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HomeMy WebLinkAboutCC Minutes 2015-05-18 Regular 05/18/15 4424 STATE OF TEXAS )( ' CITY OF FRIENDSWOOD COUNTIES OF GALVESTON/HARRIS )( MAY 18, 2015 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, MAY 18, 2015, AT 6:30 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 COUNCILMEMBER STEVE ROCKEY COUNCILMEMBER BILLY ENOCHS COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER JOHN SCOTT COUNCILMEMBER CARLGUSTAFSON CITYATTORNEY ARNOLD POLANCO CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH i REGULAR SESSION Mayor Holland called the meeting to order. The invocation was given by Pastor Mike Cervantes with New Hope Church. ' Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Mayor Holland asked if anyone would like to speak. No one spoke. COMMENTS FROM CANDIDATES AND INCOMING COUNCILMEMBERS Candidate Steve Rockey stated he is blessed to be able to raise his right hand again for a second term proud to have run an election where he did not say anything negative in public about his opponents oy respond to anything negative said about him, and proud of the support he received from voters. All of Council choose to try and do a job that receives no pay and often makes them the subject of criticism some just and some not. They do it because deep down they have great affection for this city and want to make it a better place. There will always be tension between those who want to improve the City by starting at a point of pride in the City's accomplishments and building, and those who start at a point of only seeing negatives and tearing down. He stated he has had the fortune of serving on many company and organization's boards and committees, believes the current City Council is one of the most effective boards he has been associated with, not because they all agree but because they almost never agree) have witnessed great discussions, debate is always gracious and Councilmembers never take it personal! thanked all of his supporters, and thanked his friend Susan Steinberg. Candidate Jim Hill thanked those that supported him, has served on Council for nine years, in the beginning if someone would have told him he would serve nine years he would not have believed theme, over the past nine years the Councils have done a lot of great things for the City, current Council is great, thanked his favorite supporter which is his wife Debbie, also thanked family and friends, and looks ' forward to serving another three years. Candidate Kevin Holland thanked the residents for the opportunity to be Mayor for another term, has been an education, is soul searching throughout Council's discussions, thanked his biggest supporter 05/18/15 4425 which is his wife Marianne, Council and Staff provide tools to make the right decisions, truly believes that each Councilmember has their heart in it for best of the City of Friendswood, and is an honor to serve ' Friendswood as Mayor. ACTION ITEM **Mayor Holland moved to suspend the Rules of Procedure to move to Agenda Item 8B, Resolution R2015-13. Seconded by Councilmember Hill. The motion was approved unanimously. RESOLUTION **Councilmember Enochs moved to approve Resolution R2015-13 — A resolution of the City Council of the City of Friendswood, Texas, canvassing the returns of the May 09, 2015, City of Friendswood General Election for the position of Mayor and Council Positions No. 1 and No. 3. Seconded by Councilmember McGinnis. The motion was approved unanimously. MAYOR KevinHolland......................................................................................................... 845 votes COUNCILMEMBER—POSITION 1 SteveRockey......................................................................................................... 666 votes MichaelWood......................................................................................................... 327 votes PhilipCaltabiano...................................................................................................... 132 votes COUNCILMEMBER—POSITION 3 JimHill................................................................................................................... 841 votes PRESENTATION OF CERTIFICATES OF ELECTION ' Mayor Holland presented the Certificates of Election to Jim Hill and Steve Rockey. Mayor Pro Tern Hill presented a Certificate of Election to Kevin Holland. With concurrence of Council, Mayor Holland moved to Agenda Item 8A, Resolution R2015-09. RESOLUTION (continued) **Councilmember Hill moved to approve Resolution R2015-09, and City Attorney Arnold Polanco interrupted and stated the motion needed to be a special motion with specific wording. Mayor Holland stated a special motion was needed and read the motion to move that the City of Friendswood authorize the use of power of eminent domain to acquire a portion of 6.36 acres of land located along Whispering Pines Drive described as Lot 5, Block 11, Friendswood Subdivision, Galveston County, Texas, for the Whispering Pines Avenue/Friendswood Link Road Project. **Councilmember Hill moved to approve the motion as read by Mayor Holland. Seconded by Councilmember McGinnis. The motion was approved 6-1 with Councilmember Rockey opposed. Assistant City Manager Morad Kabiri explained the item was tabled at the May 04, 2015, Council meeting. A section of the bridge at Whispering Pines Avenue at Clear Creek that was built in 1987 by the Texas Department of Transportation on 712 square feet of property that was not owned by the State or ' the City. Staff discovered the issue during the design efforts for the Whispering Pines Avenue/Friendswood Link Road expansion project, began negotiations with the property owner at 302 Whispering Pines to acquire the right-of-way in exchange for enhancements on the property, 05/18/15 4426 approximately five months ago the property owner indicated they were no longer interested in an even' ' exchange, prefers the City to purchase the right-of-way. Staff acquired an appraisal of the property, appraisal indicated the property value was $3.89 a square foot, and property owner would like $15 a square foot. A value analysis report was explained, Galveston Central Appraisal District's (GCAD) value for the land only was $1 a square foot, GCAD's value with land and improvement was $3.76 a square foot, 302 Whispering Pines is zoned as residential, City needs to acquire the right-of-way to complete current construction and for future expansion of the roadway. Mr. Kabiri showed a picture of the existing right-of-way that was dedicated to the City at no cost and the area the City is seeking to acquire, and estimated to spend $38,000 based on appraised value. Discussion took place between Mayor, Council, and Staff regarding eminent domain, proper use is for cities to acquire property needed for waterways, roadways, etc., property will go before three commissioners to reach a fair settlement, City of Friendswood has only used eminent domain one other; time to fix a flooding issue. Clarification was made that the 712 square feet would square the slope of the bridge, but Staffs recommendation is to acquire the right-of-way for future expansion as well since; eminent domain was going to be needed. 'Councilmember Rockey moved to vote on the bridge piece and not the right-of-way. Seconded by Councilmember Scott. The motion failed 1-6 with Mayor Holland and Councilmembers Hill,; Enochs, McGinnis, Scott, and Gustafson opposed. With concurrence of Council, Mayor Holland moved to Agenda Item 10, Oaths of Office. OATHS OF OFFICE The Honorable Judge Jim Woltz administered the Oath of Office to Kevin Holland for Mayor. ' The Honorable Judge Jim Woltz administered the Oath of Office to Jim Hill for City Council Position No. 3. The Honorable Judge Jim Woltz administered the Oath of Office to Steve Rockey for City Council Position No. 1. With concurrence of Council, Mayor Holland moved to Agenda Item 6, Closed Executive Session. CLOSED EXECUTIVE SESSION Mayor Holland asked if anyone would like to speak regarding the Executive Session. No one spoke. Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.071 —Consultation with Attorney regarding pending or contemplated litigation. (Wight Realty Interests, Ltd., vs. City of Friendswood) RECONVENE INTO OPEN SESSION Council reconvened into open session with action taken later in the meeting. ACTION ITEM (continued) "Mayor Holland moved to settle the lawsuit between the City of Friendswood and Wight Realty Interests, Ltd., for$500,000. Seconded by Councilmember Rockey. The motion was approved 4-3 with Councilmembers Enochs, McGinnis, and Scott opposed. ' Councilmember McGinnis stated he has had time to consider and his personal sentiments are with Mr. Wight, as a citizen he sympathizes and feels the City owes Mr. White, as a Councilman he feels the proposed settlement amount is too high, will be an impact to taxpayers and the budget next year, is over i 05/18/15 4427 and above, settlement is a compromise, the proposed amount is more of a giving up, and will not support the motion. ' Councilmember Rockey stated he believes ongoing legal costs the City could incur would outweigh cast of the settlement, Mr. Wight is always a low cost bidder and continues to do excellent work for the City, could spend a lot more on attorneys and still lose, will support the motion. Councilmember Enochs stated from an ordinance and regulator standpoint the City should never have entered into the contract, looking out for citizens best interest, City's case is solid and as long as there is opportunity to seek legal remedies they should be pursued, should protect the citizen's money, an agreement is reached by both sides giving, have nothing to show for the money spent, Mr. Wight gets to keep the land and improvements that have been done with the opportunity to sell the property in the future, cannot look 30,000 citizens in the eye and say Council has done everything they can do to look out for the citizens best interest with the proposed settlement, and will not support the motion. Councilmember Gustafson stated he agreed with those that commented that the City should not have entered into the contract in the first place, is sympathetic to Mr. Wight's position, not so sure he would not have done the same thing Mr. Wight has done, will support the proposed settlement but does so with a heavy heart, could be a much higher judgement, is part of the City of Friendswood's past and time to put it behind us and start working towards the future. Councilmember Hill stated was the hardest decision he has made on Council, definition of insanity is doing the same thing over and over and expecting different results, the same thing has been done over and over regarding the case for the past six years, has gone all the way to the Supreme Court of Texas and back to Galveston County, case could go on forever, is time for the City of Friendswood to move on, is a lot of money but is the cheapest thing to do in the long run. Mayor Holland stated he believes it is the least expensive way to settle in a timely manner, sorry that it ' cost $500,000 but have thought and prayed and discussed with Mr. Wight, is an opportunity to right a wrong, stepping forward and doing the right thing, and will support the motion. With concurrence of Council, Mayor Holland moved to Agenda Item 11, Ordinance No. 2015-16. ORDINANCE "" Councilmember Rockey moved to approve the First and Final reading of Ordinance No. 2015-16 —An ordinance amending City of Friendswood, Texas, Ordinance No. 2014-29, passed and approved October 6, 2014, same being an ordinance approving and adopting the City's General Budget for Fiscal Year 2014-2015 by approving "Budget Amendment XI" to the "Original General Budget of the City of Friendswood, Texas, for the Fiscal Year 2014-2015"; 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 4-3 with Councilmembers Enochs McGinnis, and Scott opposed. Councilmember McGinnis stated he would not vote in favor of the budget amendment, but asked the City Manager to look into areas that would need to be trimmed or cut back in the budget to accommodate the lawsuit settlement. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Councilmember Scott congratulated Mayor Holland, Councilmembers Rockey and Hill, thanked them for stepping up to provide and serve the community. Councilmember Rockey and himself are typically on opposite sides of discussions but that is what makes it enjoyable, provides a good check and balance for ' citizens, Councilmember Rockey had to endure a campaign which is not pleasurable, what he did is commendable, Councilmember Hill has served on Council for nine years, and commended Mayor Holland for keeping Council in check and focused on the City's business. 05/18/15 4428 ' Councilmember McGinnis congratulated Mayor Holland, Councilmembers Rockey and Hill on the election, Council is highly functional, agreed with Councilmember Rockey's statement regarding looking forward to the next couple of years. He stated that he will represent Council on a trip to Washington, D.C., with Bay Area Houston Economic Partnership (BAHEP) to educate Congress and their staff on the National Aeronautics and Space Administration (NASA). Councilmember Rockey stated he remembers the first time he ran for Council and Councilmember Hill told him that Councilmember Scott was pretty quiet on Council which is one thing that Councilmember Hill got wrong. Councilmember Scott and himself may disagree but always do it with respect. The Grand Opening of the Splash Pad will be May 21, 2015, and four year old Adele Gump will turn on the Splash Pad for the event, and thanked Mayor Holland for letting him attend the Friendswood High School Honors Banquet in the Mayor's absence. Councilmember Enochs stated he wanted to remind everyone about the Memorial Day Celebration on May 25, 2015, at 10:00 AM, will be an awesome display of respect for the City's veterans, come out and show your respect, everyone will have a great time. Councilmember Hill stated he hopes everyone will attend the Memorial Day Celebration, nice tribute to the City's veterans who deserve all the respect that can be given to them. Mayor Holland stated he looks forward to working with Council over the next year, thanked Council for all their kind words, also thanked Council for their cross words, makes him think differently than just from his own perspective, and is an honor to serve the City of Friendswood. Councilmember Gustafson stated he had nothing to report. The meeting was adjourned at 7:34 PM. !IJ Mayor Ke in Holland Attest: Melinda Welsh, TRMC :U, 10 10 City Secretary *: OF TE�'e'•• 1