12/05/ KEVIN HOLLAND. The invocation was given by Pastor Ralph Hobratschk with Hope Lutheran Church.

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1 12/05/ STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( DECEMBER 05, 2016 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, DECEMBER 05, 2016, AT 5:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR MAYOR PRO-TEM CITY ATTORNEY CITY MANAGER CITY SECRETARY KEVIN HOLLAND JIM HILL STEVE ROCKEY BILLY ENOCHS MIKE FOREMAN JOHN SCOTT CARL GUSTAFSON ARNOLD POLANCO ROGER ROECKER MELINDA WELSH REGULAR SESSION Mayor Holland called the meeting to order. The invocation was given by Pastor Ralph Hobratschk with Hope Lutheran Church. Mayor Holland led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Lance Foss, Pearland resident, addressed Council and reported the City s website was down over the weekend and is still currently down. He further stated that three days after he filed a complaint with the Friendswood Police Department, a Friendswood Police Officer shot and killed a 55 year-old man that stole a beer. The automatic threats and escalations made the person shot feel the same animal reaction that perhaps the police officer claims to have felt. His complaint to the Police Department involved an incident on November 05, 2016, at 1776 Park, a response regarding his complaint was received from the Police Chief on November 30, In the response letter the patrolman was not mentioned, the letter stated all policies and procedures were followed after the tape was viewed, and Mr. Foss stated he does not agree with that statement. An uncomfortable, insecure, overreaching patrolman came to his car in a wide-open park, and that is not the frame of mind policemen should be in. City Manager Roger Roecker stated he objected to the comments made by Mr. Foss and the comments made were extremely inappropriate. Mayor Holland stated he agreed with the City Manager and directed Mr. Foss if he would like to speak again during Communications from the Public at 7:00 PM to please restrain himself. City Attorney Arnold Polanco advised Council to refrain from any dialogue. WORK SESSION Mayor Holland opened the discussion regarding Council Chamber technology upgrades. Communications Specialist Jeff Newpher presented a PowerPoint presentation regarding Council Chamber technology. The current audio and video equipment has been in place for over 14 years, has been added onto incrementally over the past 14 years. The technology system in Council Chambers has

2 12/05/ been incrementally built to go from Standard Definition (SD) to High Definition (HD) and then back to SD, and numerous experts have stated that this conversion is the cause of the intermittent blinking that occurs on the screens. The current system has four cameras that are SD, at least 12 years old, and have outlived their projected life span. Camera No. 2 has begun to intermittently fail, and the computer software that controls the cameras, adds the graphics, and records the meetings are no longer supported by the software developer. The number of visual presentations that are shown in a Council meeting has steadily increased over the years, and that has put a strain on the City Secretary and the equivalent person during a Planning and Zoning Commission meeting. Staff recommended to use a single vendor, experienced with local governments, to design and replace the current SD equipment with HD cameras, production switcher and recorder, add audio digital signal processor, add a presentation computer to the media booth, enable City Hall atrium television (TV) and other City Hall TV s to show live Council meeting broadcasts. Staff has contacted numerous vendors that participate in the BuyBoard process, vendors were invited to submit proposals, and two vendors have responded with different cost solutions. One vendor is proposing a more hardware-based solution, and the other is proposing a more software based solution. Staff will review detailed proposals from each vendor once they are received later in the week, and each proposal will be evaluated and scored for price, value, and reliability. There is adequate funding available for the technology upgrades in the Public, Educational or Governmental (PEG) funds. Staff needs direction from Council on whether to bring this item back before Council in the form of an action item and a budget amendment at a future meeting. Further discussion took place between Mayor, Council, and Staff regarding the consensus of Council was for Staff to bring this item back to Council as an action item and budget amendment at a future Council meeting. Mayor Holland opened discussion regarding an update on Capital Projects. Director of Public Works/City Engineer Patrick Donart presented a PowerPoint presentation regarding the progress made on Capital Projects since the November Council meeting. He reported on the completion of the library expansion project, Fire Station No. 4 expansion and the new fire station headquarters, Sportspark improvement projects, Centennial Park improvements, Lake Friendswood project, Old City Park, Round 1 Street Improvement project, reconstruction of Water Plant No. 2 and 7, Lift Station No. 3, 18, and 23, Blackhawk Boulevard Phase II and Woodlawn Drive, and the Blackhawk Wastewater Treatment Plant. Further discussion took place between Mayor, Council, and Staff regarding the consensus of Council was to do a soft opening of Lake Friendswood and rules for the park need to be established. With concurrence of Council, Mayor Holland moved to Agenda Item 12, City Manager s Report. CITY MANAGER'S REPORT City Manager Roger Roecker reported that the Keep Friendswood Beautiful (KFB) Annual Fall Haul-A- Day was a huge success. A record attendance of 744 residents attended the cleanup event. Waste Connections reported to have hauled away tons of compacted debris, tons of loose debris, and 4.48 tons of metal box waste. Tri-Star Document Shredding, sponsored by JSC Federal Credit Union, destroyed 8,000 pounds of paper. The garage sale was also a success bringing in $705 with all proceeds benefiting the beautification of City facilities and parks. The Bay Area Wildlife Rehab picked up animal habitat items that were donated to benefit the injured wild animals that make their home in Friendswood's green space. The City Manager reported that the expanded and renovated Friendswood Library will host a day filled with fun events for the family on December 10, The Library Book Sale will open to the public at noon. All are invited to come to the book sale and then stay for the Friendswood Library Open House Celebration. The Open House Celebration will begin at 1:00 PM with a ribbon-cutting ceremony, followed by music and refreshments. Library Staff will be available to provide tours and answer questions about the facility and services available. There will be partner tables, including Friendswood Historical Society, Friendswood Heritage Gardeners, Friendswood Fine Arts, Art Dwellers, Friends of Downtown Friendswood, and Friendswood Independent School District Community Education. Also, view the Art

3 12/05/ Chair Project, sponsored by Friendswood Library and created by the Friendswood High School Art Department, Art Dwellers, and Friendswood Fine Arts. The book and reading-themed art chairs will line the hallway into the library s new children s department. There will also be an art exhibit by acclaimed local artist Ruby Allen that will be on view in the renovated Community Room. The library will be open until 7:00 PM to provide refreshments and indoor viewing of the Annual Lighted Christmas Parade on Friendswood Drive. The City Manager reported on the upcoming Community Holiday Events. Friendswood will be very busy throughout the rest of the year with a number of upcoming special events. Keep Friendswood Beautiful will host the 2 nd Annual Downtown Holiday Lighting Contest, businesses are encouraged to decorate for the holidays with lights and décor so everyone can enjoy the festive look of downtown before and after the night of the parade and Santa in the Park. Judging began on December 2, 2016, and will end on December 6, 2016, with the winner being announced during the evening program at Santa in the Park. Another exciting event is the 9 th Annual Santa in the Park There s no place like home for the holidays sponsored by HomeTown Bank of Friendswood on December 10, There will be live musical entertainment, photos with Santa and Mrs. Claus, a snow hill slide, carnival rides, a petting zoo, and a Holiday Market. Following the lighting of the Christmas tree, see a spectacular fireworks display synchronized to Christmas music. Admission to the park and live entertainment is free. However, a wristband is required for the amusement rides, snow hill slide, petting zoo, photo booth, train rides and face painting. A special discounted wristband presale will take place during normal business hours, November 28, 2016, through December 9, 2016, at Friendswood City Hall. Donate a new, unwrapped toy to the Friendswood Police Officers Association s Blue Santa and receive a $5 discount. On the day of the event, wristbands will be available for $10 each. The event will be held at Stevenson Park and is presented by Keep Friendswood Beautiful and the City of Friendswood. Another event is the City of Friendswood and Friendswood Fine Art Institute s (FFAI) 5 th Annual Deck the House Holiday Lighting Contest. Homes may enter by visiting the FFAI website at and submitting an official entry form online, with an entry deadline of December 7, There is no cost for participation and the contest is open to all homes located in the City of Friendswood. Five finalists will be selected from all participants and online voting will begin December 14, 2016 and go through December 21, The winner will be announced December 23, With concurrence of Council, Mayor Holland moved to Agenda Item 19, 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 to schedule the January City Council meeting for January 9, B. Authorizing the final acceptance of Water Plant No. 7 project into the contractor s one-year maintenance period. C. Acceptance of Paving and Utilities improvements at completion of oneyear maintenance period of the Austin Chase Section 1 at West Ranch. D. Approving amendments to the agreement with Friendswood Independent School District for fuel sharing. E. Approving the financing and purchasing of radios for the Friendswood Volunteer Fire Department. F. Accepting the October 2016 Property Tax Report. G. Approving the minutes of the November 7, 2016, Council Meeting. Seconded by Councilmember Hill. The motion was approved unanimously. With concurrence of Council, Mayor Holland moved to Agenda Item 18, Communications from the Mayor and Councilmembers. COMMUNICATIONS FROM THE MAYOR AND S Mayor Holland stated there is an ongoing investigation into the officer involved shooting. When thoroughly vetted the information will be made available to the public, and there are three different agencies looking into the incident. Councilmember Scott stated he would not be attending the Santa in the Park or the Friendswood Library Grand Opening event due to being out of town. He thanked Parks and Recreation Director James Toney,

4 12/05/ Library Director Mary Perroni, their staff members, and Keep Friendswood Beautiful for all their hard work. Councilmember Gustafson thanked everyone for the support received throughout the past year, wished everyone a Merry Christmas and Happy New Year. If anyone has any questions about adoption, please contact the City Secretary s Office and they will put you in contact with him. Councilmember Hill wished everyone a Merry Christmas and stated it has been a good year, looking forward to the new year. Councilmember Enochs stated 2016 has been a productive year, shows how tireless and hard-working all the City Staff members are, thanked Staff for their compassion and commitment to the City and citizens, everyone rest up and have a great Christmas and New Year, and get ready for He thanked HEB Grocery for their support of the military by providing a Christmas lunch for all military members at Ellington Field which served over 3,000 military members and their families. Councilmember Rockey stated he would like to remind everyone of the Friendswood Historical Societies Christmas tree lighting event at the Brown Museum, Santa will be there, and caroling by various children s choirs, free wassail and gingerbread. Councilmember Foreman stated he had nothing to report. 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 Consultation with Attorney regarding potential litigation arising from pending zoning change application (Verizon Wireless), and Section Consultation with Attorney regarding pending litigation (Robert J. Bertrand, et al v. City of Friendswood). RECONVENE INTO OPEN SESSION Council reconvened into Open Session with no action taken later in the meeting. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS Friendswood Volunteer Fire Department (FVFD) Vice President Greg Otto introduced Eagle Scouts Andrew Zeir and Ian Wright, and presented the Eagle Scouts a plaque in recognition of the Eagle Scout projects at fire stations within the City. At Fire Station No. 2, work completed by Ian Wright of Troop 442, was coordinated to be done along with FVFD s efforts to provide a facelift to Station No. 2. FVFD Vice President Greg Otto and Station No. 2 Lieutenant coordinated all Eagle Scout activities, which included landscaping upgrades at Station No. 2. At Fire Station No. 4, Andrew Zehrer worked with Station 4 Senior Captain Mark Murphy on landscaping enhancements at the facility. Both projects, completed earlier this year, were planned and had resources/funding procured by the Eagle Scouts themselves. The City and FVFD are thankful for the work that was done, the support of their parents, their troops and their friends. Mr. Otto congratulated them on their achievements in becoming Eagle Scouts, is a huge accomplishment. FVFD strongly believes this type of collaborative involvement is what makes Friendswood the community it is and looks forward to supporting future projects. JOINT PUBLIC HEARING Mayor Holland and Planning and Zoning Commission Chair David O Farrell called a Joint Public Hearing to order to receive comments from the public, both oral and written, regarding a zone classification

5 12/05/ change request for acres being part of Lot 45, Slone Subdivision, property located at South Friendswood Drive (FM 518)/Old Road, Friendswood, Galveston County, Texas, to change from Single Family Residential (SFR) to Neighborhood Commercial (NC). Deputy Director of Community Development/Planner Aubrey Harbin explained the request and stated is an undeveloped tract, property is a little over two acres, fronts FM 518, has Community Overlay District (COD) requirements for landscaping and building façade. Mona Miller with Infinity Real Estate Group stated she represents the sellers and buyers, when applicant applied for zone change they tried to apply for a zone that would be least intrusive to neighbors, and zoning requested is the most restrictive zoning that will allow for the use being proposed. Planning and Zoning Commission Chair O Farrell asked if anyone would like to speak in favor of or in opposition of the request. No one spoke. Planning and Zoning Commission Chair O Farrell 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. COMMUNICATIONS FROM THE PUBLIC Lance Foss, Pearland resident, addressed Council and stated he spoke earlier in the meeting related to a police complaint he had on November 07, 2016, and through God s provision he came prepared to say much more but recognizes and respects the mercy of Mayor and Council during the comment period. This presented a politician with an unrestricted and open microphone to victimize and vilify him for some other audience but Mayor Holland did not do that, and thanked Council for their grace and mercy. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS None. With concurrence of Council, Mayor Holland moved to Agenda Item 13, Discussion and possible action regarding appointment of a Senior Citizen Advisory Committee member to fill a vacancy. ACTION ITEMS **Councilmember Scott moved to approve the appointment of Dorothy Montz to move from alternate member to regular member on the Senior Citizens Advisory Committee to fill a vacancy with a term to expire November Seconded by Councilmember Gustafson. The motion was approved unanimously. With concurrence of Council, Mayor Holland moved to Agenda Item 16A, Resolution R RESOLUTIONS **Councilmember Scott moved to approve Resolution R A resolution of the City of Friendswood, Texas, expressing official intent to reimburse costs of City of Friendswood road and street improvements. Seconded by Councilmember Hill. The motion was approved unanimously. With concurrence of Council, Mayor Holland moved to Agenda Item 14, Discussion and possible action regarding approving the award of a professional services contract for engineering services for Blackhawk Boulevard Phase II and authorizing the Mayor to execute the contract. ACTION ITEMS (continued) **Councilmember Scott moved to approve a professional services contract with HDR Engineering, Inc.,

6 12/05/ for engineering services for Blackhawk Boulevard Phase II and authorize the Mayor to execute the contract. Seconded by Councilmember Rockey. The motion was approved unanimously. **Councilmember Hill moved to approve amending an existing professional services contract with Cobb, Fendley & Associates, Inc., for Woodlawn Drive engineering services and authorizing the Mayor to execute the contract. Seconded by Councilmember Enochs. The motion was approved unanimously. With concurrence of Council, Mayor Holland moved to Agenda Item 16B, Resolution R RESOLUTIONS (continued) **Councilmember Hill moved to approve Resolution R A resolution of the City of Friendswood, Texas, suspending the December 21, 2016, effective date of the Statement of Intent of CenterPoint Energy to increase rates within the Houston and Texas Coast Divisions and consolidate the Houston and Texas Coast Divisions to permit the City time to study the request and to establish reasonable rates; finding that the City s reasonable rate case expenses shall be reimbursed by the company; authorizing participation with the Gulf Coast Coalition of Cities; hiring legal and consulting services to negotiate with the company and direct any necessary litigation and appeals; 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 Councilmember Scott. The motion was approved unanimously. ORDINANCES **Councilmember Rockey moved to remove from the table the First reading of Ordinance No. T 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 acres of land, more or less, being a called 8.58 acre tract of land less those portions taken for FM 528 right-of-way by deed recorded in Volume 979, Page 3, office of the County Clerk of Galveston County, Texas, and by deed filed for record under Clerk s File of the real property records of Galveston County, Texas, being a part of the B.S. & F. Survey Number 5, Abstract 625, Galveston County, Texas; amending the zone classification from Single-Family Residential (SFR) 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. Seconded by Councilmember Foreman. The motion to remove from the table was approved unanimously. Mayor Holland reported that the Planning and Zoning Commission had a unanimous positive recommendation for Agenda Item 17A, First reading of Ordinance No. T , 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 acres of land, more or less, being a called 8.58 acre tract of land less those portions taken for FM 528 right-of-way by deed recorded in Volume 979, Page 3, office of the County Clerk of Galveston County, Texas, and by deed filed for record under Clerk s File of the real property records of Galveston County, Texas, being a part of the B.S. & F. Survey Number 5, Abstract 625, Galveston County, Texas; amending the zone classification from Single-Family Residential (SFR) to Community Shopping Center (CSC); providing for amendment of the Official Zoning Map. **Councilmember Foreman moved to approve the First reading of Ordinance No. T 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 acres of land, more or less, being a called 8.58 acre tract of land less those portions taken for FM 528 right-of-way by deed recorded in Volume 979, Page 3, office of the County Clerk of Galveston County, Texas, and by deed filed for record under Clerk s File of the real property records of Galveston County, Texas, being a part

7 12/05/ of the B.S. & F. Survey Number 5, Abstract 625, Galveston County, Texas; amending the zone classification from Single-Family Residential (SFR) 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. Seconded by Councilmember Rockey. The motion was approved unanimously. With concurrence of Council, Mayor Holland moved to Agenda Item 17C, Ordinance No. T **Councilmember Hill moved to approve the First reading of Ordinance No. T An ordinance extending with Progressive Waste Solutions of TX, Inc., d/b/a WC of Texas the right, privilege, and franchise for a term as set out in Exhibit A, attached hereto and made a part hereof, to provide solid waste collection and disposal, and related business activities in the City of Friendswood, Texas; prescribing compensation for the rights and privileges and franchise conferred hereunder; and prescribing the conditions governing the operation of the business. Seconded by Mayor Holland. The motion was approved 6-1 with Councilmember Rockey opposed. **Councilmember Scott moved to approve the First and Final reading of Ordinance No An ordinance amending City of Friendswood, Texas, Ordinance No , passed and approved October 5, 2015, same being an ordinance approving and adopting the City s General Budget for Fiscal Year by approving Budget Amendment XII to the Original General Budget of the City of Friendswood, Texas, for the Fiscal Year ; 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. **Councilmember Scott moved to approve the First and Final reading of Ordinance No An ordinance amending City of Friendswood, Texas, Ordinance No , passed and approved October 3, 2016, same being an ordinance approving and adopting the City s General Budget for Fiscal Year by approving Budget Amendment II to the Original General Budget of the City of Friendswood, Texas, for the Fiscal Year ; providing for supplemental appropriation and/or transfer of certain funds; providing for severability; and providing other matters related to the subject. Seconded by Councilmember Foreman. The motion was approved unanimously. Mayor Holland recessed the meeting at 7:28 PM and reconvened at 7:40 PM. With concurrence of Council, Mayor Holland moved to Agenda Item 17B, Ordinance No. T Mayor Holland reported that the Planning and Zoning Commission s vote for Agenda Item 17B, First reading of Ordinance No. T , 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 acres being part of Lot 45, Slone Subdivision, out of the B.W. Camp Rice Farms in the John Dickerson League, Galveston County, Texas, according to the map recorded in Volume 254-A, Page 6, in the office of the County Clerk of Galveston County, Texas; amending the zone classification from Single-Family Residential (SFR) to Neighborhood Commercial (NC) was approved 6-1. **Councilmember Scott moved to approve the First reading of Ordinance No. T 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 acres being part of Lot 45, Slone Subdivision, out of the B.W. Camp Rice Farms in the John Dickerson League, Galveston County, Texas, according to the map recorded in Volume 254-A, Page 6, in the office of the County Clerk of Galveston County, Texas; amending the zone classification from Single-Family Residential (SFR) to Neighborhood Commercial (NC); 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 Hill opposed. The meeting adjourned at 7:45 PM.

8 12/05/ Attest: Mayor Kevin Holland Melinda Welsh, TRMC City Secretary