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HomeMy WebLinkAboutCC Minutes 2010-07-12 Special 07/12/2010 3356 � STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( JULY 12, 2010 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JULY 12, 2010, 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 MAYOR PRO-TEM JIM HILL COUNCILMEMBER MICHAEL BARKER COUNCILMEMBER BILL HOLBERT COUNCILMEMBER JIM BARR COUNCILMEMBER DEIRDRE BROWN CITY ATTORNEY BILL OLSON CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH Councilmember Patrick McGinnis was absent from the meeting. Mayor Smith called the meeting to order. � SPECIAL SESSION A discussion was held with the Animal Sheiter Advisory Committee regarding a presentation of findings from the Town Hall Meeting. Committee Chair Dr. Skip Young introduced members and Staff present which were Captain Jimmy Holland, Senior Animal Control Officer Craig Baker, Tina Wood, Dr. Donald Stran and Margaret Pickell. Dr. Young stated the committee's preference and formal recommendation to Council for the location of the animal shelter is the water tower site on FM 528. Councilmember Brown stated she has concerns about development, two reasons to pick FM 528 was cost and location. Dr. Young stated it concerned citizens as well and further stated site development costs were considerable. Councilmember Brown inquired about the costs of developing the Deepwood site. Dr. Young stated because of the impracticality of the Deepwood site it is not good for this purpose and Council removed Deepwood site from consideration. Community Development Director Morad Kabiri stated the 2007 Feasibility Study shows the estimated cost of moving the Parks building. Councilmember Brown stated that is the point, it is all estimate and conjecture and should not rule out one site and why was the Public Safety Building area not considered. Police Captain Holland responded for the reason of retention and nearby residential areas. Mayor Smith stated this advisory committee was tasked with focusing on the two sites which were Baker Road and Deepwood. Councilmember Barker thanked the committee for all their time and hard work and is time to move �- forward. 07/12/2010 3357 ..w. City Manager Roger Roecker stated the Public Safety Building's additional land is for possible relocation of Fire Station No. 1 and expansion of the Public Safety Building. Dr. Evans stated this is a permanent committee so they will not quit meeting but are ready to move forward to other things. Senior Animal Control Officer Craig Baker stated the FM 528 site has not flooded so it would not have to be evacuated as Deepwood would need to be evacuated. Friendswood Police Chief Wieners stated as far as storm preparation, the City Staff has built redundancy into plan as far as all aspects, has learned the hard way but gained knowledge after several storms. The City has been recognized for its ability to execute during an event. RECONVENE INTO OPEN SESSION 7:00 PM—REGULAR SESSION The invocation was given by Pastor John Wise with Friendswood Community Church. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. JOINT DOCKETED PUBLIC HEARING Mayor Smith and Planning and Zoning Commission Vice Chairman Mark McLean called a Joint Docketed Public Hearing to order, to receive comments from the public, either oral or written, regarding proposed �"" amendment to Planned Unit Development (PUD) Ordinance No. 2004-20 (West Ranch/Autumn Creek Development, Ltd.) to add additional land into the PUD of 20.445 acres, to increase allowable home sites to 1540, and to add specific signage guidelines. Keith Schoonover, Community Development Manager with West Ranch/Friendswood Development stated changes they are asking for are first in the six year period since this has been in place, is for properties they bought and would like for them to be brought into the PUD, would like to match utility services contract, signage guidelines additions are because West Ranch has a branding logo they would like to place in the community, would like signs a little higher than current City ordinance. Skip Marlow, Friendswood resident, stated he understands Friendswood is trying to hold down the population and what is this about. Mayor Smith stated are only adding 40 homes to the 20 acres, is going with density in the area. Mayor Smith stated the PUD already allows 1500 homes in subdivision, adding 40 homes is well within the density regulations, has areas to improve but subdivision rules keep the City in compliance. Kirby Wells, Friendswood resident, stated he lives near West Ranch, neighborhood is not sold out and people are having a hard time selling, with NASA's crisis it will get worse. Councilmember Brown stated she believes in free market and is sure West Ranch is looking at that as well, price point is above $300,000 so they pay for all their taxes and services, is an economic boost and helps ad valorem taxes. ...�, Kirby Wells stated that makes sense assuming the homes sell. 07/12/2010 3358 � Mayor Smith stated it might take them five to seven years to build out, is paying attention to the NASA issue and economic issues as a City since the late 1990's, is part of the management of West Ranch, and could have had more homes there if not for the agreement in place with West Ranch. Emily Sutter, Friendswood resident, stated she has had a house on the market for 4 months, sales are down 20 percent and price has gone down 18 percent, is a deflation problem, West Ranch has deep pockets, what will happen to the rest of them, she and neighbors wish they had a better understanding of what this is about, received a letter in the mail from the City, would like information easier to understand. Mayor Smith stated West Ranch is proposing to add 40 homes and is in a Planned Unit Development (PUD) that is for Single Family Residential structures which already allows 1500 but would just like to add 40 more. Councilmember Hill stated the acres that West Ranch is presenting tonight were not part of the original purchase, went through extensive negotiations with these last tracts, helped to extend Falcon Ridge Boulevard for Jr. High, has been a give and take thing, 2 houses per acre which is low density and will blend with the rest of the subdivision, land was already inside their boundaries. Mayor Smith stated this is an opportunity for Council to receive public input. It may seem Council has preconceived notions but Council has history associated with these things so knows the history, another private homeowner had the idea of building as many as 40 homes on this land, having West Ranch to purchase this makes fewer homes. � Fred Krch, Friendswood resident, stated his son was looking to buy a house in West Ranch, who were knocking $100,000 off the price, but ended up buying on Falling Leaf. Prices of homes in Friendswood are being knocked down and people in this town that have to sell because they are losing their jobs may have to sell for less than what they owe. Councilmember Brown stated she lives in a neighborhood that has the same plans as West Ranch, cannot fix the economy in the real estate market, 40 homes in this instance does not cause her heartburn, causes heartburn to lose value on her home but cannot cure today but help for the future. Councilmember Barr stated West Ranch is not asking to build now, just wants to get the land into the PUD that West Ranch acquired, if someone else got a hold could have lots more homes than West Ranch is planning, believes West Ranch Management knows what the market is like. Mayor Smith stated this is time to receive information from the public. Council will leave the Public Hearing open until second reading of the ordinance at another meeting. Planning and Zoning Commission will discuss and give a recommendation. Greg Smith, Friendswood resident, stated he lives in West Ranch and did not understand the information that was sent out either. He further stated that judging by the turnout tonight, West Ranch is a dynamic neighborhood and pays a premium to live there, has a high Homeowner's Association fee, does not understand what is missing with the 40 houses, resident did some digging around and heard language of cluster homes, would like elaboration from the developer and City. Friendswood is a special town, has an image, top schools, green space, parks and quality of life, is part of the City vision, is landlocked and cannot grow haphazardly, is it in the best interest of the City, should make wise investments that will hold up over time, asked what is cluster living like. � 07/12/2010 3359 � Mayor Smith stated there are two issues which are adding 40 sites for 20 acres in land plan and to lax the restrictions on signage requirements, which is the basis of change, no more to it than that, believes is paying attention. Cluster is a nasty term but if you look at what is in the subdivision ordinance, cluster means in order for a developer to reduce the lot size associated with the footprint of home they must set aside additional open space and land within their development so density does not change, but rather than not allowing to put smaller lots does allow to form a cluster of homes that are closer together as long as they create an open space in the development to counteract that clustering so it is a protective ordinance rather than a relaxing one. Greg Smith stated so does not allow apartments or anything like that and Mayor answered no. Councilmember Hill stated smallest lots would be closest to FM 518. Keith Schoonover stated smaller lots are on the north side, will be a small section of patio homes but is not new, has already been in the PUD and is not the new 40. Councilmember Barr stated was more concerned with signage requirements than anything. Mr. Schoonover stated West Ranch is trying to create a long term branding. Jorge Ferrer, Friendswood resident, stated documents received said amendment could affect school d istrict. Mayor Smith stated could add more kids to the school district because of more households and parks and recreation areas, asked if it would mean less. � Keith Schoonover stated West Ranch is not changing open space or park areas and will be based on total acreage, 30 percent open space. Hearing no further comments, Pfanning and Zoning Commission Vice Chairman McLean 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 Vice Chairman Mark McLean called a Joint Docketed Public Hearing to order, to receive comments from the public either oral or written, regarding Zone Classification change request for two tracts of land with Tract One containing 1.598 acres out of Lot 7 and all of Lot 8, Tract Two containing 25,090 sq. ft. out of Lot 13, Harvey and Stout Subdivision, property �ocated at 408 S. Friendswood Drive, Galveston County, to change from Downtown District (DD) to Downtown District—Specific Use Permit for a Farmers Market(DD-SUP). Tony Buzbee, Friendswood resident, stated there have been questions about the Farmers Market and has heard lots of input, market is horrid right now, will not get quality development in downtown Friendswood until get better idea of what is happening in the real estate market, residential side is tough but commercial is worse, introduced Benette Rowley, market manager and master gardener, is envisioning something just for this area and not a regional draw, is not asking for tax dollar support, is not ..,�. 07/12/2010 3360 ,�.. a money maker but hopes it pays Benette's salary, grew up on a farm, has been eating tomatoes for the last 30 days since they are in season, local growers could come and sell their wares, it would be nice to sell local produce, no flea market, would not allow, spent a lot of money to eliminate old Texaco, old Sonic, pawn shop, massage parlor, etc., to get downtown looking good, will not cut trees, will be in a shaded area, the property used to be a dirt yard, has been vacant but paying taxes and insurance, is a temporary thing unless successful, traffic will have multiple entries not just on FM 518. Please review what is submitted, cannot get commitment from vendor unless get permission from City. Tracy Pody, Friendswood resident, lives across the street from proposed Farmers Market on Willowick and would not like to have a market there and would be a nuisance, parking would be a nuisance, researched this morning, how many parking sites, crime happens, school across the street, who will enforce parking, what if she cannot get out of her house, when there are parades cannot get out of her house already, has to take in consideration, sometimes has to take a stand and say no, first time she has ever done this but has to take a stand. Bobbie Jones, Friendswood resident, stated she thinks a Farmers Market would be wonderful, would Mr. Buzbee have a Farmers Market and have no parking control. Mr. Buzbee loves Friendswood and so does she, understands where the lady is coming from but is not concerned since Mr. Buzbee loves our City and has put lots of money into the community. Mayor Smith stated this is about the highest and best use and what is best for the community, not about who is requesting it. ,,,_, Faye Roberson, Friendswood resident, stated she visited her son in North Carolina and the Farmers Market was wonderful, is excited about it, and hopes it happens. Councilmember Brown stated a question was raised about hours of operation and clarified it was Sunday afternoon, supports concept, had concerns with parking, signage and quality of facility as well, asked Benette Rowley if she would be the gatekeeper on that and Ms. Rowley answered yes. Councilmember Barr stated believes it would not be a weekday project but a weekend only, biggest concern is a flea market type atmosphere somewhere down the road if someone else takes it over, loves the idea of Farmers Market, would be an asset. Richard Tindall, Friendswood resident, stated he has lived in Friendswood for 20 years, desperately need a Farmers Market, has to go to West University or Midtown to experience the benefit of a Farmers Market, loves produce from Farmers Market and not a supermarket, has wanted to start one for years so is blown away and would be the greatest asset to this town in a long time, best way to eat is local. Hearing no further comments, Planning and Zoning Commission Vice Chairman McLean closed this portion of the Joint Docketed Public Hearing. Mayor and Council left this portion of the Joint Public Hearing open. COMMUNICATIONS FROM THE PUBLIC Fred Krch, Friendswood resident, addressed Council and read a prayer from St. Francis of Assisi and read a verse in Psalms from the Holy Bible. ,,r.. Janis Lowe, Friendswood resident, addressed Council and stated she is opposed to the resolutions on the agenda regarding the proposed transit district. 07/12/2010 3361 � Ken Canion, Friendswood resident, addressed Council and spoke against the project for additional parking on Stadium Drive. John LeCour, Friendswood resident, addressed Council and stated he is the Chairman of the Galveston County Repubiican Party, handed out information on a resolution passed by the executive committee against the Galveston County Transit District, wanted elected officials to know they were against this proposed district. Mr. LeCour further stated he believes money is being wasted on the animal shelter facility, should use others already designed and not design from scratch. Mr. LeCour reported that 4th of July festivities were fantastic. Debbie Smith, Friendswood resident, voiced concerns regarding revisiting rebuilding the animal shelter on Deepwood, too many obstacles in that location. Vicky Glenn, Friendswood resident, addressed Council and stated she supports the FM 528 site location for the animal sheiter and is against reconsideration of the Deepwood site and would like the project to move forward, dogs and cats cannot afford the luxury of a protracted debate. Tina Wood, Friendswood resident and president of Friendswood Animal Advocates, addressed Council and stated she supports the animal shelter and would like to move forward with the FM 528 site and have no reconsideration of the Deepwood site. Mona Palmer, Friendswood resident, addressed Council and spoke in favor of the FM 528 location for the animat shelter and no further reconsideration of the Deepwood site. ...,� Mayor Smith stated with no Council objection would like to move to Communications from Committees and Special Reports since there is a gentleman waiting on this item. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Keep Friendswood Beautiful Committee Chair Sherry Goen recognized Pete Garcia, owner of Friendswood Sonic, and stated he is a role model for civic responsibility in giving back to his community, thanked him for his continued support of Keep Friendswood Beautiful events, for providing lunches for workers at Fall Haul a Day and Spring Sparkle for the past several years and then presented him the Gold Star Supporter Award. Pete Garcia stated he is honored to receive this recognition. Mayor Smith moved back to Communications from the Public. COMMUNICATIONS FROM THE PUBLIC Jeff Moser, Friendswood resident, addressed Council and spoke in favor of the FM 528 location for the animal shelter, supports the committee's recommendation and no reconsideration of the Deepwood location. Craig Burchsted, Friendswood resident, addressed Council and also spoke in favor of the FM 528 location for the animal shelter. Danielle Charvos, Friendswood resident, addressed Council and also spoke in favor of the FM 528 ,.,�, location for the animal shelter and no reconsideration of the Deepwood site. 07/12/2010 3362 � Michael Wood, Friendswood resident, addressed Council and spoke against the Deepwood location for the animal shelter and is in favor of the FM 528 location. CITY MANAGER'S REPORT City Manager Roger Roecker reported at the beginning of last month, the City began working with AT&T to extend their fiber optic cable to City Hall to begin broadcasting the PEG (Public-Education- Government) Channel via AT&T. Currently, the City's PEG (Public-Education-Government) Channef is broadcast on Comcast Channel 17 for the past four years. The City Manager reported that the 115th Annual Fourth of July Celebration took place over Sunday, July 4 and Monday, July 5. Despite the rain and road construction on South Friendswood Drive, thousands came out to celebrate our nation's Independence Day. Fox 26 News covered this year's parade, and reporter Chris Stipes made a comment that was very appropriate during his commentary, "You know, I'm getting a sense that there's something a little different here in Friendswood from other communities when it comes to celebrating the 4th of July." The City Manager thanked the Fourth of July Steering Committee members, the many parade participants, the parade judges, City employees, and volunteers who helped make this annual event one that is a little different and perhaps more special than celebrations being held in other cities. Councilmember Barr and Mayor Smith also complimented the Fourth of July Steering Committee, police department, EMS, volunteers and City Staff on all their hard work to make this event successful. � ACTION ITEMS ""Councilmember Barr moved to approve suspending the administrative policies and procedures related to appointments to City Boards, Committees, and Commissions Seconded by Councilmember Hill. The motion was approved 6-0. Mayor Smith explained and Councilmember Hill agreed that this item needs to be discussed at Council's upcoming retreat. "``Councilmember Holbert moved to approve the disposition of RFP No. 2010-03 for the City's Depository Services and award the contract to Wells Fargo Bank N.A. Seconded by Councilmember Hill. The motion was approved 6-0. "*Councilmember Barker moved to approve the disposition of Bid No. 2010-05 for the Water Plant No. 2, Ground Storage Tank Addition, for the surface water plant project contingent on appropriation of funds, and award the contract to Natgun Corporation. Seconded by Councilmember Holbert. The motion was approved 5-1 with Councilmember Brown opposed. Mayor, Councilmembers and Community Development Director Morad Kabiri discussed particulars of this bid such as type and size of tank, life expectancy, source of funds, and Councilmember Brown questioned the contract review. *'`Councilmember Holbert moved to approve the disposition of Bid No. 2010-06 for the 2009-2010 Asphalt Street Program and award the contract to AAA Asphalt Paving, Inc. ,.r Seconded by Councilmember Hill. The motion was approved 5-1 with Councilmember Brown opposed. 07/12/2010 3363 ... Mayor, Councilmembers and Public Works Director Kaz Hamidian discussed asphalt versus concrete, funding source for paving, and what streets would be included. Mr. Hamidian stated the streets included are Deepwood to Whispering Pines, Shadweli to FM 518, Colt to Laurel to Woodlawn, N. Shadowbend to Laurel to Woodlawn, Spreading Oaks, N. Shadowbend Coward's Creek, E. Viejo to FM 518 to end, 1004 through 1006 and 1212 Falling Leaf. Counciimember Brown questioned Mr. Hamidian why the proposed contract was not in the backup documents and he stated it had been with the vendor and was now in the City Secretary's office. **Councilmember Barr moved to approve the disposition of Bid No. 2010-08 for the Stadium Lane On- Street Parking Project, contingent on appropriation of funds, and award the contract to award to Garner Paving and Construction. Seconded by Councilmember Holbert. Discussion was held between Mayor, Council, Morad Kabiri, Kaz Hamidian and Police Chief Wieners regarding description of the work being proposed, possible alternate items for water line extension, trees requiring removal, donation of tree moving, trees being located in the drainage easement, possible sidewalk addition and traffic issues, crosswalks, water line extension location, looping of water lines, pipeline issues, additional 195 parking spaces, other potential uses for parking, funding source, availability of funding from water and sewer bonds, other drainage projects, budget amendment needed, etc. ***Councilmember Barr moved to amend the main motion to include an additional $33,000 for waterline extension. Seconded by Councilmember Holbert. �" ****Councilmember Barr moved to amend his main motion to reflect $279,441 out of General Fund for Stadium Lane parking improvements, materials testing, contingencies and $33,159 out of the Water and Sewer Revenues to include waterline extension. Seconded by Councilmember Holbert. The motion was approved 4-2 with Councilmembers Barker and Brown opposed. Mayor called a brief recess at 9:03 PM. **Councilmember Barker moved to approve reconsideration of the Deepwood site for a new Animal Control Facility. Seconded by Councilmember Hill. '`**Councilmember Barker moved to amend to sustain the vote taken by Council on April 5, 2010, as it relates to the elimination of Deepwood site as a possible site for construction of the new Animal Control Facility. Seconded by Councilmember Hill. The motion was approved 5-1 with Councilmember Brown opposed. Discussion was held between Mayor and Council regarding the Deepwood site's flooding and accessibility issues, information given previously, different site locations, cost estimates, past years of site consideration, proper procedure, process of selection, how to get it done, mitigation costs and definition, conservation easement, mitigation bank, strategy and planning, etc. .�. 07/12/2010 3364 � Mayor Smith recognized Planning and Zoning Commission Vice Chairman Mark McLean who returned from their meeting and stated Item A. being a proposed amendment to Planned Unit Development (PUD) Ordinance No. 2004-20 (West Ranch/Autumn Creek Development, Ltd.) to add additional land into the PUD of 20.445 acres, to increase allowable home sites to 1540, and to add specific signage guidelines, was approved unanimously. Item B. Zone Classification change request for two tracts of land with Tract One containing 1.598 acres out of Lot 7 and all of Lot 8, Tract Two containing 25,090 sq. ft. out of Lot 13, Harvey and Stout Subdivision, property located at 408 S. Friendswood Drive, Galveston County, to change from Downtown District (DD) to Downtown District — Specific Use Permit for a Farmers Market (DD-SUP), failed 1-5 with some issues being location in Downtown District, no limit on what can be sold, discussed time limit to see how it works, applicant or representative was not there. Councilmember Holbert thanked outgoing Planning and Zoning Commission member Mike Huss for serving on P&Z, is a busy guy, has a full time job, volunteers at church, president of Space City Rotary Club and appreciates his service and thanks. Mayor Smith reiterated. **Councilmember Brown moved to approve the FM 528 site for a new Animal Control building. Seconded by Councilmember Barker. The motion was approved 6-0. Discussion was held between Mayor and Council regarding Councilmember Brown's concern regarding possible misinformation, Councilmember Barker's thrill at finally selecting a site and the Mayor's appreciation of Friendswood Animal Advocates who helped him with site selection since he originally favored Baker Road because of the possible synergy with FFA program, thanks for the information they provided. � *'`Councilmember Barker moved to approve the scope of the new Animal Control Facility project and source of funding. Seconded by Councilmember Holbert. Discussion was held between Mayor, Council, City Manager, Police Chief and Morad Kabiri regarding cost of construction, timeline of 6 months for design and 9 to 11 months for construction, facility size, price per square foot, feasibility study, sound mitigation, functionality of facility with room for expansion, the need for working with Friendswood Animal Advocates and Councilmember Brown's concern of setting price before design and scope, etc. *"*Councilmember Barker moved to amend to include an additional appropriation of $750,000 for a new animal control facility along with the previous appropriation of $250,000 for an amount not to exceed $1 Million. Seconded by Councilmember Holbert. ***'`Councilmember Barker moved to amend the previous motion for the amount to come from Fund Reserves with a cap of$1 Million. Seconded by Councilmember Holbert. The motion was approved 5-1 with Councilmember Brown opposed. "*Councilmember Barker moved to approve the Mayor to execute a contract with Edwards Associates, PLLC, for architectural design services for the Animal Control Facility. Seconded by Councilmember Barr. Discussion was held between Mayor, Council, City Attorney Bill Olson and Morad Kabiri regarding ,..., architect contract issues, Errors and Omissions (E&O) insurance needs with City Attorney Bill Olson stating that $250,000 does sound low and understands City Attorney Bobby Gervais is still reviewing the architect contract form the City uses so he may have some additional comments regarding this. 07/12/2010 3365 � ''**Councilmember Barker moved to amend to increase the Errors and Omissions coverage to$1 Million. Councilmember Barr stated he has the second but would ask for it to be tabled. ****Councilmember Barker moved to amend the amendment to increase Errors and Omissions insurance coverage in the contract to $1 Million with no additional cost to the City subject to the City Attorney to review and approve contract before execution. Seconded by Counciimember Barr. The motion was approved 6-0. ""Councilmember Hill moved to approve the Mayor to execute an agreement with Charles J. and Regina Michael relating to the use of property along a portion of the drainage easements adjacent to the southernmost perimeter Lot 6 of the Perry Grove subdivision. Seconded by Councilmember Holbert. The motion was approved 6-0. ''*Councilmember Barr moved to approve the purchase of two new utility vehicles for Friendswood Volunteer Fire Department and disposing of finro medic vehicles as trade-ins. Seconded by Councilmember Holbert. The motion was approved 6-0. Councilmember Barr asked Marc Faber from Friendswood Volunteer Fire Department about vehicle replacement program in place and Mr. Faber gave details regarding the different equipment proposed to be replaced. **Councilmember Hill moved to direct City Manager to schedule a workshop to discuss legal representation. Seconded by Councilmember Barr. "�" Discussion was held between Mayor, Council and City Manager regarding information already compiled by City Manager and possibly giving a short presentation on his findings, information needed from Council, is hybrid needed or outside contractor such as now have, the need to move quickly, discuss at upcoming Council Retreat, lots of workshops needed and need prioritization, sensitivity to workload in front of Council and choosing priorities, making time to get work done, transfer of information at the next workshop, need to put it to rest, importance of legal counsel, create committee to do research, 36 year relationship with current legal counsel, etc. ***Councilmember Hill moved to amend to direct City Manager to schedule a 30 minute workshop to discuss legal representation at the upcoming City Council retreat. Seconded by Councilmember Barr. The motion was approved 6-0. **Councilmember Hill moved to approve excusing the absence of Counci�member Pat M�Ginnis from the July 12, 2010, Council Meeting. Seconded by Councilmember Barr. The motion was approved 6-0. "*Councilmember Brown moved to approve that all current Councilmembers be allowed to review the certified agendas and recordings of Executive Sessions of Council. Seconded by Councilmember Hill. �.... 07/12/2010 3366 � Discussion was held befinreen Mayor, Council and City Attorney regarding the ability and legality of allowing access to certified agendas and recordings, is not public information, most were certified agendas and not recordings, only summary given on certified agendas, whether is attorney-client privilege, not on Council during the time information requested, Attorney General opinion provided dealt with a different type of issue, by law there are criminal and civil penalties involved, bring Council up to speed in executive session or letters, pleadings, transcripts of court proceedings, no clear authority by Council to compel City Secretary, concerned with Councilmember being involved in past litigation, whether Council is better served to receive information directly during executive session, conflict of interest with ongoing litigation as a result of original actions, concerned for City Secretary, is a risk management decision, clarity questioned, not clear cut or unequivocal that it is allowed, Attorney General cannot make a decision, shows in opinions provided that opinion changed, would ultimately go in front of a judge, does City Secretary have liability, who has authority to get an Attorney General opinion, etc. ***Councilmember Holbert moved to table the motion that all current Councilmembers be allowed to review the certified agendas and recordings of Executive Sessions of Council. Seconded by Councilmember Brown. Mayor Smith stated cannot put a caveat on tabling, have to table only. Councilmember Brown withdrew her second on the tabled motion. Councilmember Hill seconded the tabled motion. The motion was approved 6-0. „_„ Councilmember Brown stated she would like to amend the motion and the Mayor informed her that she cannot because the item is tabled. She stated she disagreed and stated that the motion was tabled and not the item and the Mayor stated are all the same thing and unless 4 Councilmembers overrule he is moving to the next item. At this time with concurrence of Council, the Mayor moved to Item 24B. ORDINANCE '`'`Councilmember Holbert moved to approve the First reading of Ordinance No. T2010-17, An Ordinance of the City of Friendswood amending City of Friendswood, Texas, Ordinance No. 2004-20, passed and approved the 7th day of February, 2005, same being an ordinance amending Appendix C of the Friendswood City Code, (Appendix C being the Zoning Ordinance of the City) which approved a Planned Unit Development (PUD) District on the property being developed as the Master-Planned Community of West Ranch, by adding 20.445 acres to the Planned Unit Development District, by amending Section 9 of said ordinance to increase the allowable home sites from 1,500 to 1,540; and by adding a new section governing signage guidelines for all signage to be implemented into West Ranch; rezoning the additional 20.445 acres of land from SFR to PUD-Cluster Homes; 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 Hill. The motion was approved 6-0. ACTION ITEM ""Councilmember Brown made a motion to allow Councilmembers to provide direct contact information on the bio page of the City website. ,.._ Seconded by Councilmember Barr. The motion was approved 4-2 with Mayor Smith and Councilmember Barker opposed. 07/12/2010 3367 � Discussion was held between Mayor, Council and City Manager regarding the appropriateness of having on the website, or that particular section of the website, is a potential workshop item, should be left to City Manager discretion, are there unintended consequences, does not need to micromanage City Manager, allow him to do it, is within his purview, only one Councilmember request website change, etc. RESOLUTIONS *'`Councilmember Barr moved to approve Resolution R2010-26 - a Resolution of the City of Friendswood affirming and ratifying Mayor David Smith as the City's representative at the Rural Public Transportation Conference and the Public Hearing held in connection with the creation of the Galveston County Transit District. Seconded by Councilmember Holbert. The motion failed 3-3 with Councilmembers Barker, Hill, and Brown opposed. Discussion was held between Mayor and Council regarding confusing expectation regarding the conference, whether ratifying what Mayor signed at the conference, resolution was not for Friendswood to join the district, was following guidelines, have a voice in what they are doing, is not appointing Mayor as designee, not giving Mayor authority, deadline of August 1, 2010, to have a seat on that board. **Councilmember Brown moved to deny Resolution R2010-27 - a Resolution of the City of Friendswood affirming the City of Friendswood's full membership into the Galveston County-Wide Urban-Rural Transit District and selecting an elected officer of the City of Friendswood to serve as a member of the Governing Board of the District. ..��. Seconded by Councilmember Hill. Discussion was held befinreen Mayor and Council regarding this resolution with Mayor Smith stating only heard from one citizen, does not know if that citizen had all information, need to join the district, if do not want rail needs money to go back to Friendswood, Metro wants rail so if do not get the money back will go to rail, money goes to Connect Program which will go away, transit district is opportunity to get money back, take away from Metro, right now has no say-so on how money is spent, provide no service to Friendswood, money for Connect comes from Galveston County, tell them money wants to stay in Friendswood, can amend the resolution at any time, if it becomes a taxing entity can remove ourselves from district, there are politicians and consultants being paid right now to Metro, money is already gone, picture a fixed bus route in downtown to go to library, activity center, church, grocery store, parks, Park and Ride, etc., is short sighted that are not looking forward, what about 10 years from now, this is Friendswood's shot and its seat at the table, will have no influence if do not opt in now. Councilmember Brown stated most of persons that live in Friendswood take advantage of Metro because they work downtown, has not heard salient reasons to do, would be different if the person promoting it could give her a good reason to. Councilmember Barr stated he has spent lots of time and research on this, currently has a senior program with a bus in disrepair, did not realize this bus was used to pick up seniors, do not see Park and Ride's going from Friendswood to Houston, does not see a bus in Friendswood going around to pick people up or transport, only way he could support, could opt out of transit district for any reason. Friendswood is the only community that does not have 8.25 sales tax, is not interested in funding a bus program for south Galveston County. If could have a bus that will hold seniors with place for wheelchairs and transportation would have to keep his mind open. � 07/12/2010 3368 � Councilmember Barker stated does have a senior issue in this town, has seen walking along the side of the road, could have our own program for seniors to get them around. City Manager Roger Roecker stated it would take more Staff, and $150,000 to buy bus. Councilmember Barr stated the resolution states at any time a municipality could opt out, put him back in the middle because he was against it. Councilmember Brown stated if you can opt out anytime does not give comfort, becomes a political football. Councilmember Barr stated what has to gain, Galveston needs us, would not hurt us anywhere, wanted to find out how to get EI Dorado done or Brittany Bay done but could not get done. "*"Councilmember Brown stated she would like to call the question. The motion to call the question was approved 5-1 with Mayor Smith opposed. The main motion failed 3-3 with Mayor Smith and Councilmembers Barr and Holbert opposed. ***'`*Mayor Smith made a motion to approve the resolution. The motion failed 3-3 with Councilmembers Barker, Brown and Hill opposed. *"Councilmember Holbert moved to approve Resolution R2010-28 - a Resolution of the City of Friendswood suspending the August 6, 2010, effective date of CenterPoint Energy Houston Electric ,� LLC'S requested rate change to permit the City time to study the request and to establish reasonable rates; approving cooperation with the Gulf Coast Coalition of Cities; hiring Lloyd Gosselink Attorneys and Consulting Services to negotiate with the company and direct any necessary litigation and appeals; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel. Seconded by Councilmember Hill. The motion was approved 6-0. *"Councilmember Barr moved to approve Resolution R2010-29 - a Resolution of the City of Friendswood finding that CenterPoint Energy Entex's ("CenterPoint's" or "company's") Cost of Service Adjustment ("COSA") filing; within the City should be denied; finding that the City's reasonable rate case expenses shall be reimbursed by the company; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel. Seconded by Councilmember Holbert. The motion was approved 6-0. ORDINANCES "*Councilmember Brown moved to approve the First reading of Ordinance No. T2010-16, An Ordinance of the City of Friendswood amending Appendix C of the Code of Ordinances of the City of Friendswood, Texas, said Appendix C being the Zoning Ordinance of the City, by changing the Zoning Classification of a tract of land located at 408 S. Friendswood Drive (Abst. 151, Page 5, Lots 7 & 8 and 13, Harvey & Stout, of Block 2, Friendswood) from Downtown District (DD) to Downtown District Specific Use Permit (DD-SUP); providing for the granting of a Specific Use Permit to authorize the use of said property within the district for operation of a Farmers Market, with conditions; 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 provisions hereof; and providing for severability. Seconded by Councilmember Holbert. 07/12/2010 3369 � *""Councilmember Holbert moved to table Ordinance T2010-16 amending Appendix C of the Code of Ordinances. Seconded by Councilmember Hill. The motion to table was approved 6-0. *"Councilmember Hill moved to approve the First and final reading of Ordinance No. T2010-18, An Ordinance of the City of Friendswood amending City of Friendswood, Texas, Ordinance No. 2009-22, passed and approved June 21, 2010, same being an ordinance approving and adopting the City's General Budget for Fiscal Year 2009-2010, by approving "Budget Amendment VII" to the "Original General Budget of the City of Friendswood, Texas, for the fiscal year 2009-2010"; providing for supplemental appropriation and/or transfer of certain funds; providing for severability; and providing other matters related to the subject. Seconded by Councilmember Barker. The motion was approved 6-0. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Brown stated she would like to announce if any college students are interested in being her intern to assist with Council duties to let her know, needs to move forward with strategic planning and communications policy, is open to any information anyone has available to provide, enjoyed the 4th of July celebrations, brought back memories from her childhood. Councilmember Barker disagreed with Councilmember Brown's request for an intern and believes it is improper, is unprecedented, to defer duties and responsibilities is totally improper, also requested that the budget amendment for the Animal Control facility be placed on the next agenda. Councilmember Barr thanked everyone for the 4th of July celebrations. � Councilmember Hill thanked the Fourth of July Steering Committee and thanked Community Services Director James Toney for a difficult job well done on the 4th of July celebrations, agrees with Councilmember Barker about the intern issue. Councilmember Holbert also thanked Community Services Director James Toney, was out of town during 4tn of July but heard good comments. Mayor Smith thanked Staff and the Fourth of July Steering Committee for the 4t"of July celebrations. CONSENT AGENDA "*Councilmember Holbert moved to approve the Consent Agenda as presented A. Authorizing acceptance of public improvements associated with the Deepwood Force Main project for the contractor's one-year maintenance period B. Approve an interlocal agreement with the Texas Department of Transportation to allow landscape development with entry signs to be located in the State's right-of-way at FM 518/Chelsea Lane and FM 2351/Beamer C. Authorize final acceptance of public improvements associated with the City Hall Parking Lot project and releasing the contractor from the one-year maintenance period D. Ratifying and confirming the Mayor's execution of the Emergency Management Performance Grant (EMPG) in the amount of $51,423 from the Governor's Division of Emergency Management E. Accept June 2010 Property Tax Report F. Approve Minutes of May 13, 2010, and May 24, 2010, Meetings Seconded by Councilmember Hill. The motion was approved 5-1 with Councilmember Brown opposed. «.,� 07/12/2010 3370 A motion was made and approved to adjourn at 11:44 PM. ; .._ � M or David J.H. Smith Attest: _.�-�-�—. � FR�E/y0 Melinda Welsh, TRMC O s� City Secretary � O� � o � * s � ��TF OF T�� � .._.