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HomeMy WebLinkAboutCC Minutes 2017-09-11 Regular 09/11/17 4722 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( SEPTEMBER 11, 2017 )( I MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, SEPTEMBER 11, 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 KEVIN HOLLAND MAYOR PRO-TEM STEVE ROCKEY COUNCILMEMBER SALLY BRANSON COUNCILMEMBER JIM HILL COUNCILMEMBER MIKE FOREMAN COUNCILMEMBER JOHN SCOTT (Arrived at 5:25 PM) COUNCILMEMBER CARLGUSTAFSON CITY ATTORNEY MARY KAY FISCHER 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 Mayor Holland asked if anyone would like to speak. No one spoke. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS City Manager Roger Roecker presented the Five Star Spirit Award for the second quarter of 2017 to Administrative Services Department Accountant Rolanda White who has been with the City since September 2014. Ms.White was nominated by a co-worker who wanted to acknowledge that she is a great team player. Ms.White has assisted on several projects outside of her regular duties that included helping another department during a software transition and most recently when her colleague was out of the office she assumed their duties as well as assisting the rest of the department that was short-staffed at the time. Ms. White's actions exemplify the attributes of the Five Star Spirit Award being Courteous, Competent, Reliable, Professional and Enthusiastic. The City congratulates Ms. White on being the recipient of the Five Star Spirit Award for the second quarter of 2017 and appreciates her service to the citizens of Friendswood. With concurrence of Council, Mayor Holland moved to Agenda Item 20, Communications from the Mayor and Councilmembers. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Mayor Holland stated the City of Friendswood owned a piece of American weather history on August 29, 2017, when the'rain gauge on Winding Road at Mary's Creek measured 49.2 inches. That was a new continental United States rainfall record for a tropical system. Friendswood probably would have gone on to set a higher record, but the gauge stopped working. That was just one measuring point in the City of Friendswood. It is safe to say that the whole City was inundated with at least 48 inches of rain. Lately, it 09/11/17 4723 has been raining everywhere; Rockport, Corpus Christi, Friendswood, Louisiana, Florida. The phrase"500- year flood"just does not have the rare value that it used to. So what now, first we pray, we thank God for the lives he spared, we ask God to comfort the families of the two men who perished in the flood, and we ask God for strength for each day. Next, there was help from the Cajun Navy to the Salvation Army, we have seen them all. Everyone has helped from Mustangs to Wolverines, neighbors and strangers, Police Officers, Firefighters, volunteers, and City Staff. Not only do we pray and help, we learn. Lesson number one, stuff does not last, but relationships do. In the last two weeks, I do not think we have heard anyone say, "I'm going to miss that socket set"or"That crock pot was just irreplaceable." When we have mourned, it is for people lost. When we have rejoiced, it is for people found. We are reminded that people matter more than possessions.I Lesson number two, we really are in this together. We saw, and are seeing, how humanity can come together and help each other. The flat boat operators saving lives in Friendswood did not ask if you live in Galveston or Harris County. Rescuers did not ask if you are for or against a Chick-fil- a or a carousel. Helicopters did not rescue only the rich or educated. People came together no questions asked to help people. Hurricane Harvey reminded us that in Friendswood we really are in this together. The attitude we have in the midst of the most challenging times is the one that can also serve us best every day. So let us practice what they teach in Lamaze classes, take some deep breaths and hold the hand of the one who loves you. WORK SESSION Mayor Holland opened the discussion regarding Tropical Storm/Hurricane Harvey. City Manager Roger Roecker reported that thoughts and prayers go out to those that have lost loved ones and whose homes were flooded. The City is proud of the first responders, employees and volunteers, and their heroic actions taken during the response to Hurricane Harvey. The evening of August 26, 2017, the City of Friendswood began receiving extreme rainfall from Hurricane Harvey, and over the next five days the majority of Friendswood received over 40 inches of rainfall. The gauge at Mary's Creek recorded nearly 50 inches of rain before it failed. Damage assessments are still being finalized, but initial tabulations show approximately ' 2,200 homes and 45 businesses were flooded. Water levels from Hurricane Harvey exceeded the "500 year" flood plains designated by the National Flood Insurance Plan (NFIP), and due to the historically high creek levels many of the homes that flooded did not have flood insurance. The City began preparing for Hurricane Harvey on August 22, 2017, when the Office of Emergency Management (OEM) began participating in state conference calls. During the next several days, OEM, Police, Fire, and Public Works departments actively prepared for the storm. High water vehicles were tested and fueled, cots and bottled water were staged at the Friendswood Activity Building, ditches were checked for obstructions and debris, information was released to the public, and other preparedness actions were taken. On the evening of August 26,2017, City Staff had gathered for a scheduled conference call from the National Weather Service (NWS). Approximately thirty minutes before the call was to begin, the NWS cancelled the conference call about the weather(due to the weather). During the late hours of August 26, 2017, and the early morning hours of August 27, 2017, 9-1-1 calls significantly increased with reports of water entering homes. A response was initiated with the Police Department responding in its high water vehicles. No mutual aid was available from neighboring jurisdictions as they were responding to their own rescue calls. Additional resources from the Public Works Department, Galveston County Consolidated Drainage District, and Friendswood Independent School District (FISD) were requested. Dump truck drivers were paired with police and fire crews and were sent to areas that were still accessible. Residents were loaded into the backs of trucks and transported to temporary places of refuge,and many streets became quickly impassible even for high water vehicles. As more calls for service continued, fire and police units deployed boats to conduct high water rescues. First responders continued rescues in the face of dangerous currents in the swollen creeks, tornado warnings, and while some of their own homes flooded. The Friendswood Activity Building was first opened as a temporary refuge but was quickly filled to capacity. On the Galveston County side, a request was made to FISD to open a school as a refuge. FISD Superintendent Thad Roher responded personally to open Friendswood High School. On the Harris County side, Clear Creek Independent School District (CCISD) was contacted for the use of Wedgewood Elementary. CCISD staff gave permission to utilize the school and remotely activated lights and air conditioning. During response ' activities, an estimated 1,000 Friendswood residents were housed at these places of temporary refuge. The City has begun the recovery process, and,recovery will be a long and winding road with hardships for residents and businesses. An introductory meeting was held with Federal Emergency Management Agency 09/11/17 4724 (FEMA) on September 5, 2017, the future possibility of buyouts was discussed but there will be no conclusive information until FEMA finalizes their decision. The pickup of storm-related debris began on September 6, 2017, with multiple trucks in operation, and debris is estimated to range from 100,000 to 200,000 cubic yards. Contractors are working diligently to remove all storm debris, but the City asks that residents be patient. The response from the community has been amazing. A coordinated effort between local churches and non-profits has resulted in a strong support system for residents. A call center organized by the Church of Jesus Christ of Latter-day Saints was opened, First Baptist Church of Friendswood opened a collection center to receive and distribute donations, Mary Queen Catholic Church expanded the hours and floor space of its food pantry to support the community, Calvary Houston in conjunction with Mercy Chefs have prepared twice-daily meals for residents affected and those volunteering in the cleanup effort. Other churches have provided counseling services, muck out teams, temporary childcare services, and housing for teams responding from out of state, and the Rotary Foundation has provided a mechanism to receive financial donations to aid local flood victims. All residents who have been impacted by Hurricane Harvey are encouraged to register for FEMA assistance. FEMA teams have had mobile registration 9tt Calvary Houston and the First Baptist Church donation center to help get residents registered. Beginning this week FEMA representatives will canvass neighborhoods to check if flood victims have registered with FEMA. A Disaster Recovery Center has been requested for the City of Friendswood, but it is not yet known if the City will receive one. Contractors offering repair services throughout the City must register with the City prior to soliciting work. The registration,ensures that contractors are properly licensed and insured. Permit fees for storm damage repair are being waived. The City Manager further stated there are too many people to thank individually but he wanted to recognize and applaud the efforts of all the City employees, a number of who sustained damage (several of a catastrophic level) and they continue to serve, and every, department was represented and helped in different ways. The City's volunteers and churches have been amazing, people from all around the country have been supportive, and the community will need to continue to support each other. Staff asks for resident's patience as the City continues to work through the debris removal stage. Continue to pray for those that have been impacted by Hurricane Harvey, and also pray for the residents of Florida and the southeastern part of the country as they deal with the effects of Hurricane ' Irma. Discussion took place between Mayor and Council regarding an overview of damage received to City facilities, excellent work done by Staff in the Emergency Operations Center, and Staff will try their best to alert residents in specific areas of when CrowderGulf will be in their area for debris pickup. Mayor Holland opened the discussion regarding the City's proposed Fiscal Year 2017-2018 General Fund Budget. City Manager Roger Roecker stated Staff received a supplement to the certified values that had been received, numbers have changed since the August Council meeting, and the new Effective Tax Rate will be $0.5273. Administrative Services Director Katina Hampton presented a PowerPoint presentation regarding Fiscal Year 2018 total revenue of $56.4 Million, Fiscal Year 2018 total expenditures of $56.3 Million, current tax rate of $0.546, proposed budget rate of $0.5273, ongoing and completed 2013 authorized bond projects totaling $24 Million, reviewed historical tax rate, historical total property taxes fogy various appraised home values, General Fund revenue of$26.2 Million, General Fund expenses of$26.8 Million, Fiscal Year 2018 Operational Expenditures (General Fund plus Water and Sewer Fund), reviewed historical population figures, full-time equivalent personnel per capita, government funds expenditures per capita, General Fund Forces at Work total of $213,752, General Fund Decision Packages total of $1,489,869, Water and Sewer Fund revenues of$12.2 Million, Water and Sewer Fund expenses of$12.5 Million, Water and Sewer Fund Forces at Work and Decision Packages total of $392,465, unfunded Decision Packages, Water and Sewer current and completed projects total $8.5 Million, and Public Works water and sanitary sewer five-year Capital Improvement Plan. Discussion took place between Mayor, Council, and Staff regarding that the sales tax revenue figure includes the new telecommunication tax revenue, proposed tax rate would be the City's lowest tax rate in 39 years, and discussed Decision Package requests from the Friendswood Volunteer Fire Department (FVFD) for pay increases for full-time and part-time personnel. Mayor Holland directed Staff to place a discussion item on the October Council agenda for Council to have a discussion with the Friendswood Volunteer Fire Department. 09/11/17 4725 Mayor Holland opened the discussion regarding the Capital Project update. Director of Public Works/City Engineer Patrick Donart presented a PowerPoint presentation regarding the progress made on Capital Projects since the July Council meeting. He reported on the Centennial Park Basketball Pavilion, restroom and pavilion at Lake Friendswood, Old City Park, Round 1 Street Improvements, Blackhawk Boulevard Phase II and Woodlawn Drive, Lift Station No. 18 and 23, and the Blackhawk Wastewater Treatment Plant. 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 National Night Out has been scheduled for Tuesday, October 3, 2017. National Night Out is a great opportunity for citizens and law enforcement to partner up against crime. To join in on National Night Out event get your neighbors to turn their porch lights on, organize a block party or some type of neighborhood event,fill out and return a National Night Out application to Officer Kevin Crouch at the Friendswood Police Department. The City Manager reported that this summer the City of Friendswood Library had 2,295 readers join the Summer Reading Club, and they read 34,585 books over 11,609 hours. Story time was attended by 3,447 kids and adults, 2,634 people attended the all age programs that included magicians, hula hoops, live animals and much more. Over 1,000 people attended the craft sessions for children. There were 754 tweens and young adults that attended 35 programs including the end'of summer party and lock-in. There were 146 adults that registered for the summer reading challenge, a total of 646 books were read through the challenge, 79 of the registrants logged at least one book, and through a random prize drawing 22 of those participants received prizes. The summer programs were successful because of great help from many teen volunteers along with a number of businesses who donated goods and services. The business included Cookie Gem Bakery, Dunn Brothers Coffee, HEB Grocery Store, Houston Rockets, Jumpin' Jungle, Kids Creations, La Escondida, Luna's Mexican Restaurant, Moody Gardens, Popstars, Rainforest , Pet Store, Sonic, TCBY, and Whataburger. The City Manager reported that on September 23, 2017, at 3:00 PM there will be a "Friendswood Strong" benefit concert at Stevenson Park, will be a fundraiser for citizens that received damages in Hurricane Harvey. Councilmember Rockey asked about trash/debris pickup, does the City fund the services,and City Manager Roger Roecker answered that City funds would be paid up front, and Staff will do their best to get reimbursement from Federal Emergency Management Agency (FEMA.) With concurrence of Council, Mayor Holland moved to Agenda Item 21, Consent Agenda. CONSENT AGENDA '*Councilmember Scott moved to approve all items on the Consent Agenda as presented: A. Authorizing Council to invoke Rule 1(A) of the Rules of Procedure regarding scheduling special City Council meetings. B. Approving a Congregate Meal Program Interlocal Agreement with Galveston County Parks and Senior Services Department for the City's Senior Citizen meal program. C.Authorizing the final acceptance of the Lift Station 18 replacement project into the contractor's one-year maintenance period. D. Approving an interlocal agreement with the North Texas Council of Governments(NTCOG)for Actuarial Shared Services and authorize the Mayor to execute the agreement. E. Approving a Buyout License Agreement for 15338 Wandering Trail and authorizing the Mayor to execute the agreement. F. Ratifying the Mayor's action amending the Contract for Debris Management Services with Crowder Gulf, effective September 4, 2017, and amending the contract for a-waste services. G. Ratifying the Mayor's action amending the Professional Services Agreement for Monitoring Debris Removal and Related Services with Tetra Tech, effective on September 4, 2017. H. Accepting the July 2017 Property Tax Report. ' Seconded by Councilmember Rockey. The motion was approved unanimously. With concurrence of Council, Mayor Holland moved to Agenda Item 20, Communications from the Mayor and Councilmembers. 09/11/17 4726 COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS (continued) Councilmember Branson stated she has heard nothing but praise for the City, school, and citizens of Friendswood on how everyone pulled together and worked together, and the City is light-years ahead of neighboring cities. Mrs. Branson thanked those involved and stated she was proud of the City of Friendswood. Councilmember Hill stated he would like to thank Councilmember Branson, his son had four feet of water in his house in Heritage Estates and Councilmember Branson sent volunteers to help clean out his house in about five hours. There were high school boys and girls that helped so many people. It is going to take the City a while to recover but it will. Councilmember Foreman thanked the people that offered help throughout the community, had water in his house and the outpouring of help was incredible, still getting calls from around the country asking if he needs water, and it was heartwarming to see. Councilmember Scott thanked all the people that helped during the storm,community we live in is amazing, full of amazing people who do amazing things for others. While he was working at the shelter on Tuesday, several of the high school football players were there helping to do whatever needed to be done. The football team was going to have a voluntary practice on Wednesday but the players actually preferred tc be helping in the community over practicing football. Councilmember Scott suggested the players spread their desire to their teammates, and that he would be at the high school Wednesday morning if they wanted to go help in the community with clearing out carpet, padding, and sheetrock in the neighborhoods. Councilmember Scott thought he would show up Wednesday morning and there would be 55 or so football players, at 11:30 PM Tuesday evening he received a text from the Athletic Director's Secretary asking if he had seen the post on social media. There were post from every football team from junior high to varsit),, ' baseball, softball, volleyball, track, cheerleading, cross country, tennis, band that wanted to be involved. On Wednesday morning when Councilmember Scott showed up at the school there were probably close to 300 Friendswood students ready to go help. The students went where they were directed to go, and worked tirelessly and selflessly from Wednesday until that next Monday. Councilmember Scott stated it makes him proud to live in the City of Friendswood knowing that the youth are that selfless and caring. it makes him very humble to know that is the kind of people that live in the community and that the children get the message that is always being shared. He thanked all the students from Friendswood Junior High School and Friendswood High School that helped. Councilmember Gustafson stated who would have imagined a month ago that we would be sitting here tonight talking about what we are talking about, the storm brought out the best in our City and others. He stated he was cut off in his neighborhood from the rest of the City,was helped by Pearland residents, horror of watching the water rise, not knowing.when it was going to stop but you knew the kindness of strangers. The recovery effort will be a long road and storm debris will not all be picked up in a week or two. Assistant City Manager Morad Kabiri stepped up and shined in the absence of City Manager Roger Roecker, and every department in the City did a greatjob during the storm. At all levels Hurricane Harvey was a historic event, and the City of Friendswood set the gold standard on how to handle the situation. The City of Friendswood will be back, and he is proud to live in Friendswood. Councilmember Rockey stated he had nothing to report. With concurrence of Council, Mayor Holland moved to Agenda Item 7, Closed Executive Session. CLOSED EXECUTIVE SESSION ' Mayor Holland asked if anyone would like to speak regarding the Executives Session. Pat McGinnis, Friendswood resident, addressed Council and stated he is a resident of Polly Ranch Subdivision, at the meeting to discuss the proposal from Verizon Wireless about the cell phone tower, and 09/11/17 4727 provided Council with handouts. Residents of Polly Ranch still remain in opposition to the construction of the tower, neighbors came to Council when the issue first came up, not the best idea to place a cell phone tower in line with an active runway, Planning and Zoning Commission (P&Z) had a negative recommendation, and Council decided not to bring the item up that night. Residents believed the threat was gone, but three months later learned Verizon Wireless was intent on the tower and was discussing legal action. With the assistance of the former City Attorney and current City Attorney there has been negotiation and discussion between the City and Verizon Wireless to try to reach a good compromise. Residents agree with three out of the four stipulations and feel the proposal should not be accepted due to the fourth stipulation. The first three stipulations are largely mitigated for public safety and aviation safety concerns by limiting the tower. The concern for the fourth stipulation is in regards to the future, how the City can assure this is a permanent solution, a future owner or future operator could approach the City with the same case to amend the zoning requirement to 120 or 150 feet. He encouraged Council to go back to the residents' original proposals and look at other sites Verizon should consider, thanked Council for their attention, and stated he agrees with the objectives of Verizon Wireless but would like to protect the airspace and property values. Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.071 — Consultation with Attorney regarding potential litigation arising from pending zoning change application (Verizon Wireless). RECONVENE INTO OPEN SESSION Council reconvened into Open Session with action taken later in the meeting regarding Section 551.071 — Consultation with Attorney regarding potential litigation arising from pending zoning change application (Verizon Wireless). PUBLIC HEARING ' Mayor Holland called a Public Hearing to order to receive comments from the public, both oral and written, regarding the proposed Fiscal Year 2017-2018 General Operating Budget for the City of Friendswood. Mayor asked if anyone wished to speak in favor of or in opposition to the proposed Fiscal Year 2017-2018 General Operating Budget for the City. Rick McFee President of Friendswood Volunteer Fire Department(FVFD) stated he would like to clarify the Fire Department's budget priorities. Every year the department looks at their needs, after carefully looking at their operational budget they determine where they think there will be impacts relative to cost increases, new programs, and new needs based on operational impacts. The budget request submitted to the City is derived from that review. The request is reviewed with the, Fire Department executive board and membership, receive input from the membership, and agree upon a set of priorities. Those priorities are then submitted to the City in priority order ranked from the top down. The number one priority for this upcoming budget year was to receive a request for funding for the positions that were approved for the last three years. The additional paramedic positions were underfunded from the original amount requested leaving the department with a budgetary shortage of $20,000. The remaining requests are no different, they impact the department's operational need on a daily basis, the department submitted the request in their priority, and asks the City to take a look at the department's priority rank and reconsider. COMMUNICATIONS FROM THE PUBLIC David Allen, Friendswood resident,addressed Council and stated the Fire Department does need the City's support,do not think enough about the things they do for the City. Mr.Allen provided Council with a handout and discussed global warming being a hoax. Visa is paying restaurants $10,000 to not use cash, a few ' years ago the fees at ATM machines were significantly increased,consumer decided for smaller transaction it was better to use cash, banks backed off the ATM fees, use.your cash it is your way to keep the banks under control. 09/11/17 4728 ACTION ITEMS **Councilmember Foreman moved to approve the ad valorem tax rate be $0.527349 as tax rate for Fiscal Year 2017-2018, and to place a proposal to adopt a rate on the October 2, 2017, City Council agenda and to schedule any required Public Hearings. Effectively is a 3.4% decrease in the tax rate. The tax rate is composed of maintenance and operations rate of$0.4323 and a debt service rate of$0.0950. Seconded by Councilmember Branson. The motion was approved unanimously. Discussion took place between Mayor and Council regarding that the proposed tax rate is the Effective Tad. Rate (ETR), the budget itself has the ability to be moderated over the next year, may have to be adjusted after Council's discussion and decision regarding items with the Friendswood Volunteer Fire Department, and the proposed budget will include a telecommunications tax on cell phones. **Councilmember Hill moved to approve the disposition of Bid No. 2017-02 for 2017 Concrete Street Maintenance Repairs and award to Tandem Services. Seconded by Councilmember Rockey. The motion was approved unanimously. **Councilmember Scott moved to not replace the Mandale Bridge. Seconded by Councilmember Gustafson. The motion failed 2-5 with Mayor Holland and Councilmembers Rockey, Branson, Hill, and Foreman opposed. Discussion took place between Mayor and Council regarding the pros and cons of replacing the Mandale Bridge or constructing turnarounds on each side of the bridge. ***Councilmember Rockey moved to approve an agreement with Gulf Coast Water Authority to replace the Mandale Bridge. ' Seconded by Councilmember Branson. The motion was approved 5-2 with Councilmembers Scott and Gustafson opposed. **Councilmember Rockey moved to approve an agreement with the City of Houston to purchase capacity for the Blackhawk Wastewater Treatment Plant. Seconded by Mayor Holland. The motion was approved unanimously. **Councilmember Foreman moved to approve the adoption of the Fiscal Year 2017-18 Annual Budget for the Friendswood Downtown Economic Development Corporation. Seconded by Councilmember Branson. The motion was approved unanimously. **Councilmember Hill moved to discuss possible action regarding the Galveston County 2017 Bond Election. Seconded by Councilmember Scott. No action was taken. Assistant City Manager Morad Kabiri stated a consensus was reached at the April Council meeting to submit a list of projects for possible inclusion in an upcoming Galveston County bond election. Staff has created a letter that resulted from that discussion listing $9 Million worth of projects for the City of Friendswood. The Galveston County Commissioners Court recently took action calling for an election ip May, but only allocated approximately$3.5 Million for the City of Friendswood. The county has offered an additional matching opportunity of up to $1 Million, should a local jurisdiction agree to supplement bond proceeds. Friendswood Lakes Boulevard is in excess of the allocation being offered, and in order to fund the roadway the City must take advantage of the matching opportunity and/or adjust the scope of the) project. Direction is needed from Council if additional funds are to be put forth, or the project adjusted. ' Discussion took place between Mayor, Council, and Staff regarding that Council is concerned that the amount of funding the county is going to offer to the City of Friendswood out of the bond is insufficient to build the Friendswood Lakes Boulevard project submitted to the county. Council feels that the City of Friendswood is a larger revenue source to the county than the percentage of funds they are going to offer I 09/11/17 4729 back for Friendswood's proposed projects. **Councilmember Branson moved to approve executing a lease-purchase contract with Motorola Solutions, Inc., in the amount of$500,000 for the purchase of 85 portable(handheld)radios and accessories, including a promotional trade-in incentive which is good until September 30, 2017. Seconded by Councilmember Foreman. The motion was approved unanimously. ORDINANCES **Councilmember Foreman moved to approve the Second and Final reading of Ordinance No. 2017-22 — An ordinance amending Appendix A of the Code of Ordinances of the City of Friendswood, Texas, being the City's Sign Ordinance, by amending various sections therein; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; and providing for severability. Seconded by Councilmember Branson. The motion was approved 6-1 with Councilmember Gustafson opposed. **Councilmember Hill moved to approve the Second and Final reading of Ordinance No. 2017-23 — An ordinance amending Appendix C—"Zoning," Section 8, "Supplementary District Regulations," Subsection A. "Visibility at Intersections in Residential Districts" and Subsection B, "Fences and Walls and Hedges" and Section 20, "Definitions", Subsection 1 I, "Fence'; providing a penalty for violation in an amount not to exceed$2,000,or as otherwise provided by law; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; and providing for severability. Seconded by Councilmember Rockey. The motion was approved 5-2 with Councilmembers Branson and Gustafson opposed. **Councilmember Foreman moved to approve the Second and Final reading of Ordinance No. 2017-24— ' An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Chapter 74 Taxation, "by adding Article IV, Section 74-53 repealing the application of the exemption from local sales and use taxes on receipts from the sale of telecommunication services within the City of Friendswood, Texas; providing a severability clause; and providing an effective date." Seconded by Councilmember Branson. The motion was approved 4-3 with Councilmembers Hill, Scott, and Gustafson opposed. **Councilmember Hill moved to approve the First reading of Ordinance No. T2017-29 — 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 0.183 acres of land, being the remainder of a called Reserve"D," Block 1, Park 518 Reserve"B" replat and addition recorded under Volume 2006A, page 189 of the map records of Galveston County, Texas; amending the zone classification from Community Shopping Center (CSC) to Community Shopping Center/Specific Use Permit (CSC/SUP) and granting a Specific Use Permit for NAICS Use No. 517"Telecommunications;" 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 6-1 with Councilmember Gustafson opposed. **Councilmember Scott moved to approve the First reading of Ordinance No. T2017-30 — 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 3.202 acres of land, being out 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, provided no curb cuts to Leisure Lane, and add a provision for no curb cuts to Leisure ' Lane. Seconded by Councilmember Hill. 09/11/17 4730 Councilmember Rockey asked if Council could hear input from citizens that are present at the meeting, and City Attorney Mary Kay Fischer answered that Council has the discretion if they choose to hear from citizens regarding the proposed ordinance. Jennifer Rollins, Friendswood resident, addressed Council and stated she has lived in Eagles Point Subdivision for 15 years, residents have met independently with Virgata Property Company to work out a compromise, and she believes the solution is problematic and that the developer continues to not follow through and keep their word. A copy of the traffic study that was promised in March has not been provided, in August residents were told the developer would try to mitigate some type of environmental barrier or green space, the latest rendering submitted shows a parking lot all the way to Leisure Lane, and there is no indication of a sidewalk for safe travel for pedestrians and non-motorized vehicles. She hopes that Council are men and women of integrity and that they understand that their predecessors on Council intentionally changed the zoning to Office Park District when they approved the development of adjacent neighborhoods. She asked Council to vote no for the proposed zone change request. Jenny Wiest, Friendswood resident, addressed Council and stated she is the Parent Teacher Organization (PTO) President for Friendswood Junior High and resident of Eagles Point Subdivision. Council is setting a precedent that a lot of citizens will be looking at, a vote on the proposed zone change will show how much Council values the foundation of the City of Friendswood and how the City will be developed going further. In 1970's, Council changed the zoning requirement for the proposed parcel of land when the neighborhood was developed, to protect residents from future commercial infiltration. She did research when she purchased her house to make sure her family would not be moving next to a mall or commercial areo. Originally, the developer requested to rezone eight acres, after the residents of the neighborhood filed a protest the developer backed out and changed the rezone request to four acres because they removed the pond, currently the rezone request is down to three acres, and the developer has shrunk the request past the 200 foot mark so that residents do.not have a chance to protest the request. Ms.Wiest asked Council to' protect the citizens.Elizabeth Yuting, Friendswood resident, addressed Council and stated she lives north of Clear Creek, and had three feet of flooding. The proposed zone change looks like a compromise but is not, traffic accidents are already an issue at FM 518 and FM 528, traffic accidents and crime will increase, requests that Council leave the zoning as Office Park District,,do not need more fast food restaurants, is just about money, and no benefit to the City. Can residents get a revised environmental impact study post storm? She stated she is concerned about the retention pond and green space being taken out, would increase the likelihood of flooding, and asked Council to vote against the proposed zone change request. Jim Peterson, partner of Virgata Property Company and applicant/property owner, addressed Council and stated Virgata Property Company was never under contract to buy Mr. Howard's detention pond. The intention was always for the detention pond to be transferred to a property owner's association who would manage it for the benefit of those three property owners, and ongoing negotiations with the development of the property owner's association has been shared with Council and the City. The intent of that property owner's association is to fulfill its obligation with respect to maintenance and the aeration system that ha's been requested, and this has been agreed upon by all parties. The compromise mentioned consists of not seeking a curb cut on Leisure Lane which will mitigate traffic and to leave the Office Park District buffer o� the corner. Discussion took place between Mayor Holland and Jim Peterson with Virgata Property Company regarding that Virgata Property Company had agreed to a letter of credit until the property owner's association was done and in cooperation as far as the maintenance goes, and that if the ordinance is approved Virgat,6 Property Company would provide a letter of credit to Council until the property owner's association agreement can be provided regarding the detention pond. Santos Venegas, Friendswood resident, addressed Council and thanked Council for their responses during Hurricane Harvey, would have been nice to have postponed this item for residents to be more prepared, the area has been zoned Office Park District for 35 years, would like current Council to respect past Council's wishes, is prime for business but not enough resources, and Council is elected not to create more 09/11/17 4731 problems but to keep them from happening. Councilmember Hill stated the Planning and Zoning Commission (P&Z) had a unanimous approval of the compromise. ***Councilmember Scott amended the main motion to include a letter of credit, aeration of detention pond, and Property Owner's Association agreement. Seconded by Councilmember Hill. The amended main motion was approved 6-1 with Councilmember Rockey opposed. **Councilmember Scott moved to approve the First and Final reading of Ordinance No. 2017-31 — 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 XIII" 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 Rockey. The motion was approved unanimously. The meeting was adjourned at 8:13 PM. Mayor Kevill 111611and Attest: •� FRIE/�O •. U s�•, Melinda Welsh, TRMC City Secretary :0 '.�j .• co ..'9TFOF