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HomeMy WebLinkAboutCC Minutes 2012-12-03 Regular 12/03/12 4043' STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( DECEMBER 03, 2012 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, DECEMBER 03, 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 4:54 PM) COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER JOHN SCOTT COUNCILMEMBER DEIRDRE BROWN CITY ATTORNEY ARNOLD POLANCO CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH REGULAR SESSION Mayor Holland called the meeting to order. ' The invocation was given by Father Geoffrey Gwynne with Good Shepherd Episcopal Church. Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATION FROM THE PUBLIC Mike Czarowitz, Friendswood resident, addressed Council and stated he was speaking on behalf of the library remodeling project, someone needs to speak up, has been in the works for twelve years, paid for architectural drawings for many years, money has gone down the drain because the City has not done anything, library should stand alone on bond with no other projects, it is time to do the library remodel. Fred Krch, Friendswood resident, addressed Council and read from the Declaration of Independence suggested a Town Hall meeting be held by Mayor Holland such as the one that former Mayor Smith held where he listened to more than three minutes of speaking from residents, Mr. Krch offered to furnish a big pot of award-winning Hawaiian coffee, Mayor should hold this meeting, could use the vacant junior high building for the library remodeling, would require little modifications, could divide between adults and younger kids, would not have to do a$1 Million bond. WORK SESSION Mayor Holland opened the discussion regarding the Information Technology Strategic Plan Administrative Services Director Cindy Edge presented a PowerPoint presentation on the Information Technology Strategic Plan to provide historical background, update accomplishments over the last 12 months, and outline future technology needs. The Management Information Services (MIS) Plan was adopted in October 1994 which integrated all aspects of Public Administration software and hardware, and acquired HTE Public Administration Enterprise software. 12/03/12 4044 The MIS Plan was updated in February 2000, developed a comprehensive desktop installation/replacement plan, standardized hardware and software, and Local Area Network (LAN) design/build out. A new Technology Strategic Plan was presented to Council in December 2011. The process included several components such as security review, current state, future state, acquisition, funding, and projects. The plan recommended the creation of a Technology Oversight Team (TOT). The team was appointed by the City Manager in January 2012. The responsibilities of the team are to review and assess recommendations and ongoing needs, identify and support technology that is in the best interest of the City, authorize and oversee technology/implementation projects which reflect the identified priorities. The accomplishments TOT has achieved so far is creating a process to review business practices and support technology, reviewed/categorized needs identified in the plan, and implemented no/low cost solutions consistent with priorities. Staff has identified the replacement of the City's public administration "Enterprise Software" as a core requirement to enhance internal/external services. In the future, Staff will integrate the City's Technology Strategic Plan into the City's Multi-Year Financial Plan, and develop options for discussion in upcoming workshops and budget development. Councilmember Rockey asked what software the City is currently using, and Ms. Edge stated HTE/Sungard. Councilmember Rockey asked if there would be any Staff reduction with an upgrade to the software system, and Ms. Edge stated she is not sure, but Staff is talking to peers to see what is available and what other Cities are doing. Councilmember McGinnis stated he appreciates the cost benefit analysis for Geographic Information System (GIS), and asked if Staff would be doing a cost benefit analysis for all Information Technology(IT) as well or could an outside firm do it better, could the City consolidate efforts with other cities to share software. Ms. Edge stated Staff did do a cost benefit analysis for IT and it was not cost effective to outsource, Staff ' has had conversations with other cities to work together. City Manager Roger Roecker stated he and Police Chief Bob Wieners have been in contact with League City regarding the Public Safety program and the maintenance fees League City is wanting to start collecting to apply towards future hardware, there are no free rides, looking for coalitions, may have some budget impacts in the future, appreciates the suggestion. Councilmember Brown stated she thinks the plan should be adopted as a policy, suggested providing a copy of the Information Technology Strategic Plan to new Councilmembers, partnering with League City regarding Sungard, may be good to follow up with them, does not see document management software, and Ms. Edge stated Staff did look at document solutions, needs to make sure is compatible and accessible. Councilmember Brown stated need to make sure the City Secretary's Office is involved in the process, and Ms. Edge stated that is why Deputy City Secretary Michelle Perez was recently included on the TOT Committee. Councilmember Brown stated the City needs to think big picture and not the cheapest when looking at software platforms. Mayor Holland opened the discussion regarding the Round 2.2 Community Development Block Grant process. Planning Manager Nick Haby presented a PowerPoint presentation regarding the history, future requirements, and impacts of discontinuing the Round 2.2 Community Development Block Grant Program. In Round 1 of Disaster Recovery funding as a result of Hurricane Ike, the City received $2.5 Million for lift stations, water plants, Fire Station No. 1 and Fire Station No. 2 generators as well as Fire Station No. 3 improvements. In Round 2.2, Friendswood was eligible to receive $4.5 Million and the requirements changed with increased emphasis by the Housing and Urban Development (HUD) on grantee compliance with existing federal regulations regarding fair housing. To be eligible for Round 2.2 funding, jurisdictions were required to establish Fair Housing Activity Statement-Texas (FHAST) work groups comprised of citizen representatives and Staff and/or elected officials, and complete a FHAST form. In August 2011, Council appointed a FHAST work group to help complete the FHAST form. The FHAST form guides jurisdictions on how to address existing federal and State fair housing requirements. In September 2011, Friendswood submitted a draft FHAST form to the State for review. i 12/03/12 4045 I The State asked the City to change/clarify five of the responses. On November 07, 2011, the FHAST workgroup discussed the City's FHAST requirements with City Council in a workshop. At a retreat on November 14, 2011, potentially eligible projects were discussed and City Council chose the Friendswood Link/Whispering Pines widening project to submit for Round 2.2 funding. On December 05, 2011, City Council authorized the Mayor to sign the GLO Round 2.2 application and corresponding FHAST form. The State approved the application and sent the contract to the City in September 2012. The State also selected the City's administrator and the City's project engineer, and those two contracts were executed directly with the State. City Council approved the City's contract with the State at the October 01, 2012; City Council meeting. In order to receive the $4.5 Million disaster recovery funding, the City must follow requirements outlined in the FHAST form. Communities that do not satisfy the requirements will have their allocation returned to the State to be used to fund other disaster recovery projects outside of Friendswood. The requirements the City must meet are to create an Anti-Nimbyism action plan by December 31, 2012, that includes discussing potential concerns at Development Review Committee (DRC) meetings, giving notice to neighboring properties, and public hearings/town hall meetings on proposed developments that have potential impacts on neighbors. The City will also be required to pass an "April is Fair Housing Month" resolution by Council, place "April is Fair Housing Month" posters in public buildings, and make Fair Housing information available throughout the year. The impacts of discontinuing the Community Development Block Grant Disaster Recovery program would be the loss of $4.5 Million in Disaster Recovery funding to expand Friendswood Link Road/Whispering Pines. Friendswood would be responsible for approximately $51,000 in invoicing for consultants that have helped work on the City's Round 2.2 application, the City's administrator on Round 2.2, and the engineers that have been contracted with the State for design. The City would also be responsible for additional consultant work that has been completed but not yet invoiced, and there would be an inability to fund the Friendswood Link/Whispering Pines widening project. Councilmember Enochs asked if the Anti- Nimbyism plan is passed tonight will that be it, and Mr. Haby ' stated no, in April the City will have to do a Fair Housing resolution as well as other items, believes that is the only thing Council will need to take action on. Councilmember Rockey asked if Council chooses not to pursue this project and the City had another hurricane would it hurt the City in receiving future funding for recovery efforts, and Mr. Haby stated possibly yes, the funding is HUD related, most have these types of stipulations on them, could impact the City's ability to secure this type of funds in the future. Councilmember Brown asked if funding was not the only risk, maladministration of the policy could also be a risk, and Mr. Haby stated the FHAST form is only for the Round 2.2 project, the Anti-Nimbyism plan' is a part of the FHAST form that will be adopted as a separate plan. Councilmember Brown stated if the City does not follow the policy there could be potential risks, and Mr. Haby stated everything in the policy the City is already doing. Councilmember Brown stated she disagreed and pointed out the particular sections she disagreed on. Mr. Haby asked Councilmember Brown about the policy stating that on Wednesday the Development Review Committee (DRC) meetings would be held, if a meeting was not held on Wednesday is she under the impression the City would be violating the policy being created, and Councilmember Brown answered she is suggesting that the policy should be more vague and not bound by specific day. Mayor Holland asked Councilmember Brown if she saw any other items of concern, and she stated paragraph three causes her significant concerns, does not think it is accurate, and should not say the City has done, but should say the City endeavors to do. 12/03/12 4046 Councilmember McGinnis stated he is seeing very clearly that he who pays the piper calls the tune, so the City is forced to comply since it is federal dollars, has an uneasy feeling about this, the term Not in My Back Yard (NIMBY) is generally categorized as any residents opposition, does not agree that residents expressing their disagreement or dissatisfaction should be squelched, Nimbyism has taken on a negative connotation for a resident to voice their opposition to a project, was glad of the approach that the City will treat every developer fairly, through Public Hearings will give the same information to all residents and potential developers, the City should not try to squelch any resident's opinion, suggested to reword the document to affirm the rights of free speech for citizens to express their support or disagreement, strike the first sentence that talks about combatting Nimbyism, statement sounds negative, strike the end part that discusses combatting Nimbyism as well, suggested to replace statement with the City of Friendswood supports transparency and informed decision making and encourages all citizen feedback for any future development. Councilmember Brown stated in regards to the combat wording, last time FHAST form was discussed there was a lot of public comment, should draft items in a professional way, some of the problems the City has with educating residents on what is required is the word choices, this is a lesson so in future should think more consciously about how a policy may be read by a nongovernment person. Councilmember Enochs stated one of the reasons Friendswood is a great City is the citizens, always want to hear from citizens, one of the benefits of the process has been it has allowed the City to spell out for the citizens exactly what is done and why it is done, thanked Mr. Haby for the hard work that has been done. Councilmember Hill stated he does not feel this will limit citizens opportunity to be heard, have Communications from the Public at every meeting, citizens have the opportunity to be heard, the plan requires Public Hearings and things the City already does, it is about the money, City desperately needs ' this road, agrees if someone gives$4.5 Million they have a right to add requirements, Public Works could spend their whole budget on this road. Council can say they are protecting property rights but it is like grants in the past such as the generators, the State required them a year later, the City would have had to pay for them without the grant, cannot silence the citizens. Councilmember Rockey stated he read the Fair Housing Act, the law is intended to force communities to allow low income and subsided housing without putting artificial blocks in. If you look at the way the City filled out the form and the Anti-Nimbyism plan there are so many controls the City already has in place, such as planning and zoning, does not believe anything could be forced upon the citizens, read the City of Houston's form and applauds Friendswood. Councilmember Rockey further stated he thinks the City is in good shape, agrees with Councilmember Hill, the form was filled out well and would hate to lose the money. Mayor Holland asked if there was any way to soften the wording, and Mr. Haby stated yes, if needed the State would allow more time if notice is given as to why, could tweak the wording and not be out of compliance. City Manager Roger Roecker stated if there are specific things that need to be changed it can be done on an action item with a motion. Councilmember Brown stated she thinks there are misconceptions with some residents and wants to clarify. The Fair Housing Act applies whether Council approves policies or not, still have to follow the law, do not put teeth in a policy to narrow what the City is required to do, is concerned that residents are treated fairly along with developers, do not put more on the City than is required. 12/03/12 4047 Mayor Holland asked for Councilmember Brown's suggestions in order for Mr. Haby to have them written for the Action Item later in the meeting, and Councilmember Brown stated in the first line remove the word combat and change the wording to say it is the policy of the City of Friendswood to encourage development, strike the wording Not In My Backyard (NIMBY) in the second sentence, on Subparagraph 1 strike the word Wednesday and change wording to Friendswood typically holds weekly Development Review Committee meetings, on Paragraph 3 instead of harbor any NIMBY sentiments change wording to any concerns, strike the wording stating this has been the Cities practice in the past and change the wording to state the City will work to provide information, in Paragraph 1 take out the word NIMBY and combat. Councilmember McGinnis stated before the three bullet points where is starts off to combat Nimbyism should be stricken and changed to the City of Friendswood supports transparency and informed decision making and encourages citizen feedback on all future developments in the City and then lay out the three points, disagrees with Councilmember Brown about deleting any NIMBY wording since the FHAST form calls for an Anti-Nimbyism plan, and Councilmember Brown stated the policy ig self-defining, and would defer to the administrator on the wording. Shari Lee with the Riveron Firm, the City's administrator on the Round 2.2 project stated her understanding was that HUD wants each community to look at the impediment to Fair Housing, what action steps you would take to address, if it says the word NIMBY and defines it that is okay and if the word NIMBY is not used but the policy describes how the City will promote discussion and information then it would pass muster with the State. The State has not given any guidelines, looking for each community to do what suits the residents. Councilmember McGinnis stated he would leave the decision with the wisdom of the rest of Council, always defines an acronym when he does a document. i ' Councilmember Brown stated she was trying to make it as sanitized as possible. Councilmember Rockey stated the second occurrence of the word combat is in the second sentence right before item one. Planning Manager Nick Haby stated Staff will take out all instances that have the word combat from the document. Councilmember Scott stated his only concern is giving more ammunition to a developer to build a hotel inl the back of someone's neighborhood. The State's own governor gave up money because of the strings attached, even though everyone does it. Is the City not setting itself up further for the sake of expanding a road that has no benefit to'be expanded, is not willing to have the federal government tell the City how best to use the citizens tax money to benefit the City from a disaster relief perspective, wishes more State and City governments would stand up to the Federal Government, does not see the benefit of expanding Friendswood Link Road to put ammunition in the hands of a developer to put a bar or hotel in the backyard of neighborhoods. This road is not a major evacuation route, need to find road maintenance funds but does not think cowering down to the Federal Government is the answer, is not interested in going any further down that road. Mayor Holland stated the City has zoning ordinances to manage. Assistant City Manager Morad Kabiri stated the policy would have benefited the City if it had been in place at the time of the hotel, would have had to have town hall meetings. Fair Housing is a law that the City has to comply with, have to have a good reason to say no, encourage residents if there is a concern with a nearby piece of property look at the zone and all the uses that are allowed, and approach the City now with concerns long before an application is made. ' Councilmember Brown stated she agrees somewhat with Councilmember Scott but that is why changes were suggested, pitting groups against each other, this plan helps with dialogue, under the law does not give any more ammunition than law requires. 12/03/12 4048 Councilmember Scott stated it concerns him, parks issue is the most recent, does not know of anyone in ' the community that would want Section 8 housing in their backyard. Assistant City Manager Morad Kabiri stated the City's zoning ordinance only applies to the use of the property, has nothing to do with the subsidization of the development, last year Council had a request for subsidized senior housing, when a developer is seeking taxpayer funding or tax credit then Council does have the ability to weigh in. Council turned down support of the senior housing and nothing came of it. Councilmember Scott asked if this plan would provide someone with more of an opportunity to say the City has to allow a developer due to the fact the City accepted funding, and Mr. Kabid stated they can already do even without funding. Councilmember Brown stated it may be helpful for Council to have some type of white paper on Fair Housing laws so Council could be familiar. Councilmember McGinnis stated he agrees and would like a white paper on Fair Housing and will provide the study from CATO Institute that analyzes the effect of subsidized housing that he presented last year, agrees with Councilmember Scott's sentiments. Mayor Holland asked about white paper consensus from Council. Councilmembers Enochs, McGinnis, Scott, and Brown stated they would like the white paper on Fair Housing, and Councilmembers Hill and Rockey stated they would not like the white paper on Fair Housing. Assistant City Manager Morad Kabiri stated Staff can provide. Councilmember Hill asked if Council passes the policy will Council have authority to consider subsided housing in Friendswood, and Mr. Kabiri answered no, the limits to Council's authority will only be on the ' use of the property not the subsidization. Councilmember Brown stated a workshop is a good place to raise concerns with the issue. Mayor Holland stated it seems like the money is free but does not like the long-reaching arms that come with it, is not requiring more than what is currently done, still hesitant but could use the money, would also rather make a deposit than write a check. Mayor Holland opened the discussion regarding a potential bond Issue for 2013. City Manager Roger Roecker presented a PowerPoint presentation to update Council on progress since the November Council meeting, different processes used, and the scope of the next bond election. Since the November Council meeting Staff has met with Friendswood Independent School District's (FISD) leadership to discuss the process used in their last successful bond election. The process was 12 to 13 months initially, used volunteers extensively, there was a period of delay due to the economy, volunteer committees re-engaged, ultimately citizens recommended to the school board to call for a bond election consisting of a natatorium, high school and athletic facility improvements, and a new junior high. The City has had recent experience over the last decade in two bond elections in 2003 and 2009. In 2003, the bond election was successful in granting Public Safety facilities $7.38 Million, drainage $5.57 Million, street improvements $4.05 Million, and Centennial Park improvements $3.07 Million, totaling approximately $20 Million. In 2009, the Bond Election was unsuccessful in granting park improvements $3.1 Million and a new library and civic center $6.5 Million, totaling $9.6 Million. In 2003, there was an extended period of time given for community education, and concept plans including architectural renderings and defining the scope of work that led to it's success versus the 2009 Bond Election. At the November Council meeting, unfunded five-year Capital Improvement Projects (CIP) were discussed as the scope of the bond election. The current bond capacity without a tax increase is$2.9 Million, what CIP projects will be addressed if there is not a tax increase. Staff is suggesting a process that will need to ' include sufficient time for extensive community participation, community input, and community education. The City Manager stated he appreciates FISD sitting down and talking to Staff and giving them ideas. 12/03/12 404K Mayor Holland asked Council how they would like to proceed, was at the Library Board recognition of member Ruth Lay and the Historical Society event, received feedback from citizens suggesting certain things they would like included, is wondering if Council has anything to add. Councilmember Rockey stated he participated in FISD's bond election process, was a large group of people involved, strongly recommends following FISD's model and Council stay out of it, let community, lead and come to Council with what they want, would have built-in community support, if do not want taxes raised can just not do, suggest the City Manger get a group of citizens together to start working on the process. Councilmember Enochs stated at the Council Retreat discussed needs being streets, parks, and library, needs have been narrowed down and now is the time to figure out how to pay for them. Councilmember Hill stated he felt the 2009 Bond Election was handled badly, a $6 Million library was too much, almost passed, on the parks issue citizens did not have a clue what was being asked for, need to be specific, need to address the needs of the City, have a group of citizens get together and give it to the people and let them decide. Councilmember McGinnis stated need to get the show on the road and get citizen's support, may see large tax increases by federal government and that will be a factor. Citizens will come together and decide where the priorities are, can do library bond without raising taxes, asked the City Manager if the process was a 12 month process potentially having a Bond Election in November 2013. City Manager Roger Roecker stated yes that was a good date, would follow closely with the FISD process timeline. ' Councilmember McGinnis stated there is talk about the '% sales tax increase for street maintenance and asked an estimated amount, and the City Manager stated around $650,000. The City Manager stated further that it does not necessarily include needing to investigate bonds for street maintenance, would be a sales tax for street maintenance and improvements. Councilmember Scott stated one of the things the Library Board member talked about today was breaking the needs out individually, let each election stand on its own, let the citizens prioritize, sales tax increase would not be enough for road maintenance, will still need a Bond Election for road maintenance, sales tax increase could be applied to park maintenance, options are out there but need to keep them segregated, identify needs to get the ball rolling since it is December. Councilmember Brown stated she agrees need to form a group of citizens, should not just be up to the City Manager but there should be an application process, with respect to library bond should be considered on a shorter time frame, committee has already started the process, has had meetings, surveys and statistics are already done, has had a lot of input from citizens. Libraries and schools go together and is connected to real estate sales, need to support things that test well at schools, vote was close in 2009. May 2013 makes the most sense for the library bond, the proposal was much more in the 2009 election, current amount is down to $2.5 Million, should encourage town hall meetings to be held, would be a good test run for November 2013. Mayor Holland stated he saw Capital Improvement Project (CIP) items listed, saw other needs beside the three items that were discussed at the Council's retreat, and asked how the CIP items would be take care of. Assistant City Manager Morad Kabiri answered each time the CIP is updated Council can shuffle the ' items around and reprioritize them if needed, in the five years he has been with the City the five year window has changed multiple times, depends on the Council and the opportunities that become available. 12/03/12 4050 The City Manager stated should ask the taxpayers what they are interested in, City has five year and ten year plan, getting input from citizens will help define what items are important, agrees that propositions should be separated, FISD had three distinct propositions, would be concerned with having multiple bond elections in a short period of time, and at the risk of upsetting library folks would hesitate to provide any group to have their first bite at the apple with no tax impact, almost seems unfair to others who follow behind, are giving a much greater advantage, line it up with parks such as Lake Friendswood. Councilmember Brown stated a citizen committee should look at the CIP to see if there are other priorities needed, suggests Survey Monkey to see priorities, first bite at the apple is an unfair characterization. The Library Board has been working on issue for a while, understands the concern with having two Bond Elections in a row, advise the citizens of the upcoming issues so they can expect it, if done as staggered elections there will not be as much resistance, library supporters would not be given an unfair advantage. Councilmember Enochs stated he is okay with giving an unfair advantage, Council's job is to draft the vision and make decisions accordingly. Councilmember Rockey stated compromise is a necessity, form the citizen group and ask them if the library bond election should be first, would be of value to hear from the citizen group, need community input on prioritizing the items. Councilmember Brown stated it is a great idea and would need to do quickly and have something on the January agenda. Councilmember Rockey asked if Council could direct the City Manager to get started, and the City Attorney Arnold Polanco stated yes since there seems to be a consensus from Council. Councilmember Brown suggested to start with using applications already submitted for committee work. ' Councilmember Rockey stated if could answer questions about whether to do two bond issues, have the citizen group prepared to tell Council decision by the February meeting. City Manager Roger Roecker stated it is a much larger process to develop the group than just a week or two, does not want to give Council unrealistic expectations. Councilmember Brown stated she would propose two Councilmembers such as Councilmember Rockey solicit applicants. Councilmember Rockey stated in the FISD process the School Board members stayed away. Councilmember Brown stated Council could ask the citizens that had already expressed an interest in committee work. Councilmember Rockey stated he would suggest doing a public announcement to pique interest from the general public. The City Manager stated Staff has direction to begin working, need people that are interested in entire community as well as people interested in specific areas, there is not a Street support group so to speak, need to look across the breadth of the City to make sure it is a good representative group. Councilmember Rockey stated he suggests coming back in January with recommendations on the two bond election issues. Councilmember McGinnis stated he would caution Council not to move so fast, knows library has been ' worked on, eagerness to help out the Library Board might backfire, should start the process but no preconceived notion about chartering group in January. 12/03/12 4051� I ' Councilmember Scott stated he agrees with Councilmember McGinnis and nothing against the library; folks, unfair advantage perspective does not think it will be beneficial to the community to propose a bond election without raising taxes and then in the fall propose a bond election that will require raising taxes; critical to get out the word about what you can spend without a tax increase. Mayor Holland stated he has a list of items to be done but does not know how much, or what it means for the citizens. Councilmember Scott stated he hopes to have the Library Board put together a committee to push the library, the Parks and Recreation Board to push parks, and need to think of someone for Streets, have volunteers that have done a lot already, let them spearhead the ideas and lead the charge. Councilmember Brown stated she would suggest doing a short survey now, citizens would then know how much is available before a tax increase, suggests the survey go out to the City's full e-mail list; people like short bullet points, answer does not matter but are educating, had over 1,000 with the libray survey, electronically will get better feedback. Survey Monkey is a cheap survey tool, can give a link to the survey, there is a nominal expense depending on the amount sent out, the Information Technology (IT) Department may already have a survey platform. The City Manager stated the City has Survey Monkey available already. Councilmember Brown stated doing this would get the issues out to the public while Staff begins getting the citizen group together. The City Manager stated Staff can certainly do a survey but needs to make sure questions are worded so ' that residents know exactly what they are voting on, want to reach the citizens that are not as involved, if it is Council's consensus Staff will do. Councilmember Hill stated this is the same path Council went down in 2009, did not work in 2009, if citizens are told that you can spend this money with no tax increase, then the next bond election will not have a chance to pass. Councilmember Hill stated would like to call the question. Mayor Holland stated there was no question to be called. Mayor Holland recessed the meeting at 6:25 PM and reconvened the meeting at 7:00 PM. COMMUNICATIONS FROM THE PUBLIC Mayor Holland asked if anyone would like to speak to Council. No one spoke. CITY MANAGER'S REPORT City Manager Roger Roecker reported that November 3, 2012, was Keep Friendswood Beautiful's Annual Fall Haul-A-Day at Centennial Park. There was a special guest this year, a Keep Texas Beautiful board member Lisa LaBean, who just happens to live in Friendswood. A total of 540 residents attended the cleanup event. The Keep Friendswood Beautiful (KFB) committee had 12 members work the evens, Community Services Department had seven employees working, two Police Officers helped direct traffic at the entrance to the park, and seven employees from the Galveston County Consolidated Drainage District. The City also had three young people from Friendswood High School and Teen Court working that day. Pete Garcia donated 60 brown bag lunches from Sonic Drive-In for all the workers at ' the event. IESI/Progressive collected the majority of the debris dropped off, worked all day with 25 employees at the event. 12/03/12 4052 They collected two tons of green waste, 36 tons of garbage, and 4.6 tons of metal. The Galveston County Consolidated Drainage District brought in their chipper for the green waste items and mulched 70 cubic yards of green waste. Many items were donated for the animals with Wildlife Rehabilitators Incorporated rescues. Donated items for the garage sale sold for $886, which will go toward the beautification of City facilities and parks. The remaining items were donated to Hope Village resale shop, and services to transport them there were donated by the City Code Enforcement Officer (and volunteer for the day) Cathy Gray's husband's company, Moving by Design. Copy Doctor arranged for the services of a shredding truck again this year and it was even more popular than last year. The company was TriStar Shredding and they donated their services working all day to shred 10,340 pounds of paper. For the appliances that were dropped off, Ackles Air & Heat was onsite to provide free Freon removal so that they could be disposed of properly, thanked the many community-oriented businesses and generous, hard-working volunteers that helped make this year's Fall Haul-A-Day a success. The City Manager reported Friendswood will be very busy throughout the rest of this year with a number of special events to look forward to. The City Staff, Chamber of Commerce, Friendswood Heritage Gardeners, Friendswood Historical Society, Keep Friendswood Beautiful, Friendswood Fine Arts Institute and many Friendswood volunteers will be working hard to coordinate a number of exciting events with one being a Holiday Lighting Contest. The Friendswood Fine Arts Institute (FFAI) had an idea they wanted to create a holiday lighting contest in Friendswood. Staff is happy to assist in this effort, and have provided the information on the City's website as well as sending it to e-mail subscribers. Friendswood residents will have the opportunity to compete and vote for the "Best Holiday Lighting Display". In addition to announcing the event, the City will also be assisting by collecting the entry forms and posting each finalist (chosen by FFAI) on the City's website for visitors to vote on. Online voting is encouraged, with the winner being announced on December 17, 2012. The City of Friendswood Community Services/Parks and Recreation Department hosted the annual Holiday Hustle 5K Fun Run/Walk & Kid's K, at Stevenson Park on December 01, 2012. All proceeds from this event go to the Laura Recovery ' Center (LRCF) in Friendswood. To find out more information on the LRCF, visit their website at www.Ircf.org. Runners received a trophy for top female and top male runners in each age group, plus overall male and female runners. All walkers and Kid's K participants received a ribbon. Following the event, door prizes were awarded and a pancake breakfast for the participants was prepared by the Friendswood Masonic Lodge. The Holiday Hustle Fun Run relies largely on sponsors and the City wanted to thank Alton Todd Law Firm, CL Davis & Company, InTents Party Supply, Lutheran South Academy, Strickland Chevrolet, VARC Solutions, Allstate Insurance, ChiroHealth, HomeTown Bank, Raymond James, Edwina Alexis Interiors, and Kid City. The Annual Friendswood Historical Society Tree Lighting is on December 04, 2012, and the entire community is invited to this traditional celebration. The Christmas tree lighting will take place at the Frank J. Brown Museum and will begin at 7:00 PM. Bring the kids to visit with Santa, and stay for gingerbread and wassail and a youth choir from the Friends Church. The Friendswood Heritage Gardeners will be providing the gingerbread and assisting with the event. The Fifth Annual Santa in the Park event will be December 08, 2012, at Stevenson Park and coordinated by Keep Friendswood Beautiful and the City of Friendswood. This year's Santa in the Park event has many fun-filled activities including a new Tree Lighting Ceremony. Kids can enjoy hay rides, coloring contests, music, dancers, choirs, refreshments, and a snow hill. Children can have their pictures taken with Santa. A children's train will travel around the walking trail, a live band will perform and a Christmas concert will take place. Pet adoptions will be available along with lots of other outdoor activities and local talent performing. All are encouraged to bring a new, unwrapped gift for the Blue Santa project for the Friendswood Police Department. Sponsors of the event are HomeTown Bank, Ron Carter Toyota, Ticket Attractions, Allstate Insurance, Top Printing, Brite Lights and InTents Party Supply along with others that helped provide a snow hill and two play areas with 40,000 pounds of snow. The 26rh Annual Christmas Lighted Parade will be December 08, 2012, and the Friendswood Chamber of Commerce is sponsoring this annual event. This year's theme is"Jingle Bell Rock" and there is no charge for parade entries. The Hope Lutheran Hand Bell Choir with Music Director Stephanie Poyner and special guest vocalists Amanda Gonzales and Carol Chew will present"Christmas Bells - Music to celebrate the Season" at the ' Friendswood Public Library on December 10, 2012. 12/03/12 405 The Friends of the Library Book Sale will be on December 15, 2012, with the Preview Sale for Friends of the Library Members. One can become a member of The Friends of the Library for only ten dollars. Just ask for a membership form at the Library Circulation Desk. The Friendswood Public Library Book Sale is open to the general public. The sale continues during regular library hours, ending Saturday, December 29, 2012. The Book Sale is sponsored by The Friends of the Library. All proceeds go toward supporting library programming. The Friendswood Police Officers' Association Blue Santa Program is an annual charitable event that offers hope for children who might otherwise do without a visit from Santa Claus. With assistance from the Friendswood Police Department, the City, businesses and volunteers, Blue Santa helps needy families by providing gifts and toys to children that are 12 and younger. The toy drive continues through December 19, 2012. Staff is certainly looking forward to this holiday season and all of the planned activities. The City Manager wished the Mayor and Councilmembers and all our citizens at Merry Christmas. ACTION ITEMS **Councilmember Rockey moved to approve the City's Anti-Nimbyism plan in compliance with the State's Fair Housing Activity Statement-Texas (FHAST) requirements with the changes made earlier in the workshop portion of the meeting. Seconded by Councilmember Hill. The motion was approved 6-1 with Councilmember Scott opposed. Councilmember Brown called the question. The vote to call the question was approved unanimously. **Councilmember Scott moved to approve a Congregate Meal Program Interlocal Agreement with Galveston County Parks and Senior Services Department for the City's Senior Citizen meal program and authorize the Mayor to execute. Seconded by Councilmember Hill. The motion was approved unanimously. ' Mayor, Council, and Staff held a discussion regarding the cost of the meal program, would be covered by a grant, and if a meal is served to an unauthorized person then the City will be required to pay back. RESOLUTION **Councilmember Hill moved to approve Resolution No. R2012-32 - A resolution appointing authorized signatories for Round 2.2 of the Hurricane Ike Disaster Recovery Community Development Block Grant Program under Texas General Land Office Contract Number 12-633-000-7039. Seconded by Councilmember Rockey. The motion was approved 6-1 with Councilmember Scott opposed. ORDINANCES **Councilmember Scott moved to approve the Second and Final reading of Ordinance No. 2012-31 -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) and "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 McGinnis. The motion was approved unanimously. 12/03/12 4054 **Councilmember Scott moved to approve the Second and Final reading of Ordinance No. 2012-32 -An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C—"Zoning," 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 Enochs. The motion was approved 6-1 with Councilmember Brown opposed. "Councilmember Hill moved to approve the First and Final reading of Ordinance No. 2012-35 - 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 II" 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 McGinnis. The motion was approved unanimously. "Councilmember Scott moved to approve the First reading of Ordinance No. T2012-36 - An ordinance amending and replacing Article VII — Oil and Gas, of Chapter 26 — Environment of the Code of Ordinances of the City of Friendswood, Texas; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; providing for penalty; and providing for severability. Seconded by Councilmember Hill. **'Councilmember Brown moved to table. Seconded by Councilmember Rockey. The motion to table was approved unanimously. ' Mayor, Council, and Staff held a discussion regarding an explanation of the ordinance, updates on the permit and appeal process, concern due to all risk not being identified, and there is not a timeline requiring immediate action to be taken. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Brown reported she ran the Holiday Hustle and was slow, her husband John Moyer won fastest in his age group for the Disney Wine and Dine, thanked those that came out for the class she conducted for records at the library, had 12 people show up, wished everyone a Merry Christmas and Happy Hannakah, Happy New Year, wished all of Council a great time with family and friends. Councilmember Scott reported at the last Parks and Recreation Board meeting getting the Farmer's Market going was discussed, excited to get started, hopefully will kick off soon, Merry Christmas and a safe New Year. Councilmember McGinnis reported at the last Library Board meeting they honored board member Ruth Lay, she has served over 26 years on the board, several of the long time former members attended,joins in wishing all a Merry Christmas and Happy New Year, looking forward to working with Council in 2013. Councilmember Hill stated he attended the dedication of the seven historical markers, was a pet project of Joycina Baker who could not attend because she broke her hip, thanked the Historical Society, there are seven historical markers at seven original Quaker sites from when Friendswood was founded, wished everyone a Merry Christmas. Councilmember Enochs thanked Keep Friendswood Beautiful for providing refreshments for the meeting, and wished everyone a Merry Christmas, looking forward to 2013. 12/03/12 4055 Councilmember Rockey stated he attended his first Animal Shelter Advisory Committee meeting, the Committee is looking at fees charged, regarding the seven historical markers they are different because pictures are laser engraved into the sign, a first for Texas, when he was getting coffee he watched a jogger read a sign, comments made at the November Council meeting about Jeff Newpher with the Friendswood Journal. Councilmember Brown interrupted and made a Point of Order and stated that the subject of past comments about Jeff Newpher with the Friendswood Journal is not of a community concern: City Attorney Arnold Polanco asked Councilmember Rockey where he was going with the subject, and Councilmember Rockey stated that he attends the same meetings and Mr. Newpher does a good job. Mayor Holland stated he attended the dedication of the seven historical markers, read the book called "The Promised Land" about the City of Friendswood, read about smelling figs, very humbling and gratifying to be a part of a community that is proud of its heritage, wished everyone a Merry Christmas, Happy Hannakah, and Happy New Year, thanked Council for their good work and looking forward to next year. CONSENT AGENDA "Councilmember Hill moved to approve all items on the Consent Agenda as presented: A. Approving participation in the Regional DWI Task Force through a Houston-Galveston Area Council (H-GAC) STEP Grant and authorizing the Mayor to sign the Intergovernmental Agreement. B. Accept October 2012 Property Tax Report. C. Approve the minutes of the September 10 and October 01, 2012, City Council Meetings. Seconded by Councilmember McGinnis. The motion was approved 6-1 with Councilmember Brown opposed. The meeting was adjourned at 7:38 PM. Mayor Ke ' olland Attest: Melinda Welsh, TRMC City Secretary I