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HomeMy WebLinkAboutCC Minutes 2011-03-07 Regular 03/07/11 3518 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( MARCH 07, 2011 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, MARCH 07, 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 JIM BARR COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER DEIRDRE BROWN (Arrived at 8:14 PM) CITY ATTORNEY BILL OLSON CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH Councilmembers Michael Barker and Bill Holbert were absent from the meeting. 7:00 PM—REGULAR SESSION Mayor Smith called the meeting to order. "`"�" The invocation was given by Pastor Jim Bass, Friendswood United Methodist Church. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. Mayor Smith recognized the Cub Scout Tiger Cubs, Den 4, Pack 442 of the Bay Area Council, Northern Star District who were attending the meeting to learn about civic duty and responsibility. JOINT DOCKETED PUBLIC HEARINGS 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 a tract of land containing ten acres in the J.R. Williams League being Lot 7, Block 2, of Friendswood Subdivision, property located at 402 Laurel, Galveston County, to change from Single Family Residential (SFR) to Planned Unit Development-Specific Use Permit (PUD-SUP) — Educational services, elementary and secondary schools, and other schools and instruction (Friendswood Junior High). Planning and Zoning Commission Chair Kevin Holland asked if anyone would like to speak regarding the proposed zone change. Steve Rockey, Friendswood resident, stated he is speaking on behalf of the Friendswood Historical Society and they are in favor of the proposed rezone. George Rogers stated he is with the Friendswood Independent School District (FISD), gave a history of the applicant acquiring this building from FISD and stated the school district is in favor of this zone ,_r„ change because FISD is not using this building. 03/07/11 3519 ... Steve Hart, Friendswood resident, stated he lives across the street from the Junior High schooi and has questions, is in favor of gymnastics but right now the property is zoned Single Family Residential-Specific Use Permit (SUP) and if it already permits one of the classifications with the SUP he is wondering why this needs to be done. This classification permits cluster housing and is curious about the Planning and Zoning Commission's position on high density residential in this area. He stated he has seen maps with a proposed Main Street development area, knows the City has limited intent but this may open the area up to higher density development later. Community Development Director Morad Kabiri stated that this application will be limited to the three areas listed. He stated there will be a Planning and Zoning Commission meeting immediately following the Public Hearing where the commission will further discuss this proposed change and City Staff will be available to answer questions. This Planned Unit Development (PUD) is limited to Education and does not permit Cluster Housing. Mayor Smith stated that the zoning rules must be followed by applicants and they must go through due process such as this Public Hearing. Mr. Hart stated parking is an issue and the proposed use of the building can draw a lot of traffic and there is parking on the grass, and suggested that FISD cordon off the area to keep people from parking in that area. George Rogers with FISD stated the parking issues have been brought to the school district's attention and Superintendent Trish Hanks supports doing something about this issue. Mr. Hart stated he has heard rumors about possibly using the old part of the Junior High School for some sort of historic designation and questions what impact that would have on tonight's decision. Mayor Smith stated that is not germane to tonight's discussion. Hearing no further comments, Planning and Zoning Commission Chair Kevin Holland closed this portion of the Public Hearing. Hearing no further comments Council kept the Joint Docketed Public Hearing open. 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 zone classification change request for a tract of land containing.333 acres, Lot 1, Block 1, of Winding Hollow, property located at 107 Shadwell, Galveston County, to change from Planned Unit Development — Special Use Permit(PUD-SUP)) to Planned Unit Development with (new) Specific Use Permit(PUD-SUP)— Insurance and Finance, Real Estate and Rental and Leasing, and Professional, Scientific and Technical Services. Planning and Zoning Commission Chair Kevin Ho�land asked if anyone would like to speak in favor of the proposed zone change. Clayton Johnson, applicant, stated this is a benefit to the City because it will be used for professional offices that will be open from 8:00 AM to 5:00 PM, will allow the City to use the park in the evenings, has five employees, limited parking, and are closed Saturdays and Sundays so it will not affect park activities. He stated this was previously a day care and a travel lodge and has now been cleaned up to become an insurance agency. Planning and Zoning Commission Chair Kevin Holland asked if anyone would like to speak in opposition of the proposed zone change. Hearing no further comments, Planning and Zoning Commission Chair Kevin Holland closed this portion of the Public Hearing. Hearing no further comments Council kept the Joint Docketed Public Hearing open. ..� 03/07/11 3520 � With concurrence of Councii, Mayor Smith moved to Agenda Item 8, Consideration and possible action regarding discussion with the Planning and Zoning Commission regarding amendments to Appendix C, Section 7 — Regulation Matrix, Section 8 — Fenestration Requirements and Section 15 — Notice Requirements. ACTION ITEM '`*Councilmember Barr moved to have a discussion with the Planning and Zoning Commission regarding amendments to Appendix C, Section 7 — Regulation Matrix, Section 8 — Fenestration Requirements, and Section 15— Notice Requirements. Seconded by Councilmember McGinnis. The motion to discuss was approved 4-0. Community Development Director Morad Kabiri explained what the amendments are that are being proposed, requesting a 20 feet setback because the current five foot setback is not sufficient space to park in the driveway. He stated it is proposed to change the rear setback from 10 feet to 20 feet to accommodate rear utilities and landscape buffers. Mr. Kabiri stated the Garden Home District was intended to provide smaller lots for cluster-type houses but the parking requirements are still the same, and explained the fenestration requirements in downtown. Council asked the Planning and Zoning Commission to define more absolute regulations and Mr. Kabiri stated some of those changes were to allow for faux windows in order to meet the 40 percent fenestration requirements, to change the notice requirements by sending a notice out on Groupbuilder but not via mail for proposed changes within 200 feet. With concurrence of Council, Mayor Smith moved to Agenda Item 6, Communications from Committees „� and Special Reports—Annual report from Planning &Zoning Commission Chair Kevin Holland. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Planning and Zoning Commission Chair Kevin Holland distributed a written annual Planning and Zoning Commission report to Mayor Smith and Council. He reported that the process of selecting commissioners has been implemented with recommendations from Council and there are excellent candidates who want to serve the City, and thanked each applicant for their efforts toward service. The Planning and Zoning Commission adjourned to the upstairs conference room to continue their meeting. COMMUNICATIONS FROM THE PUBLIC Troy Hopkins, Friendswood resident, addressed Council and stated he would like to introduce his daughter Reagan Hopkins and her friend Vanessa Marcuccio who raised $207.31 over three months for the Animal Shelter. He stated they walked dogs, cleaned houses, and did miscellaneous odd jobs to raise the money. Mayor Smith asked Police Chief Bob Wieners to accept the donation on the City's behalf. Mayor Smith stated it is a fine example of citizenship on their behalf and thanked the girls for their efforts. Adam Lambert, with Friendswood Development and Project Manager for West Ranch, stated with Council's permission, he will speak when his agenda item is presented. Anne Wittman, Friendswood resident, addressed Council and stated there is a misconception that only nearby residents are opposed to the Sleep Inn Hotel being built in Friendswood but this hotel affects all ,�,,, Friendswood residents, has the potential to negatively affect the community, and is near an intermediate school. She further stated that her family moved to Friendswood from the Heights in Houston because the neighborhood was not conducive to rearing children and was not the caliber of Friendswood schools. 03/07/11 3521 � Building a hotei next to the school has the potential to deteriorate the quality of that school and decrease the quality of education. Diane Leaverton, Pearland resident, addressed Council and stated she is against the Pearland airport and a Municipal Management District or an Economic Development District for the Pearland Regional Airport. She read a lengthy prepared statement explaining why she is opposed. Mayor Smith asked if she understood that the proposed airport is not in the City of Friendswood and she stated she did know that. Fred Krch, Friendswood resident, addressed Council and stated he had pictures to show but could not show them since the machine Staff uses for Council was not available, has done more research on animal shelters and the City is looking at approximately $750,000 on annual maintenance for this which is a big chunk of change. Jackie Gibson, Friendswood resident, addressed Council and stated she had not planned to speak but Mayor Smith stated something during the Joint Docketed Public Hearing about making sure developers are compliant. She further stated it is the City's responsibility to ensure that the developers are following the City's processes and procedures. Ajay Jain should have always had to submit an application for a Specific Use Permit (SUP) for the Sleep Inn, and the City should not be reimbursing Mr. Jain for his expenses. Mr. Jain made a choice, took a gamble and lost, and the City does not need to spend $2 million for that land. CITY MANAGER'S REPORT City Manager Roger Roecker reported that the Parks and Recreation-Community Services Department together with the local sports organizations are planning Youth Sports Day for Saturday, March 26, 2011. ""�"" The day will begin at 9:00 AM with a parade down Friendswood Drive featuring all the Little League and Girl's Softball teams. The parade will start from Chase Bank and end about an hour later at Renwick Park, where the Opening Day Ceremony will be held. At the ceremony the team names will be announced, participation ribbons will be presented, a local pastor will give an invocation, and the league presidents have an opportunity to say a few words as well. The Mayor and Council are invited and one lucky Councilmember will have the honor of throwing out the first pitch! The City Manager reported that in May of this year, Texas Department of Transportation plans to let a reconstruction project to widen the main-lanes and frontage roads of Interstate 45. The project improvements will encompass a little less than one mile between Kurland Road and FM 2351. As a result of the project, a portion of FM 2351 under I-45 will be shut down at various times during this construction. During these periods, traffic from Friendswood, wishing to travel north of I-45 will be detoured along the southbound frontage road to EI Dorado. At this time, the proposed improvements affecting FM 2351 are anticipated to take place during the third phase of the project; however, the timing is subject to change. As the project's construction nears and Staff is provided with more definitive information, notices will be sent via e-mail distribution to the residents. ACTION ITEM "`"Councilmember Barr moved to remove from the table a license agreement with Texas-New Mexico Power Company related to the use of property within Centennial Park and authorizing the Mayor to execute the agreement. Seconded by Councilmember McGinnis. The motion was approved. *"Councilmember Barr moved to approve a license agreement with Texas-New Mexico Power Company related to the use of property within Centennial Park and authorizing the Mayor to execute the agreement � as long as the poles are on the south side and the license is for the lines to be run along the eastern boundary of Centennial Park. 03/07/11 3522 ,�... Seconded by Councilmember Hill. The motion was approved 4-0. Mayor Smith clarified the motion by stating that Council is approving the license agreement with these changes to the agreement: that the poles are on the south side, opposite the school and still allowing for the underground work as it currently stands. *"Councilmember Barr moved to approve the disposition of Bid No. 2011-07 for the 2011 Sewer Rehabilitation Project, authorize the Mayor to execute the contract and award to Repipe Construction, Ltd. Seconded by Councilmember Hill. The motion was approved 4-0. RESOLUTIONS *"Councilmember Barr moved to approve Resolution R2011-08 -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 4-0. **Councilmember Hill moved to approve R2011-09 — A Resolution of the City Council of the City of Friendswood, Texas, approving a fourth amendment to the interlocal agreement with the Galveston County Consolidated Drainage District (GCCDD) dated April 2, 2007, in regard to the establishment and collection of drainage fees for additional impervious cover. Seconded by Councilmember McGinnis. The motion was approved 4-0. „�,,,, With concurrence of Council, Mayor Smith moved to Agenda Item 14, Consent Agenda. CONSENT AGENDA **Councilmember Barr moved to approve the Consent Agenda as presented: A. Authorizing acceptance of public improvements for the FM 518 Drainage Project for the Contractor's one-year maintenance period. B. Authorizing disposal of surplus and seized vehicles in the Police Department through Houston Auto Auction. C. Accept the January 2011, Property Tax Report. Seconded by Councilmember McGinnis. The motion was approved 4-0. With concurrence of Council, Mayor Smith moved to Agenda Item 13, Communications from the Mayor and Councilmembers. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember McGinnis stated he attended a Texas Municipal League seminar for elected officials and heard a presentation on public-private partnerships as it relates to cities, and has a handout for Council if there is an interest. Councilmember Hill stated he attended a fundraiser for Hope Village on Saturday, March 5, 2011, and wished he had mentioned it at a previous meeting so that more people would have had the opportunity to attend. He stated they had a great turnout and is one of the best kept secrets in Friendswood. The work that is done out there is amazing, is privately funded, their tea room is open and they do a lot of good things. Councilmember Barr stated he wants to make sure that citizens are aware that there is a newly formed ,�..., Recycling Committee that meets every other week to review the Friendswood recycling programs. There is a survey that will be out soon to receive citizens' input. He gave a reminder about the upcoming Spring Sparkle event and stated it is a good chance to clean out garages and get all of the junk out before Spring. 03/07/11 3523 ...� Community Development Director Morad Kabiri walked into Council Chambers at this time and reported on the Planning and Zoning Commission meeting's activities and stated the Friendswood Independent School District(FISD) rezoning recommendation was tabled for additional discussion at the next Planning and Zoning Commission meeting. He stated that the Shadwell Specific Use Permit (SUP) was forwarded with a positive recommendation with changes to limit it to insurance, did not want to expand under 5400 which allowed such uses as animal testing and other allowed uses, approved uses under North American Industry Classification System (NAISC) Code 52, and uses 531 but nothing beyond, and approved use 54 but no other uses, and took out uses 541940 and 541380. Mayor Smith closed Council's portion of the Joint Docketed Public Hearings. ORDINANCES No action was taken on the First Reading of Ordinance No. T2011-10 — An Ordinance amending Appendix C of the Code 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 10.0 — acre tract of land at 402 Laurel from Single Family Residential (SFR) to Planned Unit Development District (PUD-SUP); providing for the granting of a Special Use Permit to authorize the use of property within said PUD for NAICS use #611 — Educational Services, NAICS use #6111 — Elementary and Secondary School, and NAICS use #6116—Other Schools and Instruction; providing for the amendment of the official Zoning Map; imposing certain conditions; providing a penalty in an amount not to exceed $2,000 or each day of violation of any provision hereof; and providing severability. **Councilmember Barr moved to approve the First Reading of Ordinance T2011-11 — 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 by the City, by changing the zoning classification of property located at 107 Shadwell Way within the City from Planned Unit Development with Specific Use Permit(PUD-SUP) to Planned Unit Development with (new) Specific Use Permit (PUD-SUP) to authorize the use of the property for finance and insurance, real estate and rental and leasing, and professional, scientific and insurance, real estate and rental and leasing, and professional, scientific and technical services uses; providing for the amendment of the City's Official Zoning Map; 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 Hill. ***Councilmember Barr amended the motion to state that Council take the Planning and Zoning Commission's recommendation to limit the Specific Use Permit on the Shadwell application to 52: Finance and Insurance and any other use that is permitted under that section; Limit Section 53 only to 531: Real Estate and none of the other uses; approve the uses allowed for in Section 54 minus 541940 for Veterinary Clinics and minus 541380 for Testing Labs. Seconded by Councilmember Hill. The amended motion was approved 4-0. ****The main motion, as amended, was approved 4-0. CLOSED EXECUTIVE SESSION Councilmember Brown arrived at this time and went into the Executive Session in the Executive Conference Room at 8:14 PM. 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. (Potential litigation involving claim received � from Ajay Jain). 03/07/11 3524 ,.�.. No discussion was held regarding Section 551.074 — Personnel Matters to deliberate the appointment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or to hear a complaint or charge against an officer or employee. (Annual evaluation of the City Manager). Council convened into Regular Session at 9:14 PM with no action taken later in the meeting. No action was taken regarding the annual evaluation of the City Manager. The meeting was adjourned at 9:16 PM. Mayor David J.H. Smith Attest: F R�ElyO ` °�` s� � Melinda Welsh, TRMC V o City Secretary �... * * tP y ��rF OF tE�P �.