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11-04-13 City Council Meeting

Date: November 4, 2013

 

 

AGENDA

STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
NOVEMBER 04, 2013 )(

NOTICE IS HEREBY GIVEN OF A FRIENDSWOOD CITY COUNCIL REGULAR MEETING TO BE HELD AT 5:00 PM ON MONDAY, NOVEMBER 04, 2013, AT FRIENDSWOOD CITY HALL, COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW:

5:00 PM – REGULAR MEETING

1. Call to order

2. Invocation – Father Geoffrey Gwynne, Good Shepherd Episcopal Church

3. Pledge of Allegiance – United States and Texas (HONOR THE TEXAS FLAG; I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE)

4. Communications from the Public
(To comply with provisions of the Open Meetings Act, the City Council may not deliberate on items discussed under this agenda item. The Council may refer this item to the City Manager or direct this item to be placed on the next regular Council agenda. PowerPoint presentations are not conducted during the citizen comment period)

5. WORK SESSION
    A. Discussion regarding a request for a fifth bond issuance from West Ranch Management District
    B. Discussion regarding an update to the City’s User Fee Schedule  
    C. Discussion with DR Horton regarding the phasing plan for the Georgetown residential development

6. Discussion and possible action regarding suspending Rule 16 of the Council Rules of Procedure to rearrange the order of business as follows:
    A. Annual report from Friendswood Historical Society President Ann Whitaker
    B. Discussion and possible action regarding approval of a contract with Friendswood Historical Society in the amount of $15,000 for the maintenance and preservation of historical sites in the City and authorizing the Mayor to execute the contract.
    C. Resolution R2013-18: A resolution of the City Council of the City of Friendswood, Texas, naming Joycina Baker the Official Historian of Friendswood, extending the City’s appreciation for her service and devotion to the community.

7. JOINT PUBLIC HEARINGS
To receive comments from the public, both oral and written, regarding:
    A. Vacate .109 acre (4,752 Square feet), 8 feet of a 16-foot utility easement located at 402, 404, 406, 408, 410, and 412 Fallow Lane being out of and a part of Lots 1, 2, 3, 4, 5 and 6, Block 1, Corrected Plat of The Orchard, Friendswood, Galveston County, Texas.

    B. Amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to Section 7.P.2, Permitted Use Table, to amend NAICS Use #6244 regarding Child Care Services. 
 

    C. Amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances regarding amendments to Section 20. Definitions to amend G. Child Care Center, to add definitions of Registered and Licensed Child Care Homes, and to amend P. Home Occupation.

8. Communications from the Public
(To comply with provisions of the Open Meetings Act, the City Council may not deliberate on items discussed under this agenda item. The Council may refer this item to the City Manager or direct this item to be placed on the next regular Council agenda. PowerPoint presentations are not conducted during the citizen comment period)

9. Communications from Committees and Special Reports
   
A. Annual report from Friendswood Chamber of Commerce Chairman Bill Provenzano

10. City Manager’s Report 
     A. Senior Program’s Veteran’s Day Event
     B. Holiday Hustle 5K Fun Run/Walk/Kid’s K
     C. Completion of the Redundant Fiber Loop
     D. Friends Church Members Clean Up Park

11. Discussion and possible action regarding approving a contract with the Friendswood Chamber of Commerce in the amount of $20,000 for economic development services and authorizing the Mayor to execute the contract.

12. Discussion and possible action regarding approving an agreement with Water Resources Management, LLC, for a Utility Rate Study.

13. Discussion and possible action regarding accepting or rejecting a negative recommendation from the Planning and Zoning Commission regarding a zone change request for 135.778 acres at 3801 FM 528 (Whitcomb Property). (No action taken on 10/7)

14. Discussion and possible action regarding hosting the Galveston County Mayors’ and Councilmembers’ Association monthly meeting for July 2014.

15. Resolutions
     
Consideration and possible action regarding the following:
     
A. Resolution R2013-19: A resolution of the City Council of the City of Friendswood, Texas, approving the fifth bond issuance of the West Ranch Management District, for the proposed amount of $1,270,000. (No action taken on 10/7)

      B. Resolution R2013-20: A resolution of the City Council of the City of Friendswood, Texas, Galveston/Harris Counties casting 130 votes for electing person(s) to the Galveston Central Appraisal District Board of Directors for 2014-2015.

      C. Resolution R2013-21: A resolution of the City Council of the City of Friendswood, Texas, Galveston/Harris Counties casting its ballot for the election of a person to the Board of Directors of the Harris County Appraisal District for 2014-2015.

      D. Resolution R2013-22: A resolution of the City Council of the City of Friendswood, Texas, determining that land is needed for the construction, operation, and maintenance of Lift Station #3; accepting the dedication of said land from Kenneth and Lesley Branham, property owners.

16. Ordinances
      Consideration and possible action regarding the following:
      A. Ordinance No. T2013-36: (Title: Second and Final reading of an ordinance adopting revisions to Appendix C "Zoning," Section 8, "Supplementary District Regulations," Subsection M. "Commercial Activities and Outdoor Sales," Subpart 2 "Outdoor Sales" by adding a new Subparagraph K. "Farmers Markets" with associated definition and regulations for such use) An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C – "Zoning," Section 8, "Supplementary District Regulations," Subsection M., "Commercial Activities and Outdoor Sales," Subpart 2 "Outdoor Sales," to allow for Farmers Markets, by adding a new Subparagraph K. "Farmers Markets," defining and regulating such use; providing a penalty for violation in an amount not to exceed $2000, or as otherwise provided by law; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; and providing for severability.

     B. Ordinance No. T2013-39: (Title: Second and Final reading of an ordinance amending Ordinance 84-16 Planned Unit Development – Specific Use Permit (PUD-SUP), for 400 East Parkwood Avenue, Friendswood, Galveston County, Texas, being more specifically described in Exhibit "A", located in the "Community Overlay District" (COD), to clarify and approve permitted use as NAICS #6233, "Community Care Facilities" 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 2-story building for 20 new assisted living units, alternative exterior façade materials, the alteration of an existing building by removing 16 independent living quarters and converting the interior for 5 assisted living units and 14 Alzheimer’s care units, providing for setback requirements and related amendments for such purposes as depicted in attached Exhibit "B", but otherwise subject to the prior regulations, restrictions, and conditions of Ordinance 84-16 and specific conditions herein) 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 84-16 Creating PUD #1 for 400 East Parkwood Avenue, Friendswood Retirement Living Center, A 13.3288 Acre Tract of land out of Lots 3 thru 6, Block 8 of the Antoinette Voss Subdivision as recorded in Volume 254-A, Page 9 of Galveston County Clerk’s Records, and also being a portion of the replat of "The Park" as recorded in Plat Book 17, Maps 85-86, Galveston County plat records, located in the Sarah McKissick League Survey Abstract 151, Friendswood, 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 #6233 "Community Care facilities" 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 2-story building for 20 new assisted living units, alternative exterior facade materials, alteration of an existing building by removing 16 independent living quarters, converting the interior for 5 assisted living units and 14 Alzheimer’s care units, 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 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. (Amended 10-07-13 on First Reading)

     C. Ordinance T2013-41: (Title: Second and Final reading of an ordinance changing the zoning classification of a .333 acre tract of land located at 107 Shadwell Lane, as more specifically described hereafter, by granting to property owner an additional Specific Use Permit (PUD-SUP) amendment to allow for NAICS Use #812112 "Beauty Salons," in addition to the uses and any applicable conditions or regulations contained in prior Ordinance 2011-11 for the subject property, correcting prior Ordinances 99-26 and 2000-38 relating thereto, and clarifying prior ordinances in relation to the property located at the subject address) An ordinance amending Appendix C of the Code of Ordinances of the City of Friendswood, Texas, being the Zoning Ordinance of the City, by amending the zoning classification of a .333 acre tract of land, located at 107 Shadwell Lane , Lot 1, Block 1 of Winding Hollow , according to the map or plat thereof recorded in Plat Record 18, Map Number 1062 in the Map Records of Galveston County, Friendswood, Texas, providing for the granting of an amendment to the Specific Use Permit (PUD-SUP) approved by Ordinance 2011-11 on May 5, 2011, to allow for NAICS Use #812112 "Beauty Salons," in addition to the uses and any applicable conditions or regulations contained in prior Ordinance 2011-11 for the subject property; correcting prior Ordinances 99-26 and 2000-38 clarifying prior ordinances in relation to the property located at the subject address; 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.

     D. Ordinance T2013-42: (Title: First and Final reading of an ordinance adopting Budget Amendment I to the Original General Budget of the City for Fiscal Year 2013-2014 to provide for supplemental appropriation and/or transfer of certain funds) An ordinance amending City of Friendswood, Texas, Ordinance No. 2013-37, passed and approved October 7, 2013, same being an ordinance approving and adopting the City’s General Budget for Fiscal Year 2013-2014 by approving "Budget Amendment I" to the "Original General Budget of the City of Friendswood, Texas, for the Fiscal Year 2013-2014"; providing for supplemental appropriation and/or transfer of certain funds; providing for severability; and providing other matters related to the subject.

     E. Ordinance T2013-43: (Title: First reading of an ordinance amending Section 2-40, Section 14-2, Section 86-1, Section 86-2, Appendix B, Appendix C and Appendix D of the Code of Ordinances of the City of Friendswood) An ordinance amending Section 2-40, Section 14-2, Section 86-1, Section 86-2, Appendix B, Appendix C and Appendix D of the Code of Ordinances of the City of Friendswood, Texas by providing for the addition or adjustment of zoning administration fees, buildings and building regulations fees, businesses permit fees, utility service security deposits and utility service fees.

     F. Ordinance T2013-44: (Title: First reading of an ordinance approving a partial vacation of a public right-of-way) An ordinance approving a partial vacation of a public right-of-way situated on property located at 402, 404, 406, 408, 410 and 412 Fallow Lane, Friendswood, Texas; authorizing the Mayor to execute and the City Secretary to attest a Quitclaim Deed by and between the City and Robert Salinas, Robert M. & Mary L. Ellis, Gary E. & Lynda L. Harris, Lesli Schiller & Dwayne Driskill, Gregory B. & Barbara A. Curnutt, and Clarence V. & Candice L. Schubert.

     G. Ordinance T2013-45: (Title: First reading of an ordinance amending Appendix C "Zoning," Section 20. – "Definitions," paragraph G, "Child care center," by revising such definition and adding new definitions in subparagraph G.1, "Registered child care home" and G.2, "Licensed child care home"; revising paragraph P, "Home Occupations" to correspond with such revisions; and revising Section 7, "Schedule of District Regulations," paragraph P.2. "Permitted Use Table" for such uses as referenced in Exhibit "A") An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C – "Zoning," Section 20. "Definitions," paragraph G. "Child Care Center," by revising such definition and adding new related definitions in subparagraph G.1., "Registered Child Care Home" and subparagraph G.2., "Licensed Child Care Home"; revising paragraph P., "Home Occupation" to correspond with such revisions; revising Section 7, "Schedule of District Regulations," paragraph P.2., "Permitted Use Table," NAICS Use #6244, "Child Care Center," as a use by right ("P") within districts "CSC", "NC", "lNC" and "DD", with office use only ("O") in "OPD", removing such use in all "MFR" and "MHR" districts, allowing "Registered or Licensed Child Care Homes" as a use by right ("P") in "SFR" "SFR-E" and MFR-GHD districts only; providing a penalty for violation in an amount not to exceed $2000, or as otherwise provided by law; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; and providing for severability.

17. Communications from the Mayor and Councilmembers?

18. Consent Agenda
     
Consideration and possible action regarding the following:

      A. Authorizing acceptance of the 2012-2013 Street Maintenance Program for the contractor’s one-year maintenance period

      B. Authorizing Council to invoke Rule 1(A) of the Rules of Procedure to schedule a second regular meeting in November for Monday, November 18, 2013, at 6 p.m., for the purpose of canvassing the votes of the Special Bond Election held November 5, 2013

      C. Approving ratifying and confirming the Mayor’s signature on a new sub-lease request from American Tower for the Public Safety Building Communications Tower

      D. Approving a banner permit application for the City of Friendswood Community Services Department to advertise the Santa in the Park event "Home for the Holidays with Hometown Bank", from Monday, December 2 through Monday, December 16, 2013

      E. Approving excusing the absence of Councilmember Pat McGinnis from the November 4, 2013, Council Meeting

      F. Accepting the September 2013 Property Tax Report

      G. Approving the Minutes of September 9, 2013, Council Meeting

19. Adjournment

This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive service must be made 48 hours prior to this meeting. Please contact the City Secretary's Office at (281) 996-3270 for further information.

I, MELINDA WELSH, CITY SECRETARY OF THE CITY OF FRIENDSWOOD DO HEREBY CERTIFY THAT THE ABOVE NOTICE OF MEETING OF THE FRIENDSWOOD CITY COUNCIL WAS POSTED IN A PLACE CONVENIENT TO THE GENERAL PUBLIC IN COMPLIANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE, ON OCTOBER 31, 2013, AT 4:30 PM.

______________________
MELINDA WELSH, TRMC
CITY SECRETARY

**All meetings of City Council are open to the public, except when there is a necessity to meet in an Executive Session (closed to the public) under the provisions of Section 551, Texas Government Code. The City Council reserves the right to convene into Executive Session to hear any of the above described agenda items that qualify for an executive session by publicly announcing the applicable section number of the Open Meetings Act.