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HomeMy WebLinkAboutCC Minutes 2016-03-07 Regular 03/07/16 4535 STATE OF TEXAS )( ' CITY OF FRIENDSWOOD COUNTIES OF GALVESTON/HARRIS )( MARCH 07, 2016 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, MARCH 07, 2016, AT 5:30 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR KEVIN HOLLAND MAYOR PRO-TEM JIM HILL COUNCILMEMBER STEVE ROCKEY COUNCILMEMBER BILLY ENOCHS COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER JOHN SCOTT COUNCILMEMBER CARLGUSTAFSON CITYATTORNEY 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 Moe Mays with First Baptist Church. ' Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Craig Lovell, Friendswood resident, addressed Council and stated he has lived in the City of Friendswood for over 25 years, his family represents three generations living in Friendswood, is the grandfather of five Friendswood residents and is speaking on their behalf. Over the years, he has seen great progress in the City to make it a friendly place and not just a bedroom community, and most of the credit goes to Friendswood leadership. They have improved and expanded the City's parks, added sports facilities, expanded the library, have a lake coming soon, and even a bridge joining Old City Park and Stevenson Park. The bridge is a wonderful idea, it makes the community more pedestrian friendly, will be able to take his grandchildren out his back gate all the way to Stevenson Park in about four minutes, and after a few hours in the park, they will regrettably have to go to another city for the children to eat. The Friends of Downtown Friendswood Association (FDFA) is committed to work diligently to make the rest of Friendswood more accessible, by putting connecting sidewalks and benches, but the real task at hand 1s the potential private development of Friendswood's Downtown District, will require significant investments and some significant risks. As a City, we need to make sure the Downtown District is appropriately zoned, to protect businesses that already exist and those that will bring in new businesses that will become destination spots. The Planning and Zoning Commission (P&Z) has recommended changes to the Permitted Use Table (PUT)for the Downtown District that will grandfather existing businesses, but will not allow the building of new gas stations, warehouses, rental and leasing services, and auto body repair. This action will reduce the risk for developers and encourage investments in the City's Downtown District. He stated he has heard concerns that the proposed PUT would have an adverse impact on existing businesses, has spoken to the existing business owners, along with P&Z Chair David O'Farrell, and th'e business owners understand that the changes to the table does not change their zoning or impact their ' ability to sell or pass on their businesses. With Council's support of the proposed changes, the PUT can continue to make the City an even better place to live and experience the hometown character that makes the City of Friendswood great. 03/07/16 4536 Ron Cox, Friendswood resident, addressed Council and stated he also represents three generations living in the City of Friendswood over the past 25 years, and has five grandchildren that live close. He , stated he is concerned about a win-win situation, believes the changes to the Permitted Use Table (PUT) are a win because they do protect existing businesses, are adequately protected and can continue to honor them as existing businesses in downtown. The City also needs a win for the Downtown District as a whole in terms of a change to the environment, will be something all citizens will have to spend time and work on. The beginning of that process and a crucial part is to define the environment the City wants, by defining the environment citizens will know what they will get in the future, and can work towards a goal. He believes the proposed changes to the PUT would prevent new businesses from hesitating to build next to short term stopping places as opposed to destination places. Brett Banfield, Friendswood resident, addressed Council and stated he would like to share some good news as a representative of the Friends of Downtown Friendswood Association (FDFA). FDFA recently had the inaugural Texas Music Fest in downtown Friendswood at Captain's Corner, and it was a tremendous success. He gave rough numbers of the turnout of the event, approximately 3,048 people passed through the gates, over 30 booths, several food trucks, great entertainment, and great bands. FDFA's goal as an association is to promote the downtown area, and promote the City's businesses. FDFA tried wherever they could to use City businesses in the festival. The festival put $25,000 into the pockets of businesses in Downtown Friendswood. He thanked Mayor Holland for opening up the festival, Friendswood Police Department for their help with traffic and crowd control, and acknowledged Emergency Medical Services (EMS) Chief Lisa Camp, had the medical trailer at the festival and had to use it within the first few minutes. Ms. Camp and her team were quick to respond and did an outstanding job. He thanked Captain's Corner and SClay Management Inc., for allowing FDFA to host the event at their location, and thanked Multimedia Communications Specialist Jeff Newpher for promoting the event. It was a wonderful event and looks forward to next year's event, will be bigger and better, mark your calendars for March 4, 2017. WORK SESSION ' 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 February Council meeting. He reported on the library expansion project ans stated the sanitary sewer repairs under the building have been completed, the switch over to the new electrical panel was executed, demolition on the outside of the building along FM 518 has started, and steel members for the children's area has been erected. A resolution has been reached regarding the previously installed steel members, the contractor has been completing repairs as directed by the structural engineer and is having the appropriate test conducted to comply with their recommendation. The Construction Manager-at-Risk contract for Fire Station No. 4 expansion and the new fire station headquarters has been executed and a groundbreaking ceremony is being organized. The contractor has started the removal of the old roof for the City Hall re-roof project, both side portions have been completed and the middle portion could potentially be completed by the Council meeting. The construction process continues for improvements at the Sportspark, concrete work around the existing ball fields has been completed, concessions/restrooms building do have power and water for operation, lights have been tested and are being utilized for games and practices. Staff is currently completing the irrigation system and preparing the new infields with clay and outfields with sod. Construction on the paving, sidewalks, and retention area is progressing. The parking lot concrete has been installed, striping is set to be installed next week, and work on the sidewalks to the proposed fields will be the next big task. The basketball pavilion at Centennial Park bids were received on February 23, 2016, and Staff will present the bids to Council later in the meeting. Staff is continuing to work with representatives from Friendswood Development Company and Wilson McClain regarding siting the proposed restroom and pavilion at the Friendswood Lake project, are awaiting modified foundation/structural plans for the new building, and survey activity is underway on a potential easement acquisition. 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 mid-April. Staff received bids for the bridge abutments on February 23, 2016, and bids will be presented to Council 03/07/16 4537 i later in the meeting. Staff has been reviewing a proposed layout of the master plan for Old City Park, and ' will present layout options to Council later in the meeting. Bids were received on February 23, 2016, far the Downtown Streetscape project and will be presented to Council later in the meeting. A pre- construction meeting was held in February for the Round 1 Street Improvements project, Notice to Proceed was issued on March 1, 2016, and demolition activity is currently underway on Townes Road and Shadowbend Avenue. The Whispering Pines Avenue/Friendswood Link Road project is 8000 complete. On the Galveston County side, the paving from FM 518 to the bridge has been completed. Traffic has been transferred to the new pavement and the contractor is working on the lanes to FM 518 from the bridge. The contractor and engineer are working through some conflicts with existing and proposed utilities. Staff is working with the General Land Office on a change order to add an additional twelve feet of roadway, and the overall project is expected to be completed by Summer 2016. At Water Plant No. 7, the contractor has worked on the final portions of the building, installed the final sections of piping, and will be scheduling the start up. The reservoir is complete at Water Plant No. 2, contractor hats been working on the pump house roof and has completed the storm sewer bore across Castlewood. A revised schedule has been submitted with an anticipated completion date of Summer 2016. Bids have been received and are currently being evaluated by Gulf Coast Waste Disposal Authority for the third clarifier at the Blackhawk Waste Water Treatment Plant. Lift Station No. 3 and Lift Station No. 18 are currently under construction. The piping under FM 518 has been completed, and the force main and gravity lines are being installed at Lift Station No. 3. The wet well has been installed and final elevation has been met at Lift Station No. 18. Mayor Holland opened the discussion regarding Old City Park. Assistant City Manager Morad Kabin stated last summer Staff presented to Council a possible layout for improvements to Old City Park. Following the work session, several comments were received by various members of the community from both inside and outside the City of Friendswood urging Council to retain the horse arena as part of any proposed improvements to the overall park. Staff has developed two alternatives with cost estimates to ' present to Council for direction/guidance prior to moving forward with a formal design. The development of Old City Park will entail a new restroom facility, a parking lot facility, inclusion of a dog park relocated from 1776 Park, an extension of a trail system tying into the trail system at Stevenson Park, and playground equipment. There are pros and cons to both alternatives, and estimated costs to improve the whole facility is between $850,000 to$950,000. Discussion took place between Mayor, Council, and Staff regarding that the facilities at Old City Park were outdated, project is part of the 2013 bond projects, if the horse arena stays in place the dog park would need to be relocated to a different area of the park, if the horse arena does not stay in place the dog park can be placed closer to the parking lot. The horse arena is utilized around eight times a year by the Play Day Association to host riding events, and adjacent homeowners, along with other residents, use the facility as well. Discussion continued regarding placement of a dog park, savings to place the park at Old City Park versus 1776 Park due to the requirement of breakaway fence, a lot of residents walk their dogs at Stevenson Park, and the location of Old City Park would be convenient. 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. JOINT PUBLIC HEARINGS 03/07/16 4538 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 a request to vacate a 20- foot drainage easement for a 20 foot by 172.18 foot tract of land (3443.6 sq. ft.) out of Lot 1 B of Matoesian Subdivision, property located at 906 Murphy Lane, Galveston County, Texas. City Planner Aubrey Harbin gave a brief history and discussed the request. Staff did receive a no objection letter from Galveston County Consolidated Drainage District. Planning and Zoning Commission Chair O'Farrell asked if the applicant would like to speak. No one spoke. Planning and Zoning Commission Chair O'Farrell asked if anyone would like to speak in favor of the request. No one spoke. Planning and Zoning Commission Chair O'Farrell asked if anyone would like to speak in opposition of the request. Leonard Kobeski, Friendswood resident, addressed Council and stated he is in opposition of the request. The rear drainage ditch had been blocked during recent new home construction and increased water is holding on his property. Fernando Martinez, Friendswood resident, addressed Council and stated he is in opposition of the request, has standing water on his property since new construction, was told by Galveston County Consolidated Drainage District the ditch could not be relocated or removed, and would not be opposed to the property installing another type of drainage instead of using the rear ditch. 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 262.15 acres, nine tracts of land, property located at FM 528, to change from Single Family Residential (SFR) and Multi Family Residential-Medium (MFR-M) to Planned Unit Development (PUD) and 2.238 acres, a partial of Tract 6, from Multi-Family Residential-Medium (MFR-M) to Neighborhood Commercial (NC). (Near Sunmeadow Subdivision) Tract 1: 125.43 acres (SFR to PUD), situated in Mary Sloan & Winston Henry Survey, Galveston County, Texas, Tract 2: 47.44 acres (SFR to PUD), situated in Mary Sloan Survey, Galveston County, Texas, Tract 4: 24.72 acres (SFR to PUD), situated in Mary Sloan Survey, Galveston County, Texas, Tract 5: 4.9587 acres (SFR to PUD), situated in Mary Sloan Survey, Galveston County, Texas, Tract 6: 2.238 acres (MFR-M to NC), situated in Mary Sloan Survey, Galveston County, Texas, Tract 6: 9.8 acres (MFR-M to PUD), situated in Mary Sloan Survey, Galveston County, Texas, Tract 7: 25.915 acres (SFR to PUD), situated in William Henry Survey, Galveston County, Texas, Tract 8: 19.764 acres (SFR to PUD), situated in William Henry Survey, Galveston County, Texas, Tract 9: 3 acres (SFR to PUD), situated in William Henry Survey, Galveston County, Texas, and Tract 10: 1 acre (SFR to PUD), situated in William Henry Survey, Galveston County, Texas. City Planner Aubrey Harbin explained the public hearing process, gave a brief history, and discussed the request. Planning and Zoning Commission Chair O'Farrell asked the applicant to speak. Parke Patterson with Everest Design Group, addressed Council and stated they have had numerous ' conversations with the Sunmeadow Homeowners Association and City Staff, described the development as a Mixed-Use development, single family on the majority while retaining commercial property along FM 528., proposing 31% remain open space including over four miles of trails promoting walkability, would 03/07/16 4539 not be any back-to-back fences with the existing neighborhood, and a trail system would be the buffer. ' Friendswood Trails would fall below allowed density, encourage tree retention, and use local professionals such as Pro-Sury and Everest Design Group. The project would be completed in three phases over eight to ten years, are not seeking a Municipal Utility District (MUD) or special taxing, would implement deed restrictions and attempt to keep Homeowner's Association fees as minimal as possible, the horseshoe area in the middle of the existing Sunmeadow Subdivision would be left as green space, and they would like to dedicate the land for a future park. Discussion took place between Mayor, Council, Staff, and Parke Patterson with Everest Design Group regarding that the developer has not contacted the school district for input, lot size and density, developer is not seeking a Municipal Utility District(MUD), and the price point of houses would be$375,000 and ups Planning and Zoning Commission Chair O'Farrell asked if anyone would like to speak in favor of the request. Ralph Blough, Friendswood resident, addressed Council and stated the he understands eventually there will be a development, Dorado Drive and Windsong Lane do not currently meet City code for street paving, have been told new subdivisions do not intersect with other streets, but felt that was untrue citing Falcon Ridge and Eagle Lakes subdivisions as examples. I Planning and Zoning Commission Chair O'Farrell asked if anyone would like to speak in opposition of the request. Marcus Rives, Friendswood resident, addressed Council and stated he is in opposition of the request, a Planned Unit Development is being proposed to avoid meeting the City's minimum lot sizes, and the development would lead to higher traffic and an additional stop light. ' Alvin Keen, Friendswood resident, addressed Council and stated he is in opposition of the reques , packing subdivisions upon each other is not the way to keep the City of Friendswood the best place to live, FM 528 already has heavy traffic, and concerned about drainage. Betsy Fleming, Friendswood resident, addressed Council and stated she is in opposition of the request, concerned about wildlife, flooding, drainage, increased traffic, and a drop in property values. Pat Kepka, Friendswood resident, addressed Council and stated she is in opposition of the request, concerned with the impact on the subdivision's drainage system as well as the school district, anii concerned with security with only having two exits. Nancy Whitehead, Friendswood resident, addressed Council and stated she waived her right to speak. Dan Hall, Friendswood resident, addressed Council and stated he is in opposition of the request, concerned with flooding and traffic if the development moves forward. George Butler, Friendswood resident, addressed Council and stated he is in opposition of the request, is an original owner, the school district issue needs to be addressed, also concerned with traffic and work load on emergency services. Diane Hecht, Friendswood resident, addressed Council and stated she is in opposition of the request, spoke to Council 16 years ago regarding not allowing the use of Windsong Lane for an emergency access, the school and Green Event Center already cause issues on Windsong Lane. Bryce Blackmon, Friendswood resident, addressed Council and stated he is in opposition of the request, ' concerned with the new impact on drainage, and the school is already bursting at the seams, not opposed to homes being built, but did not agree with 55' lots or apartments. Dan Jacobs, Friendswood resident, addressed Council and stated he is in opposition of the request, 03/07/16 4540 concerned with traffic cutting through, the drainage district has a lot of dump trucks using Windsong Lane to access the creek, developer is only planning on saving trees along the gated section, and currently ' there is a large area for wildlife. Mary Morales, Friendswood resident, addressed Council and stated she was in opposition of the request, has lived in the City of Friendswood since 1999, has always had a water pressure problem, and the new development would decrease the water pressure. 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 Barbara J. Vacvad, addressed Council and stated she is at the meeting to discuss her family owned business that has been in the City of Friendswood for 25 years, has seven children and now her family business is being evicted, and she would like to do everything in her power to keep it open. The business has gone through some difficulties and now has a new employee who has worked for another business in the same industry and has brought in new customers. The business is getting better, and she would like to continue the business on the property where it is currently located. Kevin Corcoran, Friendswood resident, addressed Council and stated he is at the meeting to discuss the proposed downtown Permitted Use Table (PUT) amendments, has lived in the City of Friendswood since 1991, all three of his children graduated from Friendswood High School. He believes Downtown Friendswood is important, and it is important for Friendswood to continue to grow in a managed manner. When he goes to other cities, such as League City, they are very concerned about the amount of space they have left, when you look at cities that have made a commitment to their downtown areas, Sugarland for example, they have places where family and friends can go, restaurants and shops that keep people in that city at a destination spot. He is a pretty conservative guy when discussing regulation, not real fond ' of government regulation, and believes citizens sometimes get confused about government regulations at the federal and state levels. Encouraged Council to support the Planning and Zoning Commission's recommendations to the PUT for downtown Friendswood. Richard Sasson, Friendswood resident, thanked Council for their service to the City, knows that Council and the Planning and Zoning Commission (P&Z) give a lot of their time. When he first heard about the move to forbid gas stations, oil shops, pawn shops, he was against it, believed it was an overreach of government. Upon getting more data, he found that existing businesses would be grandfathered, and not affected by the proposed ordinance. He understands that other businesses in the effected category can sell their establishments to another party and they can maintain the facility in the same service. New businesses of this type will be prevented from opening establishments on the main street in Friendswood's downtown area, and prevents nearby competition of businesses opening up on the same street. The proposed ordinance does start the journey of the City's downtown area to become more attractive and pedestrian friendly, will be a long journey, and should have few rule changes. Asked Council to support the proposed ordinance to improve the City and the quality of life for its citizens. Gary Kay, Friendswood resident, addressed Council and stated he agrees with what has been previously stated by other speakers, change will happen, you cannot stop it but you can control it and he believes the change in the proposed ordinance does apply the control. He believes the ordinance is broad enough to allow a business to continue even if an existing business is sold. The question is not really if Council would allow a business, the question is where would Council put it, and a lot of businesses in the City have a distinct place, because that is where they really belong. He believes the proposed ordinance is not about doing away with businesses that are currently in downtown. Recommends Council act on the proposed ordinance and approve the changes recommended by the Planning and Zoning Commission. Brett Banfield, Friendswood resident, addressed Council and stated he would like to add one thing about , apartments, he is an apartment guy and a lot of people do not like apartments. Zoning has helped his apartments, has made their value go up being the only apartments in that area, does not hurt businesses 03/07/16 4541 but helps them. It is about compatibility, making businesses complement one another. The Friends of ' Downtown Friendswood would like to make downtown Friendswood a destination spot, not a place to run your errands, would like downtown to be a destination of restaurants, leisure eateries and other things of that nature. The proposed ordinance will not hurt the existing businesses, they will be grandfathered in, downtown is well served by gas stations, and has plenty of oil and lube places, and these types of businesses are already serving downtown well. Jerry Ericsson, Friendswood resident, addressed Council and stated Benette Rowley wanted to be here but could not so she sent a note that he read, "Unfortunately she is unable to attend tonight's meeting, is in Houston at a Planning Meeting for the Houston Music Festival Spring Board South in April. Dunn Brothers Coffee will be hosting a statewide battle of the bands qualifying round for this international event. She is interested in opening another establishment on Friendswood Drive but her investors find it an unwise venture if there is a chance it will be located next to a pawn shop, or a business that would have a negative impact on her business. She knows there are no guarantees in life or business, but rules and regulations can be put in place to make these decisions an easier sell to an investor scanning Friendswood's Downtown District." Mr. Ericsson stated he believes that everyone can agree that they want the downtown to be the heart of Friendswood. Zoning is meant to protect the investment of the majority, there is no winner by not passing the proposed changes to the Permitted Use Table, and he hopes Council will support the Planning and Zoning Commission's recommendation. I COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Planning and Zoning Commission Chair, David O'Farrell submitted the annual report in writing. The report stated over the past year the Planning and Zoning Commission (P&Z) looked at eight preliminary plats, 17 final plats/replats, seven commercial site plans, and seven zone changes were considered. Accomplishments P&Z had throughout the year, worked with Council to adopt a new Official Zoning Map, recommended changes to the Home Occupations definition, Landscaping and Screening Requirements, ' and the Design Criteria Manual regarding Downtown District amenities. Four commissioners attended th'e University of Texas Land Use conference, five commissioners attended the American Planning Association Texas Chapter Conference, and Staff hosted four training sessions with the commissioners. CITY MANAGER'S REPORT City Manager Roger Rocker reported that the 2016 Great Texas Warrant Round Up began on March 5, 2016. The City of Friendswood will be joining over 300 jurisdictions across the State in this event. The successful execution of the event is a joint effort of the Friendswood Municipal Court, the Fire Marshals Office, and the Police Department. This event is not an amnesty program, is a concentrated effort to clear warrants. In addition, the program serves to promote respect for Law Enforcement and the Court. The City's Municipal Court office has mailed notices to warrant holders. The City Manager reported that the Friendswood Public Library received the Texas Municipal Library Directors Association (TMLDA) 2015 Achievement of Library Excellence Award. Of the 556 public library systems in the State of Texas, only 41 received this award. The Friendswood Public Library has demonstrated excellence in all 10 areas required to qualify. These criteria included a summer reading program, underserved populations, enhanced service, marketing and publicity, policies and procedures, cultural and educational programming for adults, literacy support, collaboration, training, and web presence. The City would like to recognize the efforts of Mary Perroni, Library Director, and the library staff. The City Manager reported that Backgroundchecks.org ranked the City of Friendswood as number seven in the State of Texas and best in the Houston area in the Backgroundchecks.org safest cities rankings. Other area cities included were Seabrook at number 12, West University Place at number 18, Missouri ' City at number 34, City Pearland at number 42, and Sugarland at number 45. The City never gets tired of knowing how national organizations rank the City of Friendswood, allows another opportunity to recognize City Staff, the Police Department specifically, and the volunteers and residents of Friendswood who make the City a great and safe place to live. I 03/07/16 4542 ACTION ITEMS , **Councilmember Scott moved to approve the appointment of Tim Anderson to the Keep Friendswood Beautiful Board to fill a vacancy with a term to expire November 2016. Seconded by Councilmember Hill. The motion was approved unanimously. Councilmember McGinnis recused himself for a conflict of interest. **Councilmember Hill moved to approve the site plan located at 505 North Clear Creek Drive for a personal care facility. Seconded by Councilmember Scott. The motion was approved 6-0 with Councilmember McGinnis recusing himself. **Councilmember Rockey moved to approve the disposition of Bid No. 2016-01 for the construction of new sidewalkipavers and driveways and award to LMC Corporation. Seconded by Councilmember Gustafson. The motion was approved 6-1 with Councilmember Scott opposed. **Councilmember Scott moved to approve the disposition of Bid No. 2016-02 for the construction of a new basketball pavilion at Centennial Park and award to IKLO Construction. Seconded by Councilmember Rockey. The motion was approved unanimously. **Councilmember Rockey moved to approve the disposition of Bid No. 2016-03 for the construction of pedestrian bridge abutments and award to Division III + Constructors. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Scott moved to approve a contract with Musco Sports Lighting for the purchase and ' installation of lighting for Renwick Park fields and authorize the Mayor to execute the contract. Seconded by Councilmember McGinnis. The motion was approved unanimously. **Councilmember Scott moved to approve the extension of the Specific Use Permit for Tires By Design. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Enochs moved to approve the purchase of furniture for the Library. Seconded by Councilmember McGinnis. The motion was approved unanimously. RESOLUTIONS **Councilmember Scott moved to approve Resolution R2016-01 — A resolution of the City of Friendswood, Texas, authorizing aerial spraying over Friendswood by the Galveston County Mosquito Control District for the county-wide mosquito control program. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Gustafson moved to approve Resolution R2016-02—A resolution of the City Council of the City of Friendswood, Texas, approving a multi-year agreement for temporary street closure of a segment of the State Highway system for the annual Fourth of July parade; and setting an effective date. Seconded by Councilmember Hill. The motion was approved unanimously. ORDINANCES Councilmember Rockey moved to remove from the 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 03/07/16 4543 "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. 811 "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. (Tabled 02/01/2016) Seconded by Councilmember Gustafson. The motion to remove from the table was approved unanimously. **Councilmember Rockey 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" (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;" 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 Gustafson. ***Mayor Holland moved to amend the main motion to be Special Use Permit(SUP) instead of Permitted Use. Seconded by Councilmember Rockey. City Attorney Arnold Polanco explained that one or more of these uses are already an SUP. ' *** Mayor Holland revised his amendment to change the following NAICS Uses from either Permitted (P) toa Special Use Permit (S) within the "Downtown District" (DD) zone: NAICS Use No. 447 "Gasoline tations," and NAICS Use No. 532"Rental and Leasing Services". Seconded by Councilmember Rockey. The amendment to the main motion was approved unanimously. The amended main motion was approved unanimously. **Councilmember Hill moved to approve the Second and Final reading of Ordinance No. 2016-11 — 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 Enochs. The motion was approved unanimously. **Councilmember McGinnis moved to approve the Second and Final reading of Ordinance No. 2016-12 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 Scott. The motion was approved 6-1 with Councilmember Rack Iy opposed. Assistant City Manager Morad Kabiri reported that the Planning and Zoning Commission's vote for ' Agenda Item 21 D, First reading of Ordinance No. T2016-17, an ordinance approving a vacation of a portion of a public right-of-way situated on property located at 906 Murphy Lane, Friendswood, Texas; authorizing the Mayor to execute and the City Secretary to attest a quitclaim deed by and between the City and Christi Saban failed unanimously. 03/07/16 4544 No motion was made on the First reading of Ordinance No. T2016-17 — An ordinance approving a , vacation of a portion of a public right-of-way situated on property located at 906 Murphy Lane, Friendswood, Texas; authorizing the Mayor to execute and the City Secretary to attest a quitclaim deed by and between the City and Christi Saban. **Councilmember Rockey moved to approve the First reading of Ordinance No. T2016-18—An ordinance amending the Code of Ordinances, Chapter 1, by adding a new Section 1-15 entitled "Authority of Code Enforcement Officers, Inspectors, Animal Control Officer or Licensed Peace Officers," confirming the authority of certain officers to issue citations for violations of the City's Code of Ordinances; and providing for severability. Seconded by Mayor Holland. The motion failed 2-5 with Mayor Holland and Councilmembers Hill, McGinnis, Scott, and Gustafson opposed. Assistant City Manager Morad Kabiri reported that the Planning and Zoning Commission's vote for Agenda Item 21F, First reading of Ordinance No. T2016-19 — An ordinance amending Appendix "C" "Zoning", of the Code of Ordinances of the City of Friendswood, Texas, Section 3, "Provision for Official Zoning Map", rezoning the property generally consisting of 261.09 acres from Single Family Residential (SFR) and Multi-Family Residential-Medium density (MFR-M) to Planned Unit Development (PUD) and consisting of 2.238 acres from Multi-Family Residential-Medium density (MFR-M) to Neighborhood Commercial (NC), situated in the William Henry Survey, A-84 &the Mary Sloan Survey, A-184, Galveston County, Texas, and the R.A. Magee Survey, A-349 & the H. Stevens Survey, A-595, Brazoria County, Texas, more fully described in Exhibit "A", incorporated by reference, with such Planned Unit Development (PUD) to be governed for all purposes and conditions pursuant to the attached conceptual plan included in Exhibit "B", all as more specifically provided herein; providing for the amendment of the Official Zoning Map was tabled. **Councilmember Rockey moved to table the First reading of Ordinance No. T2016-19 — An ordinance , amending Appendix "C" "Zoning", of the Code of Ordinances of the City of Friendswood, Texas, Section 3, "Provision for Official Zoning Map", rezoning the property generally consisting of 261.09 acres from Single Family Residential (SFR) and Multi-Family Residential-Medium density (MFR-M) to Planned Unit Development (PUD) and consisting of 2.238 acres from Multi-Family Residential-Medium density (MFR- M) to Neighborhood Commercial (NC), situated in the William Henry Survey, A-84 & the Mary Sloan Survey, A-184, Galveston County, Texas, and the R.A. Magee Survey, A-349 & the H. Stevens Survey, A-595, Brazoria County, Texas, more fully described in Exhibit"A", incorporated by reference, with such Planned Unit Development (PUD) to be governed for all purposes and conditions pursuant to the attached conceptual 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 Scott. The motion to table was approved unanimously. **Councilmember Scott moved to approve the First and Final reading of Ordinance No. 2016-20 — 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 V" 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 Hill. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Rockey congratulated Councilmember_Gustafson on his election to the Galveston County Republican Party Chair. The Texas Music Festival was wonderful, had a great time, Councilmember , Gustafson and himself had to suffer through getting their picture made with Bree Bagwell, was a nice event. 03/07/16 --- Mayor Holland wished everyone a Happy Easter. ' Councilmember McGinnis wished everyone a Happy Saint Patrick's Day. Councilmember Gustafson stated the Texas Music Festival was a fabulous success, spoke with a number of people and they were all encouraged by it, wondered why it had not happened sooner, looking forward to future events, very well ran, looking forward to what the event will be in years to come. Councilmembers Hill, Enochs, and Scott stated they had nothing to report. CONSENT AGENDA **Councilmember Scott moved to approve all items on the Consent Agenda as presented: A. Authorizing the disposal of Public Works Department Vehicles through Rene Bates Auctioneers and in accordance with the Vehicle Replacement Fund. B. Authorizing the disposal of a Fire Marshal's Office Vehicle through Rene Bates Auctioneers and in accordance with the Vehicle Replacement Fund. C. Authorizing the disposal of a Parks and Recreation Department Vehicle through Rene Bates Auctioneers and in accordance with the Vehicle Replacement Fund. D. Authorizing the acceptance of paving and infrastructure improvements into the one-year maintenance period for Sierra Section 3 in West Ranch. E. Acceptance of public utility improvements associated with the Fountains at Friendswood into the contractor's one-year maintenance period. F. Accepting the January 2016 Property Tax Report. G. Approving the Minutes of the January 11, and February 01, 2016, Council Meetings. Seconded by Councilmember Rockey. The motion was approved unanimously. CLOSED EXECUTIVE SESSION Mayor Holland asked if anyone would like to speak regarding the Executive Session. No one spoke. Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.074 — Personnel Matters; to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. (Evaluation of the City Manager) RECONVENE INTO OPEN SESSION Council reconvened into Open Session with action taken later in the meeting. **Councilmember Rockey moved to approve giving the City Manager a 3.25% raise for the upcoming year. Seconded by Councilmember Enochs. The motion was approved unanimously. The meeting was adjourned at 10:10 PM. Mayor :jh Holland Attest: •. ... god do Melinda Welsh, TRMC ��U: p ' City Secretary :* . •'9TF OF"���P: I