HomeMy WebLinkAboutCC Minutes 2013-06-03 Regular 06/03/13 4144
STATE OF TEXAS
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTONIHARRIS )(
JUNE 03, 2013 )(
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, JUNE 03, 2013, AT 4:30 PM AND AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS!
910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT
CONSTITUTING A QUORUM:
MAYOR KEVIN HOLLAND
MAYOR PRO-TEM JIM HILL
COUNCILMEMER STEVE ROCKEY
COUNCILMEMBER BILLY ENOCHS (Arrived at 4:40 PM)
COUNCILMEMBER PAT MCGINNIS
COUNCILMEMBER JOHN SCOTT(Arrived at 4:36 PM)
COUNCILMEMBER CARLGUSTAFSON
CITYATTORNEY 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 Dana Aaronson with Friendswood Community Church.
Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas.
COMMUNICATION FROM THE PUBLIC
Fred Krch, Friendswood resident, addressed Council and stated he met with David Wight about the
proposed land purchase, found a lot of answers. The City can save a lot of money on the library by using
the school that is vacant, and should consider this due to the economic climate. He further stated he
spoke to Friendswood Independent School District Superintendent Trish Hanks who stated she is
interested.
Bill Provenzano, Friendswood resident and Friendswood Chamber of Commerce Chairman, addressed
Council and discussed the Chamber of Commerce's first Community Awards luncheon scheduled for
August. The luncheon will honor people in the community who have volunteered, will recognize teh
award recipients based on nominations from the community, and will shine a spotlight on the wonderful
contributions being made in the community.
Keith Drake, Friendswood resident, addressed Council and stated he is president of the Forest of
Friendswood Homeowner's Association (HOA), thanked Councilmember Enochs and Assistant City
Manager Morad Kabiri for encouraging dialogue between the HOA and Council. He provided a survey tb
Council from a couple of months ago where the HOA asked Northfield Estates residents for their opinions
regarding traffic control and received varying results. The focus of the HOA is to define the problem,
design is not the issue, traffic volume is unknown because it is difficult to get data, traffic compliance such
as speeders and people running stop signs, over the past couple of months all has been quiet on the
northern front, there was not much discussion at the last HOA meeting regarding the issue. At the next
HOA meeting, consideration will be given to conduct another survey that will be sent out after the speed
humps are installed and an online poll will be conducted as well.
WORK SESSION
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Mayor Holland opened the discussion with the Citizens Bond Advisory Group regarding their
recommendations for a possible Bond Election. City Manager Roger Roecker gave a brief history of the '
Citizens Bond Advisory Group, and thanked the volunteers for all the time spent on the project.
Ron Cox, a member of the Bond Advisory Group, stated it has been seven years since he has been
associated with a project for the City, there will be speakers from four groups, acknowledged City Council,
City Manager and Staff, over 80 citizens from the City expressed interest in volunteering. Friendswood
resident David Disiere is the chair of the Bond Advisory Group but has had major surgery and cannot
present the presentation tonight. Mr. Disiere has done a great job getting the group together, provided a
meeting room and staff to help during meetings. Mr. Cox further stated the City Manager's charge to the
group was non-specific, a broad opportunity to make recommendations, the group began to ask
questions, there was a series of presentations made to the group, looked at the Capital Improvement
Plan (CIP). Neither the City Manager nor Staff attempted to influence in any direction, were information
providers only. The Citizens Bond Advisory Group consisted of four subgroups of Streets and Drainage,
Parks and Recreation, Facilities, and Finance. The full group met eight times and the subgroups met
numerous times. The group met with citizens and Staff to carefully review the CIP as well as the
financing structure and options. Mr. Cox acknowledged the committee members present by having them
stand. Mr. Cox reported that the population growth in the City of Friendswood has seen a 51% growth
since 1994 and 366% since 1975. The rationale for recommendations was reviewed such as Vision
2020, enhance safety, promote the City of Friendswood as the No. 1 City, improve efficiency in operation,
increase attractiveness to prospective businesses, improve quality of life, improve infrastructure, prepare
the City for build-out, increase value of homes and businesses.
Robert Zurawski, a member of the Bond Advisory Group, presented the Streets and Drainage portion of
the bond presentation. Mr. Zurawski acknowledged the core members of the Streets and Drainage
subgroup Skipper Jones, Theresa Gustafson, Charles Baumgardner, and Shannon Trochesset. There
are $40 Million worth of worthy projects on the books, reviewed all and boiled down to the '
recommendations provided during the presentation. The Major Thoroughfare Plan identifies boulevard,
collector streets and major thoroughfare improvements in the City. One item that should be considered is
Brittany Bay Boulevard, which will eventually be needed to mitigate traffic pressure on FM 518/FM 528
and in other areas of the City. Another is to pursue the extension of an eastbound left turn storage lane
on FM 518 at FM 2351 to the maximum allowable length with Texas Department of Transportation
(TxDOT). The Streets and Drainage Subgroup is not recommending any immediate drainage
improvement funding package at this time, great improvements have already been made. Mr. Zurawski
gave the recommendations from the Streets and Drainage subgroup regarding street rehabilitations
Shadowbend — FM 518 to Woodlawn in the amount of$393,000, Woodlawn — FM 2351 to Shadowbend
in the amount of$400,000, Townes Road — Lucian Lane to Crofterglen Drive in the amount of$273,000,
Mary Ann Drive — FM 518 to Christina Lane in the amount of $549,000, Blackhawk Boulevard — Link
Road to Whittier Drive in the amount of$1,795,200, Blackhawk Boulevard—Whittier Drive to Pennystone
in the amount of $1,979,000, Blackhawk Boulevard — Pennystone to Regal Pine Way in the amount of
$1,607,000, and Winding Road — Melody Lane to Riverside Court in the amount of $642,000, with a
Streets and Drainage total of $7,638,200. The subgroup considered many factors when prioritizing the
recommendations. The subgroups recommendation summary is to acquire funding now to proceed with
the$7.638 Million Street Rehabilitation Package recommended, evaluate $5.702 Million in deferred Street
Rehabilitation Projects as future capital improvements, adjust Friendswood Streets operations and
maintenance budget in the future as required to support the growing scope of maintenance work on
Friendswood's roadways and the pavement infrastructure in the City, increase Friendswood drainage
funding in the future as required to support unfunded drainage improvements and growing drainage
infrastructure in the City, and pursue major thoroughfare improvements in the City as needed to mitigate
traffic pressure at the appropriate time and when external funds and easements can be secured.
Susan Steinberg, a member of the Bond Advisory Group, presented the Parks and Recreation portion of
the bond presentation. Ms. Steinberg thanked the members who participated in the meetings, Sherry '
Goen, Tom Goodwin, Paul Marx, Ken Michael, and Phillip Webb. The top five requests from the 2009
survey of Friendswood citizens were to develop more park facilities and programs, develop more
neighborhood parks, develop more hike and bike trails, build larger community parks, and more open
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space. The recommendations from the Parks and Recreation subgroup has been divided up into several
' areas, land acquisition of mini parks, neighborhood parks, greenways, nature parks and sports parks, the
expansion of parks such as Sports Parks and Stevenson Park, Lake Friendswood improvements such as,
improving the road and providing some amenities, and park improvements to Stevenson Park, 1776 Park,
Imperial Estates, Sports Park and Centennial Park. The summary of recommendations are to acquire
new parkland to increase the number of acres per resident to be closer to the recommended average for
a City the size of Friendswood, expand the existing parks with additional land, improve the existing parks
with new amenities for all ages from kids to the over 65 generation, open and make accessible Lake
Friendswood. The total of recommendations is $7,214,500 which includes land acquisition for a total of
$2,000,000, expansion of existing parks for a total of$1,400,000, improvements at Stevenson Park for a
total of $246,500, improvements at 1776 and Imperial Estates Parks for a total of $500,000;
improvements at Sports Park for a total of $1,718,000, improvements at Centennial Park for a total of
$850,000, and Lake Friendswood for a total of$500,000.
Mike Stuart, a member of the Bond Advisory Group, presented the Facilities portion of the bond
presentation. Mr. Stuart asked the subgroup to stand and be recognized. The first item reviewed was the
Friendswood Public Library. The circulation of the library has gone up 70% since 1994, the youth and
young adult services has gone up 82% since 1994, and over the last ten years the Wi-Fi/Internet access
has gone up 300%. Mr. Stuart read the library's mission statement which is to engage, educate, entertain
and empower every family member and business in the Friendswood community, to be the foremost
promoter of self-directed lifelong learning, and to be a vibrant library where people want to be. The
library's footprint in 1994 was 13,379 square feet and the usable space in 1997 was 15,249 square feet.
It no longer meets the current and future demands for the resources and services provided. The three
options considered in 2011 were renovations of existing space and an additional 6,000 square feet with
costs estimates of $2 Million, and remodel with no or modest expansion. The other item reviewed was
the Friendswood Fire Department. Due to growth and an increase in demand for services, Friendswood
' Fire Department's facilities are no longer adequate. The main station No. 1 at 1000 South Friendswood
Drive was built in 1975 and is too small and needs significant structural improvements and repairs. The
present locations of the four current fire stations do not meet the recommended minimum Insurance
Services Organization (ISO) and the National Fire Protection Association (NFPA) coverage requirements
of a two mile radius for all sections of the City. Critical needs are a new main facility with adequate
space, complete geographical coverage with adequate response times, and improved structural strength
for disaster. The critical needs are with the goal of reducing response time to areas covered, meeting
minimum standards and potentially improving insurance rating, provide fire/rescue training for volunteers,
and continue to provide community activities and education. Mr. Stuart showed a graph of all the Fire
Station locations and discussed the need for relocating Fire Station No. 1. The population of
Friendswood has grown but to the peripheral of the City and not central. The Facilities Master Plan
should be done. There were many unmet needs in facilities but no reliable study except for the Library
and Fire Department. The City needs a study to evaluate all facilities. Evaluation of the usability of Fire
Station No. 1 if a new station is built, results may or may not indicate additional or different funding of
facilities projects, recommend immediate funding for a facilities study. A summary of recommendations
are expansion for Fire Station No. 4 as the new headquarters fire station with space for Emergency
Medical Services (EMS), build a new fire station at the Public Safety Building to replace Fire Station Nd.
1, expand the library to accommodate the need for larger meeting space, teen area, e-access area and
additional meeting space, and keep the library in the current location where it can remain as the
cornerstone of the community. The Facilities recommendation is library expansion in the amount of $2
Million, Fire Department build-out, Option 2, Phase 1 in the amount of $6.5 Million. The total of
recommendations for Facilities is $8.5 Million.
Robin Hall, a member of the Bond Advisory Group, presented the Finance portion of the bond
presentation. Ms. Hall stated the group looked at and reviewed Friendswood's 20% Homestead
Exemption. Friendswood has the highest exemption around, could reduce to 10% but go up
' incrementally every year, did not recommend to go for a sales tax increase, EMS/FIRE contribution of$3
a month looked at raising but felt that would lose same revenue as gained, looked at bonds and a tax
increase, and a bond is recommended. Tax rate implications are that the rate has been consistently
lowered since 2003, taxes are frozen for the over-65 population, all homeowners still have 20%
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homestead exemption, $23 Million in bonds would increase the tax rate by $.05/$100, average home '
value of $217,000 would reflect an increase of $95.48 per year, new homes average home value of
$346,000 would reflect an increase of$152.24 per year. Ms. Hall showed a chart of what the tax rate has
been since 2003, is lower than any community around us. Another slide was shown that showed a chart
of property value and what the increase in taxes would be.
Ron Cox, a member of the Bond Advisory Group, stated a huge amount of time and effort has been given
by the group, found out that there is over $100 Million of identified needs, and made a decision on
priorities. The group is not recommending $73 Million in improvements, or the funding of short life cycle
projects that Council can budget for efficiently. The recommendations and conclusions are that the Bond
Group has voted and makes the following recommendations: the bond amount for Streets and Drainage
is $7,638,200, Parks and Recreation amount of $7,214,500, Facilities — Library amount of $2,000,000,
and Facilities— Fire Department amount of$6,500,000. It is recommended to have at least four separate
items on the ballot, election is called for November 2013, and that the Facilities Master Plan be funded
immediately in order for the bond group to get a broader perspective of the facility needs throughout the
City, and tax rate recommendation is 2014 with a proposed increase of $.05/$100. The Bond Advisory
Group has finished their task, group appreciates the opportunity to respond to and make
recommendations to meet the needs of the City. The group stands adjourned and ready to assist the
Council should an election be called. The final slide presented was a compilation of all recommendations
made with a bond recommendation total of$23,352,700.
Councilmember Rockey asked if there were any members in the group that had a minority or different
opinion, and Mr. Cox answered the feeling was strong the projects should be done, was as close to
unanimous as you can get. Each group and individual had their own concerns about what was important.
Councilmember Rockey stated given the time they worked on it, the group did a fabulous job.
Mayor Holland asked logistically if you look at the big picture how does the City move forward, and Mr. '
Cox answered if the City has a bond election and all are approved, would not get $23 Million in bonds
immediately and do all the projects immediately. Staff could look at their own capacity to get these
projects out, could prioritize and be done in increments,will not have an immediate effect on the tax.
David Disiere, a member of the Bond Advisory Group, stated he thinks the Mayor asked how would the
Bond Advisory Group support and how would the process move forward between now and the election.
Mr. Disiere further stated the answer would be that the Bond Advisory Group would be a great advocacy
group and are ready to back it up.
Robin Hall, a member of the Bond Advisory Group, stated the group looked at when the school board
called their election and looked to see if there is was enough time to educate, did take a vote and
members are willing to serve on educating the community on the fact that the over-65 age bracket will not
be affected, will only be a $95 increase on most homes. Talked extensively about education and most
members of the group are willing to move forward to educate if Council calls an election.
Councilmember Hill asked if current interest rates were used on the finance calculations, and City
Manager Roger Roecker answered yes. Councilmember Hill stated the City just spent $3 Million on a
2003 bond issue, interest on this amount of money is astronomical, if wait five to ten years to do these
projects the interest rate could be higher, construction costs are increasing as well.
Ms. Hall stated when Ryan O'Hara, the City's Financial Advisor, presented the finance presentation to the
whole Bond Advisory Group, they took interest rates into consideration and trends.
An audience member stated one of the provisions the Bond Advisory Group had is sunsetting the
homestead exemption, as that goes up every year, revenue would climb over time, would be able to do
this, regarding capacity issues and how many projects they could undertake, could do quite a few ,
projects.
Councilmember Hill thanked the Bond Advisory Group for their hard work, asked again to verify that
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senior's taxes would not be raised, and Mr. Cox answered they would not be raised.
' Councilmember McGinnis stated he appreciates the hard work in prioritizing, asked what items did not
make it. Mr. Cox stated within each of the categories there were several things such as improvements to
parks, more facilities that were discussed such as records retention, public works, civic center, other
options for the Fire Department, and other streets and drainage projects. Someday a group will be back
before Council recommending more of these projects. Streets and Drainage subgroup does have a
second tier list.
Councilmember Gustafson asked if there would be another election in November at the same time or
would the City be picking up the costs of the election, and the City Manager stated there would not be any,
other election. Councilmember Gustafson asked what the cost would be to hold an election in November
for the bond issue. City Secretary Melinda Welsh answered due to recent information from the Secretary
of State that if the City does not have enough election equipment to provide at all polling places that
Harris County and Galveston County has on Election Day then the City would need to contract with the
counties, research is still being done by the City Secretary's office to determine what the costs would be
and if it is indeed needed. Councilmember Gustafson asked if there would be a problem with calling the
election in May, and Mr. Cox answered there was a lot of deliberation in the group about getting
embroiled in a political race during a Council election in May, have to decide where Council wants to put
the priority.
Mr. Disiere stated have momentum now with the group, was impressed with professionals that took their
time, could be looking at different interest rates if election is delayed.
Councilmember Gustafson asked about the Fire Department input, and Mr. Cox answered Fire
Department Chief Rick McFee held lengthy discussions with the bond group.
' Fire Department Chief Rick McFee stood up from the audience and stated the Fire Department has
looked at multiple options trying to make sure the geographic requirements to cover all areas of
Friendswood is met, is comfortable with the recommendations, their recommendation was to build a
headquarters on FM 518 and FM 528, but accepts the recommendation, is a reasonable proposal.
Councilmember Hill asked what was a ballpark figure to contract with the county for an election, and the
City Secretary Melinda Welsh answered to contract with the county it would be an estimated $15,000,
and if the City bought their own election equipment to hold the bond election then it would be significantly
higher.
Councilmember Rockey asked if the bond election would be discussed at the Council retreat and a
decision made.
City Manager Roger Roecker stated it will be discussed but no decision will be made.
Councilmember Rockey stated maybe the election could be called in July.
Mayor Holland thanked all of the Bond Advisory Group members for their participation, impressed with
the work product produced.
Mr. Cox stated he enjoyed the opportunity to get to know citizens in the community he has never met
before, members are very interested in the City of Friendswood.
Mayor Holland opened the discussion regarding a request for a financing district from DR Horton Homes,
Inc. Assistant City Manager Morad Kabiri introduced Chris Lindhorst, Division President for DR Horton
' Homes, Inc.
Mr. Lindhorst introduced Jim Boone with Allen Boone Humphries Robinson LLP, who is the attorney
representing DR Horton Homes. Mr. Lindhorst presented a PowerPoint presentation to Council in
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regards to 373 acres on the south side of Friendswood that DR Horton Homes has under contract. A '
slide was shown with the first iteration of the land plan, and a revised land plan with input from Council to
increase lot sizes. Feedback from the last Council meeting was concern with lot size, increased to 110
foot lots, City park was added to the project, engineers have worked through a solution with the City on
water pressure and fire flows, questions regarding density, requested a list of reimbursements, and
connectivity. He showed a slide with the final land plan with a total of 802 units, lots will range in size
from 65 foot lots to 110 foot lots, and a park has been added to the north. The park will be 16 acres
dedicated to the City, there is a need in the City for large ball fields. Mr. Lindhorst further discussed the
density calculations for the Georgetown Planned Unit Development (PUD), density of homes per acre in
overall PUD, less the park, detention/lake, and commercial acreage is 2.41 units to acre, showed a
density comparison to West Ranch subdivision.
Councilmember Rockey asked how the calculation was done for the density because he did on his own
and has different numbers.
Michael Preiss, P.E. with Pape Dawson Engineers, Inc., explained the process of how the density was
figured.
Councilmember Rockey asked if the density numbers include easements and roadways.
Mr. Preiss answered yes that is how the density is usually calculated.
Councilmember Rockey stated he is concerned about the visual impact, the size of the homes on the size
of the lot.
Mr. Lindhorst stated those numbers can be run if need be, one difference in the Georgetown and West
Ranch projects is that West Ranch has 55 foot lots and the Georgetown lots will not have 55 foot lots. '
Mr. Boone stated the lots will start at 65 foot lots. Mr. Lindhorst continued with the PowerPoint
presentation with the engineers summary for bond authorization, total construction costs in the amount of
$36,263,500, total non-construction cost in the amount of$8,136,500, and the total bonds authorization
required in the amount of $44 Million. At the Community and Economic Development Committee's
(CEDC) April meeting feedback was given that the committee was satisfied with commercial land
allocation. A previous question asked by Council was how will the development tie east, proposing a
connector street that could become the beginning of an east-west connector for the City, a
conglomeration of the City of League City's Major Thoroughfare Plan as well as the counties.
Councilmember Rockey asked in regards to a map being shown, what would the connector street be
connected to.
Mr. Lindhorst answered as of now it would be connected to nothing, would be the funding of a start to an
east-west connector, showed a slide demonstrating the 8 foot bike trail and intersection going through the
property to the west boundary.
Councilmember Hill asked if there would be homes on this street or is it just a thoroughfare, and Mr.
Lindhorst answered no homes, is just a thoroughfare.
Mr. Lindhorst introduced Jim Boone with Allen Boone Humphries Robinson LLP., who stated there were
questions at the April Council meeting regarding the Municipal Utility District(MUD) creation, presented a
PowerPoint presentation about the creation of an in-city MUD for the Georgetown Development by DR
Horton Homes, Inc., in the City of Friendswood. Many cities support the creation of in-city MUDS the City
of League City, City of Galveston, City of La Marque, City of Houston, City of Pearland, City of Alvin, City
of Manvel, Iowa Colony, Sugar Land, Richmond, Rosenberg, Fulshear, Conroe, and many others. In-city
MUDs are created by the Texas Commission on Environmental Quality (TCEQ), it takes approximately six ,
to nine months for TCEQ to review and approve after the creation documents are received by TCEQ.
The City will have the right to designate two of the initial directors for the MUD Board of Directors. The
developer funds all infrastructure costs such as water, sewer, drainage, parks, and roads for the entire
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' project. The City approves all plans and specifications for all construction by the MUD/Developer and
inspects all construction, similar to all other utility construction in the City. The MUD/Developer will
finance, construct, own and operate all district detention facilities. After water, sewer, and drainage
utilities are constructed by the MUD, the utilities will be conveyed to the City for City ownership, operation!
and maintenance. The City will make all utility taps on all homes, commercial, industrial, and retail
developments in the MUD and bill and collect water/sewer revenue from all homes and other'
developments in the MUD on a monthly basis, similar to all development in the City. When sufficient
taxable values develop in the district, the MUD will sell tax exempt bonds to reimburse the developer for'
the water, sewer, drainage, parks, and roads, infrastructure costs in accordance with TCEQ rules. Prior
to bond sales by the MUD, the MUD will send to the City the TCEQ Order approving the bond sale and a
copy of the MUD public offering documents to keep the City apprised of all MUD financing. The MUD's
bonded debt does not in any way affect the City or its debt or the City's financial status. The MUD will not
sell bonds unless they can be supported by a tax rate of $0.65 under the TECQ feasibility rules,
comparable to the West Ranch development. MUD reimbursement to the developer will be capped,
similar to West Ranch. The developer will negotiate with the City a mutually agreeable Planned Unit
Development(PUD) for the project.
Mr. Boone further stated under Texas Commission on Environmental Quality (TCEQ) rules, the City
would own, operate and maintain the infrastructure. There have been questions from Staff regarding
Municipal Utility District (MUD) bankruptcies. Allen Boone Humphries Robinson LLP used to be with
Vinson and Elkins, when current group was with Vinson and Elkins in the 1970's and 1980's, MUDS could
sell Bare Land Bonds, would sell debt based on values expected to come, MUD sold bonds to raise
money for infrastructure, no developer advances, what happened in the 1980's was the oil bust, all
development stopped and MUDs that sold bonds on value to come were stuck when the tax rates for the
bonds rose. Mr. Boone showed a slide that shows bonds that defaulted in the 1970's and 1980's, there
were about 15 bond groups that filed bankruptcy. Vinson and Elkins worked together with TCEQ to put in
place the feasibility rules to basically protect all entities involved. In 1989, TCEQ adopted the feasibility
rules due to the oil bust and the disaster with real estate, and there has not been a single bankruptcy
since 1989. The Feasibility Rules do not allow Bare Land Bonds to be sold. The Feasibility Rules
basically state before a MUD can sell bonds a bond application must be sent to the TCEQ, an
engineering and financial feasibility is done by the TCEQ, and there is a multitude of rules that have to be
met before the first set of bonds can be sold. For the second set of bonds there must be 75% of
projected value above ground, and 95% of the infrastructure must be in place and completed before the
sale of bonds. Currently there must be above-ground value, in the recent recession collected 99% of
taxes, people pay their MUD taxes, practices have changed since the TCEQ has gotten involved. Mr.
Boone further stated DR Horton Homes projected schedule would be for the July Council meeting to
consider and approve a resolution of the City of Friendswood consenting to the creation of a MUD for the
Georgetown development by DR Horton Homes, and consider for approval the draft Utility Services
Agreement between the City of Friendswood and DR Horton Homes. At the August Council meeting
consider and approve the Utility Services Agreement, and consider for approval the Planned Unit
Development(PUD) for the Georgetown development by DR Horton Homes. Three items that need to be
put in place are the City consent, the Utility Services agreement, and approval on the PUD. Mr. Lindhorst
stated this would put DR Horton Homes on a 12 month process to get approval from TCEQ for the MUD.
Mr. Boone stated the MUD would need to be created prior to houses being built.
Councilmember McGinnis thanked Mr. Lindhorst and Mr. Boone for their presentation. Councilmember
McGinnis further stated he had received feedback from realtors about MUDS and the realtors stated
MUDS are not a good idea, also spoke to a resident that lives in the West Ranch Subdivision and the
resident stated a large tax has been added and the residents do not know when it will end, asked what
does the horizon look like for the Georgetown MUD.
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Mr. Boone answered in West Ranch subdivision there is a cap of the tax rate, cannot go above 65 cents
' per the approval of TCEQ, and the cap on the maturity of the bonds was limited to 30 years after the first
issuance, example is if bonds were sold in 2010 the last bonds would mature in 2040. There is a
definitive end time set in place for West Ranch to provide extra protection, do not have that protection in
any other MUD structures. The City was adamant about the cap being at 30 years, presents a little bit of
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complexity with financing. The West Ranch project has worked pretty well, could put a time limit in the '
Georgetown project if it would help.
Councilmember McGinnis asked what other options are available to the City, and Mr. Boone answered a
Municipal Utility District (MUD) or a Management District. Councilmember McGinnis stated he spoke to
someone on the City Council of League City and they stated that MUDs is the way that they have grown.
Mr. Boone stated one of the nice things about a MUD is there are extra amenities, have a choice to live
there or not, City of League City is pretty much MUDS, gives another choice to residents.
Mayor Holland stated he has done four developments in the City of League City and none were MUDS.
Mr. Boone stated not all are MUDs but there are much more than the City of Friendswood.
Councilmember McGinnis asked what the strip of land between the proposed park and housing area
would be, and Mr. Lindhorst answered it is Dickinson Bayou, a bridge would be built over the bayou to
provide access to the City park, the Bofysil family owns the piece of property, DR Horton Homes will
purchase the property and then donate the property to the City as part of the City park. Councilmember
McGinnis stated to the east of the park there is a lot of land and Mr. Lindhorst stated that land will still be
owned by the Bofysil family and will not be purchased by DR Horton Homes, slated to be industrial, there
would be a separate street to access the industrial portion from the park. Councilmember McGinnis
stated he had suggested at the last meeting about a buffer between residential and commercial lots, and
Mr. Lindhorst stated there is currently a 20 foot buffer. Councilmember McGinnis asked if the buffer could
be part of the hike and bike trail, and Mr. Lindhorst answered the exact layout of the bike trail has not
been laid out, but it could possibly be part of the buffer area. Councilmember McGinnis stated he has
heard from other developments that they wish they had more of a buffer from commercial areas.
Assistant City Manager Morad Kabiri stated the property north of DR Horton's has pipelines that run '
through it.
Councilmember Enochs asked where the gun range falls, and Mr. Lindhorst answered it is to the north.
Councilmember Rockey stated when the MUD is done, the developer gets reimbursed for capital outlay,
asked should presume because of that the price of the house is lower. Mr. Boone stated if you look at
Houston versus Dallas area, in Dallas area you pay $50,000 more. Houses are cheaper here because
you are financing over 30 years with MUD bonds. Councilmember Rockey asked if Council does not
approve the MUD then would DR Horton Homes have to increase the value of the homes. Mr. Lindhorst
stated would have to increase the value so much that the project could not be done.
Councilmember Rockey stated the tax rate that residents would get is higher than the City taxes, these
residents will pay twice as much to live in the City of Friendswood.
Mayor Holland stated if a MUD is not done, a resident buys a house, the resident would save money by
paying the house off sooner, disagrees with statement regarding spreading the costs out over 30 years.
When cost was first presented to Council the cost was $33 Million and now is showing $44 Million. Mr.
Lindhorst stated the $33 Million was the hard cost, the soft cost was not in the number discussed at the
last meeting. Mayor Holland stated he did the math and got $44,000 per lot, asked if that makes it not
doable if a MUD was not done and just charged more for the house. Mr. Lindhorst answered the market
can only bear a certain cost for the homes and doubling the lot amount would make the project financially
not possible. Mr. Boone stated basically would have to price the homes outside the Houston price
market. Mayor Holland stated West Ranch has come to Council twice for an increase in the management
district. Mr. Boone stated the feedback he has heard was that West Ranch has been pretty successful.
Mayor Holland stated West Ranch has 1,540 lots, Georgetown is asking three to four times more than ,
what West Ranch requested. Mr. Lindhorst stated there has been a lot of changed since 2003. Mayor
Holland stated it seems exorbitant. Mr. Boone stated this is eight years later than when West Ranch
started, there has been a lot of inflation, built in inflation for the future since it will take several years to
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' build out, construction costs are increasing, built in inflation plus contingencies. Mr. Lindhorst stated
there is a major crossing of Dickinson Bayou, lower density, off-site water solution for the City, dedicating
the park to the City, will also have more drainage improvements and more drainage requirements. Othee
safeguard is that there is a cap for the max value that can be generated on the Georgetown project. DR
Horton Homes was tasked with showing you the reimbursable items, cannot get the value up to the $44
Million. Mr. Boone stated every time a district is done it is impossible to predict what the value will be 15
years out. Mayor Holland asked if DR Horton Homes was setting themselves up for failure by
overestimating, Mr. Lindhorst answered no and showed Council the total reimbursables that would be
eligible, if Council approves DR Horton Homes can work through numbers with Staff to fine tune. Mayo
Holland stated this is just not charging people more money to people that do not already live in
Friendswood, people that live in Friendswood currently can be affected and not just newcomers.
Councilmember Rockey stated the cost of lumber and steel is increasing but the MUD and money is not
for building houses but the upfront capital cost of the development. Mr. Boone stated the developer
advances the upfront cost, MUD will be reimbursing him, as costs go up the developer is advancing more
construction costs have gone up 20% from engineering estimates just in the last few months, as costs get
higher the developer is paying more for facilities and infrastructure.
Councilmember Scott stated the lot size will be an issue for him. Mr. Lindhorst stated financially DR
Horton Homes cannot make it work with less lots, have already decreased from original plan,.
Councilmember Scott stated he would have never approved for West Ranch to have 55 foot lots, what
attracts people to the Friendswood community is the bigger lot sizes.
Councilmember Gustafson asked what inflation rate was used as a basis for the numbers. A gentleman
from the audience stated 10 to 20% of life over the project. Councilmember Gustafson asked if there was
an anticipated interest rate for the bonds, and a lady from the audience stated 5 to 5.5%. Councilmember
' Gustafson stated he did a configuration of the numbers, is not in the business of building houses but
before he lived in Friendswood he understood there was a premium on a home in Friendswood because
of the quality of life, not sure he is buying that DR Horton Homes could not hit people with a premium to
live in this subdivision, nice subdivisions have been built here without MUDs. Mr. Lindhorst stated the
overall benefit if the City chooses to go forward with the project is the improvements to the water system,
parks, and others.
Mayor Holland stated he was shocked when he saw $44.4 Million, does want quality development in
Friendswood but to assume people will pay the price, is a hard pill to swallow, seems awfully expensive,
features and benefits are good but his math is telling him $8-$12 Million, need to defend people that are
not represented, asked what would the additional tax be on a $400,000 house, and Councilmember
Gustafson answered around $1,000 a year.
Mr. Boone stated the way the City of Friendswood has developed without MUDS is a big contrast, but in
Cinco Ranch and other locations people are waiting to live there, areas have exploded.
Mayor Holland stated it is based on prime location and Mr. Boone stated the proposed project is in a
fabulous location, and with all DR Horton Homes is trying to give the City with the park and water system.
Mr. Lindhorst stated the list of reimbursables is a maximum, City does not have to approve amount,
hoping the City found merit to go into negotiations and then come back and see if Council can approve.
Staff can negotiate and put a maximum cap on the reimbursables.
Councilmember Rockey asked if the action item later on the agenda was just to talk to Staff for
negotiations and then come back to Council for final approval. Mr. Boone stated he would like to get'a
feel from Council that they are willing to approve if numbers go down. Councilmember Rockey stated he
understands there will be a development down there some day but is concerned about lot size, will look
' like patio homes, not what is seen in other developments, building a trap for future residents that will not
want their taxes raised, does not like the density and a MUD is the wrong answer.
Mayor Holland asked what the Homeowner's Association (HOA) fees would be, and Mr. Lindhorst
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answered he does not have those figures but can get them. Mr. Lindhorst stated one way to look at the ,
district is a way for water improvements for the City.
Mr. Boone stated before anyone moves in they are provided a form that discloses all figures and must be
signed by the buyer.
Councilmember Rockey stated Council will hear complaints about the gun range in the future.
Councilmember McGinnis stated he has voiced general support for the project but does have concern
about the MUD issue, other subdivisions have been developed without a MUD, if Council approves then
residents have double the tax rate, next development will want one too, would like to continue discussions
and for them to speak to Staff.
Mayor Holland stated he has been involved in developments in the past, does not believe you have to
have a MUD to build houses, can pay it off, with a MUD District do not have that latitude, will take 30
years to pay off.
Mr. Boone stated on the average people move every seven years.
Councilmember Gustafson asked about assessed home value on a home in a MUD, has bought homes
in a MUD before and did not like it, this one is not as bad as the one he was stuck with at 1% tax rate.
Mr. Boone stated the advantage with the West Ranch model compared to a typical MUD is the cap on
developer reimbursements, the 65 cents tax cap, and the maturity restrictions, Friendswood negotiated
well in 2005-2006 to put in those restrictions.
Mr. Lindhorst stated he lives in a MUD and knew going in and chose that he would pay it to live where he
lives. '
Councilmember Enochs stated his concern was lot size, 83% of lots are under 90 feet, is not acceptable.
Mr. Lindhorst stated if enough of Council finds it is worth taking the next step to discuss with Staff, that
would be DR Horton Homes request, if Council is not comfortable with taking the next step then that is the
end of the project.
CLOSED EXECUTIVE SESSION
Mayor Holland asked if anyone would like to speak regarding the Executive Session. No one spoke.
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. (Horn et. al. vs. City of Friendswood and
Wight Realty Interests, Ltd. vs. City of Friendswood)
RECONVENE INTO OPEN SESSION
Council reconvened into Open Session with no action taken later in the meeting.
SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS
A representative from State Representative Greg Borman's office read and presented a resolution to K.C.
Rodger, Police Department Supervisor for receiving a lifesaving award from the City of Friendswood.
With concurrence of Council, Mayor Holland moved to Agenda Item 9, Communications from the Public. ,
COMMUNICATIONS FROM THE PUBLIC
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' Hoyt Sumner, Friendswood resident, addressed Council and stated he received a visit from the Code
Enforcement officer about an ornamental fence, passed around pictures, fence has been up since 1980!
is an ornament, not a fence, thinks the City should have some intelligent discrimination on what is a code
violation and what is not, cannot be black and white. Mayor Holland asked Assistant City Manager Morad
Kabiri to help Mr. Sumner.
Tammy Gardinor, Friendswood resident, addressed Council and stated she is Mr. Sumner's neighbor,
also has a fence that has been up for 11 years, does not go all the way to the street, is 80 inches from the
front of the house, 79 inches from driveway, does not obstruct public utilities, she also received a notice
on her fence.
I
With concurrence of Council, Mayor Holland moved to Agenda Item 8, 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 2.672 acres out of Tract 2F, Abstract 793, of August Whitlock Survey,
located at 2603 FM 528, Harris County, from Single Family Residential (SFR) to Planned Unit
Development (PUD) to allow NAICS Use No. 22112 Electric Power Transmission, Control, and
Distribution, to accommodate the existing electric station; and to allow NAICS Use No. 513 Broadcasting
and Telecommunications, to accommodate the existing tower and permit the construction of an additional
tower.
Planning Manager Nick Haby explained the item, applicants are requesting a zone change in order to
allow for use of an electric transmission station and a new 180 foot tower. Applicant from CenterPoint
' spoke from the audience and stated he is not sure how tall the current tower is but believes it will be
taller. City Manager Roger Roecker stated the current tower is 120 feet.
Planning and Zoning Commission Chair Mark McLean asked if anyone would like to speak in favor of 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 Zane Classification change
request for a tract of land containing 400 square foot area; out of Restricted Reserve A of Friendswood
Square Subdivision located at 112 W. Edgewood Drive, Galveston County, from Community Shopping
Center(CSC) to Community Shopping Center—Specific Use Permit(CSC-SUP) to allow NAICS Use No.
454 Non-store retailers.
Planning Manager Nick Haby explained the item, located in New Hope Church parking lot, is a pad site in
the parking lot zoned CSC, is a vending machine for water and ice.
Planning and Zoning Commission Chair Mark McLean asked if anyone would like to speak in favor or in
apposition 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.'
I
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 .1063 acres out of a portion of Lot 9, Block 2, Friendswood
Subdivision located at 111 E. Willowick Avenue, Galveston County, from Downtown District (DD) to
Planned Unit Development(PUD)to allow NAICS Use No. 513 Broadcasting and Telecommunications.
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Planning Manager Nick Haby explained the item, is a request from Crown Castle to add a new co-locator, '
in order to expand and add two buildings to the site.
Mayor Holland asked if there is an existing fence and Crown Castle is trying to make it bigger, and Mr.
Haby answered yes, to accommodate the new buildings being put on the property.
Planning and Zoning Commission Chair Mark McLean asked if anyone would like to speak in favor or in
opposition of the request.
Nancy Stiles stated she owns a piece of property close to this location, is huge, unsightly and ugly. Is
shocking the City would allow a tower in the middle of downtown, notices it when you drive down the
street, is all commercial property with the potential to be developed, please do not allow it to be put there.
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 10, Communications from
Committees and Special Reports.
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
Fourth of July Steering Committee Chair Anthony Scarpa presented the annual report and stated this
year's parade is the 118th annual, with entertainment, food and fun. The theme is"You're a Grand Old
Flag". The parade will begin at 10:00 AM. The Cities' past Mayors will be honored as the Grand
Marshalls, the band will be the Zydeco Dots along with other performers during the day, will have at least ,
50 booths with food and activities, the evening program will take place at 7:30 PM at Centennial Park,
fireworks will be at approximately 9:20 PM, will have a shuttle for the evening program from Clear Brook
High School to Friendswood High School. Chair Scarpa listed all members of the 4th of July Steering
Committee, and thanked the Community Services Department for all the help they provide.
CITY MANAGER'S REPORT
City Manager Roger Roecker reported the City is proud to recognize Friendswood Police Officer Jeremy
Epp as the recipient of the Fifty Club Officer of the Year Award for outstanding law enforcement efforts
while serving during 2013. Officer Epp is a six year veteran of law enforcement. Officer Epp joined the
Friendswood Police Department in 2007 where he quickly earned the respect of his coworkers and
supervisors. Officer Epp has worked in the patrol division during his entire tenure with the Friendswood
Police Department and is currently assigned as a Field Training Officer, DWI Breath Test Operator, Drug
Recognition Expert and SWAT team member on the evening shift patrol. Officer Epp holds an
Intermediate Peace Officer certificate, and graduated from Auburn University with a Bachelor Degree in
Criminal Justice.
The City Manager reported the City of Friendswood's Public Works Division recently received its
Consumer Confidence Report (CCR) from the Texas Commission on Environmental Quality (TCEQ) to
deliver to its customers. The CCR is the centerpiece of the public's "right to know" and is required by the
1996 State Drinking Water Act amendments. The report, which is required by the United States
Environmental Protection Agency (EPA), shows that the City meets or exceeds all EPA drinking water
requirements. The CCR includes information on the City's water source, on regulated and unregulated
contaminants found in its drinking water, information regarding drinking water violations and special
health effects language provided by the EPA. The United States EPA requires testing of the water
system for at least 97 possible constituents. The report is designed to inform citizens and help them '
become more knowledgeable about what is in the water they are drinking. In addition to the CCR and the
drought contingency plan, the City has adopted a water conservation plan in order to conserve the
available water supply and protect the integrity of water supply facilities. The plan was adopted with
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' particular regard for domestic water use, sanitation, fire protection, and the protection and preservation of
public health, welfare and safety. It is designed to minimize the adverse effects and impact of water
supply shortage and other water supply emergency conditions. The public is asked to practice water
conservation to help the City achieve the goals set. The citizens of Friendswood obtain drinking water,
from two sources. The City's surface water is purchased from the City of Houston. The surface water
plant receives its raw water from Lake Livingston and the Trinity River. The City's ground water is
obtained from six water wells which draw water from the Gulf Coast Aquifer at a minimum depth of 600
feet. Each water customer within the City can expect a complete copy of the CCR with their water utility
bill. In addition, the report will also be available for viewing online by visiting www.friendswood.com. For
additional information about the report, contact the City of Friendswood's Public Works Department.
The City Manager reported that the City would like to thank Steve Baker, Dennis Bettison and Karen
Renfrow for their service. Mr. Baker and Mr. Bettison have served in part-time positions as prosecutors
for the City's Municipal Court for almost 22 years. In addition Ms. Renfrow, the City Municipal Court
Administrator, is retiring this month after almost 16 years of service to the City. The City Manager wished
them all the very best in their future endeavors.
The City Manager reported the City of Friendswood and Friendswood Rotary Club are proud to announce
the 2013 Movies in the Park series at the Evelyn B. Newman Amphitheater. The movies series, which
begins July 121h and runs through August 16th has become a fun way for families to spend a Friday,
evening. Local businesses generously sponsoring each movie night include HomeTown Bank of
Friendswood, POPSTAR Performers, Allstate Insurance Agent Joyce Tolliver, Keep Friendswood
Beautiful, Justin's Seafood, and Space City Futbol Club. Thanks to the sponsors, all movies will be free
and shown in Blue-Ray format. The July 12th movie sponsored by HomeTown Bank will be shown at the
Friendswood City Pool as a Dive-In-Movie. Admission is free and movies begin shortly after dusk.
Everyone is encouraged to bring their blankets, lawn chairs, refreshments, dinner and/or a snack and sit
' back and enjoy an evening of fun and family entertainment.
ACTION ITEMS
**Councilmember Scott moved to discuss directing Staff concerning the creation of the Georgetown
project financing district.
Seconded by Councilmember McGinnis.
Councilmember Hill recused himself for a conflict of interest.
Mayor, Council, Staff, and Chris Lindhorst with DR Horton Homes held a lengthy discussion regarding
negotiations moving forward with the Georgetown development, lot size needs to be addressed ih
negotiations, and Council can discuss taxing districts at the upcoming Council retreat.
***Councilmember Scott amended the motion to give Staff direction as it relates to DR Horton Homes
application to move forward.
Seconded by Councilmember McGinnis. The amended motion was approved 6-0 with Councilmember
Hill recusing himself.
**Councilmember Rockey moved to discuss approving Progressive Waste Solutions' request for a rate
adjustment.
Seconded by Councilmember McGinnis. The motion was approved unanimously.
Administrative Services Director Cindy Edge stated as part of the Cities' contract with Progressive Waste
Solutions the vendor can request a rate adjustment for the Consumer Price Index (CPI) and fuel cost.
Total request is 2.24%, for a single family residential home the increase would be$.33 a month.
' **Councilmember Scott moved to approve Progressive Waste Solutions' request for a rate adjustment.
Seconded by Councilmember Rockey. The motion was approved unanimously.
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**Councilmember McGinnis moved to approve the appointment of Marcus Perry to fill a vacancy of an '
unexpired term on the Community and Economic Development Committee with a term to expire July
2015.
Seconded by Councilmember Rockey. The motion was approved unanimously.
**Councilmember Scott moved to approve the appointment of Rufino Ramirez and Judy De Alejandro to
fill a vacancy of an unexpired term on the 4th of July Steering Committee with terms to expire in November
2013.
Seconded by Councilmember Enochs. The motion was approved unanimously.
RESOLUTION
**Councilmember Hill moved to approve Resolution No. R2013-07—A joint resolution of the City Council
of the City of Friendswood and the Board of Trustees of the Friendswood Independent School District
providing for a Cooperative Comprehensive Emergency Management Plan.
Seconded by Councilmember Rockey. The motion was approved unanimously.
ORDINANCES
**Councilmember Scott moved to approve the First and Final reading of Ordinance No. 2013-20 — 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 XI" to the "Original General Budget of the City of
Friendswood, Texas, for the Fiscal Year 2012-2013"; providing for supplemental appropriation and/or
transfer of certain funds; providing for severability; and providing other matters related to the subject.
Seconded by Councilmember Hill. The motion was approved unanimously.
**Councilmember Hill moved to approve the First reading of Ordinance No. T2013-21 — An ordinance '
amending Chapter 58 of the Code of Ordinances of the City of Friendswood, Texas, to provide for
consistency with State laws governing the possession of firearms within City parks; and providing for
severability.
Seconded by Councilmember McGinnis. The motion was approved unanimously.
Mayor, Council, and Staff held a discussion regarding that firearms can be carried per the state
legislature if a person has a Concealed Carry License, but it is illegal to discharge a firearm randomly.
Signs have been changed in Renwick and Centennial Parks. If the motion is not approved the State law
would supersede.
With concurrence of Council, Mayor Holland moved to Agenda Item 18, Communications from the Mayor
and Councilmembers.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Rockey reported on his trip to Washington, DC, with Bay Area Houston Economic
Partnership (BAHEP) to promote the space program, the group talked to the offices of 400 Congress and
Senate members, his group talked to representatives from California, a lot of walking during the trip,
attended Memorial Day ceremony in Friendswood, event is spectacular.
Councilmember Enochs thanked Mayor Holland and City Manager Roger Roecker for the Memorial Day
ceremony, is becoming one of his favorite events in the City next to the 4th of July event.
Councilmember Hill stated he attended the Memorial Day ceremony as well, thanked former
Councilmember Leslie Reid for starting this project and former Councilmember Jay Horecky for building '
the flag memorial. He also thanked the Fire Department for what they do especially in light of the recent
tragedy at the City of Houston Fire Department, has become close to the Fire Department, there is always
the potential for a firefighter to not return home from their duty, need to remember to thank the firefighters
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when they are seen out in the community.
Councilmember McGinnis stated he concurred with his fellow Councilmembers.
Councilmember Scott stated he concurred with his fellow councilmembers as well, missed the May 20,
2013, Council meeting and congratulated Councilmembers McGinnis and Gustafson, looks forward to
serving on Council with them.
Councilmember Gustafson stated he had no report.
Mayor Holland stated he was extremely honored to be part of the Memorial Day ceremony, walking
around the crowd and thanking those guys for their service was powerful to him. His father was career
military, they stand in front of us in all lines of service, has the deepest gratitude. He further stated that a
friend was having a funeral for his wife, and expressed condolences to the family.
CONSENT AGENDA
'*Councilmember Scott moved to approve all items on the Consent Agenda as presented: A. Authorizing
the Mayor to execute a contract with Hill Sand Company for debris management services for emergency
management purposes. B. Authorizing the Mayor to execute an amendment to the contract with
Progressive Waste Solutions to include debris management services for emergency management
purposes. C. Authorizing the final acceptance of public paving and utility improvements associated with
the West Ranch Enclave at Lakeside project, and releasing the contractor from the one-year maintenance
period. D. Approving an agreement with the YMCA for use of the Sesquicentennial Swimming Pool. E!
Accepting the April 2013 Property Tax Report.
Seconded by Councilmember Rockey. The motion was approved unanimously.
' Councilmember McGinnis asked if Councilmember Hill would be recusing himself from Consent Agenda
Item A, and Councilmember Hill stated he has no interest in Hill Sand Company and does not receive
income from the company.
Planning Manager Nick Haby reported the Planning and Zoning Commission vote for Agenda Item 17 E,
rezoning for 1101 E. Willowick was a unanimous approval. Mr. Haby stated the vote for Agenda Item 17
D, rezoning for 2603 FM 528 was a unanimous approval.
With concurrence of Council, Mayor Holland moved to Agenda Item 17 D, Ordinance No. T2013-23.
ORDINANCES
**Councilmember Hill moved to approve the First reading of Ordinance No. T2013-23 — 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 property generally described
as 2603 FM 528, a 2.672 acre tract out of Tract 2F, Abstract 793, August Whitlock Survey, Harris County)
Friendswood, Texas, from Single Family Residential Dwelling District (SFR) to a Planned Unit
Development (PUD); to allow NAICS Use No. 22112 Electric Power Transmission, Control, and
Distribution, to accommodate the existing electric station; to allow NAICS Use No. 513 Broadcasting and
Telecommunications, to accommodate the existing tower and permit the construction of an additional
tower, pursuant to the attached site plan; 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 4-3 with Councilmembers Rockey,
Scott, and Gustafson opposed.
' Mayor, Council, and Staff held a discussion regarding concern about the size of the proposed tower and
residents being notified properly.
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**Councilmember Rockey moved to approve the First reading of an Ordinance No. T2013-24 — 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 property, generally
described as 111 E. Willowick Avenue, a tract of land consisting of .1063 acres (4,632 sq. ft.), being a
portion of Lot 9, Block 2, Friendswood Subdivision out of the Sarah McKissick Survey, Abstract 151, as
recorded in Volume 254-A, Page 18, G.C.M.R., Galveston County, Texas, "Downtown District" (DID) to
"Planned Unit Development" (PUD); to allow NAICS Use No. 513 "Broadcasting and
Telecommunications;" to accommodate the existing tower and to permit the addition of new antennas and
associated equipment onto the existing tower and expansion of the site for such purposes pursuant to the
attached site plan; providing for an amendment of the City's Official Zoning Map; providing for a penalty in
an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for
severability.
Seconded by Councilmember Hill. The motion was approved unanimously.
Mayor, Council, and Staff held a discussion regarding a new antenna being installed to the existing tower
and this will improve cellular service in the City of Friendswood.
Planning Manager Nick Haby reported the Planning and Zoning Commission vote for Agenda Item 17 C,
rezoning for 112 West Edgewood Drive failed with a vote of 3-3.
With concurrence from Council, Mayor Holland moved to Agenda Item 17 C, Ordinance No. T2013-22.
**Councilmember Rockey moved to approve the First reading of Ordinance No. T2013-22—An ordinance
amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C — "Zoning," by
amending the zoning classification for 112 W. Edgewood Drive, a 400 square foot area out of Restricted
Reserve A of the Friendswood Square Subdivision plat, as recorded under Volume 2005A, Page 62 of
the map records of Galveston County, located in the Perry and Austin Lower League, Galveston County, '
Texas; rezoning such property from "Community Shopping Center" (CSC) to "Community Shopping
Center—Specific Use Permit" (CSC-SUP) to allow NAICS Use No. 454, Non-store retailers; 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 Scott. The motion was approved 6-1 with Mayor Holland opposed.
Mayor, Council, and Staff held a discussion regarding the Planning and Zoning Commission's controversy
being the parking ratio.
Mayor Holland closed Council's portion of the Joint Public Hearing.
The meeting was adjourned at 8:51 PM.
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