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HomeMy WebLinkAboutCC Minutes 2017-04-03 Regular 04/03/17 466 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTONIHARRIS )( APRIL 03, 2017 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, APRIL 03, 2017, AT 4:30 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 91b S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR KEVIN HOLLAND MAYOR PRO-TEM JIM HILL COUNCILMEMBER STEVE ROCKEY COUNCILMEMBER MIKE FOREMAN COUNCILMEMBER JOHN SCOTT COUNCILMEMBER CARLGUSTAFSON CITY ATTORNEY ARNOLD POLANCO CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH Councilmember Enochs was absent from the meeting. REGULAR SESSION Mayor Holland called the meeting to order. ' The invocation was given by Pastor David Bridges with Friendswood Friends 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. Councilmember Rockey requested Council move to Agenda Item 16, Consent Agenda and Agenda Item 10, Communications from Committees and Special Reports. With concurrence of Council, Mayor Holland moved to Agenda Item 16, Consent Agenda. CONSENT AGENDA **Councilmember Rockey moved to approve all items on the Consent Agenda as presented with the exception of Agenda Item A. B. Approving a Buyout License Agreement for 5227 and 5231 Shady Oaks Lane and authorizing the Mayor to execute the agreement. C. 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. D. Authorizing the disposal of a Police Departmerjt Vehicle through Houston Auto Auction. E. Approving an Interlocal Agreement with League City for Breath Alcohol Technical Supervisor services and authorizing the Mayor to execute the agreement. F. Accepting the February 2017 Property Tax Report. G. Approving the Minutes of the February 6, February 25, and March 6, 2017, Council meetings. Seconded by Councilmember Scott. The motion was approved 6-0. ' **Councilmember Rockey moved to approve Consent Agenda Item A. Approving an appointment to the Planning and Zoning Commission to fill an unexpired term. Seconded by Councilmember Gustafson. The motion was approved 4-2 with Councilmembers Hill and Scott opposed. i 04/03/17 4665 Discussion took place between Mayor and Council regarding the appointment of Brett Banfield to the Planning and Zoning Commission to fill a vacancy with a term to expire July 2017. With concurrence of Council, Mayor Holland moved to Agenda Item 10A, Annual Report from the Planning and Zoning Commission Chair Craig Lovell. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS The annual report from Planning and Zoning Commission Chair Craig Lovell was not presented to Council at this time. The report will be presented at the June Council meeting. With concurrence of Council, Mayor Holland moved to Agenda Item 5A, Work Session regarding Capital Projects update. WORK SESSION Mayor Holland opened the discussion regarding Capital Projects update. 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 Fire Station No. 4 expansion and the Kenneth Camp Fire Station, Centennial Park basketball pavilion, Old City Park, Round 1 Street Improvements, Blackhawk Boulevard Phase II and Woodlawn Drive, Lift Stations No. 18 and 23, the Blackhawk Wastewater Treatment Plant, and current Texas Department of Transportation (TxDOT) projects throughout the City. Mayor Holland opened the discussion regarding the purchase of wastewater treatment capacity within the Blackhawk Wastewater Treatment Plant. Assistant City Manager Morad Kabiri stated the Blackhawk Wastewater Treatment Plant is a joint venture with Gulf Coast Waste Disposal Authority (GCWDA) ' consisting of the City of Houston, City of Friendswood, Harris County Municipal Utility District (MUD) 55, and Baybrook MUD 1, and the City of Friendswood has 52% of plant capacity. In March 2014, the Texas Commission on Environmental Quality(TCEQ) issued a draft order regarding violations at the wastewater treatment plant. The violations centered mainly on high flows during extreme rain events that.exceeded permit thresholds. The City has completed the first two phases and is currently working on Phase 3 of an Inflow and Infiltration (I&I) study to determine where the problem lies relative to the City's sanitary sewer collection system. GCWDA has decided to add a third clarifier to the plant to handle high flows during extreme rain events and improve operability. The City of Houston has determined it has excess capacity within the plant, and has made a proposal to sell their excess capacity to the other participants at their current wastewater impact fee price. Council should note any initial purchases of capacity from the City of Houston will result in a greater percentage of costs for the third clarifier currently under construction. The issuance of the 2016 Water& Sewer Revenue Bonds was to pay the City's share of the third clarifier, and included funding to design and replace Lift Station No. 23 (Crazy Horse). During the design process of the lift station, a problem was discovered by the Engineer regarding the discharge piping. When the lift station was originally built, a 20-inch force main was installed to carry the flow to the Blackhawk Wastewater Treatment Plant. In December 2015, TCEQ regulations changed requiring a different minimum velocity or flushing velocity that would occur one or more times a day. The current force main of a 20-inch line is too large per TCEQ regulations. Staff is reaching out to TCEQ in hopes of securing grandfathering protection since the 20-inch line is structurally sound and not in need of replacement. If unsuccessful, additional Water & Sewer funds will need to be allocated to the Crazy Horse project, and reducing available revenues to purchase capacity in the wastewater treatment plant. Staff is seeking direction from Council, if interest still exists. Further discussion took place between Mayor, Council, and Staff regarding that the consensus of Council was to wait until the Texas Commission on Environmental Quality (TCEQ) issue with Lift Station No. 23 has been resolved to address purchasing additional capacity from the City of Houston at the Blackhawk ' Wastewater Treatment Plant. With concurrence of Council, Mayor Holland moved to Agenda Item 11, City Manager's Report. 04/03/17 4666 ' 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 9t Centennial Park on Saturday, April 8, 2017. KFB-Board members have teamed with the City's solid waste services provider, Waste Connections, JSC Federal Credit Union, Sonic of Friendswood, and Clear the Air to provide the community with a clean-up day. Shred-It 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 appliances, old furniture, miscellaneous wood, metal, and plastic. No household hazardou� waste will be accepted at this location. Household hazardous waste will be collected the same day from 9:00 AM to 2:00 PM at Gulf Greyhound Park. Examples of household hazardous waste are paint and paint-related products, cleaners, aerosols, fertilizers, pesticides, and automotive products (such as tires, oil, gasoline, oil filters and anti-freeze). Residents can also donate garage sale items to Keep Friendswood Beautiful. KFB will be accepting furniture, household items, 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 Friendswood residents and visitors will soon be admiring many beautifully maintained classic, restored and custom automobiles and motorcycles at Stevenson Park. The Eleventh Annual Car & Bike Show, formerly known as the Friendswood Is Great (FIG) Festival, is scheduled f4 April 22, 2017. The popular family event is coordinated by the Friendswood Chamber of Commerce 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 10 through April 13, 2017. The Friends of the Library will provide magnifier bookmarks and/or mop top pen highlighters for those who visit the library during that week. Former City Councilmember, D1. Harold Raley, will be at the Friendswood Library to discuss his most recent works, Points of Light and Adventures in Language, compilations of his numerous newspaper columns, and the novel, Barefoot on a Frosty Morn on April 12, 2017 at 7:00 PM. For more information about National Library Week, visit the library's website at www.friendswood.lib.tx.us. The City Manager reported that the annual Youth Fishing Derby event sponsored by the City of Friendswood Parks & Recreation Department has been scheduled for Saturday, May 6, 2017, et 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 licenses required to participate. Participants are encouraged to bring their own fishing supplies due to the supply of loaner rods being limited. Prizes will be awarded to the largest fish caught in each age group. With concurrence of Council, Mayor Holland moved to Agenda Item 15, Communications from the Mayor and Councilmembers. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS ' Councilmember Scott reminded everyone of the upcoming election, and to get out and vote. Councilmember Gustafson stated 20 years ago today Laura Smither was kidnapped, take time to 04/03/17 4667 remember Laura, and keep her family in your thoughts and prayers. Mayor Holland stated the Police Department did a nice presentation and acknowledgement today at Stevenson Park in memory of Laura Smither. Councilmembers Hill, Rockey, and Foreman stated they had nothing to report. With concurrence of Council, Mayor Holland moved to Agenda Item 12, Discussion and possible action regarding project list for possible County Bond Election. ACTION ITEM Discussion took place regarding a project list for a possible Galveston County Bond Election. Assistant City Manager Morad Kabiri stated Galveston County could possibly have a bond election in November 2017. The county has requested a list of projects for each municipality within their jurisdiction. The program would be similar to the 2008 program in which the City of Friendswood received revenue to fund several improvements throughout the Galveston County portion of the City. Council has been provided a list of projects within the five-year window from the draft 2017 update to the City's Capital Improvement Program in their backup material. At this time, Staff is seeking direction from Council on which projects to submit for consideration by Galveston County. Further discussion took place between Mayor, Council, and Staff regarding that the consensus of Council was to place Brittany Bay/Friendswood Lakes Boulevard, street maintenance program, and the Activity Center, in that order, on the list of projects for the possible Galveston County bond election. RESOLUTIONS **Councilmember Rockey moved to approve Resolution R2017-11 —A resolution of the City Council of the ' City of Friendswood, Texas, authorizing and approving the review and update of Galveston County Multi- Jurisdictional Hazard Mitigation Plan, February 2017. Seconded by Councilmember Hill. The motion was approved 6-0. **Councilmember Rockey moved to approve Resolution R2017-12—A resolution of the City of Friendswood, Texas, finding that CenterPoint Energy Resources d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas! ("CenterPoint"or"Company") Statement of Intent to increase rates filing within the City should be denied; finding that the City's reasonable rate case expenses shall be reimbursed by the company; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel. Seconded by Mayor Holland. The motion was approved 6-0. With concurrence of Council, Mayor Holland moved to Agenda.Item 14B, Ordinance No.T2017-09. ORDINANCES **Councilmember Hill moved to approve the Second and Final reading of Ordinance No. 2017-09 — An ordinance amending the Code of Ordinances, Chapter 86, by amending Section 86-75 entitled "Backflow Prevention and Customer Service Inspections" and providing for severability. Seconded by Councilmember Foreman. The motion was approved 6-0. With concurrence of Council, Mayor Holland moved to Agenda Item 14G, Ordinance No. T2017-15. *'Councilmember Hill moved to approve the First and Final reading of Ordinance No. 2017-15 — 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 VII"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; 04/03/17 4668 providing for severability; and providing other matters related to the subject. Seconded by Councilmember Rockey. The motion was approved 6-0. Councilmember Rockey asked if Agenda Item 17, Closed Executive Session (Evaluation of the Citt Secretary) could be included with the Executive Sessions in Agenda Item 6. City Attorney Arnold Polanco stated it was up to the discretion of Council. 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. Council convened into Executive Session in accordance with the Texas Government Code, pursuant to 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 litigation (Anticipated legal claim regarding Public Safety Building), Section 551.072—Consultation with Attorney regarding real property, Section 551.071 — Consultation with Attorney regarding pending claims (Olson & Olson, LLP), Section 551.087— Deliberation regarding economic development negotiations; to deliberate the offer of a financial or other incentive to a business prospect, Section 551.074— Personnel Matters; to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee (Evaluation of City Attorney applicants), Section-551.071 — Consultation with City Attorney to receive legal advice regarding advocacy for or against pending legislation (Senate Bill 1201), and 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 Secretary). RECONVENE INTO OPEN SESSION Council reconvened into Open Session with action taken later in the meeting regarding 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 Secretary). JOINT PUBLIC HEARINGS Mayor Holland and Planning and Zoning Commission Chair Craig Lovell called a Joint Public Hearing to order to receive comments from the public both oral and written, regarding a zone classification change request for 4.6212 acres being part of Lot 2 (2-3), Block 1, of Friendswood, a subdivision out of the Sarah McKissick Survey, located at 401 West Edgewood Drive, Friendswood, Galveston County, Texas, to change from Business Park (BP) and Single Family Residential (SFR) to Planned Unit Development (PUD) to develop a complex of senior independent living units as well as assisted living units and memory care facility. Deputy Director of Community Development/Planner Aubrey Harbin explained the request and stated the applicant would like to change the classification to Planned Unit Development (PUD), proposed uses include independent living for seniors ages 55 and older with approximately 75 units, assisted living facility on the same property with approximately 60 units, and approximately 15 memory care units. The maximum building height is an exception from the typical standard Community Shopping Center (CSC1 district, requesting 52.5 feet for maximum building height. The front building will be a three-story building for the independent living area, which will include a restaurant, possible lounge, salon, and fitness center for residents. The second building will be a two-story building, and the memory care unit in the back will be a single-story building. Planning and Zoning Commission Chair Lovell asked if the applicant was present. A gentleman from the ' audience stated he represented the landowner but did not wish to speak. Planning and Zoning Commission Chair Lovell asked if anyone would like to speak in favor of or in I 04/03/17 4669 opposition of the request. No one spoke. Planning and Zoning Commission Chair Lovell 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 Craig Lovell called a Joint Public Hearing to order to receive comments from the public both oral and written, regarding a zone classification change request for 1.8475 acres of land being part of Lot 4 (4-1), Block 11, Friendswood Subdivision and adjacent abandoned Hatcher Lane right-of-way, located at 104 Whispering Pines Avenue, Friendswood, Galveston County, Texas, to change from Single Family Residential (SFR) to Downtown District (DD). The existing Specific Use Permit(SUP) for NAICS Use No. 8131 Religious Organizations would remain. Deputy Director of Community Development/Planner Aubrey Harbin explained the applicant is requesting the zoning classification change to Downtown District (DD), property is within the DD boundary, there is currently a church on the property, and would like the option to be able to market and sell the property as commercial development. Planning and Zoning Commission Chair Lovell asked if the applicant would like to speak. Tracy Barnett, Pastor of Reach Church, stated the church recently decided that in the future they would soon outgrow their building and the property, not a lot of property at the location for growth, and would like to have future options open to market the property. Planning and Zoning Commission Chair Lovell asked if anyone would like to,speak in favor of or in opposition of the request. No one spoke. Planning and Zoning Commission Chair Lovell 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 Craig Lovell called a Joint Public Hearing to order to receive comments from the public both oral and written, regarding a zone classification change request for 8.358 acres of land being part of Lot 26, Voss Subdivision, Howard Subdivision Reserves E & F (pending recordation), located at FM 518 and Leisure Lane, Friendswood, Galveston County, Texas, to change from Office Park District(OPD)to Community Shopping Center(CSC). Deputy Director of Community Development/Planner Aubrey Harbin explained the requested zone change is from Office Park District (OPD) to Community Shopping Center (CSC). The Howard Subdivision is a plat to be recorded; the owners have cleared the land and extended utilities to the property in order to be able to sell the property to be developed. Ms. Harbin presented the zoning map for the property and explained the current zoning classification on the map. There is a pipeline on the property with a 50-foot building line that no habitable structures can be built beyond the 50-foot building line. Planning and Zoning Commission Chair Lovell asked if the applicant would like to speak. Scott Luther, representative from Virgata Property Company, stated their company is a Friendswood based development company, two partners are residents of Friendswood, in tune with Friendswood market, have been in commercial real estate for 31 years in the Houston area, have done many other developments in other cities, builders for medical institutional and retail, Chick-fil-A and Panera Bread are currently interested in the property. Virgata Property Company likes to be selective in locating the right user for a community. Jim Peterson, Partner of Virgata Property Company, stated he is 15-year Friendswood resident, the zone classification change will permit many commercial uses, could build some with Office Park District (OPD), boils down to who occupies the property. Community Shopping Center (CSC) would allow restaurants, higher assessed values, sales tax revenues, and predominant uses under CSC would be sales tax 04/03/17 4670 generators. Residents would be able to access desired goods without leaving town and tax dollars would stay in Friendswood. The site is a unique site, only site in Friendswood that would attract this type of retailer to the community. Planning and Zoning Commission Chair Lovell asked if anyone would like to speak in favor of the request. Jim Gerland, Friendswood resident, stated the property was listed for a year in 2016, approached ChicK- fil-A and they were interested, after work was done on the property, activity has gone through the roof on the property. He has seen the petition being circulated, property does not need to be Office Park District (OPD), should be zoned for retail, there is a 50-foot buffer not including the road and resident's back yards, and if traffic is a concern a light could be installed. Jim Peterson with Virgata Property Company is a great guy and developer. Skip Evans, Friendswood resident, stated he has lived in Eagles Point Subdivision for 36 years, is a member of the Community and Economic Development Committee and is speaking as a resident, supports the requested zone change. The development would be a benefit to the entire City and not just his subdivision. The City of Friendswood has had a past reputation of not being a business-friendly City, and has observed over the years how Friendswood has had a problem attracting quality businesses. He further stated he trusts that the Planning and Zoning Commission will provide options that will be beneficial to the entire City. Travis Brice, Friendswood resident, thanked Council for serving, and stated Virgata Property Company met with Eagles Point Homeowner Association (HOA), likes that they are from Friendswood, detention would be a benefit, traffic intersection should be called kamikaze corner, the City would be forced to install a traffic light, and suggested making the retention pond into a walking park with benches. He requested the City inspect the construction regarding pooling water in the lot flow to retention pond. ' Harold Benson, representative of Hope Lutheran Church, stated the kamikaze corner is a bear to get across, has no objection to the zone change, requests for Council to pay attention to traffic, and asked them to consider the traffic situation. Planning and Zoning Commission Chair Lovell asked if anyone would like to speak in opposition of the request. Eddie Carpenter, Friendswood resident, is a 20-year resident, lives on Leisure Lane, moved to the City of Friendswood to not have to deal with issues like Pearland Parkway and all the development, lives two houses down from the project. He stated that he observed 12 vehicles this morning take a right on his street at Leisure Lane, had to wait until the 12 cars passed to get out of his driveway, those cars were trying to avoid intersection of FM 528 and FM 518. Also observed a truck and a car cut through the credit union parking lot and two other cars went through the other bank to cut through, is a continual problem. He further stated he is proud of the accolades the City has earned, came from past Councils, do not let this change under the current Council's watch. If he was running for City Council his slogan would be fight to keep Friendswood Friendswood. Judith Oppenheim, Friendswood resident, lives in Eagle Point Subdivision, questions the economic impact of the zone change, is a function of the retail mix, HEB Grocery is big draw for potential buyers, only so many urgent care centers make sense in this area, not many are operating at capacity. In regards to the fast food in this retail mix, if is not fast due to traffic then questions whether people will frequent the restaurants, and that would not increase sales tax revenue. Ms. Oppenheim urged Counc�1 to look at the economic impact. Mark Gill, Friendswood resident, is a 42-year resident, has lived on Leisure Lane for 18 years, over the past several years traffic has increased, has the same issue leaving his driveway as Mr. Carpenter in the mornings. The fundamental reason he believes the request is a bad idea is it does not eliminate congestion, and believes it would be a bad idea and bad for public interest. 04/03/17 4671 Mike Kuchta, Friendswood resident, stated he has been a Real Estate Analyst for over 30 years; zoning is used to separate residential properties from the high impact commercial sites. The proposed zone change does not do that, and is asking Council to not take away the security of the neighborhood. The developer that stated the proposed development is the best use for the property has not provided the evidence behind that statement. Mr. Kuchta further stated he does not believe this is a very well thought out plan. Shane Wiest, Friendswood resident, stated he grew up a small North Dakota town guy, lived in South Shore Harbour, looked for a place to live and kept coming back to the City of Friendswood. He has a special needs daughter, can drive her bicycle around and does not have to worry. He leaves early and misses traffic but wife has to take the kids to school, traffic on FM 518 is awful, is not supportive of the medians on FM 518. Kim Dawson, Friendswood resident, stated she moved to Friendswood 25 years ago from the City of Pearland, took everything they had to move to Friendswood, and moved here because of small town feel. The developer said the proposed development is a quality development, what is their definition of quality, her definition is a safe neighborhood in a small town, is almost embarrassed to have people drive through Friendswood that have not been here in 15 .years. The City's development has ruined places for migratory birds that come through, one of the applicants said there is a 50-foot easement, could be used as a driveway, do not need any more development, asked Council to consider the needs and desires of the residents. Cheryl Rollin, Friendswood resident, stated she has been a resident for 39 years, traffic is a nightmare, there is not infrastructure to put in a commercial development at the proposed location, next door to residential, has not been done in the past, if revenue is what the City is looking for this is not the right way, there are other areas that are less congested. Miriam Sam, Friendswood resident, lives on Eagles Cove, is vehemently opposed, government should ' support the will of the people, as a mother she is opposed because kids play in the neighborhood, would be an eyesore, dotting the City with fast food restaurants does not support the vision for the community. She stated she realizes it is a balancing act with taxes and looking for sources of revenue, but she believes whatever funds the City gets from increasing revenue on the commercial side the City would lose due to not being able to increase the value of her home. Jennifer Rollins, Friendswood resident, stated she has been a resident for 15 years, has two kids who would be impacted, her neighborhood is one of the oldest, their neighborhood is getting the squeeze, uses Leisure Lane to walk dogs, and cannot easily get to other parks. She stated when she moved here 15 years ago she knew it would not stay green, is not opposed to development in the area, looked up Council's addresses and they do not have a Chick-fil-A in their back yards, loves where she lives and asked Council to do unto others as you would have done to you. Chris Sam, Friendswood resident, stated he lives on Eagles Cove, bought in Friendswood because of small town feel, speaking for more than 40 kids that live in his neighborhood that can currently ride their bike safely, people will use their neighborhood as a U-turn, will have to ask his son to stop riding his bicycle in the street. Kids in America do not have an opportunity to go outside and ride their bikes in neighborhoods, but in Friendswood they do, asked Council not to take that opportunity away from the kids in their neighborhood. Santos Venegas, Friendswood resident, handed out a protest petition and stated there are almost 100 signatures from 63 houses. Has heard concerns of traffic congestion, lacks strategic planning to route all the cars and move traffic out of the intersection, why build more in the area until you have a plan to move those vehicles out of the way, diminishes value of homes and puts children at risk. Planning and Zoning Commission Chair Lovell 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. 04/03/17 4672 Mayor Holland and Planning and Zoning Commission Chair Craig Lovell called a Joint Public Hearing I order to receive comments from the public both oral and written, regarding a request to vacate right-of;- way for 9.195 acres of land situated in the John Dickinson Survey, also known as Windemere Road, being out of and a part of Windemere Road a/k/a "County Road to Algoa", Friendswood, Galveston County, Texas. Deputy Director of Community Development/Planner Aubrey Harbin explained the 23 residents whose property backs up to Windemere Road are jointly requesting the City vacate the 80-foot right-of-wa� behind their properties. The residents did obtain a No Objection letter from the utility companies. Comcast is requesting the 80-foot utility easement remain, Texas-New Mexico Power needs vehicular access, resident's fences will remain as is, 23 residents have discussed entering into a shared access agreement, and residents would need to dedicate it as a utility easement once the right-of-way is vacatedi Planning and Zoning Commission Chair Lovell asked if anyone would like to speak in favor of or in opposition of the request. No one spoke. Planning and Zoning Commission Chair Lovell 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 9, Communications from the Public. COMMUNICATIONS FROM THE PUBLIC Sally Branson, Friendswood resident, addressed Council and announced her candidacy for Council Position No. 2, is a long time Friendswood resident, graduate of Friendswood High School, owns a business in Friendswood, currently serves on the Friendswood Education Executive Board, Friendswood ' Historical Society Board, Galveston County Historical Commission, Rotary Club, and Friends of Downtown Friendswood Association as Vice President. Her City government experience was serving on the City's Planning and Zoning Commission from July 2014 to March 2017. Ms. Branson stated her goal is to affect thoughtful growth of the City while maintaining the quality of life all Friendswood residents love. In addition, she will work to sustain safety and affordability while continuing the City's beautification efforts, shaping Friendswood's future without losing sight of Friendswood's past. Her family first moved to Friendswood in 1974, wanted Friendswood to be the place to raise her family and stay involved, and is now home to four generations of her family. Vision 2020 states that the quality of life is what Friendswood is all about. This is what she is all about and why she would like to be a member of Cit� Council. Ms. Branson stated her vision for the community is a balanced tax rate through economic development and downtown enhancements, quality public safety, improved infrastructure, along with adequate funding for street and drainage improvements. She further stated she believes her long-term involvement in the community, along with her strong financial background, qualifies her to be the ne>�t Councilmember. David O'Farrell, Friendswood resident, addressed Council and announced his candidacy for Council Position No. 5, and stated he has lived in Friendswood his entire life, has watched the City grow over the years, graduated from Friendswood High School, received a bachelor's degree in business and a masters in theology, has three children who are also Friendswood Independent School District (FISD) graduates. He stated he has worked for 33 years in his family's business O'Farrell Reality, which just celebrated its 60`h year in Friendswood making it the longest working family business in town. He is active in the community, has City government experience of serving over the past 10 years on the Planning and Zoning Commission (P&Z), a member of the local Rotary Club, a board member of the Friends of Downtown Friendswood Association, proud supporter and contributor to the development of Lake Friendswood Park, the Friendswood Dog Park, and the Friendswood Frisbee Golf Park, participates with numerous community organizations and events. As a member of P&Z for the last 10 years, he has ' continually put forth policies to insure that non-desirable development is avoided without putting needless obstacles in the way of thoughtful development. Mr. O'Farrell further stated his goals are built on the values of the City's past and with a focus on the future, doing what is right for the community, and being a voice for the people. Continued efforts must be made to keep Friendswood both safe and affordable 04/03/17 4673 while never losing sight of where they came from and who Friendswood is. His long-term knowledge and involvement in the community has prepared him to work hard for Friendswood, keeping property taxes low, and an advocate for the citizens. Trey Kitchen, representative of Village on the Park, addressed Council and stated Village on the Park is a senior facility that currently has 158 independent living units, would like to add an additional 20 units to the facility, building would look identical to the current structure, lost Planning and Zoning Commission vote, property is 100% occupied, trying to open space for waiting list, some residents will transition to needing additional care, the additional 20 units would be assisted living, and is asking Council to approve additional units. With concurrence of Council, Mayor Holland moved to Agenda Item 14A, Ordinance No. T2017-08. ORDINANCES (continued) **Councilmember Rockey moved to remove from the table the First reading of Ordinance No. T2017-08— An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C—"Zoning," by amending Planned Unit Development-Specific Use Permit(PUD-SUP) Ordinance No. 84-16 creating PUD No.1 for 400 East Parkwood Avenue, Village on the Park, a 13.227 acre tract of land located in the Sarah McKissick League Survey, Galveston County, Texas, more specifically described in Exhibit "A", attached hereto, located in the"Community Overlay District" (COD); to clarify and approve use as NAICS No. 623312 "Assisted Living Facilities for the Elderly (without on-site nursing)" in place of the previously approved "Retirement Home for the Ambulatory Elderly' use, allowing revision of the prior site plan for addition of a new 1-story building for 20 new assisted living units, including parking spaces, providing for setback requirements and related amendments for such purposes as depicted in Exhibit"B", attached hereto, but otherwise subject to the prior regulations, restrictions, and conditions of Ordinance No. 84-16 and specific conditions herein; and 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 remove from the table was approved 6-0. **Councilmember Scott moved to approve the First reading of Ordinance No. T2017-08 — An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C —"Zoning," by amending Planned Unit Development-Specific Use Permit(PUD-SUP) Ordinance No. 84-16 creating PUD No.1 for 400 East Parkwood Avenue, Village on the Park, a 13.227 acre tract of land located in the Sarah McKissick League Survey, Galveston County, Texas, more specifically described in Exhibit"A", attached hereto, located in the"Community Overlay District" (COD); to clarify and approve use as NAICS No. 623312"Assisted Living Facilities for the Elderly (without on-site nursing)" in place of the previously approved "Retirement Home for the Ambulatory Elderly" use, allowing revision of the prior site plan for addition of a new 1-story building for 20 new assisted living units, including parking spaces, providing for setback requirements and related amendments for such purposes as depicted in Exhibit'B", attached hereto, but otherwise subject to the prior regulations, restrictions, and conditions of Ordinance No. 84-16 and specific conditions herein; and 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 failed 2-4 with Mayor Holland, Councilmembers Hill, Rockey, and Gustafson opposed. No motion was made on the First reading of Ordinance No. T2017-11 —An ordinance approving a vacation of a portion of a public right-of-way abutting the rear of properties located at 101-105, 301-305, 503-505, 701- 705, 901-907, 1103-1105, 1301-1305 and 1501-1503 West Viejo Drive, Friendswood, Texas; authorizing the Mayor to execute and the City Secretary to attest a quitclaim deed by and between the city and the owners of said properties. No motion was made on the First reading of Ordinance No. T2017-12—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 4.6212 acres from Business Park(BP) and Single Family Residential (SFR) to Planned Unit Development(PUD), said 4.6212 acres of land being part of Lot 2 04/03/17 4674 (2-3), in Block 1, of Friendswood, a subdivision out of the Sarah McKissick Survey, Abstract 151, in Galveston County,Texas, City of Friendswood, more fully described in Exhibit"A", incorporated by referencef 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 da), of violation of any provision hereof; and providing for severability. No motion was made on the First reading of Ordinance No. T2017-13—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 8.358 acres of land, being part of Abstract 151, Page 11, part of Lot 26, Voss Subdivision, Galveston County, Texas; amending the zone classification from Office Park District (OPD) 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. No motion was made on the First reading of Ordinance No. T2017-14—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 1.8475 acres of land, being part of Abstract 151, Page 6, part of Lot 4 (4-1), Block 11, Friendswood Subdivision & adjacent abandoned Hatcher Lane right-of-way, Galveston County, Texas; amending the zone classification from Single-Family Residential (SFR) to Downtown District (DD); 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. With concurrence of Council, Mayor Holland moved to Agenda Item 19, Consideration and possible action regarding the annual review of the City Secretary. ' ACTION ITEMS (continued) "Councilmember Foreman moved to approve giving the City Secretary a 3.5% raise for the upcoming year. Seconded by Councilmember Rockey. The motion was approved 6-0. The meeting was adjourned at 8:23 PM. Mayor Ke 'n H nd Attest: lX `- •.�F pRIE/�� Melinda Welsh, TRMC •`�• s�••• City Secretary • U: O :•N% *; •••9TFOF'�E�'P'••