HomeMy WebLinkAboutCC Minutes 2009-08-03 Special 08/03/2009 3189
�
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
AUGUST 03, 2009 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, AUGUST 03, 2009, AT 6:15 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 BILL HOLBERT
COUNCILMEMBER JIM BARR (arrived at 6:20)
CITY ATTORNEY BOBBY GERVAIS
INTERIM CITY MANAGER ROGER ROECKER
CITY SECRETARY DELORIS MCKENZIE
Counciimember Reid was absent from the meeting.
Mayor Smith called the meeting to order.
�-- SPECIAL SESSION
CLOSED EXECUTIVE SESSION
Council convened into Executive Session in Accordance with the Texas Government Code, pursuant to
Section 551.074— Personnel Matter(City Manager)
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, New Life Assembly of God Church.
Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas.
SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS
A special presentation of the Five Star Spirit Employee Award for the Second Quarter of 2009 was given
to Rene Ibarra, Project Manager in the Community Development Department, who has served the City of
Friendswood since February of 2006. He was nominated by his co-workers for his willingness to help,
exceptional job knowledge, superior performance on his work through the Fire Station 4 construction
process, as well as his continuous display of all five elements of the Five Star Spirit, including being
courteous, competent, reliable, professional and enthusiastic.
08/03/2009 3190
�
RECONVENE 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 7, Permitted Use Table, regarding NAICS use No. 721
(Accommodation and adding NAICS use No. 7212 RV((Recreational Vehicle) Parks and Recreational
Camps).
No one spoke for or against the amendments to Appendix C, Zoning Ordinance.
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 Zone Classification change request for a tract of land containing 1.79 acres out of a 10.9037
acre tract, Galveston County, Texas and Brazoria County, Texas, property located at FM 528 at Mandale
Road, Galveston County, TX, to change from Single Family Residential (SFR)to Light Industrial (LI).
No one spoke for or against the amendments to Appendix C, Zoning Ordinance.
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 Zone Classification change request for a tract of land situated in Lots 29, 30 and 31, Block 1,
Replat of Annalea Section 1, Galveston County, Friendswood, Texas, property located at FM 518 at Mary
Ann Drive (400 N. Friendswood Drive), Galveston County, TX, to change from Neighborhood Commercial
(NG) to Planned Unit Development.
..�R
Vera Smart, Friendswood resident, addressed Council and stated she is representing residents in
AnnAlea Subdivision and spoke in opposition to the request for zone classification change, recognized a
large number of people in the audience in opposition, expressed disappointment with the Mayor's
apparent lack of support of the residents of AnnAlea Subdivision and presented a petition of
approximately 60% of the property owners to the proposed plan. Mrs. Smart stated she feels Council
does not care at all about the residents and residents are very serious about this with over 180 signatures
in opposition of the property. She further stated she also believes there was not a correct property
notification sent out, evidently did not utilize the Galveston County Appraisal District (GCAD) listing of
property owners, for example one property owner moved in 2006. Mrs. Smart asked if this happens often
and does any of Council have any connections to Dr. Thillai Koothan or any business dealings with him.
She also stated that TxDOT came out this weekend and had a 100 traffic count, which is a little
misleading due to school is out and others are on vacation, thanked Council for hearing her and for their
compassion.
Mayor Smith commented about his role as Mayor to disseminate information on process and apologized if
there was any misunderstanding about how he appeared to have his mind made up and stated he is very
interested in hearing from the public before making his mind up.
Ms. Helen stated the questions discussed have already been answered and asked who would want a dog
running in their back yard, it is not fair to ask residents in that area to have the noise and odor.
Bernie Bratton, Friendswood resident, addressed Council and stated he has lived in Friendswood for 45
years, the developer could not build on the lot being discussed because it was determined it was too
small for an 1800 square feet home and states how could it accommodate a 4,000 square foot building.
Mr. Bratton submitted a letter on behalf of Michele Barzyk, a resident that could not be present to speak
at the Council meeting stating he is opposed to the rezoning. ""�
08/03/2009 3191
�
Council asked Staff what the property owner could put on there with Staff answering that a veterinary
clinic could be built under the current zone classifications, it just could not be as large. The owner would
have to reconfigure and then Staff would have to approve a building permit if it met the criteria.
Council stated the property looks like three lots and asked Staff if the developer is planning to combine
the three lots with Staff responding yes.
A lady that is a resident of the Annalea subdivision, addressed Council and stated she spoke to Dr. Thillai
Koothan and asked him why he did not meet with the Homeowners Association (HOA) and residents,
stated she was told by architect it is against the law and stated it felt like she was talked down to during
the last hearing, was interrupted several times and was told she was not understood and she tried to
explain.
A man that is a resident of Annalea subdivision addressed Council and stated he did not understand,
came away feeling that none of you represent me, lived here a long time and never felt this way before,
stated he is not going anywhere, doing everything possible to keep neighborhood the same, this proposal
has not been approved by pipeline companies as of today, when Council did not accept the Planning and
Zoning Commission recommendations from last meeting that sent a red flag to the residents.
Councilmember Rivera stated the residents voices are important and this Council listens to what residents
have to say.
Councilmember Barr stated he was ready to vote at the last meeting, the item was not tabled for any
reason except for process, the item was not on the agenda for action on the negative recommendation,
�-- also stated he does not have any business dealings with Dr. Thillai Koothan, it was tabled for no other
reason.
Lucille Hollander, Friendswood resident, addressed Council and stated should listen to citizens, this is a
unique subdivision and homeowners do not have any place to go and want to continue to live here to
raise families, recognizes the need of businesses for the City not to waste away but the subdivision is a
forgotten area due to not being a wealthy community, it is one of the oldest subdivisions with older
citizens. Plans on writing to tell the story, thinks residents have the right to have children and have their
home and retire here.
Brad Wakefield, Friendswood resident of 25 years, addressed Council and stated he is in opposition of
the proposed zone change, his property is not adjacent to this property but would prefer to have the
business off the property lines.
Fred Krch, Friendswood resident, addressed Council and stated the City cannot allow this to create a
nuisance or odor and cannot allow the stench of a kennel in this neighborhood.
Sandra Cannon, Friendswood resident, addressed Council and stated she is in opposition of the
proposed zone change and stated if zoning stays at the same then the City cannot change the landscape
and building, the City cannot control what goes in under the zoning change, if the zoning changes then
the easements change with the site plan, is opposed to the site plan and feels for these people, will
probably affect the quality of life and their property values, is concerned with fire hazards, vandals,
thieves, burglars and the crime rate going up, asks each Councilmember to search their heart and
conscience.
�
Staff stated if the zoning stayed the same then the easements could not change.
08/03/2009 3192
...,
Tami Metts, Friendswood resident, addressed Council and stated she has been a resident for 29 years,
this directly affects her property, the lot is literally in her backyard, asked about the survey on drainage, is
concerned that building pavement will cause backup onto the residents and is concerned with pipeline
safety that it would decrease property value by approximately $20,000, asked Council to please not let
this be built on her property line, will not be a good neighbor and will be in City Hall for every complaint,
will follow protocol for complaints but it is not going to be a pretty picture, will be a teacher going wild,
please make this developer meet all City codes and wants them as far away as can be.
Vera Smart, Friendswood resident, addressed Council and stated she spoke on behalf of Friendswood
resident Omar Riojs, and stated Mr. Riojs could not attend, his home was hit pretty hard by Hurricane Ike
and then was flooded with the heavy rain and asked the City to look at drainage for this property.
Council asked Staff for clarification that the drainage plan is required.
Mayor Smith and Council left this Public Hearing open.
COMMUNICATIONS FROM THE PUBLIC
Mike Sharp, Friendswood resident, addressed Council and spoke on the Resolution to approve the
amended change to the Utility Services Contract with West Ranch Development, has no opposition with
the amendment, the property will be transferred to West Ranch.
Fred Krch, Friendswood resident, addressed Council and stated he has been hearing a lot of words and
one word in particular is honest, read the meaning of honest from the dictionary, contrary to that is the
opposite word dishonest and the different meanings are used in a sentence, addressed Mayor Smith and *�
asked why it is not safe for him to fish on the banks of Lake Windermere.
CITY MANAGER'S REPORT
The Interim City Manager Roger Roecker stated he had no report.
ACTION ITEMS
*"Councilmember Barr moved to approve a negative recommendation from the Planning and Zoning
Commission for the zone change request for 400 N. Friendswood Drive from Neighborhood Commercial
(NC) to Planned Unit Development(PUD)—Specific Use Permit(SUP)for a variety of uses.
Seconded by Councilmember Barker. The motion was approved 6-0.
Mayor Smith and Council closed the related Public Hearing.
**Councilmember Barker moved to approve and authorize the Mayor to execute a design contract with
LJA Engineering & Surveying, Inc. in association with the City's Economic Development Administration
(EDA) project, FM 2351/Beamer Road Utility Project, and appropriate funds accordingly.
Seconded by Councilmember Rivera. The motion was approved 6-0.
""Councilmember Rivera moved to approve an agreement with Friendswood Development Company's
appointments to the West Ranch Management District Board.
Seconded by Councilmember Hill. The motion was approved 6-0.
"'`Councilmember Rivera moved to approve disposition of RFP No. 2009-09 for Audit Services for the City
of Friendswood with Weaver&Tidwell, L.L.P '"'"°'
Seconded by Councilmember Barker. The motion was approved 6-0.
08/03/2009 3193
•--
*"Councilmember Holbert moved to approve the appointment of Roger C. Roecker as the new City
Manager and authorize the Mayor to negotiate and execute an employment agreement.
Seconded by Councilmember Rivera. The motion was approved 6-0.
Councilmember Rivera moved to approve reviewing and prioritizing the Master Pavement Plan street list.
Seconded by Councilmember Barker. No action was taken.
Council discussed the drainage impact, holding a town hall meeting to discuss the entire street list, would
like public input. There is currently no funding available at this time. The City will have to work within the
existing budget on last year's dollars. The list is a planning tool and there is plenty of time to do the
planning process, citizens have spoken on no new taxes or debt, repairing streets not replacing would
add extra life to the streets but would not be a long term fix and is just a band-aid approach.
RESOLUTIONS
**Councilmember Barker moved to approve Resolution R2009-43 -a Resolution of the City Council of the
City of Friendswood, Texas, approving and authorizing the Mayor to execute, and the City Secretary to
attest, a Memorandum of Understanding by and between the City and the Cities of League City and
Webster for issues relating to the development of the area north of Clear Creek, south and east of Bay
Area Blvd, and west of Interstate 45.
Seconded by Councilmember Holbert. The motion was approved 6-0.
"'*Councilmember Rivera moved to approve Resolution R2009-44-a Resolution of the City Council of the
""" City of Friendswood, Texas, authorizing the Mayor to execute and the City Secretary to attest a second
amendment to the Utility Services Contract by and befinreen the City of Friendswood, Autumn Creek
Development, Ltd., a limited partnership, and the West Ranch Management District.
Seconded by Councilmember Hill. The motion was approved 6-0.
ORDINANCES
""Councilmember Barr moved to approve the Second and Final reading of Ordinance No. T2009-09, an
Ordinance amending Appendix C of the Friendswood City Code, said Appendix C being Ordinance No.
84-15, as amended, originally adopted the 19th day of November, 1984, and being the Zoning Ordinance
of the City, by providing in the Permitted Use Table contained in Section 7-P thereof that the use
described in Category 721, entitled "Accommodation," may be permitted in the Industrial ("I") Districts;
providing in the Permitted Use Table contained in Section 7-P thereof that the use described in Category
721, entitled "Accommodation," be expanded by adding Use #7212 for RV (Recreational Vehicle) Parks
and Recreational Camps, and providing the Zoning Districts where such expanded use is permitted;
providing other matters relating to the subject; 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 6-0.
�
08/03/2009 3194
....f
""Councilmember Hill moved to approve the First reading of Ordinance No. T2009-15, 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 ciassification of a certain 1.79 acres on FM 528 at
Mandale Road within the City from Single Family Residentiat (SFR) to Light Industrial (LI), such tract also
being 1.79 acres out of a 10.9037 acre tract, situated in the I. & G.N.R.R. Co. Survey No. 23, Abstract
624, Galveston County, Texas and Abstract 740, Brazoria County, Texas, as recorded in Volume 86262,
Page 762, official public records in the office of the County Clerk, Brazoria 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
07/20/09)
Seconded by Councilmember Barker. The motion was approved 6-0.
No action was taken on Ordinance T2009-16, 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 .77-acre tract of land at 400 N. Friendswood Drive (FM 518 and
Mary Ann Drive) from Neighborhood Commercial (NC) to Planned Unit Development District (PUD-SUP);
providing for the granting of a Specific Use Permit to authorize the use of property within said PUD for a
veterinary clinic and other designated purposes; providing for the amendment of the official zoning map;
imposing certain conditions; providing a penalty in an amount not to exceed $2,000 for each day of
violation of any provision hereof; and providing for severability. (No Action on 07-20-09)
"*Councilmember Rivera moved to approve the First reading of Ordinance No. T2009-17, an Ordinance
of the City Council of the City of Friendswood, Texas, ("City") approving a settlement agreement between ,.�..
the TNMP cities and Texas-New Mexico Power Company ("TNMP" or "company") regarding the
company's Statement of Intent to change electric rates in all cities exercising original jurisdiction;
declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with
the settlement agreement and finding the rates to be set by the attached tariffs to be just and reasonable;
determining that this ordinance was passed in accordance with the requirements of the Texas Open
Meetings Act; declaring an effective date; repealing any prior ordinances inconsistent with this ordinance
and requiring delivery of this ordinance to the company and legal counsel.
Seconded by Councilmember Holbert. The motion was approved 6-0.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Mayor Smith and Councilmembers Reid, Barker, Holbert and Hill stated they had no report.
Councilmember Barr stated he would like to scratch the surface of the need to have a Council retreat or
workshop to discuss priorities and how to move forward now that the ruling has been received regarding
Certificates of Obligations.
Councilmember Rivera agreed with Councilmember Barr and stated he would like to finish the budget
first.
.�,�,
08/03/2009 3195
•--
CONSENT AGENDA
"*Councilmember Rivera moved to approve the Consent Agenda as presented A. Authorize finai
acceptance of paving, drainage, and utility improvements for West Ranch Stonecreek Section II and
release the contractor from the maintenance bond. B. Authorize the Mayor to execute an Interlocal
agreement with Nueces County for the use of the City of Friendswood's storm debris removal contract for
emergency management purposes. C. Accept the Emergency Management Performance Grant(EMPG)
in the amount of $51,423 from the Governor's Division of Emergency Management and authorize the
Mayor to execute the Grant Acceptance Form. D. Approve Minutes of June 15 and June 22, 2009,
Meetings.
Seconded by Councilmember Hill. The motion was approved 6-0.
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 pm with no action taken later in the meeting.
RECONVENE INTO OPEN SESSION
This meeting was adjourned at 10:26 PM.
;
Ma r D id . . mith
Attest:
�
� FR�ElyO
o�` s�y
Del is McKenzie, TR C � p�
City Secretary v o
* *
tf�j, Py
�9rF OF t�*
�