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HomeMy WebLinkAboutCC Minutes 2016-02-01 Regular I 02/01/16 4519 STATE OF TEXAS )( ' CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( FEBRUARY 01, 2016 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, FEBRUARY 01, 2016, AT 5:00 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 ARNOLD POLANCO CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH REGULAR SESSION Mayor Holland called the meeting to order. The invocation was given by Pastor Lynn Colby with Calvary Chapel Church. ' Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Michael Stacy, Friendswood resident, addressed Council and stated he sent emails to Councilmember Gustafson in regards to a Public Information Request in which he requested Planning and Zoning Committee (P&Z) meeting minutes. The minutes were not available a week after the P&Z meeting, once he received the minutes they were an exact replica of the agenda, concerned about how the City is keeping records and not following the Open Meetings Act. Mr. Stacy would like Resolution No. R2013-13 placed on a future Council agenda for discussion, believes multiple violations are occurring in Imperial Estates Section One Subdivision, and Friendswood citizens deserve an explanation for the inaccuracies. Mac Thornhill, Friendswood resident, addressed Council and stated he has lived in Friendswood since 1972 and has seen some great changes in the City, appreciates what Friends of Downtown Friendswood Association is doing but there are locations on Blackhawk Boulevard that are in desperate need of repair. If economic development is connected to the sales tax proposal, he will vote no towards the proposal. WORK SESSION Mayor Holland opened the discussion regarding an update to the Building and Fire Codes. Assistant City Manager Morad Kabiri introduced new Chief Building Official Brian Rouane, and stated Mr. Rouane has been an employee with the City for almost seven years. Mr. Rouane explained in order to maintain the City's current Insurance Service Office (ISO) rating, an update to the current Building and Fire Codes is required. Staff recommends updating to the 2012 International Residential Code (IRC) and 2011 National Electric Code (NEC), and would bring the City's codes in line with neighboring communities. The 2012 IRC has four significant impacts, clarity on issues that have occurred, expands on ark fault and ground' fault circuit interrupter, introduces green building items that have been ignored in past codes, and incorporates the Energy Conservation Code. Staff has started to notice a pull towards Energy Conservation Code compliance with the City's major permit pullers, would like to have a grace period 02/01/16 4520 after implementation to introduce new code to builders, and host a builder's conference to introduce new Staff and discuss how the updated building code would be implemented. ' Discussion took place between Mayor, Council, and Staff regarding the update to the codes would include the Fire Code. Mayor Holland volunteered his services to help along with Adam Hill in regards to the 2012 International Residential Code, and the green technology listed in the updated code is optional if the builder chooses to incorporate them into their building process. Mayor Holland opened the discussion with Progressive Waste Solutions. Administrative Services Director Cindy Edge introduced Chris Ochoa with Progressive Waste Solutions. Mr. Ochoa introduced District Manager Jerry Martin and Operations Manager, Alvin District, Kevin Hefco. Mr. Ochoa gave a presentation regarding a review of 2015, partnership highlights, and moving forward with the partnership. Over the past year, Progressive Waste Solutions (Progressive) collected 16,062 tons of municipal solid waste, 2,018 tons of single stream recycling, 1,898 tons of green waste, and was nominated by Keep Friendswood Beautiful (KFB) for a Business/Industry Award through Keep Texas Beautiful. Progressive consistently partners with KFB and the Chamber of Commerce, partnered with KFB for Spring Sparkle and Fall Haul-A-Day, partner with the local high school to contribute $2,000 in scholarship funds and a Friendswood High School recycling program, helped sponsor the Chamber of Commerce golf tournament and contributed to the Chamber of Commerce Gala. A video was shown to recap Progressive's involvement in the City of Friendswood for 2015. Progressive can assist with Solid Waste Grants and provide public data on past grant appropriated funds. The City could apply for additional resources for a tub grinder, recycle center, hazardous waste event, city park enhancements, tire round-ups, and diversion programs. Progressive would like to enhance their brand and messaging such as use of Public Education Television, social media, fleet wraps, and monthly e-newsletter. There is an industry shift towards automation, is safer and more productive, reduces carbon footprint, helps with grant process, and would allow Progressive to keep costs down. Progressive would like to assist the City of Friendswood with sustainability, landfill rates are increasing, recycle rebates are at zero, and processing fees are increasing. Progressive will keep Council informed so that a decision can be made together for ' the future. A video was shown demonstrating Progressive's automation process and its many benefits. The City of Friendswood does have the option of recycle carts, and a video example was shown of recycle carts being used in the West Ranch Subdivision. Progressive recommends Council to commission a sustainability task force with key stakeholders, for Council to provide an opportunity to allow Progressive to automate a section of the community and present their findings to Council and Staff. Discussion took place between Mayor, Council, and Chris Ochoa with Progressive Waste Services (Progressive) regarding that the Consumer Price Increase (CPI) has been flat, landfill rates have increased, possibility Progressive would petition Council for a CPI adjustment based on lower fuel rates, holiday collections would be addressed through social media reminders, and carts incur a $1.05 charge per month. Progressive would like to conduct a survey during Spring Sparkle and Fall Hail-A-Day regarding recycle carts versus bins. The final year of the City's contract with Progressive is approaching, and there is a provision in the current contract that would allow for a five year extension. Mayor Holland opened the discussion regarding an update on Capital Projects. Director of Public Works/City Engineer Patrick Donart presented a PowerPoint presentation regarding the progress made on Capital Projects since the January Council meeting. A meeting room being renovated during the library expansion project has been painted and the carpet installed. A resolution has been reached regarding the steel members allowing Ardent Construction to recommence outside activities. There have been 71 rain days on the expansion project coupled with the steel issue so the completion date for the project has been adjusted to the end of May. Staff will present an item later in the meeting regarding the guaranteed maximum price from Durotech, Inc., (Construction Manager-at-Risk) for Fire Station No. 4 expansion and the new fire station headquarters. The construction process continues for improvements at the Sportspark, and the new concessions/restroom buildings have been set. The lighting contractor has installed all of the poles, lighting fixtures and wiring with permanent power being activated soon, 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. The parking lot concrete is scheduled to be poured soon, 02/01/16 4521 i and work on the sidewalks to the existing fields will be the next big task. A video clip and pictures were ' shown_demonstrating the progress that had been made at the Sportspark. Architectural and civil design activities are complete for the basketball pavilion at Centennial Park. The project is currently out for bids with bids due on February 23, 2016. -Staff plans to present the bids to Council in May. Friendswood Development Company (FDC) is nearing completion of their portion of the Lake Friendswood project. Staff is continuing to work with representatives from FDC and Wilson McClain regarding siting the proposed restroom and pavilion. Staff received a list of requests from residents of Rancho Viejo subdivision, those requests are being evaluated for possible implementation, and some of the requests have already been addressed. The bridge connecting Stevenson Park and Old City Park continues off- site fabrication with completion anticipated in late February. Due to the projected costs to set the bridge, Staff has determined the work would require a formal bid, and that effort is currently being advertised for bids. Plans are being prepared for the trail system and should go out for bid in February, and the recently acquired house at 1102 Winding Way has been demolished 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. A video clip was shown of the pool resurfacing project. A preconstruction meeting was held in January regarding the City Hall re-roof project. The contractor is procuring their shop drawings for approval, removal of the old roof is anticipated to start the second week of February, old roof will be removed by March 10, 2016, and project should be completed by April 15, 2016. 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 a pre-construction meeting later this month and issue the notice to proceed expected for March 7, 2016. The Whispering Pines Avenue/Friendswood Link Road project is 79% complete. On the Galveston County side, the paving from FM 518 to the bridge has been completed. A final walkthrough on the pavement was conducted on January 27, 2016, and traffic was transferred to the new pavement earlier today. The Harris County side has been opened from Wedgewood Elementary to Blackhawk Boulevard. The overall project is expected to be completed by the Summer of 2016, and to-date there have been 75 rain days on ' the project. Staff has not received 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 an anticipated completion date of Summer 2016. Lift Station No. 3 and Lift Station No. 18 are currently under construction. The wet well has been set and piping is being installed at Lift Station No. 3. The wet well is in the early stages of installation at Lift Station No. 18, and the completion date is to be determined for both lift stations. 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. The Agreed Order by Texas Commission on Environmental Quality (TCEQ) for the inflow/infiltration issue at the Blackhawk Wastewater Treatment Plant is scheduled for the February TCEQ Commission agenda. Upon action taken by the TCEQ board, the participants will have approximately one year to complete the third clarifier project. 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, plans are being reviewed by the Texas Department of Transportation (TxDOT) and an American with Disabilities Act (ADA) specialist for approval/permitting. The project is currently out for bids with bids due back February 23, 2016, and Staff will present this item to Council at the March Council meeting. Discussion took place between Mayor, Council, and Staff regarding the resolution reached on the steel members at the library expansion project, estimated completion date of the Lake Friendswood project is October 2016 but could be completed earlier, and a request to water test the City Hall roof when the ' permeable membrane is installed. The contractor for the Round 1 Street Improvement project has advised Staff that if the City decided to move forward and install the additional lanes from the bridge to FM 518 the cost currently would be around $200,000 but if Council decides to install the additional lanes in the future, the costs would include the $200,000 plus traffic control cost and any increase in material 02/01/16 4522 and design for the project. Providing wider lanes would give the homeowners more comfort, and utilizing funds Council previously allocated there are funds available to cover the additional cost. Fire Station No. , 4 expansion and the new fire station headquarters are within the $6.1 Million budget. Friendswood Volunteer Fire Department (FVFD) requested to add items cut out of the.project back if there is a savings, and Council was in agreement with the Fire Department's request. In order to keep the project within the $6.1 Million budget, Joiner Architect reduced their fee, and FVFD made adjustments in their furniture, fixtures, and equipment (FF&E). The concerns brought to Staff by the Friendswood Lakes Homeowner's Association in regard to the new fire station headquarters at the Public Safety Building, and FVFD's transition plan was discussed. With concurrence of Council, Mayor Holland moved to Agenda Item 12, City Manager's Report. CITY MANAGER'S REPORT City Manager Roger Roecker reported that the Annual Tree Giveaway sponsored by Keep Friendswood Beautiful (KFB) was held at Friendswood City Hall, on January 16, 2016, where 120 — fifteen gallon Eagleston Holly, Nuttal Oak, Cherry Laurel, Magnolias, and Redbud trees were given away to residents. All trees were given away in record time, 30 minutes, this year. The City would like to thank Alvin Tree Farms for providing the trees at a discounted rate, Manor Maintenance for delivering the trees to City Hall, and all the volunteers from KFB along with the Parks and Recreation Department Staff for making the event a success. For more information and/or to make a donation, please check the City's website or contact the Parks and Recreation Department. The City Manager reported that Neighborhood Scout named the City of Friendswood as one of the Top 100 Safest Cities in the United States. Their research revealed the 100 safest cities in America with 25,000 or more people, based on total number of property and violent crimes per 1,000 residents. Crimes include burglary, larceny-theft, motor vehicle theft, murder, forcible rape, armed robbery, and aggravated assault. Data used for their research included the number of total crimes reported to the , Federal Bureau of Investigation (FBI) that occurred in each city, and the population of each city, used the 2013 year total data, released in final, non-preliminary form in November 2014. The City of Friendswood was ranked No. 44 in the United States (U.S.); and was No. 2 in Texas following Keller. Other Texas cities to make the list included Little Elm, Flower Mound, The Colony, Wylie, Cibolo, and Leander. This is the City of Friendswood's fourth year to be included on the list, and is the only city in the Houston Metropolitan area that made the list. The City Manager reported that the City received positive financial news from Standard & Poor's Ratings Services (S&P)who has affirmed the long-term rating of AA+ for the City's General Obligation Permanent Improvement and Refunding Bonds. S&P also assigned their rating of AA-for the City's Waterworks and Sewer System Revenue Bonds. According to S&P, this rating review reflects their assessment of the City's strong conservative management, strong reserves, adequate debt burden, a strong economy with access to the Houston metropolitan statistical area, and their expectation that the area economy will not change significantly. This positive news is an indication to the taxpayers, the City of Friendswood's commitment in ensuring the City's long-term financial health. A bond rating, similar to a person's credit score, represents the credit worthiness of the City's bonds to potential investors. The City Manager reported that a lady came into his office today and wrote a check for$10,000 from the estate of Marie Buckler as a donation for the Animal Control Facility's programs. With concurrence of Council, Mayor Holland moved to Agenda Item 19, Consent Agenda. CONSENT AGENDA **Councilmember Scott moved to approve all items on the Consent Agenda as presented: A. Authorizing ' the acceptance of paving and infrastructure improvements into the one-year maintenance period for Sierra at West Ranch Section 2. B. Authorizing the acceptance of paving and infrastructure improvements, into the one-year maintenance period, for West Boulevard Phase 4. C. Accepting the 02/01/16 4523 i December 2015 Property Tax Report. ' Seconded by Councilmember Hill. The motion was approved unanimously. With concurrence of Council, Mayor Holland moved to Agenda Item 16, Discussion and possible action regarding approval of a Public-Right-of-Way Use and Indemnity Agreement with Benzi Development Company, LLC. ACTION ITEMS "Councilmember Rockey moved to approve a Public Right-of-Way Use and Indemnity Agreement with Benzi Development Company, LLC, for access and utility improvements to serve a 10 acre tract known as Division D, Lot 63, of the Perry and Austin League(Hoidale and Coffman Subdivision). Seconded by Councilmember McGinnis. The motion was approved unanimously. With concurrence of Council, Mayor Holland moved to Agenda Item 6, Closed Executive Session. CLOSED EXECUTIVE SESSION i 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. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS City Manager Roger Roecker presented the Five Star Spirit Award for the fourth quarter of 2015 to Peace Officer Jason Ives, who has been with the City's Police Department since December 2005. Officer Ives was nominated by someone he brought in on a warrant, which would normally be a very negative interaction with the City's Police Department. Officer Ives pulled over a motorist for a tail light issue and they unknowingly had a warrant for an unpaid ticket. Despite being a stressful situation for the motorist, the interaction with Officer Ives was a positive one. 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. Peace Officer Jason Ives explained the circumstance behind his nomination, introduced his wife and four daughters, they are his inspiration, has worked for the Friendswood Police Department for 10 years, and thanked Police Chief Bob Wieners for the opportunity to serve the City. JOINT PUBLIC HEARINGS Mayor Holland and Planning and Zoning Commission Chair David O'Farrell called a Joint Public Hearing to order to review comments from the public, both oral and written, regarding Tract 1 a zone classification change request for Lot 1 of Morningside Office Park, property located on 312 Morningside Drive, Friendswood, Galveston County, Texas, to change from Light Industrial (LI) to Office Park District (OPD). Tract 2 a zone classification change request for Lot 2 of Morningside Office Park, property located on 121 ' Magnolia Street, Friendswood, Galveston County, Texas, to change from Light Industrial (LI) to Office Park District(OPD). City Planner Aubrey Harbin gave a brief history and discussed the request. 02/01/16 4524 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 the Council's portion of the Joint Public Hearing open. Mayor Holland and Planning and Zoning Commission Chair O'Farrell 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 7.P.6, Permitted Use Table, to change NAICS Use No. 441 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 and NAICS Use No. 81112 Automotive Body, Paint, Interior and Glass Repair to"Not Permitted" in the Downtown District(DD). City Planner Aubrey Harbin gave a brief history and explained 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 left Council's portion of the Joint Public Hearing open. COMMUNICATIONS FROM THE PUBLIC Mike Foreman, Friendswood resident, addressed Council and stated he is running for Council Position No. 4, has lived in the City of Friendswood for 17 years,was an Astronaut until July 2015, when he retired ' from National Aeronautics and Space Administration (NASA), and looking forward to serving on Council if elected. Meg Crowley, Friendswood resident, addressed Council and announced the Friends of Downtown Friendswood Association will host the first annual Texas Music Festival on March 05, 2016, from 2:00 PM to 9:00 PM at Captain's Corner located at the corner of FM 518 and FM 2351. The event is family friendly and free to the public, promoting to have more businesses come into the downtown area. The headliner for the event will be Zain Williams. David O'Farrell, Friendswood resident, addressed Council and stated he was at the meeting to speak on behalf of Friends of Downtown Friendswood Association (FDFA), requests to have funds for downtown placed on the upcoming May ballot, schools and neighborhoods are great but downtown is not keeping up with the rest of the City of Friendswood. The 1/8 cent additional sales tax would let the citizens show that they would like a face lift for the old downtown area, younger citizens know there is something inherently wrong when a city like Friendswood has an unkempt downtown. FDFA is asking Council for visionary conclusive leadership for the City, and let the citizens have a say in what is on the May ballot. Pauline Moore, Chairman of the Community and Economic Development Committee (CEDC), addressed Council and stated she would like to discuss the importance of the sales tax election, thanked Council for their.service, supports a sales tax proposition used to improve the downtown area and in order to achieve the upgrades intended there will need to be great revenue. Philip Ratisseall, Friendswood resident, addressed Council and stated he was at the meeting to talk about downtown and sales tax, the City lowered property taxes not too long ago but now is raising fees and proposing to raise sales taxes, if property taxes were raised the revenue stream would be much larger, , property taxes are higher than sales taxes in the City of Friendswood, and is concerned nothing new is happening in the downtown area. i 02/01/16 4525 Rebecca Hilienburg, Friendswood resident, addressed Council and stated she has been involved with the ' Community and Economic Development Committee (CEDC) and school district in the past. If Council chooses to take action on the half-cent sales tax increase allowed she would appreciate Council's consideration on 1/8 cent for Friendswood's downtown development. To her knowledge, no direct funds have been put towards downtown and with Council's leadership, give the voters the chance to decide what they want. Council has reviewed and looked at the issue from all angles, and asked Council to consider what is best long-term for the City of Friendswood. Gary Kay, Friendswood resident, addressed Council and stated he chose to move to the City of Friendswood a little over a year ago, enjoys change, joined the military at the age of 18 so he could be sent to Germany, he is one of the only people he knows that likes change, how do you manage change, FM 528 is up and going but looks like every other community around, what makes this town different, the City has an opportunity to change this perception. He believes the proposed sales tax for downtown development is worth it for future generations. I Aaron Chester, Friendswood resident, addressed Council and stated he has lived in the City of Friendswood for five and a half years with his wife and three young children, excited to raise them in Friendswood due to the good people, community, schools, and the safety discussed earlier in the i meeting. Downtown has great potential and when he heard that the Friends of Downtown Friendswood Association were focusing on bringing families together and on enhancing the beauty and quality of the' community, he was excited about what could come of the potential sales tax, and hopes to see the proposed sales tax on the ballot. Sky Lyn Gibbons, Friendswood resident, addressed Council and stated she grew up in the City of Friendswood and is currently raising her two children here, and loves everything about Friendswood. The City was blessed to have saved the historic Brown House from demolition back in 1990, and it is tragic to how many historic buildings the City has lost. Ms. Gibbon believes the City can have an attractive ' pedestrian-friendly downtown that encourages citizens to spend their time and dollars in their own city. She stated she is in the process of opening a wonderful new restaurant in Friendswood, Brasserie 1895, scheduled to open in March, and will feature American flair with a French twist, thanked Staff for all their help and making it an enjoyable process to open a business in the City of Friendswood, believes Friendswood is business friendly, and lot more could be done to make it more business friendly. Jim Foreman, Friendswood resident, addressed Council and stated at Texas A&M University there is a saying that says if it happens more than once it is called a tradition, representing Friends of Downtown Friendswood Association (FDFA), the Friendswood Farmer's Market, and various other organizations, did a survey over a two week period to be able to present the public's opinion, they asked would voters support a 1/8% sales tax if it were on the ballot, 625 Friendswood residents on Facebook over the age of 18 responded and of that 92%were in favor. Jerry Ericsson, Friendswood resident, addressed Council and stated he would be respectfully blunt, sales tax discussion has been going on since 1992, should allow visitors of Friendswood to pay the same sales tax that Friendswood residents pay when visiting other cities, and believes the proposed 3/8% for streets and 1/8%for the downtown area will pass. Richard Sasson, Friendswood resident, addressed Council and stated he has lived in the City of Friendswood since 1993, first time to talk to Council, a member of the Friends of Downtown Friendswood Association (FDFA) for two months, believes the proposed ballot will pass and that the 1/8 cent sales tax would bring the best visual incentive to the citizens, a portion of this will help maintain the roads but the majority of it would help brighten the City's future, and Council should allow the citizens to decide how their money will be spent. ' Susan Doran, Friendswood resident, addressed Council and stated she was born and raised in the City of Friendswood but works across the country and overseas, likes to get behind a great cause, would like to be able to advertise and motivate voters to vote, and the 1/8% proposed sales tax to go towards the development of downtown would be a great motivation. 02/01/16 4526 Mike Hickey, Friendswood resident, addressed Council and stated he has lived in the City of Friendswood ' for 40 years. Council is not his forum, normal forum is education, has helped rebuild and construct several churches in Friendswood, number one goal was curb appeal, there is not a lot of curb appeal on FM 518, would be willing to lead the fight for a bond issue for downtown. The development of downtown has been in the works for a long time, the opportunity is now here, and work needs to be done to fix the future of downtown. David Smith, Friendswood resident, addressed Council and stated there are five things that are important to him, the City of Friendswood should be a whole life community, do not have the pride in downtown area like the rest of the community, and an investment into downtown would make it part of the whole. If Council demonstrates they are willing to sponsor the downtown area, business owners will follow their lead. Another important thing to him is fiscal responsibility, Friendswood's tax dollars are used to deal with people from outside the City of Friendswood, mostly traffic and crime, and investing in downtown is a smarter long-term investment. The third important thing to him is parks and recreational enhancements, a Type B sales tax could help create parks downtown and money for streets alone could not. The fourth thing that is important to him is safe neighborhoods, a Type B sales tax could be used toward neighborhood improvements, and street money alone could not. Streets and infrastructure is the fifth thing that is important to him, could fix streets with a Type B sales tax, is up to Council how the money will be spent, and hopes these five things are just as important to Council. Ron Cox, Friendswood resident and former Friendswood City Manager, addressed Council and stated he was at the meeting to speak in favor of the 118% sales tax, has only spoken three times in the 10 years he has not been on the dais, first time was to congratulate Deloris McKenzie on her retirement from the City Secretary position, and second time was to report to Council about an important bond issue. He believes the third time is equally important to be able to express to Council a visionary and true legacy- building decision, has worked with 50 cities in the past 10 years and all have a conscious need to improve their downtown. The cities that have been the most successful have put financial backing behind it. ' Downtown Friendswood has been essentially the same for the past 25 years, a dozen people put together a plan for the Downtown District in the early 2000's, two problems with that plan, no support from the community and no financial commitment from the City. Currently have support of the community from the Friends of Downtown Friendswood Association, and have the opportunity for the financial backing. There is a great group ready to work on the Council's behalf, urges Council to vote for the 1/8% economic development and 318% streets proposed election and give the citizens the opportunity and choice to vote. Brett Banfield, Friendswood resident, addressed Council and stated over the past month or so there has been discussion both publicly and privately on the issue of whether or not downtown should receive funding from sales tax. Council has a very important vote in front of them later in the meeting for the future of the City of Friendswood. It has been suggested that Friends of Downtown Friendswood (FDFA) Association has been trying to divide Council and challenge Council's leadership, that was not FDFA's intent, and there is nothing wrong with a four to three vote. Council has made good arguments on this issue, what is the solution, FDFA handled the issue the right way, the Friendswood way, Council should defer to the citizens, please allow the citizens to be able to vote on this, even if you do not back the tax allow it to be on the ballot so that everybody can have a say on this issue. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Animal Shelter Advisory Committee Chair Dr. Donald Stran gave the annual report and stated in general everything is functioning very well. In 2015, the Police Department implemented new tracking software to benefit the Animal Control Facility. The software is integrated with the Police Department's software to produce more accurate data, officers have microchip readers in the field which decreases the emotional upset and animal intake. The committee is in the process of updating the Standard Operating Procedures. In 2016, plan to expand the fostering program, work on having microchips for all animal ' owners in the City of Friendswood, an academic internship program with Friendswood Independent School District and Clear Creek Independent School District, and further software improvements. In the past year the Animal Control Facility had 674 impounds, almost 1,300 volunteer hours, adoption program 02/01/16 45271 is going well, and besides domestic animals the facility dealt with wild animals, carcasses, and ' investigations. With concurrence of Council, Mayor Holland moved to Agenda Item 13, Discussion and possible action regarding approving to enter into a cost sharing agreement with participants of the Southeast Water Purification Plant. ACTION ITEMS (continued) **Councilmember Hill moved to approve to enter into a cost sharing agreement with participants of the Southeast Water Purification Plant for the preliminary design for replacement of the existing 42" water main jointly serving the City of Friendswood, and authorizing the Mayor to execute the agreement. Seconded by Councilmember Enochs. The motion was approved unanimously. **Councilmember Rockey moved to approve a guaranteed maximum price contract with Durotech, Inc., ! for construction services for Fire Station No. 1 and renovations of Fire Station No. 4. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Scott moved to approve the award of a professional services contract with Lockwood, Andrews, & Newman, Inc. (LAN), for engineering services for Lift Station No. 23 and authorizing the Mayor to execute the contract. Seconded by Councilmember Hill. The motion was approved unanimously. With concurrence of Council, Mayor Holland moved to Agenda Item 17, Ordinances. I ORDINANCES ' **Councilmember Hill moved to approve the Second and Final reading of Ordinance No. 2016-01 — 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 No's. 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 Rockey. The motion was approved unanimously. Assistant City Manager Morad Kabiri stated Agenda Item 17B, the 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 was withdrawn by the applicant. **Councilmember Scott moved to approve the First and Final reading of Ordinance No. 2016-04 — An 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 Hill. The motion failed 3-4 with Mayor Holland and Councilmembers Rockey, Enochs, and Gustafson opposed. 02/01/16 4528 Discussion took place between Mayor, Council, and Staff regarding the options available to Council for holding a Special Election in May for the purpose of an additional local sales and use tax. , **Councilmember Enochs moved to approve the First and Final reading of Ordinance No. 2016-05 —An 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 three-eighths of one percent for maintenance and repair of municipal streets; and making other provisions related to the subject. Seconded by Councilmember Rockey. The motion was approved 6-1 with Councilmember Hill opposed. **Councilmember Rockey moved to approved the First and Final reading of Ordinance No. 2016-09 —An 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 Economic Development Sales and Use Tax at the rate of one-eighth of one percent pursuant to Chapter 505, Texas Local Government Code; and making other provisions related to the subject. Seconded by Councilmember Gustafson. The motion was approved 4-3 with Councilmembers Hill, McGinnis, and Scott opposed. City Planner Aubrey Harbin reported that the Planning and Zoning Commission's vote for Agenda Item 17F, First reading of Ordinance No. T2016-10, An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C — "Zoning," Section 7, "Schedule of District Regulations," Subsection 7.p.6, "Permitted Use Table," by providing for the adoption of amendments to the City's zoning ordinance, changing the following NAICS Uses from either Permitted (P) or requiring a Special Use Permit (S) to Not Permitted (blank) within the "Downtown District" (DD) zone: NAICS Use No. 447 "Gasoline Stations," NAICS Use No. 493 "Warehousing and Storage," NAICS Use No. 532 "Rental and Leasing Services," NAICS Use No. 8111 "Automotive Repair and Maintenance" and NAICS Use No. 81112 "Automotive Body, Paint, Interior and Glass Repair;"was approved 4-2. **Councilmember Hill moved to approve the First reading of Ordinance No. T2016-10 — An ordinance , amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C —"Zoning," Section 7, "Schedule of District Regulations," Subsection 7.p.6, "Permitted Use Table," by providing for the adoption of amendments to the city's zoning ordinance, changing the following NAICS Uses from either Permitted (P) or requiring a Special Use Permit (S) to Not Permitted (blank) within the "Downtown District" (DID) zone: NAICS Use No. 447 "Gasoline Stations," NAICS Use No. 493 "Warehousing and Storage," NAICS Use No. 532"Rental and Leasing Services," NAICS Use No. 8111 "Automotive Repair and Maintenance" and NAICS Use No. 81112 "Automotive Body, Paint, Interior and Glass Repair;" providing a penalty for violation in an amount not to exceed $2,000, or as otherwise provided by law; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; and providing for severability. Seconded by Councilmember Enochs. Discussion took place between Mayor and Council regarding that there are several long-time downtown businesses that would be affected, business owners were not contacted, Council had requested current business to be protected by grandfathering, and the suggestion was made to table the item until a later date. ***Councilmember Gustafson moved to table the First reading of Ordinance No. T2016-10 — An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C —"Zoning," Section 7, "Schedule of District Regulations," Subsection 7.p.6, "Permitted Use Table," by providing for the adoption of amendments to the city's zoning ordinance, changing the following NAICS Uses from either Permitted (P) or requiring a Special Use Permit (S) to Not Permitted (blank) within the "Downtown District" (DID) zone: NAICS Use No. 447 "Gasoline Stations," NAICS Use No. 493 "Warehousing and Storage," NAICS Use No. 532 "Rental and Leasing Services," NAICS Use No. 8111 "Automotive Repair and Maintenance" and NAICS Use No. 81112 "Automotive Body, Paint, Interior and Glass Repair;" providing a penalty for violation in an amount not to exceed $2,000, or as otherwise provided by law; ' repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; and providing for severability. Seconded by Councilmember Rockey. The motion to table was approved 4-3 with Councilmembers Hill, 02/01/16 4529 McGinnis, and Scott opposed. ' City Planner Aubrey Harbin reported that the Planning and Zoning Commission's vote for Agenda Item 17G, First reading of Ordinance No. T2016-11, An ordinance amending Appendix "C" "Zoning', of the Code of Ordinances of the City of Friendswood, Texas, by amending the zoning classification for two tracts of land containing 1.0299 acres described as Lots 1 and 2 of Morningside Office Park, a subdivision plat of record at page 115b of the plat records of the Clerk of Galveston County, Texas, located at 312 Morningside Drive and 121 Magnolia Street, Friendswood, Texas; amending the Zone Classification from Light Industrial (LI) to Office Park District (OPD), all as more specifically provided herein; providing for the amendment of the Official Zoning Map was approved unanimously. **Councilmember Scott moved to approve the First reading of Ordinance No. T2016-11 —An ordinance amending Appendix "C" "Zoning', of the Code of Ordinances of the City of Friendswood, Texas, by amending the zoning classification for two tracts of land containing 1.0299 acres described as Lots 1 and 2 of Morningside Office Park, a subdivision plat of record at page 115b of the plat records of the Clerk of Galveston County, Texas, located at 312 Morningside Drive and 121 Magnolia Street, Friendswood, Texas; amending the Zone Classification from Light Industrial (LI) to Office Park District (OPD), 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 McGinnis. The motion was approved unanimously. **Councilmember McGinnis moved to approve the First reading of Ordinance No. T2016-12 — 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 Rockey. The motion was approved unanimously. ' **Mayor Holland move to approve the First and Final reading of Ordinance No. 2016-13 —An ordinance authorizing the issuance and sale of the City of Friendswood, Texas General Obligation Permanent Improvement and Refunding Bonds, Series 2016, and approving all other matters incident thereto, approving the official statement, paying agent/registrar agreement and escrow agreement and engaging bond counsel; calling certain outstanding bonds for redemption prior to maturity; providing for the pledge of tax receipts for the payment of the Bonds, and agreeing to levy taxes to pay the Bonds; and enacting other provisions relating to the issuance and sale of the Bonds. Seconded by Councilmember Rockey. The motion was approved unanimously. Discussion took place between Mayor, Council, and John Roebuck with BOSC, Inc., regarding that the bond sale went well, overview of the bond market, Revenue Index was at a 3.83%, General Obligation Index was at a 3.38%, General Obligation Bonds were issued at 15 year debt, all costs interest rate was at 2.90%, Water and Sewer Revenue Bonds were sold, all costs interest rates was a 3.065%, and Water and Sewer Revenue Bonds were issued at 20 year debt. **Mayor Holland moved to approve the First and Final reading of Ordinance No. 2016-14—An ordinance authorizing the issuance and sale of the City of Friendswood, Texas Waterworks and Sewer System Revenue Bonds, Series 2016, and approving all other matters incident thereto, approving the official statement, paying agent/registrar agreement and engaging bond counsel; providing for the pledge of the net revenues of the waterworks and sewer system to secure the payment of the Bonds, and agreeing to set utility rates to pay the Bonds; and enacting other provisions relating to the issuance and sale of the Bonds. Seconded by Councilmember Scott. The motion was approved unanimously. **Councilmember Scott moved to approve the First and Final reading of Ordinance No. 2016-15 — 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 IV" to the "Original General Budget of the City of Friendswood, Texas, for the Fiscal Year 2015-2016"; providing for supplemental appropriation and/or 02/01/16 4530 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 attended Former Police Chief Mitch Wright's funeral, was a beautiful ceremony put together by his three girls, and would like to challenge Council to name one of the new facilities after Mr.Wright. Councilmember Rockey stated he attended the Bay Area Houston Economic Partnership's (BAHEP) Quasar dinner and was underdressed. Mayor Holland stated he and Councilmember Hill attended Former Police Chief Mitch Wright's funeral, very moving to see what volunteers do for the City of Friendswood, volunteers have built this town, and he thanked all the volunteers. Councilmembers Hill, McGinnis, Scott, and Gustafson stated they had nothing to report. The meeting was adjourned at 9:02 PM. Mayor Kevin I nd Attest: , .•'� p121� �'•. Melinda Welsh, TRMC U; City Secretary � k ; .01 • �•FOFTE�:••