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HomeMy WebLinkAboutCC Minutes 2004-12-06 Regular 12/06/04 2248 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( DECEMBER 6, 2004 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, DECEMBER 6,2004AT 8:30 AM 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 COUNCILMEMBER MEL MEASELES CITY ATTORNEY LOREN SMITH CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE Mayor Brizendine called the meeting to order. 8:30 AM—WORK SESSION Discussion was held with the Planning and Zoning Commission regarding Cluster Homes. Planning and Zoning Commission Chair Kevin Holland, Bob Bertrand, Jim Gibson and David Brakebill attended and participated in the Workshop. Planner Diana Steelquist provided a PowerPoint presentation with an overview of the proposed amendments,presented information regarding what is new, look at the big picture,regulation matrix, density, green space and open space and regulating open space. The Planning and Zoning Commissioners and Council discussed several options regarding the proposal, discussed open space and green space variations, definitions, discussed density, would change relative to open space provided, discussed preserving heritage trees, proposed West Properties, development will fit with this model. Mayor Brizendine thanked the Planning and Zoning Commission and Staff for a great job and the many efforts to bring this proposal forward and stated this ordinance is ready to move forward. Discussion was held with the Planning and Zoning Commission regarding amendments to the Sign Ordinance. Planner Diana Steelquist provided a PowerPoint presentation with an overview of proposed amendments, presented information regarding what has changed, changeable copy signs (automatic), other changes requiring sign permits must be signed and notarized, removed section on Fire/Safety Hazards covered b� other ordinances, "Prohibited Signs" section simplified, consolidated regulations on all temporary signs, temporary signs require permits,revised regulations on political signs on public property,new section on street banners providing for Staff approval only, simplified Permanent Non-Commercial Signs section, requires Master Sign Plan if more than two business utilize a common building,off-premise signs allowed if properties are contiguous and clarified language under Non-Conforming Signs section,new fee schedule and requesting changes to Appendix D — Fee Schedule for sign permits. The Planning and Zoning Commissioners and Mayor and Council discussed numerous issues regarding requiring sign permits to be notarized,asked Staff to look at this requirement only in certain instances,stated signs are not allowed in the public right-of-way in the current ordinance and there are no proposed changes for this requirement, questions were asked regarding requiring garage sale permits,signage and the length of garage sales requirements should be looked at. The 12/06/04 2249 Mayor feels the City should be more restrictive, not less restrictive regarding signage allowed in the City and asked if there were concerns from the Planning and Zoning Commission regarding electronic signs. One member stated his concerns regarding signage frequency has been answered in the requirements proposed, one member stated he could see the benefits and it could be done tastefully,one member commented safety was considered and is a part of the proposal, a question was asked if TxDOT has regulations with Planning and Zoning Commissioners stating that they only have regulations regarding right-of-ways. The Mayor addressed his concerns regarding redundancy in having numerous signs and is a big concern on his part, stated he likes all of the recommendations except for the electronics signage. The Mayor asked about the requirement regarding pole signs being eliminated and the requirements to allow replacement. Council discussed garage sale signs and requirements that will require owners to pick up, which will help Code Enforcement, possibly think outside the box to work with Homeowner's Associations on expanding neighborhood garage sales,concern regarding time frame of changes on electronic signs,ask that proposed changes be reviewed by TxDOT for consistency, commented not wanting requirements more burdensome to the businesses, was forwarded to the Economic Development Committee and will review with that group. Council asked Staff and the Planning and Zoning Commission to look at the garage sale signs and the electronic signage such as color and scrolling and bring back for an additional workshop. A ten minute recess was held at this time. Discussion was held regarding Tax Increment Reinvestment Zone (TIRZ)/Municipal Utility District (MUD) Special Financing Districts. City Manager Ron Cox presented a PowerPoint presentation, reviewed prior discussions regarding TIRZ and MUD's and the West Ranch Development,comments that Council made that a TIRZ is preferred, MUD as a last resort,explained the rationale for Staff proposal which is provides land for Friendswood Independent School District, projects are limited to those of community-wide benefit,consistent with Council desire for a preferred TIRZ, duration of TIRZ is limited with 20 years maximum and meets other Council criteria such as the project is consistent with Vision 2020,master planning is predictable and zoning is set in advance, assists in implementation of Capital Improvement Program, provides opportunity for influencing commercial development, provides for open space, provides for lower density than allowed. Council decision points are is this consistent with Council desires, is this a base for negotiation with Friendswood Development Company,if yes,then authorize Staff to begin negotiations for final agreementwith Friendswood Development Company. Mr. Cox reviewed the consultants being used such as Sue Darcy with Knudson and Associates, Jeanne McDonald,an attorney who has helped the City with the legal aspect, and Frank Ildebrando, the City's Financial Consultant with Dain-Rauscher. City Manger Ron Cox reviewed the ' Friendswood Development Company's MUD proposal of$10.891 million and the Friendswood Development Company's TIRZ proposal of$18.750 million,and presented the Staff TIRZ proposal totaling$9.743 million, which are estimated figures. Councilmember Measeles asked about community benefits and asked about cost for engineering and contingencies,were they carried over to Staff proposal of$9.743 with City Manager advising no, this was not carried forward, asked how does this reflect 80/20 build out, with City Manager stating this does not meet the 80/20 goal and may be something needed to work on. Councilmember Measeles stated yes,contingent with getting closer to 80/20. Councilmember Kimmel asked does this apply to streets,will Drainage District participate, City Manager advised that the Drainage District does not have a policy on this but if their drainage, the Drainage District may want to look at a policy. Asked for clarification from the Mayor as to the consensus from Council. The Mayor stated he had asked Staff to develop a plan that the City would use for negotiations and to develop a basis to work from, must feel confident that this is best for the community. The City Manager explained that the Friendswood Development Company's TIRZ was up to 10 years but the MUD was a 20-30 year. Councilmember Kimmel stated he would support a 20 year TIRZ. Councilmember Smith asked about contingencies where do they go,the City Manager advised if they are not used,they are not used,only issued debt on value on the ground, not real supportive of spending dollars on natural areas,appreciating everything that is there,there are other ways to look at funding such as charging back to the property such as the developer, builder, buyer, cost would not be substantial, viable i 12/06/04 2250 option to fund the MUD with these types of funds, pitching what is proposed by City Manager,just because we not do a MUD still has a project that is fundable and would support a TIRZ proposal. Councilmember Goza asked questions of Sue Darcy regarding the setup of TIRZ and MUD as to the Board setup and setup limitations, TIRZ will be using City tax dollars, thought Council had determined at the last meeting to go with MUD and TIRZ and pick and choose which projects would be financed by which type of financing, Brittany Bay is a State highway and a majority will be funded by the State,West Drive is private and does not support using TIRZ funds for this project when it should be developer cost,why do we want to give up general funds for a TIRZ when we can pass on cost with a MUD. Councilmember Ericsson stated Friendswood never had a MUD, is not anxious to have a MUD, hear arguments for a MUD and it is beginning to make sense, still does not want to have a MUD,some other areas made it without either,such as Autumn Creek,and thinks proposal is a well thought out proposal, needs to be discussed and refined. Councilmember Ewing stated she likes the format that Staff came up with, has concerns with MUD, establish precedence at this point,would like to see increase commercially, in favor of some kind of support of plan,would like to see Nature Park left as natural as possible with amenities to allow for enjoyment. Councilmember Smith stated he knows that it is 90/10 but if it would be an opportunity to increase commercial he would support. Councilmember Ericsson stated he understands that with the developer nudging up the commercial from 90/10 it makes it easier. Councilmember Kimmel stated he would like to ask Staff to remember that asking for Nature Park of 100 acres, 12 acres for Friendswood Independent School District and streets,would like to hear from Friendswood Development Company if granted a MUD would it go away in 7 years. Mayor Brizendine stated the beginning slide that stated that TIRZ is preferred with a MUD as a last resort, will not negotiate, Friendswood Independent School District needs, must take care of their needs,single most economic variable that City has, bring families, residential and commercial, reason preferential looked at TIRZ want to influence what comes into town, increase opportunity on FM 518 and Brittany Bay, made most sense at the time, wonder if would have Economic Development Committee support if did not negotiate stronger input regarding more commercial development, big question is do we belong in this negotiation position and the answer is yes withl the greater community would benefit from this proposed project and partnering with the developer,discussing a master plan, cannot acknowledge synergism with this partnership, would be foolish to not partner with Friendswood Development Company, apologized for the time that it has taken to get to this point, very, complex process,appreciate working with them,working to bring this to a closure,heard Council say want to drive commercial, nature area is negotiable, move forward with negotiations with Friendswood Development Company. ' Discussion regarding a Storm Water Fee Structure was not held. This item will be moved to a future work session. A motion was made and approved to adjourn at 10:59 AM. Gl/c Mayor Kimball W. Brizen e Attest: la&l 1/4 D oris McKenzie, R C City Secretary I� 12/06/04 2251 `off 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, John 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 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. 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 asset to 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-Tern 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 '/z lanes,concerned with strangers frequenting commercial establishments, and stated he is opposed to the rezoning. 12/06/04 2253 Victoria Herman,#31 Windsong,stated her concerns are traffic,additional traffic, 1'/z 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. Hearing no further comments, the Joint Docketed Public Hearing was closed. COMMUNICATIONS FROM THE PUBLIC 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 pui 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 Employmentwith 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 19t"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 10/18/04) 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 19t'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 10/18/04) 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 new Article V to Chapter 78, 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, 1 12/06/04 2255 and provisions for managing and regulating post-construction storm water runoff;provicfl6j o ;hforcementof violations of any of the foregoing;providing a penalty in an amount not to exceed$2,000.00 foteachNiolation hereof; and providing for severability. Seconded by Councilmember Goza. The motion was approved 6-0. *'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.'ezeniption 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 PLC 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 at oo G * Mayor Kimball W. Brizendine Attest: 1� OF D loris McKenzie, TRMC City Secretary 1