Loading...
HomeMy WebLinkAboutCC Minutes 2014-07-14 Regular 07/14/14 4299, STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( JULY 14, 2014 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JULY 14, 2014,AT 4:30 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR KEVIN HOLLAND MAYOR PRO-TEM BILLY ENOCHS COUNCILMEMBER STEVE ROCKEY COUNCILMEMBER JIM HILL COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER JOHN SCOTT i COUNCILMEMBER CARLGUSTAFSON CITY ATTORNEY STEVE WEATHERED CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH REGULAR SESSION I Mayor Holland called the meeting to order. The invocation was given by Pastor Lynn Colby with Calvary Chapel Church. ' Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Connie Ratisseau, Friendswood resident, addressed Council and expressed her concern for children in the border crisis, has not been determined if they are really children, most of the people crossing the border do not have a birth certificate, expressed concern about the government's secrecy, League City and Galveston County took a courageous step for their citizens, shared with Council a copy of a resolution to consider to protect the health, safety, and security of Friendswood citizens, it is time to understand that only Texans can protect Texans. Michael Wood, Friendswood resident, addressed Council and stated he is a retired police officer and internal affairs investigator, has brought to the attention of the Friendswood Police Chief five complaints filed by volunteers and employees of Friendswood Animal Control regarding the conduct of a Friendswood Animal Control employee. One complaint involves inappropriate sexual comments that created a hostile work environment. City Attorney Steve Weathered advised Mr. Wood that he was getting into a personal attack and Mr. Wood should take the issue up with the City Manager. Mr. Wood continued that he had expressed his professional opinion in the lack of a professional investigation of the complaints to the Friendswood Police Chief. Mayor Holland interrupted Mr. Wood and stated a point of order, comments are a personal attack, and is a personnel issue that should be addressed with the City Manager. Mr. Wood stated his comments were not personal attacks, they were violations of City policy and state laws, asked if violation of state laws and City policy was a personal attack. The City Attorney answered if there was a criminal violation, with Mr. Wood's years of law enforcement experience, should know what to do in regards to a criminal investigation, file an affidavit of complaint sworn under oath, and asked Mr. Wood if he had any questions. Mr. Wood continued with his comments by stating that the only disciplinary action taken to date was one of the volunteers being fired and the reprimand of the City employee who filed the complaint, the work environment became so hostile for the employee that the employee has since resigned her employment. If employment of this employee who has possibly violated state and federal law is continued, the City is placing civil liability on the City of Friendswood. Mayor 07/14/14 4300 Holland stated to Mr. Wood that he was out of time, and Mr. Wood stated that his time had been taken, Council's duty is clear, should terminate the Friendswood Animal Control employee for their behavior, and discipline the appropriate department head. The City Attorney gave Mr. Wood a notice of disruption of a public meeting. Mr. Wood was escorted out of Council Chambers by the Sergeant at Arms. WORK SESSION Mayor Holland opened the discussion regarding Progressive Waste Solution's annual Consumer Price Index and operating cost adjustment. Administrative Services Director Cindy Edge introduced Mike Costello and Mike Wilson with Progressive Waste Solutions. Mr. Costello, Progressive Waste Solution's District Manager for the Houston area, introduced himself and stated that Council has dealt with Royce Gray in the past, and introduced Mike Wilson as his Assistant District Manager for the Houston area. Mr. Wilson is responsible for the City of Friendswood's contract and is always available. A letter was sent to the city recently regarding an increase for the annual Consumer Price Index (CPI) and fuel adjustment, and total price increase request is 3.72%. Mr. Costello asked Council if they had any interest in discussing any further opportunities for other services, and is good to start dialogue now for future services. City Manager Roger Roecker reminded Council that when Progressive's previous representative Royce Gray recently addressed Council, he had discussed automated trucks for pickup services. Discussion took place between Mayor, Council, Mike Costello with Progressive Waste Solutions, and . Staff regarding that nationally Progressive Waste Solutions (Progressive) is in the process of switching to automated trucks. The City of Alvin will be the first city in the district to switch to automated trucks, is a human resource issue, automated trucks help prevent injury, are currently looking at purchasing more trucks, and Progressive would welcome a discussion with the City of Friendswood regarding moving to carts and automated service. Mr. Costello stated he was from the West Coast where it is mostly carted, after a year or two of the carted process the city is cleaner. The issue Progressive came to Council on in the past regarding the oversized trash cans seems to have taken care of itself, have taken steps to tag ' larger containers. Staff does a great job at educating citizens and discussing the size of containers with the Homeowner's Associations, do not perceive any need to take further action. The Progressive contract with the City of Friendswood is in its second year, and it is a requirement that Progressive request an increase for the Consumer Price Index and fuel adjustment annually, is Council's decision to grant the increase. Mayor Holland opened the discussion regarding the Utility Rate Study for the City. Deputy Director of Fiscal Operations, Katina Hampton, introduced the work session, is a follow-up from last month's discussion, introduced Nelisa Heddin with Water Resources Management, LLC, to recap the discussion from last month and to review the recommendations that were given to Council. Ms. Heddin presented a PowerPoint presentation reviewing the recommendation given to Council and stated that she slightly tweaked some of the recommendation to litigate the potential impact that would be an extreme impact on a small proportional share of customers, discussed minimum bill for single-family residential and price for each meter size, minimum bill for commercial, irrigation, multi-unit, ect., and price for each meter size, revised recommendation for meters larger than two inches to a minimal bill of$44.95 a month. Discussion took place between Mayor, Council, Nelisa Heddin with Water Resources Management, LLC, and Staff regarding that an impact fee would still be charged to developers, recommendation is for the minimum monthly charge, Staff was concerned that the original recommendation of a $300 minimum monthly charge to commercial, irrigation, and multi-unit accounts would be punitive for customers with meter sizes two inches or larger, recommendation was revised to charge $45 minimum monthly fee as opposed to $300 minimum monthly fee. The larger the meter the more demand placed on the City's system, and the more maintenance required. Ms. Heddin continued the PowerPoint presentation with volumetric rate for single-family residential, price per gallons will depend on consumption, recommend a mild increase on rates per gallon for usage above 10,000 gallons, encourages conservation among customers, allows costumers more control over their rates, and is a mild-stepped process to move towards conservation rates. Discussed volumetric rate for 07/14/14 4301 irrigation and sprinkler, have a separate tiered rate structure, was tweaked from previoull recommendation. Staff was concerned with too steep of an increase over the,five year term, new recommendation is more of a.baby step approach, customers will not experience as much rate shock and can make adjustments as needed. Discussed volumetric rate for commercial, do not recommend any changes at this time, no tiered rate. Discussed Scenario No. 1 for recommendations on wastewater utility, current policy is 70% of water consumption, small increases in the volumetric rate, will not have a significant impact on customers. Scenario No. 2 is a winter average, may decrease depending on water consumption. Discussion took place between Mayor, Council, and Staff regarding the fact that a Public Hearing is not required if Council considers any of the recommendations, public is welcome to comment during the regular Communications from the Public portion of the agenda. Discussed how the improvements to the Blackhawk Sewer Plant would affect utility rates, project is nine to twelve months down the road, and it will be sometime next year before utility rates will need to be reevaluated. Mayor Holland opened the discussion regarding an update on Bond funded capital projects. Assista It City Manager Morad Kabiri stated design activities for the library are underway, schematics have been done, and Staff is going over furniture, fixtures, and equipment list. A professional services contract has been executed for the Fire Station project. Staff, in conjunction with the architect, are working on the solicitation of qualifications for construction managers in pursuit of a 'Construction Manager at Risk' approach to tackling the two facilities. A kickoff meeting with,the architect, Friendswood Volunteer Fire Department (FVFD), and Staff has been held, discussed issues on both facilities, have done preliminary programming for Fire Station No. 4, are about to go out for advertising for qualifications associated with the 'Construction Manager at Risk'. A SportsPark improvement kickoff meeting was held the first week of June to discuss Topographical and Geotechnical Surveying. Staff will reach out to the Girls Softball Association to get their input on design improvements. Architectural and civil design activities are well ' underway for the basketball pavilion at Centennial Park, and the equipment is on order for the lighting improvements at the detention pond fields. The lighting improvements should be completed in time for the fall football season. An agreement has been struck with Friendswood Development Company (FDC) for improving access to Lake Friendswood. FDC has agreed to allow access to the lake through the West Ranch Subdivision. Additionally, FDC will build 55 to 60 parking spaces, a restroom/concession pavilion and an automatic gate for controlled access. In late June, Staff met with a landscape architect soliciting a professional services design proposal for the proposed improvements at the lake. New gates have been installed at Sierra Madre and the backside of the lake. Construction is underway to install perimeter fencing as approved by Council at the February Council meeting. Plans are being finalized for the bridge crossing Cowards Creek to connect Old City Park with Stevenson Park. Currently the City is reaching out to a nearby property owner to improve access to Old City Park. Once the alignment has been finalized, project planning will begin on the other improvements identified in the bond election for Old City Park. A contract has been awarded for the final phases of the Splash Pad. Staff is soliciting quotes for the construction of a second Rotary Pavilion in response to their pledge. Staff has finalized coordination and preparation of the documents to solicit qualifications for design/engineering services for the Round 1 Street Improvement project. A total of 17 Statement of Qualifications have been received and ranked by the Staff/consultant committee, final interviews are being set up for the top ranked firms. It is Staff's intent to pursue these projects under one design contract and one construction contract to obtain better values. Discussion took place between Mayor, Council, and Staff regarding the second Rotary Pavilion, will not be as big as the existing pavilion at Stevenson Park, estimated to be a third to half the size of the existing pavilion, largest cost factor is to run electricity, suggestion has been made for possible volunteer efforts for construction, provided that it could be done within the parameters of permitting and windstorm certifications. ' Mayor Holland opened the discussion regarding proposed amendments to the Sign Ordinance. Planning Manager Nick Haby introduced the work session and showed a PowerPoint presentation regarding temporary direction signs. Mr. Haby stated at the Council retreat the Sign Ordinance was discussed, during that discussion temporary direction signs were brought up. In Section 15.3 of the Sign Ordinance, 07/14/14 4302 a temporary direction sign is defined as "temporary or portable signs that direct the public to a special event of civic interest, such as parades, organized holiday festivities, or other special events which are conducted by and benefit charitable or nonprofit organizations." Currently permits are required for temporary direction signs, there is no limit provided on number of signs allowed or number of signs per lot allowed, signs shall not exceed 32 square feet in area, can be erected no earlier than ten days before and two days after the event, and organizations are required to submit an affidavit certifying that the event is charitable/nonprofit. Signs that do not require permits in the City of Friendswood are political signs, garage sale signs, and real estate signs. These signs do have regulations as far as size, length of time, and number of signs allowed per lot. Staff recommendation is to remove the requirement for a permit on temporary direction signs, and include a regulation on the number of temporary direction signs per lot. If Council decides to move forward with the recommended Sign Ordinance amendments a Planning and Zoning Commission (P&Z) recommendation is not required. Staff would bring an ordinance to Council amending Appendix A, Section 15—Temporary Signs of the Sign Ordinance. Discussion took place between Mayor, Council, and Staff regarding that if Council approved the amendments to the Sign Ordinance recommended by Staff, Youth Sports organizations classified as a 501(c)(3)would not have to obtain a permit for their signs. Consensus of Council was for Staff to bring an ordinance back to Council to approve. Mayor Holland opened the discussion regarding a Property Condition Report for Fire Station No. 1. Assistant City Manager Morad Kabid introduced the work session and stated the report came back that the structure has a number of issues, moisture issues, structural integrity with the apparatus bays, some walls are out of plumb, and have significant foundation concerns. The report did not state that the building is uninhabitable but did outline a couple of capital items to take care of sooner rather than later. The report highlighted additional investigations and repairs that would need to be tackled in both the immediate future as well as years to come. The initial concern was to do a structural analysis. Staff would like direction from Council. With the current Bond program, relocating the Fire Department ' headquarters is ultimately a decision that needs to be made regarding the future use of the building. Is it more advantageous to tear down or rehabilitate the current facility, report showed $500,000 in needed repairs over the next ten to twelve years. Discussion took place between Mayor, Council, and Staff regarding that the building could be used as a Senior Activity Building or a Records Storage facility. The City currently pays for storage facility rental for records. The foundation problems listed in the report have no known remedies at this time. If the building is left as-is there is no guarantee that there will not be future issues. The suggestion was made to demolish the building and add 1.29 acres to Stevenson Park, the building is 61 years old, if partial repairs are done the building will continue to degrade and need additional repairs and maintenance. The consensus of Council was not to spend the additional$33,000 to do a structural analysis. With concurrence of Council, Mayor Holland moved to Agenda Item 12, Discussion and possible action regarding concurrence with the Mayor's appointments/reappointments to Boards, Committees and Commissions. ACTION ITEMS "Councilmember Scott moved to approve the appointment of Sally Branson and the reappointment of Chris Brown to the Planning and Zoning Commission with terms to expire July 2017; appointment of Craig Lovell to fill a vacancy of an unexpired term on the Planning and Zoning Commission with a term to expire July 2016; appointment of Larry Collison to fill a vacancy of an unexpired term on the Investment Committee with a term to expire November 2015; and reappointment of Municipal Court Judge James Woltz and Associate Municipal Court Judge Richard Flake with terms expiring July 2016. Seconded by Councilmember Rockey. The motion was approved unanimously. Councilmember Rockey stated there were 18 candidates for the Planning and Zoning Commission, ' candidates interviewed were outstanding, fine people that would make good commissioners. A.good thing about the City of Friendswood is that such good volunteers come forward but it makes choosing 07/14/14 4303, i difficult. Mayor Holland stated the Planning and Zoning Commission went through this process before, had numerous candidates, and thanked the citizens that step up to serve. With concurrence of Council, Mayor Holland moved to Agenda Item 6, Closed Executive Session. 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 551.072—Deliberate regarding real property. RECONVENE INTO OPEN SESSION Council reconvened into Open Session with no action taken later in the meeting. i With concurrence of Council, Mayor Holland moved to Agenda Item 9, Communications from Committees and Special Reports. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Friendswood Public Library Board Chair Mike Czarowitz presented the annual report, and stated the library has continued to show an increase in usage, attendance in 2013 was 163,113 which averages to about 540 per day, increased from 2012, and the library added 2,819 new patrons during the year. The ' library held 822 programs for both children and adults with attendance in excess of 28,000, program attendance has increased by 11%. The youth services programs included toddler time and story time sessions for preschoolers, family story time on Saturdays, bi-monthly craft programs, and educational programs for all ages. The library provides outreach story time for 15 area daycare centers ani preschools. Each of the summer programs held during summer have filled the room to capacity. Adult service programs have included basic computer literacy classes, bi-monthly classic movie nights, monthly cultural and educational programs that included Texas Workforce Commission job search seminars, author talks, music concerts, genealogy, and hurricane preparedness. The library provided bkweekly afterschool programs, hosted poetry reading and poetry writing contests, and held craft programs for the young adults and the Teen Advisory Group. The library holds summer reading programs for all ages with use of online registration there have been 1,683 children, 366 for young adult, and 125 adults sign up. The library currently hosts a monthly art show for local artists. Use of the library's public computers totaled 42,664 internet sessions, Wi-Fi usage increased by 27%, and library personnel responded to 27,932 reference questions. With the expanded use of the website patrons were able to place a hold on 32,189 items, and then retrieve them when the items were available for pick-up. Items checked out totaled 367,946, which is about 10 items for each man, woman and child in the City of Friendswood. Even with limited space, this is a 4% increase in circulation. As an interesting comparison, Galveston residents checked out 6 items per resident, League City was 8.8 items and the City of Houston Library was 4 items per resident. The library is achieving its goal of being a vibrant and exciting part of our City and the heart of our community. The renovation and addition of the library is on schedule and is in the construction and document stage. Chair Czarowitz acknowledged the donation of a park bench to go on the new sidewalk as a result of the Crawfish Festival, and the library would welcome a donation of a second bench. As the library project gets closer to completion there will be a number of other items that could be donated, acknowledgment of donations will be made with a plaque on the item donated. Th le Friends of The Library have included in their 2015 budget$5,000 toward the library's needs. ' Councilmember Enochs thanked Friendswood Public Library Board Chair Mike Czarowitz and stated the numbers have increased in every aspect of the library, expansion project could not have come at a better time, Staff does an excellent job, and the Friendswood Public Library Board is very involved. I 07/14/14 4304 Friendswood Public Library Board Chair Mike Czarowitz stated he forgot to mention in his report how great the library Staff is. CITY MANAGER'S REPORT City Manager Roger Roecker reported that this year the Texas State Comptroller's Office has instituted a new category for the Leadership Circle Award, the Platinum level. This year the City of Friendswood received the State Comptroller's Platinum Leadership Circle Award by scoring 20 of 22 possible points on the Comptroller's rating criteria. The City had been awarded the Gold Leadership Circle Award for the past four years, the highest category at that time. The Texas Comptroller recommends that all local government demonstrate their financial transparency by posting documents online including the annual budget, the annual financial report, and all check registers. The award criterion is also based on how easily the information can be accessed on the city's website. The Texas Comptroller's Office has applauded the City of Friendswood for the City's focus on giving taxpayers a transparent look at local expenditures. The Leadership Circle Platinum insignia is found on the City's website as well as on the Comptroller's"Texas Transparency"website. The City Manager reported the Fourth of July Steering Committee and the City of Friendswood just celebrated its 119th Annual Fourth of July Celebration. The program this year was number nine on Houston Chronicle's list of the best family fun events for the Fourth of July. The daylong celebration was packed full of entertainment, food and fun for the entire family. The theme for the celebration this year was "Small Towns, Big Hearts". The day was kicked off with the Grand Parade that started down Friendswood Drive at 10:00 AM with over 100 parade entries from the City of Friendswood and around the state of Texas. The parade concluded at Stevenson Park where over 50 booth entries, rides, games, food, live entertainment, and fun for the entire family took place. The evening program at Centennial Park began at 7:30 PM with the David Weekly Homes Skydiving Team dropping into the park during the , National Anthem. The musical group "Molly & the Ringwalds" headlined the evening entertainment, and the evening concluded with a fireworks show that lit up the sky that was choreographed to patriotic music. Thousands of Friendswood residents participated in the daytime activities and hope everyone that persevered through the evening rain enjoyed the family event as the community of Friendswood celebrated the country's independence in patriotic style. The City Manager reported that Progressive Waste Solutions (Progressive) provides scholarships to Clear Creek Independent School District (CCISD) and Friendswood Independent School District (FISD) graduating seniors as part of their commitment to community involvement within the City of Friendswood with $500 being contributed to Clear Brook High School, $500 to Clear Springs High School, and $1,000 to Friendswood High School. Each school's scholarship committee selects the recipients and the scholarships are awarded according to financial need, academics, and community service. This year's scholarship recipients are Kacey Bowen from Friendswood High School, David Colicott from Clear Brook High School, and Jade Gallegos from Clear Springs High School. The City appreciates Progressive's support and assistance to high school graduates in pursuing their college education. The City Manager reported the City of Friendswood and Friendswood Rotary Club are proud to announce the 2014 Movies in the Park series at Evelyn B. Newman Amphitheater. The movie series began July 11, 2014, and runs every Friday through August 15, 2014. Local businesses generously sponsoring each movie night include POPSTAR Performers, Space City Futbol Club, Primrose School, Shear Pleasure Salon & Spa, Keep Friendswood Beautiful, and HomeTown Bank of Friendswood. Thanks to the sponsors, all movies will be free, theater seats may be limited, so feel free to bring blankets or lawn chairs to sit on the lawn. Do not forget your picnic dinner and/or snacks. Concessions will be available to purchase. The August 15, 2014, movie sponsored by HomeTown Bank of Friendswood will be shown at the Friendswood City Pool as a Dive-In-Movie. The City Manager reported that the City has been recognized as a Scenic City by the Scenic City ' Certification Program. The City has been trying to obtain this certification for several years, will be recognized as a Scenic City at a reception during Texas Municipal League's (TML) annual conference in 07/14/14 4305 October. The City Manager reported that Pat Riffel, Municipal Court Administrator, has been chosen by the National Center for State Court to become a Texas trainer for the Institute of Court Management Program, and is a high honor for Ms. Riffel to receive this honor. The City Manager reported that Emergency Management Services (EMS) Chief Lisa Camp won the Star of Life Award from the American Ambulance Association, presented to her in Washington, D.C., thankful for Ms. Camp and all the volunteers for their efforts. With concurrence of Council, Mayor Holland moved to Agenda Item 18 A, Communications from the ' Mayor and Councilmembers, Councilmember McGinnis. i COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember McGinnis read the Declaration of Independence, and read a letter from John Adams to Abigail Adams about the Declaration of Independence. With concurrence of Council, Mayor Holland moved to Agenda Item 8, Communications from the Public. COMMUNICATIONS FROM THE PUBLIC Joe Massey, Friendswood resident, addressed Council and stated he would like to present his situation to Council to allow him to keep his business, lived in Friendswood for 27 years, retired from the Army after a traumatic injury, is a gunsmith and owns a firearm company, a recent Bureau of Alcohol, Tobacco, ' Firearms, and Explosives (ATF) audit showed he was not in City compliance, does not earn tons of money but would like to continue his work, was unaware of a City law against this, consider a variance to present law so that he can continue to work from his home, spoke to his Homeowners Association (HOA) and they are in favor, checked into leasing a storefront space but is cost prohibitive, does not maintain a large inventory, does not have streams of people coming into his home. Councilmember Rockey asked Staff to put this item on the next agenda and do research to bring back to Council. David Allen, Friendswood resident, addressed Council and stated he lives in the Dunbar area, is discussing Agenda Item 7 D, Joint Public Hearing Items 1 and 2, consider making it something similar to The Bedford, condos in the area are not built well and falling down, other side of Dunbar Lane is retirement apartments, is not cheap to live there, would improve and stabilize the area, normal apartments could be Section 8 in a couple of years, look at The Bedford as a model, these retirement apartments are not cheap but the City has enough people that could use them. With concurrence of Council, Mayor Holland moved to Agenda Item 7, Joint Public Hearings. JOINT PUBLIC HEARINGS Mayor Holland and Planning and Zoning Commission Chair Mark McLean called a Joint Public Hearing to order to receive comments from the public, both oral and written, regarding amending Appendix G, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to Section 6.D. Nonconforming Structures. 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. 07/14/14 4306 Mayor Holland and Planning and Zoning Commission Char 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 B.N. Downtown District Supplemental Requirements. 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 a zone classification change request for a tract of land containing 25.3639 acres situated in the A.H. Jackson Survey, property located on FM 528 and Narnia Way, Galveston County, to change from Single Family Residential (SFR) to Community Shopping Center(CSC). Planning and Zoning Commission Chair McLean asked if anyone would like to speak in favor of or in opposition of the request. Planning and Zoning Commissioner David O'Farrell left Council Chambers at this time. David Four with Lovet Commercial stated about a year ago he came to the Friendswood area to look for a place to do a retail development, FM 528 is major thoroughfare and the future plans for Friendswood , Lake, three corners of the intersection are currently zoned retail and the corner they are interested in is zoned Single-Family Residential (SFR). Currently have the 25 acres under contract, are in preliminary discussions with retailers for interest in the development. 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 a zone classification change request for Tract 1 from Community Shopping Center(CSC) and Tract 2 from Planned Unit Development (Ordinance No. 2005-15) to Planned Unit Development•(PUD), being a total of 13.3586 acres: Tract 1 (601 North Friendswood Drive): 3.4868 acre tract out of Perry and Austin League, Galveston County, Texas, Tract 2 (511 North Friendswood Drive): 9.8718 acre tract out of Lot 5, Hoidale and Coffman Subdivision, Galveston County, Texas. Planning and Zoning Commission Chair McLean asked if anyone would like to speak in favor of or in opposition of the request. Brett Banfield with Banfield Properties, stated he represents the ownership group, proposing mixed use development, Tract 1 is zoned Community Shopping Center(CSC) and would like to pull in Tract 2, would comprise of two components done in three phases, 108 unit high-end senior development, not a tax credit development, single-story with attached garages, pool, banquet room, home theater, exercise room, etc. Will be a Class A development, commercial developments in front, will be compatible with senior development, will be within walking distance, good fit for the property, near residential and some commercially zoned land, nearby developer is hoping this will bring more interest, the area needs a kick- start, currently owns Bedford Apartments and would be higher than The Bedford. Mr. Banfield showed a t picture of the development and the building elevations. It will be 100% private, trimmed; fenced, with access gates, and will significantly improve the curb appeal of the area. 07/14/14 4307, David Allen, Friendswood resident, stated he spoke in favor of this rezone earlier during Communication from the Public. Planning and Zoning Commission Chair 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. Mayor Holland congratulated Craig Lovell and Sally Branson as new Planning and Zoning Commissioners. With concurrence of Council, Mayor Holland moved to Agenda Item 11, Discussion and possible action regarding disposition of Bid No. 2014-05, Construction of Baker Road Rehabilitation, authorizing the Mayor to execute contracts, and authorizing an appropriation of funds. ACTION ITEMS (continued) **Councilmember Rockey moved to approve disposition of Bid No. 2014-05 for the construction of Baker Road rehabilitation, award to Metro City (Option No. 2), and authorize the appropriation of funds of $571,058.50. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Enochs moved to nominate Councilmember Jim Hill as Mayor Pro-Tem for 2014-2015. Seconded by Mayor Holland. The motion was approved unanimously. **Councilmember Scott moved to approve the appointments of the City Council Liaisons to Committees, Boards, and Commissions. ' Seconded by Councilmember Rockey. The motion was approved unanimously. **Councilmember Rockey moved to approve the proposed high flow mitigation alternatives at the Blackhawk Wastewater Treatment Plant and the Texas Commission on Environmental Quality order and authorizing an appropriation of funds. Seconded by Councilmember Hill. Assistant City Manager Morad Kabiri explained the action item with a presentation regarding improvements needed at the Blackhawk Wastewater Treatment Plant as the result of a Texas§ Commission on Environmental Quality (TCEQ) inspection in relation to the discharge wastewater flow. Council previously authorized to do a high flow analysis of infiltration and inflow of storm water into the sanitary sewer system that ultimately is treated by the plant. The City's portion of the analysis was $52,000. Gulf Coast Waste Disposal Authority, the entity that operates the Blackhawk Wastewater Treatment Plant, commissioned Klotz and Associates to do the evaluation and preliminary engineering, would like to make a brief presentation to Council. Mr. Kabiri introduced Alex Kuzovkov with Klotz Associates to make the presentation. Mr. Kuzovkov showed an aerial view, is a traditional wastewater treatment plant, and listed all the components of the treatment plant. TCEQ noted violations regarding the treatment plant, exceeded permitted effluent limits for Ammonia-Nitrogen, CBOD5, TSS and Enterococci, and filters and aeration basins overflow walls of tank during sustained peak rain event. The purpose and scope of the analysis was to analyze participant flow contribution during peak flow events, evaluate impact of peak flow events on plant hydraulic and process performance, evaluate and recommend alternatives to mitigate impact of peak flow events on plant performance, and prepare cost analysis of the recommended alternatives. Mr. Kuzovkov presented graphs that discussed flow data during rain events over the past few years. Process deficiencies found were overloading clarifier weir at peak flow by 26%, exceeding detention time at peak flow by 5%, exceeding clarifiers solids loading rate at peak flow by approximately 40%, and clarifier capacity at peak flow approximately 70%. Alternative No. 1 - Equalization Basin, direct flow to a side-stream equalization basin, and basin accumulates flow in excess of 17 MGD and then release the flow after the rain event at a controlled rate using pumps. Alternative No. 2 - new Clarifier and RAS Pump Station, add a new 135 foot clarifier with associated 07/14/14 4308 electrical and site work. Alternative No. 3 - Ballasted Clarification, direct the entire flow after clarifiers during a peak flow event to a ballasted flocculation/clarification treatment system as a tertiary treatment in lieu of the filters. Summary of cost, Alternative No. 1 - Equalization Basin is$2,554,000, Alternative No. 2 - New Clarifier is$3,888,000, and Alternative No. 3 - Ballasted Clarification is $6,491,000. Mr. Kuzovkov listed the pros and cons for Alternative No. 1 and Alternative No. 2. Klotz and Associates recommendation is Alternative No. 2 - new Clarifier and RAS Pump Station, add a new 135 foot clarifier, and other equipment includes two new RAS pumps, new grinder pumps for pumping scum to digesters, new flow splitter box with three weir gates, site work and electrical/control modifications. Discussion took place between Mayor, Council, Alex Kuzovkov with Klotz Associates, and Staff regarding that Alternative No. 2 will expand the capacity by 33%, TCEQ requirement is to meet 70% of flow, have to start planning expansion, and the City of Friendswood is responsible for 52% of costs. Pros and cons were not given for Alternative No. 3 due to the option being too expensive, the quality of the water would be the same as the other alternatives. If Council decides to go with Alternative No. 2 there will not be any additional operational maintenance or manpower. The time frame for the project would be six to eight months for design and a year for construction, suggested funds for the project could come from revenue bonds, or the Gulf Coast Waste Disposal Authority can issue their own bonds and then charge back operationally the city's share of the improvements, immediate cost would be final design. ***Councilmember Rockey amended the main motion to approve Alternative No. 2. Seconded by Councilmember Hill. The amended main motion was approved unanimously. RESOLUTION **Councilmember Hill moved to approve Resolution R2014-15-A resolution of the City Council of the City of Friendswood, Texas, amending Rules of Procedure for the conduct of City Council meetings by amending Rule 7 in order to include submitting agenda items to the City Manager, amending Rule 16 to , add an additional Communications from the Public to take place after the Pledge of Allegiance, and add verbiage to Rule 21 regarding the Mayor's authority to sign grant applications and associated documents; and repealing all other resolutions inconsistent or in conflict herewith. Seconded by Councilmember McGinnis. The motion was approved unanimously. ORDINANCES **Councilmember Scott moved to approve the Second and Final reading of Ordinance No. 2014-13 -An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C —"Zoning," by amending the zoning classification for East FM 528 Road, an approximately .5965 acre tract out of Reserve H, Block 17 in Forest Bend Section 3, City of Friendswood, Harris County, Texas; rezoning such property from "Neighborhood Commercial" INC) to "Neighborhood Commercial — Specific Use Permit" (NC-SUP) to allow NAICS Use No. 4413, "Automotive parts, accessories, and tire stores"; 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 Hill. The motion was approved unanimously. **Councilmember Rockey moved to approve the First and Final reading of Ordinance No. 2014-15 - 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 X" 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 Enochs. The motion was approved unanimously. Assistant City Manager Morad Kabiri reported the Planning and Zoning Commission's vote for Agenda Item 16 C, 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 a tract of land generally located at FM 528/Narnia Way, consisting of approximately 25.3639 acres of land (1,104,851 square feet) 07/14/14 4309 situated in the A. H. Jackson Survey, Abstract No. 128, Galveston County, Texas being out of a called 51.467 acre tract conveyed to Hal Browning Boone, as recorded in Galveston County Clerk File No. 8209272, Galveston County, Friendswood, Texas, more fully described herein from the current designation of Single Family Residential ("SFR") to Community Shopping Center ("CSC") was approved 5-0. **Councilmember McGinnis moved to approve the First reading of Ordinance No. T2014-16 - 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 a tract of land generally located at FM 528/Narnia Way, consisting of approximately 25.3639 acres of land (1,104,851 square feet) situated in the A. H. Jackson Survey, Abstract No. 128, Galveston County, Texas being out of a called 51.467 acre tract conveyed to Hal Browning Boone, as recorded in Galveston County Clerk File No. 8209272, Galveston County, Friendswood, Texas, more fully described herein from the current designation of Single Family Residential ("SFR") to Community Shopping Center ("CSC"), all as more specifically, provided herein; providing for the 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 foir severability. Seconded by Councilmember Hill. The motion was approved unanimously. Discussion took place between Mayor, Council, and Staff regarding that the Community and Economic Development Committee had not discussed the property to form an opinion on the change, property is part of the Land Use Plan as commercial property. **Councilmember McGinnis moved to approve the First reading of Ordinance No. T2014-17 - An ordinance of the City of Friendswood, Texas, City Council, amending Appendix D of the Friendswood City Code to establish the rates to be charged by the City for water and sewer utility services. ' Seconded by Councilmember Scott. The motion was approved 5-2 with Councilmembers Rockey and Enochs opposed. Discussion took place between Mayor, Council, and Staff regarding that 97% of citizens will not be impacted, wastewater side will be 69.5% of citizens not impacted by a rate increase. The biggest impact would be on the irrigation side, citizens can slowly adjust to an increase over the next five years. Councilmembers Enochs and Rockey suggested a Public Hearing in order to receive comments from the public regarding a rate increase. The City had a rate increase a few years ago, was ahead of the game and then had a rate decrease, goal is not to just gather revenue for the City but to have adequate money for operations and maintenance, have to provide revenue to support the system. Planning Manager Nick Haby reported the Planning and Zoning Commission's vote for Agenda Item 16 E, an ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C "Zoning," Section 6, "Nonconforming Uses, Structures, and Lots" Subsection D, "Nonconforming Structures failed 1-5. **Councilmember Scott moved to approve the First reading of Ordinance No. T2014-18 - An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C —"Zoning," Section 6, "Nonconforming Uses, Structures, and Lots" Subsection D, "Nonconforming Structures,"; 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 5-2 with Mayor Holland and Councilmember Rockey opposed. Discussion took place between Mayor, Council, and Staff regarding that the Planning and Zoning Commission's (P&Z) recommendation was against the amendments. Council had asked for some relief on businesses trying to come into the Downtown District and having to be in compliance. Staff provided an ordinance to approve the amendments that Council had requested. P&Z did not approve the proposed ordinance, concern is there will continue to be degradation of buildings. The proposed ordinance is what Council requested, amendments will be spelled out and made clear, makes sense from 07/14/14 4310 a business standpoint, P&Z's vote was 1-5 against, and their job is to review thoroughly. Clarification was given that Council was voting to approve the recommended amendments, and approve the ordinance. Planning Manager Nick Haby reported the Planning and Zoning Commission's vote for Agenda Item 16 F, an ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C — "Zoning,"Section 8, "Supplementary District Regulations" Subsection N, "Downtown District Supplemental Requirements"was approved unanimously. **Councilmember Scott moved to approve the First reading of Ordinance No. T2014-19 - An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C —"Zoning," Section 8, "Supplementary District Regulations" Subsection N, "Downtown District Supplemental Requirements"; 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 unanimously. Councilmember Scott clarified that the ordinance deals with the Downtown District requirements to put in sidewalks, pavers, benches, etc. Planning Manager Nick Haby stated that the Planning and Zoning Commission recommended 6 foot concrete sidewalks instead of 4 foot concrete sidewalks. Planning Manager Nick Haby reported the Planning and Zoning Commission's vote for Agenda Item 16 G, an ordinance Amending Appendix C, "Zoning", Section 3, "provision for Official Zoning Map", of the Code of Ordinances of the City of Friendswood, Texas, rezoning a tract of land consisting of a total of approximately 13.3586 acres, to Planned Unit Development (PUD), Tract 1 located at 601 N. Friendswood Dr., (3.4868 acres) situated out of Perry and Austin League, Abstract 20, Friendswood, ' Galveston County, Texas, from Community Shopping Center (CSC) to PUD; Tract 2 located at 511 N. Friendswood Dr. (9.8718 acres) out of Lot 5 Hoidale and Coffman subdivision, Friendswood, Galveston County, Texas, from prior PUD to a newly revised PUD, all as more specifically provided herein; providing for the amendment of the Official Zoning Map; imposing certain conditions was approved 6-0. **Councilmember Hill moved to approve the First reading of Ordinance No. T2014-20 - An ordinance Amending Appendix C, "Zoning", Section 3, "provision for Official Zoning Map", of the Code of Ordinances of the City of Friendswood, Texas, rezoning a tract of land consisting of a total of approximately 13.3586 acres, to Planned Unit Development (PUD), Tract 1 located at 601 N. Friendswood Dr., (3.4868 acres) situated out of Perry and Austin League, Abstract 20, Friendswood, Galveston County, Texas, from Community Shopping Center (CSC) to PUD; Tract 2 located at 511 N. Friendswood Dr. (9.8718 acres) out of Lot 5 Hoidale and Coffman subdivision, Friendswood, Galveston County, Texas, from prior PUD to a newly revised PUD, 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. Seconded by Councilmember Scott. The motion was approved unanimously. Discussion took place between Mayor, Council, and Staff regarding that every project the Banfield family has done in the City of Friendswood has been excellent, has been involved in the City for many years, and loves Friendswood. The packet Council received from Banfield should be a model for people coming before Council with projects, and hopefully the project will jumpstart development in that area of town. With concurrence of Council, Mayor Holland moved to Agenda Item 19, Consent Agenda. CONSENT AGENDA **Councilmember Hill moved to approve all items on the Consent Agenda as presented with the exception of Agenda Item E. A. Approving amendments to the Economic Development agreement with Masa Sushi Japanese Restaurant to extend the construction completion date through May 1, 2015. B. I 07/14/14 4311 Authorizing the Mayor to execute a grant contract revision letter to the General Land Office updating the project implementation schedule for a Supervisory Control and Data Acquisition (SCADA) installation. CI Approving a license agreement between the City and Sunset Meadows Homeowners Association for the purpose of placing a subdivision entryway sign within the City's Right-of-Way. D. Ratifying and confirming the Mayor's execution of the Hazard Mitigation Grant Program application for the generator at the Animal Control Facility. F. Accepting the May 2014 Property Tax Report. G. Approving the minutes of the June 2 and June 21, 2014, Council Meetings. Seconded by Councilmember Rockey. The motion was approved unanimously. **Councilmember McGinnis moved to not approve Consent Agenda Item E. Authorizing Council to invoke Rule 1(A) of the Rules of Procedure to schedule the starting time for the August 4, 2014, City Council meeting to 1:00 PM instead of 4:30 PM. Seconded by Councilmember Rockey. Discussion took place between Mayor and Council regarding scheduling conflicts for the proposed 1:00 PM City Council meeting on August 4, 2014, suggestions were made to have a special meeting at the' library or to schedule a workshop for budget only on August 4, 2014. I ***Councilmember Scott amended the main motion to add an agenda item for a workshop beginning at 4:30 PM on August 4, 2014, to discuss the budget. Seconded by Councilmember Rockey. The amended main motion was approved unanimously. The meeting was adjourned at 8:19 PM. ' Mayor Ke Holland Attest: F�tIENp04-0o . Melinda Welsh, TRMC � , o City Secretary co •'••'9TF OF. E.•'