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HomeMy WebLinkAboutCC Minutes 2013-04-01 Regular i 04/01/13 4106 I STATE OF TEXAS )( CITY OF FRIENDSWOOD COUNTIES OF GALVESTON/HARRIS )( APRIL 01, 2013 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, APRIL 01, 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 5:08 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 Lynn Colby with Calvary Chapel Church. ' Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATION FROM THE PUBLIC Ralph King, Friendswood resident, addressed Council and stated he is at the meeting to discus construction on Wandering Trail, gave a letter to Council, and is dissatisfied with construction, flooding issues, asphalt fail, subgrade failure, built lower, and construction delays. He further stated he is proposing changes in way the City executes capital projects and new contracts that states if there is a delay there are financial penalties, is an engineer and there is a lot of talent in the City, would have reviewed gratis, should be scope review with residents. CLOSED EXECUTIVE SESSION Mayor Holland asked if anyone would like to speak regarding the Executive Session. No one spoke. "Councilmember Rockey moved to adjourn into Executive Session. Seconded by Councilmember Hill. The motion was approved 6-0. 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 and Section 551.0187 — Deliberation regarding economic development negotiations to discuss the offer of a financial or other incentive to a business prospect. RECONVENE INTO OPEN SESSION Council reconvened into Open Session with no action taken later in the meeting. WORK SESSION 04/01/13 4107 Mayor Holland opened the discussion regarding a request for a financing district from DR Horton Homes, ' Inc. Division President for DR Horton Homes, Chris Lindhorst, presented a PowerPoint presentation to Council in regards to 373 acres on the south side of Friendswood that DR Horton has under contract. DR Horton Homes is the nation's largest home builder, 19,000 home closings in the Fiscal Year 2012, in Houston had 1,052 closings in 2012, price range on homes is anywhere from $110,000 to $900,000, 59 active communities, higher end homes are built under the name Emerald Homes which is owned by DR Horton Homes. Feedback from Council at the previous Council meeting on February 04, 2013, has been considered and changes made, 55 foot lot sizes have been removed and 110 foot lots added to land plan, discussed capacity with school district and a new school would not be required, a proposed park was added to assist with the City's need for additional parks, engineers have worked through a solution with Staff to help with the City's water pressure issues. Due to the increase in lot size of the largest lots the average sales price has increased to$407,000 with a total of 802 lots. DR Horton Homes, Inc., is asking for a Planned Unit Development(PUD), will consist of 802 home sites that will range from 65 feet to 110 feet wide, with an overall density of 2.2 home sites per acre, and a utility services contract with the creation of an in-city Municipal Utility District (MUD). The MUD could finance regional water supply improvements, major thoroughfares, collectors and traffic signals, detention and ditch improvements, major wastewater and water improvements, land improvements for City parks, no internal streets or utilities. Councilmember Rockey asked about the 2.2 density and school permission. Mr. Lindhorst answered that he had spoken with Superintendent Trish Hanks at Friendswood Independent School District (FISD) and she supported the project and there was not a need to designate a school on site. Councilmember McGinnis stated on the previous proposal the area now marked as park land was not in the development. Mr. Lindhorst stated after meeting with Council, DR Horton went back and brainstormed with property owner Sherry Angelo and she stated she would add park land for ' reimbursement from the MUD and City would take over for maintenance. Councilmember McGinnis stated future plans for the Grand Parkway are to come through, asked if they would consider shifting green space to that area to give a buffer to residents. Mr. Lindhorst answered the Grand Parkway alignment has been moving, are keeping an eye out not to put houses there, is a little premature in planning. Councilmember McGinnis asked if there could be a buffer between houses and the commercial area at the front of the development. Mr. Lindhorst answered that Ms. Angelo could look at putting more of a buffer into the land plan. Councilmember Scott stated he believes it is a great project, was concerned with the minimum 90 foot lot size at the February meeting, and still has a concern regarding lot size. Councilmember Brown thanked DR Horton for taking comments at the last meeting and incorporating them into a plan, one-time costs to the MUD for a City park is a creative way for a solution, not a lot of green space in subdivision, decreases cost if a Homeowner's Association (HOA) is established, asked if the recreation center would be maintained by an HOA, and Mr. Lindhorst answered the HOA would maintain the recreation and the MUD would maintain the detention ponds. Councilmember Brown asked if the roads would be private in the gated portion of the community. Mr. Lindhorst answered yes, people like the exclusivity of a gated community, budget would have to be set early for road improvements. Mayor Holland asked if the park was adjacent to the gun range, and Mr. Lindhorst answered it is catty- corner to the gun range. Mayor Holland asked how many acres of lakes were in the plan, and Michael Preiss with Pape Dawson Engineers, Inc., answered 45 acres. Mayor Holland asked what would the density really be with taking green space and lakes out, and Councilmember Rockey answered roughly 3.5 to 4. Councilmember Enochs stated his concern is 83% of the lot sizes are less than 90 feet, and asked ' Assistant City Manager Morad Kabiri for more information on Municipal Utility Districts (MUD) at the next Council meeting. 04/01/13 4108 Mn Lindhorst asked if it was premature to draft a MUD agreement before the next meeting. ' Mayor Holland stated he would feel more comfortable after Council had a few more answers to their! questions and concerns. Mr. Lindhorst clarified Council would like to know the density with the green space and lakes taken out. Councilmember Brown stated may be premature to move forward with an agreement. Mr. Lindhorst stated Jim Boone with Allen Boone Humphries Robinson LLP, is at the meeting to discuss, the MUD. Councilmember Hill stated Superintendent Trish Hanks with Friendswood Independent School District (FISD) stated the school district would have to bus kids to West Ranch in the future, asked what road the school district would use since Falcon Ridge Boulevard is already full. Councilmember Brown stated there would be a need for a traffic impact study. Mr. Boone gave similarities and differences in management districts and in-city MUDs, his firm does MUDs all over the area, both types levy their own tax, would like to do similar to a utility services agreement such as the one the City has with West Ranch but do with an in-city MUD, would go through Texas Commission on Environmental Quality (TCEQ), would like to pattern after West Ranch but the difference would be the type of MUD. A MUD is a simpler and independent vehicle. If the City wanted to have a director on the MUD Board could do, would like to pattern after West Ranch instead of reinventing the wheel. Mayor Holland asked what value is DR Horton looking for, and Mr. Boone answered $33 Million since ' costs have gone up since West Ranch was done several years ago, will take many years to develop; strengthening and enhancement of the water system on that side of the City and a park are perks, DR Horton is a first class outfit, would like to pattern after West Ranch with a tax cap. i Mayor Holland stated West Ranch has 1,500 homes and DR Horton's current proposed development has 800 homes. Mr. Boone stated costs have gone up and homes being proposed are at a higher value. Mr. Boone discussed both tax caps in the agreement, most cities have neither cap in their agreement but City of Friendswood is protective, sophisticated and unique. Councilmember Hill asked Mr. Boone when they come back to Council to please have a cost breakdown of each of the items the MUD can finance, and Mr. Lindhorst stated yes and probably will have more detail. Councilmember Brown asked Mr. Lindhorst when DR Horton would like to be dirt ready, and Mr. Lindhorst answered as soon as possible, at this point it would take a year. Mr. Boone stated it normally takes two months to get an agreement worked out, cannot send to TCEQ until several things are done and that takes four months to get ready, and TCEQ takes six to eight months. Councilmember Brown stated it will take them longer if they have to come back at the next meeting, suggested answers to questions be sent in an e-mail format. Councilmember Scott stated his only concern is that there is not 100% consensus from all of Council, his sticking point is 90 foot lots, next meeting may still need to deliberate and then give direction, does not think the process can take place in an e-mail. ' Councilmember Brown asked if there were four Councilmembers that have a problem with the current layout, and the consensus of Council was yes by head nods. Councilmember Brown asked if there was four Councilmembers that have concerns regarding problems with the utility fee, and Mayor Holland stated yes. 04/01/13 4109 Councilmember Hill stated he would like to workshop the item with Staff. , Councilmember Scott stated there is a consensus on the issues with a majority of Council. DR Horton needs to address the issues prior to Council giving a consensus to proceed forward with preparing an agreement. 4 Councilmember McGinnis stated when he looked on the map there is a lot of undeveloped property in the City of League City on the east, asked is the thoroughfare wide enough, will there be a bike lane, will the thoroughfare be appropriate should there be development to the east side of Friendswood to connect to the City of League City, despite all the questions he is excited about the development. Mr. Lindhorst stated the straight line of red on the map provided to Council is where an Industrial Park is slated to develop on property Ms. Angelo owns as well, will be included in the MUD. Mr. Boone stated DR Horton thought about putting commercial and industrial in the MUD along with residential, will strengthen the MUD long term, and is good for the MUD and the City. Ms. Angelo would still own the land, leaving industrial out would not be astute, allows that land to develop. Mayor Holland stated homeowners would already know there was something going to be there. Councilmember Brown asked if Staff would have an analysis of the project,would be helpful to have. Mayor Holland opened the discussion regarding Water/Sewer Fund and Utility Measures. Public Works Director Kaz Hamidian presented a PowerPoint presentation discussing the Blackhawk Wastewater Treatment Plant rehabilitation, Lift Station 18 replacement, utility impact fee update, and utility rate study. Mr. Hamidian started the presentation with a brief history on the Blackhawk Wastewater Treatment Plant, ' constructed in the early 1980's, serves the City of Friendswood as well as Harris County Municipal Utility District (MUD) 55, Baybrook MUD 1, and the City of Houston, plant capacity is 9.25 million gallons per day (MGD). The City of Friendswood is majority owner with 52.465% capacity of the plant, is operated by Gulf Coast Waste Disposal Authority (GCWDA). In April of 2011, GCWDA presented to Council findings of a preliminary engineering study that identified needed repairs to the plant's headworks, ultraviolet disinfection system, aeration units, and traveling bridge sand filters. The estimated cost of repairs are $4.6 Million to $5.5 Million. In May of 2011, Council authorized GCWDA to proceed with design work. Upon further engineering design the City was notified of increased repair costs. The recommended approach was broken down by the design engineer into four packages, Package A the ultraviolet disinfection and sand filters, Package B replacing the plant headworks, and Packages C and D improving the aeration system. GCWDA advised Packages A and B need to be pursued immediately, and Packages C and D were more long term in nature. In January of 2012, Council authorized approximately $2.429 Million toward the project, an additional $353,000 is needed to take care of the City's share of Packages A and B, funding is available in the Water and Sewer working capital. Councilmember McGinnis stated he had sticker shock on the amount of increase, asked how could a professional engineering firm be $3 Million off, has raised concerns with Assistant City Manager Morad Kabiri, what recourse does the City have, does the City have power or leverage back to the engineering firm that will complete this project. Mr. Hamidian stated he had the same question and has Jim Cooksey with Gulf Coast Waste Disposal Authority(GCWDA) at the meeting to explain. Mr. Cooksey with GCWDA stated a couple of things have happened since the project was first brought to Council, an ongoing problem dealing with permit requirements for bacteria control, and did not anticipate the level of disinfection that is being required when the study began. Remodeling the plant is like , remodeling an old home,when you replace the sink you discover the plumbing is bad. That was the case with the headworks, discovered the headworks have severe structural problems and needs to be replaced, best thing was to change the scope of the project, have to meet permit requirements and to 04/01/13 4110 address headworks problem, have communicated with the Staff of GCWDA as well as the Staff of alll participants. Mr. Cooksey further stated his title is Manager of Financial Services so he cannot answer, engineering questions. Mayor Holland asked what the basis was for having to widen the scope of the project. Mr. Cooksey stated the headworks needed to be replaced due to hydrogen sulfide gas that has eaten the concrete, will cost more to repair the damage than replace and will be a bigger headworks. Mr. Cooksey further stated when he appeared before Council before GCWDA's numbers were preliminary and had not done engineering studies. Councilmember Rockey asked how long the headworks had been in place, and Mr. Cooksey answered 20 years and plant is 30 years old. Councilmember Rockey asked what regulations have changed, ands Mr. Cooksey answered with a brief description of bacteria change and the number of light channels required for the increase flow during rain events. Councilmember Rockey asked when will the requirement change to bring the clarifiers above ground, and Mr. Cooksey answered he was not aware of any upcoming requirements, when the plant is expanded to 11.5 MGD, requirements will have to be reevaluated, clarifiers are adequate for now. Councilmember Brown asked for an explanation on the $300,000 increase from September to February. Mr. Cooksey stated the work done during that time period was ultraviolet (UV) lights and the cost was higher due to the bacteria change. Councilmember Brown asked if there was one company that was proprietary, and Mr. Cooksey answered on the UV lights received a bid from two companies, and the winning bidder has a lot of experience all over the United States in UV lighting. Councilmember McGinnis asked if Klotz Associates, Inc., did the preliminary and final studies, and Mr. Cooksey answered yes. Councilmember McGinnis asked if Klotz Associates, Inc., would be awarded the ' contract, is there a way to do competitive bids for the project. Mr. Boone stated they have evaluated the work Klotz Associates, Inc., has done and are satisfied with their work, engineering may be a little more but total costs will be lower with less change orders. Councilmember McGinnis stated cannot help but think that the engineering firm should have anticipated some of these costs. Mr. Boone stated Klotz Associates, Inc., is well respected and he is not at the meeting to defend them. Councilmember Brown stated Council does not have copies of the contracts, and asked who will approve change orders. Mr. Boone answered all change orders will have to get participant approval. Councilmember Enochs asked if other participants had voted, and Mr. Boone answered the City of Houston and the Municipal Utility Districts did approve. Councilmember Rockey asked if there was an action item regarding this issue later on the agenda, an Mr. Hamidian stated yes. Public Works Director Kaz Hamidian continued the PowerPoint presentation with a brief history of Lift Station 18, built in the early 1970's to serve Wedgewood Village subdivision, owned and operated by Municipal Utility District until annexed by the City of Friendswood in the 1980's, flooded during Tropical Storm Allison in 2001, renovated shortly thereafter by installing submersible equipment, and the force main for the lift station was replaced and redirected in 2003. The current overall condition of the lift station is poor, replacement efforts should include a larger wet well to provide added capacity, expander] electrical from 240 volt to 480 volt, and a backup generator to prevent a disruption of sewer service during major storm events or power outages. The estimated cost is approximately$500,000, project is identified in the Water and Sewer Capital Improvement Projects (CIP) section of the Fiscal Year 2013 Budget; ' funding is available in the Water and Sewer working capital, project may qualify for rebates through CitySmart program. Councilmember Brown asked if there would be an increase in water rates, and Mr. Hamidian answered i 04/01/13 4111 that would be discussed later in the meeting. Councilmember Enochs asked if the lift station currently has a generator, and Mr. Hamidian answered no, ' generator was not installed due to it being in the floodway. Administrative Services Director Cindy Edge continued with Mr. Hamidian's PowerPoint presentation regarding an update on the Utility Impact fee. Ms. Edge stated the City is required by the State to review their Utility Impact fees every five years, designed to recoup 50% of capital cost to maintain and improve water and sewer infrastructure, last updated in 2008. Ms. Edge discussed a comparison of the City of Friendswood's water rates to surrounding cities. A Utility Rate study needs to be done, historically done in-house, Staff feels like an in-depth study needs to be done, need to have an ascending rate, Staff is asking Council to approve to go out for a Request for Proposal (RFP) to validate current rates, would help when going out for bonds, rating agency asks specific questions, would look better if done professionally. Ms. Edge briefly discussed the current Water and Sewer working capital. Councilmember Brown asked how quickly the capital fund would replenish itself for the remaining phases of the Blackhawk Wastewater Treatment Plant rehabilitation. Ms. Edge stated the next phases would have to be a bond issue. Councilmember Rockey asked if Staff looked at the City's electrical rates during the study, and Ms. Edge answered no. Councilmember Enochs asked when the study would be complete, and Ms. Edge answered since a Request for Proposal (RFP) has not been done it could be 90 to 120 days. Councilmember Brown stated with respect to the water rate study, Municipal Utility District (MUD) has a ' competitive advantage with being lower in Harris County, also with commercial in unincorporated Harris County, would like rates compared to City of Friendswood. Ms. Edge stated all components would be addressed,will also look at school, do not want them to be overly burdened but pay their fair share. Mayor Holland opened the discussion regarding options to be considered for Public Safety software. Friendswood Police Chief Bob Wieners presented a PowerPoint presentation on the Public Safety Software options. Chief Wieners stated the City of League City was able to work with Staff on some of the concerns from the last Council meeting, thanked the City of League City for their willingness to listen and make changes. Chief Wieners stated the purpose of the discussion with Council was to discuss options for long term public safety software requirements, and to discuss the vulnerabilities relating to public safety software partnerships. A brief history was given regarding the past discussion with Council on the Public Safety software. The options are to continue with the City of League City which is Option No. 1, and is recommended by Staff to go with Option No. 1. The pros for Option No. 1 are there will be no costs or time associated with data removal or change in system, centralized computer aided design (CAD) and mapping provides instant data sharing with % of surrounding area cities for Police, Fire and Emergency Medical Services (EMS) mutual aid services, ability to establish a mission critical communications center at two alternate sites with shared radio frequencies, shared CAD, shared 911 and telephone can be moved to alternate site. The cons for Option No. 1 are the fiber link to the OSSI service system has no redundancy, and the continued growth of the system may result in more equipment needed. Councilmember Enochs asked if connectivity to the system had ever been lost, and Chief Wieners answered yes, not very frequent, have had one outage that lasted for 30 hours. Chief Wieners briefly went over Option No. 2, to build out the existing City of Friendswood system, and Option No. 3, to partner with the City of Pearland, but is not recommending either option. ' Councilmember Enochs asked if Option No. 2 would give the City 100% autonomy, and Chief Wieners answered yes and the City of Pearland has that but would cost $280,000 to procure software and other I 04/01/13 41121 ongoing costs. Location and other factors make the partnership with the City of League City the most ' cost effective and desirable. Chief Wieners continued with his PowerPoint presentation with recommendations from Staff, continue the partnership with the League City Grid, build out a redundant fiber ring with the League City Grid and sign' a five year contract with Phonoscope for fiber services, extend the League City fiber network to the Public Safety Building (PSB)to create redundancy for data and phone systems. Councilmember McGinnis asked if all the fiber would be buried or on telephone wires, and Chief Wieners answered both and then discussed the $90,000 cost for extending the League City fiber network to the; PSB, could possibly share costs with the City of League City. City of League City Information Technology Director Ryan Smith stated in a meeting with Chief Wieners they spoke about the fiber route, the City of Friendswood lost their AT&T phone lines during Hurricane Ike, can use AT&T and Verizon for redundancy, City of League City is putting in and the City of Friendswood can piggyback to use the fiber network, would help with traffic signals if the City goes to 50,000 population, and City of League City is looking to split the costs. Councilmember Brown stated there are advantages to being on a network, the City of New Orleans had autonomy during a hurricane and it did not help them. Chief Wieners stated the second fiber line will be on the south side of FM 528, will not cross FM 528, decision needs to be made regarding continuing a partnership with the League City GRID, building out a redundant fiber ring with League City GRID and sign a five year contract with Phonoscope for fiber services, and need permission from Council to partner in fiber project with the City of League City, can have the League City fiber into the PSB within 90 days. ' Mr. Smith stated the City of League City will get with Chief Wieners and the City Attorney to make sure' language is included that the City of Friendswood could leverage off of the Request for Proposal (RFP) to' get the same pricing as the City of League City, Chief Wieners stated the Board of Chiefs responsibilities has changed in the schedule matrix, expenses cannot be approved by Board of Chiefs but can be recommended, only governing bodies can approve change in schedule matrix, in discussion with telephone provider to be compatible with the City of League' City. The City of League City is looking at message switches and servers, server is what failed this month,will go through ongoing evaluation of redundancy and vulnerabilities. Mayor Holland opened the discussion regarding the Sign Ordinance including temporary signs. Assistant City Manager Morad Kabiri spoke about temporary signs, sign permits, and a request for exemption of youth non-profit organizations. Councilmember Scott stated having been part of a youth non-profit organization that had to fight with Code Enforcement, thinks it is burdensome to ask non-profits to do a permit and meet with landowner,) Sign Ordinance is extensive, should have to pick up a permit, permit should specify period of time signs will be out and if signs are not picked up then throw them in the trash, organizations like Friendswood Area Swim Team (FAST), Broncos and other community organizations, the City is not right to restrict them from using City property to advertise their organizations, seems over the top, would like to work with the Friendswood based organizations, the Parks and Recreation Board has an agreement that states who are primary users, would like flexibility for organizations to put their signs out. Councilmember Rockey stated he agreed with Councilmember Scott. ' Councilmember Brown stated would have to do for all groups if done, cannot limit to youth groups but would have to be for all non-profit organizations. Councilmember McGinnis stated policy should be fair, asked if it was for the sports organizations that I 04/01/13 4113 need quick advertising for a short time. Mr. Kabiri stated most of the sports organizations pull permits, ones that are for-profits that are not permitted are friendswoodsingles.com and other advertisements, ' signs are placed after hours, and Code Enforcement spends a few hours each Monday picking them up. Mr. Kabiri stated the main reason behind the restriction is aesthetics, visibility, Public Works Department access to right-of-ways, can have the City Attorney review. Councilmember Scott stated when he was on the youth sports board they would put their signs out by the sidewalk, there was never an issue in the beginning of his time on the youth sports board, three years ago the City became very stringent regarding signs, does not know why, do need to spell out through the City Attorney a definition of a non-profit organization, should go forward with approving. Councilmember Brown stated there are Girl Scouts, Boy Scouts and social service organizations, asked if sign suggestions had been run by Keep Friendswood Beautiful (KFB), and Mr. Kabiri stated KFB's main concern was election signs at City Hall, can share with KFB. Councilmember Enochs stated he has no interest in moving forward, need the restrictions, will see an exponential increase in violations if restrictions are softened, does not want to appear to show favoritism. Mr. Kabiri stated he is seeing the consensus of Council is to not bring back a change to the ordinance. Staff will make a change in the policy for signs that are picked up in violation. Councilmember Brown stated she agreed with Councilmember Enochs. Mayor Holland recessed the meeting at 6:58 PM and reconvened the meeting at 7:07 PM. With concurrence of Council, Mayor Holland moved to Agenda Item 8, Communications from the Public. COMMUNICATIONS FROM THE PUBLIC ' Barry Kahn addressed Council and stated he is with the development team for Gardens at Friendswood Lakes, spoke at an earlier Council meeting and have an agenda item later in this meeting on obtaining funding from the City for the development, is a proven no-risk mechanism to the City, development is funded with federal tax credits, an essential factor the state requires is community support, has a point system to evaluate projects, one of the significant point items is seeing a form of funding from the local community, department does not care how it is done as long as the developer does not donate the funds to the City, often the City borrows the funds and the developer places those funds into a CD, met with the City Manager and is on the agenda tonight and has not explored before by the City, suggests a workshop or other mechanism where it can be fully explored, requests that the City work with the development and assist them with funding the development of 36 additional units to the Garden of Friendswood Lakes development, the City has a need for this development. Donna Conner, Friendswood resident, addressed Council and stated she lives at Gardens of Friendswood Lakes and is all for apartments living next door, is a good development, would rather have more apartments than open commercial. Louis Bernhardt, Friendswood resident, addressed Council and stated he lives at Gardens of Friendswood Lakes, is in favor of increasing units, good neighbors and good management. Don Scott, Friendswood resident, addressed Council and stated he lives at Hunters Creek Estates and is speaking about the sushi restaurant going in, what guarantee is there for no litter, will appearances of buildings be kept up, outside lights, traffic using Hunter's Lane would be detrimental, the sushi bar would have 125 parking spaces and that traffic would come out on Hunter's Lane, will there be a traffic light installed, dirt on the two lots was put there from the retention pond, will it be grated lower, trash dumpster , locations will be an issue, does not want in his backyard, same with sushi bar, retail will be put in the future, can you have a liquor store there, will it affect property values, vandalism concerns, was this all addressed before the Planning and Zoning Commission allows these types of establishments. 04/01/13 4114 I Leslie Roque, Friendswood resident, addressed Council and stated she has been a citizen for 20 years, is talking about Agenda Item 21, foot bridge, looks like it is ready for completion, looks like it came in under budget, did the committee have a purpose for this bridge other than parking for Stevenson Park, was a location established, asked Council to take extra time when looking at this bridge, appreciatesi, Council's time, do not assume when Staff hands Council a project that it is finished, was not in favor of cell tower, neighbors were not asked. John Maisel, Friendswood resident, addressed Council and stated he is speaking about the bridge,' appreciates Community Services Director James Toney, is basically value based on dollars spent, bridge would be built for more parking for 4'" of July event, a lot of money for one day, location issues, bridge is i under budget, original project does not include lighting, spoke to the Police Department about securityl issues, other issue is just being able to walk on the creek bed, mud problem on Cowards Creek, cannot' put concrete according to Galveston County Consolidated Drainage District (GCCDD), path is the main drainage area for Stevenson Park, three areas draining into potential walkway, urge Council before spending money to consider the drainage district has already created a path to walk,just have to mow the grass, look at numbers, security, drainage, and clearance. Tessa Swientonioski, Friendswood resident, addressed Council and stated she is speaking regarding the agenda item on Northfield Estates barricade, opposes the barricade, had points that were not all addressed at last Council meeting, a lot of residents do oppose the barricade, issues are safety and convenience but whose safety and whose convenience, is an eight minute inconvenience for her, if a bus route drops off on Southfield Drive will get dropped off elsewhere due to a barricade. The residents that would like the barricade have the option to be out when there are fewer cars, currently passes 20 homes to get out onto FM 2351 and if barricade goes up will have to pass by 40 homes, will e-mail the list to Council. ' 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 2.16 acres out of Lots 1 and 2, Block B, of Central Park Subdivision, property located at 707 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 Amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to Section 7, Schedule of District Regulations, regarding exterior facades in Community Shopping Center (CSC), Neighborhood Commercial (NC), Local Neighborhood Commercial (LNC), Office Park District(OPD), and. Downtown District(DD)zoning districts. Planning and Zoning Commission Chair Mark McLean asked if anyone would like to speak in favor or Jl 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. 04/01/13 4115 Mayor Holland and Planning and Zoning Commission Chair Mark McLean called a Joint Public Hearing to order to receive comments from the public, both oral and written, regarding Amending Appendix C, ' Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to Section 7.5, Community Overlay District, 6. Architectural elements, regarding exterior facades in the Community Overlay District(COD). 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 Amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to Section 8.NA.a, Architectural Standards, regarding exterior facades in the Downtown District. 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 a Zone Classification change request for a tract of land containing 2.83 acres; being Lot 2, Block 1 of Gardens at Friendswood Lakes, Galveston County, from Community Shopping Center(CSC) to Planned Unit Development—Specific Use ' Permit (PUD-SUP) for Senior Citizen Multi-Family purposes; and to amend SUP #2009-14 for 1423 W. Parkwood Avenue to add said 2.83 acres and amend the site plan to include an additional thirty six (36) units and related improvements. Planning and Zoning Commission Chair Mark McLean asked if anyone would like to speak in favor or in opposition of the request. Phil Yates, Friendswood resident, addressed Council and stated he is the president of Friendswood Lakes Homeowner's Association (HOA), represents the neighborhood, in favor of the project, have petitions from homeowners that live near the area of Gardens at Friendswood Lakes in favor of change. Walter Wills, Friendswood resident, addressed Council and stated he lives on Garden Lakes Drive and is in favor of the facility expansion. Debbie Scotty, Friendswood resident, addressed Council and stated she is not opposed to the new plan but would like the Planning and Zoning Commission to consider more parking, currently is not adequate, more units will bring more of a need, when you look at 55 plus communities, they work and live there and will need room for visitors and family to park. Maggie Clonie, Friendswood resident, addressed Council and stated she lives on Garden Lake Drive and is speaking in favor of the rezoning, has retail in her back yard and does not want commercial. Scott Ryan, Friendswood resident, addressed Council and stated he is behind the proposed project, is in favor because of property value loss and safety. Sonia James, Friendswood resident, addressed Council and stated she lives on Garden Lakes Drive and ' is in favor of expansion. Nelda Garra, Friendswood resident, addressed Council and stated she lives on Garden Lakes Drive and 04/01/13 4116 ' has a problem with a retail establishment coming in, safety issue of strangers in her backyard, concerned with value of property, lived in Friendswood 35 years, stays in Friendswood because she feels safe, loves and works in this community, please approve this project. Jim Barr, Friendswood resident, addressed Council and stated the project does not fit the City of Friendswood, seniors only can live there now but not in 20 years, is zoned commercial needs to stay commercial, listen to Community and Economic Development Committee (CEDC) and Planning and Zoning Commission (P&Z) recommendations. Glen Grayban, Friendswood resident, addressed Council and stated he lives on Garden Lakes Drive„ please approve expansion, have a lot to lose and a lot to gain, do not consider negative comments from others who have nothing to lose. Janis Lowe, Friendswood resident, addressed Council and stated she is for the rezoning request for Gardens at Friendswood Lakes. Donna Broom, Friendswood resident, addressed Council and stated she lives in Friendswood Lakes,; residents on her street are concerned, and people near the project have problems with Kid City and Chevron and supports the expansion. 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 a Zone Classification change request for part of Lot 21 (21-2), of Hoidale and Coffman Subdivision, property located at 402 E. ' Edgewood Drive, Galveston County, to amend Specific Use Permit (SUP) #2004-01 to add NAICS Use l #54— Professional, Scientific and Technical Services for the previously approved "Professional" uses and NAICS Use #621 Ambulatory Health Care Services for the previously approved "Medical, Dental and Optometry' uses. In addition, the applicant would like to add NAICS Use #531 Real Estate and NAICS Use#52 Finance and Insurance as allowed uses on the property amending the site plan to include a 5281 square foot addition to the existing rear building and add parking as required. 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 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 Parks and Recreation Advisory Board Chair Thomas Goodwin gave the annual report. Chair Goodwin stated in review of the past twelve months the Parks and Recreation Advisory Board had been involved inl the development of many projects that fell under their purview. The Parks and Recreation Advisory, Board reviewed and developed recommendations to the Field Usage Policy for all Friendswood citizens to enjoy the City Parks as a group or organized association. The Field Usage Policy is important, until new fields are developed, the City must utilize these types of policies to ensure that the maximum amount of Friendswood's youth can participate in these activities. An ongoing part of the board's activities this ' year has been the development of Lake Friendswood as a much needed park to the City's inventory. The development included ways to get the lake open for citizens to enjoy its beauty and natural amenities, utilized the Parks Master Plan in discussions with the Ad-Hoc committee and Council to make i 04/01/13 4117 recommendations for the priority of the development of the property, and opened dialog with the citizens ' concerning the lake. In the second and third quarters of 2012 the board reviewed and made recommendations to the Park Dedication Ordinance. The Parks and Recreation Advisory Board assisted the Ad-Hoc committee Council approved in the second quarter of 2012 consisting of Councilmembers, Staff, and the Parks and Recreation Advisory Board Chair by utilizing the Parks Master Plan to prioritized park projects, reviewed and discussed the committee's progress and recommendations during board meetings, met with citizens and made sure that scheduled meetings gave an open forum for citizens to discuss the Phase No. I projects, and educated the Ad-Hoc committee on funds as it applied to the Parks Dedication Ordinance. Also during the year the board has found time to always be open and available to the citizens of Friendswood. Mayor Holland thanked the Parks and Recreation Advisory Board on behalf of Council for their hard work and all they do for the City. Councilmember Brown asked if the Parks and Recreation Advisory Board were currently working on the Parks Master Plan, and Chair Goodwin answered yes and explained further. Community and Economic Development Committee (CEDC) Chair Skip Evans gave an update on the FM 528 strategy, have been tasked to look at means to diversify the tax base, ultimate plan was to get to an 80/20 ratio, not there yet, unless homeowners want to pick up more of the tax burden the objective should be to get there, FM 528 is prime location for commercial development, during the last month the committee has looked at various locations and talked with developers and landowners and asked their intentions for the future, reviewed Council's suggestion of looking at the fiscal impact to do zoning changes where commercial is changed. At the last Council meeting CEDC member Jeremy Magnuson spoke about proposed changes that are not in the City's best interest and have asked Mr. Magnuson to speak at this meeting about Gardens at Friendswood Lakes, not in the best interest for the City in the long term. ' CEDC member Jeremy Magnuson stated this is about downzoning in general not just the Gardens at Friendswood Lakes, is not good for City of Friendswood, 97,000 square foot and will bring $6,600 per year in tax revenue, will add to services needed, $3,000 tax revenue a year for vacant lot with no services needed, and discussed a Good, Bad and Ugly chart. Ugly is $6,600 tax revenue with no sales tax, unknown support costs, approximately 30 years to pay back loan. Councilmember Brown asked if Council could bring other parties this related to back into Council Chambers. Councilmember Brown left Council Chamber to get the other parties at 7:55 PM. CEDC Chair Skip Evans stated CEDC is not necessarily against Gardens at Friendswood Lakes, mainly against downzoning, potential for commercial development is limited in the City of Friendswood. Councilmember Rockey stated he agrees other parties should be present in Council Chamber to continue the discussion. Mayor Holland asked City Manager Roger Roecker to give his report. CITY MANAGER'S REPORT City Manager Roger Roecker reported that the Governor's Community Achievement Awards are presented each year to Texas communities with the best grassroots environmental programs in the state. , Communities are judged based on their population size in ten categories. The efforts of these communities to involve citizens, businesses, schools, local government and youth to keep their City, I i 04/01/13 4118 i county or region beautiful will earn ten of them a share of $2 million in landscaping monies from the' ' Texas Department of Transportation (TxDOT). These prizes are designated for landscaping projects' along local state rights-of-way. The Keep Friendswood Beautiful (KFB) committee submitted a grant; application and have received third place in their population category. While they did not receive any grant money this year, KFB continues to improve their efforts and will try again next year. This is the City of Friendswood's second third place award and is exceptional for a City that has only been participating for four years. KFB has helped the City of Friendswood maintain a dynamic quality of life, and this award, is a tribute to the hard work of the KFB committee and the Community Services Department's Staff.; Special recognition should go to the grant writing subcommittee from KFB - Sherry Goan, Chair, Susan!. Stephens, James Toney, Kimberly Ramirez, and the entire KFB committee for all their hard work throughout the year. Councilmember Brown returned to Council Chambers at 8:01 PM. The City Manager reported that the Community Services Department together with the local sports organizations are planning a Youth Sports Day for Saturday, April 06, 2013. The day will begin with a parade down Friendswood Drive featuring all the Friendswood Little League, Challenger, and Girls" Softball teams. The parade will start at Chase Bank and end at Renwick Park, where the Opening Day Ceremony will be held. At the ceremony the team names will be announced, participation ribbons will be presented, a representative from Friendswood High School Fellowship of Christian Athletes will give an invocation, and the league presidents will have an opportunity to say a few words as well. The Mayor and' Council are invited to attend, and the Mayor will have the honor of throwing out the first pitch. The City Manager reported from February 19, 2013 through March 10, 2013, Staff participated in the, 2013 Great Texas Warrant Round Up for the fourth consecutive year. The City joined over 400: jurisdictions participating in the event. This is a statewide program, with each entity advertising their ' participation, there is increased media awareness. The weeklong event is not an amnesty program. It is� a concentrated effort to clear warrants. In addition, the program serves to promote respect for lawi enforcement and the Court. This year, Staff cleared 300 cases with $69,573 paid to the Court. This) includes a little more than $11,000 for the official Round-Up day, March 04, 2013. This compares to $88,939 (391 cases) in 2012, $69,598 (309 cases) in 2011 and $87,681 (379 cases) in 2010. The efforts were a success due to the commitment and contributions of the Friendswood Municipal Court, the Fire Marshal's Office and the Police Department. The City Manager reported the Keep Friendswood Beautiful (KFB) committee and the City of Friendswood are sponsoring the annual Spring Sparkle event for the citizens of Friendswood at! Centennial Park on Saturday, April 13, 2013. KFB committee members have teamed with the City's solid waste services provider, Progressive Waste Solutions, and the Galveston County Consolidated Drainage District (GCCDD) to provide the community with a clean-up day. Copy Dr. will also be onsite to accept paper for shredding. Items that will be accepted include green waste such as tree limbs and grass clippings, old appliances, old furniture, miscellaneous wood, metal, and plastic. No household hazardous waste, such as tires, paint, batteries, oil, or any other hazardous waste will be accepted. Residents can also donate garage sale items to Keep Friendswood Beautiful. KFB will be accepting items such as furniture, household items, and bikes that are in good condition, clothing will not be accepted. Garage sale items can be dropped off the morning of the event at Centennial Park. All proceeds from the garage sale will benefit the beautification of City facilities and parks. KFB would also like to encourage residents to bring animal habitat items that would benefit the wildlife rescuers/rehabbers. They need aquariums, dog and cat carriers, clean towels/shirts, and shallow crock bowls. These volunteers take care of the many injured wild animals that make their homes in Friendswood's shrinking green space. The City Manager reported that Friendswood community and visitors will soon 1 admiring many beautifully maintained classic, restored and custom automobiles and motorcycles at Stevenson Park. ' The Ninth Annual Friendswood is Great (FIG) Festival and Car Show is planned for Saturday, April 20, 2013. The popular family event is coordinated by the Friendswood Chamber of Commerce, the Friendswood Historical Society and the City of Friendswood. The Friendswood Chamber of Commerce expects over 200 auto entries this year to compete for awards. The Friendswood Historical Society wants I 04/01/13 4119 to remind residents of the heritage of the City of Friendswood. They will have baked goods and fig trees ' for sale. Many businesses, organizations and churches have signed up for booths and more than 25 craft booths are expected. The major sponsor is Ron Carter Cadillac-Hyundai. A variety of food booths are expected including, hamburgers, hotdogs, sausage on a stick, and homemade lemonade. The City Manager reported the 11th annual KIDFISH event sponsored by the City of Friendswood Community Services Department and Title Sponsor Lutheran South Academy has been scheduled in Friendswood for Saturday, May 4, 2013, at the Centennial Park Pond. The KIDFISH Foundation will stock over 300 pounds of adult catfish in the Centennial Park Pond for participants to catch. There is no pre-registration required. Bait, tackle, and loaner rods will be provided to children who do not have their own equipment. KIDFISH is a non-profit outreach program designed to give children 16 and under the chance to experience the sport of fishing and the outdoors. A minimum donation of $10 will allow participants to receive awards such as t-shirts, hats, and trophies and the funds go towards expanding the KIDFISH Program. It is not necessary to bring a donation to participate. All children will receive a goody bag, KIDFISH ribbon, and diploma. Longest fish winners, first and second place in each age group, will receive a large trophy. This event will qualify participants for the 2013 KIDFISH Classic. Qualifiers for the classic will be the top fundraisers over$50, the children catching the longest fish in their age group and any child fundraising $100 or more. The Classic will feature unforgettable fishing for trophy catfish up to 30 pounds. First prize will be a$1,000 savings bond for the child and $1,000 cash for the child's school. On Tuesday, May 7, 2013, the Community Services Department's Senior Citizen Program will .host a Senior Fish. Local seniors are encouraged to join the festivities at the Centennial Park pond for an afternoon of fishing, food, and fun. Bait, tackle and loaner rods will be provided, however, participants are free to bring their own lucky equipment. Catch of the day will be catfish and rainbow trout. A fishing license is not needed to keep any fish caught in the pond. Fishing stories will be swapped over a fresh, grilled lunch provided by the Community Services Program. This event is made possible by the Law Firm of Alton C. Todd. The City Manager reported the Friendswood Police Department, Friendswood Police Officers Association ' and Galveston County Criminal District Attorney's Office will be hosting a "Safety Day" and Fun Run at the Friendswood Police Department in honor of National Crime Victims' Rights Week. The event will take place on Saturday, April 27, 2013. The safety fair will include a fun kid's area, SWAT vehicle, area were kids can try on a public safety uniform, fingerprints, face painting, tours of the police department and many other kid activities. There will be a 1 K Kids Run, a 5K Run, and a Victim's Awareness Walk. For information call Crime Victim Liaison Suzanne Sampson at 281-996-3349. All proceeds from the Fun Run will be donated to Bay Area Turning Point for victims of crime. ACTION ITEMS **Councilmember Rockey moved to remove from the table forming an Ad Hoc Committee related to Northfield Estates traffic issues (Previously tabled March 18, 2013). Seconded by Councilmember McGinnis. The motion to remove from the table was approved unanimously. **Councilmember Rockey moved to ask Staff to contact the Homeowner's Association and come up with a suggested process to form a committee regarding the Northfield Estates traffic issues, and bring back to Council to prove the process along with milestones and scope objectives. Seconded by Councilmember McGinnis. The motion failed 2-5 with Mayor Holland and Councilmembers Hill, Enochs, Scott, and Brown opposed. Mayor, Council, and Staff held a lengthy discussion regarding the Homeowner's Association (HOA) proposal letter on forming a committee, concern regarding equal representation on a committee, the possibility of a citywide committee being more beneficial, concern with the HOA not following notice guidelines and if a committee is tailored to one neighborhood run the risk of showing special interest, ad- ' hoc committee could look at the Traffic Calming Policy for the whole City and look at long term traffic issues. The suggestion was made to allow citizens to work on resolving traffic issues, Council can assign specific objectives with sunset dates, underlying concern of Staff is equitable application throughout the I 04/01/13 4120 I City, recommends Council look at traffic issue holistically and apply throughout the City. ' Councilmember Hill called the question. The vote to call the question was approved unanimously. **Councilmember Hill moved to approve a traffic calming plan for Northfield Estates and authorizing the, appropriation of funds. Seconded by Councilmember Rockey. Mayor, Council, and Staff held a discussion regarding proposals from Staff for speed humps and speed, tables, the difference in speed humps and speed tables was explained. Staffs recommendation was) speed tables due to the fact that speed tables are more prominent and visible, humps are narrower, if a driver goes fast enough speed humps are not as noticeable. The Police Department found a speeding problem on Southfield Drive, but mainly driving behaviors are the problem. ***Mayor Holland moved to table approving a traffic calming plan for Northfield Estates and authorizing the appropriation of funds. Seconded by Councilmember Rockey. The motion to table was approved 4-3 with Councilmembers Hill, McGinnis, and Brown opposed. **Councilmember McGinnis moved to approve disposition of RFP No. 2013-01 for Preventative Maintenance and Repair of City Emergency Generators and award to MnL Diesel, Inc. Seconded by Councilmember McGinnis. The motion was approved 5-2 with Councilmembers Hill and Brown opposed. Mayor, Council, and Staff held a discussion regarding the experience and knowledge MnL Diesel, Inc., has with the brand of generators the City uses, references for MnL Diesel, Inc. were verified and werel favorable with private and governmental entities. Staff explained the contract amount of 197,000 and that ' payments will be made as services are performed. **Councilmember Scott moved to approve an Interlocal Agreement with the City of League City related to the Public Safety software. Seconded by Councilmember Rockey. The motion was approved unanimously. **Councilmember Enochs moved to approve a contract for consulting services related to updating the City's Impact Fee Schedule and appointing the Planning and Zoning Commission as the Impact Fee Advisory Committee. Seconded by Councilmember Rockey. The motion was approved 5-2 with Councilmembers Hill and Brown opposed. Mayor, Council, and Staff held a discussion regarding the consultant's fees, where funding for the consultant would come from, and how often the State requires the City to update the Impact Fee Schedule. **Councilmember Hill moved to approve an appropriation of funds to the Gulf Coast Waste Disposal (GCWDA) Authority for the rehabilitation of the Blackhawk Wastewater Treatment Plant and authorizing the Mayor to execute the Authorization for Expenditure (AFE). Seconded by Councilmember Scott. Mayor, Council, and Staff held a discussion regarding the costs for the rehabilitation project, need a second opinion, and possibly send letters to others entities involved to request to negotiate price with engineers due to excessive costs. ***Councilmember Brown moved to amend the main motion to include a request of a detailed estimate of the construction cost. Seconded by Councilmember Scott. 04/01/13 4121 Mayor, Council, and Staff held further discussion regarding the timetable for the rehabilitation project, urgent due to permits, ultraviolet (UV) portion has already been purchased. Staff confirmed money ' budgeted can cover the UV costs and headwork improvements. A suggestion was made to approve Package A and then have a workshop at the next Council meeting with GCWDA and Klotz Associates, Inc., to discuss the future projects. ****Councilmember Brown withdrew her amendment to the main motion. Councilmember Scott withdrew his second. The City Manager reminded Council that the City of Houston has already approved. *****Councilmember McGinnis moved to amend the main motion to state to not approve the expenditure and ask the Gulf Coast Waste Disposal Authority and Klotz Associates, Inc., to come before Council and report their justification for the cost deltas and for Council to send a letter to the other governing authorities to see if they are concerned about costs. Councilmember Hill stated if the motion fails the item cannot be brought back to Council for 90 days. The City Manager stated if Council takes no action then this item can be brought back to Council at the next meeting. ******Councilmember Scott moved to table an appropriation of funds to the Gulf Coast Waste Disposal (GCWDA) Authority for the rehabilitation of the Blackhawk Wastewater Treatment Plant and authorizing the Mayor to execute the Authorization for Expenditure (AFE). Seconded by Councilmember Rockey. The motion to table was approved unanimously. **Councilmember Rockey moved to approve a request from Kilday Operating, LLC, for funding in the ' amount of$194,000 for the proposed Gardens at Friendswood Lakes II project. Seconded by Councilmember Brown. Mayor and Council held a discussion regarding concerns for setting a precedent, original project did not require the City providing funding. Additional information is needed regarding the amount of the loan and how the money will be utilized, suggested scheduling a workshop with the developer. ***Councilmember Brown amended the main motion to have a workshop to allow the developer to explain what they want. Seconded by Councilmember Rockey. The motion to amend was approved 5-2 with Mayor Holland and Councilmember Scott opposed. The amended main motion was approved 6-1 with Councilmember Scott opposed. **Councilmember Rockey moved to approve an agreement for consulting services related to the new Enterprise Software, authorizing the City Manager to execute the agreement and appropriating funding accordingly. Seconded by Councilmember McGinnis. The motion was approved 6-1 with Councilmember Brown opposed. **Mayor Holland moved to approve authorizing the expansion of the City's Summer Day Camp program. Seconded by Councilmember Scott. The motion was approved 5-2 with Councilmembers Hill and Brown opposed. **Mayor Holland moved to approve amending Rule 17 of the Council's Rules of Procedures to add an Invocation and Pledge of Allegiance to the Order of Business for Special Meetings. , Seconded by Councilmember Scott. Councilmember Brown stated Item 4 of Rule 17 states that no business should be discussed or acted i I 04/01/13 4122 upon at such meetings unless subject has been posted per the Texas Open Meetings Act, not consistent ' with Rule 16, suggested to amend provision to state items for discussion workshop, last Special Meeting, the Communications from the Public was limited to only Special Meeting items, not a fan but now would) be the time to change the Rules of Procedure if Council is wanting to make change. ***Councilmember Brown moved to amend the main motion to add invocation, pledge of allegiance to the Order of Business, and modify Rule 17, Item 4 of the Council's Rules of Procedures to reflect Items ford Discussion action workshop and delete the language presently there. Seconded by Councilmember Scott. The amended motion was approved unanimously. **Councilmember Brown moved to approve for Staff to provide an update on the bridge in Scenario No. 1. i Seconded by Councilmember McGinnis. Mayor, Council, and Staff held a lengthy discussion regarding an update on the bridge in Scenario No. 1, there have been delays in the bridge project. The location of the bridge will be on City property, bid process has been started, the bridge and installation will be bid separately to drive down costs. The bridge will be used more than once a year, the existing trail will go across the bridge and connect Old City Park to Stevenson Park to increase the capacity of a lap and to utilize both parks more. Staff gave an explanation of two quotes that have been received. I ***Councilmember Brown moved to amend the main motion to state Staff is required to bring back toy Council for approval of any specs for the bridge and costs prior to commencing any work. Seconded by Councilmember McGinnis. The motion to amend was approved 4-3 with Councilmembers Rockey, Enochs, and Scott opposed. Mayor, Council, and Staff held further discussion regarding that the intent of the parks subcommittee was to bring items to Council for approval, funding for items in Scenario No. 1 had previously been brought before Council. The bridge will be located on City property and connect the two parks, height of the bridge is near the high water mark, should not be a concern with flooding. The amended main motion was approved 4-3 with Councilmembers Rockey, Enochs, and Scott opposed. Planning and Zoning Commission (P&Z) Chair Mark McLean returned from the Planning and Zoning Commission meeting and reported that P&Z's recommendation for Agenda Item 22A, Ordinance T2013- 08 was approved, Agenda Item 22B, Ordinance T2013-09 was approved unanimously, Agenda Item 22C, Ordinance T2013-10 was approved unanimously, Agenda Item 22D, Ordinance T2013-11 was approved unanimously, and Agenda Item 22F, Ordinance T2013-13 passed site plan and approved uses but made some changes. Mayor Holland asked P&Z Chair McLean to hold changes made to Agenda Item 22F, Ordinance T2013- 13 until Council was discussing the agenda item. ORDINANCES **Councilmember Scott moved to approve the First reading of Ordinance No. T2013-08 - An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C, "Zoning", Section 3, "Provision for Official Zoning Map", by changing the zoning classification for 707 Cowards Creek Drive, a 2.16 acre tract out of Lots 1 and 2, Block B, of Central Park Subdivision in J.R. Williams/Sarah McKissick League, 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 McGinnis. The motion was approved unanimously. **Councilmember Scott moved to approve the First reading of Ordinance No. T2013-09 - An ordinance 04/01/13 4123 amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C —"Zoning," Section 7, "Schedule of District Regulations," Subsection F., "(C-1) CSC, Community Shopping. Center District, , general purpose and description," Subsection G., "NC, Neighborhood Commercial District, general purpose and description," Subsection G-1., "LNC, Local Neighborhood Commercial District, general purpose and description," Subsection H., "OPD, Office Park District, general purpose and description," and Subsection I., "Downtown District (DD), general purpose and description," by revising, adding and updating exterior fagade requirements for such districts; 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 McGinnis opposed. Mayor, Council, and Planning and Zoning Commission (P&Z) Chair McLean had a discussion regarding if the fagade requirements would be too restrictive, P&Z feels the restrictions will not prohibit growth but will add growth. **Councilmember Rockey moved to approve the First reading of Ordinance No. T2013-10 -An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C — "Zoning," Section 7.5, "Community Overlay District," Subsection 6., "Architectural Elements," Subpart A., "Commercial," by revising, adding and updating exterior facade requirements for such district; 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 Scott. The motion was approved 4-3 with Councilmembers Hill, McGinnis, and Brown opposed. **Councilmember Rockey moved to approve the First reading of Ordinance No. T2013-11 -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," Subpart 4 "Architectural Standards," by revising, adding and updating exterior facade requirements for such district; 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 Scott. The motion was approved 4-3 with Councilmembers Hill, McGinnis, and Brown opposed. **Councilmember Scott moved to approve the First and Final reading of Ordinance No. T2013-12 - 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 VI" to the "Original General Budget of the City of Friendswood, Texas, for the Fiscal Year 2012-2013"; providing for supplemental appropriations and/or transfer of certain funds; providing for severability; and providing other matters related to the subject. Seconded by Councilmember Hill. Councilmember McGinnis stated Item No. 8 involves the Blackhawk Wastewater Treatment Plant, item was tabled, and advised motion should be amended to be approved with the exception of Item No. 8. Councilmember Brown stated Impact Fee study was approved at$35,000 and not$40,000. ***Councilmember Scott withdrew his motion. Councilmember Hill withdrew his second to the motion. ****No action was taken to approve the First and Final reading of Ordinance No. T2013-12. Planning and Zoning Commission Chair Mark McLean stated P&Z recommended to pass the site plan, ' NAICS Use#531 "real estate"was okay as is, NAICS Use#541 was okay except for removing veterinary services NAICS #54191, NAICS Use#52 approved all except for NAICS #52298 potential for a business 04/01/13 4124 ' such as a pawn shop or title loan business, NAICS Use# 621 was approved except the subcode NAICS #6214 outpatient care centers. **Councilmember Scott moved to approve the First reading of Ordinance No. T2013-13 with the amendments stated by Planning and Zoning Chair Mark McLean -An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C — "Zoning," by amending the zoning classification for 402 E. Edgewood Drive, being part of Lot 21 (21-2) of the Hoidale and Coffman Subdivision, Abstract 20, Galveston County, Friendswood, Texas; providing for the granting of an amendment to the Specific Use Permit (SUP) approved by Ordinance 2004-01 on February 2, 2004, updating and replacing the uses granted therein with new additional uses of the property for NAICS Use# 54 "professional, scientific and technical services," NAICS Use #621 "ambulatory health care services," NAICS Use#531 "real estate," NAICS#52 "finance and insurance;" in addition to amendment of site plan as depicted in Exhibit "B" attached hereto to include a 528 square foot addition to the existing rear building, additional parking, and reduced rear setback of 4'4" pursuant to attached site plan, but otherwise subject to the prior regulations, restrictions, and conditions of Ordinance 95-3, adopted on March 6, 1995, establishing the Planned Unit Development (PUD) for the use of the subject property; providing forI amendment of the Official Zoning Map; providing 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 6-1 with Councilmember Brown opposed. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Enochs stated the Friends of the Library will be having a book drive for a fundraiser to j benefit the library on May 11, 2013, through May 18, 2013. Councilmember McGinnis stated he spoke to some Cub Scouts and Boy Scouts during the past month. ' Mayor Holland and Councilmembers Hill, Rockey, Scott, and Brown stated they had no reports. CONSENT AGENDA **Councilmember Scott moved to approve all items on the Consent Agenda as presented: A. Approving a Banner Permit Application for the Boy Scouts Pack 442 to advertise their Open House in May 2013. B. Authorize the Mayor to execute an agreement with Friendswood Area Swim Team (FAST) for the use of the Sesquicentennial Swimming Pool. C. Authorizing Council to invoke Rule 1(A) of the Rules of Procedure to schedule a second regular City Council meeting for Monday, May 20, 2013, beginning at 6:00 p.m., to canvass the votes from the General Election. D. Authorizing Council to invoke Rule 1(A) of the Rules of Procedure to schedule the first regular City Council meeting on May 06, 2013, to begin at 6:00 p.m, instead of 4:30 p.m. due to the Council Chambers being used for Early Voting for the General Election. E. Accepting the February 2013 Property Tax Report. F. Approving the minutes of the February 04, 2013, City Council Meeting. Seconded by Councilmember Hill. The motion was approved 5-2 with Councilmembers McGinnis and Brown opposed. ***Councilmember McGinnis moved to remove Item C and D because cannot do under Rule 1(A). City Attorney stated can do any kind of meeting, Rule 18 could be used but can use 1(A). The motion died due to lack of a second. Mayor Holland adjourned into Executive Session. **Councilmember Brown moved to table adjourning into Executive Session. The motion died due to lack of a second. ' CLOSED EXECUTIVE SESSION Council convened into Executive Session in accordance with the Texas Government Code, pursuant to 04/01/13 4125 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 Secretary) RECONVENE INTO OPEN SESSION Council reconvened into Open Session with action taken later in the meeting. ACTION ITEMS **Councilmember Rockey moved to approve a 2.5% raise for the City Secretary. Seconded by Councilmember Enochs. The motion was approved unanimously. Councilmember Brown stated she has seen a transition in City Secretary, she and City Manager are on the same level, needs to recognize she has equal power, do not rubber stamp what City Manager says. Mayor Holland thanked the City Secretary for making his orientation as painless as possible. The meeting was adjourned at 10:22 PM. dAn Mayor evin C, Holland Attest: \Vj 1 RI FE/y�•. • S Melinda Welsh, TRMC •C1� .006 City Secretary ••9rF O F tE�P. 1