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HomeMy WebLinkAboutCC Minutes 2017-01-09 Regular 01/09/17 4641 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( JANUARY 09, 2017 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JANUARY 09, 2017, AT 4:30 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR PRO-TEM JIM HILL COUNCILMEMBER STEVE ROCKEY COUNCILMEMBER BILLY ENOCHS COUNCILMEMBER MIKE FOREMAN COUNCILMEMBER JOHN SCOTT COUNCILMEMBER CARLGUSTAFSON CITYATTORNEY ARNOLD POLANCO CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH Mayor Holland was absent from the meeting. REGULAR SESSION Mayor Pro-Tem Hill called the meeting to order. ' The invocation was given by Senior Pastor Dr. David Lorenz with First Baptist Church. Mayor Pro-Tem Hill led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Mayor Pro-Tem Hill asked if anyone would like to speak. No one spoke. WORK SESSION Mayor Pro-Tem Hill opened the discussion regarding the schedule of events for the City's next bond sale. Financial Advisor John Roebuck with BOSC, Inc., presented a PowerPoint presentation regarding the final sale of the City's 2013 Bond authorization, current General Obligation debt rate is at 3.78%, a little lower than previous presentations to Council, rates have started to move upwards since the November election, but still a great environment to sell bonds. The 20-year debt option was presented to voters during the bond election, and would keep the tax rate estimated at 8.4 cents for the next four,years. The 15-year debt option would pay the debt off faster, the shorter the maturity the less interest the City would pay, the same bond issuance would keep the tax rate estimated at 8.4 cents for the next five years. The sale of bonds would take place February 6, 2017, results would be presented to Council at the February Council meeting, and the transaction would close on March 7, 2017. Further discussion took place between Mayor Pro-Tem Hill and Council regarding the consensus of Council was to move forward with the sale of bonds utilizing the 15-year debt option. Mayor Pro-Tem Hill opened the discussion regarding the possible expansion of Stevenson Park. Assistant City Manager Morad Kabiri gave a brief history of the fire station next to City Hall and stated ' that back in 1973 the land upon which the fire station sits was dedicated to the City as part of Stevenson Park or the Stevenson Deed to the City of Friendswood. Due to the new fire station behind the Public Safety Building, known as the Kenneth Camp Fire Station, being completed later this spring there has been some discussion regarding the future use of the property next to City Hall. In 2013, the City had a 01/09117 4642 facilities condition assessment done of the building next to City Hall, and the results found that the building is not fit for continued use. A resolution will be presented later in the meeting to discuss the expansion of Stevenson Park to encompass the property. Mayor Pro-Tem Hill 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 December 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 basketball pavilion, Lake Friendswood project, Old City Park, Round 1 Street Improvement project, reconstruction of Water Plant No. 2 and 7, Lift Station No. 18 and 23, Blackhawk Boulevard Phase II and Woodlawn Drive, and the Blackhawk Wastewater Treatment Plant. Further discussion took place between Mayor Pro-Tem Hill, Council, and Staff regarding the consensus of Council was to do a soft opening of Lake Friendswood, use slotting regulations in regard to fishing, and park hours should be dawn to dusk. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Charter Review Commission Chairman James Nye introduced the members present and presented a report that the commission compiled after their extensive review of the City's charter. Chairman Nye stated the Charter Review Commission requested and received input from residents, City Staff and Mayor and Council and reviewed each item. He reported on the items discussed that had no recommendation from the commission, and some could be handled by policy and not charter. He further reported on the commission's recommended changes to the City Charter in Section 3.01 Number, selection, term, and term limitations, Section 3.06. (c) Vacancies, forfeiture, filling of vacancies, Section 3.11 Ordinances in general, and Section 4.01 City Manager. Chairman Nye further explained the proposed changes in detail that were noted in the report. There are also minor grammatical changes that can be resolved by ' ordinance. Mayor and Council thanked the Charter Review Commission members for the report and their hard work over the past several months. CITY MANAGER'S REPORT City Manager Roger Roecker reported that the Annual Tree Giveaway sponsored by Keep Friendswood Beautiful (KFB) will be held January 21, 2017, starting at 8:00 AM at City Hall. Over 100 —fifteen gallon container trees will be given away to residents. The trees chosen this year included Nuttal Oak, Magnolias, and Chinquapin Oak. The giveaway is limited to one tree per family (first come-first served) and is for Friendswood residents only. A City water bill or driver's license is required. For more information please contact the City of Friendswood Parks and Recreation Department. The City Manager reported that every year in December the City recognizes its employees for their years of dedicated service. Awards are given in five year increments and presented at the Employee Christmas Party. The City appreciates all the employees across all departments and the hard work they do to provide the quality services the citizens of Friendswood,expect. With concurrence of Council, Mayor Pro-Tem Hill moved to Agenda Item 20, Consent Agenda. CONSENT AGENDA `*Councilmember Scott moved to approve all items on the Consent Agenda as presented: A. Authorizing the final acceptance of the library project into the contractor's one-year maintenance period. B. Authorizing the final acceptance of the Lake Friendswood project into the contractor's one-year maintenance period. C. Endorse the Mayor's appointment/reappointment of a board member to the Board of Directors of the Harris-Galveston Subsidence District to fill a term expiring January 31, 2017. D. Accepting the November 2016 Property Tax Report. 01/09/17 4643 Seconded by Councilmember Rocket'. The motion was approved 6-0. With concurrence of Council, Mayor Pro-Tem Hill moved to Agenda Item 6, Closed Executive Session. i CLOSED EXECUTIVE SESSION I Mayor Pro-Tem Hill 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 tl Section 551.071 — Consultation with Attorney regarding potential litigation arising from pending zoning change application (Verizon Wireless), Section 551.071 — 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, Section 551.072 — Deliberation regarding real property (Parkland development; legal advice regarding potential development of real property located within the City of Friendswood), Section 551.071 —Consultation with Attorney regarding potential litigation (City of Houston regarding the operation of the Southeast Water Purification Plant), and Section 551.074 —Personnel Matters. RECONVENE INTO OPEN SESSION Council reconvened into Open Session with no action taken later in the meeting. JOINT PUBLIC HEARING Mayor Pro-Tem Hill 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 6.081 acres of land platted as Unrestricted Reserve A, Block 1 of Calvary Chapel Southeast Houston Amended Plat, and .583 acres of land out of Reserve "G2", Block 19, Forest Bend Subdivision, Section 3, located at 3700 and 3702 FM 528, Friendswood, Harris County, Texas, to change from Community Shopping Center(CSC) and Specific Use Permit(Ord No. 99-18) for a School (CSC/SUP (Ord No. 99-18)) to Community Shopping Center/Specific Use Permit (CSC/SUP) to allow NAICS Use No. 8131 Religious Organizations. Deputy Director of Community Development/Planner Aubrey Harbin explained the request and stated the request is for a Specific Use Permit (SUP) to allow Calvary Chapel Church to make some additional alterations to their building. The church currently occupies the buildings on the property, and the retail strip was originally bought and annexed into the City in the 1970's. The church sanctuary was completed in 2009 and, at the time, the Permitted Use was Religious Organizations, just permitted by right in the Community Shopping Center (CSC) zoning district. Since 2009, the zoning has been changed and now requires an SUP in order for the City to issue a permit to allow the church to make the alterations desired] Elizabeth Wagner, Friendswood resident, stated she lives in Forest Bend Subdivision adjacent to thl church property, there has been some'confusion with residents regarding the notices, and asked if the church was requesting to turn the property into a shopping center. Residents are concerned since another church has planned to build a strip center across the street. There are numerous strip malls in the area, and would like to see more variety in the City's tax base. Planning and Zoning Commission Chair O'Farrell stated the church would basically continue to operate as a church, the Planning and Zoning Commission is just cleaning up the zoning. 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 Pro-Tem Hill adjourned Council's portion of the Joint Public Hearing. 01/09/17 4644 COMMUNICATIONS FROM THE PUBLIC David Allen, Friendswood resident, addressed Council and stated he would like to speak about Agenda 21 and the global elite, seems the timetable has been moved up, make sure when the City signs federal papers that citizen's rights are not being taken away. The media is complicit, best chance of freedom is locally, police to maintain order, and Agenda 21 is always trying to take away citizen's rights. With concurrence of Council, Mayor Pro-Tem Hill moved to Agenda Item 12, Discussion and possible action regarding appointing a Senior Citizen Advisory Committee alternate member to fill.a vacancy. ACTION ITEMS **Councilmember Foreman moved to approve the appointment of Vicki Hefner as an alternate member to the Senior Citizens Advisory Committee to fill a vacancy with a term to expire November 2019. Seconded by Councilmember Scott. The motion was approved 6-0. **Councilmember Gustafson moved to approve the disposition of RFP No. 2016-09 for a Feasibility Study for services of the Activity Building and award to Joiner Architects, Inc. Seconded by Councilmember Rockey. The motion was approved 6-0. **Councilmember Rockey moved to approve technology upgrades in Council Chambers and award to Ford Audio-Video Systems, LLC. Seconded by Councilmember Foreman. The motion was approved 6-0. Mayor Pro-Tem Hill stated he filed a conflict of interest form, and he would abstain from voting on the next agenda item. ' **Councilmember Rockey moved to approve a License and Indemnity Agreement with Yellowstone Hill Country Ranching, LLC, for Sterling Creek Section 3, to utilize a portion of City property for detention purposes. Seconded by Councilmember Enochs. The motion was approved 5-0 with Mayor Pro-Tem Hill abstaining. **Councilmember Rockey moved to approve the Friendswood Downtown Economic Development Corporation budget. Seconded by Councilmember Enochs. The motion was approved 6-0. RESOLUTIONS **Councilmember Rockey moved to approve Resolution R2017-01 — A resolution of the City of Friendswood, Texas, approving an amendment to the bylaws of the Friendswood Downtown Economic Development Corporation; and repealing all other resolutions inconsistent or in conflict herewith. Seconded by Councilmember Enochs. The motion was approved 6-0. **Councilmember Enochs moved to approved Resolution R2017-02 — A resolution of the City of Friendswood,Texas, dedicating the use of real property as Municipal Park Land and declaring its acceptance and inclusion into Stevenson Park; and repealing all other resolutions inconsistent or in conflict herewith. Seconded by Councilmember Foreman. The motion was approved 6-0. **Councilmember Scott moved to approve Resolution R2017-03 —A resolution of the City Council of the City of Friendswood, Texas, approving an agreement/engagement letter for joint defense representation and/or of assertion of claims by and among the City of Friendswood, Texas, the City of Pasadena, Texas, ' and various other political subdivisions; and repealing all other.resolutions inconsistent or in conflict herewith. Seconded by Councilmember Rockey. The motion was approved 6-0. 01/09/17 4645 ORDINANCES i **Councilmember Scott moved to approve the Second and Final reading of Ordinance No. 2016 43 —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 7.5765 acres of land, more or less, being a called 8.58 acre tract of land less those portions taken for FM 528 right-of-way by deed recorded in Volume 979, Page 3, office of the County Clerk of Galveston County, Texas, and by deed filed for record under Clerk's File 8927433 of the real property records of Galveston County, Texas, being a part of the B.S. & F. Survey Number 5, Abstract 625, Galveston County, Texas; amending the zone classification from Single-Family Residential (SFR) to Community Shopping Center (CSC); 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 6-0. **Councilmember Scott moved to approve the Second and Final reading of Ordinance No. 2016-45 —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 2.039 acres being part of Lot 45, Slone Subdivision, out of the B.W. Camp Rice Farms in the John Dickerson League, Galveston County, Texas, according to the map recorded in Volume 254-A, Page 6, in the office of the County Clerk of Galveston County, Texas; amending the zone classification from Single-Family Residential (SFR) to Neighborhood Commercial (NC); 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 6-0. **Councilmember Foreman moved to approve the Second and Final reading of Ordinance No. 2016-46— ' An ordinance extending with Progressive Waste Solutions of TX, Inc., d/b/a WC of Texas the righ✓, privilege, and franchise for a term as set out in Exhibit "A", attached hereto and made a part hereof, to provide solid waste collection and disposal, and related business activities in the City of Friendswood Texas; prescribing compensation for the rights and privileges and franchise conferred hereunder; and prescribing the conditions governing the operation of the business. Seconded by Councilmember Gustafson. The motion was approved 5-1 with Councilmember Rockey opposed. Assistant City Manager Morad Kabiri reported that the Planning and Zoning Commission's vote for Agenda Item 18D, First reading of Ordinance No. T2017-01, 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 6.081 acres of land platted as Unrestricted Reserve A, Block 1 of Calvary Chapel Southeast Amended Plat, Harris County Clerk File No. 20060081527, and a tract or parcel containing .583 acres of land out of Reserve "G2," Block 19, Forest Bend Subdivision, Section 3, City of Friendswood, Harris County, Texas; amending the zone classification from Community Shopping Center/Specific Use Permit for a school (CSC/SUP 99-18) to Community Shopping Center/Specific Usb Permit(CSC/SUP) and granting a Specific Use Permit for NAICS Use No. 8131 "Religious Organizations" was approved 4-1. **Councilmember Scott moved to approve the First reading of Ordinance No. T2017-01 —An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C — "Zoning," b� amending the zoning classification for a tract or parcel containing 6.081 acres of land platted as Unrestricted Reserve A, Block 1 of Calvary Chapel Southeast Amended Plat, Harris County Clerk File No. 20060081527, and a tract or parcel containing .583 acres of land out of Reserve "G2," Block 19, Forest Bend Subdivision, Section 3, City of Friendswood, Harris County, Texas; amending the zone ' classification from Community Shopping Center/Specific Use Permit for a school (CSC/SUP 99-18) to Community Shopping Center/Specific Use Permit (CSC/SUP) and granting a Specific Use Permit for NAICS Use No, 8131 "Religious Organizations;" 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; 01/09/17 4646 and providing for severability. Seconded by Councilmember Rockey. The motion was approved 6-0 **Councilmember Scott moved to approve the First and Final reading of Ordinance No. 2017-02 — An ordinance amending City of Friendswood, Texas, Ordinance No. 2016-41, passed and approved October 3, 2016, same being an ordinance approving and adopting the City's General Budget for Fiscal Year 2016-2017 by approving "Budget Amendment III" to the "Original General Budget of the City of Friendswood, Texas, for the Fiscal Year 2016-2017"; 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 6-0. **Councilmember Scott moved to approve the First and Final reading of Ordinance No. 2017-03 — An ordinance amending City of Friendswood, Texas, Ordinance No. 2016-41, passed and approved October 3, 2016, same being an ordinance approving and adopting the City's General Budget for Fiscal Year 2016-2017 by approving "Budget Amendment IV' to the "Original General Budget of the City of Friendswood, Texas, for the Fiscal Year 2016-2017"; 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 6-0. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Scott stated he has had the privilege of serving on Council for six years, it has truly been an honor, is a volunteer position and he would not have it any other way. He stated he believes one of the greatest capacities you can serve in is to serve your community, and he will be running for re-election in May. Councilmember Enochs stated his second term in office is coming to an end, and it has been an honor ' working with Council and for the residents of Friendswood. He promised six years ago when he was elected that he would constructively do his best to move the City forward, while preserving the rich heritage and unique culture. He stated he believes the City is in a better position today than it has been in a long time, proud of the,things Council has accomplished together and the manner in which it was accomplished. The past year he has had a lot of people reach out to discuss what is next for him, after those discussions, a talk with his family and much prayer, he has decided not to seek a third term on Council. He believes he can better serve the citizens of Friendswood as well as the citizens of Galveston County Precinct 4 as the next County Commissioner. Councilmember Rockey stated he arrived a little early for the Gazebo event at Santa in the Park, sat on one of the benches to watch the parade, and sat next to the wife of the Pastor of the Friendswood Baptist Church and her three year old son. Her son was sacked out asleep on her shoulder, and she told Councilmember Rockey to tell whoever put the benches up that God thanks them. Mayor Pro-Tem Hill stated this was the first meeting of the new year, is honored to be able to chair the meeting, and wished Mayor Holland a full recovery. The City recently had the annual employee Christmas party for all the City employees and their families, is one of the highlights he enjoys while serving on Council, and he really enjoyed the party. Councilmembers Foreman and Gustafson stated they had nothing to report. The meeting was adjourned at 7:27 PM. V�✓ Mayor Ke Jolland 1 01/09/17 4647 Attest: • FRIEND'• 40 Melinda Welsh, TRMC City Secretary 1 I I I I