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Home My WebLink AboutCC Minutes 2004-12-06 Special i 12/06/04 2251 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( DECEMBER 6, 2004 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON ' MONDAY,DECEMBER 6,2004AT 6:30 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 COUNCILMEMBER LAURA EWING COUNCILMEMBER TRACY GOZA COUNCILMEMBER DAVID J. H. SMITH COUNCILMEMBER SHANNON KIMMEL COUNCILMEMBER MELMEASELES CITY ATTORNEY LOREN SMITH CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE Mayor Brizendine was absent from the meeting. Mayor Pro-Tem Ericsson called the meeting to order. 6:30 PM—CLOSED 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 action taken later in the meeting. ' RECONVENED INTO OPEN SESSION 7:00 PM—REGULAR SESSION The Invocation was given by Assistant Pastor Dan Loaiza from Calvary Chapel. Mayor Pro-Tem Ericsson led the Pledge of Allegiance to the United States and to the State of Texas. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS Ken Courville, Jahn Cooke and Marie McDermott, representatives from the International Economic Development Council Certification Board, made a presentation to Economic Development Coordinator Karen Capps for the achievement of Economic Development Certification. JOINT DOCKETED PUBLIC HEARING I Mayor Pro-Tem Ericsson and Chair of the Planning and Zoning Commission Kevin Holland called a Joint Docketed Public Hearing to order to request for a Specific Use Permit-Limousine Service,for property located at 626 S. Friendswood Drive (FM 518), Stones Throw Shopping Center, Lot 14, Block 3, Friendswood Subdivision. t 12/06/04 2252 Ed Stuart,2001 Pine Drive,developer of the property, stated he has been a resident since 1966,is builder and owner of Stones Throw Shopping Center,commended Karen Capps for her award and stated she deserves it and is proud of her, provided history of the limousine service that operated from this facility from 1992 and 2000 for a period of time by Linda Yeager, leased space to a family owned limousine service, Superior Transportation. Mr.Stuart stated the Center has 100%occupancy and would appreciate any consideration for this request, parking for the stretch limousine is in front of the shopping center and the previous limousine service parked in front of the center where the Snow Beach is located. ' Mike Rebesher, 2202 San Joaquin Parkway, stated he owns 5 residential homes adjacent to the shopping center, spoke in favor of the request,everything that Mr.Stuart has built is a great assetto this community and asked Council to support this request. Jaime Cortez,stated he is the owner of the limousine service and a lot of his clients live in Friendswood,tries to offer the highest service we can, has 18 corporate clients, one limousine and a number of Lincoln Town Cars, the main concern is customer satisfaction, not looking for a short term but looking for a long haul. No one spoke against the request. Hearing no further comments, the Joint Docketed Public Hearing was closed. Mayor Pro-Tem Ericsson and Chair of the Planning and Zoning Commission Kevin Holland called a Joint Docketed Public Hearing to order to request a Zone Classification change for 2.1556 acres located at 2000 West Parkwood(FM 528), Reserve B of Windsong Subdivision,from Single Family Residential(SFR)SUP- Church to Neighborhood Commercial (NC). Mike LeBlanc, 11414 Sagecherry, owner of the property, stated he has lived in Houston in the Sagemont Subdivision for 23 years, is requesting the change to give the opportunity to put in additional parking and landscaping, the zone change would provide for a greater user group potential. Ryan Dennard, 39 Windsong, stated he is opposed to this request for rezoning, is pro-development but is concerned with 1'/lane road, ingress and egress on Windsong will be affected, is a residential road in a rural area, concerned with traffic, just west of Desota, slightly off-kilter intersection, concern with traffic hazard, possibly if there was a drive to FM 528 across from Desota, petroleum facilities makes this property awkward, ' recognizes that this property is adjacent along a major thoroughfare, suggested the City require the owner to change the development to re-development that would not create a traffic hazard and impact neighborhood property values. Ed Sherrill,#5 Windsong Lane, stated he is opposed to the rezoning and as President of the Homeowner's Association he is speaking for those Windsong property owners not present,one point for ingress and egress which is Windsong Drive, adjacent to Windsong School and major concern is the offset of Desota to Windsong,and pipeline valve station which aligns up with Desota,church traffic is not an issue,any business would want to use Windsong,any business operating 5 days a week,traffic safety hazards,seems the School does not know about this proposed rezoning,traffic issues with Church of Christ Day Care and with Windsong School, asked that the request be denied until plans are submitted. James Carter,#1 Windsong Lane,stated he lives right next to the property,is concerned about resale value of his home if this property is rezoned, trash from a commercial establishment, traffic increase, drainage concerns, road is closed to commercial vehicles because of 1 '/lanes, concerned with strangers frequenting commercial establishments, and stated he is opposed to the rezoning. 1 I 12/06/04 2253 l Victoria Herman,#31 Windsong,stated her concerns are traffic, additional traffic, 1'/lanes with no sidewalks, safety concern with students riding.bikes to school, church has been no problem, concerned if business goes in they may not be as concerned with children in the area. Mary Kole, 1700 W. Parkwood, stated she is representing the Manning Partners and is opposed to the rezoning, is manager of a 68 acre site along FM 528 and is concerned with the character of whatever would be built there. Debbie Dickens, #40 Windsong, stated she is a realtor and properties will devalue if commercial is allowed, there are open fields, the view would change, please do not do this and please allow to keep the peaceful hometown atmosphere. I Hearing no further comments, the Joint Docketed Public Hearing was closed. COMMUNICATIONS FROM THE PUBLIC I Mehran, Jadidi, 101 S. Friendswood Drive, stated he is the owner of the Shell Station, cannot get anything added to building, attended several meetings, was told by several Councilmembers and also by the Mayor, they were going to work with him, this place has been there for a long time and has never looked better, has many people stop by and compliment how nice everything looks, seems like it has been denied, need your help, has three bays now,was trying to get a permit for bays fronting FM 2351,was told over and over again that they would see if they could help out, does not accept the decision, does not want to give up, ask to put back on the agenda,thinks would look better if he could get some of cars off of lot and put into building,there is no way he can put bays into back of the building it will not work, if needed to come back to meeting will come, please respond in writing, has been waiting for 12 months,did not receive a phone call or a letter and is asking Council to re-look at this again. CITY MANAGER'S REPORT City Manager Ron Cox stated he had no report. ' ACTION ITEMS "Councilmember Goza moved to approve the appointment of Mark Van Riper to fill a vacancy for an unexpired term on the Planning and Zoning Commission to expire July 2007. Seconded by Councilmember Kimmel. The motion was approved 6-0. '"Councilmember Smith moved to approve action regarding authorizing the Mayor to sign an amended Agreement of Employment with the City Manager and amend motion adding wording that City Manager must have ten years of tenure to receive incentive performance payments and also that this agreement may be amended periodically. Seconded by Councilmember Measeles. The motion was approved, 5 to 1, with Councilmember Kimmel opposed and Mayor Brizendine absent. City Manager Ron Cox thanked Council for the kind gesture, did not request this and thanked them for the recognition of time and work done for the City. 12/06/04 2254 ORDINANCES **Councilmember Smith moved to table the Second and Final reading of Ordinance No. T2004-19, 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 a certain 240.19 acre tract of land from Single-Family Residential (SFR) to Multi-Family Residential-Garden Home District(MFR-GHD), such tract ' being known as tracts 2, 4 and 6 out of the John Dickinson League Abstract 9, in the City of Friendswood, Galveston County,Texas, by changing the Zoning Classification of a certain 74 acre tract of Land from Single- Family Residential(SFR)to Community Shopping Center(CSC),such tract being known as tracts 3 and 7 out of the John Dickinson League Abstract 9, in the City of Friendswood, Galveston County, Texas, all of which are 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. (Previously tabled 10/18104) Seconded by Councilmember Goza. The motion was approved 6-0. **Councilmember Smith moved to table the Second and Final reading of Ordinance No. T2004-20, 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 changing the Zoning Classification of certain 404.5 acre tract of land from Single-Family Residential(SFR)to Planned Unit Development(PUD)-Cluster Homes,such tract being known as tracts 1 and 5 out of the John Dickinson League Abstract 9, in the City of Friendswood, Galveston County, Texas, by changing the Zoning Classification of a certain 240.19 acre tract of land from Multi-Family Residential-Garden Home District(MFR-GHD)to Planned Unit Development(PUD)-Cluster Homes such tract being known as tracts 2, 4 and 6 out of the John Dickinson League Abstract 9 in the City of Friendswood, Galveston County, Texas, by changing the zoning classification of a certain 47.35 acre tract of land from Single-Family Residential(SFR)to Planned Unit Development(PUD)-Cluster Homes,such tract being known as tract 8 out of the John Dickinson League Abstract 15 and the Sarah McKissick Survey,Abstract 549,in the City of Friendswood, Harris County, Texas, all of which are 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. (Previously tabled 10/18104) Seconded by Councilmember Measeles. The motion was approved 6-0. ' **Councilmember Measeles moved to approve the Second and Final reading of Ordinance No.T2004-21,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 adding to said Permitted Use Table a new use Category 53113, entitled "lessors of miniwarehouses and self-storage units," may be allowed in the Planned Unit Development("PUD") District pursuant to a Specific Use Permit,use shall be allowed in the Light Industrial("LI"), Industrial("I"), Community Shopping Center("CSC"),the Neighborhood Commercial("NC"), Business Park("BP"),Original Business District("OBD"), and the PUD-Mixed Use Districts; 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 Smith. The motion was approved 6-0. **Councilmember Smith moved to approve the First reading of Ordinance No. T2005-01, An Ordinance amending the Code of Ordinances of the City of Friendswood,Texas by adding a newArticle V to Chapter78, Utilities,thereof establishing definitions, requirements for illicit discharges and connections to the City's storm water drainage system, regulations regarding erosion and sediment control during land-disturbing activities, 12/06/04 2255 and provisions for managing and regulating post-construction storm water runoff;providing;forehforcement of violations of any of the foregoing; providing a penalty in an amount not to exceed$2,000:00'fdre&Pviolation hereof; and providing for severability. ' �- Seconded by Councilmember Goza.The motion was approved 6-0. .,�.1. "Councilmember Measeles moved to approve the First reading of Ordinance No. T2005 02 An Ordinance amending the Code of Ordinances of the City of Friendswood, Texas by deleting the definition of noncommercial or nonprofit purpose or cause contained in Section 18-76 thereof,by.-Adding:a definition of religious, civic, or charitable solicitations to Section 18-76 thereof; by deleting the''2zeCq tion for minors conducting fundraising activities from Section 18-77 (c) thereof; by amending Section 18-77 (d) thereof to exempt persons conducting religious, civic, or charitable solicitations; providing a penalty of an amount not to exceed $2,000 for each violation of any provision hereof; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; and providing for severability. Seconded by Councilmember Smith. The motion was approved 6-0. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Measeles reported he will attend the Heritage Gardeners Brown Museum tomorrow at 7:00 PM for the Christmas Tree Lighting ceremony. Councilmember Smith reported he will attend the Community Prayer Breakfast this Saturday at Friends Church and reminded everyone to drive safe and enjoy the holiday. . Councilmember Goza reported that he hoped everyone enjoyed the first 8:30 AM worksession this morning. Councilmember Ewing reported that along with Councilmember Measeles and Community Services Director Jon Branson she attended the tree lighting services here at City Hall held by Hospice,attended the Community Appearance Board Meeting and a Tourism meeting. Councilmember Kimmel stated he had no report. ' Mayor Pro-Tem Ericsson reported the 8:30 AM meeting may draw out the time for a worksession a little longer than need be, the City held the Holiday Employee Christmas Party last Friday at the Event Center and there was a great turnout,there will be no Council meeting the rest of the month, and the next Council Meeting will be on January 3, 2005. CONSENT AGENDA **Councilmember Smith moved to approve the Consent Agenda as presented. A. Authorize granting an easement to Texas New-Mexico Power Company for use with their Distribution Line Project. B.Authorize the Mayor to execute an amended Developer Participation Agreement with Brighton Homes for Lakes of Falcon Ridge Subdivision/Centennial Park border fence. C.Authorize the Mayor to accept and sign the Child Abuse Investigator Grant. D. Authorize the reimbursement to the City of Lewisville for the City of Friendswood's share of costs associated with rate cases through PUC Dockets 27167, 26942 and 25885 as recommended by the Gulf Coast Coalition of Cities. E.Authorize acceptance of drainage easement from Kurt Langlinais for the Annalea/Kingspark/Whitehall Drainage Project. F. Report of Capital Projects. G.Approval of October, 2004 Property Tax Report. H. Approve Minutes of November 1, 2004 and November 15, 2004 Regular Meetings. Seconded by Councilmember Kimmel. The motion was approved 6-0. A motion was made and approved to adjourn at 8:23 PM. 12/06/04 2256 of fRle Ab $0 * Mayor Kimball W. Brizendine Attest: qr� OF D loris McKenzie, TRMC City Secretary