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HomeMy WebLinkAboutCC Minutes 2007-06-18 Special 06/18/2007 2720 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( J U N E 18, 2007 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JUNE 18, 2007, AT 5:00 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 JOHN LECOUR COUNCILMEMBER JIM HILL COUNCILMEMBER LESLIE REID COUNCILMEMBER ANDY RIVERA CITY ATTORNEY JOHN OLSON CITY MANAGER BO MCDANIEL CITY SECRETARY DELORIS MCKENZIE Mayor Smith called the meeting to order. CLOSED EXECUTIVE SESSION Council convened into Executive Session in Accordance with the Texas Government Code, pursuant to Section 551.074 — Personnel matters, Section 551.087 — Deliberation regarding economic development negotiations and Section 551.072— Deliberation regarding Real Property. Council convened into Regular Session at 7:00 pm with no action taken later in the meeting. RECONVENE INTO OPEN SESSION SPECIAL SESSION Discussion was held with the Planning and Zoning Commission regarding the proposed amendments to the Sign Ordinance. Councilmember Ewing asked if the Planning and Zoning Commission (P&Z) will continue to look at additional issues, such as businesses that cannot have signage due to the marquees that are completely filled with other businesses signage. West Ranch subdivision is asking for more square footage for signage and asked Planning and Zoning Commission to continue to look into the sign ordinance. Mayor Smith stated the City is meeting quarterly with West Ranch subdivision and one of the issues that came up about signage for the entryway with an insignia that would be considered a sign because of the WR that would be placed on it. The Planning and Zoning Commission will need to consider items such as this when the City has a big development like this type and will need to look at other things to possibly allow adding the signage to a Planned Unit Development (PUD). The City Attorney stated a PUD is its own designation and would be allowed in PUD's but not in other zones. Councilmember Ewing stated the Friendswood Methodist Church requested larger signage, this is a big development and asked would there be a chance to place a larger sign at the church. 06/18/2007 2721 Councilmember Hill stated Koman Furniture has the same problem with the signage that it could not be seen due to Eckerd's signage and stated it is the same issue with West Ranch. Councilmember Reid asked if there would be any way to fix the signage problem with Style Junkie, the business on FM 2351. City Planner Mona Miller stated the owner could possibly re-configure the signage. Planning and Zoning Commission member Bob Bertrand stated the first question to be asked is if the business is using all the space that is allowed, the signs would still have to be built in accordance with the requirements. Mayor Smith stated the sign is negotiated just like the lease space is and most small businesses do not realize that, what the City can do may not solve their problem and would need to make sure owner is using all the space that is available to them. The City Manager stated that the burden of proof is on the City and presented a report on signs non- conforming across the City. Councilmember Peden requested clarification on legal non-conforming signs. Mayor Smith suggested letting the Planning and Zoning Commission review and advise if there are other suggestions and to move forward on recommendation. Councilmember Hill asked if Council would like to approve legal non-conforming signs or hold to the letter of the ordinance, requested a straw vote and asked if Council will consider larger signs in a Planned Unit Development(PUD). Mayor Smith stated he thinks additional time is needed to consider moving forward with a recommendation from the Planning and Zoning Commission. Councilmember LeCour stated temporary signs and banners have to be attached to the building and asked if the Planning and Zoning Commission can look into a way to have temporary banners posted on the grounds. Councilmember Hill stated the Friendswood Volunteer Fire Department (FVFD) would like to put up a temporary banner asking for volunteers and would like more flexibility. Planning and Zoning Commission Chairman Jim Gibson stated this may need more time to be addressed. Mayor Smith stated FVFD is using a plastic banner sign now and it works well for them but are limited on how long they can put out the banner. Planning and Zoning Commission member Bob Bertrand stated he understood the City does not have to follow the rules of the sign ordinance and are immune from their own rules. Mayor Smith stated there has also been a request to look at the number of copy lines allowed on scrolling signs, asking for three lines instead of two and asked the Planning and Zoning Commission to look at these issues. Mayor Smith closed this session at 6:53 pm 06/18/2007 2722 7:00 PM— REGULAR SESSION The invocation was given by Reverend Bill Stell with Friendswood United Methodist Church. Mayor Smith led the Pledge of allegiance to the United States and to the State of Texas. JOINT DOCKETED PUBLIC HEARING Mayor Smith and Planning and Zoning Commission Chairman Gibson called a Joint Docketed Public Hearing to order, to receive comments from the public, either oral or written, regarding Zone Classification change for a tract of land containing 5.00 acres out of a 9.842 acre tract being in the George W. Patterson Survey, property located at 1400 FM 528, near Friendswood Lakes Boulevard, Galveston County, TX, from Community Shopping Center (CSC) to Planned Unit Development with Specific Use Permit- Multi-Family Dwellings. (PUD/SUP-MuIti-Family Dwellings) (Gardens at Friendswood Lakes) Les Kilday, Sugarland, Kilday Realty Corporation with over 30 years experience, stated he is the property owner and developer of the proposed 114 Seniors only apartments, partial multi and single story property, large club house, business center, fitness center, are high quality and affordable apartments, will provide additional jobs, will increase Friendswood tax base, there will be no impact on the school district, will be mainly brick and hardiplank, extensive landscaping, gate access, a van will be provided for transportation, income based rental and nice size units. Mr. Kilday stated a team is available to answer any questions regarding this project. Councilmember Ewing asked if a letter of support from Council to the State regarding tax credit allocation had been sent with the Mayor advising the letter had been sent. Mr. Kilday stated it is usually at the end of July when a decision is made regarding the tax credit allocation but has received the most recent scoring list and are well within scoring requirements. Councilmember Ewing asked if the building site was changed, what would happen. Mr. Kilday stated he would have to start the process all over again. Glen Grayban, President of Friendswood Lakes Homeowners Association, stated he has talked to residents and there is an overwhelming support from residents for this project and they have met with the developer and have had plenty of opportunities to voice opinions on this project. The Planning and Zoning Commission will need to look at this as the correct zoning for this property. Friendswood Lakes residents are really not interested in a strip center and hope the Planning and Zoning Commission will look at this favorably and are looking forward to this coming in. No one spoke against this request. Hearing no further comments, Mayor Smith and Planning and Zoning Commission Chairman Gibson closed this Joint Docketed Public Hearing. COMMUNICATIONS FROM THE PUBLIC Dan Illerich, Friendswood resident, thanked everyone for the most humbling experience in these last three week with the death of his brother and the support given to him, deeply appreciates the concern for not being able to be at a Council meeting where he was scheduled to speak, came home from taking care of family business and found out people were looking for him, thanked everyone that sent condolences and thanked each and every one, it meant so much. 06/18/2007 2723 Don Seyfert, Friendswood resident, spoke on Texas Governor vetoing eminent domain reform and stated the City of Friendswood is at the top of the heap in protecting citizen's property rights and Friendswood is the only City that closed the loop and should be proud and thanked the Mayor and Council for their actions on behalf of the citizens. Kenneth Truman, Friendswood resident since 1964 in Clover Acres Subdivision, stated that his home has flooded five times and there is always a reason for not curing the flooding problem, four years ago a bond election was held that included Clover Acres and it calls for culverts to be placed under FM 2351, other issues have been addressed such as ditches that needed to be cleaned out and several days ago it was told it would be seven or eight months before work could begin, other entities were involved in this project with each of them having their own way of doing business and delaying the project. Something needs to be done. Bea Morris, Friendswood resident, addressed the Clover Acres drainage issue and had previously provided pictures of a recent rain, recently asked if digging out ditches would help and it would not because it would not be draining on one side and will not get under FM 2351, ditches need to go through Cowards Creek Subdivision and there is sufficient capacity in those ditches, encouraged everyone to attend the Cowards Creek Watershed Study Open House tomorrow night at City Hall. Mayor Smith thanked Ms. Morris for the pictures that were provided and for providing this information. Council has been involved and knows about this problem and assured them that the City Manager heard this concern. CITY MANAGER'S REPORT City Manager Bo McDaniel reported on the update to the Glenshannon Drainage Project. The City was prepared to address negotiation progress with the owner's legal counsel. Following the meeting with the owner's representative and attorney, the City remains optimistic that it will have this acquisition consummated shortly. The City and the Galveston County Consolidated Drainage District (GCCDD) are reviewing the drawings for final and complete approval. LAN Engineering, the project consulting engineer, is in the process of addressing the drainage districts concerns. Staff is preparing for presentation to City Council, to address the proposed inclusion of the Greenbriar area within the current project scope, not to delay the current project progress. Staff is preparing for presentation to City Council to review/approve monetary actions necessary to abide by the GCCDD's regional detention requirements. LAN Engineering conducted the wetlands and environmental assessment within the proposed storm sewer easement. Following the assessment, LAN Engineering is now in the process of finalizing the permit application to be submitted to the US Army Corps of Engineers for review and approval. Staff also provided a current project status update to the Glenshannon Subdivision residents. The City Manager reported on the Cowards Creek Watershed Study Open House and stated local sponsors are performing a watershed study of Cowards Creek in Brazoria and Galveston Counties to evaluate potential flood damage reduction measures. This study is made possible through a Flood Protection Planning Grant from the Texas Water Development Board with additional funds from the City of Friendswood, City of Pearland, Brazoria County, Brazoria Drainage District#4, and Galveston County Consolidated Drainage District. Sponsors will study the creek's hydrology and hydraulics, economics and environmental elements to determine potential solutions to reduce flooding and flood damages within the watershed. The local sponsors invited stakeholders to attend the Open House on June 19, 2007, to provide useful information on the preliminary proposed improvement plan. Stakeholders were encouraged to attend the Open House at Friendswood City Hall. Representatives from each of the local sponsors will be available to answer questions and solicit citizen comments. 06/18/2007 2724 The City Manager reported that the Police Department, Fire Marshal's office, Emergency Operations Center and Municipal Court will begin moving into the new Public Safety Building beginning Monday, June 18. The Certificate of Occupancy was issued June 14, 2007. The Official Opening and Ribbon Cutting Ceremonies will be on Friday, June 29, 2007. Many dignitaries, elected officials and members of the local law enforcement community will be in attendance. A ceremonial flag presentation will begin the event. Guided tours of the building will follow the ceremony. The next day the Public Safety Building will again be open for tours with static displays of Public Safety vehicles and equipment. ACTION ITEMS **Mayor Smith moved to approve the Mayor's recommendation to appoint Councilmember Chris Peden as Mayor Pro-Tem for 2007-2008. Seconded by Councilmember Ewing. The motion was approved unanimously. **Councilmember Peden moved to approve the concurrence and approval of the Mayor's appointments of City Council Liaisons which are Councilmember Reid-Bay Area Houston Economic Partnership, Councilmember Hill-Clear Creek Advisory Committee (HCFCD), Clear Creek Regional Watershed Steering Committee, Dickinson Bayou Watershed Steering Committee and the Galveston County Consolidated Drainage District, Councilmember Ewing-Community Appearance Board, Library Board, Parks and Recreation Board and the Planning and Zoning Commission, Councilmember LeCour-Fourth of July Steering Committee, Harris County Mayors' and Councils' Association and Homeowner's Associations, Councilmember Peden-Galveston County Mayors' and Councils' Association, Councilmember Rivera-Houston and Galveston Are Council, Community and Economic Development Committee and the Senior Citizens Advisory Board. Seconded by Councilmember Rivera. The motion was approved unanimously. **Councilmember Ewing moved to approve authorization for the Mayor to execute a contract with Garner Environmental Services to provide generator(s) for emergency management purposes. Seconded by Councilmember Rivera. ***Councilmember Rivera made a motion to amend to allow 30 days for payment. Seconded by Councilmember Peden. The motion was approved unanimously. ****The main motion, as amended, was approved unanimously. **Councilmember Ewing moved to approve Chapter 380 incentive grant application for economic development. Seconded by Councilmember Peden. Jamie Ballard, Chairman of the Community Economic Development Committee (CEDC), provided backup information on the project, expand existing business in a new building, medical facility, approximately $5 million dollar project, recommend project that will provide investment return on dollar, up to $50,000 refund of city required permit cost, no funding until project is complete, would reimburse fees that were paid, no money would be out of pocket for the city, promotes expansion of economic development, grant plan has been in place for five years and has not been utilized, will provide increase to tax base, brings additional jobs and money, not taxpayer dollars, unanimous recommendation from the CEDC Board to approve and stated a developer agreement will be presented at the next meeting. ***The motion was approved unanimously to approve a Chapter 380 Incentive Grant to EC Friendswood I, LP. 06/18/2007 2725 **Councilmember Rivera moved to approve authorization for the Mayor to execute a contract with Texas First to hire Mr. Leslie McMann as Interim Director of Community Development beginning the first of July for a period of 6-9 months. Seconded by Councilmember Reid. The motion was approved unanimously. **Councilmember Ewing moved to approve a negative recommendation from the Planning and Zoning Commission in response to a Zone Change Request for 12.260 acres at 1700 FM 528, near Friendswood Lakes Boulevard, from Single Family Residential (SFR)to Community Shopping Center(CSC). Seconded by Councilmember Reid. **Councilmember Peden moved to table to allow additional information to be gathered for other resolutions to this rezoning request. Seconded by Councilmember Reid. The motion was approved 6-1 with Mayor Smith opposed. RESOLUTION **Councilmember Rivera moved to approve Resolution R2007-25 — A Resolution of the City Council of the City of Friendswood, Texas, adopting rules of procedure for City Council meetings; and repealing all other resolutions inconsistent or in conflict herewith. Seconded by Councilmember Peden. The motion was approved unanimously. ORDINANCE **Councilmember Ewing moved to approve the first and final reading of Ordinance No. 2007-07, an Ordinance known as "Budget Amendment II", amending City of Friendswood, Texas, Ordinance No. 2006-24, passed and approved September 25, 2006 and being an ordinance approving and adopting the City's General Budget for fiscal year 2006-2007; providing amendments to such budget; and providing other matters related to the subject. Seconded by Councilmember Rivera. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Ewing stated she appreciates the family sacrifices for those on Council and City Staff. The City Manager moved and it is Councilmember Hill's 30 year wedding anniversary, and is very much appreciated, gave thanks to be allowed to make a trip to Washington D.C. in support of continued funding of space exploration, traveled to New Orleans, Louisiana, to see City Secretary Deloris McKenzie be honored as top City Secretary in the universe. Councilmember Hill reported that it was his 30t" wedding anniversary with his wife Debbie and wanted to tell her he loved her very much. Councilmember Reid congratulated Friendswood Volunteer Fire Department (FVFD) and the EMS Division on awards received, attended the Bay Area Houston Economic Partnership (BAHEP) meeting, it is an exciting group and they do a lot for this area, they were the ones to start the trip to Washington D.C., wished Councilmember Hill and his wife Debbie a happy 30t"wedding anniversary. Councilmember Peden reported that he has attended a lot of ineetings, is attending a fundraiser breakfast for the Boy Scouts and stated there are three troops in Friendswood, Friendswood has a number of Eagle Scouts, congratulated Councilmember Hill and his wife Debbie on their 30t" wedding anniversary. 06/18/2007 2726 Councilmember Rivera thanked Council for a very productive retreat and wished all citizens a good night as it is time to close this meeting. Mayor Smith reported that Bay Area Builders are building a house for an injured Marine and urged help and support to this organization. Thanks were given to City Manager Bo McDaniel, City Secretary Deloris McKenzie and Council for spending the day on Saturday at the Council Retreat, stated it was very productive and that he looks forward to working with this Council. CONSENT AGENDA **Councilmember Peden moved to approve the Consent Agenda as presented, A. Ratify and confirm a Mutual Aid Fire Protection agreement with the Galveston County Firefighters Association for the Friendswood Volunteer Fire Department. B. May 2007 Property Tax Report. C. Approve minutes of May 24 and June 4, 2007 meetings. Seconded by Councilmember Reid. The motion was approved unanimously. A motion was made and approved to adjourn at 9:26 PM. � M avid .H. mith Attest: � ..n 1�,{� . ,,�,s�ri � . �Q Del ris McKenzie, TRMC v -,p City Secretary � ' �� � '� �' �+��AF �F '���Py :.,:,.� ..