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HomeMy WebLinkAboutCC Minutes 2012-03-05 Regular 03/05/12 3888 - STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( MARCH 05, 2012 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, MARCH 05, 2012, AT 4:30 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 HILI COUNCILMEMBER MIKE BARKER COUNCILMEMBER BIILY ENOCHS COUNCILMEMBER PAT McGINNIS COUNCILMEMBER DEIRDRE BROWN (arrived at4:44 PM) CITY ATTORNEY ARNOLD POLANCO CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH Councilmember Scott was absent from the meeting. REGULAR MEETING Mayor Smith called the meeting to order. The invocation was given by Steve Shelby, Director of Business and Support Ministries, of Friendswood Community Church. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. ACTION ITEM *"Councilmember HiII moved to approve suspending Rule 16 of the Council Rules of Procedure setting the Order of Business for Council meetings. Seconded by Councilmember Enochs. The motion was approved unanimousiy. Mayor Smith stated there wiil be two opportunities for Communications from the Public during tonighPs meeting to allow for everyone who wouid Iike to speak. WORK SESSION Mayor Smith opened the discussion regarding the City's Multi-Year Financial Plan. City Manager Roger Roecker stated Staff reported several months ago that they would bring a Multi-Year Financial Pian before Council for discussion at this meeting. Administrative Services Director Cindy Edge, her Staff and the entire senior management team have been working toward this meeting for some time. All assumptions and criticai drivers in that plan have been updated and the Decision Packages included in the plan have been reviewed and discussed by senior Staff to ensure that the items, whether pieces of equipment, new suppiies or new employees that are needed to accommodate the needs of the City, are required to be there to maintain the City's current level of service. Staff was challenged to work harder than ever to tighten the plan down so that more and more of it can be viewed as a reasonable projection into the City's financial future. Council has asked several times to be included in the budget preparation process at eariier stages and this is the first step in that process. 03/05/12 3889 � The first year of the Multi-Year Financial Plan, which is Fiscal Year 2012-2013, forms the basis for the draft budget that will be worked on for the next several months. The City Manager stated that Staff wiil move further into the budget process at the next Council meeting by discussing the results of a new endeavor that he is very excited about and proud. Staff has undertaken an effort to analyze and document the level of service being provided to the citizens and customers on a departmental basis and will offer Council the data that supports that analysis. This effort is intended to allow Council and Staff to discuss three levels of service and the associated cost to begin the process of objectively developing a budget that will support the service Ievel that Council and citizens desire. The last part of the exercise will be an attempt to benchmark the service levels with other cities. The first attempt will be Iooking at cost on a per capita basis and in future years there is hope to validate the efforts by providing a professional survey. That portion of the effort will have to be funded and is included in the Multi-Year Financial Pian as a Decision Package. Administrative Services Director Cindy Edge stated the budget team is made up of senior Staff, Deputy Director of Fiscal Operations Katina Hampton, and Budget Manager Jennifer Walker. The Muiti-Year Financial Plan (MYFP) is strictly for the General and Debt Service funds, water and sewer is another topic and is not included in this discussion. The MYFP is driven by revenue projections, expenditure projections, and Decision Package impacts carried out through the plan. The first year of the MYFP is the Fiscal Year 2012-2013 budget. No growth is anticipated for the first year of the plan and slight growth will be built into the out years. Planning assumptions are property values with modest growth in tax base throughout the plan, most revenue sources increase by two percent per year, revenue planning, current year revenue budget, revenue plan�ing data are planning and economic development with residentiailcommercial growth projected, current trends are considered and tax base is identified. Another revenue planning dafa is finance, such as fiscal policies and revenue forecasting and what to do with the fund balance. Another revenue planning data is departmental input such as fee adjustments and/or new fees and alternative revenue options. The City has joined the North Central Texas Councii of ' Governments in order to participate in a survey that determines how entities assess and Ievy taxes and fees. Fiscal year 2013 projected General Fund revenue is �21,741,658, with 58 percent of the total revenue generated from property taxes, 19 percent is sales tax, 7 percent is franchise fees. All of the other revenue is generated from fines, interest earnings, and building permits is 16 percent of the revenue. To determine property tax revenue components Staff starts with gross appraised value which should be market, there is a 10 percent limit on appraised value increases which is called the cap. The taxable value, or the appraised vaiue less the following property exemptions such as agriculture, governmental, homestead, senior citizen ceiling freezes aIi combine to�700,000 million. They reduce the appraised value by 22 percent to get down to the taxable value. The calculation of the tax levy is the taxable value multiplied by the tax rate. The revenue is the Ievy multiplied by the collection rate. The tax rate has two components and is commonly called the I�terest and Sinking Fund (I&S) and the Operation and Maintenance (O&M) portion that goes for the General Fund. When determining the tax rate it starts with the debt service portion and must assure that ali of the obiigations wiil be paid and what is left over wiil go into operations. They have also developed a plan to ailot funds for debt capacity that holds the debt service portion of the rate flat but provides room for potential new debt. The amount in Fiscal Year 2013-2014 is �200,000 or$2.4 million in obligations. Tax rate drivers are to maintain the debt service tax rate but with the effective tax rate in this plan the operations and maintenance tax rate will not maintain current service levels. The effective tax rate generates the same revenue for the same properties. Property tax revenue in the plan is based on the effective tax rate, revenue growth from revaluations and new construction. Planning assumptions and key expenditures are personnel with a 2.5 percent increase each year for wages and benefits, non-personnel with a 1.5 percent to 2.5 percent increase over 5 years based on the Municipal Cost Index and the Consumer Price Index (MCl/CPI) trends. Expenditure pianning was current year expenditure budget, planning assumptions are fund balance with a target of 90 days operating reserves which is based on operations of the prior year. Undesignated fund balance uses i are emergencies, one-time expenditures, major capital purchases and start-up expenditures for new programs� ' �` ( 03/05/12 3890 General Fund baseiine revenues and expenditures are shown red line expenditures and blue Iine is revenues and showed a base line with no Decision Packages, there is currently a gap of$27,000 with no Decision Packages. All assumptions are based on effective tax rate. The MYFP reflects a 90 day operating reserve maintained through Fiscal Year 2012 and with current projections and assumptions no Decision Packages are funded in the five year planning window. Council's role is guidance on tax rate, input on existing and aiternative revenues, participation in budget development and review and establish service levels and are there other revenues Council would like Staff to explore. Council has asked to be involved sooner, and would like to hear how can Staff fulfill what Council has asked for. Staff is currently Iooking at service levels of what Staff is providing and where the City's level is, and showed a calendar that details the budget process. Councilmember McGinnis asked if Staff has reviewed whether programs and services were outdated or wasteful and can it be shifted. Cindy Edge stated last year's base budget was reduced by $165,000 and Staff continues to look internally for more efficiencies such as fuel. Mayor Smith stated along the same lines are there things that Staff can recommend that can help with cost reduction, Staff could bring those suggestions fonvard earlier in order to get Council's comments, Staff and Council could look at effect with zero rate change with nothing new coming in, and look at what an effective tax rate plus 1, effective tax rate pius 2, and effective tax rate plus 3 looks like. Look at both sides of the accounting ledger to consider what can be reduced and what would a tax increase affect. Mayor Smith stated he would like to look at the sales tax revenue and what it would take to implement such because that is the only reai significant income generated from non-residents. He would like to look at possibly putting a cap on the rainy day fund or the fund baiance requirement. As expenses rise more has to be put in the rainy day fund and that bumps the budget up. If it were capped there would not be that creep up every year. Councilmember Brown stated rainy day fund is related to expenses and so to cap the fund is to aiso cap expenses. Cindy Edge stated there would have to be a change to policy. Councilmember Brown stated the City does not knowingly increase rainy day fund, is fine with discussing ' sales tax, was going to receive information from comptrolier that spoke at another Council meeting. Mayor Smith asked if any other Councilmember would like to discuss or concur with what has been suggested by Counciimember Brown and himself and Councilmembers Barker, Enochs and Hill stated they concurred. Councilmember McGinnis stated is okay with discussing but may have to repeat later with new Councilmembers. Councilmember Hill stated if the tax rate is increased by 1 cent it would generate�250,000, is interested in encouraging shopping in Friendswood and donating to the Emergency � Medical Services(EMS)fund, appreciates the fact that Staff is fairly conservative in estimates,would hate to think services wouid have to be reduced. Councilmember Enochs thanked Cindy Edge for the presentation, would like to see where Staff thinks there needs to be cuts or increases. Cindy Edge stated Staff Iooks at all of the picture and has started leaning toward looking at service levels and asking what service Ievel can be provided with dollars available to work with and what has more value, the timing is awkward with election. Staff started looking at Decision Packages in December to determine if they will be reievant in five years, annual budget development and management is a year-round process. The budget and the MYFP are interrelated. Administrative Services Director Cindy Edge gave Mayor and Council a detailed budget timeline and added that April-June is peak for needed Council input, can do workshops earlier because Council's input would be a heip to Staff. Mayor Smith opened discussion between Council and Staff regarding preparation of the Fiscal Year 2012-2013 budget process. Community Development Director Morad Kabiri stated Staff has been looking at ways to reduce expenditures and find alternative revenue sources for the past few years. Historically, a balanced budget has always been presented and there will be a balanced budget for Fiscal Year 2012; however, there is concern about what point service levels become affected. Fiscal Year 2006-2007 is the Iast time there was an increase in the Generai Fund bafance a�d the General Fund has experienced decreases each year since then. The base budget was reduced by $165,000 Iast year and ( over the Iast three years there has not been an increase in Municipal Cost Index or Consumer Price Index and inflation has caused the cost of doing business go increase without any adjustment in the City's I expenditures. It is now important to consider service levels and the impact of that to citizens. The proposal presented tonight has been done by two other cities i� Texas, is done by use of a car analogy. 03/05/12 3891 I Cars with more features tend to cost more, so for this exercise picture upper end service as a Lexus, III midrange service as a Camry, and lower end service as a Corolia, keeping in mind that wh�t is appropriate depends on the purchaser's needs, preferences, and ultimately budget. The Community Development Department (CDD) is comprised of hvo funds: The General Fund and the Water and Sewer (Utility) Fund. Using the Community Development Department as the exampie, there are multiple functions within the department: Planning and Zoning, Building and inspections, Code Enforcement, Stormwater Management, Engineering, and Projects. Each of these function's daily activities and service levels were evaluated using the Lexus, Camry, Corolla scenario to determine where each falis and why it is at that Ievel. The foliowing are examples of elevated service Ievels that are now provided after the review: Next day inspections, contractors are given an AM/PM ballpark for inspections, same-day data entry on a majority of activities, ten day plan reviews on just about all projects, with some in even less time (Iess than three days), combination proactive/reactive code enforcement, combination proactive/reactive stormwater management, outsource Geographicai Information Systems (GIS) services, outsource engineering designlmodeling services, but provide in-house design on some City-funded projects, predominately in-house project and construction management capabilities with minimal outsourced assistance. It was determined that the level of service was compared to a Camry, or mid to excellent range. Actions still to be considered are an analysis of spending by function, will consider how Friendswood compares with others in per capita spending and how much it costs the citizens for the level of service that is provided. Once compiied the data wiil be compared to other cities in the Houston Metro area. Finally, Staff will present the findings to Council and ask for direction as to whether to maintain current service leveis or make adjustments in certain areas. Councilmember Enochs stated this is great and this is what he is talking about, asked how the level of service was determined and Morad Kabiri stated it was based on service Ievel criteria and it still need to be validated with customer surveys. Mr. Kabiri stated he and Economic Development Coordinator Karen Capps have begun a survey based on a follow-up with completed construction and development to determine how the City did after the fact. I Councilmember Enochs asked how soon can Staff get back to Council with the final product and Morad Kabiri stated Staff can come back in the coming months with a result of the exercise but cannot validate it ( with citizens and customers without a survey and there are no funds delegated for that survey. City i Manager Roger Roecker stated he is proud of the effort that Staff did for this but cannot validate it without citizen input, reminded that Staff can do a Corolla Ievel and execute the Ievel of service poorly or well. Have struggled in the past with how to convey to Council what this looks like and believes this demonstration will help the discussion along. Councilmember McGinnis thanked Morad Kabiri and the City Manager but asked how Staff determined that it is more cost effective to outsource GIS and Mr. Kabiri stated there is not enough demand for GIS right now to justify a full time employee. The City is spending $54,000 annually to outsource and a GIS employee salary is much more than that amount when considering benefits, software Iicenses, or equipment in addition to salary. The City is charged by the hour and has limited activity to $54,000 annually. Counciimember Hill thanked CDD for the Ievel of service they provide and stated stormwater management is a State of Texas mandate that was not funded but have to do or the fines are �27,000 a day if non-compliant. Morad Kabiri stated a grant was given for generators but there is a requirement to exercise those generators so they can work when needed and it is a budget impact of�50,000. Mayor Smith thanked alI for the work they are doing. This is one of cause and effect and timing and referred to the graph shown by Staff and stated the challenge is what to do when the red line and the blue Iine meet and separate. Future Councils will have the challenge of making the difference in the gap to consider how to maintain service levels without tax increase. If one is driving a Camry efficiently and its getting there, there will be developers and landowners who are not pleased with not getting same day service and they wiil consider developing in a more friendly City and leave the tax burden on the citizens. At the same time do homeowners want to pay for a Corolla, Camry, or Lexus, to attract business. A lot of history and information come into the picture, and the difficuity is quantifying the decisions, survey will help when combined with surveys from the public, will help taxpayers understand cause and effect and will make better decisions. This exercise � is valid and worthy. , � 03/05/12 3892 Mayor Smith opened discussion between Council and Staff regarding actions which Councii, Staff, or the Planning and Zoning Commission may take with respect to private properties which appear to be poorly maintained. Counciimember McGinnis stated he had a homeowner contact him with the concern that there are properties on Friendswood Drive that have been in disrepair for a Iong time and are not in a Homeowners Association. He raised the question as to what role, if any, Council and City Staff have in making sure the properties are cleaned up. Community Development Director Morad Kabiri stated this goes back to service Ievels. The reactive code enforcement on the books states that a property in disrepair cannot have broken windows or is boarded up securely and that grass is mowed to a certain height. The diiemma Staff meets when enforcing those codes is that the property owner is not available for various reasons. Staff must then go through several steps in order to meet the minimum code, including hiring a contractor to cut the grass and place a lien on the property for the cost. There are costs associated with the City fixing windows and painting and if Staff cannot find the property owner then the City would have to do and file a Iien. Other cities have Code Enforcement that will issue citations if rules are in place. Councilmember McGinnis asked if the Planning and Zoning Commission has involvement and Morad Kabiri stated no. Counciimember McGinnis stated would like to look at what other cities have done and Morad Kabiri stated he would. Mayor Smith asked about a property that still has a blue tarp on their roof as a result of damage from Hurricane Ike a few years ago, and his understanding is that in the current Corolla to Camry service level it is complai�t driven for the City to do anything about it. Mr. Kabiri answered it is complaint driven and once a citation is issued it goes before the Municipal Court and if they can come up with a reasonabie excuse the citation is thrown out and another citation cannot be given on the same issue and everything is considered on a case by case scenario. Councilmember Brown asked if the City has a representative in Municipal Court and Morad Kabiri stated they use the City prosecutor and Staff if needed. Councilmember Brown asked if the cases were going to trial and Morad Kabiri stated some do and some are thrown out immediately and does not know if any decisions have been appealed. Mayor Smith stated he is trying to manage the agenda for the benefit of those who wish to speak to items that are on the agenda that relate to the Executive Session and the licensing agreement. He asked members of public for comment. Councilmember Enochs stated he is fine with that but let them also speak during the regular time for Communications from the Public and Mayor Smith agreed. COMMUNICATIONS FROM THE PUBLIC James Leavesley, Friendswood resident, addressed Councii and stated he has lived here for 52 years, has lived in the Windsong subdivision for 27 years, and comes before Council every 5 or 10 years because there are things that come up. One thing to remember about the Windsong subdivision is that there is one way in and one way out of the neighborhood by a 1.5 lane road. The Green Event Center has been a good neighbor but there is an issue about putting in diagonal parking because those who park there will have to go down Windsong and turn around in someone's driveway, understands that increasing the parking would mean 28 cars that would have to turn and exit in that fashion, does not pass the logic test, is already hard to get in and out of the neighborhood, wants The Green Event Center to succeed but does not believe that the buiiding was built to have 200 plus peopie to move in and out of the center. Please do not approve the license agreement, will not work, someone will get hurt, and cannot , put a traffic light since there is one a quarter of a miie away. ' Eleazar Rios, Friendswood resident, addressed Councii and stated he agrees with Mr. Leavesiey, has been here 20 years, and is a great place to raise a family. Those at The Green Event Center are very nice but there is a traffic problem, some things have been done as far as no parking but those have been violated. Visitors to his home have had a hard time getting into the neighborhood and it could get worse later. He stated his daughter was sent to the nearby schoo� to park and was told she couid not get in, finally got an officer to let her come into the neighborhood, parking spaces could bring more cars in their � neighborhood, rejects this proposed license agreement, and please find a saferway. i � 03/05/12 3893 i i Louis Romano, Friendswood resident, addressed Council and stated he has Iived here for 11 years and i loves living here, is the vice president of Windsong Homeowners Association, and residents have voted against the angled-in parking. If The Green Event Center moved angled parking would still be there even if the use of property has changed, suggested keeping parking as-is and park on the right shoulder of property and see if that will work, with overflow going to Windsong School, try this first and see how this develops, fence makes a blind spot, and would Iike to see plans for people not coming into their neighborhood and turning around. David Herrmann, Friendswood resident, addressed Council and stated he has lived in Friendswood since 1996, there are 42 houses in Windsong and the only way in and out is FM 528. Most people do not know there is a subdivision back there. All are friendly and hardworking, please do not change the dynamic of their subdivision. Diane Hecht, Friendswood resident, addressed Council and stated Windsong residents do not want to shut down this business but this is a huge tra�c and safety issue, are problems getting in and out, has played "chicken" with other cars when getting out, and has become a one Iane road. What happens if there is a fire or needs a paramedic and cannot get down their street. There was an incident on March 1, 2012, where the Windsong School had an Open House and there was an event at The Green Event Center, and cars were parked on FM 528 that created a blind spot. Put no parking signs on FM 528, is a matter of time before a serious accident occurs, does not know what compliance issues are but that would be the City's responsibiiity, suggestions are being looked at, some met with Staff and the owner of The Green Event Center and it was suggested that homeowners park in their own driveway so others cannot turn around and did not like that suggestion. Ron Davis, Friendswood resident, addressed Council and stated 150 spaces are required for a banquet � center and there are currently 61 plus the requested 26 so the owner is short what is needed. Out of 26 requested spaces is not sure how many can be put in and still see around the corner, may not be able to use 6 spaces, need to see how many times they are having a large event, how many cars will be involved, how will they handle shuttle from school to event center and how will that work, looks like it will ' have to cross Windsong, most events are in the dark, someone knocked a reflector over in a homeowner's driveway, is not good, leave as it is. Faye Roberson, Friendswood resident, addressed Council and stated she would like to taik about the west end of Friendswood, gave history of Windsong and Sunmeadow subdivisions. She stated a developer tried to go through the back end of Windsong, tried to go into the middle of subdivision, this seems to be another big problem for Windsong, many residents have been there a Iong time and to have recurring problems is a shame. Do not give them a permit to pave over City right-of-way, do not park on Windsong Road that is so small, believes the business owner should have an entrance from FM 528, Windsong Road is too small, and do not impact these people here tonight. Jeff Mickler, Friendswood resident, addressed Council and stated he represents The Green Event Center and Jacob White Construction and stated both he and his wife grew up in Friendswood. The Green Event Center is one of nine Leadership in Energy and Environmental Design (LEED) certified buildings in Texas. Over 10,000 people have been exposed to the high performance building and operations: In the past three years have provided tours to many schools and organizations, facility is always a topic of discussion, does roof tours all the time even during weddings, visitors spend money in Friendswood, and as a taxpayer had over$40 million in transactio�s and paid federal, state, and Iocai taxes of well over�5 million. A professor at Penn State University is doing a final exam on this facility, and a company in New York is using the Green Event Center for their two day seminar. Tonight is asking the City to give permission to install reinforced concrete pipe, pave over the ditch per the City of Houston specifications, and will pay the $80,000 to make the improvements and maintain it. To address a stated concern, 28 cars wili not be going down the street to tum around. Mr. Mickler thanked Council in advance for their % consideration. ! 03/05/12 3894 Councilmember Brown asked what entity is the tenant who operates The Green Event Center and Jeff Mickler stated The Green Event Center, LLC. Councilmember Brown stated it is a stellar building and applauds their efforts with the LEED certification. She further stated she was informed by a reporter that there were comments that she is trying to shut down The Green Event Center and that was never her intent, wishes, or effort in any way whatsoever and took great offense to those comments. At the time the comment was made she stated she had only spoken to Staff asking for information. She understands that the only issues are making sure that the license agreement meets City code requirements, asked Mr. Mickler if The Green Event Center began operation in March 2010 and Jeff Mickler stated it began operation in March 2010 as a sole proprietor and became LLC in 2011. Mayor Smith asked Council if they want to hear the rest of comments or go into Executive Session and alI were in agreement to go into Executive Session. CLOSED EXECUTIVE SESSION Mayor Smith asked if there were any comments regarding the Executive Session topic. Ron Davis stated Mr. Mickler stated parking would only be for 6 spaces, all of those parking in front of the event center wili be going down Windsong Road. Mayor Smith explained the process of Executive Session and explained that no decisions will be made during the closed Executive Session. Glen Cress, Friendswood resident, asked if the Executive Session wili address the subject as to whether or not The Green Event Center is in compliance with the zoning ordinance and parking and Mayor Smith stated he does not know what questions will be asked yet. Council convened into Executive Session in accordance with the Texas Government Code, pursuant to , Section 551.071: Consultation with Attomey to receive legal advice only pertaining to: 1) contemplated ', license agreement with 14200 Gulf Freeway, Ltd. and 2) handling of Executive Session certified agendas. Council reconvened into Open Session with action taken later in the meeting. RECONVENE INTO OPEN SESSION With concurrence of Council, Mayor Smith moved to Agenda Item 9, Public Hearing. PUBLIC HEARING Mayor Smifh called a Pubiic Hearing to receive comments from the public, both oral and written, regarding a proposed widening for expansion of Friendswood Link Road to a four Iane roadway from Blackhawk Boulevard to FM 518. Mayor Smith asked if anyone would Iike to speak in favor of or in opposition to this request. Bobbie Jones, Friendswood resident, stated widening Friendswood Link Road from the bridge is going to take up a Iot of land. It is two-Iane now and there is not enough room for two more lanes, is afraid that it wili come behind Forest Bend subdivision, should put a barrier up so that no cars can come through, is afraid of safety issue. i I 03/05/12 3895 Mark McLean, Friendswood resident, stated he Iives in the Timbe�eld subdivision, was the Homeowners ' Association president for a number of years and attended some hearings about the project, recommendation was to purchase and increase the right-of way on the north side of Friendswood Link and a discussion of sound barrier walls and a median to prevent the situation as it is now, which is that the Harris County side of the road is wide and the Galveston County side over the bridge is so small it is unsafe. Applying tonight's car analogy, it looks like the City is going to take the Corolla approach with four lanes and not median. While he understands the City's money constraints, there needs to be a sound barrier wall and a median included in this project, so if needed wait to do it right. Roger Coker, Friendswood resident, addressed Council and stated he moved to Timberfield Estates because of access to Stevenson Park. The new proposed construction means there wiil be no sidewalks and he will have to jaywalk across four lanes of traffic to get to the park. There will be an increase in noise and a decrease in property value, would like a sound barrier. Hearing no further comments, Mayor Smith suspended further discussion but kept the Public Hearing open. With concurrence of Council, Mayor Smith moved to Agenda Item 10, Joint Public Hearings. JOINT DOCKETED PUBLIC HEARINGS Mayor Smith and Planning and Zoning Commission Chair Kevin Holland cailed a Joint Public Hearing to order to receive comments from the public, both oral and written regarding a Zone classification change for 500 square feet of lease space inside Kroger building located at 151 N. Friendswood Drive, Friendswood, Galveston County, TX, from Community Shopping Center (CSC) to Community Shopping i Center with a Specific Use Permit (CSC/SUP) to allow NAICS Use #522298 AII Other Non-depository Credit Intermediation (i.e. pawn shops). Planning and Zoning Commission Chair Holland asked if anyone would like to speak in favor of the request. Bobby Tyson, representative for Gold and Siiver Buyers, stated they are the requestors and Texas' largest gold buying company, told about the business, stated it is not a pawn shop. Planning and Zoning Commission Chair Kevin Holland asked if anyone would like to speak in opposition of the request. No one spoke against the request for zone classification change. Planning and Zoning Commission Chair Kevin Hoiland adjoumed the Planni�g and Zoning Commission's portion of the Joint Public Hearings to the upstairs conference room. Mayor Smith left Council's portion of the Joint Public Hearing open. Mayor Smith and Planning and Zoning Commission Chair Kevin Holland called a Joint Public Hearing in order to receive comments from the public, both orai and written, regarding the vacation of public right of way for 15 foot wide roadway easement of 9.5294 acres of land, being out of Lot 117 and Lot 118, Partial Replat of Slone Subdivision, Friendswood, Gaiveston County, TX, to replat with abutting Iand. Planning and Zoning Commission Chair Holland asked if anyone would like to speak in favor of the request. � i � � 03/05/12 3896 Bobbie Jones asked what vacating means and Chair Kevin Holland explained that it means giving it up. Planning and Zoning Commission Chair Kevin Holland asked if anyone would like to speak in opposition of the request. No one spoke for or against the request for vacation of public right of way. Pianning and Zoning Commission Chair Holland adjourned the Planning and Zoning Commission's portion of the Joint Public Hearings to the upstairs conference room. Mayor Smith left Council's portion of the Joint Public Hearing open. Councilmember Brown made a point of information that the topics of the Joint Public Hearing were taken in reverse order of the agenda. With concurrence of Council, Mayor Smith moved to Agenda Item 12, Communicatio�s from Committees and Special Reports. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Planning and Zoning Commission Chair Kevin Holland presented the Planning and Zoning Commission's annuai report through the distribution of a document provided to each Councilmember. Accomplishments were two new Commercial Site Plans and three Commercial Site Plan amendments were presented for review and approval. Four preliminary plats, five final plats, one replat, one vacating plat and three final plat extensions were presented for review and approval. Four zone changes and three Special Use Permit amendments were presented to the commission for recommendation. Twenty-three regular and special meetings were held. A revised officiai zoning map was adopted with the approval of Ordinance No. 2011-23. Amendments to the Zoning Ordinance were discussed and/or recommended. Fenestration was further defined as it pertains to the Downtown District and removed the exception that stated no window or door, except emergency access doors, shall be allowed on any wall that is adjacent to an interior side of a rear lot line with a zero set back and was approved by the passage of Ordinance No. ' 2011-12. As a result of creating a notification policy in the Subdivision Ordinance regarding platting, this change was made to clarify that this notice requirement is pertaining to Joint Public Hearings as required by state law for zone changes and was approved by Ordinance No. 2011-13. The Residential Regulation Matrix was amended and notes to change the front and rear yard setbacks in the Multi-Family Residential—Garden Home District (MFR- GHD) and to specify that parking for aIi districts is required in accordance with the Parking Group Table in the Design Criteria Manual and was approved by the passage of Ordinance No. 2011-14. The Planning and Zoning Commission created the Single Family Residential-EState (SFR-E) subcommittee in order to explore the SFR-E zoning options and to facilitate discussions with City Council and residents as needed, and completed revisions and updates for Planned Unit Development (PUD) process and submittal requirements as well as related amendments to the Residential Reguiation Matrix which removed PUD Cluster Homes from the matrix and the Permitted Use Tabie in which the columns detailing uses allowed in PUD and PUD Mixed Use were removed which was approved by the passage of Ordinance No. 2011-35. As a part of the discussion about removing the language from the Zoning Ordinance regarding PUD Cluster Homes, the commission discussed the possibility of adding a �ew zoning category, Single Family Residential�Cluster Home District(SFR-CHD), but no action was taken to create the district, amended the Permitted Use Table to allow NAICS use #6116 Other Schools and instruction and #6244 Child Day Care Services in Neighborhood Commercial (NC) which was approved by the passage of Ordinance No. 2011-36. The commission requested that Keep Friendswood Beautifui make a recommendation to the Planning and Zoning Commission, Community and Economic Development Committee and City Council to specify requirements and colors for sidewaiks, lamp posts, benches and trash receptacles in the Downtown District. There was discussion about the "looseness" of the requirement of amenities and the inability to review and approve colors used i in architecture in the Downtown District zoning district. I 03/05/12 3897 i The commission is in the process of reviewing the Zoning Ordinance. Amendments to the Subdivision Ordinance were discussed andfor recommended. The Subdivision Ordinance was amended to require sidewalks on aIl streets and delete reference for sidewalk requirements only on curb and gutter streets and was approved by the passage of Ordinance No. 2011-29. The commission reviewed the notification procedures for submission of plats that was made Iast year. Staff confirmed that the ordinance has been working and they have not encountered any probiems to date, therefore no changes were deemed necessary. Amendments to the Sign Ordinance were discussed but no recommendations were made. Miscellaneous items were discussed andlor recommended. The Planning and Zoning Commission reviewed and provided input for the Development Notification Policy, which was the result of numerous discussions on how to inform citizens of development related activities that may not require property owner notification. The commission reviewed proposed changes to the Design Criteria Manual and the manual was updated per Ordinance No. 2011-24. Chapter 70 was amended to require sidewalks on all streets and delete reference for sidewalk requirement only on curb and gutter streets and was approved by passage of Ordinance No. 2011-28. The work in progress continued from 2011 with a review of the Zoning Ordinance, SFR-E Subcommittee, and Drainage District streetscape requirements. Planning and Zoning Commission plans for 2012 are 1) Permitted Use Table- update the NAICS version referenced on the Permitted Use Table, comparison of new uses and suitability of uses versus zoning. 2) Subdivision Ordinance - Review and update. 3) Zoning Ordinance - currently in the process of reorganizing the Zoning Ordinance to group requirements for the zoning districts in one Iocation to make it easier to read and understand requirements that are appiicable to each district. 4) Major Thoroughfare Plan - Evaluate current proposed routes to future Iand uses and need/viability, review capital improvement projects and infrastructure for compatibility. 5) Buyout Properties - make it an asset to the City and to the citizens, possibly nature trails and amenities, research Federal Emergency Management Agency standards to see what can be done on buyout properties. 6) Development at FM 528/City Limits—discuss what the vision is for this entrance into the City. A developer is working with the City of Houston, league City, Webster and Friendswood to make this intersection an asset for our City as well as the surrounding cities. With concurrence of Councii, Mayor Smith moved to Agenda Item 24C, the First and Final reading of Ordinance No. T2012-07, an ordinance authorizing City of Friendswood, Texas, General Obligation Refunding Bonds, Series 2012. ORDINANCE **Councilmember Barker moved to approve the First and Final reading of Ordinance No. 2012-07 - An Ordinance authorizing the issuance of City of Friendswood, Texas, General Obligation Refunding Bonds; establishing procedures for the sale and delivery of the bonds; levying an annual Ad Valorem Tax for the payment of stated bonds; providing an effective date; and enacting other provisions relating to the subject. Seconded by Councilmember Hill seco�ded. The motion was approved 6-0. With concurrence of Council, Mayor Smith moved to Agenda Item 11, Communications from the Public. COMMUNICATIONS FROM THE PUBLIC I Victoria Herman, Friendswood resident, addressed Council and stated she lives on Windsong Road, asked Council in the past to be thoughtful of decision of what businesses go into Windsong, has attended events at The Green Event Center and the facility is beautiful, has also had to endure the traffic, was stopped last week and asked if she was attending a wedding at the center, and knows of no other subdivision that has a checkpoint. Please reject Mr. Mickler's proposal and protect the residents and integrity of the Windsong subdivision. 03/05/12 3898 Ron Jadidi addressed Council and stated he is the owner of the Shell station and would like to discuss fuel sales again, spoke at a previous Council meetinc� about buying fuel from Friendswood lndependent School District, asked Council to think about what is lost such as a percentage of taxes on fuel, and lost revenues on Yz cent sales tax. Council has not done homework, has impacted businessmen in Friendswood, losing road tax money to the supplier in Houston that is supplying to school so Harris County is getting money, poiice presence is not being seen at his business, and reported of a recent robbery in a nearby town. Please see what is lost and look at again, and reconsider. MeI Austin, Friendswood resident, addressed Council and stated he has sat in the same chairs as Council and understands their purpose and job and read a statement regarding false statements Mayor Smith made during the "State of the City address" that was delivered at a Chamber of Commerce luncheon and the speech printed in The Journal. He stated he is here tonight to protest some words in the speech where Mayor Smith stated "We did not sue our citizens. These are lies that are propagated by those who want nothing more than to tear others down, so they can lift themselves up." Mr. Austin detailed the facts of the case and stated the Mayor owes them an apology, and is now in the history books and the Mayor cannot change the facts. Michael Truncale addressed Council and stated he is a candidate for the United States Congress, lives in this district and is pleased to see citizens participating in government, is good to see a balanced budget, is here to Iisten to concerns, wants to represent in Washington and come home, introduced wife Denise, and looks fonvard to coming again. Carl Gustafson, Friendswood resident, addressed Council and stated he has filed to run for Council Position No. 3, is a mechanical engineer, are a lot of things done well in Friendswood, some things that could have been done better, move forward and continue to make Friendswood a wonderful place to live, will be his first campaign and is looking forward to it. Tom Timmins, Friendswood resident, addressed Council and stated he has lived here for 17 years, been married 45 years, has attended Iots of City Council meetings, fascination turns to dismay sometimes when he does not understand, wishes they would have moved to Friendswood sooner, is announcing candidacy for Council Position No. 1, has never run for public office, thinks he can bring something to the table, taught at a col�ege, is self-empioyed, understands budgets and constraints, can build a consensus, knows some on Councii, and will appreciate support. Janis Lowe, Friendswood resident, addressed Council and stated she would like to announce her candidacy for Mayor, would be a great public servant but not a good politician, is known for research, sometimes people do not Iike her opinions, Iooks forward to working with remaining Council, have � become stale in the last decade, wants alI citizens to be excited about Monday nights, wants a government that facilitates and not dictates, has attended numerous Council meetings, is a good Iistener, will be a good Ieader, and is listening and learning. Kevin Holland, Friendswood resident, addressed Council and stated he is currently the Planning and Zoning Commission Chair and has resigned to run for Mayor, has volunteered for over a decade, is running for Mayor because he believes in Friendswood, is a great place to live and wants it to remain that way. Mayor Smith stated Council cannot have dialogue with those who speak during Communications from the Public regarding items not on the agenda, regarding comments made about the State of the City Address earlier, the factual information is that it was an ex parte suit which is a one party suit, no one else was being sued. � "Councilmember Brown made a point of order and asked the City Attorney to darify the misstatements I that were just made. 03/05/12 3899 � "*Mayor Smith overruled Councilmember Brown's point of order. ""Gouncilmember Brown objected to the overruling. *"'Mayor Smith called for a vote to allow the objection. The objection failed 2-4 with Mayor Smith and Councilmembers Barker, Enochs, and HiII opposed. Councilmember Brown stated as a factuai representation she would represent that an ex parte definition was incorrectly given and would encourage seeking counsel from an attorney for the correct definition and not to ratify the incorrect definition that was provided. Mayor Smith encouraged those interested to Iook up the information for themselves. With concurrence of Council, Mayor Smith moved to Agenda Item 14, consideration and possible action regarding approving a license agreement with 14200 Gulf Freeway, Ltd., relating to the installation of subsurtace drainage pipes, corresponding iniets, and paving for on-street parking within the City's right- of-way for Windsong Lane (2000 W. Parkwood Avenue) and authorizing the Mayor to execute the agreement. *`Councilmember Brown objected to moving to Agenda Item 14. *"'Mayor Smith called for a vote to move to Agenda Item 14. The move to Agenda Item 14 was approved 5-1 with Councilmember Brown opposed. ACTION ITEMS "Gouncilmember Barker moved to tabie approving a license agreement with 14200 Gulf Freeway, Ltd relating to the insta�lation of subsurface drainage pipes, corresponding inlets, and paving for on-street parking within the City's rights-of-way for Windsong Lane (2000 W. Parkwood Avenue) and authorizing the Mayor Smith to execute the agreement. Seconded by Councilmember Brown. The motion to tabie was approved 4-2 with Councilmember Enochs and Mayor Smith opposed. With the concurrence of Council, Mayor Smith moved to Agenda Item 7, discussion and action, if necessary, regarding legal advice pertaining to 1) contempiated license agreement with 14200 Gulf Freeway, Ltd. and 2) handling of Executive Session certified agendas. ' *"Councilmember Brown moved to request that a written a Iegal opinion be provided regarding a I contemplated license agreement with 14200 Gulf Freeway, Ltd., explaining the risks and benefits of such agreement. The motion died for lack of a second. *`Councilmember Brown moved to request a written legal opinion regarding the handling of Executive Session certified agendas on Item 2 of Executive Session. Seconded by Councilmember McGinnis. The motion failed 2-4 with Mayor Smith and Councilmembers Barker, Enochs, and Hill opposed. Councilmember Brown stated they have heard many times that Council has relied on the legal opinion or advice of counsel that is given in Executive Sessions, they have also heard when Ross Banks May Cron & Cavin were retained that they wanted written opinions and wanted to be told what they needed to do I and not what they wanted to hear, the same type of patterns of not receiving legal opinions are still occurring. She stated she thinks it is imperative that there is consistency in the form of written opinions i that would be generated by Staff. I 03/05/12 3900 Written Iegal opinions wouid assist future Councils from "recreating the wheei". Councilmember McGinnis stated this was discussed in Executive Session and wished that Councilmember Brown had joined them and stated he thinks this is a reasonable request of the City Attorney. Councilmember Enochs stated he thinks the law is clear and it is important to note that each legal opinion incurs cost, funds are tight and there is only a certain amount allocated each year to spend, there is no need for a legal opinion when it is biack and white and spelled out. Counciimember Hill stated the Citys lega� bills are getting out of sight, have spent 30 percent of what was spent on the Wight Iawsuit for legal bills from this dais and Staff. The law is clear and easy to understand. The City Attorney gave a clear understanding in Executive Session. Councilmember Brown stated she is confused, if it is clear and easy to understand then why can the City Attorney not do a simple e-mail without violating open meeting rules, is concerned with wasting meeting time. �'"Councilmember Barker called the question and there was no objection. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS , City Manager Roger Roecker stated the Five Star Spirit Award recipient for the fourth quarter of 2011 is I Domingo Rubio, Jr., also known as Junior. Junior is a meter reader technician in the Public Works Department and has worked for the City of Friendswood since 1989. Junior was nominated by a resident who had a serious water Ieak, unknown to him. He was complimented for being a hard worker and thorough, he took the time to investigate the situation, identify the problem, call it to the homeowner's attention, and offer suggestions on how to resolve the problem. "He went above and beyond his normal job responsibilities regarding this matter and is to be commended for his outstanding customer service. He truly exemplified the five qualities of the Five Star Spirit Award in this situation and should be recognized for his efforts." Junior exhibits aIl five eiements of the Five Star Spirit, including being courteous, competent, reliable, professional, and enthusiastic. Appreciates the service that he has provided this community and the City, and congratulates him on being the recipient of the Five Star Spirit Award for the fourth quarter of 2011. Councilmember Barker stated he worked with Junior during Hurricane Ike by running a fuel truck together and Junior is an outstanding employee, went above and beyond and it was a pleasure working with him. The City is Iucky to have employees like Junior and stated he appreciates him. CITY MANAGER'S REPORT City Manager Roger Roecker stated the Blackhawk groundbreaking was last Monday, February 27 at 5:30 PM. The City hosted the groundbreaking ceremony for roadway renovations at Blackhawk Boulevard, Oak Vista Drive and Wandering Trails. The ceremony was held at the intersection of Blackhawk Bouievard and EI Dorado Boulevard. Construction has already begun and the project is slated for completion in the spring of 2013. The event was a great success with Mayor Smith and Mayor Pro Tem Hili present to break ground. Pastor Ron Hindt of Calvary Chapel gave the invocation and the principals of Clear Brook, Westbrook and Landolt schools were in attendance to represent Clear Creek Independent School District. Clear Brook High School's Color Guard was also on hand to assist with the ceremony. The Project Manager, Mike Murphy, was in attendance to represent the contractor, Matula & Matula. Also at the ceremony were representatives from HDR, inc. the engineer of record for the project. � They included James Thompson, Matt Hanks, and Ngoc le. j 03/05/12 3901 i Reconstruction will occur on Blackhawk Boulevard from Friendswood Link Road to Thursa Lane, on Wandering Trail from Kingsmill Road to Geneva Drive, and on Oak Vista from Magnolia Street to East Spreading Oaks. Traffic detours are posted on the City's website and will be continually updated as the project progresses. In 2008, Friendswood's City Council commissioned a Pavement Management Master Plan that detailed the condition of ali the City's roadways. Due to the age of the roadways, high use, and failure of the existing roadway pavemenUsubgrade, sections of Blackhawk Boulevard, Oak Vista Drive, and Wandering Trails were identified as being in need of replacement. City Council recently awarded a contract to make these street improvements. These street projects are being funded through a $3 million bond issuance from 2003 voter approved General Obligation bonds for street improvements. In addition to greater mobility once completed, the new roadways wiil reduce ongoing street maintenance costs on the existing aging infrastructure. Older water pipes at these Iocations will also be replaced with new, more flexible lines, and existing drainage infrastructure will also be replaced at key locations. Of particular note, the intersection of Blackhawk Boulevard and Friendswood Link Rd. will also be improved to allow for increased mobility and safety as an outbound left-turn lane and protected left-turn movement will be added on Friendswood Link. The City Manager reported on the upcoming Youth Sports Day. The Parks and Recreation-Community Services Department together with the Iocal sports organizations are planning Youth Sports Day for Saturday, March 31, 2012. The day wiil begin at 9 AM with a parade down Friendswood Drive featuring all the Little League and Giris' Softball teams. The parade will start from Chase Bank and end about an hour later at Renwick Park, where the Opening Day Ceremony will be held. At the ceremony the team names wili be announced, participation ribbons wili be presented, a Iocal pastor will give an invocation, and the league presidents have an opportunity to say a few words as well. Mayor Smith and Council are invited and one lucky Councilmember will have the honor of throwing out the first pitch. The City Manager reported on a new Look for the City's utility bill statements. Utility billing customers wili see a change i� the design of the City's utility billing statements beginning in February 2012. A double- sided full page, color copy utiiity billing statement will replace the City's current pressure-sealed billing statements. The front side printing will include the same information shown on current bills. The back side printing will allow for utility billing information prompted by frequently asked questions such as office hours, City and solid waste management company holiday closures, payment options, utility deposit and service fee amounts, and Fire/EMS donation information. The new format has been designed to provide customers with a more legible utility billing statement while also providing the City with postage and office supply cost savings. Customer feedback on the new bill format has been very positive. ACTION ITEMS "Councilmember Hill moved to approve a one-year contract extension with RePipe Construction, LTD, for the 2011-2012 Sewer Rehabilitation Project. � Seconded by Councilmember Barker. The motion was approved 6-0. '*Councilmember Hill moved to approve an Interlocal Agreement with the Houston-Galveston Subsidence District to participate in the Water Wise Conservation Program and authorizing the Mayor Smith to execute the agreemenk Seconded by Councilmember Barker. The motion was approved 6-0. *Councilmember Barker moved to approve the creation of an Assistant City Manager position and concurring with the City Manager's appointment of Morad Kabiri to the position. Seconded by Councilmember HiII. The motion was approved 5-1 with Councilmember Brown opposed. City Manager Roger Roecker stated that members of the City's Senior Management Team have recently i been discussing the importance of preparing this organization for succession planning and future leadership within the City. 03/05/12 3902 As we continue to move into the future, we believe that it is extremely important to ensure that institutional knowledge and the opportunity for advancement is in place. It is, in our opinion, one of the most responsible things that we as a management team can do for Friendswood. Over the last several months, has discussed with Council the need for an Assistant City Manager. To that end, a posting for that position was created, and is now ready to bring that position and appointment to Council for concurrence. The Assistant City Manager position has been designed to oversee the Public Works Department, Communiry Services Department and Community Development Department. The position will report directly to the City Manager. Within the last few weeks, an Assistant City Manager's position was posted internal to the organization, and after receiving applications, an interview process was conducted. Using members of the City's Senior Management team, and through a process of two interview panels, the team made a recommendation on their choice for a hire. At this time, he stated he is now pleased to promote Morad Kabiri, Director of Community Development as the new Assistant City Manager. As you may already know, Morad began his career in Missouri City in May of 2000, working first for the Planning Department, and then moving into the City Manager's Office and the Public Works Department before joining Friendswood as the Deputy Director of Community Development in November 2007. Later, in July 2008, he was appointed Interim Director of that department and then became Director in September 2009. Section 4.01(d)(2) of the City Charter requires the City Manager to appoint Directors of departments with the concurrence of the Council. At this time, is asking for Councii's concurrence to appoint Morad Kabiri to that position. On tonighYs agenda, a budget amendment item is included and reflects a salary adjustment for the Assistant City Manager position. This adjustment reflects the budget impact for the balance of the 2011-12 fiscal year. Councilmember Barker stated as the City has grown he has seen that more depth is needed in management, is grateful that the City did not have to go outside and fili those shoes. The City is fortunate to have all City Staff and Morad Kabiri is a cut above, is affable and deliberate, will serve the City well, and is well deserved. Councilmember Hill stated he was fortunate to be here when Morad Kabiri was hired, is an amazing young man, has been with him to several meetings, is well respected in any place with engineers and public servants. The City Manager's workload has increased dramatically and he needs the help, and is thrilled for Morad Kabiri and the City. Counciimember Enochs stated this promotion is well deserved, no matter who interacts with Morad Kabiri they get a positive light, telis what Council needs to hear and not what Council wants to hear. Councilmember McGinnis stated he echoes what all have stated, heartfelt congratulations, knows Morad will do a great job. Councilmember Brown stated there is no better role model for Morad Kabiri's nephew who is attending tonight than himself, shows a level of professionalism, shares interest in making things more efficient, appreciates what he has done so far, echoes other statements, reorganization was not on the agenda as it was proposed in Executive Session, this position suggests this is a new department then different divisions apply, would need to change personnel policies to create. She agrees with succession, only probiem is with agenda items. City Manager Roger Roecker stated any other reorganization is within the organization, there will be no additional budgetary impacts, and it will be an organization within the City. Mayor Smith stated that Council can only concur with creating the position and who it is. Charter requirements are that the other changes are in the City Manager's purview. I I 03/05/12 3903 Mayor Smith stated he appreciates the City Manager creating a structure that helps with a minimum i impact to the budget. Both gentlemen put in a lot of hours in heiping the community and hopes this ! change impacts the community and their families. "Mayor Smith moved to approve the rearrangement of the list of items for the agenda under the Council's Rules of Procedures under proposed amendment to Rule 16. Seconded by Councilmember Hill. '*'Councilmember HiII amended the motion to add public comments to be inserted in any meetings between 6:45 PM and 7:15 PM. Seconded by Mayor Smith. '**'Councilmember Hill amended the amended motion to have public comments after pledge and another as close to 7:00 PM as possible. *****Councilmember Hill amended the amended motion would be Number 4 on the agenda and not before 7:00 PM. Seconded by Mayor Smith. The amended motion was approved 5-1 with Counciimember Brown opposed *"Councilmember McGinnis moved to approve the selection of Councilmember Enochs as the Councilmember to represent Friendswood at the Citizens for Space Exploration meeting in Washington, , D.C. Seconded by Councilmember Brown. The motion was approved 6-0. Mayor Smith recognized Planning and Zoning Commission Chair Kevin Holland who returned and stated the zone classification change Yequest for 500 square feet of Iease space inside Kroger building located at 151 N. Friendswood Drive, Friendswood, Galveston County, TX, from Community Shopping Center (CSC) to Community Shopping Genter with a Specific Use Permit (CSC/SUP) to allow NAICS Use #522298 All Other Non-depository Credit Intermediation (i.e. pawn shops)failed 3-1. Planning and Zoning Commission Chair Holland stated the vacation of public right of way for 15 foot wide roadway easement of 9.5294 acres of land, being out of Lot 117 and Lot 118, Partial Replat of Slone Subdivision, Friendswood, Galveston County, TX, to replat with abutting land was approved unanimously. "Councilmember Barker moved to approve concurring with the Mayor Smith's appointment of a Section 504 and Equal Opportunity/Fair Housing Officer to meet Texas Community Development Block Grant Program requirements. Seconded by Counciimember Hiil. The motion was approved 6-0. Assistant to the City Manager Nick Haby explained that Deputy Director of Community Development Frank Manigold has been chosen as the appointment. '*Counciimember Brown moved to provide Council with communications from the City Attorney to Councilmember Brown regarding Local Government Code Section 9.004. Seconded by Councilmember McGinnis. The motion failed 2-4 with Mayor Smith and Councilmembers Hill, Enochs, and Barker opposed. City Attorney Arnold Polanco stated he has no issue for the communications from his o�ce being shared with all Councilmembers, they can convene into Executive Session and he can share it verbally if Council i wishes to get the information immediately. i � ' I � 03/05/12 3904 Counciimember McGinnis stated he looked into it, the distinction is that a resolution is a poiicy and an ordinance is stronger, suspects the outcome on the Charter amendments would have been the same, if there is clarification necessary then let Council receive it. Mayor Smith asked if there is anything or any issues Council will learn from this. City Attorney Arnold Polanco stated there are no issues in his opinion but recommends hearing the information confidentialiy. Mayor Smith asked if the City is being billed for the work already done on this issue and City Attorney Pofanco replied that the City will be billed for the research of this issue. Mayor Smith stated that is one of his concerns, the City Attorney was not given direction by Council to spend this time. Councilmember Enochs stated if the City Attorney stated Councii could benefit from hearing this information then he would Iike to hear it, reminded that Council decided not to contact the City Attorney without Council's approval and that has not been foilowed. '"*Counciimember McGinnis moved to go into Executive Session. � The motion to go into Executive Session was approved 5-1 with Councilmember Brown opposed. Councilmember Brown stated the Executive Session conflicts with Section 3.09 of the Charter as well as the State Code. Mayor Smith stated Council has the ability to ask the City Attorney a Iegal opinion and adjourned into Executive Session at 9:04 PM. CLOSED EXECUTIVE SESSION Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.071: Consultation with Attorney to receive Iegal advice. (Agenda Item 21, consideration and possible action regarding requirements for an ordinance for calling elections on Gharter amendments pursuant to Local Government Code Section 9.004.) Council reconvened into Open Session with no action taken later in the meeting. RECONVENE INTO OPEN SESSION •*Councilmember Brown moved to propose an ordinance for a Charter amendment aliowing for the , amendment of Section 3.09 and Section 3.10 of the Charter consistent with the attached amendment provided to Councii in the backup information. ***Councilmember Barker made a point of order and stated this motion is out of order for three reasons. This item was taken up less than 30 days ago, the item was defeated and so it cannot be reintroduced for 90 days, and this request cannot be considered without opinion from Iegal counsel. Mayor Smith concurred with the point of order called for a vote. The point of order was upheid 4-2 with Counciimembers Brown and McGinnis opposed. � RESOLUTIONS "Counciimember Barker moved to approve Resolution No. R2012-04 - A Resolution of the City of Friendswood, Texas, authorizing aerial spraying over Friendswood by the Galveston County Mosquito � Control District for the county-wide Mosquito Control Program. 03/05/12 3905 � Seconded by Councilmember Hill. The motion was approved 6-0. � I **Councilmember Barker moved to approve Resolution No. R2012-05 - A Resolution adopting a Capital Improvement Projects Manual containing a summary of all proposals projects to be acquired during a five year period, cost estimates, method of financing and a recommended time table for constructing the improvements to be undertaken in the City of Friendswood, Texas. Seconded by Councilmember McGinnis. The motion was approved 6-0. ORDINANCES *'Councilmember Barker moved to approve the Second and Final reading of Ordinance No. 2012-04 -An Ordinance granting to IESI TX Corporation the right, privilege, and franchise for a term as set out in Exhibit "A", attached hereto and made a part hereof, to provide solid waste collection and disposal, and related business activities in the City of Friendswood, Texas; prescribing compensation for the rights and privileges and franchise conferred hereunder; and prescribing the conditions governing the operation of the business. Seconded by Councilmember Hill. The motion was approved 4-2 with Councilmembers Brown and Councilmember McGinnis opposed. "Councilmember Hiil moved to approve the Second and Final reading of Ordinance No. 2012-05 - An Ordinance amending Sections 14-2 (b) and (c) and Appendix D of the Code of Ordinances of the City of Friendswood, Texas. Seconded by Councilmember MbGinnis. The motion was approved 6-0. '*Councilmember McGinnis moved to approve the First and Final reading of Ordinance No. 2012-08-An I ' Ordinance amending City of Friendswood, Texas, Ordinance No. 2011-31, passed and approved October 3, 2011, same being an ordinance approving and adopting the City's General Budget for Fiscai Year 2011-2012 by approving "Budget Amendment V" to the "Original General Budget of the City of Friendswood, Texas, for the Fiscal Year 2011-2012"; providing for supplemental appropriation and/or transfer of certain funds; providing for severability; and providing other matters related to the subject. Seconded by Councilmember Hill. The motion was approved 6-0. Mayor Smith closed the Joint Public Hearings. '*Councilmember Hill moved to approve the First reading of Ordinance No. T2012-09 - An Ordinance approving a vacation of a public right-of-way situated along the southeasterly property line of Lot 118 and along the southeasterly and southwesterly property lines of Lot 117 of the partial replat of Slone Subdivisions, Friendswood, Texas; authorizing the Mayor Smith to execute and the City Secretary to attest a quitclaim deed by and between the City and Autumn Creek Development, Ltd. Seconded by Councilmember McGinnis. The motion was approved 6-0. '"Counciimember McGinnis moved to approve the First reading of Ordinance No. T2012-10 - An Ordinance amending Appendix C of the Code of Ordinances of the City of Friendswood, Texas, Appendix C being the Zoning Ordinance of the City, by changing the zoning classification of 500 square feet of lease space located in the Kroger building iocated at 151 N. Friendswood Dr., Friendswood, Galveston County, Texas, from Community Shopping Center (CSC) to CSC with a Special Use Permit (CSC/SUP) to ailow NAICS Use#522298 all other Non-Depository Credit Intermediation (I.E. Pawn Shops); providing for an amendment of the City's official Zoning Map; providing for a penalty in an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Mayor Smith. � 03/05l12 3906 "'Councilmember McGinnis amended the motion to specify to permit use oniy as a gold and silver buyer or trader. Seconded by Mayor Smith. The amended motion was approved 4-2 with Counciimembers Brown and Enochs opposed. *`Counciimember McGinnis moved to approve the First and Final reading of Ordinance No. 2012-11 -An Ordinance of the City Council of Friendswood calling for the holding of a General Election on May 12, 2012, for the purpose of electing a Mayor Smith and two (2) Gouncilmembers, (Position Numbers 1 and 3); ordering a Runoff Election on June 16, 2012, if necessary; and a Special Election for the purpose of submitting to the qualified electors of the City of Friendswood, Texas; 12 Charter amendments presented by the Friendswood Charter Review Commission and approved by City Council; and making other provisions related to the subject. Seconded by Councilmember Enochs. The motion was approved 6-0. Discussion was held between Mayor, Council and the City Attorney regarding the ordinance calling the election. ***Councilmember Enochs calied the question. Councilmember Brown objected to calling the question. The motion failed 2-4 with Mayor Smith and Councilmembers Barker, Enochs, and Hill opposed. The question was not called. GOMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Barker stated he had no report. Councilmember Brown stated she is pleased to see how many candidates there are running for office. She further stated she attended the Bay Area-Houston Economic Partnership Gala with Councilmember McGinnis, was good exposure for the City, speakers were United States Senator John Cornyn and Texas Lieutenant Governor David Dewhurst. Counciimember McGinnis stated he attended the grand opening of the animal control facility, is functional and modern but not over the top, attended recent Texas Municipal League conference and brought back handouts for Council, attended Harris County Mayor and Councilmembers Association meeting, was hosted by the City of Houston and sat with the Mayor of Houston. !, Councilmember Hili stated he attended the grand opening of the animal control facility and thanked Mike and Cindy Barker for their large contribution to that project, attended two of the Town Hall meetings for the Singie Family Residentia�-Estate zoning discussion, was enlightening and learned a lot, wiil be a tough issue for the City, has a lot to do with the direction of the character of town, has decided to seek reelection for his position on Council, was encouraged by people he respects, and believes he has served the City well. Councilmember Enochs congratuiated Morad Kabiri on his new position of Assistant City Manager and thanked City Manager Roger Roecker for facilitating it. Mayor Smith thanked those who participated in the Blackhawk Boulevard groundbreaking ceremony such as Pastor Ron Hindt from Calvary Chapel for the invocation, and the Clear Creek Independent School District principals from Clear Brook High School, Westbrook and Brookside High School. He also thanked I Councilmembers Hill, Barker, and McGinnis for attending the grand opening of the animal control facility and Councilmember Hill for standing in for him as Mayor Pro Tem, was a job well done. ' 03/05/12 3907 "Councilmember Hill moved to approve the Consent Agenda as presented. A. Authorize acceptance of paving and utility improvements for West Boulevard Phase 2 for the contractor's one-year maintenance period. �. Accept January 2012 Property Tax Report. C. Approve Minutes of January 23, 2012, Council Meeting. Seconded by Councilmember McGinnis. The motion was approved 5-1 with Councilmember Brown opposed. The meeting was adjourned at 9:47 PM. Mayor Smith David J.H. S�° .�C�ln-G� � F F�o�/�p O Melinda Welsh, TRMC � �� � City Secretary V � � � I ' SA �� qTF �� ,��°� �I