks. Another part of the Parks and Open Space Maste Plan is Part G which is Plan Implementation and Prioritization. Part G contains a matrix and text showing priorities/suggestions by area or zone for the build-out of the overall community, 2010 update is almost verbatim of the 1993 plan, neither reflects improvements made since 1993. Per the Subdivision Ordinance, land dedications are encouraged to be five acres or greater, none of the zones have sufficient funds to purchase even one acre of land at this time. Staff recommends updating the Parks and Open Space Master Plan, future amendment to the Parks Dedication Ordinance, and for Council to give direction on use of all Parks Dedication Ordinance funds. Assistant City Manager Morad Kabiri continued the PowerPoint presentation by moving to the Imperial ' Estates Section One issues. Mr. Kabiri stated Imperial Estates Section One was discussed at length at the August Council meeting, deed restrictions were filed in 1958 along with the original plat limiting the use of the facilities to residential use, restrictions were amended in 1980, City acquired buyout lots through a Federal Emergency Management Agency (FEMA) grant in 2001, the City currently spends approximately $58,000 annually maintaining 136 buyout lots. In 2001 the deeds conveying the buyout lots to the City had a stipulation placed by the federal government that stated the properties must be used for recreational use, open space, or wetlands management. Councilmember Hill asked if the FEMA grant was a 100 percent grant, and Mr:Kabiri stated no it was an 80/20 grant. Councilmember Brown stated the county contributed as well. Assistant City Manager Morad Kabiri continued stating regardless of the 2001 federal stipulation the deed restrictions still exist, the City is the majority lot owner in Section One, can amend the deed restrictions. Staff/Subcommittee has developed preliminary schematic drawings for the buyout lots. Plan moving forward is to meet with Imperial Estates homeowners to solicit their input. Mr. Kabiri stated there is an agenda item later in the meeting to direct the City Attorney to draft an instrument amending the deed restrictions, Staff is recommending limiting the amendment to all the lots but the four privately held lots. Mayor Holland asked if Staff is looking for direction from Council, and Mr. Kabiri stated Council can take formal action later in the agenda. Mayor Holland asked if there are 139 buyout lots, and Mr. Kabiri stated that there are 136, and they are not all in Section One but are all buyout properties. 09/10/12 3994 Assistant City Manager Morad Kabiri continued the PowerPoint presentation with Pool Improvements (Scenario No. 1) by stating that since the August Council meeting the subcommittee determined a splash pad would be more beneficial than re-plastering the pool and an inflatable water slide. With respect to the funding and budget impacts at the August meeting for Scenario No. 1, are $140,000 from the Parks Dedication Ordinance and $110,000 from Fund Balance, available park funds remaining is $178,000 in the Park Dedication Ordinance and $20,000 in the 1776 Trust. Mr. Kabiri finished his presentation by giving the Fund Balance history. Councilmember Rockey asked if the money for Mud Gulley had been taken out of the budget, and Mr. Kabiri stated yes. Councilmember Scott stated it is important to understand regarding the Park Dedication funds that the zone funds for parks go away if the funds are not used within a certain time period, cannot be utilized because of the small amount, should consolidate and use for community purposes. Assistant City Manager Morad Kabiri explained that the developer would have to request a refund of the funds if the funds had not been used in a certain amount of time. The City's neighborhood facilities are met through neighborhood Homeowner's Associations and the school district properties. The City does not have City owned neighborhood parks, it has community facilities that are City owned, applying the Neighborhood Park Funds to properties that are owned by other entities would require agreements with those other entities that are currently not in place. Councilmember McGinnis asked who was supposed to be the governing body for the Neighborhood Park Funds, and Mr. Kabiri stated Council is supposed to be. Councilmember Brown asked when Staff determined all neighborhood parks needs had been met, and Assistant City Manager Morad Kabiri stated last year when Staff met with the Parks and Recreation Board ' and the determination was reflected in communication with the City Attorney. Councilmember Brown asked when was the exact date that Staff determined all neighborhood park zone needs had been met, and Mr. Kabiri stated he did not know the exact date. Councilmember Brown stated she had a letter from September 15, 2011, from Parks and Recreation Board member Penny Burke to Council set for the September 26, 2011, Council meeting and discussed during the October 2011 Council meeting, made known to Council that there would be further workshops to amend the Parks Dedication Ordinance, never stated the needs had been met but that the needs had changed, does not know where the idea that all needs had been met came from. Councilmember Brown asked if the City is collecting fees from developers for neighborhood parks and the needs have been met would the City not be committing some type of malfeasance on the developers for collecting fees, as of May 2012 charged and assessed developers for neighborhood park zone fees, yet as of today the City is taking the position that all neighborhood park needs have been exhausted, Parks Dedication Ordinance does allow the City to collect fees and if all needs have been met then the fees are to be used for the community park zones closest to that neighborhood, not combined together. Assistant City Manager Morad Kabiri asked if he could answer Councilmember Brown's questions, and Councilmember Brown stated she did not currently have any questions, these were all rhetorical questions. Councilmember Brown stated she would advise Council that the Parks Dedication Ordinance has a criminal penalty on the ordinance, with regard to Imperial Estates there is a Hazard Mitigation Plan, and that plan always suggested the area go back to its natural state, if the Parks and Open Space Master Plan of 2010 is outdated should the City ask the grant writer for a refund, if all the City did was copy and paste from an old plan then why was a consultant paid, amounts for zones have changed since the August Council meeting, Parks Dedication Ordinance is nondescript regarding who the owner is regarding disputes, does not know why the City has to be creative with the funds, there are needs in the zones that can be met, concerned with getting creative, it has caused problems in the past, taking a risk that no one challenges, does not want to give neighborhoods legal arguments. i 09/10/12 3995 She stated the Hazard Mitigation Program is a voluntary program and nowhere at any time were homeowners told deed restrictions would be unilaterally changed. If there is going to be deed restriction changes to Imperial Estates Section One it needs to be 100 percent voluntary with all owners voting for changes. Imperial Estates Section One only has four homeowners, concerned with the process and procedures being used. Councilmember Brown stated she supports all the things Parks Subcommittee wants to get done, but concerned about rushing through the process. Assistant City Manager Morad Kabiri stated the Parkland Dedication Ordinance is still on the books, as! long as that ordinance is in place it has to be applied per consultation with the City Attorney, with respect' to the use of the funds in different zones there is not separate accounts for each of the funds, mistakes; are made when developers are submitting payments by inaccurately depicting what zone it is, when Staff, identifies the mistakes adjustments are made as necessary, funds can be utilized or they can be left alone, once funds are moved from a neighborhood park facility to a community park facility they can be' utilized City-wide based on Council's priority. Mr. Kabiri asked if the City Attorney agreed with the assessment. City Attorney Arnold Polanco stated he thought that the assessment pretty fairly summarized in thel communication from August. i Councilmember Brown asked the City Attorney if he agreed on a factual basis that all needs of all neighborhood park zones have been met under the definition and terms and conditions of the Park Dedication Ordinance, and in considering the Parks Plan and the Hazard Mitigation Plan. The City Attorney answered he was not asked to conduct a fact determination or any due diligence to that level, was asked to respond to the presentation on the analysis performed by Staff, who by his understanding did the factual analysis. ' Councilmember Brown asked if the City Attorney's opinion is based on the factual analysis of the City Staff, and that the City Attorney has not reviewed that to make any opinion or concurrence with that factual determination. The City Attorney answered that he trusts that Staff is not misrepresenting the facts. Assistant City Manager Morad Kabiri stated at this time Council can utilize funds to purchase property o� utilize funds on existing City owned neighborhood parks, outside of that funds if applied to community parks facility is based on Council's priorities not in a specific zone. Mayor Holland asked if Council chooses to move forward and later finds someone is owed money can that issue be addressed then, and Mr. Kabiri stated yes it can and there is only a one year window in which the developer can request the funds be refunded, which is between years seven and eight of when they made the dedication. Mayor Holland stated that solves both issues, moving forward with the Park Dedication Ordinance money and the viability that a developer might ask for a refund, as long as some money is left in the reserve above the General Fund. Councilmember Brown stated what Council is dealing with is a fundamental core issue and there has been misrepresentations of the facts and revision made over the past month, there is a duty under the Parks Dedication Ordinance to know what monies were applied to each zone, this has changed twice, once at the August meeting learning that there was a nonexistent zone being designated funds and this meeting where there has been multiple other changes, there is a duty under the Parks Dedication Ordinance to prepare correctly and have the zones correctly allocated, have specific representations that there is to be cash payments for the neighborhood park located within the same neighborhood park area as the development or for acquisition or improvement of community park located within the same community park area. 09/10/12 3996 There have been multiple developers preparing and providing funds to the City for neighborhood park funds since September 2011 when Council was told all needs have been met, basically have been conducting as if the neighborhood park zones have not been met. Councilmember Brown continued that the needs have not been met or the City would be assessing fees for the community parks, and would have advised developers that all the neighborhood park needs have been fulfilled. Issue is that the City asked for funds for neighborhood parks but did not believe there was any need for neighborhood parks, had developers pay$47,000 for neighborhood parks, does not understand why things need to be done in a new creative way, follow the rules that are set, was suggested by Parks and Recreation Board to make changes to the Parks Dedication Ordinance, suggestion never came from Staff to make changes. Mayor Holland stated Staff had suggested tonight. Councilmember Brown stated have heard suggestion tonight, changes to Park Dedication Ordinance should be first, do the work on changes needed before determining how to spend the money, get this done the right way doing it one bite at a time. Mayor Holland asked what Councilmember Brown suggested for completing the parks task. Councilmember Brown stated she would like to see an amended Parks Dedication Ordinance be brought to the Parks and Recreation Board along with the Planning and Zoning Commission for review and consideration as well as the Community and Economic Development Committee, then let Council review and have a Town Hall meeting to discuss. Currently changes have to be suggested by the Parks and Recreation Board and Council decides to adopt or not adopt the suggested changes. Mayor Holland asked if currently Council was doing the changes. Councilmember Brown stated Council adopted the Parks Dedication Ordinance version in 2010, the Parks and Recreation Board believed in 2011 that changes were necessary and changes were brought to Council, it was the understanding with Council that future workshops would be planned, this is the first time since October of 2011 that the changes have come up. Council needs to start moving the process forward, problem in the past is issues came up and were side tabled, no mechanism to bring them back ' to Council, there is a heavy reliance on Staff to calendar issues to bring back to Council. Councilmember Brown stated she thinks at this point Council should start calendaring in things or at least on the parks issues. Councilmember Rockey stated at the August meeting Council approved funds out of the Parks Dedication Ordinance (PDO) and the General Fund to proceed with Scenario 1, the dollars out of the PDO are clearly in designated zones, remaining balance in the PDO have not been allocated for a project, maybe allocated for Lake Friendswood which is in a zone that has designated money, does not see where there are any problems, all actions so far has been consistent with PDO. Councilmember Scott stated he agrees with Councilmember Rockey, $140,000 was out of the Community Parks Fund, was not out of the Neighborhood Park Fund, talking about funds that have been in the PDO for years, even if all funds were combined the City could not build a one acre park if land needed to be acquired. Councilmember Scott stated in his opinion the City cannot do anything to any neighborhood parks in any zones with the money that is currently left in each zones fund, if combined together funds could be utilized to make improvements to existing City owned parks, money has been in the funds for year after year, need to consolidate to meet the needs of the community by beautifying and improving current park space. Mayor Holland asked if it was within Council's purview to do that, and City Attorney Arnold Polanco answered yes. 09/10/12 3997 Councilmember McGinnis asked to clarify that the monies would go away if not used, and Councilmember Scott stated when money is left in the fund balance after 7 years the developer can ask for the money ' back, and Assistant City Manager Morad Kabiri stated that has not happened. Councilmember Scott stated the money will not increase and the price of land will not decrease, Staff feels the needs laid out in the plan have been met, what is left is an insufficient amount of funds to try to accomplish what was planned, could accumulate all of the funds along with reserve funds and there still would not be enough money, the thought of the Parks Ad-Hoc committee was that these funds will never be enough, and was; trying to develop park space with as little money as possible by using money that cannot be used in any other way for the designated zones. Councilmember McGinnis asked is there a rush, can Council go through the Parks and Recreation Board' and have them review the Parks Dedication Ordinance (PDO). Councilmember Scott stated that is what the workshop is about, and to see if Council wants to move forward. Assistant City Manager Morad Kabiri stated there is no rush, can update the Master Plan and PDOI changes cannot apply retroactively, changes would affect funds collected after any changes are approved. Councilmember Scott stated after 3 years on the Parks and Recreation Board and 2 years as Council liaison knows the Parks and Recreation Board is tired of not rushing, routinely presenting to Council in the form of a Parks Master Plan and nothing being done, the Parks Ad-Hoc committee has put together a plan to get the ball rolling, well below the minimum standard, not talking about spending millions of new dollars, asking to use funds already have to develop land the City already owns. ' Mayor Holland stated even after amendments are made to the Parks Dedication Ordinance (PDO) cannot use retroactively, agrees need to get PDO straight. Councilmember Brown offered to get a calendar together and work with Staff, be prepared to refund the money if a developer requests, and move forward. Councilmember Hill stated he agrees with Councilmember Rockey, and asked if the bridge at Stevenson Park, the pool, and Imperial Estates were in zones with funds to do those projects, and the Assistant City Manager stated no, the only fund that has$60,000 is Zone 7 near Windsor Estates. Councilmember Scott stated to Councilmember Hill that Council can unequivocally use the funds fo those tasks, that ball is rolling, motion is taking place. Councilmember Brown stated Councilmember Hill raises a valid point, if any of the proposed work to be done is in a designated zone that has funds available those funds should be applied to that work. Assistant City Manager Morad Kabiri stated the zone for Stevenson Park and Old City Park do not have a lot of money, the zones that have the largest amount of money are zones 6, 7, and 8, and the largest one is$60,000. Councilmember Brown asked if some of the proposed work was included in other zones, and Mr. Kabiri stated not in Scenario No. 1, but in other scenarios yes. Councilmember Scott stated Scenario No. 1 is off the table and approved, talking now about utilizing Park Dedication Ordinance funds that are Neighborhood Park Funds, the only scenario the subcommittee is wanting to discuss is Scenario No. 3 which is Lake Friendswood. ' Assistant City Manager Morad Kabiri stated Zone 1 would cover Imperial Estates, Stevenson Park is Zone 4 and has no funds, the pool is in Zone 5 and has no funds, and Centennial Park is in Zone 9 and has no funds. 09/10/12 3998 Councilmember Brown asked if Leavesely Park and Old City Park were in Zone 5, and Mr. Kabid stated Old City Park is in Zone 4 and Leavesely Park is in Zone 5. ' Councilmember Rockey suggested to move on since there would be action items later regarding the Park Dedication Ordinance. Councilmember Scott stated that is the purpose of the workshop is to hammer it out. Mayor Holland stated Council would move on to Agenda Item 6, Executive Session. CLOSED EXECUTIVE SESSION Mayor Holland asked if there were any comments regarding the Executive Session topics. Councilmember Brown raised a Point of Order and stated Charter and designation on the agenda does not provide sufficient notice as to what Council will be going into Executive Session to discuss. Mayor Holland read Agenda Item 6B Closed Executive Session — Council may convene into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.072: Deliberation with the Delinquent Tax Attorney regarding the possible purchase, exchange, lease or value of Real Property and Section 551.087: Deliberation regarding Economic Development Negotiations. Councilmember Brown stated Council does not know the purpose, if a particular property is being considered, real property exception is only if it will affect negotiations, Council does not know what will be discussed so Council does not know if it will affect negotiations. Mayor Holland denied Councilmember Brown's Point of Order. ' Councilmember Brown stated she would like to appeal to the rest of Council. City Attorney Arnold Polanco explained procedurally, the appeal has been made by Councilmember Brown to Mayor Holland's decision on the Point of Order, and it is now put to a vote of the members of Council as to whether or not the Mayor's decision should be overruled or withheld. *'Mayor Holland asked for a vote to uphold his denial decision regarding Councilmember Brown's Point of Order. The Mayor's decision was upheld with a vote of 5-1 with Councilmember Brown opposed and Councilmember Enochs absent. Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.072: Deliberation with the Delinquent Tax Attorney regarding the possible purchase, exchange, lease or value of Real Property and Section 561.087: Deliberation regarding Economic Development Negotiations Councilmember Enoch's arrived during the Executive Session and attended. Council reconvened into Open Session with no action taken later in the meeting. RECONVENE INTO OPEN SESSION Council moved to Agenda Item 7, Special Recognition and Acknowledgements. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS Mayor Holland read a proclamation naming September 11, 2012, "Patriots Day" in the City of Friendswood. 09/10/12 3999 Councilmember McGinnis thanked Mayor Holland for reading the proclamation and asked if the City was flying the flags at half-staff on September 11, 2012, and City Manager Roger Roecker stated yes. PUBLIC HEARING Mayor Holland called a Public Hearing to order and to receive comments from the public, both oral andl written, regarding the proposed Fiscal Year 2012-2013 General Operating Budget for the City of. Friendswood. j Mayor Holland asked if anyone would like to speak in favor of or in opposition regarding the proposed Fiscal Year 2012-2013 General Operating Budget. No one spoke. i Mayor and Council closed the Public Hearing and moved to Agenda Item 8, Communications from the Public. COMMUNICATIONS FROM THE PUBLIC David Allen, Friendswood resident, addressed Council and stated he had a handout that is a combination of comments on the International Property Maintenance Code (IPMC), discussed problems with the code and particulars, has a criminal offense in the code for smaller rooms, is an international code under Agenda 21 type rules, thanked Council for shooting it down, since it can come back to Council he will be back to speak. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS ' Delinquent Tax Attorney Mike Darlow gave the annual collection report and stated the City of Friendswood does not have a delinquent tax collection problem. As to date there is$379,00b in taxes due for all tax years thru 2011 with 45 percent of that owed for 2011 taxes, will have to file a few lawsuitsr rarely have to put property up for tax sale in Friendswood, website address for property up for tax sale is www.pbfcm.com, works well with Municipal Court Administrator Karen Renfrow, thanked Council. Councilmember Brown asked to confirm that the property subject to tax liability near Moore Road had been foreclosed upon, and,Mr. Marlow stated yes the foreclosure sale occurred last Tuesday, IienholdeC is now owner, suit pending and plan is to move forward with the lawsuit unless the new lienholder agrees to pay the taxes. Galveston County Economic Alliance President Don Gartman gave the annual report from Galveston County Economic Alliance (GCEA). Mr. Gartman stated he is the President/CEO of GCEA, the alliance is funded by county, cities, business, industry and members, operates small business development center in conjunction with the University of Houston, closely tied to the petrochemical industry, outlet mall is opening soon, Buc-ee's will be opening near that location in the near future, detailed Director Carol Cobb's experience and mentioned other Staff members, most qualified Staff since he has been with GCEA, developed a veteran's program to start businesses, success ratio is great because of training experience, makes them good candidates, there is no charge for counseling services, no charge to veterans due to a Kellogg Brown & Root grant, GCEA works closely with University of Texas Medical Branch (UTMB),will continue working with developers and petrochemical areas to preserve and add new development, enjoys working with Economic Development here in Friendswood and is one of the best ih Galveston County. Councilmember McGinnis asked out of the 27 companies assisted in 2011 how many were from Friendswood, and Mr. Gartman stated 13. ' Councilmember Brown asked if there were any studies done about the Tanger Outlet Mall and how it would impact outlying areas, and Mr. Gartman stated he has been told by a research group that 5 million people a year will go to the outlet center, so believes it should impact the outlying areas. I 09/10/12 4000 CITY MANAGER'S REPORT City Manager Roger Roecker reported that the 29t' Annual National Night Out, a unique crime/drug prevention event sponsored by the National Association of Town Watch, has been scheduled for Tuesday, October 2, 2012. Last year's National Night Out campaign involved citizens, law enforcement agencies, civic groups, businesses, neighborhood organizations and local officials from over 15,000 communities from all 50 states, U.S. territories, Canadian cities and military bases worldwide. In all, over 37 million people participated in National Night Out 2011. The City hopes that all neighborhoods will join in this community gathering event. Friendswood Police Department offers their services for those interested in having an officer stop by and talk. Please contact Officer Kevin Crouch via email with questions or to schedule an officer to stop by. The City Manager reported that the National Weather Service (NWS) StormReady program is a nation- wide recognition which assists communities in enhancing their communication and safety skills to protect lives and property prior to and during an emergency event. The primary focus of the program is to ensure that the City has sufficient warning systems and communications equipment capacity for providing emergency warnings to the public. The City of Friendswood received StormReady recognition in a renewal process on August 8, 2012, from the NWS. The City of Friendswood initially received StormReady recognition September 22, 2003 (as the first community in the Houston/Galveston region) with renewals received in 2006 and 2009. The StormReady recognition is one facet of the City's emergency preparedness program in creating a proactive approach to public safety through planning, education and awareness training. Jurisdictions that have received the StormReady recognition also receive additional Community Rating System (CRS) credits as assigned by the National Flood Insurance Program (NFIP) through the Federal Emergency Management Agency (FEMA). The CRS rating directly affects flood insurance premiums for all residential and commercial properties in Friendswood. The City Manager reported that the Friendswood Fire Marshal's Office and Office of Emergency ' Management participated in the 2012 Harris County Hurricane "Alexis" exercise August 8-9. Other exercise participants included Harris County Office of Homeland Security and Emergency Management (HCOHSEM) and several communities in Harris County. The primary focus of this exercise was Point of Distribution (POD). PODs are established in communities following an emergency or disaster as a means to provide food, water and ice. This exercise was designed for communities to exercise their emergency plans and procedures responding to a major hurricane. In the exercise, Hurricane "Alexis" made landfall on the northeast side of Galveston Island as a Category 3 with wind gusts of 125 miles per hour (mph). Category 3 hurricanes have sustained winds ranging from 111 mph to 129 mph. Voluntary evacuation orders were issued, and 11 inches of rainfall caused major flooding in locations throughout the region. The exercise began with the following scenario, Generator at the Houston TranStar facility was struck by lightning, HCOHSEM implemented their Continuity of Operations Plan (COOP) and relocated operations to the Reliant Center in Houston, Exercise injects/scenarios were received by the City of Friendswood outlining the following conditions: 80 percent of the city was without power, 60 percent of the trees were down, 50 percent of the residential homes were damaged, 40 percent of businesses were damaged, Severe flooding cut off the east side of the City (Harris County portion) from the west side of the City (Galveston County portion)with no access, City of Friendswood established a POD at Centennial Park as a result of the power outages and commercial infrastructure damages. The City of Friendswood tested communication capabilities with HCOHSEM by submitting requests to establish a POD, requests for supplies for the POD, situational reports and a Disaster Summary Outline (DSO). HCOHSEM supplied the City of Friendswood with food, water and ice. The City of Friendswood also simulated activating the City's pre-event contract with Garner Environmental Services to provide equipment and manpower to operate the POD. Response and recovery costs for damages, based upon the above Category 3 hurricane scenario, are estimated to exceed $25 Million in Friendswood. Council may recall, Hurricane Ike costs for response and recovery were almost $10 Million for a low Category 1 hurricane. 09/10/12 4001 ACTION ITEMS "Councilmember Hill moved to approve a contract with Galveston County Health District for Waterl Pollution Control and Abatement for 2012-2013. Seconded by Councilmember McGinnis. The motion was approved unanimously. "Mayor Holland moved to approve the appointment of J.J. Stanford to the West Ranch Management District Board with a term to expire June 2013. Seconded by Councilmember Brown. The motion was approved unanimously. "Councilmember Enochs moved to approve the appointment of Sara Eakin to the Keep Friendswood] Beautiful Committee with a term to expire November 2013. Seconded by Mayor Holland. The motion was approved unanimously. "Councilmember Hill moved to approve disposition of RFP No. 2012-04 for Public Notification Services; and award to Firstcall Network, Inc. Seconded by Mayor Holland. The motion was approved unanimously. "Councilmember Scott moved to approve the use of Parkland Dedication Funds for the further, development of the Parks Master Plan. Seconded by Councilmember Enochs. The motion was approved 5-2 with Councilmembers Brown and McGinnis opposed. Mayor, Council, and Staff held a lengthy discussion regarding the use of Parkland Dedication funds,) enforcement of the Parks Dedication Ordinance, and the need to update the Parks Dedication Ordinance and the Parks Master Plan. ' Councilmember Rockey called the question. The vote to call the question was approved 6-1 with Councilmember Brown opposed. "Councilmember Rockey moved to approve improvements at Lake Friendswood. Seconded by Councilmember Scott. "Councilmember Rockey amended the main motion for Council to earmark $380,000 out of the above 90 day reserves and the remaining Park Dedication Ordinance balance for development of Lake Friendswood only, but no money be spent until the subcommittee brings back at a later meeting a detailed plan that includes feedback from the neighbors. Seconded by Councilmember Scott. The amended motion was approved 5-2 with Mayor Holland and Councilmember Hill opposed. Mayor, Council, and Staff held a lengthy discussion regarding the improvements at Lake Friendswood, funding, the possibility of fencing, a gate, and lighting, citizens input is needed before proceeding with improvements, possible bond election. "Councilmember Hill moved to approve fencing Lake Friendswood. Seconded by Councilmember McGinnis. The motion failed unanimously. 'Councilmember Brown amended the main motion to provide for Staff to return to Council with a work scope and proposal for approval to fence the perimeter of the Rancho Viejo property and add a gate at Sierra Madre and Viejo Drive. Seconded by Mayor Holland. The amended motion was approved unanimously. ' Mayor, Council, and Staff held a lengthy discussion regarding fencing Lake Friendswood, security issues at the lake, estimates for fencing and funding. 09/10/12 4002 **Councilmember McGinnis moved to approve amendments to Imperial Estates Section One deed restrictions. Seconded by Councilmember Rockey. ***Councilmember McGinnis amended the main motion for Staff to take into consideration the Hazardous Mitigation Plan and input from residents then come back to Council with an amended suggestion for amending Imperial Estates Section One deed restrictions. Seconded by Councilmember Rockey. The amended motion was approved unanimously. Mayor, Council, and Staff held a lengthy discussion regarding amendments to Imperial Estates Section One deed restrictions, neighbors need to be heard regarding the suggested uses of the park, Hazard Mitigation Plan needs to be considered. **Councilmember Hill moved to approve the creation of a City of Friendswood Employee Benefit Trust. Seconded by Councilmember Enochs. The motion was approved unanimously. Mayor, Council, and Staff had a lengthy discussion regarding the verbiage used in the trust declaration, intent of the Employee Benefit Trust, and the benefits of the City forming the trust including a significant cost savings. Mayor Holland recessed the City Council meeting at 9:55 PM to convene into a meeting of the City of Friendswood Employee Benefit Trust. CITY OF FRIENDSWOOD EMPLOYEE BENEFIT TRUST A meeting of the City of Friendswood Employee Benefit Trust was called to order per the posted agenda at 9:55 PM. , **Councilmember Hill moved to approve all items on the Consent Agenda as presented: A. Consider action to establish operations of the Employee Benefit Trust and approve the Declaration of Trust. B. Consider action adopting the City of Friendswood Investment Policy as the policy fb-r investments for the City of Friendswood Employee Benefits Trust. C. Consider action designating the depository for the City of Friendswood Employee Benefits Trust as the same depository utilized by the City of Friendswood. D. Consider action designating duel signatories (City Manager& Director of Administrative Services) for the City of Friendswood Employee Benefit Trust. E. Consider action designating and authorizing the annual auditors for the City of Friendswood to conduct an audit for the City of Friendswood Employee Benefits Trust at such time that the audit of for the City of Friendswood is conducted. F. Consider action to authorize the Director of Administrative Services to establish a separate bank account for the City of Friendswood Employee Benefits Trust to pay premium from as presented by the insurance carriers that have been awarded contracts by the City of Friendswood Employee Benefits Trust. G. Consider action accepting the renewal offer from Blue Cross Blue Shield for Employee Medical and Pharmacy Insurance. H. Consider action accepting the renewal offer from Guardian for Employee Dental Insurance. I. Consider action to accept the renewal offer from Guardian for Employee Life/AD&D Insurance. J. Consider action to accept the renewal offer from VSP for Employee Vision Insurance. K. Consider action to accept the renewal offer from Lincoln Financial for Employee Long Term Disability(LTD) Insurance. Seconded by Councilmember Enochs. The motion was approved unanimously. Mayor Holland adjourned the City of Friendswood Employee Benefit Trust meeting, and reconvened the City Council meeting at 9:57 PM. RECONVENE INTO REGULAR SESSION **Councilmember Enochs moved to approve the monthly transfer of funds from the City of Friendswood ' to the City of Friendswood Employee Benefit Trust. Seconded by Councilmember Scott. The motion was approved unanimously. 09/10/12 4003 ORDINANCES **Councilmember Rockey moved to approve the Second and Final reading of Ordinance No. 2012-17 - An ordinance amending Section 6-6 of the Code of Ordinances of the City of Friendswood, Texas, to provide for consistency between City regulations and state law pertaining to distance restrictions for the location of alcoholic beverage sales; and providing for severability. Seconded by Councilmember Brown. The motion was approved unanimously. I Councilmember Rockey left Council Chambers at 9:69 PM. **Councilmember McGinnis moved to approve the First and Final reading of Ordinance No. 2012-22-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 XI" to the "Original 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 Hill. The motion was approved 6-0 with Councilmember Rockey absent from Council Chambers. **Councilmember Hill moved to approve the First reading of Ordinance No. T2012-23 - An ordinance) amending Chapter 86 of the Code of Ordinances of the City of Friendswood, Texas, to provide for the. adoption of regulations requiring connection to the City's public water supply system; and providing for severability. Seconded by Councilmember Scott. ' ***Councilmember Hill amended the main motion to grandfather in all existing well owners. Seconded by Councilmember Scott. The amended motion was approved unanimously. Councilmember Rockey.returned to Council Chambers at 10:01 PM. Councilmember Hill briefly left Council Chambers at this time. Mayor, Council, and Staff held a brief discussion regarding Council not allowing disconnections from the City's public water system, grandfather status on existing wells, and subsidence issues. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Brown thanked the Purple Box Theater for letting her participate in a recent play, also thanked the people that came out to support Keep Friendswood Beautiful (KFB) on August 4rh, submitted a donation earlier in the meeting to the City Secretary. Councilmember Scott thanked Staff for all the help with Parks Ad-Hoc committee to come up with the park recommendations, difficult task to lead to get things out in front and moving because there is always resistance by some. Councilmember McGinnis stated he attended his second Community and Economic Development Committee (CEDC) meeting as Council liaison, are looking forward to meeting with Council in November, Broker/Developer Day is coming up October 111h, earlier in the year he participated in Texas Municipal League (TML) Legislative Policy Committee on Taxes and Revenue, all of the TML subcommittees came together in August for TML's Legislative Policy Committee on General Government. Councilmember Hill thanked the Parks subcommittee for all the work they did, was not beating up on them, appreciates the work they did, attended an award ceremony for the football team that won the 1973 State Championship, every team member had the utmost respect for their coaches. Councilmember Hill thanked those who work with young guys for all that they do by instilling respect and discipline in the kids. I 09/10/12 4004 Councilmember Enochs stated that even though it is August gearing up for the 4" of July celebration has already started, volunteers are needed, new blood and energy are needed on the team. Councilmember Rockey stated he went and saw Councilmember Brown perform in the play and she was outstanding, played a desperate woman wanting to get married. The Historical Society project to raise money has met and exceeded their goal, signs are in process of being made, seven signs with photos will be placed on sites where there was an original Quaker building. Mayor Holland thanked everyone for their participation in the meeting, thanked the Parks Ad-Hoc Committee, looks forward to everyone working together in the future. CONSENT AGENDA **Councilmember Rockey moved to approve all items on the Consent Agenda as presented: A. Authorizing a contract with Texas Department of Public Safety for Failure to Appear program in Municipal Court. B. Approving a contract for $5,000 with Galveston County Economic Alliance for regional economic development services and authorizing the Mayor to execute. C. Approving a new license agreement for a buyout property located at 509 Clearview and authorizing the Mayor to execute the agreement. D. Approving a banner permit application for Friendswood Independent School District for October 22-29, 2012, for Cline Elementary's"Clinefest this Saturday". Seconded by Councilmember McGinnis. The motion was approved 6-1 with Councilmember Brown opposed. The meeting was adjourned at 10:19 PM. Mayor Kevin oll nd Attest: FRIEry�s Melinda Welsh, TRMC City Secretary �* l co OF .