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HomeMy WebLinkAboutCC Minutes 2004-05-03 Regular 05/03/04 2151 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( Cf�UNTIES OF GALVESTON/HARRIS )( MAY 3, 2004 )( � MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, MAY 3, 2004 AT 5:40 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 !AURA EWlNG CGUNCILf�iEiJiBER i RACY GOZA COUNCILMEMBER DAVID J. H. SMITH COUNCILMEMBER SHANNON KIMMEL COUNCILMEMBER MEL MEASE_LES CITY ATTORNEY JOHN OLSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE ADMINISTRATIVE SECRETARY KARLA FOSTER Ivlayor Brizendine called the meeting to order at 5:55 PM 5:40 PM—JOINT WORK SESSION WITH PLANtUING &ZONING COMfViiSSION Discussion was held regarding Mixed Use Zoning Concepts. A slide presentation was given by City Planner, Diana Steelquist. During the presentation, City Manager Ron Cox gave an overview of.what she presented and stated that City Councii, Planning and Zoning Commission, Community and Economic Development Committee and the Main Street Steering Committee have heard presentations from developers representing _ . the Whitcomb property on FM 528 and the panhandle area of our City on FM 2351. Both developers discussed the concept of mixed-uses within those areas. The Main Street Steering Committee has discussed this same concept for downtown. More recently, the developer for the Whitcornb property has officially presented the conceptual plan to the Planning and Zoning Commission. With that presentation,the project is officially underway for City review. The current zoning ordinance does not address mixed use zoning in the traditional sense. The closest it comes is the zoning requi[ements of the Planned Unit Development(PUD). The current regulations for a PUD call for each use within the PUD to be subject to a Specific Use Permit (SUP). All developers who are dealing with the mixed-use concept agree, and Staff likewise agrees, that accom plish ing the goals on any of these three projects will not be possible under the current set of regulations. The regulations need to be changed,. Toward that end, a Mixed-Use Design Team was appointed,consisting of Mike Hodge, Karen Capps, Dan Johnson, Diana Steelquist, Christal Kliewer, a representative from the City Atiorney's Oiiice, and myself. This team has been meeiing weekiy ror the last 30 days. During that time,we met with both developers and gave extensive review to the various approaches to mixed-use zoning around the country. Because of City Atforney Kim Mickefson's expertise in land use and planning, she has provided a tremendous amount of information and has now begun drafting an ordinance that wilf ineet our needs for both fhe Whitcomb property and the panfiandle area. The Main Street area will likely require a little different approach. Staff is ready to make a presentation to both Council and the Planning and Zoning Commission. Staff seeks input to defermine if the concept is acceptable from Council's perspective. If acceptable, itwill be discussed further at the Pfanning and Zoning Commission meeting the following Thursday. In order to proceed in a timely manner and not be a detriment to the schedule for the Whitcomb project,we are hoping to 05/03/04 2152 schedule a public hearing at the first meeting in June. An informafion presentation was held regarding Legal Non-Conforming Uses. A presentafion was given by City Planner, Diana Steelquist. During the presentation, City Manager Ron Cox gave an overview of what she presented and stated this item was carried over from the last Work Session. The intent is to brief Council on this subject, as it is defined in the Zoning Ordinance, and the philosophy behind it. This is informational only. City Attorney John Olson aiso gave information to make the information clear orto give a better understanding to Council. The Mayor asked if they could charge fhe Planning and Zoning Commission with putting together information for Mixed Use and Non-Conforming Uses. Planning and Zoning Commission Chair, Bob Bertrand, spoke to Counci! about his opinion regarding the above issues and stated he feels these are�Downtown issues and that there are other areas that may have issues also. Mayor Brizendine stated he feels this is an issue that needs to be looked at and the Planriing and Zoning Commission needs to be involved. Councilmember Smith commended Diana Steelquist for these presentations to help them have a better understanding. 7:00 PM — REGULAR SESSION The Invocation was given by Pastor Mike McAfister from Friendswood Church of Christ. Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas. JOINT DOCKETED.PUBLIC HEARING To receive comments from the public, either oral or written, regarding amendments to the Zoning Ordinance: A. Zone Classification change for 6.5401 acres, tract one and two, located at Woodland Trails and FM 2351, Galveston County, Texas, from Single Family Residential(SFR)to Office Park District(OPD). No Public Hearing was held due to lack of a quorum by the Planning and Zoning Commission. Mayor Brizendine explained that there is not a quorum with the Planning and Zoning Commission and tfie meeting cannot open because of this. The Mayor explained that citizens are welcome to speak to the Council at the meeting but it would be better served if they wait for the next meeting. He then addressed the vandalism of the Notice of Zone Change sign and that it cost the City money and it is making every effort to find the person who is responsible and they will be held accountable, stated he would like to discuss this process and further stated if the Homeowner's Association or anyone would like to hold a meeting to discuss this he would be happy to meet with them in the next week for any explanation they need, the meeting tonight was about addressing the classification by the developer and then the public would speak,which will occur in two weeks, if anyone is interested in hearing any additional information they are welcome to come to the next Planning And Zoning Commission meeting where then they can hear more, the date of the next Public Hearing would be June 7, 2004, citizens will have input at the Public Hearing and then could attend the Planning and Zoning Hearing. Mayor Brizendine explained the uses of Onice Park, such as Medical Equipment, financing, Management Company, educational services, doctors, and.personal services, heard 05/03/04 2153 specifically that there were concerns of fi(ling stations and so forth and stated those are not uses that can go there and any ofher use is restricted. The Mayor thanked the citizens for their attendance and welcomed them to speak at the Council meeting this evening if they would like. SPECIAL PRESENTATION A proclamation was read and a presentation of awards was given to Miss Jennifer Johnson, age 11, for a lifesaving 9-1-1 call. Mayor Brizendine gave a speech regarding Jennifer's situation and how she called 9-1-1 while babysitting her sister and stated it was nothing less then spectacular for her to do fhis. Betsy Godwin, Friendswood Police Depar�ment Dispatch Supervisor, played the 9=1-1 tape of Jennifer calling in. Greater Harris County 9-1-1 presented Jennifer with an award. COII�IMUt�lGATIOR�S FROM THE PUBLlC Rick James, 1004 Acorn Ct., addressed Council and stated he is neutral and supports growth in the community and to please give fhoughf to how the City progresses because of the quality of life in Friendswood. Mr. Kent Barton, 403 Trail Bend Ct., addressed Council and stated he is opposed because they were led to believe that there would never be anything built out there, he misunderstood what the sign was for and now sees what it is for and is against this happening. Robert McCabe, 302 Tall Timber Ct., addressed Council and stated like everyone else he is disappointed that they did not get to speak to the Planning and Zoning Gommission but feels it is an opportunity to speak to Council. The 3 weeks they have until the nexf ineeting is good to figure out what really should be done in this neighborhood, stated he is opposed because they can abandon the buildings,which would make the area and neighborhood look bad based on.the rest of FM 2351 and how many businesses there that are closed. Brent Faulk, 805 Hidden Woods Lane, addressed Council and stated he read the City's website and Vision 2020 and Main Street, quoted Goal One of the vision of Council, stated that quality of life is what Friendswood , _ . is all abouf and why we must preserve this quality, implored the City Council to lool<for what taxpayers have paid for in City studies and how there is scattered development in Friendswood and they do not want it in their neighborhood, is concerned about abandoned buildings in Friendswood now and fix that problem first and further stated Council has the opportunity to say no and focus on redevelopment in the town center. Faye Roberson, 422 West Castleharbour, addressed Council and stated this is the same old story as the Sunmeadow Golf Course, would like to pass pictures she has brought, there is an ongoing probiem with Ray Tigi and his company who is waiting until the elecfion is over to submit to Council again, feels they are all honorable people and that they will do the right thing. Dr. Nat Barnes, 606 Timber Trail, addressed Council and stated he would like to thank Council for hearing him but is disappointed 'thai ihey could not speak to the Pfanning and Zoning Commission, moved back here to Friendswood after medical school because of the quality of life in Friendswood, he was the first family in his section, has one way in and one way out and there is not enough room for more traffic especially if a business park would be put in, feels the Council's task is to represent the City's best interest, would like to know what members did not show with the Pianning and Zoning Commission and why, did they request an absence, sfated he loves living here and would like to go on living here, there are many things that could go there and that concerns him because if will take away from their property values, there is every reason not to do this and asked if there could be a larger venue for the next meeting. 05/03/04 2154 Kirk Stevens, 208 Trial Bend Lane, addressed Council and stated he is disappointed that so many people came from the community and they did not get to have the Planning and Zoning Commission meeting, is an architect and as it stands the City of Friendswood is known as having too much watershed and that would be detrimental to The Forest to put in virtually a 90%watershed in their community and would also like the venue to be in a larger area for the next meeting because by that time more people will come to the next meeting. Charles Kelly;603 Tall Timbers Lane, addressed Council and stated he is representing some very important people and named his family, would like to thank the City and the process, the Staff, the City and the community, reported his meeting with the Mayor was wonderful and he has let people know this, he is sure on June 7 at the next Public Hearing they wil! have the opportunity to speak and let them kno�v that they do not want this green space converted into Commercial, they do not think fhat it is appropriate to make this change from Residenfial to Commercial and fhere has been no change in this area that would justify making this Comrnercial from Residenfial and please take into consideration how many voices do not want this. Vince Coiangefo, 201 Trail Bend Lane, addressed Council and stated this is very important to him because his house backs up to this property, he would have never built there to begin with, knows this is Residential and could understand them buiiding houses but not Commercial, said the developer told him The Forest of Friendswood does not own this property, they feel misled about this, needs some type of mock-up of what would go in there, the developer has never given that and is concerned as to whether the City has anything from him or not, wished that the developer had come around and spoken to them first, there will be much depreciafion to their houses if the office park is built,opposes completely and would have never bought there if he had known. Mayor Brizendine told him that the City Manager would address his questions and make sure some of this is explained. Nancy Dower, 206 Trail Bend Lane, addressed Council and thanked Council for letting them speak, is disappointed that Planning and Zoning members David Brakebill and Jim Gibson did not attend tonight, it is irresponsible for them not to attend and this was handled poorly, from her experience once something is zoned Commercial it becomes easy to rezone to other types of Commercial, moved here from California, her family looked all around because they have 4 children and wanted good schools,that is why they moved here, loves Friendswood and is in a very nice neighborhood, reads all of the articies concernit�g the City and is so happy they are working on beautifying Friendswood,would be very disappointed if Commerciai came into their neighborhood, mentioned the empty eyesores on FM 2351 and stated there are too many vacant businesses there, sees so much potential in Friendswood and this would not benefit the neighborhood in the long run. Mayor Brizendine addressed her and let her know that Council was in a Workshop from 4:30 PM until minutes before this meefing and just found out there was not a quorum and she needs to address the Planning and Zoning Commission about this and not hold Council responsible. David Dasier, 611 Timber View, addressed Council and stated he got married and moved away from here and decided to move back, she wanted to move to Friendswood so they moved back and he liked The Forest community and is so impressed with the community, takes pride in The Forest and what they have built with the City, is concerned about what has taken place so far tonight,feels as if the communitywas accused of the vandalism regarding the sign and he feels the community was hurt by that,further stated he hopes the Mayor did not mean it that way, hopes the people who left early did not misunderstand that once it is changed to Office Park it could be changed again, would encourage his community to stay involved. CITY MANAGER'S REPORT The City of Friendswood has been involved in an informal consortium with the Galveston County Consolidafed 05/03/04 2155 Drainage District (GCCDD), the City of Pearland, and Brazoria County Drainage District #4 (DD#4). Representatives of this group met recently with Colonei Leonard Waterworth,the Commander of the Corps of Engineers' o�fice in Galveston; regarding the status of the General Revaluation and Review (GRR) of the Clear Creek Watershed. The Corps expanded the scope of the project to study the effects of the tributaries in _. our area on Clear Creek,which included Mary's, Cowards, and Chigger Creeks. This provided more data and more certainty in the predicted outcomes. With all fhat, they have arrived at over 20 alternatives tor improvements to Clear Creek. Additional data and the large number of alternatives have once again delayed the project. The project has been earmarked for completion in June 2005 now for almost a year but it appears the GRR will not be completed until sometime in 2006. The Corps staff is not predicting yet when the compleiion will be. Once completed, it will be at least two years before the Corps can get any congressional authorization for the project, and two more years before the project coufd start. Bottom line, if the GRR is completed on schedule and accepted by all parties, we probably will not see construction until 2010. As you know, we worked hard last year to lobby our congressional representatives, Congressmen !ampson and veLay to ensure that the funding for ine comp(etion of the GKR was secure. .That effort was successful and $1.2 million was added to the appropriations bi{I. We learned that we will now have to.do this each year, until the project is funded for construction to ensure that it continues.to move forward. It is disheartening to learn that, but it is good to know it now, so proper preparations can be made. In the future, we will be working closely with Congressman DeLay as his new district now covers the entire watershed. City Manager Ron Cox introduced Scott Derr, a Friendswood resident, who contracts with TxDOT, METRO and others to paint bridges and overpasses in the Houston-Galveston area. The painted bridges over �.i.,�. L.:........1 i.....1 L l ' ' L..�1.:.....L ' L 1L L 1• . i i ccd✓ay5 ifi vlii ai ca 8i c i i�a vvvi rC. Hc aSncu,ai i� i�iB (�y yeve Nei�i�issivi�, ivi ������ �o ps�r��u�e ui idge i ai�ir�c�s on the FM 518 bridge over Cowards Creek. His work is very good and adds a)ocal heritage and colorFul touch to an otherwise drab site. We appreciate his work and his one hundred percent volunteer donation to the beautification of our community. City Manager Ron Cox stated that many across the City have asked for a status report on projects funded through the 2003 Bond Election. This has been reported recently in the City newsletter, Focus on Friendswood, but wanted to give a brief overview of the timing of the projects. Proposition One, Public Safety Building and Fire Statibn Property-$7,380,000. The property for both the Public Safety Building and _. Fire Station has been purchased. The Public Safety Building will be Iocated on FM 528. Sufficient property was purchased at that location to construct a fourth fire station within 41ie next ten years, looking toward build- out of our community. The building itself is nearing design completion, and construction is expected to begin in the next 60 days. The contract for the construction of Whitaker Drive, a joinE project with the Drainage District, has already been let and construction is expected to begin by early May. The building for the third fire station is not scheduled to begin until 2005. The land for the third fire station is located on FM 2351 and Woodlawn. In both those cases, fhe City purchased more land than was necessary, so some portion of each of these properties, primarily the frontage, will be sold for commercial development. Proposition Two, Drainage Improvements - $5,575,000. Council earmarked these funds for six affected areas of the City, Sunmeadow Subdivision, Annalea, Kingspark, and Whitehall Subdivisions, CloverAcres, and in the area of Shadowbend/1Noodlawn streets, Mission Estates Outfall, and Glershannon Subdivision. Each of these is a major construction project, requiring extensive surveying and engineering to ensure the projects meet the needs in those areas. The Shadowbend/Woodlawn project is on the. agenda for this meeting, and construction is scheduled to begin immediately following the end of the school year. Annalea, Kingspark and Whitehall Subdivisions drainage improvements are next, with bidding expected in late May and construction beginning in June. The Sunmeadow project is nearing design completion and is expected to begin construction in July. Engineering for the Glenshannon project is scheduled for June this year and Mission Estates engineering is scheduled for rebruary 2005. Proposition Three, Improvements of Streets and Thoroughfares-$4;055,000. Because Council placed high priority on the public safety building and drainage improvements,the design of the street replacement projecfs has not begun with ihe exception of Shadowbend due to its link with the drainage project there. The preliminary engineering study for Friendswood Link Road is 05/03/04 2156 nearly complete, with the public information meeEing having taken place on April 27. The final draft of the Planning Study Report should be complete by mid-May. The Brittany Bay Boulevard planning study began only a few months ago a�ter a long delay due to coordination problems with League City's engineering consultant. Other major streets in this bond issue are Melody Lane, Briarmeadow, West Winding Way, and West Spreading Oaks, all scheduled for 2006. Proposition Four, Cenfennial Park Project Completion - $3,075,000. The design for completion of Centennial Park has been completed. It is now going through the bid process. This will utilize the Competitive Sealed Proposals form of bidding that integrates a factor for contractor quality and past project performance info the selection process while leaving a 50 percent emphasis on the competifive pricing for the project. The process was more fully described in the May 3 Work Session on this subject. Construction is expected to begin in June and will probably require approximately nine to twelve months to complete. Although not a part of the bond program, it is worthy to note the recent activity on the Asphalt Street Program for FY2003-04. Over 50 percent complete, it includes improvements to these streets: Merriewood, Oak Drive, Butler Drive, McKissick Drive, N. Clear Creek Drive, S. Clear Creek Drive, Leisure Lane, Pecan Drive, Shady Nook, Baker Road, Deepwood, ihe Activity Building and Renwick Park. Streets in Longwood Park Subdivision included are John Drive, Myrtlewood Drive, Crawford Drive, Thomas Drive, Steele.Drive and Judy Avenue. We have already begun making significant repairs to Blackhawk Boulevard, although these repairs are nof paid from bond funds. ORDINANCES **Councilmember Ewing moved to table the First reading of Ordinance No.T2004-07 and refer this ordinance back to the Planning and Zoning Commission, an Ordinance amending Appendix C of the Friendswood City Code, said Apnendix C beina City of Friendswood, Texas; Ordinance No. 84-15, as �mended, originally adopted the 19}h day of November, 1984, and�being the Zoning Ordinance of the City, by deleting therefrom all of Section 7.5 and substituting therefore a new Section 7.5: providing screening and barrier, architectural, and tree planting requirements for the Downtown Overiay District; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. (Tabied March 1,2004) Seconded by Councilmember Smith. ""Councilmember Smith moved to table the First reading of Ordinance No.T2004-08 and refer this.ordinance back to the Planning and Zoning Commission, 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 deleting from Subsection R of Section 7 thereof ail of Paragraphs 5, 6, 8, and 9 and subsfituting therefore new Paragraphs 5, 6, 8, and 9; providing screening and barrier, architectural, and tree planting requirements for the Entryway Overlay District; 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 March 1, 2004) Seconded by Councilmember Measeles. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councifinember Ewing reported on the Friendswood Relay For Life and stated rr�any were involved to raise money for cancer, reported their team raised �1,100, Jerry McCoy and City Employee Ted Beason were applauded as cancer survivors and thanked everyone on the team for attending, attended 4th of July Steering Committee meeting, a Chamber of Commerce luncheon honoring Friendswood Independent School District and Clear Creek Independent School District graduates, the Safari Sparkle Banquet for Friendswood Volunteer Fire Department, the Community Appearance Board meeting, reported on the bowling award and thanks to Councilmember Smith for putting together this social function and that the award is for Position One high score. Councilmember Ericsson reported on the upcoming Galveston County Mayor&Councii meeting which meets 05/03/04 2157 next week, the speaker will discuss economic development and the agenda will be out tomorrow. Councilmember Goza stated he had no report. Councilmember Smith stated he would like to remind citizens of the upcoming Concerts in the Park that begin next week, congratulations to Mary Queen Church and their success, attended tv✓o meetings, Falcon Ridge Clean Up Day and Galveston County Drainage District's Candidate's night. If was very clear that the members of Drainage Districf did not have information about the City's work with Clover Acres. Councilmember Kimmel commented on Jennifer Johnson,would like to commend City Manager Ron Cox and Police Chief Bob Wieners for the excellent job they did and stated EMS did a wonderful job with the Johnson girl. �ouncilmember Measeles reported on the Clear Lake Area Councif of i,ities meeting on l�prif 2is and ihe speaker was Carl Horecky who spoke about the LiDAR System and what happens to the Clear Creek floodplain, stated he felt energized doing the Relay For Life and did 5 laps, and did so with the Mayor, reported the Mayor kept going and maybe put in 20 laps and commended him for that, the Volunteer Fire Department Banquet was on April 24, honored Fire Rookie of the Year which was Tyrone Clarlc, Fire Fighter of the Year which was Jennifer Maxwell, EMS Officer of the Year which was Kris Kern, EMS Medic of the Year which was Helen McFee, Fire Officer of the Yearwhich was Roy Hunter, EMS New Member of the Yearwhich was Jack Walker and Department Member of the Year which was Jennifer Maxwell. CONSENT AGENDA """Councilmember Ericsson moved to approve the Consent Agenda as presented. A. Payment of Capital Projecfs-1. Longwood Park Utility Conversion with payment in the amount of$610.35 to SCL Engineering for engineering services. To date, 91 percent of the contract has been expended. 2. Annalea/KingsparklWhitehall Drainage with payment in the amount of$17,354.68 to Lockwood Andrews & Newman for engineering services. To date, 79 percent of the contract has been expended. 3. Friendswood Link Road-Engineering Study with payment in the amount of$12,832.84 to Claunch & Miller for engineering ,__ services. To date, 78 percent of the contract has been expended. 4. Sunmeadow Drainage Project with payment in the amount of$6,987.25 to Claunch &Miller for engineering services. To date, 59 percent of the contract has been expended. Total payments were $37,785.12. B. Award of Bids and Contracts and authorize the Mayor to execute all documents: 1. Bid No. 2004-05 and approval of contract with Kraftsman Playground &Park Equipment for the Playground equipment for Leavesley Park and Old City Park. 2. Bid No. 2004-06 and approval of contract with Conrad Construction Co., INC.for Shadowbend Street and Woodlawn Drainage Project. C. Approve Interiocal Agreement with Harris-Galveston Coastal Subsidence District for a Water Conservation Program in conjunction with Friendswood Independent School District and Clear Creek Independent School District. D.Approve Resolution R2004-08, a Resofution of the City Council of the City of Friendswood, Texas, approving the Public Funds Management and Investment Policy. E.Approve Minutes of April 5, 2004, Speciai and Regular Meetings. Seconded by Councilmember Goza. The motion was approved unanimously. A motion was made and approved to adjourn at 8:29 PM. 05/03/04 2158 t f� ( i. n� L� - i � � ��n M�"yor Kimball W. Brizendine Attest: . � � � � � � � � �i,�z�,/ Deloris McKenzie, TR City Secretary