HomeMy WebLinkAboutCC Minutes 2005-09-12 Regular 09/12/05 2375
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
SEPTEMBER 12, 2005 )(
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, SEPTEMBER 12, 2005, AT 4:30 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 (arr. at 7:00 PM)
COUNCILMEMBER MEL MEASELES
CITY ATTORNEY JOHN OLSON
CITY MANAGER RON COX
CITY SECRETARY DELORIS MCKENZIE
Mayor Brizendine called the meeting to order.
4:30 PM —WORK SESSION
Discussion was held regarding policy for the use of Athletic Facilities and Fields. Community Services
Director Jon Branson introduced Janie Honeycutt, Chair of the Parks and Recreation Board, and gave a
PowerPoint presentation and recommendations from the Parks and Recreation Board.
Discussion was held regarding policy for Live Media Broadcasts from City facilities. City Manager Ron
Cox presented information regarding the proposed policy. Discussion was held regarding the different
options and charged Staff with bringing back a policy for consideration.
Discussion was held regarding electronic election equipment costs and process. City Secretary Deloris
McKenzie presented a PowerPoint presentation and recommended the City purchase the electronic
equipment necessary to meet the HAVA (Help Americans Vote Act) requirements. Council concurred to
proceed with this proposal.
6:15 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.
Council convened into Regular Session at 7:00 pm.
RECONVENE INTO OPEN SESSION
7:00 PM — REGULAR SESSION
The invocation was given by Pastor Mark Lasch from Hope Lutheran Church.
Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas.
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SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS
Councilmember Goza presented the 2005 Pony All Star Team with certificates for advancing to
Regionals.
Councilmember LeCour presented Theresa Foss, Regent from the Captain Gilbreth Falls-Absolom
Hooper Chapter of the Daughters of the American Revolution, with a proclamation recognizing
Constitution Week.
PUBLIC HEARING
Mayor Brizendine called a Public Hearing to order, to receive comments from the public, either oral or
written, regarding the City of Friendswood Proposed Operating Budget for FY2005-06.
Don Beeth, 5303 Whittier Oaks, addressed Council and stated that if Council is going to accept
comments from the public, the budget should be made available electronically.
Hearing no further comments, Mayor Brizendine closed this Public Hearing.
JOINT DOCKETED PUBLIC HEARING
Mayor Brizendine and Planning and Zoning Commissioner Kevin Holland called a Joint Docketed Public
Hearing to order, to receive comments from the public, either oral or written, regarding a Zone
Classification change for a tract of land containing 137.307 acres of land, Clear Creek Farms, located in
the Sarah McKissick Survey, property located at 3801 FM 528, Harris County, Texas, from Single-Family
Residential (SFR) and amending Planned Unit Development (PUD) — Mixed Use/amending Master Land
Use Plan to Planned Unit Development (PUD) — Mixed Use.
City Planner Diana Steelquist presented background information on the proposed project.
Richard Browne, Development Manager of Richard P. Browne Associates, presented information
regarding the proposed project, floodways, FEMA requirements, proposed changes to original plan, now
includes 40 acres of park land along the creek land most floodway, outlined proposed land swap with
Clear Creek Independent School District, office space allocation increased, residential 600 units, hotel,
service station and marina stays the same, move the amphitheatre to another area, moved restaurants
closer to the commercial areas, detention ponds, total building program reduced .03%, outline basic
changes, proposed to be a state of the art living center, maps were presented dated April, 2005.
Cindy Bohannon, 2102 McKissick Drive, spoke in opposition of the zone change and expressed concerns
regarding detention ponds, tree removal, buffer loss of green space, noise, tree preservation, marina,
relocation of wildlife, safety concerns on the creek, commercial location of project.
Ted Leach, spoke in opposition of the zone change and stated he owns property across the creek from
the proposed project, expressed concerns with the creek itself, generally the natural beauty of the creek
from the project, polluted run off from development and parking lots, creek flow path may impact property
south of the creek, growth tends to have a great impact on developed areas, clear creek is one of our
jewels, lets take care of it.
Jon Johnson, 703 Oak Drive, spoke in opposition of the zone change and asked Council to consider
impact to other people, expressed concerns with amphitheatre, consider noise level, and boat traffic to
marina, is concerned with hairpin curve in creek, narrow areas with blind areas, question about public or
private boat launch, 100 boats plus public would create problems, if Centennial Park amphitheatre will
this be competing with the proposed amphitheatre, noise pollution, concerned with greenbelt, flooding
issues and detention ponds, will be a lot of dirt moved and trees removed.
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Kathy Rogers, 207 Charleston, spoke in opposition of the zone change and expressed concerns with
amphitheatre, 2500 seating, proposed 2 or three nights a week, noise pollution is a real problem, is
concerned that the proposal for the amphitheatre will not be adequate and then will ask to increase,
consider economic ramification.
Richard Browne responded to the concerns regarding the hydrology requirements that would not allow
impact adversely to properties downstream or across the creek, denuding of the property will not be done,
amphitheatre thought this is what the community would want to have, this is considered to be a boutique
theatre, this will not be for name brand bands, small bands, graduations, Easter sunrise services,
proposed to be built towards the commercial areas and has definite decibels for the sound, detention
ponds will have forests around the ponds and will do a responsible job.
No one spoke in favor of the zone change.
Hearing no further comments, Mayor Brizendine and Planning and Zoning Commissioner Kevin Holland
closed this Joint Docketed Public Hearing.
Mayor Brizendine and Planning and Zoning Commissioner Kevin Holland called a Joint Docketed Public
Hearing to order, to receive comments from the public, either oral or written, regarding amending the
Zoning Ordinance of the City of Friendswood, amending height restrictions in Community Shopping
Center(CSC), Original Business District (OBD) and Neighborhood Commercial (NC).
City Planner Diana Steelquist presented an overview of the proposed changes.
Bill Finger, 2805 Burr Oak Drive, has lived in Friendswood since 1966, stated he is in favor of the
amendment, and in favor of the continuation of process that began in the 1990's, which will encourage
commercial development, increase tax dollars to the City, and would encourage the Planning and Zoning
Commission and Council to approve the zone change.
Penelope Burke, 613 Penny Lane, has lived here since 1954, spoke in opposition of the amendment and
stated she is fundamentally opposed to changing how Friendswood looks, characteristics of this city are
not the same as other cities in surrounding area, creates urban sprawl, opposed and hope will consider
very thoughtfully
Hearing no further comments, Mayor Brizendine and Planning and Zoning Commissioner Kevin Holland
closed this Joint Docketed Public Hearing.
Mayor Brizendine and Planning and Zoning Commissioner Kevin Holland called a Joint Docketed Public
Hearing to order, to receive comments from the public, either oral or written, regarding amending the
Zoning Ordinance of the City of Friendswood, adding definitions of Open Space and Green Space.
City Planner Diana Steelquist presented an overview of the proposed changes and definitions.
No one spoke for or against the Zoning Ordinance amendment.
Hearing no further comments, Mayor Brizendine and Planning and Zoning Commissioner Kevin Holland
closed this Joint Docketed Public Hearing.
Mayor Brizendine and Planning and Zoning Commissioner Kevin Holland called a Joint Docketed Public
Hearing to order, to receive comments from the public, either oral or written, regarding amending the
Zoning Ordinance of the City of Friendswood, revisions to the Entryway Overlay District to include
additional roadways.
City Planner Diana Steelquist presented an overview of the proposed changes of existing Entryway
Overlay Districts (EOD) and addition roadway, a more proactive approach.
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No one spoke for or against the Zoning Ordinance amendment.
Hearing no further comments, Mayor Brizendine and Planning and Zoning Commissioner Kevin Holland
closed this Joint Docketed Public Hearing.
Mayor Brizendine and Planning and Zoning Commissioner Kevin Holland called a Joint Docketed Public
Hearing to order, to receive comments from the public, either oral or written, regarding amending the
Zoning Ordinance of the City of Friendswood, eliminating office space limitations in Community Shopping
Center(CSC) and Neighborhood Commercial (NC).
Diana Steelquist presented an overview of the proposed changes
Bill Finger, 2805 Burr Oak Drive, spoke in opposition of the zone change, would impact sales tax
revenue, would increase tax burden, negatively, asked Council to reject these proposals.
Public Hearing left open by Council for further input during the Communications from the Public and then
the Public Hearing will be closed
Planning and Zoning Commissioner Kevin Holland closed the Planning and Zoning Commission portion
of the Public Hearing.
COMMUNICATIONS FROM THE PUBLIC
Jerry Winburne, 325 Overlook Drive, addressed Council regarding Lakes of Falcon Ridge Subdivision
detention pond, addressed the petition that was submitted at the Council meeting of August 15, thanked
the City for facilitating meetings with the developers, addressed detention pond, safety threats, asked for
the City to assist the citizens in this subdivision, progress has been made during very positive meetings
with the City and developer and builder, asking Council to support all detention ponds meet the original
agreement before additional development is approved before the original plans are met.
Mayor Brizendine recapped that the City has met with the citizenship and developer and has agreed to
stay involved in protecting citizenship as far at the law allows. Staff appreciates the cooperation from the
residents and commitment.
Faye Roberson, 422 West Castle Harbour, did not speak.
Jim Hill, 2404 South Friendswood Drive, addressed Council regarding West Ranch drainage and Tree
Preservation Ordinance, thanked Dan Johnson for providing information, drainage plans continue to
change regularly, the developer's responsibility is to the development process not to the residents, tried to
work with the Galveston County Consolidated Drainage District (GCCDD), understands that the City and
GCCDD use the same criteria manual and that the City and GCCDD have an Interlocal Agreement that
says the City will handle projects under 100 acres and the GCCDD will handle over 100 acres, stated that
GCCDD asked the City to ask Friendswood Development Company to cease and desist until there were
some plans, wants to know why did the City advised the GCCDD to back out of process.
Ron Cox responded that the 100 acres delineation was not correct, stated that the 100 acres delineation
that is called for in an Interlocal Agreement is for maintenance and control over drainage areas, the
responsibility from GCCDD is to be responsible for maintenance of the major drainage areas that drain
over 100 acres in size and the City is responsible for drainage areas and structures that drains under 100
acres in size, agreement allows for GCCDD to review commercial and residential site plans of any sites,
both entities review the projects of any sites, GCCDD is involved in this process, GCCDD and City look at
drainage impact analysis in April, final plans are now available and are now being reviewed by GCCDD
and City, neither have approved the final plans, based on the drainage impact analysis and preliminary
plans approved by City, the City issues a development permit that allows the developer to begin to move
dirt, but this does not change the drainage patterns.
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Jim Hill stated that the drainage has been changed with the project work being done at this time, agreed
that some work has improved drainage, the current drainage was built for a 12 inch rainfall, wants the City
to know what the developers are doing, does not want fighting between the City and GCCDD, and
respects Dan Johnson for his work.
Robert Felts, 2402 South Friendswood Drive, did not speak as listed on the agenda.
Don Beeth, 5303 Whittier Oaks Drive, addressed Council regarding the agenda packets, stated they used
to be available to the public over the internet, now they are secret password protected, this agenda has
178 pages of backup material, there is interesting information in the agenda packets, reflected some of
the high points, and stated he is sure Council has not read it, stated he had read the entire packet, but it
will be the last time, urged Council to make the agenda packets public again.
Mayor Brizendine addressed Mr. Beeth's comments regarding the agenda packets, stated that it is the
intention of the City to make the agenda packets available to the public electronically, recognize that other
cities do, the City wants to be progressive and formalize the agenda packet process, thanked Mr. Beeth
for his comments.
Ruth Pifer, 504 Old Course Drive, requested to speak on the Tree Ordinance.
Mayor Brizendine advised Ms. Pifer that the Public Hearing for the Tree Ordinance was closed and
Council could not receive any additional comments.
Jon Johnson, 703 Oak Drive, addressed Council regarding Whitcomb properties, small amphitheatre
planned, decibels can be turned up, the old plan had seal of approval for flooding, one year later changed
flooding issues, drainage will change the adjacent properties, moving target with other developments,
developments are great, developer said does not need amphitheatre to make this development, everyone
keep working on and get it right.
CITY MANAGER'S REPORT
City Manager Ron Cox reported that there are several things going on relative to the aftermath of
Hurricane Katrina. Volunteer Relief Efforts — Many churches, organizations, and individuals are
mobilizing to provide relief efforts to those fallen victim to this huge and devastating storm. Several of the
churches have formed teams to provide supplies and clothing to the area shelters established in the
neighboring communities, including the Astrodome. The Rotary Club is sponsoring an effort to provide a
truckload of relief supplies to the residents of Biloxi, Mississippi. City employees voluntarily collected
enough bottled water to fill an entire truck bed for those staying in the Astrodome. The City is sure there
are others, but these are just a few of the opportunities around us daily. Sheltering — Regarding
evacuees, there has been an understandable desire on the part of several groups, including churches to
open their doors for sheltering the victims of this storm. The City is very reluctant to sanction such an
effort. The City recognizes the need for additional shelters, but our concern is one of emergency
management should another hurricane aim itself in our direction. Friendswood, as is all of Galveston
County, is in the middle of the evacuation zone. In the event of a hurricane, the City will not have shelters
and will be asking our citizens to evacuate. Since this is the middle of the hurricane season, in fact, the
peak of the season that will not be over until November, it is important that the City does not establish
shelters here. Although the City does not have any control in other jurisdictions, we believe it is not
prudent to establish shelters anywhere in Galveston County, even though several have been opened. If a
hurricane comes, people in these shelters will have to be moved somehow- they cannot be left behind,
and they are without private transportation. That responsibility could befall the shelter sponsor or the
City. In addition, the City cannot be responsible for security within those shelters, even though we can
respond to calls for service, just as we would any other location. The City is concerned for the overall
safety of the community, the sheltering organizers, as well as those being sheltered, and do not believe
sheltering in Friendswood is advisable.
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Regarding extra police duty at the Astrodome — Chief Wieners, along with approximately 50 other police
chiefs in the area, met with Houston Police Chief Harold Hurt last week. Chief Hurt's request was for
assistance with security at the Astrodome. His staff is increasing their own personnel time for the
Astrodome and the community as a whole, and he does not have the staff to cover the areas adequately.
With that, the City has approved Chief Wieners' request for additional overtime authorization to pay off-
duty police personnel to work at the Astrodome. The City also authorized the tactical team to be
activated at the request of Houston PD should it be necessary.
ACTION ITEMS
**Councilmember Smith moved to approve an Indemnity Agreement with the Harris-Galveston County
Subsidence District for a site location to collect GPS data.
Seconded by Councilmember Goza. The motion was approved unanimously.
**Councilmember Goza moved to approve overtime expenditures for the Police Department in response
to requests for support for the Hurricane Katrina evacuees.
Seconded by Councilmember Smith. The motion was approved unanimously.
RESOLUTION
**Councilmember Measeles moved to approve Resolution R2005-27—A Resolution of the City Council of
the City of Friendswood, Texas, adopting a Qualified Tree List as part of the City's Design Criteria
Manual.
Seconded by Councilmember Ewing. The motion was approved 6-2 with Councilmembers Peden and
LeCour opposing.
ORDINANCES
**Councilmember Measeles moved to approve the Second and Final 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, Peden,
and LeCour opposing.
**Councilmember Smith moved to approve the First reading of Ordinance No. T2005-24, An Ordinance
adopting and enacting a new code for the City of Friendswood, Texas; providing for the repeal of certain
ordinances not included therein; providing a penalty for the violation thereof; providing for the manner of
amending such code; and providing when such code and this ordinance shall become effective.
Seconded by Councilmember LeCour. The motion was approved unanimously.
**Councilmember Smith moved to approve the First reading of Ordinance No. T2005-25, 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
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Zoning Ordinance of the City, by changing the zoning classification of a certain 21.77 acre tract of land
located near the intersection of Farm to Market Roads 518 and 2351 from Multi-Family Residential — Low
Density (MFR-L), Community Shopping Center (CSC), and SUP/Church, to Planned Unit Development
(PUD); providing for the granting of a Specific Use Permit for use of such property for religious
organization (Church) purposes; providing for the amendment of the City's Official Zoning Map; providing
other matters relating to the subject; providing a penalty in 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 unanimously.
COMMUNICATIONS FROM MAYOR AND COUNCILMEMBERS
Councilmember Measeles announced he attended the Clear Lake Tourism of Council meeting, will attend
the State of the Bay conference over the weekend.
Councilmember Peden addressed Mr. Beeth's comments regarding agenda packets, stated that he does
read them and was elected to do so, stated that Staff did a phenomenal job in addressing his questions
regarding the budget process, and were very helpful and that he appreciates all the help to him,
congratulations to Representative Ron Paul, stated he is very good for us and for this community,
attended the Clear Lake Tourism of Council meeting and was very impressed.
Councilmember Smith addressed the budget process and staff preparation, Councilmembers Peden and
LeCour's perspectives were welcome and congratulated them on their educated questions and thanked
them for service, thanked the Police Department for all they do and expressed thanks for keeping the City
safe.
Councilmember Goza reported that he attended several meetings, Falcon Ridge HOA meetings at City
Hall and appreciates Staff and the budget process and thanked Staff for their work.
Councilmember LeCour reported that he appreciates this Council, and stated each Councilmember has
strong opinions, and he will vote his intellect and his conscience, and stated that Council is a team
working together.
Councilmember Ewing reported that she agrees with Council, appreciate differences, listen to each other,
thanked Councilmembers Peden and LeCour for attending the Clear Lake Tourism of Council meeting,
thanked Kathy Speer from Community Services for the job she has done and will be retiring end of the
month, attended State of the Bay, expressed appreciation for the budget process, stated he does read
the agenda packets but would hate to be on the other end putting all of this together with meeting all of
the legal requirements, attended the special memorial service for Wesley Canning at Centennial Park,
and stated the ceremony was very well done.
Mayor Brizendine reported the memorial for Wes Canning was very well attended with a tree dedication
at Centennial Park, met with a property owner and the developer from the golf course, property rights
conflict, went very well, Friendswood Independent School District education fundraiser is this Sunday,
reflect on how well we do in Emergency Management and Fire Marshal Terry Byrd and Staff do an
excellent job of preparing the City with planning and practice various roles and decision making process,
have a very important meeting at the GCCDD facility with a report from the Corps of Engineers regarding
the Clear Creek Project, encourage citizen to attend, will have people from Council and Staff in
attendance, and stated it is very important to see how this will impact the City.
CONSENT AGENDA
**Councilmember Smith moved to approve the Consent Agenda as presented. A. Award of Bid No. 2005-
08 and authorize Mayor to execute contract for Site Construction Work and Utilities for the new Public
Safety Building on FM 528. B. Authorize the Mayor to execute a contract with SCL Engineering for
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design engineering services for the Deepwood Force Main. C. Authorize disposal of a City Vehicle at
Public Auction. D. Authorize License Agreement for Buyout Property at 209 E. Castlewood. E. Authorize
Resolution R2005-28, A Resolution of the City Council of the City of Friendswood, Texas, authorizing a
temporary fuel adjustment fee to be charged by auto wrecker service providers in pertorming police
authorized and nonconsent tows within the city. F. Report of Capital Projects Payments. G. Approval of
July 2005 Property Tax Report. H. Approve Minutes of August 15, 22, and 29, 2005 Meetings.
Seconded by Councilmember Ewing. The motion was approved unanimously.
A motion was made and approved to adjourn at 9:46 PM.
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