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HomeMy WebLinkAboutCC Minutes 2016-01-11 Regular 01/11/16 4507 t STATE OF TEXAS ' CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( JANUARY 11, 2016 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JANUARY 11, 2016, AT 4:30 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: i 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 I 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 ' Mayor Holland asked if anyone would like to speak. No one spoke. WORK SESSION Mayor Holland opened the discussion regarding an update on Capital Projects. Director of Public Works/City Engineer Patrick Donart reported on the progress that has been made on Capital Projects since the December Council meeting. Ardent Construction has erected the steel on the front portion of the library expansion, showed slides of progress being made, the consulting structural engineer is currently evaluating a Request for Information (RFI) with regards to a portion of the steel members, and the meeting room will have carpet installed later in January. In November, representatives of Staff, Friendswood Volunteer Fire Department (FVFD), and Durotech, Inc., met with the Friendswood Lakes Homeowner's Association to seek input from nearby residents on the new fire station headquarters at thel Public Safety Building. Staff and the FVFD have evaluated the bids received by Durotech, Inc., and, everyone is investigating numerous options to optimize the cost while ensuring the construction off the facility is fit for FVFD operations. Staff plans to present the guaranteed maximum price from the Construction Manager at Risk at the February Council meeting. The construction process continues for the improvements at the Sportspark, the water line and fire hydrant have been installed, existing concessions/restroom building has been demolished, and the fields have been graded. The new concessions/restroom buildings are complete and a delivery date is dependent upon the subgrade completion. The lighting contractor has installed all of the poles, lighting fixtures and wiring, a connectionI to permanent power is yet to come, and testing will be needed prior to completion/acceptance of the lights. Staff is currently completing the irrigation system and preparing the infields with clay and outfields with sod. Construction on the paving, sidewalks, and retention area is progressing when weather allows, The fencing and netting bids are being presented to Council later in this meeting. Architectural and civil ' design activities are complete for the basketball pavilion at Centennial Park. Staff plans to bid the project in February and present to Council in March. Friendswood Development Company (FDC) has begun their portion of the Lake Friendswood project, Staff is continuing to work with representatives from FDC and Wilson McClain regarding the proposed restroom and pavilion. Staff received a list of requests from 01/11/16 4508 residents of Rancho Viejo subdivision, and those requests are being evaluated for possible implementation. Galveston County Consolidated Drainage District has approved the bridge and trail ' system connecting Stevenson Park and Old City Park. The bridge is currently being built off-site with completion anticipated in late February. The scope of work for the installation has been finalized and quotes are currently being requested. Plans are being prepared for the trail and should go out for bid in February, and Staff has scheduled demolition of the recently acquired house at 1102 Winding Way to prepare the way for the trail system to Old City Park. Staff is reviewing a proposed layout of the master plan for Old City Park that includes a dog park, restrooms, playground equipment and preliminary parking layout and Staff will present the proposed layout at the April Council meeting. Council approved to award El Dorado Construction Services the construction contract for the Round 1 Street Improvements project at the December Council meeting. Staff will hold the pre-construction meeting later in January and issue the notice to proceed for March 7, 2016. The Whispering Pines Avenue/Friendswood Link Road project is 79% complete. On the Galveston County side, the paving at FM 518 to the bridge has been completed, the contractor is working on the sidewalks while the concrete cures, and traffic is scheduled to be transferred to the new pavement later this month. The Harris County side has been opened from Wedgewood Elementary to Blackhawk Boulevard. Staff is awaiting a decision from the Timberfield Estates Homeowner's Association regarding a potential license agreement for their brick columns. The reservoirs, pumps, control room, and fencing have been installed at Water Plant No.7, and the reservoir is complete at Water Plant No. 2. The contractor was working on the pump house foundation for Water Plant No. 2, significant concerns were brought forth by the City and the engineering consultant regarding the foundation. The contractor, engineer, and City Staff have reached an agreement regarding City approval of the slab, have implemented the solution, and construction has resumed at Water Plant No. 2. A revised schedule has been submitted with completion on both water plants in 2016. An initial trail system has been cut out at 1776 Park and the remaining sections will be scheduled to be constructed in the near future. A canoe portage has been discussed and Staff is evaluating options related to the canoe portage. Design plans for construction of a third clarifier are nearing completion at the Blackhawk Wastewater Treatment Plant. The facility is operated by Gulf Coast Waste Disposal Authority and capacity is shared amongst the City of Friendswood, Harris County MUD 55, Baybrook MUD 1, and the ' City of Houston. Despite prior agreements among participants to enter into a supplemental agreement for construction of the third clarifier, Baybrook MUD 1 and the City of Houston have raised concerns with the cost allocations/financial impacts of the project post-installation. Staff will move forward with the current agreements in place for the third clarifier project, and an Authorization for Expenditure has been presented to the Mayor for his signature. Utilizing the current agreements in place, the City will expend $2.7 Million toward the cost of the project rather than the previously anticipated $4 Million. In regards to the Downtown Streetscape project, the design activities to install brick pavers, benches, and ornamental light poles along FM 518 have been completed, the plans are being reviewed by the Texas Department of Transportation (TxDOT) and an American with Disabilities Act (ADA) specialist for approval/permitting. Staff anticipates advertising the project for construction in the upcoming weeks, and anticipates a start date in March 2016. Discussion took place between Mayor, Council, and Staff regarding issues with some of the steel members at the library renovations, the structural engineer is working with Ardent Construction to resolve the issue, and Staff will get with Ardent Construction for an estimated timeline for project completion. Staff is trying to address concerns from Friendswood Lakes Homeowner's Association in regards to the new fire station headquarters at the Public Safety Building. The parking lot at the Friendswood Lake project has been completed and the estimated completion date for the project is Fall of 2016. Mayor Holland requested a ribbon cutting ceremony for the installation of the bridge connecting Stevenson Park with Old City Park, and plans for Old City Park have been placed on hold until the bridge and trail project has been completed. Parks and Recreation Director James Toney gave an update on the roof replacement at City Hall. A preconstruction meeting will be scheduled this week, and PRC Roofing Company, Inc., recently walked the roof and took measurements for panels. ' Mayor Holland opened the discussion regard a Utility Rate Study. Administrative Services Director Cindy Edge introduced the work session and gave a brief history, introduced Nelisa Heddin with Nelisa Heddin I 01/11/16 4509 Consulting, LLC, to present the Utility Rate Study. Ms. Heddin complimented Staff on their hard work and ' stated the City of Friendswood has a wonderful Staff. Ms. Heddin presented a PowerPoint presentation regarding the Utility Rate Study, and background was given on the study. Economic reality was discussed, water has an inherent value to fund infrastructure necessary for treatment and distribution, water is critical to a variety of industries, and as a result the economy, water is a fundamental building block for communities, and water is a commodity which we cannot live without. Steps to approach the Utility Rate Study are to determine revenue requirements, functionalize revenue requirements into cost components, allocation cost components to customer classes, and design rates. Revenue requirements include all operation and maintenance expenditures, known and measurable changes, inflation, debt service and capital improvements, and revenue requirements will increase throughout the next five years. Functionalization recognizes peaking nature of utility systems, identifies functional nature of costs, based upon the base/extra capacity methodology costs are categorized into three categories, base costs of service, extra capacity costs of service, and customer costs of service. Cost allocation recognizes different usage patterns of customer classes. Rates are designed to recover cost of service from each class of customers, and packaged to mitigate financial impact to customers over a period of time. Ms. Heddin further discussed minimum bill for commercial, irrigation, and multi-unit facilities in regard to meter size, to charge based on meter size is more equitable between customers. Findings for volumetric rate for Single Family Residential, Single Family Residential with a sprinkler and commercial, recommended charging the customer based on gallons used with a tiered structure, volumetric rate for irrigation/sprinklers will pay more with a tiered rate structure, volumetric rate for commercial would have their own rate class with no tiered rate structure, do not use as much water, recommended leaving commercial rates as they are. The procedure the City currently uses for wastewater utility is Scenario No. 1, City of Friendswood currently charges 70% of water consumption, the minimum base charge would remain at $15 and the volumetric rate would increase from $2.70 to $4.00 over the next five years. Scenario No. 2 recommends going to winter averaging, is the norm industry-wide, most equitable means, 70% discount may be too much, would only apply to residential customers, and commercial customers ' would have their own irrigation meter so no need to average. Discussion took place between Mayor, Council, and Staff regarding that the Utility Rate Study did factor in future capital investments including the new clarifier at the Blackhawk Wastewater Treatment Plant and the 42-inch water main. Mayor Holland opened the discussion regarding a potential sales tax election in May. Assistant City Manager Morad Kabiri stated Council had been given various options discussed at previous Council meetings for a potential sales tax election in their backup documents. At the December Council meeting, direction was given to Staff to move forward with placing an ordinance on the agenda to call a sales tax election requesting a full half-cent towards street maintenance and repair. The work session is for any further discussion or direction Council may need to provide to Staff regarding calling a sales tax election for May. Discussion took place between Mayor and Council regarding their opinions on a potential sales tax election in May and the options available for uses for the additional sales tax. Councilmember Rockey stated Council received a proposal from Friends of Downtown Friendswood Association (FDFA) recently, likes the idea of a 4B sales tax for the Downtown District, a citizen group has formed that has the energy to get downtown improvements done, and would like 1/8 cent for the Downtown District development and the remaining portion to go towards street repairs and maintenance. Councilmember Hill stated he believes any additional sales tax should be used towards street repairs and maintenance, cannot let streets turn into rubble, streets are failing in older subdivisions, cannot let those streets deteriorate anyll more, Council could spend money on streets for the next 15 years and still need additional funds fo repairs and maintenance, and a lot could be done for the Downtown District without having to impose another tax on citizens. Councilmember McGinnis stated he recently spoke with representatives of FDFA and primarily dislikes the forming of another committee to muddy the waters and competing with Council ' in making decisions, does not want another layer of government, and believes the election should be dedicated for streets. Councilmember Scott thanked FDFA for all that they have done over the years and with the downtown project, FDFA originally stated no public funds would be spent on the downtown improvement project, has now turned into a tax is needed to generate funds, and stated he would not be 01/11/16 4510 able to support a 413 sales tax option. Councilmember Gustafson thanked FDFA, supports what they are doing, City has a maintenance only mentality in regards to streets, FDFA is bringing a long-term vision, a , mechanism is needed to help fund the downtown project, and citizens are telling Council what they want but Council is not listening. Assistant City Manager Morad Kabiri stated a request had been made to speak to Council regarding the potential sales tax election. Mayor Holland stated Council would hear comments on the item after a short recess. Mayor Holland recessed the meeting at 5:45 PM and reconvened the meeting at 5:59 PM. Friends of Downtown Friendswood Association (FDFA) representative Former Mayor Kim Brizendine thanked Council for allowing them to speak, understands the position Council is in, sometimes there is not a wrong side, just differing opinions. Council has done some things to better the City, citizens would like more diversity in the downtown area, value would go up and businesses would thrive, and citizens would like a pedestrian friendly area for the bedroom community feel. Project is a continuing process and goes back four Mayors and Councils that have worked on improving the downtown area. FDFA have support from Friendswood Independent School District (FISD), existing business owners, and community leaders. FDFA and their supporters will support Council and will not work against them. The drainage work on the Downtown District project has been completed and FDFA is currently working on the next step. Friends of Downtown Friendswood Association (FDFA) representative Brett Banfield stated he would like to speak about FDFA, started in April 2015 with eight people to gauge interest, had to move meeting to the Chamber of Commerce building due to overwhelming interest, and formed a non-profit group named Friends of Downtown Friendswood Association. Membership is made up of various individuals and groups, former Mayors and Councilmembers, Planning and Zoning Commission members, Keep ' Friendswood Beautiful members, Library Board members, Community and Economic Development members, Heritage Society members, Friendswood Fine Arts Association members, Friendswood Independent School District Board members, Friendswood Education Foundation members, downtown business owners, property owners, and local churches. FDFA has a broad base, has grown quickly to 500 members, Council has advocated for the group, let the voters decide what is best for the City of Friendswood. The beautification of downtown is only part of the project, advocate for civic groups, existing businesses and new businesses, would like to make the downtown area fun year-round, hope to have an event every month to draw people into local merchants, and would like to make downtown charming and a destination the citizens could be proud of. FDFA recently did a survey and will post results soon, 120 people responded, 20 open ended questions, respondents would like a quaint and well developed downtown area, a fun destination, a place to take family for a nice evening, no shabby buildings, make it pedestrian friendly and more distinguishable. In regards to the potential sales tax, Council would be in control of funds, would like to provide lights on Friendswood Drive, decorative stoplights, remove high wires, local Heroes Park, Community Entertainment Center, a downtown area the citizens could finally be proud of, and an economic engine for the community and a place to use disposable income. Friends of Downtown Friendswood Association representative Former Mayor David Smith stated revitalizing downtown would give citizens an opportunity to spend locally in a place they could be proud of, puts the money in Council's hands to be able to influence how the downtown area would look and be revitalized, would allow homeowner's taxes to continue to stabilize due to increasing value. Friends of Downtown Friendswood Association representative Former Councilmember Jerry Ericsson stated as a structured tax there would be a return on the investment, could do revenue bonds funded by the 1/8 cent sales tax, could build streets not just repair and maintain streets, would be a seven-member board appointed by Council, all expenditures are approved by Council, is an investment that would help , the City, and could be recalled if not successful. Friends of Downtown Friendswood Association representative Former Mayor Harold Whitaker thanked 01/11/16 4511 Council for their time, have an opportunity to create and be a part of something that will live way beyond ' everyone involved, put 1/8 cent on the ballot to help revitalize the City's downtown area, heard after streets are fixed Council would give discretionary funds towards downtown improvements but times change and different Council's come to the dais, there are numerous citizens that would put an all-out effort to pass both referendums, tax items do not always pass but currently have a great group that would help advocate, a lot has been done to help downtown such as drainage, waived impact fees, reduced development costs, allowed greater building space on lots, spent money on entryways and medians, and cannot keep kicking the same can down the road. Council has an opportunity to do something great for the community and trusts that they will. Discussion took place between Mayor, Council, and representatives from Friends of Downtown Friendswood Association (FDFA) regarding possible challenges FDFA would face if additional sales taxi funding was not available, could not do long-range planning, would not have as big of an impact on thel Downtown District, improvements would take a longer period of time, and the same discussion would be brought to Council over and over again during budget planning. There has been interest in Downtown District improvements for many years, the market will drive development, people will eventually build in the downtown area, and having a dedicated source of funds would allow Council to help existing businesses put in amenities. Mayor Holland thanked the Friends of Downtown Friendswood Association representatives and stated hel appreciates their support, understands and sees their vision, and the path used to achieve that vision is where the groups need to work together. Mayor Holland stated the discussion regarding firearms possession during governmental body meetings would be held later in the meeting. Mayor Holland opened the discussion between Council, Staff, and the Planning and Zoning Commission ' regarding the Downtown Permitted Use Table (PUT). Planning and Zoning Commission Chair David O'Farrell opened the Planning and Zoning Commission's portion of the Joint Work Session. City Planner Aubrey Harbin presented a PowerPoint presentation regarding Downtown District Permitted Use Table (PUT) and nonconforming uses. At the October 15f 2015, meeting the Planning and Zoning Commission (P&Z) voted to recommend prohibiting several NAICS uses within the City's Downtown District zoning category including NAICS Use No. 447 Gasoline Stations, NAICS Use No. 493 Warehousing and Storage, NAICS Use No. 532 Rental and Leasing services, and NAICS Use No. 8111 Automotive Repair and Maintenance. As a result of P&Z's recommendation, Council requested further research related to the protection of any existing uses that would be made nonconforming. At the December 17, 2015, P&Z meeting further discussion was held regarding the issue, the P&Z vote for the recommended changes was approved 4-2, those who opposed expressed the desire for some or all the referenced Permitted (P) uses to be changed to require Specific Use Permits (S) rather than not allowed at all. Definitions currently used in the Zoning Ordinance were given for nonconforming use, nonconforming structure, and nonconforming lot. A nonconforming use or a lawful use that has become nonconforming by the future adoption or amendment of a zoning ordinance, or a nonconforming use that exists by virtue of annexation into the City, shall be permitted to exist, subject to the following, cannot be enlarged, once abandoned cannot be reinstated, once changed cannot be reinstated, and allowed to continue if annexed. A nonconforming structure may continue to exist unless it is abandoned for 12 months or more, destroyed/damaged more than 50%, relocated into another zoning district, repairs/maintenance of more than 50% of the current replacement cost over a period of 36 months (cubic content cannot be increased). Ms. Harbin provided Council with examples of nonconforming uses and structures. Discussion took place between Mayor, Council, the Planning and Zoning Commission, and Staff ' regarding that the Planning and Zoning Commission (P&Z) has provided recommendations to Council based on the four NAICS uses Council stated they would like to protect. Staffs presentation explained the current zoning ordinance in regards to nonconformity, and Staff is looking for guidance from Council on how to proceed. The Fig Factory property was mentioned as a nonconforming structure, property is 01/11/16 4512 subject to the Community Overlay District, metal buildings are not allowed and the property has been vacant for more than 12 months, all nonconforming status has been lost, everything must be brought up ' to code, and a variance option is available to the property owners. P&Z would like Council's support on prohibiting the recommended uses within the City's Downtown District. Planning and Zoning Commission Chair O'Farrell 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 contemplated litigation arising from settlement of legal action. (Wight Realty Interests, Ltd. v. City of Friendswood) and Section 551.072 — Deliberation regarding real property. (Parkland development; legal advice only regarding potential development of real property located within the City of Friendswood) RECONVENE INTO OPEN SESSION Council reconvened into Open Session with no action taken later in the meeting. With concurrence of Council Mayor Holland moved to Agenda Item 9, Communications from the Public. COMMUNICATIONS FROM THE PUBLIC Brett Banfield, Friendswood resident, addressed Council and stated he was at the meeting to discuss proposed ordinance T2016-06, to call a Special Election for the purpose of authorizing a local economic ' development sales and use tax. Mr. Banfield read from a letter submitted to Council that stated the Friends of Downtown Friendswood Association (FDFA)would like to submit the following one-eighth cent Type B Sales Tax referendum language for placement on the next Council agenda. "The adoption of a Type B sales and use tax at the rate of one-eighth of one percent for the purpose of improvements to the downtown area as defined by the City of Friendswood Downtown District Map, including but not limited to streets, targeted infrastructure, paved sidewalks, pedestrian amenities including lighting, benches, signage, and other public improvements, and for the promotion and development of new and existing business in the downtown area." FDFA believes that this effort, along with a three-eighth cent Street Maintenance tax referendum, would best serve the citizens of Friendswood. Based on 2015 Fiscal Year sales tax collections, the proposed sales tax referendum would generate $1,163,500 annually for street maintenance and $387,800 for downtown improvements. FDFA feel this is the appropriate use of the remaining half-cent sales tax, and that it strikes a good balance between the long-term needs of City streets and the revitalization of Friendswood's Downtown District. The FDFA Advisory Board and Board of Directors would welcome the opportunity to workshop the item with Council. David Smith, Friendswood resident, addressed Council and stated he would like to discuss firearms in the Council Chambers, when he sat at the dais he always took great comfort in knowing at least one elected official was packing, believes it should be two. More discussion should be held before Council approves an ordinance to call a sales tax election, and there is time to schedule another Council meeting before the election would have to be called. Michael Wood, Friendswood resident, addressed Council and stated on September 01, 2015, his wife filed a complaint with the City Manager regarding inaccuracies with Friendswood Animal Control's (FAC) inventory process, his wife received a letter from the Chief of Police stating he was aware of the inaccuracies, Mr. Wood further explained the inaccuracies. The FAC chain of command consists of four ' people, Chief of Police, Deputy Chief of Police, FAC Supervisor, and Facility Supervisor, does not understand how a simple industry formula cannot be used. FAC failed to account for 221 cats and dogs which is 34% of their inventory. A majority of Council is requesting an increase in sales tax, Council 01/11/16 4513 should consider how tax money is spent before requesting more. ' With concurrence of Council, Mayor Holland moved to Agenda Item 8, Joint Public Hearings. JOINT PUBLIC HEARINGS Mayor Holland and Planning and Zoning Commission Chair David O'Farrell 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 .8451 acre tract of land out of Lot 4, Block 2 of Sherman Place, property located on FM 2351, Friendswood, Harris County, Texas, to change from Community Shopping Center (CSC) to Community Shopping Center-Specific Use Permit (CSC-SUP) to allow NAICS Use No. 522298, All Otheri Non-depository Credit Intermediation (pawn shop). Planning and Zoning Commission Chair O'Farrell asked if anyone would like to speak in favor of or in opposition of the request. No one spoke. Planning and Zoning Commission Chair O'Farrell 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 David O'Farrell 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 .981 acre tract being a replat of a part of Lot 1, Block 6 of Friendswood Subdivisionf property located at 103, 105, and 107 Shadwell Lane, Friendswood, Galveston County, Texas, to change from Planned Unit Development-Specific Use Permit (PUD-SUP) (Ord No. 2000-38, Ord No. 2005-37! Ord No. 2011-11 and Ord No. 2013-41) to revised Planned Unit Development(PUD). City Planner Aubrey Harbin gave a brief history and discussed the request. Planning and Zoning Commission Chair O'Farrell asked if anyone would like to speak in favor of or in opposition of the request. No one spoke. Planning and Zoning Commission Chair O'Farrell adjourned the Planning and Zoning Commission's portion of the Joint Public Hearing. Mayor Holland closed the Council's portion of the Joint Public Hearing. With concurrence of Council, Mayor Holland moved to Agenda Item 10, Communications from Committees and Special Reports. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Zoning Board of Adjustment and Appeals (ZBOA) Chair Greg Hughes gave the annual report, gave a description of the three cases that came before ZBOA over the past year and their outcomes, elected a new Chairman and Vice Chairman, and Staff reviewed their duties and responsibilities with them. Staff notified the board that all the former Chairs and himself are term limited. Council will need to address the issue, and unless the law is changed the board will lose members. 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 16, 2016, starting at 8:00 AM. Over 100 — fifteen gallon container trees up to eight feet tall will be given away to residents, only one tree per family. The trees chosen for this year included Eagleston Holly, Nuttal Oak, Redbuds, Magnolias, and ' Cherry Laurel. The trees are free to attendees on a first-come, first-serve basis. For more information and/or to make a donation, please check the City's website or contact the Parks and Recreation Department. 01/11/16 4514 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 the employees across all departments and the hard work they do to provide the highest level of service for citizens of Friendswood. Staff showed a video presentation of 2015 City of Friendswood highlights. ACTION ITEMS **Councilmember Scott moved to approve the disposition of Bid No. 2015-21 for the Sportspark netting and award to American Nationwide Netting, Inc. Seconded by Councilmember Enochs. The motion was approved unanimously. **Councilmember Rockey moved to approve the disposition of Bid No. 2015-22 for the Sportspark fencing and award to Backwater Fence, LLC. Seconded by Mayor Holland. The motion was approved unanimously. **Councilmember Hill moved to discuss Staff implementing a policy for possession of firearms during governmental body meetings. Seconded by Mayor Holland. Police Chief Bob Wieners presented a PowerPoint presentation to discuss House Bill (HB) 910 regarding new legislation for open carry effective January 1, 2016. There are five states that do not currently allow open carry, New York, California, Illinois, Florida, and South Carolina. Unlawful to carry of a weapon if a person is intoxicated, while committing an offense other than relating to traffic law or city ordinance regulating traffic, license holder has gun in plain view and it is not in any type of holster, premises of a Texas Alcoholic Beverage Commission (TABC) 51% establishment, and premises of a correctional ' facility. Weapons are prohibited from premises of a school, or grounds/building of a school-sponsored activity, or school bus, polling place on day of election, premises of a court, court room and court office, racetrack, and a secured area of an airport. Premises is defined as a building or a portion of a building, does not include any public or private driveway, street, sidewalk, parking lot, parking garage, or other parking area. Private property owners can ban a license holder from carrying on their property, excludes governmental entities not listed in 46.035 PC, must post the 30.06 PC/30.07 PC signs clearly at each entrance, ignoring a sign may constitute a Class C misdemeanor, verbal notice, and ignoring verbal notice may constitute a Class A misdemeanor. Class C violation would prompt an officer to educate the citizen, issue an unobserved misdemeanor/direct file form, and pass out a citizen open carry information card. Class A or Felony violation would prompt an officer to educate the citizen, pass out a citizen open carry information card, and if education does not resolve the issue an in-custody arrest can be effected. Locations open carry is allowed, government buildings, public areas, does not include secured areas restricted to public access (secured area of Police Department), banks if not specifically posted or asked to leave, churches if not specifically posted or asked to leave, government meetings if not specifically posted or asked to leave, and school parking lots or walkways. Requesting a license holder's credentials will be done on a case-by-case basis, should be based on officer safety, reasonable suspicion, probable cause or an exigent concern for public safety, and officers have been directed to contact a supervisor if there are any questions about the contact and interaction with an individual. Protocol of Class C misdemeanor enforcement, Friendswood Police Department will not issue citations for a Class C offense, avoidance of unfair or inconsistent application of this new and vague law, corporate or private property owner policy/preference, officers will assist in identifying alleged offenders, incident will be documented in the department's computer-aided dispatch system (CAD), and the Police Department will assist complainants in filling out an unobserved misdemeanor affidavit if they wish to file charges in the Municipal Court. Council has three options in regard to implementing a policy for possession of firearms during governmental body meetings, do nothing, ban open carry in public meetings, or ban open carry and concealed carry in public meetings. ' **Councilmember Scott moved to have Staff do nothing in regards to implementing a policy for possession of firearms during governmental body meetings. i 01/11/16 4515 Seconded by Councilmember Hill. The motion was approved unanimously. ' Assistant City Manager Morad Kabiri stated the Planning and Zoning Commission was not yet ready to report their vote to Council. With concurrence of Council, Mayor Holland moved to Agenda Item 18C, first and final reading of Ordinance T2016-03. ORDINANCES **Councilmember Rockey moved to approve the First and Final reading of Ordinance No. 2016-03 —An ordinance of the City Council of Friendswood calling for the holding of a General Election on May 07, 2016, for the purpose of electing two (2) Councilmembers, (Position numbers 4 and 6), ordering a Runoff Election on June 11, 2016, if necessary; and making other provisions related to the subject. Seconded by Councilmember McGinnis. The motion was approved unanimously. **Councilmember Hill moved to approve the First and Final reading of Ordinance No. 2016-04 — Art ordinance of the City Council of Friendswood calling for the holding of a Special Election on May 07, 2016, for the purpose of authorizing a local sales and use tax at the rate of one-half of one percent for maintenance and repair of municipal streets; and making other provisions related to the subject. Seconded by Councilmember Scott. Discussion took place between the Mayor, Council, and Staff regarding an explanation of the three proposed sales and use tax Special Election ordinances, the Community and Economic Development Committee (CEDC) has not discussed the proposal put forth by the Friends of Downtown Friendswood Association, referendum ballot language has not been put forth to CEDC, and there has been no formal ' recommendation to Council. Three options available to choose from in regards to additional sales and use tax, half cent sales tax for streets or 3/8 cent sales tax for streets and 1/8 sales tax for Type B economic development, and advantages and disadvantages of each proposed option. Suggestion was made to table the item for a month, possibly present all three options to voters. The City Attorney clarifietl that the statute is very restrictive, and all ballot language is fixed. ***Councilmember Rockey moved to table the first and final reading of Ordinance No. T2016-04 for one month. Seconded by Councilmember McGinnis. The motion to table was approved 4-3 with Mayor Holland and Councilmembers Hill and Scott opposed. I ****Councilmember Rockey moved to amend the motion to table to include Agenda Item 18E and 18F, the First and Final reading of Ordinance No.'s T2016-05 and T2016-06. , Seconded by Councilmember McGinnis. The amendment to the motion to table was approved 4-3 with Mayor Holland and Councilmembers Hill and Scott opposed. With concurrence of Council, Mayor Holland moved to Agenda Item 15A, the first reading of Ordinance T2016-01. Assistant City Manager Morad Kabiri reported the Planning and Zoning Commission's vote for Agenda Item 15A, First reading of Ordinance No. T2016-01, an ordinance amending Appendix"C" "Zoning", of the Code of Ordinances of the City of Friendswood, Texas, by amending the Zoning Classification for tlje property generally located at 103, 105 and 107 Shadwell Lane, a tract of land consisting of approximately .981 acres, also known as Lots 1, 2 and 3 in Winding Hollow subdivision, being a replat of a part of Lot 11, Block 6, Friendswood subdivision, in the Sarah McKissick or J.R. Williams League, more fully described in Exhibit "A", incorporated by reference, from the prior designation of Planned Unit Development ' (PUD)/Specific Use Permits, as referenced in prior Ordinance Nos. 2000-38, 2005-37, 2011-11 and 2013- 41, to a new Planned Unit Development(PUD), pursuant to the attached site plan included in Exhibit"B", all as more specifically provided herein; providing for the amendment of the Official Zoning Map was approved unanimously. 01/11/16 4516 **Councilmember Scott moved to approve the First reading of Ordinance No. T2016-01 — An ordinance ' amending Appendix "C" "Zoning", of the Code of Ordinances of the City of Friendswood, Texas, by amending the Zoning Classification for the property generally located at 103, 105 and 107 Shadwell Lane, a tract of land consisting of approximately .981 acres, also known as Lots 1, 2 and 3 in Winding Hollow subdivision, being a replat of a part of Lot 1, Block 6, Friendswood subdivision, in the Sarah McKissick or J.R. Williams League, more fully described in Exhibit "A", incorporated by reference, from the prior designation of Planned Unit Development (PUD)/Specific Use Permits, as referenced in prior Ordinance Nos. 2000-38, 2005-37, 2011-11 and 2013-41, to a new Planned Unit Development (PUD), pursuant to the attached site plan included in Exhibit "B", 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 Enochs. The motion was approved unanimously. Assistant City Manager Morad Kabiri reported the Planning and Zoning Commission's vote for Agenda Item 15B, First reading of Ordinance No. T2016-02—An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C —"Zoning," by amending the zoning classification for a tract or parcel containing 0.8451 acres out of Lot 4, Block 2 of Sherman Place, a subdivision plat of record at Volume 69, Page 231 of the deed records of Harris County, Texas; amending the zone classification from Community Shopping Center(CSC) to Community Shopping Center/Specific Use Permit(CSC/SUP) and granting a Specific Use Permit for NAICS Use No. 522298 "All Other Non-depository Credit Intermediation (pawn shop); providing for amendment of the Official Zoning Map failed 2-3. **Councilmember Scott moved to table Ordinance No. T2016-02 —An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C — "Zoning," by amending the zoning classification for a tract or parcel containing 0.8451 acres out of Lot 4, Block 2 of Sherman Place, a subdivision plat of record at Volume 69, Page 231 of the deed records of Harris County, Texas; amending ' the zone classification from Community Shopping Center(CSC) to Community Shopping Center/Specific Use Permit (CSC/SUP) and granting a Specific Use Permit for NAICS Use No. 522298 "All Other Non- depository Credit Intermediation (pawn shop); 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 Mayor Holland. The motion to table was approved unanimously. With concurrence of Council, Mayor Holland moved to Agenda Item 15G, the first and final reading of Ordinance T2016-07. **Councilmember Scott moved to approve the First and Final reading of Ordinance No. 2016-07 — 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 XVI" 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. **Councilmember Hill moved to approve the First and Final reading of Ordinance No. 2016-08 — An ordinance amending City of Friendswood, Texas, Ordinance No. 2015-27, passed and approved October 5, 2015, same being an ordinance approving and adopting the City's General Budget for Fiscal Year 2015-2016 by approving "Budget Amendment III" to the "Original General Budget of the City of Friendswood, Texas, for the Fiscal Year 2015-2016"; providing for supplemental appropriation and/or transfer of certain funds; providing for severability; and providing other matters related to the subject. Seconded by Councilmember Gustafson. The motion was approved unanimously. Discussion took place between the Mayor and Council regarding the proposed budget amendments. , COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS i 01/11/16 45171 ' Councilmember Gustafson stated his first term as Councilmember would end in the upcoming months, has been an honor to serve the City of Friendswood, believes his term has been a successful one, and hopes the citizens of Friendswood would agree. During his time on Council, the Wight lawsuit was settled, bond projects approved by citizens have been initiated, admittedly he did not support the bond initiative but once the citizens thought it was a good idea he got on board right away, has done everything he knows to push the projects along and make sure they are done efficiently and effectively, believes he . has worked well with others on Council even when he has disagreed with them, moving forward he believes there is more work to be done, many exciting opportunities await the City in the next three years, and announced he would run for a second term as Councilmember in the upcoming City election. Councilmember McGinnis stated the end of his second term is coming up and has regretfully decided not to run for re-election. Thanked Mayor Holland for his leadership, even in times of disagreement Council has worked well together, proud of his small role with the team, started a new job last year that has kept him very busy, and his time is very limited now. He has not been able to attend a meeting for the Senior Citizen Advisory Committee as their liaison for several months, does not want the label of being in his Councilmember seat just to hold an office, feels that it is necessary for him to step aside so that someone with the time and energy to dedicate to the job can offer the best service to the citizens. Current Council still have four months of hard work ahead of them and there will be plenty of time to reminisce and say, goodbye. Councilmember Hill stated he was honored to attend the inauguration of Friendswood High School Honor Society, his grandson Austin Hill was inaugurated, and wished everyone on the dais could have heard State Representative Greg Bonnen's speech. Former Police Chief Mitch Wright passed away, served the City well for 25 years, was a perfect fit for the City of Friendswood, and thanked Mr. Wright for what he did for the City of Friendswood. ' Councilmember Enochs wished everyone a Happy New Year. Councilmember Rockey stated he would like to congratulate Councilmember Gustafson on the job as Galveston County Republican Party Interim Chair and wished him good luck. Reserves the right to talk Councilmember McGinnis out of not running for re-election. The December meeting where Council named the three City facilities has received a lot of positive feedback, three members of Council that worked on that sub-committee, are brilliant and it was one of the most fun things he has done while on Council. Mayor Holland and Councilmember Scott stated they had nothing to report. CONSENT AGENDA "Councilmember Scott moved to approve all items on 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 2015 Property Tax Report. D. Approving the Minutes of the November 02, and December 07, 2015, Council Meetings. Seconded by Councilmember Hill. The motion was approved unanimously. "Councilmember Scott moved to discuss Consent Agenda Item A. Ratify the Mayor's signature on a grant application from the Hazard Mitigation Grant Program in the amount of $86,900. The application request is to install lightning warning equipment within nine City parks to provide early warning If approaching electrical storms. Seconded by Councilmember Hill. Discussion took place between the Mayor and Council regarding that most youth sports organizations have lightning warning equipment they carry with them, and are good at cancelling events during lightning occurrences. 01/11/16 4518 ••Councilmember Scott moved to deny Consent Agenda Item A. Ratify the Mayor's signature on a grant , application from the Hazard Mitigation Grant Program in the amount of$86,900. The application request is to install lightning warning equipment within nine City parks to provide early warning of approaching electrical storms. Seconded by Councilmember Hill. The motion to deny was approved 5-2 with Councilmembers Enochs and Gustafson opposed. The meeting was adjourned at 8:33 PM. Mayor Kevin r and Attest: Melinda elsh,•TRMC ;U;' G City Secretary . * : C ' OF