Loading...
HomeMy WebLinkAboutCC Minutes 2010-11-15 Regular 11/15/2010 3437 .._. STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( NOVEMBER 15, 2010 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, NOVEMBER 15, 2010, AT 7:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR DAVID SMITH MAYOR PRO-TEM JIM HILL COUNCILMEMBER MICHAEL BARKER COUNCILMEMBER PAT MCGINNIS COUNCILMEMBER BILL HOLBERT COUNCILMEMBER JIM BARR COUNCILMEMBER DEIRDRE BROWN CITY ATTORNEY BILL OLSON CITY MANAGER ROGER ROECKER CITY SECRETARY MELINDA WELSH 7:00 PM—REGULAR SESSION Mayor Smith called the meeting to order at 7:00 PM. "'� The invocation was given by Pastor Lynn Colby, Calvary Chapel. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Dale Kohn, Friendswood resident, addressed Council and stated he would like to discuss revenue, balanced budget, would like to combine efforts with the school district for a cost savings. There are a lot of City vehicles and school vehicles as well as a lot of facilities and wonders if some resources could be shared, lights at parks cost a lot of money so the City should work on combining efforts to save money. Penny Burke, Friendswood resident, addressed Council and stated she would like to discuss mowing buyout properties. This Council did not create the policy but this Council can change the policy. A lot of debris was removed after Hurricane Ike and the City has been mowing the buyout properties at a cost of almost $500,000. Harris County Flood Control has planted 40,000 new trees along the floodways, detention ponds and bayous. Every year once a month the City mows down new trees, did an experimental project at her house and stopped mowing an acre of land three years ago and has 200 new trees. Please consider eliminating the policy or at least mowing only the first ten feet from the curb and let the rest of the trees grow naturally. CITY MANAGER'S REPORT City Manager Roger Roecker thanked the members of Keep Friendswood Beautiful for putting up the lovely Christmas decorations at City Hall. The Annual Friendswood Heritage Gardeners' Christmas Tour of Homes is November 20 and 21, the City Staff and Council Christmas dinner is December 3, the ,,,,,_ Holiday Hustle 5K Fun Run/Walk is Saturday, December 4, and Santa Claus will visit the Friendswood Library on Wednesday, December 6. There are many events coming up later in the month. 11/15/2010 3438 � ACTION ITEM **Councilmember Hill made a motion to approve the appointment of James Nye to the Planning and Zoning Commission to fill a vacancy for an unexpired term ending July 2012. Seconded by Councilmember Barker. The motion was approved unanimously. ORDINANCE **Councilmember Holbert made a motion to approve the First Reading of Ordinance 2010-34, an Ordinance authorizing and allowing, under the act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system on an annual basis for service performed by qualifying members of such system who at the effective date of the allowance are members of the City of Friendswood; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; and establishing an effective date for the ordinance. Seconded by Councilmember Barr. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Barker stated he would like to congratulate Jeff Mickler with Jacob White Construction in Friendswood who earned LEED Platinum Certification for 3 of his projects, until this award there were only 6 buildings in Texas with the certification, there are only 265 nationwide with this certification. Councilmember Barr presented an update on the Parks Board meeting that was held last week and stated that Thomas Goodwin was renominated as Chair and Tierni Sager was renominated as Co-Chair and the Board members are excited about the December Council and Parks Board joint workshop. ..M. Councilmember McGinnis stated that he and Councilmember Hill attended the Galveston County Mayor and Council's Association (GCM&C) meeting last week and they are accepting nominations to the 911 Board, and added there was a general consensus that Friendswood should host an upcoming GCM&C meeting. Councilmember Brown stated that the Homeowners Association (HOA) group has met with a small committee in order to schedule a meeting for all of the HOA liaisons for City Council and they want to shoot for a meeting in January, met at the Starbuck's in the newly renovated Kroger, and challenged Council to participate along with her in the Holiday Hustle 5K Fun Run/Walk. Mayor Smith stated he attended the grand re-opening of the Kroger to unveil the new expansion of 35,000 square feet, was very impressed with the store's diversified product line, is all new and kudos to them. Kroger was very complimentary of the Community Development Staff. Councilmembers Hill and Holbert had no report. SPECIAL SESSION Planning and Zoning Chairman Kevin Holland called the joint workshop session to order. A discussion was held between Council and the Planning and Zoning Commission (P&Z) regarding amendments to Appendix A, Sign Ordinance for Offsite Signage. Community Development Director Morad Kabiri explained that there are two components of the sign ordinance that were recently discussed. One component was people standing near their business holding signs or vehicles with signs on them, the other component is offsite signage or directional signage for nearby businesses, explained P&Z's ...� recommendations for these two issues. 11/15/2010 3439 ,�. Mayor Smith stated that this is a balance since the City wants businesses to succeed. Council has tried to apply the fairness doctrine to it because there is a concern of the possibility of everyone choosing aesthetically unflattering methods of advertising. The City needs a new tool for Staff to maintain the City's aesthetics although this may present a financial hardship because this type of advertisement is often less expensive. Councilmember McGinnis asked how this application would apply to organizations like Boy Scouts doing car washes as fundraisers during the summer and Morad Kabiri answered that those activities would not be prohibited because it is applicable to only businesses. Councilmember Holbert asked what the recommendation is for a business that wants directional signs and Mr. Kabiri stated that he would not recommend expanding the offsite directional sign language to include businesses because of visual pollution and distraction to drivers, confirmed that there were no proposed changes to the current ordinance. Councilmember Brown asked if there are reports of people trying to locate the nursing home as it pertains to emergency vehicles and Mr. Kabiri replied that the Fire Marshal's office does annual inspections and they provide location information to the Fire Department and Emergency Medical Services. Councilmember Brown asked if the proposed language for the handheld signs addresses the guy in the chicken suit and Mr. Kabiri stated he believes it does. Councilmember Brown suggested combining the memo with the proposed ordinance to fully address this. Mr. Kabiri replied that Staff is looking to see if Council agrees with the revisions. Councilmember Brown stated that she would like the State law references and cross-references. P&Z Commissioner David O'Farrell stated that City Attorney Bobby Gervais checked on case law, there is a fine line and Mr. Gervais really helped get the provisions to that line. Councilmember Barr stated he has concerns shared by the businesses that the rules are too restrictive, asked about the two weeks a year that businesses are allowed to use a portable sign and Mr. Kabiri expanded on that allowance. Councilmember Barr asked about businesses placing marketing tools on top of the buildings and Mr. Kabiri confirmed that the practice is currently prohibited. Councilmember Barr stated that he appreciates P&Z working on this. Mayor Smith stated that P&Z and Staff will bring a proposed ordinance change to Council when they are "`"" ready. Councilmember Brown stated that the revised language states that the sign cannot touch the ground and asked what happens if the people holding the signs take a break and Mr. Kabiri responded that there was a problem with this issue in the past and that is why it is addressed. A discussion was held between Council and the Planning and Zoning Commission regarding amendments to Appendix C, Zoning Ordinance: Section 7, Regulation Matrix. Community Development Director Morad Kabiri explained that the current language contains many of the notations but the proposed language adds notations and clarifications. The Planning and Zoning Commission had a positive recommendation which states "The proposed amendment makes the regulation matrix easier to understand by adding the letters that reference the corresponding note into the matrix. It also makes the wording of the notes read more similar". A discussion was held between Council and the Planning and Zoning Commission regarding amendments to Appendix C, Zoning Ordinance: Section 7, Community Overlay District. Community Development Director Morad Kabiri stated that the current Community Overlay District requirements are buffers along major roadways and that the current requirements need revision, requires additional screening and landscaping, will be revised to non-residential only, proposed revision includes the language "The boundary of the COD (Community Overlay District) shall be parallel to the thoroughfare right-of-way to include non-residential properties within 300 feet from the right-of-way. If any portion of such property is within 300 feet, the entire tract is subject to the COD requirements". Mayor Smith stated the subject matter is germane to commercial development and not to someone building a house. A discussion was held between Council and the Planning and Zoning Commission regarding amendments to Appendix C, Zoning Ordinance: Section 8, Performance Standards. Community Development Director Morad Kabiri stated this is regarding noise and decibel limitations and the proposed changes will make the zoning ordinance the same as the City's Code of Ordinances' Chapter � 54 Offenses and Miscellaneous Provisions. Councilmember Brown asked why there were two sections addressing exterior noise to begin with and Mr. Kabiri answered that an exterior noise section in the zoning ordinance is typical in most municipalities but having finro sections did not make sense for Friendswood. 11/15/2010 3440 � Councilmember Brown asked if relying on Chapter 54 will lessen the requirements and Mr. Kabiri stated it will heighten its effectiveness and that bands at a restaurant wiil have to comply with the decibel requirement for Chapter 54. Councilmember Brown stated her concern is that she would like for bands at festivals and activities to be able to get a permit of some sort. Councilmember McGinnis stated there are several exceptions in Chapter 54 that might cover some of Councilmember Brown's concerns. Councilmember Brown stated she wants a permitting process for businesses. Mr. Kabiri stated he can expand the existing exemptions to include businesses. Mayor Smith stated it could be problematic to expand the exemptions too far. P&Z Chairman Kevin Holland stated that the current acceptable decimal level is very loud and it would take a lot to go above it. Councilmember Barr asked how loud is the decibel limit and asked if a restaurant with a band on the patio could exceed it and Mr. Kabiri answered that it is possible but reminded Council that road noise is that loud right now. Councilmember Barr stated he attended a party that had a permit to let the band play until midnight so there must be some flexibility in Section 54. Mr. Kabiri stated that the Police Department gives those permits. Police Chief Bob Wieners reminded Council that enforcement of the ordinance is complaint driven and it is easier to enforce the rules when they are in one place. Mayor Smith stated that one way to go is to consider P&Z's recommendation and then if there are unintended consequences deal with them as they occur but he is hearing to go with Chapter 54. Councilmember Brown stated she liked the suggestion to do a permitting process. Mayor Smith asked what Councilmember Brown wants to be permitted. Councilmember Brown clarified that the City has the authority to increase the 75 decibel regulation. Mayor Smith stated that at this point he would not want Staff in a position to provide permits and suggested staying within the limits of Chapter 54. P&Z Chairman Kevin Holland stated that the question would become how high the decibel level would be allowed to go. A discussion was held between Council and the Planning and Zoning Commission regarding amendments to Appendix C, Zoning Ordinance: Section 8, Original Business District Requirements. '"'"� Community Development Director Morad Kabiri stated that in 2007 Council approved an Original Business District (OBD) regulating the development of gas stations within it. The OBD zoning designation was replaced by the new Downtown District and it was determined the standards provided therein did not compliment those currently found in the Downtown District. Therefore, it is recommended the requirements contained in Section 8 be removed. A discussion was held between Council and the Planning and Zoning Commission regarding amendments to Appendix C, Zoning Ordinance: Section 8, Fenestration Requirements. Community Development Director Morad Kabiri stated that this is an effort for Staff and P&Z to be more flexible in the enforcement of rules regarding the Downtown District. P&Z Chairman Kevin Holland stated there are many different configurations and P&Z believes there could be a way to allow variations and still achieve the directives for the Downtown District. Councilmember Brown stated there are provisions which give P&Z the authority to make certain regulations, and asked if they are in an advisory capacity what recourse does a person have if they do not like the P&Z requirements, how can they appeal. City Attorney Bill Olson stated there is a fine line between granting a variance by the Zoning Board of Adjustments and giving flexibility to the Planning and Zoning Commission in imposing the requirements, language may need to be expanded but putting a meaningful standard should take care of most concerns. P&Z Chairman Kevin Holland suggested five percent. Mayor Smith explained the difference between the Zoning Board of Adjustments and the Planning and Zoning Commission. P&Z Vice Chair Mark McLean stated P&Z approves site plans but Mr. Kabiri stated that if the plan is not approved by P&Z the business can appeal to the Zoning Board of Adjustments. Councilmember Barr stated that he recommends that P&Z work on it further and present it to the City Attorney. Councilmember Brown stated she is concerned with the language and Mr. Kabiri stated the language was taken from the Community Overlay District. City Attorney Bill Olson stated P&Z will have Public Hearings regarding these changes before they become permanent. Mayor Smith stated that this hits the nail on the head for him, there are a few more details to work out but supports giving it over Staff and P&Z to work it out. Councilmember '"°'"" Holbert stated that Council should be cautious as they move through the rest of this, is the first time since he has been on Council that the word "fenestration" has been used at the dais, approving site plans are at the discretion of P&Z and not Council. The City went to guides and percentages since the development community complained that Friendswood is not developer friendly and further stated that the ability to make common sense decisions with flexibility should be made by P&Z and not Council. 11/15/2010 3441 ,.... A discussion was held between Council and the Planning and Zoning Commission regarding amendments to Appendix C, Zoning Ordinance: Section 15, Notice Requirements. Community Development Director Morad Kabiri stated due an increased number of complaints received, P&Z recently addressed notice requirements in relation to amendments to the Permitted Use Table (PUT). Current codes only require notices be sent to property owners within 200 feet of a tract of land on which the use is being altered. However, if the same property's allowable uses are increased or decreased by an amendment to the PUT, a notice would not be required. In an effort to better inform property owners of changes to surrounding properties, it is recommended that the provisions contained within Section 15 of the Zoning Ordinance be amended to include notice requirements for PUT modifications as well as outright zoning classifications changes. Councilmember Brown stated there were some discussions of notifying Homeowners' Associations (HOA's) within 250 feet. Mr. Kabiri stated those discussions were regarding site plans. P&Z Vice Chair Mark McLean stated this issue has to do with the use of property, affected residents should know that there is a proposed change in the use of the property near them. P&Z Chairman Kevin Holland stated that if a person bought a house and the commercial property nearby was zoned Community Shopping Center at the time they bought it, they should be notified if the property is being considered for another use. Mr. Kabiri stated that residents are easily accessible through tax rolls and HOA's are not always as accessible because the City relies on the HOA's to provide current contact information. Councilmember Brown asked if the term "owner" is defined. City Attorney Bill Olson stated he is not aware of a general definition, and added if one use is changed to another, this would require notification of every property owner in every district in both commercial districts plus every property owner within 200 feet of every one of those commercial districts. One alternative would be to prescribe in the amendment that a notice be given to the HOA's, has been a big problem in other cities as they have changed the zoning matrix because it becomes laborious. Community Development Director Morad Kabiri stated that Staff and P&Z have discussed the issue of notification at length and have determined that this is the better method so that there are no complaints of inconsistencies. P&Z Vice '""" Chair Mark McLean asked if this is when a shift is made from one commercial district to another. City Attorney Bill Olson stated it could be anything. Mayor Smith stated an example of this amendment is that if there is a change of use, anyone within 200 feet would have to be notified of the impending change, believes this is overkill to try to accommodate these rules, as the City goes through the growing pains of the last 25 percent of its build-out this will mean a lot of time and money to notify everyone, and would like to see a better, more cost effective way to accomplish this goal and knows that this amendment is a reaction to citizens' complaints of not being notified. Councilmember Barr stated the City has changed the PUT a few times since he has been on Council and asked how it is possible to notify everyone and not be in default if someone is inadvertently missed, suggested P&Z produce another suggestion because the current suggestion could create a liability issue. P&Z Commissioner David O'Farrell stated P&Z was responding to the profound sense of betrayal citizens felt that an onerous use was being added to their community that they knew nothing about. Mayor Smith stated he is thinking about the investment of time, money, and energy involved with this, perhaps notifying properties that immediately abut the pending changes rather than going out to 200 feet. Councilmember Brown stated it would be a can of worms to try and administer this rule, appreciates that P&Z is sensitive to the concerns of the citizens and is trying to remedy, did research during another recent issue and believes a good place to notify residents would be in the Focus on Friendswood City newsletter and believes the proposed changes to the amendment are onerous but appreciates the sentiment. P&Z Chairman Kevin Holland stated the HOA's could spread the word, remember this discussion when a use is added to the PUT because to remove a use is okay but to add one is different. Mayor Smith asked if P&Z would be willing to look at this issue one more time with the comments made at this meeting taken into consideration and come up with a hybrid to make sure the City is in the right corral as far as enforceability is concerned. A discussion was held between Council and the Planning and Zoning Commission regarding amendments to Appendix C, Zoning Ordinance: Single Family Residential — Estate Zoning (FFR-E). ,.�.. Community Development Director Morad Kabiri stated when Council adopted the new future land use plan they added an additional use called Single Family Estates which were larger tracts of land and over the past two years Council has debated about how to rezone these tracts of land. 11/15/2010 3442 ... There have been fifteen applications presented for rezoning and of those, finro applications have been accepted and rezoned. Staff and P&Z have been asked to revisit this zoning issue. Mayor Smith stated this is near and dear to his heart because he has dealt with this for a long time, issue is a matter of controlling potential division of property of larger tracts and particularly those that do not have deed restrictions or are part of a subdivision, example was Falling Leaf where someone asked for a multiple division of property, asked if it was better to rezone in conjunction with neighbors and be protective of the landowners or should the decision be left to the individual landowners, will change the aesthetics. Right now Council can do one or finro tracts of land but not the whole neighborhood at once. Some residents want the City to leave it alone but others want it done. Planning and Zoning Commission Chairman Kevin Holland stated P&Z was concerned that they were not involved when this zoning issue started, when they became involved he encouraged the homeowners to slow down and ponder all of the financial ramifications of choosing this type of rezoning on their property. Now landowners find value in rezoning and it works on an individual basis. Councilmember Brown stated she thought the purpose behind this zoning classification is to prevent large homes on small tracts of land, is not surprised that fifteen homeowners want to do it. If the City has the zoning classification and an individual wants to do it then let them do it individually. Mayor Smith stated that by allowing the homeowners to rezone fifteen pieces of property they will encourage the rest to go ahead and subdivide and will drive the value of remaining pieces up and have unintended consequences. Councilmember Holbert stated that he has heard clearly how Mayor Smith is defining it but has not heard what he is recommending. Mayor Smith stated his recommendation is to take the areas of the Comprehensive Land Plan that are designated Single Family Estates and propose to the landowners that if 50 percent or more of them petition for rezoning then the Council will consider rezoning the entire area, will trigger the public process to hear input from all landowners and realizes the decision will affect the quality of life but doing nothing will also have consequences. If this process begins the City will see a run on replatting of those lands. Councilmember Brown stated the City has already allowed two landowners to do this, other homeowners will be discriminated against if the City does not allow all to do it, believes it should be left to the individual ""'"' property owners or completely do away with the rezoning classification. Councilmember Barr stated that at one point the City was trying to come up with a percentage number, feels like Big Brother by saying that 50 percent of the landowners have decided to rezone and now everyone has to, is not right to do unless it is based on a larger percentage, understands that there is a potential to hurt home values, seven people telling someone what they have to do with their property is not good. Mayor Smith stated that he did not suggest that Council would rezone if 51 percent petition but that Council would consider it in order to trigger the process. Councilmember Barr stated that the percentage needs to be higher even to trigger the process. Councilmember Brown stated she would like to see the legal aspect explored because if two people have rezoned then there is a discriminatory issue against the others that are being held. Mayor stated regarding the comment of putting the property in seven people's hands is already there. Councilmember Barr stated that easy has nothing to do with it, remembers the meeting about this before and there were very few people who came out in support. Councilmember McGinnis stated he did not co- sign his deed with his neighbors or Council, believes it should be left as voluntarily because property owners imposing their will on others is not good. P&Z Chairman Kevin Holland stated is done commercially but have never done it for single families unless it is done by the property owner, cautioned mandating it and taking it out of the hands of the property owners. Mayor Smith stated that he understands the property rights arguments but the ultimate exercise is to remove zoning completely which is what Houston has done. If nobody wants any encroachments on property rights then all zoning must be done away with because zoning is telling people what they can do with their property. P&Z Commissioner David O'Farrell stated that the City has seen many lots already divided and right now they are easy cuts, however, as time passes, the cuts will get more complicated and less desirable. Councilmember Brown stated that the City already has restrictions in place and rezoning requests will have to come to the City. P&Z Vice Chair Mark McLean stated that someone has tried to take a seven acre tract and divide it into one acre tracts and there was no protection because a subdivision nor deed restrictions were in place. Councilmember Brown stated adding on to existing zoning regulations always causes tension and if anyone wants to subdivide, they can do it right now. Mayor Smith stated that '""� homeowners think they are protecting their property by zoning individually but the opposite will happen, will encourage their neighbors to subdivide. Councilmember Brown stated Council is treating property owners like idiots and the information can be placed on the website in order to help them make an informed decision. 11/15/2010 3443 � Mayor Smith stated the subject is being misdirected, should the City be proactive or not be proactive, and feels there will be unintended consequences. Councilmember Holbert asked City Attorney Bill Olson if he has run into this issue with other municipalities and Bill Olson stated when a district such as this is created, it does create controversy. More often it is a part of new development, any landowner has the right to petition Council for rezoning of their property. Councilmember Holbert stated he agrees that people that made their application may believe they are protecting themselves but it is counter to reality. His consternation with only fifteen applications that have come before Council in comparison to the 2,000 property owners that have been notified, even with the City's offer to waive zoning fees. Mayor Smith stated the fifteen applications are because of one landowner petitioning to rezone his property. P&Z Chairman Kevin Holland asked why the landowners were not given their zone change and Mr. Kabiri stated that it was for the reasons being discussed tonight. Councilmember Brown suggested notifying landowners in Focus on Friendswood, the website, and other means to educate, has concerns because she saw the same issue in the area in which she lived in New Jersey. Mayor Smith stated he will go to Coward's Creek and Windsong to speak to the landowners and anyone else is welcome to go with him, has already explained to the residents of Coward's Creek that there is no current vehicle for the City to rezone their areas en masse. Councilmember Brown stated she would like to have a Town Hall meeting at City Hall, has no problem with all of Council discussing this with the effected constituents, and still believes something should be placed in Focus on Friendswood. Councilmember Hill stated that the results of this Town Hall meeting will be the same as the last one, believes it will pit neighbor against neighbor because it is a very divisive issue, is the landowners' decision and Council should not be able to tell them what to do with their property, loves old subdivisions with big lots but is not his duty as an elected official to tell a landowner what to do. Councilmember Brown restated that the City should put the information out there and let the landowners have the last word. Mr. Kabiri stated the last Town Meeting was televised and the landowners were notified. Mayor Smith stated this is a hard governance issue for � him. A discussion was held between Council and the Planning and Zoning Commission regarding amendments to Appendix B, Subdivision Ordinance pertaining to Notice Requirements. Community Development Director Morad Kabiri stated that approximately two years ago there was a new definition of "replat" that caused the current notification requirements to no longer be applicable, proposed change realigns the notification process to meet the new replat definition. Mayor Smith stated in simple terms it does not matter how a landowner was treated in the past, if there is a replatting issue the notices must go out. Councilmember Barr stated he likes this one because it solves some problems. P&Z Chairman Kevin Holland stated that Commission members felt that it went through enough notification processes and that it resolved the issue that was brought up. Councilmembers Barker, Hill, Holbert, and McGinnis stated they like it. Councilmember Brown asked City Attorney Bill Olson if he had any comments and he replied that if there is an undeveloped piece of property that needs to be platted, noticing everyone within 200 feet can be an issue also. The only notice requirement is under the Local Government Code regarding a partial replat. There might be a need to look at the definition of "circumstances" and make sure nothing is missed. Morad Kabiri stated they have been sending out courtesy notices. A discussion was held between Council and the Planning and Zoning Commission regarding amendments to Article IV of Chapter 26-Environment-Nuisance Ordinance, Weeds, Brush, and Rubbish. Community Development Director Morad Kabiri stated a couple of years ago there was discussion about the mowing schedule of undeveloped pieces of land. The City would send a notification of non- compliance and the landowner would be in violation within a week of mowing, there was also a concern that the ordinance was too overly burdensome because the nine inch rule was too restrictive to maintain large tracts of land that are uninhabited. The proposed change is to apply the twenty-four inch rule for land not in use and uninhabited, is also an addition that if a landowner is in violation more than once within a year of the first notification the City can issue a citation and go before the Municipal Court Judge ._,. and reported that all of the notifications are complaint driven. P&Z Chairman Kevin Holland stated P&Z supports the proposed changes. Councilmember Hill stated that he does not have heartburn with the proposed changes but the biggest violator of this ordinance is the Texas Department of Transportation (TxDOT) because they mow only a small strip of grass on Leisure Lane, City may need to look into mowing some areas and wants to send TxDOT the first citation. Mr. Kabiri stated they contact TxDOT and request for them to mow more frequently and it does no good. 11/15/2010 3444 .� Councilmember Brown stated she believes the ordinance can be tweaked, as it was originally written did not consider the use of the property, can be expensive to mow a vacant property to maintain nine inches so the revision does help. Councilmember McGinnis asked if anyone other than he thinks $2,000 per day is expensive and Mayor Smith stated that State law allows that amount as the maximum, citation does not state the amount of the fine but rather the judge assigns the amount. A discussion was held between Council and the Planning and Zoning Commission regarding the frequency of mowing buyout properties. Community Services Director James Toney stated there are ninety-one buyout lots that the City maintains and mows once a month, has been a discussion that they should be mowed less frequently. There is also discussion that they should not be mowed at all but rather be allowed to return to their natural state. This was put on the agenda so that Staff could receive direction from Council regarding the procedure for maintaining the buyout lots. Mayor Smith stated that most of the buyout lots are in the Imperial Estates subdivision which is immediately adjacent to 1776 Park, then there are scattered lots along the creek frontage in various locations within the town, half are in one subdivision, and the Cherry Tree subdivision made theirs into a beautiful garden. Councilmember Barr stated some of these lots should be returned to their natural state such as the lots in Imperial Estates, is spending a lot of time and money mowing and taking away a natural resource, would like to send the list of lots to the Parks Board to determine which ones need to be mowed and which could go back to their natural state. Mr. Toney stated the ninety-one lots listed on the spreadsheet are the ones the City mows but there are thirteen lots that have been licensed to homeowners for them to maintain and use. Councilmember Brown asked if the City offered the lots to the State and they rejected them. Mr. Toney replied the City offered forty-eight lots to the State and they accepted four. Councilmember Holbert stated most lots are now in a floodway and nothing can be placed on them, is zero practical use for them so there is no motivation for a Homeowners' Association (HOA) or the County to want to take them over. Mayor Smith explained the buyout program and how the process works by offering it to the County and the drainage districts but they only want the pieces of property that gave them a benefit. """ Councilmember Brown stated she would like to consider wildflowers or natural ground cover, could be low impact for recreational purposes, and perhaps there could be a pavilion-like structure. P&Z Chairman Kevin Holland stated they can be used as parks. Mayor Smith stated that nothing placed on these properties can impede the flow of water. The 1776 Park abuts the creek but it would have to be an open area without even a fence for protection. Councilmember Hill stated putting the lots back to the natural state would be impeding the flow of water by adding trees. Mayor Smith stated that there would have to be a good balance by not having overgrowth but trees do drink a significant amount of water. Councilmember Hill stated that if anyone believes planting trees do not impede the flow of water, then look at the creeks in Brazoria County. Councilmember Brown stated that Clear Creek flooding was a concern as far back as 1968 and if it has been a problem for over forty-two years, Council will not solve it or impede it with a couple of lots that have some trees. Mayor Smith suggested doing further research in order to determine how to move forward. A discussion was held between Council and the Planning and Zoning Commission regarding the Major Thoroughfare Plan. Community Development Director Morad Kabiri stated that six and a half years ago Council passed a resolution adding the extension of Blackhawk Boulevard north of FM 2351 and south of FM 528 to the Major Thoroughfare Plan. Potential developers have argued that dedicating rights-of-way will kill projects and there is no need for it. Staff's perspective is that there has been no study to justify the extension of those roadways so they are looking for direction from Council as to whether or not to keep these two extensions. Additionally, the City has received a letter from the Texas Department of Transportation (TxDOT) stating their funding has become available again and the City can continue the preliminary engineering and environmental assessment for Brittany Bay Boulevard from FM 528 to FM 2351. The City has not been able to get the federal government to approve the environmental assessment for Friendswood Link Road for two years because every time the City resubmits the environmental assessment with the concerns addressed the government sends a letter with changed and new requirements for the City to meet. Mayor Smith stated that two issues are being considered today """"" which is whether or not to extend Blackhawk Boulevard in both directions and does the City want to spend time, money and energy for the extension of Brittany Bay Boulevard, and further stated an environmental study still needs to be done. Regarding Blackhawk Boulevard, Councilmembers Barker, Barr, and Hill stated they did not want to continue. Councilmember McGinnis asked what is being considered and Mayor Smith stated the extension is currently on the Major Thoroughfare Plan. If the Plan is not changed then the extension will continue. If nobody wants it, then it must be actively removed. 11/15/2010 3445 � Counciimember Barker stated the extension was only penciled in by landowners. Mayor Smith stated that because it is on the map the City must consider it and act on it. Councilmembers Barker, Barr, Hill, and McGinnis stated that it should be taken off. Councilmember Brown stated she would like for a study to be done before it is permanently removed because it has been relied on for six and a half years and questioned the area south of FM 528 as it pertains to the Galloway Project. Mr. Kabiri stated that because it is in the current Major Thoroughfare Plan, the City required them to dedicate a certain amount of right-of-way but if the thoroughfare plan were changed the requirement would be removed. Mayor Smith stated that the City should trigger the process to change the Major Thoroughfare Plan and wondered what the appropriate steps would be. Councilmember Barr left the meeting at 9:35 PM. Councilmember Brown stated she would like the Community and Economic Development Committee to be involved with the changes. Mayor Smith stated he agreed and added that P&Z should be added to the meeting. Mr. Kabiri asked for direction regarding Brittany Bay Boulevard and Mayor Smith suggested adding Brittany Bay Boulevard to the same discussion. The meeting was adjourned at 9:37 PM. ayor David . Smith .r. Attest: r� ���J�-'"o �----- �F f R�ENOs Melinda Welsh, TRMC ,� �y0 City Secretary � 0 V O * * s � ���F oF T��'