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HomeMy WebLinkAboutCC Minutes 2011-03-21 Special 03/21/11 3525 ._.. STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( MARCH 21, 2011 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, MARCH 21, 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. Mayor Smith asked if any members of the public would like to make comments regarding the subject of � the Executive Session and no one spoke. Hearing no comments, Mayor and Council convened into Executive Session. Councilmember Brown stated she would like to note that Councilmembers Holbert and Hill were not in Council Chambers at this moment but were waiting for the Executive Session to start in the Executive Conference Room. CLOSED EXECUTIVE SESSION Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.071 — Consultation with attorney concerning pending or contemplated litigation; a settlement offer; or a matter in which the duty of the attorney requires it. (Wight Realty Interests, Ltd. vs. City of Friendswood, in the 405th Judicial District Court, Galveston County, Texas) Council closed the Executive Session at 6:52 PM and convened into Regular Session at 7:00 PM with no action taken later in the meeting. REGULAR SESSION Mayor Smith called the meeting to order. The invocation was given by Public Works Director Kaz Hamidian. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. 03/21/11 3526 � COMMUNICATIONS FROM THE PUBLIC Phillip Webb, Friendswood resident, addressed Council and stated he is a candidate for City Council Position No. 5. He and his family moved here 11 years ago when his wife was pregnant with their son, they love Friendswood, his son is his inspiration and motivation for most of what he has done since his birth, is involved in many offices such as Boy Scouts, DeMolay International, Shriners, the Parent- Teachers Association (PTA), and local church ministries. Friendswood has great police and fire departments, and is interested in the beautification of Friendswood. He stated his son has physical limitations which preclude him from playing organized sports but still supports organized sports. Friendswood is a residential City that attracts small business. The City needs to be mindful of spending, have a limited and ethical government, decisions made here are tough, is up to the challenge, and looks forward to working with Council towards providing a responsible government today for a better Friendswood tomorrow. Billy Enochs, Friendswood resident, addressed Council and stated he is a candidate for City Council Position No. 2, ran last year against Councilmember McGinnis, has been asked why he is running and his answer is that he has been in the area for 38 years, is here for the small town feel and Concerts in the Park; however, a person who has moved to the area in the past couple of years has thoughts of lawsuits, controversies, and suing fellow citizens. He stated that he believes he can be a positive influence, can add a lot of value, can work with all types of personalities, has a skill set of family, community and serving his country through the National Guard, and now wants to serve the community through City Council Position No. 2. Wesley Patterson, Friendswood resident, addressed Council and stated he is here to discuss ways to improve the green waste collection program. He stated it is a good program but there should be another choice besides clear plastic bags for green waste, suggested clear plastic bins or regular trash cans '""'"" labeled "yard waste" or another distinctive means. He stated the City could communicate the program more clearly on the website. Mark Ti�ley, Friendswood resident, addressed Council and stated that recent correspondence reflects Boca Raton residents as unreasonable in relation to the Sleep Inn Hotel issue. Boca Raton residents want to see businesses grow and development happen in Friendswood, but they care about what happens in Friendswood. Their concerns are safety, home values, and the image of Friendswood, and they want it to stay the respectful town it is now. He stated he does not understand why a business of this sort would be successful. A low end motel such as this would not help the community. Friendswood has a great reputation and would like to see it stay that way, noticed the Community and Economic Development Committee goals on the agenda and would like one goal to be much earlier communication of potential projects or businesses moving into this area. Many people knew about the hotel but it was not communicated to residents of Boca Raton, and would like to see earlier communication as a goal. Les Kilday, Friendswood resident, addressed Council and stated he has a handout for Council, is with Kilday Realty Corporation, is the current owners and developers of the Gardens of Friendswood Lakes, and is asking for support of a request on tonight's agenda to support Phase II with an addition of 36 units. He stated 98 percent of Phase I is occupied with a current waiting list of 58, is under the tax credit program and then explained the tax credit program. Mayor Smith stated Mr. Kilday could discuss this at length under the later related agenda item and Mr. Kilday agreed. Phillip Yates, President of Friendswood Lakes Homeowners Association (HOA), addressed Council and stated the Friendswood Lakes (HOA) has elected to accept the Gardens at Friendswood Lakes. They have been very good neighbors for several years, and are in favor of the addition of Phase II. � 03/21/11 3527 Glen Grayban, Vice President of Friendswood Lakes HOA, addressed Council and stated he worked one- on-one with the developers in the commercial area and with the City and believes there is a good business model going on because there is a good dialogue with Mitch Mitchell. There are businesses with which they are happy and compatible, wants to reiterate that by working together the whole stretch of land has been developed without consternation. Councilmember Brown asked if a proxy was being used for the HOA vote and Mr. Grayban informed that their bylaws state that the five board members can vote someone into the HOA and they do not have to go to the residents. Councilmember Brown stated the votes are calculated by the square foot of their lot size, had several questions regarding HOA voting, asked if the board had any input from the residents and Mr. Grayban stated no. Councilmember Barr stated residents from the Friendswood Lakes subdivision came before Council about a year ago and stated they felt duped and misled by the current project because they were told that it was going to be one or two stories and it ended up being three stories. He stated that the backup material that was provided to Council for this agenda item states that it is going to be one or two stories yet there is nothing to prevent it from being three stories. Mr. Grayban responded they were not happy either but the City's building rules changed to allow three stories and the builder decided to take advantage of it. He stated he has spoken with the builder at length regarding this subject and the builder assured that it is going to be two stories. Councilmember Holbert asked if notification was sent out to the 300 plus homeowners specifically detailing the project before the HOA board was to vote and Mr. Grayban answered that they did not notify all but did notify the homeowners on a particular street that will be directly impacted. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS ,,..... City Manager Roger Roecker introduced CPA Financial Services Practice Leader Kevin Sanford with Weaver and Tidwell, LLP, who gave the Comprehensive Annual Financial Report. Mr. Sanford gave the highest level of assurance that the financial statements are accurate, discussed the balance sheet with total assets of approximately$11 million dollars. The changes in the fund balance were discussed. CITY MANAGER'S REPORT City Manager Roger Roecker reported that the Keep Friendswood Beautiful (KFB) committee is sponsoring their annual Spring Sparkle event for the citizens of Friendswood at Centennial Park on Saturday, April 9. Committee members have teamed with the City's solid waste services provider, IESI, and the Galveston County Consolidated Drainage District (GCCDD) to provide the community with this clean-up day. Items that will be accepted include green waste such as tree limbs and grass clippings, old appliances, old furniture, miscellaneous wood, metal, and plastic. No household hazardous waste, such as tires, paint, batteries, oil, or any other hazardous waste will be accepted. Residents can also donate garage sale items to KFB. They will accept furniture, household items, bicycles in good condition but clothing will not be accepted. Garage sale items can be dropped off the morning of the event at Centennial Park. All proceeds from the garage sale will benefit the beautification of City facilities and parks. KFB would also like to encourage residents to bring animal habitat items that would benefit the wildlife rescuers/rehabbers. They need aquariums, dog and cat carriers, clean towels/shirts, and shallow crock bowls. These volunteers take care of the many injured wild animals that make their homes in Friendswood's shrinking green space. The City Manager reported that Staff recently completed a set of plans for repairs to the Library parking lot. The project, which is currently being advertised, consists of a combination of removal and replacement of certain sections of concrete and as well as leveling of others. Also as part of this project, „� the parking lot will be re-striped to add additional parking spaces. Over the years, buckling and other failures within the parking lot have created tripping hazards. The proposed improvements are intended to remedy these problems. 03/21/11 3528 � Staff anticipates presenting Council with a construction contract at the second meeting in April. During the construction phase, Staff wili be working with Friends Church to provide for overflow/relief parking for Library customers. Mayor Smith asked if a company would be available for citizens to bring Freon to Spring Sparkle and Community Services Director James Toney stated Ackles Air Conditioning and Heating will donate their time to take Freon out of refrigerators and air conditioning units so that they can be recycled. Councilmember McGinnis stated the Library Board reported on a fence problem. Community Services Director James Toney stated the only fence problem he is aware of is around the dumpster. The generators are being placed in that location so the fence will be replaced. Library Director Mary Perroni stated the fence they are talking about is the fence that came down during Hurricane Ike on the lot the City owns. City Manager Roger Roecker stated Staff will look into that. City Attorney Bill Olson left Council Chambers at this time. SPECIAL SESSION Mayor Smith opened the discussion regarding an interview with Gregg & Gregg, P.C., Law Firm for City Attorney Services. Dick Gregg from Gregg & Gregg made opening comments, gave the history of the law firm, and stated he started his law career in 1964 as the Assistant Attorney General with the Attorney General's office doing condemnation for federal highways, then went to a firm in LaPorte, Texas, that represented the City and the school district and several other governmental entities. He incorporated the City of Nassau Bay in the 1970's and has been their attorney since that time. Gregg & Gregg represent six cities and does both '�'"" home rule and general law, has a strong background in public law as well as parliamentary procedures, and would be honored to serve the City of Friendswood. Chris Gregg stated he is honored to be here and to be considered for this position. Dick Gregg stated that he and Chris Gregg would be the two points of contact, and stated Chris does most of the public information requests and some litigation. Councilmember Barker stated most Councils tend to have a lot of political issues and Council should be told what they need to hear and not what they want to hear, asked how they address facing Council conflict. Dick Gregg replied that it is important to speak truth to power and it is not always easy without the strength and the background to do it. He stated he has dealt with it and can deal with it. Councilmember Barker stated what if he came to Mr. Gregg and stated this is what I want to do and will do it against your advice. He asked how Mr. Gregg would corral him. Mr. Gregg stated he would remind Mr. Barker that he must have support from others for any action and would remind everyone of the risks and consequences. A lawyer has the duty to counsel and also to represent whatever decision is made. He stated he would give his opinions in writing. Councilmember Barr stated sometimes the body wants to find a way to make something happen and the interpretation of a particular law or Charter is one of those things where a legal opinion needs to be firm and strong. He asked hypothetically if he interprets the Charter differently than Mayor Smith would Mr. Gregg be willing to stand in front of both of them and state the true intent firmly. Mr. Gregg stated if he viewed it to be clear cut he would do that but there are times when there is more than one interpretation. Councilmember Barr asked what Mr. Gregg would do if an outside law firm the City used for a particular issue made decisions he deemed incorrect. Mr. Gregg stated it is the role of the City Attorney to supervise all legal actions for the City and offer comment. Councilmember McGinnis asked if Mr. Gregg could cite some specific examples of when he has told a Council to do or not to do something. Mr. Gregg stated League City had spent an incredible amount of �' money with a challenge of people selling newspapers in the median, it went to Federal Court and the Fifth Circuit and some clear issues of freedom of speech were involved. 03/21/11 3529 ,.�. It should not have cost the kind of money that it cost and he was the one to shut it down even though he came in late to the issue. A second example is League City wanted to control door-to-door solicitation in a way that he thought would cause a fight they could not win. The third example is League City's fight over a bridge that he did not support. Councilmember McGinnis referred to Attachment G of their firm's proposal which addresses the avoidance of conflict of interest, and stated Gregg & Gregg is a small firm that represents several nearby cities. Attachment G addresses businesses and developers and he wonders if there is ever any conflict between cities and Mr. Gregg stated very rarely but it can happen. Mr. Gregg cited boundary disputes or interlocal agreements that go awry and stated most fights befinreen cities are about annexation and most cities have already addressed that. He suggested that if that were to occur he would step back and allow another attorney to represent the City for that transaction. Councilmember Holbert stated that he has known Mr. Gregg's firm for finrenty years, is comfortable with everything that has been presented and has no questions. Councilmember Brown asked if the law firm will increase the professional liability insurance to the required $1 million dollars and Mr. Gregg stated he would if they are selected. Councilmember Brown stated she understands that most of the questions Council has been asking have been proactivity of the Council rather than only responding to questions asked by Council, and asked if he has a practice of being proactive or does he wait until the question is asked. Mr. Gregg stated he speaks when he sees something going on that needs to be pointed out. Councilmember Brown stated Council does not consist of lawyers and they do not always know the questions to ask so she is looking for proactivity, asked if he reviews all contracts of the other cities that he represents and Mr. Gregg stated he does. Councilmember Brown asked how he presented his findings after the review and Mr. Gregg stated it depends but normally it is through the City Secretary or interface with Staff, the role of the City Attorney is � to review and approve contracts without getting involved with City policy. Councilmember Brown stated that appropriate wording of ordinances could come up frequently and Mr. Gregg agreed. Councilmember Brown stated she is concerned that he has a heavy Homeowner's Association (HOA) presence and there is sometimes conflict between them. Mr. Gregg stated he would notify the City of the representation and either address it or step back from the negotiations. Councilmember Brown asked Mr. Gregg if his firm could provide a list of HOA's they represent and he answered yes. Councilmember Brown also asked for a video of his firm in action and Mr. Gregg stated he would provide a video. Councilmember Hill stated the main thing is if he sees Council going in a direction that he determines is illegal or questionable he needs to speak up and say that Council could not do it and Mr. Gregg agreed. Councilmember Hill stated Council is comprised of lay people and do not know the law so it is important for the City Attorney to keep them on the straight and narrow, asked if Mr. Gregg gave advice that turned out to be bad, what would he do in that case. Mr. Gregg stated that is what insurance is for and there would have to be an acknowledgement of a mistake made. Councilmember Hill asked if it is possible to write a Charter that could be written clearly enough that any citizen could read it without discrepancies in interpretations and Mr. Gregg stated that there are years of case law that address interpretation of Charters and there needs to be room for interpretations but it is important and possible to simplify Charters. He stated the City Attorney should have some input into the Charter. Councilmember Hill stated he understands that a statement of intent can be added to portions of the Charter and Mr. Gregg confirmed that legislative history counts in the interpretation of documents whether it is in the Charter or if it is stored by the City Secretary. Councilmember Brown asked if the Charter provision is approved by a vote of the public how can the intent of the approval be known and Mr. Gregg stated the presumption is that there is an intent issue and the rules of construction will tell what was considered in coming to that decision; however by the time it gets to the public it is one set of words without the history. � Mayor Smith asked if Dick Gregg had any retirement plans and Mr. Gregg stated no. 03/21/11 3530 ..,� Mayor Smith asked if someone from the firm typically attends agenda setting meetings as weli as the Council meeting and Mr. Gregg stated yes if that is the pleasure of Council. Mayor Smith asked what sets Gregg & Gregg apart from the other law firms being considered. Mr. Gregg stated he has been very active in the community for a long time and knows a lot of people, has a wide range of experience with this area of law being his strongest experience and his sons have followed in his footsteps as did Olson and Olson, whom he knows. Because of his contacts within the area he knows where to go to get it solved and it does not always have to be the courthouse. Chris Gregg stated it is unique to be able to work with his dad, his brother and the other associate. He believes his firm has a very good response time, each agenda is different and they review it before the meeting. They have a nice, diverse general law and civil practice, do a lot of litigation and that brings confidence as an attorney. Mayor Smith asked if they represent the City Council or the Friendswood citizens and Dick Gregg stated he represents Council because they are the ones chosen to take the public responsibility; not to the exclusion of the public but as the stewards of the public trust. He stated when they do not follow that they have to be told so. As long as the constellations are in order and everyone is doing what they are supposed to do then a City Attorney must speak through Council collectively. Mayor Smith thanked Dick Gregg for coming tonight and closed the discussion. City Attorney Bill Olson returned to Council Chambers at this time. Mayor Smith opened the discussion with the Community and Economic Development Committee regarding the Community and Economic Development Committee goals the City's Tax Abatement, and "'�`�' the Chapter 380 Municipal Grant Program. Community and Economic Development Committee Chairman Skip Evans stated the committee is made up of a group of citizens who volunteer to serve, are a good group who meet regularly and review issues successfully. He stated they are all Friendswood residents who are interested in maintaining what Friendswood is as it grows with something other than homes. They work within the parameters provided by the Planning and Zoning Commission. There are limits on what can be offered, they come up with ideas, and have a limited budget compared to other cities, and there have been successes as far as economic development is concerned such as the new business across the street from City Hall. Mayor Smith began the discussion by stating that this is a beginning and there is no way to address all of the issues and solve all of the problems today but is rather a catalytic opportunity to consider the goals for economic development. Councilmember Brown stated she served on the Community and Economic Development Committee (CEDC) several years ago and is concerned about what the public perception is regarding the goals of the CEDC, sees the goals as working with the community as to what type of businesses people would like to see in Friendswood, get restaurants and larger facilities that are needed, and would like to see a targeted approach to businesses that did not originate in Friendswood coming into Friendswood. She stated the City needs to have a marketing plan and there are unspent funds available for marketing. She further stated there needs to be a plan in place and it needs to be pursued, has been waste in how it has been done over time, businesses developed no matter what the City did, and would like to see a more focused approach with plans in place in order to feel comfortable to spend money. � 03/21/11 3531 Mayor Smith suggested finding a common ground where those specific types of goals have been set down. The CEDC worked on the downtown initiative for a long time and was well worth the effort because it evolved into the reworking of ordinances and other things that allowed development to happen, and if nothing else through the drainage requirement of the Downtown District.Councilmember Brown stated she disagrees with that statement. Tony Buzbee with Buzbee Properties was the pivotal force behind the Main Street improvements. The City had a Main Street plan that was never followed through. Mayor Smith stated that there was follow through on the plan but a lot of the work was in changing the ordinances that would allow the developments to take place. He stated it is not about the individual. Councilmember Brown stated the plan was on the website when she moved to Friendswood but it is no longer there. She relied on it but it never came to pass. Mayor Smith stated he was looking for common ground when he offered this initiative for discussion and not for disagreement. He would rather see a development of short term goals that will have a benefit. He stated the development of the panhandle is a good goal to work on. CEDC Chairman Skip Evans stated they have worked on that area, and the City has a great opportunity with the panhandle now that there are the facilities out there. There is work that needs to be done on the website and the committee is in the process of making changes to it. Councilmember McGinnis referred to Councilmember Brown's comment regarding big box stores and stated big box stores are not attractive, nor are plazas. He stated the small town walking plazas are ,,,� attractive and could be considered for the panhandle area. CEDC Chairman Skip Evans stated he has seen examples of that in the Dallas area and it is a good fit for Friendswood. Councilmember Brown stated that was the proposal for the Whitcomb property but it is difficult to convince developers to create a project like that in a downturn economy. She clarified that she does not think big box stores fit in Friendswood. Chairman Skip Evans stated big box stores have never even been discussed as an option for Friendswood, there has to be something that puts Friendswood in the ball game. Mayor Smith stated that Friendswood is not in the development business but Councils and Cities have the opportunity to influence what might go into the City. The way to influence what will go into the panhandle is through Permitted Use Tables, districts, and zones. The City should focus on the development of the panhandle for the next couple of years because that is the next best place to develop that will have the least political ramifications as far as impacting residential neighborhoods. Commercial development is needed to diversify the tax base before the City is built out and asked Council if they agreed with making the development of the panhandle the next goal. Councilmember McGinnis stated he is fine with that. Councilmember Barker stated they will need to identify the obstacles out there that Council may need to help with. The project is worthwhile but Council needs to expect that Council will need to be prepared to help them, but agrees with Mayor Smith. Councilmember Barr stated it would be a waste of the grant that the City received for the panhandle if it was not made a priority. ,_.., Councilmember Brown stated putting one section of town as a priority is misplaced, there needs to be an overall framework to know what to do. A company with 30 employees was turned away because of the delayed infrastructure. 03/21/11 3532 � She stated the City needs to be considered as a whole, consider what can be done cheaply to develop other areas, ali have limited time and resources and understands that putting effort toward it takes resources but other areas should not be excluded. She agreed that the panhandle should be developed but not to the exclusion of other areas. CEDC Chairman Skip Evans stated they have not excluded other areas, have looked at maps of the City to see what can be done in all areas but the panhandle is a great opportunity right now. Councilmember Holbert stated that he is very much a believer in corporate and developer Darwinism, when the cash flow works to justify the return on the investment, the investment is generally made. The focus for him would be to look at the types of things done in the development plan for the downtown district that were impediments, offer decorative sidewalks. He stated he is proud of the new projects in Friendswood right now, they are all beautiful but not one of them would not have been built just because there was a municipal incentive grant. He stated the panhandle is a large, contiguous piece of land that is one of the few left in Friendswood. He suggested looking at the Permitted Use Tables and making adjustments in order to meet the development goals. He stated the big box issues are non-issues because of demographics and they are ten minutes away from Friendswood in any direction. He stated he would focus his efforts on making sure everything has been done to be development supportive so that the City is prepared to provide infrastructure and alternative drainage when the investment makes sense to the developers. He stated return on the investment comes from maximizing the investment and there is too little land left to use it for a detention pond. He suggested focusing on helping developers come up with a clear path, one in which the economics make sense. CEDC Chairman Skip Evans reported that developer Sel Thynt stated the grant he received helped fund the interest on the construction loan for a building in Friendswood. He stated Mr. Thynt's partner wanted to go to Webster but the $30,000 grant made the difference. Friendswood needs to be competitive and "�'"' needs the tools everyone else has. Mayor Smith stated he wants to sum up the discussions by stating Council is interested in hearing from the CEDC about the resources needed to create influence. CEDC Chairman Skip Evans stated there needs to be another work session to discuss resources. CEDC has taken heat lately for projects that they had nothing to do with. Economic Development Coordinator Karen Capps is on the front line and working hard but has to keep some information confidential. CEDC member Brett Banfield stated Friendswood is behind the eight ball because other cities have well funded Economic Development Corporations that are funded by the 4b sales tax, and the ideas being discussed are great but Friendswood is solely driven by market forces. Councilmember Brown stated that the market has dictated that Friendswood is a bedroom community. CEDC Chairman Skip Evans stated Community and Economic Development committee member Kirk Lippert has changed a lot of the misperceptions regarding restaurant development in Friendswood. Councilmember Brown stated Birraporretti's came to Friendswood without any outreach from the City and Councilmember Barr responded that they came because one of the owners lived in Friendswood. Councilmember Hill stated the current development came from Friendswood people investing in this town and grants and abatements should be made available to local people. He stated most people who want to develop in Friendswood know what they want to do and just need to know how to do it. He stated many people interested in Friendswood go to the Building Department rather than Economic Development Coordinator Karen Capps and the Building Department should be able to tell those � interested about the economic incentives, or they should be sent to Karen Capps. He stated if developers do not know about it communication needs to be improved. 03/21/11 3533 „�_.. CEDC Chairman Skip Evans stated they encourage a live here/work here program. Councilmember Barr asked if someone comes in City Hall and wants to open a business in Friendswood are they provided a package that explains what incentives are available and Karen Capps answered when they come to her she does give them information. She stated the City Hall receptionist directs them to her and she has a database of properties she shares with them. Councilmember Holbert left the Council Chambers at 8:59 PM. Mayor Smith stated Council is getting off topic by discussing a citizen's interaction with Staff. The workshop is with the CEDC so the focus should be kept on them. Councilmember Barker stated this topic is very appropriate and would like to see the conversation continue. Councilmember Barr asked if he went into City Hall to get a building permit would he receive any information about the Downtown Empowerment Zone if he somehow did not make it to Karen Capps. Economic Development Coordinator Karen Capps stated that most builders go through the Development Review Committee where they will receive all needed information, and they do not always get information on incentives because it is not on the Development Review Committee checklist. They have not received a budget for this grant so the money for incentives has been coming out of the General Fund and because there has not been a definite budget, incentives are not readily offered. ,�.,, CEDC member Brett Banfield stated what is being discussed are Staff problems that has nothing to do with the CEDC which is an advisory board, and Staff problems should be dealt with on a Staff level and not through the CEDC. Councilmember Brown stated she disagrees because what is being discussed is marketing although it is not being called that. Developers need to be contacted before they get to the Development Review Committee meetings or meetings with any of the local cities. She asked what pamphlets can be provided that will initiate a contact with prospective developers and suggested reviewing publications outside of Friendswood for more exposure, also suggested updating the website and placing pamphlets in the City Secretary's office, library, and accounting offices. Councilmember Holbert returned to Council Chambers at 9:03 PM. CEDC member Kirk Lippert suggested that maybe the development review process needs to be revisited and checklist items need to be reviewed and added. Mayor Smith asked the amount of the annual budget for the 380 Municipal Grant Program and Karen Capps stated there is no budget. Mayor Smith asked what is spent annually and Karen Capps stated $15,000 was spent in 2010, $30,000 was spent in 2009, and $50,000 was spent in 2008. Mayor Smith asked the annual marketing budget for CEDC and Karen Capps responded $30,000. Councilmember Brown stated the marketing funds were not used last year and there is no marketing plan to use it this year other than to update the website. City Manager Roger Roecker stated the marketing plan for this year's budget is to revamp the website. „�,, Councilmember Brown stated she asked the specific question during the 2010-2011 budget process and was told that there was no plan for the funds, is glad a plan has developed but the budget process is coming up again and if there is not a marketing plan to go with the requested budget she sees no reason to approve it. 03/21/11 3534 ..�, Mayor Smith asked other than the potential flaw in the communication process does the CEDC consider the practices and policies that are in place to be good and working and the general consensus was yes. CEDC member Brett Banfield stated they worked the on the tax abatement policy a few years ago and the 380 Municipal Grant Program is working well. Councilmember Barker stated the communication can be improved between the Community Development Department and Economic Development Coordinator Karen Capps. Community Development Director Morad Kabiri stated the Economic Development Committee, Fire Marshal's office, Public Works, and the Police Department are all invited to all Development Review Committee meetings. Councilmember Barker asked Morad Kabiri if he had an objection to his department having a packet to give persons requesting a building permit and Morad Kabiri stated they have recently created a developer's guide that outlines all of the processes and highiights various ordinances and would be happy to include the information discussed tonight. Councilmember McGinnis asked about the process of creating the Economic Development Corporation and CEDC Ex-Officio member Dan Seal with Bay Area Houston Economic Development Partnership explained how the corporation is created. Councilmember Brown stated that Council does not get noticed of Development Review Committee meetings and asked if they can, and Morad Kabiri answered yes. Councilmember Brown stated she agrees that CEDC has a spot at the table and it helped her understand the process when she attended. She recommended that all Councilmembers attend. ��"' ACTION ITEMS **Councilmember Hill made a motion to approve providing a letter of support to the Texas Department of Housing and Community Affairs for an application to secure housing tax credits for Phase II of the Gardens at Friendswood Lakes, a multi-family residential development for seniors on FM 528. Seconded by Councilmember Barr. The motion failed 1-6 with Mayor Smith and Councilmembers Barker, Barr, McGinnis, Holbert and Brown opposed. Les Kilday with Kilday Realty and current owner of the Gardens at Friendswood Lakes addressed Council and stated this is a family business that has been developed through the tax credit program for 15 years, are asking for an additional 36 units in Phase II, in the form of a one, two story building and two, one story buildings for a total of 36 units. He stated the three story unit could be restricted to two stories during the zoning process, current building is 98 percent occupied and has been 95 plus percent occupied for a year and there is a current waiting list of 58. He stated the tax credit program was the Tax Reform Act of 1986 which was to provide affordable housing for seniors and families with lower incomes. The tax credits are sold to investors to receive credit on their federal income taxes, has nothing to do with property tax abatements, and have not and will not ask for those. They have found that there is no correlation between a voucher holder and a troubled tenant and of the current 114 units only nine residents have vouchers. This is an independent senior development and not assisted living. Mayor Smith stated he did not return Mr. Kilday's telephone cal�s last week because of the Texas Open Meetings Act requirements and knew that Mr. Kilday had already spoken with other Councilmembers, and suggested moving to the next phase of the discussions to help determine if Council is in support of the project. � 03/21/11 3535 .._.. Janis Lowe, Friendswood resident, addressed Council and stated she is here as a homeowner and broker for the development. The current development is in her back yard, enjoys having them as a buffer from FM 528. She stated much information is yet to be distributed depending on the outcome of this meeting. She stated should it go forward, there is about six months of process at which time the citizens will be informed, the fact that no residents of the neighborhood have not been before Council in six years suggests that they are pleased with what is going on and they are supportive as one of the Homeowners Association members has stated. She reported that 58 people are waiting for apartments in the Lakes of Friendswood, have 29 petitions that support the expansion and will try to contact the other home owners who were out of town for Spring Break. The residents are in support because they like the known and not the unknown and they want to close the hole. Ms. Lowe asked Council to please allow for the expansion and handed the petitions to the City Secretary. Mitch Mitchell, President of Altair Development, addressed Council and stated he is the seller and a supporter of the project, would not sell to anyone who would damage the reputation of the project where it would cause remaining properties not to sell. He stated that he started a development business in Friendswood in 1978, reared his sons here, has always loved Friendswood and has always developed above and beyond the call of duty, is an avid birder and one might know that through the names of his projects such as Falcon Ridge, Eagle Lakes, Eagle Point, and Seahawk Condominiums, and is also a closet tree hugger. He reported that when he bought Falcon Ridge it was bald land without a tree in sight, and now it has over 250 trees on 60 acres. He stated he supports this project because it is a win- win project, for the homeowners because they want to close the gap and not have any commercial backing up to garden homes, has no impact on the school district, will bring retail to other buyers such as nearby service station and hopefully other restaurants, so there is a retail aspect to this project. He stated the City of Friendswood was developed by Frank Brown and founded in 1895 and this land has ,_,, been vacant since that time. He stated he has heard that Friendswood does not provide enough reasonable housing for young people who grew up here to come back and live, the other comment is that people who are getting older can also live here for a reasonable price in their decreasing income status. He stated the Kilday project is a class development and is proud to have them in their project, will bring new jobs and a positive economic impact to the City, is perfect for the school and there is no downside to approving this project. Margaret Limmer, Friendswood resident, addressed Council and stated she is speaking on behalf of a resident who is concerned about having towers. Many of the residents who could not attend or did not know about the meeting are concerned about having towers as well, and stated residents would like to see cottages and not two or three storied buildings. She further stated as a resident of Falcon Ridge she would like to see it also. Councilmember Hill asked about the traveling vouchers and Les Kilday stated the vouchers used in the existing facility were given by the Brazoria County Housing Authority. Councilmember Hill stated he was on Council when the first Gardens of Friendswood Lakes facility was built and there were a very low number who were available for the vouchers and Les Kilday stated all of the units are available for vouchers but they go through the same screening practice as any other applicant so there is no specific number of units set aside for vouchers. Councilmember McGinnis asked if there is a quota requirement regarding the amount of vouchers that must be accepted and can the government decide that there needs to be more than the current nine and Les Kilday stated no but they do accept them if they qualify. Councilmember McGinnis stated when the other property was proposed at a recent Council meeting they were targeting people with restricted incomes, and asked if Council is doing the right thing by approving .,w this one and not the one from a few meetings ago. 03/21/11 3536 � Mayor Smith stated there is a difference between vouchers and subsidizing and this project is subsidized through the tax credit program; therefore the entire project is offered at a discount lower than market rate based upon people's income. This project is not geared toward Section 8 but rather to people over 55 on a limited income. Councilmember Barr asked what the current rents are and Les Kilday answered 12 units are at 30 percent of the median income which are one bedrooms from $280 to $290 and the two bedrooms are from $320 to $330 range. The rest of the units are at 60 percent of the median income which is around $600 for a one bedroom and the two bedrooms are from $700 to $750. Councilmember Barr asked Morad Kabiri if this project would require rezoning and Morad Kabiri stated yes. Councilmember Brown stated she thinks this project is different from the recent Renwick Estates project because this is an expansion and not a new project. She stated she knows there is a high inventory of apartments in the area even if the Gardens at Friendswood Lakes is at 95 percent, there is a new project going in at EI Dorado Boulevard which targets senior citizens as well and Mr. Kilday has mentioned that there are senior housing projects on the other side of I-45, also other apartment complexes with no age restrictions that do not have 100 percent occupancy. She stated if there is a waiting list of 58 for apartments at the Gardens of Friendswood Lakes then why is the occupancy only 95 percent rather than 100 percent, was told that only one person lives in the rentals but if the rents are determined by the incomes of one or two people that does not make sense because the second person is supposed to be a caretaker, is concerned that a glut will be created in the market and also about the liabilities tomorrow. She stated the basic rental agreement concerned her because it did not have enough limitations with the representations that were made. The caretaker could be anybody. Council was told that there was home owner support but the home owners were not notified en masse and there are only 29 home owners represented on the petition and one home owner has spoken in opposition, there are also emails from those voicing opposition, and cautions any commentary that states that a project is supported by the �"' absence in Chamber of the residents. She stated they are putting the cart before the horse if they support the proposal and then asked the residents if they have an issue, has great concerns with what she knows about rental communities like this, has gone into 30 year old rental communities that target seniors and has seen how they go into deplorable conditions, and is opposed to supporting the plan. Mayor Smith stated his perspective has nothing to with the Kilday's and Mitch Mitchell, has been impressed with the development so far, his lack of support has nothing to do with what has been presented tonight. He stated for him it is about the opportunity cost of what will be put on that land. In 20 years this will not be a senior apartment complex but rather just an apartment complex and must consider the possibility of services that must be provided to multi-family housing. Expanding this project precluded the possibility of a commercial project being placed on that property, looks like a small impact but it is not, is a loss of potential commercial property and will not be in favor of any high density, multi-family projects coming into the Friendswood community. Councilmember Brown left the Council Chambers at 9:50 AM and returned at 9:53 PM. Councilmember Holbert asked why the majority of multi-family housing projects do not move forward without the tax credit program and Les Kilday responded that there are market rate senior developments that do have much higher rental rates but his project has rent limits so there is only a certain amount of income that they can derive and because of that there needs to be a vehicle to help with the funding. Councilmember Holbert asked who establishes the rent limits and Mr. Kilday responded they are based on the median income and their application is a point system application and all of the units are at 60 percent of the median income or below. ...R 03/21/11 3537 � Counciimember McGinnis stated this is just like the last time this was discussed and his main concern is why all of these tax credits and subsidies are necessary, sees a bunch of baby boomers that are going to be retiring and there should be a fine market in Friendswood that does not require tax credits and subsidies, presented Council with a case study at the March 7, 2011, meeting that addressed some of the down sides where these sorts of government based incentives have been embraced and they were not helpful to the community. He stated this puts other developers at a competitive disadvantage. Councilmember Brown stated she is not begrudging the developers for using the tax credit system because that makes economic sense, is concerned with long range planning for the City and causing a glut and eating up commercial land, and does not think this is a good fit for Friendswood. Councilmember Barr stated he would really like to know whether or not the residents of Friendswood Lakes know that the median income of this property is set at 60 percent of the average income in those units. He stated he has concerns that residents do not fully understand what is being proposed. He stated he is concerned that the voice of the residents was brought without the voice of the residents and that they really know what is being proposed. Councilmember Hill stated he will support this because he believes it is supplying a need for this town. If a husband and wife who have lived in Friendswood all of their lives lose a spouse they cannot afford to pay $1,000 a month in rent. He stated everyone who sat through the earlier economic development work session should be able to see why they have such a job that they will never be able to do anything about. Councilmember Brown stated residential is not really considered economic development and Mitch Mitchell probably knows that. � **Councilmember Barr made a motion to approve the disposition of Bid No. 2011-06 for Water Plant No.5, rehabilitation, appropriation of funds and award to T&C Construction, Ltd. Seconded by Councilmember Barker. The motion was approved unanimously. *"Councilmember Barker made a motion to approve the disposition of Bid No. 2011-08 for Surface Water Plant No. 2, Phase 2—Upgrade, appropriation of funds and award to W.W. Payton Corporation. Seconded by Councilmember McGinnis. The motion was approved unanimously. *"Councilmember Hill made a motion to approve authorizing the Galveston County Consolidated Drainage District and the City to investigate the possibility of using the City's Hazard Mitigation Plan to apply for a grant for the Tributary II of Cowards Creek project. Seconded by Councilmember Barr. The motion was approved unanimously. "*Councilmember Barr moved to discuss a Request for Proposals for solid waste collection services. Seconded by Councilmember Brown. "*'`Councilmember Barr amended the motion to allow Staff to negotiate with IESI on renegotiating a contract for garbage services in the City of Friendswood without a Request for Proposals to allow the Recycling Committee to go forward with its recommendations. Councilmember Brown withdrew the second. Seconded by Mayor Smith. *'`**Councilmember amended the amended motion which would be to allow Staff to get a quote of a possible proposal of a recycling program for Friendswood from IESI. Seconded by Mayor Smith. The amendment to the amended motion was approved 5-2 with Councilmembers Barker and Holbert opposed. ..— ""*'`"The main motion, as amended, was approved. 03/21/11 3538 .�,, **Councilmember McGinnis moved to approve having City Council appoint a subcommittee of two to establish some formal dialogue with representatives from League City about mutual interests between the finro cities. Seconded by Councilmember Barr. The motion was approved 4-3 with Mayor Smith and Councilmembers Barr and Brown opposed. No action was taken regarding items scheduled to be considered during an Executive Session on March 21, 2011, including but not limited to the litigation with Wight Realty Interests, Ltd., related to a real estate contract between Wight and the City to purchase land in Alvin and/or settlement proposal ORDINANCES **Councilmember Barker moved to approve the Second and Final reading of Ordinance 2011-07 — an Ordinance of the City of Friendswood, Texas, amending Chapter 54, Offenses and Miscellaneous Provisions of the Code of Ordinances of the City of Friendswood, Texas and adopting a new Article Vll, lllegal Smoking Products and Ingestion Devices to prohibit the use, purchase, possession and sale of illegal smoking products containing certain plant, plant products or derivatives, chemical compounds applied to plants, and plant products or derivatives, or other substances, and ingestion devices used in connection with illegal smoking products, and to prohibit the use, purchase, possession, and sale of the synthetic cannabinoid products; dispensing with culpable mental state, providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing a repealer clause, a severability clause, a savings clause, and an effective date. Seconded By Councilmember Hill. The motion was approved unanimously. *"Councilmember Barr moved to approve the Second and Final reading of Ordinance 2011-11 — 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 property located at 107 Shadwell Way within the City from Planned Unit Development with Specific Use Permit (PUD-SUP) to planned Unite Development with (new)Specific Use Permit (PUD-SUP) to authorize the use of the property for NAICS uses #52 (Finance and Insurance), #531 (Real Estate), and #54, (Professional, Scientific and Technical Services Uses, except 541380 Testing Laboratories and 541940 Veterinary Services); providing for the amendment of the City's official Zoning Map; providing a penalty of an amount on to exceed $2,000 for each day of violation of any provision hereof; and providing severability. Seconded by Councilmember Hill. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Mayor Smith and Councilmembers Barker, Hill, Holbert, and McGinnis stated they had no report. Councilmember Brown announced that the Homeowners Association (HOA) Education Forum will be held April 9, 2011, in the Amoco Federal Credit Union Meeting Room from 8:00 AM to 12:00 PM, an RSVP is required, topics of discussion are economic development issues, development issues and insurance issues, notice was emailed as well as sent by U.S. postal mail. Mayor Smith asked if all Councilmembers can be on the list for notification of a meeting as well as a synopsis of the meeting and City Attorney Bill Olson stated he did not see a problem with receiving either type of communication. Councilmember Brown reported on the Washington D.0 trip to promote manned space, asked them to support the 2010 authorization bill, met with nine congress members the first day and seven congress members the second day and were well received. She stated she met with Harris County Commissioner EI Franco Lee who stated he has not had much outreach from the City of Friendswood, they discussed drainage issues and � MUD Gulley specifically, and she encouraged the City to reach out to the Harris County Commissioner and include him in projects. 03/21/11 3539 She stated they have spoken about parks issues and Harris County is agreeable to working with the City of Friendswood about parks development but is looking for financial cooperation, discussed Harris County buyout properties, he did not confirm any information but provided her with a packet of information that is given to citizens interested in that program. She stated there are more homes in Friendswood that are located in Harris County than ever before and stated the Frankie Carter Randolph Park is heavily used. She stated that there is a Tulane law intern that may intern with her this summer, and to please let her know if there are others who would like to intern because she would be happy to work with them on projects. Councilmember Barr reported that it is Youth Sports Day this Saturday, March 26, 2011. There will be a parade and activities at both parks throughout the afternoon. CONSENT AGENDA **Councilmember McGinnis moved to approve the Consent Agenda as presented: A. Approve Banner Permit Application from Friendswood Fine Arts Council for a banner to be displayed May 9-16, 2011, for the "Art in the Park" event on Saturday, May 14, 2011. B. Authorize the disposal of a vehicle from the Friendswood Volunteer Fire Department. C. Approve Minutes of the February 7, February 26, and February 28, 2011, Council Meetings. Seconded by Councilmember Holbert. The motion was approved unanimously. CLOSED EXECUTIVE SESSION Council convened into Executive Session at 10:52 PM in accordance with the Texas Government Code, pursuant to Section 551.074— Personnel Matters; to deliberate the appointment, employment, evaluation, „�,,, reassignment, duties, discipline, or dismissal of a public officer or employee; or to hear a complaint or charge against an officer or employee. (Evaluation of the City Manager). Council convened into Regular Session at 10:57 PM with no action taken later in the meeting. No action was taken regarding the annual evaluation of the City Manager. The meeting was adjourned at 10:58 PM. Mayor David .H. Smith Attest: F R�EIyQ O� S'!y . ��\��,� � � v Melinda Welsh, TRMC * * City Secretary s �4TF OF 'S�+Q� �