HomeMy WebLinkAboutCC Minutes 2010-03-18 Special 03/18/2010 3296
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
MARCH 18, 2010 )(
MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
THURSDAY, MARCH 18, 2010 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 JIM HILL
COUNCILMEMBER BILL HOLBERT
COUNCILMEMBER LESLIE REID
COUNCILMEMBER MIKE BARKER
ACTING CITY MANAGER ROBERT WEINERS
CITY ATTORNEY BOBBY GERVAIS
INTERIM CITY SECRETARY MELINDA WELSH
Councilmember Barr was absent from the meeting.
SPECIAL SESSION
Mayor Smith called the meeting to order at 7:00 PM and with Council concurrence moved the Joint Public
`� Hearing to the beginning of the meeting.
JOINT PUBLIC HEARING
Mayor Smith and Planning and Zoning Commission Chairman Kevin Holland calied a Joint Docketed
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
the Permitted Use Table to clarify references to certain uses, incorporate and also correct inconsistencies
and to more specifically describe them by use of the 1997 NAICS (North American Industry Classification
System) reference numbers. Change NAICS use #3391 Medical equipment & supplies manufacturing,
from "permitted" (P) to "office use only" (0) in Office Park District (OPD). Permit NAICS use # 531120
Lessors of non-residential buildings (Banquet and Event Center use only), in Community Shopping
Center (CSC), Downtown District (DD), Planned Unit Development-Mixed Use (PUD-Mixed use), Light
Industrial (LI) and Industrial (I) by adding a "P". Also, allow this use in Planned Unit Development (PUD)
with a Specific Use Permit(SUP) by adding an "S". Change NAICS use#721 Accommodations to require
a Specific Use Permit (SUP) in each of the zoning districts that the use is currently "permitted" in by
changing the "P" to an "S" in Community Shopping Center (CSC), Downtown District (DD), Planned Unit
Development—Mixed Use (PUD-Mixed Use), Light Industrial (LI), Industrial (I) and Business Park(BP).
Change NAICS use#7224 Drinking places (alcoholic beverages) to require a Specific Use Permit (SUP)
in each of the zoning districts that the use is currently "permitted" in by changing the "P" to an "S" in
Neighborhood Commercial (NC), Downtown District(DD), Planned Unit Development— Mixed Use (PUD-
Mixed use), Light Industrial (LI) and Business Park (BP). Permit Multi-family dwellings in Downtown
District (DD) on the second floor by adding "P(a)" ("a" being the note that this use is only allowed on the
second floor). Downtown District verbiage already allows residential on the second floor. This change
will reflect it on the PUT. Permit Single-family dwellings in Downtown District (DD) on the second floor by
,,,,� adding "P(a)" ("a" being the note that this use is only allowed on the second floor). Downtown District
verbiage already allows residential on the second floor. This change will reflect it on the PUT. Permit
Home Occupation in Agricultural District (A-1) by adding a "P". Single family homes are already allowed
in this zoning district. Permit Swimming pools in Agricultural District (A-1) by adding a "P". Single family
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homes are aiready allowed in this zoning district. Change to permit NAICS use#531120 Lessors of non-
residential buildings (Banquet and Event Center use only) in Neighborhood Commercial (NC) by adding a
��P„
Planning and Zoning Commission Chairman Holland informed the audience that this public hearing is not
specifically about the hotel but about amending the Permitted Use Table.
Mayor opened Council's portion of the Joint Public Hearing.
Bobbie Jones, Friendswood resident, stated she is extremely angry that the Mayor stated at the last City
Council meeting that tonighYs subject would be on the hotel and animal shelter, was told she cannot talk
about the Sleep Inn because its not on the agenda, had so much faith in her City, feels extremely let
down and does not appreciate being told things that are not allowed tonight.
Jackie Gibson, Friendswood resident, stated she is speaking for several people, favors classification of
CSC District, properties being subject to Special Use Permits for any Accommodations use or any NAICS
721, others are here in favor as well and asked them to stand to show their support, several people in the
audience stood.
Stacy Pagel, Friendswood resident, stated she is glad everyone comes out to support these causes,
important that the community binds together in this time of crisis, very important that they appreciates the
ability that there may not be a hotel there, is against having a 2 star hotel being across from Windsong
Elementary. Thinks any hotel or any Commercial with Accommodations zoned to allow a hotel should be
away from the schools and needs to be somewhere not a high traffic area especially near children, the
community loves this City, concerned for property values and children's safety, wants children to grow up
in a nice neighborhood, knows Council is responsible for holding up citizen's investment, future of this `�"
City, and for the planning and zoning of the City, feels Council and Planning and Zoning Commission
needs to hear how citizens feel, cannot just walk away from this and say can do nothing, as citizens,
Council and Planning and Zoning Commission have to do it, all have to help, is vehemently opposed to
anything that would get in the way of her children's future.
Mayor Smith reminded that this public hearing is to receive input regarding change in zoning
(Accommodations) and not specifically to one piece of property.
Vera Smart, Friendswood resident, stated Friendswood started out as a family oriented settlement,
prefers to remain a bedroom community, needs thriving businesses but not when it harms the citizenry,
be sensitive to neighborhoods that are already there and not just outside interests, do not change quality
of life, protect places that have been there a long time, put citizens and neighborhoods needs first and not
outside interests, spoke recently about the veterinary clinic that was going to go in at Mary Ann and FM
518, is a bad thing for homeowners, under Planned Unit Development(PUD) a driveway was permitted, a
traffic survey was done August 5 when people were on vacation, please change so that a special permit
is needed.
Mayor Smith reminded speakers again the topic of the public hearing.
Jeff Moser, Friendswood resident, stated he lives in Boca Raton and is a new Council candidate for
Position 6. Mr. Moser further stated he would like to bring a word to Council and that is accountability,
are responsible for citizens, elected Council and Council is responsible for citizens, trusted them and
failed us, fell asleep at the wheel, tonight have a chance to correct, have a chance tonight to make
changes, do not make the rest of the City suffer as they are suffering.
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Mark Tilley, Friendswood resident, stated he is hoping what may be implemented tonight will help, is very
important, this cannot happen, is not a strip mall being built behind someone's house or veterinary clinic,
is a total invasion of privacy and safety issue, hopes and prays that this gets passed tonight, has a lot
more battle to go in Boca Raton, Mission Estates and San Joaquin neighborhoods, is proud that they
have taken on and does realize there are legal issues with hotel, has to nip in the bud and take care of
the people that support this community, kids are most important.
Mindy Comstock, Friendswood resident, stated she was not going to speak but changed her mind and is
buffaloed that at the last meeting was told that Council would have a special meeting and there would be
two items to be discussed and wonders why it is not on the agenda, has been researching each one of
Council, who is running is against who, is not impressed with some of the candidates and named them.
The Mayor asked her not to make personal, political swipes, is not appropriate, can have a discussion
about what is on the agenda. Ms. Comstock stated does not get that a give and take is going to happen
tonight, thought a whole different thing was going to happen tonight.
Mayor Smith explained that input for this Joint Public Hearing (JPH) is for changing the law regarding
Community Shopping Center(CSC) and not just the hotel and animal shelter.
Janis Lowe, Friendswood resident, stated she would like to talk about residential use in the Downtown
District, would like to reconsider this topic and remove any residential ability as well as any future ability
that Council is proposing tonight, is not out of land yet so density does not need to be a priority, by putting
residential ability above the quest for office buildings, etc., in downtown will only exacerbate a conflict
between business owners and future citizens in regards to those needs residents have over business
owners such as waste disposal, school buses, public safety and emergency services, needs are different
for City services. Opening downtown up for residential will bring more problems for future Councils. Until
'"� Friendswood needs to go up versus out need to reconsider any residential in the Downtown District.
Thinks the issue may be an economic driver for future business owners to come to Friendswood for
varied use. The support of the citizens is where she wants Council to go. People living in a multi-story
building would have same rights as her but different problems than residential.
Deirdre Carey Brown, Friendswood resident, stated she is in favor of an Specific Use Permit (SUP) for
Accommodations, is concerned about what notice considerations were given for this meeting, might be
warranted for Council to look at a special motion at the next regular meeting to address notice concerns.
Janis Lowe stated she would like to raise a legal issue on the definition of Single Family in the proposed
residential use on the second floor, a Single Family dwelling by her training and definition is a free
standing unit, how can you have a Single Family dwelling on the on the second floor of a commercial
building.
Mayor Smith asked City Secretary Melinda Welsh what notice was given to the community and Ms. Welsh
answered that the Joint Public Hearing notice was published in the City's official newspaper and the
agenda was posted in the City Hall glass case and the Friendswood Library and sent out on
Groupbuilder.
Mayor Smith asked City Attorney Bobby Gervais if this was the City's normal practice for sending out
legal notices and he answered yes it is.
Mayor Smith asked Janis Lowe to return to answer her question and he stated in their business as
realtors single family residential is the box or house that sits on a piece of land separate from other
homes, in this situation is similar to apartment complex, is one family living in the dwelling.
� Janis Lowe stated at least the SINGLE FAMILY dwelling as she reads it would have a common floor with
the downstairs business owner, would have common walls and would create a complicated taxing issue.
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Planning and Zoning Commission member David O'Farrell asked Ms. Lowe what she thought wouid be
built that would be problematic.
Ms. Lowe stated a building is built and the building owner would be looking for lessors on the bottom floor
and tenants on the top floor, trying to identify living space would be a problem.
Community Development Director Morad Kabiri stated the Mayor's definition was correct and explained
what the difference is between Single Family Residential (SFR) and Multi-Family Residential (MFR).
Councilmember Reid asked if in current designation is there a limitation as to whether they can be owned
and then rented out or whether they have to be owner occupant and Morad Kabiri stated there is not, is
on proposed changes tonight because Downtown District regulations permit it and Permitted Use Table
does not, making sure they coincide.
Mayor stated most of the items on tonight are for house cleaning, tables do not match up with ordinances
that have been approved over the last 10 years. All of the things changed are already approved it is just
cleaning up except for a few items such as Accommodations being one of them.
Bobbie Jones stated thought they would be discussing animal shelter and wants to know where it is on
the agenda.
Mayor stated that item is on the agenda as an ordinance after the Joint Public Hearing.
Deirdre Carey Brown stated should clarify what notice would be necessarily required, issue has been
raised.
...a
Rob Lynch stated have been coming to meetings to discuss the hotel and wonders when citizens will be
able to discuss it, when meeting notice gets put out can you put hotel on the notice.
Mayor Smith stated he can discuss with citizens after the meeting, is not on the agenda.
Councilmember Barker asked the City Attorney Bobby Gervais what notice is required by law.
Bobby Gervais stated if it is a global change to the zoning ordinance that is citywide then only newspaper
notice is required, if specific property then have to notify residents within 200 feet, notice in the
newspaper and a sign on the proposed zone change property.
Councilmember Barker asked if the City had complied with the law and City Attorney answered yes it had.
A Friendswood citizen stated there is a lot of frustration out there and apologized for some of the crowd,
is it possible to recess the meeting to speak to the citizens that do not want to wait until the end of the
meeting and can talk to citizens outside of the meeting.
Mayor Smith explained what was happening tonight at the meeting and stated after public input at the
public hearing and the one other item is decided on any Councilmember or himself can speak after the
meeting.
A Friendswood resident stated the way it is zoned Commercial in Friendswood can have a hotel. This is
what they are taking up tonight to change it, would be ironic if it was changed for future and not ones
already done.
...�
Bobbie Jones asked when Council speaks to Ordinance A on the animal shelter can she make comments
and Mayor Smith stated only if a Councilmember asks her a question.
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Mark Tilley stated is there a notification process in the charter or in Comprehensive Plan that would give
citizens a heads up as to what is going on in the community. There are over 1500 homes that this would
impact, does respect that these Council were not in office when it happened and is glad they are
addressing it, needs notification when something like this is going into their neighborhood.
Planning and Zoning Commission member David O'Farrell stated as they are looking at the potential
changes has asked City Attorney to help with changes, when affects abutting property that is next to
Commercial would go the extra step and would send out all within 200 feet, would not cover entire
subdivisions but would be enough people likely to trigger community awareness through homeowner's
associations, etc.
Mayor Smith stated if that kind of change is what is wanted there is a process to make that change which
is similar to what are going through tonight, process is laid down by law to make those changes, if want it
to stick have to follow that process and talk about what is on the agenda only.
Friendswood resident stated ordinance is backwards, the way he understands is that when
Accommodations is added you do not have to notify anyone in writing but a zone change you do, wants to
go on the record as saying Council had said residents could discuss hotel at a future meeting and cannot
tonight.
Mark Tilley asked when are Community and Economic Development Committee going to be able to
communicate with the public on what their goals are, needs to know what is going on, what are plans for
our City.
�
Councilmember Reid stated would like to clarify that Public Comments are for regular meetings and can
talk about anything going on in the City. A Public Hearing is different because it is specific to the item on
the agenda.
Tommie Echols, Friendswood resident, stated he owns two properties on the west side of Friendswood
on in Boca Raton and one in Sterling Ridge and asked P&Z to put whatever amendment and make it
retroactive to any multi-use property where there is residential areas within 600 ft. of any multi-purpose
Accommodations i.e. motel, one star, two star, three star or whatever star, do not allow another citizen be
disappointed when they see a sign go up that there will be a motel right behind their house that will bring
in situations of pedophiles, thievery, sexual abuse and prostitution, stop it now and make it retroactive. If
Friendswood wants a hotel make it out on Highway 45 in the City of Friendswood by Baybrook Mall where
a top notch hotel can come in.
Stacy Pagel stated she agrees with Mr. Echols 100% but if the City made this retroactive then the City
would be sued and would lose their pants, would have a bigger problem on our hands, would have to
make a one time exception but then it would be another and another, have to find a way to work together
to get this done.
Bobbie Jones stated it is a little late but thank you for proposing Accommodations to keep other hotels
and motels out of residential areas and away from schools.
Councilmember Rivera asked for a show of hands in the audience of people that were also in favor and a
large amount raised their hands.
Hearing no further comments Planning and Zoning closed the Joint Docketed Public Hearing.
,,,�„ Hearing no further comments Council kept the Joint Docketed Public Hearing open.
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ORDINANCE
**Councilmember Rivera moved to approve the First and Final reading of Ordinance No. 2010-10; an
ordinance amending City of Friendswood, Texas, Ordinance No. 2009-22, passed and approved March
18, 2010, same being an ordinance approving and adopting the City's General Budget for Fiscal Year
2009-2010, by approving "Budget Amendment IV" to the "Original General Budget of the City of
Friendswood, Texas, for the Fiscal Year 2009-2010"; providing for supplemental appropriation and/or
transfer of certain funds; providing for severability; and providing other matters related to the subject.
Seconded by Councilmember Barker. The motion was approved 6-0.
Councilmember Rivera stated this will fund the initial phase of the surveys, geotechnical and engineering
requirements for the animal shelter so it can keep moving forward.
Councilmember Barker stated $250,000 is going to be funded with engineering and maybe site
development or site studies for the new Animat Control building and will come out of the fund balance.
Councilmember Hill stated he recently heard that a preliminary site had been picked and the school had
been told that the City would build a road and build a parking lot behind the FFA building and if that site is
selected and we agree to do that it will cost$250,000 more than a site that already has a road, thinks site
selection is important and should do first before spending a dime of any money until sure of exact location
to build.
Councilmember Barker stated the money will not be site specific, can still do the engineering work, do not
need to stop moving forward.
Councilmember Rivera stated engineering work for the facility can be done regardless of the site, can do "�"""
surveys and geotechnical data now but it does not change the design of the building.
Councilmember Hill stated each particular piece of land has different soil conditions and requires different
engineering and does change the design of the building.
Mayor Smith stated if Staff runs into a problem to where they are not able to move forward with any
design or preliminary work that needs to be done then they can come back and tell Council.
Community Development Director Morad Kabiri stated the schedule is that the $250,000 allocated will get
this project shovel ready, assuming a site has been selected, is in the process of soliciting qualifications
for an architectural firm to construct the facility, will not be ready to award until April, will not do work until
a site is selected.
Mayor Smith stated it is safe to say what everyone wants will be accommodated.
Councilmember Barker stated does not need to be tied to one site.
Councilmember Reid stated until a site is selected no work can be done. Mr. Kabiri stated programming
work can be done but nothing else and will discuss selecting a site soon.
Acting City Manager Chief Wieners stated the work is being done, feasibility study has been done and
critical needs have been identified that need to be incorporated into the building. He further stated
despite the information out there, no decision had been made on the site.
Councilmember Barker stated the Animal Shelter Advisory Committee met on Tuesday and is going to
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come up with suggestions for a site selection.
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This meeting was adjourned at 8:00 PM.
avid J. . Smith
Attest:
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Melinda Welsh, TRMC OF S�
Interim City Secretary � 0
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