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HomeMy WebLinkAboutCC Minutes 2012-08-06 Regular 08/06/12 3970 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( AUGUST 06, 2012 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, AUGUST 06, 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 COUNCILMEMER STEVE ROCKEY COUNCILMEMBER BILLY ENOCHS COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER JOHN SCOTT COUNCILMEMBER DEIRDRE BROWN CITY ATTORNEY ARNOLD POLANCO CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH REGULAR SESSION Mayor Holland called the meeting to order. ' The invocation was given by Pastor Skip Negley, Mary Queen Catholic Church. Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Paul Horn, Friendswood resident, addressed Council and stated according to his deed restricti6ns.for Imperial Estates he lives in a subdivision and not park land. Mr. Horn asked if the proposed hike and bike trails would be located on any of the buyout lots, and stated everyone in the Parks and Recreation Department feels this area is underutilized. Mr. Horn further stated he disagrees and that Imperial Estates has a regular host of joggers, skate boarders, roller bladers, dog walkers, and senior walkers. If the City goes forward, how does the City intend to protect private property, is not necessarily opposed to hike and bike trails but wants to know how the park will be maintained. Is concerned with parking issues, proposed dog park, and Frisbee golf course, where else in Friendswood is there any of these in a platted subdivision. He stated he expressed dissatisfaction to the City Manager Roger Roecker and Community Services Director James Toney for the Frisbee golf tournament that took place. In the future should be at another location, feels that agenda items are forced on him and his subdivision, would like to see the City reevaluate and table any non-essential or elective agenda items related to Imperial Estates. If the Parks and Recreation Department or the City wants to do something they should look at removing dead trees in the area and start up a replant effort, would support that, and hopes no further action is required. City Manager Roger Roecker asked if the Friendswood Police Officer's Association could speak at this time. No one objected. So Council moved to Agenda Item 8C City Manager's Report - Friendswooa Police Officers Association donation to Canine program. Friendswood Police Officer Lisa Price stated the Friendswood Police Officers Association (FPOA) would like to donate$3,000 to the Canine Program. 08/06/12 3971 Chico has been with the Police Department since 2006 and will be retiring soon and the Canine Program will need a new canine and handler in place before Chico retires, funding is in place from the Police Department's Narcotic Seizure Fund, the FPOA donation will assist with upfront costs for the new canine, wanted to make sure that the canine and handler start off on a positive note. WORK SESSION Mayor Holland opened the discussion regarding the City's proposed Fiscal Year 2012-13 Budget. City Manager Roger Roecker thanked Staff for their hard work and many hours that went into preparing the budget, is pleased with the result, recognized Administrative Services Director Cindy Edge and her Staff for their work, great patience and restraint. Staff has worked very well together and collaboratively, is proud, and appreciates them. The City Manager gave a historical perspective on the budget from Fiscal Year 2008 to present and stated the City has developed budgets that have included no new programs except for Teen Court, no city-wide adjustments to base budget based on Municipal Cost Index (MCI) estimated savings of $584,000, effective tax rate or slightly less than effective rate adopted, deferral of street maintenance; some facilities maintenance and equipment purchases, technology infrastructure, limited merit funding in recent years, operating budget savings of $291,551, limited growth in property values, recent decline in sales tax revenue, investment income declined approximately 86 percent. The City Manager listed accomplishments in Fiscal Year 2012 such as street projects completed, water plants replaced, improvements to surface water plants, Blackhawk reconstruction currently underway, additional water plants and lift stations replaced with revenue bond savings, water and sewer infrastructure projects in the 'panhandle' area funded by Economic Development Administration (EDA) grant, funding approved by EDA for a new traffic signal and reader board sign at FM 2351 and Blackhawk Boulevard and new irrigation systems in medians along FM 2351, installed 33 new natural gas generators, structural improvements to Fire Station No. 3, State Energy Conservation Office Energy Efficiency grant helped install new H-VAC systems at City facilities, approval of General Land Office(GLO) Round 2 Funding that will widen and improve Friendswood Link Road, maintained grant funding for Crime Victim Liaison, ' Emergency Management Program Grant, and other public safety related grants, grand opening of the new Animal Control Facility, one of the lowest serious index crime rates in the Houston metropolitan area, bond refinancing that saved over $1 Million in debt service payments, Staff reorganization that streamlined City administration and created a new Assistant City Manager position — which was done without adding any new employees, Community Development and Economic Development Departments collaborated in new customer surveys as well as a new Business Guide, collaboration with Friendswood Independent School District (FISD) in the new Centennial Park parking lot and lighting, maintained the City's excellent record of receiving the Comprehensive Annual Financial Report (CAFR) Budget Presentation and Financial Transparency awards, new strategic plans for Information Technology and the Friendswood Public Library, fuel partnership with FISD that reduced gasoline cost to the City, adjustments were made in the Community Development and Administrative Services Departments to reallocate Staff resources that provided Utility Billing with needed additional support — this was done without adding new employees, and Keep Friendswood Beautiful received third place in the Keep Texas Beautiful Governor's Community Achievement Award. Councilmember Brown briefly left the Council Chamber during the historical perspective and accomplishments portion of the budget presentation. The City Manager continued on with defining the Effective Tax Rate as per the Truth in Taxation Guide published by the Texas Comptroller's office, discussed homestead exemption, Friendswood offers 20 percent homestead exemption, discussed comparison of other cities' homestead exemptions and other exemptions offered, the unrealized levy due to homestead exemption for the 2011 tax year is $2,621,967 and if homestead exemption was zero the equivalent tax rate today would be $.49. In Fiscal Year 2013, with an average market value home of$200,000, the property owner pays $80.61 a month, some of the services the customer receives is police protection, Fire/EMS services, animal control, code enforcement, building inspection, library, planning and zoning, municipal court, community parks, street and sidewalk repairs, storm water drainage, senior citizen program, building and ground maintenance, street lighting, engineering and projects, and parks and recreation special events. 08/06/12 3972 Administrative Services Director Cindy Edge stated the three main points when developing the Fiscal Year 2013 budget were based on Council's advice to develop the budget based on the effective tax rate! no new programs added, and maintain the current service levels. Ms. Edge stated regarding the Decision Packages included in the budget the first thing considered is Forces at Work, one Forces at Work to note would be the Animal Control operating supplies, built a bigger facility and warrants an increase for supplies and to maintain the facility, two new full time positions proposed in the budget, an Information Technology Technician and a Police Officer, and also an Assistant Library Director. The Assistant Library Director is a current position and is just increasing responsibility and salary, positions will be brought in at mid-year due to filling the position and to incorporate more Decision Packages, included $135,000 for employee merit from the General Fund and $15,000 for employee merit from the Water and Sewer Fund, additional Animal Control facility cages through the General Fund, four items from the Volunteer Fire Department included in the General Fund Decision Package, part of what was requested, and Household Hazardous Waste disposal $15,000. Ms. Edge stated there are other sources funding some of the activities, Police Investigation Fund will fund the maintenance contract for the Automated Fingerprint Identification System (AFIS), Court Technology Fund will fund courtroom security upgrades, Park Land Dedication Fund will fund the lighting of Field#33 at Centennial Park as well as repairs to the gazebo and driveway, Tax Debt Service Fund will fund a dump truck, street sealing machine, and street roller, Water and Sewer Fund will fund natural gas and maintenance for generators, 35 percent of the Citizens Survey, and employee merit. Public Education and Government Access (PEG) fees will fund projectors for City Hall, animal adoption fees will fund animal adoption services. Ms. Edge asked for questions on Decision Packages. Councilmember McGinnis asked if the two new full time employee's salaries in the 2013 budget are only for half a year, and Ms. Edge answered yes. Councilmember Brown asked what was the $6,000 on projectors, and Planning Manager/Public Information Officer Nick Haby answered it will replace the projectors in the Council Chambers and will help with TV feed. Councilmember Brown asked if TV's could be used instead, and Mr. Haby stated Staff can do that, could do either way, what is being proposed are new projectors. Ms. Edge stated in the April Council meeting, Council directed Staff to get ' information on a Decision Package on in-house attorney, at this time Staff is asking Council for guidance on whether to proceed or not. City Manager Roger Roecker explained the direction was from a previous Council and before a full investigation is done, looking for guidance from new Council if interested in Staff refreshing work done on prior investigation, what does the majority of Council want Staff to do in regards to bringing information back to Council. Councilmember Hill stated has no facts to back up, does know City of Alvin has in-house attorney and pays quite a bit for attorney and paralegal, wants best value fo'r the dollars. Mayor Holland asked for more comments and no one spoke. City Manager stated will take that as direction to investigate and bring back to Council. Councilmember Brown stated she does not remember the conversation going this direction. Planning Manager/Public Information Officer Nick Haby stated the Household Hazardous Waste Program has changed considerably over the past few years, program began in 2008 with the City of Pearland with a budget cost of$3,750, over the years the Pearland Waste Facility has gone up on their cost and more residents are utilizing the program, 2012 budget amount was $15,100, usage amount for current year has busted the budget, usage has almost doubled what was anticipated, reason for the 2013 budget the amount has doubled to $30,100, IESI has committed to a contribution of $7,500 towards the program. Mr.�Haby stated the proposed policy change is due to high usage, suggests asking residents to limit the amount of waste brought to the Pearland facility to a hundred pounds per person, some residents are taking five to six hundred pounds to the Pearland facility and this is taking away from others that coultl have taken smaller amounts. Councilmember McGinnis asked if the City of Alvin or City of League City has this type of program, and Mr. Haby stated no. Councilmember McGinnis asked what Friendswood did before the contract with Pearland, and Mr. Haby stated Friendswood used a facility on the Southwest Freeway, but not sure if this facility is still operational. Councilmember McGinnis stated he uses the Pearland facility but the cost is quite high. Mr. Haby stated the price has gone up over the years and usage has increased quite a bit, Pearland suggested that Friendswood have its own facility. Mayor Holland asked to confirm that there was a resident that took 600 pounds of waste, and Mr. Haby stated yes and clarified that the waste is household hazardous waste not electronic waste. City Manager Roger Roecker stated Staff has tried to figure out how to control and limit usage in a kind way, 100 pounds a year is the goal but it will be purely on an honors basis. 08/06/12 3973 Mr. Haby stated some citizens are using their fair share and then some. Councilmember McGinnis asked if the Pearland facility is measuring and getting names when material is brought to the facility, and Mr. Haby stated yes. Councilmember McGinnis asked if a citizen could be charged for overage, and Mr. Haby stated Peariand suggested a voucher program but Staff is trying to make it as easy as possible for citizens. Pearland stated this is not a revenue generating program for them, limiting the number of pounds may help and reevaluate if it does not. City Manager Roecker stated if limit to 100 pounds a year could discuss a policy change to charge citizens for overage. Councilmember McGinnis stated that sounds reasonable to him. Mr. Haby stated instituting the policy change does not affect the.current contract, can advertise to residents about the 100 pound limit. Planning Manager/Public Information Officer Nick Haby presented Mind Mixer information, brought as a Decision Package during the budget process but did not make the cut, is an unfunded Decision Package. City Manager Roger Roecker stated the City of Friendswood has 200 full time employees, average age is 41, average years of service with the City is 8 years, average annual salary is $40,547, have 72 retirees currently and their average annual retirement benefit is $18,864. Mr. Roecker stated the City is leanly staffed, showed Staffing Per Capita slide and explained the figures, shows strongly that the City does not ask for employees that cannot do without. Friendswood is on the low end of 5.75 employees per 1,000 residents, showed slides of "Where does a Friendswood Resident's Tax Dollar Go" (Galveston County) with a breakdown of 50.3 percent going to Friendswood Independent School District, 22.7 percent going to Galveston County, 21.8 percent going to the City of Friendswood, and 6.2 percent going to the Drainage District, (Harris County) with a breakdown of 52.6 percent going to Clear Creek Independent School District, 23.5 percent going to Harris County, 22.8 percent going to the City of Friendswood, and 1.1 percent going to the Flood Control District. Mr. Roecker stated there are a couple of proposed changes to the Financial Management Policy, to comply with Federal Tax Covenants related to requirements after debt is issued. The City's bond counsel has recommended inclusion of specific policies and procedures related to these covenants, and the additions are included in the proposed ' budget. Mr. Roecker discussed alternative revenue streams available such as a half-cent sales tax, repealing telecommunication sales tax exemption, and Emergency Medical Services billing. City Manager Roecker showed and explained a Cabala's Government Outfitter slide, Staff has had a long standing relationship with Council that Staff would not be penalized if there is money left in the budget that has not been spent. Some government entities have the mindset to spend all the budget money, do not have that mindset in the City of Friendswood. Mr. Roecker stated Staff has presented a proposed balance budget, looking for guidance from Council as far as how to proceed, a public hearing is scheduled for September 10, 2012, a budget work session on September 10, 2012, and budget adoption on October 1, 2012. Councilmember McGinnis asked if there was more than one budget workshop last year, and City Manager Roger Roecker stated yes there was and can do more workshops if Council wants. Councilmember Hill asked if included in this budget is $500,000 for street repair and Mr. Roecker stated yes and explained using the Effective Tax Rate and after prioritizing all the Decision Packages there was $165,000 left allocated towards streets. Based on the information Staff was provided at the Council Retreat, Staff proposes to allocate $335,000 from General Fund reserves to meet $500,000 for streets. Councilmember Hill stated he appreciates, has kicked that can so far down the road, great job on budget, have not increased services but have not cut services either. Councilmember Rockey asked if Staff had figured out the amount for Amazon.com tax revenue, and Mr. Roecker stated has no way of knowing at this time. Councilmember Rockey asked if Staff identified any current programs that could be stopped, and Mr. Roecker stated have discussed one earlier in meeting, Household Hazardous Waste that started out as a $3,750 item and has turned into a $30,000 item, is not proposing to eliminate but to control better. Councilmember Brown stated she thought Council had designated $500,000 for streets at the retreat that would come out of the Reserve Fund plus what is currently being proposed for the budget, asked if any of Council had a different opinion. Councilmember Rockey stated he did not remember setting a figure, and Mayor Holland stated he remembered setting a figure of $500,000, and Councilmember Scott stated he recalled the figure to be$500,000 and how Council derived from that was prior to any Decision Package. i 08/06/12 39741 Councilmember Brown asked if Council would be willing to spend $500,000 from the Reserve Fund ' towards streets, and Mayor Holland stated he would like to discuss that on the next agenda iteml Councilmember Brown stated she would have to defer to the City Attorney if street maintenance can be discussed under another agenda item. Mayor Holland stated he would like to discuss the undesignated funds on the next agenda item, would like to hear what the Parks Subcommittee has to say about the money allocated. Councilmember Brown stated she believes user fees might be good for hazardous waste, but should kick in at less than 100 pounds. The City Manager Roger Roecker stated in regard to street budget, Staff tried to put as much money there as could and minimize the impact on the Reserve Fund. Councilmember Rockey asked if$500,000 for streets is a budgeted item and not coming from the reserves, and Mayor Holland stated $335,000 would come from reserves and the remaining $165,000 was a budget item. Councilmember Brown asked if the effective rate stayed the same without increasing the rate based on the decrease in values, what is the delta, and could that be made up with the Reserve Fund, and Mr. Roecker stated the proposed rate is the effective rate, if effective rate is not approved and maintained the same rate it would take it through the Forces at Work (FAW) and a couple of other items on the Decision Packages, would not fund merit. Councilmember Brown asked if Council could get the amount of delta between the current and proposed effective rate before Council had to decide on the budget or Parks Fund, and Administrative Services Director Cindy Edge stated is $441,0k Councilmember Brown asked if Council funded the $165,000 that would reduce the amount from the reserve and reduce the delta to something in the $280,000 range and could reduce the proposed effective rate, and Ms. Edge stated with that change would not get down to where the streets are with funding for Decision Packages. The City Manager stated instead of trying to do the math here, if Council does not adopt the effective tax rate and maintain the current tax rate which would be less than the effective tax rate that will be a tax cut, things that could be funded would be different, could only fund the Forces at Work portion of the budget and in the General Fund portion could only fund the Information Technology Technician and a portion of the employee merit. Councilmember Scott stated that basically road funding would be handled by the above 90 day Reserve Fund per Councilmember Brown, and ' further stated would have to figure out the $280,000 shortage, proposes talking about at workshop, Council should direct Staff to look at effective tax rate and fixed tax rate the City had in the past. Councilmember Brown stated if were to use reserve funds for capital improvements there could be an effective rate between the proposed rate and the current rate, could still hit Decision Packages but would not have to go up as high on the effective rate. Mayor Holland stated he would like to get where currently are on the Decision Packages off the current effective rate. Councilmember McGinnis stated he is concerned with total debt service the City has, asked why Sewer Debt Fund is not included in that overall number, and Mr. Roecker stated is not funded by taxes, statute states tax rate cannot be more than $2.50, Staff will work on that section some more so do not focus on calculations. Councilmember McGinnis stated the City has over $70 Million of debt long term and sounds high, other cities are struggling. The City Manager stated it is a huge number and asked Administrative Services Director Cindy Edge for comparison. Ms. Edge stated will change wording after investigation and after spending time with bond counsel, $2.50 would be the greatest the tax rate could be, not how much can borrow bdt how much levy can be, tax limit has gone away, wording has been carried forward and needs to be changed. The City Manager stated water and sewer are paid by Water and Sewer Funds, bond rating is good, on tax side Interest and Sinking Fund rate is 6.7 cents, benchmark cities are much higher except for City of Galveston. Councilmember McGinnis stated the amount of debt hanging over future Friendswood citizens seems like a lot. Mr. Roecker stated there is a generational equity piece in that as well. Councilmember Brown stated future generations are not paying in northern cities of United States. Mr. Roecker stated he appreciates concern and the City is in great shape. Councilmember Enochs asketl how much money above the reserves would this put the City and Mr. Roecker stated puts a Million below the 90 days. Ms. Edge stated sometimes can adjust after getting Galveston County values, there are many going through the protest system, will have final numbers in September from Harris County. With concurrence of Council, Mayor Holland moved to Agenda Item 6A, Special Recognition and Acknowledgments, Oath of Office administered to reappointed Municipal Court Associate Judge Richard ' Flake. 08/06/12 3975 SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS City Secretary Melinda Welsh administered the Oath of Office to reappointed Municipal Court Associate ' Judge Richard Flake. With concurrence of Council, Mayor Holland moved to Agenda Item 513, Work Session discussion regarding report from the Parks Subcommittee. WORK SESSION Mayor Holland opened the discussion regarding the report from the Parks Subcommittee. Councilmember Scott explained that in June an Ad-Hoc committee was created that consists of himself, Councilmember Enochs, Councilmember Rockey, Community Services Director James Toney, Assistant City Manager Morad Kabiri and Parks and Recreation Board Chair Tom Goodwin to try and identify existing City owned land as well as potential acquisition of other parkland to get in line with the Parks Master Plan that the Parks and Recreation Board has been working on tirelessly for a while without making any improvements. Councilmember Scott stated he had asked the chairman of the Parks Board to present their findings but had to be out of town so asked Community Services Director James Toney and Assistant City Manager Morad Kabiri to present the different scenarios that the Parks Subcommittee came up with. Community Services Director James Toney presented that the City is 180 acres short for parkland systems for municipalities, instead of going out and looking for properties to purchase, looked at existing properties that can be improved to add to current parkland, came up with scenarios for Council to review and provide more guidance for future improvements, first scenario looks at making improvements to 1776 Park by adding canoe portage, Centennial Park lighting to Field# 33, Imperial Estates adding a disc golf course, dog park, hike and bike trails, conversion of land to park space, Stevenson Park to have inflatable ' water features, re-plaster the pool floor, and put a bridge between Stevenson Park and Old City Park. There are other scenarios but seeking guidance and approval on Scenario One to move forward with the projects. Councilmember Scott stated with canoe portage at 1776 Park would also have to do one at West Ranch, tried to identify things that could be done rather inexpensively using the Park Dedication Ordinance with not much operating and maintenance cost, committee looked at operating and maintenance costs and land that the City already owns, by taking on the Imperial Estates piece, if approved would replat the lots from Single Family Residential to Parkland, the City currently owns the lots and maintains the lots, there would be dead tree removal and cleanup, would be dawn to dusk park, would add police attention and focus, would be using property City currently owns and maintains, if able to get volunteers to go out and search for donations then project could be done for less than what is on spreadsheet, the guys who currently have the disc golf tournament at imperial Estates would love to be involved in helping with something out there. Councilmember Scott asked if any of the other Councilmembers on the subcommittee would like to speak. Councilmember Enochs stated residents live here because it is a bedroom community, this is a big impact for very little money, and Councilmember Scott did a great job with the summary. Councilmember Rockey stated in regards to the gentleman who spoke earlier from Imperial Estates one of the items the subcommittee discussed was working closely with the nearby residents and to involve the residents in the process. Councilmember Scott stated the Parks and Recreation Board has done a great job with the Master Plan, have gone through grant writers to get as much money for park space improvements as they have been able to do, certainly have been stalled. Councilmember Scott stated when he was on the Parks and Recreation Board for three years they were able to get the parking done at Renwick Park but nothing that actually added to parks space, replatting Imperial Estates would add 33 acres to current parks space, all Parks and Recreation Board meetings are posted and open to the public, it was publicized at the July Council meeting that there would be a July 18 Parks and Recreation Board meeting. ' 08/06/12 3976 Councilmember McGinnis ask if Scenario One is what the subcommittee is recommending, and ' Councilmember Scott stated the subcommittee is recommending going forward with Scenario One while using money already approved out of the Parks Dedication Ordinance. Councilmember McGinnis asked what is the cost benefit ratio on the margin of playing time will the lighting for Field# 33 and other fields provide since it is expensive, and Councilmember Scott stated hard to ratio out but one of the struggles every year with football, lacrosse, etc., is that there is not enough lighted field space, that is the highest operating and maintenance cost increase because of the light bill, with Scenario One the subcommittee tried to hit a little of everything citizens have voiced they needed, when daylight savings time hits most fields do not have lights for teams to practice, the City pool has to be re-plastered and adding the water feature at the same time would save money, adding features would add more visibility, adding bridge from Stevenson Park to Old City Park would connect the two, the Galveston County Consolidated Drainage District already owns the right-of-ways, put in a hike and bike trail to provide a greater opportunity for those that like to jog and ride bicycles, these are all minimal cost items and good estimates. Councilmember Brown thanked the subcommittee and stated the report is a good report with good details, asked what legal research has been done on replatting the land in Imperial Estates, and how does it affect deed restrictions already in place, believes City is not a voting member of the Homeowner's Association (HOA). Assistant City Manager Morad Kabiri stated the City does not vote in any of the HOA matters, but the City does pay HOA dues on the lots that the City owns. Councilmember Brown asked if Council has already agreed to not vote in any HOA matters, and Mr. Kabiri stated Council did agree to not vote on HOA matters, but does not know if it was formalized with any action taken. Councilmember Brown stated her first concern would be that the deed restrictions would apply to the land, does not know how the City will replat the land unless the deed restrictions allow for it, if the City does not have a vote then it will be up to the homeowners to make the decision. Community service's Director James Toney stated Imperial Estates Section One does not have an active HOAR. Councilmember Brown asked if there were deed restrictions that apply to the land and stated she cannot make any decision until she knows if there are any deed restrictions on the land. Mr. Toney stated he ' does not think there are deed restrictions but will have to check. Mayor Holland asked if the City would discontinue paying HOA dues, and Mr. Toney stated the City pays dues to Imperial Estates Section Two but not for Imperial Estates Section One. Councilmember Brown stated Council should ask the City Attorney to review deed restrictions to see if replatting is permissible. Councilmember Brown asked if the canoe portage was for FM 528 Park in West Ranch subdivision, and Mr. Toney stated yes. Mayor Holland asked about lots in Imperial Estates Section One if the Galveston County Consolidated Drainage District (GCCDD) has any jurisdiction, and Community Services Director James Toney stated the lots are reserved for access by GCCDD but the maintenance is done by the City. Councilmember Brown asked if the City should do more ordinances regarding boats on the creek, League City has done extensive work in adding access to the creek and tying in with Galveston and Harris Counties. Councilmember Brown asked if Staff had discussed with City of League City tying into the creek, and Mr. Toney stated Staff has not, but could discuss partnership opportunities with League City. Councilmember Rockey stated he believes what the subcommittee is interested in today is concept approval and not a detail approval with the understanding that Council's consensus is needed before doing any research, report is the first step, and do the details at next step. Councilmember Brown asked about Park Dedication Funds being used outside the zones they are designated for, has Staff done the legal research, and Assistant City Manager Morad Kabiri stated research has been done and funds can be used citywide, Council will have to take action that says funds have been exhausted in each zone and that the available funds can be utilized citywide. Councilmember Brown stated funds are not used just for expansion but for maintenance also, requires Council to make a designation that all uses have been exhausted in each zone before it can be used for other purposes. Mr. Kabiri stated can be done with same Council action to approve Scenario One. Councilmember Brown stated none of the projects in Scenario One are out in the Moore Road area where there is a substantial amount of funds designated for that zone. Mr. Toney stated in Scenario One there are not any projects for the Moore Road area, but in the other scenarios there is development and projects in the Moore Road area. Councilmember Scott stated some of the funding is up against expiration, is asking Council to give approval to Community Services Director, Ad-Hoc Committee, and ' the Parks and Recreation Board to utilize the Parks Dedication Funds for projects in accordance with the Parks Master Plan. 08/06/12 3977 Councilmember Brown stated does not sound like the City can use the Parks Dedication Funds since the Parks Master Plan states what the funds will be used for, have to show that all uses have been ' exhausted, Parks Master Plan states there are still uses out in Moore Road area. Councilmember Brown asked how is it said all uses have been exhausted. Mr. Kabiri stated Staff has run this trap with the City Attorney and he stated it is okay to use funds for Scenario One. Councilmember Brown stated she wants that City Attorney information before the action item. Mayor Holland asked Councilmember Scott if wanted to go over the other scenarios, and Councilmember Scott stated yes. Councilmember Scott stated the other scenarios are more expensive, Scenario Two involves land acquisition, there are several tracts of land available throughout the City, could not acquire any land with the Park Dedication Ordinance, at some point the subcommittee would entertain the idea of going out for a bond election for acquisition of parkland, same with Scenario Three with development of Lake Windermere (aka Lake Friendswood), there was some discussion about using funds from the above 90 day reserve towards development at Lake Windermere with Council's approval, completion of funding would have to come from bond election, Scenario Four is development of ball field, very expensive could not be done without a bond election, Scenario Five involves Baker Road detention pond getting utilities and lighting, nightmare with current conditions, additional lighting at Centennial Park is expensive, if lighting was put at Baker Road would be a large fee since poles would have to be put in for lighting, Jr. High tennis courts and football field improvement, pool improvements, lighting at Renwick Park, and improvements at Stevenson Park. Councilmember Scott stated Scenario Two through Scenario Five would not get done without a bond election, one concern of the subcommittee was the City has existing land not being used, if City acquires a piece of land will just be maintaining it and can add to the acreage the City already has that just gets mowed and not used for parks. The subcommittee wanted to focus on what could be done to add value to citizens with existing funds without increasing taxes and not a lot of additional operating and maintenance cost. Councilmember Scott stated Councilmember Brown brought up legal concerns but the subcommittee had exhausted those questions with the City Attorney and feels okay with proceeding with Scenario One. Councilmember Rockey stated the subcommittee also ' discussed Lake Windermere (aka Lake Friendswood) and possibly using the above 90 day funds to help get the project going, Lake Windermere would become a usable park. Mayor Holland stated the subcommittee had been thorough and is impressed with detail, thought it was interesting that total was $280,000 on Scenario One. Mayor Holland asked what an inflatable water feature is, and Councilmember Rockey stated the City pool is boring, feature turns motor on and blows up, is a fun feature and attracts more people. Councilmember Brown stated in regards to Scenario Three, Council has done a ton of work on a grant request and the proposed amounts for Lake Windermere (aka Lake Friendswood) is significantly higher than what was requested in the grant. Councilmember Brown asked is the cost a cash outlay or mix of other resources, and Mayor Holland stated he believes the grant portion only applies to material only. City Manager Roger Roecker stated he would believe these funds are not grant associated funds, does not recall the floating pier in the grant calculation so that is $200,000, utilities would be coming from the Water and Sewer Fund, fencing and gates were included in grant calculations, lighting was not included, restroom and pavilion was included, and roadway and parking is a ball park figure. Councilmember Scott stated Staff did due diligence on the cost of these items currently, thought process was if can get approval from Council to use funding from the above 90 day reserve coupled with the Park Dedication Ordinance would be able to get all but $200,000 of Scenario Three completed, by getting solar lighting, restrooms, pavilion, roadways, parking and fencing, utilities, a gate, making the park a dawn to dusk park would get the lake open, thought if could get approval for additional funds above the 90 day reserve coupled with funds left in the Park Dedication Ordinance the City would get the largest majority of Scenario Three completed, would meet a lot of the concerns from homeowners about dust in their backyards and from a patrolling standpoint. The gate would open at dawn and close at dusk, lighting would be solar, restrooms, Scouts could do trash cans so there would be trash collection, hoping to get Council approval to get the ball rolling, at that point if it is the will of the City to make larger and grander improvements can do that with a bond election, since Centennial Park there has not been any additional parkland improved upon and given back to the citizens, every year get further and further behind on recommendations, thought these projects met what ' Council has heard regarding green space and increased parkland concerns from citizens. i 08/06/12 3978 Councilmember Brown stated agrees with prioritizing Scenario One and Scenario Three, concern with Park Dedication Fund is still there, also concerned with land already owned, concerned with property in bankruptcy not being pursued, Council was not advised of the lift stay on the property, has concerns with how that information came to Council, has discussed for parks and capital improvements. Councilmember Scott stated priorities were to develop a plan to use with zero funding available fog improvements, if Council wants to discuss acquisition of land should go into Executive Session: Councilmember Brown asked if she could pass out information that Council was not provided by Staff. **Councilmember Scott moved to go into Executive Session to discuss the acquisition of land. Councilmember Rockey seconded. The motion was approved 6-1 with Councilmember Brown opposed. Councilmember Brown stated she would like to pass out information to Council and has a Point of Order regarding Executive Sessions and further stated under the City Charter are not allowed because all parties have to be allowed to have access to meetings, has asked for a finding from authorities to see if Executive Sessions are allowed under City Charter and has not received a response, since has raised a concern and technically there are criminal penalties. Mayor Holland asked if Council needed to go into Executive Session since Councilmember Brown was not going to attend, and Councilmember Brown stated that she was not going to attend. Councilmember Scott stated it would be beneficial to all of Council to convene into Executive Session to discuss the acquisition of parkland, if one chooses not to attend the Executive Session then they will not be informed about land acquisitions that will be discussed in the meeting. ; Councilmember Brown stated as a Point of Order it is not a choice it is a Charter issue as to whether the Charter allows for Executive Session or not, and the ruling from the authority stating it is allowed has not been received. ' Mayor Holland stated his ruling on the Point of Order is to convene into Executive Session to discuss the acquisition of parkland. Councilmember Brown stated she would like a vote of all Council. Councilmember Enochs stated regarding the Point of Order this has been deferred to the City Attorney before, and the previous statement from the City Attorney was the City Charter does allow to convene into Executive Session. City Attorney Arnold Polanco stated he agreed that Council has the right to adjourn to Executive Session to discuss the potential acquisition of real estate, if motion is approved the record will need to reflect going into Executive Session under Section 551.072 of the Government Code. **Councilmember Brown made a motion•to record the Executive Session. The motion failed due to lack of a second. Mayor Holland asked if the Executive Session could be recorded, and City Attorney Arnold Polanco explained that the law requires that either a certified agenda or a recording be done. Councilmember Brown stated the City Charter requires minutes of all meeting, not just certified agendas. **Councilmember Brown made a motion to retain minutes of the Executive Session as required by Charter. The motion failed due to lack of a second. 1 O8/06/12 3979 CLOSED EXECUTIVE SESSION Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.072 to Deliberation regarding real property. (potential acquisition of real estate) Council reconvened into Open Session with no action taken later in the meeting. RECONVENE INTO OPEN SESSION Councilmember Scott stated regarding the two scenarios from the Parks Subcommittee report, he will mention later in the agenda concerning Scenario One and Scenario Three. Council moved to Agenda Item 7, Communications from the Public. COMMUNICATIONS FROM THE PUBLIC Nicholas Linton, Friendswood resident, addressed Council and stated he was diagnosed with Stage 4 Melanoma and wanted to notify of a fundraiser for him this Saturday at Diamond B Ranch in Alvin from 11 AM to 8 PM, and can make donations at Wells Fargo Bank in his name. Jill Horn, Friendswood resident, addressed Council and stated Imperial Estates is a bird sanctuary and birds are coming back. The Frisbee Golf people came, left a mess and birds are leaving because of it, is speaking for all the neighbors, is adamantly opposed to what the City wants to do. Ruth Pifer, Friendswood resident, addressed Council and stated she is speaking on the repeal of the International Property Maintenance Code (IPMC), please repeal with second reading, has been reading and detailed her concerns, is a government overreach. ' Adam Olivier, Friendswood resident, addressed Council and stated he lives in Friendswood Oaks, are several parts of International Property Maintenance Code (IPMC) that could look overreaching but there are several sections that are safeguards against the government, protects historical buildings, Council could make their own budget on it, if anyone is accused wrongfully there is an appeal process, IPMC is a good code. Council moved back to Agenda Item 6B, Special Recognition and acknowledgements presentation of the Five Star Spirit Award for the second quarter of 2012 to Henry"BJ" Holesovsky, Police Department. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS 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. City Manager Roger Roecker stated he grew up in Glen Flora, TX, in the Wharton area and discovered several years ago that an employee's family lived there and passed by this family's house often on the way to his family's house. That employee is B.J. Holesovsky, the recipient of the Five Star Spirit Award for the second quarter of 2012. B.J. is a Peace Officer assigned to Patrol with our Police Department. He began working for the City in July of 2003. B.J. was nominated by a co-worker who had received a compliment from a citizen stating the resident, Mr. Kidwell, called the Chiefs office to provide a compliment for Officer Holesovsky. He stated that his car broke down and Officer Holesovsky pulled over to check on him. Officer Holesovsky not only helped him get the car off the roadway, he drove him to his residence and went back to the car to retrieve and transport Mr. Kidwell's cell phone that he had inadvertently left inside his broken down car. Mr. Kidwell felt that Officer Holesovsky went out of his way to help and is very appreciative of the kind treatment that he received from him. The City appreciates the service that B.J. has provided this ' community and congratulates him on being the recipient of the Five Star Spirit Award for the second quarter of 2012. 08/06/12 3g80 With concurrence of Council, Mayor Holland moved to Agenda Item 14, Discussion and possible action regarding concurrence with the Mayor's appointments/reappointments to fill a vacancy on Keep Friendswood Beautiful and to the Boards, Committees and Commissions for Group A: Planning and Zoning Commission and Library Board. ACTION ITEMS **Councilmember Rockey moved to approve the appointment of Chris Brown to fill appoint an unexpired term on the Planning and Zoning Commission with a term to expire July 2014, Arthur Triplette, Jr., to the Planning and Zoning Commission with a term to expire July 2015, and reappoint Jim Nye to the Planning and Zoning Commission with a term to expire July 2015. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Enochs moved to approve the reappointment of Sherry German to the Library Board with a term to expire July 2015. Seconded by Mayor Holland. The motion was approved unanimously. **Councilmember Enochs moved to table the appointment to fill a vacancy for Keep Friendswood Beautiful until September. Seconded by Councilmember Brown. The motion to table was approved unanimously. With concurrence of Council, Mayor Holland moved to Agenda Item 8, City Manager's Report. CITY MANAGER'S REPORT City Manager Roger Roecker reported the Texas Department of Transportation (TxDOT) was set to ' undertake a project this summer to overlay FM 518 between E. Castlewood and FM 2351. The project was postponed from a June start date at the City's request to avoid an impact on the City's Fourth of July festivities. Staff was informed recently that TxDOT has run into additional delays in reviewing and approving an asphalt mix design for the repaving effort. Their contractor, Forde Construction, has run into complications proposing a mix design to the liking of both TxDOT's local office, as well as their Austin office. At this time, Staff anticipates construction activity will commence by mid-August. The City Manager reported the 117th Annual Fourth of July Celebration took place Wednesday, July 4, and once again, it was a great success. Thousands came out to celebrate our nation's Independence Day. The Grand Parade started down Main Street ending at Stevenson Park, and the daytime festivities at Stevenson Park were well attended. New this year during the Day Program at Stevenson Park was the addition of interactive play equipment such as a rock wall, bungee trampoline, waterslides and a dunk tank. These activities provided extra fun for the entire family. The evening program at Centennial Park featured the band The Big Time, and the evening was capped off with a spectacular fireworks display. There are many unsung heroes that make the Fourth of July celebration so successful. The community has high expectations every year, and there are many volunteers and Staff who work on this event to make sure no one is disappointed. The City would like to thank the Fourth of July Steering Committee members, local sponsors, the many parade participants, City employees, and the many volunteers who give up their holiday to help make this annual event the best Fourth of July celebration in the State of Texas. The City Manager reported the Friendswood Police Officers Association (FPOA) has made a $3,000 donation toward the Friendswood Police Department's canine program to offset costs of training, gear/supplies and a ballistic vest for the new dog. This donation was important because it shows the officers' commitment to the program, highlighting the department's need for a specialized dog as a tool to combat the growing drug problem. The animal is used to assist police officers when they search buildings, open areas, packages, and locate criminal suspects. But, more importantly, the trained dog's alert in itself may be considered enough probable cause to obtain search warrants for narcotics. 08/06/12 3981 FPOA hopes this donation shows that they support the City's use of$7,000 of the seized narcotics funds for the purchase of the dog itself. The association's donation will help with the initial outfitting of the new dog and handler. The City appreciates this important donation to the City's Police Department canine program. The City Manager reported Texas-New Mexico Power Company (TNMP) has notified the City they plan to rebuild the main electrical transmission line from their Friendswood substation to the Hastings substation. They are currently in the engineering and design phase of this project, and they anticipate construction beginning in early January 2013 with a planned completion at the end of April 2013. The construction will encompass replacing their existing standard "h-frame" wood pole design with a single steel pole design. This new pole is designed to withstand current National Electric Safety Code (NESC) Extreme Wind weather cases. The removal of the existing poles and the installation of the new poles will require heavier machinery than normal and they will be placing the new poles in a poured, in-place concrete base. They will also coordinate with surrounding private developers for access to and through their easements, in an effort to minimize as much as possible, the need to gain access through existing subdivisions. TNMP has advised that no one will be without electricity during this project, as the Friendswood substation, which serves the Galveston County portion of the City, will be receiving power through their looped system through League City. Staff will continue to meet with TNMP to provide regular updates on their progress. ACTION ITEMS **Councilmember Brown moved to remove from the table any items resulting from the Parks Workshop held on June 4, 2012, and/or identified in the City of Friendswood Parks and Open Space Master Plan, including 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, general obligation 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 Windermere (See, pgs. F-2, F-7,G-1-4 of Parks and Open Space Master Plan); 3. Purchase of land to be acquired for potential 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 including 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 and Open Space Master Plan) (Previously tabled June 4, 2012) Seconded by Councilmember McGinnis. The motion to remove from the table failed 2-5 with Mayor Holland and Councilmembers Rockey, Enochs, Hill, and Scott opposed. A brief discussion was held between Mayor, Council, City Manager and City Attorney regarding whether Council is required to remove items from the table with the City Attorney answering in the affirmative, may be first time these rules will be employed, reminder that Council's Rules of Procedure require that tabled items be brought back by the third meeting after they were originally tabled, asked to be brought back at the August meeting, the Council's Rules of Procedure require that the item be brought back at the third meeting and this is the third meeting. 08/06/12 - --"Councilmember Brown moved to remove from the table scheduling a forum on Homeowners Association related issues including but not limited to: 1) enforcement of deed restrictions with ark emphasis on non-litigation strategies; and 2) suggestions, concerns or opinions regarding a citywide property maintenance ordinance. (Previously tabled June 04, 2012) Seconded by Councilmember McGinnis. The motion to remove from the table failed 2-5 with Mayo Holland and Councilmembers Rockey, Enochs, Hill, and Scott opposed. Councilmember Brown asked for a Point of Information regarding discussion, and City Attorney Arnold Polanco stated there is no discussion on tabling or removing items from the table. ""No motion was made in regards to approving a license agreement with Wedgewood Village Homeowners Association for the installation of a reader board on Blackhawk Boulevard. (Previously tabled July 02, 2012) City Manager Roger Rocker stated this was an error at the last meeting due to incorrect wording. "Councilmember Hill moved to approve a license agreement with Wedgewood Village Homeowners Association for the installation of an irrigation meter on Blackhawk Boulevard. Seconded by Councilmember Scott. The motion was approved unanimously. "Councilmember Scott moved to approve that the Parks Dedication Ordinance money be utilized for the funding of the projects identified in Scenario One by the Parks and Recreation Board at the July 18h meeting. Seconded by Councilmember Rockey. Discussion was held by Mayor, Council, Staff and City Attorney regarding authorizing the allocation of funds from the Park Dedication Fund and the General Fund Reserves for improvements to City property. A lengthy discussion was held regarding legal advice received from the City Attorney during executive session, whether the City Attorney believes the city can use Parkland Dedication funds outside the Parks zone and the City Attorney's response. Assistant City Manager Morad Kabiri stated received consultation from City Attorney during executive session that the City is allowed to use Park Dedication funds outside the park zone, the other question with respect to Imperial Estates, checked deed restrictions.... Councilmember Brown interrupted and stated she had a Point of Order about the statement Assistant City Manager Morad Kabiri made about what was allowed to be discussed in Executive Session, was only supposed to be discussion of purchase of property. Councilmember Scott explained what was discussed in executive session was the use of these funds to acquire these lands in or around the specific zoning so it did pertain and the opinion of the City Attorney is it can be utilized for the acquisition of parkland if desired. Mr. Kabiri said if Councilmember Brown has legal questions she should check legalities to the City Attorney. Further discussion continued between Councilmember Brown and Staff regarding access to City Attorney correspondence and advice from the City Attorney and Council's rights of access. Councilmember Scott stated on the motion he made for Scenario#1, motion is to garner permission from Council for the Parks and Recreation Board to move forward with those funds to develop those items identified in Scenario#1, not to exceed $280,000. Mayor said is a clarification of motion and there is already a second to that motion. I 08/06/12 3983 Further discussion ensued between Mayor, Council and Staff regarding Imperial Estates deed restrictions expiration in 1983, Park Dedication funds use clarification, money that is there is allocated for that zone, if exhausted for that zone can use other places in Friendswood, moving forward under the right regulation, clarification from City Attorney who read from the Parks Dedication ordinance, have needs identified in Parks Plan been met, if funds not used in 4 years then there is a window of opportunity within which the developer can request return of those funds, once window closes they do not technically go away, Mayor Holland said could allocate all but the $55,000. Does Councilmember Scott want to amend his motion. Councilmember Scott said yes, and Councilmember Rockey agreed to the second. ***Councilmember Scott amended his main motion to allocate all the funds but the $56,000 in Park Zone 6. Councilmember Rockey seconded. Further lengthy discussion was held regarding use of Park Dedication Funds for development of park space in the community, received opinion that could use on parkland, can Parks Dedication Fund only be used in those zones, what distinguishes exhausted funds, developer of Windsor Estates has not asked for money back after expiration, can funds can be utilized elsewhere, can be used citywide for lack of parks in that zone, confusion on distinction between community park and neighborhood park, are unmet needs because of Parks Master Plan where needs were identified, insure proper procedure is followed, have substantial reserves to cover the amount, none of the proposed projects are in those zones, can take money out of general reserves, is a nominal amount, and motion was to begin project development with funding provided. ****Councilmember Scott amended the amended motion to approve Parks and Recreation Board along with Community Services to utilize $200,000 of the Parks Dedication Ordinance and not to exceed $40,000 out of the General Fund above the ninety day reserves for the project implementations identified ' in Scenario One. Seconded by Councilmember Rockey. Further discussion ensued between Council and Staff regarding concern with accuracy of numbers, doubts can spend all this money before amending Parks Dedication Ordinance, may can speedily amend Parks Dedication Ordinance but would still have to do same exercise as today, will end up where have been for the last 15 years, why take money from developers if cannot use, and get nothing done for parks, and Staffs opinion that these funds have been exhausted and can use. Councilmember Enochs stated discussion is getting way outside the intent of the subcommittee and may need to defer until get a ruling on what the City can do with the money. *****Councilmember Scott amended the amended, amended main motion to utilize $140,000 in the Parks Dedication Ordinance Community Fund along with $110,000 in the above 90 day Reserve General Fund for implementation of the projects identified in Scenario One. Seconded by Councilmember Rockey. The motion was approved unanimously. More discussion was held about requesting a legal opinion that tells that the Parks Plan does not necessarily indicate that needs have not been met because the plan was adopted by Council, discussed going into executive session, but decided more research was needed, not prepared to do it now. Councilmember Rockey called the question. **Councilmember Scott moved to approve that$300,000 above the 90 day reserve to be utilized to begin implementation outlined in Scenario Three, and that the funds identified in the Park Dedication Ordinance, if shown to be utilized throughout the City for parkland, can also be coupled with the$300,000 for implementation of Scenario Three. Seconded by Councilmember Brown. 08/06/12 3984 Councilmember Hill made a point of order, is not posted on the agenda to take money out of or add to the General Fund. Councilmember Scott disagreed and showed where it was posted. Discussion was held regarding what was requested, if cannot use out of fund then cannot do anything at Lake Windermere, concern with what will be left in the 90-day reserve, is a gray area where money is concerned, not ready to take another bite on this item, has gone above and beyond, has morphed into a giant cut out of reserves, needs to rethink and do research, need to redo Parks Dedication ordinance respects work committee did but has morphed into something else, confusion about Parks fund, should hold on second item and then have full body discussion, since effective tax rate was the majority, consensus after Council workshop, nobody should be caught off guard, no one should have been blindsided, not asking for any more funding than discussed at workshop, is the same value. Councilmember Scott stated he would like to retract his motion. Councilmember Brown stated she had questions before withdrawing her second, was using the assumption that Parks Dedication Fund was going to be used, was discussed at the Council Retreat. Councilmember Brown withdrew her second to the motion. With concurrence of Council, Mayor Holland moved to Agenda Item 15, Discussion and possible action regarding concurrence with the Mayor's appointment/reappointment to the West Ranch Management District Board. **Mayor Holland moved to approve the reappointment of Donna Broom to the West Ranch Management District Board with a term to expire June 2015. ' **No motion was made on the appointment to fill a vacancy of an unexpired term on the West Ranch Management District Board with a term to expire July 2013. **No motion was made in regards to forming an Ad-Hoc Committee to research Sales Tax uses and possibilities. **Councilmember Brown moved that she be allowed to be copied on all correspondence from City Attorney to Staff. Seconded by Councilmember Rockey. Lengthy discussion was held between Mayor, Council, City Manager and City Attorney regardin Councilmember Brown's request to be copied on all City Attorney correspondence. Discussion was held regarding if Council had some of the correspondence before tonight's meeting could have asked questions before the meeting, inherent right to have, do not have same-time access, believes some documents were not delivered to Council timely, and gave an example of a perceived edited document. Further discussion was held regarding Staff receiving direction from all Council and not just one member, concerns with walking quorum, process already in place, not comfortable with doing, overly burdensome for the City, should receive correspondence when item is wrapped up, having every e-mail is not necessary for clarification, restricting to free exchange of ideas, no time to review all e-mails, reaffirm trust, and does not want to interfere with open, honest communication with the City Attorney and Staff. Councilmember Scott briefly left and returned to Council Chambers during the discussion. Councilmember Hill stated he would like to call the question. City Attorney Arnold Polanco stated he needs clarification, need to understand policy for all of Council, if motion fails, is not clear. ***Councilmember Brown withdrew her motion. Councilmember Rockey withdrew his second to the motion. 08/06/12 3985 City Attorney Arnold Polanco stated is not clear on policy. City Manager Roger Roecker explained that guidance is needed on what majority of Council wants. Mr. Polanco stated another motion may need to be made. **Councilmember Brown moved to provide Council, in the backup material for Council meetings, all correspondence with the City Attorney related to an agenda item. The motion failed due to lack of a second. Discussion was held by Mayor, Council, City Attorney and City Manager regarding if all items in the email chain, or the final product, were desired and all related correspondence is requested, Council can ask for all legal correspondence between City Attorney and Staff on a related issue and Council should get it unless Council sets restrictions against itself with regard to the free flow of information, if. a Councilmember asks for all legal correspondence they are entitled to it and it has to be provided unless Council establishes a policy that states when correspondence will be given then Council, will get a finished product from the City Attorney, motion is a movement in that direction, clarified the motion that Councilmember Brown get a copy in agenda backup of any correspondence between City Attorney and Staff that is pertinent to legal issues associated with the agenda item. Councilmember Brown stated she wants what deals with the substantive nature of the item. Councilmember Rockey stated he would like to make a point of order, the motion was not seconded. Lengthy discussion was held regarding lack of direction for Staff or City Attorney, reminder of Council's self-imposed two hour rule of Staff not spending more than two hours per week per Councilmember, cannot abrogate Council's right to documents and right under the Public Information Act to review documents, two hours is getting spent then something needed pertaining to a more current item gets put in differently, time to put the documents together is being manufactured, can give access to records without requiring input, have to go back to trusting, inherent right to the documents, cannot put a time ' requirement on document request, should have direct access, going nowhere with this discussion. **Councilmember Scott moved to approve a request to voluntarily disconnect from the public water system located at 2104 Pine Drive. Seconded by Mayor Holland. The motion was approved 4-3 with Mayor Holland and Councilmembers Hill and Rockey opposed. Discussion was held by Mayor, Council and Assistant City Manager regarding whether the resident was having problems with the water the City was providing, is personal preference only, does want to stay on sewer system, and is contingent upon approval by Subsidence District, what percentage of subsurface water, depends under what precedent, cannot hold resident to a standard that has not been made yet, suggested turning water meter off, and why does the resident want to be disconnected. Roy Glanville, resident in question, stated in 2010, the Subsidence District changed their rules that if you have alternate water supplies available would not grant your well, is an exempt well, have no right to require permit but is required to register. Further discussion was held between Mayor, Council, City Attorney and Assistant City Manager regarding bringing a revised ordinance to the next Council meeting, is there a time factor, could wait another thirty days, suggested to let Council approve and then let resident disconnect, and have Staff come back in thirty days with a new ordinance that will apply to everyone except resident, can condition approval that the disincentive fee does not apply to the City, and that the Subsidence District understands drilling will impact the City's subsurface water percentage, is it a physical disconnection, new homeowner would have to pay new impact fees, if homeowner can wait would be cleaner to wait thirty days, City Attorney supports Staffs recommendation to not approve, what will Council change the ordinance to, could name at least four people that will drill water wells to water large acreage, subsidence is real, knows resident is trying to prove a point but can set back progress made in decreasing subsidence, suggested if resident wants to disconnect then pull his meter. 08/06/12 3986 ***Councilmember Brown moved to table the request to voluntarily disconnect from the public water system located at 2104 Pine Drive. Seconded by Councilmember Rockey. The motion to table failed 3-4 with Mayor Holland and Councilmembers Scott, McGinnis, and Hill opposed. RESOLUTIONS **Councilmember Hill moved to approve Resolution No. R2012-18 - A resolution of the City of Friendswood authorizing and approving membership in the Gulf Coast Coalition of Cities ("GCCC-)for the purpose of protecting the interest of the City and its citizens with respect to electric and gas utility matters; 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 counsel. Seconded by Councilmember McGinnis. The motion was approved unanimously. **Councilmember Hill moved to approve Resolution No. R2012-19 -A resolution of the City Council of the City of Friendswood, Texas, amending Rules of Procedure for the conduct of City Council meetings b'y amending Rule 7 in order to permit submission of additional agenda backup documents by the Mayor or Councilmembers subsequent to the current deadline for submission of agenda items; and repealing all other resolutions inconsistent or in conflict herewith. Seconded by Councilmember Scott. i Councilmember Hill withdrew his motion. Councilmember Scott withdrew his second. ***Councilmember Brown moved to approve Resolution No. R2012-19 -A resolution of the City Council of the City of Friendswood, Texas, amending Rules of Procedure for the conduct of City Council meetings ' by amending Rule 7 in order to permit submission of additional agenda backup documents by the May; or Councilmembers subsequent to the current deadline for submission of agenda items; and repealing all other resolutions inconsistent or in conflict herewith, with an amendment to include the actual language of the rule in the third whereas paragraph. Seconded by Councilmember McGinnis. Councilmember Brown stated she stands corrected Rule 7 does have the language stated in the third whereas. The City Attomey advised may want to include something in the rule about whether it is information subject to attorney/client privilege documents or sensitive personnel information may not want to mandate it be disclosed. ***Councilmember Brown amended the motion to exclude all attorney/client privileged documents or any other documents deemed by the City Attorney to be of a sensitive nature or any materials excepted under the Public Information Act. Seconded by Councilmember McGinnis. The amended motion was approved 6-1 with Councilmember Hill opposed. **Mayor Holland moved to approve Resolution No. R2012-20 -A resolution of the City Council of the City of Friendswood, Texas, revising and adopting the Council-Committee relationship and Council liaison role for the City. Seconded by Councilmember Rockey. Councilmember Brown stated one of the items should say as soon as possible that alternate be notified,if primary liaison cannot attend a meeting and not just 24 hours. I 08/06/12 3987 "'Mayor Holland moved to amend Resolution No. R2012-20 to state that the alternate liaison be notified as soon as possible and not just 24 hours prior if the liaison cannot attend. Seconded by Councilmember Rockey. The amended motion was approved unanimously. ORDINANCES "Councilmember McGinnis moved to remove from the table Ordinance No. T2012-17 - An ordinance amending Section 6-6 of the Code of Ordinances of the City of Friendswood, Texas, to provide for consistency between City regulations and state law pertaining to distance restrictions for the location of alcoholic beverage sales; and providing for severability. (Previously tabled July 02, 2012) Seconded by Councilmember Brown. The motion was to remove from the table approved unanimously. "Councilmember Brown moved to approve the First reading of Ordinance No. T2012-17 -An ordinance amending Section 6-6 of the Code of Ordinances of the City of Friendswood, Texas, to provide for consistency between City regulations and state law pertaining to distance restrictions for the location of alcoholic beverage sales; and providing for severability. (Previously tabled July 02, 2012) Seconded by Councilmember Rockey. The motion was approved 6-1 with Councilmember Hill opposed. "Councilmember Brown moved to remove from table Ordinance No. T2012-18 -An ordinance repealing Section 6-6 of the Code of Ordinances of the City of Friendswood, Texas pertaining to distance restrictions for the location of alcoholic beverage sales; and providing for severability. (Previously tabled 7-2-12) Seconded by Councilmember McGinnis. The motion to remove from the table was approved 6-1 with Councilmember Brown opposed. Councilmember Brown made a point of order. "Councilmember Brown moved to deny the First reading of Ordinance No. T2012-18 - An ordinance , repealing Section 6-6 of the Code of Ordinances of the City of Friendswood, Texas pertaining to distance restrictions for the location of alcoholic beverage sales; and providing for severability. (Previously tabled 7-2-12) Seconded by Councilmember Rockey. The motion to deny was approved unanimously. "*Councilmember McGinnis moved to approve the Second and Final reading of Ordinance No. 2012-20 - An ordinance repealing Section 14-421 of the Code of Ordinances of the City of Friendswood, Texas adopting the International Property Maintenance Code; and providing for severability. Seconded by Councilmember Scott. The motion was approved 5-2 with Councilmembers Brown and Rockey opposed. "*Councilmember Scott moved to approve the First and Final reading of Ordinance No. 2012-21 - 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 X" to the "Original General Budget of the City of Friendswood, Texas, for the Fiscal Year 2011-2012"; providing for supplemental; appropriation and/or transfer of certain funds; providing for severability; and providing other matters related to the subject. Seconded by Councilmember McGinnis. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Rockey reported on the Historical Society's project of getting seven historical signs posted around the City at facilities that were in the City before 1920. The Historical Society has raised $17,000 and gotten approval from property owners. Councilmember Enochs reported that he spoke to the.Library Board and discussed a possible bond election and the decision made was to do after the November 2012, election, and with a discussion that was had with City Secretary Melinda Welsh, the Board recommends to do at the May 2013 election. 08/06/12 3988 Councilmember McGinnis stated he attended his first Community and Economic Development Committee meeting, committee is very strong, committee stated the City's Comprehensive Plan may be out of date interested in a mechanism for the various committees to come together, many Councilmembers were pleased to attend Councilmember Enochs' promotion ceremony to Major, thanked Councilmember Enochs for his service. Councilmember Scott stated with respect to Parks and Recreation Board members such as Penny Burke, congratulations and now have money to connect two parks, is excited and knows they are, met with a high school student Ben Beck who was interested in a tour of City Hall and to get a feel for City, government and how things work, is a wonderful young man. Councilmember Brown thanked the Fourth of July Steering committee, suggested a contest for private viewing on balcony in City Hall, thanked the Historical Society for the historical markers, also thanked the Parks Subcommittee for the work that has been done, and the Purple Box theater has shows on the weekends. Mayor Holland thanked the City for sending he and Councilmember Rockey to Texas Municipal League Orientation to be educated, are very blessed with respect to tax rate, infrastructure, safety, working together, heard horror stories from other cities, have it pretty good here, thanked the citizens, volunteers, and Staff, further thanked the Fourth of July Steering committee, does not know about any private viewing party, himself and some others had come into City Hall to cool off. i CONSENT AGENDA "Councilmember McGinnis moved to approve all items on the Consent Agenda as presented: A Authorizing Council to invoke Rule 1(A) of the Rules of Procedure to schedule the September City Council meeting for September 10, 2012, due to the Labor Day holiday on Monday, September 3, 2012. B. Authorize acceptance of public paving and utility improvements at West Ranch, West Lake Section 2, for the contractor's one-year maintenance period. C. Authorize the acceptance of natural gas emergency generators for Lift Stations Group A, for the contractor's one-year maintenance period. D. Authorize the acceptance of natural gas emergency generators for Lift Stations Group B, for the contractor's one-yeah maintenance period. E. Authorize an amendment to the City's Interlocal agreement for health insurance to add the City of West University Place to the FWD Interlocal. F. Accept June 2012 Property Tax Repo G. Approve Minutes of the May 21, June 4 and June 30, 2012, Council Meetings. Seconded by Councilmember Rockey. The motion was approved 6-1 with Councilmember Brown opposed. The meeting was adjourned at 9:45 PM. Mayor Kevin Holland Attest: v �{� FFt1ENps'•.. Melinda Welsh, TRMC City Secretary • '