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HomeMy WebLinkAboutCC Minutes 2008-04-21 Special 04/21/2008 2911 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( APRI L 21, 2008 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, APRIL 21, 2008, 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 MICHAEL BARKER COUNCILMEMBER JOHN LECOUR COUNCILMEMBER JIM HILL COUNCILMEMBER LESLIE REID COUNCILMEMBER ANDY RIVERA CITY ATTORNEY BOBBY GERVAIS ACTING CITY MANAGER ROBERT WIENERS 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 551.072— 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 A discussion was held with the Parks and Recreation Board, West Ranch Management District, Community Appearance Board (CAB) and Friendswood Development regarding West Ranch Park. Mayor Smith explained the history of the project and the location of the park area that was to be donated to the City. John Hammond and Jeff Anderson with Friendswood Development presented a PowerPoint presentation showing the various park area with 3 parcels of property, one has been platted and deeded to the Management District for holding and then donated to the City, at a date when the City determines, and the other two are in the process of being platted, to be held until determination of when and how the City will take the property, discussion was held regarding researching matching grant possibilities for Park development. Councilmember Reid asked if there are any conditions regarding the$1 million dollar funds set out in the utility services contract. Friendswood Development reported there are conditions set out in the utility services contract and stated there is a plan for a trailhead, landscaping, sidewalks, parking and other items. These amenities will probably take the $1 million dollars set aside. Discussed if can there be input from the Parks and Recreation Board and advised yes for the 47 acres along Clear Creek but the other park is almost complete. The parking for the trailhead is proposed to be street parking, point was made regarding the park dedication ordinance and the difference between a City and neighborhood park and the restrictions, thereof. Councilmember Rivera stated he sees 47 acres as a City Park and the other Park as a neighborhood park. Mayor Smith provided historical knowledge of the development of the plans and the City's desire to maintain control over these areas in this development, saw this as a minimal traveled park, the 47 acres is seen as a different use by the public. West Management District Board Member Stephen Sweeny asked what the timeline is and whether the City considers this as an option. Mayor Smith stated the agreement says that the City will take the parks and if wanted to change 04/21/2008 2912 then the City would need to change the agreement. Stephen Sweeny stated the agreement says it is an option and Mayor stated it is a very important part of the agreement and if removes it then it will leave a big hole and there are grave concerns regarding drainage. Councilmember Hill stated he would hope the West Ranch residents are kept informed. Mayor Smith stated he hoped this was beneficial to bring everyone up to date. The Parks and Recreation Board asked what was next and Mayor Smith suggested meeting with the West Ranch Management District and begin to work on the project. Friendswood Development stated they would like to see a vision statement for these parks. Mayor Smith stated this is the beginning of this process and not the end and the homeowners pointed out a part that will need the Army Corp of Engineers for a permit. Councilmember Reid asked about the future agenda and Mayor Smith stated he would like to see Parks and Recreation Board work on this and bring it back for Council's recommendation. Mayor Smith stated there are agendas posted outside City Hall, on the City's website and also can get the agendas through Groupbuilder. A discussion was held with the Planning and Zoning Commission (P&Z) regarding amendments to the Sign Ordinance. Chairman Gibson called the meeting to order to review proposed amendments to the Sign Ordinance. P&Z member Mark McLean headed up the process and is ready for Council's action on adopting amendments and was available for questions and answers, came to P&Z from Council to address non-conforming signs, concerned with statutory requirements and not enforceable, to bring in- line with Local Government Code, will identify non-conforming signs and give Staff a beginning point. Chairman Gibson stated Staff is asking what the intent is. Mayor Smith stated once it is in paper form, that is the direction for Staff, but when comes to intent, have to be careful and rely on the written document, if changes are needed then need to address with amendments to documents. Staff working well with Planning and Zoning Commission and bringing benchmark date as the date of the amending ordinance. A discussion was held with the Planning and Zoning Commission (P&Z) regarding amendments to the Subdivision Ordinance. Chairman Gibson proposed changes to platting to make things easier for large parcels of land. The City Attorney presented information as to developing the legal means to provide for the platting for large parcels of land and developing exceptions and the process for this exception, addressed partial platting process for some of the large parcels of land and unrecorded subdivisions that are mostly older subdivisions. Councilmember Hill asked if this will help West Ranch having to divide a lot, will it help this process and the 5 acre tract requirements. Mayor Smith stated West Ranch received a copy of proposed amendments. Community Development Interim Director Les McMahen advised that the West Ranch properties and the Tracy Goza Lingo Properties Inc. are almost identical with the same issues. Mayor Smith addressed the process for developing ordinances and the possibility of changing the process to provide for speeding up the ordinance process. Councilmember Rivera stated he would like sufficient time to review. Mayor Smith stated absolutely, it would not be an issue but should move as quickly as possible, but not too quickly to not review it completely. Councilmember Rivera asked if this would allow for P&Z to place items on the agenda, Mayor Smith advised no, considering the timeline for posting of ordinances. A discussion was held with the Planning and Zoning Commission regarding amendments to the Downtown District Ordinance for Supplemental Requirements. Chairman Gibson stated he separated non-conforming use to non-conforming structure and would apply if more than 50% is replaced within a 36 month period if damaged, new project non-conforming structure and new development definition, will provide clarity for downtown section. Councilmember Rivera asked if this only applies to Downtown District and that there are different rules for those outside of the Downtown District. The City Attorney stated they are not the same regulations and not the same zone. Mayor Smith clarified why the process changed and stated the next step will require a Public Hearing. The language from the Planning and Zoning Commission is in legal form and when Council receives it then Staff could have the ordinance prepared for the Public Hearing and could have P&Z meet the night of the Public Hearing and if there are no public comments then the ordinance is finalized for posting. Mayor Smith stated Council can go fast when appropriate, but when there are public comments then Council needs to move at a slower pace, will be leaving Public Hearings open until the first vote on the ordinance. P&Z is also looking at the process and are requesting workshops on future amendments. 04/21/2008 2913 7:00 PM— REGULAR SESSION The invocation was given by Pastor Bobby Kirkpatrick with Friendswood Friends Church. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. RECONVENE JOINT PUBLIC HEARING Mayor Smith and Planning and Zoning Commission Chairman Jim Gibson called a Joint Public Hearing to order, to receive comments from the public, either oral or written, regarding amending Appendix B, Subdivision Ordinance of the City of Friendswood Code of Ordinances, regarding revising platting requirements for various subdivisions of tracts, lots or parcels of land. No one spoke for or against the Subdivision Ordinance amendment. Hearing no further comments, Mayor Smith and Planning and Zoning Chairman Gibson closed this Joint Public Hearing. JOINT DOCKETED PUBLIC HEARING Mayor Smith and Planning and Zoning Chairman Gibson called a Joint Docketed Public Hearing to order, to receive comments from the public, either oral or written, regarding the following amending the Sign Ordinance of the City of Friendswood, Appendix A, regarding non-conforming and obsolete signs. No one spoke for or against the Sign Ordinance amendment. Hearing no further comments, Mayor Smith and Planning and Zoning Chairman Gibson closed this Joint Docketed Public Hearing. COMMUNICATIONS FROM THE PUBLIC Bea Morris, Friendswood resident, spoke on Resolution R2008-35 and asked for positive support for this item, there are several residents in the audience in support of this project for the continued progress on this drainage project. Friendswood residents Janel Yarberry, Paul Roehrig and Dorothy Wenzel did not speak but all showed their support of R2008-35 and the drainage project. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Paula Spiegelhauer with Patillo, Brown & Hill Auditing Firm presented the 2007 Combined Annual Financial Report (CAFR) with questions and answers following the presentation of the report. Patillo, Brown & Hill, the City's financial auditor, has completed its annual audit of the City's finances and a copy of the City's Comprehensive Annual Financial Report has been provided to the Council. Jean Bilderback Chair of the Senior Citizens Advisory Committee reported on various programs, complimented Staff that supports this program and thanked Mayor and Council for supporting this program, developing rules and procedures to be adopted and presented to Council, the Senior program is alive and well and moving forward. Council complimented the group. 04/21/2008 2914 ACTION ITEMS **Councilmember Hill moved to approve a request from the Heritage Gardeners for a letter of support for a Property Tax Exemption. Seconded by Councilmember Reid. The motion was approved unanimously. Consideration and possible action regarding naming the Public Safety Building and the policy regarding the process for naming a public facility was moved to the next agenda. RESOLUTIONS Councilmember Rivera moved to approve Resolution R2008-35 - A resolution of the City Council of the City of Friendswood, Texas, amending Resolution No. R2008-09, which approved an interlocal agreement with the Galveston County Consolidated Drainage District (GCCDD), by approving an increase in the cost of total funding set forth in said agreement for the joint construction of improvements to drainage on certain tributaries of Cowards Creek by approximately $28,656.80. Seconded by Councilmember Hill. The motion was approved unanimously. ORDINANCES **Councilmember Reid moved to approve the Second and final reading of Ordinance No. T2008-08, an ordinance of the City of Friendswood 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 amending Section 8 (N), Subsection 6 to provide an alternative to the minimum sidewalk requirement; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. (Amended on first reading 03/03/08) (tabled 3/24/08) Seconded by Councilmember Rivera. ***Councilmember Reid moved to amend T2008-08 providing for P&Z to have approval authority and to provide for continuous sidewalks from property to property. Seconded by Mayor Smith. The motion failed 2-4 with Councilmembers Rivera, Hill, LeCour and Barker opposed. ****The main motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Rivera stated he had no report. Councilmember Ewing gave a report on the Dare Graduation Ceremony at Windsong Elementary and thanked Dare Officer Dement for a job well done. The Spring Sparkle was a great success, 261 vehicles were donated along with cash donations to Habitat for Humanity, congratulated the Community Appearance Board for the FIG Festival, was a big success, congratulations to all, announced the Memorial Day Ceremony is set for May 26, 2008. Councilmember Hill reported he attended the Friendswood Fire Department and EMS Awards Banquet with Councilmember LeCour. Thanked Mayor Smith and Council for their support this year on the building of the new Fire Department and the new fire truck and equipment and reported the State awarded Friendswood as the best EMS in Texas. Councilmember LeCour stated he had no report. Councilmember Barker reported he attended the FIG Festival and stated it was very enjoyable and well attended. 04/21/2008 2915 •-- Mayor Smith reported he attended a number of the same meetings and agrees with Councilmember Hill about the Friendswood Fire Department and Friendswood EMS, congratulations to the Community Appearance Board (CAB) and to the City Staff that assisted in the FIG Festival, congratulations to the Chamber of Commerce, Historical Society and CAB for annual FIG Festival CONSENT AGENDA **Councilmember Rivera moved to approve the Consent Agenda as presented. Item A. Authorizing final acceptance of the Friendswood Lakes Subdivision, Section IV and authorizing Staff to release the Contractor from the one-year maintenance bond. B. Authorize the Mayor to execute agreements with Friendswood Area Swim Team (FAST) and the YMCA for the use of the Sesquicentennial Swimming Pool. C. Approve Minutes of March 03, 2008 Meeting Seconded by Councilmember Hill. The motion was approved unanimously. A motion was made and approved to adjourn at 8:03 PM. M r David J. . Smi h Attest: A-- � � Deloris McKenzie, TR C City Secretary ,r--