HomeMy WebLinkAboutCC Minutes 2012-05-07 Regular 05/07/12 3926
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
MAY 07, 2012 )(
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, MAY 07, 2012, AT 6:00 PM AT FRIENDSWOOD CITY HAIL COUNCIL CHAMBERS, 910 S.
FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT
CONSTITUTING A QUORUM:
MAYOR DAVID SMITH
MAYOR PRO-TEM JIM HILL
COUNCIIMEMBER MICHAEL BARKER
COUNCILMEMBER BILLY ENOCHS
COUNCILMEMBER PAT MCGINNIS
COUNCILMEMBER JOHN SCOTT
COUNCILMEMBER DEIRDRE BROWN
CITY ATTORNEY STEVE WEATHERED
CITY MANAGER ROGER ROECKER
CITY SECRETARY MEIINDA WELSH
REGULAR SESSION
Mayor Smith called the meeting to order.
The invocation was given by Pastor Mike Ross of Friendswood Church of Christ.
Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas.
COMMUNICATIONS FROM THE PUBLIC
Charles Prendergast, Friendswood resident, addressed Council and stated he is speaking regarding the
vested rights item that is on the agenda, as long as citizens had an opportunity to comment then vested
rights was probably an okay deal, has read and keep in mind citizens want an opportunity to weigh in.
Troy Elmore, Friendswood resident, addressed Council and stated he is thankful Council is looking at a
traffic calming policy, is thankful as are residents of The Forest, get prioritized and give a path, and do not
just say Council will not fund.
Mayor Smith stated he met Troy Elmore's daughter Brooke this past week. She attends Westwood i
Elementary and read 172 books through the Rocket Reader program, which is the most ever in school j
history.
WORK SESSION
Mayor Smith opened the discussion between Council and Staff regarding the iPad agendale-mail �
solution. City Manager Roger Roecker gave a history on this item, was discussed with the Refresh during
budget time. The current Council is experienced and would know the benefit as opposed to new ,
Councilmembers coming up. I
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Information Technology (IT) Director Todd Yeager gave details on the iPad that is being considered and �
proposed the purchase of an integrated case and keyboard, gave details on pros as far as e-mail and
other capabiiities, agenda packets, and then gave a demonstration to Council on the iPad. He stated the
calendar works like a day planner, contacts will sync, more effective agenda packet portability, will
connect to ftp server through an "app", will download in .pdf format, links will work and will have a
completely linked packet, can view and maneuver easily, can make notes, annotate, highlight any area in
the document with this application, can be used on the iPad during a Council meeting or information can
be transferred to laptops at the dais, and can surf the internet through Wi-Fi.
Mayor Smith asked about affordability and the financial efficiency of the iPad. Mr. Yeager stated the
greatest advantage is portability and the ability to review e-mail when needed. This is the low end version
of the iPad but will meet all of Council's needs as far as storage and capabilities, is $499 per iPad, much
less expensive than issuing new laptops or other devices, have not found any other reader with software
applications to read agenda packets the way Council is used to doing it.
Gouncilmember McGinnis stated he uses an iPad in his normal job and it is very well received, attended
the Texas Municipal league (TML) conference Iast year and there was a presentation on this, presenter
informed that it was extraordinari�y well received in his city, has a computer he downloads the agenda
from and this may soive some of the clunkiness of the current system, asked if he can use his own iPad
and Mr. Yeager stated he couid. Councilmember McGinnis asked if a monitor could be hooked up to it
and Mr. Yeager stated he is still investigating. Councilmember McGinnis stated he would like to have his
own Council computer and not mix up his personal and Council, and can improve work efficiency.
Mayor Smith stated he likes the idea of having a separate instrument dedicated to Council. '
Councilmember Enochs asked when the dais Iaptops are scheduled to be refreshed and Mr. Yeager I
stated they are not on the schedule but would be two to three years down the road, are not used much so
they will last longer.
Mayor Smith asked if Staff is looking for direction and City Manager Roger Roecker stated yes and would
have in place by the June 4, 2012, meeting. Mayor Smith stated is a great idea, will not help him since he
will not be there, would be portable and could use the iPad for Council only and not mix with personal.
Councilmember Barker stated is good, would solve the problem with e-mail server, is a great idea, wish it �
was done a year ago.
Councilmember Hill stated he believes it is a great idea as well.
Councilmember Brown stated she currently only accesses e-mail by website, having a designated piece i
of equipment makes sense, helps in bringing documents to Council meetings, can have one unit, and
addressed her concern about accessing archived e-mails. Mr. Yeager stated it will only sync one month's
worth but is working on getting more.
JOINT WORK SESSION
Mayor Smith opened the discussion befiveen Council and the Pianning and Zoning Commission (P&Z) II
regarding a proposed vested rights ordinance.
Planning and Zo�ing Commission Chair Mark McLean opened the Planning and Zoning Commission's
Joint Work Session. �
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I Assistant City Manager Morad Kabiri stated both Staff and the City Attorney have received direction from
the Planning and Zoning Commission to establish a vested rights ordinance similar to those of other
Texas cities, and would outline a process that would delineate when a certain property or development is
considered vested. The purpose of the work session is to consider its merits before creating an
ordinance.
Planning and Zoning Commission Chair McLean stated City Attorney Steve Weathered worked on this,
vested rights was a hot topic at a recent land use training, such as when developers create a plat and
property sold, what regulations can still be applied to the development, the recommendation was that it
would behoove the City to develop a process in which to determine who is grandfathered, had the City
Attorney's input on legalities.
City Attorney Steve Weathered stated that P&Z Chair McLean and Assistant City Manager Moraii Kabiri
have gone over the subject well. The State of Texas let this lapse in 1999 and refreshed in 2005 and
2007, and is also called a Developer Ordinance among other names. When someone files a piat and
gets denied the developers argue that the plat is allowed because it reflects the ordinance at the time the
plat was filed, gave a detailed explanation of the proposed ordinance, gives a permit an expiration date in
order to further control development and can achieve the ability to make a determination if there will be a
recognition of vested rights or go before the Zoning Board of Adjustment and Appeals.
Mayor Smith asked where it leaves the City in the absence of something like this. The City Attorney
answered that the City could be caught in a conflict where the developer states the project was started
years ago and wants the rules of that time. This ordinance creates the ability for the City to make the
determination to see if it qualifies for a project, is a benefit to both the developer and the City. Mayor
Smith stated they are creating a definition whereby a developer or Iandowner has a written definition of
what vested rights means, now there is no definition so it falis back to State Iaw and their interpretation, is
not creating a process but a definition.
P&Z Chair McLean stated the statute is ambiguous and if a developer has a grandfathered right they
have to show evidence, show proof, and creates focus. A deveioper cannot say he attended a
Development Review Committee (DRC) meeting years ago and filed a plat, and then come five years
later and wants to use old rules instead of current. This was recommended at Iand use conferences.
Assistant City Manager Morad Kabiri stated whiie he is in full agreement with the merits of this ordinance,
there is a disclaimer that it wili not change State law if the project was already vested by State statutes.
Councilmember McGinnis asked if this is a look back and review or will a new process be instituted and
Mc Kabiri answered if a project is considered dormant then vestiture would no longer be in effect
Councilmember McGinnis asked if this would have solved the hotel issue last year and Mr. Kabiri stated
no but would have opened the lines of communication. Councilmember McGinnis asked if there is an
opportunity for a citizen review. Mr. Kabiri answered if a use is permitted that is the extent to which the
public input would be but if use is not permitted then a rezoning would need to take place and pubiic input
would be received then. P&Z Chair McLean stated citizen input would be important for a Specific Use
Permit or something that would require a public hearing, but citizen input is not germane as to when
something is vested.
Mayor Smith asked if there is Council i�put in the process of determining and the City Attomey stated no. I
Mc Kabiri stated once it passes the zoning domain Council does not give input. !,
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P&Z Chair McLean stated the ordinance brings clarity to the process. If the permit is denied then the
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burden is on the developer to appeal to the Zoning Board of Adjustment and Appeals within a determined
period of time. City Attorney Steve Weathered stated a time frame can be established. Staff went
through in one of the earlier versions, already have a body of Iaw to rule on this, and is a question of law
and not policy.
Councilmember Barker asked about dormant projects. Assistant City Manager Morad Kabiri stated it will
be a subjective evaivation, if changed significantly it can Iose its vested status, and will be done at Staff
level with assistance of the City Attorney. Councilmember Barker asked if the developer goes bankrupt is
it transferable and Mr. Kabiri stated that it is.
Councilmember Brown stated the ordinance may have unintended consequences, is a need but this
version of the ordinance needs clarity, definition of permit is overly broad, the developer of the hotel
claimed he was approved for a hotel in that location, this statute would give the hotel developer more
teeth, use cannot be denied if it is i� the Permitted Use Table but the Design Criteria Manual can be
modified by Staff at this time. Now the owner would have a vested right potentially under this ordinance,
without any notice to neighbors and homeowners, it would be a back door way to make changes without
notice. Under this statute neighbors and property owners cannot appeal, only option is to file suit, does
not require to file an application for vested rights, can go under common law doctrine, this current statute
wouid be developer friendly but will not balance the need for nearby property owners, and is concerned
with the way it is drafted. i
Assistant City Manager Morad Kabiri stated the State of Texas is a developer friendly property rights
proponent state. The City's vested rights ordinance cannot exceed what State Iaw allows and cities have
no wiggle room past that. During the 2005 Iegisiative session they passed Iegislation where vesting was
easier. Mi�or modifications can be implemented in the Design Criteria Manual, a use cannot be altered
but the definition of permit as outlined in this proposal can be modified.
City Attorney Steve Weathered stated the definition comes straight out of the statute, is ambiguous and
difficuit.
Mayor Smith stated the difference between having this type of ordinance or not having it is the
comparison for the cost benefit associated with those two things, despite lack of definition is still better
than the City already has, puts the onus on the developer.
Planning and Zoning Commission Chair McLean stated there is one case with City of Austin, did have a
process but did not plead the waiver. The City of Friendswood has a process here that states to the
developer how it is done here and can avail themselves of this procedure, and can put more mandatory
language in there.
Mayor Smith stated the Zoning Board of Adjustment and Appeals (ZBOA) and Construction Board of
Adjustment and Appeals (CBOA) have processes that have stood the test of time, has been practice and
policy where they are separate and outside the political influence associated with elected or appointed �
officials and City Staff, have autonomy within rules given, Iandowners and neighbors can aiways take it
up a notch and have injunctive relief. I
Councilmember Barker asked if the Planning and Zoning Commission was unanimous and P&Z Chair
McLean stated yes, and this is the fourth version.
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' Councilmember Brown stated to define "approval" and "consenY' within this document which will add
clarity, with respect to waiver would like a Iegal opinion, a notice of application could be given to nearby
homeowners, there is a concern with how projects have happened in the City before, thinks there are
unintended consequences with the current document and Ioopholes are being buiit into it that might not
be considered.
Mayor Smith thanked the Planning and Zoning Commission, Staff and City Attorney for their work on this.
Planning and Zoning Commission Chair McLean asked if mandatory language regarding the issue of
waiver should be included, whether or not there should be a notice to landowners who wili be affected,
and approval and what is deemed consent, stated they will address these issues and return to Council
with a final version.
The Planning and Zoning Commission adjourned their meeting to the upstairs conference room.
Mayor Smith opened a discussion between Council and Staff regarding a report from Hall Barnum
Lucchesi Architects (HBL Architects) on the Library proposals. City Manager Roger Roecker explained
the background and stated at the November 14, 2011, workshop, Council directed Staff to produce Iibrary
renovation/expansion alternatives for a budget of �500,000, $1 million, and $2 million. Following that
direction, Council will recall that an award of contract was granted to HBL Architects at the January 9,
2012, Council meeting to provide pre-design services that would evaluate the incorporation of these
different expansion alternatives. HBL Architects has since coordinated with City staff and the Library
Board regarding these proposed alternatives, and is prepared to provide a status update report to City
Council regarding the proposed scope that is involved with each alternative.
City Manager Roger Roecker introduced Steve Lucchesi, vice president of HBL Architects, who
presented the proposal, highlighted three plans, discussed project scopes of work, and existing site plan.
Floor Plan A focused on long needed interior improvements, such as fully renovated existing restrooms,
upgrades to lighting, replacement of interior signage, new exterior monument sign, additional small group
study rooms, replacement of door hardware, new circulation and reference desks, and renovation of the ',
existing steel frame canopy on the west side of the building. Floor Plan B includes the renovations in
Plan A with the additions of improvements to the chiidren's library, creating a teen/tween area within the
existing building, a larger and more comfortable reading area. Floor Pian C included the renovations in
both Plan A and Plan B with fhe additions of 6,000 square feet of new space beginning with the children's
area and including a teens/lweens area, additional Staff offices and work areas, expanded meeting I
rooms, expanded shelving area for the existing fiction a�d non-fiction stack area, more improvements to �
the exterior faqade of the building's frontage, and a snack bar. Many of the provisions of this project i
came from the Long Range Plan which was discussed with the former building designer who offered their
opinion, and HBL tested the schemes to assure that it is within the scope.
Councilmember Barker asked if these costs cover fixtures, furnishings, eta Steve Lucchesi stated the I
presented costs are for construction but they will help the library budget. Councilmember Barker asked
for factor and Assistant City Manager Morad Kabiri suggested setting aside ten percent. Councilmember �
Barker asked if the new generator would hold a new bigger building, and Fire Marshal Terry Byrd
answered an additional generator would need to be purchased if Pian G is chosen. I
Councilmember Hill asked if the library would be able to remain open during any of these plans and Steve I
Lucchesi stated it would be better to relocate during construction; however the library could remain open I
if the construction is done in phases, which is Library Director Mary Perroni's wish. �
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Councilmember Brown asked if it would be less expensive to reiocate and do phasing and Steve
Lucchesi stated yes but not much less expensive, could partition within reason, when completed walls
can be removed. Councilmember Brown asked about time frame and Mr. Lucchesi stated nine to twelve
months. ;
Mayor Smith stated Staff presented this in response to Council's request; need another session before II
any decisions are made.
Mayor Smith stated the work is very timely with budget discussions coming up.
Councilmember Barker asked if these could be worked into the budget as Decision Packages with
different options and Council can talk about funding it.
City Manager Roger Roecker stated Staff can do that, and if any have opinions about these proposals
please Iet Staff know.
Counciimember Enochs stated this has been worked on for years, have the existing line item on long
range planning replaced with these three options, asked how Iong are prices valid and Steve Lucchesi
stated prices should be good through the end of this year.
Councilmember Hill asked how much of the population would be served if Council chose to go with $2
million option and would it serve until buildout. Library Director Mary Perroni stated she believes it would
serve untii buildout.
Councilmember Brown stated she would like to see a fourth option of a completely new building and the
fifth option of the renovation of the junior high, and could do a Community Center in there as well, if can
determine if more options are wanted and then nail it down, Council needs to move forward and put a
time frame. �
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City Manager Roger Roecker stated if Council desires options four and five, those options wouid need to
be studied, would need a professional to look at the junior high buiiding.
Mayor Smith stated does not think the junior high was an option.
Assistant City Manager Morad Kabiri stated the $2 million is in Long Range Plan and the $5 million is not �
anymore.
Mayor Smith stated his opinion is the $2 million option, community needs an expanded library because it
is not large enough to carry the coming population but the big question is how to pay for it, go with best i
bang for buck, do not piece-meal, and communicate with citizens. i
Councilmember Barker stated the $2 million option is good, intentions four and a half years ago was to
have a new Iibrary, the expansion is needed, the exact number can only be determined through going out II
for bids, but must figure out how to pay for it.
Mayor Smith stated Lexus service is being delivered by Library Staff using a Corolla hybrid. '�
Gouncilmember Barker stated Houston Endowment has helped in the past, see if help can come from I��
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Councilmember Brown stated she gave a list of different foundations a while back, some are based in
Houston, asked if the 2009 bond was for $6.9 million and Mr. Kabiri stated the library portion was �5.5
million and was for a brand new building with more square feet. Councilmember Brown asked if there
was anything requested in the $5.5 million amount that is not included in $2 million asked for now.
Library Director Mary Perroni stated she is comfortable with what is being requested now.
Mayor Smith stated it is very different since it is a much different project than before.
Councilmember Brown asked if there were any critical elements desired that did not make the cut of the
$2 million. She stated she agreed that the building needs renovation to the building itself, restrooms and
the outdated monument sign needs to be replaced, need to come up with an approach for the library.
Library Director Mary Perroni distributed a gift for Council from The Friends of the Library.
SPECIAL RECOGNITION AND ACKNOWLEDGEMENT
City Manager Roger Roecker presented the Five Star Spirit Award. The Five Star Spirit Award is given
each quarter to an employee who has exhibited the five characteristics on which the award is based -
Courteous, Competent, Reliable, Professional and Enthusiastic. The recipient for the first quarter of 2012
is Rodger Speed. Rodger is an Information Technology (IT) Specialist in the Information Technology
division of Administrative Services. He began working for the City on a contract basis in 1997 and was
later hired full time in December of 1998. Rodger was nominated by a co-worker who stated, "Rodger is
an asset to the Cifij employees through his vast knowledge of computer technology. He is constantly
resolving computer issues that enhance the capabilities of all City employees. He is humble with his vast
knowiedge and is constantly working behind the scenes to serve all. Rodger exhibits a `can do' attitude
relentlessly working on IT projects to improve and automate aIl City computer applications." Receiving
this award is aiways an honor and a great recognition for the recipient, but this one is even more
significant than usual. This is the second time Rodger has won this award and his continued dedication
and service are appreciated. We appreciate the service that Rodger has provided this community and
congratulate him on being the recipient of the Five Star Spirit Award for the first quarter of 2012.
COMMUNICATIONS FROM THE PUBLIC
Ron Jadidi, owner of Friendswood Shell, addressed Council and stated that he wished Mayor Smith good
luck, is not an easy job, asked questions about the project on Blackhawk Boulevard and Friendswood
Link, and whether it will be a four lane. He further stated he has been speaking on the same subject at
the last few meetings regarding City employees going to the school bus barn to fill up on gas, ran into a
Councilmember who did not remember why he came to speak previously, if alI are supposed to shop
local then why are they going to the county to buy gas, want to save taxpayers money but want to make
more taxes, if a sales tax increase is presented in this town, if one comes to Friendswood to buy a shirt
where is there to buy it, is 7.75 percent tax rate, will only buy groceries and use gas stations, will make
more money, please think about local businessmen when decisions are made.
Kathy Rogers, Friendswood resident, addressed Council and stated she is speaking to clear up the issue
on upcoming primary elections and announced voting locations.
Shannon Tracy, Friendswood resident, addressed Council and stated she is owner of UV Country Power
Sports, are having a grand opening May 19, 2012, has donated vehicles to Alvin and Friendswood Police
Departments, donated vehicles to Gaiveston for Hurricane Ike and other projects. They are also holding
a fundraiser for veterans during this grand opening. Terry Collins, founder of Operation Finally Home,
addressed Council and stated it was started in Friendswood seven years ago along with Dean Wallrath,
has done many projects in the area, and UV Country Power Sports have been wonderful with donating.
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Terry Collins stated they buiid through one of the Iocal builders and gives the house for free to wounded i
veterans and pays taxes and insurance for fivo years. Shannon Tracy stated they are outfitting some of
these vehicles and are being used in Afghanistan.
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
Fourth of July Steering Committee Vice Chair Anthony Scarpa presented the annual report and stated
this year's parade is the 117�" annual, with entertainment, food and fun. The theme is the Sounds of
Freedom. The parade will begin at 10:00 AM. Steve Van Meter will be Grand Marshall, the band will be
Time in a Bottle along with other performers during the day, will have at least 50 booths with food and
activities, the evening program will take place at 7:00 PM at Centennial Park, fireworks wiil be at
approximately 9:20 PM, will have a shuttle for the evening program from Clear Brook High School to
Friendswood High School. Vice Chair Scarpa introduced aIl the 4t6 of Juiy Steering Committee in
attendance.
Gouncilmember Scott briefly Ieft Council Chambers at this time.
Mayor Smith thanked the committee for their work.
CITY MANAGER'S REPORT
City Manager Roger Roecker reported that each year, the Texas Division of Emergency Management,
the National Weather Service, Emergency Management Coordinators, and officials with local jurisdictions,
join together to recognize Hurricane Preparedness Week. Hurricane Preparedness Week in Texas has
been set for May 27, 2012, through June 2, 2012. This is an excellent time to build public awareness and
remind residents living in evacuation zones to learn their evacuation routes in advance. It is also a time to
encourage the general public to make plans for what they will do before and after a storm, to doubie
check emergency supply kits for themselves, for persons with functional and access needs and for their
pets. Fire MarshaVEmergency Management Coordinator Terry Byrd and the Office of Emergency
Management (OEM) Staff have been busy with their hurricane preparedness efforts for the 2012
hurricane season. Staff inembers attended the Resource Management Class, Texas Training and
Exercise Planning Workshop, and Emergency Operations Center/Incident Command System (EOC/ICS)
Interface Class. The Emergency Management Coordinator also attended the 2012 Texas Emergency
Management Conference in San Antonio April 2 through 5, 2012. On April 24, 2012, the Office of
Emergency (OEM) Management hosted the Annual City-wide Hurricane Preparedness meeting at the
Public Safety Building with contractors, schooi districts, service providers, utilities, and other cities, along
with Mayor Smith, Councilmembers, City department directors and supervisors to discuss their particular
hurricane preparedness plans for the coming season. In May, OEM Staff will meet with the special needs
facilities (nursing homes, senior Iiving facilities, etc.) and with the faith-based organizations to discuss
their preparedness plans. The Fire Marshal and Deputy Director wiil be attending the Disaster Response
Workshop hosted by the Texas Division of Emergency Management/Department of State Homeland
Security in Spring, TX, May 23 and 24, 2012. OEM staff is ensuring all City employees are obtaining
required National Incident Management System (NIMS) training as the courses are updated and made
available by the Federal Emergency Management Agency (FEMA). OEM staff continuously reviews and
updates all annexes of the City's Emergency Management Pian as required by the State, along with
updating the Debris Management Plan. Contracts for emergency services, debris disposal and catering
services have been renewed, along with updating the master list of critical and vulnerable facilities and
testing all EOC equipment. The FM/OEM Staff continues to work with Community Development Staff and
the City's contractor as natural gas generators are being installed at fire stations, water plants and '
wastewater plants. Funding for these improvements was provided through the Community Development � li
Biock Grant (CDBG). He commended Staff for continuing to be proactive in leading the City's efforts in ',
training, coordinating meetings with the public, hardening our facilities, and continually worki�g toward � �I
improving our preparations for dealing with the next catastrophic event that comes our way. ' I
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The City Manager reported that this year's Concerts in the Park Series began on Friday, May 4, 2012,
and will continue every Friday night during the months of May and June. Concerts will take place at
Stevenson Park in the Gazebo. All concerts wili begin at 7 PM and end at approximately 9 PM. The first
Mitch and Artha Wright Concert of 2012 featured the Friendswood High School Jazz Combo and the
Clear Brook High School Jazz Band. On subsequent evenings, attendees can Iook forward to pop, rock,
blues, country, Motown, and classic rock music. There is a category for almost every music lover's
tastes. Bring blankets, Iawn chairs, refreshments, dinner or snacks and be ready to sit back and enjoy an
evening of fun and family entertainment brought to you by the Community Services Department of the
City. AII are eligible for give-a-ways and "door' prizes given away at intermissions, and vendors will be
selling kettle corn, hot dogs, and snow cones, as well.
The City Manager reported that in coordination with the Texas Department of Transportation (TxDOT),
Conrad Construction, Klotz Engineers, Galveston County, and the City of Friendswood, Melody Lane was
re-opened for tv✓o-way traffic as of April 10, 2012. Furthermore, the new traffic signal that was recentiy
installed at the intersection of Melody Lane and FM 2351 is now in full operation and will serve as an
added benefit to meet the needs of vehicuiar tra�c at this busy intersection. The project is closely
approaching substantial completion; therefore, the public will still be observing the contractor finalizing
their minor remaining items in the area.
The City Manager reported that as part of their commitment to community involvement within the City of
Friendswood, IESI provides rivo $1,000 scholarships to Clear Creek independent School District and
Friendswood Independent School District graduating seniors. Each school's scholarship committee
selects the recipients and the scholarships are awarded according to financial need, academics, and
community service. This scholarship program is now part of the City's contract with IESI. They continue
to buiid strong partnerships with the City of Friendswood, the residents and businesses. We appreciate
IESI's support and assistance to our high school graduates in pursuing their college education.
The City Manager Reported that in January of this year, the City's Financial Advisors, Ryan O'Hara and
John Roebuck with BOSC, Inc., contacted Staff regarding an opportunity to refund the Permanent
Improvement Bonds, Series 2003 and some of the Permanent Improvement Bonds, Series 2005. The
principal amount proposed was $8,920,000 with an estimated savings of $655,855. At the March 5,
2012, City Council meeting, John Roebuck presented an overview and schedule of events to Council.
The estimated savings was $748,208. Administrative Services Director Cindy Edge and Administrative
Services Deputy Director of Accounting Rhonda Bloskas participated in a ratings call with Standard &
Poor's (S&P) on April 19, 2012; the next day Cindy Edge participated in a due diligence call with the
underwriter, Coastal Securities, and their attorney where very positive feedback regarding the City and
its financial condition was received. April 24, 2012, S&P assigned the City a rating of "AP,", meaning
S&P views the outlook as stable. The next day, the financial advisors went in the market to sell the bonds
and the final results: $8,890,000, General Obligation Refunding Bonds, Series 2012 - a totai savings of
$1,026,111. This is an estimated annual savings in debt service of $74,000. The average interest rate
on the bonds was 4.23 percent, which is now reduced to 2.24 percent. The delivery date of the bonds is
May 22, 2012.
The City Manager reported that on Monday, May 28, 2012, at 10 AM, a Memorial Day ceremony will be
held at the Veteran's Memorial adjacent to Friendswood City HaII, 910 S. Friendswood Drive. The
ceremony will feature a U.S. military veteran speaker and a collection of commemorative songs.
ACTION ITEMS
"Mayor Smith moved to give direction to City Staff to update the City's Alcoholic Beverages Code.
, Seconded by Councilmember Barker.
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Assistant City Manager Morad Kabiri stated Staff was recently made aware of incorrect distance I
measurements in the City's Code of Ordinances. State law simpiy reads that is supposed to go from
property line to property line from schools. Mr. Kabiri gave different options and stated it has come to
StafPs attention that certain components of the City's Alcoholic Beverages Code in Chapter 6 of the City
of Friendswood's Code of Ordinances were not in compliance with that of State statutes; namely distance
measurements beiween a business where alcoholic beverages are sold and public schools. In the
course of the review, a number of other issues were raised in which further direction is needed prior to
drafting an ordinance. The State of Texas' Alcoholic Beverages Code is a permissive statute in which
local jurisdictions are allowed to adopt ordinances regulating a place of business in which alcohol is sold
from protected uses (i.e. schools, churches, public hospitals, etc.). Historicaliy, Friendswood's code
limited the sale of alcohol from public schools, churches, and public hospitals but refrained from instituting
a distance requirement from day cares and private schools. In an effort to simplify codes, Staff would like
Council's direction on the possibility of either adopting a new ordinance but only modifying how distances
are measured from public schools to a place that sells alcohol (to be in-line with State law), adopting a
new ordinance incorporating the State's language and exemptions associated with day cares, or adopting
a new ordinance doing away with distance requirements within the City's Alcoholic Beverages Code and
default to the City's Zoning Ordinance, Permitted Use Table, to regulate the Iess desirable uses from
schools, churches, etc.
City Manager Roger Roecker introduced Dick Wilis, Houston Licensing Supervisor with the Texas Aicohol
Beverage Gommission (TABC) and stated Mr. Wills is a wealth of information and this is an interesting
and convoluted section of the Code. Staff has spent much time working with City Attorney Arnold
Polanco and has had several conversations with TABC staff.
Dick Wills stated that Section 109.33 of the Texas Alcoholic Beverage Code is an enabling law that would �
come from a School Board as a petition, Houston Independent School District, Katy Independent Schooi '
District, and Aldine Independent School District have adopted an alcohoi free zone.
Assistant City Manager Morad Kabiri stated restaurants can currently sell alcohoi in the form of mixed
beverages, wine, and beer. Stores can sell wine and beer for off-premise consumption, MB stands for
Mixed Beverage. Dick Wills explained that FB is a Food and Beverage certificate and TABC audits
annually, RM is a hybrid permit that stands for Mixed Beverage permit with a subordinate Food and
Beverage certificate, biue sign is for 51 percent food or greater, if it is 51 percent alcohol or greater it
becomes a bar and the business would have to have a red sign which means no guns are allowed,
explained temporary permits to sell alcohol if it is wet, can issue to a church, explained catering certificate
is a subordinate permit to Mixed Beverage, the process is to fill out a form to activate the permit at non-
licensed Iocations with landlord approval, permit can be activated not to exceed ten days, are no distance
restrictions because it does not apply to Section 109.33 but is a separate provision under caterers and
caterers are not subject to Section 109.33. This permit is good for two years and can be activated at
unlicensed locations as many times as needed.
Councilmember Brown asked if one must have the Mixed Beverage permit to subordinate the temporary
and Dick Wilis stated yes but it is called a Caterer's Permit, is no restriction on this permit other than
pubiic safety, most catering companies have a location where they keep their Mixed Beverage Permit but
will operate catering events at houses, museums, churches and the like. Councilmember Brown stated
with respect to license fees, asked if temporary permits have a permit fee that has to be paid to TABC
and Dick Wills anwered yes. Councilmember Brown stated that the concern she has with the current
statute is the requirement that half of the fee be paid to the City and Dick Wills stated the City get fees for
the main permit but not the subordinate permit. Councilmember Brown suggested omitting that section of I
the City's Code of Ordinances and stated with respect to Section 109.33, it has not been adopted. Dick I
Wills stated it is an enabling law. Councilmember Brown stated with respect to distances to properties ,
such as school, Dick Wills answered that it refers to package stores. Counciimember Brown stated there i I
are two different measurements applied depending on what is close to that location. ;
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Councilmember McGinnis stated that he would Iike to see proposed changes. Assistant City Manager
Morad Kabiri stated Staff refrained from drafting an ordinance because of the existence of ali of the
options attached to it, proposed doing away with distance and is extremely confusing. Dunn Brothers is
next door to a church but exceeds the 300 feet requirement but if the church were a school then Dunn
Brothers would be in violation, instead of confusing the matter the City could default to the zoning
ordinance because the Permitted Use Table would not allow a bar. Staff has had this ordinance in place
for a number of years, ca� change it to adhere to State Iaw regarding distance but the changes may be
confusing to the person in the field taking measurements.
Councilmember Brown asked if there is a State requirement of 300 feet and Dick WiIIs stated only if
Section 109.33 is adopted, it depends on the permit. Councilmember Brown asked if the City could .
modify by cross referencing the State requirement and Mr. Kabiri stated the distance can be at zero if
Section 109.33 is not adopted. Dick Wills stated Section 109.59 of the Texas Alcoholic Beverage Code
speaks to that.
City Attorney Steve Weathered stated Section 109.33 is permissive, do not have to enact the 300 feet
distance requirements. Section 109.331 has to do with daycare centers and works in tandem with
Section 109.33, when it will be maintained that there will be distance requirements it is permissive. Staffs
position is that the distance requirements of Section 109.33 will not be accessed and instead will rely on
another provision in TABC that municipalities may regulate business that are sexually oriented
businesses or that derive 75 percent or more of their gross revenues from the sale of alcohoi.
Councilmember Brown asked City Attorney Steve Weathered if he is familiar with Section 109.59 and he
stated have to treat alI business equaliy, can regulate if 75 percent gross revenue from alcohol and
sexually oriented businesses. Mr. Kabiri stated bars and sexually oriented businesses would have to
have a Specific Use Permit.
Dick Wilis stated the State measures for bond purposes only, allows City to interpret the law through their
own measurements.
Mayor Smith stated Staff is looking for direction. Staffs recommendation is to allow zoning to regulate,
and asked Council if they are prepared to give direction.
Councilmember Enochs asked what neighboring cities are doing and Mr. Kabiri stated it runs the gamut;
some are more restrictive and some are Iess restrictive, and Staff concluded it shouid go straight to the
source and ask TABC.
Mayor Smith stated Staff is not getting direction tonight and thinks Council needs to soak in and think
about it. He thanked City Staff and Dick Wills who stated he can bring others from Austin at another time
if needed.
City Manager Roger Roecker asked what Council would like Staff to bring back to them and �,
Councilmember Brown stated she would like to see a modification about the fee and 300 feet with �
variance and a standard for measuring distance. Dick Wilis stated it is up to the City to decide methods
of ineasurements, City of Houston does as the crow flies. j
Mayor Smith stated given the difficulty of ineasuring, if the measurement rule was well defined he �
believes zoning and Permitted Use Table could regulate a�d control what goes where, and supports �
doing away with it in its entirety. ',
'�'Mayor Smith moved to table giving direction to City Staff to update the City's Alcoholic Beverages ',
Code. '
Seconded by Councilmember McGinnis. The motion to table was approved unanimously. ,
05/07/12 3937
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'*Councilmember Barker moved to approve an Interlocal Agreement with Galveston County for Tax
Collection services.
Seconded by Councilmember Brown. The motion was approved unanimously.
"'Councilmember McGinnis moved to approve a site pian for a personal care facility to be located at 103
Diamond Lane, Friendswood. (tabled April 02, 2012)
Seconded by Councilmember Brown. The motion failed 3-4 with Mayor Smith and Councilmembers HiII,
Enochs, and Barker opposed.
*'Councilmember Hill moved to approve adopting a Traffic Calming Policy.
Seconded by Mayor Smith.
Councilmember Brown briefly left Gouncil Chambers at this time.
"**Councilmember Brown moved to table adopting a Traffic Calming Policy.
Seconded by Gouncilmember Hill. The motion to table was approved 5-2 with Mayor Smith and
Councilmember Barker opposed.
**Councilmember Barker moved to approve a change order for the Blackhawk Boulevard reconstruction
project for waterline improvements and appropriating funds accordingly.
Seconded by Councilmember Hill. The motion was approved unanimously.
ORDINANCES
'*Councilmember Scott moved to approve the Second and Final reading of Ordinance No. 2012-12 - 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 property Iocated at 304
W. Parkwood Avenue, Friendswood, Galveston County, Texas, from Community Shopping Center(CSC)
to Community Shopping Center with a Special Use Permit (CSC/SUP) to ailow NAICS Use#44112 Used
Car Dealers; 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 Councilmember Brown. The motion was approved 5-2 with Mayor Smith and
Councilmember Enochs opposed.
Lengthy discussion was held between Mayor Smith and Council regarding this proposed zone change.
*"*Councilmember Barker called the question.
'"'"Mayor Smith objected to calling the question.
*"'"'Councilmember Barker withdrew his request to call the question.
i
**Councilmember Barker moved to approve the First reading of Ordinance No. T2012-14 - An ordinance
declaring a policy for the public access to City facilities in the City of Friendswood, Texas.
Seconded by Councilmember McGinnis. ,
**`Councilmember Brown moved to table Ordinance No. T2012-14 - An ordinance declaring a policy for �
the public access to City faciiities in the City of Friendswood, Texas. I
Seconded by Councilmember Scott. The motion to table was approved 5-2 with Mayor Smith and
Councilmember Enochs opposed. !
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05/07/12 3938
`"Councilmember Barker moved to approve the First and Final reading of Ordinance No. 2012-15 —An
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 Fiscal Year
2011-2012 by approving "Budget Amendment VII" to the "Original General Budget of the City of
Friendswood, Texas, for the Fiscal Year 2011-2012"; providing for suppleme�tal 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.
COMMUNIGATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmembers Barker, Enochs, Hill, and Scott stated they had no report.
Councilmember McGinnis stated he attended a Texas Municipal League (TML) Conference and is now
part of the Legislative Policy Committee on Revenue and Tax, goal was not to represent cities but to see
how TML approaches Iegislature, received a book about budgeting which he shared with City Manager
Roger Roecker and Administrative Services Director Cindy Edge.
Counciimember Brown stated those voting in the primary election in Harris County can go to
www.harrisvotes.com to get voter location, early voting is at Freeman Branch Library on Diana Lane, and
the Primary Election begins May 14, 2012.
Mayor Smith stated there are vacancies on West Ranch Management District Board and need to find
folks, have been through the volunteer applications and only has one application but that applicant is ,
moving with no permanent address yet. Please think of someone that can represent and make those
meetings during the day in downtown Houston. Mayor Smith announced that he has attended Rocket
Reader Day for the past several years. Margaret Limmer is the teacher who is in charge of the contest
that determines which first grader read the most books, is a contest between the students as weil as the
classrooms, students had to write book reports on aIi these books, the entire first grade class read and
wrote reports on over 6,000 book since January 01, 2012. Congratulations to Ms. Limmer and her
students.
I
CONSENT AGENDA �
'*Counciimember Hill moved to approve the Consent Agenda as presented. A. Authorizing Council to
invoke Rule 1(A) of the Rules of Procedure to schedule a second regular City Council meeting for
Monday, May 21, 2012, beginning at 6:30 PM to canvass the votes from the General and Special
Elections. B. Authorizing the acceptance of the Ground Storage Tank Addition at Surtace Water Plant
No. 2, and accepting the project into the contractor's one-year maintenance period. C. Accept March
2012 Property Tax Report. I
Seconded by Councilmember Barker. The motion was approved 5-2 with Gouncilmembers Brown and i
McGinnis opposed.
The meeting was adjourned at 9:38 PM. /
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ayor David J.H. Smith '
Attest:
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Melinda Welsh, TRMC j��'r`` �'� '
City Secretary ;V; �;�: �
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'•.EOF� •'
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