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HomeMy WebLinkAboutCC Minutes 2016-04-04 Regular 04/04/16 4546 STATE OF TEXAS )( ' CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( APRIL 04, 2016 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, APRIL 04, 2016, AT 4:30 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR KEVIN HOLLAND MAYOR PRO-TEM JIM HILL COUNCILMEMBER STEVE ROCKEY COUNCILMEMBER BILLY ENOCHS COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER JOHN SCOTT COUNCILMEMBER CARLGUSTAFSON CITY ATTORNEY 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 Jim Bass with First United Methodist Church. ' Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Mayor Holland asked if anyone would like to speak. No one spoke. WORK SESSION Mayor Holland opened the discussion regarding body cameras for the Police Department. Police Chief Bob Wieners presented a PowerPoint presentation regarding the body-worn camera program within the Friendswood Police Department. Chief Wieners stated there are no new requirements being imposed by the State or Federal government. The Police Department (PD) has been recording for the past 14 year's with microcassette, then VHS in-car camera systems, and then digital audio recorders. There will be no change to current operational practices, and no additional funding will be required to accommodate record storage since PD has the capacity to accommodate the recordings. There is no external influence as a result of current events, or institutional or cultural resistance, and bottom line is the proposeLI d program is an upgrade to the system PD currently utilizes. In November 2015, PD submitted a preliminary application for funding for body-worn cameras. In January 2016, Staff received a notice to file a formal application since the City had been designated for funding. PD has been researching and developing a policy, investigating vendors and products, and building a project plan. Grantees must provide matching funds equal to 25% of any awarded amount, and the City must agree to sustain the project once grant funding is expended. All uniformed first responders and supervisors would wear the body-worn cameras (approximately 45), and Staff will present a resolution and grant application for approval at the May Council meeting. ' Discussion took place between Mayor, Council, and Staff regarding the grant funding coming from the State of Texas. The City would be required to provide 25% of funding, body-worn cameras would replace audio recorders that officers currently wear, there would not be any ongoing cost, and maintenance is already included as part of ongoing process for in car-video. Cameras would serve as a protective 04/04/16 4547 measure for officers, would be an enhancement to current system, and Staff has heard no objection from officers. ' Mayor Holland opened the discussion with Progressive Waste Solutions. Administrative Services Director Cindy Edge introduced the work session, gave a brief history, and stated the City's agreement with Progressive Waste Solutions allows the contractor to request an annual rate adjustment. This years rate increase request includes adjustments for Consumer Price Index (CPI), additional operational expenses/landfill costs, and a reduction in the fuel cost adjustment component. Ms. Edge introduced Jerry Martin and Chris Ochoa with Progressive Waste Solutions to answer any questions Council may have. Discussion took place between Mayor, Council, and Chris Ochoa with Progressive Waste Solutions regarding the calculation procedure for the fuel adjustment, single family rate increase would reflect two- cents per month. The City's current contract with Progressive Waste Solutions (Progressive) ends in 2017, and Progressive plans to propose to extend the current contract with the City. Progressive plans to attend the City's Spring Sparkle to do a survey regarding automated trucks, and would like to walk through the automated process with the City of Friendswood when residents are comfortable with the process. 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 March Council meeting. He reported on the library expansion project and stated the history room and Staff lounge have been completed and turned over to Staff to start being utilized on a daily basis. The foundations for the generator and electronic reader board have been installed. The contractor has been framing the children's area, caf&, and computer portions of the expansion areas. The Construction Manager-at-Risk contract for Fire Station No. 4 expansion and the new fire station headquarters has been executed and the groundbreaking ceremony was held on April 2, 2016. The Planning & Zoning Commission approved the plans on March 24, 2016, and the building ' permit and notice to proceed will be issued soon. The contractor has completed the removal of the old roof for the City Hall re-roof project, installation for the final sheathing for the roof has begun, and the project should be completed in April. The construction process continues for improvements at the Sportspark, new concrete decking and American with Disabilities Act (ADA) hand rails have been installed around the existing ball fields' concession/restroom. The concession building is complete and will be open for service the first weekend in April. Staff has completed the irrigation system and sodded grass was installed on the playing surface of the youth fields. The lighting for the youth fields has been completed and is fully operational. The netting and fencing poles have been set. Construction on the sidewalks and retention area is ongoing, and the parking lot concrete has been installed, striped, and curb stops set. The medians and signage still need to be completed. The pre-construction meeting for the basketball pavilion at Centennial Park is scheduled for April 5, 2016. Staff is continuing to work with representatives from Friendswood Development Company and Wilson McClain regarding siting the proposed restroom and pavilion at the Lake Friendswood project, awaiting modified foundation/structural plans for the new building, and survey activity is complete on the potential easement acquisition. Staff received a list of requests from residents of Rancho Viejo subdivision which are being evaluated for possible implementation, and some of the requests have already been addressed. The Stevenson Park/Old City Park Bridge Project conducted the pre-construction meeting on March 10, 2016, and the notice to proceed was issued for March 14, 2016. The contract time for this project is 75 calendar days. The submittal plans have been reviewed and approved and mobilization is set for the week of April 4, 2016. Fabrication of the bridge continues with projected completion estimated at mid-April. Staff received bids on March 29, 2016, for the Old City Park and Stevenson Park Connecting Trails Project, and bids will be presented to Council later in the meeting. The pre-construction meeting for the Downtown Streetscape project was held on March 29, 2016, and a notice to proceed is scheduled for April 11, 2016. The contract time for this project is 90 calendar days. In regards to the Round 1 Street Improvements project, the contractor has completed one side of Shadowbend Avenue for demolition ' and is in the process of forming and pouring the pavement. Demolition activity on Townes Road will begin after the concrete is installed on Shadowbend Avenue. The Whispering Pines Avenue/Friendswood Link Road project is 82% complete. On the Galveston County side, the paving 04/04/16 4548 j from FM 518 to the bridge has been completed. The contractor has been working on the subgrade and ' structures for the additional pavement to FM 518 from the bridge. There will be an item presented to Council later in the meeting for consideration and approval of an additional lane with an update of overall quantities. The overall project is expected to be completed by Summer 2016. At Water Plant No. 7, the contractor has continued to work on the final portions of the building and is scheduling the startup of Water Plant No. 7. The reservoir is complete at Water Plant No. 2, contractor has weather-proofed the pump house, installed the pumps, and has been working on the electrical and underground piping. 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. City Staff, the engineer, and contractor are currently working on a solution at Lift Station No. 3 for the installation of the gravity line from the existing lift station to the line under FM 518. There are utilities in conflict with the original design and a plan has been discussed to resolve the problem. The pavement has been installed around the lift station. The wet well has been completed minus the top at Lift Station No. 18. The new manhole in front of the lift station has been installed along with the by-pass pumping needed during the transition from the old lift station to the new lift station. The design process has started for Lift Station No. 23. Discussion took place between Mayor, Council, and Staff regarding that Friendswood Rotary Club donated $1,000 for furniture for the library, and the City Hall re-roof project is anticipated to be completed later this month. Councilmember Gustafson has received good feedback about the Sportspark project, the concession stands were well liked, and the parking lot had plenty of room for cars to open doors. Assistant City Manager Morad Kabiri gave a brief update on a Galveston County Consolidated Drainage District(GCCDD) project that is an overwide ditch that acted as a retention pond for years. GCCDD will convert the expansive ditch to box culvert, project will be funded through GCCDD's General Fund Balance, and the project is estimated at$3 Million. ' Mayor Holland opened the discussion regarding the purchase of sewer capacity in the Blackhawk Wastewater Treatment Plant. Assistant City Manager Morad Kabiri gave a brief history regarding the Inflow and Infiltration (W) issue at the Blackhawk Waste Water Treatment Plant, solution that was agreed upon was to build a third clarifier, and in accordance with the City's contract with Gulf Coast Waste Disposal Authority (GCWDA) the cost would be shared with other entities depending on usage. The City of Friendswood is the largest participant, other plant participants include Harris County Municipal Utility District (MUD) 55, City of Houston, and Baybrook Municipal Utility District (MUD). The City of Houston has determined it has excess capacity within the plant, made a proposal to the City of Friendswood and MUD 55 to purchase sewer connections at the rate they currently charge for their sewer capacity impact fee, and Staff believes the proposed price is fair and reasonable considering that is what the City of Houston would charge a new homeowner. Staff has met with MUD 55 and they have indicated they are only interested in 360 connections of the 1.1 million gallon capacity available from the City of Houston, leaving the remaining capacity available to the City of Friendswood to purchase. If Council is interested, funds are currently available to purchase roughly 1,000 connections and start the process of buying out the City of Houston. The plant is an aging facility, and the I&I issue would still need to be addressed but Staff does believe this is a step in the right direction in addressing the long term sewer needs of the City of Friendswood. Discussion took place between Mayor, Council, and Staff regarding that the City of Houston has agreed to pay their share of the third clarifier but would like to sell some of their capacity to other participants, additional capacity would accommodate 1.01 million gallons, roughly 4,040 connections. The timetable to purchase the capacity will depend on how aggressive Council would like to tackle the issue, and if done too quickly sewer rates could be impacted. The consensus of Council was for Staff to pursue an agreement for the additional capacity from the City of Houston. ' Mayor Holland opened the discussion regarding Tax Exemption application for Whitcomb property. Assistant City Manager Morad Kabid gave a brief history and stated a Planned Unit Development (PUD) ordinance was approved by Council to develop the estimated 135 acre tract along FM 528 known as the Whitcomb property. The approved PUD was a mixed use application requested by Clear Creek I 04/04/16 4549 Community Church and included development for church use, commercial and office use, and recreation and detention use. The church has submitted an application to the Harris County Appraisal District ' (HCAD) to secure tax exempt status for the entire 135 acres, and in their application they have indicated the ability and potential development of the entire site for religious use. Staff met with HCAD regarding the exemption that was claimed, and the City was basically denied any process to contest the tax exemption status granted for the property. The tax exempt status was upheld by HCAD at an appraisal review board meeting last week. Discussion took place between Mayor, Council, and Staff regarding that the application for tax exempt status was filed in May 2015 and the Planned Unit Development(PUD)was approved in June 2015, Staff filed a Challenge Petition and Harris County Appraisal District denied the petition, and another option available to the City would be judicial action in a lawsuit. With concurrence of Council, Mayor Holland moved to Agenda Item 13, City Manager's Report. CITY MANAGER'S REPORT City Manager Roger Roecker reported that the Keep Friendswood Beautiful (KFB) Board and the City of Friendswood are sponsoring the annual Spring Sparkle event for the citizens of Friendswood at Centennial Park on Saturday, April 9, 2016. KFB Board members have teamed with the City's solid waste services provider, Progressive Waste Solutions, and the Galveston County Consolidated Drainage District (GCCDD) to provide the community with a clean-up day. Tri-Star Document Shredding will also be onsite to accept paper for shredding. Items that will be accepted include green waste such as tree limbs and grass clippings, old furniture, miscellaneous wood, metal, and plastic. No household hazardous waste such as tires, paint, batteries, oil, or any other hazardous waste will be accepted. Residents can also donate garage sale items to Keep Friendswood Beautiful. KFB will be accepting furniture, household items, and bikes that are in good condition, clothing will not be accepted. Garage sale items can be dropped off the morning of the event at Centennial Park. All proceeds from the garage ' sale will benefit the beautification of City facilities and parks. KFB would also like to encourage residents to bring animal habitat items that would benefit the wildlife rescuers/rehabbers. They need aquariums, dog and cat carriers, clean towels/shirts, and shallow crock bowls. These volunteers take care of the many injured wild animals that make their homes in Friendswood's shrinking green space. The City Manager reported that the Friendswood community and visitors will soon be admiring many beautifully maintained classic, restored, and custom automobiles and motorcycles at Stevenson Park. The Twelfth Annual Car and Bike Show, formerly known as the Friendswood Is Great (FIG) Festival, is scheduled for April 16, 2016. The popular family event is coordinated by the Friendswood Chamber of Commerce, the Friendswood Historical Society and the City of Friendswood. The major sponsor is Ron Carter Cadillac-Hyundai. The Friendswood Chamber of Commerce expects over 200 auto entries this year to compete for awards. Many businesses, organizations, and churches have signed up for booths and more than 25 craft booths are expected. A variety of food booths are expected including hamburgers, hotdogs, sausage on a stick, and homemade lemonade. The City Manager reported that the Friendswood Public Library will celebrate National Library Week from April 11 through April 16, 2016. There will be a display highlighting the library's accomplishments during the past year and the Friends of the Library will provide refreshments and giveaways. This will be a great opportunity to stop by and see the library's expansion progress. Also during this week, the Friendswood Rotary Club will present a $1,000 donation check to Library Director Mary Perroni for the purchase of a conference table for the Local History Room. The City Manager reported the annual Youth Fishing Derby event sponsored by the City of Friendswood Parks & Recreation Department has been scheduled for Saturday, May 7, 2016, at the Centennial Park Pond for kids ages 16 and under. The Youth Fishing Derby will stock over 600 pounds of adult catfish in ' the Centennial Park Pond for participants to catch. There is no pre-registration or fishing license required. Participants are encouraged to bring their own fishing supplies due to the supply of loaner rods being limited. Prizes will be awarded for the largest fish caught in each age group. 04/04/16 4550 ' With concurrence of Council, Mayor Holland moved to Agenda Item 18, Discussion and possible action regarding the Friendswood Volunteer Fire Department's donation fund. ACTION ITEM **Councilmember Hill moved to discuss the Friendswood Volunteer Fire Department's donation fund. Seconded by Councilmember Rockey. The motion to discuss was approved unanimously. Discussion took place between Mayor, Council, and Staff regarding donations to Friendswood Volunteer Fire Department (FVFD) and Emergency Medical Services (EMS) being down approximately 50% six months into the current fiscal year. The drop in donations have occurred since the City's new software implementation, and donations are greatly needed to support the Fire Department's 15 year plan. Options to resolve the decrease in donations included possibly charging for ambulance services which is not favored, funds could come out of the City's General Fund, or drop the fee from $3.00 to $2.00 and make the fee mandatory instead of optional. A suggestion was made to form a team that would make a coordinated effort on different fronts in regards to different revenue streams. Staff has communicated with the software vendor, their software applies to all customers, to make change with one have to do with all, and would have to vet their customer base. Staff has made an effort to communicate with the public the importance of the donations, and a program has begun to increase awareness of the donation) fund. With concurrence of Council, Mayor Holland moved to Agenda Item 6, Closed Executive Session. CLOSED EXECUTIVE SESSION Mayor Holland asked if anyone would like to speak regarding the Executive Session. No one spoke. ' Mayor Holland asked to include Agenda Item 24 Executive Session, Review of the City Secretary. **Councilmember Scott moved to approve including Agenda Item 24 Executive Session, Review of the City Secretary. Seconded by Councilmember Hill. The motion was approved unanimously. Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.07 — Consultation with Attorney regarding contemplated litigation arising from settlement of legal action. (Wight Realty Interests, Ltd. v. City of Friendswood), Section 551.071 — Consultation with Attorney regarding legal issues associated with Tax Exemption application for Whitcomb property Section 551.072 — Deliberation regarding real property. (Parkland development; legal advice only regarding potential development of real property located within the City of Friendswood), Section 551.087 —Deliberation regarding economic development negotiations; to deliberate the offer of a financial or othej incentive to a business prospect and Section 551.74 — Personnel Matters; to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. (Evaluation of the City Secretary). RECONVENE INTO OPEN SESSION Council reconvened into Open Session with action taken later in the meeting regarding Section 551.07I (Wight), Section 551.071 (Whitcomb), and Section 551.074 (Personnel). ACTION ITEM (continued) **Councilmember McGinnis moved to direct the City Attorney at the May Council meeting to present a ' proposed outside counsel who can possibly pursue legal action on the City's behalf regarding Olson & Olson. Seconded by Councilmember Enochs. The motion was approved 6-1 with Councilmember Rockey 04/04/16 4551 opposed. SPECIAL RECOGNITION AND,ACKNOWLEDGEMENTS ' Deer Park Public Library Director Rebecca Pool, representing the Texas Municipal Library Directors Association, presented the Achievement of Library Excellence Award for 2015 to Library Director Mary Perroni. Ms. Pool stated that out of the 556 public library systems in the State of Texas, only 41 received the 2015 award. The Friendswood Public Library has demonstrated excellence in all ten areas required to qualify for the award. With concurrence of Council, Mayor Holland moved to Agenda Item 11, Communications from the Public. COMMUNICATIONS FROM THE PUBLIC Christi Sabin, Friendswood resident, addressed Council and stated she is at the meeting to request to have her 20 foot easement lifted, and Adam Hill has assisted her with the process. Adam Hill came up and stated there was a drainage plan filed in 1996 for Ms. Sabin's residence, since then the City has offered regional detention, there is a 20 foot private easement, only for her lot, the drainage district had no objection, moved forward in deleting and establishing Type A drainage which is done normally. The neighbor next door contested the easement being lifted due to concern for her watershed. Meetings have been held onsite, there is no evidence of any watershed, the neighbor was concerned about an Allison type event in regards to how high the house was built, house was built to City specs, and there is a drainage well which is 100% on Ms. Sabin's property. The purpose of the action item is to remove the easement, drainage has already been approved, and off-site detention has been purchased. This request to lift the easement is for Ms. Sabin to add to the tax base of the City of Friendswood by adding a really nice pool to her property. Adam Hill, Friendswood resident, addressed Council and stated he is at the meeting to discuss Council , accepting Sterling Creek Section 11. Sterling Creek was started in 2010, all 90 foot lots, today Section I has 47 lots, there are $30 Million worth of rooftops on the ground, all done without the benefit of a Municipal Utility District (MUD) tax, now moving into Section 11, privately funded to extend Friendswood Lakes Boulevard, Section II will have 35 lots, will be gated which will lead to other high end homes. He suggested to Council to fight off the illusion of MUD taxes, stay with big lots and with privately funded investors. The City will get good developments and the citizens of Friendswood will invest in the City of Friendswood. Jay Heintz, Friendswood resident, addressed Council and stated he is with the Friendswood Girls Softball Association, would like to give Council an update on the Sportspark Improvement project, were fortunate enough to play their first games with the new concession stand and bathrooms being open this weekend, thanked Council for the improvements, is still some work to be completed but the Parks and Recreation Department is working hard to get it done. With concurrence of Council, Mayor Holland moved to Agenda Item 10, Joint Public Hearing. JOINT PUBLIC HEARING 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 zone classification change request for a 1.5189 acre tract of land out of 1.686 acre tract, part of Lot 9, Block 2, Friendswood Subdivision, located in the Sarah McKissick or J.R. Williams League, property located at 311 South Friendswood Drive, Friendswood, Galveston County, Texas, to change from Light Industrial (LI) to Downtown District(DID). City Planner Aubrey Harbin gave a brief history and discussed the request. , Adam Hill, the applicant's agent, addressed Council and stated Lary's Florist would put 2,000 feet of retail 04/04/16 4552 and 2,000 feet of office, directly behind would be a 6,000 square foot event center, met with City Staff' ' who worked with owners to embrace the Downtown District, demolished old fig plant building, applicant appreciates the City waiving impact fees and offering possible grants to assist in cost, do need help with parking, is an example of private citizens investing in the City of Friendswood. 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. With concurrence of Council, Mayor Holland moved to Agenda Item 12, Communications from Committees and Special Reports. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Keep Friendswood Beautiful (KFB) Chair Sherry Goen gave the annual report. Ms. Goen stated KFB logged in 2,503 volunteer hours over the past year. KFB volunteers have spent many hours working with the Texas Department of Transportation (TxDOT) and City Staff formulating plans for the FM 518 median project using the funds from the $210,000 Governor's Community Achievement Award won last June. KFB has worked hard to figure out ways to reuse as many of the existing plants and trees currently in thei medians as possible. Over 90% of the vegetation will be moved to other City facilities, and by this time next year the FM 518 medians will be a source of pride for the City of Friendswood. KFB is honored to have secured this grant and developed a plan that citizens will enjoy. One event KFB hosted that had a big impact on KFB was a workshop with other Keep Texas Beautiful affiliates from the surrounding area with approximately the same population as the City of Friendswood and is run by volunteers. Other cities shared their ideas and voiced their concerns unique to volunteer entities. KFB speaks frequently of ' volunteerism in the City of Friendswood and it is not just talk, it truly means something in Friendswoodi Unfortunately, that is not the case with some of the affiliates that attended the workshop. They struggle for funds, support, sponsors, and positive interactions with city staff and their elected officials. KFB thanked Mayor Holland and Council for their leadership and willingness to support KFB's goals. KFB also thanked the City Manager's Office, Parks & Recreation Department, and all other departments that show respect for KFB's work in the City through funding and commitment to KFB. With concurrence of Council, Mayor Holland moved to Agenda Item 14, Discussion and possible action regarding approval of a change order for the Paving Improvements on Whispering Pines Avenue/Friendswood Link Road Project. ACTION ITEMS (continued) **Councilmember Hill moved to approve a change order for the paving improvements on Whispering Pines Avenue/Friendswood Link Road Project. Seconded by Councilmember Rockey. The motion was approved unanimously. **Councilmember Scott moved to approve the disposition of Bid No. 2016-04 for constructing Old City Park and Stevenson Park Connecting Trails and award to Tandem Services, LLC. Seconded by Councilmember Rockey. The motion was approved unanimously. **Councilmember Hill moved to approve a professional services contract with RJN Group, Inc., for a Phase II study of the City's sanitary sewer system and authorizing the Mayor to execute the contract. Seconded by Councilmember Rockey. The motion was approved unanimously. ' **Councilmember Hill moved to approve the appointment of Maria Revell to the Keep Friendswood Beautiful Board to fill a vacancy with a term to expire November 2016, and the appointment of Mary Piwetz to the Keep Friendswood Beautiful Board to fill a vacancy with a term to expire November 2018. Seconded by Councilmember Scott. The motion was approved unanimously. 04/04/16 4553 With concurrence of Council, Mayor Holland moved to Agenda Item 19, Discussion and possible action ' regarding review of Harris County Appraisal Review Board decision on Whitcomb property Tax Exemption. **Councilmember Rockey moved to pursue filing a Notice of Appeal in regards to the Whitcomb property Tax Exemption. Seconded by Councilmember McGinnis. The motion was approved unanimously. RESOLUTION **Councilmember Rockey moved to approve Resolution R2016-03 — A resolution of the City Council of the City of Friendswood, Texas, affirming an Equal Employment Opportunity Plan; and repealing all other resolutions inconsistent or in conflict herewith. Seconded by Mayor Holland. The motion was approved unanimously. ORDINANCES **Councilmember Hill moved to approve the Second and Final reading of Ordinance No. 2016-10 — An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C—"Zoning," Section 7, "Schedule of District Regulations," Subsection 7.13.6, "Permitted Use Table," by providing for the adoption of amendments to the City's Zoning Ordinance, changing the following NAICS Uses from Permitted (P) to requiring a Special Use Permit (S)within the"Downtown District" (DID) zone: NAICS Use No. 447 "Gasoline Stations" and NAICS Use No. 532 "Rental and Leasing Services;" 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 Mayor Holland. The motion was approved unanimously. Assistant City Manager Morad Kabiri reported that the Planning and Zoning Commission had a negative ' recommendation at their last meeting for Agenda Item 21 B, 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 Sabin. Councilmember Hill recused himself for a conflict of interest. **Councilmember Rockey moved to approve 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 Sabin. Seconded by Mayor Holland. The motion was approved 6-0 with Councilmember Hill recusing himself. **Councilmember Rockey moved to approve the First reading of Ordinance No. T2016-21 —An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Chapter 14 "Buildings and Building Regulations" by adopting the 2012 International Building Code, 2012 Intemational Plumbing Code, 2012 International Mechanical Code, 2012 International Fuel Gas Cade, 2012 International Energy Conservation Code and International Residential Code for one-and two-family dwellings; adopting the 2011 National Electrical Code; adopting local amendments thereto; providing other matters relating to the subject; providing for a penalty of 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 6-1 with Councilmember Scott opposed. **Councilmember Gustafson moved to approve the First reading of Ordinance No. T2016-22 — An ' ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Chapter 30 "Fire Protection and Prevention", Article III. "Fire Codes" by adopting the 2012 International Fire Code and the 04/04/16 4554 2012 Life Safety Code; adopting local amendments thereto; providing other matters relating to the ' subject; providing a penalty of 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 6-1 with Councilmember Scott opposed. Assistant City Manager Morad Kabiri reported that the Planning and Zoning Commission's vote for Agenda Item 21E, First reading of Ordinance No. T2016-23, An ordinance amending Appendix "C" "Zoning", of the Code of Ordinances of the City of Friendswood, Texas, by amending the zoning classification for a 1.5189 acre tract of land located at 311 South Friendswood Drive, Friendswood, Texas, being out of a called 1.586 acre tract conveyed from J.R. May and wife, Louise May, to Charles C. Lary, III, and recorded under Galveston County Clerk's file number 8549620, being part of Lot 9, Block 2, of Friendswood Subdivision, as recorded in Volume 238, Page 14, in the office of the County Clerk of Galveston County, Texas, located in the Sarah McKissick or J.R. Williams League, Galveston County, Texas; amending the zone classification from Light Industrial (LI) to Downtown District (DD), all as more specifically provided herein; providing for the amendment of the Official Zoning Map was approved unanimously. Councilmember Hill recused himself for a conflict of interest. **Councilmember Gustafson moved to approve the First reading of Ordinance No. T2016-23 — An ordinance amending Appendix "C" "Zoning", of the Code of Ordinances of the City of Friendswood l Texas, by amending the zoning classification for a 1.5189 acre tract of land located at 311 South Friendswood Drive, Friendswood, Texas, being out of a called 1.586 acre tract conveyed from J.R. May and wife, Louise May, to Charles C. Lary, III, and recorded under Galveston County Clerk's file number 8549620, being part of Lot 9, Block 2, of Friendswood Subdivision, as recorded in Volume 238, Page 14� in the office of the County Clerk of Galveston County Texas, located in the Sarah McKissick or JA ' Williams League, Galveston County, Texas; amending the zone classification from Light Industrial (LI) to Downtown District (DD), 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 Mayor Holland. The motion was approved 6-0 with Councilmember Hill recusing himself. **Councilmember McGinnis moved to approve the First reading of Ordinance No. T2016-24 — An ordinance amending Ordinance No. 2012-04 in order to approve an annual rate adjustment as provided for in the City of Friendswood—IESI solid waste franchise. (Now known as Progressive Waste Solutions)I Seconded by Councilmember Scott. The motion was approved unanimously. **Councilmember Scott moved to approve the First and Final reading of Ordinance No. 2016-25 — 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 VI" 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 Enochs. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Gustafson stated he had a very busy Saturday, started the day at the Farmers Market, attended the parade for youth sports, Baseball Opening Day, Future Farmers of America(FFA) barn open house, girls softball, and finished up his evening with the groundbreaking ceremony for the new fire station. He hopes citizens were able to get out and participate in some of the events, had a lot of fun ' watching the kids during the parade and at the opening ceremonies. Councilmember Scott stated as far as the international codes adoption and raising homeowners insurance rates, it was stated that most of the builders are using the newer codes to sell homes, and he 04/04/16 4555 would prefer the market do it. Councilmember McGinnis stated he was not as busy as Councilmen Gustafson on Saturday but he did ' attend the groundbreaking ceremony for the fire station, and congratulated the Fire Department and Emergency Medical Services (EMS) Department. Councilmember Hill stated he was glad to attend the Little League Opening Ceremonies, it is amazing how many children and families attend, fortunately the City was able to provide some facilities for them to play on, also attended the groundbreaking ceremony for the new fire station, hopes it moves along better than some of the other City projects. Councilmember Enochs stated construction is moving forward on the Library, reminded everyone of the opportunity to purchase brick pavers to be placed on the side of the Library, time is running out to purchase them, funds will go to purchase furniture and other items needed once the building is done being constructed. Councilmember Rockey stated the Future Farmers of America (FFA) will have their big auction on April 13, 2016. Traditionally they do not get many people from the City Friendswood purchasing or bidding on the animals but if anyone knows anybody in town it would be nice to go support the FFA. He extended Council's condolences to Kristi Nix, reporter for Galveston Daily News, who recently lost her husband. Mayor Holland stated he attended the opening ceremonies for Little League, always a treat for him, does not know where the children get their energy, Councilmember Hill smoked him on the first pitch, and he really enjoyed the event. CONSENT AGENDA Councilmember Hill recused himself for a conflict of interest. ' **Councilmember Scott moved to approve all items on the Consent Agenda as presented: A. Approving an agreement with Friendswood Area Swim Team (FAST) for the use of the.Sesquicentennial Swimming Pool and authorizing the Mayor to execute the agreement. B. Authorizing the acceptance of paving and infrastructure improvements into the one-year maintenance period, Austin Chase, Section 2 in West Ranch. C. Authorizing the acceptance of paving and public utility improvements into the one-year maintenance period, Sterling Creek, Section ll. D. Authorizing Council to invoke Rule 1(A) of the Rules of Procedure to schedule the first regular City Council meeting on May 2, 2016, to begin at 6:00 PM due to the Council Chambers being used for Early Voting for the General and Special Election. E. Authorizing Council to invoke Rule 1(A) of the Rules of Procedure to schedule a second meeting in May for Monday, May 16, 2016, to canvass the votes from the May 7, 2016, General and Special Election. F. Authorizing the Mayor to ratify and approve the annual evaluation of the City Manager. G. Authorizing the Mayor to ratify and approve the electronic certification for Fiscal Year 2016 Homeland Security Grant Program (HSGP). H. Accepting the February 2016 Property Tax Report. I. Approving the Minutes of the February 16 and March 07, 2016, Council Meetings. Seconded by Mayor Holland. The motion was approved 6-0 with Councilmember Hill recusing himself. ACTION ITEM (continued) **Councilmember Rockey moved to approve giving the City Secretary a 3.6% raise for the upcoming year. Seconded by Mayor Holland. The motion was approved unanimously. The meeting was adjourned at 7:53 PM. 1 04/04/16 4556 ' Mayor Kevin and Attest: C�--�l.�x�_ .•�F F RIEN�. Melinda Welsh, TRMC City Secretary V O•; :* :0 : .. .. .......• 'P5•: .FgFTO.• 1