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HomeMy WebLinkAboutCC Minutes 2007-07-16 Special 07/16/2007 2735 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( J U LY 16, 2007 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JULY 16, 2007, AT 5:30 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 JOHN LECOUR COUNCILMEMBER JIM HILL COUNCILMEMBER LESLIE REID CITY ATTORNEY JOHN OLSON CITY MANAGER BO MCDANIEL CITY SECRETARY DELORIS MCKENZIE Councilmember Rivera was absent from the meeting. Mayor Smith called the meeting to order. SPECIAL SESSION A discussion was held regarding the National Economic Development (NED) Report from Halff Associates. A PowerPoint presentation was given regarding an engineering review of the proposed Clear Creek Federal Project NED 2007, and was presented by John ivey and Dwayne Hamilton with Halff Associates. Federal Emergency Management Agency (FEMA) used new hydraulics after Tropical Storm Allison resulting in new flood maps for Harris County that were available June 18, 2007. FEMA is remapping the Gulf Coast due to the impact from Hurricane's Rita and Katrina. Halff Associates has reviewed the FEMA modeling and data that was used. There is credit given to Friendswood for the 338 identified buyout structures. The economic benefit is included in the cost ratio of the federal funding. The number of structures is not included in the cost of the project, reviewed expected damages reduced and distributed by reach and estimated costs and benefits and reviewed distribution of structures across the project and the 1% application and also reviewed FEMA model impact for areas with and without project. FEMA modeling is very preliminary in nature with a lot of assumptions, needs to be well refined to proceed, reviewed storm surge impact to Friendswood and looked at model, no negative impact, NED project does not have any affect, reviewed confluence hydrograph at Mud Gully and Clear Creek and the combined outflow and model shows development of retention ponds in this area but are not identified in the model. The proposed FEMA project is estimated to be $170 million with the majority of the project being detention. Detention is proposed in the Mud Gully area and the phasing of the project is a critical component of the project. The NED project would impact the net effect of flooding beginning at FM 2351. The City has already taken some steps towards removing obstructions in the flood areas. Discussion has been held with members of the Galveston County Consolidated District(GCCDD) regarding the project. 07/16/2007 2736 A discussion was held regarding the policy and process for trees in the right-of-way at West Ranch. John Hammond with Friendswood Development presented a PowerPoint presentation showing street trees that were planted 8 years ago in Autumn Creek. The developer built streets and put in the landscaping and irrigation system, the Autumn Creek Homeowners Association (HOA) maintains green areas and boulevards, views were presented of streets that do not have street trees, side yard conditions and fencing placement and landscaping, side yard reserve with landscaping, Council was asked for clarification as to what direction does the City wish to move in, what has changed to prompt this discussion regarding landscaping in right-of-way with the City Manager advising there is charter requirements that says the City controls rights-of-way. Council discussed past practice and/or past policy for previous subdivisions built and street trees and landscaping. The Design Criteria Manual is silent as to the provisions for easements, and appears that it was at the discretion of the Building Department and those decisions may not have been consistently applied. Discussion was held regarding what is the use of rights-of-ways with the City Manager advising there are structures such as water and sewer lines used by other utilities that pay a franchise to the City for the use of these rights-of-way. Public Works Director Kaz Hamidian was asked his opinion on street trees and he stated their long term impact from street trees, sidewalks, utilities, streets and financial impact to the City for repairs, trees in the rights-of-way is a liability for vehicles and tree replacements, etc. Council stated does not have a problem with entryway landscaping, Council stated why change the rules after streets are poured and 40 houses are underway, has a real problem with this. Council stated change has not been made by the City, West Ranch has changed the profile of the development. John Hammond, Friendswood Development surveyed Autumn Creek residents and 96% of the residents want the trees. Mayor Smith stated he believes the City should honor the plans for West Ranch as approved but need to look at the long term planning for the landscaping at a later date and possibly amending the Design Criteria Manual. City Attorney John Olson stated the City has absolute control over it's streets and sidewalks and could determine and change the use of the rights-of-way at any time. The consensus of Council is that the City should continue with the same standard until there is a change made. Frank Manigold Deputy Director Community Development clarified the City has not allowed street trees for over two years and neither does League City and Pearland. The City Manager stated that the developer could landscape in rights-of-way at own risk. The discussion regarding expanding parking facilities at City Hall was not held but will be held at the next Council meeting. RECONVENE INTO OPEN SESSION 7:00 PM— REGULAR SESSION The invocation was given by Father Thomas Vellappallil with Mary Queen Catholic Church. Mayor Smith led the Pledge of allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Bobbie Jones, Friendswood resident from the Forest Bend Subdivision, thanked Mayor Smith and Council for coming to see the streets that are in deplorable condition, there are a lot of trees causing damage to streets and sidewalks, would like repairs to be done as quickly as possible and expressed concerns about hazards for emergency vehicles, would like Council to make this a priority this coming year. There are some serious problems and there may be some broken pipes underground from the street damage. Frank Ortiz, Friendswood resident from the Forest Bend Subdivision, stated there has been damage to the streets from the sewer system, it really needs to be repaired and would appreciate Council's consideration. 07/16/2007 2737 Elizabeth Wagner, Friendswood resident from the Forest Bend Subdivision, expressed appreciation for the street repairs that they have already received and stated she supports Ms. Jones' comments. A number of residents expressed their support of the request from Ms. Jones. Bea Morris, Friendswood resident from the Clover Acres Subdivision, requested status on the progress with the Texas Department of Transportation (TxDOT) on the Clover Ridge drainage off FM 2351 and asked what is being done. The City Manager advised they are working to contact TxDOT regarding the bridge on FM 2351 and are doing research with some positive information being determined. Ms. Morris asked if citizens can contact TxDOT to help with this project and asked about the ownership of easements through subdivisions with City Manager advising it is the responsibility of the City and the Drainage District. The Mayor asked Ms. Morris to speak to the City Manager to get an update and the City Manager advised that he would have a report to share on the next agenda. Kevin Holland, Planning and Zoning Commission member, stated he would like to respectfully ask the Mayor not to make changes providing for alternates to the Planning and Zoning Commission. A discussion at the last meeting was seen on the television channel regarding the proposal to add alternates to the Planning and Zoning Commission and is seeing a deterioration of knowledge with alternates sitting in the audience, is difficult to understand issues and would caution Council on this change and also would urge to keep a full 7 member commission for continuity and for informed members, there is very seldom an attendance issue. Mayor Smith provided an explanation on his initiative for this amendment to the Planning and Zoning Commission structure and it has nothing to do with attendance but with continuity, so that when a vacancy comes up then an alternate would be informed and could move up. Councilmember Hill stated being a liaison to this Commission has taught him a lot from attending the meetings and if there are alternates then they would have an informed pool to move up. Councilmember Ewing stated it is such an important Commission and the Chairman would have the prerogative to move an alternate up as needed and alternates are needed for a temporary basis. Councilmember Peden stated he would have less heartburn if an alternate is not a voting member. Kevin Holland stated he would not have enough heartburn and would like to have alternates have the same information as Commission members as a learning tool. Bob Bertrand, Planning and Zoning Commission member, stated he has a concern with the concept of the alternate being a voting member upon the Chairman's prerogative to move an alternate up as a voting member. The Planning and Zoning Commission is a long term commitment and would suggest looking at things that would nurture to keep members for long term consistency. 07/16/2007 2738 CITY MANAGER'S REPORT City Manager, Bo McDaniel reported on National Night Out, the Friendswood Police and Fire Departments are participating in National Night Out, Tuesday, August 7, 2007. This is the 24th year for the nationwide event, and Friendswood has been participating for more than 14 years. The event is designed to promote neighbors to get involved, gather together, socialize, and get to know each other in an effort to combat crime. The general premise being that if neighbors get to know one another, they will be aware of who or what is out of place in their neighborhood, and will call police to report suspicious activity. Local businesses are being encouraged to participate as well by turning on their exterior lights. Crime Prevention Officer Kevin Crouch is coordinating activities with several Friendswood neighborhoods that include visits from members of the police and fire departments. Crime prevention information, educational handouts, and giveaways for children are being provided. The City Manager reported on the Southeast Water Purification Plant(SEWPP) 80 MGD expansion which has been designed and is ready to be bid. The bid is delayed since not all signed contracts have been returned. All co-participants except Gulf Coast Water Authority (GCWA) have submitted their contracts. GCWA represents the City of League City and the City of Pearland. They are in the process of getting approvals from those cities to submit to the City of Houston. Houston informed us at the last meeting that there is a firm commitment from the GCWA that the contract will be on the board agenda on June 21, 2007. The City of Houston will take the contract to the Houston City Council 2-3 weeks after it is signed, and the project will be advertised nationwide for 90 days. Additionally, the consultant's original expansion cost estimate of$103M has increased to $130M. Recent projects such as this one have come in at 30-40 percent over the original estimates. Staff has budgeted $11,000,000 for the City's share of this project. The City Manager reported that the City Attorney should be able to advise when the expected closing date for the acquisition of the easement is set for the Glenshannon Drainage Project. The City Manager publicly introduced the City's new Interim Community Development Director, Leslie McMahen, P.E., and acknowledged Frank Manigold for his faithful service in the interim capacity as Community Development Director and also formally announced Frank's new role as Deputy Director of Community Development for Planning and Building Regulations. ACTION ITEMS **Mayor Smith moved to appoint Michael Barker to the Community and Economic Development Committee for a 3 year term ending 2010. Seconded by Councilmember Peden. The motion was approved 6-0. ***Councilmember Ewing moved to suspend rules of procedure for voting on each person individually. Seconded by Councilmember Peden. The motion was approved 6-0. 07/16/2007 2739 **** Mayor Smith moved to accept recommendations to Group A Boards, Committee, and Commissions as follows: A. Planning & Zoning Commission - Kevin Holland reappointed for a 3 year term expiring 2010 and Michael G. Brown and David O'Farrell appointed for 3 year terms expiring 2010. B. Zoning Board of Adjustment and Appeals - regular member David O'Brien, III reappointed for a 3 year term expiring 2010 and Ronald Dye and Delvin Kendrick appointed regular members for 3 year terms expiring 2010 and alternate member Linda Thornton reappointed for a 3 year term expiring 2010 and Carol A. Thelen and Glen Grayban appointed as alternate member for 3 year terms expiring 2010. C. Community and Economic Development-Jamie Ballard, Pauline Moore and Ed Sebesta reappointed for 3 year terms expiring 2010 and Michael E. Barker appointed for a 3 year term expiring 2010. D. Library Board - Pamela Beeth, Elizabeth Finger and Ruth Lay reappointed for 3 year terms expiring 2010 and Kim Brizendine appointed for a 3 year term expiring 2010. Seconded by Councilmember Ewing. The motion was approved 6-0. **Councilmember Peden moved to approve ratifying the Mayor's initiative calling for an ordinance to be prepared for consideration for a possible zone change request related to a 9.842 acre tract on FM 528, the Gardens at Friendswood Lakes (Senior Apartments), from Community Shopping Center (CSC) to Planned Unit Development with Specific Use Permit - Multi-Family Dwellings. (PUD/SUP-MuIti-Family Residential). Seconded by Councilmember Ewing. The motion was approved 6-0. Councilmember Peden moved to approve receiving a recommendation from the Planning and Zoning Commission for a zone change request for 5 acres out of a 9.842 acre tract, on FM 528, the Gardens at Friendswood Lakes (Senior Apartments), from Community Shopping Center (CSC) to Planned Unit Development with Specific Use Permit- Multi-Family Dwellings. (PUD/SUP-MuIti-Family Residential). Seconded by Councilmember Reid. The motion was approved 6-0. Councilmember Ewing moved to approve the calling of a joint public hearing to amend the Zoning Ordinance to (1) provide that event centers be permitted uses within the Single Family Residential zones subject to the granting of a Specific Use Permit therefore, and (2) amend the application procedure for Specific Use Permits to allow non-engineered concept plans to satisfy the requirements of Section 9-G-3 of the Zoning Ordinance. Seconded by Councilmember Hill. The motion was approved 6-0. ORDINANCES **Councilmember Ewing moved to approve the first reading of Ordinance No. 2007-08, an ordinance of the City of Friendswood Texas, by revising Section 2-69 of Division 3 of Chapter 2 thereof to provide for the appointment of alternate members to the Planning and Zoning Commission; providing other matters relating to the subject; and providing for severability. Seconded by Councilmember Hill. ***Mayor Smith moved to amend the motion to include in the provision to provide that a member must attend 7 meetings before they could become a voting member and appointed as voting member if requested to do so by the majority of the Commissioners present. Seconded by Councilmember Ewing. ****Councilmember Peden moved to table and send the proposed revision to the Planning and Zoning Commission to review. Seconded by Councilmember LeCour. The motion to table was approved 6-0. 07/16/2007 2740 **Councilmember Hill moved to approve the first reading of Ordinance No. 2007-09, an ordinance of the City of Friendswood Texas, An Ordinance amending Appendix C of the Code of Ordinances of the City of Friendswood, Texas, said Appendix C being the Zoning Ordinance of the City, by changing the zoning classification of a 5.0 acre tract of land, more or less, located at 1400 FM 528, from Community Shopping Center (CSC) to Planned Unit Development District (PUD); providing for the granting of a Specific Use Permit to authorize the use of property within said PUD for Multi-Family Residential purposes; providing for the amendment of the official zoning map; imposing certain conditions; providing a penalty in an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability with conditions for a safe room and backup generator. Seconded by Councilmember Ewing. ***Councilmember Hill moved to remove the conditions for a safe room and backup generator included in Paragraph B. Seconded by Councilmember LeCour. The motion was approved 5-1 with Councilmember Reid opposed. ****Councilmember Ewing moved to provide that this project is authorized for over 55 and older for primary occupant. Seconded by Councilmember Peden. The motion was approved 6-0. The main motion, as amended, was approved 6-0. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Mayor Smith recognized Deloris McKenzie for her 30 year career anniversary as City Secretary and thanked those that participated in the 4t" of July celebration who braved the weather and showed great support for our country and our City and gave thanks to those in management, Staff, Police Department, and the 4t" of July Committee, announced that Friendswood has been recognized as the 51 St City out of 100 in the country as the best place to live and only 6 in Texas were chosen and only one in this area, Friendswood was selected as one of the best because of the type of people that live here and congratulations to all of us for this recognition. Councilmember Ewing stated she finished up her vacation enjoying ecotourism, economic development is very important, in a recent visit to New Orleans an IMAX show was shown as to what wetlands can do for drainage. Thanks were given to Steve Huffman who retired off of the Library Board and also serves on the West Ranch Development Board. Bob Bertrand was recognized for his 19 years of service to the Planning and Zoning Commission and recognized the volunteerism spirit by the 4t" of July Committee and Staff and congratulated City Secretary Deloris McKenzie for 30 years of service. Councilmember LeCour congratulated Staff and the 4t" of July Committee for the 4t" of July event and was not surprised that Friendswood was selected as the best place to live. Councilmember Hill thanked Community Services Director James Toney and Staff for the 4t" of July celebration and recognized the City Secretary for 30 years of service, attended a Clear Creek Watershed Steering Committee meeting and reported on a bond issue that will benefit Friendswood with retention. Thanks were given to Frank Manigold for a job well done as Interim Director of Community Development and recognized Les McMahen as new Interim Community Development Director. Councilmember Peden stated he agreed on all the congratulations that were given to everyone and mentioned he attended the Texas Municipal League (TML) Legislative Roundup and will be asking for HB 1196, HB 1551 regarding nuisances to strengthen and SB 983 Election Administrator to be placed on a future agenda, is strongly opposed and thanked those for attending. 07/16/2007 2741 Mayor Smith stated the 4'h of July is a special time and recognized City historian Joycina Baker as the Grand Marshall and former Councilmember Mel Measeles as honorary Grand Marshall. CONSENT AGENDA "*Councilmember Peden moved to approve the Consent Agenda as presented A. Approve Banner Permit Application for Friendswood Community Church for FCC-Come as you are Beyond: Addiction, Rejection, Loss, Aloneness. B. Accept June 2007 Property Tax Report. C. Approve Minutes of July 2, 2007 Meefing. Seconded by Councilmember Hill. The motion was approved unanimously. A motion was made and approved to adjourn at 9:50 PM. Mayor David .H. Attest: . � Deloris M Kenzie, TRMC City Secretary a� �p EN�u� � �� U o # .�, a. 1��, . �,, ,_..,. .