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City Council Meeting

Date: April 3, 2017
Time: 4:30 PM

 

 

AGENDA

STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
APRIL 03, 2017 )(

NOTICE IS HEREBY GIVEN OF A FRIENDSWOOD CITY COUNCIL REGULAR MEETING TO BE HELD AT 4:30 PM ON MONDAY, APRIL 03, 2017, AT FRIENDSWOOD CITY HALL, COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW:

4:30 PM – REGULAR MEETING

1. Call to order

2. Invocation – Pastor David Bridges, Friendswood Friends 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. Capital Projects Update
   
B. Discussion regarding the purchase of wastewater treatment capacity within the Blackhawk Wastewater Treatment Plant

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 pending litigation (Robert J. Bertrand, et al v. City of Friendswood) and 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), and Section 551.071 – Consultation with City Attorney to receive legal advice regarding advocacy for or against pending legislation. (Senate Bill 1201)

7. RECONVENE INTO OPEN SESSION

8. Joint Public Hearings

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 W. 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.

     B. 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.

     C. 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 Ave., Friendswood, Galveston County, Texas, to change from Single Family Residential (SFR) to Downtown District (DD). The existing Specific Use Permit (SUP) for NAICS Use #8131 Religious Organizations would remain.

     D. 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).

9. 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)

10. Communications from Committees and Special Reports

     A. Annual Report from the Planning and Zoning Commission Chair Craig Lovell

11. City Manager’s Report

     A. Area Clean Up Events
    
B. Chamber of Commerce Auto and Bike Show 
     C. Library Week
    
D. Youth Fishing Derby

12. Discussion and possible action regarding project list for possible County Bond Election.

13. Resolutions

Consideration and possible action regarding the following:

     A. 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.

     B. 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.

14. Ordinances

Consideration and possible action regarding the following:

     A. Ordinance No. T2017-08: (Title: First reading of an ordinance amending Ordinance No. 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 #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 attached Exhibit "B", but otherwise subject to the prior regulations, restrictions, and conditions of Ordinance No. 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 No. 84-16 creating PUD #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 #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. (Previously tabled 3/6/17)

     B. Ordinance No. T2017-09: (Title: Second and Final reading of an ordinance amending Sec. 86-75 of the Code of Ordinances pertaining to minimum standards of a required customer service inspection for potable water service connections) 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.

     C. Ordinance No. T2017-11: (Title: First reading of an ordinance approving a vacation of a public right-of-way) 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 W. 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.

     D. Ordinance No. T2017-12: (Title: First reading of an ordinance changing the prior zoning classification of a tract of land consisting of 4.6212 acres from Business Park (BP) and Single Family Residential (SFR) to Planned Unit Development (PUD), property to be known as The Pond, as more fully described herein) 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 (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 reference, 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 day of violation of any provision hereof; and providing for severability.

     E. Ordinance No. T2017-13: (Title: First reading of an ordinance amending the zoning classification for a tract or parcel containing 8.358 acres located at FM 518 and Leisure Lane, also known as Reserves E and F in the Howard Subdivision (to be recorded), Friendswood, Texas, by granting a zone classification change from Office Park District (OPD) to Community Shopping Center (CSC), 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 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.

     F. Ordinance No. T2017-14: (Title: First reading of an ordinance amending the zoning classification for a tract or parcel containing 1.8475 acres located at 104 Whispering Pines Avenue, Friendswood, Texas, by granting a zone classification change from Single-Family Residential (SFR) to Downtown District (DD), 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 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.

     G. Ordinance No. T2017-15: (Title: First and Final reading of an ordinance adopting Budget Amendment VII to the Original General Budget of the City for Fiscal Year 2016-2017 to provide for supplemental appropriation and/or transfer of certain funds) 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; providing for severability; and providing other matters related to the subject.

15. Communications from the Mayor and Councilmembers

16. Consent Agenda

Consideration and possible action regarding the following:

     A. Approving an appointment to the Planning and Zoning Commission to fill an unexpired term
    
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 Department 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

17. 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 551.074: Personnel Matters; to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. (Evaluation of the City Secretary)

18. RECONVENE INTO OPEN SESSION

19. Consideration and possible action regarding the annual review of the City Secretary

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 MARCH 30, 2017, AT 4:00 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.