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HomeMy WebLinkAboutCC Minutes 2013-12-02 Regular 12/02/13 4232 STATE OF TEXAS CITY OF FRIENDSWOOD COUNTIES OF GALVESTON/HARRIS )( DECEMBER 02, 2013 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, DECEMBER 02, 2013, AT 6:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR KEVIN HOLLAND MAYOR PRO-TEM BILLY ENOCHS COUNCILMEMBER STEVE ROCKEY COUNCILMEMBER JIM HILL COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER JOHN SCOTT COUNCILMEMBER CARLGUSTAFSON CITY ATTORNEY ARNOLD POLANCO CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH REGULAR SESSION Mayor Holland called the meeting to order. The invocation was given by Pastor Charlie Quiroz with Calvary Chapel. ' Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Brenda Doty, Friendswood resident, addressed Council and stated she is opposed to the striping on Falcon Ridge Boulevard, gave several reasons why she is opposed, and further stated citizens of the neighborhood were misrepresented by the Homeowner's Association. Pete Fantasia, Friendswood resident, addressed Council and stated he is against the striping on Falcon Ridge Boulevard, and primary concern is safety. Steve Buending, Friendswood resident, addressed Council and stated he is president of the Falcon Ridge Homeowner's Association (HOA), properties have always had parking in front, HOA board voted 5-0 in favor of doing the striping, is a way of channeling traffic to make it a safer boulevard to travel on, and bike lane is for professional bicyclists. Citizens not in favor of the striping project would prefer to slow down traffic by way of speed bumps, stop signs, or crosswalks. Leslie Gerlach, Friendswood resident, addressed Council and stated she is opposed to the striping project on Falcon Ridge Boulevard. Donna Battenfield, Friendswood resident, addressed Council and stated she is opposed to the striping In Falcon Ridge Boulevard and gave several reasons why she is opposed. Most citizens were not aware of the issue and were misrepresented by the HOA. Juan Sanchez, Friendswood resident, addressed Council and stated he is against the striping project on ' Falcon Ridge Boulevard and stated his reasons, and was not aware of the HOA voting on this item. Marlene Bunn, Friendswood resident, addressed Council and stated she is a new resident to the City of Friendswood, does not live on Falcon Ridge Boulevard but does use it on a regular basis, is opposed to 12/02/13 4233 the striping project, sees a disaster happening to some child or adult in the bicycle lane. Valerie Knapp, Friendswood resident, addressed Council and stated she is opposed to the striping project ' on Falcon Ridge Boulevard for safety reasons. Anita Denson, Friendswood resident, addressed Council and stated she is opposed to the striping project on Falcon Ridge Boulevard, project will only meet minimum criteria for safety, passed out a handout for Council, measurements of traveling lane, bicycle lane, and parking lane, citizens were just made aware of the project in the past five weeks. Dave Smith, Friendswood resident, addressed Council and stated he is opposed to the striping project on Falcon Ridge Boulevard, survey done by citizens speaks for itself, 75 responded and 69 said no to the project. He further stated he is concerned with the HOA representing the neighborhood to the City, nothing in the deed restrictions or bylaws gives the HOA board or a member of the board the authority to represent the subdivision to the City, issues on Falcon Ridge Boulevard are no different than any other thoroughfare in Friendswood, are not unique, agrees with comments about aesthetics, does not mix well with subdivision. David Finley, Friendswood resident, addressed Council and stated he has lived in Friendswood since he was three years old, one of the reasons the City received the grant was due to the Junior High, rode his bicycle on Saturday and had to stop six times due to parked cars and traffic, is opposed to the striping project. Margaret Limmer, Friendswood resident, addressed Council and stated she has lived in Falcon Ridge subdivision for 23 years, there is nothing to slow traffic down, appreciates efforts of rerouting buses and other things to help, would like to revisit speed bumps, medians, and other tactics that may help, is opposed to the striping project. ' Fred Krch, Friendswood resident, addressed Council and stated he would like to offer his assistance as a retired Professional Engineer for the Friendswood Lake project since the bond passed, did research on Styrofoam pier, lake was stocked with 30,000 fingerlings with three kinds of fish, neighbor went diving in it and found cooler water which meant deeper waters, saw catfish like submarines, turned 92 in November and would like to see this lake open in his lifetime so he can fish, take the gate down. WORK SESSION Mayor Holland opened the discussion between Council, Staff, and the Planning and Zoning Commission regarding amendments to the Permitted Use Table (PUT). Planning and Zoning Commission Vice Chairman Mark Tibbitts opened the Planning and Zoning Commission's portion of the Joint Work Session and gave the floor to Planning Manager Nick Haby who presented a PowerPoint presentation that provided a definition and history on the PUT. The PUT is located in Section 7.P. of the City's Zoning Ordinance, identifies uses that are permitted in all of City's zoning districts. The uses that are identified in the PUT are P - Permitted, S - Specific Use Permit, S1 - Site Plan Approval, O - allowed as an office use only, and if space is blank, use is not allowed. The codes currently used come from the 1997 Northern American Industry Classification System (NAICS) reference book, up to six digit coding system to identify industries. In the future, the Planning and Zoning Commission (P&Z) plans to ensure an annual review of the PUT to keep the table as up-to-date as possible. The work done by P&Z so far is a subcommittee was created and met separately to review the PUT line by line, the full P&Z workshopped the work done by the subcommittee line by line as well, and a presentation was given to the Community and Economic Development Committee (CEDC), and feedback was given to P&Z by CEDC. The recommended changes are to update Use numbers with the new 2012 NAICS book and expand all Use numbers consistently, and require an "S" identification across the board ' for gasoline stations. Further discussion took place between Mayor, Council, the Planning and Zoning Commission (P&Z), and i 12/02/13 4234 Staff regarding the current zoning code for gasoline stations, P&Z is recommending to change gasoline ' stations from Permitted to Specific Use Permit (SUP) under the same zoning district. The difference between the identification of Permitted and SUP is that a Public Hearing would be required, Council would have to vote regarding the SUP, seems broad regarding the number of uses that are purposed to change to SUP, everyone would be subject to a Public Hearing. P&Z's reasoning behind the identification change for gasoline stations was due to traffic flow, concern where property was sited and safety, and recommended change is more for oversight. The Community and Economic Development Committee (CEDC) did not object to the use of SUP for gasoline stations. Planning and Zoning Commission member David O'Farrell stated one of the reasons he was the only no vote to the Permitted Use Table (PUT) amendment was because an estimated 100 individuals own Neighborhood Commercial (NC) and Community Shopping Center(CSC) tracts in Friendswood, have owned for many years and has the right to sell to a gasoline station, not one of those individuals are present for this meeting, and are not aware item is being discussed. The discussion continued regarding that P&Z feels there is an increase in the need to have Public Hearings, a lot of safeguards to protect against an undue negative experience, will allow Council to shape the City a little better, a lot of the reticence is due to the negative hotel issue a few years ago, 15 years since P&Z last updated the PUT, have learned from experiences, and need, some control to build out the City the way Council would like. P&Z also recommended amending several of the codes to SUP due to the identifier being very broad, allowing by right would have a negative reaction in Friendswood, do not want to discourage development or inconvenience citizens, but do want to bring in cash registers to the City. The suggestion was made that Councilmembers should offer their,' suggestions to P&Z and schedule another Joint Work Session in order for Council to receive clarity after having additional time to review the proposed amendments. Planning Manager Nick Haby continued the PowerPoint presentation with the remaining recommendations from the Planning and Zoning Commission (P&Z), some health care/social assistance Uses require "S1" in residential areas, the "S1" does not require a Public Hearing but does require site ' plan approval from P&Z and Council, places of assembly require "S", examples are theaters, educational services, and religious organizations. The Community and Economic Development Committee's (CEDC) recommendation was to require "S" in Community Shopping Center (CSC) for Use No. 236 "Construction of buildings" (general contractors) and Use No. 238 - Specialty Trade Contractors (HVAC,I plumbing, electrical). P&Z also recommended moving the additional requirements dealing with personal care facilities, swimming pools, private recreation, auto repair garages, temporary building, junkyardsl, and dry cleaning to just below the Permitted Use Table (PUT) for ease of reference. The next step 6 updating the PUT is once recommendation is shared with City Council, City will need a Joint Public Hearing, recommendation from the Planning and Zoning Commission and an ordinance drafted to make changes to the PUT. This is a part of the Zoning Ordinance rewrite that Staff and P&Z intend to accomplish soon. I Further discussion took place between Mayor, Council, the Planning and Zoning Commission (P&Z), and Staff regarding amending Community Shopping Center (CSC) Use No. 236 — "Construction of buildings" would be to prevent circumstances where a business such as a plumber would have a big layout yard in downtown, P&Z has put many hours into reviewing the Permitted Use Table (PUT), need guidance from Council, a lot of items on the table, items could have been missed, Council would like to look at the proposed amendments in more detail, encouraged Council to contact P&Z for clarification if needed, consensus of Council was they are not ready to proceed with an ordinance, Council and P&Z will have another Joint Work Session in January for Council to give feedback and guidance. Planning and Zoning Commission Vice Chairman Mark Tibbitts adjourned the Planning and Zoning Commission's portion of the Joint Work Session to their regular meeting being held in the upstairs conference room. Mayor Holland opened the discussion regarding the pavement striping on Falcon Ridge Boulevard. ' Assistant City Manager Morad Kabiri gave a brief history and stated approximately a year ago Staff received significant feedback from residents living in or around the Falcon Ridge community about traffic congestion and driver confusion during AM/PM peak hours around the Junior High. After evaluating the roadway, it was evident that some travelers of the roadway were using it as a four lane facility and others I 12/02/13 4235 a two lane facility, and in reality the roadway is a two lane facility. The proposed striping changes were intended to reduce driver confusion by providing a travel lane in either direction and a striped center two- ' way-left-turn lane in the middle, the provision for a bike lane was to help secure a grant to help provide an avenue for bikers that used the roadway. Staff requests that Council review the neighborhood's input and provides direction regarding the implementation of the striping project. Discussion took place between Mayor, Council, and Staff regarding the time frame the City has to complete the striping project for the grant, records are available from past discussions with residents and backup paperwork used to complete the resolution approved in order for the City to apply for the grant. The intent of the striping project was to help with traffic congestion around the school. Councilmember McGinnis stated his recommendation would be to not move forward due to the overwhelming negative response from residents. Councilmember Rockey stated he would like to see a consensus between the Homeowners Association and the residents before proceeding with the project. Councilmember Enochs stated he is concerned with the amount of City resources that have been spent regarding acquiring the grant, and now Council is hearing that two-thirds of the residents are not in favor of the project. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS City Manager Roger Roecker presented the Five Star Spirit Employee Award. The Five Star Spirit Award is awarded each quarter to an employee who has exhibited the five characteristics on which the award is based — Courteous, Competent, Reliable, Professional and Enthusiastic. The recipient for the third quarter of 2013 is David Brechtel, Police Detective for the City of Friendswood, who has been with the City since December of 1994. Mr. Brechtel was nominated by a Child Protective Services (CPS) staff member who stated they were grateful for his assistance and for making himself available to the CPS staff. Mr. Brechtel has also made police training available to the CPS staff which has been beneficial to CPS and the Police Department, goes above and beyond for the children receiving services and care. The City Manager thanked Detective Brechtel for his hard work. ' City of Webster Finance Director Mike Rodgers, representing the Gulf Coast Government Finance Officers Association (GFOA), presented a Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 2012 to Administrative Services Director Cindy Edge and Administrative Services Deputy Director Rhonda Bloskas. This is the 25th year for the City to receive this award. The City Manager Roger Roecker thanked Ms. Edge and Ms. Bloskas along with their Staff for all their hard work. Mayor Holland recessed the meeting at 7:35 PM and reconvened the meeting at 7:48 PM. COMMUNICATIONS FROM THE PUBLIC Jeremy Magnuson, Friendswood resident, addressed Council and stated he is speaking as a private citizen for the Community and Economic Development Committee (CEDC), regarding the Permitted Use Table (PUT) workshop, is a severe lack of Light Industrial in the City, with current restrictions will not be able to stay in City of Friendswood, is significant to the tax base, bringing in sales dollars, made recommendations to the Planning and Zoning Commission to compromise, allow them to go in Community Shopping Center (CSC) with oversight by the City regarding the build out, want the Light Industrial to stay in City limits, Whitcomb property was brought to CEDC's attention that it would never be a commercial property, talked to a commercial developer today who put a contract on this property today as a Mixed-Use development, will happen if developer gets his way. David Allen, Friendswood resident, addressed Council and stated he works in Katy, had a handout for Council, discussed edict to reduce greenhouse gases, is energy insanity, gas is much more efficient at heating things, submitted a Public Information Request (PIR) today, has it been happening here or is there an urge to do this in the City's planning, is crazy like recent ANTI-NIMBYSM talk just for a road. ' CITY MANAGER'S REPORT I 12/02/13 4236 The City Manager Roger Roecker reported that November 2, 2013, was Keep Friendswood Beautiful's (KFB)Annual Fall Haul-A-Day at Centennial Park, was a popular event with citizens, and wanted to share some details about how successful it was. A total of 540 residents attended the cleanup event, KFB volunteers and seven employees from the Community Services Department worked the event, Police Officers helped direct traffic, and Pete Garcia with Sonic Drive-In donated brown bag lunches for all the workers at the event. IESI/Progressive collected the majority of the debris dropped off, working all day with employees at the event, collected 32 tons of residential waste, 40 tons of roll off waste, and 4.9 tons of metal. The Galveston County Consolidated Drainage District brought in their chipper for the green waste items and mulched 68 cubic yards of green waste. Many items were donated for the animals that are rescued by Wildlife Rehabilitators, Inc. Donated items for the garage sale sold for approximately $1,000, which will go toward the beautification of City facilities and parks. Copy Dr. arranged for the services of a shredding truck, the company was TriStar Shredding and they donated their services working all day to shred 8,000 pounds of paper. Ackles Air& Heat was onsite to remove the refrigerant from appliances that were dropped off so they could be disposed of properly. The City Manager thanked the many community-oriented businesses and generous, hard-working volunteers that again) helped to make this year's Fall Haul-A-Day a success. The City Manager reported on the upcoming Community Holiday Events. Friendswood will be very busy throughout the rest of this year with a number of events to look forward to. The City Staff, Chamber of Commerce, Friendswood Heritage Gardeners, Friendswood Historical Society, Keep Friendswood Beautiful, Friendswood Fine Arts Institute and many Friendswood volunteers will be working hard to coordinate a number of exciting events. For many years, the Friendswood Blue Santa program has been helping Friendswood's needy children enjoy a happy holiday season. The Friendswood Blue Santa program, sponsored by the Friendswood Police Officer's Association (FPOA) and the Friendswood Police Department, are now accepting donations and applications. Blue Santa provides gifts for children 12 and ' younger who might not otherwise have presents to open on Christmas morning. Blue Santa depends on the generosity of local businesses, schools, civic groups and citizens to help make the program possible! Donations of new, unwrapped toys can be dropped off any time at the Friendswood Police Department; program runs from November 1, 2013 to December 20, 2013. Another event is the Annual Friendswood Historical Society Tree Lighting on Tuesday, December 3, 2013. The entire community is invited to this traditional celebration. The Christmas tree lighting will take place at the Frank J. Brown Museum, 108 Skyview Terrace and will begin at 7:00 PM. Bring the kids to visit with Santa, and stay for gingerbread and wassail and listen to a Youth Choir from the Friends Church. The Friendswood Heritage Gardeners will be providing the gingerbread and assisting with the event. Another event is the Holiday Hustle 5K Fun RunNValk/Kid's K Run. The Friendswood Community Services/Parks and Recreation Department will be hosting the annual Holiday Hustle 5K Fun RUNWalk and Kid's K on Saturday, December 7, 2013. The event will be held at Stevenson Park, 1100 S. Friendswood Dr. with registration from 7:00 AM to 7:45 AM. The Kid's K Fun Run (12 and under) will start at 8:00 AM and the 5K Fun Run/Walk will start at 8:20 AM and is open to all ages. Cost of the event is $10 for the Kid's K and $20 for the 5K for registrations received by November 30, 2013. All registrations on the day of the race at Stevenson Park will be an additional $5. T-shirts will be provided to those who registered by November 22, 2013. Runners receive a trophy for top female and top male in each age group, plus overall male and female, all 5K runners will be chip timed, and all walkers and Kid's K participants will receive a ribbon. After the event, door prizes will be given away to a lucky few and a pancake breakfast will also be served for all participants. Parking will not be allowed in the Stevenson Park pool parking lot but will be available behind City Hall or on Shadwell. A portion of the proceeds from this event will go to the Laura Recovery Center Foundation in Friendswood, and the remaining proceeds will be used for various park improvements. Another event is the Christmas Concert at the Friendswood Public Library. A Musical Collage will be held Monday, December 9, 2013, at 7:00 PM and will feature vocal and instrumental soloists from Hope Lutheran Church playing music for the Christmas season. Another event is the City of Friendswood and Friendswood Fine Arts Institute's (FFAI) Second Annual Deck the House Holiday Lighting Contest. ' Homes may enter by visiting the FFAI website at www.ffaionline.com and submitting an official entry form online, entry deadline is Monday, December 9, 2013. There is no cost for participation and the contest is open to all homes located in the City of Friendswood, five finalists will be selected from all participants, finalists will be featured on the City of Friendswood website, as well as the Friendswood Fine Arts website I I 12/02/13 4237 and Facebook page, and online voting will begin December 12, 2013. Participating homes will also be included on the "2013 Lights 2 See List," available on the Friendswood Fine Arts Institute's website. ' Another event is the Friends of the Library December Book Sale. The Friendswood Public Library Book Sale will be held Saturday, December 14, 2013, through Tuesday, December 31, 2013, with a preview sale for Friends of the Library members on Saturday, December 14, 2013, from 10:00 to 12:00 PM. The sale will be open to the general public, book sellers, and vendors starting at 12:00 PM. The event is sponsored by The Friends of the Library, and all proceeds go towards supporting library programs. The 27th Annual Christmas Lighted Parade will be sponsored by the Friendswood Chamber of Commerce and begins at 6:00 PM on Saturday, December 14, 2013, from the corner of Friendswood Drive and Heritage Drive, and ends at Stevenson Park. There is no charge for parade entries, and bring your camera to take pictures with Santa. Another exciting event is the Sixth Annual Santa in the Park on Saturday, December 14, 2013. Many fun-filled activities will be provided including a spectacular Tree Lighting Ceremony at 7:30 PM. The event will be held at Stevenson Park and coordinated by Keep Friendswood Beautiful and the City of Friendswood. The fun begins at 3:00 PM and goes strong until 8:00 PM. Kids can enjoy amusement rides, coloring contests, music, dancers, choirs, holiday arts and crafts market, refreshments, and a snow hill. Children can have pictures taken with Santa from 3:00 PM to 6:00 PM. Sponsors are HomeTown Bank, Keep Friendswood Beautiful, and City of Friendswood, along with others who helped provide a snow hill with 40,000 pounds of snow. A children's train will travel around the walking trail, a live band will perform and a Christmas concert will take place from 7:30 PM to 8:00 PM provided by First Baptist Church of Friendswood. Pet adoptions will be available along with lots of other outdoor activities and performances by local talent. Food and beverages will also be available for purchase. All are encouraged to bring a new, unwrapped gift for the Blue Santa project, as the Friendswood Police will be there to collect donations. ACTION ITEMS **Councilmember Scott moved to approve authorizing a contract for engineering services related to the installation of a pedestrian bridge and footings connecting Stevenson Park and Old City Park in the ' amount of$7,700. Seconded by Councilmember Rockey. The motion was approved unanimously. Discussion took place between Mayor, Council, and Staff regarding an update on the pedestrian bridge, price difference in a retaining wall versus a fence, substantially lower cost to do fence, and clarified funds for the engineering contract were not part of the bond. Councilmember Hill stated a retaining wall is required to obtain the easement, once costs are received on the bridge, bond money could be used to fund a retaining wall. Councilmember Rockey clarified the motion was to approve the engineering contract for$7,700 not to take action on a retaining wall or fence. Councilmember Rockey called the question. The vote to call the question failed 1-6 with Mayor Holland and Councilmembers Enochs, Hill, McGinnis, Scott, and Gustafson opposed. Further discussion took place between Mayor, Council, and Staff regarding Staffs recommendation which would be to construct the bridge and pathway at one time and then the retaining wall could come into question at that point, is no cost savings doing both projects together. Councilmember McGinnis clarified that a retaining wall would be more for aesthetics and privacy issues for the homeowner. Councilmember Enochs stated he would like to see other options that are available. Councilmember Gustafson stated the retaining wall estimate is $80,000 versus $5,000 to $6,000 for a fence, majority of cost is sidewalk, and costs associated with the bridge is becoming a large sum. **Councilmember Hill moved to approve the purchase of a new fire truck for the Friendswood Volunteer Fire Department and authorizing the disposal of a 1994 Freightliner fire truck. Seconded by Councilmember McGinnis. The motion was approved unanimously. RESOLUTIONS , **Councilmember Rockey moved to approve Resolution R2013-24-A resolution of the City Council of the 12/02/13 4238 City of Friendswood, Texas, approving the Public Funds Management and Investment Policy. ' Seconded by Councilmember Enochs. The motion was approve unanimously. **Councilmember Rockey moved to approve Resolution R2013-25 - A resolution of the City of Friendswood, Texas, hereby designating Jim Hill as representative and Kevin Holland as alternate to the Houston—Galveston Area Council 2014 General Assembly and Board of Directors. Seconded by Councilmember McGinnis. The motion was approved unanimously. ORDINANCES **Councilmember Rockey moved to approve the Second and Final reading of Ordinance No. 2013-43 - 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 Enochs. The motion was approved 6-1 with Councilmember McGinnis opposed. Discussion took place between Mayor, Council, and Staff regarding the proposed increase in fees pertaining to signs, mirrors building permit fees, is based on value of sign and not the cost of putting the sign out, type of signs is ground signs that businesses install, value is required on sign permit application, formula is applied to value. **Councilmember Hill moved to approve the Second and Final reading of Ordinance No. 2013-44 - 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 Lt. Ellis, Gary E. & Lynda L. Harris, Lesli Schiller & Dwayne Driskill, Gregory B. & Barbara A. Curnutt, and Clarence V. & Candice L. Schubert. Seconded by Councilmember Scott. The motion was approved unanimously. **Councilmember Hill moved to approve the Second and Final reading of Ordinance No. 2013-45 - An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C — "Zoningl" 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 "DD", with Office Use Only ("O") in "OPD", removing such use in all "MFR" and WHIR" 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 McGinnis. The motion was approved unanimously. **Councilmember Rockey moved to approve the First and Final reading of Ordinance No. 2013 46 - 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 XVII" 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 Enochs. The motion was approved unanimously. ' **Councilmember McGinnis moved to approve the First and Final reading of Ordinance No. 2013-47 -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 12/02/13 4239 2013-2014 by approving "Budget Amendment II" 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 Hill. The motion was approved unanimously. **Councilmember Scott moved to approve the First reading of Ordinance No. T2013-48 - An ordinance amending Appendix "C" "Zoning", of the Code of Ordinances of the City of Friendswood, Texas, Section 3, "Provision for Official Zoning Map", rezoning the property generally located at 3801 FM 528, a tract of land of approximately 134 acres situated in the Sarah McKissick survey, abstract 549, more fully described in Ordinance 2004-13, from the prior designation of Planned Unit Development/Mixed Use (PUD-Mixed Use), into 3 new tracts of land, with new uses as Single Family Residential ("SFR") for Tract 1, a 123.20 acre tract, and as Community Shopping District ("CSC") for Tracts 2, a 3.197 acre tract, and Tract 3, a 9.400 acre tract, all as more specifically provided herein; providing for the amendment of the Official Zoning Map; imposing certain conditions; providing a penalty in an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. (Whitcomb Property) Seconded by Councilmember Hill. The motion failed 2-5 with Mayor Holland, and Councilmembers Enochs, Rockey, McGinnis, and Gustafson opposed. Discussion took place between Mayor, Council, and Staff regarding Staff having met and discussed with the applicant how to maintain the Planned Unit Development (PUD), applicant is not interested in that approach and is happy with the application as currently presented to Council, bank is interested in acquiring the zone change to Community Shopping Center (CSC) as well. Councilmember McGinnis stated he has heard strong opinions from both sides, will be 30 years before property is ever built. commercially, would like to hear more on the developer Community and Economic Development Committee Chair Jeremy Magnuson discussed earlier in the meeting. Councilmember Hill stated currently have a developer that has come up with a plan, is a difficult piece of property to work with, applicant's plan has 90 foot lots with 20% commercial, have heard of phantom commercial developers for , years, applicant should get the opportunity. Councilmember Rockey clarified that both the Planning and Zoning Commission and the Community and Economic Development Committee recommended to Council not to change the zoning of this piece of property. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Mayor Holland wished everyone a Merry Christmas and stated people are wondering what the City is doing regarding the bond since the November Bond Election was approved. The Mayor reported that Council had a retreat and laid out a plan, still working on prioritizing projects, will be asking for input from committees, Staff will provide a response to Council's scope of work at the January Council meeting, Council will hold another planning retreat January 11, 2014, and hopes everyone had a great Thanksgiving. Councilmember Hill stated he had no report. Councilmember Rockey reported that the Friendswood Historical Society Tree Lighting is tomorrow at 7:00 PM. Councilmember McGinnis wished everyone a Merry Christmas and Happy New Year, reflected on other things Council gets to do as liaisons to the various committees, attended the Senior Citizen Advisory Committee, Fourth of July Steering Committee, and Keep Friendswood Beautiful, great to see enthusiasm and love for our City, and thanked all who serve the City by volunteering on a committee. Councilmember Scott wished everyone a Merry Christmas and is looking forward to a prosperous 2014. , Councilmember Gustafson wished everyone a Merry Christmas and Happy New Year, has been an i 12/02/13 4240 interesting year since he got elected to office, bumpy road health wise but is coming around, this time of ' year there are many children in foster care throughout Texas, keep all of them in your thoughts and prayers, and maybe someone will consider expanding their family by adopting. City Manager Roger Roecker reported that Library Director Mary Perroni's mother passed away. CONSENT AGENDA "Councilmember Scott moved to approve all items on the Consent Agenda as presented: A. Authorizing Council to invoke Rule 1(A) of the Rules of Procedure to schedule the January 2014 City Council meeting for January 13 instead of January 6. B. Approving the disposal of Police Department vehicle P314, a 2005 Ford Taurus through Houston Auto Auction in accordance with the Vehicle Replacement Policy. C. Accepting the October 2013 Property Tax Report. Seconded by Councilmember Rockey. The motion was approved unanimously. The meeting was adjourned at 8:40 PM. 6 fteE��!t5 Mayor Kevin to and Attest: lJ �o�pRlENps 0 1 Melinda Welsh, TRMC ' City Secretary cP�. co . Q . . TFOF�,.