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HomeMy WebLinkAboutCC Minutes 2011-05-16 Regular 05/16/11 3574 � STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( MAY 16, 2011 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, MAY 16, 2011, 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 JIM HILL COUNCILMEMBER MICHAEL BARKER COUNCILMEMBER JIM BARR COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER BILL HOLBERT COUNCILMEMBER DEIRDRE BROWN CITY ATTORNEY BILL OLSON CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH REGULAR SESSION Mayor Smith called the meeting to order. � The invocation was given by Public Works Director Kaz Hamidian. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. JOINT DOCKETED PUBLIC HEARING Mayor Smith and Planning and Zoning Commission Chair Kevin Holland called the hearing to order to receive comments from the public, both oral and written regarding the consideration of a zone classification change request for Single Family Residential (SFR) to Business Park (BP) on two tracts of land east of W. Parkwood Avenue (FM 528), south of Lundy Lane: Tract 1: 46.3824 acres being part of Lot 8 and all of Lots 9-12 of the Von Pelt Subdivision ; and Tract 2: 2,346 square feet of land and being part of the Louie W. Lundy and Mary Kathryn Tract. (International Soccer Development Center) Planning and Zoning Commission Chair Kevin Holland asked if anyone would like to speak in favor of the proposed zone change. Cheri Skelton, consultant for the potential owner of the property, gave a brief background of the client stating he is a former soccer player from Scotland and is passionate for this sport. She stated that this project will bring unlimited possibilities for Friendswood and will bring in revenue and provide children with an additional place to play. She stated that the client would like to bring international soccer teams here to train and to have tournaments, property is currently zoned Single Family Residential and the request for the zone change to Business Park is because the property is unacceptable for residential construction based on the fact that it is near a canal, gun range, tower, animal control facility, sports complex, church, and the residents of Lundy Lane. She stated there are numerous pipelines on this facility so there can only be surface use of this property. This property sat vacant for several years because of the 99-year ,�, tower lease on the property which will be resolved when the City approves this proposed zone change. Planning and Zoning Commission Chair Holland asked if the property has access to FM 528 and Cheri Skefton stated yes. 05/16/11 3576 � Andrew Rabby, president of the adult organization of the Space City Futbal Club stated the property should be zoned Business Park and purchased by a private entity, others like it are generating a lot of revenue through adult programs, one in San Antonio brings in a lot of revenue and this would bring the same benefit to Friendswood, is a continued growth of soccer in the area and continuing youth in this area and making an exemplary program is good, other cities cannot do that and that should be taken into consideration, and would be great benefit to rezone the property to Business Park. Matt Leonard, president of the youth organization of the Space City Futbal Club, stated they have 2,500 children who participate from the Bay Area. He stated when Friendswood built Centennial Park it was a great vision but has not been used quite as well as it could have been, this development would allow Centennial Park to be used for Friendswood residents to use it for the youth. This new facility will alleviate some of the use of Centennial Park and also allow local people to come play soccer and have them shop in Friendswood. He is impressed with the potential owner of the property because he is extremely passionate about soccer and understands the way it is done in the leagues in England and is trying to bring that same flavor to this facility, and is a family oriented business. Planning and Zoning Commission Chair Kevin Holland asked if anyone would like to speak in opposition of the proposed zone change. Tom Timmons, Friendswood resident, stated he is not against the soccer fields but does not know that he is for it either, does not understand about Business Park zoning and wonders if there is a more fitting category, biggest concern is the exit onto Lundy Lane because there is already a lot of existing traffic, residents were told that Lundy Lane would only be used for emergency access which is fine right now but wonders how good that promise is once the land is rezoned. He asked what happens to that land if the soccer idea fails. He would like to hear from the City that they will enforce light and noise pollution ^ guidelines, is not against the park and does not know why the City did not do it but wants to know what it can be in the future. Planning and Zoning Commission Chair Kevin Holland stated once the zone change occurs it will permit certain uses. Mr. Timmons asked if someone else purchases the property with a different plan do they have to come before the Planning and Zoning Commission for approval and Mayor Smith stated if someone brings in an acceptable use for that zone they are allowed construction of that business. Mr. Timmons asked if Business Park is the appropriate category for this proposed business and Planning and Zoning Commission Chair Holland stated he has to do further research to answer that question adequately. Mike McLelland, Friendswood resident, stated he is not necessarily in opposition but is concerned about the property value, is concerned that if this property goes commercial the property across the street will never be used for residential and something will back up to his property that would reduce his property value. He stated everyone is talking about how wonderful this is for the children and asked if the children can play for free. He stated his daughter played soccer in Friendswood and loves the sport but just wants to make sure he does this right and does not want it to affect his property value. Kathy Adler Bowen, Friendswood resident, stated she is not necessarily against it and asked if rezoning it to Business Park will permit a hotel to be built in that park and Planning and Zoning member David O'Farrell stated Business Park uses can be obtained form the Community Development Department. The proposed owner stated he will use it for soccer fields but at the point the rezoning is finished the entire range of use is possible for that property. Residents can apprise themselves of all of the uses and decide for themselves about the possible uses. Planning and Zoning Commission Chair Kevin Holland stated hotels are not allowed but dormitories are allowed. Dale Dunn, Friendswood resident, stated he has to go down Lundy Lane every day and is all for youth ,_.,, athletics but has concerns that this is too good to be true and looks like a bait and switch and the City is being sold a bill of goods. 05/16/11 3578 ._.. This will allow us to move forward with the website rollout while we set-up and learn more about how to use the CRM. Once we have set up the CRM, tested the workflow and are comfortable with how it works, we can edit the"Questions, Requests &Concerns" page to link to this area rather than the existing form. We hope you will find this new website as user-friendly as it sounds — it certainly is more comprehensive. The City Manager reported that each year the Texas Division of Emergency Management, the National Weather Service, Emergency Management Coordinators and officials with local jurisdictions join together to recognize Hurricane Preparedness Week. Hurricane Preparedness Week in Texas has been set for May 22 — 28, 2011. This is an excellent time to build public awareness and remind residents living in evacuation zones to learn their evacuation routes in advance. It is also a time to encourage the general public to make plans for what they will do before and after a storm, to double check emergency supply kits for themselves, for persons with functional and access needs and for their pets. Fire Marshal/Emergency Management Coordinator Terry Byrd and the Office of Emergency Management staff have been busy with their hurricane preparedness efforts for the 2011 hurricane season. On April 5, Staff members attended the Texas Disaster Recovery Course in League City, and April 25-29, 2011, they attended the 2011 Texas Emergency Management Conference in San Antonio. On May 10, 2011, the Fire Marshal's Office (FMO) hosted the Annual City-wide Hurricane Preparedness Meeting at the Public Safety Building with contractors, churches, school districts, service providers, and other cities, along with the Mayor, Councilmembers, City department directors and supervisors to discuss their particular hurricane preparedness plans for the coming season. In addition, FMO staff will be meeting with the special needs facilities and nursing homes May 18, 2011, and the churches, faith-based organizations, and businesses on May 19 to discuss their preparedness levels. The Fire Marshal's Office staff will be training at TxDOT's Federal Highway Administration Emergency Relief Program May 17, 2011, and in June at the 2011 Gulf States Hurricane Conference and H-GAC's 2011 Regional Storm Debris � Management Assessment Workshop. In addition to refreshing their skills, FMO staff began conducting required training for City employees on NIMS 2011. Staff has been reviewing and updating all Annexes of the City's Emergency Management Plan as required by the State, updating the Debris Management Plan, reviewing the Debris Cleanup and Monitoring contracts, updating the master list for critical and vulnerable facilities and testing all Emergency Operations Center (EOC) equipment. They administered the Hazard Mitigation Grant Program projects resulting in the installation of generators at City Hall and the Library and protective window film on city facilities. The FM/EM staff will also be working with Community Development staff and the City's contractor while natural gas generators are being installed at fire stations, water plants and wastewater plants. Funding for these improvements was provided through the Community Development Block Grant (CDBG). The City Manager commended staff for continuing to be proactive in leading the City's efforts in training, coordinating meetings with the public, hardening our facilities, and continually working toward improving our preparations for dealing with the next catastrophic event that comes our way. The City Manager stated the City will host a Memorial Day Ceremony on Monday, May 30, 2011, at 10 AM. The ceremony will be held at the Veterans Memorial adjacent to Friendswood City Hall Councilmember Brown asked if the vendor that worked with Community and Economic Development Committee (CEDC) is who the City bought website services from and City Manager Roger Roecker stated no, the website was purchased from another company and had some formatting in place. City Attorney Bill Olson left the Council Chamber at this time. � 05/16/11 3580 � He felt it was his duty to point out to Council that he thought the agreements were subject to question, his sentiment was not shared by the goveming body and they chose to seek other counsel. Approximately 18 months later there was a significant change in the governing body and they returned him to his seat. Councilmember McGinnis clarified that he is currently the City Attorney for League City and Seabrook, and Arnold Polanco added that he is also with the City of Wallace and the City of Kendleton. Steve Weathered stated they work with the City of Rosenberg Police Department and alcohol issues. Councilmember Hill asked if Council is talking about issues and is going down a path, he feels like legal counsel does not interject, he asked if they feel free to state their opinion. Arnold Polanco stated one of the most important services they can provide is risk aversion and the sooner he can point out that the course of action being considered is a bad idea he will not be bashful about pointing it out. Steve Weathered stated one of the things he found helpful is to have an agenda conference prior to going forward and that gives a good idea before moving forward. He stated Council deserves the utmost respect and does not think being called down in a Council meeting fulfills the mission, would rather discuss in Executive Session. Connie Acosta stated that they have all had experience that the best way to avoid litigation is to speak up early and make sure Council understands the consequences of their actions. Arnold Polanco stated there is always an opportunity to go into Executive Session and Steve Weathered stated they make hand signals to the Mayor. Councilmember Barr asked if Friendswood were to retain the firm which attorney would be sitting in the chair and Arnold Polanco stated he would more than likely be the person but it depends on the individual relationships but this is a team and they operate as a team. They also have others in the firm to meet all legal needs. Councilmember Barr asked if they would attend the Planning and Zoning Commission meetings and Arnold Polanco stated they would attend if so desired. ,�.. Councilmember Barker stated a lot of times people that run for public office have strong personalities, asked how would they react knowing Council wants to hear a certain thing but you disagree, what extent will they go to handle it, will they put it in writing. Arnold Polanco stated they are not there to give answers Council wants to hear but what they need to hear, are free to ignore the advice, but are not here to make Council happy and legal advice sometimes cuts against the grain of another agenda but their concern is strictly legal. Steve Weathered stated it is important to know that they do not take sides with any particular Councilmember but provide the same advice to all. He stated part of their oath and duty is to explain all of the nuances that are out there. He stated he had a City Manager that stated any time they address a significant legal question he wanted the law cited to back it up and he learned that it was a good idea. He stated the law is gray and not always black and white. Councilmember Barker asked if they would give this in writing and Steve Weathered answered he does it often and cites where he is getting it from. Councilmember Brown asked if they monitored the work of collection counsel and Arnold Polanco stated they do if it is a request of Council. Steve Weathered stated other Council's require the tax attorney to give a quarterly report and get a list of priorities. Mayor Smith asked what they think sets their firm apart from others and Steve Weathered stated the core litigation experience, attorneys without litigation experience occasionally find themselves in difficulty when they have to go to court and are not familiar with that experience. They have finro board certified civil litigators that they rely on, he handles Planning and Zoning Commission, the Zoning Board of Adjustment and Appeals, code enforcement appeals, direct variances and the Building and Standards Commission. Arnold Polanco stated they do not do development related work, they do not represent developers or Homeowners Associations or development initiated entities such at Tax Reinvestment Zones or Municipal Utility Districts. Connie Acosta stated since they work as a team they are in constant communication �..,, about the different issues within the City so that they are not going in counter-purposes and the City can accomplish their goals. 05/16/11 3582 � ACTION ITEMS No motion was made regarding the Wight Realty Interests, Ltd., litigation. ""Councilmember Holbert moved to approve to let the City of Houston know the City of Friendswood is not prepared to make payment to them until more information is provided. Seconded by Councilmember Barr. The motion was approved 6-1 with Councilmember Brown opposed. RESOLUTION **Councilmember Holbert moved to approve Resolution R2011-12 — A Resolution of the City of Friendswood, Texas, Galveston/Harris counties, endorsing the reappointment of five (5) members and appointment of one(1) new member to the Galveston County United Board of Health. Seconded by Councilmember McGinnis. The motion was approved unanimously. ORDINANCES Mayor Smith closed Council's portion of the Joint Docketed Public Hearing. **Councilmember Holbert moved to approve the First Reading of Ordinance T2011-13 — 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 19t" day of November, 1984, and being the Zoning Ordinance of the City, by amending Subsection D of Section 15 "amendments" to clarify language regarding the notice of Joint Public Hearings; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability (Tabled April 04, 2011). ~ Seconded by Councilmember Barr. The motion was approved 6-1 with Councilmember Brown opposed. "'`Councilmember Barr moved to approve the Second and Final reading of Ordinance 2011-17 — An Ordinance amending Appendix C of the of Ordinances of the City of Friendswood, Texas, said Appendix C being the Zoning Ordinance of the City, by changing the Zoning classification of a 1.4950-acre tract of land located at 1003 and 1105 S. Friendswood Drive (all of Lots 2 and 3, Bales Lea Subdivision, according to a map or plant thereof recorded in Volume 18, Page 334, Galveston County map records, Galveston County, Friendswood, Texas), form Neighborhood Commercial (NC) to Downtown District (DD); providing for 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 (Texas Gulf Bank N.A.). Seconded by Councilmember Hill. The motion was approved unanimously. **Councilmember Barr moved to approve the First Reading of Ordinance T2011-18 — An Ordinance amending Appendix C of the Code of Ordinances of the City of Friendswood, Texas, Appendix C being the Zoning Ordinance of the City, by changing the Zoning Classification of a .4821-acre tract of land, located at 307 E. McKissick League of J.R. Williams League; providing for the granting of a new Specific Use Permit (SUP) to allow the use of the property for NAICS use #621 — Ambulatory Health Care Services, NAICS use #52 — Finance and Insurance, NAICS use #531 — Real Estates, NAICS use #54 — Professional, Scientific and Technical Services, NAICS use #55 — Management of Companies and Enterprises, and NAICS use #8121 — Personal Care Services, and providing exclusions; providing for amendment of the 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 (Bergamos — Real Estate Office). (Amended May 02, 2011). Seconded by Councilmember McGinnis. The motion was approved unanimously. � 05/16/11 3584 � The meeting was adjourned at 10:35 PM. Mayor David J.H. mith Attest: � �.--� \���`-� b \ Melinda Welsh, TRMC FR�ElyO City Secretary OF s� � C� p � * s �4rF oF T��'w� � �