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City Council Meeting

Date: February 1, 2016
Time: 5:00 PM

 

AGENDA

STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
FEBRUARY 01, 2016 )(

NOTICE IS HEREBY GIVEN OF A FRIENDSWOOD CITY COUNCIL REGULAR MEETING TO BE HELD AT 5:00 PM ON MONDAY, FEBRUARY 01, 2016, 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 – Pastor Lynn Colby, Calvary Chapel 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 an update to the Building and Fire Codes
    B. Discussion with Progressive Waste Solutions
    C. Capital Projects Update

6. CLOSED EXECUTIVE SESSION – (Executive Conference Room/Adjacent to Council Chambers-City Hall)
   
A. Communications from the Public regarding Executive Session topics.
   
B. Council may convene into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.071 Consultation with Attorney regarding contemplated litigation arising from settlement of legal action. (Wight Realty Interests, Ltd. v. City of Friendswood) and Section 551.072 Deliberation regarding real property. (Parkland development; legal advice only regarding potential development of real property located within the City of Friendswood)

7. RECONVENE INTO OPEN SESSION

8. Special Recognition and Acknowledgements
   
A. Special Presentation of the Five Star Spirit Award for the Fourth Quarter of 2015 to Jason Ives, Friendswood Police Department

9. Joint Public Hearings

To receive comments from the public, both oral and written, regarding:

A. Tract 1: Zone classification change request for Lot 1 of Morningside Office Park, property located on 312 Morningside Dr., Friendswood, Galveston County, Texas, to change from Light Industrial (LI) to Office Park District (OPD).
    
Tract 2: Zone classification change request for Lot 2 of Morningside Office Park, property located on 121 Magnolia St., Friendswood, Galveston County, Texas, to change from Light Industrial (LI) to Office Park District (OPD).

B. Amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to Section 7.P.6, Permitted Use Table, to change NAICS Use #441 Gasoline Stations, NAICS Use #493 Warehousing and Storage, NAICS Use #532 Rental and Leasing Services, and NAICS Use #8111 Automotive Repair and Maintenance and NAICS Use #81112 Automotive Body, Paint, Interior and Glass Repair to "Not Permitted" in the Downtown District (DD).

10. 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)

11. Communications from Committees and Special Reports 
     A. Annual Report from Animal Shelter Advisory Committee Chair Dr. Donald Stran

12. City Manager’s Report
     
A. Keep Friendswood Beautiful Tree Giveaway Results
     
B. Friendswood Ranks as one of America’s Safest Cities
     
C. Standard & Poor’s Affirms City’s Credit Rating ?

13. Discussion and possible action regarding approving to enter into a cost sharing agreement with participants of the Southeast Water Purification Plant for the preliminary design for replacement of the existing 42" water main jointly serving the City of Friendswood, and authorizing the Mayor to execute the agreement.

14. Discussion and possible action regarding approving the award of a guaranteed maximum price contract for construction services for Fire Station No. 1 and renovations of Fire Station No. 4.

15. Discussion and possible action regarding approving the award of a professional services contract for engineering services for Lift Station No. 23 and authorizing the Mayor to execute the contract.

16. Discussion and possible action regarding approval of a Public Right-of-Way Use and Indemnity Agreement with Benzi Development Company, LLC, for access and utility improvements to serve a 10 acre tract known as Division D, Lot 63, of the Perry and Austin League (Hoidale and Coffman Subdivision).

17. Ordinances

Consideration and possible action regarding the following:

     A. Ordinance No. T2016-01: (Title: Second and Final reading of an ordinance changing the prior zoning classification of a tract of land consisting of approximately .981 acres, also known as Lots 1, 2 and 3 in Winding Hollow Subdivision, being a replat of a part of Lot 1, Block 6, Friendswood Subdivision, in the Sarah McKissick or J.R. Williams League, according to the map of record in Volume 238, Page 14, in the office of the County Clerk of Galveston County, Texas, from Planned Unit Development (PUD)/Specific Use Permits, as referenced in prior Ordinance No’s. 2000-38, 2005-37, 2011-11 and 2013-41, to a new Planned Unit Development (PUD), as more fully described herein) An ordinance amending Appendix "C" "Zoning", of the Code of Ordinances of the City of Friendswood, Texas, by amending the Zoning Classification for the property generally located at 103, 105 and 107 Shadwell Lane, a tract of land consisting of approximately .981 acres, also known as Lots 1, 2 and 3 in Winding Hollow Subdivision, being a replat of a part of Lot 1, Block 6, Friendswood Subdivision, in the Sarah McKissick or J.R. Williams League, more fully described in Exhibit "A", incorporated by reference, from the prior designation of Planned Unit Development (PUD)/Specific Use Permits, as referenced in prior Ordinance No’s. 2000-38, 2005-37, 2011-11 and 2013-41, to a new Planned Unit Development (PUD), pursuant to the attached site 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 day of violation of any provision hereof; and providing for severability.

     B. Ordinance No. T2016-02: (Title: First reading of an ordinance amending the zoning classification for a tract or parcel containing 0.8451 acres out of Lot 4, Block 2 of Sherman Place, a subdivision plat of record at Volume 69, page 231 of the deed records of Harris County, Texas, by granting a zone classification change from Community Shopping Center (CSC) to Community Shopping Center/Specific Use Permit (CSC/SUP) for NAICS Use #522298 "All Other Non-Depository Credit Intermediation [pawn shop]," as more fully described herein) 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 0.8451 acres out of Lot 4, Block 2 of Sherman Place, a subdivision plat of record at Volume 69, Page 231 of the deed records of Harris 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 #522298 "All Other Non-depository Credit Intermediation (pawn shop); 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.

     C. Ordinance No. T2016-04: (Title: First and Final reading ordering a Sales and Use Tax Election to be held on May 07, 2016) An ordinance of the City Council of Friendswood calling for the holding of a Special Election on May 07, 2016, for the purpose of authorizing a local sales and use tax at the rate of one-half of one percent for maintenance and repair of municipal streets; and making other provisions related to the subject.

     D. Ordinance No. T2016-05: (Title: First and Final reading ordering a Sales and Use Tax Election to be held on May 07, 2016) An ordinance of the City Council of Friendswood calling for the holding of a Special Election on May 07, 2016, for the purpose of authorizing a local sales and use tax at the rate of three-eighths of one percent for maintenance and repair of municipal streets; and making other provisions related to the subject.

     E. Ordinance No. T2016-09: (Title: First and Final reading ordering an Economic Development Sales and Use Tax Election to be held on May 07, 2016) An ordinance of the City Council of Friendswood calling for the holding of a Special Election on May 07, 2016, for the purpose of authorizing a Local Economic Development Sales and Use Tax at the rate of one-eighth of one percent pursuant to Chapter 505, Texas Local Government Code; and making other provisions related to the subject.

     F. Ordinance No. T2016-10: (Title: First reading of an ordinance adopting revisions and updates to Appendix C "Zoning," Permitted Use Table, providing for the change of NAICS Use #447, NAICS Use #493, NAICS Use #532, NAICS Use #8111 and NAICS Use #81112 from either Permitted (P) or requiring a Special Use Permit (S) to Not Permitted (Blank) in the Downtown District (DD) as referenced in Exhibit "A") An ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix C – "Zoning," Section 7, "Schedule of District Regulations," Subsection 7.p.6, "Permitted Use Table," by providing for the adoption of amendments to the city’s zoning ordinance, changing the following NAICS Uses from either Permitted (P) or requiring a Special Use Permit (S) to Not Permitted (blank) within the "Downtown District" (DD) zone: NAICS Use #447 "Gasoline Stations," NAICS Use #493 "Warehousing and Storage," NAICS Use #532 "Rental and Leasing Services," NAICS Use #8111 "Automotive Repair and Maintenance" and NAICS Use #81112 "Automotive Body, Paint, Interior and Glass Repair;" 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.

     G. Ordinance No. T2016-11: (Title: First reading of an ordinance rezoning two tracts of land consisting of approximately 1.0299 acres of land (44,863 square feet) described as Lots 1 and 2 of Morningside Office Park, a subdivision of land out of Lot 9, Block 2, Friendswood Subdivision, Abstract No. 151, Galveston County, Texas, located at 312 Morningside Dr. and 121 Magnolia St., Friendswood, Texas, (as more fully described herein), from Light Industrial (LI) to Office Park District (OPD)) An ordinance amending Appendix "C" "Zoning", of the Code of Ordinances of the City of Friendswood, Texas, by amending the zoning classification for two tracts of land containing 1.0299 acres described as Lots 1 and 2 of Morningside Office Park, a subdivision plat of record at page 115b of the plat records of the Clerk of Galveston County, Texas, located at 312 Morningside Drive and 121 Magnolia Street, Friendswood, Texas; amending the Zone Classification from Light Industrial (LI) to Office Park District (OPD), 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 day of violation of any provision hereof; and providing for severability.

     H. Ordinance No. T2016-12: (Title: First reading of an Ordinance amending Appendix D of the Code of Ordinances of the City of Friendswood) An ordinance of the City of Friendswood, Texas, City Council, amending Appendix D of the Friendswood City Code to establish the rates to be charged by the City for water and sewer utility services.

     I. Ordinance No. T2016-13: (Title: First and Final reading of an ordinance authorizing the issuance and sale of City of Friendswood, Texas, General Obligation Bonds) Consider and take action on an ordinance authorizing the issuance and sale of the City’s General Obligation Permanent Improvement and Refunding Bonds, Series 2016; approving the official statement, paying agent/registrar agreement and escrow agreement and engaging bond counsel; calling certain outstanding bonds for redemption prior to maturity; providing for the pledge of tax receipts for the payment of the Bonds, and agreeing to levy taxes to pay the Bonds; and enacting other provisions relating to the issuance and sale of the Bonds.

     J. Ordinance No. T2016-14: (Title: First and Final reading of an ordinance authorizing the issuance and sale of City of Friendswood, Texas Waterworks and Sewer System Revenue Bonds, Series 2016) Consider and take action on an ordinance authorizing the issuance and sale of the City’s Waterworks and Sewer System Revenue Bonds, Series 2016; approving the official statement, paying agent/registrar agreement and engaging bond counsel; providing for the pledge of the net revenues of the waterworks and sewer system to secure the payment of the Bonds, and agreeing to set utility rates to pay the Bonds; and enacting other provisions relating to the issuance and sale of the Bonds.

     K. Ordinance No. T2016-15: (Title: First and Final reading of an ordinance adopting Budget Amendment IV to the Original General Budget of the City for Fiscal Year 2015-2016 to provide for supplemental appropriation and/or transfer of certain funds) An ordinance amending City of Friendswood, Texas, Ordinance No. 2015-27, passed and approved October 5, 2015, same being an ordinance approving and adopting the city’s General Budget for Fiscal Year 2015-2016 by approving "Budget Amendment IV" to the "Original General Budget of the City of Friendswood, Texas, for the Fiscal Year 2015-2016"; providing for supplemental appropriation and/or transfer of certain funds; providing for severability; and providing other matters related to the subject.

18. Communications from the Mayor and Councilmembers

19. Consent Agenda

Consideration and possible action regarding the following:

     A. Authorizing the acceptance of paving and infrastructure improvements, into the one-year maintenance period, for Sierra at West Ranch Section 2
    
B. Authorizing the acceptance of paving and infrastructure improvements, into the one-year maintenance period, for West Boulevard Phase 4
    
C. Accepting the December 2015 Property Tax Report

20. Adjournment

This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive service must be made two (2) business days or more 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 JANUARY 28, 2016, AT 5:55 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.