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HomeMy WebLinkAboutCC Minutes 2015-01-05 Regular 01/05/15 4375 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( JANUARY 05, 2015 )( I MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JANUARY 05, 2015, AT 5:30 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 JIM HILL COUNCILMEMBER STEVE ROCKEY COUNCILMEMBER BILLY ENOCHS COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER JOHN SCOTT COUNCILMEMBER CARLGUSTAFSON CITY ATTORNEY CONNIE ACOSTA CITY MANAGER ROGER ROECKER I CITY SECRETARY MELINDA WELSH REGULAR SESSION Mayor Holland called the meeting to order. The invocation was given by Pastor Lynn Colby with Calvary Chapel. ' Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Craig Campbell, Friendswood resident, addressed Council and expressed his concern about his recent utility bill, has two meters and a sprinkler system, bill went up considerably after rate change, recent changes that Council made impacted him greatly, spoke to Staff and knows Council made a recent change at the last Council meeting which still will not help him, please take a closer look at what tool place and the changes that were made, does not use his sprinkler system often, and will be charged for them while not using. WORK SESSION Mayor Holland opened the discussion regarding an update on Capital Projects. Director of Public Works/City Engineer Patrick Donart stated progress has been made on Capital Projects since the December Council meeting. Staff has met with the architect and their sub-consultants to finalize the library expansion plans. Galveston County Consolidated Drainage District (GCCDD) has granted a request to utilize regional detention and waive the detention fee, and a drainage plan will be placed on the GCCDD agenda for approval in January. Staff continues to work with Texas Department of Transportation (TxDOT) on a permit for tying in utilities. Bid advertising will begin in January 2015. The review committee for Fire Station No. 4 expansion and the new fire station at the Public Safety Building have investigated references and visited existing structures in the solicitation for "Construction Manager at Risk" services and Staff will be making a recommendation to Council later in the meeting. The committee is continuing to work with the architect on the schematic layouts for the buildings. The report for the Sportspark improvements has remained the same over the last three months. Staff is looking into different aspects and has spoken to Jamail Smith for options, there is a possibility that the City could provide their own project Manager, is being mindful of spending taxpayer money, and should bring a recommendation to Council within the next couple of months. Staff has reviewed and returned the 60% submittal plans to the architect for the basketball pavilion at Centennial Park. The Whispering Pines I 01/05/15 4376 Avenue/Friendswood Link Road expansion project is currently under construction and is 24% complete. The contractor has closed the intersection of David Glenn Drive and Friendswood Link Road. Upon completion of this intersection, the contractor will close the intersection of Hibiscus Lane and Friendswood Link Road to continue construction efforts. The Baker Road project is substantially complete and a walk-through of the project was conducted on December 16, 2014. Staff plans to provide a recommendation regarding the Inflow\Infiltration Study to Council at the February Council meeting. Mayor Holland opened the discussion regarding local sales tax options. Mayor, City Council, ,and Staff discussed the remaining % cent sales tax as an alternative revenue resource available to help provide quality services to the citizens of Friendswood. The consensus of Council was the remaining '/2 cent sales tax should be split between street repairs and maintenance, economic development, and a Fire/Emergency Medical Services District. There is a need throughout the City for infrastructure, is estimated that 40% of sales tax is paid by people who live outside of the City of Friendswood, and they are using the City's infrastructure and streets. An advisory group of citizens should be formed to review the sales tax options, similar to the Citizens Bond Advisory Group, will provide Council with facts and not assumptions, Council can narrow items for the group to review. At the February Council meeting, Staff will bring back a list of the sales tax options available and which would require a second governing body to be created. Mayor Holland opened discussion between Council, Staff, and the Planning and Zoning Commission regarding Landscaping and Screening Requirements located in Section 8, Supplementary District Regulations, of the Zoning Ordinance. Planning and Zoning Commission Chair Mark McLean opened the Planning and Zoning Commission's portion of the Joint Work Session. Planning Manager Nick Haby stated in Section Eight of the City's Zoning Ordinance residential and nonresidential uses that are adjacent to each other are required to have a ten foot open space landscape buffer and an eight foot high opaque fence or wall between them. This ' screening is designed to mitigate any nuisances that might exist between them. There is a provision in the ordinance that waives the requirement for the ten foot buffer and wall if the zoning districts in question are separated by a public street, drainage ditch, or canal, which are a minimum width of 30 feet. Staff would like to discuss with Council and the Planning &Zoning Commission the possibility of amending this section of the code to not require the buffering/screening if any type of driveway, street, access easement, ditch and canal at least 30 feet wide exists between the two uses. Private streets would still require a ten foot buffer but no wall. Mr. Haby showed an example of a current piece of property that will be developed in the near future that has brought this issue to Staffs attention. Discussion took place between Mayor, Council, the Planning and Zoning Commission, and Staff regarding the developer could go before the Zoning Board of Adjustment and Appeals (ZBOA), zoning or commercial issues are not brought before the ZBOA very often, if desired Council could look on a case- by-case basis, and Staff's recommendation is to change the ordinance. The Planning and Zoning Commission would like to have the discretion to look at the requirements in the ordinance and make it an easier process for the developer, does not see the purpose an opaque fence serves in this situation. The consensus of Council was for the Planning and Zoning Commission to move forward. Planning and Zoning Commission Chair McLean adjourned the Planning and Zoning Commission's portion of the Joint Work 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 551.071 -Consultation with Attorney regarding pending or contemplated litigation. (Wight Realty Interests, Ltd., vs. City of Friendswood), Section 551.072 - Deliberation regarding real property. (Parkland development; legal advice only regarding potential development of real property located within the City of Friendswood), and Section 551.087 - Deliberation regarding economic development negotiations; to 01/05/15 4377 i deliberate the offer of a financial or other incentive to a business prospect. i RECONVENE INTO OPEN SESSION I Council reconvened into Open Session with action taken later in the meeting regarding Sections 551.072 and 551.087. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS Mayor Holland presented a proclamation to Community and Economic Development Member Mark Conrad and Economic Development Coordinator Karen Capps declaring 2015 as the Year of Business. JOINT PUBLIC HEARINGS Mayor Holland and Planning and Zoning Commission Chair Mark McLean called a Joint Public Hearing to order to receive comments from the public, both oral and written, regarding a zone classification change request for a property located at 108 West Edgewood, Galveston County, to change from Community Shopping Center (CSC) to Community Shopping Center-Specific Use Permit (CSC-SUP) to allow NAICS Use No. 8131, Religious Organizations(New Hope Community Christian Church). Planning and Zoning Commission Chair McLean asked if anyone would like to speak in favor of or in opposition of the request. Greg Crinion stated he represents the owner of the property at 106 North Friendswood Drive, adjacent to the property that is subject to the rezoning request, 2005 deed restrictions apply, and prohibits use for house of worship. ' Planning and Zoning Commission Chair McLean adjourned the Planning and Zoning Commission's portion of the Joint Public Hearing. Mayor Holland left Council's portion of the Joint Public Hearing open. Mayor Holland and Planning and Zoning Commission Chair Mark McLean called a Joint Public Hearing to order to receive comments from the public, both oral and written, regarding amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to Section 20. Definitions P. Home Occupations. Planning and Zoning Commission Chair McLean asked if anyone would like to speak in favor of or in opposition of the request. Al Sailor, Friendswood resident, stated he is against the ordinance as written, intent may be good but terminology could be a threat to his company, has a company that does skydive demonstration jumps, issue is whether he can maintain his six cylinder aircraft, remove terms that refer to the number of cylinders of an aircraft and possible other equipment as well. Tommy Stoneman, Friendswood resident, stated he flies an aircraft coast to coast, a relevant component in his business is to hire an Airframe and/or Powerplant (AP) Mechanic to work on his aircraft, the ordinance as written could infringe on his ability to operate his business, restricting maintenance to more than one cylinder would hinder him from running his business. Dave Forsher, Friendswood resident, stated he thinks the intent of the ordinance is good but wording could get in the way, has a hobby car, had a friend come over and do welding, if friend asked to be paid for wielding could have been a problem with this proposed wording. 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. COMMUNICATIONS FROM THE PUBLIC I 01/05/15 4378 Don Johnson, Friendswood resident, addressed Council and stated he would like Council's support to be appointed to the Harris-Galveston Subsidence District, gave his history on the committee as a county appointee and would like the support of his hometown to be a city appointee. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Zoning Board of Adjustment and Appeals (ZBOA) Chair Ron Dyer gave the annual report, gave a description of the three cases that came before ZBOA over the past year and their outcomes. CITY MANAGER'S REPORT City Manager Roger Roecker reported that the Annual Tree Giveaway sponsored by Keep Friendswood Beautiful (KFB)will be held at Friendswood City Hall, on January 17, 2015, from 8:00 AM to 10:00 AM, or until all the trees are gone. The trees were chosen based on their suitability for this area. Over 100 — fifteen gallon container trees up to eight feet tall will be given away to residents, only one tree per family. KFB will also have information on each species with planting instructions as well as educational information on recycling, reducing, and reusing waste around the home. A Master Gardener will also be on hand to explain how to keep the trees thriving and answer any questions specific to the trees. While the trees are free to attendees on a first-come, first-serve basis, KFB appreciates any and all donations to help with their projects. For more information and/or to make a donation, please check the City's website or contact the Community Services Department. The City Manager reported that as part of the Library's expansion and renovation, brick pavers will be installed around the Library's exterior. The Library would like to invite citizens to purchase a brick paver that will be installed in either the new main courtyard or children's courtyard. The pavers are 4" x 8" in size. Citizens that purchase a paver will be able to choose the installation area and specify the , personalized message to be engraved on the paver. The cost of a paver is $100, the donation is tax deductible, and all proceeds benefit the Friendswood Public Library. To purchase a paver, please visit the City's website or contact the Friendswood Public Library. The,City Manager reported that every year in December, the City recognizes its employees for their years of dedicated service. Awards are given in five year increments and presented at the Employee Christmas Party. The City appreciates all of its employees across all departments and the hard work they do to provide the highest level of service for the citizens of Friendswood. The City Manager showed a video of the fireworks show during Santa in the Park, and thanked the Community Services Deportment for their hard work at all their December events. Councilmember Rockey thanked the Police Department who worked hard at the Santa in the Park event. ACTION ITEMS **Councilmember Rockey moved to approve reinstating the Appointment Policy for Boards, Committees, and Commissions with amendments. Seconded by Councilmember McGinnis. Discussion took place between Mayor, Council, and Staff regarding committee members terms, all applicants should be given an opportunity to serve, should all committees follow the Open Meetings Act or only the Planning and Zoning Commission, Zoning Board of Adjustment and Appeals, and the Construction Board of Adjustment and Appeals, policy needs to be in place as a standard, and the Friendswood Volunteer Guidebook could apply to advisory committees. ***Councilmember Enochs amended the main motion to state that the Appointment Policy for Boards, Committees, and Commissions with amendments be approved, and only apply to the Planning and Zoning Commission, Zoning Board of Adjustment and Appeals, and the Construction Board of Adjustment 01/05/15 4379 i and Appeals. Seconded by Councilmember Scott. The amended main motion failed 1-6 with Mayor Holland and Councilmember Hill, Rockey, McGinnis, Scott, and Gustafson opposed. Discussion took place between Mayor, Council, and Staff regarding that the policy should apply to all committees, term limitations, and when should existing committee member's terms begin if policy is adopted. Section 4.06 of the policy needs to be amended to state officers/members of the Planning and Zoning Commission, Zoning Board of Adjustment and Appeals, the Construction Board of Adjustment and Appeals, and the Charter Review Commission are required to be residents of the City of Friendswood. ****Councilmember Rockey amended the main motion to state that the Appointment Policy for Boards, Committees, and Commissions with amendments be approved with amendments to Section 4.06, and with the adoption of the policy every committee member's term will start at year zero. Seconded by Councilmember Scott. The amended main motion was approved unanimously. **Councilmember Hill moved to approve the disposition of RFP No. 2014-08 for the Construction Manager at Risk of Fire Station No. 4 Renovation & Addition/New Fire Station at the Public Safety Building and award to Durotech, Inc. Seconded by Councilmember McGinnis. The motion was approved unanimously. **Councilmember Scott moved to approve a Chapter 380 Business Incentives Grant application for economic development with Destination Holdings, LLC, for Townes Square Center at 3800 East FM 528 and authorize the Mayor to execute the agreement. Seconded by Councilmember McGinnis. The motion was approved unanimously. **Councilmember Hill moved to approve the appointment of Glenn Mintz as an alternate member to fill a ' vacancy of an unexpired term on the Zoning Board of Adjustment and Appeals with a term to expire July, 2016. Seconded by Councilmember Rockey. The motion was approved unanimously. ' Mayor Holland recused himself for a conflict of interest. **Councilmember Rockey moved to approve authorizing the Mayor Pro Tem to execute a license and indemnity agreement between the City of Friendswood, Kevin Holland, and Esteban Pina related to the installation of a fence within the right-of-way of Crawford Drive. Seconded by Councilmember McGinnis. The motion was approved 6-0 with Mayor Holland recusing himself. RESOLUTIONS **Councilmember Rockey moved to approve Resolution R2016-01 -A resolution of the City Council of the City of Friendswood, Texas, establishing and adopting the Economic Development Policy for the City. Seconded by Councilmember McGinnis. The motion was approved unanimously. **Councilmember Scott moved to approve Resolution R2015-02 -A resolution of the City Council of the City of Friendswood, Texas, determining that land is needed for the construction, operation, and maintenance of a future park; accepting the dedication of said land from the estate of Lundy Lane, LLC, property owners. Seconded by Mayor Holland. The motion was approved unanimously. ORDINANCES **Councilmember Hill moved to approve the Second and Final reading of Ordinance No. 2014-37 - An ordinance amending the Code of Ordinances, Friendswood, Texas, relating to the prohibition of illicit synthetic drugs; containing findings and other provisions relating to the foregoing subject; declaring certain conduct to be unlawful and providing a penalty therefore; providing for severability; and declaring 01/05/15 4380 an emergency. Seconded by Councilmember Rockey. The motion was approved unanimously. **Councilmember Rockey moved to approve the Second and Final reading of Ordinance No. 2014-38 - An ordinance amending Appendix A of the Code of Ordinances of the City of Friendswood, Texas, being the City's Sign Ordinance, by amending various sections therein; 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 Rockey moved to approve the Second and Final reading of Ordinance No. 2014-39 - 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 Hill.The motion was approved unanimously. Discussion took place between Mayor, Council, and Staff regarding complaints received, different meter sizes, one meter on an account versus two meters on an account, current rates are conservation rates, a different concept of how rates were previously figured. **Councilmember McGinnis moved to approve the First reading of Ordinance No. T2015-01 - An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Chapter 86, Utilities, Sections 86-94 and 86-95; providing rules and regulations governing adjustments of water usage bills due to defects in customer lines, and adjustments of water usage bills due to unusual and inexplicably large usage; providing for a penalty of an amount not to exceed $500 per violation; and providing for severability. Seconded by Councilmember Enochs. The motion was approved unanimously. **Councilmember Scott moved to approve the First and Final reading of Ordinance No. 2015-02 - An ' ordinance amending City of Friendswood, Texas, Ordinance No. 2014-29, passed and approved October 6, 2014, same being an ordinance approving and adopting the City's General Budget for Fiscal Year 2014-2015 by approving "Budget Amendment V" to the "Original General Budget of the City of Friendswood, Texas, for the Fiscal Year 2014-2015"; 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. Planning Manager Nick Haby reported that the Planning and Zoning Commission's vote for Agenda Item 19F, an ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C, "Zoning," by amending the zoning classification for 108 West Edgewood Drive, a 5.6008 acre tract of land, Restricted Reserve"A" out of the partial replat of Friendswood Square Reserve"A", a subdivision of 6.1227 acres of land being a replat of Restricted Reserve "A" Friendswood Square, recorded in Volume 2005A, page 62 of the map records of Galveston County, Texas, rezoning such property from "Community Shopping Center" (CSC) to"Community Shopping Center—Specific Use Permit" (CSC-SUP) to allow NAICS Use No. 8131 —"Religious Organizations"was approved 6-0. **Councilmember Scott moved to approve the First reading of Ordinance No. T2015-03 - An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C, "Zoning," by amending the zoning classification for 108 West Edgewood Drive, a 5.6008 acre tract of land, Restricted Reserve "A" out of the partial replat of Friendswood Square Reserve "A", a subdivision of 6.1227 acres of land being a replat of Restricted Reserve "A" Friendswood Square, recorded in Volume 2005A, page 62 of the map records of Galveston County, Texas, rezoning such property from "Community Shopping Center" (CSC) to "Community Shopping Center—Specific Use Permit" (CSC-SUP) to allow NAICS Use No. 8131 —"Religious Organizations'; 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 McGinnis. The motion was approved 5-2 with Councilmembers McGinnis and Gustafson opposed. 01/05/15 1 4381 Discussion took place between Mayor, Council, and Staff regarding deed restrictions cannot be enforced by the City, is a civil matter, and the tax impact of taking the property off the tax rolls for a church is unknown. ***Councilmember Rockey moved to table the First reading of Ordinance No. T2015-03. Seconded by Councilmember Gustafson. The motion to table failed 3-4 with Mayor Holland and Councilmembers Hill, Enochs, and Scott opposed. i Planning Manager Nick Haby reported that the Planning and Zoning Commission's vote for Agenda Item 19G, an ordinance amending Appendix C — "Zoning," Section 20, "Definitions", Paragraph P. "Home Occupation"to revise and update the definition of such term was approved 6-0. **Councilmember Rockey moved to approve the First reading of Ordinance No. T2015-04-An ordinance amending Appendix C — "Zoning," Section 20, "Definitions", Paragraph P. "Home Occupation" to revise and update the definition of such term; providing a penalty for violation in an amount not to exceed $20001, 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. Discussion took place between Mayor, Council, and Staff regarding the wording of certain sections of the ordinance, and the enforceability of ordinance by Staff:,.' ***Councilmember Rockey amended the mairi'rriotion to accept the ordinance but strike Section No. 9 from the ordinance. Seconded by Councilmember Hill. The am ended,-main;motion was approved 6-1 with Councilmember Gustafson opposed. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEIUBERS 1 r ,.`Y > Councilmember McGinnis stated at Santa In tlie'Pa�k, he'ran into a few Friendswood Police Officers, thanked the Police Officers for the job they do, wanted to publically thank the Friendswood Police Chiel and the Police Department, the City appreciates them and honors their service, and are thankful for them. Councilmember Hill stated he agreed with Councilmember McGinnis's statement regarding the Police Department, enjoyed the Christmas party with employees and their families, and was a great evening. Councilmember Rockey stated he did a four hour ride-along with the Friendswood Police Department, was impressed with the officer's approach, was a lot of fun, thanked the Police Department for catching the alleged individuals who had been ransacking people's cars, one of the individuals was an acquaintance of his son, and he was not surprised. Mayor Holland apologized for missing the Santa in the Park event, wished everyone a Happy New Year, asked Friendswood Police Chief Bob Wieners to pass on Council's sentiments to his employees. Councilmember Enochs, Scott, and Gustafson stated they had nothing to report. CONSENT AGENDA **Councilmember Hill moved to approve the Consent Agenda as presented with the exception of Agenda Item A: B. Authorizing the disposal of a Police Department vehicle through Houston Auto Auction and in accordance with the Vehicle Replacement Fund. C. Accepting the November 20141 Property Tax Report. D. Approving the Minutes of the November 3, December 6, and December 8; 2014; ' Council Meetings. Seconded by Mayor Holland. The motion was approved unanimously. **Councilmember Hill moved to approve Item A. Endorse the Mayor's appointment/reappointment of a I I 01/05/15 4382 Director to the Board of Directors of the Harris-Galveston Subsidence District to fill a term expiring January 31, 2015. Seconded by Mayor Holland. The motion failed 3-4 with Councilmembers Rockey, Enochs, McGinnis, and Gustafson opposed. Discussion took place between Mayor, Council, the City Attorney, and Staff regarding clarification that approving the motion would endorse the Mayor's designation, the regulations governing the Harris- Galveston Subsidence District state that the Mayor makes the designation. The meeting was adjourned at 8:58 PM. Mayor Kevin H and Attest: FRIEN lam' 'OF Os�•• Melinda Welsh, TRMC City Secretary •'9TF OF-C��P'•. 1