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HomeMy WebLinkAboutCC Minutes 2004-08-16 Regular 08/16/04 2207 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( AUGUST 16, 2004 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY,AUGUST 16,2004 AT 5:30 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 SHANNON KIMMEL(arr. at 5:41 PM) COUNCILMEMBER MEL MEASELES CITY ATTORNEY LOREN SMITH CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE Mayor Brizendine called the meeting to order. 6:30 PM—SPECIAL SESSION Discussion was held regarding rezoning of property at FM 2351 and Woodland Trail. City Manager Ron Cox gave a brief history of the project. Deputy Director of Community Development Dan Johnson made a PowerPoint presentation and reviewed the environmental scan components, gave a project analysis with adjacent zoning-rezone 6.5401 acres from Single-Family Residential (SFR) to Office Park District(OPD), currently undeveloped and unplatted,gave a timeline on the project which was February-Development Review) Committee,April-rezoning application,June-Public Hearing,July-Planning and Zoning Commission's negative ' recommendation,July-Council consideration,August-Workshop and first reading,discussed adjacent zoning and viewed map. Office Park District permits the following uses: Medical Equipment & Supplies Manufacturing, Finance and Insurance, Real Estate, Lessors of other non-financial intangible assets,) Management Companies, Educational Services, Other School and Instruction, Ambulatory Health Care (Doctors and Dentists), Personal Care Services, Other Personal Services, gave a planning analysis with Comprehensive Land Use Plan, Vision 2020, Master Drainage Plan, Groundwater Reduction Plan, Hazard Assessment and Mitigation Plan, Major Thoroughfare Plan, Public Safety, School District, and Capital Improvement Program. Comprehensive Land Use Plan - existing plan (1998) identifies Single Family Residential, plan is currently being updated to reflect where commercial growth has taken place in the community, particularly along Entryway Overlay District (EOD), Vision 2020 - plan identified need for 80%, Residential and 20%Commercial at buildout, proposal identifies 0%Residential and 100%Commercial,the proposal meets or exceeds plan, Master Drainage Plan-plan does not identify any problem areas within the vicinity of the proposed project,drainage/detention calculated within The Forest subdivision drainage system (calculated at a commercial rate for both tracts), Groundwater Reduction Plan - plan does not identify any, projects within the vicinity of the proposed project, Hazard Assessment and Mitigation Plan-plan does not identify any projects within the vicinity of the proposed project,Major Thoroughfare Plan-does not identify any projects within the vicinity of the proposed project,new traffic signal at intersection in 2005,Woodland Trail to be modified to four lanes at FM 2351 while keeping it two lanes within the residential area, need for shared access with adjacent commercial tracts, the proposal meets or exceeds plan, Public Safety - no negative impacts regarding access and response, deploymenUemployment capabilities, service requirements, legal I 08/16/04 2208 considerations,traffic enforcement, accident considerations,School District-no new students associated with commercial development, more taxable value for commercial property, no school sites proposed on the property,Capital Improvement Program-plan does not identify any projects within the vicinity of the proposed project. Discussion was held regarding the traffic issues at FM 2351 and discussed a light at the intersection,develop four divided lanes on Woodland Trail, TxDOT was not in favor of a turn or accelerated lanes into the ' subdivision, Staff can pose this question again to TxDOT, signal will have turning bays and is projected for February of 2005, EntryWay Overlay District will impact the requirements forcommercial, common orshared access for commercial will do away with some of the driveway cuts and should greatly improve traffic,what next if rezoned where is the protection and next step. Dan Johnson stated that the platting and site plan process would require the Planning and Zoning Commission to hold public meetings and could be at the same time, what is the public's part in this, they can attend and address concerns, can send letters or e-mails. Councilmember Ericsson recapped the Planning and Zoning Commission's four concerns which are drainage, values,traffic safety and criminal safety. Friendswood Police Chief Wieners reviewed statistics and looked at areas with commercial adjacent to residential and no negative impact was noted,stated there are less public safety calls for commercial than for residential, in regards to traffic safety, enforcement is a key component. Economic Development Coordinator Karen Capps does not know of any Office Park vacancies,there are two retail spaces vacant, Office Park does not fit into retail spaces, it would be expensive to retrofit, also want visibility,parking is also an issue,they are built differently,stated there is an advantage to cluster retail spaces together and is there a benefit of having Office Park and there are benefits depending on the business, Karen Capps stated that most of Friendswood businesses are B+ properties, the A type properties would be the multi-storied office buildings. Councilmember Kimmel stated he does not believe the value issue is a valid point. 7:00 PM—REGULAR SESSION The Invocation was given by Pastor Joe Schwenk from Baybrook Baptist Church. Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS , Mayor Brizendine presented certificates of recognition to the girl's 10-and-under All Stars softball team and their coaches,the Friendswood Flash,who came in third place in the state and le in Nationals, and went to the National Competition in St. Louis, Missouri the first week in August. Mayor Brizendine presented certificates of recognition to the boy's 13-year-old Pony All-Stars softball team recognizing them for winning Regional and participating in the South Zone tournament. Mayor Brizendine presented a proclamation in honor of Rachel's Challenge Day,which is August 22, 2004, and reported that Rachel Scott was the first one killed at Columbine High School and she wrote an essay regarding a challenge the month before she died. COMMUNICATIONS FROM THE PUBLIC Ben Hull, 2003 Pine Drive, a 15-year-old Friendswood resident addressed Council and stated he was at the meeting with three supporters and reported they have processed a petition with 80 signatures at school and are still getting signatures on supporting a free Skate Park in Friendswood and presented an article from the Houston Chronicle on skate parks. 08/16/04 2201 CITY MANAGER'S REPORT City Manager Ron Cox reported that in May,the City Council approved an application to the 2005 Solid Waste Management Grant Program. The City was awarded the entire$80,000 request to fund a one-day Household Hazardous Waste (HHW) collection event and outreach program. The grant award provides 100 percent reimbursement for eligible event expenses up to$80,000. The program does not have a match requirement; ' however, Friendswood and League City will provide in-kind staff support(event support,volunteers,and public education activities)and minimal operational expenses(paper,copying,etc.) The objective of this collection is to offer residents of the cities of Friendswood and League City an opportunity for the safe, proper disposal of household hazardous waste, as well as provide education on source reduction and safe disposal. It is our hope that this partnership will also serve as a catalyst for future cooperative programs. The HHW collection will be a joint event for League City and Friendswood. It is the first collection event for both communities. The collection will be held with a long-standing community clean-up day(Spring Sparkle)that allows residents to dispose and recycle non-hazardous household items and promotes the reuse of those materials by other residents through a reuse/garage sale area. This one-day event is to be held in spring 2005. The HHW portion of the event will be managed by a private contractor and will collect the following types of materials: batteries,oil, paint,antifreeze, household batteries, household chemicals,mercury(thermometer exchange), no commercial or institutional waste will be accepted. At this time, there is no set fee for the event. Participants will be encouraged and welcome to make donations to help fund future disposal efforts. The financial impacts of HHW disposal will be an integral component of our education efforts. If for some reason, such as inclement weather, lower turnout than expected,etc.,the City is unable to use all of the funds allotted, we plan to either return the unused monies to Houston-Galveston Area Council, if early in the grant cycle, or use the funds to support other disposal opportunities for our residents through either the purchase of vouchers from disposal facilities or funding participation in other area collections. If,due to budgetary limits,the City is unable to serve all of the households who turn out on the day of the event,it will work to provide information to those residents on alternate disposal opportunities in the region. Staff from the City of Friendswood, City of, League City,and Galveston County will be working together to plan and implement this important community event. ACTION ITEMS ' **Councilmember Ericsson moved to approve an Interlocal Agreement with Clear Creek Independent School District to hire a School Crossing Guard and authorize the Mayor to sign the agreement. Seconded by Councilmember Goza. The motion was approved unanimously. ORDINANCES **Councilmember Ewing moved to approve the Second and Final reading of Ordinance No. 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 191h day of November, 1984,and being the Zoning Ordinance of the City, by deleting therefrom all of Section 7.5 and substituting therefore a new Section 7.5: providing screening and barrier, architectural, and tree planting requirements for the Downtown 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. Seconded by Councilmember Measeles. The motion was approved 5-2 with Councilmembers Goza and Kimmel opposed. **Councilmember Ericsson moved to approve the Second and Final reading of Ordinance No.T2004-08,ap 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 from Subsection R of Section 7 thereof all of Paragraphs 5,6,8,and 08/16/04 2210 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. Seconded by Councilmember Measeles. The motion was approved 5-2 with Councilmembers Goza and Kimmel opposed. **Councilmember Goza moved to approve the Second and Final reading of Ordinance No. 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,from 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 unanimously. **Councilmember Goza moved to approve the First reading of Ordinance No. T2004-14, 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 changing the Zoning Classification of two certain tracts of land totaling 6.5401 acres from Single-Family Residential (SFR) to Office Park Development (OPD), such tract being situated at the intersection of Woodland Trail and FM 2351, Galveston County,Texas,and within the City Limits of the City; providing for the amendment of the City's Official Zoning Map; 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 Kimmel. The motion was approved 6-1 with Councilmember Ewing opposed. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Ewing stated she would like to congratulate Councilmember Measeles on his election as President of Texas Municipal League(TML) Region 14, attended an eco-tourism meeting which are working on bylaws, and met with two Boy Scouts working on their badges. , Councilmember Ericsson reported on the Ellington property development and stated that Reserves from the Old Spanish Trail location moved to Ellington, reported on the upcoming Houston-Galveston Area Council meeting at 9:40 AM tomorrow and the Harris County Mayor and Council meeting on Thursday. Councilmember Goza reported that the Pony League baseball team needs a place to call home and needs a field dedicated for that purpose. Councilmember Smith reported on the Homeowner's Association meetings he attended and the Planning and Zoning Commission meeting he attended with the Planning and Zoning Commission Chair suggesting that someone from the Community and Economic Development Committee and Main Street Steering Committees attend a planning seminar in Austin, attended a meeting with Polly Ranch subdivision, Field Creek Forest subdivision, Leisure Lane subdivision regarding the West Development, commented on Ben Hull's presentation on a Skate Park site and stated he would support a Skate Park as there has been tremendous damage to the benches at the Rotary Pavilion by skate boarders and is great idea to provide an alternative. Councilmember Kimmel reported he is leaving tomorrow as a State Farm Insurance Adjustor, is going to Tampa Bay, Florida, to provide this service to the areas hit by high winds and hopes to return for the next Regular Council meeting, further stated he supports a Skate Park site only with a Water Park. 1 08/16/04 2211 Councilmember Measeles reported that TML Region 14 covers 18 counties, will continue to encourage participation of all of the entities to stay involved,attended a Galveston County Consolidated Drainage District meeting where they discussed a budget request for desnagging funds,urged the City to reconsider funding for the desnagging program which is drastically needed to clean Clear Creek, reported that the last couple of years of desnagging there has been a 17%change in the flow of water and would like to have full funding from the 2004/2005 budget, and further reported that this Saturday's Prayer Breakfast will be at Calvary Baptist Church. Mayor Brizendine congratulated Councilmember Measeles on his election as TML Region 14 President and is very proud of him, thanked City Manager Ron Cox and Staff for the budget process, congratulated and recognized City Manager Ron Cox, Police Chief Wieners and Homeowner's Association representative Councilmember David Smith for public communication efforts with the Homeowner's Associations,is working on an upgrade to the State of the City Address program in partnership with the Chamber of Commerce and stated there is going to be a big effort put into this next address, Friendswood is the best kept secret of a growing community and will be happy to announce thatto anyone willing to listen,is proud to workwith a very courageous, smart Council and is very proud to be here. CONSENT AGENDA **Councilmember Smith moved to approve the Consent Agenda as presented. A.Authorize Council to invoke Rule 1(A)of the Rules of Procedure to schedule the regular September Council meetings for September 13 and 20, 2004 due to the Labor Day holiday. B. Approve Concession Agreement for Renwick Park with the Friendswood Chiefs Football Association and authorize Mayor to sign the agreement. C.Approve Resolutions of the City of Friendswood as follows: 1. Resolution R2004-15, A Resolution of the City of Friendswood, Texas, Galveston/Harris Counties,endorsing the reappointment of Five Members to a Nine Member Board to the Galveston County United Board of Health. 2. Resolution R2004-16,A Resolution of the City Council of the City of Friendswood,Texas, adopting Rules of Procedure for City Council Meetings;and repealing Resolution No. 2003-27 passed and approved the 16t" day of June, 2003, and Resolution No. 2004-13 passed and approved the 1 e day of July,2004 and all other Resolutions or parts of Resolutions inconsistent or in conflict herewith. D.Approve Banner Permit Applications: 1. Hope Lutheran Church for Hopefest and Craft Fair. 2. Friendswood High School's Project Prom Golf Tournament. E.Report of Capital Projects. F.Approval of July, ' 2004 Property Tax Report. G. Approve Minutes of August 2, 2004 Meeting. Seconded by Councilmember Measeles. The motion was approved unanimously. A motion was made and approved to adjourn at 8:31 PM. Mayor Kimball W. Brizendine Attest: e24-0tZ2 �i Deloris McKenzie, TRMC City Secretary