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HomeMy WebLinkAboutCC Minutes 2009-01-12 Special 01/12/2009 3058 � STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( JANUARY 12, 2009 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JANUARY 12, 2009 AT 5:45 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. 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 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 Jeff Bell with New Life Assembly of God Church. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. PUBLIC HEARING Mayor Smith called a 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). � 01/12/2009 3059 ..,� Mayor Smith called a Public Hearing to order, to receive comments from the public, either oral or written, regarding 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). � Mayor Smith called a Public Hearing to order, to receive comments from the public, either oral or written, regarding 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 Wiiliam Henry Survey, Abstract 84 and the Mary Sloan Survey, Abstract 184, at Freedom Trail (previously Country Club Drive, off FM 528), Friendswood, Galveston County, Texas, from Single Family Residential (SFR) to Multi-Family Residential — Medium (MFR-M). Brett Nichols with Millennium Development presented maps that show the current zoning and then a map which shows the requested changes, also showed the Planning and Zoning Commission recommendation to approve the commercia�zoning request, overview of proposed plans for this area. Sarah Miloche, Friendswood resident with Boca Raton Homeowners Association (HOA), spoke and stated she appreciates the meeting with Mr. Nichols but the HOA is opposed to entire requests, the HOA does not want commercial development and wishes the land to remain single family residence. Larry Oldroyd, Friendswood resident of Sunmeadow subdivision, spoke and stated he is opposed to the rezoning, has concern with traffic and with the commercial setting, is in support of Boca Raton regarding --� believing singie family residential would be the best, would be interested in how this development would be financed, if the development is asking for the City's or HOA support then he wouid be opposed to that support. Burton Chapman, Friendswood resident in the Boca Raton subdivision, spoke and stated he strongly opposed to Millennium Development and their requests for Multi-family zoning, in favor of B going to community shopping center. Hearing no further comments Mayor Smith closed this Public Hearing. COMMUNICATIONS FROM THE PUBLIC Mike Sharp, Friendswood resident, stated he has lived off of Shooting Star for over 20 years and presented a letter regarding the West Ranch Development, Utility District Legislation and Detention Pond proposal, reviewed a time line of the process and expressed disappointment regarding the handling of this process, feels the property has been devalued and has placed stress on his family, the complaint is not with the City but with West Ranch Development, respectfuliy asked Council to give the same respect as if Council lived out there and asked the City to attempt to protect the interest as the City's own and asked Council to read the documentation provided to Councii. � 01/12/2009 3060 .-.. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS A report was given by the Zoning Board of Adjustment(ZBOA) Chair Greg Hughes. Present and existing Board Members were introduced. Information was presented as to what ZBOA does as in being a quasi- judicial board that operates like a court of law though overturned by District Court, presented three areas that ZBOA can make decisions on like appealing grant variances and the power to grant special exceptions. 2008 held 6 hearings which were all building set back cases, bring three things to Council attention, what to do with builder or contractor that deliberately goes around city regulations, flat decks and concrete and what constitutes a structure and addressed request that has been made to previous Council that would give ZBOA authority to grant special exceptions, have a drafted ordinance with a very tight parameter, would ask for Council to consider adopting this legislation that would help in certain instances to help our citizens. Council requested copy of the proposed ordinance and thanked the members of ZBOA for their volunteer efforts. CITY MANAGER'S REPORT Acting City Manager, Roger Roecker reported on the Fire Marshal's Office and thanked them for being the main contact for the clean up efforts and also thanked other departments and citizens for their efforts in this clean up. Councilmember Holbert asked about Mike Sharp and the agreement with West Ranch Development and asked if there was a verbal or written agreement. Interim Community Development Director Morad Kabiri advised that there is nothing in writing to the property owner from the Development Company. The '`� property manager and development manager have indicated that they have come to an agreement with Mr. Sharp and other residents but to this date have not seen anything in writing from the developer. RESOLUTION **Councilmember Hill moved to approve Resolution R2009-07 - a Resolution of the City of Friendswood determining that land is needed for construction, installation, maintenance, operation, inspection, replacement, repair, and removal of buildings and related facilities to be used by the City in the provision of public safety services to the public; and authorizing the institution of eminent domain proceedings. (Forest Bend Fire Station No. 3) Seconded by Councilmember Rivera. The motion was approved unanimously. Bobby Jones with Forest Bend Homeowners Association, thanked Councilmember Hill for his diligence in helping to make this happen, thanked Council for helping to make this exchange happen, the need for this exchange has been going on for 25 years, stated this is finally going to happen, thrilled to see this happen and so glad this is over with. ACTION ITEMS **Councilmember Barr moved to approve a recommendation from the Planning and Zoning Commission to deny a zone change request for 4.291 acres in The Trails at Friendswood from SFR to MFR-Medium. Seconded by Councilmember Hill. The motion was approved 6-1 with Councilmember Hill opposed. **Councilmember Reid moved to approve a recommendation from the Planning and Zoning Commission to deny a zone change request for 5.139 acres in The Trails at Friendswood from SFR to MFR-Medium. ,,,_, Seconded by Councilmember Holbert. The motion was approved 6-1 with Councilmember Hill opposed. 01/12/2009 3061 � ORDINANCES *"Councilmember Reid moved to approve the first reading of Ordinance T2008-46, 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. (Previously tabled 12/15/08) Seconded by Councilmember Holbert. The motion failed 7-0. *"Councilmember Rivera moved to approve the first reading of Ordinance T2008-47, 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. (Previously tabled 12/15/08) Seconded by Councilmember Barr. The motion was approved unanimously. "'" **Councilmember Holbert moved to approve the first reading of Ordinance T2008-48, 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. (Previously tabled 12/15/08) Seconded by Councilmember Rivera. The motion failed 7-0. ACTION ITEMS **Councilmember Rivera moved to approve the Texas Department of Transportation's FM 518 Access Management Plan to include landscaping and irrigation if provided. Seconded by Councilmember Barr. The motion was approved unanimously. **Councilmember Hill moved to approve disposition of Bid No. 2008-11 for the South Friendswood Force Main Diversion Project, authorization for the appropriation of funds and the Mayor to execute the contract with C.E. Barker, Ltd. Seconded by Councilmember Rivera. The motion was approved unanimously. � 01/12/2009 3062 .,..._. "*Councilmember Rivera moved to approve disposition of Bid No. 2008-12 for the 2008 Concrete Street and Drainage Maintenance and authorize the Mayor to execute the contract with AAA Asphalt Paving, I nc. Seconded by Councilmember Hill. The motion was approved unanimously. RESOLUTIONS "*Councilmember Barker moved to approve Resolution R2009-01 - a Resolution of the City of Friendswood designating the Mayor as the City's representative in seeking eligible grant funds under the Federal Victims of Crime Act (VOCA) Fund for Fiscal Year 2010; and authorizing the submission of such grant application to the Criminal Justice Division of the office of Governor. Seconded by Councilmember Reid. The motion was approved unanimously. **Councilmember Holbert moved to approve Resolution R2009-02 - a Resolution of the City of Friendswood authorizing the Friendswood Police Department to use unmarked vehicles in order to facilitate police undercover work and other official duties of the Police Department. Seconded by Councilmember Rivera. The motion was approved unanimously. **Councilmember Barker moved to approve Resolution R2009-03 - 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 Dickinson Bayou Watershed Steering Committee for issues relating to the Dickinson Bayou Clearing and De-Snagging Project. Seconded by Councilmember Hill. The motion was approved unanimously. ""Councilmember Rivera moved to approve both Resolution R2009-04 - a Resolution of the City of '"— Friendswood determining that an easement is needed for construction and maintenance of utilities as part of the Deepwood Force Main Project; approving the purchase of said easement from Jim T. Bulgier and Cindy L. Bulgier, property owners and Resolution R2009-05 - 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 Trent Epperson, property owner. Seconded by Councilmember Hill. The motion was approved unanimously. *'`Councilmember Barker moved to approve Resolution R2009-06 - a Resolution of the City of Friendswood providing for the holding of a Special Election on the 9th day of May, 2009, for the purpose of submitting to the qualified voters of the City a certain proposed amendment to the existing charter of the City; stating the proposed amendment to the City Charter to be voted upon at said election; designating the polling places and appointing election officials for such elections; providing the form of the ballot at such election; directing the giving of notice of such election; and containing other provisions relating to the subject with the recommended position#1 and alternative#1. Seconded by Councilmember Barr. '�**Councilmember Barker moved to amend to provide the wording for the ballot to be proposition #3 and all voting will be held at City Hall. Seconded by Councilmember Rivera. The motion was approved unanimously. """*Main motion approved unanimously as amended. � 01/12/2009 3063 � ORDINANCE "*Councilmember Rivera moved to approve the Second and final reading of Ordinance No. T2008-30, an ordinance of the City of Friendswood amending Appendix C of the Friendswood City Code, said A�pendix C being City of Friendswood, Texas Ordinance No. 84-15, as amended, originally adopted the 19t day of November, 1984, and being the Zoning Ordinance of the City, by amending Section 8, Subsection N (1) [figure 1], to expand the boundaries of the Downtown District; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. (Previousiy tabled 11/03/08) Seconded by Counciimember Hill. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Barr reported on the cost of Hurricane Ike and the damages to Renwick Park and asked that it be placed on the next agenda to help fund this repair to supplement the amount that the Little League is providing, Little League did not have insurance and was not covered by the City's insurance that covered the Little League structures, Little League maintains this park to a high level playing field and provides a high level of participation by Friendswood kids. Council asked about the insurance coverage the City had for Renwick Park and Staff stated the information will be provided to Council at the next meeting. Councilmember Hill reported that the Galveston County Mayor and Council will be meeting this Wednesday in Texas City and Galveston County Judge Yarbrough will be giving the State of the County address. .�.. Councilmember Reid reported that the Community Appearance Board (CAB)tree give away will be at City Hall on Saturday, January 17 at 8:00 am. Mayor Smith acknowledged Deputy City Secretary Melinda Welsh's accomplishment to become a Texas Registered Municipal Clerk(TRMC) and stated it will be on the agenda for January 26, 2009, to recognize her accomplishments. Councilmember Barker, Holbert, and Rivera had no report. CONSENT AGENDA '`*Councilmember Reid moved to approve the Consent Agenda as presented A. Authorize Council to invoke Rule 1(A) of the Rules of Procedure to schedule the regular February Council meetings for February 2 and February 23, 2009, due to the Washington's Birthday Holiday on February 16, 2009. B. Approve an appointment to the Community and Economic Development Committee to fill an unexpired term to July, 2009. C. Approve the endorsement for the reappointment of Paul Maaz to the Board of Directors of the Harris-Galveston Subsidence District. D. Approve an increase in the contract with the Friendswood Historical Society, approved by Council on 11/17/08, in the amount of $5,000 for the maintenance and preservation of historical sites in the City of Friendswood. E. Accept November 2008 Property Tax Report November report. F. Approve Minutes of December 4 and December 15, 2008, Council Meetings. Seconded by Councilmember Barker. The motion was approved unanimously. � 01/12/2009 3064 � RECONVENE INTO EXECUTIVE SESSION Council reconvened 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 reconvened into Regular Session at 9:55 PM with no action taken later in the meeting. RECONVENE INTO OPEN SESSION A motion was made and approved to adjourn at 9:56 PM. i �.J Mayor David J.H. Smith Attest: �' 4� F R�EN�� � � �O O De oris McKenzie, T M o "'� City Secretary * * � �qTF OF tf��Q°a .._,.