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HomeMy WebLinkAboutCC Minutes 2011-10-03 Special 10/03/11 3778 I STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( OCTOBER 03, 2011 MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCII THAT WAS HELD ON MONDAY, OCTOBER 03,2011,AT 6:00 PM AND A REGULAR MEETING AT 7:00 PM AT FRIENDSWOOD CITY HALI COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE,FRIENDSWOOD,TEXAS,WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR DAVID SMITH MAYOR PRO-TEM JIM HILL COUNCI�MEMBER MICHAEL BARKER ' COUNCIIMEMBER BILLY ENOCHS COUNCILMEMBER PAT MCGINNIS COUNCIIMEMBER JOHN SCOTT COUNCILMEMBER DEIRDRE BROWN CITYATTORNEY ARNOLD POLANCO CITY MANAGER ROGER ROECKER GITY SECRETARY MELINDA WELSH SPECIAL SESSION Mayor Smith called the meeting to order. I il Mayor Smith asked if anyone would like to speak regarding any of the Special Session topics. Bobbie Jones, Friendswood resident, addressed Council and stated there are very strict �equirements for businesses to be built in the City but there are no codes except for mowing once the business has opened. There must be property maintenance codes,some businesses on the main street of Friendswood look terrible and must be stopped immediately, cannot be written up for rust on signs, broken windows, rotten wood, or uneven fiooring. She stated dead shrubs have been piled up by one business for over fivo months and when they do mow, they leave weeds and do not clean up. If she had a business she would take pride in how it Iooks, believes that whoever has a building in Friendswood for customers should take pride in it. The City needs rules and guidelines to make them do what they should do and to keep the main drag looking as gorgeous, spent weeks and months making Iaws and codes to address the new businesses but nothing to regulate the old ones, and challenges ail to see to it that there are strict regulations for old businesses. She stated if she ca�be of any assistance please call her,Ioves her City and hates to drive by day by day and see i unkempt businesses. The City's Code Enforcement DepartmenYs hands are tied, please help them make Friendswood better. Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland opened ajointwork session with Council and the Planning and Zoning Commission regarding amendments to 1) Section 7.J.PUD and Section 8.H. Planned lJnit Development (PUD) standards and requirements, 2) Section 7.Q. Regulation Matrix- Residential Districts,regarding PUD Ciuster Homes,3)Section 7 Permitted Use Table, regarding PUD,PUD mixed use,4) Section 7 Permitted Use Table,regarding change in uses allowed in Neighborhood Commercial (NC), 5)Section 9.H.2. site plans regarding PUDS. Community Development Director Morad Kabiri explained items associated with the proposed amendments to I Appendix C, the Zoning Ordinance for Section 7.J. PUD and Section 8.H. Planned Unit Development(PUD) standards and requirements. He stated the other items are cleanup efforts for PUD's and use changes for Neighborhood Commercial. I I � �II 10/03/11 3779 Chairman Holland stated a PUD is a negotiated zoning but do not throw it to the curb and forget the work put into Ciuster Homes and Mixed Use PUD's because was beneficial for lannin of Cluster Home PUD's and p 9 Mixed Use PUD's such as the one that was going to be done on the Whitcomb property. Mr. Kabiri suggested , renaming in the Permitted Use Table (PUT) from PUD Cluster Home to Single Family Residential-Cluster ' (SFR-C), Single Family Patio Home-Cluster orjust another use-by-right category. Chairman Holland stated this would give people guidelines to use in the future. Mayor Smith reminded not to forget the historical significance of the past zoning designations. Mr. Kabiri explained further that Staff was concerned the PUD categories gave the impression those were use-by-right categories and are not,should create a use-by-right- category that includes definitions and guidelines but rather than caliing it a PUD Cluster call it Single Family Cluster or Singie-Family Garden Homes so they are more in linewith other use-by-right categories listed in the PUT, is a naming issue. Mayor Smith stated the idea behind Garden or Ciuster Homes was not to increase the density allotment but to reduce the lot size and create a greater amount of open space, asked if it would remove Garden Home and Cluster Home from the PUD process and Mr.Kabiri stated yes and no,no from the perspective that there is no Cluster Home zoning except for one specifically approved for West Ranch, property would have to be rezoned in order to get the Garden Home or Cluster Home designation because the minimum setback and lot size are already established and developers would have to follow those regulations. Mayor Smith stated to get development for Cluster or Garden Homes approved would still have to go through the zoning process. Planning and Zoning Vice Chairman Mark McLean stated members of the Community and Economic Development Committee(CEDC)showed up at the meetings and put effort into this. An option is to submit a conceptual plan, go to the Development Review Committee(DRC), and get approval for zone and uses. The developer can go through this process without incurring engineering costs because atthe DRC meeting Staff can educate the developer on uses for property and Council would ultimately decide. Since it will be its own zoning district there will not be any more use-by-right categories because each application would fall on their own merits, stated this proposal got good feedback from the development side. Councilmember Brown stated there is nothing that prevents Gouncil from using its discretion on a PUD ' currently and Mr. Kabiri stated that is correct. Councilmember Brown stated not all of these extra regulations are needed but it may provide approved guidelines for people to consider and Mr. Kabiri stated the route to follow is written where they can understand and developers will take comfort in that when submitting an application. Councilmember Brown stated it is currently wide open and approved restrictions will define it further. Mr. Kabiri stated Council is within their rights to waive requirements located within the Zoning Ordinance but this is allowing people to see this option exists. Councilmember Brown stated she would like to clarify because she heard that projects were hampered because of current regulations but those projects could have moved forward under the current guidelines, appreciates the Planning and Zoning Commission taking up this issue to put more clarity for people who are dealing with the City, and information should be made available so that everyone knows about the changes. Councilmember Barker stated it makes the process more customer-friendly upfront and appreciates all the work. Councilmember Hill asked if the entirety of the project is considered when calculating density or just buildable land and Mr. Kabiri stated the entire platted tract is looked at. Councilmember Hiil stated he thinks only buildable property shouid be considered. Chairman Holland stated he sees both sides on that but people wanted to see open space and it was not relevant to them if it was in the floodplain or not, othenvise the usable open space would shrink and the adjacent property could not be taken advantage of except for drainage. Planning and Zoning Commission member Jim Gibson stated by having Cluster Homes the way it is makes some land developable that otherwise would not be. Chairman Holland stated the fourth item is Section 7, Permitted Use Table regarding change in uses ailowed in Neighborhood Commercial and Mr. Kabiri explained day cares and dance academy uses are added. Mayor Smith asked if there were any negative issues attached to this change and Staff stated there are not. Chairman Holland stated the only negative was that Neighborhood Commercial is typicaily adjacent to major thoroughfares and this will make educational areas where children will be Iocated an issue of traffic safety. I � ! 10/03/11 3780 Mayor Smith opened discussion with the Planning and Zoning Commission (P&Z), the Community and Economic Development Committee (CEDC), and Keep Friendswood Beautiful (KFB) Committee regarding Downtown District streetscaping requirements. Community Development Director Morad Kabiri explained that Councii adopted the Downtown District regulations in 2007,which aliowed amenities such as sidewalks,park benches, lampposts and trash receptacles up and down FM 518 to create a walkable Mixed Use District. In 2008, modifications were done resulting from developer input and several projects were done with those new standards. The recent concern by CEDC and KFB is that guidelines are too loose and a developer or , business owner can use concrete for a sidewalk instead of brick pavers. This makes Staff on a pendulum because the direction is either too stringent or too loose, understands that at the end of the day, uniformity is desired and achieving it is easier when big acre tracts are being developed by one developer, however uniformity can be achieved through regulations or incentives but Staff needs further direction. P&Z Chairman Holland stated giving incentives is Iike a handshake,and Mayor Smith agreed a�d stated the City helps them with defrayed costs through incentives and they help the City by creating uniformity. P&Z Chairman Holland asked if anyone has built in the Downtown District and done the conformities but not asked for incentives and Mr. Kabiri stated the differe�ce is that some can occupy a downtown building and get incentives without changing the building. Mayor Smith stated not only should incentivizing improvements be considered butalso occupation and overall business development of the downtown area. Economic Development Coordinator Karen Capps stated the incentives that are offered are the municipal grant, Neighborhood Empowerment Zone, the area that can be "opted in on" is from Castlewood to Whispering Pines, at least facades, and sidewalk improvements must be done in order to opt in and get fees waived. The original intent of the Neighborhood Empowerment Zone from FM 2351 to Castlewood was an automatic fee waiver because the creation was for the purpose of revitalization in the form of value and job creation. Mayor Smith stated he is interested to see what Councii consensus is going to be, may need more work to narrow down the scope, if it is going to be stronger than just a suggestion, then Staff will need to know how far Council wants to take it. ' Ms.Capps stated CEDC member Brett Banfield can elaborate more,and furtherstated when Council adopted this zoning,developers were allowed offsite detention and other concessions than are allowed in other parts of the City. CEDC member Brett Banfield stated he is against this as a developer because it means more regulations but Council and the Planning and Zoning Commission have done so much fordevelopers such as improve drainage,can now buy offsite detention which has saved the developer a lot of money and Council is not asking a lot in return, and is a fair request to help make downtown look better. Council has helped developers and is asking for them to help back,cannot do away with power lines since it is cost prohibitive so the lampposts, street pavers and other visual amenities take the eye away from the power lines, and the � conformity of downtown wili help produce economic development. Mayor Smith asked CEDC member Brett Banfield if the committee was in favor of the proposed changes and Mr. Banfield stated he believes so,was concerned about people not following the guidelines so it will help to make it mandatory, adds value to his property and is a win-win for everyone, and thanked Council for the work already do�e. P&Z Chairman Holland asked how far Council wants to go, part of the changes are on the ground already, and are these � changes what are going to be agreed upon. P&Z member Mark McLean stated currently there is an opt-in procedure for people within the Downtown District, there is zoning that is not downtown zoning but is in the Downtown District,will be up to the owner of fhe property that is not zoned if they want to take the plunge or not, a Iot of work has been put into the Design Criteria Manual and there is an opt-in procedure. KFB Chairman Sherry Goen stated the City's Community Services DirectorJames Toney brought her up to date on � aIl of the regulations and has researched the progress of this through 2007,stated last spring she was called � by a developer who wanted to know why other businesses were not following the guidelines,there needs to be some consistency, understands the argument that this is a unique situation because Friendswood is an older town. Ms. Goen reported that Keep Friendswood Beautiful sends letters to businesses to encourage their efforts of conformity and if all three committees work together, the desired Iook will occur. If this is going to progress all will have to come together and work on it, start with a few, maybe all will come on board,is not an ' impossibiliry. i 10/03/11 3781 Councilmember McGinnis asked what the pushbacks from other developers are and what happened four or II five years ago on the other side of the pendulum and Community Development Director Morad Kabiri stated there have been instances where existing concrete sidewalks were there and the developers thought it was too costly to rip out the concrete and add pavers. Three or four years ago the issue was where to locate the fifteen foot parkway streetscaping amenities, for instance, is it in the right-of-way or on public property, are issues Iogistically,and developers felt regulations were too stringent. The Ciry had a meeting in February of 2008 where the developers did not buy into the strict conformity but wanted more flexibility, most of the developers will meet or exceed the required regulations so guidelines are written for those thatwill do the bare minimum. Staff will implementwhatever Council decides butwants Staff to be able to stand behind whatever is decided. Councilmember McGinnis asked what the cost is of ripping out sidewalk and installing pavers and Mr. Kabiri gave an estimate. Mayor Smith stated what he is hearing is that there is good healthy debate on pros and cons,aesthetics versus costs, his concern is if a developer comes in and refuses Staffs suggestions because he got a good deal on red light fixtures and puts them in, the question is does the City want that, stated more regulations would limit on a short term but would eventually make it amenable to building downtown, market forces are at work and the City does not have teeth now to continue to require the look and trying to find balance is the question. Councilmember Hill stated when he got elected in 2006 there was nothing going on in downtown and all ' realized that something was needed to bring people back to the Downtown District so the City came up with this idea and Ieft flexibility in it to keep from running people off or deterring them,came up with incentives and drainage, do not let the pendulum swing back so far that it goes back to six years ago, economy is bad and it is hard to start new businesses. Whatever is done needs to be done with caution because more harm than good may be done, and despite the bad economy, things are good in Friendswood. P&Z member David O'Farrell stated he was in this Council Chamber twenty years ago pushing against requirements for landscaping and it was hard but has helped with a one hundred percent lease on his properties, stated a developer will benefit from the things the City asks him to do and it will help leasing rights. Counciimember Barker stated he agrees with Councilmember Hill. Staff and Council have put a lot ofwork to not make this too hard. If we have a sidewalk issue, it is not wrong to fine-tune but do not let that fine-tuning go into that they have to have a specific lamppost and other such specific guidelines. He stated if the sidewalk requirements need to be fine tuned then just do that and do not let it override into lampposts, the perfect thing might never be achieved so do not overdo the fine-tuning. Councilmember Brown stated she agrees with Councilmembers Barker and Hill, talk has been had about saving the developers with incentives but Friendswood's incentives pale in comparison to other cities' incentives. She stated aesthetics have been talked about for years, most effective thing that has been done to help with downtown is the Keep Friendswood Beautiful committee's proactive efforts such as the letters and encourages them to keep it up. She asked what types of pavers are going to be put in because there are I many kinds,commented that Banfield's property and Dunn Brothers looks great. Dunn Brothers is the nicest looking on the street,and there is a flower shop that has been there forever and there are no brick pavers,do incentives above and beyond what is currently offered but do not Iegislate because it is hard to get people to comply. If the Ciry wants a uniform look the� have the City invest in it rather than the developer, can be moved forward with more proactiveness,and likes the current balance. Mayor Smith stated it may be a good idea to reach out to downtown business owners and see what they think,would be a good litmus test, some i may not want to develop their land if they know their neighbor would put red lights on their building. Counciimember HiII stated he is happy the way it is. Councilmember Enochs stated it would not hurt to get customer input. Councilmember Barker stated he is with Councilmember Hili, is not broken badly, maybe it can be fine-tuned but is not for starting the whole thing alI over again. Councilmember McGinnis stated he � agrees with Councilmember Hill's opinion that there is a good balance right now but maybe developers can help with right mix of incentives. Councilmember Scott stated he agrees with Councilmember McGinnis and the key is incentives, they will want to do things that will make property values goes up. I i i � 10l03/11 3782 If the City tells them they have to do it then give them the incentive to look past the requirements and draw businesses in,does need to look uniform, looks better than it did in the 80's and the bestway is to incentivize developers. Councilmember Brown stated the discussion has been related to developers but there are new and existing structures so uniformity may take 30 to 40 years to turn over properties, suggested surveying the landowners and be careful of questions in order to get open responses,would not limit the questions to just sidewalks but include asking what the City can do for them to help keep properties occupied. Councilmember Barker stated the main issue of the sidewalks that came up was from a Iarge tract of Iand in the Downtown District and o�ce that gets solved the extraordinary cost would not apply as much,was a big property and that was why it was going to cost so much. Mr. Kabiri stated if that property would do pavers, it would address the CEDC's concerns but that being said the flower shop still has fourfeetof concrete sidewalk so there would still be issues of pavers. Councilmember Barkerstated would not have pushback from others because theywould �ot have as large of a size. Council may be trying to change something for one situation and it will not apply for other properties. Mayor Smith stated the input being received from the three committees is more thanjust sidewalks. KFB and CEDC are looking at a long-term Iook rather than just sidewalks and the discussions have touched on the pros and cons for a long-term issue. Councilmember Barkerstated has grown in the Iast four years and has created uniformity. Mayor Smith stated he hears that there is a fear that the next one will not be the same as the Iast, committees are trying to be proactive and tryi�g to tweak the guidelines. Mayor Smith stated that what has been heard from Council tonight are healthy concerns and pros and cons of both sides and the concern of swinging the pendulum too far back and overregulating or not taking chances on what it will look like. Committees can take the suggestions offered tonight and find common ground. P&Z Chairman Holland stated the discussion has been very good but has no idea where the Planning and Zoning Commission's discussion upstairs is going to go. Mayor Smith stated he has no expectations at this point. CEDC member Brett Banfield stated please think Iong-term and what it will look like in 20 to 30 years and consider that pavers cost�6 a foot,which is peanuts. Mayor Smith stated he is in favor of consistency and is in favor of conformity in the Iong haul, however, he understands that there is not a consensus by Council, all three committees have the ability to make recommendations to Council at any time, appreciates the opportunity to discuss the issue and hopes the water was not too muddied. Mayor Smith thanked the committees for their time and effort and closed the Special Session. REGULAR MEETING Mayor Smith called the meeting to ordec ' The invocation was given by Father Robert Moore of the Good Shepherd Episcopal Church. Mayor Smith Ied the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS PROM THE PUBLIC I Fred Krch, Friendswood resident,addressed Council and stated everything he is saying tonightwas written by someone else, will start by reading aloud a portion of the Declaration of Indepe�dence. After reading, he stated the important part of the document is the part that refers to respecting the opinions of mankind. He then read an excerpt from The American Conservative. He then read a quote from Mark Twain and stated Christians should vote on Christian principles and referred to Job 28:12-28 and Isaiah 521 of the HolyBiBle and stated those references tell where wisdom comes from. Nobody in here is irreplaceable and no one is indispensable,there is the argument of keeping those with experience but they got the experience through on- the-job training, and is against granting any more terms. Diane Fischer, Friendswood resident, addressed Council and stated she Iives at the edge of Friendswood, I bought there with confidence that the lot across from her would be residential, and heard it may go I commercial, is concerned for her property values and her retirement if it does go commercial. � i I 10/03/11 3783 i Nick Gordon, Friendswood resident, addressed Council and stated he is concerned with what is being i proposed across the road from him, is given to understand that the rules are that the developers should letthe people know around an area that they are proposing to develop it and that has never been done, wrote to Council and expressed his co�cerns,was impressed when he moved to Friendswood that there was no big box stores. FM 2351 is a fast road and does not get patrolled often,a racquet club going across the road is a concern with increased traffic, is a danger, is against it being changed from residential. Marcus Rives, Friendswood resident, addressed Council and stated his issue is with the property being developed across the street from his neighbors and adjacent to him. A request has not gone through zoning process and is currentiy zoned residential. Most of the development is not in Friendswood but some is, this property should be residential and not commercial based on the City's zoning guidelines,two detention ponds will be eyesores and will hurt his land vaiue, has heard they may be soccer fields but the Permitted Use Table states that soccer fields are not permitted, is concemed about Iand values, knows the City Attomey has , chimed in but does not think the City Attorney is looking at everything,thinks this needs to be looked at more closely, has issues with lights shining in his back yard,fencing, and sound. Thinks the property owner needs to comply with the City's zoning ordinance for commercial properties in order to help keep their property values up. Councilmember Brown asked Marcus Rives if there was a specific motion that he would like Council to consider today and Marcus Rives answered they need to comply with the process to rezone the property to commercial. He stated he has spoken with both Galveston County and Brazoria County Drainage Districts and they both consider it commercial and does not know why Friendswood would not. Charles Pendergast, Friendswood resident, addressed Council and stated hewould Iike for Council to support Agenda Item 11 relating to Homeowners Associations (HOA's), is not new and was started by former I Councilmember Leslie Reid. He stated he has attended aII three of the HOA Education Forums put on by � Councilmember Brown and the August meeting was helpful with the recent legislative changes, has read the � City policy on e-mail notices and in his opinion, this is municipal business. He stated also that his Homeowners Association opposes seismic testing but would support a town hall meeting to address all of the issues. Simon Anguiano,Vice President of the Friendswood Police Officer's Association, addressed Council to say the Friendswood Police Officers Association appreciates Council supporting merit raises and the Employee Pay Plan, stated they believe an Employee Pay Plan is an essential tool in the management of personnel by allowing competitive recruitment and the retention of quality employees,recently Iost iwo quality employees to a neighboring city and all of the cost for training them is Iost. He stated in recent years Friendswood has earned several awards and one of the common criteria was low crime rate, thanked Council for thinking of employees as assets and not liabilities. John Adam Hiil, Friendswood resident, addressed Council and stated he is a lifelong resident and ow�s two businesses. He stated he is here to respond to a Ietter that Council, the Planning and Zoning Commission and Staff received from Mr. Rives regarding the FM 2351 project comprised of a proposed health and fitness club in the extraterritorial jurisdiction of Pearland in Brazoria County. He stated the preliminary drawings mentioned by Mr. Rives are still under review. Hill-Hubbard Development has metwith City Staff on numerous occasions over the past six months to address compliance issues. This development project traverses two cities, two counties, two school districts, two drainage districts, two electrical providers, one extraterritorial jurisdiction, the Texas Department of Transportation and countless pipeline lines, is very difficuit to develop and the City has helped with the developers compliance of the rules of all twelve government entities and they have met all requirements. He addressed some of the points in Mr. Rives' Ietter and stated an increase in traffic will probably happen. Council voted unanimously to provide City services to theirdevelopment,and the developer acknowledged that they did not submit their plans to the Planning and Zoning Commission because they do not have to since the project is in Brazoria County and there is no need for zoning. I I 10/03/11 3784 He stated that Mr. Rives asserted that the developer used an end and around to escape compliances on City codes and ordinances and nothing can be further from the truth or the facts. The smailer amount of acreage is in a park-Iike setting because it was betterfor homeowners around it,stated Hill-Hubbard is a homebuiider in Friendswood and they do not desire a negative effect for homes. Mr. Rives made the wrong assumptions, will be good neighbors but theywill need lighting for the facility, are months away from fencing,the facility wili be used for exercise and the noise will not be more than the nearby gas station and storage facility. Councilmember Brown left Council Chambers at this time. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS An annual reportwas presented by Don Gartman, President of the Galveston County EconomicAlliance. Mr. Gartman explained who the Galveston County Economic Alliance is, stated Hurricane Ike is still having a detrimental effect on the area's economy but last year was a good year for the alliance,works closely with the petrochemical industry, and added that last year the petrochemical compiex paid$64 Million dollars in taxes to Galveston County,the school districts, Gity and others all totaled$254 Million dollars. No one could afford to ' live in the Galveston County without that tax base. They are working with nine different industrial properties. The Tangier-Simon premium mall is currently under construction and reported on many other ventures that are on the horizon. He introduced Carol Cobb as the new Director of the Small Business Development Genter and other members of Staff and stated this is the best Staff they have ever had. The Galveston County Economic Alliance attended training and expanded services and programs, updated theirwebsite,and works closely with University of Texas Medical Branch (UTMB) to restore hospital services to the Ievel before Hurricane Ike,will continue to work with the petrochemical plants, subdivision developers, new and existing entrepreneurs in Galveston County,work closely with the economic development organizations throughout I I Galveston County to preserve and bring new developments and jobs to Galveston County, appreciates Council's support of and belief in the Galveston County Economic Alliance. Councilmember Brown retumed to Council Chambers. An annual report was presented by Bill Provenzano, Chairman of the Friendswood Chamber of Commerce � (Chamber) Board. He stated he would Iike to thank Council for their support and stated the membership is over 500 strong and they are very active. He stated the Chamber receives daily telephone calis for information on events and services and relays the information to the callers and refers them to appropriate contacts, partnerwith the Office of Emergency Management and the Friendswood Poiice Departme�t to relay information to clients, produces an annual Chamber directory that is mailed to over 10,000 residents and 4,000 businesses, reported on the events the Chamber sponsors, they produce an annual map to heip newcomers and businesses, the website provides links to important community items. The Chamber Board I Room is used by City organizations at Ieast four times a week. Chamber President Carol Ives Marcantel has � been with the Chamber for eighteen years,attends many meetings and promotes Friendswood throughout the state. Events Coordinator Lucy Woitz has been with the Chamber for sixteen years, and attends many community events. Mr. Provenzano stated that the Chamber's annual gala will be held at the Green Event � Center in Friendswood. He reported on networking breakfasts and monthly luncheons, helped with the City of i Friendswood's State of the CityAddress,and further reported on many other events that the Chamber hosts. The Chamber thanks Council for aII theirsupport. Mayor Smith thanked them for providing supportand forthe great job they do. A report was presented by Leola Hill-Hancock, Chair of the Charter Review Commission. She stated she i would Iike to introduce members present,which were Kitten Brizendine, Bill Provenzano and Robin Hali,and ! named the Staff Liaisons, which are City Manager Roger Roecker, City Secretary Melinda Weish, and City I Attorney Steve Weathered. She stated the State requires the Charter to be reviewed every five years and the last review was 2006 with items put on the ballot in 2007. She stated the current Charter Review Commission has met twice; the first was a�organizational meeting to eiect the Chair and Vice Chair, they received their ; commissions and heard remarks from Mayor Smith regarding their great responsibilities. ; I i 10/03/11 3785 On September 22,2011,they began their in-depth review and discussion of the Charter and theywill proceed with that at the next meeting,are very eager to receive input from citizens,from elected o�cials,and Ciry Staff as to changes or recommendations they believe should be reviewed by the commission. They have already received some items from citizens and,as has been the practice in the past,the Gity Secretary maintains a list of items,which come up such as questions. They have established guidelines that will allow them to receive the same information from all citizens;therefore,they are asking for input as soon as possiblewith a deadiine of October 31, 2011, in order to meet their deadiine. She stated submissions must be in writing through the City Secretary's office, piease cite the section number,what additions, changes, and deletions are important and why they are important. The commission has a strong desire for alI citizens to be involved and aware of the commission's current review of the Charter. The City Manager's o�ce has posted announcements on the website, through the City email notification systems, and on the municipal television channeL The review of the charter has received publicity from the newspapers, and is appreciated, thanked Mayor Smith and the Councilmembers for the confidence they have placed in the Commission and looks forv✓ard to the opportunity to serve the citizens of Friendswood. A Parks and Recreation Board report was given by board member Penny Burke. She stated in January when the Parks and Recreation Board met with Council one of the duties was to bring back ideas for the Parks Dedication ordinance, and listed the six points for them to review. She stated the second item was the development of Friendswood Lake but the City did not get the grant so the Parks Board is requesting that the City allow them to tap into money Ieft over in the budget of �85,000 and also receive funds from the Community Park account to create drainage swales on Windemere Road, put a gate with electricity,mowand put some signage which would put a rough park together with the hope over the next few years that grant money would be available or do a bond, need direction on how they can assist but they are not sure what direction to go, need the Park Dedication Ordinance(PDO) changed with the six points. Councilmember Brown stated the question being posed is what direction Council will give the Parks and i Recreation Board and Parks Board member Penny Burke agreed. � Mayor Smith stated there is not appropriate notice on the agenda for Council to give direction, suggested Ms. Burke meet with he and the City Manager, and place it on a future agenda. Gouncilmember Brown stated the liaison for Parks Board is the appropriate person to reach out to for items on ' the agenda. Councilmember Scott stated as Council liaison he can do that and would like to have Mayor Smith and the City Manager be a part of that meeting. � Ms. Burke stated the Parks Dedication Ordinance(PDO)needs to also be looked at, explained other issues with other parks including West Ranch Park. Mayor Smith stated those items may be placed on a future agenda. CITY MANAGER'S REPORT ' City Manager Roger Roecker reported on the "28th Annuai National Night OuY', a unique crime/drug prevention event sponsored by the National Association of Town Watch(NATW),which has been scheduled for Tuesday, October 4, 2011. AII communities/subdivisions are invited to be a part of National Night Out 2011. Last year's National Night Out campaign involved citizens, Iaw enforcement agencies, civic groups, businesses, neighborhood organizations and local officials from over 15,000 communities from aI150 states, U.S. Territories, Canadian cities and military bases worldwide. In all, over 37 million people participated in National Night Out 2010. National Night Out is designed to heighten crime and drug prevention awareness, generate support for and participation in local anti-crime programs,strengthen neighborhood spirit and police- ; ; community partnerships, send a message to criminals letting them know that neighborhoods are organized I and fighting back. j I 10/03/11 3786 Friendswood neighborhoods and homeowners' associations are encouraged to contact Crime Prevention Officer Kevin Crouch, at 281-996-3316, to sign up for the event. The Friendswood Police Department will work to have department representatives available to visit neighborhood events. Friendswood is looking forward to this year's Nationai Night Out,and the Police Department is once again working to contribute to its success. The City Manager reported on current capital projects in the City,which are progress on the City's newAnimal Control Facility that is coming along nicely. The project is approximately a month away from completion. At this time,all exteriorwalls have gone up and the roof is complete. The contractor has started building out the interior of the facility. Demolition activities associated with Fire Station No. 3 rehabilitation are i�full swing. The building's rearwall has been taken down and paving poured for the bay extension. Additionally,all sheet rock and fiooring within the facility have been removed from the project site. Construction activities have recently started on the installation of a parking Iot adjacent to the new junior high campus. The project includes 147 new parking spaces, along with two new driveways onto the neighboring access road leading to the park's football stadium. Parking issues have arisen with the current youth sports activities at Centennial Park. Staff is working with these groups and is doing everything possible to bring this much needed improvement to completion as quickly as possible. Construction continues on Melody Lane from FM 2351 to our corporate limits. This Galveston County project is approximately 45 percent complete. At this time, the contractor is currently installing one of the more difficult outfalis into Mary's Creek,through the Mary's Creek Estates subdivision. Staff has worked to coordinate the contractor's activities with impacted homeowners, which has helped considerably during this phase of the project. The reconstruction of SunnyviewAvenue and Skyview Terrace was recently completed and opened up to traffic. This project was funded entirely by proceeds of the 2008 Bond Program geared toward improving streets throughout Galveston County. Via an Interlocal agreement, the City assisted in the management of the project during design, bidding, and construction. The City Manager reported that the City received official notice of award from the Governor's Criminal Justice Division that the grant application for Edward Byrne Memorial Justice Assistance Grant Program was successful. This grant provides�47,485 to retrofit the police departmenPs 2010 Ford F450 box truck into an Emergency Response Vehicle using the services of a turnkey manufacturer. The project will improve the vehicle's safety, reliability and effectiveness in its support of criminal incident response and high-riskwarrant service. The retrofit wiii provide better cargo space configuration, interior and exterior features, emergency light and crime scene lighting, and will enable officers to safely deploy and manage emergency situations. Additionaily, the Police Department will be participating in a Regional DWI program as a sub-grant recipient. The grant is managed by H-GAC and TxDOT. As a sub-grantee, the PD will submit performance reports based on enforcement activities during seven 3-day holiday periods. The grant provides reimbursement for overtime funding for additional police officers to work selective traffic e�forcement during those holiday periods. The City Manager reported that the City of Friendswood's Charter commonly referred to as the"constitution"of Friendswood that establishes the City's rights and powers, requires that the City Councii appoint a Charter Review Commission every five years. That Commission is made up of seven Friendswood citizens who are tasked with determining whether any section of the Charter requires revisions or amendments and reporting their findings, if any, to the City Council. In compliance with the City Charter, Friendswood's City Council recentiy appointed the newest Charter Review Commission,and the commission is nowformally inviting input on the City's Charter from aIl Friendswood residents. Friendswood's current City Charter can be found either inside the City Secretary's Office at City Hall, 910 S. Friendswood Drive, or by clicking Charter/Code of Ordinances under the 'Government Information' tab on the City's website which is www.friendswood.com. Anyone wishing to provide input or suggestions about the City's Charter can submit their input to the City Secretary at City Hall, by telephone at 281-996-3270,or by e-mail at mwelshCilfriendswood.com. Deadline for submissions is October 31, 2011. 10/03/11 3787 � ACTION ITEMS `*Councilmember Hill moved to approve the adoption of the City's Financial Management Policy. Seconded by Councilmember Barkec The motion was approved 6-1 with Councilmember Brown opposed. "Councilmember Brown moved to approve a contract renewal with the Friendswood Chamber of Commerce in the amount of$20,000 and authorizing the Mayor to execute the contract. Seconded by Councilmember Hill. The motion was approved unanimously. Many thanks and words of appreciation were expressed by Council and Staff to the Friendswood Chamber of Commerce for aIi that they do to promote the City of Friendswood. Councilmember Hili left Council Chambers at this time. **Councilmember Brown moved to approve that Council request a formal written opinion from the City Attorney regarding any project proposed related to the FM 2351 residentiai lot that was discussed during ' Public Comment. Seconded by Councilmember McGinnis. A lengthy discussion was held by Mayor, Councii, and City Attorney regarding Iegai issues related to the proposed project on and adjacent to FM 2351 with concerns regarding construction and applicable ordinances or regulations related to the project and Councilmember Brown's request for a written Iegal opinion. ***Councilmember Brown moved to convene into Executive Session to discuss Iegal issues regarding this project. Seconded by Councilmember Barker. The motion was approved 6-0 with Councilmember HiII absent for the vote. � CLOSED EXECUTNE SESSION Council convened into Executive Session at 830 PM in accordance with the Texas Government Code, pursuant to Section 551.071 —Consultation with attorney concerning pending or contemplated litigation; a settlement offer; or a matter in which the dury of the attorney requires it. (Concerns presented to Councii by resident regarding Agenda Item 14 on the September 12,2011,Councii Meeting and proposed project on and adjacent to FM 2351,with concerns regarding construction and appiicable ordinances or regulations related to the project referenced in Agenda Item 14.) Council convened into Open Session at 8:55 PM with action taken Iater in the meeting. ACTION ITEMS *'*'Councilmember Brown withdrew the motion to approve that Council request a formal written opinion from the City Attomey regarding any project proposed related to the FM 2351 residential lot that was discussed I during Public Comment. *`""*Councilmember McGinnis withdrew the second to that motion. No action was taken. ( Councilmember Hili retumed to Councii Chambers at this time. "Councilmember Brown made a motion to discuss Council Meeting Rule 11 and whetherthe seismic permit request recently is impacted by Rule 11 and for Council to determine whether there is a consensus as to the , second seismic permit that was received and whether that is identical to the first seismic permit that was ' 'i received a couple of months ago. i : I i ; 10/03l11 37$$ ""Councilmember Brown clarified the motion to state that the second seismic permit is not the same identical question that was raised in the first seismic permit received a couple of months ago from Denbury. The motion died for Iack of a second. '"Councilmember Brown made a motion that the first seismic permit is considered to be identical to the second seismic permit that was proposed. The motion died for lack of a second. "Councilmember Brown made a motion that Council discuss the meaning of Rule 11 of the Council Rules of Procedure. Seconded by Councilmember Scott. ***Councilmember Brown amended the motion to convene into Executive Session. Seconded by Councilmember Scott. The amended motion failed 1-6 with MayorSmith and Councilmembers Baker, Enochs, Hill, McGinnis, and Scott opposed. A lengthy discussion was held by the Mayor, Council and Gity Attorney regarding Rule 11 of the Council's Rules of Procedure, Reconsideration of a Subjectwhich states thatwhen an ordinance,resolution, motion or other measure of any sort has been placed before the City Council and defeated,the same question shall not again be considered by the City Council until a lapse of ninery[90]days,as well as a request to reconsider an agenda item regarding a permit for seismic testing which failed at the September 12,2011, Council meeting. Further discussion was held regarding whether changing one word changes the meaning, is it an identical issue as the original agenda item, need to study more carefully, and whether further discussion is desired. *"**Councilmember Barker moved to limit the debate to the time spent on the issue. Seconded by Councilmember HiII. The motion was approved unanimously. '***'Mayor Smith called the question to vote on the original motion that Council discuss the meaning of Rule 11 of the Council Rules of Procedure. The motion failed 1-6 with Mayor Smith and Councilmembers Barker, Enochs, Hill, McGinnis, and Scott opposed. "'Councilmember Brown made a motion for the City Council to approve the Homeowners Association(HOA) Liaison to schedule and work with the HOA's on quarterly or fewer education forums using City Secretary's I resources and funds for mailouts. Seconded by Councilmember McGinnis. The motion failed 2-5 with Mayor Smith and Councilmembers Barker, Enochs, Hill, and Scott opposed. Lengthy discussion was held by Mayor and Council regarding whether the HOA Education Forums were � considered city business,should they be suspended if not,has benefits,well attended, is HOAan extension of ; municipal government, idea of creating an HOA committee, historyof how this aII began,has gotten a life of its � own, many HOA's can afford to hire their own attorneys and educate themselves, do not pile more work on Staff, should be handled by homeowners, and should not use city resources for this. Gouncilmember Barker asked for clarity on the motion and Councilmember Brown stated the motion was to allow for quarterly or fewer forums as have been done in the past and to allow the City Secretary to make one mailout for each forum. ' "`Councilmember Barker stated he would like to call the uestion to cease further debate. Councilmember � 4 I McGinnis objected. The motion to call the question was approved 5-2 with Councilmembers McGinnis and '� Brown opposed. ' i � I I 10/03/11 3789 **Councilmember Brown moved to dispense with the Homeowners Association(HOA)position as stated since I' there is no way to effectuate the process that has been used up to this point. The motion died for lack of a second. No motion was made regarding designating a page on the Citywebsitewith Homeowners Association related information. No motion was made regarding Charter Review Commission selection,including but not limited to comments made by Kirk Lippert. No motion was made regarding Information Technology updates. No motion was made regarding update on Solid Waste Co�tracts. '*Counciimember Brown moved to schedule a workshop regarding pipeline issues with experts in the field including an energy expert as recommended. Seconded by Counciimember McGinnis. Discussion was held between the Mayor, Council, City Manager and City Attorney regarding several recent pipeline issues raised within the Ciry and the value of a Town Hall meeting or Gouncil workshop. "'Councilmember Brown amended the motion to set up a committee of three Councilmembers to determine the subject matter of a workshop to be held and have that posted on the next City Council agenda. Seconded by Councilmember McGinnis. ' Further discussion was held between the Mayor,Council,City Manager and CiryAttorney regarding the intent, expectations, and goal of the committee and a possible workshop. *'*'Councilmember Hill moved to table the item until the next Council meeting after hearing from Staff. Seconded by Councilmember Barker. The motion to table was approved 5-2 with Councilmembers Brown and McGinnis opposed. RESOLUTIONS "Councilmember Brown moved to approve Resolution R2011-30-A Resolution of the City of Friendswood, Texas, Galveston/Harris Counties, nominating Evelyn Timmons to the Board of Directors of the Galveston Central Appraisal District for 2012-2013. Seconded by Councilmember McGinnis. The motion was approved unanimously. '*Mayor Smith moved to approve Resolution R2011-31 - A Resolution of the City Council of the City of Friendswood, Texas, Galveston/Harris Counties, nominating Ed Heathcott for a position on the Board of � Directors of the Harris County Appraisal District for 2012-2013. � Seconded by Councilmember Scott. The motion was approved 6-1 with Councilmember Brown opposed. ORDINANCES '*Councilmember Barker moved to approve the Second and final reading of Ordinance 2011-27 - An I Ordinance of the City of Friendswood, Texas, repealing Ordinance 2011-07 which amended Chapter 54, Offenses and Miscellaneous Provisions of the Code of Ordinances of the Gity of Friendswood, Texas, adopting a new Article VII, Illegal 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 and their derivatives or other substances, and ' � � I I 10l03l11 3790 ingestion devices used in connection with the illegal smoking products, and to prohibit the use, purchase, possession,and sale of the synthetic cannabinoid products;dispensing with a 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 ciause,a severabiliry clause,a savings clause,and a�effective date, due to preemption by the State of Texas Health and Safety Code. Seconded by Gouncilmember HiII. The motion was approved unanimously. '*Councilmember Hill moved to approve the Second and final reading of Ordinance 2011-28-An Ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Chapter 70, "Streets, Sidewaiks, and other Public Places",Article III,"Construction",Section 70-64,"Sidewalks Required,"by revising the provision to provide for sidewalks for aII streets, and deleting the reference to the requirement for sidewaiks only for curb and gutter streets; providing a penalty in an amount not to exceed$500,or as otherwise provided by law; repealing aIl ordinances or parts of ordinances inconsistent or in conflict herewith and providing for ii severabiliry. Seconded by Councilmember Barker. The motion was approved unanimously. "'Councilmember Hill moved to approve the Second and final reading of Ordinance 2011-29-An Ordinance amending the Code of Ordinances of the City of Friendswood,Texas,Appendix B,"Subdivisions",Section III, "General Requirements and Design Criteria", Section K. "Public Use and Service Areas", Subsection 3, "Sidewalks", by revision to require sidewalks for all streets, by deleting the reference for sidewalks only for curb and gutter streets;providing a penalty in an amount not to exceed$500,or otherwrise provided by law; by repealing all ordinances or parts of ordinances inconsistent or in conflict herewith and providing for severability. Seconded by Counciimember Barker. The motion was approved unanimously. **Councilmember Barker moved to approve the First and final reading of Ordi�ance 2011-31 -An Ordinance approving and adopting the City of Friendswood, Texas, General Budget for the Fiscal Year 2011l2012; making appropriations for the City for such Fiscal Year as reflected in stated budget, and making certain findings and containing certain provisions relating to the subject. Seconded by Councilmember HiII. The motion was approved 6-1 with Councilmember Brown opposed. Discussion was held between Cou�cil regarding approval of the budget. *'*Councilmember Enochs stated he would like to call the question to cease further debate. No one objected. '*Councilmember Barker moved to approve the First and final reading of Ordinance 2011-32-An Ordinance � providing for the levy and collection of Ad Valorem taxes of the City of Friendswood,Texas,for the Year 2011; � providing the date on which such taxes shall be due and payable; providing for penalty and interest on all taxes not timely paid; providing for severabiiity; and repealing all ordinances or parts of ordinances inconsistent or in conflict herewith. Seconded by Councilmember Hill. The motion was approved 6-1 with Councilmember Brown opposed. Mayor Smith stated the curre�t tax rate is.5851,which is comprised of a maintenance and operation rate of j .5198 and a debt rate of.0653. The proposed tax rate is the effective tax rate and the definition as provided is that the effective tax rate is a calculated rate that would provide the taxing unit with about the same amount of revenue it received in the year before on properties taxed in both years. The proposed maintenance and operation rate is .5218 with a debt rate of.0684 for a total proposed rate of.5902. I I I i 10/03/11 3791 *�Councilmember HiII moved to approve the First and final reading of Ordinance 2019-33 -An Ordinance amending Ciry 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 XIV"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 McGinnis. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmembers Barker and Scott stated they had no report. Councilmember Brown reported that on December 5, 2011, the Texas Attorney General is sponsoring a seminar on Open Government. She stated she will follow up with the Homeowner's Associations about a meet and greet rather than an education forum since the liaison position is undefined,management issues will be discussed at the meet and greet. Councilmember McGinnis stated he was able to attend the Fourth of July Steering Committee meeting and is impressed with the work they do so far in advance, encouraged volunteers to step forward. Councilmember Hill stated he attended a meeting of the Zoning Board ofAdjustment, is a difficult process and commends the members of the board for doing a good job. Councilmember Enochs thanked Ciry Manager Roger Roecker and City Staff for putting up with him as a new Gouncilmember, appreciates the time spent with him, and wished Councilmember Scott a happy birthday. Mayor Smith gave a happy birthday and happy anniversary to Councilmember Scott. CONSENT AGENDA "Councilmember Scott moved to approve the Conse�t Agenda as presented: A. Approve Banner Permit Application for Good Shepherd Episcopal Church for Oktoberfest event. B.AcceptAugust2011 Property Tax Report. C.Approve Minutes of the August 15, August 22 and August 31, 2011, City Council Meetings. Seconded by Councilmember Hill. The motion was approved 6-1 with Councilmember Brown opposed. The meeting was adjourned at 10:23 PM. \ _ 'i Mayor' avi �J.` . Smith Q� �R��N�s � �n � � elinda Welsh, TRMC � l � o I City Secretary � * s�,qTF o� ���Py I