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HomeMy WebLinkAboutCC Minutes 2013-02-04 Regular 02/04/13 4063 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( FEBRUARY 04, 2013 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, FEBRUARY 04, 2013, AT 4:30 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS) 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR KEVIN HOLLAND MAYOR PRO-TEM JIM HILL COUNCILMEMER STEVE ROCKEY COUNCILMEMBER BILLY ENOCHS COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER JOHN SCOTT COUNCILMEMBER DEIRDRE BROWN (Arrived at 4:46 PM) CITY ATTORNEY ARNOLD POLANCO CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH REGULAR SESSION Mayor Holland called the meeting to order. The invocation was given by Pastor Mike Ross 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 Fred Krch, Friendswood resident, addressed Council and stated his objection to closed executive sessions and gave an example from the City of Houston. WORK SESSION Mayor Holland opened the discussion regarding a request for a financing district from DR Horton Homes, Inc. Land Manager for DR Horton Homes, Adam Lambert, presented a PowerPoint presentation to Council in regards to 373 acres on the south side of Friendswood that DR Horton Homes has under contract. Mr. Lambert began his presentation with an introduction of DR Horton Homes, Inc. DR Horton is the nation's largest builder, recently have brought back Emerald Homes, explained the proposed land plan, showed a map of the proposed project, 2.7 units per acre, described where the project is located and discussed amenities and characteristics, proposed product and pricing, and development issues such as water pressure and fire flows in the area. Michael Preiss with Pape Dawson Engineering, Inc], spoke and gave more detail regarding the development issues. Mr. Lambert spoke again and discussed further what DR Horton Homes is asking for such as a Planned Unit Development (PUD) and a Utility Services Contract with the creation of a Municipal Utility District(MUD), a MUD can finance regional water supply improvements, major thoroughfares, collectors and traffic signal, detention and ditch improvements, major wastewater and water improvements, and no internal street or utilities, presented MUD tax rates in West Ranch, Riverstone, Sienna Plantation and Cinco Ranch, need it to support the financing of the infrastructure, will build a quality development, MUD tax helps happen, without MUD tax the cost of a home would be 130,000 to 140,000 higher, and this developer can see it through the ' distance. John Havenstrite with Marsh Darcy Partners, Inc., spoke regarding cost of service analysis, gave a project overview, 2012 value overview, $1,600 property tax value needed to have a positive impact for the City of Friendswood, project being proposed will meet the property tax value need. Mr. Lambert summarized the project, 847 new homes with an average price of $347,000, built by a high i 02/04/13 4064 quality, financially stable builder, a MUD that provides a solution to regional water pressure and supply issues at no cost to existing residents. Planning and Zoning Commission Chair Mark McLean opened the Planning and Zoning Commission's portion of the joint discussion. Councilmember Rockey asked how the population was calculated for the 847 houses, and Mr. Lambert stated 847 x 2.9 with approximately 2,500 people. Councilmember Rockey asked about how many of the residents would be school age children, and Mr. Lambert stated DR Horton did not pursue and will discuss with the school district. Councilmember Rockey stated he noticed green space around the lake, asked what is planned for the space, and Mr. Lambert answered a large trail system is planned throughout the lake areas, a five acre recreation center with a large resort style pool. Councilmember Rockey stated he is concerned about impact on parks and other resources that are already strained. Mr. Lambert stated DR Horton has park space planned and there are opportunities to add five to ten acre park sites in the project, will have pocket parks. Councilmember Rockey asked if the $3,656 estimated would be the total annual tax income for the City per dwelling, and Mr. Lambert stated that is the average additional value beyond the City's cost per dwelling. Councilmember McGinnis stated he assumes DR Horton has done presentation and projected calculation in other projects they have done, asked if it has proved out in other developments. Mr. Lambert stated they have not done this type of analysis before. John Havenstrite with Marsh Darcy Partners, Inc. stated they have done similar analysis in Lake Jackson and Texas City, each community has its own approach, made sure it reflected views of the City. Councilmember McGinnis asked if projections were on target, and Mr. Havenstrite stated yes particularly in Texas City, proved to be very helpful model for Texas City, Lake Jackson is still working towards building out their project. Councilmember McGinnis stated the Grand Parkway is projected to come through part of the project, could be an area where parks could create a buffer space. Councilmember McGinnis stated Council is meeting tonight with the topic of ' commercial development on the FM 528 corridor, has any thought gone into what type of commercial development would be proposed, and Mr. Lambert-stated they would sell the tract down the road. Councilmember Brown stated she finds this an exciting prospect but has some concerns, would the neighborhood have a Homeowners Association (HOA), and Mr. Lambert stated yes there would be an HOA. Councilmember Brown agrees with comments from other Councilmembers regarding parks, will be a burden on the HOA to support the parks, would rather see less pocket parks because they add to cost of the neighborhood, no way can guarantee pricing on homes, knows DR Horton does well but the higher end homes are the minority versus the majority type of homes built, need to keep the price point comparable to what is proposed. Mr. Lambert stated economically it makes sense for them to put the most valuable house on a specific lot, referenced West Ranch as good example. Mayor Holland asked what is the debt amount and tax rate DR Horton is looking for as far as reimbursement, and Mr. Lambert answered putting a number on it is difficult, cost has already gone up and putting a cap on the project is not a good idea. Mr. Lambert further stated bonds about $30 Million would need to be sold. Mayor Holland stated the tax rate would be at the cap $.65, same as West Ranch, and asked compared to 1,540 houses what is almost three times better about the property. Mr. Lambert stated DR Horton is proposing to put in $4 Million of water improvements to the City at no cost to any other resident of the City than those that live in the district. Councilmember Brown stated the neighborhoods water would tie into the City. Mr. Lambert stated there is a cost to tie into the City, when comparing to West Ranch financing model the purposed model is completely different, is comparing apples to oranges, and does not cost the City anything but cost the residents who choose to live there, without MUD would have to do bare bones. Mayor Holland asked the Planning and Zoning Commission (P&Z) for their input. Planning and Zoning Commission member Mark Tibbitts asked how the cost of services rate was ' calculated, and Mr. Lambert answered basically came up with a number of officers per 1,000 residents. John Havenstrite with Marsh Darcy Partners, Inc., stated that is exactly what they did and Council has i 02/04/13 4065 ratios they try to maintain and they followed that model. Planning and Zoning Commission member Arthur Triplette, Jr., asked who will maintain the streets in the, project including the gated portion, and Mr. Lambert answered that the City would take responsibility of, the streets in the neighborhood, and the HOA would be responsible for the gated portion since the City l and County do not usually maintain the streets for private gated streets. Planning and Zoning Commission Chairman Mark McLean asked what is the time frame, and Mr. Lambert answered would like to get lots on the ground as soon as possible but they understand there is a lot of information still needed, and discussions still to be had to move forward, if had all approvals needed today they could have lots on the ground in nine months. Chairman McLean asked if the drainage ponds would be the HOA's responsibility to maintain, and Mr. Lambert stated typically the weekly maintenance would be covered by the HOA, if there is structural maintenance needed it would be covered by the MUDI Chairman McLean asked if any HOA dues had been calculated and Mr. Lambert stated they have not gotten that far along in the process. i Councilmember Brown stated she is concerned about the bonds and how it allows for the amenities when there is a MUD, should have proposed costs for the operations and maintenance for the HOA, should be a conscious consideration when deciding to proceed with any project. i Mr. Lambert stated if anyone has any questions let him know. i Mayor Holland stated good project but numbers concern him, would like to see parks, and an area fire station. Councilmember Brown stated she is excited about the project. ' Councilmember Scott stated he is not excited about 55 foot lots, fits density model but is not a fan, would be a big hurdle for him. Mayor Holland asked if any of the land is in the floodplain or floodway, and Mr. Lambert stated is on the high side and not in there. Mayor Holland asked when using the bayou as green space how will that work, and Mr. Lambert stated they envision trails, planting trees, would have to do slope improvements. Councilmember Hill stated his concern is also lot size, 90 foot lot is classic Friendswood. Councilmember Rockey stated he echoes the lot size concern, what is the impact on school district, would like that number. Community and Economic Development Committee Chair Skip Evans opened the Community and Economic Development Committee's portion of the joint discussion. Community and Economic Development Committee member Brett Banfield asked how many acres is the commercial lot, and Mr. Lambert answered it is about 25 acres in total that is not included in the 373 acres. Planning and Zoning Chair McLean asked what a smaller lot size would look like, is there something comparable in Friendswood, and Mr. Lambert stated West Ranch and Sienna Plantation is comparable, can supply pictures as well. Mayor Holland stated Emerald Homes were built in the Forest of Friendswood, asked if they were 80 Jt lots, and Mr. Lambert stated that was before his time. Mayor Holland stated Council is definitely interested in looking at this, and City Manager Roger Roecker stated Staff will get with DR Horton and discuss. The City Manager stated when DR Horton first came to Staff stating they wanted to bring a proposal to Council, Staff informed them they needed to make sure it 02/04/13 4066 made financial sense and what the impact would be to the City. The City has worked with Sue Darcy and John Havenstrite from Marsh Darcy Partners, Inc., before. Mayor Holland opened the discussion with the Planning and Zoning Commission and Community and Economic Development Committee to discuss strategies for FM 528, parking regulations, and commercial facade requirements. Economic Development Coordinator Karen Capps stated the Community and Economic Development Committee (CEDC) has met monthly to discuss the FM 528 strategy and they wanted to meet jointly with the Planning and Zoning Commission (P&Z) and Council for further discussion, read the CEDC strategy and purpose of strategy. Ms. Capps read the CEDC recommendations from the FM 528 Strategy, first recommendation is that Council accepts the CEDC FM 528 Strategy by approving a resolution of support. CEDC Vice Chair Pauline Moore continued with the recommendation from CEDC, deter or minimize further development along FM 528 corridor that does not have the potential for increased property and sales tax. Possible action items CEDC is recommending to Council is adopting rules that encourage revenue uses along FM 528, develop a policy to prevent or minimize downzoning of commercial to residential, and seek CEDC input on requests for land use change applications and special financing districts. Vice Chair Moore stated CEDC's mission is to recruit and retain quality businesses to diversify and expand Friendswood's tax base, trying to relieve burden of sales tax on property owners, Ms. Capps and CEDC member Tony Annan met with developers and determined the FM 528 corridor is the best place for development. Ms. Capps stated one of the things the committee talked about was encouraging revenue uses along FM 528 and to look at the Permitted Use Table (PUT), seeing a lot of non-revenue uses, committee asked Staff for input, got information from Assistant City Manager Morad Kabiri regarding places of assembly. Assistant City Manager Morad Kabiri explained the uses for the classification of places of assembly such as schools, churches, banquet centers, places that are vacant a majority of the time but will have high occupancy at specific times. Other cities regulate under the category of places of assembly with a Specific Use Permit (SUP), unique circumstances since are vacant most of the time, there are issues with traffic circulation, parking, therefore requiring an SUP to evaluate on a case by case basis is an appropriate response. ' Planning and Zoning Commission Chair Mark McLean opened the Planning and Zoning Commission's (P&Z) portion of the joint discussion. Councilmember Brown thanked CEDC for pushing the issue forward, has a couple of questions, the City has a development agreement on the Jann property, what has been done to highlight that property, and Ms. Capps stated the Jann property was not discussed. Councilmember Brown stated Council could give direction to CEDC to discuss since bound by a development plan to be promoting the property, and Ms. Capps stated she has offered to provide information on the City website and the information requested has not been provided. Councilmember Brown stated she does appreciate the strategy, have existing Planned Unit Developments (PUD), asked are there concerns with existing PUDs. Community and Economic Development Committee member Brett Banfield stated the committee is not looking at anything in particular, looking at overview of property. Councilmember Brown stated need to consider how the preexisting conditions will meld into a new plan. Mayor Holland stated looking for cash registers to bring revenue and prevent property from going off the tax rolls. Mayor Holland asked CEDC about the later agenda item regarding the multi-family issue. Community and Economic Development Committee member Tony Annan stated no that is not what CEDC is looking for. Councilmember Brown asked if CEDC received an explanation about tax credits, CEDC member Tony Annan stated CEDC is trying to avoid being specific for what the land is used for other than remaining commercial and generating both property tax and sales tax. Councilmember Rockey stated he does not understand how the City deters something, properties are zoned and if someone buys a property zoned a certain way how do you deter them. CEDC member Tony Annan stated can do with downzoning. 02/04/13 4067 Councilmember Brown stated that tails on to what she stated 9P 9 regarding preexisting conditions canno� 9 force people to change their zoning. Councilmember Rockey stated how do you do that with someone who already owns the property and bought it under the assumption it was zoned a certain way. Economic Development Coordinator Karen Capps stated CEDC discussed when a requestor comes and requests rezoning it goes through the Planning and Zoning Commission (P&Z) and Council for approval and if not in the Future Land Use Map as being residential then not approving the request. Mayor Holland stated it is like the Community Overlay District, when transfer of ownership takes place under the new guidelines, would be under what they bought the property as. Councilmember Hill stated if a person bought property zoned for commercial and wants to put a medical office or something like that then cannot deny them, concerned it could become a legal issue to deny a zone change. CEDC member Tony Annan stated that is the reason using the word deter rather than prevent. Further stated he is the newest member to CEDC, background is in retail, builds retail stores all throughout the United States, knows most of the developers and has worked for most retailers in the nation. Brought developers and retailers to the table and asked them about their interest in Friendswood and what their goals are, most developers are putting their efforts and resources in the Highway 45 corridor. Friendswood still has a lot of potential, most development the City will see will be small developers, there is not a developer currently with huge commercial tracts in Friendswood, there are some lots of land that are possible to do this with, trying to help not squander that real estate. Mayor Holland stated use assets wisely and comply with people's property rights. Mr. Annan further stated CEDC would like guidance from Council to stay the path or change direction. ' Councilmember Brown stated is a good start to planning efforts, Mr. Annan is with a large construction company and other members are assets to the community, a lot of work moving it forward and suggestei doing a monthly update on FM 528 corridor at each Council meeting, good way to put a priority on this. Councilmember McGinnis thanked CEDC for their work, main point is the committee would like a long- term strategy of encouragement of different retail development along FM 528, committee would like to have regular meetings with Keep Friendswood Beautiful (KFB) and the Parks and Recreation Board. Councilmember McGinnis further stated he does not want to see the FM 528 area look like Bay Area Boulevard, retail is so dense in that area it is not a pleasant drive, driving from one end to the other is still a pleasant drive in Friendswood. Community and Economic Development Committee member Hilmar Zeissig stated CEDC did not want tb invade on the competence of other committees or Council, committee understands it is a complicated process to zone and permit, idea was to lay something down for the record and refresh for future City Councilmembers to be aware that the current Council made a decision to direct the FM 528 development into a certain direction. The strategy is for the long-term and establishing principle to make people aware from time to time. Councilmember Hill stated when he first got elected downtown Friendswood had been dormant for many years, worked on financial incentives, good guidelines, it worked in the downtown district, did not do with more regulations, need to get the best thing for our City, agrees with what they are doing and keep coming up with ways, financial incentives seem to always work. Councilmember Enochs stated when he first read the strategy he thought it was a cry for help and sees a need for alignment in committees, suggested changing the negatives in the document to keep it positive, read from the CEDC strategy regarding infrastructure, should get ideas on the Capital Improvement Plan, lots of competition for resources in the City. Councilmember Rockey stated he supports bringing an update to Council more frequently, would rather have a plan and some thought prior to someone coming to Council and they have to turn them down. 02/04/13 4068 Mayor Holland stated seems all of Council are in agreement and should do under the City Manager Report monthly, understands the tough spot CEDC is in, the strategy with KFB is working, infrastructure is needed in some of these places and that has deterred development. Would like to see focus on area from Highway 35 to Highway 45 along FM 528. On zoning maps a lot of this area is set up for what CEDC would like to do. Economic Development Coordinator Karen Capps stated there are quite a few tracts that are designated in the Future Land Use map as commercial, but they are zoned residential. CEDC realizes all of the land would not be developed as commercial, but would have liked to have seen more commercial in that development. The Coventry Development Corporation (CDC) tract that is 60 acres in the Future Land Use map as commercial, but is zoned as single family residential. Mayor Holland stated that was a land swap with League City. Mayor Holland and Ms. Capps had a brief discussion regarding the possible acres available to develop between Highway 35 and Highway 45 on the FM 528 corridor and the economic feasibility regarding infrastructure. Councilmember Brown stated is not economically feasible. She further stated one thing that came up with flood maps in regard to the Future Land Use Plan, none of the new maps were out when the Future Land Use plan was reviewed, might need to revisit, example is the Whitcomb tract which was affected greatly in Harris County, not sure if any properties were affected on the Galveston County side. Mayor Holland stated there will be hearings on floodplain maps, not sure who the property owner is to let them know, and asked what the number was regarding infrastructure. Assistant City Manager Morad Kabiri stated in the current Utility Master Plan there is roughly $4 Million ' worth of utility projects and waterline improvements to extend utilities to the DR Horton tract. Economic Development Coordinator Karen Capps stated CEDC's final recommendation is to hold an annual joint work session with the other committees as Councilmember Enoch's suggested. Mayor Holland stated he appreciates CEDC, and enjoyed attending their meeting. Councilmember Brown asked if the monthly updates to Council should be done under Committee Reports instead of the City Manager Report, should have a committee member present the report. Mayor Holland asked the members of CEDC if that was acceptable, and the members of CEDC agreed. Councilmember Jim Hill stated Committee Reports are usually only once a year. Councilmember Brown stated this would strictly be for an update on the FM 528 issue. Councilmember Hill asked if the Chair of the committee would be present at each meeting to present the report, and Councilmember Brown stated the Staff liaison could present an update if committee members could not attend. Mayor Holland asked CEDC if this was acceptable, and CEDC members said it was. Planning and Zoning Commission member David O'Farrell stated he has experience with a development career in Friendswood and gave a presentation on parking recommendations, gold standard he learned is five per 1,000. Having dealt with first tier tenants, types of high quality and high yield tenants will look for four per 1,000. He first came onto the Planning and Zoning Commission (P&Z) a few years ago when the pawn shop project first came up, there were ordinances on the books that would allow developers to drop down to two per 1,000, patrons would have to park across FM 518 and cross the street to shop at the facilities, was not practical, architect that did the plans stated he did not recommend the parking grid, parking is difficult to fix after the fact, City Hall is a good example, utilization rate of far-off parking for City Hall is low except at certain times, gave other examples such as Shear Pleasure Salon and Robert's Business Park who need additional parking, at some point all the tracts develop out and have no additional parking, have to be able to park a person close to the building in order to sell them a good or i 02/04/13 406C service, need to be careful, does not think problems are horrible, had a bigger problem several years ago in downtown that has improved, need to look carefully at ordinances and make minor tweaks. Mayor,Holland stated when he was on P&Z they had conversations about parking and made improvements, adopted the national standard, and was better than what the City had before. Planning and Zoning Commission Chairman McLean stated are currently using the national standard in the Design Criteria Manual regarding parking for different types of establishments, with an ordinance if one space short cannot get approved, with the Design Criteria Manual there is more room for deviation!, allows for wiggle room to approve the site plan. Assistant City Manager Morad Kabiri asked for Council direction on what they want to see. Council was in agreement to make no changes to the ratio and keep it in Design Criteria Manual. Planning Manager Nick Haby presented a PowerPoint slide with recommendations from P&Z for fagade requirements/building materials, and further stated P&Z has been discussing the fagade requirements/building materials in the Community Overlay District (COD), Community Shopping Center, Neighborhood Commercial, Local Neighborhood Commercial, Office Park District, and the Downtown District. P&Z is recommending brick, masonry, stone, stucco, or glass on all sides, no wood, cement fiber boards (Hardiplank), metal, still allow metal in A-1, L1 and I unless in COD. In COD only, recommend limiting exteriors to color palette of earth tone, including roof. Councilmember Brown left Council Chambers at 6:09 PM. Planning and Zoning Commission Chairman McLean stated the commission has had some site plans that have been presented to them that the commission felt like the plans did not measure up to what people would like to see along the commercial avenues, had a presentation from a Masonry Council, enhances the quality of what the community looks like, and still a work in progress. Mayor Holland asked about fenestration, and Chairman McLean stated that is a requirement in the Downtown District, if on a side street or on the back of a facility can have a fake window but has to meet the fenestration requirement. Mr. Haby stated in COD now, if any part of the building is visible from the thoroughfare has to have a certain type of material on it, recommendation is to require for all sides of the building to have the certain type of material. Planning and Zoning Commission Chairman McLean stated it is a work in progress, commission has been working on a rewrite of the entire zoning ordinance, and is about a meeting or two away from having something for Council to look at. Mayor Holland thanked the commission, and stated the City is going to see redevelopment in the small tracts that Mr. O'Farrell was talking about, a developer will have an idea of what to expect and understanb what they can build. Councilmember McGinnis asked if a developer such as Whataburger with an orange roof would they have to get special permission, and Chairman McLean stated if the City sets a standard the developer will comply, there is a lot of leeway with what can be done on the site plan. Councilmember Brown returned to Council Chambers at 6:14 PM. Councilmember McGinnis stated he would imagine there could be a national chain whose design would involve a wooden exterior, would be a nice business, asked would P&Z work a developer like that, and Chairman McLean stated can work with people that meets or exceeds what is in the plan. Planning and Zoning Commission member David O'Farrell stated the larger the company is nationally the 02/04/13 4070 more they are aware of stringent requirements. Planning and Zoning Commission Chair McLean stated look at Wal-Mart in Plano or Frisco, design looks very different, and they will meet what is required. Community and Economic Development Committee member Hilmar Zessig stated he was on the Community and Economic Development Committee in Sugarland when McDonalds and Whataburger wanted to develop in Sugarland, very tough discussions regarding color on signage and fagade roofs, eventually they submitted and met the requirements. Planning Manager Nick Haby stated P&Z is working on recommendations that they will bring back to Council in the future. Mayor Holland thanked P&Z and stated he appreciates what they are doing, knows they are working with CEDC to bring economic viability to Friendswood. Planning and Zoning Commission Chair Mark McLean adjourned the Planning and Zoning Commission's portion of the workshop until the Joint Public hearing portion of the Agenda. Mayor Holland opened the discussion regarding the private use of City vehicles. Councilmember Rockey stated Council had been made aware of an anonymous letter sent to a Councilmember and there was some interest from a local media source, for transparency he requested the item be placed on the agenda. City Manager Roger Roecker explained the policies handed out to Council, Personnel Policy Section 7.06 pertains to vehicle allowance and take home vehicles, limitations on City vehicles and the allowance are defined in Vehicle Policy Sections 15.08 and 15.13 as well as Police Department Policy Section 2-20. ' Purpose of vehicle allowances is to provide reasonable compensation to employees for use of their personal vehicle while on duty. Eligibility is based on several factors, routine use and completion of duties, employees having after hours responsibilities, and market competitiveness. Those employees who have vehicle allowances are not expected to use their vehicles during a disaster situation. Allowance rate is determined by using the Internal Revenue Service (IRS) mileage reimbursement rate, last adjusted in 2008 to the current amount of $450, next budget year will be adjusted to $500, is a taxable fringe benefit, as a result assuming 15% net amount is $325 to $350 range, cover the cost of purchasing the vehicle, fuel, maintenance, etc. Currently 11 employees receive the allowance, no Public Safety employees receive allowances, total annual budget is $59,400, provided info to Council in the past regarding the cost to provide a City vehicle versus allowance is higher. The City Manager explained police vehicles used for deterrence, determines who has take-home vehicles and explained the criteria. Police Chief Bob Wieners explained a video shown as an example of de minimis use, underscores vehicle assignments. The City Manager stated regarding taxability on take-home vehicles, those that are not Public Safety or using vehicles equipped are outside of the IRS requirements of being taxed for the commute. Councilmember Rockey asked if the current practices have been through the audit review, and the City Manager stated auditors review the taxability and payroll portion, may not have reviewed all policies. Councilmember Brown stated she appreciates the video, anonymous letter was received by her and was not a police vehicle, one of the questions was the audit issue, IRS is starting to audit municipalities more often, looking at vehicle and cell phone allowances, why not add to the salary, has brought up in the past, would help pay scale, merit increase would be more, policy is from 1996, Council does not approve policies, is not following policy, read from the policy, routine use is 50%, need to amend policy for what is being practiced, letter stated vehicle allowance was paid to someone using a City vehicle. Councilmember Brown asked for Staff to ratify if any employees receiving a vehicle allowance also take home a City vehicle, and the City Manager stated he had already ratified Councilmember Brown's question that there are none. Councilmember Brown further stated she received copies of the documents that were provided to the member of the media that did an Open Records Request and the policies were 02/04/13 4071 not included and should have been, need to review policy, not following how current policy is written, need to ratify to the citizens that there is not an issue. Mayor Holland stated he is ratified by the response from the City Manager. Councilmember Rockey stated he appreciates the City Manager bringing information, suggested next time audit happens have the policies reviewed, administrative decision regarding people eligible and if policy is on track with needs, if we are not following the policy as written, suggest bringing an amended policy to Council. The City Manager stated when auditors come they do ask if there is an area of concern, and Staff would be happy to have them take a closer look, currently working on amending the entire set of personnel policies. Councilmember Enochs stated he has heard of no reports of violations prior to this complaint, asked if there has been any complaints prior to the current one, and the City Manager stated not that he is aware of in the last 24 years. Councilmember Brown stated some receiving car allowances do not routinely use their vehicle for the day to day duties of their position, should amend policy to reflect usage. It was an anonymous letter, concern expressed in the letter regarding retaliation, spoilage of documents, used language of someone who is familiar of City process, even if it was for a lunch break, Staff is stating nobody has ever taken a car home for personal business. Mayor Holland recessed the meeting at 6:44 PM and reconvened the meeting at 7:00 PM. ' SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS City Manager Roger Roecker presented the Five Star Spirit Award. The Five Star Spirit Award is given each quarter to an employee who has exhibited the five characteristics on which the award is based L Courteous, Competent, Reliable, Professional and Enthusiastic. The recipient for the fourth quarter of 2012 is Pete Garza. Mr. Garza is a Parks Laborer for the Community Services Department, and was nominated by the Teen Court Coordinator who had received a compliment from a parent whose child haLl performed community service with Mr. Garza. The City Manager thanked Mr. Garza for his hard work and congratulated him on receiving the Five Star Spirit award. With concurrence of Council, Mayor Holland moved to Agenda Item 8, Communications from the Public. COMMUNICATIONS FROM THE PUBLIC Mitch Mitchell, former long-time resident of Friendswood, addressed Council and stated he is the developer of Friendswood Lakes, is at the meeting to talk about Gardens at Friendswood Lakes, discuss rezoning issue of 2.8 acres with an expansion of the project, 36 additional units, represents the owner of Friendswood Lake Commercial Properties Limited, please approve resolution to go on with the project, is a shining star in Friendswood. Les Kilday, Kilday Operating, owner of Garden at Friendswood Lakes, addressed Council and stated the are proposing an additional 36 units, will be added to current 114 units, has been open since mid-2009, occupancy is over 95% occupied, has a waiting list of 28 residents which is a year's worth, through tax credit program pay full property taxes, representatives of development team are present to answer questions. Phil Yates, Friendswood resident, addressed Council and stated he serves on the Board of Friendswood Lakes Homeowner's Association, is speaking in support of this project, talked to everyone that lives behind the complex, 38 homes are in support of the project, submitted a signature page to Council, received no negative feedback, as a community supports the project wholeheartedly. The Friendswood 02/04/13 4072 school swim team won district and plans to win regional. Glen Grayban, Friendswood resident, addressed Council and stated he is in favor of the Garden at Friendswood Lakes development, has lived there since Friendswood Lakes subdivision was first built, developed relationships throughout the community, has starter homes, retirement homes, loves living there, has made lifelong friends there, concept of increasing the amount of people that can stay in this retirement home is exciting. Debbie Boyer, Friendswood residents, addressed Council and stated she is in favor of the Garden at Friendswood Lakes development, would take place directly behind their home, have been a great neighbor. Pam Beeth, Friendswood resident, addressed Council and stated should have the Library Bond election as soon as possible, floor plan and blue prints are a year old already, does not expect interest rates to drop or rise, does expect inflation to affect the project, many people are ready to campaign for it, will be same time as election, have been working on this for 10 years and is ready. Mona Palmer, Friendswood resident, addressed Council and stated she is a member of the Friends of the Library, if you cannot find something to interest you at the library you are dead, always something for everyone, helps teens stay out of trouble, a lot for adults, went to an art class and painted a picture, librarians are hard workers, moves things around to make room, respects them so much with the work they do, have been working on this project for too long, time to get the library project on the road. Pam Beeth, Friendswood resident, returned and stated once the Library Bond election is over with then can concentrate on other bond issues. With concurrence of Council, Mayor Holland moved to Agenda Item 7, Joint Public Hearings. ' 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 a Zone Classification change request for a tract of land containing 1.52 acres out of Lots 1 and 3, (1-5) Block G, of Central Park Subdivision, property located at 1109 Cowards Creek Dr., Galveston County, to change from Single Family Residential (SFR) to Single Family Residential—Estate (SFR-E). Planning and Zoning Commission Chair Mark 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 Zone Classification change request for a tract of land containing .4821 acres out of Lot 4 (4-4), Block 9, of Friendswood Subdivision, property located at 307 E. Edgewood Drive, Galveston County, to amend Specific Use Permit (SUP) #2011-18 to add NAICS use #442 — Furniture and home furnishing stores, NAICS use #448 — clothing and clothing accessory stores, NAICS use#451 —sporting good, hobby, book and music stores. Planning and Zoning Commission Chair Mark McLean stated that Planning and Zoning Commission member David O'Farrell will be speaking on this rezoning request and has recused himself from further consideration from the Planning and Zoning Commission. Planning and Zoning Commission Chair Mark McLean asked if anyone would like to speak in favor or in opposition of the request. 02/04/13 4073 Robin Killingsworth, Friendswood residents, stated she is one of the applicants and has been operating out of her home, has a need for a formal office, will give her great credibility and a stronger outlet to grow, her client base, franchise prototype, would like to sell retail items as well, nothing nearby that compares to what she would like to do, will not receive inventory at this location, does not plan to sell upholstery, will sell case goods and gave examples. Marylyn Reed, owner of property, stated would like to expand the items for the SUP in case they get another tenant then they can accommodate a larger number of people to come in to the property. Steve Weathered, City Attorney, addressed Council about Planning and Zoning Commission member David O'Farrell recusing himself and was now going to speak. David O'Farrell, Friendswood resident, gave a brief history on the rezoning issue of the quadrant, today houses Melody Plaza II, Cervelle Homes, Trinity Care, and Top Printing, represented a paradigm shift for this quadrant, spoke to all adjacent owners to see how they would feel, asking Council to deny this request, signage is an issue, is not a fit. Planning and Zoning Commission Chair Mark McLean adjourned the Planning and Zoning Commission's portion of the Joint Public Hearing to the upstairs conference room. Mayor Holland left Council's portion of the Joint Public Hearing open. With concurrence of Council, Mayor Holland moved to Agenda Item 9, Communications from Committees and Special Reports. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS ' Animal Shelter Advisory Committee Chair Dr. Alexander Young gave the annual report. Construction adjustments are still being made, shelter is functioning well, great volunteers, are an enormous aid, have three to four volunteers per day to assist, recognized Friendswood Animal Advocates because a lot of volunteers come from that group, Alvin Community College provides vet techs and Friendswood Independent School District has a new Future Farmers of America group that will provide volunteers. I'P 2012, received a little over 1,100 calls, live release rate on calls was 80%, with help from the volunteers have placed 32 animals a month on average, committee only met three times, in the future will look at pet adoption fees, those who were anxious to get this facility in place can be thankful for the effort everyone put forth to get the new facility open. Councilmember Brown asked if the committee has had any discussions regarding dog parks, and Dr. Young stated the committee would be happy to discuss dog parks. Councilmember Brown stated she was impressed with the matrix of the graph for animal adoptions, significant improvement since 2008, and Dr. Young stated that is typical Friendswood, is lucky to have the volunteers that help get things done. Councilmember Scott stated he was going to let Community Services Director James Toney give the report from the Parks Subcommittee. Mr. Toney gave an update on Scenario No. 1 that was voted on and approved by Council at the August 06, 2012, meeting. Items included in Scenario No. 1 were to develop and install a Canoe Portage at 1776 Park and West Ranch, install field lighting at Centennial Park Field 33, develop and install a Dog Training Park at Imperial Estates, develop a Hike and Bike Trail System at Imperial Estates and 1776 Park, develop a Disc Golf Course at Imperial Estates, develop antl install a Splash Pad at Stevenson Park, and develop a Pedestrian Bridge connecting Stevenson and Old City Parks. Imperial Estates projects are on hold because of litigation, lighting at Centennial Park has been completed as of November 2012, purchase orders are being issued for the Splash Pad and repairs to the gazebo at Stevenson Park, recommended completion date will be April 2013, the Pedestrian Bridge connecting Stevenson Park and Old City Park should have a purchase order issued by the end of February and should be completed by Summer 2013. At the September 2012 meeting, Council earmarked approximately $580,000 to be utilized in opening of Lake Friendswood, Staff has meet with Rancho Viejo residents as directed by Council to solicit their input, after further discussions with Council, Staff was directed to develop a scope of work for fencing the lake, project will be bid out formally once 02/04/13 4074 surveying work has been completed. Mr. Toney discussed a matrix that listed the status of the previously discussed projects in relation to the budget. Mr. Toney further stated the Parks and Recreation Board along with the Ad-Hoc Committee appreciate Council earmarking funds to help improve the City's current park facilities and provide a better quality of living for the residents. Councilmember Scott commended Staff, gave direction and hard dollars on estimates, all current projects will come in on or under budget, hopefully the rest of the projects will go as they are, can do Canoe Portage since it is in 1776 Park, did get part of the survey back for Lake Friendswood and are now waiting on the remaining portion. Mayor Holland stated sounds like the subcommittee has completed their work, asked Councilmember Scott and Community Services Director James Toney if the subcommittee was finished with the line of work Council directed the subcommittee to do. Councilmember Scott stated no, still have projects on hold, had a meeting two weeks ago and part of that was to discuss what items were left and momentum behind getting projects done, until the items that are on hold are in motion the subcommittee has not completed what Council voted on and approved to do, in limbo with projects in Imperial Estates. Councilmember Brown stated she has a concern with the representations that Council approved Scenario No. 1, discussed that projects would be brought back to Council for bidding processes and review with further decision by Council, have not been proceeding in that way, Mr. Toney stated funds were earmarked and not expenditure, to the extent that these funds have been approved for use do we have votes on all expenditures made. Councilmember Scott stated yes they were voted on and approved, every item in Scenario No. 1 was voted on with the budgeted numbers, further stated he made a motion to allow the Mayor to approve all of ' those things and Council decided not to do that. Councilmember Brown stated will have to look back, did not vote on a bridge, splash pad was a revision after Council had approved Scenario No. 1, will have to double-check, glad things are moving forward, need to clean it up, does know Council had lengthy discussion about funds were only being earmarked. Councilmember Rockey stated he remembers the conversation well, earmarking was solely for Friendswood Lakes and would bring back to Council for final resolution, on Scenario No. 1 Council voted on the items, the amounts, and to proceed. Councilmember Brown asked if Councilmember Rockey had the dates they were voted on. Councilmember Rockey stated he refused to answer the question. "Councilmember Enochs moved to go into Executive Session to receive an update from the City Attorney on the items that are on hold. Seconded by Councilmember McGinnis. The motion was approved 5-2 with Councilmembers Rockey and Brown opposed. 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 6-1 with Councilmember Brown opposed. CLOSED EXECUTIVE SESSION 02/04/13 4075 ' 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 for an update on Horn vs. City of Friendswood). Council reconvened into Open Session with no action taken later in the meeting. RECONVENE INTO OPEN SESSION CITY MANAGER'S REPORT City Manager Roger Roecker reported that Council may recall a notice from last August regarding Texas- New Mexico Power's (TNMP)Transmission Pole Replacement Program within the southwestern region of Friendswood. Since the last update, TNMP has completed engineering and design to replace their existing standard H-Frame wood transmission poles with a single steel pole from the Hastings electrical sub-station to the Friendswood sub-station. The removal of the existing poles and installation of the new poles will require heavier machinery than normal, and the new poles will be mounted on poured in place concrete bases which will require additional equipment. TNMP has informed the City that the replacement program is required to withstand current National Electric Safety Code (NESC) Extreme Wind Weather Cases. The City has been advised there will be no disruption in service during installation. TNMP anticipates completing the project by the end of April 2013. 1 The City Manager reported Federal Emergency Management Agency (FEMA) representatives along with local and county officials will be hosting Open House meetings providing Galveston County citizens an opportunity to get feedback on draft updates to flood maps, also known as Flood Insurance Rate Maps ' (FIRMS). One public open house meeting is scheduled on Galveston Island, on February 19, 2013, at the Moody United Methodist Church. Another open house is scheduled in League City, on February 2d, 2013, at the League City Arolfo Civic Center. During the meetings, residents will be able to locate their property on the new draft maps and compare with those currently in effect. Once residents view the information, they will then have the opportunity to speak with members of the FEMA project team, flood insurance professionals, and local, county and state officials to assist in addressing any concerns. The City Manager reported the Fire Marshal's Office (FMO) and Office of Emergency Management (OEM) will host a Skywarn class at the Friendswood Public Library on February 07, 2013. Skywarn is a program sponsored by the National Weather Service Office. Participants in the class will be trained on what to watch for in the skies during a severe weather event and how to relay reports back to the local Emergency Management Office and/or the National Weather Service (NWS). Volunteers that have received this training will be able to provide valuable information to the NWS to improve the waming program which could save lives and prevent property damage in the community. This is just one example of the Emergency Management planning activities the City has undertaken that have resulted in odr receiving StormReady recognition by the NWS. The City Manager reported at the last Council meeting it was reported to Council that the Citizens Bond Advisory group would be meeting later in January. The first meeting took place on Monday, January 28, 2013. Staff provided historical information concerning previous bond elections, both for the City and Friendswood Independent School District, and gave examples of projects that the 2003 Bond Referendum funded in the City. Background information regarding the City's Capital Improvements Program was given, and Staff summarized a projected timeline for work to be done in order to call a Bontl Election in November 2013, if the citizens recommended a Bond Election. Staff asked the Advisory Group to review the Capital Improvements Program (CIP) information on the City's website to familiarize themselves with examples of proposed City projects. More detailed, specific information will be provided ' in the future. The group members who were in attendance indicated they planned to divide into three or four smaller research groups at the next meeting. Two follow-up meetings have been scheduled for February 6, and February 12. The Advisory group requested that Staff provide more information related to the CIP and related financial information at the next meetings. If time permits, the Advisory Group may 02/04/13 4076 divide into smaller groups of their choosing and begin their work. City Staff will be available to meet with ' each group and will schedule future tours of facilities and other locations, as needed. The City Manager reported that the City of Friendswood recently won the Bay Area Houston Magazine's Best of the Bay Award for the Best City to Live in 2012 at the Bay Area Houston Magazine's 16th Best of the Bay Awards. The Bay Area Houston Magazine's Best of the Bay Awards are People's Choice Awards where thousands of Bay Area Houston residents voted online or mailed in their votes. The Best of the Bay award winners are businesses that excel in the midst of strong competition, and that go above and beyond good service. This award is Friendswood's latest of several recognitions that the community has received in the last few years, including CNN/Money Magazine's "Best Places to Live in 2007 and 2009," BusinessWeek Magazine's "Best Affordable Suburbs of 2009," and being named as one of Family Circle Magazine's"Best Town for Families in 201 V ACTION ITEMS **Councilmember Brown moved to require the Parks Subcommittee to have publically noticed meetings and keep minutes of such meetings. Seconded by Councilmember McGinnis. The motion failed 2-5 with Mayor Holland and Councilmembers Hill, Enochs, McGinnis, and Scott opposed. ***Councilmember Hill moved to amend the main motion to disband the Parks Subcommittee, and have Councilmember Scott as the Parks and Recreation Board liaison report back to Council with updates. Seconded by Councilmember Brown. The motion to amend failed 3-4 with Councilmembers Rockey, Enochs, McGinnis, and Scott opposed. ****Councilmember Brown moved to amend the main motion to keep minutes. Councilmember McGinnis refused to second the amendment. ' Councilmember Brown withdrew her amendment to the main motion. *****Councilmember Rockey moved to have Council set a Sunset date for the Subcommittee on April 30, 2013. Seconded by Councilmember Brown. ******Councilmember Rockey moved to amend the main motion to change the Sunset date to the first Council meeting in May 2013. Seconded by Councilmember Brown. The amended motion was approved unanimously. Mayor, Council, and Staff held a lengthy discussion regarding that concern has been raised to several Councilmembers that the subcommittee has three Councilmembers, and should Open Meeting procedures be followed due to the current litigation, discussed disbanding the subcommittee, Councilmember Scott is Parks and Recreation Board liaison and can report updates to Council. Further discussion was held regarding the question of if the subcommittee's work was completed, subcommittee has made a lot of progress, subcommittee does not want Scenario No. 1 plans to lay dormant and lose momentum. A recommendation was made to set a Sunset date for the subcommittee since there is only two to three months left to complete the projects. No motion was made to approve action regarding Lake Friendswood and update on status of the issues and budget items regarding the lake discussed at prior council meetings. **Councilmember Brown moved to appoint a Councilmember to attend the Bay Area Houston Economic Partnership (BAHEP), May 20, 2013, trip to Washington D.C. Seconded by Councilmember McGinnis. ' ***Councilmember Brown moved to amend the main motion to appoint Councilmember Rockey to attend the Bay Area Houston Economic Partnership (BAHEP), May 20, 2013, trip to Washington D.C., and use 02/04/13 4077 Ile contract allotment. Seconded by Councilmember McGinnis. The amended motion was approved unanimously. Mayor and Council held a brief discussion regarding who was available to attend the BAHEP advocacy trip, and Councilmember Enochs gave a brief explanation of his experience on the trip he attended last year. **Councilmember Brown moved to direct Staff to take all necessary action to put a May Bond Election for the Library on the ballot. Seconded by Councilmember McGinnis. The motion failed 1-6 with Mayor Holland and Councilmembers Hill, Rockey, Enochs, McGinnis, and Scott opposed. Mayor and Council held a discussion regarding the fact that there are residents requesting a Library Bond election in May, Council has discussed the issue at prior Council meetings. The Friends of the Library would like the Library Bond to stand alone as the only bond on the May 2013 ballot. A Citizen Bond Group has been formed to discuss the appropriate way to handle all bond issues, and should there be one or two bond elections. **Councilmember Brown moved to have Staff investigate putting together a job description for a part-time in-house attorney to assist the Staff on a day-to-day basis at a lower hourly cost than using the City Attorney. Seconded by Councilmember Rockey. The motion failed 2-5 with Mayor Holland and Councilmembers Hill, Enochs, McGinnis, and Scott opposed. Mayor, Council, City Attorney, and Staff held a lengthy discussion regarding the fact that many cities have part-time attorneys, rate of pay for position, would it be a significant savings, suggestion made to use ' paralegal for position. With the demands of the part-time position could see turning into full time positio would end up spending more money than saving. City Attorney stated his firm is responsible for the da�- to-day matters, part-time position would answer to the City not the City Attorney, could not carry position on the Errors and Omissions policy, City Attorney could not be responsible for something potentially going wrong. **Councilmember Brown moved nunc pro tunc to approve the Citizen Bond Committee in accordance with the conversation that was had by Council during a workshop at the December 2012 Council meeting. Seconded by Councilmember Rockey. The motion failed 2-5 with Mayor Holland and Councilmember' Hill, Enochs, McGinnis, Scott opposed. Mayor, Council, City Attorney, and Staff held a lengthy discussion regarding if Council has taken action in properly forming a Bond Committee, City Manager told the group of volunteers they were not a committee and have not been appointed a City committee, Staff is not violating any laws per the City Attorney, definition of a committee was given. Councilmember Rockey called the question. The vote to call the question failed 4-3 with Councilmembers Hill, Enochs, and McGinnis opposed. The question was not called, vote requires a super majority. Further discussion was had between Mayor, Council, Staff, and City Attorney. Councilmember Hill called the question. The vote to call the question was approved 5-2 with Councilmembers McGinnis and Brown opposed. RESOLUTIONS ' **Councilmember McGinnis moved to approve Resolution No. R2013-01 -A resolution of the City Council of the City of Friendswood, Texas, urging the State Sunset Advisory Commission to continue allowing Port of Houston Authority Commission appointments to be made through existing county and municipal 02/04/13 4078 officials; and repealing all other resolutions inconsistent or in conflict herewith. Seconded by Councilmember Scott. The motion was approved unanimously. ' "Councilmember Rockey moved to approve Resolution No. R2013-02 -A resolution of the City Council of the City of Friendswood, Texas, designating the Mayor as the City's representative in seeking eligible grant funds under VX — General Victim Assistance — Direct Services Programs Solicitation for Planning Year 2014; and authorizing the submission of such grant application to the Criminal Justice Division of the Office of Governor. Seconded by Councilmember McGinnis. The motion was approved unanimously. "Councilmember Rockey moved to approve Resolution No. R2013-03 - A resolution of the City Council of the City of Friendswood, Texas, supporting Kilday Operating, LLC application to the Texas Department of Housing and Community Affairs (TDHCA)for 2013 Housing Tax Credits. Seconded by Councilmember Hill. The motion was approved 4-3 with Mayor Holland and Councilmembers Scott and Brown opposed. Mayor and Council held a lengthy discussion regarding the development having not impacted emergency services, occupancy number is high, neighbors would like development, good to provide a facility for seniors to live independently, will help promote the seniors in Friendswood, and tax value explanations. ORDINANCES "Councilmember Hill moved to approve the Second and Final reading of Ordinance No. 2012-36 - 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 Rockey. The motion was approved 6-1 with Councilmember Brown ' opposed. "Mayor Holland moved to approve the First reading of Ordinance No. T2013-02 - An ordinance approving a vacation of a public easement situated on property located at 1310 Steele Drive, Friendswood, Texas; authorizing the Mayor to execute and the City Secretary to attest a Quitclaim Deed by and between the City and Jon S. and Shelley Skeele. Seconded by Councilmember Scott. The motion was approved unanimously. "Councilmember Scott moved to approve the First and Final reading of Ordinance No. 2013-03 - 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 IV" 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 Hill. The motion was approved 6-1 with Councilmember Brown opposed. With concurrence of Council, Mayor Holland moved to Agenda Item 18 F, Ordinance No. 2013-06. "Councilmember Scott moved to approve the First and Final reading of Ordinance No. 2013-06 - An ordinance of the City Council of Friendswood calling for the holding of a General Election on May 11, 2013, for the purpose of electing two (2) councilmembers, (Position numbers 4 and 6); ordering a Runoff Election on June 15, 2013, if necessary; and making other provisions related to the subject. Seconded by Councilmember Rockey. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Rockey stated he had no report. ' Councilmember Enochs stated at the last Library Board meeting they nominated the new chair and vice 02/04/13 4079 chair, thanked Mike Czarowitz for being the new Library Board Chair and Pamela Beeth for continuing o ' as Vice Chair, and thanked Council for their support of the library. Councilmember Hill reported on Tom Burke's passing, longtime resident of Friendswood, Mr. Burke and his wife Penny served the City in various capacities for many years, funeral is tomorrow at 2:00 PM. Councilmember McGinnis stated he attended the Harris County Mayor's and Councilmembers' Association meeting in Bellaire, main topic was about charities and foundations, City of Bellaire lost at police officer a few months ago and they expressed they were grateful for the communities that supported them during that time of loss, attended the leadership meeting for the Volunteer Fire Department with Councilmember Enochs, went to Texas Municipal League (TML) Elected Officials Conference, brought a legal paperback for Councilmember Brown and some things for the City Manager regarding bond issues', one of the main topics was water, another presentation was from Peter Kageyama author of "Love of Cities". Councilmember McGinnis further stated he has decided to run for reelection, thanked the citizens and is deeply appreciative and honored to the citizens who elected him. Councilmember Scott stated he was at the Texas Municipal League (TML) Legislative Briefing in Austin this morning, discussed gun control, water, met with two councilmembers from League City, was an interesting day, was an honor to represent the City, would like to see them give control back to us. Parkas and Recreation Board met on January 30, 2013, with lady running Farmer's Market in Pearland, will continue to work with her to get a Farmer's Market in Friendswood. Councilmember Brown stated regarding Bay Area Houston Economic Partnership (BAHEP)trip to support NASA, Ellen Ochoa was recently named the Director of Johnson Space Center, congratulated Ellen Ochoa, Senior Citizen Committee has bylaws that only affect their committee and are trying to revise them, have a Valentine Dance coming up, there is a re-launch of a local magazine called "Change" and ' changing the name to "Community Creating Change", recently the magazine promoted League City, if you want to get exposure for your events then contact them. Steel Magnolias play starts on Friday and she will be playing the mother. Mayor Holland stated he spoke at the Knights of Columbus in League City, attended the Chamber Gala, attended the Citizens Advisory Group and was impressed with the amount of people that attended, will be going to Austin for a legislative conference the third week in February. CONSENT AGENDA ."Councilmember Scott moved to approve all items on the Consent Agenda as presented: A. Authorizing the Police Department to dispose of four City vehicles through Houston Auto Auction. B. Accept paving and utility improvements for the Lake Mist Lane Extension in West Ranch Subdivision for the contractor`s one-year maintenance period. C. Accept December 2012 Property Tax Report. D. Approve the minutes of the January 07, 2013, City Council Meeting. Seconded by Councilmember Hill. The motion was approved 6-1 with Councilmember Brown opposed. With concurrence from Council, Mayor Holland moved to Agenda Item 18D, Ordinance T2013-04. ORDINANCES "Councilmember Rockey moved to approve the First reading of Ordinance No. T2013-04 -An ordinance amending Appendix C of the Code of Ordinances of the City of Friendswood, Texas, Appendix C being the Zoning Ordinance of the City, by changing the zoning classification for 1109 Cowards Creek Drive, a 1.62 acre tract out of Lots 1 and 3, Block G, Central Park Subdivision, Friendswood, Galveston County, Texas, from Single - Family Residential Dwelling District (SFR) to Single — Family Residential Estate ' Dwelling District (SFR-E); providing for an amendment of the•City's Official Zoning Map; providing for a penalty in an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Hill. The motion was approved unanimously. i 02/04/13 4080 Planning and Zoning Commission Chair Mark McLean returned from the Planning and Zoning ' Commission meeting and reported the vote was 5-1 to approve 1109 Cowards Creek and 5-0 to approve NAICS Use#44229 only for 307 E. Edgewood Drive. **Councilmember Scott moved to approve the First reading of Ordinance No. T2013-05 - An ordinance amending Appendix C of the Code of Ordinances of the City of Friendswood, Texas, Appendix C being the Zoning Ordinance of the City, by changing the zoning classification of a .4821-acre tract of land, located at 307 E. Edgewood Drive, Lot 4, Block 9 Friendswood Subdivision out of the Sarah McKissick/V.P. Williams League, Galveston County, Texas; providing for the granting of an amendment to the Specific Use Permit (SUP) approved by Ordinance 2011-18 on May 5, 2011, to allow the additional use of the property for NAICS Use #442 — "Furniture and Home Furnishing Stores", NAICS Use #448 — "Clothing and Clothing Accessory Stores", and NAICS Use #451 — "Sporting Good, Hobby, Book and Music Store", and further subject to the prior regulations, restrictions, and conditions of Ordinance 95-1, adopted on January 23, 1995, establishing the Planned Unit Development (PUD) for the use of the subject property; providing for amendment of the Official Zoning Map; providing a penalty in an amount not to exceed $2,000 for each day of violation of any provisions hereof; and providing for severability. Seconded by Councilmember Rockey. ***Councilmember Brown moved to amend to limit to NAICS Use No. 442 only. There was no second to the motion to amend. Mayor, Council, and Planning and Zoning Chair Mark McLean held a discussion regarding the only NAICS code needed for the applicant's request is NAICS Use No. 442. ****Councilmember Brown moved to amend to limit to NAICS Use No. 442 only. Seconded by Councilmember Enochs. The motion to amend was approved 5-2 with Councilmembers ' McGinnis and Scott opposed. The original main motion as amended was approved unanimously. Mayor Holland closed Council's portion of the Joint Public Hearing. With concurrence from Council, Mayor Holland moved to Agenda Item 21, Closed Executive Session. 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 6-1 with Councilmember Brown opposed. CLOSED EXECUTIVE SESSION Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.074: Personnel Matters; to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. (Evaluation of the City Manager) Council reconvened into Open Session with action taken later in the meeting. RECONVENE INTO OPEN SESSION ' ACTION ITEMS 02/04/13 4081 Councilmember Scott moved to approve to give the City Manager, as a credit to his exemplary job, a 2.5% raise. Seconded by Councilmember Hill. The motion was approved 6-1 with Councilmember Brown opposed. Mayor and Council held a discussion regarding the Councilmember's opinions of the City Manager's job performance and leadership skills. The meeting was adjourned at 10:13 PM. May Hollan Attest: � •� FRIEIy�•.• UJO'' `spy'•, Melinda Welsh, TRMC ;V :OO•e City Secretary e tp 1 .°eFOF'fEe ,. 1