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HomeMy WebLinkAboutCC Minutes 2011-02-07 Special 2/07/2011 3493 � STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( FEBRUARY 07, 2011 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY FEBRUARY 07, 2011 AT 6:30 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 JIM BARR COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER BILL HOLBERT COUNCILMEMBER DEIRDRE BROWN CITY ATTORNEY BILL OLSON CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH Mayor Smith called the meeting to order. **Councilmember Brown made a point of order stating the meeting does not have any allowance for ,�, public comment prior to the Executive Session. Mayor Smith stated that Councilmember Brown's observation is not a point of order because there is no issue to discuss that would support a point of order according to Robert's Rules of Order. Councilmember Brown asked for a cite to Robert's Rules of Order that states that a point of order is not used. Mayor Smith stated a point of order is used to correct something that has been done incorrectly. Councilmember Brown stated the agenda was done incorrectly and that is her point of order. **"Mayor Smith asked for an objection to the ruling and a second. *"""Councilmember Brown made an objection to the ruling. The motion died for lack of a second. CLOSED EXECUTIVE SESSION Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.071 - Consultation with Attorney; pending or contemplated 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). Council closed the Executive Session at 6:51 PM and convened into Regular Session at 7:00 PM with .-� action taken later in the meeting. 2/07/2011 3494 � 7:00 PM—REGULAR SESSION Mayor Smith called the meeting to order. The invocation was given by Pastor Skip Negley with Mary Queen Catholic Church. 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 Agenda Item 4D, Special Recognition and Acknowledgements. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS Mayor Smith read a proclamation celebrating February 19, 2011, through February 26, 2011, as"National Future Farmers of America (FFA) Week" in the City of Friendswood. Councilmember Holbert stated that he was able to attend the Fort Worth Livestock Show, the children were at the barn at 5:00 AM every morning with no complaints and did not leave until late evening. Friendswood was presented very well in the competition and they are wonderful ambassadors to the City. Mayor Pro-Tem Hill stated Councilmember Holbert got him involved with helping at the FFA facility and it is a pleasure to watch the children. He stated the FFA program really breeds a lot into the character of the children and he is proud to be a part. Councilmember Holbert presented the proclamation to Trevor Reifel, FFA sponsor for Friendswood Independent School District who thanked Councilmembers Holbert and Hill for all they have done and invited the public to tour the facility on Baker Road from 4:00 PM to 6:00 PM during National Future Farmers of America Week. � City Manager Roger Roecker introduced Jim Cooksey, Manager of Financial Services for the Gulf Coast Waste Disposal Authority, and past president of the Gulf Cost Chapter of the Government Finance Officer's Association. Mr. Cooksey presented to the City of Friendswood Administrative Services Staff the Certificate of Achievement for Excellence in Financial Reporting (CAFR) for 2008-2009. He stated this is the 22"d consecutive award the City of Friendswood has received. Administrative Services Director Cindy Edge accepted the award on behalf of Staff. City Manager Roger Roecker presented the Five Star Spirit Employee Award for the Fourth Quarter of 2010 to Catherine Gray, Code Enforcement Officer in the Community Development Department. Roger Roecker stated Ms. Gray has been with the City of Friendswood since 2009. He further stated enforcement of laws and regulations is a difficult job and it is significant that Ms. Gray does it in such a manner that she was nominated for this award by a resident. The resident who nominated her stated "Cathy's can-do attitude is infectious and the results of her service truly shine. Friendswood is lucky to have her". City Manager Roger Roecker and Community Services Director James Toney presented the Chamber of Commerce Citizen of the Year award to Keep Friendswood Beautiful Chairman Sherry Goen. Mrs. Goen asked all present Keep Friendswood Beautiful committee members to stand, and introduced committee members Frank Garza, Patricia Steinke, Loretta Murphy, Susan Stephens, and Martha Cotton. She thanked Council for their support, especially Councilmember Barr and Community Services Director James Toney and the Community Services Department. Councilmember Barr stated the members of Keep Friendswood Beautiful are to be commended also, is not sure that the citizens of Friendswood are aware of all that this committee does not just in the parks but throughout the City, are a great group of people who always give to the community and is proud to be their Council liaison. ...� ���..��...�....��� 2/07/2011 3495 � JOINT DOCKETED PUBLIC HEARING Mayor Smith and Planning and Zoning Commission Chair Kevin Holland called the hearing to order to receive comments from the public, both oral and written regarding the consideration of amending a Specific Use Permit — Religious Organization Purposed (Ordinance No. 2003-02), 8.136 acre tract, for property located at 1804 S. Friendswood Drive, Sarah McKissick League, Friendswood, Galveston County, Texas, to expand existing and proposed buildings, shift the footprint form existing Specific Use Permit and add additional parking (Hope Lutheran Church). Planning and Zoning Commission Chair Kevin Holland asked if anyone would like to speak in favor of amending the Specific Use Permit. Stan Beisert, Friendswood resident, stated he lives on the lots that border the church property, supports the landscape buffer waiver request, is glad to see that the site plan shows that most trees stay, hopes that trees lost in the construction would be replaced, supports a lighting plan with low illumination and no spillover. Planning and Zoning Commission Chair Kevin Holland asked if anyone would like to speak in opposition of amending the Specific Use Permit. Hearing no further comments, Chair Kevin Holland closed the Planning and Zoning Commission's portion of the Joint Pubic Hearing and adjourned to the upstairs conference room. Council's portion of the Joint Public Hearing remained open. r--. PUBLIC HEARING Mayor Smith called the hearing to order to receive comments from the public, both oral and written regarding the consideration of an application to the Texas Department of Housing and Community Affairs (TDHCA) to secure housing tax credits for a proposed affordable rental senior apartment community fronting FM 2351 on a parcel between Woodlawn and Garden Drive. Councilmember Holbert stated he would recuse himself from this discussion due to a work conflict. Mayor Smith asked if anyone had comments regarding the proposed application. AI Torres, Friendswood resident, addressed Council and stated he is the owner of Monte Bello subdivision. The proposed project would back up to Monte Bello subdivision and believes it would be a big plus for Friendswood. He stated he is also president of the Homeowners Association and the Homeowners Association supports it. Hearing no further comments, Mayor Smith left the Public Hearing open until the supporting agenda item is presented later in the meeting. COMMUNICATIONS FROM THE PUBLIC Robert Lynch, Friendswood resident, addressed Council and stated he is addressing Agenda Item 26C, potential litigation involving a claim received from Ajay Jain. He suggested a review of how the City courts new businesses, clear roles, responsibilities and accountabilities need to be established, clear rules of engagement for businesses need to be established because if they have been established they ^ have failed. The City is in a lose-lose situation because of a possible lawsuit. 2/07/2011 3496 ..�. Jackie Gibson, Friendswood resident, addressed Council and stated she is here to speak regarding the demand letter presented to the City by Ajay Jain's attorney referencing the proposed Sleep Inn Hotel at 2355 W. Parkwood Avenue. She stated she is not against a hotel or development in Friendswood but is against a motel across the street from a public school. Abutting a residential subdivision will devalue the surrounding properties, and does not fit in with the harmonious development of the area. Ms. Gibson stated according to Section 245 of the Local Government Code, Mr. Jain is not vested on this property, quoted the reference portion of the Local Government Code and stated a plat or a drainage plan is not a City permit because they do not define a use for the property but deal only with the dirt. She stated that Mr. Jain does not now nor has he ever had a permit and as such he must follow the City's current ordinances requiring Special Use Permit (SUP) applications. All developers must follow the rules, and not requiring an SUP application is not only breaking the law but also violating the trust of those placing Council in office, must manage the City's affairs with diligence and prudence by requiring an SUP application in a Commercial Shopping Center zoning. Mr. Jain should have submitted an SUP application along with his site plans in August 2010 but it was not required. She stated that processes need to be followed and is Council afraid to ask the City Attorney for his opinion on vesting because they are afraid of what he might say. Garret Kroesen, Friendswood resident, addressed Council and stated he lives in the Boca Raton subdivision and will not belabor the same points brought up tonight, but agrees that the Sleep Inn Hotel is not a good idea for the proposed location, moved to Friendswood eight to ten months ago and is glad to be here because the attraction is the sense of community, and Friendswood provides a better sense of security than other communities. He introduced his daughter Jennifer and urged Council to consider decisions that would help keep children safe. Nancy Drobniak, Friendswood resident, addressed Council and stated she has lived in Friendswood for � 20 years, and as it stands, believes that her adult son will not remain in Friendswood because he will not raise his children in an area in which there is a possible increase in crime and activities that are unwanted by the homeowners. She stated that she felt secure and comfortable when she first moved here but that is not true now, trusted Council to look after the interests of the citizens of Friendswood, is now skeptical of every action of this Council and Ptanning and Zoning Commission, cannot believe that any rational mind of the representatives of Friendswood could believe a hotel at the proposed location is a good business venture, is not good for her, not good for her son, her neiq�hbors or the community, resents being here to talk about this because she is missing her mother's 97 birthday to be here. She stated that she would like Council to act responsibly for the citizens as well as the neighborhood. Charles Prendergast, Friendswood resident, addressed Council and stated he would like to urge Council not to authorize the City Staff to issue a building permit for the Sleep Inn Hotel, and to quote Yogi Berra, "This is d�ja vu all over again". City Council and the Planning and Zoning Commission have heard all of the arguments against this repeatedly since November 2009, and now the developer has threatened legal action. He stated that Council should not allow this enterprise to go forward and the developer should move on, and Council needs to listen to citizens. Sylvia Prendergast, Friendswood resident, addressed Council and stated she would like to make some observations regarding the certified letter sent from the Fuhr Law Firm dated December 15, 2010, regarding the "Choice Motel". She stated Friendswood residents found out about it through an article in the Friendswood Journal, and is grateful the letter acknowledged objections from nearby residents. The Planning and Zoning Commission voted unanimousty against approval citing concerns of safety, privacy, and economics such as decreased property values, lack of community support, incompatibility with nearby area, lack of notice, potential drainage issues, and stated the citizens of Friendswood still have all of those concerns. --* . .�..�... 2/07/2011 3497 �. Judy Kimball, Friendswood resident, addressed Council and stated she would like to thank the Friendswood Police Department for protecting the women of the City by offering the Rape Aggression Defense (RED) class. She stated that police officers Kevin Crouch, Jason ives, and Suzanne Sampson were required to get specialized training in order to offer this class in Friendswood. Her father was a lawman and her son is a Friendswood officer. Information taught in this class will save lives. Every middle school girl should take this class, and is more than worth the $25 fee. Senior citizens have taken the class and have benefited. Educated awareness can save lives. The Laura Recovery Center funded part of the equipment needed for the class. She thanked Jim and Sandra Baylor, Police Chief Bob Wieners and the Friendswood Police Officers Association who helped with the donations. The Friendswood Community Church donates a room in which to hold the classes, and the Friendswood police officers donate their time. She stated she would like to encourage all women to take the class. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Dr. Alexander Young, III, DVM, Chair of the Animal Shelter Advisory Committee, gave the committee's annual report. He thanked Council for their support and reported that the committee has held 12 meetings in 2010. The first priority was to evaluate proposed locations for a new animal shelter and after the location was determined the priority became the design. He stated the total number of animals impounded in 2010 was 915 with 55 percent being returned to the owners and 25 percent being euthanized. The proposed new facility has a very functional floor plan to make the animal control officers very effective for a number of years. The committee has helped to utilize the volunteer force while remaining in the appropriate constraints. There is currently a very strong and active volunteer force so it has been necessary to update and revise Staff policy and volunteer manuals which they hope to complete by April 2011. The anticipated activities for 2011 will be to continue to work on the new animal � shelter with groundbreaking by June 01, 2011. Councilmember Barker thanked all involved, appreciates the hard work, and cannot wait for the groundbreaking ceremony. Councilmember Brown thanked the committee members and volunteers, asked if the fee structures have been discussed because they seem low. Dr. Young stated the committee will be looking at fees very closely and will propose changes in the future. Councilmember McGinnis stated the committee has seen the number of volunteers really grow and he asked if they can work on growing that number even more, look to the Friendswood Volunteer Fire Department (FVFD) and Emergency Medical Service (EMS), and will help with personnel and operating costs. Dr. Young stated the committee hopes a new, larger facility will attract more volunteers. Mayor Smith stated Councilmember McGinnis had previously brought up taking donations and would like for the committee to work on that. Councilmember Brown stated the animal control facility cannot currently take donations like the EMS can because the EMS is a contracted entity. The animal control facility is run by a City committee that is giving a report tonight and not a volunteer group like the EMS. She stated that later in the meeting during Council comments she will offer suggestions on ways that voluntary donations could be made and would ask if the Animal Control Advisory Committee finds it appropriate to review those, they are part of the agenda packet. CITY MANAGER'S REPORT `� City Manager Roger Roecker reported on the equity return expected from the Texas Municipal League (TML) Intergovernmental Risk Pool. He stated that in August, TML Intergovernmental Risk Pool informed the City of Friendswood that it would be receiving an equity return this year in the amount of $37,007. 2/07/2011 3498 ..,� This return is based on the low loss ratio in the coverage lines of workers' compensation, property and liability during the last five fiscal years. The check was received in January 2011. The funds were included as revenue in the adopted 2010- 2011 budget. The City Manager reported that because of the safe work practices by City staff over the past five years, the loss ratios to determine the City's equity return were based on the maximum allowed percentage in each area of coverage. This safe work history is no accident; it is a collaborative effort of City Staff and administration in developing a corporate culture that promotes safe work habits. These safe work habits not only translated into equity returns that have totaled more than $180,000 in the last five years, but also results in lower contributions, translate "premiums", in future years. The City's and employees' commitment to safety is demonstrated by this year's equity return of $37,007. This safety culture has saved taxpayers thousands of dollars either directly or indirectly by limiting productivity losses resulting from accidents. Employees' safe work practices and the training efforts of our Safety Coordinator and supervisory Staff throughout the City are appreciated. The City Manager stated that he will forgo the new animal control facility update due to the informative annual report given by Dr. Young. Councilmember Brown left Council Chambers at 7:57 PM. ACTION ITEMS *"Councilmember Ho�bert moved to approve Exxon Mobil's and other pipeline companies' request for City of Friendswood's acceptance of certain terms and conditions associated with the reconstruction of Melody Lane and authorizing the Mayor to execute the acceptance letters. Seconded by Councilmember Hill. The motion was approved 5-1 with Councilmember Barr opposed. ..�.�. Councilmember Brown returned to Council Chambers at 8:02 PM. **Councilmember Barr moved to approve ratifying and confirming the execution by the Mayor of the Master Grant Agreement of the Public Transportation Division of the Texas Department of Transportation (TxDOT) Federal Highway Elder�y and Persons with Disabilities Transportation Program, commonly known as the Section 5310 Program, for a new bus for the Friendswood Senior Citizens Program. Seconded by Councilmember Barker. The motion was approved unanimously. '`*Councilmember Barr moved to approve ratifying and confirming the execution by the Mayor of the Texas Parks and Wildlife Recreational Trails Grant allowing the creation of a hike and bike trail system in the City. Seconded by Mayor Smith. The motion was approved 6-1 with Councilmember Barker opposed. '`*Councilmember Barr moved to approve the application for a Texas Parks and Wildlife Recreational Outdoor Grant for the future development of Lake Friendswood as a recreational park in the City and authorizing the Mayor to execute the application. Seconded by Councilmember Holbert. "*"Councilmember Barr amended the motion to appropriate $200,000 out of the reserves toward the potential grant opportunity to be equally matched by the State to make it possible to get Lake Friendswood open. Seconded by Councilmember Holbert. The amended motion failed 3-4 with Councilmembers Barker, Brown, Hill, and McGinnis opposed. � ****The main motion, as amended, failed. 2/07/2011 3499 � **Councilmember Hill moved to approve disposition of Bid 2011-01 for the instailation of Natural Gas Emergency Generators for 12 Lift Stations-Group A (Texas Department of Rural Affairs Disaster Recovery Grant) and award to Generator Power Systems. Seconded by Councilmember Barr. The motion was approved unanimously. Planning and Zoning Commissioner Chair Kevin Holland entered Council Chambers at this time and reported that the Planning and Zoning Commission voted unanimously to approve and recommend to Council amending the Specific Use Permit— Religious Organization Purposed (Ordinance No. 2003-02), 8.136 acre tract, for property located at 1804 S. Friendswood Drive, Sarah McKissick League, Friendswood, Galveston County, Texas, to expand existing and proposed buildings, shift the footprint form existing Specific Use Permit and add additional parking (Hope Lutheran Church) and further stated that the applicant try, to the best of their ability, to have the lights face away from the home owners. Mayor Smith called a brief recess at 9:00 PM. With the concurrence of Council, Mayor Smith moved to Agenda Item 22C, Ordinance T2011-05. ORDINANCE **Councilmember Barr moved to approve the First reading of Ordinance T2011-05 — An ordinance amending City of Friendswood, Texas, Ordinance No. 93-21 and Ordinance No. 2003-02, which granted a Specific Use Permit(SUP) for religious organizations for property located at 1804 S. Friendswood Drive (to be used for Hope Lutheran Church), by allowing Hope Lutheran Church to expand existing and proposed buildings, shift the footprint from the existing SUP, and add additional parking; 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 unanimously. Mayor and Council closed the Joint Public Hearing. With the concurrence of Council, Mayor Smith moved to Agenda Item 21 E, R2011-06. Mayor Smith closed the Public Hearing regarding the consideration of an application to the Texas Department of Housing and Community Affairs (TDHCA) to secure housing tax credits for a proposed affordable rental senior apartment community fronting FM 2351 on a parcel between Woodlawn and Garden Drive. RESOLUTION Councilmember Holbert recused himself and left Council Chambers at this time. **Councilmember Barr moved to approve Resolution R2011-06 —A Resolution of the City Council of the City of Friendswood, Texas, supporting Renwick Estates, LTD. Application to the Texas Department of Housing and Community Affairs (TDHCA) for 20111 Housing Tax Credits; authorizing Renwick Estates, LTD. To apply for home funds from TDHCA on behalf of the City for the Renwick Estates project; providing an effective date. Seconded by Councilmember Hill. The motion failed 6-0. Adrian Iglesias with Generation Housing Development handed documents to the City Secretary regarding ,,,,,� the application to TDHCA. 2/07/2011 3500 � Mayor Smith stated this should have been handed out at the public hearing that was held earlier. After consultation with the City Attorney it was decided to reopen the public hearing before taking a final vote on the resolution. PUBLIC HEARING Mayor Smith reopened the public hearing to receive comments from the public, both oral and written regarding the consideration of an application to the Texas Department of Housing and Community Affairs (TDHCA) to secure housing tax credits for a proposed affordable rental senior apartment community fronting FM 2351 on a parcel between Woodlawn and Garden Drive. Adrian Iglesias with Generation Housing Development addressed Council and stated he is one of the developers proposing Renwick Estates. He distributed a handout and stated his company is in the process of submitting an application to the TDHCA for Renwick Estates, there will be 72 units for senior citizens 55 years and older, are a for-profit developer, will not be Section 8 housing, and will be an upscale development with affordable rates for senior citizens. Mr. Iglesias stated the median income for Friendswood is $65,000 for a family of four, so a resident's annual income would be between $15,000 and $34,000. Councilmember Barr asked if rents are lower then will the payments have to be subsidized and Mr. Iglesias replied there is no subsidy because the developer is applying for tax credits and that creates equity which produces lower rents. Mayor Smith stated the tax credit is the subsidy. Councilmember Barr asked what teeth does the State get in this and Mr. Igtesias stated the developer � cannot lease to anyone under 55 years of age for 30 years. Councilmember Barr asked if the State could relocate people to this complex and Mr. Iglesias stated yes but they have to go through the same process as any other applicant. Councilmember Barker stated this is on a point system which addresses person with special needs. He stated the definition of "special needs" includes persons with alcohol and drug addictions, colonia residents, persons with disabilities, victims of domestic violence, persons with HIV or AIDS, homeless populations and migrant farm workers. Mr. Iglesias agreed that this is part of the point system and those persons can live there. Councilmember Hill asked if most of the proposed residents have vehicles because Friendswood had no form of public transportation, and Mr. Iglesias stated about 50 percent have vehicles. Councilmember Hill stated the project does not look like fair competition to the other finro senior communities because this one is being subsidized and the others are not, does not know if it is a good fit for Friendswood. Councilmember Brown asked how many applications are pending for their other projects and Mr. Iglesias stated there are three at this time. Councifinember Brown asked where he got the numbers for Friendswood's median income and Mr. Iglesias stated he got it from a website that provides such data, and confirmed that he had a meeting with City Staff. Councilmember McGinnis asked how the tax credits work and Mr. Iglesias explained. Councilmember McGinnis asked about the relationship to Section 8 housing and Mr. Iglesias stated this development would not have project-based Section 8; however they cannot turn away Section 8 applicants if they meet the same criteria as other potential residents. ...., Mayor Smith asked for clarification that this development cannot turn away Section 8 vouchers the way that privately funded developments can and Mr. Iglesias agreed. _ � - - 2/07/2011 3501 � Mayor Smith asked if anyone else would like to speak in favor or against this proposed development and no one spoke. Mayor Smith closed the Public Hearing. Mayor Smith explained this item, from past experience in dealing with tax credits, is a commodity and can be sold. He asked about the underlying zoning on this property and the City Manager stated it is zoned Business Park and would have to be rezoned if this project were approved. Mayor Smith stated apartments create problems with additional pressure on the Police Department, Emergency Medical Services and other City services; however, places need to be available for the elderly to live, multi-family developments put a strain with economics and would find it difficult to support it. Councilmember Brown stated that there is a lot of senior complex development going on right now because of the tax credits, attended the Houston Central Appraisal District Tax Summit where it was stated that there is a glut in the market and lower occupancy of apartments right now. She stated there is a recently developed senior complex in Friendswood and there are other assisted living facilities. There is not 100 percent occupancy in those apartments, there are federal fair housing laws that apply to all apartment complexes so Council has no say over that area, appreciates the developer being here but she does not believe this is appropriate for this area. Councilmember Barr stated he also appreciates the developer being here, is concerned with keeping the population under 50,000. Friendswood may not have the resources for these types of communities. There are already apartments in Friendswood to meet this need, land is zoned Business Park and he does not think this project is a fit for Friendswood. ,�-- Councilmember McGinnis stated red flags go up when he hears housing and federal involvement. The federal government being involved in the housing market has not produced a good history in that area. He distributed a handout on research he did on subsidies, stated the proposed land is on a major thoroughfare so it may be better suited to a commercial development. With concurrence of Council, Mayor Smith moved to Agenda Item 15, Bid No. 2011-02. Councilmember Holbert returned to Council Chambers at this time. ACTION ITEMS '`*Councilmember Barker moved to approve the disposition of Bid No. 2011-02 for the installation of Natural Gas Emergency Generators for 17 Lift Stations-Group B (Texas Department of Housing and Rural Affairs Disaster Recovery Grant) and award to Generator Power Systems. Seconded by Councilmember McGinnis. The motion was approved unanimously. **Councilmember Hill moved to approve the disposition of Bid No. 2011-03 for the installation of Natural Gas Emergency Generators for Surface Water Plant No. 1 and Water Plant No. 2 (Texas Department of Rural Affairs Disaster Recovery Grant) and award to McDonald Electric. Seconded by Councilmember McGinnis. The motion was approved unanimously. *'`Councilmember Barr moved to approve the disposition of Bid No. 2011-04 for the installation of Natural Gas Emergency Generators for Fire Stations No. 1 and No. 2 (Texas Department of Rural Affairs Disaster Recovery Grant)and award to McDonald Electric. � Seconded by Councilmember McGinnis. The motion was approved unanimously. 2/07/2011 3502 � ""Councilmember Holbert moved to approve the disposition of Bid No. 2011-05 for the installation of Protective Window Coverings for nine City Facilities and award to Aegis Films, Inc. Seconded by Councilmember Barr. The motion was approved unanimously. "*Councilmember Hill moved to approve repealing the change to Rule 1 of the Rules of Procedure and returning to the original, as written. Seconded by Councilmember Barker. Councilmember Hill stated when Council first talked about this at a workshop he thought it was going to be a good thing but now it has become counterproductive and results in large agendas such as tonighYs, and stated going back to the rules the way they were will result in more flexibility, does not like staying until midnight and believes two shorter meetings would be preferable. Councilmember Barker stated this was a knee jerk reaction when this was done, was not broken and agrees with Councilmember Hill. ''**Councilmember Brown moved to table this item. The motion died for lack of a second. Councilmember Barr stated he is sensitive to lengthy meetings, has enjoyed the opportunity to workshop and take things off checklist, workshop list will continue to grow again, would like to continue to have workshops. Mayor Smith stated has heard concerns about getting workshops done, his intention will be to continue to move forward with the workshop items even if goes back to original Rule 1, need flexibility to get other � things done, has become cumbersome because of scheduling. Councilmember Brown stated the amended Rule 1 was supported by Mayor, Council and committees, has accomplished planning and items have moved forward, can be resolved with better planning, is knee- jerk to make a change, is for pro-active progress. Councilmember Barr stated understands will schedule workshops but when they were previously held before regular Council meetings had to cut short to get done in time, asked Councilmember Hill to think about amending his motion to make the second meeting of the month a regular meeting but to make the primary focus a workshop format. Mayor Smith stated knows in the past workshops have been done before regular meetings, is more than one way to do this but has a serious problem with current way it is being done, is creating other logistical issues for him and City Manager in handling business, find a method that does not slow government down, thinks it is important to continue to move the subject matter forward, has heard concerns that the second meeting be primarily a workshop and take minimal number of requirements that need to be done for Staff purposes, intention is to focus on that style of management, has accomplished a lot over the years with workshops that have been held. Councilmember Barr asked Councitmember Hill to amend his motion to make the second meeting of the month a regular meeting but to make the primary format a workshop to be scheduled by the City Manager. Councilmember McGinnis stated he is in line with Councilmember Barr and have had good value with these work sessions, is a newbie and does not know the history but does believe dedicated time was � needed, and made some notes about a possible amended motion. ..,���.�....��� 2/07/2011 3503 :�... Councilmember Brown stated she was going to ask Councilmember Hill to withdraw his motion and re- propose when have suggested language for Rule 1, believes tonighYs vote is premature because there is no proposed language, flip-flopping on rules and is confusing. Mayor Smith stated he understands and clarified the motion to say that Council would go back to the Rule 1 that existed prior to the recent amendment that took place. Councilmember Hill stated all the workshops have to do with things coming up that cost money and after tonight's meeting it should be an easy decision because there will not be any money to do anything. There is a bond issue but taxpayers will have to be convinced to pay more taxes. *""*Councilmember Hill clarified his motion to go back to the Rule 1 that was in effect in September 2010. Seconded by Councilmember Barker. The motion was approved 4-3 with Councilmembers Barr, Brown, and McGinnis opposed. **Councilmember Hill moved to approve possible action regarding designating the second meeting of the month, February 28, 2011, as a regular Council meeting. Seconded by Councilmember Barker. The City Manager stated based on the action taken on the previous agenda item, repealing the change to Rule 1 of the Rules of Procedure, there is no need to take action on this item. **"Councilmember Hill withdrew his motion to approve possible action regarding designating the second meeting of the month, February 28, 2011, as a regular Council meeting. � **"*Councilmember Barker withdrew the second to that motion. No action was taken. RESOLUTIONS **Councilmember Holbert moved to approve Resolution R2011-02 — A Resolution of the City Council of the City of Friendswood, Texas, designating the Mayor as the City's representative in seeking eligible grant funds under VX-General Victim Assistance — Direct Services Programs Solicitation for Planning Year 2012; and authorizing the submission of such grant application to the Criminal Justice Division of the Office of Governor. Seconded by Councilmember Barr. The motion was approved unanimously. **Councilmember Barr moved to approve Resolution R2011-03 —A Resolution of the City Council of the City of Friendswood, Texas, providing for the holding of a General Election on May 14, 2011, for the purpose of electing two (2) Councilmembers (Position Nos. 2 and 5); designating polling places and appointing election officials for such election; providing the form of the ballots at such election; directing the giving of notice of such election; and containing other provisions relating to the subject. Seconded by Mayor Smith. The motion was approved 6-1 with Councilmember Holbert opposed. Mayor Smith and Councilmembers Brown and McGinnis asked questions of the City Secretary and City Attorney regarding notification of the candidate drawing for place on the ballot. "`*Councilmember Brown called the question. "'`*"Mayor Smith asked if there was an objection to the question being called. ,.�.. There was no objection. 2/07/2011 3504 � '`*Councilmember Holbert moved to approve Resolution R2011-04 — A Resolution of the City Council of the City of Friendswood, Texas, designating the Mayor as the City's representative in seeking eligible grant funds under CX-Criminal Justice Program Solicitation for Planning Year 2012; and authorizing the submission of such grant application to the criminal Justice Division of the Office of Governor. Seconded by Councilmember McGinnis. The motion was approved unanimously. "*Councilmember Barr moved to approve Resolution R2011-05 — A Resolution approving a settlement agreement in the case of City of Friendswood vs. Southwestern Bell Telephone, LP dba AT&T Texas, in the 333`d Judicial District Court in Harris County, Texas; authorizing the Mayor and City Attorney to execute the settlement agreement and all documentation necessary to finalize dismissal of the case; providing that this resolution shall become effective from and after its passage and adoption. Seconded by Councilmember Hill. The motion was approved unanimously. ORDINANCES "*Councilmember Barr moved to approve the First and Final reading of Ordinance 2011-03 — An Ordinance amending City of Friendswood, Texas, Ordinance No. 2010-28, passed and approved October 4, 2010, same being an ordinance approving and adopting the City's General Budget for Fiscal Year 2010-2011 by approving "Budget Amendment II" to the "Original General Budget of the City of Friendswood, Texas, for the Fiscal Year 2010-2011; providing for supplemental appropriation and/or transfer of certain funds; 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. No action was taken on the First and Final reading of Ordinance T2011-04 — An Ordinance amending � City of Friendswood, Texas, Ordinance No. 2010-28, passed and approved October 4, 2010, same being an ordinance approving and adopting the City's General Budget for Fiscal year 2010-2011 by approving "Budget Amendment III" to the "Original General Budget of the City of Friendswood, Texas, for the Fiscal Year 2010-20-11"; providing for supplemental appropriation and/or transfer of certain funds; providing for severability; and providing other matters related to the subject. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Brown made comments regarding the Homeowners Association (HOA) Education Forum Update and Animal Control Facility Voluntary donations. Councilmember Brown thanked those who volunteered their time to speak at the meeting, and Kevin Venable with Amoco Credit Union where the meeting was held, was attended by approximately 60 people and the reviews of the meeting were positive, and there is a committee that is planning the next session. Councilmember Brown spoke regarding voluntary donations for the Friendswood Animal Control facility and gave links to different cities that are doing alternative funding sources for animal control facilities, are in the backup material for this meeting. She reported that she is personally donating $250 today for the Animal Control facility and if 1,000 people who support the Animal Control facility would match that donation it would be $250,000 and that will go a lot further towards the Animal Control facility so funds could go to other projects in the City. Councilmember McGinnis reported on the Library Board activities. He stated they are in the process of a strategic planning session to envision the long range plans, encouraged all to take the online survey on the library website. There will be a library town hall type meeting on February 22, 2011, in the Council Chambers and encouraged attendance and participation. Councilmember Hill stated that he went to a funeral today where there were two coffins; those of �ong- � time residents Daniel and Carman Tostada. They were great people and worked on the Delta L. Ranch which is now Rancho Viejo. He stated the Tostada's had seven children and his family had seven children and they lived next door to each other, they were great neighbors and great people. 2/07/2011 3505 � Councilmember Barr stated he is glad the election was called tonight because he is announcing his candidacy for his current position of Position No. 2. There is unfinished business that needs to be done and he would like to continue to be a voice for workshops as much as possible and move forward on agenda items and things that are sitting before the City that need to be done. He stated that his wife asked if he had accomplished everything he wanted to and he stated no. Councilmembers Holbert and Barker stated they had no comments. Mayor Smith thanked the Staff for getting roads and bridges prepared and initiating the emergency management plans so that there was no blink in the emergency services during the recent adverse weather. City Manager Roger Roecker thanked Mayor Smith and recognized the Public Works crews, Public Safety officers, and Fire Marshals' office. CONSENT AGENDA **Councilmember McGinnis moved to approve the Consent Agenda as presented with the exception of Item A -Authorizing the acceptance of public infrastructure improvements associated with the Dominion at Friendswood Lakes. B. Approving a new license agreement for the properties located at 506 and 508 N. Shadowbend Avenue, authorizing the Mayor to execute the agreement, and accepting the termination notice for buyout licenses located at 506 and 508 N. Shadowbend for the previous licensee. C. Authorizing the Police Department to dispose of a 2003 Ford Taurus through Houston Auto Auction. D. Accept December 2010, Property Tax Report, E. Approve minutes of January 10, 2011, City Council � Meeting. Seconded by Councilmember Barr. The motion was approved unanimously. Councilmember Hill stated he would like to recuse himself from Item A and left Council Chambers at this time. *'`Councilmember Holbert moved to approve A. Authorizing the acceptance of public infrastructure improvements associated with the Dominion at Friendswood Lakes. Seconded by Councilmember McGinnis. The motion was approved 6-0. CLOSED EXECUTIVE SESSION Council convened into Executive Session at 10:44 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 matter in which the duty of the attorney requires it. (Potential litigation involving claim received from Ajay Jain. (Potential litigation involving claim received from Ajay Jain) Council closed the Executive Session and convened into Regular Session at 11:55 PM with action taken later in the meeting regarding potential litigation involving claim received from Ajay Jain. ACTION ITEMS Council took action earlier in the meeting regarding City of Friendswood vs. Southwestern Bell Telephone LP dba AT&T Texas, in the 333�d Judicial District Court, Harris County, Texas. Council took no action regarding Wight Realty Interests, Ltd. vs. City of Friendswood, in the 405th Judicial '� District Court, Galveston County Texas. 2/07/2011 3506 ... "*Councilmember Brown moved to approve that Council has deliberated and developed a strategy to deal with the potential litigation involving the claim received from Ajay Jain and will move forward with that strategy and the further investigation of said claim. Seconded by Councilmember Barker. The motion was approved unanimously. The meeting was adjourned at 11:57 PM. �� � f �"4 . �fayor D vi J.H. Smith�`� Attest: - ��t���� r oF °��'�. _ � � _ h elinda Welsh, TRMC v v City Secretary * * ct�j,4rF OF t��Q,y � � ..-��