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HomeMy WebLinkAboutCC Minutes 2004-08-02 Regular 08/02/04 2199 STATE OF TEXAS X CITY OF FRIENDSWOOD X COUNTIES OF GALVESTON/HARRIS X AUGUST 2, 2004 X MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, AUGUST 2,2004 AT 4:30 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD,TEXAS,WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR KIM BRIZENDINE MAYOR PRO-TEM JERRY ERICSSON COUNCILMEMBER LAURA EWING COUNCILMEMBER TRACY GOZA COUNCILMEMBER DAVID J. H. SMITH COUNCILMEMBER MEL MEASELES CITY ATTORNEY LOREN SMITH CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE Councilmember Kimmel was absent from the meeting. Mayor Brizendine called the meeting to order. 4:30 PM—SPECIAL SESSION A presentation was given by Bill Finger, Chair of the Main Street Steering Committee, regarding the Final Report on the Implementation Plan and recognized committee members present. He reported this began in 1998. The Steering Committee has accepted the plan and voted to move forward with actual re-development ' of Main Street, Lewis May with PageSoutherlandPage reported the plan is the beginning of this project and is a 55-page document with appendices with an executive summary, an Idea Map,and introduced members of his team. Bill Peel provided a high level overview and recap, Kurt Neubek presented an Idea Map showing steps of progression for the plan and potential project costs for five years-project timeline, discussed City funding, community funding and third party funding, Lewis May recommended the next steps which were to expand the Main Street Steering Committee, place Main Street Committee in charge of executing start-up activities; determine the structure of the entity, initiate regulatory changes, hold project kick-off activities, create a new Main Street zoning environment to promote development, begin to search for a Director. Bill Finger outlined steps to go from paper to reality, Council has to decide do they want to go forward, then an interim committee will begin the process,then project will take on a life of it's own,further stated they are not looking at initial 8 blocks as the end, it is the beginning and can expand as deems appropriate. Mayor Brizendine stated this is a lot of information for Council,will probably require a retreat or special worksession, asked what timeframe and Bill Finger answered that he would hope for this budget year in October, 2004. Councilmember Measeles asked how would the City proceed officially and City Manager Ron Cox stated just like all other plans of the City, by adoption of a Resolution. Councilmember Measeles asked if there are budget dollars planned for this year's budget with the City Manager answering yes it is in the budget. Mayor Brizendine asked that a key consideration be that at some point in time a major developer would be a participant in this plan, asked for this affirmation that the interest is still there by a developer with Mr. May stating that this gentleman developer is very interested with this proposed plan,will probably be a combination of developers,will put together a proposal soon and then begin to target participants. Mayor Brizendine stated that PageSoutherlandPage has been exceptional as well as the committee, the City owes a lot to those that have worked hard on this project,finally have some fruits of this labor, is going to be exciting to put this on the 1 08/02/04 2200 table and looks forward to working with everyone. The Mayor further stated that the City plans to look at a dedicated meeting and fast track this project as quickly as possible. A Governance discussion was held with the Planning and Zoning Commission regarding Zoning Principles (Environmental Scan - Using West Ranch as an example). City Manager Ron Cox gave an overview of looking at the big picture and how this will work with the different zonings. Public Works Director Mike Hodge overviewed the Governance Agenda process which calls for subject overview or environmental scan and then reviewed the scan components which includes the plan components and other components, reviewed the plans such as Public Safety and Capital Improvement Program. City Manager Ron Cox stated this is what needs to be presented to the Planning and Zoning Commission and City Council to be informed, it then becomes public record after presentation to the Planning and Zoning Commission, becomes a communication tool and would apply to every single rezoning proposal. Mayor Brizendine stated as it relates to how public would receive, any definitive information is a clarifying and empowering tool. The Planning and Zoning Commission stated this would be a great tool, having a recommendation from Staff would be beneficial as Staff is a member of the team, would like to see what effect this would be on the 80/20 rule, suggested chronology of events for clarification, how to use for presentation, for presenting facts, Staff making a presentation at Public Hearings does not seem neutral and expressed a concern with making this information public prior to presentation, need to do the right thing in the right way and does not agree with having a Staff recommendation, having Staff statements regarding meeting all of the guidelines is appropriate, recommendations should not be made,gives the appearance that the City is supporting the developer and not the citizens. Council suggested adding impact on other entities and possibly have Staff add a section on list of concerns, important to help get information out to the public, discussed that the other side of the Staff recommendation is that Staff would stand up and state the project meets City plans, Staff would make a recommendation following the Public Hearing prior to the Planning and Zoning Commission meeting to consider the project. Planning and Zoning Commission members stated this would be beneficial in getting the correct information out to the public early on which should be helpful with the Public Hearings and the process. The Mayor stated this is another tool for communications. Planning and Zoning Commission members suggested to let some of the more vocal citizens from other issues review the proposed format of the document and get feedback,this document is very important as it would answer some of the questions before the Public Hearing, impacts according to 80/20 with overall projection as to density and how this impacts overall picture. Councilmember Measeles stated he feels the best time is before the Public Hearing without a recommendation and then have Staff recommend prior to the Planning and Zoning Commission meeting,is a very useful document. Mayor Brizendine recapped the discussion, drop recommendation from Staff, ' document available to public prior to Public Hearing and then Staff makes recommendation to Planning and Zoning Commission prior to the Planning and Zoning meeting. Mayor thanked Staff and the Planning and Zoning Commission for their input. Discussion was held with the Planning and Zoning Commission regarding proposed changes to the Entryway Overlay District(EOD)and the Downtown Overlay District(DOD)ordinances. City Planner Diana Steelquist stated the proposed revisions are to clarify screening requirements, clarify and supplement landscaping requirements, to make both ordinances consistent, screening requirements would be to define 'View from ground level' as to what is screened, listed additional mechanical equipment to be screened, prohibit ponds closerthan 10 feet from right-of-way, landscaping changes would be maximum height for plant screenings in front of parking areas of 3 feet 6 inches, allowing existing trees to be used towards meeting landscape requirements, allowing trees to be clustered rather than spaced 1 every 25 feet, maintaining consistency is important and monument signs only in EOD and DOD, prohibit garage bays facing DOD and EOD, clarify building materials to be used (took out term 'architectural metals'), residential barrier along both EOD and DOD 10 feet from right-of-way(was 5'). City Council concerns are identifying all signage in the EOD and DOD as being monument signs, overlap of the EOD with the DOD at the intersection of FM 2351 and FM 518 and how the prohibition of garage bays would affect this location, defining 'tree clustering' and letting the determination of the appropriateness of tree clustering be a Staff decision, holding a workshop with the Planning and Zoning Commission, Community and Economic Development and Main Street Steering 08/02/04 2201 Committees to discuss the proposed changes, identify monument signs - both ordinances state that only monument signs are allowed, language was modified in both to delete that the sign must be located in the 10 foot landscape buffer, overlapping of EOD and DOD - this needs.to be definitively answered by the City Attorney. The Planning and Zoning Commission stated during their deliberations that the prohibition needs to be consistent, typically, the more restrictive ordinance applies, tree clustering — Planning and Zoning Commission recommended tree clustering be allowed,since commercial site plans are currently approved by the Planning and Zoning Commission, they will get a look at how trees are clustered, if they don't see landscaping,tree clustering is defined as okay as long as it does not affect the survivability of adjacent trees. How this applies to Main Street and mixed use, City Manager Ron Cox stated he sees no inconsistencies. Council asked how this would apply to the Shell Station a non-conforming use with the City Manager answering that this proposal provides that no bay doors will be allowed facing FM 518 and that there is the Zoning Board of Adjustments that hear appeals but there are strict guidelines and that it may not be allowed. Councilmember Goza stated that does not make any sense. Councilmember Ericsson stated he agrees but what do we have in place that would allow this business to proceed with their development with Councilmember Goza stating the Shell Station owner has spent several hundred thousand dollars to upgrade this property and now we will not be able to allow this business to complete this project that includes bay doors. City Manager Ron Cox stated the next step is to develop guidelines from the ground up that would allow this but this is down the road and could be up to six months, the ordinance can be amended when the Tree Preservation ordinance is completed. Governance discussion on the Code of Ethics was not held. 7:00 PM—REGULAR SESSION The Invocation was given by City Manager Ron Cox. Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Mayor Brizendine presented a proclamation to representatives of Friendswood United Methodist Church in ' celebration of their 40th Anniversary. Mayor Brizendine presented a proclamation for National Night Out to Friendswood Police Officer Judy Pree. Steve Huffman and officers of the Project Prom Committee presented an appreciation plaque from Friendswood High School's Project Prom Committee to Police Chief, Robert B.Wieners, in appreciation of his continued support of Project Prom. Fred Krch, 209 Dawn, addressed Council and presented information and documents regarding owning and using non-potable water, treated effluent gray water and discussed why the City is not purchasing the Friendswood five acre lake,why not use some of the undesignated funds,could use eminent domain,thinks the City needs to do a feasibility study of using the effluent water, which would benefit the City. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS City Manager Ron Cox made a special presentation of the Five Star Award for the Second Quarter of 2004 to Roger Stenstrom, Animal Control Officer, in the Police Department. City Manager Ron Cox reported that Roger has been with the City of Friendswood since November 12,2002. He, like all the City's Animal Control Officers, loves the work he does for the citizens on behalf of the animals. In Roger's spare time, he enjoys collecting antique radios and raising tropical fish. Recently, Denis and Estelle Bergeron commended Roger for his thorough and professional way he handled a situation that occurred on March 2, 2004. In addition to 08/02/04 2202 Roger's on-going dedication and compassion, his heroism was displayed in grand scale on March 15. He demonstrated patience and compassion when he responded to a call about an elderly gentleman who was too ill and too overcome with grief to take his dying dog to the veterinary clinic for euthanasia. Roger stepped in and in a very caring and humane way, removed the dog from the house. We appreciate the kind, caring way Roger has carried out his duty in our community and we commend him. CITY MANAGER'S REPORT City Manager Ron Cox stated the Friendswood Police and Fire Departments are participating in National Night Out, Tuesday, August 3, 2004. This is the 21 st year for the nationwide event and Friendswood has been participating for more than 11 years. The event is a method for neighbors to gather and get to know each other in an effort to combat crime. The general premise being that if neighbors get to know one another,they will be aware of who or what is out of place in their neighborhood and will call police to report suspicious activity. Crime Prevention Officer Judi Pree is coordinating activities with at least 23 Friendswood neighborhoods including visits from members of the police and fire departments. Crime prevention information, educational handouts and giveaways for children are being provided. The local event is also registered with the National Association of Town Watch and it is reported that 39 areas will participate. ACTION ITEMS **Councilmember Measeles moved to approve the appointments/reappointments to Group A Boards, Committees, and Commissions: A. Zoning Board of Adjustment and Appeals — reappointment of Greg Hughes and Ken Boggs, new appointment of alternate members Steve Joiner and Steve Knis and move David Dannemiller from alternate member to regular member. B. Community and Economic Development Committee—reappointment of Kevin Candee, Gregory Crinion,Zekie McVeigh and Brent Goswick. C.Library Advisory Board —reappointment of Larry Seelig and Dorothy Race. D. To fill a vacancy on the Parks and Recreation Board—appointment of Lonnie Moffitt. Seconded by Councilmember Ericsson. The motion was approved 6-0. ORDINANCES **Councilmember Ericsson moved to approve the First Reading of Ordinance T2004-07, 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 19t'day of November, 1984, and being the Zoning Ordinance of the City, by deleting therefrom all of Section 7.6 and substituting therefore a new Section 7.5: providing screening and barrier, architectural, and tree planting-requirements for the Downtown 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. (Previously tabled March 1, May 3 and June 21, 2004) Seconded by Councilmember Smith. The motion was approved 5-1 with Councilmember Goza opposed. *Councilmember Ericsson moved to approve the First Reading of Ordinance 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 19'"day of November, 1984, and being the Zoning Ordinance of the City, by deleting from Subsection R of Section 7 thereof all of Paragraphs 5,6, 8, and 9 and substituting 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. (Previously tabled March 1, May 3 and June 21, 2004) Seconded by Councilmember Measeles. The motion was approved 5-1 with Councilmember Goza opposed. 08/02/04 2203 **Councilmember Goza moved to approve the Second and Final Reading of Ordinance T2004-10, an Ordinance amending the code of ordinances of the city of Friendswood, Texas, by adding to chapter 50 thereof anew article III;adopting regulations governing the construction and use of industrialized housing and buildings within the city; requiring industrialized housing to have values equal to or greater than the median taxable values of single-family dwellings located within five hundred feet (500') of the lots upon which industrialized housing is proposed to be located; requiring that exterior siding, roofing, roof pitch, foundation fascia,and fenestration of industrialized housing be compatible with single-family dwellings located within five hundred feet (500') of the lots upon which the industrialized housing is located; requiring compliance with municipal standards, building setbacks, subdivision controls, landscaping, square footage, and other site requirements; requiring that industrialized housing be securely fixed to a permanent foundation; providing a penalty of an amount not to exceed $500 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Ericsson. The motion was approved 6-0. **Councilmember Smith moved to approve the Second and Final Reading of Ordinance T2004-11, an Ordinance amending Appendix C of the Friendswood City Code,said Appendix C being Ordinance NO. 84-15, as amended, originally adopted the 19th day of November, 1984,and being the Zoning Ordinance of the City, by providing in the Permitted Use Table contained in Section 7-P thereof that the uses described in the category 44112, entitled "Used Car Dealers," may be allowed in the Community Shopping Center("CSC"), Original Business District("OBD");and Planned Unit Development("PUD")Districts pursuant to a Specific Use Permit, and by adding to said Permitted Use Table and new use category 713990, entitled "All Other Amusement and Recreation Industries",which use may be allowed in the Light Industrial ("LI")and Industrial ("I") Districts pursuant to a Specific Use Permit; by deleting the Off-Street Parking Requirements from Section 7-P, Subsection 2 thereof, and from Section 6, Subsection F, Subparagraph 1 thereof; and by adding a sentence to Section 8, Subsection F, Subparagraph 1 thereof, requiring Off-Street Parking Requirements to comply with the recommended guidelines of the current Design Criteria; providing other matters relating to the subject; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Goza. The motion was approved 6-0. **Councilmember Measeles moved to approve the Second and Final Reading of Ordinance T2004-12, 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 therefrom all of Subsection J of Section 7 and substituting therefore a new Subsection J; providing a description and enumerating the General Purpose of the Planned Unit Development District(PUD); amending the Permitted Use Table contained'in the subsection P of section 7 thereof to provide permitted (P)and non-permitted (NP)Uses in a PUD; amending subsection H of section 8 by adding a new paragraph 3 to provide for application standards and Criteria for a Mixed Use PUDS; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Smith. The motion was approved 6-0. **Councilmember Ewing moved to approve the First Reading of Ordinance T2004-13,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 changing the Zoning Classification of a certain 134 Acre Tract of Land, more or less,fro Single-Family Residential District(SFR) to Planned Unit Development—Mixed Use District(PUD-Mixed Use), such Tract being situated along FM 528 and Clear Creek, Harris County, Texas, and within the City Limits of the City; providing for certain other restrictions and requirements for the Development of such Tract; providing for the amendment of the City's Official Zoning Map; providing a penalty in an amount not to exceed$2,000 for each day of violation of any provision hereof; and providing for severability. Seconded by Councilmember Ericsson. The motion was approved 6-0. 08/02/04 2204 COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmembers Goza and Ericsson stated they had no report. Councilmember Ewing reported she attended the Polly Ranch Homeowner's Association meeting regarding the Whitcomb property, stated this was democracy in action, is very proud of the participants, City Staff and Richard Browne, is very appreciative of City Staff being so responsive to homeowners, attended a Library Board Meeting and reported there are many wonderful programs. Councilmember Smith stated he would like to thank Councilmember Ericsson for attending the Polly Ranch Homeowner's Association meeting for him, as he was out of town, also attended a meeting of the residents of Prairiewilde Street regarding street concerns. Councilmember Measeles stated he would like to thank everyone for their thoughts and prayers for his wife Shirley who had heart surgery lastweek and reported she is doing well,attended the Clear Lake Area Council of Cities meeting last Wednesday with the speaker being Fred Neekim from Clear Creek Independent School District regarding a Bond election and what is proposed. Mayor Brizendine recognized City Manager Ron Cox and the success the City is enjoying and recognized Councilmember Kimmel being out and we miss him. CONSENT AGENDA **Councilmember Ewing moved to approve the Consent Agenda as presented. A.Award of Bid No.2004-09 and authorization for the contract with Ramos Industries, Inc., for the Annalea/KingsparktWhitehall Drainage Project. B.Accept streets, drainage and utilities for the contractor's one-year maintenance period for Hunter's Creek Subdivision. C. Approve contract with Knudson & Associates for consulting services on special financing district proposals. D. Report of Capital Projects. E. Approve Minutes of July 12 and 19, 2004 Meetings. Seconded by Councilmember Goza. The motion was approved 6-0. A motion was made and approved to adjourn at 7:57 PM. L Mayor Kimball W. Brizendine Attest: De oris McKenzie, TRMC City Secretary