Loading...
HomeMy WebLinkAboutCC Minutes 2012-06-04 Regular 06/04/2012 3945 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GAIVESTONlHARRIS )( JUNE 04, 2012 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JUNE 04, 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 KEVIN HOLLAND MAYOR PRO-TEM JIM HILL COUNCILMEMBER STEVE ROCKEY COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER JOHN SCOTT COUNCILMEMBER DEIRDRE BROWN CITY ATTORNEY ARNOLD POLANCO CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH Councilmember Enochs was absent from the meeting. REGULAR SESSION Mayor Holland cailed the meeting to order. The invacation was given by Public Works Directors Kaz Hamidian. 'I Mayor Holland led the Piedge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Brad Gibson, Friendswood resident, addressed Councii and stated he would like to speak regarding ' Friendswood Lake, do not rush into opening this property, rare opportunity to do right the first time, recommendations he is making has low cost, and detailed his recommendations. WORK SESSION Mayor Holland opened the discussion regarding the Intemational Property Maintenance Code (IPMC). City Manager Roger Roecker stated Staff discovered the IPMC had been adopted in the 1980's. Assistant City Manager Morad Kabiri explained Staffs recommendation is cannot enforce and to Ieave at Homeowner's Association (HOA) Ievel, concem with enforcement is with uniformity, what is considered i minor to one couid be major to another, do not have the resources to enforce, can adjust budget if Cauncil is interested. Councilmember Rockey asked why it had not been enforced and Mr. Kabiri stated was not aware, and did not have the reference material the ordinance referred to. Councilmember Rockey stated if enforced I now, could the City enforce it after all these years of not enforcing the code. Mr. Kabiri answered that the City can enforce but would need to establish a grace period, do not currentty have the right to go into a ', property to inspect sanitary conditions or structural soundness of the building. The enforcement of this code would give authority to the City to go into these properties to monitor these types of things but could ' be very problematic in the future. � i �I i 06/04/2012 3946 Councilmember Brown stated the IPMC was originally adopted in 1980 and readopted in 2010. Mr. Kabiri � stated it has been updated in each building code. Councilmember Brown stated neighboring cities have adopted, some do with amendments and modifications to the originai code, if repealed look at amendments that could be made to assist with enforcement, in regards to resources can look at during budget process, as far as leaving it to the HOA's, stated there are severai subdivisions that do not have � an HOA, have deed restrictions but not an HOA to enforce them. Councilmember Brown stated she believes could still Ieave as complaint based code, and with respect to minor or major changes to the arbitrariness already have Staff making changes when it relates to design criteria. Councilmember Brown asked Mr. Kabiri what resources have been identified that would be necessary for a complaint based enforcement of the IPMC. Mr. Kabiri stated other cities have roughly five or more Code Enforcement Staff spending $50,000 to $100,000 annually in property maintenance. The City of Friendswood currently has one and a half Code Enforcement Staff spending �4,100 in property maintenance. A lengthy question and answer took place between Councilmember Brown and Mr. Kabiri. Community Development Deputy Director Frank Manigold gave an estimate of weekly complaint calls with amount and type. Mr. Kabiri informed that these are without enforcing IPMC, numbers would increase if began enforcing code. Mr. Manigoid expiained further that would have to be used uniformly and would increase the demand. Mr. Kabiri stated with each complaint it would involve a lot of back and forth with Staff, citizens, and City Attorney. Mr. Manigold reported that there are approximately 80 foredosures, and Staff is currently working with property owners or banks to keep property maintained, and takes a lot of StafPs time. Councilmember Brown stated then the code would actually be a hammer on the banks that do not typically like to keep a property maintained after foreclosure. Mr. Manigold stated if enforced there would be more calls from HOA's. Mr. Kabiri stated Staff has gotten calls from HOA's asking the City to intervene, and use the City's resources, receive 2-3 every couple of weeks. Councilmember Brown stated the City does have more resources and codes to enforce, Annalea Subdivision has no HOA, is against repealing IPMC, research further to find out amendments, general concern is that this is the 2"a ordinance in recent discovery that is not being enforced. Mr. Manigold stated he takes responsibility, is a boiler plate ordinance that got updated regularly and not noticed. Councilmember Brown stated not trying to place blame, need to analyze going forward. Mr. Kabiri asked for more input from Council for direction. Councilmember McGinnis stated the IPMC is killing a gnat with a hammer, too much power of government, someone could have a broken sidewalk and City could enter premises to inspect, if property is condemned then the City would have to provide lodging. Mr. Kabiri stated is in State Property Code to provide alternate lodging, as is currently written do not have the resources to enforce. Councilmember McGinnis stated should Iook in depth and make amendments, most calls he gets has to do with aesthetics. Councilmember Scott stated this is a huge overreach by government, does not want government telling him when to mow his grass or weed his flowerbed, is for scrapping the whole deal, can pass ordinances to help homeowners with deed restrictions, and is on the side of repealing. Councilmember HiII stated is opening a big can of worms, will hurt citizens that can least afford it, and on some homes the repairs would cost more than the property is worth. Councilmember Hill stated if the code has been on the books for hventy years and has not been enforced then do not need, is for repealing the code. Councilmember Brown stated her HOA received a letter from the City about mowing. Mr. Kabiri stated can go in and determine structural integrity, with IPMC would have the ability to enter a house, invited or not. Councilmember Brown stated would suggest adopting amendments saying the City cannot enter a property, helps neighboring property values, if want to give everyone carte blanch to accepting the risk. Councilmember Brown stated she would like to see Keep Friendswood Beautiful (KFB) and the Planning and Zoning Commission (P&Z) give feedback before Council makes a decisio�, should have gone through P&Z in 2010 when it was readopted via ordinance from Council, Community and Economic Development Committee (CEDC) should have input as well because commercial property could be affected. Mr. Kabiri stated with life Safety Codes can look at commercial businesses, most of the complaints are from vacant properties. Councilmember Scott stated there are sections of town where there are older properties that have decayed and have been rebuilt or beautified, area near the library is looking better, does not Iike the idea of government interfering just because someone does not like him, thousands of overreaching laws are created because a small amount are impacted. Councilmember Brown stated with respect to overreaching, the City has encouraged developers to have an HOA. Mr. ', ' Kabiri stated only if they have properties that wiil serve their function. Councilmember Scott stated the ' City does not require HOA's and have gone over in the past, is not true. , i i �II 06/04/2012 3947 Councilmember Brown stated builders and developers will be glad to hear that. Mayor Holland stated it helps protect property values in a new subdivision while building. City Manager Roger Roecker asked for consensus from Council, should another workshop be scheduled or bring an ordinance to repeai. Councilmember Rockey stated cannot leave as status quo, bring it up for repeal. Counciimembers Hill and Scott stated to repeal. Councilmember McGinnis stated he agrees with Councilmember Scott, does not Iike but is not sure, likes amendments to scale it down to what the City needs. Councilmember Scott stated that is why it needs to be repealed. Councilmember Brown stated get committees involved and let them weigh in. Counciimember Scott stated does not want repeaied just because it has not been enforced, is against because it is overreaching. Mayor Holland stated a majority of Council thinks it needs to be repealed, and a portion of Council thinks other entities need to weigh in and agrees. Mayor Hoiland stated do not have another workshop, consensus said is overreaching, get with committees such as KFB and others that would weigh in. Mr. Roecker stated next step would be to bring an ordinance to repeal and also work with committees to put something in place. Councilmember Rockey stated before repealing would like to hear from committees. Councilmember Brown stated was unanimously adopted , by Council in 2010. Mr. Kabiri stated Staff did not realize it was inciuded, if had been aware it would have ' been StafPs recommendation to remove. Councilmember Brown stated in minutes it specifically said IPMC. Mayor Hotland opened the discussion regarding amending the City's Alcohoiic Beverage Code. Assistant City Manager Morad Kabiri explained current code as written does not compiy with State statutes, specifically regarding the distance between a place that sells alcoholic beverages and a public school. At the Iast Council meeting Staff was given direction to amend the distance measurements to reflect ail properties that alcoholic beverages are sold relative to public schools, churches, public hospitals, and daycare facilities be measured property line to property Iine. After further research discovered would still be in violation of State statutes. One option is to amend distance measurements to that of the State statute, maintaining the same 300 feet rule. One concern Staff has is with economic development, has not included daycares in the past regarding distance limitations, if code is amended to meet State law, would be adopting distance to daycare facilities. Staff recommends allowing fhe Permitted Use Table (PUT) to govern. The PUT is a�ready vetted by Council for uses in Community Shopping Center, and is appropriate to public schools and daycares. if there was an item such as a mail or sexually oriented business wanting to locate next to a school or daycare the PUT would not allow that. The business would first need a Specific Use Permit (SUP) approved by Councii. Mayor Holland asked about a gas station that selis beer. Mr. Kabiri stated if adopted would not allow near a daycare. Mr. Kabiri stated if a bar, � would be able to protect that from happening with an SUP. Counciimember Brown asked how many properties currently are not in compliance with the measurements defined by the State. Mr. Kabiri stated he did not have the number available. Counciimember Brown stated she knows of at least one, if alcohol is served with a permit The Green Eve�t Center does not have a 300 foot distance between door to door. ! Mr. Kabiri stated The Green Event Center is currently operating under a Caterer's Permit issued by the � Texas Alcoholic Beverage Commission (TABC). Councilmember Brown stated that a gentieman from TABC stated you can have a permit for a specific use for just that event, a Caterer's Permit, but you still have to comply with the underlying permit with the 300 foot rule in the Mixed Beverage Permit which is the underlying of the Caterer's Permit. She stated that the TABC was not aware of any Caterer's Permit that applied to The Green Event Center. Mr. Kabiri stated the Caterer's Permit is pulled at the Iocation of where the caterer,who is providing the drink, is located per the City Attorney's communication with TABC. Councilmember Brown stated that is totally a 180 degree difference from the conversation she had with TABC. With respect to the 300 foot rule there is probably multiple properties that are at issue, the , ordinance requires fees to be paid except for a Temporary Retail Permit. Councilmember Brown stated ' as far as she is aware there have not been any fees collected. City Secretary Melinda Welsh stated that the gentleman from TABC reiterated in a recent City Council meeting and over the phone the ; understanding that she, the City Manager and Mr. Kabiri had that a Caterer's Permit is a subordinate to a , Mixed Beverage Permit, and the Mixed Beverage Permit has to be compliant with the City the caterer is '� from and not the location of the event. Mayor Holland stated need to broaden thought on this depending '� how Council deems necessary to move forward. Mayor Holland stated Dunn Brothers is seiling beer in ' front of the Baptist Church, as well as the Wine Room, this couid make them noncompliant. I 06/04/2012 3948 Mr. Kabiri explained at this time these properties are in compliance because measurements are taken from property Iine to property line. if amended to reflect State Iaw, Dunn Brothers would be in violation ' because it is near a daycare. Mr. Kabiri stated was adopted in 2001 with measurements not reflecting i State Iaws aad once it was brought to Staffs attention they attempted to fix it. Councilmember Brown stated the ordinance was readopted in January 2010, thinks what Council has learned here is that � Councilmembers really need to review ordinances and what is being required by the ordinance before voting even if Staff recommends the ordinance. Councilmember McGinnis stated has gotten feedback that people are worried standards are going to be removed and people do not want that, this amendment is an effort to make the City's standards more in line with the State's but does not want to put any business out of business. Mr. Kabiri stated current businesses wouid be grandfathered. Councilmember McGinnis asked what about if a new owner came in and Mr. Kabiri stated the new owner would have to get a new permit and would have to compiy with current rules. City Attorney Arnoid Polanco stated one exception for example wouid be if a permit was issued to a corporation, if there was just a simple change in equity ownership of a corporation the permit would remain with that corporation, there would just be new ownership. Mr. Kabiri stated historically the types of business that Friendswood attracts that sell alcohol are restaurants, grocery stores, and convenience stores, how the ordinance is now these would not be an issue. The only time the ordinance will become an issue is when comparing to the State's 300 foot measurement rufe regarding a daycare facility. Staff's recommendation would be to allow the PUT to govern. Councilmember Hill stated the PUT is effective and should use that, had a Local Option Election a couple of years ago that passed by a huge majority, the PUT is very restrictive in itself. Councilmember Brown stated the ordinance was actualiy adopted after the alcohol election and was approved unanimously. Councilmember McGinnis asked about input from City Attorney in Executive Session. The City Attorney stated tonight Staff wanted to know from a poiicy standpoint what Council wanted the code to look like regarding alcohol regulation. Councilmember Rockey asked if Council adopted the State standards can it adopt a variance and Mr. Kabiri answered yes. Counciimember Brown stated that is what she had been recommending for a couple of months. Councilmember Scott stated if adopt State rules then will have to do a variance at the sale of a business, and Council can say now they would have , no problem granting one but Council wili change through the years, could damage the sale of a business and hinder the property value. Councilmember Scott stated he is not necessarily against the amendment but has some concerns and does not want to limit someone's ability to get the most value from their business. Mayor Holland asked if allowed for bars and Mr. Kabiri stated no that is regulated by the PUT. Councilmember Brown stated if anyone sold their business to a third party that third party would have to get a new alcohol permit. Mr. Kabiri stated would be less onerous if allow PUT to govern, but if Council wants to adopt State law as written then come back on a variance procedure that could be onerous, depending on how often the request would dictate how onerous it would be. Counciimember Rockey asked City Secretary Melinda Welsh how many alcohol permits the City currentiy has. Counciimember McGinnis asked why there was an amendment and Mr. Kabiri stated is not compliant with State Iaw. Mayor Holland asked what the consensus was, majority consensus was to amend the code to State law as far as the measurements are concerned. Mayor Holland asked the City Secretary if she had gotten the permit amounts and Mrs. Welsh explained what the 2010 amendment was about which was changing from one year fee collection to two year to match State Iaw change and the last time the City had a full year of fees it was 33, and with new businesses the number is probably between 33 and 50. Mayor Holland asked if direction was ciear. City Manager Roger Roecker stated besides writing a letter notifying businesses, adopting a new ordinance that incorporates the State's language and exemptions associated I with daycares the 300 foot rule would apply. Counciimember Rockey stated he agrees. Councilmember I HiII stated he does not support, supports going to the PUT, would hurt businesses, opening a big can of worms. Councilmember McGinnis asked can the City go to PUT and do 300 foot rule. Mr. Kabiri stated would have to add daycare facilities, and would have to get a variance. Councilmember McGinnis asked what the practical effect of daycare versus public school is and Mr. Kabiri answered that daycares occupy shopping centers and have gas stations, restaurants, and grocery stores near there and public schools j are not. Councilmember McGinnis stated he is not sure, is with Councilmember HiII, and does not want to ' see negative impact on regular restaurants. Councilmember Scott stated right now is in agreement with � Counciimembers Hill and McGinnis. Councilmember Brown stated is in agreement with Councilmember ' � Rockey and Mayor Holland, are merits of keeping alcohol code at some IeveL Councilmember Rockey ; ' stated cannot enact anything without a motion. Mr. Kabiri stated will put on an upcoming agenda for ' !, action, and Council can adjust accordingly. Mayor Holland stated bring both ways. '� 06/04/2012 3949 Mayor Holland opened the discussion regarding parkland and the annual Parks and Recreation Board Report. Councilmember Scott stated put on the agenda in order for Council to focus on parkland, originally intended to discuss i�April to correlate with the Parks and Recreation Boards Annual report, is Iooking for direction on how Councii can best pursue this, thinks there are options out there, land currently owned and maintained by the City not being utilized, does not know aIl the space not being utilized such as Imperial Estates, Lake Windermere (aka Lake Friendswood) has been on the radar for many years, would like to see Councii put together a committee to work with Parks and Recreation Board to see what they want to get done with land already owned by the City. The Parks and Recreation Board does a great job and does not get traction on some items, was on the board for 3 years, would like to dovetail into his action item. Is looking for the best option to pursue with the Parks and Recreation Board, stated his action item spells that out. Councilmember HiII stated is a good idea to get a group together to come up with priorities, cannot come up with all at one time, have looked at for years and most do not get done because of money, Imperial Estates can be done with limited funds, is in favor, wants the board to be conscious of the cost aspect. Councilmember McGinnis stated rather than suspend the rules there was overlap with Councilmember Brown's agenda items, wouid rather have full discussion now instead of moving forward. Counciimember Scott stated just to be clear, is that he has the Iiaison position currently with the Parks and Recreation Board, and wouid like to form a subcommittee with 3 Councilmembers working with the Parks and Recreation Board along with the Assistant City Manager,just saying Iet us go buy a piece of property is not a good idea. Councilmember Scott stated his idea is to have the subcommittee along with three Councilmembers get all the details ironed out as far as improvements, environmental hurdles, requirements are met to get property out of bankruptcy or foreclosure then presenting o�e package to Council. Councilmember Brown stated did have an agenda item, has i concerns that the Master Parks Plan was adopted in 2010, is not interested in recreating the wheel, the property issue in the Parks Pian is a Ionger term issue, did a PowerPoint she would like to show Councii, there are monies there to handle some of the projects including Lake Windermere, with respect to property purchases should not make it a specific use for parks, would have to have a more holistic view on what Council is Iooking to buy property for, does not think Council should rush into decisions, there are � funds to handle a Iot of the current issues, concerned with softball fields, according to users the Animal Control Building has affected the fields and drainage, researched Title 9 issues, equal access, not saying in violation,just need to pay attention to, likes the idea of combining all into a discussion, have discussed multiple times, does not agree with a subcommittee, all here now would like to make some decisions now. i Councilmember Scott stated that is part of the process, is not apples to apples, a City government standpoint and citizen standpoint are completely different. Renwick Park is maintained by Friendswood Littie League and voiunteers. Centennial Park is maintained by voiunteers in Space City Futbol Club, if discussed every single issue because of the complexities of each issue could take the next 4 hours. Councilmember Scott stated that having been part of the Parks and Recreation Board, having 3 � Councilmembers on the subcommittee would let the Parks and Recreation Board know they are interested, could spend money here and there but at the end of the day there is not money for the big ticket items. Councilmember Rockey stated there are 2 agenda items, one focused on process and the other focused on actions, is not prepared to go with action tonight, asked Councilmember Scott about time frame the subcommittee would report back to Council, and Councilmember Scott answered that meetings are every other month in odd months but could discuss in July meeting and could present to Council in August. Councilmember Scott stated the Parks and Recreation Board has already done I groundwork, where rubber meets the road is how to fund, how to get Council to agree where to spend I money, cost has not been compietely vetted for improvements, there are costs of materials but not a true cost estimate on each property and how best to fund, that is what has been lacking. Councilmember Scott stated if you had a true genuine cost and how best to fund the projects if it was brought to Council there would be a consensus on how to move fonvard. Mayor Holland stated he believes is the best , strategy and is not ready to look at an item with so many moving parts with it being his first meeting, should be methodicai, frugal, and responsible in how Councii goes about it and that is having a subcommittee to heip bring Council information. ', �� I I 06/04/2012 3950 Councilmember Brown stated she agrees with methodicai, thinks the Parks and Recreation Board needs to know how much money Council is willing to spend on these items, with respect to not having cost estimates do have one on Lake Windermere and others, and the main reason for her discussion point I was to ask the question was Council willing to budget dedicated funds for the City of Friendswood Parks i and Open Space Master pian. Councilmember Hill stated Council needs to consider if aIl available funds should be spent on opening Lake Windermere or on improving existing facilities, does not want to spend all reserve funds. Councilmember Rockey stated he does not think Council has to state the dollar amounts now, are obvious, in favor of subcommittee to prioritize the funds. Councilmember McGinnis stated came up with four points Councilmember Rockey summarized them, the Parks and Recreation Board has given Council a priority over the years and is up to Council to act on them, have to match the priority with cost estimates and whether the City can match projects to cost estimates, after the retreat and budget process new Council will be more up to speed and Council can sort these issues out with subcommittee, other competing projects such as the Iibrary, Iikes the subcommittee to help Council focus and prioritize. Mayor Holland stated is not ready, can discuss at upcoming Council retreat, does like subcommittee approach but as far as assigning dollar amounts not prepared. Councilmember Brown stated she agrees with Mayor Holland's comments, but believes should discuss what money willing to spend of the current reserve, would Iike to hear from people if you are willing to spend the $1.35 Million. Councilmember Brown stated she believes Council needs to decide on a dollar amount in order for the Parks and Recreation Board to decide what projects to spend funds on. Mayor Holland asked about $90,000.00 having to prove the neighborhood parks does not need the revenue, referred back to original statement for himself and new Councii to discuss at retreat. Councilmember Rockey asked if Council can agree tonight to the follow the process that Councilmember Scott outlined, and at the retreat would discuss the money and talk to a particular group. Mayor Holland stated that would make him happy, wouid Iike to eat the elephant in the room one bite at a time instead of choking on it. Councilmember Hill asked if can appoint a committee tonight and there might be people that would not have time to serve, if committee gets started tonight maybe by June 30, 2012, could have some info. Councilmember Scott stated that was his action item, if Council could suspend the rules to move to the action item to form the committee, has a recommendation on who he would Iike to see on the committee. ' '*Councilmember Hill moved to suspend the rules of procedures to move to the corresponding action item. Seconded by Councilmember Rockey. The motion failed 3-3 with Councilmembers Rockey, McGinnis, and Brown opposed. Councilmember Brown stated she would suggest to wait until after the next comment period in case there was someone wanting to speak on this item. Councilmember McGinnis stated he does not see a compelling reason to suspend the rules since it is , fresh on their mind. Councilmember Rockey asked if Council can agree to limit discussion when it comes back up as an action item. "*Councilmember Scott called the question and no one objected. i Mayor Holland opened the discussion regarding Parks issues to include budgeting for park improvements I included but not limited to potential purchase of park land and/or do�ation of Iand for parks including consideration of properties recommended by . Parks Board; Lake Friendswood and any costs/recommended improvements to open area for public use; softball fields drainage, parking concerns i and needed building improvements; and, improved drainage and parking at Stevenson Park. � Councilmember Brown stated have discussed her points already, wants to make sure Staff has this as an � agenda item for the retreat. Councilmember Scott stated if there is a committee established he would Iike �I to have them report back to Gouncil by the August Council meeting. Councilmember Brown stated her ' I biggest concern is that Council gets action instead of just talking about the issues. �I � ,� ,I I 06/04/2012 3951 A Iengthy discussion was held about the procedure. Mayor Holland recessed the meeting at 6:19 PM and re-adjoumed the meeting at 6:49 PM. COMMUNICATIONS FROM COMMI7`TEES ANS SPECIAL REPORTS Keep Friendswood Beautiful (KFB) Chair Sherry Goen gave the annual report. Ms. Goen thanked Council for the invitation and stated KFB has enjoyed a great year, they spent the year getting out into the community to Iet citizens know about projects. The community has responded with support, suggestions, and donations. Sponsorship for events has doubled over 2010. The KFB board members appreciate the many businesses, organizations, other City committees and commissions, families and individuals that share in KFB's goals and vision for the beautification of Friendswood. Board members, City workers, and 667 volunteers donated 3,955 hours last year. With a huge 164 percent increase from the year before, 54 percent of Citizens recycled 1,543 tons in 2011 which was up 211 tons from 2010. Friendswood residents took over 27,000 pounds of recycled items to the Steila Roberts Recycling Center in Pearland. Solid waste collected was recorded as over 12,000 tons which is down 3,700 tons from 2010, so there is an indication that waste collected is going into recycling and less is going into the Iandfilis. KFB submitted a 2001 grant for the Governor's Community Achievement Award receiving score of 96 this year, and was named a Silver Star Community from Keep Texas Beautiful. KFB's major goals for this year are seeking ways to get into Friendswood independent School District and Clear Creek Independent School District with beautification and recycling curriculum for use by educators, and to continue efforts to light up Stevenson Park. KFB commended City Council for its continued support financially and for providing tremendous City workers to help with efforts. KFB could not do all that they do without the support and guidance of the Friendswood Parks and Recreation department and its dedicated Staff. KFB hopes that their role as ambassadors in and around Friendswood makes Council proud. KFB hopes Council enjoyed the presentation which was created by Kimberly Ramirez, Administrative Assistant to James Toney, Director of Community Services. Councilmember Hili thanked KFB for the work they do, many times it is hard work such as Spring Sparkle, is quite an event and thank you so much. COMMUNIGATIONS FROM THE PUBLIC Faye Roberson, Friendswood resident, addressed Council and stated she was going to speak on � parkland issues, in going through files, Mayor is sitting in the same chair as has been for many years in another capacity, knows Council was copied on many e-mails, most are familiar with Trust in Public Land, has gone through with Council before, have looked at every area of what to do with Sunmeadow, is manicured and looks wonderful, is in best shape she's ever seen it. i SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS City Manager Roger Roecker reported that the City of Friendswood had received the Government i Finance Officers Association Distinguished Budget Presentation Award for the fiscal year 2011-2012. Mr. Roecker introduced Tony Sekaly, representative with the Gulf Coast Chapter of the Government Finance Officers Association. Mr. Sekaly stated this is the ninth year to receive the award, commends City of � Friendswood for this, lots of cities wish they could win once, let alone nine times. ' Director of Administrative Services Cindy Edge thanked Mr. Sekaly for coming out and introduced Deputy Director of Administrative Services Katina Hampton and Budget Manager Jennifer Walker, was a long � standing goal for the City and thanked them for what they do. '; � I I II �I 06/04/2012 3952 CITY MANAGER'S REPORT i City Manager Roger Roecker reported that in an effort to provide the public a status update Texas Department of Transportation (TxDOT) is preparing to begin the TxDOT FM 518 Overlay Project— Base repair and milling on FM 518 between FM 2351 and Castlewood. The project wili consist of milling the existing asphalt roadway, repairing the concrete base as needed, applying a new asphalt overlay, and replacing the loop detectors on FM 518 beriveen FM 2351 and Castlewood. The project construction contract was recently awarded to Forde Construction Company in the amount of �824,470.70. A pre� construction meeting was held Wednesday May 30, 2012, and a "Notice to Proceed" provided May 31, 2012. Construction is anticipated to begin on approximately June 18, 2012. The contract calis for the work to be complete within 38 working days. The City Manager reported the City is Iooking forward to the City's summer movies at Centennial Park. This is the fourth year the City of Friendswood and the Friendswood Rotary Club have sponsored the Movies in the Park series at the Evelyn B. Newman Amphitheater. The movies series, which begins July 13 and runs through August 17, has become a fun way for families to spend a Friday evening. Local businesses generously sponsoring each movie night include: HomeTown Bank of Friendswood, Space Genter Orthodontics, Chara Christian Dance Academy, Anson Jones Masonic Lodge #1416, Leon & Penny Shapiro RE/MAX Real Estate, and Texas Gulf Bank. Admission is free and movies begin shortiy after dusk. Various concessions such as popcorn, soft drinks, hot dogs and candy will be for sale at the event. Everyone is encouraged to bring their blankets, Iawn chairs, refreshments, dinner and/or a snack and sit back and enjoy an evening of fun and family entertainment. The City Manager reported the City's Workers' Compensation, properry, liability and special risks insurance are provided by Texas Municipal League Intergovernmental Risk Pool (IRP). The IRP was established in 1974. The mission is "to provide a stable source of risk financing and loss prevention services at the lowest cost consistent with sound business practices". Pro-active loss prevention I measures are a primary focus of the IRP. A Loss Prevention Training Program is provided by the rate structure. The goal is to educate members to avoid and reduce risk. Our Staff takes advantage of these � "free" training opportunities which further enhances our risk/safety program. Over the past 11 years, the pool has returned $92 million of equity to the members and reduced rates. I�Aprii, the Board of Trustees voted to return another �9.1 million. The equity returns have totaled more than $166,999 in the Iast five years and are based on the Iow loss ratio in the coverage lines of worker's compensation, property and liability during previous fiscal years. The City's and employees' commitment to safety is demonstrated by , this year's equity return of $23,587. The return to the City will be: Workers' Compensation - $4,730; ', Liability- �9,637 and Property-$9,220. The$23,587 credit will be applied to our 2012-13 contributions in October 2012. The allocation to our City is based on loss ratios and longevity with the pool. This safety culture has saved taxpayers thousands of dollars either directly or indirectly by limiting productivity losses resuiting from accidents. The City appreciates our employees' safe work practices and the training efforts of our Safety Coordinator Norman Stuart and supervisory Staff throughout the City. The City Manager reported on the City of Friendswood offering a new residential recycling cart program. I Beginning in May 2012, residents can obtain an enclosed 95-gallon cart for recycling. The cart is on i wheels for easier mobility. The top of the cart is embossed with a display of acceptable recyclable i materiais. With the single stream recycling program utilized by IESI/Progressive, ail recyclable materials can be placed in the one caft and left curbside for weekly pick-up. Cost to utilize the new recycling cart will be an additional �1 plus sales tax per month added to the bi-monthly residential garbage service billing. Residents who choose to continue using current 18-gallon recycle bins may do so. An additionai 18-gallon recycle bin may be requested at a cost of �7. The residential garbage service cost will not change for residents who conti�ue utilizing the 18-gallon recycie bins. The new 95-galion carts were ! delivered May 17 to about 65 residents and that number is expected to increase as awareness of the new i recycling option grows. Contact the City of Friendswood Utility Billing Office at 281-996-3232 or � IESI/Progressive for more information on the new recycling cart program. ' ; I I illl 06/04/2012 3953 The City Manager reported Friendswood Police Officer Brandon Blair was awarded the Fifty Ciub of Galveston County's Officer of the Year Award at their 41st Annual Luncheon in Galveston recently. Officer Blair has served with the Friendswood Poiice Department since 2006. He is being recognized for outstanding law enfarcement efforts and his extensive accomplishments in finding and arresting persons with outstanding warrants. Officer Blair has acquired a reputation for consistently taking on additional duties during his regular patrol shifts. He began his Iaw enforcement career with the Brazoria County Sheriffs Office nine years ago, but as soon as he came to Friendswood Police Department, he took on additional duties as a Field Training Officer. He routinely comes in before his shift to research outstanding warrants. His arrest record (over 200 last year) and follow-up investigations demonstrate his work ethic and general demeanor. Please extend Congratulations to Officer Brandon Blair for being recognized as Friendswood Police Officer of the Year, but also thanks for always giving 110 percent to make our community safer! ACTION ITEMS **Councilmember Hili moved to approve adopting a Traffic Calming Policy. Seconded by Councilmember McGinnis. The motion was approved 5-1 with Councilmember Brown opposed. Lengthy discussion was held between Mayor, Council, and Staff regarding a traffic study, HOA or citizen involvement, funding, appeal process, citizen concerns and process to respond and the street radar device. **Councilmember Scott moved to approve the creation of a subcommittee of Councilmember Rockey, Councilmember Scott, Councilmember Enochs, Director of Community Services James Toney, Assistant City Manager Morad Kabiri, and Parks and Recreation Board Chair Thomas Goodwin to explore potential acquisition of Iand to determine the best path forward financially for the needs of the community. Seconded by Councilmember Hill. The motion was approved 6-0. "Councilmember Brown moved to tabie until the August Council meeting any items resulting from the Parks Workshop held on June 04, 2012, and/or identified in the City of Friendswood parks and Open Space master Plan, inciuding but not limited to A. Opening Lake Friendswood for public passive use without allowing boating or swimming and/or allowing use of non-motorized boats and trails (See pg. F-2, F-7 and G-1-4 of Parks and Open Space Master Plan); and/or B. Request cost estimates and/or approve funding and/or designating not to exceed approved amounts to fund the following park projects with available undesignated funds held in the Community Park Fund or Neighborhood Park Fund, undesignated Reserve Fund, generai obiigation bond election, and/or to include in the 2012-2013 Operating Budget with such considerations for funding including, but not requiring, potential fundraising efforts and/or matching funds from donations and/or grants: 1. Improvements to the softball fields and facilities located at Moore Road (Friendswood Sportspark), including but not limited to drainage issues, parking improvements, concession stand, "club house", etc. (See pg. F-8 of Parks and Open Space Master Plan); 2. Any costs associated with opening Lake Friendswood/Lake Windemere (See pgs. F-2, F- 7, G-1-4 of Parks and Open Space Master Plan); 3. Purchase of Iand to be acquired for potentiai use, in whole or in part, as park land (See p. F-2 — F3,G2-3 of Parks and Open Space Master Plan); 4. Improvements at Stevenson Park inciuding but not limited to improving drainage issues, adding parking, utilizing unused land, widening and/or extending walking path, etc. (See pg. F-8 of Parks and Open Space Master Plan); 5. Funding for improvements to encourage more use of 1776 Park (See pg. F-8 of Parks and Open Space Master Plan); 6. Improvements to construct soccer fields at Baker Road Detention (See pg. F-8 of Parks a�d Open Space Master Plan) Seconded by Councilmember Scott. The motion to table was approved 6-0. '•Councilmember Brown moved to approve scheduling a forum on HOA related issues including but not limited to 1) enforcement of deed restrictions with an emphasis on non-litigation strategies; and 2) suggestions, concerns or opinions regarding a Citywide property maintenance ordinance Seconded by Councilmember Rockey. 06/04/2012 3954 Brief discussion was held by Council with Councilmember Brown explaining her agenda item. Discussion included whether to have a liaison to HOA's, Council's expectations of liaisons, who is doing what and whether this should be an agenda item for the upcoming retreat. 'i '"'Councilmember Hili moved to table until after the Council retreat. Seconded by Councilmember Rockey. The motion to table was approved 4-2 with Councilmembers Brown and McGinnis opposed. RESOLUTIONS **Counciimember McGinnis moved to approve Resolution No. R2012-13 - A Resolution of the City of Friendswood approving the Public Funds Management and Investment Policy for the City of Friendswood. Seconded by Councilmember Hill. Councilmember Brown stated has a Robert's Rules of Order concem and may need to appoint the City Attorney as a Parliamentarian. City Attorney Arnoid Polanco stated Councilmember Hill is Mayor Pro-Tem and can read resolutions aloud at the Mayor's request. Councilmember Rockey stated he is comfortable with Mayor Holland reading the resolutions. *'"Councilmember McGinnis withdrew his motion to approve and Councilmember Hill seconded the withdrawaL ""'Mayor Holland moved to approve Resolution No. R2012-13 -A Resolution of the City of Friendswood approving fhe Public Funds Management and Investment Policy for the City of Friendswood. Seconded by Councilmember Hill. The motion was approved 6-0. ""Mayor Holland moved to approve Resoiution No. R2012-14 - A Resolution of the City of Friendswood approving cooperation with the coaiition of cities served by Texas New Mexico Power to review Texas New Mexico Power Company's requested approval of an adjustment to its energy efficiency cost recovery factor; hiring legal and consulting services to negotiate with the company and direct any necessary litigation and appeals; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to legal cou�sel. Seconded by Councilmember Hill. The motion was approved 6-0. '*Mayor Holland moved to approve Resolution No. R2012-15 - A Resolution of the City of Friendswood approving cooperation with the Gulf Coast Coalition of Cities to review CenterPoint Energy Houston Electric, LLC'S requested approval of an adjustment to its energy efficiency cost recovery factor; hiring Iegal and consulting services to negotiate with the company and direct any necessary litigation and appeals; finding that the meeting at which this resolution is passed is open to the public as required by i law; requiring notice of this resolution to legal counsel. ' Seconded by Councilmember Hill. The motion was approved 6-0. ORDINANCE i "Councilmember McGinnis moved to approve the First and Final reading of Ordinance No. 2072-16 -An Ordinance adopting Budget Amendment VIII to the Original General Budget of the City for Fiscal Year 2011-2012 to provide for supplemental appropriation and/or transfer of certain funds)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 Piscal Year 2011-2012 by ' I approving "Budget Amendment VIII" to the "Original General Budget of the City of Friendswood, Texas, ', i for the Fiscal Year 2011-2012"; providing for supplemental appropriation and/or transfer of certain funds; li providing for severability; and providing other matters related to the subject. II I � 06/04/2012 3955 Seconded by Councilmember Scott. The motion was approved 6-0. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Scott stated is the first meeting with new members of Councii, thanks for running to those who ran in the election process, grueling process, not always fun, thanked those that gave time, effort and commitment, one of the most important things you do in the community. Councilmember McGinnis stated he had a wondeffui Memorial Day ceremony, kudos to Community Services Director James Toney, is a great speaker and a lot of interest from citizens. Councilmember Hill stated has been a good experience to work with new Council, and looks forward to working with them, attended the Memorial Day service, ,was a good attendance, thanks for those that attended and for the veterans. Councilmember Rockey stated he had no report. Councilmember Brown stated she would Iike to thank those that removed political signs, thanked Mayor Holland and Council for a productive meeting and willingness to put timetables. Mayor Holland stated he appreciates the patience, is learning, will endeavor to do the best job he can for them and for the City, was a great Memorial Day ceremony. CONSENTAGENDA Councilmember McGinnis requested to remove Consent Agenda Item E and Gouncilmember Brown requested to remove Item C from the Consent Agenda. "Councilmember Scott moved to approve all items on the Gonsent Agenda as presented with the exception of Agenda Items C and E. A. Approving an agreement with the YMCA for the use of the Sesquicentennial Swimming Pool. B. Approving the disposal of the Police DepartmenYs DARE Tahoe by auction. D. Authorizing acceptance of the Water Plant No. 6 Rehabilitation Project for the contractor's one-year maintenance period. F. Approving excusing the absence of Councilmember Billy Enochs from I the June 4, 2012, Council Meeting. G. Approving a banner permit application for New Hope Church to display a banner from July 16, 2012, through July 20, 2012, advertising their "Family Movie NighY' Program. H. Accept April 2012 Property Tax Report. I. Approve Minutes of April 02, and May 07, 2012, City Council Meetings. Seconded by Councilmember Rockey. The motion was approved 5-1 with Councilmember Brown opposed. � Councilmember Rockey asked for a Point of Order, and questioned whether he could inquire about an item without removing it. City Attorney Arnold Polanco stated no he cannot. `"*Councilmember Hill moved to approve Consent Agenda Item C. Ratify and confirm former Mayor i Smith's signature on a sub-lease agreement for the communications tower at the Public Safety Building. Seconded by Councilmember Rockey. The motion was approved 4-2 with Councilmembers Rockey and I Brown opposed. i i *'Councilmember Hill moved to approve Consent Agenda Item E. Authorizing final acceptance of the Fire ', Station No. 4 Project, and releasing the contractor from the maintenance period. I Seconded by Councilmember Rockey. The motion was approved 5-1 with Councilmember Brown �i opposed. I I 06/04/2012 3956 The meeting was adjourned at 7:57 PM. �';^���n ^�.,.�e.,.�°-`' I U� Mayor Keviri;Holland Attest: � ��......,�� .•� ��tIL/y •� � � ��:.�C7. .�•'' ''�S'!y'. : Melinda Welsh, TRMC ;U ��� , City Secretary ;p ; :7k i ;:� • :�N�, ::y �° •••9rF o F°c���°•e I I I � i I