HomeMy WebLinkAboutCC Minutes 2006-12-18 Special 12/18/06 2602
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
DECEMBER 18, 2006 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, DECEMBER 18, 2006, AT 6:30 PM AND A REGULAR MEETING AT 7:00 PM AT
FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD,
TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM:
MAYOR DAVID SMITH
MAYOR PRO-TEM CHRIS PEDEN
COUNCILMEMBER LAURA EWING
COUNCILMEMBER JIM HILL
COUNCILMEMBER JAY HORECKY
COUNCILMEMBER MEL MEASELES
CITY ATTORNEY JOHN OLSON
CITY MANAGER BO MCDANIEL
CITY SECRETARY DELORIS MCKENZIE
Councilmember LeCour was absent from the meeting.
Mayor Smith called the meeting to order.
6:30 PM —CLOSED EXECUTIVE SESSION
Council convened into Executive Session in Accordance with the Texas Government Code, pursuant to
Section 551.072 — Deliberation regarding Real Property and Section 551.087 — Deliberation regarding
Economic Development negotiations.
Council convened into Regular Session at 7:00 pm with action taken later in the meeting.
RECONVENE INTO OPEN SESSION
7:00 PM — REGULAR SESSION
The invocation was given by Reverend Dr. Robert Moore with Church of the Good Shepherd.
Mayor Smith led the Pledge of allegiance to the United States and to the State of Texas.
PUBLIC HEARING
Mayor Smith called a Public Hearing to order, to receive comments from the public, either oral or written,
regarding a Zone Classification change for a tract of land containing 24.62 acres, being part of Lot 4 of
the Burgess Subdivision, and situated in the George W. Patterson Survey, property known as Bofysil tract
located off of FM 528 near Friendswood Lakes Boulevard, and being Reserve A of the proposed
subdivision called Friendswood Lakes West, Galveston County, Texas, from Single-Family Residential
(SFR)to Community Shopping Center(CSC).
Diane Mireles, 1905 Pampas Trail, addressed Council and stated she is a resident of Friendswood Lakes,
read a statement regarding concerns with this development, opposed to amount of land being proposed
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as commercial not opposed to development.
Glen Kessler, 1914 Sandy Lake, addressed Council and stated he is a resident of Friendswood Lakes,
read a statement regarding concerns with this development, welcomes development just not the way the
development is proceeding, safety, maintain property values, asked for legal and above board dealings
with the Homeowners Association (HOA) and development, concerned with sand pit traffic, Staff and
Planning and Zoning (P&Z) providing incorrect guidance, violating laws, stated the developer and owners
are not citizens of Friendswood, asked that zoning be delayed until plat is filed correctly.
Mayor Smith stated zoning is not a part of the plat process, safety, sand pit road connecting to industrial.
Councilmember Peden asked how trucks enter safely, this rezoning is for property on FM 528, sand pit
trucks. City Attorney John Olson advised that P&Z made the condition of the plat process a part of the
zoning. Mayor Smith asked if the allegations of illegality of Staff and P&Z been submitted to the City
Manager with Mr. Kessler advising at least twice.
Barry Boswell, 1615 Cascade Falls Drive, addressed Council and stated he continues to support
development of Friendswood Lakes including commercial sites, proposed site is four times the size of the
originally planned site, approval of rezoning should not be granted in the absence of a comprehensive
plan for the total tract including drainage studies, expectation that the character of Friendswood Lakes
would be maintained by developer, by builders and information provided by City, many issues such as
house density, street layouts are completely out of character with current development, concerned with
property values, asked what compelling change has taken place that would cause the City to divert from
the original plan.
Mayor Smith made clarifying statement, believes that this development of these sections was done
independently and was not the City plan. Mr. Boswell stated that the City would have had input as to
Vision 2020.
Kristy Kaiser, 1706 Waterfall, addressed Council and stated she lives in one of the model homes,
commercial would come behind home, moved here with son for quiet safe place to live, will increase
traffic, if allow to connect streets to waterfall drive will become a shortcut and will be unsafe for residents
and children, works for a waste company so know what they will do to roads and the noise.
Kathy Hanson, 1909 Sandy Lake Drive, addressed Council and stated she feels the commercial property
should be on other side, wants zoning to reflect master plan community, same as West Ranch
Development in conjunction with Vision 2020, stated she is a doctor and concerned with safety for
children, told zoning tied to plat with connecting streets, will get a lot of traffic, sand pit traffic.
Todd Salerno, 1618 Stoney Lake Drive, addressed Council and stated he moved to this area to raise
family in a safe area, commercial rezoning done earlier this year behind the garden homes, concerned
with commercial buildings, traffic and safety, look out for safety of kids and community.
Charles Chrzanowski, 1809 Sandy Lake Drive, addressed Council and stated he is adamantly opposed to
this rezoning, moved into Friendswood for reasons that have been stated, based on plan by developer
and builder, to change the plan is changing the plan in the middle of the game, should revert to the 2001
plans, not opposed on making a profit not a windfall, belief that the City is here to protect the interest of
the little guy, the homeowners of Friendswood Lakes.
Wolfgang Horn, 1528 Garden Lake Drive, addressed Council and stated he is opposed to development,
make it identical to the other side, opposed to the construction of entry level homes on minimum size lots
that do not meet existing quality and/or standards which are presently the norm in Friendswood Lakes,
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agree and support the Friendswood Lakes HOA's document submitted to P&Z dated December 7, 2006.
Leslie Roque, 1916 Sandy Lake Drive, addressed Council and expressed her concerns and stated put
commercial back a step, may need area for more green space.
Glen Grayban, 1628 Mossy Stone, addressed Council and stated he is with the HOA, feels commercial
and residential areas are tied together, a lot not in best interest of homeowners, asked City to investigate
to be sure that the welfare of the City and homeowners is being protected.
Mayor Smith stated he feels points have been made to clarify concerns, if the Public Hearing is closed,
should not be giving Mayor and Council further testimony, Council stated additional information, if
warranted, should be given to the City Manager. City Manager Bo McDaniel stated if information is given
to him he will process the information. Discussed process with Council that this will go on the next
Planning and Zoning agenda and then will come to Council for action, Council asked about the
allegations that were made and City Manager Bo McDaniel stated he would resolve them.
Hearing no further comments, Mayor Smith closed this Public Hearing.
Mayor Smith stated the next process will be a recommendation from P&Z and then Council will then
process an ordinance for consideration which has to be read twice, would let HOA and developer know
when on agenda.
COMMUNICATIONS FROM THE PUBLIC
Fred Krch, 209 Dawn, addressed Council and read a seasonal ode, wishing everyone a blessed
Christmas.
CITY MANAGER'S REPORT
City Manager Bo McDaniel gave an update on the Glenshannon Drainage Project. We have the
appraisal which takes into account the loss of trees valued at $54,700. The City Attorney has sent back
the second draft with an additional 15 ft. easement. We have checked with the engineer and the
additional 15ft. is not needed. The letter is being sent back to the City Attorney for review and from his
suggestion we will prepare the final draft to be sent to the property owners. We have the final survey with
the 25 ft. easement that is needed to complete the project.
City Manager Bo McDaniel reported on the City Council strategic planning retreat. As a follow up to the
new City Manager's orientation, I recommended an initial strategic planning retreat to address and
recalibrate, at least for the City Manager's benefit that my service is consistent with Council's
expectations, priorities, and parameters, including strategic issues that you believe are important for the
City Manager to keep for his bearings while implementing your wishes. To assist that end, I will offer
what I have learned and/or believe is Council's consensus expectations, priorities and parameters and
issues of distinction that may not represent a consensus amongst the whole of Council. Other subjects or
suggestions are also welcomed regarding what Council would find beneficial and worth your time to
consider in a retreat setting. I recommend a retreat setting near Friendswood close enough for citizen
attendance but far enough away to support fresh discussions not impaired by familiar surroundings. I
also recommend a time in late January or February so that we can have meaningful guidance before we
prepare the proposed operating budget for the next fiscal year. I recommend a Friday evening and
Saturday time period on one of the following dates: 1) February 2/3 or 2) February 8/9. If these dates are
agreeable to the majority of Council, we will proceed to secure a location while it is still available. A draft
agenda will be prepared for input and suggestions before confirmation at the January 22 Council meeting.
City Manager Bo McDaniel reported on the property tax refund News Release. A press release has been
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prepared to inform the public of the status of distributing the tax refunds directed by the City Council.
Council has requested to review and approve this release prior to distribution. Individual quotes,
including majority and minority opinions, can be added as approved by Council. Should Council have no
comments, we will assume the press release is approved for distribution. On a related matter, we will
also follow up with a news article in the next issue of the Focus as well as the entire draft for Council
review and approval by the second meeting in January, the 22�a
ACTION ITEMS
**Councilmember Measeles moved to award RFP No. 2006-16 for a Radio Communications Tower for
the new Public Safety Building and authorize the Mayor to execute the contract subject to contract
meeting terms of agreement reached by legal counsel.
Seconded by Councilmember Horecky. The motion was approved unanimously.
**No action was taken regarding the redevelopment of the former City Hall site.
ORDINANCES
**Councilmember Peden moved to approve the first reading Ordinance No. 2006-28, an ordinance of the
City of Friendswood changing the zoning classification of a 0.8953 acre tract at 301 Laurel Lane from
OBD to PUD/SUP Office Park.
Seconded by Councilmember Hill. The motion was approved unanimously.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Measeles wished everyone a Merry Christmas and Happy New Year and be very careful
if traveling, and announced he will be attending Houston-Galveston Area Council Meeting tomorrow for
Councilmember LeCour since he is out..
Mayor Pro-Tem Peden wished everyone a Merry Christmas and thanked Staff for the street sign "Peden
tollway," very moving and touching, the sign made it very personal, and very meaningful, stated he
attended the employee Christmas party, which was well attended, and attended Bay Area Houston
Economic Partnership Holiday Meeting.
Councilmember Horecky dittoed the comments on his street sign "Jay Horecky Highway," attended Clear
Creek Independent School District 5th grade DARE graduation program, thinks it is a great opportunity for
students to get comfortable with Police Officers, enjoyed the employee Christmas party which was a lot of
fun, it was very great to see the human side of employees.
Councilmember Hill stated he really had nice time at the employee Christmas party, very nice thing to do
very enjoyable, appreciated his sign "Jim Hill Freeway— No Outlet,"wished everyone a Merry Christmas.
Councilmember Ewing stated she received her tax refund, will not cash it so it will go towards Capital
Projects, attended Seniors Citizens Committee Christmas party, stated the tree giveaway by the
Community Appearance Board will be January 20th beginning at 10:00 am, thanked Staff for her sign,
"Eco Trail," and stated she considered this the highest compliment.
Councilmember Measeles thanked Staff for the "Mel Measeles Parkway" street sign given at the
employee Christmas party, took as a compliment, thanked Staff and really appreciated it.
Mayor Smith thanked everyone for being here, wished everyone a Merry Christmas and hopes everyone
traveling will have a safe trip, commented on the sign from employees and also took it as a compliment,
and really appreciated it.
12/18/06 2606
CONSENT AGENDA
"*Councilmember Peden moved to approve the Consent Agenda as presented with the exception of items
D, E, and F. A. Authorize Council to invoke Rule 1(A) of the Rules of Procedure to schedule the regular
January Council meetings for January 15 and 22, 2007, due to the New Year's Day holiday. B. Approve
and authorize the Mayor to execute a contract renewal with First Call Interactive Network, Inc., with other
Galveston County cities to provide automated phone notifications to residents. C. Approve a License
Agreement for finro buyout properties, 15422 and 15426 Wandering Trail.
"�' Seconded by Councilmember Measeles. The motion was approved unanimously.
*"Councilmember Peden moved to approve item D with change from 12 months to 6 months -Authorize
the Mayor to execute an extension to the Realtor Agreement for the sale of three acres on FM 528 at the
new Public Safety Building.
Seconded by Councilmember Measeles.
'`**The motion and Second were withdrawn.
"***Councilmember Peden moved to approve item D as written - Authorize the Mayor to execute an
extension to the Realtor Agreement for the sale of three acres on FM 528 at the new Public Safety
Building.
Seconded by Councilmember Measeles. The motion was approved unanimously.
"*Mayor Smith moved to approve item E-Approval of November, 2006 Property Tax Report.
The motion failed for lack of a Second.
*"`Councilmember Peden moved to approve item F -Approve Minutes of December 4, 2006 Meeting with
a correction.
Seconded by Councilmember Horecky. The motion was approved unanimously.
A motion was made and approved to adjourn at 8:39 PM.
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