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HomeMy WebLinkAboutCC Minutes 2005-08-15 Regular 08/15/05 2365 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( AUGUST 15, 2005 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, AUGUST 15, 2005, AT 5:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR KIMBALL BRIZENDINE MAYOR PRO-TEM DAVID SMITH COUNCILMEMBER LAURA EWING COUNCILMEMBER JOHN LECOUR COUNCILMEMBER TRACY GOZA COUNCILMEMBER CHRIS PEDEN COUNCILMEMBER MEL MEASELES CITY ATTORNEY JOHN OLSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE Mayor Brizendine called the meeting to order. 5:00 PM —WORK SESSION A Joint Work Session with the Planning and Zoning Commission took place regarding Entryway Overlay District (EOD) Boundaries Extension. Jim Gibson, Vice Chair of the Planning and Zoning Commission provided background information on the boundary issues. City Planner Diana Steelquist presented a PowerPoint presentation and background information on EOD extension to include a proposed extension of Blackhawk, Whispering Pines/Friendswood Link and Friendswood Lakes Boulevard/Brittany Bay Boulevard, reviewed the EOD Commercial and Residential Provisions, discussed corner lot restrictions and suggested the Planning and Zoning Commission resolve the redundancy of the corner lot conflict. Council concurred to move this forward after the corner lot issue is resolved and to look at existing commercial properties and setbacks. Economic Development Coordinator Karen Capps does not see a negative from the existing EOD/Downtown Overlay District (DOD) areas, the majority of the properties have the setbacks in place. Councilmember LeCour asked for PowerPoint presentations to be a part of the Council packets prior to or after the meetings, if not available prior to the agenda packets being sent to Council. A Joint Work Session with the Planning and Zoning Commission took place regarding allowing more office space in Community Shopping Center(CSC). City Planner Diana Steelquist presented a PowerPoint presentation and background information, presented concerns from Staff, stated that not all office uses generate tax revenues and do not generate the revenues that retail sales do, reviewed possible solutions, suggested to revise the Permitted Use Table to not permit office uses within Community Shopping Center(CSC) and Neighborhood Commercial 08/15/05 2366 (NC) districts, and/or to require all office uses in CSC or NC to obtain a Specific Use Permit, remove the limitations of 30% and 60%, and leave the existing limitations in place, talked about enforcement issues, expressed concerns about "forcing" development, stated there is approximately 70,000 square feet available in retail space and very little office space, be cautious of too much latitude, office space adjacent to residential would be preferred, suggested an economic review, what would be the benefits of a certain type of retail be to the City, the City has some market studies that may be helpful, retail space is more expensive than office space, give flexibility to smaller lots, Council supports increasing office space limitations, the Planning and Zoning Commission to look at combining office and retail to overall commercial uses with size of lots driving uses. A Joint Work Session with the Planning and Zoning Commission took place regarding Open Space. City Planner Diana Steelquist presented a PowerPoint presentation and background information and proposed definition of Open Space, a restricted reserve located within a development with limited low- impact amenities, which may be passive or active. For example: green space both natural and landscaped, detention areas, trails, lakes, pavilions, benches, outdoor cooking facilities, and active recreational facilities such as ball and soccer fields, playgrounds, etc., using caution as to definition of open space and detention ponds, possibly combine to provide amenities that are palatable, encourage regional detention asked commission to continue to work on open space and green space issue. 6:00 PM —CLOSED EXECUTIVE SESSION Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.072 - Deliberation regarding Real Property and Section 551.074 - Personnel Matters. Council convened into Regular Session at 7:00 pm with action taken later in the meeting. RECONVENE INTO OPEN SESSION 7:00 PM — REGULAR SESSION The Invocation was given by City Manager Ron Cox. Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Ron Jadidi, owner of the Shell Station on FM 2351/FM518, addressed Council to discuss Entryway Overlay District (EOD)/Downtown Overlay District (DOD) restrictions and permitting issues, asked Council to work with him, stated that he has been trying to improve his property for over two years with a number of items being added to the requirements and cannot get a permit, says there is nothing being done, asked Council how would they feel, stated he has made changes that everyone should be proud of and that he will pay taxes on. Councilmember LeCour made comments that some of Council was not on board two years ago and are embarrassed that it has taken so long to address this issue, stated that he is proud of citizens coming to the United States and to Friendswood. City Manager Ron Cox outlined why it is not possible to issue Mr. Jadidi a permit because of the zoning regulations, stated there are changes being proposed at this time, and it takes time to change Ordinances, stated that the problem can be fixed, but may take several months for the process to be voted on by Council. 08/15/05 2367 Councilmember Peden stated a lot of time has been spent on this Shell Station issue with no results. City Manager stated if Council is in agreement with moving this forward, then he will take back the sense of urgency to the Planning and Zoning Commission and Main Street Committee. Mayor Brizendine stated that he will set up a meeting with Mr. Jadidi to hear concerns and urgency of the matter and how to move forward, stated that other businesses have been affected as well and Council has had to handle this issue fairly across the board. Councilmember Goza stated he was on Council when a change was made to the DOD/EOD that created a problem with Mr. Jadidi's proposed expansion plans, promised Mr. Jadidi a year ago it would move forward and is embarrassed that it has not, got tied to Main Street issues, if only tie to EOD and DOD may move faster. Councilmember Smith stated it is more complicated than it appears and is hopeful that this will change. Mr. Jadidi stated that it was put on the back burner for other reasons and acknowledged it was not an urgent matter at the time, was not on the table all the time, feels he is being targeted, asked Council to understand him and wants to understand Council. The Mayor recapped a past meeting he had with Mr. Jadidi and apologized for time frame it has taken, did not realize the sense of urgency, thinks this Council has a sense of urgency. ACTION ITEMS **Councilmember Goza moved to authorize the Mayor to execute a contract with Wallace and Shannon Trochessett for the purchase of property for a detention area for the Clover Acres Drainage Project. Seconded by Councilmember Measeles. The motion was approved unanimously. **Councilmember Smith moved to authorize the Mayor to execute a contract with Claunch & Miller for engineering services for drainage improvements at FM 2351 and Prairie Wilde. Seconded by Councilmember LeCour. The motion was approved unanimously. **Councilmember Measeles moved to authorize the Mayor to execute an Interlocal Agreement for Houston-Galveston Area Council (H-GAC) Region 1 Employee Group Medical Insurance with United Health Care PPO in response to RFP 2005-05. Seconded by Councilmember Smith. The motion was approved unanimously. RESOLUTIONS **Councilmember Goza moved to include amending verbiage from the City Attorney for Rule 15 to have communication with the public under comments from the public for points of clarification for Resolution R2005-24—A Resolution of the City Council of the City of Friendswood, Texas, amending Resolution No. R2004-16, passed and approved the 16th day of August, 2004, and being a resolution adopting Rules of Procedure for the conduct of City Council meetings, by deleting from the Rules of Procedure adopted thereby all of Rules 2 and 7, the first paragraph of Rule 15, and order of business number 6 of Rule 16, and substituting therefor new Rules 2 and 7, a new first paragraph of Rule 15, a new order of business number 6 of Rule 16, and a new Rule 20; providing that the Mayor shall be authorized to move and second motions, and vote on matters before the Council; providing that citizens may request topics be placed on City Council agenda for discussion purposes; providing that such topics may be placed on agendas for discussion purposes upon approval of the Mayor or any member of the City Council; providing for notification on meeting agendas that such topics shall be subject to Council discussion; providing for the designation of a Sergeant At Arms; providing other matters relating to the subject; and repealing all other resolutions or parts of resolutions inconsistent or in conflict herewith. Seconded by Councilmember Peden. The motion was approved unanimously. 08/15/05 2368 **Councilmember Goza moved to approve Resolution R2005-25—A Resolution of the City Council of the City of Friendswood, Texas, consenting to the creation of the West Ranch Management District and appointing Directors to the Board of such District. Seconded by Councilmember Smith. The motion was approved unanimously. **Councilmember Measeles moved to approve Resolution R2005-26 with changes to Exhibit C by adding Council and adding a change to Section 2.521 registered engineer for landscape engineer—A Resolution of the City Council of the City of Friendswood, Texas, authorizing the Mayor to execute and the City Secretary to attest a Utility Services Agreement by and between the City of Friendswood, Autumn Creek Development, Ltd., a Texas Limited Partnership, and the West Ranch Management District. Seconded by Councilmember Ewing. The motion was approved unanimously. ORDINANCES **Councilmember Measeles moved to approve the First reading of Ordinance No. T2005-19, 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 moving the Qualified Tree List defining trees to be used to meet the requirements of this ordinance to the Design Criteria Manual; by changing the diameter of trees which meet the requirements of this ordinance for landscaping and buffer strips from a caliper of two inches to three inches when measured eighteen inches above the natural ground level; by requiring a tree survey showing the location of all trees having a trunk twelve inches or larger in diameter when measured at a point four and one-half feet from natural ground level to be submitted concurrently with or as a part of any development permit application, site plan, or plat for certain specified developments; by deleting therefrom the Qualified Tree List; 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 Ewing. The motion was approved 4-3 with Councilmembers Goza, LeCour, and Peden opposing. **Councilmember LeCour moved to approve the Second and Final reading of Ordinance No. T2005-22, An Ordinance of the City Council of the City of Friendswood, Texas, adopting a policy designed to limit the City's power of eminent domain, as it applies to acquisitions for the purposes of economic development, except in extreme cases where public health and welfare are at risk, and then only upon the affirmative vote of 6 members of City Council; and containing other matters relating to the subject. Seconded by Councilmember Peden. The motion was approved unanimously. **Councilmember Goza moved to approve the First and Final reading of Ordinance No. T2005-23, An Ordinance authorizing the issuance of City of Friendswood, Texas, permanent improvement and refunding bonds, Series 2005; authorizing the redemption prior to maturity of certain outstanding obligations; and containing other matters relating thereto. Seconded by Councilmember Smith. The motion was approved unanimously. COMMUNICATIONS FROM MAYOR AND COUNCILMEMBERS Councilmember Ewing congratulated Councilmember Measeles as TML Region 14 outgoing President, and reported that she attended the Clear Creek Nature and Cultural Tourism meeting. Councilmember LeCour thanked Council and Mayor for encouragement for missing last week due to his work on the Shuttle launch, thanked Public Works Director Mike Hodge and other staff for the drainage work on Prairie Wilde, thinks this plan is a good financial solution. Councilmember Goza reported he would be attending the Houston-Galveston Area Council Meeting on August 16, 2005. 08/15/05 2369 Councilmember Smith congratulated the Police Department (PD), Staff and Mayor for a good Neighborhood National Night Out program, commended Fire Chief Jeff Smith for the Fire Department's participation in National Night Out, congratulated Friendswood High School Band for taking first place 4A Honor Band, kudos to PD for investigative work in apprehending larceny and burglary suspects. Councilmember Peden thanked the Staff that were in attendance this evening to help answer questions, and thanked Communiry Services Director Jon Branson for going above the call of duty in picking up material for a senior citizen, thanked Mayor and Staff for working on drainage issues for Mr. St. Cyr. Councilmember Measeles reported he attended the Clear Lake Area Council of Cities meeting, Clear Creek Nature and Cultural Tourism meeting, reported that now he is the TML Region 14 past president, which is the best position, thanks to PD/Fire Department for Neighborhood National Night Out, went very well and was very successful. Mayor Brizendine reported he attended a number of ineetings with Mr. St. Cyr and Staff regarding drainage, Neighborhood National Night Out, City is very involved in so many things. Mayor Brizendine stated Council is so busy that they are wearing Staff down, Council needs to lift them up during interactions with Council and citizens, thanked Council for all that was handled on tonighYs Agenda, stated that it was a very ambitious night. Stated this is a great Council with good deliberation and good hearts and sensitivity to citizens and all good, stated he appreciates diversity in opinions, and appreciates the make up of this Council, reported he would attend mediation this week regarding the Sunmeadow and Golf course and drainage issue, gave thanks to all and to Staff. CONSENT AGENDA **Councilmember Ewing moved to approve the Consent Agenda as presented. A. Award of Bid No. 2005-06 and authorize the Mayor to execute the contract with Haddock Construction for the 2005 Waterline Replacements/Upgrades. B. Authorize Council to invoke Rule 1(A) of the Rules of Procedure to schedule the regular September Council meetings for September 12 and 26 due to the Labor Day holiday. C. Approve Concession Agreement for Renwick Park with the Friendswood Chiefs Football Association and authorize Mayor to sign the agreement. D. Authorize acceptance of a General Warranty Deed for 03415 acres for an existing road (Baker Road) Right-of-Way. E. Authorize action for Dickinson Bayou Watershed Steering Committee: 1. Concur with Mayor's appointment of Councilmember Mel Measeles as Liaison to the Dickinson Bayou Watershed Steering Committee. 2. Fund City of Friendswood's pro-rata share of endorsed projects. F. Authorize an Interlocal Agreement with Santa Fe for Debris Management Services for Emergency Management purposes. G. Authorize reimbursement to Friendswood Volunteer Fire Department for rental of ambulance unit for up to 100 days in an amount not to exceed $7500 and authorize sale of wrecked Ambulance Unit #46. H. Report of Capital Projects Payments. I. Approve Minutes of July 25 and August 01, 2005 Regular Meetings. Seconded by Councilmember Measeles. The motion was approved unanimously. A motion was made and approved to adjourn at 9:40 PM. r _ vV � Mayor Kimball W. Brizendine Attest: � ��� F R�ElyO� . � O Deloris McKenzie, TRMC V � City Secretary � �R * d �,rF � �+�