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HomeMy WebLinkAboutCC Minutes 2012-10-01 Regular 10/01/12 4005 STATE OF TEXAS )( ' CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( OCTOBER 01, 2012 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON: MONDAY, OCTOBER 01, 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 (Arrived at 5:41 PM) COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER JOHN SCOTT COUNCILMEMBER DEIRDRE BROWN (Arrived at 4:57 PM)j 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 Jim Bass with Friendswood United Methodist Church. ' Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Mayor Holland asked if anyone would like to speak to Council. No one spoke. WORK SESSION Mayor Holland opened the discussion regarding Robert's Rules of Order. City of Bryan City Secretary/Director of Legislative Services Mary Lynne Stratta presented a PowerPoint presentation on Robert's Rules of Order. Robert's Rules of Order republishes every 10 years with the census, is hard to, read and there are many tools to help understand such as "Complete Idiot's Guide to Robert's Rules of Order", "The Guerrilla Guide to Robert's Rules of Order", one of the best is from the International Institute of Municipal Clerks (IIMC) "Parliamentary Procedure of Local Government". The Texas Open Meetings Act (TOMA) takes precedence over parliamentary procedure, are certain things that can be done under parliamentary authority that is not allowed under the TOMA, such as secret ballot voting or by proxy, must consider posting requirements under TOMA when tabling or postponing questions, certain things Robert's Rules of Order will let you do that TOMA will not. There are two types of rules, general rules that are commonly applied and special rules for a particular purpose or organization. For general rules Council has adopted Robert's Rules of Order and for special rules Council has Rules of Procedure that has bee adopted. 1 10/01/12 4006 Council rules will take precedence over Robert's Rules of Order. The ten commandments of parliamentary procedure are that the organization is paramount, all members are equal, quorum must be ' present to take legal action, one question on the floor at a time or one main motion, one member can have the floor at a time, full debate on all questions unless parliamentary rules do not allow debate on a question, the issue and not the person is always what is under discussion, a question once decided cannot come back before the same assembly in the same session in the same form except by use of reconsideration, a majority vote decides unless a greater majority is required, silence gives consent but does not apply to a formal vote, if you are ever in a meeting and cannot remember the parliamentary rule that applies ask yourself what is the fairest thing to do for everyone, what is the most logical answer to the problem, and what is the most efficient way. Councilmember McGinnis stated sometimes Council deviates from Robert's Rules of Orders and have discussions bouncing from one side of the dais to the other, and asked Ms. Stratta to please address that issue in her presentation. Ms. Stratta continued the presentation with basic parliamentary procedure and introduction of business. A main motion is a formal proposal that certain action be taken. Eight steps to obtain action on a main motion is Step 1- addressing the Chair, Step 2- assigning the floor, Step 3- making the motion, Step 4- seconding the motion, Step 5- stating the motion (Chair states the motion), Step 6-debating the question (Chair allows debate, with maker of motion speaking first in debate), Step 7- putting the question (Chair takes the vote after debate is complete), Step 8-announcing the results of the vote (Chair announces). If a motion is withdrawn after Step 5-stating the motion, the Chair must ask Council if there is any objection to the withdrawal of the motion. If the main motion maker withdraw the motion then the second does not have to be withdrawn, no second, no debate, to second a motion is to agree that the motion is worthy of discussion and consideration. If you do not want to consider do not say a word, if you start talking about it is considered the second to the motion and City Secretary will put in minutes. If there is not a second, the motion is not considered for lack of a second. 1 Councilmember Scott asked if that is the case then is the Mayor obligated to restate the motion and Council has to vote, and Ms. Stratta stated yes unless the motion is withdrawn. Councilmember McGinnis asked if there is a rule that states the maker of the motion must vote in the affirmative, and Ms. Stratta stated she will get to that issue shortly. Ms. Stratta continued the discussion regarding seconds on main motions. Privileged and incidental motions do not need a second. Description of the five categories of motions are main motion which brings business before the assembly, subsidiary motion which aids in treating or disposing of a main motion, privileged motion which does not relate to main motion but relates directly to the members or organization, incidental motion which relates to matters that are incidental to the conduct of the meeting rather than directly to the main motion, and bring back motions are motions that bring a question again before the assembly. A motion is considered pending when it has been stated by the presiding officer (Mayor) and has not yet been disposed of either permanently or temporarily. While a motion is pending members can amend it, postpone it, put it aside, or send it to a committee through the use of a secondary motion. A motion is considered immediately pending when several motions are pending and it is the motion that was last stated by the chair and will be the first to be disposed of. Amending a main motion is a motion to modify the wording and within certain limits the meaning of a pending motion before the pending motion itself is acted upon. Characteristics of amendments are that an amendment can be applied to any motion having a variable factor, is not in order when another has the floor, debatable when the main motion is debatable, majority vote at all times, even when main motion requires 2/3 vote, cannot stand by itself, only motion that may be applied to itself(primary and secondary), a member may amend their own motion, Chair may be requested or assist in wording of an amendment, a member's vote on the amendment does not obligate their vote on the main motion, rejection of motion to amend leaves pending the motion as originally proposed, the adoption of the amendment does not adopt the main motion. If the motion to amend passes then the main motion must be considered as amended. ' 10/01/12 4007 Councilmember McGinnis asked if there are rules about whether debate can continue once the main) motion has been amended, and Ms. Stratta stated yes there are rules on debate and explained rights off debates and limits of debates, talk on the main motion twice each, then if amended each person speaks two times on the motion but only on the amendment, once the amended motion passes the chair always has to take up the main motion as amended. Councilmember Scott asked if there is a parliamentaryl procedure for once a vote has been adopted on a motion for the motion to be reconsider, and Ms. Stratta stated once the main motion is adopted cannot be considered again in the same meeting, same day, or same format except through the use of consideration , an example would be if a consultant shows up late, with information you did not have when you made the motion, in order to reconsider someone that voted on the prevailing side would have to bring the motion up again, always caution on doing reconsideration due to Open Meetings Act (OMA). If people show up for an item and then you reconsider and vote different later there could be a problem with the OMA. Ms. Stratta stated once the main motion has been decided the Chair has to move on, time to discuss is during debate. Councilmember Scott asked if a motion could be reconsidered at another meeting, and Ms. Stratta stated once a meeting is over your should not reconsider unless new information has come to light, do not want to keep bringing up same thing with same information. Ms. Stratta stated in Council's Rules of Procedure there is a 90 day rule for reconsideration, and that is different from Robert's Rules of Order. Councilmember McGinnis asked if there is a 10 minute rule on each person's turn in the debate, and Ms. Stratta stated yes but that is long! Councilmember McGinnis asked if a Councilmember wanted to extend the limits on debate would the councilmember have to make a motion to do so, and Ms. Stratta stated the Councilmember could move to extend or limit debate, the motion would need a second and a 2/3 vote. Debate can always be stopped by making the motion to move to previous question. Ms. Stratta continued the PowerPoint presentation with forms of amendments such as insert (add) a word, consecutive words or paragraph, strike out a word, consecutive words or paragraph, strike out and insert a combination of the above. Substitute but must be germane, gave an example of substituting move to buy police cars but substitutes for playground equipment, cannot do. Discussed amendment pitfalls, is allowed when another member has the floor, debate not confined to pending amendment, a question already decided, tertiary amendments, not germane to main motion or primary amendment, equivalent to rejection of the main motion, dilatory, new business introduced under the pretext of being an amendment, changing one parliamentary motion into another. Councilmember McGinnis stated sometimes Council amends a motion and will make a substantial change, is it still required to vote on the main motion, and Ms. Stratta stated yes if the form of amendment was substitute it is still required to go back to the main motion. Councilmember Brown asked if it was proper procedure to have the initial motion amended so that it changes the main motion on the floor, and Ms. Stratta answered yes as long as it is germane and does not attempt to do the opposite, but the Chair will still have to go to main motion and vote on it. Councilmember Brown asked if there couI6 be two main motions on the floor at the same time, and Ms. Stratta stated there can only be one main motion at a time. Ms.Stratta continued the PowerPoint presentation by stating it is important to learn how to do precedence of motions, the ups and downs of parliamentary procedure, how to use the Ladder of Motions also known as the Precedence of Motions. Precedence of Motions is a list of specific motions that indicate the priority of motions. There are two types of motion, the ranking motion and non-ranking motion. On ranking motion start with the main motion, then any motion above the immediately pending motion is in order, and any motion below the immediately pending motion is out of order. Council and City Secretary Melinda Welsh participated in a skit on how to apply Precedence of Motions. Ms. Stratta stated make motions moving up and not down the Ladder of Motions, can do a lot of business in a little bit of time. The National Association of Parliamentarians sell little cards that has good information about the precedence of motions. Councilmember McGinnis asked Ms. Stratta to give an example of Point of Privilege and Point of Order, and Ms. Stratta stated Point of Privilege has to do with personal rights and Point of Order has to do with the running of the meeting. 10/01/12 4008 Ms. Stratta continued with the presentation with rules of debate. Robert's Rules of Order states that debate is the discussion regarding motion that occurs after the presiding officer has restated the motion and before putting it to a vote. Rights in debate are that a member can speak no more than twice on the same question on the same day, no member can speak a second time on an item so long as another member is requesting recognition to speak for a first time on the same item. Councilmember Rockey asked if rules of debate are the same for a work session as for a regular meeting, and Ms. Stratta stated the rules of debate only apply for pending motions. Ms. Stratta continued with the rights in debate, speech must be limited to ten minutes, the maker of a motion has the right to be the first to speak on it, all remarks must be limited to the merits of the subject immediately before the assembly, all remarks must be addressed to and through the chair, personal remarks should be avoided and motives of members must not be questioned, members are seldom referred to by name, members should be seated when another member is assigned the floor and during any interruption by the presiding officer, a member may not speak against his own motion, however he can vote against it. Discussed what is debatable, every main motion is debatable, the following subsidiary motions are debatable, postpone indefinitely (fully debatable), amend (limited to merits of amendment), commit or refer (limited to wisdom of referring), postpone to a certain time (limited to time to which the motion will be postponed), the following incidental motions are debatable appeal and request to be excused from duty, motions to rescind/amend something previously adopted are debatable, discharge a committee and a motion to reconsider are debatable. Discussed what is not debatable, the following subsidiary motions are not debatable, limit or extend limits of debate, previous question, lay on the table, all privileged motions, incidental motions with the exception of appeal and request to be excused from duty, motions that bring a question again before the assembly, and nominations. Commonly misused motions are lay on the table (to table), postpone indefinitely, postpone to a certain time, and previous question. Motion to table is not debatable, is meant to set something aside temporarily, and Robert's Rules of Order are different than Council rules. Postpone motions are debatable, postpones can stand as incidental main motion, gave an example of a tabled motion in Ms. Stratta's city, had five public hearings on a rezone and first reading of ordinances, gave Staff report, made motion and was in debate, Staff handed Ms. Stratta a note saying she was in labor, could Council do something to get the other four Staff reports given, Ms. Stratta suggested to lay pending motion on the table so Staff member could give her four pending Staff Reports, the Mayor made a motion to lay the pending motion on the table and the motion to table passed and went to City Secretary for safe keeping, after the Staff member gave the four reports the motion was made to remove the item from the table and then Council picked up on debate where they left off, and that is the proper use of lay on the table. The motion previous question is greatly misused and Ms. Stratta gave an example of the misuse of previous question. The Mayor says I call the question and then moves to an immediate vote, no one member has the right to end debate, takes a motion and 2/3 vote in Council's Rules, does not require a second, Robert's Rules of Order does require a second on a previous question motion. Mayor Holland asked if he was understanding correctly if someone calls the question, a second is not required,just a 2/3 vote, and Ms. Stratta stated that Council's Rules state that only a 2/3 vote is required, Robert's Rules of Order requires a second and that is the only difference. Ms. Stratta continued her presentation with parliamentary procedure, allows for numerous methods of voting on a motion, general or unanimous consent, voice vote, show of hands vote, rising vote, rising counted vote, roll call vote. Parliamentary procedure allows for voting by secret ballot and by proxy in certain circumstances but neither method is allowed under the Texas Open Meetings Act (TOMA), voting method used must be public and votes must be registered in a way that the public can determine how each councilmember voted, presiding officer does not need to call for abstentions, when a member does not vote yes or no he/she abstained, majority vote is more than half of the votes cast, if a vote ends in a tie the vote fails, two-thirds vote simply means that there were at least twice as many votes in favor of the motion as there were against the motion. The parliamentarian is an advisor and makes no decisions. Parliamentary procedure has been described as an application of the Golden Rule with common sense and courtesy. Mayor Holland recessed the meeting at 5:44 PM and reconvened the meeting at 5:49 PM. 10/01/12 4009 Mayor Holland opened the discussion regarding possible amendments to building regulations and pursuit of a Property Maintenance Code. Assistant City Manager Morad Kabiri explained the recent history regarding the International Property Maintenance Code (IPMC) and stated Council recently repealed the, IPMC from the Code of Ordinances, directed Staff to evaluate current practices and resources and then present alternative approach within 90 days. Mr. Kabiri presented a PowerPoint presentation with and alternative approach, within current building regulations there are issues regarding substandard buildings) and structures that need to be updated to reflect current state law. The City's current practices regardingI substandard buildings and structures are complaint driven, complaints are evaluated and investigated for deficiencies, pursue code enforcement measures if appropriate, remedy deficiencies by communicating, with property owners, issue citations as a last resort. Issues relating to substandard structures that pose' safety issues in the current code are identify deficiencies, pursue code enforcement measures, remedy deficiencies, issue citations, hold public hearings, following hearings possibly repair and place lien Maintenance issues within the current code are pool maintenance, high grass/weeds, and substandard structures, are addressed separately in the Code of Ordinances and are not part of the Property, Maintenance Code. Council suggested at the August Council meeting to adopt Section 2 through Section 7 of the IPMC as guidelines, maintenance issues and Homeowner's Association (HOA) involvement suggestion was made that if an item violates both HOA and City rules the HOA should attempt to address the deficiency prior to City code enforcement measures being taken, mainly due to current Code Enforcement Staff being one and a half employees, current budget outside of personnel is around $4,000 for code enforcement. Staff has attempted to amend, has not been forwarded to the City Attorney for review, waiting on direction from Council. Councilmember Rockey stated the City does not follow the current ordinance, believes the current practices are fine, need an ordinance that reflects the current practices, cover the minimal bases! ordinance needs clarity and to cover the minimal bases, approach is to be non-onerous, accepts the process will be driven by complaints, the City will try to have a non-citation driven process, provide the homeowner a method for escalation if they disagree, further stated he does agree with the City having an ordinance that requires the Homeowner's Association (HOA) to have the responsibility to solve their issues with properties before coming to Council. Councilmember McGinnis asked Assistant City Manager Morad Kabiri if Chapter 14-Building and Building Regulations that was provided in Council's agenda packet was the item that had not been provided to the City Attorney, and Mr. Kabiri stated Chapter 14 is a subsection to the City's Code of Ordinances that includes the Property Maintenance Code that was recently repealed. Staff has amended the ordinance with a draft but wanted consensus from Council first before sending it to the City Attorney. I Councilmember Brown asked with respect to a notice being given on issues, will it be posted on the property and not just relying on mailing notices, and Mr. Kabiri stated yes there are provisions in the draft to post notices on the property. Councilmember Brown asked with respect to the International Organization Standardization (ISO) rating the Hazard Mitigation Plan requires the City to do everything possible to maximize the ISO Rating, has Staff contacted the International Code Council (]CC) to determine how the non-adoption of the IPMC versus the adoption of this amendment will affect the ISO Rating, and Mr. Kabid stated Staff had just had the ISO evaluated and the repeal did not affect the rating.) Councilmember Hill asked if a code official ordered someone to immediately vacate their building does the City have a responsibility to provide them with a place to live, and Mr. Kabiri stated if the City has them vacate the structure the City would be responsible to find them alternative housing. Mayor Holland stated that Councilmember Rockey had previously stated that the City has an ordinance that is not being enforced so with the repeal the City will not have an ordinance that it is not enforcing, and Mr. Kabiri stated the International Property Maintenance Code (IPMC) has been repealed and Councilmember Rockey was referencing portions of the ordinance that are not being enforced and need to be clarified. i 10/01/12 4010 Assistant City Manager Morad Kabiri asked if Council would like Staff to bring forward the amendments. Councilmember Hill asked if the amendments would be adopting the IPMC, and Mr. Kabiri stated there are segments that would adopt IPMC as a guideline, is not all or nothing can leave parts out. Councilmember Brown stated she is in favor of bringing back an amendment with City Attorney review. Councilmember Scott stated he is in favor of bringing back but may not need to adopt IPMC portion of it. Councilmember McGinnis stated he is in favor of bringing back Sections 2 through Section 7 of the IPMC as attachment for Council to review. Councilmember Hill stated he does not think the amendment is needed, feels Council is addressing a problem the City does not have. Councilmember Enochs stated he would like input from the Planning and Zoning Commission and does not see value of Chapter 14 of the City's Code of Ordinances. Councilmember Rockey stated he would like to see the amendment brought back to Council. Mayor Holland indicated not to bring the amendments back to Council. Mayor Holland opened discussion between Council, Staff, and the Planning and Zoning Commission regarding the possible amendments to Appendix C —Zoning Ordinance, Section 7, Permitted Use Table regarding North American Industry Classification System (NAICS) Use#713940 Fitness and Recreational Sports Centers. Planning and Zoning Commission Chair Mark McLean opened the Planning and Zoning Commission's portion of the joint discussion. Planning Manager Nick Haby stated that presently gyms are not allowed in Commercial Shopping Centers (CSC), the amendments would allow, Staff noticed this item and asked the Planning and Zoning Commission (P &Z) to discuss and make a recommendation. Councilmember Brown asked if there was a specific location or business that brought this to Staffs attention and why was P & Z not satisfied with not using Specific Use Permits (SUP) for Fitness Centers, and Mr. Haby stated there was not a specific location, Staff just noticed in the Permitted Use Table (PUT). P&Z Chair McLean stated in a CSC there are already uses established like this in the City, not sure why it was not included as a permitted use in the first place, P &Z feels it should be allowed in the CSC zoning classification. Planning and Zoning Commissioner David O'Farrell stated in the neighborhood convenient centers that tend to have smaller parking grids, P & Z added on the protection of the SUP because the parking can usually overflow with high density places like Pilates Studios. Councilmember Brown stated to explain her question she knew a review had just been done of the PUT and wondered why this issue had come up as a secondary issue. Mayor Holland opened a discussion between Council, Staff, and the Planning and Zoning Commission regarding Section 14 of the Code of Ordinances, adding a Vested Rights Ordinance. Planning and Zoning Commission Chair Mark McLean opened the Planning and Zoning Commission's portion of the joint discussion. Assistant City Manager Morad Kabiri explained that at the May City Council meeting, the City Attorney had drafted an ordinance and presented in a workshop format to Council, questions were raised and the ordinance was kicked back to P &Z for further deliberation and is now coming back to Council for further consideration. If Council adopts the code, Council would establish a set of procedures for which applicants wanting to develop in the City of Friendswood could make an application to determine whether their project is vested under the regulations in place at the time of their application. Mayor Holland asked how would the ordinance help the City of Friendswood, and Mr. Kabiri explained it further defines a role to navigate the vested or not vested issue, vesting is a black and white issue, this would establish an application process to go through to determine if the project is vested, would also establish a time frame that if the applicant fails to submit for vesting application or submit for consideration the developer could lose any potential vesting they may have had. i 10/01/12 4011 Planning and Zoning Commission Chair McLean stated P & Z has gone through several iterations of the possible amendments, provides a process and clarity, has tweaked to provide notice of posting, if applicant showed up and wanted to claim a vested right, when the application has been filed and deemed completed by the City Manager or designee then that gets posted to the public. When the City Manager or designee makes a determination on the application this gets posted to the public too. If someone objects there is an appeal process which currently is not available. P &Z has beaten this to death, thinks this is the best effort, may be something the City uses infrequently but gives a tool to bring clarity and discussions to the table. i Mayor Holland asked how many times the City would have used this, and Mr. Kabiri stated once. Mayor Holland asked if it would have been on FM 528, and Mr. Kabiri stated yes. Mayor Holland asked how it would have affected that case, and Mr. Kabiri stated most likely the applicant would have been vested. Councilmember Hill asked is there a point when a person is considered vested, and Assistant City; Manager Morad Kabiri stated it is a gray issue. In 2005 a law was passed that made Texas a super early vesting state, arguments were made that at the time of the initial meeting with Staff that a person would be considered vested, granted it would ultimately be determined in a court of law. I Planning and Zoning Commission Chair McLean stated P &Z put a specific provision in the amendments that formal conferences such as a Development Review Committee meeting (DRC) does not count towards vesting, it has to be a permit as defined in the regulation. Councilmember McGinnis stated he thought this was great when you are looking back but what about from the get-go, can the City have a procedure that makes it clear from the beginning when a person goes down this path, state the first thing that counts is a permit or plat. Planning and Zoning Commission Chair McLean stated the definition of a permit comes straight out of the ' statute and cannot vary from the statute, most land planning conferences the committee goes to almost unanimously recommend that a city have some form of vested rights ordinance, most of the time there will not be a problem with what rules are going to apply to a project, but if the City has a project that will happen in stages the City wants to make sure from a municipal standpoint that zoning or other requirements are current. He further stated P & Z thinks is a forward looking statute, gives a process to follow and gives residents a chance to see that an application has been made. Councilmember McGinnis stated he is not referring to looking back but what if there is a new project and they want to start something tomorrow. Planning and Zoning Commission Chair McLean stated the amendments furnish a process to follow that is not in place currently, if there is a process for an applicant that is claiming they are grandfathered to follow, the applicant must follow the process or they will waive it, at which case the applicant would have to follow the current regulations for the use of the land, if the applicant does not go through the process to establish they are grandfathered, the applicant will lose the rights of being grandfathered. Mayor Holland stated it takes away some of the latitude from the City's point of view. Planning and Zoning Commission member Jim Gibson stated if the procedure in the amendments is followed it defines when a project is vested. Councilmember McGinnis stated when he read the amendment it seemed as though the amendment was just a way for a developer to double check if they are vested. Planning and Zoning Commission member Gibson stated by looking at this process established in amendments, a person will be able to tell if they are vested. i 10/01/12 4012 Assistant City Manager Morad Kabiri stated Staff was concerned about the notice requirements and the publishing of decisions made, vesting issues can be sensitive, will always be after the fact in which an application for vesture, amendments establishes another set of procedures for a developer to follow to obtain vesture, the amendments simply provides some hurdles that need to be cleared before a matter can be taken to court. Mayor Holland asked if the City would have been able to negotiate as well if the amendments had already been on the books for prior issues, and Mr. Kabiri stated is a subjective call, but still thinks the FM 528 issue would have been vested. Planning and Zoning Commission member Gibson stated P &Z's belief is right now no one knows when they are considered vested and would have to go to court to determine, the suggested amendments would at least give the City ammunition to fight the vesture. Planning and Zoning Commission Chair McLean stated is a process to follow that the City currently does not have, if the process is followed everyone will know where the bones of contention are and where there may be room for agreement, if there is not a process then are left with a race to the courthouse. Planning and Zoning Commission member David O'Farrell stated it has taken a while to bring back to Council because P & Z was trying to get clarity on the point of vesture, can only say this is the clear process. Councilmember McGinnis stated there is a clause for the City to get 30 days to evaluate and approve the application and if the City denies then the applicant only gets 10 days, does not seem balanced, suggested making the time frames equal. Mr. Kabiri stated the 10 day requirement came from the laws already in place for appealing to the Zoning , Board of Adjustments and Appeals on decisions made by the zoning official but there is nothing prohibiting changing the requirement to 30 days. Councilmember McGinnis asked about the clause appealing to the Zoning Board of Adjustments and Appeals and reversal regarding the percentage of members to approve, was the percentage of the quorum or of the members at the meeting. Planning and Zoning Commission Chair McLean explained 75 percent may be statutory. Councilmember Brown thanked P & Z and stated a lot of modifications took care of her concerns but still concerned with notice issues, and asked what is the City bulletin board. Mr. Kabiri stated it is outside City Hall where agendas are posted. Councilmember Brown stated should be a defined term to help people know where it is, should put notice on website and e-mail blast, thinks in prior case there was a lack of clarity in the process which made it very indefinitive on who would prevail on those issues, does think having a set process is good. She further stated Land Use seminars are focusing on vesting issues in recent years because of ongoing problems, can go beyond what ordinance says, final concern is the City is not following all of the current ordinances, have to know and follow the ordinance, especially on a vesting right, all Staff needs to know the process, need to define who is navigating the developer through the process. Mr. Kabiri stated regarding the notification process, is concerned about expectations of citizens, if they are vested they are, if they are not they are not, does not want false expectations that citizens can change. Councilmember Brown stated if there is a person aggrieved there is a time frame, and that point must be made right away otherwise it is waived. Mr. Kabiri stated the process states aggrieved may be a nearby property owner, does not change state law prospective that the only person potentially aggrieved in the issues is the developer. i 10/01/12 4013 Councilmember Brown stated whoever is aggrieved would have to look through all the City ordinances to find a basis to be aggrieved, a lot of confusion arose because nobody knew what the process was, if it is in writing there is less dispute. Planning and Zoning Commission Chair McLean stated the direction he is hearing is to look at appellate process and notice process, tighten up the definitions. Mayor Holland asked if the amendments were precipitated by what happened on FM 528, and Chair, McLean stated it was generated due to attending the Land Use conferences, the issue on FM 528 immediately came to his mind. Mayor Holland asked if other cities had ordinances like the amendments, and Mr. Kabiri stated the City of San Antonio are the pioneers and no other cities have this in place as far as he knows. Mayor Holland opened a discussion between Council, Staff, and the Planning and Zoning Commission regarding Appendix C — Zoning Ordinance, Section 8.N, Downtown District supplemental requirements and the Design Criteria Manual, Appendix E—Downtown District Amenities. i Planning and Zoning Commission Chair Mark McLean opened the Planning and Zoning Commission's portion of the joint discussion. Planning Manager Nick Haby stated that Keep Friendswood Beautiful (KFB) has been discussing these issues with the Planning and Zoning Commission for several months! recommendations are for changing the zoning ordinance and the Design Criteria Manual, specifically regarding the Downtown District amenities, the recommendations require the amenities wording in the draft to make the property owner responsible for the maintenance of the amenities, there was some discussion at the last P & Z meeting about who should maintain these amenities, there are a few other tweaks in the draft such as the height of lights. Planning and Zoning Commission Chair McLean stated amenities are being required, further definition on light fixture measurements, gives developer alternatives, KFB did a lot of work in presenting the issues to P &Z, what is before Council is the end result. Councilmember Scott asked if the owner would be responsible for the amenity in front of their property, would they also be responsible for removing the trash out of the receptacles, and Planning and Zoning Commission member David O'Farrell stated the owners would be responsible, the extra time is not punitive to the owner. Councilmember Scott asked about stamped concrete in lieu of bricked pavers, and wondered if stampedi concrete would be cheaper. Councilmember Brown stated for lights, the City usually pays, loves the look of brick pavers, and went t Augusta, Georgia and their brick paths are covered in grass that is less than nine inches tall, may need to have something regarding the maintenance of the brick paths. Assistant City Manager Morad Kabiri stated a proposal moving forth would have to have a sidewalk with pavers on top. Councilmember Brown asked if the grass would only be on the sides, and Mr. Kabiri stated yes. Planning and Zoning Commission Chair McLean stated P &Z decided to have the concrete base. Mayor Holland asked for questions, and Mr. McLean asked if Council wanted to put forth as a formal. A consensus of Council shook their heads in agreement. The Planning and Zoning Commission adjourned their portion of the Work Session to the upstairs conference room to hold their regular meeting. 10/01/12 4014 CLOSED EXECUTIVE SESSION Councilmember Brown made a Point of Order. Mayor Holland asked Councilmember Brown if her Point of Order was for the same reason as it had been in prior Council meetings, and Councilmember Brown stated same reason as prior Points of Order raised on Executive Sessions. Mayor Holland denied Councilmember Brown's Point of Order. Councilmember Brown stated she would like to appeal to the rest of Council. Mayor Holland asked for a vote to uphold his decision regarding Councilmember Brown's Point of Order. The Mayor's decision was upheld with a vote of 6-1 with Councilmember Brown opposed. Mayor Holland asked if anyone would like to speak regarding the Executive Session topic. No one spoke. Mayor Holland asked City Attorney Arnold Polanco if Council was in line to go to Executive Session, and Mr. Polanco stated yes. Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.071: Consultation with attorney concerning pending or contemplated litigation; a settlement offer; or a matter in which the duty of the attorney requires it (Consultation with City Attorney to discuss threatened litigation against the City of Friendswood) and Section 551.087: Deliberation regarding economic development negotiations. Council reconvened into Open Session with no action taken later in the meeting. ' RECONVENE INTO OPEN SESSION Council moved to Agenda Item 7, Communication from the Public. COMMUNICATIONS FROM THE PUBLIC Mayor Holland read a card from Friendswood resident Ruth Pifer, due to her having to leave, stating that she was opposed to the International Property Maintenance Code and suggested the City should have basic minimal rules on property maintenance, as she understands the minimal rules are already on the books. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Senior Citizen Advisory Committee Chair Paul Gordner reported on the activities at the Senior Center. Staff is doing an outstanding job at the Senior Center, Staff publishes a bi-monthly newsletter with over 850 mailings and provides daily bus transportation to and from the Senior Center in addition to all their other job duties. The highlight of 2012 was the arrival of the new bus, diverse activities are provided to improve seniors physically, mentally, socially, and spiritually. Average daily attendance at the center is 80. Events for the year included a spaghetti luncheon, spring and fall picnics, fishing tournament, volunteer luncheon, watermelon bash and bingo, casino extravaganza, health fair, Go Texan luncheon, tea party, BBQ fundraiser, celebration of marriage, rodeo, and Christmas in September. The holiday events included a Valentine dance, Thanksgiving potluck, Christmas Luncheon, Cinco de Mayo celebration, and Veterans luncheon. A total of 60 trips to various attractions were made. Accomplishments and improvements for the year were a new sidewalk to the adjacent parking lot, 20 new eight-foot tables, a productive garden, covered bus awning in the process of being installed. Some classes now have as many at 35 participants so a larger facility may be needed in the future. It has been a very busy year and the committee is expecting better things to happen in the future. 10/01/12 4015 Councilmember Brown stated she attends their meetings, only 30 minutes long, the center has a fitness gym, Veterans Day event coming up, tea party was an actual tea party and not a political event, thanked) Mr. Gordner for presenting the report, and asked for other committee members to stand and be, acknowledged. i Friendswood Chamber of Commerce Chair-Elect Bill Provenzano stated Friendswood Chamber off Commerce Chairman Steve Anderson could not attend the meeting tonight. Mr. Provenzano introduced) Friendswood Chamber of Commerce President Carol Marcantel, Friendswood Chamber of Commerce Events Coordinator Lucy Woltz, and Friendswood Chamber of Commerce Administrative Assistant Diane Hass. Mr. Provenzano presented the annual report and stated the Chamber is a vital part of the community, the Chamber partners with the City to enhance the community, provides informational' services to the community on a daily basis, Chamber's primary role is to help new businesses to gets acclimated to the opportunities that the City has to offer and help existing businesses with networking opportunities to grow their businesses. There is always something going on at the Chamber, for example it could be a monthly Chamber luncheon, a monthly networking breakfast, a party on the patio, the State of the City Address partnering with the City of Friendswood, the honors luncheon partnering with' Friendswood Independent School District (FISD) and Clear Creek Independent School District (CCISD); member appreciation luncheon, Halloween in the Park attended by close to 6,000 people, partner with the City of Friendswood on the Broker Developer Gold Tournament, the Fig Festival and car show, the Fourth of July raffle, the Christmas lighted day parade is growing each year, and the Annual Chairman's Gala to end the year. The Chamber relies on the funds the City of Friendswood generously provides each year that provides the opportunity to help promote businesses and good value community events that are family oriented. On behalf of the Board of Directors, Mr. Provenzano stated the Chamber of Commerce looks forward to continuing the relationship with the City of Friendswood, and to have an active Chamber that promotes businesses and provides the community with quality events, and thanked Council for then support. Mayor Holland thanked the Chamber of Commerce for all that they do for the City of Friendswood. CITY MANAGER'S REPORT City Manager Roger Roecker reported that at the September 5, 2012, Rotary Club meeting, Friendswood Club President Allan Rasmussen presented the Officer of The Year Award to Friendswood Police Officer, Brandon Blair. Recently, Officer Blair was awarded the Fifty Club of Galveston County's Officer of the Year Award at their 41 st Annual Luncheon in Galveston. Officer Blair has served as an officer with the City of Friendswood for six years and is being honored for his excellent service to the community, outstanding law enforcement efforts and his extensive accomplishments in finding and arresting persons with outstanding warrants. Officer Blair has acquired a reputation for consistently taking on additional duties during his regular patrol shifts. He began his law enforcement career with the Brazoria County Sheriffs Office nine years ago, but as soon as he came to Friendswood Police Department, he took on additional duties as a Field Training Officer (FTO). He routinely comes in before his shift to research outstanding warrants. His arrest record (over 200 last year) and follow-up investigations demonstrate his work ethic and general demeanor. The City Manager reported the Texas Department of Transportation's contractor is currently working to repave all lanes of FM 518 (also known as Friendswood Drive) from approximately FM 2351 to Castlewood Drive. This project also consists of replacing car sensors for traffic signals that are located beneath the roadway. While rehabilitation has already begun on the northbound lanes of Friendswood Drive, more asphalt will be laid down on that side of the road before that portion of the project is complete. This includes adding an additional layer of asphalt on the outside lane that already contains one layer of new asphalt. The striping that was recently applied in the northbound lanes is temporary and will be covered with another layer of asphalt before completion. The project is scheduled for completion ' in approximately 6 weeks, weather permitting. Periodic alternating lane closures are expected throughout this project. 10/01/12 4016 The City Manager reported in October of 2003, the City teamed up with the Friendswood Chamber of Commerce to conduct the first Annual Broker Event on the same day as the Chamber's Annual Golf ' Tournament. This year's Tenth Annual Broker and Developer Day Event and Fifteenth Annual "Swing into Fall" Golf Tournament will be held on Thursday, October 11, at Timber Creek Golf Club. Each year, there are about 50 attendees at the workshop, and many of these stay to participate in the Chamber's golf tournament. This year, Patrick Jankowski, Regional Economist and Vice President of Research of the Greater Houston Partnership and Keith Schoonover, Community Development Manager of Friendswood Development Company will be featured speakers at the event. The Mayor, the Chair of the Community and Economic Development Committee, and Staff will make presentations and interact with the commercial brokers interested in doing business in our city. The City Manager reported the Friendswood Volunteer Fire Department (FVFD) will host their annual Open House on Sunday, October 14, 2012, from 1 p.m. to 5 p.m. It will be held at Fire Station No. 1 in front of Stevenson Park on Friendswood Drive. The City contracts with the FVFD to provide fire and emergency medical services to the citizens of Friendswood. The department responds to an average of 2,400 calls per year with approximately 90 volunteers operating from 4 fire stations. Emergency service is provided with 3 Mobile Intensive Care capable ambulances, 4 Emergency Medical Service first responder vehicles, 5 engines, 1 ladder truck and other support vehicles. The City Manager reported in conjunction with America Recycles Day, the City and Keep Friendswood Beautiful Committee are holding the Annual Fall Haul-A-Day, clean up and garage sale event on Saturday, November 3, 2012, at Centennial Park. This event is for the citizens of Friendswood. Free paper shredding is being sponsored by Copy Dr., or until the truck is full. There is a 200 pound limit of paper per vehicle. Items not included in shredding are three-ring binders, cardboard, floppy disks, hanging file folders, newspaper, microfiche, and video tapes. Only non-hazardous items will be accepted. Residents can donate garage sale items to Keep Friendswood Beautiful (KFB). Garage sale items can be dropped off the morning of the event at Centennial Park. All proceeds from the garage sale will benefit ' the beautification of City facilities and parks. KFB would like to encourage residents to bring items that would benefit the wildlife rehabbers in Friendswood. They need aquariums (do not have to hold water), dog and cat kennel carriers, clean rags (towels/shirts), and shallow crock bowls. These volunteers take care of the many injured wild animals that make their homes in Friendswood's green space. Hazardous Waste will not be accepted. ACTION ITEMS **Councilmember Hill moved to approve the General Land Office Disaster Recovery Round 2.2 Contract with the City of Friendswood and authorizing the Mayor to sign the contract and future documents associated with this grant project. Seconded by Councilmember Scott. The motion was approved unanimously. Mayor, Council, and Staff held a lengthy discussion regarding sidewalks and new bridge being included in the Friendswood Link extension, bike lanes are a City level decision, and residential right-of-ways. **Councilmember Scott moved to approve the Mayor to execute the contract for the lighting of Field 33 at Centennial Park and all contracts under Scenario 1 previously approved by Council, provided the projects totaled in Scenario 1 do not exceed the$250,000 previously approved. Seconded by Councilmember Rockey. Mayor Holland asked City Attorney Arnold Polanco about the legality of Councilmember Scott's motion, and Mr. Polanco stated cannot do Councilmember Scoffs motion as stated but only the contract that is on the agenda. **Councilmember Scott moved to approve a contract for the purchase of lighting for Field 33 at ' Centennial Park and authorizing the Mayor to execute the contract. Seconded by Councilmember Rockey. 10/01/12 4017 ***Councilmember Scott amended the main motion to approve the Mayor to execute a contract with ' Musco Sports Lightning for$88,000 to light Field 33 at Centennial Park. Seconded by Councilmember Rockey. The amended main motion was approved unanimously. Mayor Holland asked for a vote on the main motion. The vote was approved unanimously. Mayor, Council, and Staff held a discussion regarding the Musco Sports Lighting bid, compared warranty and maintenance issues between all bids, and funding for the project. **Councilmember Hill moved to approve Option B with a six foot high cyclone fence in and around Lake Friendswood. Seconded by Councilmember Rockey. ***Councilmember Brown moved to amend the main motion to include seeking bids for both Option B's. Seconded by Councilmember McGinnis. The motion was approved 5-2 with Councilmembers Hill and Scott opposed. The amended main motion was approved 6-1 with Councilmember Scott opposed. Mayor, Council, and Staff held a discussion regarding the scope of work, the two options being proposed, possibly delaying the fencing project until the bond election is determined, type of fencing needed, receiving bids for both fences offered in Option B before moving forward, and the height of the fencing. i RESOLUTIONS **Councilmember McGinnis moved to approve Resolution No. R2012-21 — A resolution of the City of ' Friendswood, Texas, Galveston/Harris counties, endorsing the reappointment of (3) three members an appointment of three (3) new members to the Galveston County United Board of Health. Seconded by Councilmember Rockey. The motion was approved unanimously. Council moved to Agenda Item 13C, Resolution No. R2012-23. **Councilmember Hill moved to approve Resolution No. R2012-23 - A resolution approving the participation in a Cooperative Purchasing Program pursuant to the authority granted by Chapter 791 of the Texas Government Code, The Interlocal Cooperative Act. Seconded by Councilmember McGinnis. The motion was approved unanimously. Council moved to Agenda Item 13B, Resolution No. R2012-22. **Councilmember Hill moved to approve Resolution No. R2012-22 - A resolution to adopt a Section 3 Plan to comply with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u) as it applies to the City of Friendswood's Community Development Block Grant — Disaster Recovery funded projects, and repealing all other resolutions inconsistent or in conflict herewith. Seconded by Councilmember Scott. The motion was approved 6-1 with Councilmember Scott opposed. Council moved to Agenda Item 13D, Resolution No. R2012-24. **Councilmember Hill moved to approve Resolution No. R2012-24 - A resolution approving the participation in the TIPS/TAPS Cooperative Purchasing Program for the Region VIII Education Service Center Interlocal Agreement by City Council. Seconded by Councilmember Scott. The motion was approved unanimously. 1 10/01/12 4018 ORDINANCES **Councilmember Scott moved to approve the Second and Final reading of Ordinance No. 2012-23 -An ordinance amending Chapter 86 of the Code of Ordinances of the City of Friendswood, Texas, to provide for the adoption of regulations requiring connection to the City's public water supply system; and providing for severability. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Rockey moved to approve the First reading of Ordinance No. T2012-24 -An ordinance amending Appendix B, Section IV of the Code of Ordinances of the City of Friendswood, Texas. Seconded by Councilmember Scott. ***Councilmember Rockey amended the motion to approve the First reading of Ordinance No. T2012-24 -An ordinance amending Appendix B, Section IV of the Code of Ordinances of the City of Friendswood, Texas with the understanding that Staff is to make changes noted by Councilmembers for the second reading. Seconded by Councilmember Scott. The amended motion was approved unanimously. Mayor, Council, and Staff had a lengthy discussion regarding modifications Council recommends prior to the second reading of the ordinance. **Councilmember Hill moved to approve the First reading of Ordinance No. T2012-25 - An ordinance amending Appendix D of the Code of Ordinances of the City of Friendswood, Texas, by providing for the adjustment to various process and permit fees. Seconded by Councilmember McGinnis. The motion was approved unanimously. **Councilmember Rockey moved to approve the First and Final reading of Ordinance No. 2012-26 - An ' ordinance approving and adopting the City of Friendswood, Texas, General Budget for the Fiscal Year 2012/2013; making appropriations for the City for such Fiscal Year as reflected in said budget, and making certain findings and containing certain provisions relating to the subject. Seconded by Councilmember McGinnis. The motion was approved 6-1 with Councilmember Brown opposed. **Councilmember Hill moved to approve the First and Final reading of Ordinance No. 2012-27 - An ordinance providing for the levy and collection of Ad Valorem Taxes of the City of Friendswood, Texas, for the Fiscal Year commencing October 1, 2012, and ending September 30, 2013; providing the date on which such taxes shall be due and payable; providing for penalty and interest on all taxes not timely paid; providing for severability; and repealing all ordinances or parts of ordinances inconsistent or in conflict herewith. Seconded by Councilmember Rockey.. The motion was approved 6-1 with Councilmember Brown opposed. **Councilmember Enochs moved to approve the First and Final reading of Ordinance No. 2012-28 - 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 XII" 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 Scott. The motion was approved unanimously. **Councilmember McGinnis moved to approve the First reading of Ordinance No. T2012-29 - An ordinance amending statutory cross-references contained in the City Charter of the City of Friendswood, Texas. Seconded by Councilmember Hill. The motion was approved 6-1 with Councilmember Brown opposed. 10/01/12 4019 COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Rockey stated he meet with a Cub Scout group earning their Citizenship badge, before the next Council meeting the Friendswood Historical Society will have their second annual Histoween, the event will include a spook house at the old Junior High, historical reenactment and a visit to cemetery, will be Thursday and Saturday of the last week in October, extended an invitation to Council for reenactors for this event. Councilmember Scott stated next Sunday he will be baptizing his daughter Haley and told his daughter he. loved her. Councilmember Brown stated she attended Teen Court, had a small docket, kids as jurors gave stiff penalties, lesson was do not do anything wrong, reminded Council of Senior Citizen's Veteran Day event. Mayor Holland stated he wanted to invite everyone to participate in National Night Out and October 20 at Stevenson Park is Red Ribbon week kick off. i Councilmembers Enochs, Hill and McGinnis and stated they had no report. CONSENT AGENDA *'Councilmember Brown moved to approve all items on the Consent Agenda as presented: A. Ratify and confirm the Mayor's recommendation to endorse the reappointment of Paul Maaz to a two-year term to the Board of Directors of the Harris-Galveston Subsidence District. B. Accept August 2012 Property Tax Report. Seconded by Councilmember Scott. The motion was approved unanimously. ' The meeting was adjourned at 8:58 PM. Mayor Kevin land Attest: of F ., Melinda C ;* kp City Secretary -O �N-1i ;•pp: