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HomeMy WebLinkAboutCC Minutes 2004-06-07 Special 06/07/04 2166 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARI�IS )( JUNE 7, 2004 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JUNE 7, 2004 AT 4:30 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD,TEXAS,WITH THE FOLLOWING PRESENT CONSTITUTING A ��' QUORUM: MAYOR PRO-TEM � JERRY ERICSSON COUNCILAIIEMBER LAURA EWING COUNCIL�IIEMBER TRACY GOZA COUNCILAIIEMBER DAVID J. H. SMITH , COUNCILAIIEMBER SHANNON KIMMEL (arr. at 4:50 PM) COUNCILAIIEMBER MEL MEASELES CITY ATTC)RNEY JOHN OLSON (arr. at 6:15 PM) CITY MAN�qGER RON COX (arr. at 6:15 PM) CITY SECFZETARY DELORIS MCKENZIE Mayor Brizendine was absent from fihe meeting. 4:30 PM—SPECIAL SESSION Mayor Pro-Tem Ericsson called the meeting to order. A discussion was held regarding Governance to address "ends" statements or goals the Council have identified as important to the quality of life in the City. Public Works Director Mike Hodge reviewed a PowerPoint presentation and discu:�sed Council goals identified during recent Council Retreats and Work Sessions and to prioritize the 60-day items. Staff prepared a suggested governance agenda order,took each of the 60-day items, placed them in a recommended order of priority, and would like Council input as to agenda order. Councilmember Goza stated he would like to add to 60-day items a development of training for Committees on policies, procedures, and rules that govern. Councilmember Smith stated to keep it broad to ,_._ incorporate ali Committees and St<�ff in the governance model program to bring everyone to the higher standards that Council is at. Councilmember Ericsson stated could this be a subcategory of Item 4,which is to determine pros/cons of comrnittee/board term limits for(;ouncil Policy. This would be a plan to begin this process. Councilmember Measeles asked if there is one plan for all? City Secretary Deloris McKenzie stated there are a number of plans that would apply. Councilmember Ewing wou�d see three sub components of Item 4. Councilmember Smith do not know how old the plans are and does not know if we want to get bogged down in that detail, would see value and philosophy based, Councilmember Ewing look at term limits, the governance model, what are existing regulations today and anything that may need to be revised, Councilmember Goza stated these are items we are going to cover using the governance model and Staff will review and tell Councii how this will be done, Councilmember Ewing stated governance model has not been implemented with Committee and B��ards, asking how to take it to them, Council concurred, review rules and develop plan to impiement,would review rules, procedures and scope and then Council would review and then would look at implementation, possible annual review, Councilmember Ewing stated add to Item 4 subcategory to add term limits. Councilmember Goza suggested letting Staff bring to Council how to include that. Councilmember Smith stated for clarification in updating existing vision, creating some kind of a model as to where we are now and how that will change in the future, developing a benchmark for that and being able to move forward means we need to have a good understanding where we are going into the budget process and that this is an integral part of understanding the vision. Discussion was held regarding the status of Capital Improvement Projects. Public Works Director Mike 06/07/04 2167 Hodge stated there are two phases and tonight will look at one phase which is water and sewer projects, second will be funding opportunities up to the next 5 years. Skipper Jones, Capital Improvements Coordinator, gave a PowerPoint presentation and discussed the two-year projects which are an additional surface water purchase of 6 million gallons a day capacity so the City can fully utilize Beamer Pump Station, Water Plant#5 and#2 rehabilitation, Second Take Point Phase I I and water distribution system replacements and upgrades. A question and an�>wer session took place between Council and Mr. Jones regarding these two-year projects. Further discussion took place regarding the Five Year Plan for Sewer Projects 2004/2005 such as the Sunmeadow Lift Station and force main replacement, Forest Bend force main, Deepwood Lift Station expansion, Beamer Road ��anitary Sewer, Phase I, priorities and funding requirements, total funding requirements per spending period are 2004 - $6,368,150 and 2005 - $17,564,100. A question and answer session took place between Council, Public Works Director Mike Hodge and Capital Improvements Coordinator Skipper Jones regarding water pressure improving after Second Take Point,with storage capacity that will provide more space for peak times, answering some tanks are being rehabilitated for long haul, ground storage tanks help during peak usage time, clarification on Sunmeadow lift station area covers, answering that it presently handles Windsor, Tower Estates, and Lundy Lane in the future,will it go out to the Industrial area, answering yes that it will,what is next may be looking at bonds, full Five Year Plan, costs and funding discussion, utility rate structure discussion. Councilmember Ericsson stated that it looks like we are looking forward and looking at the things that should be looked at, both would believe we are not letting go of things that shoultl be routine maintenance such as inflow and infiltration, a number of years ago we smartly segregated water and sewer funds, but it does not mean that you cannot borrow from each fund, had pretty good reserve in water and sewer, riope we are not looking at raising rates. Administrative Services Director Roger Roecker stated that anythin�g that we have done, we are that much further ahead and stated there is $14,000,000 in reserve. Discussion was held regarding Mixed Use as a Planned Unit Development zone classification. City Planner Diana Steelquist gave a PowerPc�int presentation and Planning and Zoning Commission members Jim Gibson, Sherry Weesner and Kevin Holland answered questions outlining the proposed amendments to the Zoning Ordinance Planned Unit Development(PUD)regulations,which are being amended to allow for Mixed Use Developments within the City. A question and answer session took place between Council, City Planner Diana Steelquist and Planning and Zoning Commission members regarding application to residential, proposed cover 35%, purpose to promote commercial development, process gone through by Planning and Zoning Commission and Staff, Staff has put a lot of time into this process, met weekly and felt good about the process, Planning and Zoning Commission member Jim Gibson stated takes a lot of talking and debate as to what this will look like when finisheci and what it will take to achieve this. Councilmember Smith asked how do you feel Council did in providing direction? Planning and Zoning members responded that Staff has been in high gear to put this ordinance together,two areas discussed by Planning and Zoning Commission and trying really hard to work with developments proposed and also agreed process for.standard PUD should still exist, Councilmember Ewing thanked everyone involved for the amount of time put into this effort. Mayor Pro-Tem Ericsson called a recess until 6:15 PM. 6:15 PM— EXECUTIVE SESSION Council convened into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.074 - Personnel Matters. Council convened into Regular Session at 7:00 pm with no action taken. 7:00 PM - REGULAR SESSION The Invocation was given by Pastc�r Charlie Quiroz from Calvary Chapel. = Mayor Pro-Tem Ericsson led the Pledge of Allegiance to the United States and to the State of Texas. 06/07/04 2168 JOINT DOCKETED PUBLIC HEARIIVG Mayor Pro-Tem Ericsson and Chair of the Planning and Zoning Commission Bob Bertrand called a Joint Docketed Public Hearing to order to receive comments from the public, either oral or written, regarding a request for a Zone Classification change for 6.5401 acres, located at Woodland Trails and FM 2351,Galveston County, Texas, from Single Family Residential (SFR) to Office Park District(OPD). Tom Burke recused himself from the first Public Hearing due to a potential conflict of interest. Dan Rucker with Coastal Bend Property Development stated he is the applicant and outlined the proposed development, gave a historical overview of the process, showed maps of the development of Forest of Friendswood and surrounding area, March 2003 there was a rendition that was incorrect, in an effort to help with the issue, met with some of the people opposed, some chose to change the information given, the developer of this subdivision never intended to be anything.other than a Planned Unit Development (PUD), and this was discussed when the Flomeowner's Association was given by the developer to the residents. There has never been anything but the highest of integrity. All I can say is just explain that if you have any faith at all in the integrity of the community that you have now, that I would not dump on that any more than I would my own home, since I am yo�ar neighbor and live to the rear of that community too. Wayne Givens, 305 Timber Grove Place, stated he is in favor of the zone change and further stated as long as it is an office park he sees no problem at all and Friendswood could use.the additional commercial tax base. Bob Perry, 800 Timber Creek, stated he is in favor of the zone change and further stated he has a substantial investment in his.property and also builds homes, it would not hurt his feelings to be building homes up front and making money bui wouid iike to be one ofi tnose that relocates tneir ousiness up to tne r'ront, agrees witn the tax base issue and when the homes were being marketed there was never anything said about that being a park or anything else and it was always known that it was a reserve. Leland Harris, 1109 Oakland Drive, stated he is in favor of the zone change and further stated there was never any discussion that this property was going to be a park, always understood it would be commercial and not a green space area or land reserve, agrees with tax base being a good thing for Friendswood, has full confidence Mr. Rucker would have The Forest of Friendswood at the forefront of his considerations for __ wanting to treat it with the utmost respect and would not put anything detrimental, think the lack of confidence that he would do less than that for the front section is a little contradictory, do not have any confidence issues and thinks Mr. Rucker has the whole area's best interest at heart. David Dorsett, 1105 Oakland, stated he is in favor of the zone change for the same reasons as the previous speakers, father is moving in, brother lives there also, has the neighborhood's best interest at heart, Mr. Rucker built a great community, glad Mr. Rucker is the developer and owner of the front since someone else would not have the same interest as someone who is not living there, sfiated he is in favor of this for tax base reasons also. Bud Goza, 1104 Oak Park Lane, stated he is in favor of the zone change but would prefer that it stay vacant or be a Homeowner's Association Community Park but knows it is not going to happen, would encourage everyone to work with the City, devefoper, Staff and Planning and Zoning Commission to make sure that this is an upscale, first class office facility up front. Charles Kelly, 603 Tall Timbers Lane, stated he is opposed to the zone change and even if Mr. Rucker was going to build the Taj Mahal he would oppose it, considers this spot zoning and would effect surrounding community, concerned with flooding, thankful for good neighbors and great EMS service during Tropical Storm Allison, he and his neighbors do not want any commercial development period, requests that the board recommend that the zoning change be denied and Council to deny and keep this area residential and let Mr. Rucker and his friends build beautiful homes there. 06/07/04 2169 Chris Sellers, 311 Scenic View, stated he is the President of the Foresf of Friendswood Homeowners' Association and is opposed to the zone change, recognized other association members present, thanked everyone for the opportunity to speak and thanked residents for attending, has heard of numerous reasons for not wanting this development, read a letter of opposition into the record, several information forums have been held, thanked Mayor Brizendine, Councilmember Smith and Staff for providing information to the Homeowners' Association for these forums, still do not know the number or size of buildings, size of parking lots, etc., which Coastal Bend has �uggested that they will entertain input regarding some of these features once the zoning process has taken place and looks forward to that opportunity, has concerns regarding loss of property value, presented information from a detailed report regarding values and asked for a detailed analysis of the appraisal report submitted. Steve Waldner, 147 Cherry Tree Lane,Vice-President of Homeowners'Association of Enchanted Woods and is opposed to the zone change, spoke several years ago regarding concerns of Enchanted Woods had at that time, specifically detention ponds being put behind their homes and decreased property values,was assured that the other land was not going to change,was going to be green space, upsetting to him to be back talking about the proposal, reason people moved here is because of residentiai and not because of commercial,the retention pond did not do what it was supposed to do, neighborhood now has nine empty lots that was converted into beautiful parkland, traffic is an issue such as more wrecks at the entrance to this than the light reil has had in Houston, concerned about property values in Enchanted Woods, starting to resent these changes, quoted the City's mission statement and stated it is not satisfying to the neighborhood to have this turned over into a business park, it is time to act in an honorable way and vote this request down,for all of you are honorable citizens of the City of Friendswood, and we appreciate that. Tom Dibello, 403 Timber Grove Place, stated he is opposed to the zone change and wants to bring a little different perspective to this, wants to protect his investment, wants to protect the City's tax base, provided estimates of impact on the tax base that was reviewed by his banker, real estate broker, CFO and others, would encourage the City to run the numbers of taxabie properties, assuming There are 62u nomes in Tne subdivision, using average of$425,000 per home, tax rate would generate over$6 million dollars, based on some assumptions, stuck with appraisals, diminished value of over$300,000, will need over$13 million to offset this development, used very conservative estimates, a development of this type typically has a negative impact on the appreciation of the home, rarely adds value, Planning and Zoning Commission and Council need to consider that what is best may not be the best fiscally. Kirk Stevens, 208 Trail Bend Drive, stated he is opposed to the zone change and being an architect with a background in international and dornestic designed urban planning is concerned with flooding,the watershed impact of this development and the overflow into Cherry Tree Lane and other homes in other sections of Forest, concerned with traffic and traffic flow, can guarantee majority of traffic will flow on to Woodland Trails, read info from a brochure created by Coastal Bend and given to a resident in 1999, some of the information presented in the brochure could mislead people that there was a green belt entering into the subdivision, impact is mostly on homes closest to the development. Council's responsibility is to the constituents, petition previously presented shows 420 homes or 650 people are opposed, asked to think very hard who Council is going to represent, special interest or constituents. Justin Timmen, 608 Royal Oaks, stated he is opposed to the zone change and reported this is his second home in the Forest of Friendswood, does not think Mr. Rucker intentionally deceived, received early information from Emerald Homes regarding open space, someone misled him about what it was going to be, situation of business but is also families, count me as 421 on petition, if does pass has a concern with traffic and accidents at intersection, rear ended twice at intersection, problems with egress crossing FM 2351, cannot see how this benefits anyone, where does this leave the community but with a lot more traffic, with people feeling misled whether it was legitimate or not. Henry Flynn, 700 Hidden Creek Lane, stated he is opposed to the zone change and agrees with the effect on the tax base, concerned with traffic impact and crossing FM 2351 and main entrance on Woodland Trails, already have a serious traffic congestion now or they would not be putting a light there and this is certainly 06/07/04 2170 going to add to it. Tim DeMarco, 609 Tall Timbers Lane, stated he is opposed to the zone change and presented pictures from behind other commercial establishments near where Mr. Rucker is trying to develop and in every instance there were trash and leftovers, understood that Planning and Zoning Commission member Tom Burke .recused himself due to a business relationship with the developer, believes also that Planning and Zoning Commission member Kevin Holland has a conflict, asked do you think it is reasonable for him to recuse himself because he is Vice President of Cervelle Homes, attended a meeting that Mr. Rucker spoke of over a " year ago and does not remember statements or maps that Mr. Rucker refers to. Paul Campese, 607 Tall Timber Lane, stated he is opposed to the zone change and is concerned with flooding, cannot continue to build and not have concerns, believes it is correctly zoned residential already and is 100% opposed, when is fhe question and answer section if not now with the Planning and Zoning Chair advising this is not the time. Paul Alfonso, 805 Piney Ridge Drive, stated he is opposed to the zone change and when considering moving te the Forest of Friends�a�ood he believed there was not any commercial fronting the subdivision,would never have bought there if he knew there was going to be commercial in front, some of the homes that back up to here, if it hurts them 10%or 15%,who are you guys, and please do not fiake this with offense, butwho are you to take away the money out of that individual's pocket and give it to Mr. Rucker indirectly by giving him a commercial development up there, does not make sense to him, if goes OPD and 5-10 years from now there are limitations as to what can make do if owners change, changes could happen to the development,once this happens, it is commercial and could change and Council would not have authority over the properties, thinks development needs to happen on FM 518, send a message to developers to stay away from residential areas and go into the areas where commercial already exists, where we can revitalize this City and ultimately bring up ii's property vaiue. Eva Lord, 406 T�ail Head Street, stated she is opposed to the zone change and reported she came from Sugarland and knows firsthand what a negative impact there can be putting houses next to businesses. because the crime in our old neighborhood increased dramatically by the time we left, including one such instance before we moved of a man driving by trying to take my daughter. The reason we moved to Friendswood is because my mother has been here for ten years and has aiways loved it and always raved and always talked about the community and the people, that is why we are here, this is where I want to raise my family, lives right at the entrance to the subdivision, shortly after moved in there was a drive-by shooting, � someone with a 9 millimeter handgun shot through my mailbox, three reason for wanting to be here is her three children, very passionate about this and wants to raise her family here, loves this community,concerned with traffic, crime goes up with commercial, uses neighborhood as a cut-through, asked Council to please remember her three children when you make your decision because that is what it is really all about. Nancy Dauer, 206 Trail Bend Lane, stated she is opposed to the zone change and is concerned with traffic problerns, no sidewalks on their side of FM 2351, looked at other areas and chose to move to Friendswood, but is a really ugly city, has a lot of potential, lot of empty store fronts, do not need anymore commercial, a lot needs to be done, agree that we do need additional tax base,we have it,just need to use it, need to beautify, bring in high end retail establishments, think Coastal Bend had an error of omission when he spoke on why he did not rezone at the fime of the initial development, was offended by the delivery of the statement by the Mayor regarding the defacement of the City's rezoning sign, has seen other defacement in the city,the amount of the time the Mayor spent talking about the sign was offensive, other important issues to be talked about, other issues regarding traffic, commercial is an opportune place for criminal acfivity, last thing did not like about the Mayor's delivery of the message regarding the defacement of the sign and that residents were in concert with this defacement. Rick James, 1004 Acorn Court, stated he is opposed to the zone change and seconded many of the comments already made, applaud Mr. Rucker for excellentjob in putting in the Forest, moved here because of the school district, aesthetics and hometown feel, outstanding model, urge great consideration and care 06/07/04 2171 before we steer away from the fine model that has been set, before we choose an ultimate course and part from the fine setting that has been established, let us look closely at what we have, commercial will benefit City coffers no doubt, what are we doing to the community as a large, moved here based here on the aesthetics, nothing distinguishes the commercial areas, if commercial had been up front,would not have been drawn, a commercial setting up front would be a success, more value in how we chart the course for the City than the dollars that is generated from the commercial establishments, other opportunities for commercial in other areas, think carefully about a place and time, all of the City stands to benefit from a model community, something thaf we can all be proud of for many years, thank you for time and to speak. Kenneth Kruse, 710 Pin Oak Drive, stated he is opposed to the zone change and has the same comments about the quality of neighborhood, the fine image that it presents, it is a model and relaxing environment, strong believer in there is a place for residential and a place for commercial, ask that this be considered, leaving image of green space up frant, it presents nice image to community, Friendswood represents itself as residential, many vacant commercial properties and opportunities along FM 518, concerns with the traffic, let the residential have it's place and the commercial have it's place, take in consideration unknown traffic problems, turning into subdivision, City put up a No U-Turn sign, causes more traffic, now using Woodland Trails for turn-a-round, home bacics up to a pasture, missed meeting with Homeowners' Association and Drainage District, concerned not ever,�thing taken into consideration regarding runoff, has seen water in pasture up to foot deep, asKed to take those into consideration. Doug Busker, 906 Pine Breeze, st�ted he is opposed to the zone change and need to consider the pasture and runoff, agree with statements, reported he moved from a neighborhood that when he built his last home it was all wooded and a real nice subdivision, next thing he knew there was commercial behind his house that started out real nice, real estate office, insurance office, beauty shop and the next thing those businesses were gone and somebody else came in. A pizzeria came in, Mexican food restaurant came in, and something no one has mentioned is that if you put this development in, all the homes that live around there, if you've riever hearci a ya�uage truck ai 2:uu%�ivi-3:"uu APJI in the n�ari�ir�y ei���,iyir,y a c;un ipsizr, yGU vuylii iG y0 i iuc around in Friendswood and listen to one at night because there they came by three nights a week from three different companies so he listened to nine different ones all during the week and it was pretty disturbing, concerns with traffic, criminal activity, commercial activities and noise, kept hearing Coastal Bend's intent was commercial, why was it approved as residential from the beginning. Melissa Rickard, 707 Hidden Creek Lane, stated she is opposed to the zone change and has seen other areas change, is planning on retiring here, wrote a letter to Council that would like for them to read and entertain other suggestions and would appreciate council not approving. Vincent Colangelo, 201 Traif Bend Lane, sfated he is opposed to the zone change and seconds everything everybody else said, is active with Little League, is closest property_to this development, we are talking about 600 homes versus one developer, why not build residences. Angelo Taddei, 712 Post Oak, stated he is opposed to the zone change and reported he moved here from Italy to Friendswood, likes the whole look, only talked to builder;did not talk to development, error on the map he would have fired the map maker, asked Council to remember that residents all took mortgages for 30 years and are not here for a year or two year leases like the tenants of the businesses that will be there, they are here for 30 years,for 30 years we are telling you Friendswood, that we are going to stick around,we are going to vote for you and you are representative for us and not for special interest, not for business, otherwise the Pledge of Allegiance would say, "for the business". Mike Stanley, 200 Trail Bend Lane, stated he is opposed to the zone change and reported he lives in the other home closes to the development that has to look out his two-story house out into that fine looking field right now until a development goes in there and then has to look at the garbage cans and the air conditioners and the roofs of office parks and does not think it is fair, asked if any of Council would like to buy his house after this is built, does not want to hear the noise or smell the trash or see the rest of the trash. As people probably in this facility and all over the United States know at this time and point, in politics there are no ethics. 06/07/04 2172 Arthur Hsu, 709 Pin Oak, stated he is opposed to the zone change and thanked Mr. Rucker and builders for their vision in putting together Forest of Friendswood, is a great community with great amenities and would ask Mr. Rucker to consider this when he proposes to build commercially. Hearing no further comments, the Joint Docketed Public Hearing was closed. Chair Bob Bertrand stated this item is on the Planning and Zoning Commission agenda for June 17,2004 and will take this issue and any points at this time and stated the Planning and Zoning Commission and City Council will take a 10 minute recess. Mayor Pro-Tem Ericsson and Chair of the Planning and Zoning Commission Bob Bertrand called a Joint Docketed Public Hearing to order ta receive comments from the public, either oral or written, regarding an amendment to the Zoning Ordinance and Building Code- industrialized Housing and Buildings. City Planner Diana Steelquist.gave a PowerPoint presentation outlining details on a proposed ordinance to make changes to the building code to address industrialized housing and commercial buildings due to recent State legislative changes that allows modular type homes to be built in single family residence zones. A proposed ordinance has been drafted.to regulate those types of buildings in the City. She further outlined the details of what those regulations would be. No one spoke for or against. Hearing no further comments, the Joint Docketed Public Hearing was closed. Mayor Pro-Tem Ericsson and Chair of the Planning and Zoning Commission Bob Bertrand called a Joint Docketed Public Hearing to order io receive comments rrom the pubiic, either orai or wri'tten, regarding amending Zoning Ordinance for revisions to the Permitted Use Table for Used Car Sales, Amusement/Recreation Industries, and Parking requirements. City Planner Diana Steelquist gave a cletailed outline on the proposed revisions to the Permitted Use Table in regards to allowing used car sales with a specific use permit in certain areas of the city, making a recommendation to put additional line items to add paintball facilities, archery ranges for amusement and recreation industries with a specific use permit in Industrial and Light Industrial zones and last changing parking requirements for certain types of businesses such as mini-warehouse and real estate offices and � �� taking parking requirements out of the zoning ordinance and putting them in the Design Criteria Manual. No one spoke for or against. Hearing no further comments, the Joint Docketed Public Hearing was closed. Mayor Pro-Tem Ericsson and Chair of the Planning and Zoning Commission Bob Bertrand called a Joint Docketed Public Hearing to order to receive comments from the public, either oral or written, regarding amending Zoning Ordinance - Cluster Homes. City Planner Diana Steelquist gave a detailed cutline on the proposed amendment to the zoning ordinance regarding Planned Unit Developments(PUD)-Cluster Homes increasing the amount of open space required for a PUD Cluster Home up to 20% -40%, one of the concerns is increased in density allowed with Cluster Homes, made some changes to the ordinance so they are stepped by density, clear up wording in current ordinance and simplify some of the requirements, defined the uses of open space that would be allowed in a Cluster Home development. John Hammond, 550 Greenspark Way, stated he is in favor of Cluster Homes, is with Friendswood Development and believes the percentage of open space should be adjusted for side yard setbacks and looks great. 06/07/04 2173 Hearing no further comments, the Joint Docketed Public Hearing was closed. Mayor Pro-Tem Ericsson and Chair of the Planning and Zoning Commission Bob Bertrand called a Joint Docketed Public Hearing to order to receive comments from the public, either oral or written, regarding amending Zoning Ordinance for Planned Unit Development-Mixed Use. City Planner Diana Steelquist stated this is a proposed amendment to the zoning ordinance to create some enabling legislation to allow a PUQ for Mixed Use for large acre tracts and for true Mixed Use and for true PUD projects, will require a master plan approval and a very complex application procedure to the developer and they will have to come through with detailed descriptions and design standards that would be reviewed by Planning and Zoning Commission and Council before a PUD-Mixed Use could be approved. No one spoke for or against. Hearing no further comments, the Joint Docketed Public Hearing was closed. COMMUNICATIONS FROM THE IPUBLIC Joe Hollier and Eric LaBlanc stated they were there to represent the Friendswood Stangs made up by 9 year old boys and they had a goal to go to the Triple Crown World Series in Colorado, have to play professional baseball, thrilled they have earned a berth to this World Series and are there tonight to request support from City. The Friendswood Stang members were recognized by Council and the audience with a standing ovation. Don Johnson, 810 Myrtlewood, addressed Council and stated that flooding and getting the water out of Clear Creek is not working,with development, detention is not going to work, has been waiting for the Army Corps of Engineers for the last 40 years and is not getting anything done, the Resolution before Council tonight will not do any good. Charles Kelly, 603 Tall Timbers Lar�e, addressed Council and stated he would like to direct his comments to City Manager Ron Cox and asked when will a question and answer session be held regard zoning and City Manager advised June 17 will be the next Planning and Zoning Commission meeting and the Public Hearing portion has been closed and would suggest submitting questions to the City Manager. Kirk Stevens, 208 Trail Bend Lane, addressed Council and thanked everyone for staying late, in the last eight weeks have come to learn a lot about how things work in a municipality, good learning capability, some members speak prior to being advised, aka Houston Chronicle article quoting a Councilmember on The Forest zoning issue, would ask Council to wait before they go to the paper before items come up for consideration, issues directed at the Mayor's statement regarding concerns if it goes against a certain group of individuals, stated the Mayor should not have any consideration in things in the future. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Dan Morgan, Chair of the Fourth of July Steering Committee, made a brief presentation on the status and activities of this board and activities for the annual Fourth of July Celebration, reported that the festivities will be on the 4th of July and on the 5'h of July, will use two days to spread out festivities, which will be on the evening of 4th of July at Centennial Park, there will be a shuttle from Friendswood Independent School District and Clear Brook High School, there will be a flyover, a great show is planned, fireworks will be at 9:20 pm and Monday morning an exploration of our patriotic endeavor, a dignitary breakfast will be held at 8:00 am, at 10:00 am the parade starts down FM 518, anticipates 145 participants in the parade, daytime activities in the park until 5:00 pm, drawing for truck raffle will be at 4:00 pm, there will be a band in the park and lots of activities are planned. Council asked why they split up the day and Mr. Morgan explained because of church and work activities. 06/07/04 2174 Councilmember Ewing stated she did not realize what a big deal this was until she became liaison for this committee, the amount of time given is massive and thanked them for all their hard work. CITY MANAGER'S REPORT On April 19, 2004, Fire Marshal Terry Byrd presented an update on the State Homeland Security Grant Funding program to Mayor and Council. At that time, he mentioned that the City was working with Galveston and Harris Counties to apply for funding from the Urban Area Security Initiative (UASI) Grant Program. This program is providing approximately �1.9 million dollars to Harris, Fort Bend and Montgomery County for homeland security projects. Fire Marshal Byrd also attended a meeting on May 4, 2004, to present to the UASI group a proposed project for the purchase of radio and communications equipment for the City of Friendswood. Thanks to the support from the City of Houston, Harris, Galveston, Fort Bend and Montgomery County,the project was approved and funded. The amount funded from this grant to the City of Friendswood will be $400,000. Strong support far this project has been received from everyone during the process. A special thanks to Judge Jim Yarbrough, Tesa Duffey-Wrobleski from the Galveston County Office Of Emergency Management, as well as Judge Robert Eckels, and his Deputy Chief of Staff Doug Adkinson for their consideration of our needs during the process. In addition to the UASI grant, the amounts for the Law Enforcement Terrorism Prevention Program (LETPP)Grant have been announced. The City of Friendswood received a$68,843 direct allocation and a$10,185 regional allocation for a total of$79,028. These funds will be utilized towards the purchase of radio and communications equipment. ACTION ITEMS "`'`Councilmember Goza moved to approve re-appointment of Councilmember Jerry Eriesson as Mayor Pro- Tem for 2004-2005. Seconded by Councilmember Measeles. The motion was approved 6-0. '`*Councilmember Measeles moved to approve concurrence with the Mayor's appointments/reappointments to the Planning and Zoning Commission of Tom Burke appointed to a 3-year term to expire in July of 2007, Bob Bertrand appointed to a 3-year term to expire in July of 2007 and Kevin Holland appointed to a 3-year term to expire in July of 2007. Seconded by Councilmember Ewing. _,.. *'`*Councilmember Goza made a motion to amend the main motion to vote separately from Mr. Bertrand and Mr. Holland's reappointment from Mr. Burke's reappointment. Seconded by Councilmember Kimmel. Councilmember Goza stated that according to Mr: Burke he has served on the Planning and Zoning Commission for the past 9 years ancl has served on various committees for the City for 27 years beginning in 1977, thanked him for a job weli done. When he was first elected in 2000, there were problems getting people interested in serving on committees as volunteers and believes the lack of interest came from no new people being appointed and since that time there have been several new appointments,.former Mayor Whitaker did that and it has raised the level of interest in serving as a volunteer to the City, there were 12 different people who volunteered for 2 positions that recently came available in the Planning and Zoning Commission, noted that this is not the normal time to malce appointments or reappointments, believes in the volunteer system and believes we need to get as many people involved in City government as possible and what better way to get a pulse on what people are thinking than to get more people involved, believes it is time, and thanks Mr. Burke for his service, it is time to allow another citizen the opportunity to serve in that position, Mayor Pro-Tem Ericsson is term limited after 9 years and although we do not have term limits for committees he thinks this needs to be considered in this case. Councilmember Smith stated with all due respect to Councilmember Goza and his considerations for the possibility of term limitations for volunteer committees, which he thinks warrants further discussion, as they 06/07/04 2175 deliberate the models and patterns developed for our governance models that have been under discussion, as you can see tonight there are a lot of changes on the horizon and a lot of projects that will be coming before us in the next year, some exciting, some tough, but nevertheless with Tom Burke being the most senior member of the Planning and Zoning Commission and who he thinks has a lot of wisdom and experience which he will impart and transfer to those new members,with some being new just in the last couple of weeks, thinks it will be important to have his experience there to help us stay on the right track as they look at the new developments. Councilmember Ewing stated she agrees with Councilmember Smith in that the Planning and Zoning Commission needs stability and guidance and agrees they need to look at term limitations, but at this point in time, committees do not have term limits and this needs to be remembered. Councilmember Measeles stated he would like to reaffirm what Councilmember Smith said about Tom Burke and the vast amount of experience he has had to the Cify over the years and respects his opinion that he has given throughout the years and is a valued member to the Planning and Zoning Commission. Councilmember Ericsson stated when discussing the merits of the candidates, he has known Tom Burke for a long time and has v✓atched him serve for a fong time and knov✓s him to bring a lot of deep thought to all the i5sues brought before him and very fair and wise judgment and sometimes turns out differently in what you may expect and he is a great addition and asset to this committee, there has been a lot of turnover in this committee and thinks having folks on there who have served for a long time and have that institutional knowledge is something the City cannot afford to lose at this time, others need this knowledge before we look at doing anything drastic. "*"The motion to amend failed 3-3, with Councilmember Ewing, Ericsson and Smith opposed. ""The main motion was approved 4-2, wiih Councilmember Goza and Kimmei opposed. RESOLUTION *�Councilmember Ericsson moved to approve Resolution No. R2004-11 -A Resolution of the City Council of the City of Frieridswood,Texas, urging the Texas Congressional Delegation to request and support funding for the U.S. Army Corps of Engineers ("Corps") General Reevaluation Report on Clear Creek, for Fiscal Year 2005. Seconded by Councilmember Smith. The motion was approved 6-0. ORDINANCES **Councilmember Measeles moved to approve the First reading of Ordinance Number T2004-08, 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 cfianging the Zoning Classification of a certain 2.754 acre tract of land and a certain 1.432 acre tract of land from Single-Family Residential(SFR)to Community Shopping Center(CSC), such tracts being situated along FM 528, South of Championship Golf-Tract one, Section 5 and tract two, Section two, Galveston County, Texas, and within the City Limits of the City; providing for the amendment of the Ciiy's Official Zoning Map; repealing ail other Ordinances or parts of Ordinances inconsistent or in conflict herewith; 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 Smith. The rriotion was approved 6-0. COMMUNICATIONS FROM THE YVIAYOFd AND COUNCILMEMBERS Councilmember Measeles reported on a meeting he attended of the Galveston County Consolidated Drainage 06/07/04 2176 District(GCCDD)and the installation of officers and stated the Chairman is Harold Whitaker,Vice Chairman is Don Barcak, Secretary is Benny Baker and Treasurer is Gary Harris and expressed congratulations to them. Councilmember Kimmel stated he had no report. Councilmember Smith reported that he and Councilmember Measeles attended Clear Brook High School's Project Graduation at 3:00 am to give away prizes and cars, was enlightening and encouraging to see a significant number of Seniors who attended the safe lockdown, congratulations to new officers of the GCCDD, � thanks to the Planning and Zoning Commission, City Manager and Staff, and City Planner Diana Steelquist for their pro-active work in the ordinance development arena to try and make it easier for property owners to provide for the highest and best use of their property. Councilmember Goza reported he �ittended several meetings and filed reports. Councilmember Ewing reported on the Library meeting and provided a packet for Council from the Library which includes a newsletter, Friends of the Library would love to have volunteers and all of Council as Friends of the Library, ever,�seccnd Tuesday from 7-8:30 PM they have a book review, good programs and acti��ities, attended eco-tourism meeting with Councilmember Measeles and Community Services Director Jon Branson, there is money to be made, attended the Bay Area Houston Economic Development meeting with Galveston County Judge Jim Yarbrough, attended the Community Appearance Board meeting and a thank you to the Shell Station who was the Community Appearance Board's Yard of the Month. CONSENT AGENDA **Councilmember Goza moved to approve the Consent Agenda as presented. A. Payment of Capital Projects — 1. Fuolic Safety Buiiding — Phase i with payment in the am�u��i ai .�p�0,4U4 io Vauyi�ii Cui�sirucii�i� iur architectural services. To date, 43 percent of the contract has been expended. 2. Contractor Inspector for Multiple Projects with payment for contract services from May 8 to May 14 for$962.50(Fund—General Fund $362.50, Bond Issue $75.00, Water/Se.wer Fund $525.00). To date, 7 percent of the contract has been expended. Another payment for contract services from May 9 to May 22 for $725 (Fund — General Fund $337.50 Bond Issue $25.00 W/S Fund $362.50) To date, 8 percent of the contract has been expended. 3. Brittany Bay Boulevard Extension—Engineering Study with payment in the amount of$19,352.5�to Freese& Nichols for engineering services. To date, 8 percent of the contract has been expended. TxDOT will reimburse the City$15,482.00 of this payment. 4. Sunmeadow Drainage Projects with payment in the amount � ' of$6,154.50 to Claunch & Miller, Inc., for engineering services. To date, 61 percent of the contract has been expended. 5. 2003-04 Asphalt Street Project with payment in the amount of$77,993.45 less retainage in the amount of$3,899.67 to Main Lane Industries, for construction services. To date, 82 percent of the contract has been expended. Total payments were $157,692.28. B. Approve Banner Permit Application for First Baptist Church of Friendswood. C. Approve Minutes of May 17 Regular Meeting and May 24, 2004 Special Meeting. Seconded by Councilmember Kimmel. The motion was approved 6-0. A motion was made and approved to adjourn at 10:03 PM. � � �;�.:. r �� � � �P � .t � ,, ,...._... .,---..,,�.,., ayor Kimball W. Brizend ne Attest: �' �/ • ' � Deloris McKenzie, TRMC City Secretary