HomeMy WebLinkAboutCC Minutes 2008-05-19 Special OS/19/2008 2923
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
MAY 19, 2008 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, MAY 19, 2008, AT 6:00 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 (outgoing)
COUNCILMEMBER ROBERT HOLBERT (incoming)
COUNCILMEMBER MICHAEL BARKER
COUNCILMEMBER JOHN LECOUR (outgoing)
COUNCILMEMBER JIM HILL
CITY ATTORNEY BOBBY GERVAIS
ACTING CITY MANAGER ROGER ROECKER
CITY SECRETARY DELORIS MCKENZIE
SPECIAL SESSION
Mayor Smith called the meeting to order.
RESOLUTION
Councilmember Hill moved to approve Resolution No. R2008-43 - A resolution canvassing the returns
and declaring the results of the General Election held on May 10, 2008, for the purpose of electing two (2)
Councilmembers to the City Council of the City of Friendswood.
Seconded by Councilmember Peden. The motion was approved 5-0.
COUNCILMEMBER- POSITION NO. 1
JIMBARR.................................................................................................899 votes
BRETT A. NICHOLS..................................................................................516 votes
COUNCILMEMBER- POSITION NO. 5
BILL HOLBERT........................................................................................1099 votes
Comments from Candidates, Outgoing Councilmembers and Incoming Councilmembers were given.
Candidate Brett Nichols thanked the citizens, voters and thanked the City Secretary's office Staff for
helping navigate the election process, asked Council to remember that this is one City and to make good
decision's and wished God speed.
Newly elected Councilmember Bill Holbert recognized his family and thanked them for their support and
looks forward to serving the City of Friendswood.
Mayor Smith gave thanks on behalf of the citizens and the City Council with plaques presented to
Councilmember LeCour and to Councilmember Peden.
OS/19/2008 2924
Councilmember LeCour thanked council for his sojourn on Council, it was an absolute pleasure serving
and living in the City of Friendswood, it has been an honor to serve and has been a great learning
experience with a great knowledge base and plans to take what has been learned to serve in other
capacities, also recapped on Budget restraints, items that have been achieved and the disappointments
of the things that were not achieved, such as the Sunmeadow Golf Course.
Councilmember Peden thanked all the Mayors who came before him to lay the foundation for the City of
Friendswood to make lives easier and better for citizens. The future of Friendswood is bright, the City has
money and is blessed with natural resources and investors are interested in coming here to develop, a lot
was done but there is still a lot more to do, really appreciates Staff and what a great job they do, there is a
great deal of respect, the City is efficient and effective due to great Staff and volunteers not because of
Council, there is still a lot for Council to continue to do and will look ahead for the great things that still
need to be accomplished and is glad to have been a part of it.
OATH OF OFFICE
Honorable James W.Woltz administered the Oaths of Office for newly elected Councilmember Bill
Holbert.
RECONVENE INTO OPEN SESSION
7:00 PM— REGULAR SESSION
The invocation was given by Pastor Jim Nelson with Good Shepherd Episcopal Church.
Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas.
SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS
Acting City Manager presented Norm Stuart with the Five Star Spirit Employee Award for the First Quarter
of 2008, Norm is the Safety and Training Coordinator in the Friendswood Administrative Services
Department.
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 amending Appendix C, Zoning
Ordinance (Downtown District) of the City of Friendswood Code of Ordinances, regarding supplemental
requirements for new developments and where a structure has lost its nonconformity.
No one spoke for or against the Zoning Ordinance.
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 amending Appendix B, Subdivision
Ordinance of the City of Friendswood Code of Ordinances, Section III, regarding maximum block lengths.
No one spoke for or against the Subdivision Ordinance.
Staff provided a clarification from Staff regarding definitions and a slight recommendation to permanent
signs in nonresidential districts.
OS/19/2008 2925
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 amending Appendix A, Sign
Ordinance of the City of Friendswood Code of Ordinances, Section 1, Definitions, and Section 22,
Permanent signs in non-residential districts.
No one spoke for or against the Sign Ordinance.
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 Zone Classification change for a
tract of land containing 17.88 acres out of Lot 4, Burgess Subdivision, property located at FM 528
between Friendswood Lakes Boulevard and Desota Street, Galveston County, TX, change from Single
Family Residential (SFR) to Community Shopping Center(CSC). (Bofysil Estate)
Monroe Kelsey, surveyor and representative of the owner of the 17.88 acre tract of land, spoke in favor of
the request and requested Council to approve change to commercial, depth of tract is 600 ft. deep, about
1100 feet along FM 528.
Glenn Grayban, President of Friendswood Lakes Homeowners association (HOA), spoke in favor of the
request and stated he is speaking on behalf of 400 residents who do not want a box store, open to many
different types of commercial businesses but is looking for more upscale and unique businesses, two
parcels 8 acres and 2 acres were purchased by the City for Friendswood Lakes Boulevard and thanked
the City for doing this and asked the City to consider selling this to the developer to be used by the HOA,
this could be a win/win situation, Friendswood Lakes residents would have land to provide for more green
space in the neighborhood, thanked the City for all that has been done and for all that could be done,
Friendswood Lakes HOA supports this request for rezoning with attention given to this property that the
City owns.
Mayor Smith asked for Staff clarification regarding "Big Box" development. City Planner Mona Miller
clarified Community Shopping Center (CSC) is for larger development and is allowed in this zone and
could be used for multi-commercial facilities. Planning and Zoning (P&Z) stated some big boxes in some
area's such as the Woodlands are attractive. Possibly high end facility would not be problematic.
Friendswood Lakes HOA stated they would prefer to stay away from discount stores.
Hearing no further comments, Planning and Zoning Commission Chairman Gibson closed this Public
Hearing.
Council left open the Joint Docketed Public Hearing for a future meeting.
COMMUNICATIONS FROM THE PUBLIC
There was no request from the public to speak before Council.
CITY MANAGER'S REPORT
The City Manger reported on one of our police administrative staff inembers Captain Jimmy M. Holland
who was recently recognized for his outstanding service to the community and was honored by the 50
Club of Galveston County as Friendswood Officer of the Year. Captain Holland is a 36 year law
enforcement veteran, having spent the last 33 years with the City of Friendswood. During that time,
Captain Holland has experienced many changes and challenges. He has held the rank of sergeant,
lieutenant, and Captain. He also served as interim Chief for several months. Captain Holland has seen
the Department grow from six full-time officers and one dispatcher to 55 sworn and 28 civilian employees.
During his time of service the community has grown from 4,000 citizens to 35,000. The trust and
confidence that Captain Holland enjoys is not limited to the department. Citizens, other City departments,
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and many others in law enforcement call upon Jimmy for his expertise. In a City of 35,000, many long-
term residents consider Jimmy "their" police officer. Jimmy is truly a role model to those he works with
and an ambassador to our community. No job is too great or too small. Whether he is overseeing a
capital project or volunteering to provide refreshments to patrol officers along a parade route, Jimmy does
it eagerly and to the best of his ability. Captain Holland has flawlessly supervised the logistical operations
of the police department both daily and in times of crisis, such as Tropical Storm Allison and Hurricane
Rita.
ACTION ITEMS
**Councilmember Hill moved to approve a proposal for engineering services from Claunch & Miller, Inc.,
for the Prairie Wilde Drainage Project and authorizing the Mayor to execute the contract.
Seconded by Councilmember Barker. The motion was approved 4-0.
No action was taken regarding an offer from a group of Friendswood veterans who wish to erect a
significant Veterans Memorial on City property adjacent to City Hall and upon completion will be donated
at no cost to the City. Action will be taken at the following meeting when a full Council is present.
RESOLUTIONS
**Councilmember Hill moved to approve Resolution R2008-42 - a Resolution of the City Council of the
City of Friendswood, Texas, authorizing Harris County to temporarily place sections of Friendswood Link
Road on the Harris County Road Log, and to permanently place the proposed traffic signal at Blackhawk
Boulevard at Friendswood Link Road on the Harris County Road Log; and providing for the effective date
thereof.
Seconded by Councilmember Barker. The motion was approved 4-0.
ORDINANCES
**Councilmember Hill moved to approve the second, 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.
Seconded by Councilmember Holbert. The motion was approved 4-0.
**Councilmember Holbert moved to approve the second and final reading of Ordinance T2008-10, 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 amending
Subsections (b), (d) and (e) of Section 1 thereof to authorize the approval of plats of certain subdivisions
that do not include all of the parent tract being divided, to provide for partial plat approval, to amend
exemptions to the platting requirement, and to update definitions; 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 Barker. The motion was approved 4-0.
OS/19/2008 2927
**Councilmember Hill moved to approve the second and final reading of Ordinance T2008-11, an
Ordinance of the City of Friendswood amending Appendix A of the Code of Ordinances of the City of
Friendswood, Texas, being the City's sign ordinance, by deleting from Section 1 thereof the definition of
"obsolete sign" and substituting therefor a new definition; by deleting all of Section 25 thereof, entitled
"obsolete signs," and substituting therefor a new Section 25; and by deleting all of Section 26 thereof,
entitled "lawfully non-conforming signs," and substituting therefor a new Section 26; providing that
obsolete signs shall be brought into compliance with City ordinances or removed prior to the first
anniversary date of such non-compliance; providing a definition of and regulations governing a "lawfully
non-conforming sign"; providing a penalty in an amount of $2,000 for violation of any provision hereof;
repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; and providing for
severability.
Seconded by Councilmember Holbert. The motion was approved 4-0.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Barker stated he had no report.
Councilmember Hill congratulated Captain Holland on his recognition, has known Captain Holland since
1976 when he was new to the Police Department, Captain Holland is was a fine man then and even a
finer man now, he exemplifies what a good fine Police Officer and a fine man should be.
Councilmember Holbert stated he had no report.
Mayor Smith stated he agreed with Councilmember Hill about Captain Holland on his recognition, spoke
on power outage and Texas New Power (TNP) and thanked Acting City Manager Roger Roecker and
Staff that helped make sure everyone was safe and thanked the Fire Marshalls Office (FMO) and TNP for
getting the power back on quickly, announced Friendswood Prayer Breakfast celebrated graduates from
Friendswood Independent School District (FISD) and from Clear Creek Independent School District
(CCISD), Congratulated Councilmember Reid for hosting the first Homeowners association group
meeting, it was a good turnout and very successful.
CONSENT AGENDA
**Councilmember Hill moved to approve the Consent Agenda as presented A. Authorizing acceptance of
the utility improvements in Windsor Manor Subdivision for the contractor's one-year maintenance period.
B. Authorizing acceptance of partial public paving and utility improvements for the Mary's Creek
subdivision for the contractor's one-year maintenance period. C. Authorizing an amendment to the letter
agreement with the Texas Water Development Board regarding deadline extensions on the contract for
the Flood Protection Planning Grant for the Cowards Creek Watershed Study. D. Accept April 2008
Property Tax Report. E. Approve Minutes of the April 7 and April 14, 2008 Meetings.
Seconded by Councilmember Holbert. The motion was approved 4-0.
ORDINANCES
**Councilmember Barker moved to approve the first reading of Ordinance T2008-12, 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, Subsection N, regarding
nonconforming uses and structures; 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 Holbert. The motion was approved 4-0.
OS/19/2008 292g
..,
**Councilmember Hill moved to approve the first reading of Ordinance T2008-13, an Ordinance of the
City of Friendswood amending the Code of Ordinances of the City of Friendswood, Texas, Appendix B
"Subdivisions", and being an ordinance providing rules and regulations governing plats and the
subdivision of land, by adding new Subsections (H)(3), (H)(4) and (H)(5) to Section III, providing
discretion to the Planning & Zoning Commission to approve block lengths for streets that exceed the
maximum permitted block length, if certain conditions are met; 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 Barker. The motion was approved 4-0.
*"Councilmember Hill moved to approve the first reading of Ordinance T2008-14, an Ordinance of the
City of Friendswood amending Appendix A of the Code of Ordinances of the City of Friendswood, Texas,
being the City's Sign Ordinance, by amending Section 1 thereof by adding definitions for ""development"
and "IoY'; and by amending Section 22, entitled "permanent signs in nonresidential districts," by providing
for additional monument signs for certain business complexes; providing a penalty in an amount of
$2,000 for violation of any provision hereof; repealing all ordinances or parts of ordinances inconsistent or
in conflict herewith; and providing for severability. Also to include clarification of definitions as
recommended by Staff.
Seconded by Counci�member Barker. The motion was approved 4-0.
*''Councilmember Hill moved to approved the first reading of Ordinance T2008-15, 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 changing the zoning classification of a certain 17.88
acres on FM 528 between Friendswood Lakes Boulevard and Desota Street within the City from Single
Family Residential (SFR) to Community Shopping Center (CSC), such tract being out of and a part of lot ,�,,
4 of the Burgess Subdivision as recorded in Volume 119, Page 14, in the office of the County Clerk of
Galveston County, Texas, as recorded at Film Code Number 004-10-2007 of the official public records of
real property of Galveston County, Texas; providing for the amendment of the City's official zoning map;
providing a penalty in an amount not to exceed $2,000.00 for each day of violation of any provision
hereof; and providing for severability.
Seconded by Councilmember Holbert.
**Motion by Councilmember Hill to table Ordinance T2008-15, an Ordinance of the City of Friendswood
amending Appendix C of the Friendswood City Code.
Seconded by Councilmember Barker. The motion was approved 4-0.
A motion was made and approved to adjourn at 8:26 PM.
Ma r David .
Attest:
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D loris cKenzie, TRMC V O ^'
City Secretary * *
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