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HomeMy WebLinkAboutCC Minutes 2011-01-10 Regular 1/10/2011 3469 STATE OF TEXAS )( ""�` CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( JANUARY 10, 2011 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JANUARY 10, 2011, 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 PAT MCGINNIS COUNCILMEMBER BILL HOLBERT COUNCILMEMBER JIM BARR COUNCILMEMBER DEIRDRE BROWN CITY Al-fORNEY BILL OLSON CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH 7:00 PM—REGULAR SESSION Mayor Smith called the meeting to order at 7:00 PM. ,,,_„ The invocation was given by Pastor Jeff Smith with New Life Assembly of God. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. With concurrence of Council, Mayor Smith moved to the Public Hearing. RECONVENE PUBLIC HEARING Mayor Smith called the hearing to order to receive comments from the public, both oral and written, regarding the consideration of a Zone Classification change request for a tract of land containing 1.1945 acre tract of land out of Lot 1, Block 6, Friendswood Subdivision, Sarah McKissick League, property located at FM 518 at Whispering Pines Drive, Friendswood, Texas, Galveston County, to change from Community Shopping Center(CSC) to Downtown District(DD). Pastor Jeff Smith, Friendswood resident, asked for an explanation of the zoning request. Mayor Smith stated they are looking for a change opting into the Downtown District which has more specific requirements than other shopping center zonings. Community Development Director Morad Kabiri stated that legislation Council passed in 2008 for the Neighborhood Empowerment Zone stated fees would be waived for downtown development projects only if downtown improvements were done. Mayor Smith stated fees may be waived for development but there are more rules to follow. Hearing no further comments, Mayor Smith closed the Public Hearing. Mayor Smith called the hearing to order to receive comments from the public, both oral and written, regarding amending Appendix A, Sign Ordinance of the City of Friendswood Code of Ordinances, regarding handheld, vehicle signage and off-premise signage. � 1/10/2011 3470 Janis Lowe, Friendswood resident, addressed Council and asked if changes were made in the ordinance and does it exclude a business owner to stand on his property with a sign to advertise, understands if it "'""' blocks traffic but is otherwise against the ordinance. Hearing no further comments, Mayor Smith closed the Public Hearing. Mayor Smith called the hearing to order to receive comments from the public, both oral and written, regarding amending Appendix B, Subdivision Ordinance of the City of Friendswood Code of Ordinances, Section II, procedures for submission of plats regarding notifications. No one spoke in favor or against the proposed subdivision ordinance change. Hearing no comments, Mayor Smith closed the Public Hearing. Mayor Smith called the hearing to order to receive comments from the public, both oral and written, regarding amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to Section 7.Q., Schedule of District Regulations., district area and height regulations. (Regulation Matrix-Commercial Districts). No one spoke in favor or against the proposed amendment to the zoning ordinance. Hearing no comments, Mayor Smith closed the Public Hearing. Mayor Smith called the hearing to order to receive comments from the public, both oral and written, regarding amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendment to Section 7.5.2 Community Overlay District., Boundaries. No one spoke in favor or against the proposed amendment to the zoning ordinance. � Hearing no comments, Mayor Smith closed the Public Hearing. Mayor Smith called the hearing to order to receive comments from the public, both oral and written, regarding amending Appendix C, Zoning Ordinances of the City of Friendswood Code of Ordinances, regarding amendments to Section 8.J., Supplemental District Regulations, Performance Standards., regarding noise. Fred Krch, Friendswood resident, addressed Council and stated none of these ordinances mean a thing as written and he is not in favor of the change. Hearing no further comments, Mayor Smith closed the Public Hearing. Mayor Smith called the hearing to order to receive comments from the public, both oral and written, regarding amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to Section 8.J.10., Supplemental District Regulations., Performance Standards., regarding gasoline stations in Downtown District(DD). No one spoke in favor or against the proposed amendment to the zoning ordinance. Hearing no comments, Mayor Smith closed the Public Hearing. Mayor Smith called the hearing to order to receive comments from the public, both oral and written, regarding amending the City of Friendswood Code of Ordinances, Chapter 26, Environment., Article IV. Weeds, Brush, Rubbish., regarding adding certain provisions and making certain text changes. � 1/10/2011 3471 Janis Lowe, Friendswood resident, addressed Council and stated it is impossible to mow after rainy � weather so the ten-day stipulation should be ten days of good weather. Hearing no further comments, Mayor Smith closed the Public Hearing. With concurrence of Council, Mayor Smith moved to Speciaf Recognition and Acknowledgments. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS Mayor Smith presented a proclamation recognizing National Community Education Day to Leanna Bridgett, Director of Community Education with Friendswood Independent School District. Ms. Bridgett stated Community Education is in its 35'h year of service to the community and thanked Council for their support. COMMUNICATIONS FROM THE PUBLIC Fred Krch, Friendswood resident, addressed Council and stated he would like to wish Mayor Smith and Council a Happy New Year, and read a letter regarding "We the People Knowing". He further stated that today's youth do not know why the United States fought in England, and asked Council to read the Declaration of Independence. People can run their lives by the principles of the Ten Commandments, read excerpts from Habakkuk from the Holy Bible, and stated it is needed to get back to the basic fundamentals and principles. Janis Lowe, Friendswood resident, addressed Council and stated she supports Agenda Item number 12; the invoking of Rule 1 (A) of the Rules of Procedure, Agenda Item Number 13; regarding the rules and procedures for setting executive sessions, i.e., closed meetings, and 17A; Councilmember Brown's �,, communications regarding executive sessions/closed meetings and New Year resolutions. She stated she supports executive sessions under certain conditions but the continued use of executive sessions for Council's goals and wishes are not favored, keep government in the light. Bobbie Jones, Friendswood resident, addressed Council and stated she wants to discuss Agenda Item number 14; permitting the Estates at Autumn Creek Homeowners' Association to install a community monument sign within the City's right-of-way. She asked what a monument sign is and also asked if the sign has been presented to the Planning and Zoning Commission. Community Development Director Morad Kabiri stated it is an entryway sign similar to others and requires Council approval because it is in the right-of-way. Mayor Smith stated the question is whether or not Council will give permission to put the sign in the right-of way. Bobbie Jones stated that there is already an Autumn Creek sign there. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Zoning Board of Adjustment Chair Ron Dyer presented the annual report. He stated the Zoning Board of Adjustment had one application for 2010 which resulted in a unanimous vote to allow a ten foot setback for a brand new beautiful building for Boat Right Marine. With concurrence of Council, Mayor Smith moved to Agenda Item 9, Action Items. ACTION ITEMS **Councilmember Barr moved to approve a contract with Friendswood Historical Society for the maintenance and preservation of historical sites in the City and authorizing the Mayor to execute the contract. Seconded by Councilmember Hill. The motion was approved unanimously. 1/10/2011 3472 '`*Councilmember Barker moved to approve authorizing the purchase of a new fire truck for the Friendswood Volunteer Fire Department. """'" Seconded by Councilmember Barr. The motion was approved 6-1 with Councilmember Brown opposed. With concurrence of Council, Mayor Smith moved to Agenda Item 15A, Resolutions. RESOLUTIONS *"Councilmember Barker moved to approve Resolution R2011-01, a Resolution of the City Council of the City of Friendswood, Texas, appointing a Deputy City Secretary which will be Michelle Perez. Seconded by Councilmember Hill. The motion was approved unanimously. With concurrence of Council Mayor Smith moved to Agenda Item 19, Closed Executive Session. Councilmember Brown asked to address Agenda Item 13; Consideration and possible action regarding the procedure/Council Rules for setting executive sessions, i.e., closed meetings, of City Council in conformity with State Open Meeting laws, City Charter, City Ordinances and City Council meeting rules, before adjourning to Executive Session because she believes there needs to be a majority vote of Council. Mayor Smith explained the need to go into Executive Session now since the attorney was going to be on an airplane later in the meeting. Councilmember Brown asked for legal counsel to provide an opinion because the way the Executive Session is noticed on the agenda is not in compliance with City Council's Rules of Procedure. City Attorney Bill Olson stated the rules are clear, Council can go into Executive Session because it is a posted item and posted items can be taken out of order. Council has complied with all Open Meetings ....,. Act requirements as far as noticing the Executive Session and has the authority to suspend the rules if necessary. A Councilmember can make a motion either to go into executive session or not go into executive session. Councilmember Brown asked if action occurs in the meeting does Council have to come out to take an open vote to decide to move forward in the Wight litigation. Mayor Smith stated Councilmember Brown is talking over him and does not have the floor and asked Councilmember Barker to make his motion to suspend Rules of Procedure to take this item out of order. **Councilmember Barker moved to suspend Council's Rules of Procedures to the extent that will allow Council to have the Executive Session when Council chooses to have it. Seconded by Councilmember Barr. Councilmember Brown asked City Attorney Bill Olson who has the authority to take action discussed in a closed meeting if an action does not need to take place in an open meeting. Councilmember Barr stated he would normally have agreed to address Agenda Item 13 first but due to the time constraints on Attorney Bill Helfand's time schedule he supports going into Executive Session for this one matter. Councilmember McGinnis stated he would vote against the motion, agrees with Councilmember Brown, seems like the old bait and switch to him, was not aware of the time constraint and does not think this was the best move. .�., 1/10/2011 3473 Councilmember Brown referred to Councilmember Barr's statement that the Executive Session issue is �" time sensitive and stated that "time sensitive" suggests action is required. She asked if action taken on the Wight litigation issue has to occur in an open meeting and if not, who has the authority to take the action discussed in the closed meeting. There has never been an open discussion on action being taken. The Attorney General's rules say you cannot attend those meetings if you have any concerns regarding the appropriateness of them. ''*Mayor Smith overruled Councilmember Brown's question to the City Attorney. ***Councilmember Brown called for a vote on Mayor Smith's overruling. **'`*Mayor Smith called for a vote on those opposed to the overruling. The opposition to the overruling failed 2-5 with Councilmembers Brown and McGinnis in favor. CLOSED EXECUTIVE SESSION Council convened into Executive Session at 7:51 PM 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. (Wight Realty Interests, Ltd. vs. City of Friendswood, in the 405th Judicial District Court, Galveston County, Texas). Council convened into Regular Session at 8:33 PM with no action taken later in the meeting. CITY MANAGER'S REPORT City Manager Roger Roecker reported the Keep Friendswood Beautiful annual tree giveaway for „�,,,,, Friendswood residents will be held at January 22, 2010, at Friendswood City Hall. The doors will open at 8:00 AM and close by 10:30 AM or until the trees are gone, so come early for the best selection. Hundreds of seedlings will be given away to residents. Parks and Recreation Board members will be handing out information sheets on each species and a Master Gardener will be present to answer specific questions. The trees have been chosen based on their suitability for this area and will include Bald Cypress, Oak(several species), and many others. The City Manager reported that the City has been working with AT&T for several months to get the City's Public, Educational, or Governmental (PEG) channel on their U-Verse line-up and it should be up and running shortly after the New Year. The City learned that the PEG equipment was too outdated to provide the required signal to AT&T so a new computer that would output finro different formats was purchased to accommodate both Comcast's and AT&T's signals. In December 2010, AT&T confirmed a clear signal from the City and placed the broadcast on their `internal test channel' for several weeks in order to monitor the signal's quality. Consequently, the PEG channel will be available for viewing on or around January 10,2011. The City Manager reported that the Stadium Lane On-Street Parking project is nearing completion just in time for spring ball. As Council is aware, construction along Stadium Lane has been underway to develop 195 on-street parking spaces to serve Renwick Park and the nearby Friendswood Independent School District facilities. Last week the contractor completed pavement striping and installed car stops which complete the project and make it available for public use. Staff will present the project to Council for final acceptance when sufficient germination has taken place along all newly cut swales and drainage ditches. ACTION ITEMS **Councilmember Holbert moved to approve the disposition of Bid No. 2010-13 for installation of a New Natural Gas Powered Generator for the City Public Library and award to Storm Guardian Generators, L.P. Seconded by Councilmember McGinnis. 1/10/2011 3474 **"Councilmember Hoibert made a motion to amend to include that this is contingent upon the upcoming budget amendment to allow for matching funds. """' Seconded by Councilmember McGinnis. The amended motion was approved 6-1 with Councilmember Brown opposed. '`'`**The main motion, as amended, was approved. '`*Councilmember Barr moved to approve authorizing Council to invoke Rule 1(A) of the Rules of Procedure to schedule the second meeting in February 2011 on February 28 due to Washington's Birthday Holiday on February 21. Seconded by Councilmember Holbert. The motion was approved unanimously. **Councilmember Brown moved to discuss the procedures/Council Rules for executive session, i.e. closed meetings, of City Council in conformity with State Open Meeting laws, City Charter, City Ordinances and City Council meeting rules. Seconded by Councilmember McGinnis. Lengthy discussion was held between Mayor and Council regarding this item. ''**Councilmember Brown moved to withdraw her motion to discuss the procedures/Council Rules for executive session, i.e. closed meetings, of City Council in conformity with State Open Meeting laws, City Charter, City Ordinances and City Council meeting rules. ****Councilmember Brown made a motion that executive sessions may be noticed by the City Manager or City Secretary but must require a majority vote to be held, whether at a Special Meeting or a Regular Meeting; that certified agendas comply with the Attorney General's rules; and/or that the meetings are recorded; that the Council vote openly whether the meetings will be recorded or maintained by certified agenda; that Council officially delegate the City Secretary as the custodian of the recordings or certified agendas; and that the notice provided to the public is sufficient to allow for public comment at the meeting �"` at which the closed session is held. Seconded by Councilmember McGinnis. Further lengthy discussion was held between Mayor and Council regarding this item. *****Councilmember Brown made a motion to amend the main motion to require a majority vote of Council prior to any executive session to allow for the executive session. Seconded by Councilmember McGinnis. The amended motion failed 2-5 with Mayor Smith and Councilmembers Barker, Barr, Hill, and Holbert opposed. **Councilmember Holbert moved to approve permitting the Estates at Autumn Creek Homeowners' Association to install a community monument sign within the City's right-of-way. Seconded by Councilmember Barr. The motion was approved unanimously. ORDINANCES *"Councilmember Barr moved to approve the Second and Final reading of Ordinance 2010-36, 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 1.1945 acre tract of land located at FM 518 at Whispering Pines, within the City, from Community Shopping Center(CSC)to Downtown District(DD), such tract also being a 1.1945 acre tract of land out of Lot 1, Block 6, Friendswood Subdivision, Sarah McKissick League, Abstract 151, Galveston County, Friendswood, 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 Hill. The motion was approved unanimously. 1/10/2011 3475 **Councilmember Barr moved to approve the Second and Final reading of Ordinance 2010-37, 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 19'h day of November, 1984, and being the Zoning Ordinance of the City, by amending Section 7.5 "Community Overlay DistricY' by amending Subsection (2) by expanding the boundaries of the Community Overlay District; providing a penalty of an amount not to exceed $2,000 for each day of the violation of any provision hereof; and providing for severability. Seconded by Councilmember Hill. The motion was approved 6-1 with Councilmember Brown opposed. '`'`Councilmember Barr moved to approve the Second and Final reading of Ordinance 2010-38, an ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix B "Subdivisions", and being an ordinance providing rules and regulations governing plats, by amending Sections II(B)(4), II(C)(4) and II(E)(3), to require the mailing of ineeting notices to property owners within 200 feet of the exterior boundary of any property subject to certain applications for preliminary plat, final plat or short form final plat; providing a maximum penalty in an amount of $2,000 for violation of any provision hereof; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; and providing for severability. Seconded by Mayor Smith. The motion was approved 6-1 with Councilmember Brown opposed. "*Councilmember Holbert moved to approve the Second and Final reading of Ordinance 2010-39, 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 amending Section 8, Supplementary District Regulations, Subsection J, Performance Standards Subsection 2(A) to make the Noise Standards of the Zoning Ordinance consistent with Chapter 54 of the City Code; 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 6-1 with Councilmember Brown opposed. *"Councilmember Holbert moved to approve the Second and Final reading of Ordinance 2010-40, an Ordinance amending Appendix A of the Code of Ordinances of the City of Friendswood, Texas, being the City's Sign Ordinance, by amending Section 1 thereof by adding a definition for "Handheld Sign"; by amending Section 14, entitled "Portable Signs," by providing for regulation of handheld signs; and by amending Section 24, entitled "Signs on Vehicles," by providing for regulation of vehicles displaying advertising; providing a maximum penalty in an amount of $2,000 for violation of any provision hereof; repealing all ordinances of parts of ordinances inconsistent or in conflict herewith; and providing for severability. Seconded by Councilmember Barr. The motion was approved 5-2 with Councilmembers Brown and McGinnis opposed. ""Councilmember Holbert moved to approve the Second and Final reading of Ordinance 2010-41, 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 amending the Regulation Matrix Tale and notes for Commercial Districts contained in Section 7-Q District Area and Height Regulations by adding letters that reference the corresponding matrix notes and by adding additional notes from other section of the ordinance to the matrix; 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 thereof; and providing for severability. Seconded by Councilmember Brown. The motion was approved unanimously. '`'`Councilmember Barr moved to approve the Second and Final reading of Ordinance 2010-42, an ordinance amending Appendix C of the Friendswood City Code, said Appendix C adopted the 19t" day of November, 1984, and being the Zoning Ordinance of the City, by deleting Subsection J(10)of Section 8, � 1/10/2011 3476 "Supplementary District Regulations"; 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 Holbert. The motion was approved 6-1 with Councilmember Brown opposed. "*Councilmember Barr moved to approve the Second and Final reading of Ordinance 2010-44, an Ordinance amending City of Friendswood, Texas, Ordinance No. 2009-22, same being an ordinance approving an adopting the City's General Budget for fiscal year 2009-2010 by approving "Budget Amendment XI" to the "Original General Budget for the City of Friendswood, Texas, for fiscal year 2009- 2010"; providing for severability; and providing other matters related to the subject. Seconded by Councilmember Holbert. The motion was approved 6-1 with Councilmember Brown opposed. "*Councilmember Barr moved to approve the Second and Final reading of Ordinance 2010-45, an Ordinance amending Article IV of Chapter 26 — Environment by adding certain provisions and making certain text changes thereto by adding the term "grass" to the definition of"weeds", declaring a nuisance to exist when grass and weeds grow to a height in excess of twenty-four inches (24") less than fifty feet 50') from adjacent property or a right-of-way on uncultivated land, allowing the City to abate nuisances under this article by notice provided in accordance with state law, and authorizing the City to contract with third parties to abate any nuisances under this article; 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 Holbert. The motion was approved 6-1 with Councilmember Brown opposed. *"Councilmember Holbert moved to approve the First reading of Ordinance T2011-01, an Ordinance altering the prima facie speed limits established for vehicles under the provisions of § 545.356. Texas Transportation Code, upon the basis of an engineering and traffic investigation, upon certain streets and highways, of parts thereof, within the corporate limits of the City of Friendswood as set out in this ordinance; and providing a penalty of a fine not to exceed $200 for the violation of this ordinance. �" Seconded by Councilmember Brown. The motion was unanimously approved. *"Councilmember Holbert moved to approve the First and Final reading of Ordinance 2011-02, an Ordinance amending City of Friendswood, Texas, Ordinance No. 201-28, passed and approved October 4, 2010, same being an ordinance approving and adopting the City's General Budget of the City of Friendswood, Texas, for fiscal year 2010-2011; providing for severability; and providing other matters related to the subject. Seconded by Mayor Smith. The motion was approved 6-1 with Councilmember Brown opposed. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmembers Barker, Hill, and Holbert stated they had no report. Councilmember Brown stated she will not discuss the item she had placed on the agenda because she spoke about it earlier in the meeting, ran the Holiday Hustle 5K, will do another marathon at the end of March and will do better than the Holiday Hustle pace, encourages others to become physically fit, prayers go out to all involved in the tragedy of the shooting of Senator Giffords and others this past weekend. Councilmember McGinnis stated he seconded Councilmember Brown's thoughts and prayers regarding the carnage in Tucson, Arizona. He further stated he attended the Harris County Mayor and Council's Association meeting last month and they were happy to see a Friendswood representative in attendance and encourages his colleagues to attend, looks forward to a prosperous and productive new year with Council. � Councilmember Barr reminded everyone of the tree giveaway on Saturday, January 22, 2011, and be sure to get there early. 1/10/2011 3477 Mayor Smith asked City Secretary Melinda Welsh to make contact with the scheduler for hosting a "r' meeting of the Harris County Mayor and Council's Association, wished Friendswood citizens and fellow Councilmembers a Happy New Year, have hopes that this year will be better than last, is more clear and stable as to how to move forward both as a community and as a country, and wishes the best of health and prosperity in the new year for everyone. CONSENT AGENDA Councilmember McGinnis requested that Item A and Councilmember Barker requested that Item D be removed for discussion from the Consent Agenda. '`*Councilmember Holbert moved to approve the Consent Agenda as presented with the exception of Items A—Approving a contract renewal with Beck Disaster Recovery, Inc. for disaster recovery services and Item D —Approve the endorsement for the reappointment of Paul Maaz to the Board or Directors of the Harris-Galveston Subsidence District. B. Authorizing the acceptance of public paving and utility improvements associated with West Lake at West Ranch Section 1 for the contractor's one-year maintenance period. C. Authorizing the acceptance of public paving and utility improvements associated with The Reserve at West Ranch Section 1 for the contractor's one-year maintenance period. E. Ratifying and confirming the execution by the Mayor of the amendment to the City's Performance Statement for the Texas Department of Rural Affairs (TDRA) Community Development Block Grant (CDBG) Hurricane Ike Disaster Recovery Contract. F. Accept November 2010 Property Tax Report Seconded by Councilmember Hill. The motion was approved 6-1 with Councilmember Brown opposed. **Councilmember Holbert moved to approve a contract renewal with Beck Disaster Recovery, Inc. for disaster recovery services. Seconded by Councilmember Barker. The motion was approved 5-2 with Councilmembers Brown and � McGinnis opposed. ""Councilmember Holbert moved to approve the endorsement for the reappointment of Paul Maaz to the Board of Directors of the Harris-Galveston Subsidence District. Seconded by Councilmember Hill. The motion was approved 4-3 with Councilmembers Barker, Brown, and McGinnis opposed. *"Councilmember Brown made a point of information asking if the motion to dispense with the rules was just for Wight Realty or for all matters. Mayor Smith responded that his understanding was to split the Executive Sessions up in order to take the meeting out of order of the agenda. **Councilmember Brown made a point of order citing the City Council meeting rules require a majority vote for any deviation from the regular meeting and the issues she has raised before regarding the City Charter. "**Mayor Smith overruled the point of order and asked if Councilmember Brown would like a vote from Council on the overruling, she replied yes. "***Mayor Smith asked for a vote in favor of overruling the point of order and the overruling was approved 6-1 with Councilmember Brown opposed. **Councilmember Brown moved to dispense with the rules for the other two items. Mayor Smith stated there are no more items on the agenda on which to make additional motions. Councilmember Brown stated she is referring to Item 19 Executive Session and it is proper move to ,._. dispense with the rules for the other two items. 1/10/2011 3478 Mayor Smith stated Council is adjourning into Executive Session and will return to close the meeting. ..AQ CLOSED EXECUTIVE SESSION Council convened into Executive Session at 10:35 PM in accordance with the Texas Government Code, pursuant to Section 551.071 — Consultation with attorney concerning pending or contemplative litigation; a settlement offer; or a matter in which the duty of the attorney requires it (City of Friendswood vs. Southwestern Bell Telephone, LP dba AT&T Texas, in the 333�d Judicial District Court, Harris County, Texas; and potential litigation involving claim received from Ajay Jain). Council convened into Regular Session at 11:26 PM with no action taken later in the meeting. Mayor Smith adjourned the meeting at 11:27 PM. I i . mit Attest: � �� FR�ENQ��L � �^ 1��� '� O � O Melinda Welsh, TRMC V � City Secretary * * � ���rF OF ���Py ..�.