HomeMy WebLinkAboutCC Minutes 2008-03-31 Special 03/31/2008 2899
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
MARCH 31, 2008 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, MARCH 31, 2008 AT 6:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910
SOUTH 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 BOBBY GERVAIS
CITY MANAGER BO MCDANIEL
DEPUTY CITY SECRETARY MELINDA WELSH
Mayor Smith called the meeting to order.
6:00 PM—SPECIAL MEETING
A discussion was held regarding Downtown Development options with the Planning and Zoning
Commission (P&Z) and Community and Economic Development Committee (CEDC) members. Mayor
Smith clarified the reason for the meeting and gave an explanation on the purpose of the meeting. Mayor
Smith stated he has met with Tony Buzbee of Buzbee Properties Inc., and others interested in downtown
issues. Downtown is unique in that it has distinctive properties unlike the rest of Friendswood as in
drainage, aesthetics and lot sizes that are dissimilar. The type of investor that the City will attract will not
have Staff expertise and it will be a smaller or local investor. The Mayor presented a Downtown Plan of
Action and placed it on the overhead for others to view and stated the City would have additional Staff
support for the Downtown District such as Community Development Deputy Director Morad Kabiri. This
Staff inember would be available to help process issues and would like to put something more permanent
in place. There is a need to finish deregulation and feels this evening is a good opportunity to do so, is
interested in bringing Mr. Buzbee back to the table or anyone else that would like to develop.
Consideration should be given to create additional incentives to piggyback on Chapter 380 Program,
items on the Downtown Plan of Action are ideas for the plan to get back on track and would like to begin
by changing incentive programs. Councilmember LeCour stated Council has received feedback on this
issue and does not agree the incentive program is the problem, cost is not the problem, regulations are
the problem. A discussion regarding the feedback that Council has already received about regulatory
problems is in order. Councilmember Peden stated it sounds like Mayor Smith wants to have a
discussion of a holistic nature, tell Council what vision is and get down to business. Mayor Smith stated
the City has a problem with additional incentives and has done research on his own and believes this is
what needs to be done. Mayor Smith explained the Chapter 380 program and Chapter 378 program on
Neighborhood Empowerment Zone, Council could give to Community Economic Development Committee
(CEDC) for recommendations to Council on the Neighborhood Empowerment Zone, Chapter 380 is put
into place by resolution. Councilmember Ewing stated other ideas would be to fund lighting and
infrastructures regarding drainage issues. Councilmember Peden stated regarding Chapter 378 these
rebates do not go back to the developer or property owner and Mayor stated yes they would. Mayor
stated Council can be creative with Chapter 378. Economic Development Coordinator Karen Capps
stated with Chapter 378 the City can waive development fees and it would have to come out of the
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General Fund. CEDC Chair Jamie Ballard stated development will create tax revenues to fund the cost of
lighting, drainage and others. Councilmember Reid stated a tax rebate can be temporary. Karen Capps
stated State law will only allow for 10 years and the City does not have to rebate 100% either but it does
need to go through a public hearing process. Councilmember Reid asked what other communities do this
and Morad Kabiri stated other cities have done infrastructure reimbursements for road and utilities.
Councilmember Rivera stated there are practices that can be done at the City level that shows good faith
and that the City wants development to occur, thinks NEZ is a good program and is not that different from
Chapter 380 but it will show that the City wants the development. What has happened in the stock
market lately shows more of a need for these incentives. Councilmember Hill stated the City needs $8
million in drainage repairs and will have to rip up development to repair it, address the real problem on
how a citizen can get a building permit in a timely manner, the economy of the country has changed in the
last 6 months. Mr. Buzbee has reservations on what he wants to do, will the City do the drainage and fix
the permitting process, developers do not want incentives they want problems fixed. Mayor Smith stated
drainage issues come later in the agenda which is a much bigger issue. The problem solving today will
have an immediate impact on development right now. The Mayor stated he wanted to get to the easiest
ones first and then get to the harder items, thought they would get bogged down in the harder items.
Karen Capps stated they can have a Chapter 378 and Chapter 380 at the same time. Councilmember
Peden stated to go ahead and give this to CEDC to work on. Councilmember LeCour stated he does not
want to waste CEDC's time with this if drainage issues and regulatory issues are not solved, need to work
on the main things stopping development and drainage is a huge problem, if water cannot get out you
cannot build, pavement and lighting aesthetics need to be consistent, wants Council to use their time on
things that matter, will be a complicated process on how to give these incentives, need to talk about using
funding to solve drainage problems, bury power lines, sidewalks. Councilmember Reid stated she is in
agreement that drainage, burying power lines and sidewalks need to be solved, can we do at the same
time as incentives. Mayor Smith stated can work on at the same time, Council needs to work on big �
infrastructure problems, CEDC can work on their advice and Council can act on it. Councilmember
Peden stated funding for NEZ is an issue, wording was too vague on the 4B Sales Tax in the past, a
vision without a venture is a waste, 46 can pass if it is done right. Councilmember Rivera stated he
agreed with Councilmember Peden. The Mayor stated that Council is giving CEDC direction to create
additional incentives with Chapter 378 and Chapter 380 programs.
Mayor Smith explained staffing support issue, suggestions are to have additional Staff as an ombudsman
to walk someone through development process, can be done in a consultant capacity or as an executive
director to a Local Government Corporation (LGC), can raise funds, buy property, is run by a Board of
Directors, have a Downtown Coordinator, Deputy City Manager or Executive Director to a 4B Economic
Development Corporation. Councilmember Rivera stated he disagrees on this one, is putting the cart
before the horse, if the City puts another layer in and if that individual cannot effect change then it would
do no good, look at the process the City already has and make improvements with the Staff that the City
already has, let Council see how it can solidify and fix the process. Mayor Smith stated City Manager Bo
McDaniel and Community Development Director Les McMahen have been working on a flow chart of
information on steps on how to go through the development process and will give to Council for feedback
on improvements. Councilmember Hill stated somebody needs to have authority to do something, it
would do no good to have flow charts or another person. Planning and Zoning Commission (P&Z)
member David O'Farrell stated he has had a problem with platting with the City in the past 20 years, it is
confusing, should have a consultant who is for the developer and not tied to Staff. P&Z Vice Chair Sherry
Weesner stated all Cities have development problems, problems lately have been due to
miscommunication or lack of communication for both parties, the City should have an outside consultant.
Councilmember Hill stated he knows someone who builds green buildings in the State of Texas and in 50
other cities and Friendswood is the most difficult to build in. Mayor Smith stated Friendswood is different
than all other cities, need to simplify and deregulate laws and should empower City employees to follow
process. Councilmember Ewing stated she has a concern having an Executive Director to LGC, the ^
person would have too much power, likes the consultant idea. Councilmember Rivera stated he has no
problem with a consultant or coordinator. The Mayor asked Councilmember Rivera what he thought
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about having a consultant look at the City's process. Councilmember Reid stated the City shouid
definitely have a consultant involved in the process. Councilmember Peden stated he wanted to solve
this problem during his Council tenure, is disappointed that it is not done. Councilmember Rivera stated
problems have been identified and the purpose of the meeting tonight is to come up with solutions. David
O'Farrell suggested hiring Cheri Skelton as a consultant, can take through the process, can argue eye to
eye and knows the ordinances left and right as a former City employee. P&Z Chair Gibson stated some
of the problem is on the front end with getting Council consensus, is surprised that Staff interprets P&Z
intent like they do sometimes, it is different, did not know there was a problem with Mr. Buzbee until the
letter was received, believes the consultant should be independent and the sidewalk issue should be
solved. Councilmember Hill stated the sidewalk issue has been micromanaged and would like to give
more to P&Z. P&Z Vice Chair Weesner stated she did not say Friendswood had no development
problems but is saying other cities have theirs also, Staff is overbooked and overworked, there is no
person to focus on getting the problems solved, a part-time or full-time Staff person or consultant should
work on process details and use a check list or flow chart. P&Z member Michael Brown stated City
government is tough and does not use a lot of common sense. Council needs to be unified and should
not take so long, if he was a developer he would be frustrated, too long to put contractors off, having a
person to work with them is a good idea. P&Z member Mark McLean stated he is a visual person and
does not get information he should have for the meetings, there needs to be more Staff and needs
guidance from Council to make progress, have reworked ordinances, P&Z is in a holding pattern. Mayor
Smith stated developers do not always get their documents to Staff in a timely manner and that is part of
the problem, there is a chicken and egg problem. P&Z Member David O'Farrell stated problems have
been around 20 years, ordinances have value, just look at some of the bad looking buildings and you will
see problems with no rules. Councilmember Peden stated Staff should do packets with all forms put
together for example Commercial-CSC, hand them a packet with forms on what they need to do along
�„ with a checklist, the capricious nature of how some of the rules are applied are part of the problem
although thinks some of them are exaggerated. Mayor Smith stated before Council takes any significant
action, in order to affect change, Council needs to decide what to do. Councilmember Hill stated Staff
should be asked anonymously what their suggestions are. CEDC Chair Jamie Ballard stated the City
should have a consultant to review the process, the developers are not getting their hand held, there is
Staff that it is in their job description and do not know if they are overworked or understaffed or do not
know their job description, a consultant is a great idea for a short-term solution. P&Z member O'Farrell
stated the big developments should have more hours with the consultant. Mayor Smith stated need to
analyze existing processes with the consulting firm, fill permanent relationship with the consultant as an
advocate for development. Councilmember Peden stated should have P&Z and Staff do that and do not
necessarily need a consultant. Mayor Smith stated should have P&Z discuss the plans to move forward
and get back to Council. P&Z Chair Gibson stated P&Z would do this.
Mayor Smith explained long term needs in conjunction with Multi-Year Financial Plan, discussed need for
drainage measures, how will they get paid, who funds the money, could charge impact fees if the City
does the infrastructure, could require developers to do. Councilmember Peden stated he was not a
supporter of the 4B Sales Tax when it was presented in 2001, was no timeline on when it would be
completed, wording on a new 4B Sales Tax election should have landscape architect group on where
sidewalks should be, do for 7 years, drainage infrastructure and lighting in downtown only, would bury
power and data lines, current Public Safety,Building would be a pedestrian park with large trees, if
citizens want to extend after 7 years they cart,'define exactly what you are going to do with the money,
voters would not have to come back later'wrtth a petition to get rid of it, strongly supports, not enough time
to do before November 2008, would maKe downtown attractive, time to step up and do it, voters should
decide. Councilmember Rivera stated he agrees.yvith part of what Councilmember Peden stated, should
use for any economic development, is prematur�with 3 new Councilmembers coming on and is 60 days
too early. Councilmember Hill stated he disagrees with Councilmembers Peden and Rivera, needs some
� parks to play ball, the Mayor had stated��,cent for economic development and %4 cent in sports parks,
developers would pay for sidewalks and street lights but drainage is fundamental. Councilmember Ewing
stated the City has to put money in for parks, is a crisis situation that is only getting worse. Trust For
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Public Lands has done research, when you attach sales tax for parks and green spaces it usually passes,
deal with downtown also with lighting, bury power lines, etc., is a win-win if you do part economic and part
parks, combination of the 2 is the only way it will pass. Mayor Smith stated all of Council have different
ideas and opinions, look at the entire financial plan with the City. Council should take up spending time
with big ticket capital issues and develop a referendum item for 46 Sales Tax for next May 2009, should
explore possibilities for grants, this is the only tax that can be spread out to all consumers in
Friendswood. Councilmember Rivera stated he would like to do parks quicker and not wait until next
May, is a strong supporter of parks. CEDC Chair Jamie Ballard stated he saw the Capital Improvement
Projects (CIP) Report last year and was surprised at how slow the process is in getting anything done in
government and how many of the improvements were behind schedule. P&Z Chair Gibson stated he
agrees with a little of what all of Council stated, need to fix drainage and bury electrical lines, City should
pay for streetscape and sidewalks in downtown as in FM 528. Mayor Smith stated liaison positions work
very well, keep informed of what other committees are doing. Councilmember Reid asked in order to do
4B Sales Tax election in November you have to have a referendum by August and Mayor stated yes.
Mayor stated what was missing in the past is getting out information to the public and should give plenty
of time for education, City cannot publicly promote but can only provide information to the public.
Mayor Smith explained in detail about 4B Sales Tax, can only do '/2 cent, can use for what voters decide
on referendum. Councilmember Rivera stated 60% of sales tax is generated by people living outside the
City.
Mayor Smith stated when Council last had a discussion about sidewalk issue, some things were left open.
Councilmember Rivera stated Council should set policy, went from 15 ft. paved sidewalks to 8 ft.
sidewalks. Councilmember Hill stated he agrees that Council should set policy, too far built to try and
start from scratch, give P&Z basic and minimum guidelines, Mr. Buzbee wants 15 ft. sidewalks, if require „�;
that for all would have to tear down big oak trees. P&Z Vice Chair Weesner stated first 4 ft of 15 ft.
sidewalk is landscaping. Councilmember Ewing stated using pervious concrete would be helpful.
Councilmember Rivera stated ordinance does not need to be specific, wants City Staff to step up to the
plate and make a recommendation, time is money for developers. Councilmember Reid stated her only
concern with the sidewalk issue is consistency, make the rule that you have to match the business next to
you. Mayor Smith stated should not be too specific. Councilmember Hill stated do not take private
property to do this. Mayor Smith stated Council is not asking P&Z to redraft a recommendation, Council
will discuss sidewalks again April 14, 2008. Further discussion was held regarding sidewalks.
This meeting was adjourned at 8:30 PM.
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Mayor Davi J.H. Sm
Attest:
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Del ris McKenzie, TR C v O
City Secretary *
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