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HomeMy WebLinkAboutCC Minutes 2007-04-02 Regular 04/02/2007 2677 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( APRI L 02, 2007 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, APRIL 02, 2007, AT 7:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, REGARDING THE ITEMS OF BUSINESS ACCORDING TO THE AGENDA LISTED BELOW WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR DAVID SMITH MAYOR PRO-TEM CHRIS PEDEN (arr. 7:13 PM) COUNCILMEMBER LAURA EWING COUNCILMEMBER JOHN LECOUR COUNCILMEMBER JIM HILL COUNCILMEMBER JAY HORECKY COUNCILMEMBER MEL MEASELES CITY ATTORNEY JOHN OLSON CITY MANAGER BO MCDANIEL CITY SECRETARY DELORIS MCKENZIE Mayor Smith called the meeting to order. 7:00 PM— REGULAR SESSION The invocation was given by Pastor Rick Austin with Friendswood Baptist Church. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. Mayor Smith welcomed Friendswood Jr. High History teacher Sharon Cassler and her class who are attending the Council Meeting tonight to learn about government. The Mayor stated that Ms. Cassler knows the importance of government firsthand as she previously served as a Councilmember in Webster. Mayor Smith recognized Boy Scout Troop members from Friendswood Methodist Church that are working on their Leadership Badge. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS Mayor Smith presented a proclamation recognizing Westwood Elementary School for receiving the Texas State Schools of Character Award. The proclamation was presented to Principal Lynn Hobratschk, Assistant Principal Lee Whitlock and Counselor Barbara Gruener. COMMUNICATIONS FROM THE PUBLIC Fred Krch, Friendswood resident, addressed Council and stated he would like to talk about Friendswood Lake, presented a quote from Underwater Services, Inc., for underwater video inspection of Friendswood sandpit or Friendswood Lake, asked Council to approve funding in the amount of $3,170.00, suggested Council could have asked a local developer to fund a study for a hotel/conference center and saved the City money, has seen a lot of misuse of funds, City has funds to spend when wanted, congratulated five Councilmembers for disenfranchising 17,000 voters by denying them the right to vote on the English language issue. 04/02/2007 2678 Kelly McKnight, Friendswood resident, addressed Council and stated she would like a follow up on the Glenshannon drainage issue, understands the City is continuing to work on this issue, just wanted to follow up on it. City Attorney John Olson stated the property owners are aware that proceedings have been authorized, owners have been notified, has received a counter offer, Council will discuss in Executive Session this evening, are close to making a decision, letter has been sent regarding eminent domain, depending on information received in Executive Session, Council could come to an agreement this evening. Mark Griffon, Friendswood Independent School District Director of Transportation, addressed Council and stated there are negative effects for extending lengths of cul-de-sac, walkout length for students is about 300 ft., which is under the national average, and due to increase in length, it would affect the walkout time, may be a longer wait by buses and could impede traffic and may add additional 20 minutes to the bus schedule, may be dark for children to walk out, bus waits 5 minutes for children, children do stand and wait for buses, buses need 150 ft. turning radius and cul-de-sacs do not have the turning radius, 300 ft. walkout was developed as a safety factor, Kindergarten children are required to have a parent walk to the corner. **Mayor Smith moved to approve Consent Agenda Items 12. A: 1-2 as presented. A. Acceptance of the infrastructure for subdivisions for the contractor's one-year maintenance period: 1. Friendswood Lakes, Section 4. 2. Terra Bella. Seconded by Councilmember Measeles. The motion was approved unanimously. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Community Appearance Board Chair Patty Steinke gave the annual report and recognized members of the Committee. She presented a report on the annual projects and reported on a special project needed on Friendswood Drive and FM 2351 on median and asked for Council support. Council expressed thanks. Fourth of July Steering Committee Chair Corey Kirkland gave the annual report with an overview of the day's activities beginning with the annual parade, over 50 booths, evening program will take place at Centennial Park and will begin at 7:30 PM with Hamilton Loomis providing entertainment with local performers with fireworks at 9:20 PM, there will be no public parking at the park, will be a shuttle from Clear Brook and Friendswood's High Schools beginning at 6:30 PM, recognized committee members. He further stated that this is the longest running parade, asked about members Dan and Nichole Morgan, if this is there 20-year anniversary would like to recognize, there are vacancies on the committee. CITY MANAGER'S REPORT City Manager Bo McDaniel reported on televising the Candidates' Forum on the Public Education/Government Access Channel, a request has been made to televise the Candidate's Forum sponsored by the League of Women Voters, presumes that this meets the Council's policy of limiting to City purposes, the event is scheduled for Thursday, April 26, at Village on the Park. At Council's direction, Staff will record and televise the event, expressed concerns and asked for direction from Council, makes Staff a little uneasy, stated candidates do politics better than Staff does. Councilmember LeCour stated that Republican group is involved and Democrat group is involved as well, Deborah Winters Chaney, with the Republican group, is working with Bay Area New Democrats, stated this is the third year they have been putting this on, thinks televising would be a good thing on Channel 17 would be a good idea, League of Women Voters guideline has always been used for debates, stated this is planned for Village on the Park. 04/02/2007 2679 Councilmember Ewing stated she has a problem with any of the three political parties putting on this debate. This is a non-partisan election, has not heard from the Democrat group as to their involvement, thinks the parties should be out of it, thinks should be handled by the League of Women Voters, the City election is not a partisan election. Mayor Smith stated that debates have been done before and the last couple of debates were handled by the League of Women Voters. Deborah Winters Chaney stated yes they were and the Republican Women's Group assisted the League of Women Voters with holding this debate. Councilmember Hill stated same as last year, he does not have a problem. Councilmember Peden stated he agrees with Councilmember Ewing, thinks it should be non-partisan, in order to be televised needs to be handled by a third party by the League of Women Voters and should be televised, thinks it is important that citizens see candidates debate, one or more parties may assist if asked by the League of Women Voters. Mayor Smith stated he agrees with Councilmember Peden, let League of Women Voters handle the process and let candidates agree with the format and then televise. Councilmember Ewing stated go with League of Women Voters, let them set date and time and then determine place, work with what dates are given. Deborah Winters Chaney stated the Republican Women's Group would love to use Council Chambers facilities as they did in 1997. Councilmember LeCour stated he agrees if parties can facilitate the meeting, stated the League of Women Voters are political, personally does not have a problem with televising, allow full disclosure to citizens, it is political holding a debate. Deborah Winters Chaney stated she would like to acknowledge Village on the Park for providing facility and refreshments for the last debate. Councilmember Peden stated he believes that there is a consensus to televise. Mayor Smith asked for consensus and if no conflict, allow use of Council Chambers. Councilmember LeCour stated his question is, if ran by parties would the answer be no, asked for consensus. Mayor Smith stated the consensus is to allow televising if League of Women Voters handle and allow using Council Chambers. City Manager Bo McDaniel stated the City will not provide refreshments, if held at other location, will not have sound system will just have a camera, will move in that direction to help make that happen. City Manager Bo McDaniel reported on the process for Special Financing Districts and provided information regarding the City Manager's recommended process for reviewing proposed special district/economic incentive options for Council's consideration and guidance. Council's direction was to recommend a process (how) for consideration. The City Manager has taken the initiative to also recommend a policy (what/why) which is the logical conclusion/purpose for which a policy should be achieved. Without a Council approved policy, no process would benefit a public purpose in the absence of a policy goal. City Manager provided information and will plan a work session later. 04/02/2007 2680 City Manager Bo McDaniel reported on process for Public Hearings. At the last Council meeting, discussion addressed Council approved holding a public hearing but not sending any comments to the Texas Department of Housing and Community Affairs (TDHCA) regarding the request for TDHCA to recommend Housing Tax Credits to the IRS for a proposed Affordable Rental Housing Application aka Friendswood Senior Apartments. As a matter of process to notify the public, the City Manager offers the following. First, this is not a rezoning public notice specifically mandated by the State, including certified mailings to abutting properties within 200 feet of the site. Rather it is a public hearing to receive public comment that the City may offer to the TDHCA at their public hearing(s). The initial public hearing is set for April 10, at 6 p.m., at Houston City Hall Annex Chambers Public Level, 900 Bagby, Houston, TX 77002. See attached location map. TDHCA advises that the final determination to recommend approval or denial is set for June 2007. They advise that written support/opposition letters received regarding the specific application will be summarized for TDHCA. It is my understanding that the purpose of the City of Friendswood Public Hearing is to receive public comment for or against and consider communicating such to the TDHCA for their consideration to recommend approval or denial. Council may decide after the public hearing to send an expression of support or opposition based on public comments or the discretion of Council should you find it appropriate. To accommodate public notice in this regard the City Manager will proceed as follows unless directed otherwise by Council, place a fourth-page ad (not routine legal notices) in the City's official newspaper advising the public of the call for public comments and input at a public hearing on April 16 and advising the public of the distinction between this issue and rezoning, which will follow, place the ad on the City's web page, send a written notice to the abutting Homeowner's Association, send an e-mail notice via News Alerts to area property owners presumed to potentially have interest in attending and commenting, send an invitation to the applicant to offer public explanation of their request assuming they would like to do so, Council preference otherwise is requested to be directed to the City Manager. Mayor Smith stated the consensus of Council was to move forward. Mayor Smith asked that the information be placed on Groupbuilder, send written notices to homeowners associations in the area and about 4-5 property owners across the street to be included, stated a public hearing will be scheduled for April 16 for gathering information for or against Senior project. Mayor Pro-Tem Peden asked that any commercial establishments within 200 ft. be sent a notice. City Manager Bo McDaniel reported on future tentative Work Session items and dates for informational purposes only. CLOSED EXECUTIVE SESSION Council convened into Executive Session at 8:14 PM in accordance with the Texas Government Code, pursuant to Section 551.071 —Consultation with Attorney concerning pending or contemplated litigation; a settlement offer; or a matter in which the duty of the Attorney requires it and Section 551.072 — Deliberation regarding Real Property. Council recessed the Executive Session and convened back into Regular Session at 8:32 PM with no action taken. RECONVENE INTO OPEN SESSION 04/02/2007 2681 **Councilmember LeCour moved to accept the zone change request and drafting an ordinance for 39.384 acres off of 1700 FM 528, near Friendswood Lakes Boulevard, from Single-Family Residential (SFR) to Community Shopping Center(CSC). Seconded by Councilmember Hill. The motion failed 3-4 with Mayor Smith, Councilmembers Ewing, Peden and Measeles opposed. Mayor Smith announced that agenda items B and C were withdrawn by the applicant for Zone change request for 9.071 acres off of FM 528 adjacent to Sunmeadow Subdivision, between Cypress Point Drive and Sunmeadow Boulevard, from Single-Family Residential (SFR) to Community Shopping Center(CSC) and Zone change request for 17.847 acres off of northwest of FM 528 adjacent to Sunmeadow Subdivision, at the end of Country Club Drive, from Single-Family Residential (SFR) to Multi-Family Residential - Medium (MFR-Medium). **Councilmember Horecky moved to approve amendments to an interlocal agreement with the Galveston County Consolidated Drainage District for the review and approval of plats and proposed drainage plans for new subdivisions. Seconded by Councilmember Peden. The motion was approved unanimously. RESOLUTIONS **Mayor Smith moved to approve Resolution R2007-13 — A Resolution adopting a Capital Improvement Program containing a summary of all proposed programs to be acquired during a five year period, cost estimates, method of financing and a recommended time table for constructing the improvements to be undertaken in the City of Friendswood, Texas. Seconded by Councilmember Measles. The motion was approved 6-1 with Councilmember LeCour opposed. **Mayor Smith moved to approve Resolution R2007-14—A Resolution authorizing the Police Department to make application with the U.S. Department of Justice, Bureau of Justice Assistance under the Bulletproof Vest Partnership Grant. Seconded by Councilmember Horecky. The motion was approved unanimously. **Mayor Smith moved to approve Resolution R2007-15 — A Resolution of the City Council of the City of Friendswood, Texas, approving revised Rules of Procedure for the conduct of City Council meetings; repealing Resolution No. R2006-27; and providing other matters relating to the subject. Seconded by Councilmember Measles. The motion was approved unanimously. ORDINANCES **Councilmember Horecky moved to approve the second and final reading of Ordinance No. T2007-03, an ordinance amending City of Friendswood, Texas, Ordinance No. 2006-28, same being an amendment to Appendix C (Zoning Ordinance) of the Code of Ordinances of the City, said Ordinance No. 2006-28 changing the zoning classification of a 0.8953 acre tract of land located at 301 Laurel Lane from Original Business District (OBD) to Planned Unit Development District and granting a Specific Use Permit to authorize use of property within said PUD for Office Park Uses; providing for an amendment of the site plan for such Planned Unit Development to allow an additional building; 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 Peden. The motion was approved unanimously. 04/02/2007 2682 **Councilmember Peden moved to approve the second and final reading of Ordinance No. T2007-04, an ordinance amending Appendix C of the Friendswood City Code, said Appendix C being City of Friendswood, Texas, Ordinance No. 84-15, as amended, originally adopted the 19th day of November, 1984, and being the Zoning Ordinance of the City, by deleting Subparagraph B of Paragraph 3 of Subsection Q of Section 7 thereof and substituting therefor a new Subparagraph B; providing that the height limitations for buildings and structures within a Planned Unit Development District shall be as set forth in the ordinance authorizing the Planned Unit Development; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Horecky. The motion was approved unanimously. **Councilmember Measles moved to approve the first reading of Ordinance No. T2007-05, an ordinance amending City of Friendswood, Texas, Ordinance No. 2000-01, as amended, originally adopted the 17th day of December, 2000, being Appendix B of the Friendswood City Code, and being an ordinance providing rules and regulations governing plats and the subdivision of land, by adding and revising certain definitions in Subsection E of Section I thereof, by changing the maximum length permitted for cul-de-sac streets contained in Paragraph 1 of Subsection G of Section III to 750 feet, and by revising Subsection H of Section III to establish a method of ineasuring block lengths and to eliminate a minimum length for cul- de-sac streets; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. (Previously tabled 03/19/07) Seconded by Councilmember Peden. **Councilmember Ewing moved to amend to remove amendment B, length of cul-de-sac streets from this ordinance and leave the wording the same as in the current ordinance. Seconded Councilmember Measles. The motion failed 3-4 with Councilmembers Peden, LeCour, Hill and Horecky opposed. ***Main motion approved 4 -3 with Mayor Smith and Councilmembers Ewing and Measles opposed. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Mayor Smith stated he had made a statement regarding Millennium Development (MDC) Corporation's relationship to other golf course developments and provided clarification regarding information he had stated to a resident regarding Millennium Development's involvement in other golf courses. Mayor Smith stated Mr. Nichols told him that he did not know of MDC's involvement with other golf courses. Mayor Smith further stated he had conversations with others regarding what he believed was correct information and stated for clarity purposes he wished to publicly apologize for repeating this information and he did not have other information that refuted this information and understands that Millennium is a privately owned Corporation. Councilmembers Measles, LeCour, Ewing, Peden and Horecky had no report. Councilmember Hill reported on a Galveston County Consolidate Drainage District meeting last week, there was a representative from Pearland and evidently there is a new Corps of Engineer National Economic Development (NED) plan and would like to present at City Hall in the Council Chamber, and further reported he is a member of the Houston 100 Club and is seeing letters more often than a year ago about police officers that are dying in the line of duty and stated he appreciates all that they do. CONSENT AGENDA 04/02/2007 2683 **Councilmember Horecky moved to approve the Consent Agenda as presented except for A: 1-2 which were approved previously in this meeting. A. Acceptance of the infrastructure for subdivisions for the contractor's one-year maintenance period: 1. Friendswood Lakes, Section 4. 2. Terra Bella. B. Authorize City of Friendswood to enter interlocal agreement with other Galveston County cities for the use of Clear Creek Independent School District's transportation and shelter facilities in the event of an emergency. C. Approval of February, 2007 Property Tax Report. D. Approve Minutes of February 9, February 10, February 19, February 26, March 1, March 5, and March 19, 2007 Meetings. Seconded by Councilmember Measles. The motion was approved unanimously. CLOSED EXECUTIVE SESSION Council reconvened into Executive Session at 9:39 PM in accordance with the Texas Government Code, pursuant to Section 551.071 —Consultation with Attorney concerning pending or contemplated litigation; a settlement offer; or a matter in which the duty of the Attorney requires it and Section 551.072 — Deliberation regarding Real Property. Council convened back into Regular Session at 9:55 PM with no action taken. RECONVENE INTO OPEN SESSION A motion was made and approved to adjourn at 9:56 PM. � <�. < � or David J.H. Smith Attest: � �04 FR�EI�I��� . � �o Deloris McKenzie, TRMC � City Secretary * � + ��r�,� ,�+�'