HomeMy WebLinkAboutCC Minutes 2005-02-07 Regular 02/07/05 2271
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
FEBRUARY 07, 2005 )(
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, FEBRUARY 07,2005 AT 4:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS,910 S.
FRIENDSWOOD DRIVE, FRIENDSWOOD,TEXAS,WITH THE FOLLOWING PRESENT CONSTITUTING A
QUORUM:
MAYOR KIM BRIZENDINE
MAYOR PRO-TEM JERRY ERICSSON
COUNCILMEMBER LAURA EWING
COUNCILMEMBER TRACY GOZA
COUNCILMEMBER DAVID SMITH
COUNCILMEMBER SHANNON KIMMEL
COUNCILMEMBER MEL MEASELES
CITY ATTORNEY LOREN SMITH
CITY MANAGER RON COX
CITY SECRETARY DELORIS MCKENZIE
Mayor Brizendine called the meeting to order.
4:00 PM—WORK SESSION
Governance discussion was held regarding Vision 2020. Deputy Director of Community Development Dan
Johnson provided a PowerPoint presentation which included Vision 2020 developmentscenarios,assumptions,
actuals,follow Zoning Plan, reviewed existing Commercial acres,a new approach to Commercial acres,ready
for a development plan, reviewed current situation—Land Use(acreage),3,584 undeveloped commercial land,
current situation —finances, looked at tax revenue trends, expenditure and revenue trends, total tax trends,
current property taxes and sales taxes collected, Buildout Development Plan Scenarios depicting 37 different
combinations of residential/commercial buildout scenarios and break-even point at about 2,200 acres this
equates to 78% Residential and 22% Commercial which are conservative numbers, reviewed next steps for
Vision 2020. Council agrees on approach and adopts a goal of at least 2,200 commercial acres and
Commissioners, Committees and Staff rally around shared goals. Council discussed the scenarios and
reached consensus that the 2,200 is a good definitive number to work with, discussed keeping abreast of
legislation that would impact this plan and the need to rally committee members, Homeowner's Association's,
etc.
Discussion was held regarding the West Ranch Financing District. City Manager Ron Cox provided a
PowerPoint presentation and provided an overview of the proposed Legislation. The City and Developer are in
agreement to the points of the document, reviewed the appointment process of the five member governing body
of the Management District for four years,staggered terms with three members appointed from a list provided
by owner of 25% of property, unless no owner is so qualified and two members appointed at the discretion of
the Council, reviewed powers of the District, will be a taxing entity, the Municipality is not responsible for
indebtedness of the District,the City may,at its discretion,decide to dissolve the District and would if dissolved,
any indebtedness will be transferred to the City, remaining issues and steps to be taken, authorize by
Resolution, the submission of the draft legislation, determine if any additional incentives are justified or
necessary over and above this legislation,Tax Increment Reinvestment Zone or sales tax rebates for example,
negotiate controlling agreements, consent to creation of ordinance — consenting to and
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acceptance of the District, after the bill is enacted by the Legislature and depending on the form,either one or
two agreements (controlling documents), Development Agreement— between the City and the District and
Utility Agreement—between the City and the Developer,will move forward quickly with the Resolution before
Legislature and will begin working on the agreements.
Discussion was held regarding Citizen Survey results,discussed the survey results regarding drainage,possibly
need education on what the City has accomplished, survey affirmed the need for focus on drainage, survey
shows people are happy but where does this lead to,what is the next step to get to the next level, discussed
confidence level and the next steps for using the results. Senior Staff will review and make recommendations,
reviewed Service Satisfaction Table, survey gave excellent, positive results. Mayor Brizendine stated he felt
there were some gaps in the survey,some deficiencies in the questions asked such as communication,green
space,why did you move here and why do you locate small business outside of the City.
Mayor Brizendine called a recess at 6:00 PM.
7:00 PM—REGULAR SESSION
The Invocation was given by Pastor David Ruzicka from Crossroads Community Church.
Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas.
SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS
City Manager Ron Cox made a special presentation of the Five Star Award for the Fourth Quarter of 2004 to
James Dement, DARE Officer with the Police Department and instructor for the Friendswood Independent
School District and Clear Creek Independent School District. Officer Dement came to work for the
Friendswood Police Department in March of 1999 and began teaching the DARE program the following year.
He was nominated by teachers and counselors, his fellow employees, but most importantly by his students.
Officer Dement has become a great role model for the City's younger citizens by teaching them how to make
the right choices in their lives. He has gained their trust and earned their respect. He is a Friendswood resident
and is actively involved in the area youth sports programs, having two young sons of his own. Mr. Cox asked
everyone to please extend their congratulations to this fine police officer who,in working so well with ouryoung
people, has consistently exhibited the five traits of the Five Star Spirit — courteous, competent, reliable,
professional and enthusiastic.
COMMUNICATIONS FROM THE PUBLIC
Russell Burkett, 309 Charleston, addressed Council and stated his concern is regarding the use of Renwick
Park by baseball teams,is asking for equal rights for all players to be allowed to play on City parks,has a team
of Friendswood players that have to play in Deer Park,taxpayer dollars fund the fields, made presentations to
Friendswood Little League and was turned away.
Keith Myers, 1303 Thomas Drive, addressed Council and stated congratulations to Officer Dement and the
honor is well deserved, stated he has been with the baseball league for 11 years, is speaking on behalf of
Friendswood Baseball League and is asking for help for play time on Renwick Fields, has six teams and thinks
they deserve playing time, the Friendswood Little League Board gave permission to Friendswood Baseball
League and then the City overturned the Board action, is asking for help to let the 60 plus kids play time, and
presented a petition of 100 signatures.
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Marilyn Holle, 1406 Piney Woods, addressed Council and stated he is a business owner and taxpayer for the
last 18 years, has three children playing ball, feel as a taxpayer that children should be allowed to play and
have equal access,does not think the City has a right to a monopoly for the Little League,wishes the Citywould
give Friendswood Baseball League a chance to succeed or fail.
Emily Rich, 1905 San Joaquin Parkway,addressed Council and stated she has one son in baseball,has played
in Little League but sought another option and hasjoined Friendswood Baseball League,wants field usage at
Renwick Park,this is about the kids,take opinion and personalities out of it, provide the opportunities to allow
the kids to excel.
Dan Loaiza, 3700 FM 528, Calvary Chapel, addressed Council regarding the sign ordinance and stated this
issue has been worked on and discussed for almost a year and it seems like it has been back and forth,would
like to see it move forward tonight and not tabled,encouraged Council to proceed to bring the sign ordinance up
to the level this City deserves.
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS
Steve Huffman, Chair of the Library Board, thanked Council for the opportunity to address the Council and
introduced the Board members and Staff who were present which were Mark Lasch,Larry Seelig,Ted Thomas,
Dee Dee Race, and Librarian Mary Perroni and mentioned Board members Ruth Lay and Betsy Finger who
were not present. Mr. Huffman reported that Councilmember Laura Ewing is the Council Liaison and she
attends the meetings regularly. He made a brief presentation on the missions,goals and accomplishments of
the Board over the past year and presented their annual report.
CITY MANAGER'S REPORT
City Manager Ron Cox stated he had no report.
RESOLUTION
**Councilmember Goza moved to approve Resolution No. R2005-09—A Resolution of the City Council of the
City of Friendswood, Texas, approving and supporting passage of legislation creating the West Ranch
Management District.
Seconded by Councilmember Smith. The motion was approved unanimously.
ORDINANCES
**Councilmember Goza moved to approve the Second and Final reading of Ordinance No. T2004-19, 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 certain 240.19 acre tract of land from
Single-Family Residential (SFR)to Multi-Family Residential-Garden Home District(MFR-GHD),such tract being
known as tracts 2,4 and 6 out of the John Dickinson League Abstract 9,in the City of Friendswood,Galveston
County, Texas, by changing the Zoning Classification of a certain 74 acre tract of Land from Single-Family
Residential (SFR)to Community Shopping Center(CSC),such tract being known as tracts 3 and 7 out of the
John Dickinson League Abstract 9,in the City of Friendswood,Galveston County,Texas,all of which are within
the City limits of the City; providing for the amendment of the City's Official Zoning Map; providing for
severability;and providing a penalty in an amount not to exceed$2,000 for each day of violation of any provision
hereof. (Previously tabled 12/06/04)
Seconded by Councilmember Smith. The motion was approved unanimously.
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**Councilmember Ericsson moved to approve the Second and Final reading of Ordinance No.T2004-20,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 certain 404.5 acre tract of land from
Single-Family Residential (SFR)to Planned Unit Development(PUD)-Cluster Homes,such tract being known
as tracts 1 and 5 out of the John Dickinson League Abstract 9, in the City of Friendswood, Galveston County,
Texas, by changing the Zoning Classification of a certain 240.19 acre tract of land from Multi-Family
Residential-Garden Home District(MFR-GHD)to Planned Unit Development(PUD)-Cluster Homes such tract
being known as tracts 2, 4 and 6 out of the John Dickinson League Abstract 9 in the City of Friendswood,
Galveston County,Texas, by changing the zoning classification of a certain 47.35 acre tract of land from Single-
Family Residential (SFR)to Planned Unit Development(PUD)-Cluster Homes,such tract being known astract
8 out of the John Dickinson League Abstract 15 and the Sarah McKissick Survey,Abstract 549, in the City of
Friendswood, Harris County, Texas, all of which are within the City limits of the City; providing for the
amendment of the City's Official Zoning Map; providing for severability; and providing a penalty in an amount
not to exceed $2,000 for each day of violation of any provision hereof. (Previously tabled 12/06/04)
Seconded by Councilmember Measeles. The motion was approved unanimously.
**Councilmember Ewing moved to approve the First reading of Ordinance No. T2005-07, 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 certain 2.784 acre tract of land from Single-
Family Residential (SFR)to Community Shopping Center(CSC), being a portion of unrestricted Reserve"B"
along Friendswood Lakes Boulevard, Friendswood Lakes Subdivision,Section One,in the City of Friendswood,
Galveston County,Texas; by changing the zoning classification of a certain 3.549 acre tract of land from Single-
Family Residential (SFR)to Community Shopping Center(CSC),such tract having frontage on FM 528 and on
Friendswood Lakes Boulevard, Friendswood Lakes Subdivision,Section One, Reserve"A,"Galveston County,
Texas; by changing the zoning classification of a certain 9.842 acre tract of land from Single-Family Residential
(SFR) to Community Shopping Center (CSC), such tract being frontage on FM 528, Friendswood Lakes
Subdivision,Section One,Galveston County,Texas,all of which are within the city limits of the city;providing for
the amendment of the city's official zoning map; providing for severability;and providing a penalty in an amount
not to exceed $2,000 for each day of violation of any provision hereof.
Seconded by Councilmember Ericsson. The motion was approved unanimously.
No action taken on Ordinance T2005-08: (Title: First readinq of an Ordinance of the City of Friendswood
amendinq the city's zoninq ordinance with reqard to requlation of siqns within the city, providinq for a penalty,
and providinq for severability)An Ordinance of the City of Friendswood amending Appendix A of the Code of
Ordinances of the City of Friendswood, Texas, same being the zoning ordinance with regard to regulation of
signs as a part of Ordinance No. 84-15, as amended,Appendix A being created by Ordinance No. 91-15, as
amended, by deleting from Section 1 thereof the definitions of business park,energized sign,and readerpanel,
and by adding to Section 1 thereof definitions of animated sign, awning, banner sign, changeable copy sign,
civic sign,commercial message,flashing sign,master sign plan,noncommercial message,nonconforming sign,
obsolete sign,off-premises sign,on-premises sign,and street banner;by amending Section 2 thereof to require
the submission of a Sign Plan drawn to a standard architectural or engineering scale, to require sign permit
applications to be signed by the property owner and the sign installer,to delete certain permit exemptions,and
to exempt from permit requirements the changing of the message of a changeable copy sign; by deleting
therefrom Section 7 regarding fire/safety hazards in its entirety; by amending Section 8 thereof to prohibit the
alteration of traffic signs; by amending Section 9 thereof to prohibit obsolete signs, animated signs, flashing
signs, and ground signs that are not monument signs; by amending Section 10 thereof to allow Community
Development to designate a place to hold impounded signs under this ordinance; by amending Section 12
thereof to delete the prohibitions against energized signs and to institute
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regulations concerning changeable copy signs; by amending Section 13 thereof to require all wiring to
monument signs to be installed underground; by amending Section 15 thereof to regulate the location,
permitting and size of temporary signs, temporary real estate subdivision signs, temporary direction signs,
temporary political signs,garage sale signs,open house signs,and temporary street banner signs; by deleting
therefrom Sections 16, 17, 18, 19, and 20 in their entirety; by amending Section 21 thereof to change the
allowed size of permanent signs in residential districts; by amending Section 22 thereof to require a master sign
plan for all wall signs and ground signs in nonresidential districts,and to allow off-premises signs and directional
signs in nonresidential districts if the permit application is signed by both property owners;by amending Section
25 thereof to use the definition of obsolete signs and to delete the requirement of removing an abandoned sign
prior to approval of a new sign permit on the same property; by amending Section 26 thereof to require the
removal of nonconforming signs associated with nonresidential properties which have been vacated for 90 days
or more; by amending Section 27 thereof to except from regulation hereunder all signs containing a
noncommercial message; providing a penalty in an amount not to exceed$2,000.00 for each violation hereof;
repealing all ordinances,or parts of ordinances,in conflict here with to the extent of such conflict;and providing
for severability.
**Councilmember Measeles moved to approve the First reading of Ordinance No.T2005-09,An Ordinance of
the City of Friendswood, Texas, amending Ordinance No. 84-15, as amended, same being the zoning
ordinance of the city, by amending Section 8.h.2 thereof regarding planned unit development standards and
requirements related to cluster home developments to allow cluster home developments to set aside a
minimum of twenty percent(20%)of the development as open space for developments with a maximum of 2.7
units per acre, a minimum of thirty (30%) as open space for developments with a maximum of 3.0 units per
acre, and a minimum of forty percent(40%)as open space for developments with a maximum of 4.0 units per
acre, to require minimum lot area of 6,000 square feet, to establish regulations regarding lot coverage, lot
frontage, and setbacks in cluster home developments,to establish circumstances under which the Planning
and Zoning Commission can modify the width of streets and right-of-ways in cluster home developments,to
limit above-ground infrastructure development subject certain requirements;by amending Section 7.q.2 thereof
to establish a new matrix containing the lot setback requirements for cluster home developments; providing a
penalty not to exceed $2000.00 for each violation of any provision hereof; repealing all ordinances,or parts of
ordinances, in conflict herewith; and providing for severability.
Seconded by Councilmember Smith. The motion was approved 6-1 with Councilmember Kimmel opposed.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
Councilmember Kimmel reported he would like to thank Mayor Brizendine for taking the time to meet with him
this weekend. He stated that they discussed Little League and tried to work through the problem,spoke to the
Mayor today and he is going to try to get this on a Worksession for February 21 pertaining to what is heard
tonight. He further stated he would like to make a few comments, I told the Mayor that I was not sure if I would
be here on the 21 st,due to my travel schedule but the comments I would just like to make for you to take into
consideration is my Dad's tenure with Baylor in baseball. My Dad coached a team thatwentto the Baylor World
Series. My brother played on the team and they did remarkably well. There was nine years age difference
between me and my brother. The point of the matter is you do not only hear about his favorite play and that he
has gone away and played in other parts of the country and could not be here so things continue to evolve and
things continue to change. To allow a motion on this issue is, in my opinion,taxation without representation.
The park's name is Renwick. It is not the Ron Cox Park, it is not the Little League Park, and it is not the
Shannon Kimmel Park either but it is the citizen's park of Friendswood. I asked Council to take a look atthis,let
us see what is right,and do it now and not later. I do not think it is sorry we are working this issue. Is this issue a
Jeff Branscome issue? He has had a similar request for something, if so,then we are being very childish and
shame on us if that is what we are looking at. I say stop all the bad let us address the
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fact that by denying children a place to play that their parents pay for. Another point I would like to make is two
wrongs do not make a right. Why are we fighting with a group that rescinds their management decisions very
much like most groups that I can see that make bad decisions out there we got to turn ourselves from that and
do what is right for the children. All the weird policies we are following that I can see and are missing the facts
that have been presented to all of us. I went to a Super Bowl party last night and I saw a lot of these gentlemen
that their children play Little League Baseball and play Little League T-Ball. A lot of them said this is where we
are headed,we are heading to a league like this and we do not want to play Little League,we do not like the
Little League. I ask ourselves how many bad decisions do we need to suffer. Do we need another threatened
lawsuit? We do not need that. We just need to do what is right for the children. Let us stop this and not allow
this to grow and I am just here to say that I am looking forward to the Council's deliberation on this issue and the
upcoming issue. Thank you.
Councilmember Smith reported he met with the Windsong Homeowner's Association last week,attended the
recent Planning and Zoning Commission meeting and would also like to extend congratulations to Mayor
Brizendine and Staff for the State of the City Address.
Councilmember Goza reported he had no comments.
Councilmember Ericsson reported that the State of the City Address went well and has heard good comments,
the Houston-Galveston Area Council Annual Banquet will be held on February 18, 2005, and encouraged
Council to attend.
Councilmember Ewing reported on Relay for Life coming up April 22,will participate again this year and attend
an organizational meeting, attended the Library Advisory Board meeting, Community Appearance Board
meeting,Council Retreat, Bay Area Houston Economic Partnership Awards Banquet at South Shore Harbour,
hats off to the City Secretary,City Manager and the Chamber of Commerce and to the Mayor Brizendine forthe
State of the City Address.
Mayor Brizendine recognized former Councilmember Kitten Brizendine who was in attendance,commented on
the State of the City and how well done,with Departments participating,what a nice opportunity to highlightthe
City,attended a meeting with Friendswood Lakes residents to transfer information to empower them on issues
affecting them,the sign ordinance needs some additional tweaking, hopefully by the next meeting,addressed
Councilmember Kimmel's comments regarding the playing field issue and stated Community Services Director
Jon Branson has given over 17 years of service to the City in this department and has done, unquestionably,a
great job as Parks Director and is sure Councilmember Kimmel is targeting the issue and not the person and
wants there to be a differentiation there and Jon has done too many wonderful things for the City and the kids
and we would never question his heart. This is not an issue of trying to exclude kids it's an issue of structure,
notice and going about this intelligently and with sensitivity towards all and it is not the intent to punish or to be
disrespectful towards any of our taxpaying citizens. It is a bigger issue and will discuss this in a future
Workshop. As it relates to kids and parks in this City,Jon Branson is one of our biggest assets without a doubt.
We are all sensitive to the programs of the City being more inclusive and not exclusive.
CONSENT AGENDA
**Councilmember Goza moved to approve the Consent Agenda as presented with the exception of Item G -
Authorize the Mayor to execute an Agreement with E�ocon Mobil Pipeline Company for a pipeline relocation for
the Sunmeadow Drainage Project. A.Award of Bid No.2005-03 and authorize the Mayorto execute a contract
for the mowing of City property and medians. B. Authorize the Mayor to execute a contract for engineering
design services for the Clover Acres Drainage Project. C.Authorize the Mayor to execute a Warranty Deed for
Lift Station in Friendswood Oaks Subdivision. D. Approve Resolutions of the City of
o���7i�� 2�77
Frien�svvoad as follows: 1. Res�lution R�005-�7,A Resolution a�the C�ty a�Friendswo�d,Texas,au�ho�izirtg
a�rial spraying o�er Fri�ndswood �y the �alves�on County M�squito Control Distri�t for the �oun�y-11Vide
Mosquit� �ontrol Program. 2. Resolution R2�n�-OS, A Resolution of �he �ity Council o� the �ity of
Friendswoa�, Texas, author��ing and d�recting Kimball W. Brizen�ine, Mayor, t� act as the city's
�epr�sentati�e in seeking eligible g�anf �unds under the �rime Victim Assis�an�e Program for Fisc�l Year
�4��, as autho���ed by the V�c�ims���rime Act; and au�horizing the subm�ssion �f such grant application t�
th��riminal JustiCe Division of�he �ffice�f��vernar. E. Authoriz�the Mayor to accep�and e�c�cu�e utility
easements for the Sunmeadow Drainag�Pr�ject. F.Auth�rize the Mayor to execut�a deed granting a utility
easem�n� ta Texas-New M�xico P�wer ��mpany �n ��ntennia� Park. H. R�por� of �ap�tal Projects. �.
A�pr�ve M�nutes of January 3, �D�4 Regular Mee�ing.
Seconded by�ouncilmember ErFCSSOn. The motion was appr�ved unanimous�y.
�"�Councilmember Goza moved��appra�e Item G—Au�ho�ize�he Mayor ta ex�cu��an Agr�ement r�rith Exxon
Mobil Pipe�ine �ampany fo�a pip�line relocation �or the Sunmeadow Drainage Pr�ject.
Second�d by Councilmemb�r Ericsson. The ma�ion was approved unanimously.
A m�tion was mad� and app�oved to adj�urn at 8:�5 PM.
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Ci�y Secretary