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HomeMy WebLinkAboutCC Minutes 2012-07-02 Regular 07/02/2012 3958 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( JULY 02, 2012 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JULY 02, 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 STEVE WEATHERED CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH REGULAR SESSION Mayor Holland called the meeting to order. ' The invocation was given by Pastor Jason Seifert, Friendswood Community Church. Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Fred Krch, Friendswood resident, addressed Council and stated his dissatisfaction with the broadcast of the City Council meetings, spoke regarding Friendswood Lake citations, security, and roads. Friendswood Police Chief, Bob Wieners stated there have been no citations issued for Friendswood Lake but criminal trespass warnings have been issued because of the signage that prohibits anyone's presence at the lake. The only arrests that have been made were for possession of marijuana and the other four were for outstanding warrants, eleven citations issued for status violations such as Minor in Possession of Alcohol or Curfew Violation. WORK SESSION Mayor Holland opened the discussion regarding the City's Fiscal Year 2012-2013 Budget. Administrative Services Director Cindy Edge presented a PowerPoint presentation that highlighted items discussed during Council's retreat including the Multi-Year Financial Plan. Staff received guidance from Council to develop the budget based on the effective tax rate, discussed service level project, proposed budget outlook, and program and budget driver impact. Ms. Edge gave Council the Departmental Decision Packages, explained Forces at Work (FAW), Decision Packages, and the differences. Councilmember McGinnis stated he is shocked with the $50,000 maintenance cost for generators. .City Manager Roger Roecker stated the amount is an estimate. Councilmember Brown stated she would suggest reaching out to law firms to support Teen Court instead of hiring a full time employee. Ms. Edge stated one of the keys ' to success is finding community service for youth, will analyze internally, Court Staff to see about taking all the responsibility in house, and will also check into Councilmember Brown's suggestion. Councilmember Rockey asked questions concerning one time and ongoing budget cost. 07/02/2012 3959 Ms. Edge stated are basing proposed budget on current service levels, and is not looking at phasing out or cancelling any programs. She further stated that when you first get into detail you see an Information ' Technology Technician, which was part of the discussion of the Strategic Plan to create a Technology Oversight Team (TOT). Councilmember McGinnis asked if items are listed in order of ranking as Staff ranked, and Ms. Edge answered yes. Ms. Edge stated Friendswood Volunteer Fire Department's (FVFD) items are in the Fire Department's order. Councilmember Enochs asked about the FVFD contract and if these requested items were in the contract, and City Manager Roger Roecker answered that it is over and above. Mr. Roecker stated Staff would be looking at the Texas Municipal Retirement System (TMRS) Cost of Living Adjustment (COLA) item further, is not an absolute finished product. Mayor Holland asked for description of the TMRS COLA and the City Manager explained. Councilmember Hill asked if this includes current or already retired employees and Mr. Roecker stated includes both. Councilmember Enochs asked about police officer addition, and Friendswood Police Chief Bob Wieners responded that this is a reflection of increased population. Councilmember Enochs asked about a modular building for FVFD and was it on the list last year, and Mr. Roecker answered yes and further stated that FVFD requested last year to build a building behind Station 1, and the response last year was that there was not enough funds. Councilmember McGinnis asked if FVFD's items were of lower priority to Staff since they are at the bottom of the ranking. Councilmember Rockey asked about the process of how Staff ranked items, the City Manager explained and stated there are a lot of needs from FVFD, they are a contractor and the City is the contract administrator, have the ability to look in the eye and have them explain, deals with this dynamic every year, and values their assistance. Councilmember Enochs asked about terms of the contract, and Mr. Roecker stated it is a twenty year contract. Councilmember Enochs asked about the street maintenance item, and the City Manager stated this came from figures already had and Staff came to $500,000. Mayor Holland asked if the FAW plus that equal street maintenance, and the City Manager stated the FAW down to the street items equal the available funding that Staff projected. Councilmember Brown stated with respect to FVFD it might be helpful to have a copy of the 10 year financial plan provided to new Councilmembers that was approved by a previous Council, not sure if some of these items are part of the 10 year plan. Mr. Roecker stated these FVFD ' items are part of the 10 year plan, also have a 15 year vehicle policy that the City works from, funds primarily being donated by the donation fund in water bills. Councilmember Enochs stated $6 donation goes straight through to FVFD. The City Manager stated that forty-one percent of people donate to this fund. Ms. Edge stated historically the peak was forty-five percent but over the last couple of years has gone down citywide. Mr. Roecker stated Staff met with FVFD leadership last week and talked about concerns long term and supporting the 15 year vehicle replacement plan, offered to help advertise the donation option. Councilmember Brown stated can get that money back with better Insurance Service Office (ISO) ratings which means a decrease in property insurance cost. The City Manager stated the City of Friendswood is one of the few cities where citizens can a have free ambulance ride to the hospital. Councilmember McGinnis asked if Council will have budget meetings before budget is done, and Mr. Roecker stated Staff are trying to give the budget now and can schedule a budget meeting if Council decides one is needed. Councilmember Brown stated she is opposed to the Effective Tax Rate (ETR) because it will be more revenue. Ms. Edge stated the revenue gain is from the value of the new improvements, explained Truth in Taxation and ETR from the PowerPoint presentation and explained what they mean. The City Manager stated some property values in Harris County were reduced and in Galveston County some were increased so some may pay a bit more and others not, no means to create a separate tax rate for each individual property owner depending on the value. The ETR looks at same property and will generate the same revenue. Councilmember Rockey asked for clarification on ETR. Mr. Roecker stated is one City tax rate, so it may depend on home's value, legislature made it where you have to work with each appraisal district for each county instead of using one. Councilmember Brown stated property values are going up and revenues will go up, if values stay the same someone's taxes will increase, projected some services to a higher level of population, wanted to clarify that a larger portion of Harris County's taxes are paid to the City, Wedgewood was doing better but her neighborhood had gone down. Mayor Holland opened the discussion regarding potential changes to the City's oil and gas regulations. ' Assistant City Manager Morad Kabiri stated approximately a year ago the City was approached by an oil and gas company for seismic testing in the City of Friendswood. i 07/02/2012 3960 Council denied the request and potential impacts to foundations and roadways were a factor. Council asked Staff to reevaluate the oil and gas codes to see if a change was needed. The City hired an attorney to review the codes and work with Staff on drafting a new ordinance. Major changes are needed, additional definitions to clarify the code, update the permitting/appeal process, clarifications on what constitutes a regulatory taking, and expand requirements for buffering and mitigations requirements. Staff has developed a new draft ordinance, and provided Council with the new draft version with the changes marked. Staff asked Council for the draft to be reviewed by the City Attorney for potential conflict with other codes the City has already adopted, an evaluation of the City's oil and gas fees, and if Council is interested in Staff bringing the code back to Council for adoption. Councilmember McGinnis) asked if an inspector would be a new employee or would it be an additional job duty to an existing)' employee, and Mr. Kabiri stated the duties would be added to the Fire Marshall's Office, and explained) further. Councilmember McGinnis stated when a rig has reached the end of its life there should be a! section that specifies that the site would be brought back to its original condition. Mr. Kabiri stated can; add this section but would have to defer to the company about when they would decommission their well. Councilmember Rockey stated the rig is always there and gets cemented in, will contaminate if dug up,I asked does the new policy generate new cost to the City, and Mr. Kabiri stated no. Councilmember Rockey stated that a half million dollar bond sounds like a small amount for the industry, and Mr. Kabiri) stated the bond amount was consistent with neighboring communities, agreed to have the City's expert look at the bond amount again. Councilmember Rockey asked about water treatment to well site, and Mr.l Kabiri stated an oil and gas company would not be allowed to reintroduce that water into the City's storm sewer system, will clarify in new ordinance. Councilmember Hill asked if the distance from well to a , residence would still be 500 feet, and Mr. Kabiri stated if well exists already a new residence can be 15d feet from well, if the residence exists first and a company is wanting to drill a new well next to the residence the new ordinance would require the distance be 600 feet between the two rather than'500 feet currently required. There is a 1,000 foot stipulation pertaining to new applications and if the new well will be within 1,000 feet from any structure it will be considered a high impact well and will have increased ' notification requirements. Councilmember Hill stated he would prefer on a new well for the distance to be 1,000 feet, feels that 600 feet is too close, has no problem with distance from preexisting wells, but new wells should be further. Councilmember Enochs asked regarding the variance request being approved by a majority of Council, a majority should always be four no matter how many are present, recommends to require a super majority vote due to the sensitivity of the issue. Councilmember Brown stated is an' interesting concept, but discussed changing ordinances that have been in place for twenty years at the last Council meeting and did not discuss requiring a super majority vote. Councilmember Brown asked if there was any correspondence with the attorneys related to the changes that were made on the ordinance that Council can review, and Mr. Kabiri stated he can provide email correspondence if Council would like. Councilmember Brown stated she would like to see correspondence with attorneys, in addition there was an issue regarding statute of limitations, and is not referenced at all in new ordinances Councilmember Brown asked if the statute of limitations was referenced in the attorney's correspondence, and Mr. Kabiri stated no. Councilmember Brown stated that was a question the Council had inquired of, asked if anyone else on Council was concerned. Councilmember McGinnis stated he did remember having the discussion. Mayor Holland opened the discussion regarding the proposed Facilities Use Ordinance. Planning Manager Nick Haby explained that this item was discussed in May, original reason for this item was the result of a resolution passed because of a grant, that stated the City could not use excessive force by law when residence or people are engaging in nonviolent civil rights activities, and cannot bar entrance or exit to a facility which got members of City Staff thinking there is not a law prohibiting people from being in City facilities after hours, issue is being brought off the table tonight, any questions could be directed to the Police Chief. Police Chief Bob Wieners stated did not need to declare that would not use excessive force, is against the law, not sure why verbiage was needed in the grant application, did notice there was not a policy for City facilities, has nothing to do with Boy Scouts, Girl Scouts or any other youth groups, only certain parameters that addresses the use of City facilities after hours, as an example if an event like Occupy happened in Friendswood there is not a policy in place to address the event. 07/02/2012 3961 Chief Wieners stated that Staff found it was a shortfall in policy, and if Council does not feel the need to pass an ordinance it will probably not be an issue anytime soon, is a small government kind of guy and does not like to have onerous laws regulating things, are hard to enforce. Councilmember Brown stated that Chief stated intent but at a May meeting discussed potential changes with feedback from City Attorney Arnold Polanco and discussion was that a redlined version would come back to Council, concern is overbroad with using the term general public, if Scouts, youth groups, or employee's children came after hours the ordinance would ban, needs to be tweaked before she would approve. Mayor Holland asked if there is a redline version the City Attorney is working on, and City Manager Roger Roecker stated no and asked City Attorney Steve Weathered as the current ordinance sits would it be problematic if a City employee brought their kids after hours or a Staff member and or Councilmember brought in a Scout troop after hours, and Mr. Weathered stated after a quick scan he does not see that it would be an issue with the current ordinance. Councilmember Brown stated are pitting City Attorneys against each other and is problematic, read a section of the ordinance to Mr. Weathered and he stated depends on determination of general public. Councilmember Rockey asked if Council is advising the City to do anything. The City Manager stated that Staff is looking for direction, would need a firm recommendation on those instances and whether general public should be specified but first Staff needs to know if Council is interested at all in the ordinance. Councilmember Scott stated he is not interested in the ordinance at all, does not think it is needed. Councilmember Rockey stated he has low energy on this. Councilmember Brown stated needs definition of General Public as a minimum. Councilmember McGinnis stated he agrees with Councilmember Brown, take ambiguity out and have a redline version for Council to vote on. Councilmember Hill asked does this have any effect on grants received in the past, and Mr. Haby stated no, not to his knowledge, may see another one in Round Two of Community Development Block Grant funding, but is different than ordinance brought to Council tonight. Councilmember Hill asked if the City Attorney could discuss removing restrictions in particular, and Mr. Weathered stated can only give the City instruction on what to discuss with City Attorney and bring back to Council. Councilmember Enochs asked if there is a problem where an ordinance is needed, and Chief Wieners stated no problem now but every once in a while these things will surface, no policy now, if , everyone is comfortable where the City is now then Staff has done their job. Councilmember Enochs asked if the ordinance was approved would it change how things are currently done, and Chief stated no. Councilmember Brown stated she wanted to clarify that Mr. Weathered was at the May meeting and she misremembered that it was Steve Weathered and not Arnold Polanco. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Friendswood Library Board Chair Pamela Beath gave the Library Board's annual report and provided Council with copies. Ms. Beeth stated some of the annual figures for the Library, is a remarkable willingness to gather and publish the entire Library's financial fact through her years on the Library Board, wants to be open, does what is right for the citizens. Over the past year the librarians, the Library Board, and Friends of the Library researched what the citizens of Friendswood wanted in regards to a new or remodeled library, and citizens spoke out loud and stated they want a bigger and better library. In January, Council asked the Library Board to have the architect update the previous remodeling plans, suggested addressing what could be done with half million dollars, one million dollars, and two million dollars in funding, naturally most people that saw the updated plans preferred the two million dollar renovations. Ms. Beath stated her opinion on why a renovation is necessary, need a larger library, the current one is wearing out, the library is open six days a week with estimate of sixty hours a week, offers a variety of services for all ages. Ms. Beeth passed out pictures of ideas for the remodel without having to add a second story to the building. Ms. Beeth stated what she sees the library needs are for renovations, front of the building would have an attractive patio, steel benches and landscaping at the front sidewalk on Friendswood Drive, inside there would be an expansion to the front and north side of the building to make room for more books, more meeting rooms including one large enough for various City functions, space for the Teens and Tweens to have their own space, rooms for people to practice talks that would be well equipped with audio-visual equipment, a computer room with enough computers for everyday use and for classes, an improved librarians'workroom and desk area, and a coffee bar. ' 07/02/2012 3962 Councilmember Enochs stated technology needs have increased, one of the biggest spikes in usage is citizens coming in using the Wi-Fi connection and checking out EBooks, close to thirty percent increase each year in EBooks usage. He thanked Ms. Beath for speaking, as well as the Library Staff, Library Board, Friendswood Library, and Library Director Mary Perroni for all that they do. CITY MANAGER'S REPORT City Manager Roger Roecker reported that the Fourth of July Steering Committee and the City of Friendswood would like to invite all to participate in the 117th annual Friendswood Fourth of July Celebration sponsored by Advantage BMW of Clear Lake. The daylong celebration is packed full of entertainment, food and fun for the entire family. The theme for this year's celebration is"The Sounds of Freedom". The day will kick off with the Grand Parade that will travel down Friendswood Drive. The parade will begin at 10 a.m. at the corner of FM 518 and Heritage Drive, and will feature over 100 entries from Friendswood and around the State of Texas. Over 50 booth entries, rides, games, food, live entertainment and fun for the entire family will take place. This years program should be one of the best family fun events for 2012. The evening will conclude with a fantastic fireworks extravaganza that will light up the sky. The fireworks will be choreographed to patriotic music and is guaranteed to be one of the best fireworks displays in the Houston area. Public parking will not be available at Centennial Park for the Evening Program. Spectators must ride the free shuttle service to gain admittance into the park. Viewing is also available at the H.E.B. and 24 Hour Fitness parking lots. The City Manager reported that the City of Friendswood's Public Works Division recently received its Consumer Confidence Report (CCR) from the Texas Commission on Environmental Quality to deliver to its customers. The CCR is the centerpiece of the public's "right to know" and is required by the 1996. State Drinking Water Act amendments. The report, which is required by the United States Environmental Protection Agency (EPA), shows that the City meets or exceeds all EPA drinking water requirements.'• ' The CCR includes information on the City's water source, information on regulated and unregulated contaminants found in its drinking water, information regarding drinking water violations and special health effects language provided by the EPA. The City's reports show that its water meets or exceeds all federal guidelines on drinking water. The Unites States EPA requires testing of the water system for at least 97 possible contaminates. Friendswood obtains drinking water from two sources. The City's surface water is purchased from the City of Houston. The surface water plant receives its raw water from Lake Livingston and the Trinity River. The City's ground water is obtained from six water wells which draw water from the Gulf Coast Aquifer at a depth of 600 feet or deeper. The report is designed to inform citizens and help them become more knowledgeable about what is in the water they are drinking. In addition to the CCR and the Drought Contingency Plan, the City has adopted a Water Conservation Plan in order to conserve the available water supply and protect the integrity of water supply facilities. The plan was adopted with particular .regard for domestic water use, sanitation, fire protection, and the protection and preservation of public health, welfare and safety. It is designed to minimize the adverse effects and impact of water supply shortage and other water supply emergency conditions. Citizens are asked to practice conserving water to help us achieve our goals. Each water customer within the City can expect a complete copy of the CCR in the mail. In addition, the report will also be available for viewing online by visiting www.friendswood.com. The City Manager reported that for the third year in a row, the City of Friendswood received the State Comptroller's Gold Leadership Circle Award, recognizing the City for implementing financial transparency. Specifically, the State of Texas is recognizing Friendswood for opening its books to the public, providing clear, consistent pictures of spending, and sharing information in a user-friendly format that lets taxpayers easily drill down for more information. The Texas Comptrollers Office has applauded Friendswood for stepping up efforts to give taxpayers a transparent look at where their money goes. The Leadership Circle gold insignia will be found on the City's website as well as on the Comptroller's Texas Transparency website. 07/02/2012 3963 The City Manager reported that Staff recently received word that the Texas General Land Office (GLO) has approved the City's application to receive Community Development Block Grant (CDBG) - Disaster Recovery Grant Funds. Council may recall an application seeking such funds in the amount of $4.5 Million was submitted late last year to widen Friendswood Link Road from Blackhawk Boulevard to FM 518. The pursuit of grant dollars on this project has taken place for a number of years, without much success. Staff is pleased to announce that through the CDBG program the project will soon become a reality. In the coming months, the GLO will be executing a contract with a firm to administer the project and another to design the improvements. Upon completion of final design, the City will seek bids for construction. This format is similar to Round 1 of our Texas Rural Department of Affairs Grant (TDRA) which funded the installation of generators at many City facilities and certain improvements at Fire Station No. 3. ACTION ITEMS **Councilmember Brown moved to table approving a license agreement with Wedgewood Village Homeowner's Association for the installation of a Reader Board on Blackhawk Boulevard. Seconded by Councilmember Scott. The motion was approved unanimously. With concurrence of Council, Mayor Holland moved to Agenda Item 12, election of the Mayor Pro-Tem. Councilmember Enochs stated he would recommend to wait and decide on actions after 7:00 PM in order for the public to speak if they choose. Mayor Holland stated the election of the Mayor Pro-Tem did not require public discussion. ** Councilmember Scott moved to nominate Councilmember Jim Hill as Mayor Pro-Tem for 2012-2013. Seconded by Councilmember Enochs. The motion was approved unanimously. Mayor Holland recessed the meeting at 6:25 PM and reconvened the meeting at 7:00 PM. , With concurrence of Council, Mayor Holland moved to Agenda Item 6, Communications from the Public. COMMUNICATIONS FROM THE PUBLIC Ruth Peifer, Friendswood resident, addressed Council regarding the International Property Maintenance Code, asked Council to please look into the background of the codes, in regards to grants check the costs of individual freedoms, are they restricting citizen's freedoms, are they restricting property rights, read an example of a violation from another city, read from the constitution, asked Council to be accountable to the citizens who elected them. With concurrence of Council, Mayor Holland moved to Agenda Item 10, authorizing the Mayor to execute a temporary contract extension on a six-month basis with South West Water Company (formerly ECO Resources, Inc.)for meter reading services. ACTION ITEMS **Councilmember Hill moved to approve authorizing the Mayor to execute a temporary contract extension on a six-month basis with South West Water Company (formerly ECO Resources, Inc.) for meter reading services. Seconded by Councilmember McGinnis. The motion was approved unanimously. **Councilmember Hill moved to approve the submittal of an application for inclusion in Houston-Galveston Area Council's 2013-2016 Transportation Improvement Program. Seconded by Councilmember Rockey. 07/02/2012 3964 Lengthy discussion was held by Mayor, Council, and the Assistant City Manager regarding history of Friendswood's projects on Transportation Improvement Program (TIP) such as Friendswood Link Road and Brittany,Bay with unsuccessful funding, new window of opportunity for projects, what type of projects are eligible, four projects proposed by Staff for Council input which are pedestrian improvements over FM 518 in two places, access management along FM 528 and FM 518, extension of Blackhawk Boulevard and Brittany Bay Boulevard. Councilmember Scott stated he would like clarification on the motion. Councilmember Hill stated only wants to do pedestrian. ***Councilmember Hill amended the main motion to approve the submittal of an application for inclusion in Houston-Galveston Area Council's 2013-2016 Transportation Improvement Program to do only the; pedestrian improvements. Seconded by Councilmember Rockey. The amended motion was approved 5-2 with Councilmembers Enochs and Scott opposed. i Councilmember Rockey asked for a point of order on motions. Councilmember McGinnis clarified that Brittany Bay is currently on the Transportation Improvement Program (TIP). Mr. Kabiri explained Brittany Bay is currently on the TIP, will remain on TIP in a holding pattern until Council gives direction to continue with environmental assessment and preliminary' engineering. Councilmember Rockey asked for point of order on the order. Councilmember Brown clarified for Councilmember Rockey that the amended main motion was only being discussed. "Councilmember McGinnis moved to discuss submitting the Brittany Bay project to the Transportation ' Improvement Program (TIP). j Seconded by Councilmember Brown. The motion failed unanimously. i Discussion was held between Council and Assistant City Manager regarding the economic development potential of Brittany Bay, the possibility of creating a Transportation Reinvestment Zone (TRZ), cost of completion, political environment, route location and funding. With concurrence of Council, Mayor Holland moved to Agenda Item 13, appointments of the City Council Liaisons to Committees, Boards, and Commissions. "Councilmember Rockey moved to approve the appointments of the City Council Liaisons to Committees, Boards, and Commissions. Seconded by Councilmember Scott. The motion was approved unanimously. "Councilmember Scott moved to approve the appointment of Pat Sullivan to fill a vacancy of an unexpired term on Keep Friendswood Beautiful with a term to expire November 2013; Group A appointments with the reappointment of regular members Greg Hughes and Steve Knis and alternate member Mike Czarowitz to the Zoning Board of Adjustment and Appeals with terms to expire July 2015; appointment of Arthur Triplette and reappointments of Terry McHugh, Monique Hammett, Chris Brown, Faye Ray and Rajni Amin to the Construction Board of Adjustment and Appeals with terms to expire July 2015; appointment of Carolyn Lessenger and reappointments of Donald Evans, Brett Banfield, Hilmar Zeissig and Bill Provenzano to the Community & Economic Development Committee with terms to expire July 2015; reappointment of Mike Czarowitz and Ted Thomas to the Library Board with terms to expire July 2015; and reappointment of Municipal Court Judge James Woltz and Associate Municipal Court Judge Richard Flake with terms expiring July 2014. Seconded by Councilmember Hill. The motion was approved 6-1 with Councilmember Brown opposed. 07/02/2012 3965 COMMUNICATIONS FROM THE PUBLIC David Allen, Friendswood resident, addressed Council and stated he read a book called Agenda 21 about the United Nations Conference in Rio De Janeiro in 1992 with them patting themselves on the back for worming their way into everyone's laws around the world to get more global control. Mr. Allen stated he is a professional engineer, International Property Maintenance Code (IMPC) is sending out inspectors, making sure you maintain your systems, it includes charging people for inspecting homes, recommends not to continue it but drop it, is not a building code but"let's get in your stuff"code. ACTION ITEMS **Councilmember Enochs moved to approve reading a letter from Keep Friendswood Beautiful referencing Councilmember Brown's comments at the June 04, 2012, Council Meeting. Seconded by Councilmember Rockey. The motion was approved 5-2 with Councilmembers Rockey and Scott opposed. Councilmember Enochs read the following letter to Council: At the Friendswood City Council meeting on June 4, 2012, Councilwoman Deidre Brown, while discussing budget concerns and personnel resources for the City, stated, "I have had raised to me by members of Keep Friendswood Beautiful that there may be other positions in the city that aren't as effective or aren't being utilized as well to serve residents--one in particular is the receptionist's desk." Keep Friendswood Beautiful board members would like to go on record as saying that this is not the position of the KFB board. What private citizens say to Councilmembers and what Councilmembers choose to repeat in a public forum, such as a Council meeting, should not include the name of the board when that board has never addressed the concern at a board meeting. Records indicate that City personnel issues have never been an agenda item for the KFB board. ' As liaison for our board, we would ask that this be addressed with the Friendswood City Council to educate them that such statements do nothing but undermine the work of volunteers whose sole purpose is to serve Friendswood. We work closely with.all City Staff in our efforts to Keep Friendswood Beautiful and unproductive statements only make for friction and hurt feelings. While"transparency" in government is worthwhile, an elected Councilmember should always be aware that citizens that have issues with the City, even if they serve on a community board, are not always representing the board when they make comments. There is a procedure for the Keep Friendswood Beautiful board, just as there is for Council, and statements are not official unless they are discussed and voted on through the agendatmeeting process. Thank you for serving as KFB's liaison and we would like for you to consider addressing the council regarding the statements made by Councilwoman Brown. Brief discussion was held between Councilmembers Brown and Enochs regarding the letter, concern with how the letter came to Council, suggestion for better communications between Council in the future, taking one's own advice, and an apology for any offense at the June meeting. **Councilmember Rockey moved to approve expanding the policy for Use of City Resources- Communications to allow organizations like the sports groups to use it for limited periods of time to advertise their registration events. Motion failed due to lack of a second. **Councilmember McGinnis moved to approve reading of the Declaration of Independence. Councilmember Scott seconded. The motion was approved unanimously. Councilmember McGinnis read the Declaration of Independence, and read a letter from John Adams to Abigail Adams about the Declaration of Independence, wishes John Adams could join us for the July Fourth festivities on Wednesday. I 07/02/2012 3966 **Councilmember McGinnis moved to discuss the possibility of a bond election in November 2012. Seconded by Councilmember Brown. Lengthy discussion was held between Council regarding what items are needed, timing, future plans, Parks Subcommittee, using what the City already has, library needs, what amount in bonds before taxes would have to be raised, and what half percent increase in sales tax would be. **Councilmember Brown moved to discuss requiring prior public notice and open meetings of the Park Subcommittee, which is a subcommittee formed at the June Council meeting to include three Councilmembers and others to bring recommendations on projects to prioritize and/or fund with available funds to Council at the August Council meeting, one of the Park Subcommittee members to explain why the meetings are being conducted as closed meetings, and a contact for the public to submit information. Seconded by Councilmember Scott. The motion was approved unanimously. Brief discussion was held between Council regarding possible inconsistencies in subcommittee meetings being noticed to the public or not, communication and input methods, town hall meetings for input, report being given at August 6 meeting, process being followed that was a previous suggestion and fact finding being done. RESOLUTIONS **Councilmember Brown moved to approve Resolution No. R2012-16 -A resolution of the City Council of the City of Friendswood, Texas, authorizing the Mayor to execute, and the City Secretary to attest, an agreement for the installation of a traffic signal at FM 528 and Friendswood Lakes Boulevard between the City and Texas Department of Transportation. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Brown moved to approve Resolution No. R2012-17 - A resolution of the City of Friendswood, Texas, hereby designating Councilmember Hill as Representative and Councilmember McGinnis as Alternate to the Houston—Galveston Area Council 2012 General Assembly and Board of Directors. I Seconded by Councilmember Scott. The motion was approved unanimously. ORDINANCES I No motion was made on Ordinance No. 2012-14-An ordinance declaring a policy for the public access to City facilities in the City of Friendswood, Texas. (previously tabled 05/07/12) **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. Seconded by Councilmember Rockey. Discussion was held between Mayor, Council, Staff and City Attorney regarding the need for consistency, desire to maintain the 300 foot rule, businesses that may run into issues with daycare centers if they change ownership, possible devaluation, questions regarding variance procedure, and whether to default to the Permitted Use Table. ***Councilmember Rockey moved to 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 sale''; and providing for severability. Seconded by Mayor Holland. The motion to table was approved 4-3 with Councilmembers Hill, Enochs, and McGinnis opposed. 07/02/2012 3967 **Councilmember Brown moved to 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. Seconded by Councilmember Rockey. The motion to table was approved unanimously. **Councilmember Scott moved to approve the First and Final reading of Ordinance No. 2012-19 - 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 IX" 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. **Councilmember Scott moved to approve the First reading of Ordinance No. T2011-20 - An ordinance repealing Section 14421 of the Code of Ordinances of the City of Friendswood, Texas adopting the International Property Maintenance Code; and providing for severability. Seconded by Councilmember Hill. Lengthy discussion was held between Mayor, Council and Assistant City Manager regarding particulars of the International Property Maintenance Code (IPMC), how it relates to the International Organization Standardization rating, IPMC applies to existing structures, has not been enforced, whether there are Staff/funds to enforce appropriately, suspend or repeal and the merits of both, ask Staff to come back after reviewing other cities and see what they can bring forward, and what impact might there be on the International Organization Standardization rating. ***Councilmember Brown moved to amend the main motion to formally abate enforcement of the International Property Maintenance Code to allow for the City building official to provide suggested local ' amendments to the IPMC as well as any other uniform code that were adopted in Ordinance No. 2010- 08. Seconded by Councilmember Rockey. The amended motion failed 2-5 with Mayor Holland, Councilmembers Scott, McGinnis, Hill, and Enochs opposed. Further discussion was held between Mayor and Council regarding whether the IPMC was an overreach of government, have not been enforcing so just repeal, whether Staff should create a committee to see what makes sense, have common sense rules that protect the individual and their property, what are the consequences if repeal, what ordinances the City already has that mirror parts of the IPMC so the codes are not redundant, legal concerns regarding,the window of time where there is nothing applicable, other ordinances that are applicable and enforceable, and International Organization Standardization rating will not affect windstorm. Councilmember Hill called the question on the amended motion. ****Councilmember Scott moved to amend the main motion to repeal the International Property Maintenance Code in its entirety, and ask Staff to bring back recommendations utilized by neighboring communities to the August meeting in the form of a workshop. Councilmember Hill withdrew his second to the main motion to allow Councilmember McGinnis to second the amended motion. Further discussion ensued between Council and the Assistant City Manager regarding clarification on which ordinances to bring back, all codes need to be reviewed, understood the Planning and Zoning Commission was going to dig further, may want to wait until Council has their recommendation, Staff may need more time to bring back to Council. 07/02/2012 3968 i *****Councilmember Scott amended the amended main motion to repeal the International Property Maintenance Code in its entirety, and ask Staff to bring back recommendations at the October meeting. Seconded by Councilmember McGinnis. The amended, amended motion was approved 6-1 with Councilmember Brown opposed. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Councilmember Brown thanked Information Technology Director Todd Yeager for setting up Skype at the Council Retreat. Natchitoches Louisiana's former Mayor Joe Sampite's family embraced her when she moved to Natchitoches, his daughter was a good friend, the Money Magazine and CNN surveys hanging on the wall in Council Chambers are in large part due to Mr. Sampite, the idea to try to solicit awards goes to Mr. Sampite. Councilmember Brown stated Mayor Sampite influenced her when she was on Community and Economic Development Committee to push for the awards that the City has received. One of his trademarks was a sticker that said "I Love Natchitoches", she made some up for Council that say City of Friendswood that gives the website. Mr. Sampite was known far and wide for his love of putting stickers on people at any event he attended, and it hit her hard when she recently learned he had passed away. She reported that the Purple Box Theater in Friendswood has a production in August about East Texas, was encouraged to go into community theater by the Sampite's and she will be in this play. I Councilmember Scott stated Friendswood Independent School District Coach Henry Winston passed I away, high school stadium is named after him, was a devoted Christian, and had a good influence on the young men of this community. Coach Winston was a beacon and a model on how to conduct yourself as a man, never ran across a guy that was a better man and was a significant influence, he will be missed,; will hold no memorial or gathering, thanked Coach and stated he knows where Coach is at. I ' Councilmember McGinnis stated Councilmember Enochs will have good news later this month, he will be, promoted on July 14th from Captain to Major with the Texas Air National Guard. Councilmember Hill stated he plans to attend Councilmember Enochs promotion ceremony, one of the best things on Council in the last few years is knowing Councilmember Enochs, will also attend the July 4th parade, encourages everyone to join in the Fourth of July celebrations. Councilmember Enochs thanked Information Technology Director Todd Yeager for the switch over to an !Pad, thanked the Fourth of July Steering Committee members for their work, Keep Friendswood Beautiful (KFB) Board member Susan Stevens and Community Services Administrative Secretary Kimberly Ramirez who recently attended the Keep Texas Beautiful Annual Conference, KFB won third place in Prestigious Government Achievement Award, Award of Excellence, and the Silver Star Affiliate isl given only to a handful of communities. Councilmember Rockey expressed condolences for the family of Scott Kragen, Friendswood residents who owns Caf6 Adobe, knows his four sons, passed away way too younI and left four kids behind.) Carolyn McElhaney from Friendswood went to the Olympic trials and took 5 place in the breaststroke. He stated he would like to thank Councilmember Hill for the lacrosse field he's been working on across' from the old Junior High, demonstrates volunteerism. Mayor Holland invited everyone to Mary Queen Catholic Church for The Gathering on July 3r° wished everyone a happy Fourth of July, thanked Council for attending a retreat and thanked Councilmember Brown for Skyping, and was a wonderful idea for all to get to know each other and air out issues, and sends condolences to the Winston family. I 07/02/2012 3969 CONSENT AGENDA **Councilmember Scott moved to approve all items on the Consent Agenda as presented with the exception of Agenda Item A. B. Authorize the disposal of the Police Department's P105, a 2003 Ford Crown Victoria through Houston Auto Auction. C. Approve a banner permit application for Friendswood Independent School District for August 6-13, 2012, for the Friendswood High School 48 Hour Tennis Marathon. D. Accept April 2012 Property Tax Report. Seconded by Councilmember Rockey. The motion was approved unanimously. **Councilmember Scott moved to approve Consent Agenda Item A to authorize the acceptance of public paving and utility improvements associated with Sterling Creek for the contractor's one-year maintenance period. Seconded by Mayor Holland. The motion was approved 6-0 with Councilmember Hill abstaining due to a conflict of interest. The meeting was adjourned at 9:26 PM. Mayor Kevin Holl cF Attest: o° o ° Melinda Welsh, TRMC City Secretary