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HomeMy WebLinkAboutCC Minutes 2016-10-03 Regular 10/03/16 4611. I I STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( OCTOBER 03, 2016 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, OCTOBER 03, 2016, AT 5:30 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM AND ONE MEMBER OF CITY COUNCIL PARTICIPATING BY VIDEOCONFERENCE CALL AND LOCATED AT IMPERIAL RIDING SCHOOL RENAISSANCE VIENNA HOTEL, UNGARGASSE 60, VIENNA, 1030 AUSTRIA: MAYOR KEVIN HOLLAND MAYOR PRO-TEM JIM HILL COUNCILMEMBER STEVE ROCKEY COUNCILMEMBER BILLY ENOCHS i COUNCILMEMBER MIKE FOREMAN(Began Videownference at 7:02PM,' 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 Friendswood United Methodist Church. Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Evan Sharp, Friendswood resident, addressed Council and stated he is a representative from Waste Connections. In June 2016, Waste Connections purchased Progressive Waste Solutions, which is the City's current waste company. Waste Connections has been around for 20 years, located in 40 different states, is at the meeting to introduce himself and provide Council with his business card, would like to open up lines of communication, is looking forward to working with the City of Friendswood, and would like to have a workshop with Council at a future Council meeting. WORK SESSION Mayor Holland opened the discussion between Council, Staff, and the Planning and Zoning Commission regarding large retail uses. Planning and Zoning Commission Chair David O'Farrell opened the Planning and Zoning Commission's (P&Z) portion of the Joint Work Session. P&Z Commissioner Craig Lovell presented a PowerPoint presentation regarding large retail uses. Mr. Lovell stated P&Z'formed a subcommittee to research the possibility of requiring a Specific Use Permit (SUP) for single tenant large retail uses along with other requirements discussed previously with Council in November 2015. Council requested P&Z draft an ordinance to address single tenant retail with 100,000 square feet, recommend what the cutoff size should be, should an SUP be required, address other issues such as parking, water runoff, impervious ' pavement, and mandatory community impact analysis. The subcommittee formed by P&Z consisted of P&Z members Craig Lovell, Sally Branson, and Rhonda Neel with the support of Staff, and consulted with the City Attorney and the Community and Economic Development Committee (CEDC). Mr. Lovell further discussed the methodology of the subcommittee, the guidelines and considerations for the large retail 10/03/16 4618 development study, scope of the project involved 25 properties that have the potential for large retail development, items addressed in the current ordinance, recommendation on gap items, recommendations for 50,000 plus square foot single tenant retail, architectural elements recommendation, recommendations to make no changes in public comment forums and maintain current suite.of ordinances except to adopt architectural requirements for buildings 50,000 plus square feet or larger that are occupied by a single tenant. Further discussion took place between Mayor, Council, the Planning and Zoning Commission, and Staff regarding the consensus. of Council was for the Planning and Zoning Commission to address a buffer zone possibly Neighborhood Commercial (NC) between Single-Family Residential (SFR) and potential large retail lots and bring the item back to Council for discussion. 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 September Council meeting. He reported on the library expansion project, Fire. Station No. 4 expansion and the new fire station headquarters, Sportspark improvement projects, Centennial Park improvements, Lake Friendswood project, Old City Park, Round 1 Street Improvement project; Whispering Pines/Friendswood'Link Road Expansion project, reconstruction of Water Plant No. 2 and 7, Lift Station No. 3, 18, and 23, Blackhawk Boulevard Phase II, and the Blackhawk Wastewater Treatment.Plant. Further discussion took place between Mayor, Council, and Staff in regards to the consensus of Council for Staff to look at ways to further utilize the City owned property in Imperial Estates, and bring ideas back to Council for discussion. 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 final acceptance of the Schulz Sportspark restroom and concession buildings into the contractor's one-year maintenance period. B. Authorizing a contract with Galveston County to provide fire protection services in the unincorporated areas of the county. C. Accepting the August 2016 Property Tax Report. Seconded by Mayor Holland. The motion was approved 6-0.. With concurrence of Council, Mayor Holland moved to Agenda Item 11, City Manager's Report. CITY MANAGER'S REPORT City Manager Roger Roecker reported that in October of 2003, the City teamed up with the Friendswood Chamber of Commerce to conduct the first Annual Broker Event,on the same day as the Chamber's Annual.Golf Tournament. This year's 14th Annual Broker and Developer Day Event and 19th Annual "Swing into Fall" Golf Tournament will be held on Thursday, October 27, 2016, at Timber Creek Golf Club. Each year, -there are• about'40 attendees at the workshop, and many participate in the Chamber's afternoon golf tournament.. The event is sponsored by CenterPoint Energy's Economic Development Department. The Mayor, Assistant City Manager, Chair of the Community and Economic Development Committee, and Economic Development Coordinator will make presentations and interact with the commercial brokers and developers interested in doing business in the City of Friendswood. The City Manager reported that-the City and Keep Friendswood Beautiful (KFB) are holding the Annual Fall Haul-A-Day, community.clean-up and garage sale event on Saturday, November 12, 2016, at .Centennial Park. This is not an area-wide event, but is presented for the benefit of the citizens of Friendswood. 'Free paper shredding is being sponsored by JSC Federal Credit Union from 8:00 AM to ' 12:00 P.M or until the truck is full. There is a 200 pound limit of paper per vehicle. Only non-hazardous items.will be accepted.. Residents can donate garage sale items to KFB. Garage sale items can be dropped off the morning of the event at Centennial Park. All proceeds from the garage sale will benefit i 10/03/16 4610 i the beautification of City facilities and parks. KFB would like to encourage residents to bring items that would benefit the wildlife rehabbers in Friendswood. They need aquariums (do not have to hold water), dog and cat kennel carriers, clean rags (towels/shirts), and shallow crock bowls. These volunteers take care of the many injured wild animals that make their home in Friendswood's green space. Hazardous waste will not be accepted. With concurrence of Council, Mayor Holland moved to Agenda Item 10C, Annual collection report from Delinquent Tax Attorney Mike Darlow with Perdue, Brandon, Fielder, Collins & Mott, LLP. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS i Delinquent Tax Attorney Mike Darlow gave the annual collection report and stated the City of Friendswood does not have a delinquent tax collection problem, status report states that 30% of the money owed to the City is involved currently in a deferral, homeowners that are over 65 years of age, fine and fee report, have an aggregate resolution of almost 80% of the money that has been turned over historically from the City, and have great working relationship with the City's Municipal Court. I With concurrence of Council, Mayor Holland moved to Agenda Item 6, Closed Executive Session. CLOSED EXECUTIVE SESSIONS Mayor Holland asked if anyone would like to speak regarding the Executive Sessions. No one spoke. Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 661.071 —Consultation with Attorney regarding pending litigation (Robert J. Bertrand, et al v. City of Friendswood), Section 551.071 —Consultation with Attorney regarding pending claims against Olson & ' Olson, LLP, arising from settlement of legal action, and Section 561.071 — Consultation with Attorney regarding potential litigation arising from pending zoning change application (Verizon Wireless). RECONVENE INTO OPEN SESSION Council reconvened into Open Session with no action taken later in the meeting. Councilmember Mike Foreman joined the meeting by videoconference at 7:02 PM. JOINT PUBLIC HEARING Mayor Holland and Planning and Zoning Commission Chair David O'Farrell called a Joint Public He to order to review comments from the public both oral and written, regarding a zone classification change request for a .485 acre of land known as Reserve C out of Clearwood Business Park, property located at 4370 FM 2351, Friendswood, Harris County, Texas, to change from Light Industrial (LI) to Ligltt Industrial/Specific Use Permit(LI/SUP)to allow NAICS No. 312140 Distilleries. Deputy Director of Community Development/Planner Aubrey Harbin explained the request, currently zoned Light Industrial (LI), developer has been working on the project for several years, back three tracts are office warehouse type uses, subject to Community Overlay District (COD) requirements, proposal is for that portion, will need to receive Texas Alcoholic Beverage Commission's (TABC) permission. Ricky Ford, owner, stated that over the past 10 years have developed a unique process patented in December 2015 to remove impurities from distilled spirits, not what you think of as a standard distillery, no high temperature required, will be bulk processing so no alcohol will be served on site. Mr. Ford explained the process of their distillery. Discussion took place between Mayor, Council, Ricky Ford, and Staff regarding the distillery process, business will not be bottling or serving alcohol, water used will be captured in a carbon bed, is owners first facility, Fire Marshal's office may require a fire system depending on the amount of alcohol being 10/03/16 4620 used, will be addressed at time of building permit. 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 Mayor Holland asked if anyone would like to speak. No one spoke. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS (continued) Friendswood Chamber of Commerce Treasurer Gerry Stacy gave the annual report and stated he would focus on the vision of the City and how the Chamber's activities impact that vision, quoted from the City's website, "together we build our future in a friendly place to live, work, play, learn, and worship". In 2016 the Chamber had 41 activities, which supported the vision of the City with the exception of worship, planned 21 different activities which focused on work, these included monthly breakfasts and lunch events which allow Chamber members to network, a business expo that showcased activities of businesses to each other. Seven activities were planned that support life and play in the City, including the annual bike and car show, Halloween in the Park, and Fourth of July activities. There were 13 different activities planned that supported learning in the City, including monthly brown bag events, and Chamber 101 sessions that informs,residents how the Chamber of Commerce actually operates. The board of directors and all the members of the Friendswood Chamber of Commerce would like to thank Council for allowing them to provide Council with an annual report. Mr. Stacy introduced Chamber of Commerce President Carol Marcantel and Vice-President Lucy Woltz. ' Bay Area Houston Economic Partnership (BAHEP) Executive Director Dan Seal gave the annual report and stated it has been another busy year and a pleasure working with the City of Friendswood. BAHEP is a member-driven organization which works to stimulate regional economic development and employment, engages more than 270 member companies, educational institutions, 14 local cities, and 2 'counties in their work. BAHEP recently celebrated their 40th anniversary, and the City of Friendswood- has been a member.since 1998. BAHEP has had the pleasure of working with four different mayors, 40 plus Councilmembers, and three City Managers since 1998. Mr. Seal stated he wanted to focus on some highlights from the City's economic development service contract and its amendments, and believes BAHEP has met-every requirement and program of work element in which they had committed. BAHEP has provided written quarterly reports to Council and quarterly oral reports to the Community Economic Development Committee (CEDC), supported.the Friends of Downtown Friendswood Association and sponsored their first annual Texas Music Fest in March 2016. The contract stipulates that BAHEP provide the City with seven prospective leads on companies that are seeking to grow and expand, and BAHEP has submitted more than 15 leads this year. BAHEP also committed to assisting in the marketing of the Whitcomb property, three exceptional real estate broker partners have been identified by BAHEP, qualification interviews were conducted and in April 2016 Read King was selected as the exclusive listing agent for the property. BAHEP has coordinated a marketing strategy between BAHEP, the church, the broker and City Staff to make sure every opportunity is pursued for the Whitcomb Property. BAHEP has had.bi-monthly meetings and their first strategic marketing/update meeting in July 2016 was constructive and helped everyone get on the same page. BAHEP is teaming up with Economic Development Coordinator Karen Capps to attend the International Council of Shopping Center's conference to promote the Whitcomb property and all other retail opportunities in the City of Friendswood. BAHEP appreciates the Council's continued participation,in the annual Citizens for Space Exploration trip to Washington, D.C. This year was the 251h annual visit with a record-setting 405 meetings with Senate and Congressional members. BAHEP is still working for effective storm surge protection in our region and are building ' momentum toward making this area safer against the devastating effects of Gulf Coast hurricanes. The Ike Dike coastal barrier system has now been solidified, and increased funding from the State's General Land Office has been seen this year. Mr. Seal thanked Council for being one of the first to pass a i 10/03/16 4621 resolution to support storm surge protection for the region. BAHEP is currently working on three major projects that will be able to take advantage of Ellington Field's new spaceport designation to bring new aerospace and aviation assembly facilities to the airport. A'$3 Million grant has been secured from the State of Texas to build a new state-of-the-art control tower at Ellington Field which will facilitate the spaceport's future growth, and with this growth the City of Friendswood will have direct and positive economic activity. The City of Friendswood is clearly an excellent place for people to live and work, and BAHEP looks forward to continuing its successful relationship with the City for many years to come. With concurrence of Council, Mayor Holland moved to Agenda Item 12, Discussion and possible action regarding approving appointments/reappointments to Boards, Committees and Commissions. ACTION ITEMS **Councilmember Scott moved to approve the reappointment of Thomas McDonald, Corey Kirkland, Anthony Scarpa, Rufino. Ramirez, Judy DeAlejandro, Michelle Scarpa, Christine Scarpa, and Stacy Scarpa to the Fourth of July Steering Committee with terms to expire November 2019; reappointment of Robert Bozka and Allan Rasmussen to the Investment Committee with terms to expire November 2019; reappointment of Tim Anderson, Patricia Steinke, and Susan Stephens to the Keep Friendswood Beautiful Committee with terms to expire November 2019; and appointment of Doris Ochoa to the Senior Citizens Advisory Committee to fill a vacancy with a term to expire November 2019 and appointment of Dorothy Moritz as an alternate member to the Senior Citizens Advisory Committee to fill a vacancy with a term to expire November 2019. Seconded by Councilmember Enochs. The motion was approved unanimously. **Councilmember Rockey moved to discuss amendments to the existing agreement with Bay Area Houston Economic Partnership for economic development services. ' Seconded by Mayor Holland. Discussion took place between Mayor, Council, and Dan Seal with Bay Area Houston Economic(BAHEP) Partnership regarding Council being back to the discussion of if the regional group is of value to the City of Friendswood, and has BAHEP met requirements previously set by Council. ***Mayor Holland moved to suspend the contract with Bay Area Houston Economic Partnership (BAHEP) for the third year, for Council to keep their thumb on the pulse and see if worthy next year to enter into another contract with Bay Area Houston Economic Partnership. -Seconded by Councilmember Hill. The motion was approved 4-3 with Councilmembers Rockey, Enochs, and Scott opposed. Further discussion took place between Mayor and Council regarding the third year of the Bay Area Houston Economic Partnership's contract and if requirements set by Council have been met over the past year. **Councilmember Hill moved to approve the disposition of Bid No. 2016-08 designating the Official City Newspaper for publication of legal and- official news for the City of Friendswood and award to Friendswood Reporter News. Seconded by Councilmember Rockey. The motion was approved unanimously. **Councilmember Rockey moved to approve a services agreement with the Friendswood Downtown Economic Development Corporation. Seconded by Councilmember Hill. ***Councilmember Rockey moved to amend the main motion to add an audit or true-up after one year. ' Seconded by Councilmember Hill. The amendment to the main motion was approved unanimously. The amended main motion was approved unanimously. 10/03/16 4622 RESOLUTIONS **Councilmember Scott moved to approve Resolution R2016-18 —A resolution of the City of Friendswood, Texas, hereby designating Carl Gustafson as representative and Mike Foreman as alternate to the Houston— Galveston Area Council 2017 General Assembly and:Board of Directors. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Rockey moved to approve Resolution R2016-19 — A resolution of the City of Friendswood, Texas, approving the bylaws of the Friendswood Downtown Economic Development Corporation; and repealing all other resolutions inconsistent or in conflict herewith. Seconded by Mayor Holland. The motion was approved unanimously. ORDINANCES *.*Councilmember Scott moved to approve the Second and Final reading of Ordinance No. 2016-36—An ordinance of the City of Friendswood, Texas, granting an electrical franchise to Texas-New Mexico Power Company pursuant to Title 28; ART. 1175, V.A.T.S. and Section 181.043, Texas Utilities Code; stating a purpose; providing for a term of thirty years; providing for the location of facilities; providing for repair of excavations and obstructions; providing for indemnity to the City of Friendswood; providing for street rental; repealing the former franchise,,which is Ordinance No. 85-22 of the'City of Friendswood as amended by both Ordinance No. 95-10 and Ordinance No. 96-8; and providing for formal adoption. Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Scott moved to approve the First reading of Ordinance No. T2016-38 —An ordinance approving an interlocal agreement adjusting the boundaries of the City's territorial limits between the City of Friendswood,. Texas, and the City of League City, Texas; authorizing the Mayor to execute the agreement and the City Secretary to attest; and providing an effective date. ' Seconded by Councilmember Hill. The motion was approved unanimously. With concurrence of Council, Mayor Holland moved to Agenda Item 17D, First and Final reading of Ordinance No. T2016-40. **Councilmember Enochs moved to approve the First and Final reading of Ordinance No. 2016-40 —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 XI" 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 Foreman. The motion was approved unanimously. **Councilmember Gustafson moved to approve the First and Final reading of Ordinance No. 2016-41 — An'ordinance approving and adopting the City of Friendswood, Texas, General Budget for the Fiscal Year 2016/2017; making appropriations for the City for such Fiscal Year as reflected in said budget, and making certain findings and containing certain provisions relating to the subject. Seconded by Councilmember Rockey. The motion was approved 6-1 with Councilmember Scott opposed. Mayor Holland read.the agenda item to approve the First and Final reading of Ordinance No. 2016-42 — An ordinance providing for the levy acid collection of ad valorem taxes of the City of Friendswood, Texas, for the tax year commencing October 1, 2016, and ending September 30, 2017; providing the date on which such taxes shall be due and payable; providing for penalty and interest on all taxes not timely paid; providing.for severability;.and repealing all ordinances or parts of ordinances inconsistent or in conflict herewith. 1 **Mayor Holland moved that the property tax rate be increased by the adoption of a tax rate of $0.5460 per$100 valuation (comprised of a Maintenance & Operations rate of$0.4620 and an Interest & Sinking 10/03/16 4623 (debit services) rate of$0.00840), which is effectively a 2.1025% increase in the tax rate. Seconded by Councilmember Rockey. The motion was approved 5-2 with Councilmembers Hill and Scott opposed. Communications from the Mayor and Councilmembers Mayor Holland reported that National Night Out is tomorrow night, October 4, 2016, so get out and meet your neighbors, get with your Homeowner's Association's (HOA's) and help protect the City of Friendswood. Councilmember Rockey congratulated Galveston County District Attorney Jack Roady for being designated as the top county District Attorney for the state, is a tremendous honor to have him serve Galveston County, a great guy, and is on the leading edge in terms of forensic evidence. Councilmembers Hill, Enochs, Foreman, Scott, and Gustafson stated they had nothing to report. With concurrence of Council, Mayor Holland moved to Agenda Item 17C, First reading of Ordinance No. T2016-39. ORDINANCES (continued) Assistant City .Manager Morad Kabiri reported that the Planning and Zoning Commission had an" unanimous positive recommendation for Agenda Item 17C, First reading of Ordinance No.T2016-39, 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 0.485 acres of land, a called Reserve "C," Block 1, of the final plat of Clearwood Business Park, according to the map or plat thereof ' recorded in Volume 676, page 200 of the map records of Harris County, Texas; amending the zone classification from Light Industrial (LI) to Light Industrial/Specific Use Permit (LI/SUP) and granting a Specific Use Permit for NAICS Use No. 312140"distilleries". **Councilmember Rockey moved to approve the First reading of Ordinance No. T2016-39—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 0.485 acres of land, a called Reserve "C," Block 1, of the final plat of Clearwood Business Park, according to the map or plat thereof recorded in Volume 676, page 200 of the map records of Harris County, Texas; amending the zone classification from Light Industrial (LI) to Light Industrial/Specific Use Permit(LI/SUP) and granting a Specific Use Permit for NAICS Use No. 312140 "distilleries;" providing for amendment of the Official Zoning Map; providing a penalty in an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Foreman. The motion was approved unanimously. The meeting was adjourned at 8:06 PM. Mayor Kevin I n Attest: ,•� �RI�NO••, ' Melinda Welsh, TRMC :C) City Secretary �* OFtE� i