HomeMy WebLinkAboutCC Minutes 2013-11-04 Regular 11/04/13 4216
STATE OF TEXAS )(
' CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
NOVEMBER 04, 2013 )(
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, NOVEMBER 04, 2013, AT 5:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS,
910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENTI
CONSTITUTING A QUORUM:
MAYOR KEVIN HOLLAND
MAYOR PRO-TEM BILLY ENOCHS
COUNCILMEMBER STEVE ROCKEY
COUNCILMEMBER JIM HILL
COUNCILMEMBER JOHN SCOTT
COUNCILMEMBER CARL GUSTAFSON
CITY ATTORNEY ARNOLD POLANCO
CITY MANAGER ROGER ROECKER
CITY SECRETARY MELINDA WELSH
Councilmember McGinnis was absent from the meeting.
REGULAR SESSION
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Mayor Holland called the meeting to order.
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' The invocation was given by Father Geoffrey Gwynne with Good Shepherd Episcopal Church.
Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas.
COMMUNICATIONS FROM THE PUBLIC
Mayor Holland asked if anyone would like to speak. No one spoke.
WORK SESSION
Mayor Holland opened the discussion regarding a request for a fifth bond issuance from West RanG6
Management District (WRMD). Assistant City Manager Morad Kabiri stated there was no action taken at
the last Council meeting, gave history on the 2005 Utility Services agreement, is the fifth request, is within
agreement, explained data provided to Council.
Discussion took place between Mayor, Council, and Staff regarding the total amount of bonds including
the requested amount, would be $27.4 Million, expect to declare $28 Million, do have the ability to issue
$3.5 Million additional bonds, future bond request can be issued in smaller bond amounts or can wait a
while and issue the total balance, would save on issuance cost, there is nothing in place to incentivize
waiting to do a large bond issuance to save on issuance cost. Councilmember Hill clarified the request is
for funding on improvements that have already been put in place. Mayor Holland asked if WRMD bonds
would affect the City's bond rating if not wrapped up soon. City Manager Roger Roecker answered the
City needs to plan (if bond election is successful), need to coordinate with WRMD and maintain full
flexibility. Further discussion was held regarding if the tax rate would be raised with additional debt,
limited to the amount of debt that can be issued, there are a lot more houses to put on the ground, will
add more value, currently at the maximum tax rate of .65 cents. David Smallings with RBC Capital
' Markets stated the cash flow spreadsheet provided to Council was prepared by his office, based on no
assessed value growth, value on the ground since August 15, any future bond issuance would be
dependent on value. Councilmember Rockey asked what is done if there is excess revenue, and Mr.
Smallings answered once the project is capped the tax rates would be lowered as long as there were
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sufficient funds to service the debt and operate the district.
Mayor Holland opened the discussion regarding an update to the City's User Fee Schedule. '
Administrative Services Director Cindy Edge stated Staff has wanted to do this for a while, to combine all
fees into one ordinance.
Planning Manager Nick Haby discussed the Community Development Department's proposed fee change
to Building and Sign Permit fee changes. It is proposed to remove fees for duplicate electrician's license
and add building permit fees for total valuation of$1,000 or less. The proposed changes are intended to
establish sign permitting fees equal to current building permit fees and add fees for portable and
temporary signs. The proposed changes to Business fees are intended to transfer outdoor sales and
special events permits to Appendix C and remove unenforced manufactured homes and trailers permit
fees.
Discussion was held between Mayor, Council, and Staff regarding why manufactured homes and trailer
permit fees would be waived since there are trailer parks in the City of Friendswocd, would be a policy
decision, no cost associated with reviewing any of these permits, there was a fee schedule established in
the past but fees have not been collected, had to do with notification, no idea when units were moving in
and out, suggested to charge amount annually, would have to determine who was to pay, owner of
property or owner of lot, can pursue if needed, could cause a conflict between property owner and mobile
home owner.
Administrative Services Deputy Director Katina Hampton discussed the Administrative Services
Department's proposed fee changes. Those proposed changes are intended to cover the administrative
and operating cost of providing services and to keep pace with neighboring municipalities. One of the
proposed changes is the Utility Fee.
Discussion was held between Mayor, Council, and Staff regarding fees, have not been looked at in over '
seven years, have repeat offenders for disconnect fees, have 65 to 70 bounced checks a year, there is a
late payment fee of 10% administrative fee, City-wide impact fees such as residential and commercial
related to Capital Improvements Plan which was established by Ordinance No. 2013-35 and adopted
October 7, 2013. Mayor Holland thanked the Administrative Services Department for same-day service
connection and for thinking outside the box
Community Services Director James Toney discussed the Community Service Department's proposed
fee changes which are intended to make facility rental fees for groups equal to resident and non-resident
rental fees (Stevenson, Centennial and Old City Parks). The changes are intended to cover the
administrative and operating costs of providing services and to keep pace with neighboring municipalities.
Discussion was held between Mayor, Council, and Staff regarding deposits, would only not be returned if
damage to facilities, cleanup fee at Jones Hangar at Leavesley Park is due to hangar not getting cleaned
up, is a weekend problem, $250 would cover cleanup cost, non-profit groups discounted, fees charged for
parties at the pool, and 10%fee for lessons in the park or pool for individuals that charge students.
Mayor Holland opened the discussion with DR Horton Homes, Inc., regarding the phasing plan for the
Georgetown residential development. Assistant City Manager Morad Kabiri explained the history and had
a handout for Council. DR Horton Homes, Inc., has substantially revised their land plan to develop 569,
90-foot by 130-foot lots and their financing model to develop the property in phases without a special
financing district. Highlights on their proposal still include the acquisition of land for future parks, the
developer still would like to enter into a cost-sharing agreement with the City for the installation of off-site
water improvements that would allow for the project to move forward while benefitting the southern
reaches of the City's system. In the proposed cost-sharing agreement, the City would reimburse impact
fees collected for water and sewer connections or any other revenue streams Council approved to fund '
the City's portion of the off-site water improvements necessary in the southern portion of the City. The
City would reimburse Parkland Dedication fees, building permit fees, and any other revenue stream
approved by Council to potentially pay for the acquisition of approximately 16 acres for a public park site.
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Staff is seeking direction from Council regarding any further pursuit of this project in the manner in which
' development costs would be shared.
Discussion was held between Mayor, Council, and Staff regarding the amount of fees reimbursed,
equates to $1.8 Million, would come out of the Water and Sewer Fund, would require Council approval,
City has not seen a water model as yet, there will be 589 lots, Staff and developer are seeking direction
from Council to see if there is interest in working with the developer on a cost-sharing agreement.
Consensus from Council was that DR Horton had met all objections Council previously voiced, Staff
should move forward and bring back to Council at a later date.
ACTION ITEMS
**Councilmember Hill moved to approve suspending Rule 16 of the Council Rules of Procedure toi
rearrange the order of business as follows:
A. Annual report from Friendswood Historical Society President Ann Whitaker.
B. Discussion and possible action regarding approval of a contract with Friendswood Historical Society)
in the amount of $15,000 for the maintenance and preservation of historical sites in the City and
authorizing the Mayor to execute the contract.
C. Resolution R2013-18: A resolution of the City Council of the City of Friendswood, Texas, naming
Joycina Baker the Official Historian of Friendswood, extending the City's appreciation for her service and,
devotion to the community.
Seconded by Councilmember Scott. The motion to suspend the rules was approved 6-0.
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
Friendswood Historical Society President Ann Whitaker gave the annual report. The Historical Society,
' continues to make it their mission to preserve and share the history and heritage of Friendswood, provide
docents every Saturday at both museums and upon special request, welcomes third graders from
Friendswood Independent School District (FISD) to visit for group tours, and welcomes the opportunity to
take "trunk shows" to the second graders of FISD. Mrs. Whitaker announced the third annual Histor
Ween event was a success, several student organizations at Friendswood High School and lots of
volunteers from the Junior High organized the Spook House, served as guides for the evening, and
helped in general areas needed, able to give back proceeds to the respective clubs that participated. The
Historical Society also sponsors the Christmas tree lighting at the Frank J. Brown Museum, will have a
youth choir for entertainment, gingerbread and wassail will be served. The Historical Society provides
upkeep for the museums and historical buildings. This year the society purchased a computer and also
purchased a short video program at the Frank J. Brown museum which they believe will be helpful to
those persons who are unable to climb stairs. Mrs. Whitaker thanked the students who have shown
much interest in the history of Friendswood, community for their support, and financial aid given to the
society from the City. Without the financial support of the City the society's work to maintain the
museums for future generations would not be possible.
ACTION ITEMS
**Councilmember Rockey moved to approve a contract with Friendswood Historical Society for
maintenance and preservation of historical sites in the City and authorizing the Mayor to execute the
contract and approving the budgeted amount of$15,000.
Seconded by Councilmember Hill. The motion was approved 6-0.
RESOLUTION
**Councilmember Rockey moved to approve Resolution No. R2013-18 -A resolution of the City Council
' of the City of Friendswood, Texas, naming Joycina Baker the Official Historian of Friendswood, extending
the City's appreciation for her service and devotion to the community.
Seconded by Mayor Holland. The motion was approved 6-0.
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Mayor Holland read the resolution in its entirety to Ms. Baker.
Mrs. Baker stated she is honored and humbled, loves what she does, and thanked Council for the '
recognition.
Councilmember Rockey stated the Historical Society would host a reception for Mrs. Baker in the foyer of
City Hall, would provide cake and punch for the reception.
Mayor Holland recessed the meeting at 6:13 PM and reconvened the meeting at 7:00 PM.
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 vacation of .109 acre (4,752
square feet), 8 feet of a 16-foot utility easement located at 402, 404, 406, 408, 410, and 412 Fallow Lane
being out of and a part of Lots 1, 2, 3, 4, 5 and 6, Block 1, Corrected Plat of The Orchard, Friendswood,
Galveston County, Texas.
Planning and Zoning Commission Chair McLean asked if anyone would like to speak in favor of the
request.
Christian Offenburger stated he performed the survey, landowners want to build swimming pools, and he
received no objection letters.
Planning and Zoning Commission Chair McLean asked if anyone would like to speak in opposition of the
request. No one spoke.
Planning and Zoning Commission Chair McLean adjourned the Planning and Zoning Commission's '
portion of the Joint Public Hearing. Mayor Holland left Council's portion of the Joint Public Hearing open.
Mayor Holland and Planning and Zoning Commission Chair Mark McLean called a Joint Public Hearing to
order to receive comments from the public, both oral and written, regarding amending Appendix C,
Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to Section
7.P.2, Permitted Use Table, to amend NAICS Use No. 6244 regarding Child Care Services.
Planning and Zoning Commission Chair 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 McLean adjourned the Planning and Zoning Commission's
portion of the Joint Public Hearing. Mayor Holland left Council's portion of the Joint Public Hearing open.
Mayor Holland and Planning and Zoning Commission Chair Mark McLean called a Joint Public Hearing to
order to receive comments from the public, both oral and written, regarding amending Appendix C,
Zoning Ordinance of the City of Friendswood Code of Ordinances regarding amendments to Section 20.
Definitions to amend G. Child Care Center, to add definitions of Registered and Licensed Child Care
Homes, and to amend P. Home Occupation.
Planning and Zoning Commission Chair 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 to the Executive Conference Room. Mayor Holland left Council's
portion of the Joint Public Hearing open. '
COMMUNICATIONS FROM THE PUBLIC
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Sharon Butler, Friendswood resident, addressed Council and stated she is opposed to building the
pedestrian bridge from Winding Way to Stevenson Park, original plan was from park to park and need to
stick to that plan, is president of the association of Hidden Cove Condominiums, several elderly people
live in the condominiums, will open up safety problems, need to rethink, will do nothing but hurt people,
and do not need to be putting people through the heartache the bridge is causing.
Janis Lowe, Friendswood resident, addressed Council and stated she would like to comment on Agenda
Item 13, zone change for Whitcomb property, gave a history on the property, in favor of this development.
Would be a mistake to not allow the contract to go through, proposal ensures the City of 13 acres of
commercial development, if contract does not go through the bank will sell the property to someone!
could be a nonprofit group, all sales tax revenue would be lost. The Community and Economic
Development Committee's (CEDC) comments on the project are flawed, the 135 acre property would
have already been developed if this piece of property was the most developable piece of property in the'
City, over half of the property is located in the floodway, big box stores are located in all surrounding
areas of Friendswood, and 67 acres of commercial development is attainable. The proposed plan;
presents 80% residential and 20% commercial, provides a chance for restaurants, office buildings, and
possible retail stores.
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Thomas Hill, Friendswood resident, addressed Council and stated he has lived for many years in Hidden
Cove Condominiums, opposed to the footbridge from the park.
Gayle Broome, Friendswood resident, addressed Council and stated she lives in Hidden Cove
Condominiums and would appreciate having a footbridge to the park,would improve her quality of life.
Pat Grissom, Friendswood resident, addressed Council and stated he has lived in Hidden Cove
Condominiums for many years, walks often, has to dodge traffic, idea of a bridge is appealing, would be
' an asset, is in favor of the footbridge.
Jocelyn McDowell, Friendswood resident, addressed Council and stated she is a recent resident of
Hidden Cove Condominiums, would like to know if parking would be restricted, concerned with lighting
and security.
Jim Foreman, Friendswood resident, addressed Council and stated he would like to comment on the
Farmers Market ordinance on the agenda, is here to beat down the door with over 1,000 signatures
petition, is hoping to do a market twice a month instead of once a month, can compromise and can push
for additional changes later.
George Jones, broker representing the Whitcomb property developer, addressed Council and stated
development is important, in 2006 there was a plan made that touted putting a hotel on Spring Creek
Drive and an amphitheater in the floodway which is not possible, creates dilemma for the bank, have
offered since 2009, have had interest but no contracts, showed the undevelopable portion of the property,
that is in the 100 year flood plain.
Jeff Anderson with Beazer Homes addressed Council and stated has Whitcomb property under contract,
wanted to reiterate that this zoning is highest and best use and will attract commercial development, can
talk about big dreams of the entire property being retail, plan is real and can be implemented. Council
should have received a land plan and two tax revenue scenarios this week, can see over the next 30
years will generate more tax revenue if the tract develops as is instead of 100% commercial, if buyer fdr
commercial was out there the bank would have sold it a long time ago.
David Kernan, Friendswood resident, addressed Council and stated he lives in Hidden Cove
Condominiums, is against the footbridge, why not develop by the Cake Lady area, start at south side
' only.
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
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Friendswood Chamber of Commerce Chairman Bill Provenzano gave the annual report and stated the
Chamber is a vital part of the community. The Chamber partners with the City to enhance the community, '
provides informational services to the community on a daily basis, primary role is to help new businesses
get acclimated to the opportunities that the City has to offer and help existing businesses with networking
opportunities to grow their businesses. There is always something going on at the Chamber, for
example, it could be a monthly Chamber luncheon, a monthly networking breakfast, a party on the patio,
the State of the City Address partnering with the City of Friendswood, the honors luncheon partnering
with Friendswood Independent School District (FISD) and Clear Creek Independent School District
(CCISD), member appreciation luncheon, Halloween in the Park was well attended, partners with the City
of Friendswood on the Broker Developer Golf Tournament, the Fig Festival and car show, the Fourth of
July raffle, the Christmas lighted day parade is growing each year, and the Annual Chairman's Gala to
end the year. The Chamber hosted a new event this year which was the Community Award luncheon,
asked the public for nominations for people who had done something extraordinary. The Chamber relies
on the funds the City of Friendswood generously provides each year which provides the opportunity to
help promote businesses and good value community events that are family oriented. Mr. Provenzano
stated he has been the Chamber of Commerce Chairman for the last three out of four years, Robert
Rhineheart will become Chairman as of January 1, 2014, looking forward to his leadership, acknowledged
the Chamber of Commerce Board of Directors by asking them to stand, thanked the board for their time
and dedication, and thanked Friendswood Chamber of Commerce President Carol Marcantel,
Friendswood Chamber of Commerce Events Coordinator Lucy Woltz, and Friendswood Chamber of
Commerce Administrative Assistant Diane Hass. Mr. Provenzano stated on behalf of the Board of
Directors, the Chamber of Commerce looks forward to continuing the relationship with the City of
Friendswood, and to have an active Chamber that promotes businesses and provides the community with
quality events, thanked Council for their support and the Friendswood Police Department for keeping all
the events safe.
CITY MANAGER'S REPORT
City Manager Roger Roecker reported Wednesday, November 6, 2013, the Friendswood Senior Citizen '
Program along with AT&T Pioneers will be sponsoring the Fourth Annual Veterans Day Luncheon. The
event will be held at Jones Hangar in Leavesley Park. Highlights will include veterans speaking about
their military service, patriotic songs, and prayers for those who have served to protect us. There is no
charge and all are welcome to attend.
The City Manager reported the Community Services/Parks and Recreation Department will be hosting the
annual Holiday Hustle 5K Fun Run/Walk and Kid's K on Saturday, December 7, 2013. The event will be
held at Stevenson Park, 1100 S. Friendswood Drive and is open to all ages. All 5K runners will be chip
timed. Runners receive a trophy for top female and top male in each age group, plus overall male and
female. All walkers and Kid's K participants will receive a ribbon. Door prizes will be given away to a
lucky few and a pancake breakfast will also be served for all participants. A portion of the proceeds
from this event will go to the Laura Recovery Center Foundation in Friendswood as well as for park
improvements.
The City Manager reported the Police Department participates in a local area consortium using OSSI
Public Safety software known as GRID (Gulf Regional Information Database). This system is hosted by
the City of League City. Last year, the City of League City requested that participating cities begin to
share in the expense of hosting this system. Before agreeing to this, the City of Friendswood did its due
diligence and researched all available options including finding a new host partner or operating their own
system. It was found that it was still most cost effective to stay with the League City group and pay to
help support the system. There were some weaknesses in the system that needed to be addressed, the
single fiber optic cable connection to the system being one of the major weaknesses. To resolve this, the
provider of the fiber optic line, Phonoscope, agreed to build a redundant connection and redundant path
from the City of Friendswood to the GRID system at no additional monthly cost if the City of Friendswood '
would agree to a five-year commitment and pay a one-time aid-to-construction cost of$10,353. This was
approved by Council at the April 1, 2013, meeting, and the budget amendment to appropriate the funds
was approved at the May 6, 2013, meeting. The project began June 17, 2013, with site surveys and
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construction of the line is now complete. The final cutover was made on Wednesday October 30, 2013.
' At that time, there was no interruption in service, the project is now 100 percent complete. What this
redundancy means to the Police Department is that if there is a fiber optic line break between the City off
Friendswood and the GRID System, there is a backup connection in place to automatically and
seamlessly carry network traffic, greatly reducing the possibility of down time for the Public Safety
systems.
The City Manager reported on October 19, 2013, the Community Services Staff along with Keep
Friendswood Beautiful (KFB) teamed up with Friendswood Friends Church for a Stevenson Park
revitalization project. Roughly 50 members from Friendswood Friends Church, three Community
Services staff members and three KFB members participated in the event. Mulching of the flower beds
power washing, adding crushed granite to the jogging track and trash pick-up were just a few items
performed. The event was a huge success and the City especially wanted to extend their appreciation to
the Friendswood Friends Church members who provided the day of service to the community.
ACTION ITEMS
**Councilmember Rockey moved to approve a contract with the Friendswood Chamber of Commerce for
economic development services and authorizing the Mayor to execute the contract in the amount of
$20,000. '
Seconded by Councilmember Hill. The motion was approved 5-1 with Councilmember Gustafson
opposed.
Councilmember Gustafson stated he thinks the Chamber of Commerce does good work and is a good
organization, how does the City measure value, made sense to do many years ago when Friendswood
was smaller, have a Community and Economic Development Department, a website, seems to be an
' overlap, asked what is the Chamber of Commerce doing for the City, and do other cities pay for these
services. Economic Development Coordinator Karen Capps stated many cities do partner with their local
Chamber of Commerce, local Chamber is a business organization that puts on events that the City could
not do on their own, and each community has a different relationship with their local Chamber of
Commerce. Councilmember Gustafson stated he feels it is a large amount of money, when it was
originally set up in 1993, Friendswood was a smaller City and has grown.
**Councilmember Scott moved to approve an agreement with Water Resources Management, LLC, for a
Utility Rate Study.
Seconded by Councilmember Rockey. The motion was approved 6-0.
**Councilmember Rockey moved to approve the negative recommendation from the Planning and Zoning
Commission regarding a zone change request for 135.778 acres at 3801 FM 528 (Whitcomb Property)
(No action taken October 7, 2013).
Seconded by Mayor Holland. The motion failed 3-3 with Councilmembers Enochs, Hill, and Scott
opposed.
Mayor, Council, and Staff held a lengthy discussion regarding the negative recommendation from the
Planning and Zoning Commission regarding a zone change request for 135.778 acres at 3801 FM 528
(Whitcomb Property). The bank owns the property and currently has a buyer, has an earnest money
contract, would like to put homes on the property. The Planning and Zoning Commission (P&Z) and the
Community and Economic Development Committee (CEDC) have recommended to not rezone the
property to residential in the hopes that a commercial property will develop. The proposed development
would be larger lot homes, if Council decides not to allow the rezoning basically stating the City is holding
out for a large commercial development. Councilmember Rockey stated he respects P&Z and CEDC's
recommendation, but the City has to take some responsibility, ownership, and accountability, property
' has been there for 10 years undeveloped, how long would it be before a large developer shows interest,
asked Community Economic Coordinator Karen Capps what type of developers have contacted the City
regarding the property, and how long does she think it would take before the City could get a large
developer. Ms. Capps gave a history of the property, was rezoned as a Planned Unit Development
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(PUD) with a Mixed Use Plan, cannot be developed the way it is currently zoned, have always tried to
achieve commercial development for this piece of property, once the PUD was approved it was then '
bought by a California company and it was foreclosed on. After foreclosure the bank was originally
asking $5 Million in 2009, economy went bad, could not get end users on property, hired a broker in 2010
and asking price went up to $6.5 Million, the whole year of 2013 the property has been under contract,
since price has gone down there have been local commercial developers interested in the property. Ms.
Capps further stated she had two meetings on the property at a conference she attended, there have
been two grocery story type end users that have shown interest, have had two sit down restaurants
looking at the property on FM 528, is a very likely piece of property to develop, the biggest concern with
the property is once residential comes it is hard to have commercial due to residents opposing
commercial development near their houses, cannot estimate how long it would take for the City to get a
larger type development like the City would like, very likely piece of property to have a larger
development, has sent several interested commercial developers to the bank and broker regarding the
property, property is on a seven lane road which contributes to the good attributes for commercial
development. Councilmember Gustafson asked Ms. Capps what type of business did she envision for
the property, and Ms. Capps answered Kelsey-Seibold had shown interest, would like office, medical, and
retail, twice as much tax revenue is received by the City for commercial development than residential
development, residential development is given 20% homestead exemption, commercial development
pays tax on property and generates sales tax, average sales tax per acre is $4,000, addressed numbers
Beazer Homes presented and discussed Scenario No. 1 and Scenario No. 2 provided in Beazer Homes
packet, provided info on the cost of homes, costs the City $1,900 a year to service a home, in order for
the City to break even Beazer's homes would have to be listed on the tax rolls at $400,000 a home.
Councilmember Gustafson asked if a Tax Increment Reinvestment Zone (TIRZ) was being considered,
and Jeff Anderson with Beazer Homes answered no. Assistant City Manager Morad Kabiri stated City
input would be required if a TIRZ was proposed. Further discussion was held regarding the City's cost to
service a home in relation to property tax and sales tax values. Councilmember Hill stated he believed
the City was showing a double standard, earlier in the meeting gave praise to another developer for '
making changes Council asked for, development had less than 10% commercial, Beazer Homes is
proposing a plan with 20% commercial, in 2007 Council hired a consultant for a feasibility study for a
convention center, hotel, and marina, consultant stated that type of development was never going to
happen, property could be developed on a smaller scale. Councilmember Hill further stated people move
to Friendswood to live and not to shop, proposed development can provide commercial, Beazer Homes
should be given the same respect as the developer earlier in the meeting, Council should give fair
consideration, property is hard to develop, will be value on the ground in the next couple of years, and
would promote commercial development. Mayor Holland stated it does not have to be an all or nothing
mentality, a Mixed-Use PUD was designed by P&Z and knocked out in 90 days, afterwards had a
downturn in the economy and changes in flood zone maps, does not think the answer is to rezone or all
residential, keep as a Mixed-Use PUD. Endorsement from consultant hired was for "Disneyland" with a
marina, some types of commercial might never be there, things have changed, piece of property has
shrunk, need commercial and rooftops, having the property remain a Mixed-Use PUD allows for more
latitude. Mayor Holland further stated he likes the proposed project, would support keeping the property
as a Mixed-Use PUD, suggested to the developer to work with City Staff regarding the Mixed-Use PUD,
some deviations are allowed, there is a school adjacent so no bars or liquor stores, commercial property
that has 30 to 100 uses then there will be more interest. Councilmember Hill clarified with Jeff Anderson
from Beazer Homes that they do not own the commercial portion of the property, and Mr. Anderson
confirmed they do not. Councilmember Rockey stated he would like to keep as current zoning, asked the
developer and bank to work together, would like to see the City work with them, extend the olive branch.
Councilmember Scott stated Council talks all the time about commercial, many commercial properties are
not occupied, not being filled because people do not move to Friendswood to shop retail, residents do not
appreciate commercial properties behind them, why do we need more commercial for more revenue,
applauds the efforts and supports the developer. Clarification was made on the motion, a vote for would
be supporting the Planning and Zoning Commission's negative recommendation, a vote against would
mean Staff would come back to Council with an ordinance. Assistant City Manager Morad Kabiri asked '
the developer, would they be willing to work with Staff regarding the Mixed-Use PUD, and Mr. Anderson
answered he did not think it would work, not sure if the bank wanted to tie down to specific uses.
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Councilmember Rockey made a point of order and stated a tie vote means the motion fails, would
' automatically default that the City would bring back an ordinance to Council.
***Councilmember Enochs moved to table the acceptance of the negative recommendation from the
Planning and Zoning Commission regarding a zone change request for 135.778 acres at 3801 FM 528
(Whitcomb Property) (No action taken October 7, 2013).
Seconded by Councilmember Gustafson. The motion to table failed 2-4 with Mayor Holland, and
Councilmembers Rockey, Hill, and Scott opposed.
**Councilmember Rockey moved to approve hosting the Galveston County Mayors' and Councilmembers
Association monthly meeting for July 2014.
Seconded by Councilmember Hill. The motion was approved 6-0.
RESOLUTIONS
**Councilmember Scott moved to approve Resolution No. R2013-19 -A resolution of the City Council of
the City of Friendswood, Texas, approving the fifth bond issuance of the West Ranch Management
District, for the proposed amount of$1,270,000. (No action taken October 7, 2013)
Seconded by Councilmember Hill. The motion was approved 6-0.
**Councilmember Scott moved to approve Resolution No. R2013-20 -A resolution of the City Council of
the City of Friendswood, Texas, Galveston/Harris Counties casting 130 votes for electing Gary Jones (33
votes), David Moss (33 votes), Victor Pierson (32 votes), and Scott Brast (32 votes) to the Galveston
Central Appraisal District Board of Directors for 2014-2015.
Seconded by Councilmember Hill. The motion was approved 6-0.
**Councilmember Scott moved to approve Resolution No. R2013-21 -A resolution of the City Council of
the City of Friendswood, Texas, Galveston/Harris Counties casting its ballot for the election of Ed
Heathcott to the Board of Directors of the Harris County Appraisal District for 2014-2015. !
Seconded by Councilmember Hill. The motion was approved 6-0.
**Councilmember Hill moved to approve Resolution No. R2013-22 -A resolution of the City Council of the
City of Friendswood, Texas, determining that land is needed for the construction, operation, and
maintenance of Lift Station No. 3; accepting the dedication of said land from Kenneth and Lesley
Branham, property owners.
Seconded by Councilmember Rockey. The motion was approved 6-0. i
ORDINANCES
**Councilmember Rockey moved to approve the Second and Final reading of Ordinance No. 2013-36 An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C
"Zoning," Section 8, "Supplementary District Regulations," Subsection M., "Commercial Activities and
Outdoor Sales," Subpart 2"Outdoor Sales," to allow for Farmers Markets, by adding a new Subparagraph
K. "Farmers Markets," defining and regulating such use; providing a penalty for violation in an amount not
to exceed $2,000, 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 Hill. The motion was approved 6-0.
**Councilmember Scott moved to approve the Second and Final reading of Ordinance No. 2013-39 -An
ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C—"Zoning,"
by amending Planned Unit Development-Specific Use Permit (PUD-SUP) Ordinance 84-16 Creating PUD
No. 1 for 400 East Parkwood Avenue, Friendswood Retirement Living Center, A 13.3288 Acre Tract bf
' land out of Lots 3 thru 6, Block 8 of the Antoinette Voss Subdivision as recorded in Volume 254-A, Page 9
of Galveston County Clerk's Records, and also being a portion of the replat of"The Park" as recorded in
Plat Book 17, Maps 85-86, Galveston County plat records, located in the Sarah McKissick League Survey
Abstract 151, Friendswood, Galveston County, Texas, more specifically described in Exhibit"A", attached
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hereto, located in the"Community Overlay District" (COD); to clarify and approve Use as NAICS No. 6233
"Community Care facilities" in place of the previously approved "Retirement Home for the Ambulatory '
Elderly" Use, allowing revision of the prior site plan for addition of a new 2-story building for 20 new
assisted living units, alternative exterior facade materials, alteration of an existing building by removing 16
independent living quarters, converting the interior for 5 assisted living units and 14 Alzheimer's care
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 84-16 and Specific conditions herein; and providing a penalty in an amount not to exceed
$2,000 for each day of violation of any provision hereof; and providing for severability. (Amended October
7, 2013 on First Reading)
Seconded by Councilmember Hill. The motion was approved 6-0.
**Councilmember Scott moved to approve the Second and Final reading of Ordinance No. 2013-41 - An
ordinance amending Appendix C of the Code of Ordinances of the City of Friendswood, Texas, being the
Zoning Ordinance of the City, by amending the zoning classification of a .333 acre tract of land, located at
107 Shadwell Lane , Lot 1, Block 1 of Winding Hollow , according to the map or plat thereof recorded in
Plat Record 18, Map Number 1062 in the Map Records of Galveston County, Friendswood, Texas,
providing for the granting of an amendment to the Specific Use Permit (PUD-SUP) approved by
Ordinance 2011-11 on May 5, 2011, to allow for NAICS Use No. 812112 "Beauty Salons," in addition to
the uses and any applicable conditions or regulations contained in prior Ordinance 2011-11 for the
subject property; correcting prior Ordinances 99-26 and 2000-38 clarifying prior ordinances in relation to
the property located at the subject address; 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 Enochs. The motion was approved 6-0.
**Councilmember Scott moved to approve the First and Final reading of Ordinance No. 2013-42 - An ,
ordinance amending City of Friendswood, Texas, Ordinance No. 2013-37, passed and approved October
7, 2013, same being an ordinance approving and adopting the City's General Budget for Fiscal Year
2013-2014 by approving "Budget Amendment I" to the "Original General Budget of the City of
Friendswood, Texas, for the Fiscal Year 2013-2014"; 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 6-0.
**Councilmember Rockey moved to approve the First reading of Ordinance No. T2013-43 -An ordinance
amending Section 2-40, Section 14-2, Section 86-1, Section 86-2, Appendix B, Appendix C and Appendix
D of the Code of Ordinances of the City of Friendswood, Texas by providing for the addition or adjustment
of zoning administration fees, buildings and building regulations fees, businesses permit fees, utility
service security deposits and utility service fees.
Seconded by Councilmember Hill. The motion was approved 6-0.
Planning Manager Nick Haby reported the Planning and Zoning Commission's vote for Agenda Item 16 F,
approving a partial vacation of a public right-of-way was approved unanimously.
**Councilmember Scott moved to approve the First reading of Ordinance No. T2013-44 - An ordinance
approving a partial vacation of a public right-of-way situated on property located at 402, 404, 406, 408,
410 and 412 Fallow Lane, Friendswood, Texas; authorizing the Mayor to execute and the City Secretary
to attest a Quitclaim Deed by and between the City and Robert Salinas, Robert M. & Mary L. Ellis, Gary
E. & Lynda L. Harris, Lesli Schiller& Dwayne Driskill, Gregory B. & Barbara A. Curnutt, and Clarence V. &
Candice L. Schubert.
Seconded by Councilmember Hill. The motion was approved 6-0.
Planning Manager Nick Haby reported the Planning and Zoning Commission's vote for Agenda Item 16 '
G, amending Appendix C "Zoning," Section 20. 7 "Definitions," paragraph G, "Child care center," by
revising such definition and adding new definitions in subparagraph G.1, "Registered child care home"
and G.2, "Licensed child care home"; revising paragraph P, "Home Occupations" to correspond with such
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revisions; and revising Section 7, "Schedule of District Regulations," paragraph P.2. "Permitted Use
Table"for such uses as referenced in Exhibit"A"was approved unanimously.
"Councilmember Scott moved to approve the first reading of Ordinance No. T2013-45 - An ordinance
amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C—"Zoning," Section 20.
"Definitions," paragraph G. "Child Care Center," by revising such definition and adding new related
definitions in subparagraph GA., "Registered Child Care Home" and subparagraph G.2., "Licensed Child
Care Home"; revising paragraph P., "Home Occupation" to correspond with such revisions; revising
Section 7, "Schedule of District Regulations," paragraph P.2., "Permitted Use Table," NAICS Use No.
6244, "Child Care Center," as a use by right ("P") within districts "CSC", "NC", "INC" and "DW, with office
use only ("O") in "OPD", removing such use in all "MFR" and "MHR" districts, allowing "Registered or
Licensed Child Care Homes" as a use by right ("P") in "SFR" "SFR-E" and MFR-GHD districts only;
providing a penalty for violation in an amount not to exceed $2,000, or as otherwise provided by law;
repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; and providing for
severability.
Seconded by Councilmember Enochs. The motion was approved 6-0.
Mayor Holland closed Council's portion of the Joint Public Hearings.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Rockey stated he attended the Animal Control Advisory Board meeting, doing well;
money is up and adoptions are up, will start a drive for an electronic sign for in front of the center, looking
for donations.
Councilmember Enochs stated prayers to the Bossert family who lost a loved one in the military, thanked
' the family for all their sacrifices of having a loved one in the military for 28 years, attended the Greater
Houston Partnership, got an update from the Texas Legislature, main focus over the next few years will
be water issues and Metro systems, within the next 15 years a million more people are expected to move
to the Houston area, will put more of a strain on streets,water usage, and Metro systems.
Councilmember Hill stated this is the last regular meeting before Thanksgiving, wished everyone a Happ
Thanksgiving, be thankful for the great City and country we live in, spend time with your family, they are
important.
Councilmember Scott stated he had nothing to report.
Councilmember Gustafson stated he attended the Histor-Ween event, first year he attended, all three of
his kids volunteered, enjoyed it, graveyard tour was interesting and looks forward to attending next year.
Mayor Holland stated he would like to wish everyone a Happy Thanksgiving, spend time with your
families, son turned 25 last Saturday, getting ready to graduate with a double major, is joyful and
extremely proud of his son.
Councilmember Rockey asked City Secretary Melinda Welsh to explain how the election results would be
announced, and Ms. Welsh stated she will be in Galveston County to watch the tabulation of votes, have
spoken to Harris County and their election results will be on their website, plan on notifying Council as
soon as all results are in. She further reported that she and Deputy City Secretary Michelle Perez will
send the preliminary results via the City's email blast and post the information on the City's website.
CONSENT AGENDA
"*Councilmember Scott moved to approve all items on the Consent Agenda as presented: A. Authorizing
acceptance of the 2012-2013 Street Maintenance Program for the contractor's one-year maintenance
period. B. Authorizing Council to invoke Rule 1(A) of the Rules of Procedure to schedule a second
regular meeting in November for Monday, November 18, 2013, at 6 p.m., for the purpose of canvassing
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the votes of the Special Bond Election held November 5, 2013. C. Approving ratifying and confirming the
Mayor's signature on a new sub-lease request from American Tower for the Public Safety Building '
Communications Tower. D. Approving a banner permit application for the City of Friendswood
Community Services Department to advertise the Santa in the Park event "Home for the Holidays with
Hometown Bank", from Monday, December 2 through Monday, December 16, 2013. E. Approving
excusing the absence of Councilmember Pat McGinnis from the November 4, 2013, Council Meeting. F.
Accepting the September 2013 Property Tax Report. G. Approving the Minutes of September 9, 2013,
Council Meeting.
Seconded by Councilmember Rockey. The motion was approved 6-0.
The meeting was adjourned at 8:43 PM.
IV"
Mayor Ke 'n Holland
Attest:
�` •OF FRIEryps�o• .
Melinda Welsh, TRMC :U.
City Secretary �*s
q �• 1
• •••TFOFS