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HomeMy WebLinkAboutCC Minutes 2014-08-04 Regular 08/04/14 4312 I STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( AUGUST 04, 2014 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, AUGUST 04, 2014, AT 4:30 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS,i 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT, CONSTITUTING A QUORUM: MAYOR KEVIN HOLLAND MAYOR PRO-TEM JIM HILL COUNCILMEMBER STEVE ROCKEY COUNCILMEMBER BILLY ENOCHS COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER JOHN SCOTT COUNCILMEMBER CARLGUSTAFSON CITY ATTORNEY ARNOLD POLANCO CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH REGULAR SESSION I Mayor Holland called the meeting to order. The invocation was given by Mayor Holland. ' Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Kenneth Kruse, Friendswood resident, addressed Council and stated he lives in the Forest of Friendswood subdivision, is here to discuss Agenda Item 5 B, discussion regarding home occupation businesses. A circumstance has come to his attention, first from last month's Council meeting and then from a request to his Homeowner's Association (HOA). The HOA board was approached by a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agent soliciting the HOA's support in a hearing concerning a resident's application regarding a license. The agent stated in his email that he had been charged with making sure federal, state, and HOA deed restrictions are followed, further communication with the ATF agent resulted in learning that the ATF is also enforcing City zoning ordinances. The resident involved with the license has had his license confiscated based on the fact that he was in violation of the City zoning ordinance. He stated he learned this past weekend that another resident in the City of Friendswood was recently impacted in the same manner and has now lost his means of earning an income. Mr. Kruse further stated he is concerned with the fact that the Department of Justice (DOJ) has decided that they need to step in and enforce the elements of the City zoning ordinances and HOA deed restrictions, remembers from high school civil course that City zoning ordinances and HOA deed restrictions are based in civil court law, not federal statutes and DOJ would only become involved if discrimination was involved. Mr. Kruse stated he believes the DOJ is the party showing discrimination in these cases, sights are set on a specific type of business, have stepped in and are trying to enforce from a federal level. In order to make sure discrimination does not occur it becomes incumbent on the City and the HOA to follow the lead of the DOJ and assure there is absolutely no businesses of any type operating with similarly zoned districts. Individuals selling Pampered Chef, Tupperware, Mary Kay Cosmetics, Premier Jewelry, or AdvoCare could not operate an at-home business. With concurrence of Council, Mr. Kruse was allowed extra time to speak during the Communications from the Public portion of the agenda. 08/04/14 4313 Mr. Kruse continued by stating that administrative law generated by those unelected have created the problem and has led to contradictions. The Internal Revenue Service (IRS) has established that home based businesses are acceptable but the Department of Justice (DOJ) is determining they are not acceptable. City officials can amend the City ordinances to quickly resolve the issue, urges the City Council to take quick action to correct the injustice. Michael Wood, Friendswood resident, addressed Council and stated he would like to apologize for his part of the fiasco at the last Council meeting, erred and apologized for that, Robert's Rule of Order took a beating, is not a member of an animal rights group, Friendswood Animal Advocates, or Friendswood Animal Control, has spoken at Council meetings for over 20 years, when speaking he only represents himself, attempts to intimidate or sanction his wife or her organization for his actions only strengthen his resolve, assume actions taken by a Councilmember last week were his actions and not those of the entire Council as he professed. Cathy Barido, Friendswood resident, addressed Council and stated she has been a volunteer for Friendswood Animal Control (FAC) for two and a half years, have noticed volunteers are waning and morale is low due to the recent departure of the shelter manager and the mentality of FAC as it relates to the care of the animals. Part of FAC's job is to maintain the shelter and impoundment area daily in a clean and sanitary manner, is not being performed on a daily basis, has cleaned the kennels herself, does not agree with the utilization policy, please realize the animals are in a kennel almost 24 hours a day, if not for the volunteers they would never see the outside of a kennel. If the current mentality continues, FAC will become nothing but a slaughterhouse. Since Council approved to have the animal shelter built they should want to see it succeed. The City of Friendswood was recently named as one of the safest cities to live, does not apply to animals. What is the City's plan for the FAC volunteer program to flourish, does Council care if there is a volunteer program. Daryl Hopkins, Friendswood resident, addressed Council and stated he would like to discuss Code Section 54-9 Noisy animals, has 15 dogs that surround his house, lives off of Maplewood Drive, complained about one dog in particular, wears headphones and earplugs to block out noise, does not like to be at home due to the noise, nobody cites the offenders and does nothing about it, Police Department drives up and listens and is hard to tell whose house has the barking dog. Robert Eason, Friendswood resident, addressed Council and stated he has lived in Friendswood for 30 years, neighbor runs a lawn service from his home, violates deed restrictions and have been trying to work through the Homeowner's Association to get some resolve, has a large amount of fertilizer in his garage, cited several examples of when fertilizer has exploded, how many others have this type of business in their neighborhood, is highly flammable. WORK SESSION Mayor Holland opened the discussion regarding the City's proposed Fiscal Year 2014-2015 General Fund Budget. City Manager Roger Roecker introduced the work session and Administrative Services Director Cindy Edge spoke and explained the budget process. Ms. Edge presented a PowerPoint presentation regarding the proposed budget, Multi-Year Financial Plan (MYFP) is the first step, looks at a five-year forecast of revenue and expenditures, brought to Council in the spring, Council input and direction is received, identify priorities, and then the proposed budget is produced. The budget development process consists of revenue projections, current service expenditures, Forces at Work and Decision Packages to produce the proposed budget. Fiscal Year 2015 budget priorities are funding for street maintenance from current resources, limiting operation and maintenance (O&M) impact of bond funded projects, fiscal responsibility, public safety, and evaluating potential uses of the remaining '/2 cent sales tax. City-wide service level adjustments which include Vehicle Replacement Fund, update insurance to current rates, and eliminate all capital from current services budget, future capital needs will come from Decision Packages. Ms. Edge explained cost-cutting measures that were done throughout the City. Deputy Director of Fiscal Operations, Katina Hampton, continued the presentation with the Fiscal Year 2015 proposed budget revenue which is $48.9 Million, property tax levy of$15 Million based on projected net taxable value, projected Effective Tax Rate of $.05744, charges for services such as water and sewer i 08/04/14 4314 fees of$10.7 Million, miscellaneous receipts include$9.653 Million in Bond proceeds and other donations to the City, refuse fee, and various other items of $10.5 Million, sales tax projection of $4.6 Million, intergovernmental revenue of$3.1 Million, and other revenue of$5 Million which includes franchise taxes, internal lease proceeds, etc. Discussion took place between Mayor, Council and Staff regarding tax revenue, increase in debt off of the sale of bonds in 2015 would be reflective in the 2016 tax rate, plan is to sell bonds every 2 years in 2015, 2017, and 2019. Property tax values have been received by Galveston County, waiting on Harris County tax values, should receive confirmed values from Harris County by the end of August or the first week in September, proposed budget numbers are based on estimates from Harris County. Funds were; borrowed from the General Fund to start some of the bond projects, once bonds are sold, the funds will' be paid back to the General Fund. The City has held the Effective Tax Rate for at least six years, if the Effective Tax Rate is used there will be$3 Million in the above 90-Day Reserve Fund. Deputy Director of Fiscal Operations Katina Hampton continued the presentation with the Fiscal Year 2015 proposed budget expenses of$42.6 Million, salaries and benefits of$17.8 Million with additions of one Police Officer and one Multimedia Communications Specialist, reduction of one part-time! Administrative Clerk and a reorganization of the Engineering and Capital Projects Divisions, supplies off $1.3 Million, maintenance of $1.1 Million, services of $9.1 Million, capital improvements of $7.4 Million, and debt service obligations of$5.2 Million. i Administrative Services Director Cindy Edge clarified that there is $2.1 Million available in the 90-Day; Reserve Fund, borrowed $1.1 Million for the bond projects to be started and, $1 Million is currently available. i Discussion took place between Mayor, Council, and Staff regarding that a compensation study has been' performed and will be coming before Council prior to Council approving the budget. Staff is trying to make any adjustments needed in the current year's budget as a solution to present to Council. The new, enterprise software is not listed in the proposed budget. Staff will be presenting Council with some finance options. Capital projects needed at the Blackhawk Wastewater Treatment Plant plant were not included in the proposed budget, are hoping the Gulf Coast Waste Disposal Authority will issue their own bonds for the project and the City will reimburse their portion of the costs, projected to occur for Fiscal Year 2016. An explanation was given of the $5.2 Million in debt services obligation, current year tax debt service is the general obligation debt service payments total $1.6 Million, water and sewer side for[ revenue bonds previously issued was$3.3 Million. Administrative Services Director Cindy Edge continued the presentation with General Fund funded Forces at Work/Decision Packages,which includes several items totaling$119,328 in Forces at Work and a total of$387,946 in Decision Packages with a grand total of$507,274. City Manager Roger Roecker stated one of the Decision Packages is under his department which is the Multimedia Communications Specialist and gave reasons why it was needed such as monitoring and updates of the Public, Education! and Government (PEG) Channel, social media, website, newsletter, and other media outlets. Staff has spent many hours debating social media, other cities have three or four employees to handle these duties, aid in better communication with citizens. Discussion took place between Mayor, Council, and Staff regarding social media, the City of League City gave a presentation at a Galveston County Mayor's and Councilmembers' Association meeting regarding the power of social media, offered to help any neighboring cities, the City Manager stated Staff has met with the City of League City and the City of Pearland's communication Staff and received good advice, need to investigate pros and cons of possibly contracting with a social media company instead of hiring a full-time employee. The officer-to-population ratio was discussed, have added one to two officers each year, have kept up with population growth, lowest crime rate in Houston area, suggested ratio is one and ' a half officers for every 1,000 residents, compares favorably locally. Administrative Services Director Cindy Edge continued the presentation with the Water and Sewer funded Forces at Work/Decision Packages with Forces at Work totaling $620,026 and Decision Packages 08/04/14 4315 totaling $133,803 with a grand total of$753,829. Deputy Director of Public Works Rene Ibarra explained about the Blackhawk Wastewater Treatment Plant operational costs of$522,609 in Forces at Work and ' increased electricity of$11,641. Discussion took place between Mayor, Council, and Staff explaining that the increase in electricity is needed throughout the system not at the wastewater treatment plant, places such as lift stations and other places throughout the City. At this time last year, average was $1.40 per thousand gallons, has only been a month or two months since the new system was installed. Staff is looking for cost to be lowered but do not want to bank on it, should see seasonal fluctuations, will need a full year to capture true cost. City of Friendswood shares capacity of the Blackhawk Wastewater Treatment Plant. Friendswood's portion of the responsibility is 52% of the costs of the facility. The projected savings when the ultraviolet system was presented to the City was $52,000 annually, increased electricity is due to an additional blower being operated in the aeration system and the Gulf Coast Waste Disposal Authority recently renegotiated their electricity contract with their provider and their rate was increased by a few cents. Consensus of Council was to have a discussion on a future agenda regarding the Blackhawk Wastewater Treatment Plant. Administrative Services Director Cindy Edge continued the presentation with the funded Decision Packages of Friendswood Volunteer Fire Department (FVFD) Fire/Emergency Medical Services (EMS) donations fund balance with a total of$385,000. Unfunded Decision Packages were listed in detail. Discussion took place between Mayor, Council, and Staff regarding the Unfunded Decision Packages, and Staff has prioritized Decision Packages. Friendswood Volunteer Fire Department requested three new positions, would provide a paid supervisor on Staff at the Fire Station at all times, if all Unfunded Decision Packages were done on the list up to hiring one full-time paramedic, the tax rate would be lowered to $0.58957, tax rate could change slightly since tax values from Harris County are estimated. Staff is currently evaluating the contractor that was going to do the repairs to the Animal Control Center ' floor to use the funds for the Jones Hangar floor replacement. Suggestion was made to cut the requested clerk at the Animal Control Center and use the funds to add two full-time paramedics. The City Manager stated there is more to discuss from each department, but running out of work session time, Ms. Edge will discuss the legal requirements to complete the budget work session. Administrative Services Director Cindy Edge continued the presentation with the legal requirements depending on the tax rate adopted, cannot adopt the tax rate until certified values are received from Harris County. Option No. 1, if Council decides to go with the Effective Tax Rate, a budget work session with Council and a Public Hearing at the September 8, 2014, Council meeting, budget and tax rate adoption would be on October 6, 2014. Option No. 2 goes into effect if Council choses a tax rate other than the Effective Tax Rate, a budget work session with Council, Public Hearing, and record Council vote on the tax rate at the September 8, 2014, Council meeting, budget adoption on October 6, 2014, and tax rate adoption on October 9, 2014. Option No. 3 is an alternative option if Council chooses a tax rate other than the Effective Tax Rate, a budget work session with Council, Public Hearing, and record Council vote on the tax rate at the September 8, 2014, Council meeting, budget and tax rate adoption would be on October 9, 2014. Discussion took place between Mayor, Council, and Staff regarding what Staff learned by doing a new budget process, Staff took it seriously, scrubbed the budget, City-wide found small line items that needed to be moved, reallocated certain items throughout each budget, process of trust and verify. The Police Department has a radio project coming up, will make an impact on the budget the next few years, radio system must be digital by the end of 2015, will get done by August of 2014, new radio system will mean replacement of all radios by 2017, got started this past year with consoles which were grant funded, and Fire Marshal Terry Byrd will work on grants for funding the project, and Staff is looking into financing options for what is left over/not funded. Mayor Holland opened the discussion regarding home occupation businesses. Planning Manager Nick ' Haby presented a PowerPoint presentation on home occupations which is defined in the City's zoning ordinance, definition is an occupation in a residential unit which is clearly incidental and subordinate to 08/04/14 4316 Ile use of the premises for dwelling purposes, no retail business of any sort is involved, no stock in trade is kept nor commodities sold except those made or used on the premises, only members of the family1 residing on the premises are employed, no internal or external alterations, special construction or features; are involved, no advertising on the premises/no variation from the residential character of the main' building or any accessory building, no equipment that creates offensive noises, odors, glare, etc., vehicles in conjunction with the home occupation must be parked completely in the driveway without blocking the' sidewalk, home occupation must not change the character of the residential area, no repair of racing,' automobiles. Registered child care homes or licensed child care homes are not recognized as home; occupations, a personal care facility is not recognized as a home occupation, and off-site personal services such as lawn care or maid services do not constitute a home occupation. Possible changes that; Staff recommends are to allow a'defined quantity of stock/commodities to be kept at the home, allow; visits to the home for "retail" purposes, provided that visits do not change the character of the residential area, monitoring stock in someone's home may prove to be unfeasible by City officials. Discussion took place between Mayor, Council, and Staff regarding that there are some ways to bey flexible in the definitions of home occupation, need clarification as to why the federal government is getting involved and using City ordinances against small businesses, example was given of Joe Massey, Friendswood resident, that spoke at the July Council meeting. Mr. Massey does not have a lot of inventory, and there is not a lot of traffic in and out of his residence. Suggestion was made to amend the! ordinance to be a little more lenient but to still control issue that the City would like controlled, traffic flow) in subdivisions, hours of operation, and appearance of the residence. The federal government is stepping in and using City ordinances against the City of Friendswood's citizens, an overreach of the, federal government, home occupations are small time operations, and should let citizens live their lives.: Staffs recommendation was to remove the requirement that no retail business of any sort is involved and no stock in trade is kept nor commodities sold except those made or used on the premises. Consensus of Council was that the City does not want to get into keeping track of home occupation's inventory, ' Staffs recommendations should be vetted through the Planning and Zoning Commission, and bring amendments back to Council for approval. 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 isl based — Courteous, Competent, Reliable, Professional and Enthusiastic. The recipient for the second) quarter of 2014 is Alma Butler, Accounting Assistant in the Administrative Services Department, who has; been with the City since May of 2011. Mrs. Butler was nominated by a person who witnessed her assisting an elderly gentleman that was wheelchair bound get into his car in the rain during early voting. The City Manager thanked Mrs. Butler for her hard work. Accounting Assistant Alma Butler stated she is humbled, is nice to receive an award based on character; and prays she will continue to display goad character whether people are watching or not. City Secretary Melinda Welsh administered the Oath of Office for reappointment to Municipal Court Judge James Woltz and Associate Judge Richard P. Flake. Mayor Holland recessed the meeting at 6:39 PM and reconvened the meeting at 7:03'PM. COMMUNICATIONS FROM THE PUBLIC David Allen, Friendswood resident, addressed Council and stated he would like to speak on Bill Ayers; showed a picture of Mr. Ayers standing on an American Flag, had a printout of an article from the New York Times on Bill Ayers that he handed out to Council, Bill Ayers says he does not regret setting the ' bombs, father is Tom Ayers, wife kept talking about the Indonesian foreign exchange student they met who stated he would be president of the United States, communistic family, loves violence, read the mailman affidavit by Tom Ayers, point is local government is the most important, fear that these people have their finger on all kinds of buttons. 08/04/14 4317 COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS ' Community and Economic Development Committee (CEDC) Chair Pauline Moore presented the annual report and stated there are nine members of the committee that volunteer their time. Ms. Moore introduced the CEDC members who were present, Dr. Hilmar Zeissig, Bill Provenzano, Brett Banfield and recognized the members not present, Vice Chair Tony Annan, Mark Conard, Jeremy Magnuson, Skip Evans, and Marcus Perry, liaisons are Carol Marcantal, President of the Friendswood Chamber of Commerce, Trish Hanks, Superintendent of Friendswood Independent School District (FISD), Eva-Marie deCardenas with Clear Creek Independent School District (CCISD), Dan Seal, Executive Director of Bay Area Houston Economic Partnership (BAHEP), Bix Rathburn, Galveston County Economic Alliance, and Councilmember Gustafson. The liaisons have attended almost all meetings and the committee has learned a lot from them. The CEDC held 15 meetings in 2013, and eight so far in 2014. Some of the CEDC's accomplishments and recommendations over the past year are the CEDC drafted and approved the FM 528 Strategic Development Plan that was intended to be used as a tool for the City: It emphasizes that the FM 528 Business Corridor represents Friendswood's greatest commercial potential to diversify its "residential-heavy" property tax base. The CEDC met with 95% of the property owners of the undeveloped land along FM 528 and their input was included in the strategy. The strategy also took into consideration the 2013 Citizen Survey in which residents expressed their primary concern is a diversified tax base, and the importance of attracting businesses to the City of Friendswood such as retail, restaurants, and hotels. The CEDC shared the FM 528 strategy with the Planning and Zoning Commission, Parks and Recreation Board, and Keep Friendswood Beautiful for their consensus prior to presenting it to City Council. A few of the strategy's recommendations were to not allow downzoning of properties along FM 528, to consider allocating financial resources, incentives and infrastructure for undeveloped land, and to redirect subprime development away from FM 528 to less valuable commercial land within the City. CEDC hosted the 11th Annual Broker and Developer Day at Timber Creek Golf Club on October 17, 2013, in collaboration with the Friendswood Chamber of Commerce's Annual Golf ' tournament. Last year's event was held as a luncheon with a $1,500 sponsorship from CenterPoint Energy. CEDC Chair, Mayor Holland, and Friendswood Economic Development Coordinator Karen Capps spoke about business opportunities in the City of Friendswood. Dan Seal gave an overview of opportunities and growth in the region. There were eight real estate brokers with properties for sale or lease in the City who spoke about specific real estate opportunities available in the City of Friendswood. There were over 30 attendees and about 10 stayed after the workshop to play golf and network. CEDC provided input to the Planning and Zoning Commission regarding proposed changes to the City's Permitted Use Table, invited BPI's real estate broker to attend their meeting to give an overview of available properties located downtown and to discuss development ideas and possible assistance. BPI's broker conveyed that they wanted to attract desirable development that will have a positive impact for the City. On March 29, 2014, the committee participated in a joint retreat with Council to draft a set of economic development policies. CEDC has been working on these policies and looks forward to bringing those recommendations to Council with the overall goal to help diversify the tax base in the City. The committee is also planning the 12th Annual Broker and Developer Day that will be held at Timber Creek Golf Club on October 16, 2014. The committee would like to invite and encourage Councilmembers to attend the broker event luncheon, and if you play golf, stay and help be a spokesperson for the City by playing golf with guests who may be a real estate broker, developer, or business prospect, thanked Council for their continued support. CITY MANAGER'S REPORT Assistant City Manager Morad Kabiri reported that construction activities are well underway for the Friendswood Link/Whispering Pines road reconstruction/expansion project. At this time, new storm sewer lines are being installed and utility lines relocated.in preparation for the removal of the existing asphalt. Temporary pavement will be placed outside the current roadway in order to maintain traffic flow during construction, project is a month and half into its 14 month construction window. As the project progresses ' there may be lane closures and changing traffic patterns. An update on Bond projects was given, recently went through a qualification review for engineers to do the street design for the Round 1 Street Improvements, a design services contract should be on the September Council Agenda. Staff has been 08/04/14 4318 working with the architect for the design of the fire station project, have a draft Request for Qualifications I (RFQ) for a Construction Manager to do "Construction Manager at Risk", library design is well underway, preliminary layouts for the restroom facilities for the parks project have been received and Staff will be sharing the preliminary layouts with the Girls Softball Association. Residents seeking the latest' information on these projects are encouraged to contact the City's Project Manager, George Cherepes, or sign up for email notifications under the "Notify Me" link on the City's website and choose "construction updates". City Manager Roger Roecker reported that the City of Friendswood has been awarded a Bronze Scenic City Certification by the Scenic City Program. A newly certified city, Friendswood is one of 15 cities in the state to earn first-time or upgraded certification for the 2014-2019 time period. The Scenic City Certification Program is a project of Scenic Texas and its program partners, and is the first in the United States to incorporate a comprehensive set of model standards for design and development of public roadways and public spaces into one program. The program draws a direct correlation between the success of a city's economic development efforts and the visual appearance of its public spaces and recognizes municipalities that implement high-quality scenic standards. Earning certification requires that a city initially meet three criteria before applying to the program. These include having a strictly regulated and enforced sign code, a ban on new billboards, and a landscaping and tree planting program. Then, a city's existing standards are assessed and scored based on a model of some 70 plus possible criteria ranging from percentage of park and open space, strong litter enforcement laws, street lighting standards, to parking lot landscaping, utility line management, and more. Under the scoring system, an applicant, earns Recognized, Bronze, Silver, Gold or Platinum Certification. In granting the City of Friendswood its; Bronze certification, Scenic Texas took note of Friendswood's strong design and off-premise signage standards. Scenic City Certification program partners include the Texas Municipal League, Urban Land Institute—Houston, American Planning Association of Texas, Houston-Galveston Area Council, American Council of Engineering Companies of Houston, Keep Texas Beautiful, Texas Historical Commission, ' Texas Downtown Association, Scenic Houston and Scenic America, The City Manager reported that ZoomTens, a news, variety, and entertainment website recently rated the City of Friendswood as one of the 10 Best Cities in America to Raise a Family. Coming in at number seven on the list, Friendswood's low crime rate, household income, schools and location were cited as important factors that landed the City of Friendswood on the list. According to the website, Friendswood is a place for those looking for"the intimacy and communal friendship of a town that comes packed with a heaping spoonful of heart and positive pride". i The City Manager reported that in a recent list put together by the Real Estate website Movoto, the City of Friendswood came in at number three in the Top 10 Safest Places in Texas, while also listed as the safest city in the Houston metropolitan area. Calling the City of Friendswood "perhaps the friendliest- sounding place in Texas", Movoto reports that Friendswood lives up to its name, citing the low property and violent crime rates in the City. In ranking Texas cities, Movoto gathered a list of the top 100 most populous places in Texas that report crime data to the Census Bureau and used the latest Uniform Crime Report data from the Federal Bureau of Investigation (FBI). This recognition comes on the heels of a number of accolades that the City of Friendswood has received in recent years, including one of Business Week Magazine's Best Affordable Suburbs in 2009, one of Money Magazine's Best Places to Live in 2007 and 2009, one of Family Circle Magazine's Best Towns for Families in 2011, the 20th Safest City in the United States of America by Neighborhood Scout in 2013, and one of the 10 Best Cities in America to Raise a Family in 2014 by the website ZoomTens. Mayor Holland thanked Staff and volunteers for helping make the City of Friendswood what it is by doing the things they do. City Manager Roger Roecker stated the agenda for the Employee Benefit Trust meeting was not posted,' ' need to reschedule to have the meeting by the middle of August, consensus of Council was to meet August 18, 2014, at 5:30 PM. ACTION ITEMS 08/04/14 4319 **Approval of authorizing the monthly transfer of funds from the City of Friendswood to the City of Friendswood Employee Benefit Trust died for lack of a motion. **Councilmember Scott moved to approve the acceptance of a $10,000 donation from the Friendswood Rotary Club, the appropriation of funds, and authorizing the Mayor to execute a construction contract with Backyard Retreat for a pavilion near the Splash Pad in Stevenson Park in the amount of$33,987. Seconded by Councilmember Rockey. The motion was approved unanimously. Bill Provenzano and Jerry Ericsson with the Friendswood Rotary Club presented a check to Council. Councilmember McGinnis asked if there would be a sign on the pavilion to show the Friendswood Rotary Club's donation, and Bill Provenzano answered yes. RESOLUTION **Councilmember Hill moved to approve Resolution R2014-16 - A resolution of the City of Friendswood, Texas, supporting the "Ike Dike Project" for a coastal barrier to protect the Houston-Galveston region, including Galveston Bay, from hurricane storm surges; directing the City Secretary to send a certified copy of this resolution to Rear Admiral Robert Smith III, USN, President and Chief Executive Officer of Texas A&M University at Galveston. Seconded by Councilmember Scott. Discussion took place between Mayor, Council, and Staff regarding that Galveston County Consolidated Drainage District(GCCDD) passed a similar resolution and asked Councilmember Hill to bring to Council, project will take years to finish, will require federal funding, will save Galveston County with subsidence, raising tides, need to start now to get something in the process to protect the coast. Several ' representatives at a higher political station than Council have cautioned against supporting the "Ike Dike Project" because that is only one solution to the flooding concern, other solutions are being proposed and evaluated. Suggestion was made that Council should not support one singular project as a solution, resolution can be amended to support any and all storm surge protection plans. ***Councilmember Hill moved to amend the main motion to support any and all storm surge protection plans. Seconded by Councilmember Scott. The amended main motion was approved unanimously. ORDINANCES **Councilmember Scott moved to approve the Second and Final reading of Ordinance No. 2014-16 - 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' for severability. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Rockey moved to approve the Second and Final reading of Ordinance No. 2014-17 - 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 Enochs. The motion was approved unanimously. 08/04/14 4320 **Councilmember Rockey moved to approve the Second and Final reading of Ordinance No. 2014-18 - 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 4-3 with Mayor Holland and Councilmembers Rockey and Gustafson opposed. Planning and Zoning Commissioner David O'Farrell explained the Planning and Zoning Commission's ; (P&Z) concerns regarding the amendments, feel that the downgrading of the requirements for nonconforming structures is a step back for the Downtown District, P&Z wants to fill buildings, gave examples of buildings that have recently had expansions, if amendments are approved the building could have expanded and only done minimal improvements to the existing portion of the building, vast majority of citizens that P&Z spoke with have loved the expansion projects done. The City of Friendswood has never followed but has always been a leader, no surrounding cities lack nonconforming language, and many area cities are more Draconian. If the amendments are approved, the City of Friendswood would ; be the only City that does not have nonconforming structure upgrade requirements, creates a loophole. If new businesses are told that old businesses can stay and put lipstick on expansion portions only it could cause an abandonment of the Downtown District, new businesses will want to go to FM 528 and other areas where things are moving forward. P&Z's recommendation is that Council does not take action on the amendments, let P&Z review and take out the ambiguity language and make the ordinance clear to move the City of Friendswood into a bright future. Discussion took place between Mayor, Council, and Staff regarding that the Planning and Zoning Commission (P&Z) is willing to review the amendments, there is a lot of middle ground, and current ' wording is confusing and open for interpretation. Vacant buildings are eyesores in the Downtown District, language in amendments was an effort by Council to move away from vacant buildings and encourage businesses to come in at a lower cost. **Councilmember Rockey moved to approve the Second and Final reading of Ordinance No. 2014-19 - 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 McGinnis. The motion was approved unanimously **Councilmember Scott moved to approve the Second and Final reading of Ordinance No. 2014-20 - 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 Hill. The motion was approved unanimously. j **Councilmember Rockey moved to approve the First reading of Ordinance No. T2014-21 -An ordinance amending Ordinance No. 2012-04 in order to approve an annual rate adjustment as provided for in the City of Friendswood—IESI solid waste franchise. Seconded by Councilmember Hill. The motion was approved unanimously. I 08/04/14 4321 Discussion took place between Mayor, Council, and Staff regarding the Consumer Price Index (CPI) and fuel adjustment which is a total of 3.72%, Bureau of Labor Statistics states the national CPI is 2.1%, includes energy cost, requested fuel adjustment looks like a double bonus for the company. Rate increase per household would be .56 cents, fuel is one component but also includes tires, payroll, and other expenses the company incurs. Administrative Services Director Cindy Edge was asked to get clarification, and ask a representative from Progressive Waste Solutions to come to the September meeting. **Councilmember Scott moved to approve the First reading of Ordinance No. T2014-22 - An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix A—"Signs," Section 15., "Temporary Signs," Subsection 15.3., "Temporary Direction Signs" by revising, adding and updating regulatory requirements for temporary direction signs; 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 unanimously. **Councilmember Scott moved to approve the First and Final reading of Ordinance No. 2014-23 - 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 XI" 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 McGinnis. The motion was approved unanimously. **Councilmember Enochs moved to approve the First reading of Ordinance No. T2014-24 -An ordinance of the City of Friendswood adopting an amended Water Conservation Plan for the City of Friendswood to promote responsible use of water; providing a severability clause; providing a penalty for each day of ' violation of any provision hereof; providing for the disconnection of water service for noncompliance with the provision of water conservation plan; and providing an effective date. Seconded by Councilmember Hill. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember McGinnis stated he is now a member of the Galveston County United Board of Health and at the last meeting a member gave him a scientific report on the outbreak of the Norovirus that was present in the City pool last year, handed report to the City Manager. Councilmember Rockey stated at the Gulf Coast Waste Disposal Authority the City of Houston has 16% of the capacity, has issues with the project to solve the current toxicity issues, City of Friendswood could possibly gain some of the City of Houston's capacity. Mayor Holland stated he went to Rockford, Michigan for five days, the town has grown, best friend broke his neck in a car accident his senior year of high school, five years ago got into owning race cars and numerous people got together and surprised him with a stock car that he could pace the field in, if you put your mind to something you can do it, seeing him drive that car was very emotional, brother was behind him and gave him a few taps on the bumper, go visit Chuck Pearson in Rockford sometime. Councilmembers Enochs, Scott, and Gustafson stated they had no report. 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 September City Council meeting for September 8, 2014, due to the Labor Day holiday on Monday, September 1, 2014. B. Approving an amendment to the License and Indemnity Agreement with RB &VN Partners, LLC, for property located at FM 2351 and Woodlawn. C. Authorizing disposal of a Police Department vehicle through Houston Auto 08/04/14 4322 Auction and in accordance with the Vehicle Replacement Fund. D. Accepting the June 2014 Property Tax Report. Seconded by Councilmember Hill. The motion was approved unanimously. 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 551.074—Personnel Matters; (Animal Control/Shelter Employees). I RECONVENE INTO OPEN SESSION Council reconvened into Open Session with no action taken later in the meeting. The meeting was adjourned at 8:50 PM. i i I Mayor Kevi Iland Attest: roFFRIENbs��,. Melinda Welsh, TRMC — O City Secretary U •`•N ,:CO . TF OF CE.