HomeMy WebLinkAboutCC Minutes 2008-12-15 Special 12/15/2008 3050
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STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
DECEMBER 15, 2008 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, DECEMBER 15, 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 ANDY RIVERA
COUNCILMEMBER MICHAEL BARKER
COUNCILMEMBER JIM BARR
COUNCILMEMBER JIM HILL
COUNCILMEMBER LESLIE REID
COUNCILMEMBER BILL HOLBERT
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 a Charter amendment related to City Manager residency requirements.
Staff provided three different alternatives. Councilmember Reid suggested providing changing the
wording to state that the Council may determine and impose a residency requirement. Councilmember
Rivera suggested first deletion and Councilmember Barker stated he agrees with both Councilmember
Reid and Barker and Councilmember Hill stated he agrees with Councilmember Reid. Councilmember
Barker suggested the first deletion. Councilmember Holbert stated the first deletion falls in line with past
Charter Review Committee recommendation and could become a discrimination issue and stated Staff
could bring ballot wording back to Council for the second Council meeting for consideration for the first
and third suggestion. If the language is removed, then it is simply not a Charter mandate but can be
written into a contract. Council came to the consensus to consider number one and three for suggested
wording.
A discussion was held regarding FM 518 Access Management Study Implementation/Median Placement.
Councilmember Holbert stated he has talked to a lot of neighbors who have looked at the turning lane as
a god-send to safely let in and out of property with probably about 9 private residences and approximately
5 subdivisions and commercial development areas, prefer to leave as is, think the medians are life safety
issues and this will effect the lives of those who live in this area and also thinks esplanades would be a
dangerous factor and realize it is a gift horse from the Texas Department of Transportation (TxDOT).
Councilmember Rivera stated the benefit has been seen in the City of Pearland and the State is going to
do it based on the safety survey, the State will do something with or without input from the City.
Councilmember Barker stated the State would leave the City alone for now but would come back
eventually. Councilmember Barr stated how much input has been received as to how medians are
constructed and thinks the medians would serve a purpose and removing some would also be helpful to
some as well, does not want to impact existing home sites, if the City has the flexibility as to when and
where to be placed then he could support. Councilmember Barker stated he has had a lot of input and
„r cannot violate engineering standards, will need to have some flexibility with growing pains going from
rural to more urban area, depending on the funds. Councilmember Barker asked have there been any
requests for medians from residents in this area, due to safety or accidents and if there were any signs
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that this is a dangerous area without medians. Police Chief Wieners stated no and also stated there are
only about three accidents in this area per year. Councilmember Barker asked if there is any area in
Friendswood that medians compound accidents. Police Chief Wieners stated FM 2351 was the most
problem area and some areas of FM 518 and FM528 have problems due to high speed, thinks it is not
broken and it should be left alone. Councilmember Barker stated this is not being driven by residents; it is
a funding from TxDOT that we may turn down. Mayor Smith stated there may not be complaints due to
the lack of number of residences in this area, with West Ranch building out that may change and at some
point the building cycle will build back up and additional traffic will occur. There are some areas that are
high speed and have developed with traffic issues. FM 518 has a long stretch for median and combine
with accelerated lanes, looking at the best of both worlds, combine the finro and the City would not need
all of the TxDOT funding. Councilmember Barker stated looking out ten years from now it may be
needed, no one has called him and asked for medians but have had calls wanting to modify medians.
Councilmember Barr asked Chief Wieners if inedians would be helpful with traffic on FM 528 and Bay
Area Boulevard and Chief Wieners stated the Iong turn lane there would be a lot of problems and thinks
putting in medians would cause traffic flow problems. Councilmember Barr asked if the City can take part
of the funding and remove the medians at Hunters Creek. Chief Wieners stated he would suggest
looking at the medians at Melody Lane and does not think it causes good traffic flow. Councilmember Hill
stated he talked to Community Development Coordinator Karen Capps and she stated access is very
important to businesses, medians can be a deterrent eventually, TxDOT is concerned with getting traffic
from League City to Pearland, and Council is only concerned with traffic in Friendswood. Councilmember
Rivera stated the City is very fortunate to have medians but is very concerned with the intersection at FM
528 and FM 518, a median would make sense at this location and would like to see the City Engineer
work with TxDOT to see what can be done. Councilmember Barker stated it is almost impossible to
modify and it has to meet TxDOT engineering requirements, has seen changes made but does not know
how easy that would be. Councilmember Barr stated he heard from Hunters Creek that they have been
approved for modifying the median at this entrance. Councilmember Barker stated he does not think it is """
broken and does not think it needs to be fixed. Councilmember Reid stated to look at what options there
are and may have to do some homework and not take the whole package. Councilmember Barr asked is
the plan for FM 518 and FM 528. Interim Director of Community Development Morad Kabiri stated the
plan is for FM 518 but intersection at FM 518 and FM 528 could be a part of that plan. Mayor Smith
recapped and stated to review and maximize what is needed but minimize impact to the citizens.
Councilmember Rivera stated he understands that this is the plan, but if it is modified, then in the future
any changes would be on the City's nickel. Councilmember Hill stated to look at the turning lane at FM
518 to Alvin.
Councilmember Rivera stated because of historical purposes there was an issue with Pearland Parkway
and Pearland did go back and get it widened, so it can be done. Mayor Smith stated he knows that
Council will hear from the public later in this meeting on this subject.
7:00 PM—REGULAR SESSION
The invocation was given as a reflection of silence.
Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas.
SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS
Mayor Smith presented a proclamation recognizing Byron and Carol Fulk for their work with the
Community Prayer Breakfast and Community Involvement and members of the Community Prayer Group
presented a gift to the Fulk's.
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A presentation was given to Adam Hill and Charles Hubbard for their generous donation of repairs to the
roof of the City auxiliary facility located adjacent to the Activity Center on Morningside Drive used by the
Girl Scouts. Girl Scout Leaders representing 275 Girl Scouts from Brownies to Senior Girl Scouts with
were in attendance.
JOINT DOCKETED PUBLIC HEARING
Mayor Smith and Planning and Zoning Commission Chairman Holland 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 5.139 acres, being Reserve L in the Final Plat of The
Trails at Friendswood, situated in the William Henry Survey, Abstract 84 and the Mary Sloan Survey,
Abstract 184, property located on FM 528 at Freedom Trail (previously Country Club Drive), Friendswood,
Galveston County, Texas, from Single Family Residential (SFR) to Multi-Family Residential — Medium
(MFR-M).
Zone Classification change for a tract of land containing 4.693 acres out of Reserve C and Restricted
Reserve R in Final Plat of The Trails at Friendswood, situated in the William Henry Survey, Abstract 84
and the Mary Sloan Survey, Abstract 184, property located on FM 528 at Freedom Trail (previously
Country Club Drive) Friendswood, Galveston County, Texas, from Multi-Family Residential — Medium
(MFR-M) and Neighborhood Commercial (NC)to Community Shopping Center(CSC).
Zone Classification change for a tract of land containing 4.291 acres, being Reserve B on the Final Plat of
The Trails at Friendswood, situated in the William Henry Survey, Abstract 84 and the Mary Sloan Survey,
Abstract 184, at Freedom Trail (previously Country Club Drive, off FM 528), Friendswood, Galveston
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County, Texas, from Single Family Residential (SFR)to Multi-Family Residential—Medium (MFR-M).
Brett Nichols, resident of Friendswood, representing owner/developer, Ray Tiedge, addressed Council
and provided clarification as to the request for a zone change, Commercial up front, Multi-Family
Residential — Medium (MFR-M) will be a buffer between Commercial and Single Family Residential
(SFR), with the zone change this will provide a natural transition.
The Planning and Zoning (P&Z) Commissioner asked what the depth of tract is from FM 528 and it was
stated it is 300 feet for commercial and the entire tract roughly 1300 feet deep.
Faye Roberson, Friendswood resident in the Sunmeadow subdivision, spoke in opposition to all three
zoning requests, does not believe the City should waste dollars with multiple rezonings of this same piece
of property, stated there would be major traffic concerns and it is poor timing right before Christmas.
Norman Knight, President of Boca Raton Homeowners Association (HOA), representing the residents,
spoke in opposition to all three of rezoning stating residents need more time to learn about what is
proposed, there are concerns with safety, property values and increase traffic, would like to see the
developer, residents of Sunmeadow, Boca Raton and Windsor Estates subdivision meet together to come
to a conclusion, could be a win/win for all concerned by working together.
Chip Knowles, Friendswood resident of Boca Raton subdivision, spoke in opposition to all three due to
lack of information, primarily the commercial area, believes Single Family Residential (SFR) is better
served than the Multi-Family Residential — Medium (MFR-M) and would like to stay Single Family
Residence.
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Paula Oddo, Friendswood resident, President of Sunmeadow Homeowners Association (HOA), spoke in
opposition to the zoning, would like to see a master plan, does not think a Multi-Family Residential —
Medium (MFR-M) will fit with Sunmeadow, have worked with property owners, been in limbo for about
eight years, have lost residents with this unknown, would like to see this declined, see master plan of
whole property before piece-meal.
David Williams, resident of Boca Raton subdivision, spoke in opposition to all three zoning request stating
he had concerns with safety, security and traffic, would like to know the master plan for this development,
traffic is already pretty bad in this area.
Bertman Chapman, resident of Boca Raton subdivision, spoke in opposition to all three zoning request,
stated he would like to see a letter from the developer stating there would not be any apartments on this
property and would like to see what is planned for the Community Shopping Center(CSC) property, may
not be opposed, is a little suspicious with there not being a lot of information and being slipped in right
before Christmas.
Laura Higgins, resident of Sunmeadow subdivision, stated the existing town homes in Sunmeadow
already generate a lot of on the street parking and does not have faith in the developer.
Leah Jones, resident of Windsor Estates subdivision, spoke in opposition to the rezoning and stated she
does not want apartments in the back yard, would like Single Family Residence.
Hearing no further comments Planning and Zoning Chairman Holland closed this Joint Docketed Public
Hearing.
Council kept the Joint Docketed Public Hearing open. '"'"�
COMMUNICATIONS FROM THE PUBLIC
Adam Lambert, Friendswood Development for West Ranch, addressed Council and opposed to the
FM518 Access Management/Median Placement in the undeveloped area of FM 518 and stated it would
be a determent to the development, traffic concerns with medians and with maintenance and up keep,
leaving it open gives more flexibility for commercial development, believes it is prudent to wait until known
access cuts, may be five to ten years for development.
Mike Sharp, Friendswood resident, addressed Council proposing the median and stated from personal
experience that the access to FM 518 routinely takes advantage of the turn lane, the median could cause
traffic issues creating more u-turns, use funds to fix Cowart Creek Bridge median areas for safety issues.
Councilmember Rivera stated the money was dedicated to FM 518 and there are not too many options
for other areas or other projects.
Ben Mills, Friendswood resident, representing Hunters Creek Estates Homeowners Association (HOA),
stated 100% are in favor of the median cut at the Subdivision entrance, has been working with the Texas
Department of Transportation (TxDOT) for median cuts, has spent $8,000 on plans and soft costs and
looking for a partnership with the City, looking for a median cut that would service a number of residents.
He would like to know how can the Hunters Creek Estates HOA participate to help this go forward, stated
he appreciated the opportunity to present this to Council and stated this would help the neighborhood and
it would be the right thing to do. He has not received TxDOT approval at this time but has submitted and
has discussed possible funding from the residents to help make this safe for their children and wished
every one a Merry Christmas.
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Larry Tilgore, Friendswood resident, addressed Council and stated he had traffic concerns for the traffic
on South FM 518.
Dr. Stran, Friendswood resident of Rancho Viejo Subdivision at FM 518, addressed Council and stated
he had some traffic concern, cross over of vehicles, trailers and others would be dangerous, acceleration
lanes are helpful.
Betty Felts, Friendswood resident, addressed Council and stated she lives on FM 518 and thought this
issue regarding no medians was settled in 1987, not everyone drives 55 mph, the turning lanes are
helpful and medians would only make it more difficult for everyone to pull out and cross the street.
CITY MANAGER'S REPORT
The Acting City Manager had no report.
ACTION ITEMS
""Councilmember Reid moved to approve the Texas Department of Transportation's (TxDOT) FM 518
Access Management Plan/Median Placement with the participation in the Management Plan.
Seconded by Councilmember Barr.
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"""Councilmember Hill moved to amend to instruct the City Manager to instruct the City Engineer to
develop a plan and bring back to Council for consideration before submittal to TxDOT.
Seconded by Councilmember Barker. The motion was approved 6-1 with Councilmember Rivera
opposed.
The main motion as amended was approved unanimously.
**Councilmember Barker moved to approve a proposal from The Management Connection for a strategic
planning process and appropriate funds from General Fund's reserves.
Seconded by Councilmember Barr. The motion was approved unanimously.
"*Councilmember Rivera moved to approve the action regarding approving Hurricane Ike recovery
expenses in which the Acting City Manager and City Secretary will be compensated for their work and
leadership and support to Mayor and Council during Hurricane Ike.
Seconded by Councilmember Reid. The motion was approved unanimously.
RESOWTIONS
""Councilmember Hill moved to approve Resolution R2008-96 - a Resolution of the City of Friendswood
determining that an easement is needed for construction and maintenance of utilities as part of the 16-
inch Water Transmission Line Project; approving the purchase of said easement from Kenneth T. and
Michelle L. Ham, property owners.
Seconded by Councilmember Barker. The motion was approved unanimously.
"*Councilmember Rivera moved to approve Resolution R2008-99 - a Resolution of the City of
Friendswood finding that Texas-New Mexico Power Company's requested increases to it's electric
transmission and distribution rates and charges within the City should be denied; finding that the City's
reasonable rate case expenses shall be reimbursed by the company; finding that the meeting at which
this Resolution is passed is open to the public as required by law; requiring notice of this Resolution to the
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company and legal counsel.
Seconded by Councilmember Reid. The motion was approved unanimously.
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"*Councilmember Reid moved to approve Resolution R2008-100 - a Resolution of the City of
Friendswood Galveston/Harris counties, endorsing the appointment of (1) one new member to a thirteen
member board to the Galveston County United Board of Health.
Seconded by Councilmember Rivera. The motion was approved unanimously.
**Councilmember Barr moved to approve Resolution R2008-101 - a Resolution of the City of
Friendswood approving and authorizing the Mayor to execute, and the City Secretary to attest, an
interlocal agreement by and between the City and the Friendswood Independent School District for issues
relating to traffic studies, permit and inspection fees, joint use agreements of school district and City
facilities, and the sharing of maintenance responsibilities of certain facilities.
Seconded by Councilmember Hill. The motion was approved unanimously.
"*Mayor Smith moved to approve Resolution R2008-102 - a Resolution of the City of Friendswood
officially ending the local State of Disaster declared by the Mayor on September 11, 2008, due to
Hurricane Ike.
Seconded by Councilmember Rivera. The motion was approved unanimously.
**Councilmember Rivera moved to approve Resolution R2008-103 - a Resolution of the City of
Friendswood amending Resolution R2008-54 creating Neighborhood Empowerment Zone #1 by further
defining the zone's geographical boundaries and the improvements that are eligible for incentives.
Seconded by Councilmember Hill. The motion was approved unanimously.
ORDINANCES
*"Councilmember Rivera moved to approve the Second and final reading of Ordinance No. T2008-43, an
ordinance of the City of Friendswood electing for the City to make current service and prior service """
contributions to the City's account in the Municipal Accumulation Fund of the Texas Municipal Retirement
System at the actuarially determined rate of total employee compensation.
Seconded by Councilmember Reid. The motion was approved unanimously.
**Councilmember Barr moved to approve the Second and final reading of Ordinance No. T2008-44, an
ordinance of the City of Friendswood amending the Code of Ordinances of the City of Friendswood,
Texas, by amending Chapter 54, Section 54-192 "Exemptions," pertaining to the prohibition of sex
offenders residing within 2,000 feet of a School or Child Care facility; making certain findings; providing a
penalty of an amount not to exceed $500 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 Hill. The motion was approved unanimously.
The First reading of Ordinance T2008-46 was tabled, an ordinance 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 4.291-acre tract of land on Freedom Trail within the
City from Single Family Residential (SFR) to Multi-Family Residential-Medium (MFR-M), such tract also
being described as a 186,912.6 square foot tract of land, being Reserve "B", in the final plat of The Trails
of Friendswood Subdivision in the William Henry Survey, Abstract 84, and the Mary Sloan Survey,
Abstract 184, 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 for each day of violation of any provision hereof;
and providing for severability.
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The First reading of Ordinance T2008-47 was tabled, an ordinance amending Appendix C of the City of
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 4.693-acre tract of land located on FM 528 at
Freedom Trail within the City from Multi-Family Residential-Medium (MFR-M) and Neighborhood
Commercial (NC) to Community Shopping Center(CSC), such tract also being described as a 4.693-acre
tract of land, being Reserve C and restricted Reserve R, in the final plat of The Trails at Friendswood
Subdivision, situated in the William Henry Survey, Abstract 84, and the Mary Sloan Survey, Abstract 184,
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 for each day of violation of any provision hereof; and providing
for severability.
The First reading of Ordinance T2008-48 was tabled, an ordinance 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 5.139-acre tract of land on Freedom Trail within the
City from Single Family Residential (SFR) to Multi-Family Residential-Medium (MFR-M), such tract also
being described as a 5.139 acre tract of land, being Reserve "L", in the final plat of The Trails at
Friendswood subdivision in the William Henry Survey, Abstract 84, and the Mary Sloan Survey, Abstract
184, 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 for each day of violation of any provision hereof; and providing
for severability.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Rivera wished Happy Holidays to everyone and stated Council has come a long way with
"""�"` still a long way to go, Council makes giant strides and would like to see Council to continue to serve to
move this City forward, encouraged Mayor Smith and two members of Council that are up for re-election
to run again to continue to move this forward.
Councilmember Holbert stated he would like to congratulate the Friendswood football team and continued
to say the team went a long way with a fabulous season, congratulated the team and parents and stated
he will invite members of Council to go to the Activity Building to see what he has observed.
Councilmember Reid also congratulated the Friendswood football team and stated they are winners all of
the way, the team is very well supported by the entire City. Announced the prayer breakfast this Saturday
at Heritage Park Baptist Church and wished everyone a Merry Christmas and a blessed 2009.
Councilmember Hill stated he would like to congratulate Coach Van Meter and thanked Councilmember
Rivera for the kind words spoken tonight on Council working together and stated that hands-down this
has been the best Council he has ever served with.
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Councilmember Barr stated the football team�,cheerleaders, and dancer's performances were outstanding
with an outstanding fan base and the comrrtunity b�hind them, announced Santa in the Park on Saturday
night and wished everyone a Merry Christtnas and a Heppy`�►Vew Year.
Councilmember Barker stated he would like to congra�late`the football team and community and thanked
Councilmember Rivera. „'
Mayor Smith also congratulated the football team and stated Friendswood has the best community spirit,
stated how he helped Councilmember Holbert judge the Christmas Parade and how it is a great tradition,
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wished everyone a safe and happy holiday.
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CONSENT AGENDA
**Councilmember Rivera moved to approve the Consent Agenda as presented with the exception of
Item B - Authorize Council to make changes to the Rules of Procedure to schedule the regular January
Council meetings and holiday schedules. A. Authorize amending the Economic Development agreement
with Buzbee Properties, Inc., extending the construction commencement and completion dates and
authorizing the use of grant funds for downtown streetscaping, building, and drainage improvements. C.
Approve and accept the Homeland Security Grant award and authorize the Mayor to execute the
document. D. Approve Amendment No. 2 to the Flood Protection Planning Fund Contract with the Texas
Water Development Board. E. Approve Minutes of November 17 and December 01, 2008, Meetings.
Seconded by Councilmember Barr. The motion was approved unanimously.
*'`Mayor Smith moved to approve item B. Authorize Council to make changes to the Rules of Procedure
to schedule the regular January Council meetings and holiday schedules allowing the Acting City
Manager to schedule the January meetings, official Holidays for December.
Seconded by Councilmember Reid. The motion was approved unanimously.
CLOSED EXECUTIVE SESSION
Council convened into Executive Session in Accordance with the Texas Government Code, pursuant to
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 and Section 551.072: Deliberation regarding
real property.
Council convened into Regular Session at 9:40 pm with no action taken later in the meeting.
RECONVENE INTO OPEN SESSION
A motion was made and approved to adjourn at 9:41 PM.
ayor David .H. Smith
Attest:
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F R�EpO
D oris cKenzie, TR �
City Secretary � ��
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