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HomeMy WebLinkAboutCC Minutes 2015-05-04 Regular 05/04/15 4414 STATE OF TEXAS )( ' CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( MAY 04, 2015 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, MAY 04, 2015, AT 6:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 Si. 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 CARL GUSTAFSON CITY ATTORNEY ARNOLD POLANCO CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH REGULAR SESSION Mayor Holland called the meeting to order, gave the invocation and led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC ' Brady Mora, Friendswood resident, addressed Council and stated he was at the meeting to discuss the Whitcomb Property, afraid the property will become acres of concrete, does not want the City to lose any economic possibilities but believes the property is perfect the way it is, would only support soft development, could be similar to Armand Bayou Nature Center, Whitcomb Property is a jewel, should be nurtured and protected, did research on the Texas Parks and Wildlife website regarding nature tourism, the amount of income generated was astounding, property could be something that would last long after we are gone or it could be another office park, strip mall, restaurant, and there are plenty of these already, is something worth fighting for. WORK SESSION Mayor Holland opened the discussion regarding an update on Capital projects. Assistant City Manage Ir Morad Kabiri reported on the progress that has been made on Capital projects since the April Council meeting. Ardent Construction has completed Phase I demolition on the interior of the library for the expansion project. The North wall has been removed, and the generator has been decommissioned it preparation for the new construction. The Development Review Committee continues to work with the architect on the schematic layouts for the Fire Station No. 4 expansion and the new fire station at the Public Safety Building. Discussions have been held with the Development Review Committee, Volunteer Fire Department, Fire Marshal's office, and the architect to bring the project under the estimated budget amount. Durotech, Inc., was brought into the discussions in hopes to finalize the programing and layout. Staff plans to present the ideas developed to the Friendswood Volunteer Fire Department membership when the substantial plans are accepted. Once Staff receives the completed plans for the Sportspark improvements from the architect, bid packages will be put together to advertise for construction, which includes the development of technical specifications and contracts by Staff. The City will act as its own ' general contractor and contract for the various task or service oriented portions of the project. Staff is reviewing the 90% submittal drawings for the basketball pavilion at Centennial Park, which was received on April 20, 2015. The Splash Pad at Stevenson Park is scheduled for Grand Opening on May 22, 2015. Staff is 50% complete with renovating the old pool manager's office into an additional restroom, modeling 05/04/15 4415 efforts and final design plans are nearing completion for the bridge crossing Cowards Creek, and the City is under contract to secure additional nearby property to optimize the trail system alignment to and from , the bridge. Cobb, Fendley and Associates, Inc., have submitted the 90% submittal plans for Round 1 Street Improvements. Staff is in the process of reviewing the drawings and will determine the bid dates after the review is completed. The Whispering Pines Avenue/Friendswood Link Road expansion project is currently 37% complete. On the Galveston County side, the contractor is installing the storm sewer, water line, sanitary sewer lines, and beginning the paving work. The first portion of the paving work was scheduled to be paved on April 24, 2015. The reservoirs, pumps, and control room have been installed at Water Plant No. 7. The reservoir is complete at Water Plant No. 2 and the contractor is working on the foundation. The anticipated project completion date is Summer 2015. The Baker Road project has been completed and is included on the Consent Agenda for Council's approval. In regards to the 1776 Park improvements, Staff has been working with the Federal Emergency Management Agency (FEMA) regarding fencing requirements needed for the dog park, only certain types of fencing are permitted for the floodway to not impede flow during extreme storm events along Clear Creek. The fencing required is substantially more expensive than previously anticipated. Staff will propose an alternative location for the dog park later in the meeting. In regard to the trail system, an initial trail has been cut, and remaining sections will be constructed after a decision is made regarding the location of the dog park. A canoe portage is being discussed, but Staff has encountered difficulties regarding the need for a permit from the Army Corps of Engineers, and alternatives are being evaluated to eliminate the need for a permit and still be cost effective. Discussion took place between Mayor, Council, and Staff regarding an update on Lake Friendswood, West Ranch Subdivision is starting to develop their Austin Chase Phase 2 portion of the development which will include the parking lot for Lake Friendswood, Staff has had discussions with Friendswood Development Company regarding the design of the pavilion and restrooms, other amenities are in the infancy stage of design, current issue is accessibility to the area the City would be developing, estimated completion date of April 2016, and Staff will focus their efforts on speeding up the project as opportunities ' become available. 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 Interest, Ltd., vs. City of Friendswood). RECONVENE INTO OPEN SESSION Council reconvened into open session with no action taken later in the meeting. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS City Manager Roger Roecker presented the Five Star Spirit Employee Award for the first quarter of 2015 to Phyllis Omo, Administrative Secretary in the Public Works Department, who has been with the City since January 2003. Ms. Omo was nominated by a co-worker who stated that Ms. Omo has been working on several projects outside of her regular job duties, and recently when her colleague was out of the office, she assumed their duties as well as assisting the Department Director on routine procedures. The Five Star Spirit Award is awarded each quarter to an employee who has exhibited the five characteristics on which the award is based — Courteous, Competent, Reliable, Professional, and Enthusiastic. JOINT PUBLIC HEARING , 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 05/04/15 4416, request for a tract of land containing 135,778 acres out of the Sarah McKissick Survey, property located ' at 3801 FM 528, Harris County, to change from Planned Unit Development (Ordinance No. 2004-13 and Ordinance No. 2005-34)to Planned Unit Development(new). (Whitcomb Property) Planning and Zoning Commission Chair McLean stated the Planning and Zoning Commission would hold their meeting May 07, 2015, at 7:00 PM to discuss the requested zone classification change. i Planning and Zoning Commission Chair McLean asked if anyone would like to speak in favor of the proposed zone change. I Chris Alston, League City resident and Clear Creek Community Church applicant, addressed Council and spoke in favor of the request, great location and ideal spot to serve the Friendswood community, thanked Council, Commissioners and Staff, church membership is supportive, and gave history of the request. Paul Alfonso, Friendswood resident and member of Clear Creek Community Church, addressed Council and stated he supports the goals of the church, likes idea of mixed use development, is a business owner in other cities, supports the economic base the project would provide the City, is in favor of the request. Nick Skytiand, League City resident, addressed Council and stated the church project matches the visior of the City of Friendswood, churches provide economic development, directly supports creation of jobs, brings huge social benefit such as helping the poor, marriages and many other indirect benefits, and worship is important. Carl Bowman, Friendswood resident and member of Clear Creek Community Church, addressed Council and stated he raised his family in Friendswood, 120 years ago the City of Friendswood was founded for the sole purpose of building a church, would like this church to be built in Friendswood, forced to move ' out of the City of Friendswood several years ago because his family needed to live in an apartment and there were none, proposed would be an upscale apartment complex and is needed. Natasha McAdoo, Friendswood resident and board member of Keep Friendswood Beautiful, addressed Council and stated she is a member of Clear Creek Community Church, thanked the City of Friendswood's leadership for standing strong and maintaining principles, many other churches in Friendswood are great but there is not a Clear Creek Community Church (CCCC), volunteers set up church services each weekend for 2,000 people, if this proposal is denied it would be denying thousand's of Friendswood residents that worship at CCCC and the changes in the heart of future residents of Friendswood to come, is in favor of this request. Roger Ondreko, Friendswood resident, addressed Council and stated he has been a member of Clear Creek Community Church (CCCC) for over 15 years, economic advantages to the City, would maximize retail space along with residential units, when CCCC does something they do it right, encourages Council and the Planning and Zoning Commissioners to visit the church's two campuses, have an architect engineer on Staff, proposed apartment units will be high quality, CCCC has a history of giving back to the Friendswood community, benefits of the project are not quantifiable, CCCC changes lives, hopes Council and the Planning and Zoning Commission will take a long-term view of the project. Kari Murphy, Friendswood resident, addressed Council and stated that churches are at positive presence and important element in the community, Clear Creek Community Church has been part of the area for 20 years, and is in favor of the project. Michael Cornett, Friendswood resident and member of Clear Creek Community Church, addressed Council and stated he shares and understands the concerns about the valuable tract of land, church would like to be a partner with the City and make sure the tract of land is a nicely finished piece of ' property, will do their part to see to it that it is nice. Brad Thompson, Friendswood resident, addressed Council and stated he is involved in Friendswood Little League, thinks beyond himself and to the next generation, Clear Creek Community Church has 05/04/15 4417 changed lives and impacted people in the area, is in favor of the project, would like his kids to be able to worship and live in Friendswood. , Allison Swenson, Friendswood resident, addressed Council and stated she moved to the City of Friendswood for parks, small business and small community feel, likes to support local businesses, this plan would provide all things her family moved to Friendswood for, anyone who lives outside the City of Friendswood knows about Stevenson Park in Friendswood, another green space would excite local families, variety of places to dine but more would be encouraged, the proposed plan would allow professional families like hers to move here immediately, not that they cannot afford but need quick availability, and is in favor of the project. Robert Bentley, Friendswood resident, addressed Council and stated he has a similar story, moved away but came back, had a hard time finding a place to live, is for the zone classification change because the church project but would not be a traditional apartment style, would be Class A, would bring professional families into the City, would be premier for this area to bring local residents back home, properties like this are not available, and is in favor. Mark Belcher, Friendswood resident, addressed Council and stated he is in favor, lots of speakers said good things, wants to highlight the leadership of the church, why are we here and looking for this land, Clear Creek Community Church has a mission to reach the Bay Area community, goal of long search for land was to find land in the Friendswood area, Whitcomb tract is more land than the church needs, looking for a creative partnership plan, there is a lot of flexibility with what can be done with the rest of the land. Carl Garcia, League City resident, addressed Council and stated he is in favor, is a restauranteur in four different cities outside the City of Friendswood, looks at traffic counts, placed in a good spot, rooftops in close proximity, recommends putting proposed apartments in. ' Wade Williams, League City resident, addressed Council and stated he is in favor of the project, there is a spirit of excellence in the church, will build a fabulous church and last thing they want to do is have second rate commercial next to it, read a message from the Mayor that is on the City's website, let this church in the promised land. Greg Penner, Webster resident, addressed Council and stated he is in favor of the project, once the church closes on the property the plan is to sell the remaining property to a commercial developer, church will not be the commercial developer. John Middents, Pearland resident and former Friendswood resident, addressed Council and stated his wife was a member of the Library Board, this property has had a lot of ebbs and flows, have a vibrant church community that would like to move in, proposed housing will be attractive to people who cannot move to Friendswood, encourage Council and Planning and Zoning Commission to support the project, and is in favor. Planning and Zoning Commission Chair McLean asked if anyone would like to speak in opposition of the proposed zone change. David Smith, Friendswood resident, addressed Council and stated former Mayor Whitaker could not be at the meeting tonight so asked him to read a letter, do not approve proposed apartments, not in the best interest of this beautiful piece of property, not in the best interest of the Friendswood community at large, apartments deteriorate after a few years, is an increase in crime associated with apartments, and their unequal tax revenue versus the services they require. Mr. Smith asked Council if a different business was asking to do the same zone change would they, should not treat the proposed zone change any different, after hearing heartfelt comments from church members, this is not about God's work, there is a ' way to bring the church to the community, bring a plan that allows the church to develop without an apartment complex, spoke with Clear Creek Independent School District and classrooms are full, not just about bringing a church into the City of Friendswood, is about what is developed on the remaining land on 05/04/15 4418 i one of the most pristine tracts of land in Friendswood. ' Gary Kay, Friendswood resident, addressed Council and stated he looked at the deal in a new way, one is church who has to sell the remaining land to another partner, concerned about the other partner, that many apartment units are net users of services, is the partnership that is the issue, is not in favor, has an' issue with this particular developer. Jerry Ericsson, Friendswood resident, addressed Council and stated he is not in favor, was on Council many years ago and met with the Whitcomb family, was originally going to be houses, things that people like about the City of Friendswood cost money, to maintain services the City has is to have commercial properties, there are four builders that would like to build within the original Planned Unit Development (PUD), and is the Planning and Zoning Commission and Council's responsibility to look long term. Planning and Zoning Commission Chair McLean adjourned the Planning and Zoning Commission's portion of the Joint Pubic Hearing. Mayor Holland left Council's portion of the Joint Public Hearing open. COMMUNICATIONS FROM THE PUBLIC David Allen, Friendswood resident, addressed Council and stated he would like to discuss the Galveston Daily News article about a Federal Judge and mandatory blood draw for Driving Under the Influence (DUI), gave details about a handout he provided to Mayor and Council, is a federal program, how were DUI convictions prosecuted prior to the blood draw program, Breathalyzer, cameras, police testimony, Texas law states if no other action is taken you can get 180 days suspended license, foreign nationals that are illegal do not get any form of punishment for this offense, Anti-Nimbyism Program, the blood draw program is a way to drive a wedge between police officers and citizens, judges should be stopped, and there are other ways to convict than the medicalizing of the police. ' Sharon Butler, Friendswood resident, addressed Council and stated she would like to request a six foot wooden fence be installed with the bridge all the way across Winding Way, building the bridge could cause trouble for her neighborhood, feels safe at the dead end, would like Council to consider a fence being installed with the bridge to make herself and her neighbors feel safer. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Keep Friendswood Beautiful (KFB) Chair Sherry Goen gave the annual report. Ms. Goen stated s years ago KFB began the process to write a grant to win the Governor's Community Achievement Award sponsored by Keep Texas Beautiful and Texas Department of Transportation, started small, focused on what KFB had done, received a score of 78 with evaluation remarks indicating KFB needed to broaden their scope, in the years to follow KFB began to focus on the entire community seeking assistance from a wide variety of entities, talked with businesses, civic organizations, governmental agencies, schools, scout groups, service organizations, and churches reached out to hundreds of potential volunteers, attended workshops, webinars, conferences and countless meetings, produced brochures, flyers, and newspaper articles, tons of photos, videos and educational materials, developed workshops and created presentations to get the word out to the citizens of Friendswood explaining the importance of the desire of KFB to create and maintain a beautiful environment for residents. Relayed the message whenever and wherever KFB could, it would take the whole community to get the job done. This monumental effort dy the citizens of Friendswood has paid off with the City of Friendswood and KFB receiving the 201% Governor's Community Achievement Award and a check for landscaping projects in the amount of $210,000. The City of Friendswood and KFB will be honored at the Keep Texas Beautiful Conference in June 2015. Clean-ups, recycling, and events to improve the environment in the form of Tree Giveaway, Spring Sparkle, Fall Haul and Electronic Recycling could not have happened without the donations and support of time and/or money from many surrounding area businesses. Stevenson Park has been named ' Best Park in the Bay Area for several years running. Friendswood parks are used by many citizens for recreation, exercise, family events and relaxation. The parks do not maintain themselves, many work hours, donations, and volunteers keep Friendswood parks beautiful. Santa in the Park takes months of planning, seeking donations, making arrangements, and decorating requires many people in Friendswood 05/04/15 4419 to make the event happen. Numerous businesses and organizations contributed and listed the names of contributors. Businesses and organizations in Friendswood can always be counted on to help with ' support, donations and volunteers. Without these contributors, KFB would not be able to do what they do for the City of Friendswood. All the work accomplished by KFB is made possible because of the outstanding government organizations that provide guidance, Staff, and constant support. Being a Keep Texas Beautiful affiliate involves considerable paperwork, planning meetings and accurate record keeping. KFB is fortunate to have such a wonderful Staff in the Parks and Recreation Department to keep track of it all. The City of Friendswood is a great city because of City Staff and Council. KFB is proud to have written the winning grant and will continue to serve the citizens of Friendswood in the coming years. KFB will proudly represent the City of Friendswood at the conference this summer and bring home the$210,000 check. CITY MANAGER'S REPORT City Manager Roger Roecker reported that despite the stormy weather in the area, this year's Spring Sparkle was a huge success. There was record attendance with 638 cars and trucks coming through the gates. Progressive Waste Solutions is reported to have hauled away almost 138.01 tons of compacted waste, 28.32 tons of roll off waste, and 3.21 tons of metal box waste. Delta Document Shredding destroyed 4,500 pounds of paper. The garage sale was also a success bringing in $428. All proceeds from the garage sale benefit the beautification of City facilities and parks. The items that were left over were taken to Goodwill. Bay Area Wildlife Rehab picked up animal habitat items that were donated to benefit the injured wild animals that make their home in Friendswood's green space. The City Manager reported that the Splash Pad in Stevenson Park will have its Grand Opening May 22, 2015, preceding that night's Concert in the Park. The Grand Opening Event will celebrate the completion of two new phases of the Splash Pad that will add 2,750 square feet of additional play area, six added water features, 15 new ground sprays and a 400 square foot shade cover with seating for six, and a family restroom. ' The City Manager reported that this year's Mitch and Artha Wright Concerts in the Park Series began on May 1, 2015, and will continue every Friday night during the months of May and June. Concerts will take place at Stevenson Park in the Gazebo. All concerts will begin at 7:00 PM and end at approximately 9:00 PM. The first concert of 2015 featured the Friendswood High School Jazz Band. On subsequent evenings, attendees can look forward to Pop, Rock, Funk and Bluegrass music. Bring your blankets, lawn chairs, refreshments, dinner or snacks and be ready to sit back and enjoy an evening of fun and family entertainment brought to you by the City of Friendswood's Parks and Recreation Department. Everyone is eligible for give-a-ways and door prizes, vendors will be selling kettle corn, hot dogs, and snow cones as well. If anyone is interested in being a sponsor or providing a door prize, please contact the Parks and Recreation Department. The City Manager reported that on May 25, 2015, at 10:00 AM a Memorial Day ceremony will be held at the Veteran's Memorial adjacent to Friendswood City Hall. The ceremony will feature patriotic songs and music, a tribute to the flags, and a special guest speaker. All local veterans are invited to attend and come together for a group photo at the close of the ceremony. For additional information, call the City of Friendswood Parks and Recreation Department. The City Manager reported that each year the Texas Division of Emergency Management, the National Weather Service, and officials from local jurisdictions join together to recognize Hurricane Preparedness Week. This year May 24, 2015, through May 30, 2015, has been designated as Hurricane Preparedness Week in Texas. This is an excellent time to remind our residents to be prepared for hurricane season which begins June 1, 2015. It is also important to encourage the general public to make plans for what they will do before and after a storm, double check emergency supply kits for themselves, register functional needs in the State's 211 State of Texas Emergency Assistance Registry (STEAR) database, ' and plan for their pets. The Friendswood Office of Emergency Management (OEM) scheduled a water bill mailer to be sent out to all residents of the City. The mailer contains helpful information for the public regarding evacuation zones, functional needs registry, and staying informed. Additional hurricane 05/04/15 4420 preparedness materials have been made available at City Hall, the Friendswood Library, the Chamber of ' Commerce, and the Senior Activities building. Fire Marshal/Emergency Management Coordinator, Terry Byrd, and the OEM Staff have been busy with their hurricane preparedness efforts for the 2015 hurricane season. The Emergency Management Coordinator attended the 2015 National Hurricane Conference in Austin in March, and Staff members will attend the 2015 Texas Emergency Management Conference in. San Antonio May 12, 2015, through May 15, 2015, to receive training in several specialized areas of disaster preparedness. The OEM will host the Annual City-Wide Hurricane Preparedness Meeting on May 19, 2015, at 1:30 PM, at the Public Safety Building with contractors, school districts, service providers, utilities, and other cities, along with Mayor Holland, Councilmembers, and City Staff to discuss their particular hurricane preparedness plans for the coming season. In addition, the OEM Staff will be scheduling meetings with functional needs facilities (nursing homes, senior living facilities, etc.), local businesses, and with the faith-based organizations to discuss their preparedness plans and this year's changes with the National Hurricane Center's forecast products. The OEM Staff continuously reviews and updates the City's Emergency Management Plan as required by the State, along with other plans that: assist the City in the recovery process following disasters. Contracts are in place for post-hurricane response including debris hauling, debris monitoring services, generator procurement, and other materials and services that the City may need. The City Manager commended Staff for being proactive in leading the City's efforts in training, coordinating meetings with the public, hardening facilities, and continually helping the City to be ready to deal with the next catastrophic event that comes our way. The City Manager reported that in 2014 the Texas Department of Transportation (TxDOT) underwent a comprehensive evaluation of most of the signalized intersections in the City of Friendswood. As a result of that evaluation, a number of adjustments were made to achieve optimal traffic progression and reduce frequent stops, delays, and fuel consumption on the heaviest traveled corridors. One of the proposed improvements analyzed, but yet to be implemented was the use of Flashing Yellow Arrows (FYAs). These signals FYAs have proven to be a more effective alternative for permissive left turn movement's ' prevalent at a number of intersections in the City. Permissive left turn movements are those signalized intersections that allow for left turn movements, provided motorists yield to oncoming traffic which also has a green light. Staff has been notified by TxDOT that FYAs were installed at three intersections along FM 528 the week of April 20, 2015. The three intersections upgraded were FM 528 at Desota, and FM 528 at Friendswood Lakes and FM 528 at Briar Creek. TxDOT's plan is to deploy FYA at seven intersections on FM 518 and eight intersections on FM 528. For any questions regarding this matter, please contact the City's Engineering Office. The City Manager reported that Officer Kevin Crouch was recognized at the 501"Annual Crime Preventiol Luncheon for the Texas Louisiana Gulf Coast District Exchange Clubs. Awards were presented to 13 police officers for their work in the community and service to the public. Officer Crouch was recognized for his accomplishments in Crime Prevention. The event took place at the City Centre at Quail Valley in Missouri City and included a luncheon and presentation by Devin Schei of the Wounded Warrior Project. Councilmember Rockey stated he had a teacher ask him if a project her class has been working on could be included in the Memorial Day event, and City Manager Roger Roecker stated he would talk to her. ACTION ITEMS "Mayor Holland moved to deny the disposition of RFP No. 2015-02 for Meal Catering for Emergency Responders for Natural and Man-Made Disasters. Seconded by Councilmember Scott. The motion was approved unanimously. Councilmember Enochs clarified that since the item was denied it would be rebid. "Councilmember Rockey moved to approve the disposition of Bid No. 2015-03 for installation of SCADA ' (Supervisory Control and Data Acquisition) System Upgrades and award to McDonald Municipal and Industrial, a Division of C.F. McDonald Electric, Inc., and authorize the appropriation of funds of $272,858. Seconded by Councilmember Enochs. The motion was approved unanimously. 05/04/15 4421 Councilmember Hill recused himself for a conflict of interest. , **Mayor Holland moved to approve an encroachment agreement with South Texas NGL Pipelines, LLC, for the construction, operation, and maintenance of sections of Friendswood Lakes Boulevard. Seconded by Councilmember McGinnis. The motion was approve 6-0 with Councilmember Hill recusing himself. **Councilmember Scott moved to approve a contract with Musco Sports Lighting for the purchase of lighting for the Sportspark and authorize the Mayor to execute the contract in the amount of$705,000. Seconded by Councilmember Hill. The motion was approved unanimously. Councilmember Enochs clarified that the funds for the lighting would be from the 2013 bond funds. RESOLUTIONS **Councilmember Rockey moved to approve Resolution R2015-08 — A resolution of the City Council of the City of Friendswood, Texas, determining that land is needed for the construction, operation, maintenance, and expansion of Stevenson Park; accepting the dedication of said land from Florence Lanning, property owner. Seconded by Councilmember Enochs. The motion was approved unanimously. **Mayor Holland moved to approve Resolution R2015-09 —A resolution of the City Council of the City of Friendswood, Texas, determining that land is needed for construction, installation, maintenance, operation, inspection, replacement, repair, and removal of certain public utility lines as part of the Whispering Pines Avenue/Friendswood Link Road project for the City of Friendswood, Texas; and authorizing the institution of eminent domain proceedings. Seconded by Councilmember Hill. ' Discussion took place between Mayor, Council, City Attorney, and Staff regarding that land is needed to line up other properties with the Texas Department of Transportation (TxDOT) bridge, owner of land is not in agreement, approximately 20 feet by 100 feet, owner requested $15 a square foot, City estimated the value at $3.80 a square foot and was confirmed by two appraisals, if resolution is not approved the project will be delayed, bridge has been on property since 1987, if original plan of four lanes would have been done the City would have needed to acquire more land, owner stated land should be appraised at a commercial value which would require a zone change, City Attorney recommended that the title issue needed to be fairly and clearly resolved through an acquisition, contractor is currently working on the water line on that side of the bridge, and cannot continue until item is resolved. ***Councilmember Scott moved to table Resolution R2015-09 until the May 18, 2015, Council meeting. Seconded by Councilmember Rockey. The motion to table was approved 5-2 with Councilmembers Hill and McGinnis opposed. **Councilmember Enochs moved to approve Resolution R2015-10 — A resolution of the City of Friendswood, Texas, finding that Centerpoint Energy Houston Electric, LLC's application for approval of a distribution cost recovery factor to increase distribution rates within the City should be denied; finding that the City's reasonable rate case expenses shall be reimbursed by the company; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel. Seconded by Councilmember McGinnis. The motion was approved unanimously. **Councilmember Hill moved to approve Resolution R2015-11 — 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 drainage easement; accepting the dedication of said land from Bruce and Karen Burton, property owners. Seconded by Councilmember Gustafson. The motion was approved unanimously. 05/04/15 4422 ' **Councilmember Gustafson moved to approve Resolution R2015-12—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 drainage easement; accepting the dedication of said land from Ryan and Jennifer Sitton, property owners. Seconded by Councilmember Hill. The motion was approved unanimously. ORDINANCE **Councilmember Scott moved to approve the First and Final reading of Ordinance No. 2015-15 — 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 X" 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. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS � Councilmember Enochs stated he would like to encourage everyone to come out to the Memorial Day Celebration, one of the most special events the City does, relatively new but has become larger as the years have passed, there is not enough room for everyone at the event, need to find a way to accommodate everyone, bring the kids so they can understand why we enjoy the freedom we have, over 100 veterans, City and Staff do a wonderful job, will not regret coming to the event. Councilmember Hill stated several of the councilmembers attended the Friendswood Volunteer Fire ' Department and Emergency Medical Services (EMS) Awards Banquet, enjoyed it and always have, get to hear what the volunteers do on a daily basis, one EMS volunteer made 360 calls last year, encourages the citizens of Friendswood to pay their volunteer donation on the water bill, is used to keep equipment in top shape. Councilmember McGinnis stated he attended the Farmer's Market for the first time this past weekend, great.event, thanked Council and the citizens of Friendswood that made it all possible, took unscientific survey of everybody's new appraisal values from Galveston Central Appraisal District and the new taxable amount is up to its max, will be appealing his taxes and encourages citizens to do the same if they do not agree with them. Councilmember Gustafson stated he attended the girl's' softball closing ceremonies and spoke, informed the girls this would be the last time they had their closing ceremonies on the adult softball fields, are excited they will have their own field,' also attended the_,Friendswood Volunteer Fire Department and Emergency Medical Services Awards Banquet, wonderful event, witnessed a garage fire and thought the house was destroyed with how big it was but the Fire -Department saved the home, attended the Chamber's Business event last week, well attended, Chamber's Car Show had bad weather but still had some attendance. Mayor Holland stated that the Year of the Business event was good and citizens are really starting to get excited about the City of Friendswood, citizens have great and unique ideas, do not ever forget our military and the volunteers that built the memorial next to City Hall. Councilmember Rockey and Scott stated they had nothing to report. CONSENT AGENDA ' **Councilmember Scott moved to approve all items on the Consent Agenda as presented: A. Accepting public paving improvements associated with the Baker Road Reconstruction Project for the contractor's one-year maintenance period. B. Approving a Memorandum of Understanding (MOU) with Friendswood 05/04/15 4423 Independent School District(FISD)for use of their facilities for an ongoing City program. C. Approving an Interlocal agreement with the North Texas Council of Governments (NTCOG) for Actuarial Shared ' Services and authorize the Mayor to execute the agreement. D. Accepting the March 2015 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; to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. (City Attorney) RECONVENE INTO OPEN SESSION Council reconvened into Open Session with action taken later in the meeting. ACTION ITEMS (continued) "Mayor Holland moved to approve accepting the employment contract of Arnold Polanco as City of Friendswood's City Attorney. Seconded by Councilmember Rockey. The motion was approved unanimously. The meeting was adjourned at 9:14 PM. 1 l Mayor Kevi olland Attest: 1,2�-P.Q �pF FRIE/�0� Melinda Welsh, TRMC ' City Secretary �9TF O F TE�e'•• .