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HomeMy WebLinkAboutCC Minutes 2009-05-04 Special 05/04/2009 3109 � STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( MAY 04, 2009 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, MAY 04, 2009, AT 5:30 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 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. SPECIAL SESSION A discussion was held with the Planning and Zoning Commission (P&Z) regarding the proposed amendments to the Design Criteria Manual pertaining to adding an Appendix E-Downtown District Amenities. The proposed amendment will add an Appendix E to the Design Criteria manual to provide suggestions for powntown District streetscape amenities. Such amenities include benches, trash receptacles, ornamental light poles, tree grates, and brick pavers. P&Z proposed an amendment to the Permitted Use Table for Use #721. Currently, the Permitted Use Table allows for Accommodation uses within Light Industrial zones, but excludes them from Industrially zoned properties. The proposed amendment will allow Accommodation uses on properties zoned Industrial. In addition, the Planning and Zoning Commission and City Council may want to consider limiting some Accommodation uses (i.e. NAICS use #7212 Recreational Vehicle Parks and Recreational Camps) in Downtown District and Community Shopping Center, as these may be inappropriate uses on our major thoroughfares. P&Z also proposed Accommodation and Expedited process for zoning-related issues. A discussion was held with the Community and Economic Development Committee (CEDC) regarding proposed Tax Abatement Guidelines. Over the past few months, the Community and Economic Development Committee has reviewed and made changes to the City's tax abatement policy that was last approved by City Council in 2001 and is currently expired. The CEDC recommends that City Council �.. approve the new guidelines with some proposed changes which include Value and term of tax abatement (Section 1-02(h)(1)), Economic Qualifications (Section 1-02 (i)), Alternative "Green" tax abatement for commercial buildings (Section 1-02 (k)). 05/04/2009 3110 � A discussion was heid regarding the Interlocal Agreement for Tax Collection Services with the Galveston County Tax Office. On February 1, 2007, the City entered into an interlocal agreement with Galveston County for property tax collection services. The agreement ends on July 31, 2009. Galveston County has submitted a request to renew the agreement for a three-year period. The per parcel fee charged will remain at$0.32 for Galveston County and $1.01 for parcels outside of Harris County. RECONVENE INTO OPEN SESSION 7:00 PM—REGULAR SESSION The invocation was given by Pastor Mike Ross with Friendswood Church of Christ. 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 for Building Safety Week to Community Development Deputy Director Frank Manigold. Mayor Smith presented a Proclamation for Municipal Clerks/City Secretaries Week to City Secretary Deloris McKenzie and stated the proclamation declares this is one of the oldest professions, the City Secretary stated this profession is like a scribe with rock slate and chisel and stated she believes the oldest of this profession would be a town cryer. PUBLIC HEARING '"'�"' Mayor Smith called a Public Hearing to order, to receive comments from the public, either oral or written, regarding amending Appendix C, Zoning Ordinance of the City of Friendswood Code of Ordinances, regarding amendments to Section 20, Definitions., P. Home occupation. Bobbie Jones, long term Friendswood resident, addressed Council and stated that there is a problem with trucks parking in the driveways with a second truck into the drive way hanging out into the roadway, the trucks are parking in front of their homes across the street and are creating traffic hazards, the trucks come and go continuously with the streets already narrow, has contacted the City and finds it very disheartening. Faye Roberson, Friendswood resident, addressed Council and stated some area's are having big problems and believes that the Mayor and City Attorney has brought up some good points, a good language can be put into an ordinance that will help to stop the pain in several subdivisions, believes in solutions. 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 Zone Classification change request for a tract of land containing 2.1465 acres out of Lot 4, Block 8, Voss Subdivision, in the Sarah McKissick League, property located at 1501 Winding Way, Galveston County, TX, to change from Single Family Residential (SFR)to Office Park District(OPD). Commissioner Jim Gibson has recused himself from the hearing. �.�. 05/04/2009 3111 � Richard Pederson, resident of Friendswood, addressed Council and stated he is in favor of the request, there is only Single Family Residential (SFR) facing Winding Way in front of subdivision, with Commercial properties adjacent to the property, has requested rezoning last year and requested to speak at the end of the Public Hearing in response to comments. Bill McCann, Friendswood resident, addressed Council and stated he is opposed to rezoning 1501 Winding Way and stated he is speaking on behalf of Pilgrims Point Homeowners Association and submitted a petition signed by all property owners except for one property owner who is out of town and on the petition are business properties that are on Winding Way. Any new office buildings built will directly affects all 32 homes on Charleston affecting property values, any new office buildings will add to the traffic jams and drainage problems that already exist, as for the Planning and Zoning report it states the property does not comply with the comprehensive plan, the issue has been brought before Council three times including one mediation, during the mediation has offered to purchase the property, the offer still stands if it were to be sold at fair market value, sees that there is no reason or argument to rezone the property, there are a glut of vacant office spaces in Friendswood, office space does not generate sales tax only property tax, respectfully request Council not to approve this request. Trey Hill, Friendswood resident, addressed Council and stated he is opposed to rezoning 1501 Winding Way, he built his home himself and wants to stay right there as long as he can, this is not a nimbi argument and there is already a three story office building adjacent to the subdivision that was built on commercial property, the objection to this is that the project is in front of the subdivision, gave examples of other residential lots outside of the subdivision that sale for a lot less than commercial properties, putting commercial next to residential acres are chopping up subdivisions, this has a severe impact on some residents, the applicant purchased property across the street and is building a great commercial building but why this property, this is opening up a can of worms, this same request has been denied � three times, understands Council makes tough decisions and Council may be right or wrong on this. Frank Clayden, Friendswood resident on Charleston Street, addressed Council and stated he is opposed to rezoning 1501 Winding and urges Council to vote no on this request. Bill Reeves, Friendswood resident, addressed Council and stated he is opposed to rezoning 1501 Winding Way, gave thanks to the City in supporting residents in the previous requests, does not see a change in this request and stated the City does not need this commercial piece of property, there are a number of commercial properties for sale in the City, this property is already identified in the comprehensive plan as residential and asked Council to please deny the petition. John Morasky, Friendswood resident, addressed Council and stated he is opposed to rezoning 1501 Winding Way and stated there is a lot of commercial official space available, lives directly across the street from this project and will be able to look directly into office windows, there is a light pollution from the new medical office building, property values will go down and doesn't think Council would appreciate that. Janelle Keith, Friendswood resident, addressed Council and stated she is opposed to rezoning 1501 Winding Way, this would create a light pollution, 1501 Winding Way property is the boundary line introducing you into the neighborhood., it is a very desirable property and has thought about calling to purchase the house that was built before the neighborhood, a fence went up on Charleston side blocking views from the residents home, it is still beautiful property, has a child that has visual problems and doesn't want the extra traffic around, it's not right to move from SFR to Office Park, it would be an injustice for everyone on Charleston street and the property values will go down. 05/04/2009 3112 ..... Wade Keith, Friendswood resident, addressed Councii and stated he is opposed to rezoning 1501 Winding Way, appreciates Council and Planning and Zoning for listening to these concerns, has lived there for 10 years, has looked for over two years before purchasing the current property, never dreamed this property would become commercial, new commercial building would face the property and is concerned with the lighting, the home at 1501 Winding Way was built before the subdivision creating an entry into the residential subdivision. Chuck Kidd, Friendswood resident, addressed Council and stated he is opposed to rezoning 1501 Winding Way, there is no control over what goes onto this property but is concerned with the traffic, light pollution, property values, anything could go in and anything other than residential will devalue property. Don Glasco, Friendswood resident for 20 years, addressed Council and stated he is opposed to rezoning 1501 Winding Way, if allowed it will devalue residential property. Art Williams, Friendswood resident, addressed Council and stated he is opposed to rezoning 1501 Winding Way, supports all that was stated, the City has a plan and should stick to the plan, change only affects one. Lawrence Shriver, Friendswood resident, addressed Council and stated he is opposed to rezoning 1501 Winding Way, the development will affect drainage, does not have wooden fence in back yard overlooking Medical Center and the light glare affects his property, the light pollution is a problem and it would add to the light pollution, fence was put up on 1501 Winding Way to separate from Subdivisions but it does not set well, has approached Council before and nothing has changed, Rusty Burket, Friendswood resident, addressed Council and stated he is opposed to rezoning 1501 Winding Way, the facts on the rezoning haven't changed much over the years and iYs getting old, is '� proud of the residents on Charleston street for sticking together through this process, 1501 Winding Way was built there for a reason and someone had a great idea to make that area into a neighborhood. the boundary lines was set from 1501 Winding Way and the logic does not make sense, it does not make sense to consider this over and over again to satisfy one individual and urges not let his happen. Hearing no further comments Planning and Zoning closed the Public Hearing. Hearing no further comments Council kept the Public Hearing open. COMMUNICATIONS FROM THE PUBLIC No communication from the public addressed Council. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS An annual report was given by the Community and Economic Development Committee (CEDC) Vice Chair Brett Banfield. CITY MANAGER'S REPORT City Manager, Roger Roecker reported on the Recent Heavy Rain Events in the area. Friendswood has experienced substantial rain events over the course of the past two weekends. Rain totals in the City were approximately 16 inches, with the majority of the rain occurring on April 18 and 24th, 2009. Rain gauges throughout the City indicated seven to 10 inches on April 18, 2009 and at one point over six inches in one hour. Friday, April 24, 2009, the City experienced rainfall totaling between four and six .... inches. The City received an additional two inches on April 27, 2009 as well. Based on the intensity and magnitude of the rainfall, and having occurred over a 7 — 10 day period, these were extreme events. 05/04/2009 3113 � Accordingly, street flooding is expected as roadways are designed as a component of the storm water conveyance system during extreme events. The intent is to provide another conveyance mechanism, in addition to storm sewer lines and drainage ditches when at capacity, and prevent structure flooding. These severe thunderstorms resulted in several departments responding to emergency call outs. The Emergency Operations Center (EOC) was activated Saturday, April 18, 2009, and all Emergency Management Staff and Police Department Command Staff reported to assist in the EOC along with 16 extra officers and three additional dispatchers to respond to calls for service. The City Manager reported on the Mosquito Control in Harris County. Mosquito control for the Galveston County portion of Friendswood is provided by the Galveston County Mosquito Control District. Although the resolution that is on the agenda deals with aerial spraying, they depend heavily on seven trucks that are available to spray throughout the county. Unfortunately, the District lost its aerial spraying capability when their plane was severely damaged during Hurricane Ike. The Director of the District has ordered a replacement plane and expects it to be delivered in July. Again, until that time they will be fighting the "mosquito battle" with their trucks. Harris County provides a different level of mosquito control service to their residents. They focus their efforts on areas where the West Nile virus or encephalitis have been identified, so it falls to the City to provide this service to our citizens in Harris County. We do not have aerial capabilities and are limited to truck spraying. The spraying is contracted to Cornerstone Maintenance because a licensed, certified exterminator has to apply the chemicals. The chemicals and labor are budgeted expenses in the current year's Facility Maintenance budget. The City has begun spraying the City parks and facilities and Harris County streets. At the start of the mosquito season, spraying is conducted two-three times a week for the first month or two. After the second month, spraying continues once a week or on an as needed basis. „�, The City Manager reported the Unsung Hero Award received by Friendswood EMS Chief, Lisa Camp and is pleased to report the City received notification that Friendswood Volunteer Fire Department Emergency Medical Services Chief Lisa Camp has received The Galveston County Daily News 2009 Unsung Hero Award. She was selected for her dedicated work in emergency services and community programs. Lisa Camp was also recently recognized for her leadership of the Friendswood EMS by Firehouse magazine. This publication named Lisa as a recipient of their Community Service Award. Lisa Camp has been a valuable member of the FVFD for more than 30 years. In addition to serving as Chief of EMS, Lisa currently works, volunteers, and teaches. ACTION ITEMS '"`Councilmember Rivera moved to approve appointments/reappointments to the West Ranch Management District Board. Seconded by Councilmember Hill. Councilmember Rivera moved to table until next council meeting. Mayor Smith asked for input and recommendations and stated City could appoint someone from council or Staff serve on this board Seconded by Jim Hill. The motion was approved unanimously. Planning and Zoning Recommendation voted unanimously not to recommend rezoning 1501 Winding Way. **Councilmember Rivera moved to approve disposition of RFP 2009-06 for the FM 518 Drainage Pipe Material/6100 Linear Feet of Various Sizes. Seconded by Councilmember Barker. The motion failed 7-0. � 05/04/2009 3114 ... RESOLUTIONS **Councilmember Barker moved to approve Resolution R2009-27- a Resolution of the City of Friendswood, Texas, authorizing aerial spraying over Friendswood by the Galveston County Mosquito Control District for the County-Wide Mosquito Control Program. Seconded by Councilmember Hill. The motion was approved unanimously. ORDINANCES **Counciimember Barr moved to approve Ordinance T2009-04, 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 amending Section 11, Subsection (C) by granting authority to the Zoning Board of Adjustment to grant temporary and permanent special exceptions to the Zoning Ordinance in certain instances; 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 Rivera. The motion was approved unanimously. Councilmember Hill moved to approve the following Ordinances: **The Second and Final reading of Ordinance T2009-06, an Ordinance of the City of Friendswood, Texas, finding and determining that public convenience and necessity no longer require the continued existence of a five thousand, two hundred four square foot tract of land being a public utility easement out of the Sarah McKissick League, Abstract No. 151, within the City of Friendswood, Galveston County, Texas; vacating, abandoning, and closing said public utility easement; authorizing the Mayor to execute and the City Secretary to attest, respectively, a quitclaim deed conveying said abandoned easement to Galveston County, Texas; providing for severability; and containing other provisions relating to the subject. � '`*The Second and Final reading of Ordinance T2009-07, an Ordinance of the City of Friendswood, Texas, finding and determining that public convenience and necessity no longer require the continued existence of a 1.6968 acre tract of land being a public utility easement out of the Sarah McKissick League, A-549, within the City of Friendswood, Harris County, Texas; vacating, abandoning, and closing said public utility easement; authorizing the Mayor to execute and the City Secretary to attest, respectively, a quitclaim deed conveying said abandoned easement to the Falls at Friendswood, LLC; providing for severability; and containing other provisions relating to the subject. Seconded by Councilmember Hill. The motion was approved unanimously. No action was taken on Ordinance T2009-08, 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 1501 Winding Way, Friendswood, Texas, from Single Family Residential (SFR) to Office Park District (OPD), such tract also being 2.1465 acres of land, out of Lot 4, Block 8, Voss Subdivision, Sarah McKissick League, Galveston County, TX, according to the map recorded in Volume 254, Page 63 of the office of the County Clerk's of Galveston County, Texas, being known as Tract 1 and Tract 2,; 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 Jim Hill reported on the Bond issue and drainage issue and stated a number of Council lobbied along with Drainage District Galveston Commissioner's Court for support for drainage, other ,.,,,,, projects are moving along and is disappointed on un-informed peopled making comments and publishing information that is not factual. 05/04/2009 3115 � Councilmember Rivera reported on drainage and stated it is very important to the City, the City has worked on this and is proud of what this Council has done, appreciates the work by Councilmember Hill and Barker on gaining this support. Councilmember Holbert reported on speaking with several people who have received information on bonds, what is on the ballot and the infrastructure that Council plans to move on with in the next few years. They have come in full gamut, there have been some reasonable comments by reasonable people. Stated his wife came home from the hairdresser and had her haircut by a resident of Autumn Creek who stated she had received notification that the City Council intended on kicking them out the City and things have gotten that ridiculous. What happened is that there are a few people who are disgruntled because of the interpretation of Council, City Attorney, Bond Council and Attorney General stating that so long as the City does not violate the Charter then the City may move forward with what they intend to do. Bringing information to the residents in advance and not raising tax rates is by the guidelines of the Charter of this City and yet that has been brought to the forefront as a ridiculous air ball to try to dissuade the focus from what Council has put out there for the residents to vote on and completely clouded the issue. At first was open minded to the issue and tried to look at both sides of the issue but is no longer at that point anymore. There have been arguments in the newspaper that Council is trying to compete or stifle a person who is trying to make a living doing this and it is a ridiculous argument. Plans for the New library is to build it on the old Public Safety Building site adding enhancements to the senior center, adding a pocket park across the street from the proposed library and turning the old library into a community center and all this will be provided to the residents in the downtown district. So hopefully the comments stated made some clarification and residents will be able to separate the facts from the fabulous fiction that people are complaining to him about and writing about. Encourages everyone to do ,�. their homework. The other proposition is on the City Manager, right now it requires the City Manager to reside in the City of Friendswood and that is difficult to do with a small town of 35, 000 people, there are not a whole lot of people in Friendswood who qualify as City Manager. Councilmember Barr reported on the Bond issues and stated he agreed with Councilmember Holbert and stated because he is the liaison for the Parks and Recreation Board that the questions he's been receiving is why didn't Council layout exactly what was going to be spent where and why hasn't Council decided what facilities were going to get what money. The other question raised was how do the residents know that 1.6 million will be spent on sport parks and 1.5 million will be spent on nature parks? The answer is simple, Friendswood has a Parks and Recreation Board that does a great job and have been working on a parks master plan for the last 4 to 6 months now, they have complied a lot of information and put together information to present to Council in the future. Community Services has been working on field availability, the needs and the numbers, that is how the money will be divided. The money is not going to be used to buy the Alvin property. Council has already committed on purchasing the property and has nothing to do with the bond. The bond issue is for park improvements to go toward Renwick Park, Stevenson Park, Centennial Park, 1776 Park, Old City Park, to develop Imperial Estates Federal Emergency Management Agency (FEMA) buyout properties and other areas around Friendswood. When people are being told Council is using this money for property in Alvin, that is not a fact. Encouraged everyone seeking more information on the bonds to contact the Community Services Department, Park& Recreation Board member or a Councilmember. Leslie Reid reported on the comments made from several parents, parents have called saying they understand that none of the money will be helping Little League baseball and that the park money will be used for select baseball teams. At this point of time, no decision has been made as to what leagues or fields the money will go to until the election is passed and again the Parks and Recreation Board will determine how the money will be used. p-- 05/04/2009 3116 � Mayor Smith stated he appreciates the clarity that has been offered by Council and would like to add a little. There has been much confusion in the newspaper and email airways that have gone out in the last couple of weeks about what was or what was not happening as far as these bonds concern and does not think that this has brought clarity to what citizens thought they were voting for. There are 2 bond issues, one is for a the library and Civic Center and the other bond is for existing parks improvements as it has been mentioned. By way of example for park improvements, a short list as what has been spoken of at the Parks Board level and community level in the past, It is kind of the part of the needs assessment list that our Community Service Department might provide for us as we make those decisions in the future. Renwick Park for little league facilities is one of those parks that would fall under the improvement requirements, Stevenson Park, Old City Park, 1776 Park, the buyout properties are some. Other things are like bike trails, hike trails, canoe portage, lights for fields, field drainage, baseball field improvements, Baker Road detention improvements for fields are some examples of how those funds might be spent, those decisions have not been made yet. We are interested in taking more input as Councilmember Barr mentioned from the public, Staff, and from the Parks and Recreation Board before we finalize those. There is a high degree of respect for the process this Council has gone through from this past year in making the determinations of what the community needs for the next five years. Thanked Council for taking up the task and the difficult work of making these decisions, it is the first in a long while. The process at where we arrived at those numbers had everything to do with the long term five-year plans of what the City could accomplish and Council could do as a City to provide the needs that the community would expect of us. These bond issues were left on the table for the public to decide because Council already had plans for the remaining needs that Council felt on what could be accomplished over the next five years. There is no other issue associated with drainage or additional park requirements for the Alvin property. The City has plans for those and Council will be working on those continually over the next year to see that those things go into effect. Voting for the library is not going to cause the streets to continue to flood or voting for the parks referendum is not going to cause your select team to not have support somewhere in the City of Friendswood, it has nothing to do with that. The issue with the Library is simply ""'""' a value judgment, it's simple as do you think we need a new library? Is the library something that would be important for you and your family and the values of this community? If you say yes to that, you'll get a Civic center along with it. Do you think the City should make an investment in the existing parks or make improvements that have long been coming and that have been ignored or simply could not be afforded? Do you think that adds to the value to our community? If you do, great, if you do not that is fine too, those are the only two questions that Council asks on the bonds. Councilmembers Barker stated he had no report. CONSENT AGENDA *"Councilmember Rivera moved to approve the Consent Agenda as presented A. Authorize the Mayor to execute a renewal agreement with Vic Coppinger Family YMCA for the use of the Sesquicentennial Swimming Pool. B. Approve appointment to Community and Economic Development Committee to fill a vacancy. C. Approve an Interlocal agreement with the North Texas Council of Governments (NTCOG) for Actuarial Shared Services and authorize the Mayor to execute. D. Approve Minutes of April 6, 2009 Meeting. Seconded by Councilmember Holbert. The motion was approved unanimously. �., 05/04/2009 3117 �-. A motion was made and approved to adjourn at 9:08 PM. Mayor David J.H. Smith Attest: . � � OF F R�EHO�, � � �O D oris McKenzie, TRMC v o City Secretary * * �A ��TF OF '�+Q� �