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HomeMy WebLinkAboutCC Minutes 2009-07-20 Special 07/20/2009 3176 � STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( JULY 20, 2009 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JULY 20, 2009, AT 6:00 PM AND A REGULAR MEETING AT 7:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR DAVID SMITH COUNCILMEMBER MICHAEL BARKER COUNCILMEMBER JIM HILL COUNCILMEMBER LESLIE REID COUNCILMEMBER BILL HOLBERT COUNCILMEMBER JIM BARR CITY ATTORNEY BOBBY GERVAIS INTERIM CITY MANAGER ROGER ROECKER DEPUTY CITY SECRETARY MELINDA WELSH Mayor Pro-Tem Rivera was absent from the meeting. Mayor Smith called the meeting to order. ,._, CLOSED EXECUTIVE SESSION Council convened into Executive Session in Accordance with the Texas Government Code, pursuant to Section 551.071 — Consultation with attorney concerning pending or contemplated litigation; a settlement offer; or a matter in which the duty of the attorney requires it. Council convened into Regular Session with no action taken later in the meeting. RECONVENE INTO OPEN SESSION SPECIAL SESSION A discussion was not held regarding reviewing and prioritizing the Master Pavement Plan street list. 7:00 PM—REGULAR SESSION The invocation was given by Father Skip Negley with Mary Queen Catholic Church. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS Mayor Smith presented a proclamation for the 40t'' Anniversary of the Apollo XI Lunar Landing to Brian Freedman in the Community and Government Relations Office at NASA Johnson Space Center. 07/20/2009 3177 � RECONVENE PUBLIC HEARING Mayor Smith called a Public Hearing to order, to receive comments from the public, either oral or written, regarding amending the City of Friendswood Code of Ordinances, Chapter 26, Environment, Article V. Junked Vehicles. No one spoke for or against the amendments to the City of Friendswood Code of Ordinances. Hearing no further comments Mayor Smith ciosed this Public Hearing. Mayor Smith called a Public Hearing to order, to receive comments from the public, either oral or written, regarding amending a Planned Unit Development(PUD)-Specific Use Permit(SUP) amendment request for a tract of land containing 5.00 acres, being Lot 1, Gardens at Friendswood Lakes Subdivision, situated in the George W. Patterson Survey, property located at 1423 W. Parkwood Avenue, Galveston County, TX, to amend a Planned Unit Development with a Specific Use Permit for Senior Citizen only Multi-Family residential purposes as approved by Ord. 2007-09. (Gardens at Friendswood Lakes). No one spoke for or against the PUD-SUP amendment. Hearing no further comments Mayor Smith closed this Pubiic Hearing. JOINT DOCKETED PUBLIC HEARING Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called a Joint Docketed Public Hearing to order, to receive comments from the public either oral or written, regarding amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to a�,,,,, Section 7, Permitted Use Table, regarding NAICS use No. 721 (Accommodation and adding NAICS use No. 7212 RV(Recreational Vehicle) Parks and Recreationai Camps). No one spoke for or against amending Appendix C of the Zoning Ordinance. Hearing no further comments, Planning and Zoning Commission Chairman Hoiland closed this portion of the Joint Docketed Public Hearing. Mayor and Council left this portion of the Joint Docketed Public Hearing open. Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called a Joint Docketed Public Hearing to order, to receive comments from the public either oral or written, regarding Zone Classification change request for a tract of land containing 1.79 acres out of a 10.9037 acre tract, Galveston County, Texas and Brazoria County, Texas, property located at FM 528 at Mandale Road, Galveston County, TX, to change from Single Family Residential (SFR)to Light Industrial (LI). No one spoke for or against the zone classification change. Hearing no further comments, Planning and Zoning Commission Chairman Holland closed this portion of the Joint Docketed Public Hearing. Mayor and Council left this portion of the Joint Docketed Public Hearing open. .., 07/20/2009 3178 .� Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland called a Joint Docketed Public Hearing to order, to receive comments from the public either oral or written, regarding Zone Classification change request for a tract of land situated in Lots 29, 30 and 31, Block 1, Replat of AnnAlea Section 1, Galveston County, Friendswood, Texas, property located at FM 518 at Mary Ann Drive (400 N. Friendswood Drive), Galveston County, TX, to change from Neighborhood Commercial (NC) to Planned Unit Development — Specific Use Permit for the following NAICS uses: #54 Professional, Scientific and Technical Services, #446 Health and Personal Care Stores, #448 Clothing and Clothing Accessories Stores, #45391 Pet and Pet Supplies Stores, #52 Finance and Insurance, #5322 Consumer Goods Rental, #5613 Employment Services, #5614 Business Support Services, #6211 Offices of Physicians, #6212 Offices of Dentists, #6213 Offices of other Health Practitioners, #6214 Outpatient Care Centers, #6215 Medical and Diagnostic Laboratories, #8121 Personal Care Services, #812910 Boarding and Grooming, and#8139 Business, Professional, Labor, Political and Similar Organizations. Sean Rives, designer of the proposed veterinary clinic, addressed Council and spoke in favor of the zone change, stated it is a small area to build and is the only thing that would fit, this would be a one-doctor office with four exam rooms, on FM 518 there is an entrance driveway that exists. Vera Smart, Friendswood resident, addressed Council and stated she has lived in Friendswood for 37 years, is currently active in the Homeowner's Association and spoke in opposition to the proposed zone change. She stated that she and her husband got an injunction for commercial years ago, this is not a small business and is up against the fence, objects to a business with a driveway on Mary Ann Drive, asked those who oppose to stand and many people at the meeting stood up, objects to rezoning or for any business access from Mary Ann Drive, 200 vehicles pass through on a Saturday and more during the week, this would be a heavy impact on the neighborhood, should remove part of the median on FM 518, ,...., requests answers for environmental and safety impacts such as would the City require a retention pond, will the City require another drain, does the City require credentials from constructors especially with a nearby pipeline, there are privacy concerns with second stories and many other and various questions. Mayor Smith asked Ms. Smart what her thoughts were on switching to Neighborhood Commercial (NC) as opposed to Planned Unit Development(PUD) because a PUD limits more. Vera Smart stated when it is rezoned then setbacks are released, pipelines are a concern, putting driveway over a pipeline is a concern, understands Planned Unit Development (PUD) gives a little more leeway, initially zoning was very restrictive and as time went on the zoning requirements eased. Councilmember Reid asked about pipeline easements being allowed on construction, thought they were not allowed. Interim Director of Community Development Morad Kabiri stated the contractor would have to encase the pipeline for driveway construction, 50 ft of pipeline easement is allowed. Councilmember Barr asked about Planned Unit Development(PUD) restrictions. Morad Kabiri stated PUD's are restrictive to a certain extent, review is more extensive up front with PUD request and uses are more restricted. Mayor Smith stated a future owner could add a use for the building and the owner would have to go through the process again if use is not listed with the current rezone. Councilmember Reid asked what would be the uses if it was kept as Neighborhood Commercial. �.. Morad Kabiri stated the same uses for this request could also be used in Neighborhood Commercial. 07/20/2009 3179 � Pianning and Zoning Commission Chairman Holiand stated if the rezone goes through then wiii be able to give input on the site plan to P&Z. Brad Wakefield, Friendswood resident, addressed Council and stated he has been a resident for 25 years, spoke in opposition to the proposed zone change, stated that traffic pattern is a concern for him, will need an engineering survey of the traffic pattern for this area. During school in the morning and afternoon there are a lot of cars trying to get out on FM 518, the second concern is someone was looking at rezoning 15 years ago and deed restrictions did not allow for commercial development so why rezone if a business cannot be placed there. Vicki Howison, Friendswood resident, addressed Council and stated she would like to speak in opposition of the proposed zone change and asked if Planned Unit Development(PUD) is more restrictive why is the business owner asking for it to be changed. P&Z Chairman Holland responded and stated it is so the building can be configured on the site differently because of the pipelines. Ms. Howison stated 10 years ago her subdivision had signs that were made of brick and requested to the pipeline company to allow neighborhood to dig up and fix and the pipeline company would not allow it. Galveston County stated many years ago a business could not be placed there and asked why they can now. The Texas Department of Transportation (TxDOT) put a current driveway and now it takes 10-15 minutes to get out onto FM 518, when there is a funeral going on at nearby Jeter Funeral Home it blocks traffic from being able to get out onto FM 518. Tami Metz, Friendswood resident, addressed Council and stated she has been a resident for 37 years, ,�, spoke in opposition to the proposed zone change, stated her backyard is nearby and she would be affected if it is changed to a Planned Unit Development(PUD), this would allow dog kennels or runs near her fence, just spent$6000 on a patio and does not want dog feces and smell in her backyard and asked to please not allow the zone change, a real estate agent told her it would effect her property values. Mayor Smith stated to put this clinic in is already allowed in Neighborhood Commercial (NC), should they require a PUD with restrictions the Staff and Planning and Zoning Commission would have input, the question is not if they can because they already can, question is how they want to proceed. Joshua Clark, Friendswood resident, addressed Council and stated he would like to speak in opposition of the proposed zone change and stated he is concerned because he moved back to Friendswood a year or so ago from League City and found Mary Ann Drive is used for a throughway with lots of traffic, the second half of the neighborhood has put in speed bumps to reduce speed, has 3 boys and is leery of letting them ride their bicycles, will restrict them even further with driveway being put in on Mary Ann Drive, would like to know why the City cannot remove medians on FM 518, it would be a great idea to help traffic flow, police know there is a traffic problem there but cannot do much, is afraid something bad will come out of this. Michelle Barzak, Friendswood resident, addressed Council and stated she would like to speak in opposition to the proposed zone change and stated she would much rather have a vet clinic there and not a convenience store, asked why would the owner want to restrict himself. Planning and Zoning Commission Chairman Holland explained in detail and Interim Director of Community Development Morad Kabiri explained further about pipeline locations. She stated what she hears is that the owner cannot build on Neighborhood Commercial (NC) and Mayor Smith explained further. ...� 07/20/2009 3180 ..— Jean Gill, Friendswood resident, addressed Council and stated she would like to speak in opposition to the proposed zone change and stated she is opposed to the rezone, if it is going to be commercial then she does not want them to get the Specific Use Permit (SUP) because there are employment offices, dry cleaning and others nearby, does not want to have it commercial in the first place, should make the owner live with the current zoning. Shelley Phillips, Friendswood resident, addressed Council and stated she would like to speak in opposition to the proposed zone change and stated she has elderly family living with her and has a hard time getting out onto FM 518 or taking out of the esplanade, is dangerous. P&Z Chairman Holland asked if there will be any outdoor kennels and project designer Sean Rives answered no. Chairman Holland asked about the proximity of the kennels and Mr. Rives stated they are in the middle, the dog run is to let them do their business and come back in, the building is not on the pipeline, the driveway is on the pipeline and if the owner is okay with changing the driveway then Mr. Rives stated he is too. Councilmember Barr stated he hears from residents that the driveway removal is necessary and the second story is also a concern. Sean Rives stated the building is a one-story with a higher pitched roof, the second story is a climate controlled storage for files with windows in the back, the Americans With Disabilities Act (ADA) requires an elevator. City Planner Mona Miller stated there is a specific list of variations that is being requested such as "°"' setbacks and landscape buffers. On the east side of the property there is a 6 foot utility easement and the owner is requesting for the building to be placed right up to that. The owner is requesting variation for the landscape buffer which is normally 10 feet and asked for it to be waived, will be putting in 10 trees and leaving 6 trees, will not be able to plant where pipelines are, the front setback is usually 30 feet and are asking for 25 foot setback. That is the difference between Neighborhood Commercial (NC) and Planned Unit Development(PUD)to Specific Use Permit(SUP). Councilmember Reid asked if he is asking for a waiver of landscaping and City Planner Mona Miller stated there is no room for anything but grass. Mayor Smith asked who makes the decision on FM 518 and the median. City Planner Mona Miller answered that it was up to TxDOT and stated if someone were to use Neighborhood Commercial (NC) as it stands now can they can build up to 40 feet tall, this building is 11 feet less than that. Mayor Smith asked if the City asks for more than one driveway for safety reasons and City Planner Mona Miller answered as long as there is a turnaround for fire they can have one driveway, usually ask for two driveways. Vera Smart stated Sean Rives mentioned a buffer could be added and asked about the median on FM 518 and requested that the City request changes from TxDOT. Interim Director of Community Development Morad Kabiri stated TxDOT changes can be requested but is hard to get accomplished. '°� Councilmember Reid asked if a light had ever been requested and Morad Kabiri stated not that he knows of, could be requested with a traffic study. 07/20/2009 3181 � Joann McCall, Friendswood resident, addressed Council and stated she would like to speak in opposition of the proposed zone change and stated she called TxDOT about a light and stated it needed to be 800 ft. from the light at FM 2351. The 8 foot City fence requirement is blocking her sky view from when Methodist Church built their fence. Joshua Clark, Friendswood resident, addressed Council and stated he would like to speak in opposition of the proposed zone change and stated he would like to ask about the change in easements. P&Z Chair Holland stated the easement is supposed to be 10 feet wide and it is already 6 feet wide. Mr. Clark asked if there is a fire hazard and would the Fire Department have to go through a residenYs backyard to get to it, wishes the owner was at the meeting to ask about the driveway. Frankie Santoro, Friendswood resident, addressed Council and stated she would like to speak in opposition to the proposed zone change and stated there was a permanent injunction from Galveston County and how did it get to be not permanent, also stated there is a concern about a rat problem, drainage problem and privacy problems. Mayor Smith stated this is not something for Council to decide, Council is only considering zoning. Brad Wakefield stated he would like to ask about the maximum allowable footprint. Chairman Holland stated he was not sure, would have to design something on the site to see. Planning and Zoning Commission Chairman Holland closed this portion of the Joint Public Hearing. Mayor and Council left this portion of the Joint Public Hearing open. ,,,,�„ COMMUNICATIONS FROM THE PUBLIC Bobbi Jones, Friendswood resident, addressed Council and stated now that the proposed ball park has been cancelled all ball teams shoufd have 100% Friendswood players, the competition should be in Friendswood only and with nobody else. Deidre Brown, Friendswood resident, addressed Council and stated she has been to Council several times with an issue about crime prevention in her neighborhood and stated she heard tonight Council say "we hear you". The "Friendswood Five" heard her when the judge ruled that the City cannot issue Certificate of Obligations (CO), the judgment was written by the City and decided to speak tonight because of an article in the Galveston Daily News about clarification on what this judgment means, asked why is there confusion about what that means, Council should get clarification from an attorney before speaking to the press and asked for the resignation of Mayor Smith. John LeCour, Friendswood resident, addressed Council and gave a handout of an article and stated the Galveston Daily News article requested reimbursement for the "Friendswood Five's" legal expenses and travel expenses, Judge was not wrong or misinformed and the Judge was board certified. Council can speak since there is an agenda item regarding that and owes it to these people to reimburse expenses and stated this item should be on the next Council meeting agenda. Mayor Smith stated he spoke to the reporter who wrote the article where he was quoted and clarified what he stated. Mayor Smith stated he was only talking about one item in particular. ..�„ 07/20/2009 3182 � CITY MANAGER'S REPORT Interim City Manager Roger Roecker reported on the Galveston County Satellite Tax Office extending service days at City Hall. A recent expansion to the City's ongoing partnership with Galveston County Tax Office will include an additional day of service at the Galveston County Tax Office satellite branch inside Friendswood City Hall. Beginning the first week of August, the Friendswood branch of the Galveston County Tax office will be open every Thursday and Friday providing full services to Galveston County residents. Since the City's partnership began with Galveston County in 2007, both the City and County have heard numerous requests for additional days of service in Friendswood. A renewal of this contract between both entities provided City Council with an opportunity to provide funding for this additional day of service. The Interim City Manager reported that once again the City is happy to announce for the second time in three years, Friendswood has been named one of America's "Best Places to Live" by CNN Money Magazine. Friendswood is the only community in the greater Houston area and one of only six Texas cities to make the list. The 2009 list, which ranks Friendswood as number 32 out of 100 cities across the United States, focuses on smaller places that offer the best combination of economic opportunity, good schools, safe streets, and a real sense of community. More specifically, a town's job growth, cost of living, housing prices, education, arts and leisure options, safety, diversity and healthcare are all factors when considering America's best places to live. In 2007, Friendswood ranked number 51 out of 100 cities in the U.S. and was the only community in the greater Houston area to make the list at that time as well. The winning cities were chosen from a list with populations between 8,500 and 50,000. ACTION ITEMS ...., **Councilmember Barker moved to approve the concurrence with the Mayor's recommendation for appointments/reappointments to Boards, Committees and Commissions in Group A: Planning and Zoning Commission (P&Z) — Ruben Garcia and Hassan Moghaddam to expire July 2012. Zoning Board of Adjustments and Appeals (ZBOA) — Greg Hughes, Steve Knis and Mike Czarowitz to expire July 2012. Community and Economic Development Committee (CEDC) — Brett Banfield, Donald "Skip" Evans, Kirk Lippert, Bill Provenzano and Dr. Hilmar R. Zeissig to expire July 2012. Library Advisory Board - Mike Czarowitz, Sherry German and Ted Thomas to expire July 2012. Construction Board of Adjustments and Appeals (CBOA) - Rajni Amin, Monique Hammett, Dan Illerich, Terry McHugh, Faye Curtis Ray, and Selwyn Thint to expire July 2012. Seconded by Councilmember Holbert. The motion was approved 6-0. Mayor Smith stated all are reappointments except for one, there is a new appointment with CBOA due to a vacancy and will appoint Chris Brown to that position. **Councilmember Reid moved to approve and authorize the Mayor to execute a design contract with LJA Engineering & Surveying, Inc., in association with the City's Economic Development Administration (EDA) Project, FM 2351/Beamer Rd Utility Project, and appropriate funds accordingly. Seconded by Councilmember Barr. Interim Director of Community Development Morad Kabiri stated this is to get the project started. Councilmember Reid asked if LJA Engineering & Surveying, Inc., were the only ones who bid and Mr. Kabiri stated it was not a bid, the City has a long history with LJA. Councilmember Barker asked if Council could get more information before moving forward. � 07/20/2009 3183 ..,� Councilmember Hill asked about easements and Mr. Kabiri stated they are in place already. Councilmember Hill asked about environmental studies to make sure it can be built on and Mr. Kabiri stated the City does not have one but would research it. Councilmember Hill stated it is an oil field, where is the $385,000 coming from and Mr. Kabiri answered the grant would provide for it, does not have grant money yet but there was an environmental narrative done. Councilmember Barr stated he agrees with Councilmembers Barker and Hill and would also like more time to examine it. Mr. Kabiri stated five years is the timeline but had given the Economic Development Administration a timeline of finro years. Councilmember Barker stated he wants to make sure easements are in place, if not could cause jeopardy. *"`Councilmember Barker made a motion to table until the next council meeting. Seconded by Councilmember Reid. The motion was approved 6-0. **Councilmember Barker moved to approve and authorize the Mayor to execute a change order by Janco Directional Drilling Company, Inc., for the Deepwood Force Main Project and appropriating funds accordingly. Seconded by Councilmember Barker. The motion was approved 6-0. RESOLUTION *"Councilmember Barr moved to approve Resolution R2009-42 - a Resolution adopting a "Policy for use of Athletic Facilities and Fields" for the City of Friendswood, Texas; adopting procedures, regulations and ,,,� guidelines for use of athletic facilities and fields; and repealing all other resolutions or parts of resolutions inconsistent or in conflict herewith. Seconded by Councilmember Holbert. The motion was approved 6-0. ORDINANCES "*Councilmember Hill moved to approve the First reading of Ordinance No. T2009-09, an Ordinance amending Appendix C of the Friendswood City Code, said Appendix C being Ordinance No. 84-15, as amended, originally adopted the 19th day of November, 1984, and being the Zoning Ordinance of the City, by providing in the Permitted Use Table contained in Section 7-P thereof that the use described in Category 721, entitled "Accommodation," may be permitted in the Industrial ("I") Districts; providing in the Permitted Use Table contained in Section 7-P thereof that the use described in Category 721, entitled "Accommodation," be expanded by adding Use #7212 for RV (Recreational Vehicle) Parks and Recreational Camps, and providing the Zoning Districts where such expanded use is permitted; providing other matters relating to the subject; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Reid. The motion was approved 6-0. "''Councilmember Barker moved to approve the Second and Final reading of Ordinance No. T2009-13, an Ordinance amending the Code of Ordinances of the City of Friendswood, Texas, by amending Chapter 26, Article V"junked vehicles" to be consistent with State law; making certain findings; providing a penalty of an amount not to exceed $200 for violation of any provision hereof; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; and providing for severability. Seconded by Councilmember Barr. The motion was approved 6-0. ..., 07/20/2009 3184 � **Councilmember Reid moved to approve the Second and Final reading of Ordinance No. T2009-14, an Ordinance amending City of Friendswood, Texas, Ordinance No. 2007-09, same being an amendment to Appendix C (Zoning Ordinance) of the Code of Ordinances of the City, said Ordinance No. 2007-09 that changed the zoning classification of a 5.0 acre tract of land located at 1423 Parkwood from Community Shopping Center(CSC)to Planned Unit Development District(PUD) and granted a Specific Use Permit to authorize use of property within said PUD for Senior Citizen Multi-Family purposes; providing for an amendment of the site plan for such Planned Unit Development to allow garages, a pavilion, and a swimming pool; providing a penalty in an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Barker. The motion was approved 6-0. ""Councilmember Hill moved to approve the First reading of Ordinance No. T2009-15, an Ordinance amending Appendix C of the Friendswood City Code, said Appendix C being City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally adopted the 19th day of November, 1984, and being the Zoning Ordinance of the City, by changing the zoning classification of a certain 1.79 acres on FM 528 at Mandale Road within the City from Single Family Residential (SFR) to Light Industrial (LI), such tract also being 1.79 acres out of a 10.9037 acre tract, situated in the I. & G.N.R.R. Co. Survey No. 23, Abstract 624, Galveston County, Texas and Abstract 740, Brazoria County, Texas, as recorded in Volume 86262, Page 762, official public records in the office of the County Clerk, Brazoria County, Texas; providing for the amendment of the City's official zoning map; providing a penalty in an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Reid. "**Councilmember Barr made a motion to table ordinance T2009-15 until the next Council meeting. ,,..., Seconded by Councilmember Barker. The motion was approved 6-0. No motion was taken on the first reading of Ordinance No. T2009-16, an Ordinance amending Appendix C of the Friendswood City Code, said Appendix C being City of Friendswood, Texas, Ordinance No. 84- 15, as amended, originally adopted the 19th day of November, 1984, and being the Zoning Ordinance of the City, by changing the zoning classification of a .77-acre tract of land at 400 N. Friendswood Drive (FM 518 and Mary Ann Drive) from Neighborhood Commercial (NC) to Planned Unit Development District (PUD-SUP); providing for the granting of a Specific Use Permit to authorize the use of property within said PUD for a veterinary clinic and other designated purposes; providing for the amendment of the official zoning map; imposing certain conditions; providing a penalty in an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. The Planning and Zoning Commission will make a formal negative recommendation for the rezoning of 400 North Friendswood Drive at the next Council meeting and then Council will decide whether to accept. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Several Councilmembers addressed citizens concerns regarding the Certificates of Obligation Bond Validation Hearing. Councilmember Hill stated on Saturday night sitting at home he heard the League City Fire Department come by his house and knows when he hears that Friendswood needs help, found out that Friendswood was fighting 3 fires at the same time and Friendswood Emergency Management Services (EMS) was responding to Forest Bend where an elderly person had fallen, one of the fires was at Polly Ranch near his neighborhood and talked to the homeowner who spoke well of the firefighters and commended them. � 07/20/2009 3185 � Mayor Smith read aloud the judgment from the court in Travis County and stated he has the answer from the certification process that was started, appreciates the work Council did in trying to solve challenges with infrastructure and needs of the community, this gives parameters on how to proceed but does not solve problems with challenges Council has been working on for three years, please continue to work diligently and smartly, proud of the work Council has accomplished over the last year, this was part of the many things tackled, have accomplished a lot at a pace unprecedented, work is not completed, this creates more challenge but Council can put heads together and work, Council will do a better job of communicating. Councilmember Barr stated Council was taking this to court for certification and would abide, he is not convinced that the ballpark in Alvin did not get lost in the middle of the shuffle of Certificates of Obligation (CO's), has no regrets, this was a great buy, a great deal and good for the kids of Friendswood, the need will not go away but still will have to find a way to solve the problems with getting the roads paved, there are a lot of projects still sitting before the City. Council will have to have a different way to go. The people these projects were for did not come out and support it, there will be a General Obligation (GO) election and ask them to come and support. Councilmember Hill stated he is heartbroken over this, looked a lot for land in Friendswood that the City could afford, assured all along the way that it was all legal, there will be unintended consequences to children. The City may have to go to the lottery system to play ball, another one might be a tax increase. Councilmember Hill stated at the last budget meeting that he would not support an increase but if there are street repairs to make then it will have to be budgeted, is not ashamed for trying to help the kids and will be able to sleep okay tonight. Councilmember Reid stated she agreed with what Councilmember Hill said. It is disappointing the way ,�,,,, the judge decided, that is why they did it, will stand by what the judge said, is proud of Council and proud of the things Council has done at this point, thanks to the people who have supported Council. CONSENT AGENDA *"Councilmember Reid moved to approve the Consent Agenda as presented with the exception of item A — Authorize final acceptance of streets, drainage and utility improvements of West Ranch, Creekside Section II and release the contractor from the one-year maintenance bond. B. Accept the June 2009 Property Tax Report. C. Approve Minutes of June 01 and June 06, 2009 Meetings. Seconded by Councilmember Barr. The motion was approved 6-0. **Councilmember Barr moved to approve Item A — Authorize final acceptance of streets, drainage and utility improvements of West Ranch, Creekside Section II and release the contractor from the one-year maintenance bond. Seconded by Councilmember Barker. The motion was approved 6-0. CLOSED EXECUTIVE SESSION Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.072 — Deliberation regarding real property and Section 551.074 — Personnel Matters (City Manager). Council convened into Regular Session with no action taken later in the meeting. � 07/20/2009 3186 � RECONVENE INTO OPEN SESSION A motion was made and approved to adjourn at 10:45 PM. May Davi J.H. Attest: � m OF F R1EH� � s D lo McKenzie, TRMC v O City Secretary � * v � � 9rF OF TE�'� ,...,. ._..