HomeMy WebLinkAboutCC Minutes 2012-11-05 Regular 11/05/12 4020
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
NOVEMBER 05, 2012 )(
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, NOVEMBER 05, 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 4:48 PM)
COUNCILMEMBER PAT MCGINNIS
COUNCILMEMBER JOHN SCOTT(Arrived at 7:40 PM)
COUNCILMEMBER DEIRDRE BROWN
CITYATTORNEY 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 Danny Mercer with Friendswood Church of Christ.
' Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas.
COMMUNICATION FROM THE PUBLIC
Roy Glanville, Friendswood resident, addressed Council and stated he was speaking on Agenda Item 17,
discussion and possible action regarding the City's Anti-Nimbyism plan in compliance with the State's Fair'
Housing Activity Statements-Texas (FHAST) requirements. Mr. Glanville stated Nimbyism began as an
acronym "not in my backyard", and came about in the 1980's a term for people who object to having
things in their own neighborhood that do not necessarily object to those located elsewhere. The term is
usually pejorative. Mr. Glanville stated as it is used by the City of Friendswood in his opinion constitutes
a representation of contempt for City of Friendswood residents. Mr. Glanville asked what is an Anti,
Nimbyism plan, if you do a Google search on this you will find many cities enacting Anti-Nimbyism plans
to silence their citizens. Once a City accepts federal funds, it has opened itself up to federal suits brought
by any person who believes that they are experiencing housing discrimination because of such things as
City ordinances, zoning requirements that prevent high density multi-family tenant housing. Mr. Glanville
asked what is FHAST, if you do a search on FHAST, you will find that FHAST is not discussed in the
Texas state code. Mr. Glanville stated he is before the Council today to challenge the fact that the
agenda alleges that the Anti-Nimbyism plan is a requirement of the state, and it is not a requirement. Mr.
Glanville asked if the current residents of Friendswood would benefit from the funds from big government,
stated he did not think so, but believed developers who wanted to use the City to reap federal funds
certainly would benefit. If residents want to keep the City of Friendswood as one of the top cities in the
United States to live in then they must participate in the City government. There are a lot of residents rn
the audience that do not particularly like the idea of the Anti-Nimbyism plan. Nimbyism is a pejorative
word and it shows disrespect for the citizens of Friendswood, and stated as a citizen of Friendswood he
opposes the City's Anti-Nimbyism plan, any expenditure of revenues on training the City Staff on FHAST,
and opposes the City's brainwashing indoctrination of its citizens which are merely performed for the
benefit of developers and secure federal funds which invariably has many strings attached.
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Joyce Poast, Friendswood resident, addressed Council and stated she is for the lane proposal for Falcon
Ridge Boulevard, sees speeding and traffic, something needs to be done, worried about kids going to
school and getting hit, worries about getting hit herself when she crosses the street when walking her
dog, anything to help slow traffic down would be good.
Lucy Stacy, Friendswood resident, addressed Council and stated she is speaking as a resident of
Imperial Estates and a resident of Friendswood, after Tropical Storm Allison completely destroyed her
and her husband's home in 2001 they were faced with an important decision to rebuild or relocate. They
had only lived in Imperial Estates for four years and loved their home and neighborhood. They elected to
stay and rebuild, a key factor in coming to the conclusion to stay was the fact that they were guaranteed
that the subdivision would remain a passive use green space in accordance with the Federal Emergency
Management Agency (FEMA) Hazard Mitigation Plan which was also the position of the City of
Friendswood for the past 11 years. They invested a lot of time, tears, sweat and capital to rebuild their
home. During the past several months, they feel as though they have come under attack by members of
the City Staff from one direction and then another. There seems to be no boundaries to the underhanded
tactics of Staff members willing to deploy in the relentless endeavor to invade their subdivision by
subjugating their property rights and violating the deed restrictions, sad day for all Friendswood citizens
and it is time for a change.
Amy Weber, Friendswood resident, addressed Council and stated she lives on Falcon Ridge Boulevard,
since the road has been opened to the school and West Ranch subdivision it has become a major
thoroughfare for Friendswood. Traffic is bumper to bumper at certain times of the day, lives near a stop
sign and it is impossible to get in and out of her driveway, an additional lane would benefit the
neighborhood. Ms. Weber asked Council to please consider the resolution on the agenda, and thanked
the City for their help.
Michael Stacy, Friendswood resident, addressed Council and stated City Manager Roger Roecker, ,
Assistant City Manager Morad Kabiri, and Community Services Director James Toney have deceived
Council and the residents of Imperial Estates. City Council based on misinformation provided by Mr.
Kabiri voted on August 6, 2012, to include Imperial Estates in the parks initiative known as Scenario No.
1. Mr. Kabiri represented to the Council that there were not any prohibitions posed by deed restrictions to
the City's authority to include Imperial Estates in Scenario No. 1. Once issues arose that challenged Mr.
Kabiri's position he recanted and acknowledged that there were impediments to the City's authority, this
fact renders the vote on August 6, 2012, void with regard to Imperial Estates, Mr. Kabiri's position has
morphed several times to include an effort to replat Imperial Estates subdivision in an attempt to exclude
the four privately owned properties, more recently Mr. Kabiri claims the authority to unilaterally create a
set of deed amendments that would affect only the City lots, once again an attempt to exclude the four
privately held properties. Council voted on September 10, 2012, to present deed amendments to the
residents in order for the residents to provide input. In a meeting called by the residents Mr. Roecker, Mr.
Kabiri, and Mr. Toney on November 01, 2012, admitted they had not given the residents any
amendments prior to the meeting. Once Staff members became aware of a challenge to their position
instead of consulting with Council they continued to advise Council that the requirement had been
satisfied and the instrument was ready for consideration. This action shows intent to deceive, now that
Council has been informed and knows the truth any vote against striking Agenda Item 18 and removing
Imperial Estates from Scenario No. 1 will be an informed and conscious decision to participate in a
conspiracy to deprive the residents of their legal rights and due process and knowingly circumvent the
unanimous decision and will of an elected body. The power and responsibility has been granted to
Council by the trust of the voters, to provide and guarantee an honest and forthright government, and
therefore it is time for change.
Jill Horn, Friendswood resident, addressed Council and stated on November 01, 2012, the residents of
Imperial Estates Section One called a meeting with the City Manager Roger Roecker, Assistant City
Manager Morad Kabiri, and Community Services Director James Toney. The purpose of the meeting was
for the residents to express concerns about an agenda item to amend deed restrictions for Imperial
Estates Section One.
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City Staff was informed by residents that bringing amendments to Council was premature due to the
specific instruction given to Staff by Council to meet with the residents first to get input prior to bringing a
proposal back to Council. At the meeting Staff tried to convince residents that Staff had met the
requirement set by Council. Staff admitted the proposal being passed out at the meeting had been
created the week before the meeting. The fact that tonight's Agenda Item 18 is still on the agenda
indicates a refusal, indicates willful intent to deceive members of Council into believing that the Council's
requirement had been fulfilled, breach of trust by Staff has destroyed confidence in the City. If the City,
would like to improve the area mentioned it should maintain the Keep Friendswood Beautiful theme. I'
Donna Broom, Friendswood resident, addressed Council and stated she lives in Friendswood Lakes,i
thanked the Mayor and Councilmembers McGinnis and Brown for attending the National Night Out event!
held in October, thanked Councilmember McGinnis for helping to get Life Flight to land, hold event every,
year, 300 residents come and get together, City services attend such as the Police Department and Fire
iDepartment, appreciates the joint cooperation received from the City.
Planning and Zoning Commission Chair Mark McLean presented a plaque to Mayor Kevin Holland
thanking him for his outstanding leadership and years of service on the Planning and Zoning Commission
that he faithfully served on for many years before being elected Mayor to continue his service to the City.G
He stated the plaque is signed on the back by all current members of the Planning and Zoning'
Commission, and also the current City Council.
Debra Ponchetti, Friendswood resident, addressed Council and stated she is speaking on behalf of her
husband Mark Adams and herself, last few years there have been things that have clouded their joy of
living in Friendswood, became aware of potential risk to the character of Friendswood, speaking on the
treatment of the residents of Imperial Estates subdivision by City Staff. Staff continually refuses to follow
legal requirements and the will of the Council by excluding feedback from the Imperial Estates residents
concerning the proposed deed restrictions amendments, complete disregard for provisions within the
deed restrictions that prohibit the creation of an unpleasant and obnoxious environment to the residents:
If the City proceeds without enforcing proper procedures this could potentially affect the standards by
which all Friendswood residents are treated in the future. Understands the City owns most of the land in
Imperial Estates, but Staff will not live in the environment once deed amendments are approved. There is
resistance from City Staff to negotiate with the residents of Imperial Estates for a compromise of the
proposed park development. She stated she works for the State of Texas, is aware that all government
processes are regulated and the need for this measure of accountability should protect the citizens from
government employees behavior that could be detrimental to citizens lives, and requests Agenda Item 18
be removed.
Paul Horn, Friendswood resident, addressed Council and stated he lives in Imperial Estates, and asked if
Council is prepared for the cost of a long protracted legal battle, recent meetings with City Manager
Roger Roecker, Assistant City Manager Morad Kabiri, and Community Services Director James Toney,
are putting on a path of no return. Council has been asked to vote on Agenda Item 18 based on
fabricated information provided by Mr. Kabiri. City Staff mislead Council about events that were
requested by Council at the last Council meeting. Staff was instructed to meet with residents and see
what possible deed restrictions the homeowners might consider amending, meeting has not taken place.
Further contest the Council's legal authority to the vote taken August 06, 2012, approving Scenario No. 1
as applied to the Imperial Estates subdivision. As it concerns certain proposed improvements that are
restricted by the existing deed restrictions because of a deliberate effort to mislead Council by Staff. The
deed restrictions are currently enforced and apply to all lots inside the platted subdivision, deed
restrictions do not go away with new ownership. The City has a special conveyance that must be
followed concerning the lots acquired through the voluntary buyout program attached to the warranty,
deeds those stated special conveyance in no way apply to or replace the covenants outlined in the
subdivision original deed restrictions. Members of Council should read the deed restrictions instead of
relying on Staffs interpretation. A majority of the lot owners can amend the deed restrictions, there are
limits to and as to what would be acceptable, deed restrictions do provide for blockage of such heavy
handed action that has been proposed by Staff.
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Mr. Horn further stated if Council proceeds to vote on amending current deed restrictions based on
information provided by Staff he feels Council will be doing a disservice to all the residents of
Friendswood, and asked the City Attorney if he could explain the false statement regarding the open
records request he made in the August 2012 letter sent to the Attorney General stating that the City of
Friendswood did not have an Ad-Hoc committee as of August 30, 2012, two months after the Ad-Hoc
Committee was formed by Council.
SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS
Mayor Holland thanked the members of the Chamber of Commerce Leadership Friendswood Class of
2012 for taking an interest in the City of Friendswood. The Mayor read the names of the members of the
Leadership Friendswood Class of 2012 which are Robert Rinehart, Stephanie Karacostas, Charisse
Edwards Arning, Genie Balderaz, Kam Hasmukh, Bill Provenzano, Kirk Lippert, and Kenneth Holbrook.
WORK SESSION
Mayor Holland opened the discussion regarding a potential Bond Issue for 2013. City Manager Roger
Roecker stated Staff had prepared a brief PowerPoint presentation, and Assistant City Manager Morad
Kabiri presented the PowerPoint presentation highlighting the goals, the process of selecting projects and
seeking citizen input, Capital Improvements Program projects, and available funding options in regards to
a potential Bond Issue for 2013, and stated Staff is looking for guidance from Council on how to proceed.
Councilmember Brown stated the sales tax election had been discussed and Council denied, thought the
Bond Issues had been narrowed down in the retreat to parks, library, and streets, why are there other
items listed, would like to move forward on items there was a consensus on.
Councilmember McGinnis stated in discussing citizen committees, Council should put together the '
committee, asked if MindMixer was funded with this budget year, and the City Manager stated MindMixer
was not funded but a citizen survey was funded. Councilmember McGinnis further stated the tax
increase would be another layer of bureaucracy to go down, Council should get input from the committee
liaisons to make a decision.
Mr. Kabiri stated the sales tax issue was not seconded, Staff is just reminding Council that other revenue
is available, alternative funding could be applied to street maintenance.
The City Manager stated there has been a lot of discussion by Council regarding sales tax for street
improvements, if the consensus of Council is the projects have been narrowed down then Staff can focus
on those issues,just wanted to remind Council of other successful efforts and what has been done.
Councilmember Hill stated he has spoken to citizens that support the sales tax issue, others will look at it
as a tax increase, has to be explained that it is being paid in surrounding areas, amounts to a lot of
money for the City, does not know how to get the word out to citizens that funding is needed for streets,
do not have excess money in the budget to pay for a lot of improvements, keep bringing up parks projects
but how will you pay for maintenance, economy is tough, people are stretching their dollars, would
support a bond issue for streets and library but not necessarily parks, when bonds are issued for 30 years
the people who will be using the facility for the next 30 years will pay for it.
Councilmember Enochs stated as long as Council comes together for what is good for Friendswood, what
is the vision and what will it cost, until Council knows what that is does not know if it should be a bond
election or a sales tax increase, is in agreement that roads, library, and parks have been neglected in the
past, need to prioritize and how to fund the projects, agrees with sales tax election, it is a tax increase, a
shared tax, does not increase property tax but will spread among people doing business in Friendswood.
Councilmember Rockey stated he appreciates the information, was new information to him, interested in
the process that will be followed, complex issue, does not think a regular Council meeting with other items
on the agenda would be good, have a workshop where the only topic is bond issues.
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Mayor Holland stated he appreciated the information, was also new information to him.
' Councilmember Brown stated she agrees with the need for a workshop for bond issues, invite all
concerned so can have a dialogue with those groups to hash out priorities, the City cannot campaign for
bonds, more people that get involved the more buy-in they have.
Councilmember Enochs asked Mr. Kabiri if he got what he needed from the discussion, and Mr. Kabiri
stated Staff will schedule another work session specifically for the bond issue. i
Mayor Holland opened the discussion regarding the Community and Economic Development
Committee's Annual Report. Economic Development Coordinator Karen Capps introduced they
Community and Economic Development Committee (CEDC), the committee wanted to get in front of
Council to give their annual report.
Community and Economic Development Committee Chair Skip Evans stated the committee is at full
membership but one member is resigning due to health reasons, main thing focusing on with coming to'
Council is the opportunity for economic development at the FM 528 corridor, records show property'
generates sales tax for the City, committee has talked to people that own some of that property, the
committee would like to let Council know if there are opportunities for infrastructure to be built for future
activities, CEDC would like to get with other committees to get on the same page. There is a lot of
potential with property in the panhandle, whatever can be done to build infrastructure and enhance that
area is good. The CEDC is also involved with promoting the City through marketing plans such as
newspapers, online activity, broker development activities, Live Here Work Here and the efforts of the
committee and CEDC Coordinator Karen Capps has resulted in receiving some significant awards that
the committee is proud of.
CEDC Coordinator Karen Capps stated there is infrastructure in panhandle, already zoned for a shopping
center, the back part is industrial, now that there is infrastructure there has been interest in developing!
some are retail, and some are light manufacturing. On the FM 528 corridor there has been a lot of
interest, there is concern with some of it becoming residential and not using as commercial.
Community and Economic Development Committee Chair Evans stated CEDC would like to encourage
the Planning and Zoning Commission along with Council to keep the FM 528 properties commercial to
help diversify the tax base.
Community and Economic Development Committee member Dr. Hilmar R. Zeissig stated Friendswood is
a zoned community so hopefully there are no zone changes being made that are not of the political
opinion of the City. There should be a reserved acreage amount for commercial development in the City,
if Council approves and budget allows, recommends doing the infrastructure improvements to show the
interest the City has in developing these areas.
Councilmember Hill stated all zoning changes have to be approved by Council, and asked Assistant City
Manager Morad Kabiri what it would cost to run water and sewer to the southeast corner of FM 528, can
the City charge impact fees to tie into it, and Mr. Kabiri stated to run water and sewer is a range of$3.5 to
$6 Million in infrastructure cost, would need to get right-of-way and easements secured, can do Impact
Fee but is up to Council how to access the fee.
Mayor Holland asked if the City paid to put in the infrastructure, can the City back charge a developer
once they start developing, and Mr. Kabid stated yes, but there are hurdles to go through first.
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Councilmember Hill stated that is what he had in mind.
' Community and Economic Development Committee Chair Evans asked Ms. Capps to inform on the
alternatives for public infrastructure.
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Economic Development Coordinator Karen Capps stated the City can put in and charge an Impact Fee,
can do districts but are usually developer driven, those districts cost to formulate and maintain, if City puts '
in the infrastructure the zoning needs to be in place.
Mayor Holland asked Assistant City Manager Morad Kabiri to comment about the panhandle
infrastructure being put in, and Mr. Kabiri stated was funded with grant money sought out by Karen
Capps, and Ms. Capps stated it was from disaster recovery funds. Mr. Kabid stated had no easement
issues either in the panhandle.
Councilmember Brown stated infrastructure has been in place for a while, grant made it possible to do
sooner, there was communication issues, FM 528 could have been an opportunity but this was already in
place. The genesis of getting the awards were with the committee,in 2006. Had concerns with marketing
and did a draft marketing plan, asked why money was spent advertising in local papers, why is
Friendswood Reporter News not being used, why are they not being used in both papers.
Economic Development Coordinator Karen Capps stated there are not online ads with the Reporter, Live
Here Work Here concept, committee talked about tapping into citizens that live here to move their
businesses here, cannot get online ads with Friendswood Reporter News, Houston Community News
was cheaper for print ads, have since talked to Friendswood Reporter News and they stated they would
bring price down, have used Galveston Daily News online as well. Ms. Capps used WhichWhich as an
example, owner is a resident of the Bay Area, has another business in Pasadena and decided to open a
business here in Friendswood.
Community and Economic Development Committee Chair Evans stated the committee is trying to do Live
Here Work Here, recently had a Friendswood resident who had a business in Pearland and moved it
here.
Councilmember Brown stated most of the residents do not read the local papers, advertising started in '
2011, suggested using Facebook, is a passive way to get advertising at a much lower cost than any of
the newspapers, can setup and pay per click, suggested using the current Facebook CEDC has, there
are only 36 Likes to the page, there are only certain Friendswood businesses that have been Liked on the
page, need to Like all of them, looks like showing favoritism.
Community and Economic Development Committee member Brett Banfield stated the committee is
looking for direction from Council, and needs clarification, would like to get all the committees throughout
the City together to all be on the same page.
Community and Economic Development Committee member Dr. Hilmar R. Zeissig stated if a City does
not have initiative then it will not have certain things, that is why the push for development has to come
from the politicians.
Councilmember Brown stated she agrees with respect to rezoning issues and FM 528 corridor, suggested
the committee reach out to the Harris County Public Infrastructure Department Director, should invite him
to come to Friendswood since the largest tracts are in Harris County, did not have a direct contact with
Harris County Commissioner's office, need to forge better partnerships with Harris County
Commissioners to get the properties developed commercially. One tract that may cause concern is the
Whitcomb property because it is a Planned Unit Development. She stated she would like to see a better
emphasis on FM 528, have an obligation to develop the Jann tract with the City's developer agreement, if
doing advertising in print ads then that needs to be included, appreciates the work of the committee, the
ideas the committee brings forward is what gets economic development moving.
Councilmember McGinnis stated maybe Council should get feedback from different committees, CEDC
suggested they need a workshop with several committees together, later in the agenda may discuss '
revising the City's Master Plan.
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Councilmember Enochs expressed his appreciation to the committee, knows they work hard to bring
' business to the City, keep up the good work and the communication.
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Councilmember Rockey stated the committee does a great job, question he gets all the time is when will
Friendswood get a Whole Foods Market.
Community and Economic Development Committee member Dr. Hilmar R. Zeissig stated he knows
someone in Austin and is very hard to get a Whole Foods Market into a normal community like
Friendswood, hard to make a case to Whole Foods due to the fact that they have thousands of highly
qualified proposals mainly by developers, tough competition regarding Whole Foods.
Councilmember Brown stated Nature Food Stores have been looking in the Bay Area. There was a blog
by Josh Linkner that says doing a traditional route will not get you results, may need to get pushing, think
outside the box and push new ideas, with enough groundswell Whole Foods may get here. She stated
she knows CEDC does not allow open comment, may need to reconsider, have talked to some who have
no objection, encourages a town hall meeting in the evening.
City Manager Roger Roecker stated he wanted to make sure the committee had gotten the input and
direction from Council that they needed.
Community and Economic Development Committee Chair Evans stated he is not worried about thinking
outside the box, main concern is that some of the properties do not switch to residential.
Mayor Holland stated he heard CEDC would like a workshop with other committees.
Community and Economic Development Committee Chair Evans stated CEDC is in the process of
' looking at a municipal grant program and will look at potential changes to bring back to Council. i
Councilmember McGinnis asked who developed the front area of Nassau Bay across from the NASA
entrances and would that be a possibility.
Bay Area Houston Economic Partnership Executive Director Dan Seal stated the area was developed by
Griffin Partners, has taken many years to get the project completed, former owners had no interest in
developing, there is some type of incentive program in place for the developer, as property values go up
some of the increase in tax revenues go toward further development, is expensive to do those things but
with the right type of property should do, there are many quality developers around the area, seeing a
community where everyone is pulling in the same direction draws developers, if all are pulling in a
different direction developers start to worry about their investment.
City Manager Roger Roecker asked regarding the marketing plan or strategic plan that CEDC is working
on, is Council input needed.
Community and Economic Development Committee Chair Evans stated the committee would welcome
feedback, have done a lot of work on it. i
Councilmember Brown stated Nassau Bay's politician's worked hard to recruit developers to come to the
area, a lot of networking involved, on marketing issues are a step above with the marketing plan and
strategic plan, suggested a marketing professional to assist, make sure maximize exposure of awards
received.
Mayor Holland thanked CEDC for their work, understands sometimes it is like pushing a boulder up a hill
' but the committee has Council's support.
With concurrence of Council, Mayor Holland moved to Agenda Item 7, Closed Executive Session.
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CLOSED EXECUTIVE SESSION
"Councilmember Brown moved to take minutes of the Executive Session meeting. '
Seconded by Councilmember McGinnis.
Councilmember Brown stated Council had received on opinion from the Galveston County District
Attorney stating that it is his opinion that minutes need to be taken of the Executive Session meetings,
and stated she will attend the meetings if it met with the approval of the District Attorney, as long as
minutes are taken in the meeting it would meet the District Attorney's-approval, in the past Council has
refused to take minutes when the motion was proposed.
Councilmember Rockey stated there have been minutes taken since he has been attending Executive
Sessions.
Councilmember Brown stated there is only a certified agenda that is taken, how come minutes are not
circulated to Council for approval, and Mayor Holland stated because it is a closed Executive Session.
Councilmember Rockey asked is the question to keep minutes like Council has been keeping minutes in
Executive Session, or is this a request of something different.
Councilmember Brown stated she has a concern because for the first time she is learning that minutes
have been kept of an Executive Session. Councilmember McGinnis and herself had requested to see
certified agendas in the past, those would never classify as minutes, has seen the first certified agendas
the current City Secretary did. Councilmember Brown further stated she made a motion at a prior Council
meeting to take minutes of the Executive Session and that motion failed, suggested to the public that
minutes were not being taken, now being told minutes have been taken despite the fact that the motion
failed, why did the motion fail if minutes were being taken. ,
Councilmember Jim Hill stated he did not think minutes were taken,just the certified agenda.
City Secretary Melinda Welsh stated with the certified agenda there are actually certain rules on what
should be taken, basically a general overview of what was discussed in Executive Session, no decisions
or actions are made, have gone over Executive Session envelopes with Councilmember Brown, is the
minutes Councilmember Brown requesting the same as the certified agenda being done currently or is
she requesting something different.
***Councilmember Brown amended the main motion to take minutes for the Executive Session consistent
with the style and manner that minutes are taken for regular meetings for, November 5, 2012 only.
Seconded by Councilmember McGinnis. The amended motion failed 2-4 with Mayor Holland and
Councilmembers Hill, Rockey, and Enochs opposed.
Councilmember McGinnis stated Council received a letter from Galveston County District Attorney Roady
regarding Council's conduct of Executive Sessions. Councilmember Brown has not been attending due
to questions she had regarding if the City was properly conducting Executive Session. District Attorney
Roady is in the affirmative with the conduct of Council in Executive Session, suggested taking minutes in
order to get Councilmember Brown to attend this Executive Session. In the past the question has been
whether or not to record the Executive Session versus taking minutes.
City Attorney Arnold Polanco stated the practice the City has been following satisfies state law, would
need to have discussion in Executive Session regarding the requirement of minutes.
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Councilmember Brown stated the concern she has had is that there could be potential criminal penalties i
Council attends meetings that do not comply with the Charter and State law, one thing to have the opinion,
of the City Attorney but the District Attorney's letter states his opinion is that the Charter requires for
minutes to be taken and recorded of Executive Session meetings, problem is Council did not amend
Charter to clarify, so she has requested clarification from the District Attorney in order to feel comfortable
to attend.
Councilmember Rockey stated he understands the way Council is conducting Executive Sessions is
legal, the District Attorney stated Council should provide for minutes and the question of whether the
minutes are public is a different matter. I
Councilmember Enochs stated it was his understanding that there were multiple reasons foil
Councilmember Brown not attending Executive Session.
Councilmember Brown stated she is not sure where the confusion is, all of Council has received the
correspondence with the District Attorney stating she would attend Executive Sessions if the District
Attorney ratified the meetings. The District Attorney opinion is two parts, first part states if the meetings
are not being held in the appropriate manner then they are not being held appropriately, since the prior
vote was for Council not to take minutes she needs confirmation that Council will require the City
Secretary to take minutes, is a simple issue, City Attorney can differ with District Attorney.
City Attorney stated he had discussed with the District Attorney, is aware of two Attorney General)
opinions on the matter of minutes.
Councilmember Brown stated she has asked the City Attorney for the information, and he has provided
no cites in response to her request.
' Mayor Holland stated the City Attorney is advising that Council is abiding by the law.
Councilmember Enochs stated the motion is vague, what is the definition of minutes.
Councilmember Brown stated consistent with how minutes are taken for regular meetings, minutes folr
regular meetings for discussions basically give a synopsis of the discussion.
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Mayor Holland stated that is consistent with the way Executive Sessions have been done, hearing a
consensus that minutes will continue to be taken in the manner they have been.
Councilmember McGinnis clarified for Councilmember Brown for this Executive Session rather than
having the certified agenda Council should keep minutes which give a synopsis of the discussion, is in
favor of the motion if that is what it takes to get Councilmember Brown to attend the Executive Session.
City Secretary Melinda Welsh stated she needs clarificatidn as to what would need to be changed in
regards to minutes if the motion is approved, a synopsis of the discussion is what is currently done during
the Executive Session. Councilmember Brown stated that would differ from past procedures, somewhere
along the line procedures changed, thought Council would have been informed of a change. The City
Secretary stated she has done a synopsis on the certified agenda since the beginning, not sure of any
change in procedure.
Mayor Holland suggested to Councilmember Brown if she would attend Executive Session she could see
the procedures and that would remedy the questions.
Councilmember Brown stated her concern is that she has been given misrepresentations in the past,
' does not want to attend an Executive Session, needs clarity now that there will be a synopsis.
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City Manager Roger Roecker stated he would like to clarify with the City Secretary that she gives a
synopsis or a summary of the discussion in Executive Session, Council meeting minutes are very
detailed, there are two different types of minutes.
****Councilmember Brown amended the amended main motion to confirm minutes will be taken in
Executive Session. Councilmember McGinnis stated that is the same thing Council has been saying so
cannotsecond.
Councilmember Rockey called the question. The vote to call the question was approved 6-0.
Councilmember Brown made a Point of Order.
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 5-1 with Councilmember Brown opposed.
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)
Council reconvened into Open Session with no action taken later in the meeting.
RECONVENE INTO OPEN SESSION ,
Councilmember Brown was absent from Council Chambers.
With concurrence of Council, Mayor Holland moved to Agenda Item 11A, Annual report from Dan Seal,
Executive Director with Bay Area Houston Economic Partnership.
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
Bay Area Houston Economic Partnership (BAHEP) Executive Director Dan Seal gave the annual report
and stated it has been a busy year and a pleasure working with the City of Friendswood. BAHEP has
been working to promote the business climate of Friendswood and to preserve the high quality of living
that all enjoy. The BAHEP contract stipulates that they accomplish a number of things each year and
recap those accomplishments. He stated advocacy has been a fundamental priority of BAHEP since it's
inception 35 years ago, went to Washington D.C. in June for the Annual Citizens for Space Exploration
Advocacy to meet with Congress to discuss the benefit of space exploration, message of the importance
of NASA was delivered to each congressional office with the help of Councilmember Enochs and
Galveston County Judge Mark Henry. One of BAHEP's core activities is new development which leads to
economic prosperity for the region, currently pursuing 47 project leads in the region, this is a very full
sales funnel and they are expecting good things in the future. There have been four major winners
announced that will be locating in the region which are Katoen Natie's expansion, Kuraray America's new
chemical plant and expansion of its production facility, Burrows Global expansion and relocation to the
Bay Area Houston, and Universal Weather and Aviation's relocation of its corporate headquarters to the
Hobby Airport area. BAHEP has hosted three national site consultants this year and attended several
conferences including the Heli-Expo Conference in Dallas, the Commercial Real Estate Expo, the
Biotechnology Conference in Boston, and the National Business Aviation Association conference in
Orlando, discussed the benefits of locating a business in the Bay Area Houston at each of the '
conferences.
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BAHEP showcased Friendswood real estate opportunities to more than 140 brokers and developers
during BAHEP's Business Development Reception, representatives from Friendswood and BAHEP
discussed strategic real estate opportunities for future Friendswood growth. BAHEP is continuing to work
with national retailers to promote the advantages of setting up shop in Friendswood. BAHEP is thrilled to
announce the groundbreaking of the new Coast Guard Sector Houston headquarters facility at Ellington'
Field. It has been a busy year and BAHEP is proud of their successful relationship with the City of
Friendswood.
With concurrence of Council, Mayor Holland moved to Agenda Item 9, Special Recognition and
Acknowledgements.
SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS
City Manager Roger Roecker presented the Five Star Spirit Award. The Five Star Spirit Award is give
each quarter to an employee who has exhibited the five characteristics on which the award is based
Courteous, Competent, Reliable, Professional and Enthusiastic. The recipient for the third quarter of
2012 is Brenda Feaster. Ms. Feaster is a Library Associate in the Children's Department at the
Friendswood Public Library, and was nominated by a citizen that stated what a wonderful job Ms. Feaster
does with the children. The City Manager thanked Brenda for her hard work and recognized her family
which were in attendance.
Library Associate Brenda Feaster stated it is an honor to receive the award, accepts the award for the
employees that are behind the scenes right next to her working.
COMMUNICATIONS FROM THE PUBLIC
' David Allen, Friendswood resident addressed Council and stated he was reading a statement for Ruth
Pifer since she had laryngitis concerning the International Property Maintenance Code (IPMC). The
current guidelines the City has are sufficient, IPMC is very restricting and infringes on individual property
rights, urges Council to vote against the IPMC for Friendswood.
David Allen, Friendswood resident, addressed Council and stated Congress said Smart Meters are not
mandatory in Texas, there are quite a few disadvantages to using the Smart Meters and too much
control, if anyone would like info regarding this contact him via email Ee4texas(cDVahoo.com. Spoke on
Item 17 on Anti-Nimbyism, is against it, this is America and the citizens of Friendswood should be able to
practice their first amendment right.
Jim Jamail, Friendswood resident, addressed Council and stated he would like to speak regarding
Friendswood Lake, does not think it should open until is done right, cannot build a roadway going to the
lake without an engineer, not sure it is a wise use of taxpayer's money, park should be integrated with
existing property owners and be done right, heard the City will lose control if sold, City should retain, has
offered to help, take it to the voters.
Steve Buending, Friendswood resident, addressed Council and stated he is the Falcon Ridge Community
Association President, has seen a lot of change on the main road with the opening of the school, is now a
main thoroughfare, and applauds the line striping on the road.
Councilmember Brown returned to Council Chambers at this time.
Council moved to Agenda Item 6C, discussion with Planning and Zoning Commission.
' WORK SESSION
Mayor Holland opened a discussion between Council, Staff, and the Planning and Zoning Commission
regarding a proposed Single Family Residential— Estate (SFR-E)Zoning category.
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Planning and Zoning Commission Chair Mark McLean opened the Planning and Zoning Commission's
portion of the joint discussion. Planning Manager Nick Haby explained the history on SFR-E, Council
instructed the Planning and Zoning Commission (P & Z) to get feedback and come back. In the last
several years, issues have arisen regarding applications proposing to subdivide large lots in existing
neighborhoods into smaller lots, owners of the adjacent large lots expressed concern, if there is no
Homeowners Association (HOA) or current deed restrictions, subdivisions are only restricted by the
Subdivision and Zoning Ordinances of the City. Council began to consider the Single Family Residential
— Estate (SFR-E) zoning district that existed in the Zoning Ordinance but at the time no properties had
been zoned for SFR-E. On the Future Land Use Plan over 2,500 acres were identified as eventually
being zoned SFR-E, as of now there are only two current properties zoned SFR-E and that was
accomplished by efforts of the property owners. The SFR-E is the most restrictive residential district in
Friendswood, requires a minimum of a two acre tract, allows one single family dwelling unit per two acres,
and requires larger setbacks than Single Family Residential. The P & Z recommendations have been
provided to Council.
Planning and Zoning Commission Chair McLean stated he would defer to Planning and Zoning
Commission member Mark Tibbitts since he conducted the town hall meetings with the public.
Planning and Zoning Commission member Mark Tibbitts stated the recommendations given to Council
from P &Z were the results of numerous town hall meetings with the public.
Councilmember Hill asked regarding Item 3 on recommendation, does it mean that if 80 percent of the
residents agree to rezone then P &Z will rezone as SFR-E, and Mr. Tibbitts stated yes.
Planning and Zoning Commission member Tibbitts stated one of the unintended consequences when
zoning property is residents are protecting their neighbors instead of their own property.
Councilmember Hill stated he attended all the public town hall meetings, there was a lot of concern ,
regarding property rights, has a problem with proactively rezoning property, has no use for it.
Councilmember Rockey asked why 80 percent instead of another percentage, and Mr. Tibbitts stated P &
Z tried to use a number that would require a large majority of the people in the area, debated 100 percent,
80 percent would be a high threshold to meet in order for residents to protect their neighborhood.
Councilmember McGinnis stated he agrees with Councilmember Hill, is skeptical of the idea, was able to
attend one of the public meetings, there were some strong proponents and few were against, only two
homeowners have done.
Planning and Zoning Commission member Tibbitts stated 15 residents have applied, but P & Z decided it
would be best to wait until this was decided.
Councilmember McGinnis stated lots are small in City of West University, value is high and homes are
nice, does not know how Council can know the highest and best use of those properties 15 to 20 years
from now, is a property rights issue, 80 percent is high but it still means 80 percent of residents are
protecting themselves by limiting the property rights of the other 20 percent.
Planning and Zoning Commission member Tibbitts stated does not prohibit lots being subdivided, only
restricts the minimum size of the lots once subdivided, one of the recommendation from P & Z was to
reduce the minimum size from two acres to one and a half acres.
Planning and Zoning Commission Chair McLean stated P &Z needs direction from Council, there are 15
pending applications at this time, need to communicate with these residents if P & Z will not be
proceeding forward, asking Council if they would like P &Z to proceed forward or drop the issue.
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Mayor Holland stated he remembered when this first came about five years ago, believes Council shout
cease and desist, the intent was to try and limit population to under 50,000 along with traffic issues.
Mayor Holland asked for consensus that P &Z should not move forward regarding SFR-E. All of Council
shook their heads in agreement for a consensus to not move forward. P & Z should contact the two
residents that have already done, and the 15 pending applications to advise them of Council's decision.
With concurrence of Council, Mayor Holland moved to Agenda Item 8, Joint Public Hearing.
JOINT PUBLIC HEARINGS
Mayor Holland and Planning and Zoning Commission Chair Mark McLean called a Joint Public Hearing to
order to receive comments from the public, both oral and written regarding amending Appendix C, Zoning
Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to Section 7.P.
Permitted Use Table, to add NAICS Use#713940, Fitness and Recreational Sports Centers.
Planning and Zoning Commission Chair McLean asked if anyone would like to speak in favor or in
opposition of the request. No one spoke.
Planning and Zoning Commission Chair Mark McLean adjourned the Planning and Zoning Commission's
portion of the Joint Public Hearing. Mayor Holland left Council's portion of the Joint Public hearing open.
Mayor Holland and Planning and Zoning Commission Chair Mark McLean called a Joint Public Hearing to
order to receive comments from the public, both oral and written regarding amending Chapter 14, the City
of Friendswood Code of Ordinances, regarding vested rights.
Planning and Zoning Commission Chair McLean asked if anyone would like to speak in favor or in
opposition of the request.
Roy Glanville, Friendswood resident, addressed Council and stated he has read the ordinance and he
agrees with the proposed revision.
Planning and Zoning Commission Chair Mark McLean adjourned the Planning and Zoning Commission's
portion of the Joint Public Hearing. Mayor Holland left Council's portion of the Joint Public hearing open.
Mayor Holland and Planning and Zoning Commission Chair Mark McLean called a Joint Public Hearing to
order to receive comments from the public, both oral and written regarding amending Appendix C, Zoning
Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to Section 8.N!,
Downtown District supplemental requirements.
Planning and Zoning Commission Chair McLean asked if anyone would like to speak in favor or in
opposition of the request. No one spoke.
Councilmember McGinnis stated he noticed two Planning and Zoning Commissioners voted against the
amendments and wondered why.
Planning and Zoning Commission Chair McLean stated it was regarding the trash cans.
Planning and Zoning Commission member David O'Farrell stated the only item he did not agree with was
the trash cans, a layout was given to the commission by City Planner Mona Miller and Development
Specialist Aubrey Harbin of trash cans alternating on 500 foot increments down the main thoroughfare of
Friendswood, and he felt like on a large public gathering day there is expectation of a receptacle and
there would be trash on the ground in between the 500 foot increments.
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Planning and Zoning Commission member Mark Tibbitts stated he thought the criteria would be
incomplete without trash cans, trash has to be deposited somewhere, if there is no place to put it then it
will be dropped on the ground.
Planning and Zoning Commission Chair McLean stated the Planning and Zoning Commission got input
from developers regarding requiring trash cans, no telling what kind of trash would be placed in the
receptacle, putting onus on property owner and developer for getting rid of trash, for eating
establishments might be a good idea, would be breaking new ground by making owner responsible.
Planning and Zoning Commission member David O'Farrell stated front row trash cans are not where
onerous trash is usually put, landscape companies said they would manage.
Councilmember Scott asked why rule out the option for stamped concrete since it is cheaper for a
developer to match pavers.
Planning and Zoning Commission Chair McLean stated he does not think it reduces the cost, got input
from experienced developers about pavers versus concrete, other consideration was drought conditions,
much easier and cheaper to do pavers.
Mayor Holland stated stamped concrete is more expensive to repair, pavers are easier.
Planning and Zoning Commission Chair McLean adjourned the Planning and Zoning Commission's
portion of the Joint Public Hearings to the Executive Conference Room. Mayor Holland closed the Joint
Public Hearings.
Council moved to Agenda Item 11 B, Communications from Committees and Special Reports.
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS '
Friendswood Historical Society President Ann Whitaker gave the annual report. The Historical Society
continues to make it their mission to preserve and share the history and heritage of Friendswood, passed
out bookmarks with population info, provides docents every Saturday at both museums and upon special
request, welcomes third graders from Westwood and Cline Elementary schools for tours, also takes"trunk
shows" to the second graders at Westwood and Cline Elementary schools. Ms. Whitaker announced the
Histor-Ween program that was held and had student participation with a lot of imagination, had actors
portraying characters from Friendswood's past, had guides from high school groups, has been successful
for the last few years and have been able to give back to student groups. The Historical Society also
sponsors the Christmas tree lighting at the Frank J. Brown Museum, will have the choir from the Friends
Church Youth Group, gingerbread and wassail. The Historical Society provides upkeep for the museums
and historical buildings, this year much needed repairs to the Frank J. Brown museum, is proud of the
way the community has come together to provide funds for seven Quaker settlement sites around town, is
not just a dream anymore, thanked the City for all their support.
Councilmember Rockey stated a significant expense was made this year to re-side the Brown house at a
cost of$24,000. Histor-Ween had 340 people attend, and Councilmember McGinnis was an angel.
CITY MANAGER'S REPORT
City Manager Roger Roecker reported that the City's Economic Development Office recently received
three marketing awards from the International Economic Development Council (IEDC) for the City's Retail
Recruitment Advertisement, Live Here Work Here campaign, and New Business Guide. Friendswood's
Retail Recruitment Advertisement won a Gold award and the Live Here Work Here campaign and New
Business Guide both won Silver awards in the category for communities with a population of 25,000 —
200,000.
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The honor was presented at an awards ceremony on Tuesday, October 2, 2012, during the IEDC Annual
Conference in Houston which City Manager Roger Roecker and Economic Development Coordinator
Karen Capps attended. IEDC's Excellence in Economic Development Awards recognizes the world's
best economic development programs and partnerships, marketing materials, and the year's mosb
influential leaders. These awards honor organizations and individuals for their efforts in creating
positive change in urban, suburban, and rural communities. The International Economic Development
Council (IEDC) is the world's largest independent non-profit membership and research organization
devoted exclusively to the field of economic development serving more than 4,400 members.
The City Manager reported the Friendswood Volunteer Fire Department Emergency Management Services
(EMS) has been chosen to receive the EMS World Magazine's Volunteer EMS Service 2012 Gold
Standard Service of the Year Award from EMS World Magazine and Impact Instrumentation. This
significant honor bestows upon Friendswood Volunteer Fire Department EMS the"best of the best" rating
amongst its peers for their excellence and achievements. The award was presented at the opening'
ceremonies at the EMS World Magazine National Conference on Wednesday, October 31, 2012, at the
Ernest N. Morial Convention Center in New Orleans, LA. EMS Chief Lisa Camp was in attendance to
receive the award. This is the EMS Division's second national recognition for excellence and
achievements in emergency medical services.
The City Manager reported that Wednesday, November 7, the Friendswood Senior Citizen Program
along with AT&T Pioneers will be sponsoring the Third Annual Veterans Day Luncheon. The event
"Honoring Our Veterans", will be held at Jones Hangar in Leavesley Park. Highlights will include veterans
speaking about their military service, patriotic songs, and prayers for those who have served to protect
US.
The City Manager reported Pastor Ron Hindt of the Calvary Church contacted the City about younger
' members of the church community volunteering in some capacity to assist the City with cleanup projectsl.
Community Services Directors James Toney worked with the volunteer coordinator to set up the following
areas which were addressed on October 30, 2012. At Centennial Park — 15 to 20 young volunteers
cleaned concrete channels inside the retention fields and picked up trash around the park, Stevenson
Park— 15 to 25 young volunteers repaired and painted the Gazebo, picked up trash around the park and
pulled weeds in the flower beds, Old City Park— 15 to 25 young volunteers repaired and replaced wood
fencing around the horse arena, made repairs to the gate entrance and picked up trash around the park.
The City Manager thanked Calvary Church, Pastor Hindt, and this visiting youth group for their
contribution to the City's appearance and interest in giving back to the community.
The City Manager reported the Community Services/Parks and Recreation Department will be hosting th
annual Holiday Hustle 5K Fun Run/Walk and Kid's K on Saturday, December 1, 2012. The event will be
held at Stevenson Park, 1100 S. Friendswood Drive and is open to all ages. All 5K runners will be chip
timed. Runners receive a trophy for top female and top male in each age group, plus overall male and
female. All walkers and Kid's K participants will receive a ribbon. Door prizes will be given away to a
lucky few and a pancake breakfast will also be served for all participants. All proceeds from this event will
go to the Laura Recovery Center Foundation (LRCF) in Friendswood. To find out more information on
the LRCF, or to make a donation to the LRCF, please visit their website at www.iref.org.
ACTION ITEMS
"Councilmember Rockey moved to approve a contract with the Friendswood Historical Society for
maintenance and preservation of historical sites in the City and authorizing the Mayor to execute the
contract approving the budget amount of$15,000.
Seconded by Councilmember McGinnis. The motion was approved unanimously.
11/05/12 4035
**Councilmember Enochs moved to approve the appointments/reappointments to Group B Boards,
Committees, and Commissions as follows: Parks and Recreation Board to reappoint Mary Giles-Wise,
David Moritz, and Thomas Goodwin with terms to expire November 2015, Fourth of July Steering
Committee to reappoint Rachel Vargas, Robin Hall, and Darrell Fales with terms to expire November
2015, Keep Friendswood Beautiful Committee to appoint Charles Richardson with a term to expire
November 2015, and reappoint Kaye Corey, Paul Marx, Martha Cotton, John T. Merrifield, and Sherry
Goan with terms to expire November 2015, Investment Committee to reappoint Kathryn Atkinson with a
term to expire November 2015, Senior Citizens Advisory Committee to appoint Kay Griffin with a term to
expire November 2015, and reappoint Dorothy Moritz, Paul Gordner, Mary Jane Musser, Rae Powell,
Arthur Lizza, Frankie Santoro with terms to expire November 2015.
Seconded by Mayor Holland. The motion was approved unanimously.
Mayor, Council, and Staff held a brief discussion regarding the process of screening procedures for
applicants, and a brief biography was given of new appointee Charles Richardson to Keep Friendswood
Beautiful.
**Councilmember Hill moved to approve disposition of RFP No. 2012-05 for Water Meter Reading
Services and award to Southwest Water Corporation.
Seconded by Councilmember Rockey. The motion was approved unanimously.
**Councilmember Scott moved to approve disposition of Bid No. 2012-06 to Designate City official
newspaper for publication of legal and official news for the City of Friendswood and authorizing the Mayor
to execute the agreement.
Seconded by Councilmember Hill.
***Councilmember Scott amended his motion to approve disposition of Bid No. 2012-06 to Designate City
official newspaper for publication of legal and official news for the City of Friendswood and authorizing the '
Mayor to execute the agreement and award to The Friendswood Journal.
Seconded by Councilmember Hill. The amended motion was approved 6-1 with Councilmember Brown
opposed.
Mayor, Council, and Staff held a lengthy discussion regarding publication, advertising, comparison of
invoicing, past reporting done by The Friendswood Journal, comparison of publication bids submitted as
well as the difference in online qualities offered by Reporter News and Friendswood Journal, bid was
strictly for legal and employment adds, and discussed circulation numbers for The Friendswood Journal
and Reporter News.
**Mayor Holland moved to approve the City's Anti-Nimbyism plan in compliance with the State's Fair
Housing Activity Statement-Texas (FHAST) requirements.
Seconded by Councilmember Hill.
***Mayor Holland moved to table approval of the City's Anti-Nimbyism plan in compliance with the State's
Fair Housing Activity Statement-Texas(FHAST) requirements.
Seconded by Councilmember Hill. The motion to table was approved unanimously.
Mayor, Council, and Staff held a lengthy discussion regarding the Anti-Nimbyism plan, is a state
mandated requirement of Round 2.2 of the Disaster Recovery Funding, and the City had to commit to an
Anti-Nimbysim plan on the FHAST form. The funding provided by the grant is $4.5 Million for The
Friendswood Link Road and Whispering Pines expansion projects. If motion does not pass there is a
possibility the City could lose the grant funding, City was not allowed by the State to submit a non-
applicable response on the FHAST form regarding an Anti-Nimbyism plan, deadline for submitting the
plan is the end of 2012.
**Councilmember Scott moved to approve an instrument to amend the deed restrictions for Imperial
Estates Section One.
Seconded by Councilmember Rockey.
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***Councilmember Brown moved to amend the main motion to have a workshop with residents of
Imperial Estates Section One on the amended deed restrictions.
Seconded by Councilmember McGinnis. The amended motion was approved 5-2 with Councilmembers
Enochs and Scott opposed.
Councilmember Brown called the question. The vote to call the question was approved 5-2 with
Councilmembers Enochs and Scott opposed.
Mayor, Council, and Staff held a lengthy discussion regarding accusations made by members of the
public towards Staff members, Staffs role in the Parks Ad-Hoc committee, decisions regarding land is a
Council decision, and the Parks Ad-Hoc committee has met with residents regarding park issues":
Imperial Estates Section 1 residents received proposed amendments to the deed restrictions on
November 1, 2012, need more time to read and discuss problems residents may have with proposed
amendments, legality of the City amending the deed restrictions, and can a consensus be met with
residents regarding amendments. Council must do what is in the best interest of all 35,000 plus
taxpayers. Scenario No. 1 has been approved by Council and the City can proceed with Scenario No. 1
without amending the deed restrictions. Staff should schedule a workshop with the residents of Imperial
Estates Section 1 as soon as possible to discuss the proposed amendments to the deed restrictions.
**Councilmember Scott moved to approve the scope of work for the development of Lake Friendswood
and authorizing the Mayor to execute the contracts for the work.
Seconded by Councilmember Rockey.
***Councilmember Scott withdrew his motion.
Mayor, Council, and Staff held a lengthy discussion regarding the intent of the motion is to allow the
Mayor to execute contracts that the City Manager cannot execute for items Council has already approved
regarding Lake Friendswood. The Parks Ad-Hoc committee met with the public regarding the
development of Lake Friendswood, scope of work has changed since meeting with residents, should
scope of work be performed all at once or piece by piece, a bond election will be needed if developed to
meet the Parks Master Plan, bid process needed for development. The previous decision made b�
Council was to earmark funding with further discussion made by Council after meeting with residents, and
pursue fencing immediately.
**Councilmember Rockey moved to go out for bids for fencing and bring back to Council, and get bids fir
the road and rest of the costs for opening up the park at Lake Friendswood and bring back to Council for
approval.
Seconded by Councilmember Scott.
***Councilmember Rockey moved to amend the main motion to authorize $15,000 for geo-engineering
work needed and authorize bringing back to Council proposals for the fence, road, and the opening of the
park at Lake Friendswood.
The amended main motion was approved 6-1 with Mayor Holland opposed.
Mayor, Council, and Staff held a lengthy discussion regarding cost and time associated with the design of
the road, limitations to what can be done in-house, and the need for an engineering bid or to get donated
labor for engineering.
**Councilmember Brown moved to approve the City to update the Master Strategic Plan.
Seconded by Councilmember Rockey.
***Councilmember Brown amended the main motion to have a citywide committee meeting to discuss
strategic planning with Council.
Seconded by Councilmember Rockey. The amended motion failed 2-5 with Mayor Holland and
Councilmembers Hill, Rockey, Enochs, and Scott opposed.
11/05/12 4037
Mayor, Council, and Staff held a lengthy discussion regarding the Vision 2020 plan developed in 1988,
feedback is needed from residents, large process with high cost, use reserve funding or put as a budget
item. The City is currently working on plans that have not been completed, suggestion of placing all
current plans into one place on City website and have committees work on any future plans needed,
possible workshop needed with all committees and Council.
RESOLUTIONS
**Councilmember Rockey moved to approve Resolution No. R2012-25 -A resolution of the City Council
of the City of Friendswood, Texas, approving a letter to the Texas Comptroller of Public accounts stating
the City's legal authority to exercise the power of Eminent Domain; and repealing all other resolutions
inconsistent or in conflict herewith.
Seconded by Councilmember Enochs. The motion was approved unanimously.
**Councilmember Rockey moved to approve Resolution No. R2012-26 - A resolution of the City of
Friendswood, Texas, hereby designating Councilmember Hill as representative and Mayor Holland as
alternate to the Houston—Galveston Area Council 2013 General Assembly and Board of Directors.
Seconded by Councilmember Scott. The motion was approved unanimously.
**Councilmember Enochs moved to approve Resolution No. R2012-27 — A resolution approving and
adopting updates/amendments to the "Design Criteria Manual" for the City of Friendswood, Texas; and
approving the standards contained therein for the design, construction and installation of public
infrastructure and related facilities and improvements within the City. (Appendix E — Downtown District
Amenities).
Seconded by Councilmember Scott. The motion was approved 6-1 with Councilmember Brown opposed.
**No motion was made to approve Resolution No. R2012-28 - A resolution of the City of Friendswood, '
Texas, dedicating the use of real property as Municipal Park Land and declaring its acceptance and
inclusion into 1776 Memorial Park; and repealing all other resolutions inconsistent or in conflict herewith.
No second was made. The resolution failed due to lack of a motion.
**Councilmember Scott moved to approve Resolution No. R2012-29 -A resolution of the City Council of
the City of Friendswood, Texas, approving a letter updating the Texas Parks and Wildlife Department
regarding the City's Parks Dedication Ordinance updates; and repealing all other resolutions inconsistent
or in conflict herewith.
Seconded by Councilmember Rockey. The motion was approved 6-1 with Councilmember Brown
opposed.
**Councilmember McGinnis moved to approve Resolution No. 2012-30 -A resolution supporting funding
for Falcon Ridge Blvd traffic control striping improvements, to include a bike lane leading to Friendswood
Junior High School, as a part of TxDOT'S Transportation Enhancement Program.
Seconded by Councilmember Scott. The motion was approved unanimously.
**Councilmember Hill moved to approve Resolution No. 2012-31 -A resolution of the City Council of the
City of Friendswood, Texas, approving the fourth bond issuance of the West Ranch Management District,
for the proposed amount of$1,390,000.
Seconded by Mayor Holland. The motion was approved unanimously.
ORDINANCES
**Councilmember Rockey moved to approve the Second and Final reading of Ordinance No. 2012-24 -
An ordinance amending Appendix B, Section IV of the Code of Ordinances of the City of Friendswood,
Texas.
Seconded by Councilmember Enochs. The motion was approved 5-2 with Councilmember Hill and
Brown opposed.
11/05/12 4038
I
**Councilmember Scott moved to approve the Second and Final reading of Ordinance No. 2012-25 -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 Rockey. The motion was approved unanimously.
Planning and Zoning Commission Chair Mark McLean returned to Council Chambers and stated that the
Planning and Zoning Commission voted unanimously to approve all three Joint Public Hearing items.
**Councilmember Enochs moved to approve the Second and Final reading of Ordinance No. 2012-29
An ordinance amending statutory cross-references contained in the City Charter of the City of
Friendswood, Texas.
Seconded by Councilmember McGinnis. The motion was approved 6-1 with Councilmember Brown
opposed.
**Councilmember Rockey moved to approve the First reading of Ordinance No. T2012-30 -An ordinance
amending the Friendswood City Code of Ordinances, Chapter 14, "Buildings and Building Regulations'`,
by adding a new Article XI, "Permits and Vested Rights" in recognition of rights under Chapter 245,
("Issuance of Local Permits") of the Texas Local Government Code for "projects," as defined by statute;
repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; and providing for
severability.
Seconded by Councilmember McGinnis. The motion failed 2-5 with Mayor Holland and Councilmembers
Hill, Rockey, Enochs, and Scott opposed.
**Councilmember Scott moved to approve the First reading of Ordinance No. T2012-31 - An ordinance
amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C— "Zoning," Section 7,
"Schedule of District Regulations," Subsection 7.P., "Permitted Uses," Subsection, "Permitted Use Table;"
' by providing for the adoption of amendments to the City's Zoning Ordinance, expanding NAICS Use
#7139, "other Amusement and Recreational Industries," by adding NAICS Use #713940, "Fitness and
Recreational Sports Center" to the Permitted Use Table within the following Land Use districts: as a Use
by right ("P") in the "Community Shopping Centers District" (CSC), "Light Industrial District" (LI) antl
"Industrial District" (1); requiring a Special Use Permit ("S") in the "Neighborhood Commercial District"
(NC) and "Downtown District" (DD); providing a penalty for violation in an amount not to exceed $2000, or
as otherwise provided by law; repealing all ordinances or parts of ordinances inconsistent or in conflict
herewith; and providing for severability.
Seconded by Councilmember Rockey. The motion was approved unanimously.
**Councilmember McGinnis moved to approve the First reading of Ordinance No. T2012-32 - An
ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C—"Zonings"
Section 8, "Supplementary District Regulations," Subsection N., "Downtown District Supplemental
Requirements," by revising district requirements, including those pertaining to sidewalks, landscaping,
and related amenities; providing a penalty for violation in an amount not to exceed $2000, or as
otherwise provided by law; repealing all ordinances or parts of ordinances inconsistent or in conflict
herewith; and providing for severability.
Seconded by Councilmember Hill. The motion was approved 6-1 with Councilmember Brown opposed.
**Councilmember Hill moved to approve the First and Final reading of Ordinance No. 2012-33 - 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 XIII" 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.
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'"Councilmember Hill moved to approve the First and Final reading of Ordinance No. 2012-34 - An
Ordinance amending City of Friendswood, Texas, Ordinance No. 2012-26, passed and approved October '
1, 2012, same being an ordinance approving and adopting the City's General Budget for Fiscal Year
2012-2013 by approving "Budget Amendment I" to the "Original General Budget of the City of
Friendswood, Texas, for the Fiscal Year 2012-2013"; providing for supplemental appropriation and/or
transfer of certain funds; providing for severability; and providing other matters related to the subject.
Seconded by Councilmember Rockey. The motion was approved 6-1 with Councilmember Brown
opposed.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Rockey stated he had no report.
Councilmember Enochs stated he appreciates the hard work done by City Manager Roger Roecker,
Assistant City Manager Morad Kabiri, and Community Services Director James Toney on the parks
subcommittee, loves the passion and energy they have for making Friendswood better for the residents.
Councilmember Hill stated he filled in for the Mayor on Saturday with the Boy Scouts, they were thrilled to
have a Friendswood representative there, fine young kids told of their projects and accomplishments,
instills great values into young men.
Councilmember McGinnis thanked Councilmember Rockey for cajoling him into being a character actor
during Histor-Ween, encouraged other Councilmembers to participate next year, and cannot attend the
Galveston County Mayor and Councilmembers'Association if anyone else could attend.
Councilmember Scott stated he would like to echo Councilmember Enochs' comments to Staff, all of the
City Staff does a greatjob for the community and working behind the scenes, gives credit to City Manager '
Roger Roecker and all City Staff who works under him, tomorrow is Election Day and if you have not
voted go vote.
Councilmember Brown thanked Forest of Friendswood, Wedgewood, and Friendswood Lake subdivisions
for National Night Out program, great way for the City and homeowners to interact, thanked the Fire
Department and Police Department for having representatives at National Night Out, thanked Governor
Perry for coming to Friendswood, thanked Galveston County Tax Assessor Cheryl Johnson for helping a
citizen with a tax issue, the Friendswood Exchange Club has been formed, promotes Americanism and
children's issues as well as working against child abuse. December 1, 2012, is the Holiday Hustle and
Mary Queen Festival and she is offering a class to look at City records online, upcoming Veterans Event
at the Jones Hangar on November 7, 2012, appreciates the Senior Committee for putting on the Veterans
Event.
Mayor Holland stated he will attend the Veterans Event and attended National Night Out, enjoyed
Planning Manager Nick Haby helping with the Cub Scouts, felt like a rock star, Fire Department did a
great demonstration on how little it takes to start a fire. Mayor Holland thanked City employees for the
great work they do, wished everyone a happy and blessed Thanksgiving.
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11/05/12 4040
CONSENT AGENDA
"Councilmember Scott moved to approve all items on the Consent Agenda as presented: A. Authorizing
the acceptance of public paving and utility improvements for West Ranch, Lake Ridge Section 2, and
accepting the project into the contractor's one-year maintenance period. B. Ratifying and confirming the
Mayor's signature on the Emergency Management Performance Grant (EMPG) award from the Texas
Division of Emergency Management in the amount of$48,080. C. Authorizing the disposal of one Police
Department vehicle, P250, a 2007 Ford Crown Victoria and one Community Services vehicle, CS4, a
2002 Ford F250 Extended Cab, through Houston Auto Auction. D. Accept September 2012 Property Tax)
Report. E. Approve the minutes of the August 6, 2012, City Council Meeting.
Seconded by Councilmember Rockey. The motion was approved 6-1 with Councilmember Brown
opposed.
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The meeting was adjourned at 10:28 PM.
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Mayor Kevi T
and
Attest:
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FRIEIv4 iq,
Melinda Welsh, TRMC
City Secretary
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