HomeMy WebLinkAboutCC Minutes 2008-06-02 Special 06/02/2008 2929
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
J U N E 02, 2008 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, JUNE 02, 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
COUNCILMEMBER ROBERT HOLBERT
COUNCILMEMBER MICHAEL BARKER
COUNCILMEMBER JIM BARR
COUNCILMEMBER JIM HILL
COUNCILMEMBER LESLIE REID
COUNCILMEMBER ANDY RIVERA
CITY ATTORNEY BOBBY GERVAIS
ACTING CITY MANAGER ROGER ROECKER
CITY SECRETARY DELORIS MCKENZIE
Mayor Smith called the meeting to order.
SPECIAL SESSION
A discussion was held regarding the Zoning Process and Zoning Classifications. City Attorney Bobby
Gervais presented an overview of the development of the zoning process for cities. There is
development of rules for zoning classifications, the Zoning Ordinance generally adopts the
Comprehensive Plan and then develop a zoning and then a zoning map is adopted for the City, setting
zoning standards in place and everything after that is rezoned, once developed and adopted then they
have to be used and address the pitfalls by not following the established process to avoid spot zoning.
Staff explained the processing of zoning applications. The applications are first reviewed by Staff to help
the applicant get the application correct, a Public Hearing is scheduled, public notification is given by
publication in the newspaper and letters to property owners within 200 ft. of the property are sent out and
a sign is placed onto the property to be considered for rezoning. Staff explained the process of having
the Planning and Zoning Commission (P&Z) vote on the same night as the Public Hearing as long as the
application is not contentious. Mayor Smith commented on legislative powers of the Council relative to
stating why they are voting for or against a zoning regulation and the City Attorney advised if Council
gives a reason, Council may be waiving legislative privilege or making a comment in advance as to
rezoning matters and it gives the perception that the Council member has made up their minds.
Discussion was held regarding what defines contentious, where is the dividing line to consider all that are
concerned. There are no written guidelines regarding contentious but the final decision is made by
Council, each member of Council considers the issue and votes on the request. Legal standards set the
floor but it does not necessarily set the ceiling. Mayor Smith gave a historical overview of the
development of Friendswood Lakes Subdivision and stated there has been a change in developer who
has a proposal to connect Friendswood Lakes I and II Subdivisions together. Staff has reviewed concerns
from the Friendswood Lakes Homeowners Association (HOA) and from the Public Hearing regarding the
commercial development at the frontage along FM 528 and concerns with a big box commercial
establishment. Lingo Properties developer Tracy Goza stated he has approximately 230 acres, 321 lots
and 9 acres of green space, there have been two developers previously and decided to approach the
plan a little differently, has worked with the HOA, Staff and P&Z to develop a plan, approached first
developer regarding acquiring spike strips but was not successful, land was virtually landlocked without
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the spike strips, City acquired spike strips easements, came up with a Master Development Agreement
on Council's agenda. Council will have to plat the easements, Lingo Properties will be paying for the
expense of the platting process and will build a boulevard a quarter to half a million dollars and $180,000
in identified drainage improvements, will lower the 100 year flood plain by about 2 inches. Discussion
was held regarding Community Shopping Center (CSC) designation which allows commercial to be in
CSC zones. The only way to restrict is under a Planned Unit Development (PUD). The Developer is
trying to keep the original plan for the Friendswood Lakes development in place and build out the
subdivision as planned. The City has paid more than a half a million dollars for easements to help
develop Brittany Bay Boulevard and retain green space, saving dollars in Mission Estates Subdivision on
a proposed drainage project for this subdivision with the drainage projects included in the Brittany Bay
project Council thanked Mr. Goza for the proposal, properties are still owned by the Bofysil family. Staff
presented information on all Zoning Districts and the Permitted Use Table (PUT), also provided
explanation of what is allowed in the districts regarding the application of the districts as it pertains to use.
Janis Lowe discussed the 2 acre tract of land known as Reserve H in Friendswood Lakes Subdivision
that the City purchased and asked Council what was the plan for this property and stated that the Master
Development Plan that is on the agenda for action tonight, that the Friendswood Lakes Subdivision HOA
is unable to approve the agreement at this time due to legal issues as to annexing the property into the
subdivision which has to be voted by 200 signatures. The HOA Board does not have authority and are
working to amend the covenant that would allow this to happen.
Tracy Goza stated his agreement is to allow the purchase of the property of a small parcel from the HOA
in return for the HOA's authority to sell the property.
A discussion was held regarding amendments to the Sign Ordinance regarding electronic digital
billboards. Staff presented information that electronic digital billboards are legislated by State
Government Code which does not allow electronic digital billboards.
CLOSED EXECUTIVE SESSION
Council convened into Executive Session in accordance with the Texas Government Code, pursuant to
Section 551.072: Deliberation regarding real property and Section 551.071 — Consultation with attorney
concerning pending or contemplated litigation; a settlement offer; or a matter in which the duty of the
attorney requires it.
Council convened into Regular Session at 7:00 pm with no action taken later in the meeting.
RECONVENE INTO OPEN SESSION
7:00 PM— REGULAR SESSION
The invocation was given by Pastor Dan Loaiza with Calvary Chapel.
Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas.
SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS
The Honorable Judge James Woltz administered the Oath of Office to Councilmember Jim Barr.
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A Distinguished Budget Award was presented to Administrative Services Director Roger Roecker,
Administrative/Accounting/Utility Department Director Cindy Edge and Budget Manager Katina Hampton.
This award is being given for the fifth year in a row.
A presentation was given by the Hospice Care Team, Inc., to Mayor Smith for his continued support for
the Tree of Life celebration, hope health and comfort.
A proclamation was presented to Dave Green recognizing the newly formed Friendswood Lions Club with
over 40 members participating in the chartering ceremony.
DOCKETED PUBLIC HEARING
Mayor Smith called a Public Hearing to order, to receive comments from the public, either oral or written,
regarding the re-adoption of the Juvenile Curfew Ordinance.
No one spoke for or against the Juvenile Curfew Ordinance.
Hearing no further comments, Mayor Smith closed this Public Hearing.
RE-CONVENE 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 the Zone classification
change request for 17.88 acres on FM 528 between Friendswood Lakes Boulevard and Desota Street
from Single Family Residential (SFR)to Community Shopping Center(CSC).
No one spoke for or against the Zone classification change request.
Hearing no further comments, Planning and Zoning Chairman Gibson closed this Public Hearing.
COMMUNICATIONS FROM THE PUBLIC
Fred Krch, Friendswood resident, addressed Council and stated he would like to speak on respect and
stated a registered letter was sent to the Mayor and the Mayor has not responded, further stated he is
requesting all of the authorities that prohibit speaking at Friendswood Municipal Court, does not expect a
response at City Council Meetings, that is Mayor Smith's prerogative and will place items on the agenda
at a later date.
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
Galveston County Economic Alliance (GCEA) President Don Gartman reported on the programs and
businesses located in Galveston County, presented a brochure of one success story and recognized
Economic Development Coordinator Karen Capps as the best Economic Development Coordinator in the
Cou nty.
Community and Economic Development Committee (CEDC) Chair Jamie Ballard gave the annual report
on the Committee and recognized past and present Committee members along with liaisons from other
committees and boards, Bay Area Houston Economic Partnership (BAHEP) and GCEA. CEDC is
meeting more often due to an increase in progress and reviewed some of the projects being worked on,
reported on three Chapter 380 grants that have been awarded and working with other committee and
boards developing great communication, Broker Day was very successful, commend Council on their
leadership, are rewriting Economic Development mission statement, reviewed 2008/09 goals including,
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but not limited to, Business Recruitment Task Force - New Primary Businesses, Business Retention,
expansion and growth, Development Task Force, Retail Business Development Tax Force and Funding
Alternatives to pursue diversifying tax base and funding alternatives.
Councilmember Reid reported on the City-wide meeting of all the City of Friendswood Homeowners
Associations (HOA). The first meeting was held on May 3, 2008, and 21 out of 64 HOA's were
represented at the meeting, appreciated Mayor Smith's report on the Comprehensive Plan and thanked
Fire Marshal Terry Byrd for his presentation on Hurricane Preparedness, meetings will be held quarterly,
next Council meeting would hope to have a workshop and develop an HOA Board which was a great
success.
Councilmember Reid gave a report regarding the City's Memorial Day program, thanked Council for their
unanimous support in allowing the program to be held, had lot of thoughts and asked a young Eagle
Scout, Grady Lesak, to develop a program and he worked tirelessly, thanked City Staff for helping,
involved schools, Boy Scouts and Girl Scouts, and local citizen participation, thanked citizens for
attending, the City had over 300 in attendance, publicly recognized Mr. Lesak and received a round of
applause.
Councilmembers Reid and Rivera reported on their "Citizens for Space Exploration" trip to Washington,
D.C. on May 19 - 21, 2008. There were 147 citizens representing 29 states with 49 of them from Texas
meeting with 333 Congressional offices from 45 states to speak on NASA and space exploration.
CITY MANAGER'S REPORT
Acting City Manager Roger Roecker reported on the Capital Improvement Project Progress/Status Report
on commercial activity including Development Review Committee meetings held.
The Acting City Manager reported on the EMS award received by Lisa Camp for Educator of the Year,
who won State and second in the Nation, fire fighter Roy Hunter also was given an award for Fire Fighter
of the Year.
SPECIAL SESSION
Discussion was held regarding a Veterans Memorial for the City of Friendswood. Former Councilmember
Jay Horecky, resident of Friendswood for 33 years, stated Friendswood is a patriotic community but
lacked a Veterans Memorial and had a goal to help make this happen, presented a brief video portraying
veterans of all agencies and recognized some of the Friendswood Veterans that were pictured in the
video, thanked his wife JoAnn Horecky, Steve Hyden and Marcus Rives for their help and the plans to
develop a permanent Trust Fund that will never cost the City anything, approximate cost is hard to arrive
at but there is no cost to the City except possibly electricity and will present drawings to Staff for review.
Council thanked them for an excellent presentation and announced donations can be made to
Veteransmemorial.org. Council mentioned they would like to see a link to the Veterans Memorial site on
the City's website and stated this would be a great addition to the first held Memorial Day Services.
Thanked everyone for all the hard work done over the last two years.
ACTION ITEMS
**Councilmember Barker moved to approve 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.
Seconded by Councilmember Hill. The motion was approved unanimously.
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**Councilmember Reid moved to approve a proposal from Integra Realty Resources to provide appraisal
services for easement acquisition for the 16-inch Water Transmission Line project and authorizing the
Mayor to execute the contract.
Seconded by Councilmember Holbert. The motion was approved unanimously.
**Mayor Smith moved to approve election of the Mayor Pro-Tem and recommended Councilmember
Andy Rivera to serve as Mayor Pro-Tem for one year.
Seconded by Councilmember Barr. The motion was approved unanimously.
**Councilmember Rivera moved to approve financing for OSSI Public Safety Software and authorize the
Mayor to execute the financing documents.
Seconded by Councilmember Holbert. The motion was approved unanimously.
**Mayor Smith moved to approve the recommendation of Cody Owen to the Community and Economic
Development Committee, for a term to expire in July of 2010.
Seconded by Councilmember Rivera. The motion was approved by unanimously.
**Mayor Smith moved to approve the recommendation of Lisa Ramsey to the Community Appearance
Board, for a term to expire in November of 2011.
Seconded by Councilmember Reid. The motion was approved unanimously.
**Mayor Smith moved to approve the recommendation of Mel Measeles as an Alternate Member for the
Parks and Recreation Board, for a term to expire in November of 2011.
Seconded by Councilmember Reid. The motion was approved unanimously.
**Mayor Smith move to approve the recommendation of Laura Ewing for the Parks and Recreation Board,
for a term to expire in November of 2010.
Seconded by Councilmember Reid. The motion was approved 4-3 with Councilmembers Hill, Barker and
Holbert opposed.
Councilmember Hill stated he has a problem with Laura Ewing being appointed to this board as she is an
environmentalist rather than an athletic supporter, the athletic players need to be represented to gain
more ball fields and would recommend that Doug Wrinkle be considered.
Councilmember Rivera suggested forming a committee of past members of Council as an advisory board
and would like to discuss this at the Retreat, it is possibly better served to appoint past elected officials to
this type of board rather than smaller boards.
**Mayor Smith moved to approve the recommendation of John Scott for the Parks and Recreation Board,
for a term in November of 2009
Seconded by Councilmember Barr. The motion was approved unanimously.
**Mayor Smith moved to approve Craig Kovacevich to the Fourth of July Steering Committee, for a term
to expire in November of 2011.
Seconded by Councilmember Reid. The motion was approved unanimously.
**Mayor Smith moved to approve the recommendation of Ruben Garcia to the Planning and Zoning
Commission, to fill an unexpired term to expire in July of 2009.
Seconded by Councilmember Barker.
After a lengthy conversation a vote was held on calling the question with Council voting to approve 5-2
with Mayor Smith and Councilmember Reid opposed.
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The motion was approved 6-1 with Councilmember Reid opposed.
RESOLUTIONS
**Councilmember Rivera moved to approve Resolution R2008-30: A Resolution of the City Council of the
City of Friendswood, Texas, determining that land is needed for construction, installation, maintenance,
operation, inspection, replacement, repair, and removal of certain public utility lines as part of the
Deepwood Force Main project; and authorizing the institution of eminent domain proceedings. (A. Todd
owner)
Seconded by Councilmember Barker. The motion was approved unanimously.
**Councilmember Rivera moved to approve Resolution R2008-45: A Resolution of the City Council of the
City of Friendswood, Texas, determining that land is needed for construction, installation maintenance,
operation, inspection, replacement, repair, and removal of certain public utility lines as part of the
Deepwood Force Main Project for the City of Friendswood, Texas; and authorizing the institution of
eminent domain proceedings. (W.J. Wasko and S.J. Brown owner)
Seconded by Councilmember Hill. The motion was approved unanimously.
**Councilmember Holbert moved to approve Resolution R2008-46: A Resolution of the City Council of the
City of Friendswood, Texas, determining that land is needed for construction, installation, maintenance,
operation, inspection, replacement, repair, and removal of certain public utility lines as part of the
Deepwood Force Main project for the City of Friendswood, Texas; and authorizing the institution of
eminent domain proceedings. (J. and C. Bulgier owner)
Seconded by Councilmember Barker. The motion was approved unanimously.
**Councilmember Reid moved to approve Resolution R2008-44: A Resolution of the City Council of the
City of Friendswood, Texas authorizing the Mayor to execute and the City Secretary to attest an
agreement by and between the City of Friendswood and the State of Texas regarding the installation,
construction, existence, use, operation and maintenance of a traffic signal and safety lighting on FM
Highway 528 at it's intersection with West Nasa Boulevard, and providing for other matters related to the
subject.
Seconded by Councilmember Rivera. The motion was approved unanimously.
**Councilmember Hill moved to approve Resolution R2008-47: A Resolution of the City Council of the
City of Friendswood, Texas, Authorizing the Mayor to execute, and the City Secretary to attest,
respectively, a Developer's Participation Agreement with Robert E. Smith, Jr., to allow developer the
opportunity to pay City the cost of converting a portion of the South Friendswood Force Main Diversion
Program to a gravity sanitary sewer, and thereby eliminating the need for a redundant sanitary sewer line.
Seconded by Councilmember Reid.
***Councilmember Rivera moved to approve an amendment to provide for time letter of credit that would
be req u i red to be i n fo rce a n d i n effect.
Seconded by Councilmember Reid. The motion was approved unanimously.
****The main motion as amended was approved unanimously.
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**Councilmember Rivera moved to approve Resolution R2008-48: A Resolution of the City Council of the
City of Friendswood, Texas, authorizing the Mayor to execute, and the City Secretary to attest,
respectively, a Master Development Agreement with Lingo FL West-land, LTD. and the Friendswood
Lakes Homeowners Association, Inc., to address development of Friendswood Lakes future sections
(The Subdivision) and extensions of Friendswood Lakes Boulevard.
Seconded by Councilmember Barr. The motion was approved unanimously.
ORDINANCES
**Councilmember Rivera moved to approve the Second and final reading of Ordinance No. 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 Reid. The motion was approved unanimously.
**Councilmember Rivera moved to approve 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. The motion was approved unanimously.
**Councilmember Rivera 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 Hill. The motion was approved unanimously.
**Councilmember Hill moved to approve the Second and Final reading of Ordinance No. 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 "lot"; 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.
Seconded by Councilmember Rivera. The motion was approved unanimously.
06/02/2008 2936
..-,
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Barker stated he had no report.
Councilmember Barr thanked his campaign supporters such as Faye Roberson and his wife Rochelle, wili
do his best to serve everyone and stated"Go Friendswood Mustangs".
Councilmember Hill reported he really enjoyed the Memorial Day celebration.
Councilmember Reid welcomed incoming Councilmembers Jim Barr and Bill Holbert and wished the
Friendswood Mustangs good luck.
Councilmember Holbert reported on Jay Horecky's presentation tonight and stated it was way over the
top and thanked Mr. Horecky and his wife JoAnn.
Councilmember Rivera welcomed incoming Councilmembers Jim Barr and Bill Holbert to Council, thinks
Council will be a good team and looks forward to a great year with a great team.
Mayor Smith reported that the Friendswood Mustang High School boy's baseball team will be leaving
Friendswood at 1:00 PM driving down Friendswood Drive to play in the State tournament and wished
them god speed.
CONSENT AGENDA
.—,
"*Councilmember Rivera moved to approve the Consent Agenda as presented A. Approve and authorize
the Mayor to execute a contract renewal with the Galveston County Economic Alliance for regional
economic development services. B. Approve Minutes of the April 21, May 5 and May 17, 2008 Meetings.
Seconded by Councilmember Barker. The motion was approved unanimously.
A motion was made and approved to adjourn at 9:19 PM.
Mayor David J.H. Smith
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