HomeMy WebLinkAboutCC Minutes 2012-11-20 Special 11/20/12 4041
STATE OF TEXAS X
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
NOVEMBER 20, 2012 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
TUESDAY, NOVEMBER 20, 2012, AT 6:30 PM AT FRIENDSWOOD CITY HALL, COUNCIL
CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWINGI
PRESENT CONSTITUTING A QUORUM:
MAYOR KEVIN HOLLAND i
MAYOR PRO-TEM JIM HILL
COUNCILMEMER STEVE ROCKEY
COUNCILMEMBER BILLY ENOCHS
COUNCILMEMBER PAT MCGINNIS
COUNCILMEMBER JOHN SCOTT
COUNCILMEMBER DEIRDRE BROWN (Arrived at 6:47 PM)
CITY ATTORNEY ARNOLD POLANCO
CITY MANAGER ROGER ROECKER
CITY SECRETARY MELINDA WELSH
SPECIAL SESSION
Mayor Holland called the meeting to order.
' The invocation was given by Public Works Director Kaz Hamidian.
Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas.
COMMUNICATION FROM THE PUBLIC
Mayor Holland asked if anyone would like to speak to Council. No one spoke.
CLOSED EXECUTIVE SESSION
Council convened into Executive Session in accordance with the Texas Government Code, pursuant to
Section 551.071: Consultation with attorney to receive legal advice concerning potential development of
the buyout properties in Imperial Estates, Section 1, and legality of proposed amended deed restrictions.
Council reconvened into Open Session with no action taken later in the meeting.
RECONVENE INTO OPEN SESSION
Mayor Holland opened the discussion regarding the potential development of the buyout properties in
Imperial Estates, Section 1, and stated as he looked across the room none of the residents from Imperial
Estates are present, and the meeting was set to communicate with the Imperial Estates residents for the
benefit of all Friendswood citizens to work through any issues possible. The residents of Imperial Estates
have chosen not to attend. Instead they have chosen to file suit against the City and its citizens, and!
Council is disappointed.
Councilmember Brown stated she would like to make a comment.
Mayor Holland stated bear in mind the City has a suit filed against it, be careful of what is stated due to
litigation.
11/20/12 4042
Councilmember Brown stated she was not in Executive Session due to the fact that she has not gotten
responses back on inquires she had given to the City Manager. Does not know with respect to amending
the deed restrictions if Council will get any further legal opinions on the questions that she has raised, still
takes the position that 100 percent of the owners need to agree on amending the deed restrictions.
Mayor Holland stated that is not the agenda item being discussed, development means put things out at
Imperial Estates, cautioned Councilmember Brown to stay on the agenda item.
Councilmember Brown asked if the potential development would require the legal authority to put items at
Imperial Estates, what is Council going to do to get legal opinions that will give Council the legal authority
or the risk involved in putting potential developments. If Council is of the consensus that there will not be
any further legal opinions regarding the potential development of the buyout properties that should be
made known to the public.
Mayor Holland stated Councilmember Brown was off track and does not think Council should go down
this path any further.
City Attorney Arnold Polanco stated he would be providing a written legal opinion to the Council to
address the legal issues.
Councilmember Brown asked if the legal issues she has raised but had not been raised by homeowners
would be addressed.
The City Attorney stated he would be issuing a memo to Council that addresses the legal issues involving
the current agenda item.
Councilmember Brown asked if that meant that the City Attorney would not be responding to the question ,
she posed, and further stated she thinks the public should be made aware that Staff has refused to
provide a legal opinion on the questions that she has raised.
Mayor Holland stated that was not relevant to the posted agenda item.
Councilmember Brown stated it was specifically relevant to the agenda item. Staff directs the City
Attorney to respond to questions, and it has been done numerous times.
Councilmember Enochs moved to adjourn the meeting.
Seconded by Councilmember Hill. The motion was approved unanimously.
The meeting was adjourned at 7:20 PM.
Mayor Kevin H II d
Attest:
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Melinda Welsh, TRMC
City Secretary N: p
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