HomeMy WebLinkAboutCC Minutes 2013-05-06 Regular 05/06/13 4128
' STATE OF TEXAS )(
CITY OF FRIENDSWOOD
COUNTIES OF GALVESTON/HARRIS )(
MAY 06, 2013 )(
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, MAY 06, 2013, AT 6:00 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 6:06 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 Public Works Director Kaz Hamidian.
' Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas.
COMMUNICATION FROM THE PUBLIC
Shannon Tracy addressed Council and stated she is with UV Country Powersports in Alvin and would like
to donate a Kawasaki TERYX4 to the City, which has a $16,900 value. The City has been using the
vehicle for several months and UV Country Powersports would now like to donate the vehicle to the City,
for continued use by the Police Department.
William Langdon, Houston resident, addressed Council and stated he would like Council to ask Staff t
not threaten him, had a letter handout for Council, gave history of the land he owns that was annexed in
1982, has the right to target shoot on his land, gave state laws that allows this right, Friendswood Police
Department and City Attorney Arnold Polanco have threatened to prosecute him, is 114 acres of land!
asked Council to have Staff cease and desist.
Sharon Butler, Friendswood resident, addressed Council and stated she has a petition against the
walking bridge across Coward's Creek to connect Stevenson Park and Old City Park, handed petition to
City Secretary.
Fred Krch, Friendswood resident, addressed Council and stated he was speaking about Friendswood
Lake, gave history about safety and financial concerns about opening the lake and asked Council for a
common sense approach, let folks fish in the lake.
Lori Ferazzi, Friendswood resident, addressed Council and stated she lives in the Forest of Friendswood,
speaking on the item listed on the agenda tonight concerning her neighborhood, please take into
consideration children's safety, is a huge issue for their neighborhood, thanked Police Chief Bob Wieners
for the police presence, asked each Council person if they had done their homework by looking at the
design of their neighborhood's streets and other issues.
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WORK SESSION '
Mayor Holland opened the discussion with Gulf Coast Waste Disposal Authority (GCWDA) regarding the
rehabilitation of the Blackhawk Wastewater Treatment Plant. Public Works Director Kaz Hamidian spoke
and introduced Jim Cooksey from GCWDA who gave a history of how GCWDA was formed, discussed
board formation, has received 22 awards and listed some of them, introduced GCWDA's Manager of
Facility Services Gordon Peterson who will review the history of the relationship between the City of
Friendswood and GCWDA. Mr. Peterson stated the relationship started with an agreement in 1971 for a
study, and gave further detailed history. Councilmember Rockey interrupted and stated are giving history
and the agenda item is for a capital project, would like to get to that. Mr. Peterson introduced Ralph Cox
with Klotz Associates, Inc., who will review and discuss this project. Mr. Cox stated Klotz Associates,
Inc., are working with GCWDA and were hired in 2010 to replace certain processes in the plant, filters,
headworks, rehab of aeration system and blowers. Mr. Cox stated they came up with conceptual cost
estimates and then moved into preliminary and final design, then uncovered things that changed the
project such as ultraviolet (UV) system, had to design a bigger system and also look into the future. The
concrete has deteriorated in the headworks, recommends replacing the structure, and several things had
an impact on the costs. Equipment purchase contracts have been awarded, construction has been
designed and are out for bids which will be received May 15, 2013. Costs impact of these changes such
as headworks and UV systems are around $1 Million each and $2 Million total. Klotz Associates, Inc.,
has only been authorized to do Package A, Package B is for the headworks and has not been authorized
to do final design, Packages C and D were lower priority items and enhancements to the plant that would
lead to big energy savings.
Councilmember Rockey asked why there was only 20 years life on the current headworks. Mr. Cox
stated the current headworks has had a 30 year life span, concrete structures are built for 30 to 50 years
life, equipment life is 20 to 25 years, and do not get a warranty for that long, standard warranty is one
year. Councilmember Rockey asked Mr. Cox if he believed the next headworks would get 50 years out of '
it, and Mr. Cox answered yes out of the concrete structure and 25 years out of the equipment that will go
into the structure. When the plant was designed 40 years ago there was not a lot of coating systems to
protect concrete and now there are coatings available to protect from hydrogen sulfide.
Councilmember McGinnis stated he appreciates the diligence and explanation, asked was the change
from the State of Texas new in 2010, and Mr. Cox answered he was not sure when it happened and Mr.
Gordon stated it was 2010 to 2011 with the issuance of a new permit. Councilmember McGinnis stated
he spoke to the GCWDA staff and they stated the City of Friendswood had a problem with leakage that
was affecting the headworks. Mr. Gordon stated all participants have problems with rain events and
Friendswood is the biggest, issue has increased, will be working with the City to resolve some of those
issues, work they are doing will not resolve inflow and infiltration, a nine inch rain in a four hour period of
time will cause problems, cannot build a facility for that but have to decide how big to build.
Councilmember McGinnis asked if the City has unknown flaws in the sewer system infrastructure that can
be fixed with the new headworks. Mr. Gordon stated Friendswood has the biggest system so
Friendswood has the biggest problem. Mr. Cox stated he has been in this business for 33 years and
there is nothing out there 100% leak proof, some of it is just groundwater that leaks into the sewer
system, leads from houses that have leaks, every plant seen in this part of Texas has a peaking factor
which is difference between dry weather flow and wet weather flow.
Councilmember Hill stated the City has been repiping sewer mains, are doing our part to keep the
infiltration from happening, asked if the City builds 5,000 more houses in Friendswood will this plant be
able to handle the capacity. Mr. Cox answered yes and had planned for some growth. Councilmember
Hill asked with financing as low as it is now, is it smart to not go ahead and do Packages C and D now.
Mr. Gordon stated can look at Packages C and D as soon as possible but have to get others fixed first.
Councilmember Hill stated Chris Peden is GCWDA's new director and asked if it was Chris Peden that
lives in Friendswood and they answered yes. '
Councilmember Rockey stated he did not see a comparison between costs savings for new UV system,
and Mr. Cox stated do not have at the meeting, new UV system is more energy efficient. Councilmember
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Rocket' asked if Council could get the numbers. Mr. Cooksey stated he provided numbers in the first
study so the City Manager could provide.
Councilmember Brown stated this discussion highlights that there may be need for a Council liaison to
attend GCWDNs meetings.
Mayor Holland opened the discussion with Les Kilday regarding the proposed Gardens at Friendswood I
Lakes II project. Assistant City Manager Morad Kabiri stated at the last Council meeting, Council directed
Staff to have a workshop with the developers of Gardens at Friendswood Lakes II project. Les Kilday'
with Kilday Operating, LLC., spoke and stated he would like to pass out an e-mail that awarded the
Gardens of Friendswood Lakes the 2013 Honors Award of Excellence from the Houston Apartment
Association.
Mr. Kilday stated the funding request has gone down from the last meeting. The scoring item for local,
funding is a tiered item, have decided to take less points and still have a good application with the state,
funding could come from a loan from a third party bank to the City and the City would then provide the
funding to Kilday Operating, LLC, or could do a Chapter 380 loan for economic development or waiver of
impact fees to satisfy state requirements.
Councilmember Brown stated she researched loans and asked Mr. Kilday if he was aware of any other
cities that had projects funded with this type of loan, and Mr. Kilday answered he has seen other cities
such as the City of Dallas and the City of Houston do loans for projects this way. Councilmember Brown'
stated the City of Manvel had the same issues and the City Attorney had some concerns regarding loans,
could waive park dedication fees or impact fees. Councilmember Brown further stated one of her
concerns was that the project is a federally funded project and proper notice has not been given to the
developers.
' Councilmember McGinnis stated he is still skeptical about the loan the developer is asking for, asked ifl
Council voted against the loan what would happen to the project, and Mr. Kilday answered that the
development would not get done due to the point value being too low.
Councilmember Brown asked if Kilday Operating, LLC, has several projects pending for tax credits, and
Mr. Kilday answered they have one other project pending. Councilmember Brown asked if Mr. Kilday is
no longer asking for a loan but some sort of funding from the municipality. Mr. Kilday stated they just,
need to satisfy requirements for point system on their application. Councilmember Brown stated there is
Community Development Block Grant (CDBG) funding done on Housing and Urban Development (HUD)
projects, was never discussed when discussing Ad Valorem.
Councilmember Hill asked if this project would go on the tax rolls at a reduced rate, and Mr. Kilday�
answered would reduce at a market rate development. Mr. Kilday further stated he is not sure of they
amount, has a lot to do with the appraisal district. Councilmember Hill stated the project is taking
valuable commercial property off the tax rolls, is not in the interest of economic development.
Dick Kilday with Kilday Operating, LLC, spoke and stated the Texas Department of Housing and
Community Affairs (TDHCA) comes up with strange point items for the application and are now chasing
points, only reason they are doing this, appreciates having Phase 1 there and has been successful. This
does not have to be a loan, could do a Chapter 380 loan, trying to do the best they can.
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 -�
Courteous, Competent, Reliable, Professional and Enthusiastic. The recipient for the first quarter of 2013
is Aubrey Harbin. Ms. Harbin is the Development Specialist/Permits Manager for the Community
Development Department, and was nominated by a co-worker that stated Ms. Harbin is probably the most
important piece of the Five Star Committee. The City Manager thanked Aubrey for her hard work.
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Ms. Harbin introduced her husband and sons and stated the Five Star Spirit committee is definitely a '
team effort, tries to think of fun and new exciting things to keep the City employees entertained.
COMMUNICATIONS FROM THE PUBLIC
Carol Stuart, Friendswood resident, addressed Council and stated she lives in Northfield Estates and
would like to resolve their traffic issue, had a meeting and discussed emergency issues, maybe a 911
gate, can do six months of speed humps and six months of 911 gate, would take the heat off Northfield
Estates, would like the streets safer for their kids.
Janis Lowe, Friendswood resident, addressed Council and stated she is speaking in support of the
expansion of Gardens of Friendswood Lakes. The Homeowner's Association (HOA) president could not
be at the meeting, HOA was overwhelmingly supportive, has petitions of 200 plus residents, please
support rezoning. Ms. Lowe further discussed a co-locator for the old City Hall site, in driving streets daily
there are two dropped call spots in the City and are near the co-locators, there are things the City can do
to restrict that from happening.
John Halvorsen, Friendswood resident, addressed Council and stated he lives on Garden Lakes Drive
near Gardens of Friendswood Lakes development, is grateful for them being there because they block
noise traffic from FM 528, is in favor of expansion.
Nelda Guerra, Friendswood resident, addressed Council and stated she also lives on Garden Lakes Drive
near Gardens of Friendswood Lakes development, is in favor of the expansion, have over 200 signatures
of people that live near the proposed project.
Walter Wills, Friendswood resident, addressed Council and stated he lives on Garden Lakes Drive, would '
like to see the development expanded, have been a nice neighbors, seniors need places to live.
Laurel Isaak, Friendswood resident, addressed Council and stated is at the meeting to talk about
Northfield Estates, is not a fan of speed humps, in doing research speed humps reduce property values
and does not calm traffic, tears up emergency vehicles, safety delays, recent Police Department
presence improved the situation, wants all her neighbors to get along but humps are not the answer.
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
Keep Friendswood Beautiful (KFB) Chair Sherry Goen gave the annual report. Ms. Goen gave a
PowerPoint presentation and discussed activities, educational programs, solar lights, Light Up Stevenson
Park Sponsorship Program with a total of 15 sponsored, showed a picture of KFB sponsors and
supporters, total sponsorship in 2012 was $30,800 which funded Santa in the Park and the 15 solar lights
in Stevenson Park, KFB is sponsoring a Movie in the Park this summer, placed 3fd in the Governor's
Community Achievement Award, will attend Keep Texas Beautiful (KTB) conference and will present
Branding Your Organization with a Mascot Panel discussion at the conference, received the KTB's Gold
Star Recognition for this year's annual reporting to KTB, thanked the Community Services Department,
are always there and always lending a hand, personally thanked Cornerstone Maintenance who are open
to their suggestions to help keep Friendswood beautiful. Ms. Goen acknowledged the KFB members in
attendance.
Councilmember Brown thanked KFB for what they do and gave names to Community Services Director
James Toney a couple of years ago regarding cross networking and can get list from him.
Community and Economic Development Committee (CEDC) member Jeremy Magnuson gave a report on
the FM 528 strategy. Mr. Magnuson stated CEDC looked at the DR Horton plan and as a committee '
CEDC is happy with the property that DR Horton has set aside for commercial development. CEDC
member Tony Annan and Economic Development Coordinator Karen Capps have met with several of the
landowners along FM 528 to find out why the area is not developing and what the City could do to help
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' with development. The response was the adjacent neighborhood's resistance to commercial!
development plans and the pressure the residents place on the City are inhibiting commercial
development, can only do churches, retirement or assisted living communities and residential use.
Developers will not press forward with commercial development if there is significant resistance from the
City. Another problem along FM 528 corridor is some areas lack sewer and water, need to look at getting
this to them. He further stated some have spoken with seven of the developers and will try to get the;
whole list of developers checked off. Developers are happy that CEDC is speaking to them, maybe can
get development moving forward that has been stagnant for many years.
CITY MANAGER'S REPORT
City Manager Roger Roecker reported the Friendswood Police Department will be honored on May 14,
2013, by the Friendswood Masonic Lodge. Police Chief Bob Wieners will accept the Community Builder
Award, the only non-member recognition that the Masons give. It is in honor of the Police Department's
contribution to making Friendswood one of the safest cities in America. On May 23, 2013, Chief Wieners
will receive the Community Champion award on behalf of the Friendswood Police Department from the
Bay Area Alliance for Youth and Families. The criteria for this award includes a passion for serving
children and families within the Bay Area as well as providing support for the Alliance's mission, vision,
and goals. According to the Bay Area Alliance, the Police Department "has been critical to its success
and has been an invaluable resource this year."
The City Manager reported each year, the Texas Division of Emergency Management, the National
Weather Service, Emergency Management Coordinators and officials with local jurisdictions,join together
to recognize Hurricane Preparedness Week. This year May 26 — June 1 has been designated as
Hurricane Preparedness Week in Texas. This is an excellent time to remind our residents to learn their
zip-zone evacuation areas and the designated evacuation routes. It is also imperative we encourage the,
' general public to make plans for what they will do before and after a storm, double check emergency,
supply kits for themselves, for persons with functional and access needs, and for their pets. Fire;
Marshal/Emergency Management Coordinator, Terry Byrd, and the Office of Emergency Management
Staff have been busy with their hurricane preparedness efforts for the 2013 hurricane season. The
Emergency Management Coordinator attended the 2013 National Hurricane Conference in New Orleans
March 25-28, and a Staff member attended the 2013 Texas Emergency Management Conference in San
Antonio March 25-28, both receiving training in several specialized areas of disaster preparedness. The
Office of Emergency Management (OEM) will be hosting the Annual City-Wide Hurricane Preparedness
Meeting on May 22, 2013, at the Public Safety Building with contractors, school districts, service
providers, utilities, and other cities, along with our Mayor, Councilmembers, City department directors and
supervisors to discuss their particular hurricane preparedness plans for the coming season. The OEM
Staff will be scheduling meetings with the functional needs facilities (nursing homes, senior living
facilities) and with the faith-based organizations to discuss their preparedness plans. OEM Staff
continuously reviews and updates the City's Emergency Management Plan as required by the
State, along with updating the Debris Management Plan. Contracts are in place for emergency services!
debris disposal and catering services. The Debris Monitoring Contract will be brought before Council for
their consideration at the June meeting. The City Manager commended City Staff for continuing to be
proactive in leading the City's efforts in training, coordinating meetings with the public, hardening our
facilities, and continually helping us to be ready to deal with the next catastrophic event that comes our
way.
The City Manager reported this year's Concerts in the Park Series began May 3, 2013, and will continue
every Friday night during the months of May and June. Concerts will take place at Stevenson Park in the
Gazebo. All concerts will begin at 7:00 PM and end at approximately 9:00 PM. The first Mitch and Artha
Wright Concert of 2013 featured the Friendswood High School Jazz Combo and the Clear Brook High
School Jazz Band. On subsequent evenings, attendees can look forward to Jazz, Rock, Bluegrass,
' Zydeco, Classic Rock music. Bring your blankets, lawn chairs, refreshments, dinner or snacks and be
ready to sit back and enjoy an evening of fun and family entertainment brought to you by the Community
Services Department of the City.
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The City Manager reported in July 2012 Council approved a resolution with the Texas Department of '
Transportation (TxDOT) entering into a signal agreement for the installation and long term maintenance
of a traffic signal for FM 528 and Friendswood Lakes Boulevard. TOOT has now indicated that
construction is underway for the new traffic signal. It is anticipated that the signal will be fully installed
and operational by the end of May. Contact the Community Development Department with any
questions.
The City Manager reported on May 27, 2013, at 10:00 AM a Memorial Day ceremony will be held at the
Veteran's Memorial adjacent to Friendswood City Hall, 910 South Friendswood Drive. The ceremony will
feature patriotic songs, a tribute to the flags, and a special guest speaker. The City is honored to
announce this year's speaker is Colonel Jack B. Zimmermann, USMC Retired, a Vietnam Veteran who
served 14 years on active duty in the United States Marine Corps, where he earned two Bronze Star
medals for heroism and the Purple Heart for wounds in action, and 16 years as an officer in the Marine
Corps Reserve. All local Veterans are invited to attend and join the Mayor for a group photo at the close
of the ceremony.
Mayor Holland recessed the meeting at 7:31 PM and reconvened the meeting at 7:41 PM.
ACTION ITEMS
**Councilmember Hill moved to remove from the table authorizing an appropriation of funds to the Gulf
Coast Waste Disposal Authority for the rehabilitation of the Blackhawk Wastewater Treatment Plant and
authorizing the Mayor to execute the Authorization for Expenditure (AFE). (Previously tabled April 01,
2013)
Seconded by Councilmember Enochs. The motion to remove from the table was approved
unanimously.
***Councilmember Hill moved to approve the Mayor to execute the Authorization for Expenditure (AFE) '
for Packages A and B.
Seconded by Councilmember Rockey. The motion was approved 6-1 with Councilmember Enochs
opposed.
**Councilmember Rockey moved to remove from the table approving a traffic calming plan for Northfield
Estates and authorizing the appropriation of funds. (Previously tabled April 01, 2013)
Seconded by Councilmember Hill. The motion to remove from the table was approved unanimously.
Councilmember Rockey asked for a Point of Information would like to hear from Staff regarding the traffic
studies from the engineers and efforts made by the Police Department prior to making a motion.
***Councilmember Brown moved to have Staff give an update on Northfield Estates.
Seconded by Councilmember Hill. The motion was approved unanimously.
Mayor, Council, and Staff held a lengthy discussion regarding an update on Northfield Estates traffic
issues. Staff has had some issues retrieving accurate traffic data due to equipment being tampered with,
the Police Department has had a visible presence in the neighborhood, have issued some citations and
warnings. The Homeowner's Association has not provided Staff with an update regarding forming a
committee of residents. Staff recommends temporary speed tables if Council would like to take
immediate action.
****Councilmember Hill moved to put eight speed humps in now and give the Homeowner's Association
time to come up with more ideas.
Seconded by Councilmember McGinnis.
Mayor, Council, and Staff held further discussion regarding inviting the Forest of Friendswood '
Homeowner's Association's president to the next Council meeting to provide an update. The suggestion
was made to possibly use interactive speed signs and update the Major Thoroughfare Plan.
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' *****Councilmember Rockey amended the main motion to have the temporary speed humps installed for;
a three month period. At the end of the time period Council will have to review and do not leave in longer
without Council's reapproval.
Seconded by Councilmember Enochs. The amended motion was approved 5-2 with Councilmembersi
Enochs and Scott opposed.
Mayor and Council held further discussion regarding the time period temporary speed humps should be;
installed before Council reviews the results.
**Councilmember Brown moved to approve to direct Staff to provide an analysis of whether the City can
waive park fees and would refer to Section 395-021 of the Local Government Code as a reference point,
which is the authority of a City to spend funds to reduce fees.
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 if the Gardens at
Friendswood Lakes 11 project would provide economic development for the City, and the Community and
Economic Development Committee (CEDC) is firmly against the project in regards to economic
development. The suggestion was made that Council could show support of the project by granting a
variance, or by waiving park dedication fees, impact fees, and building permit fees instead of providing a
loan.
***Councilmember Brown moved to amend the main motion to ask for a legal opinion regarding the
requirements for waiving impact fees and park fees for a project of this nature.
Councilmember Rockey refused to amend his second. The amended motion died due to lack of a.
' second.
Councilmember Hill called the question.
**Councilmember Brown moved to allow for $27,750 to be considered waived as any park fee for the
project.
The motion died due to lack of a second.
I
**Councilmember Rockey moved to approve the disposition of Bid No. 2013-02 for the Replacement of
Lift Station No. 6, award to David Wight Construction Company, LLC, and authorize the Mayor to execute
the contract and authorize the appropriation of funds.
Seconded by Councilmember McGinnis.
Mayor, Council, City Attorney, and Staff held a lengthy discussion regarding all change orders will come
before Council for approval, the number of trees affected by each option Staff provided, per the City
Attorney there is no risk in pursuing a contract with Mr. Wight while in a lawsuit on another matter, and
utility companies have signed off on the plans.
***Councilmember Rockey moved to amend the main motion to approve Option Three authorizing the
appropriation of funds of$47,790.57.
Seconded by Councilmember McGinnis. The amended motion was approved unanimously.
Councilmember Rockey briefly left Council Chambers at this time.
**Councilmember Scott moved to approve a Chapter 380 Business Incentives Grant application from
Chixin Corporation (Masa Sushi Restaurant No. 3, LLC) for economic development and authorize the
' Mayor to execute the agreement and not to exceed $20,000.
Seconded by Councilmember McGinnis. The motion was approved 6-0 with Councilmember Rockey
absent from Council Chambers.
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**Councilmember Scott moved to approve an Interlocal Cooperation Agreement with Friendswood '
Independent School District (FISD) for the use of their buses during City events and authorizing the
Mayor to execute the agreement.
Seconded by Councilmember Enochs. The motion was approved unanimously.
Mayor, Council, and Staff held a discussion regarding Clear Creek Independent School District (CCISD)
not being contacted but Staff can contact them, CCISD and Friendswood Independent School District
(FISD) sites are both being used for the 41h of July event, FISD does not charge for use of their parking lot
and CCISD does charge for parking lot usage.
**Councilmember Hill moved to approve authorizing the City Manager to execute an application for a
zone classification change for 111 E. Willowick, the cell tower property behind old City Hall, from
Downtown District(DD) to Planned Unit Development(PUD).
Seconded by Councilmember Rockey. The motion was approved unanimously.
Mayor, Council, Staff, Art Almanza with Crown Castle, and Dale Britton with AT&T held a discussion
regarding cell phone service throughout the City of Friendswood, trying to add AT&T to the cell tower, and
project needs to be completed by June 30, 2013.
**Councilmember Enochs moved to approve the creation of three alternate positions on the Friendswood
Library Board.
Seconded by Mayor Holland. The motion was approved unanimously.
Councilmember Enochs explained the need for the alternate positions on the Library Board.
**Councilmember Brown moved to approve Council directing attorneys to request mediation with the
plaintiffs in Case No. 12-2836, 212th Galveston District Court and if plaintiff refuses to then file a motion '
to compel mediation.
The motion died due to lack of a second.
**Councilmember Brown moved to designate all Allison buyout lots as parkland since the City has taken
the position that all buyout lots have to be used as parks.
The motion died due to lack of a second.
RESOLUTION
**Councilmember Scott moved to approve Resolution No. R2013-06 -A resolution of the City Council of
the City of Friendswood, Texas, amending Rules of Procedure for the conduct of City Council meetings
by amending Rule 17 in order to include an Invocation and Pledge of Allegiance and to modify the
provisions of the rule concerning discussion and action; and repealing all other resolutions inconsistent or
in conflict herewith.
Seconded by Councilmember Hill. The motion was approved unanimously.
ORDINANCES
**Councilmember Hill moved to approve the Second and Final reading of Ordinance No. 2013-08 - 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 Rockey. The motion was approved unanimously.
**Councilmember Hill moved to approve the Second and Final reading of Ordinance No. 2013-09 - An
i
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' ordinance 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 facade 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 Rockey. The motion was approved 6-1 with Councilmember Browni
opposed.
**Councilmember Scott moved to approve the Second and Final reading of Ordinance No. 2013-10 -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 Rockey. The motion was approved 5-2 with Councilmembers Hill and
Brown opposed.
**Councilmember Scott moved to approve the Second and Final reading of Ordinance No. 2013-11 -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 Rockey. The motion was approved 4-3 with Councilmembers Hilll
McGinnis, and Brown opposed.
**Councilmember Hill moved to approve the Second and Final reading of Ordinance No. 2013-13 - 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," (with the exception of NAICS Use
#54194 "Veterinary Services"), NAICS Use#621 "Ambulatory Health Care Services," (with the exception
of NAICS Use #6214 "Outpatient Care Centers"), NAICS Use #531 "Real Estate," NAICS Use#52 Use
"Finance and Insurance," (with the exception of NAICS Use #522298 "All other nondepository credit
intermediation");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 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 provision hereof; and providing
for severability.
Seconded by Councilmember McGinnis. The motion was approved 6-1 with Councilmember Brown
opposed.
**Councilmember Scott moved to approve the First and Final reading of Ordinance No. 2013-14 - Ah
' ordinance of the City Council of Friendswood amending Ordinance 2013-06 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.
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Seconded by Councilmember Hill. The motion was approved unanimously. '
**Councilmember Enochs moved to approve the First and Final reading of Ordinance No. 2013-15 - 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 VII" to the "Original General Budget of the City of
Friendswood, Texas, for the Fiscal Year 2012-2013"; providing for supplemental appropriation and/or
transfer of certain funds; providing for severability; and providing other matters related to the subject.
Seconded by Councilmember McGinnis. The motion was approved 6-1 with Councilmember Brown
opposed.
**Councilmember Scott moved to approve the First and Final reading of Ordinance No. 2013-16 - 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 Vill" to the "Original General Budget of the City of
Friendswood, Texas, for the Fiscal Year 2012-2013"; providing for supplemental appropriation and/or
transfer of certain funds; providing for severability; and providing other matters related to the subject.
Seconded by Councilmember Rockey. The motion was approved 6-1 with Councilmember Brown
opposed.
**Councilmember Enochs moved to approve the First and Final reading of Ordinance No. 2013-17 - An
ordinance amending City of Friendswood, Texas, Ordinance No. 2012-26, passed and approved October
01, 2012, same being an ordinance approving and adopting the City's General Budget for Fiscal Year
2012-2013 by approving "Budget Amendment IX" 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; authorizing the City Manager's execution of an agreement with Phonoscope
Light Wave, Inc.; providing for severability; and providing other matters related to the subject. '
Seconded by Councilmember McGinnis. The motion was approved 6-1 with Councilmember Brown
opposed.
**Councilmember Scott moved to approve the First and Final reading of Ordinance No. 2013-18: 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 X" 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; authorizing the City Manager's execution of an agreement with United States K-
9 Unlimited, Inc.; 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.
**Councilmember Rockey moved to approve the First reading of Ordinance No. T2013-19 -An ordinance
amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C — "Zoning," by
amending the zoning classification for 2.83 acres designated as 1501 W. Parkwood Avenue, Lot 2 of the
Gardens at Friendswood Lakes, situated in the George W. Patterson Survey, Abstract 645, Galveston
County, Texas; rezoning such property from Community Shopping Center (CSC) to Planned Unit
Development — Specific Use Permit (PUD-SUP) for "Senior Citizen Only Multi-Family purposes;"
amending PUD-SUP Ordinance 2009-14, referencing 1423 W. Parkwood Avenue, being Lot 1 of the
Gardens at Friendswood Lakes, situated in the George W. Patterson Survey, Abstract 645, Galveston
County, Texas, to add said 2.83 acres (Lot 2), amending the existing site plan to include an additional
thirty six (36) units, providing for setback requirements, and related amendments for such purposes, as
depicted in Exhibit B, attached hereto, but otherwise subject to the prior regulations, restrictions, and
conditions of Ordinance 2009-14 and specific conditions herein; 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
provision hereof; and providing for severability. '
Seconded by Councilmember McGinnis. The motion was approved 4-3 with Mayor Holland and
Councilmembers Hill and Scott opposed.
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Mayor and Council held a discussion regarding if Council should proceed with rezoning the property
contingent on the owner financing the project.
***Councilmember Enochs moved to table the First reading of Ordinance No.T2013-19.
Seconded by Councilmember Scott. The motion to table failed 34 with Mayor Holland, Councilmembers
Hill, Rockey, and Brown opposed.
Mayor, Council, and Staff held further discussion regarding rezoning of the property for the Gardens at
Friendswood Lakes expansion project, funding request from developer, the Planning and Zoning
Commission and the Community and Economic Development committee's recommendations on the
project, if rezoning is granted and want to rezone the property in the future the request would have to
come from the property owner.
****Councilmember Brown moved to table the First reading of Ordinance No. T2013-19.
Seconded by Councilmember McGinnis. The motion to table failed 34 with Mayor Holland,
Councilmembers Hill, Rockey, and Scott opposed.
Mayor, Council, and the City Attorney held further discussion regarding if Council could approve the
ordinance contingent on the development receiving funding from the state. The City Attorney suggested
postponing the second reading of the ordinance until, needed, the City Charter will allow three months
between readings.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Brown stated she wanted to thank everyone that reached out to herself and her husband
after the Boston Marathon, reminded residents to vote, enjoyed the Mary Queen festival, thanked those
who ran in the police race, signed up but did not run but wanted to support the effort, does not take a lot
of pre-planning to get out there.
Councilmember McGinnis stated the Fourth of July Steering Committee had their meeting earlier this
month, they are ready and could have the parade tomorrow, attended the Community and Economic
Development Committee meeting, there is a sense with residents of what are they doing to FM 528
corridor, there is a misunderstanding about Power Corridor, is not about energy, at last meeting
discussed what was discussed with landowners, have reputation that City of Friendswood is hard to do
business with, kudos to those groups.
Mayor Holland stated he went to Westwood Elementary for the Rocket Reader program and had not been
there since his kids were in school, kids read 5,508 books, really was a neat thing to do and a lot of fun,
was wonderful. He stated he would like to remind residents of the Memorial Day Ceremony, and high
school graduations are coming up.
Councilmember Hill stated please come to the Memorial Day celebration, started four years ago with a
small group, is a nice event and the City should be proud.
Councilmember Enochs thanked KFB Chair Sherry Goen and Keep Friendswood Beautiful for all they
have done and their hard work, may bring budget amendment for a reader board sign near West Ranch.
Councilmember Rockey stated he showed some Girl Scouts around City Hall and they passed an
ordinance to make boys go to bed at 5:30 PM.
Councilmember Scott stated he had no report.
' CONSENT AGENDA
**Councilmember Scott moved to approve all items on the Consent Agenda as presented: A. Authorize
disposal of two out-of-service Police Department vehicles (P238 and P240) through Houston Auto
I
I
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Auction in accordance with the vehicle Replacement Policy. B. Approving concurrence with Friendswood '
Development Company's re-appointment of Brian Gibson and Doug Konopka to the West Ranch
Management District Board of Directors. C. Approve acceptance of UV Country's donation of a Kawasaki
TERYX4 to the Friendswood Police Department. D. Accepting the March 2013 Property Tax Report. E.
Approving the minutes of the March 04 and March 18, 2013, City Council Meetings.
Seconded by Councilmember Enochs. The motion was approved 6-1 with Councilmember Brown
opposed.
The meeting was adjourned at 9:18 PM.
Mayor Kevii `and
Attest:
FRIo••,
Melinda Welsh, TRMC ;O
City Secretary
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