League City Area News: City Council

City Council Completes Permit Approval Process

Special Use Permit Approval Finalized by 6 to 1 Vote

August 6, 2005

The City Council voted 6-1 to approve the second reading of an ordinance which granted a Special Use Permit (SUP) for High School #4 on Palomino Road (Lane) with the five conditions added at last Tuesday night's council meeting on at a Special Council meeting on Thursday, August 4, 2005.

Councilmen Mike Barber, Katie Benoit, Thomas Cones, Jim Nelson, Tad Nelson and Rusty Tidwell voted to approve the Special Use Permit for High School #4 on Palomino Lane. Councilman Jon Keeney voted against the Special Use Permit.

More specifically, the city council considered and voted on an ordinance granting a Special Use Permit for Clear Creek Independent School District’s High School #4 on Palomino Road (Lane) in Single Family Residential (RSF) zoning under a court order by Judge Susan Criss of the 212th District Court in Galveston.

The five stipulations or conditions include

• perform an internal site analysis of traffic,

• perform an external site analysis of traffic,

• provide directional outdoor lighting,

• establish hours of outdoor, non-security lighting that are in compliance with city ordinances and regulations and

• establish a 50 buffer zone between the project and property on the western site boundary.

The western site boundary abuts an affluent subdivision named Creekside Estates.

Council members discussed the Special Use Permit at length before taking the final vote.

"During the consideration of the Special Use Permit, concerns were raised about the safety of a large student complex having limited ingress and egress and the safety impact of having a large increase in the number of young drivers added to an already congested area of FM 518," said Keeney, who cast the only vote against issuance of the Special Use Permit on second reading.

"The City Council voted to have (conduct) a draft study to determine that impact," continued Keeney.

An earlier traffic study entitled "Houston-Galveston Area Council _H-GAC) FM 518 Corridor Access Management Plan" (2004) previously examined traffic on 518 and made recommendations on how to improve the flow of traffic on FM 518 in League City, Kemah, Friendswood and Pearland.

"When a judge tells you ignore the authority and responsibility granted by the state of Texas legislature to protect the rights and safety, health, morals and general welfare of the citizens what do you do? ... If this city can not enforce its ordinances without the threat of going to jail, where will this stop?" Keeney exclaimed.

In reply, Special Use Permit proponent Cones said that in the fiscal year 2003-2004, Mr. Chuck Harrington,a former city administrator, added 800 feet of new roadway to High School #4 on Palomino Road ($2.3 Million) to the CIP (Capital Improvement plan).

Cones added that improvements on Palomino Road remained in the CIP for about a year until they were removed in 2004 by council members.

"By going with the Interlocal agreement, the first Interlocal agreement, without a bridge ... we would not be sitting here tonight," said Cones.

"So, I feel this is a waste of our time," Cones continued.

"And certainly a waste of taxpayer money ... It will cost us thousands of dollars to fight," Cones added.

"... Let's look at the situation that we have with the school district and try to make (turn) friendship into partnership," Cones concluded.

Benoit said that the "Report on the Clear Creek Independent School District" from the Texas Performance Review ( May, 2003 - Carole Keeton Strayhorn, former Texas Comptroller) showed that CCISD was lacking in long-term planning.

Jim Nelson reminded everyone that CCISD had invited members of the city council to a demographics workshop at CCISD in the fall of 2004. Demographics is the study of population, especially with respect to changes in size over time.

Nelson also stated that not all of the councillors attended this workshop.

The projected yearly increases in student population for each school in CCISD through the year 2020 were presented at this workshop.

Rusty Tidwell said that that tax dollar losses due to MUDs (Municipal Utility Districts) need to be brought under control.

Tidwell added that MUD's take millions of dollars off the tax rolls. Tidwell pointed out that the approval of a recent MUD with 1300 to 1500 houses will require a new elementary school.

Tidwell suggested that some of the tax dollars lost to MUDs might be recouped by imposing impact fees to set aside money for new schools and other purposes.

In Review

• CCISD submitted an application for a Special Use Permit for High School #4 on Palomino Road on May 13, 2005.

• On July 12, the city council voted to delay considering the Special Use Permit for 60 days so that area traffic could be further analyzed.

• An earlier traffic study entitled the "Houston-Galveston Area Council _H-GAC) FM 518 Corridor Access Management Plan" (2004) previously examined traffic on 518 and made recommendations on how to improve the flow of traffic on FM 518 in League City, Kemah, Friendswood and Pearland.

• After the city council again refused to take an "up or down" vote on the Special Use Permit at a regular city council meeting on Tuesday, July 26, the school district filed a petition against the City of League City on Thursday, July 28, in the 212th District Court in Galveston.

• In this petition, the Clear Creek Independent School District applied for a temporary restraining order, a temporary injunction, and a permanent injunction to require (enjoin) City to stop "delaying, denying, or refusing to issue the special use permit, and order the City administrator (Mike Clawson) to allow CCISD to immediately apply for a building permit, and to issue a building permit upon CCISD's compliance with applicable building codes" so that High School No. 4 can be opened in time for the 2007-2008 school year to alleviate significant overcrowding.

• On July 28th, Judge Susan Criss granted the temporary restraining order to CCISD which required the city to issue a special use permit and to accept and process a building permit for the construction on Palomino Road of High School #4 "within five (5) days of the signing of this order."

• On July 28th, Judge Criss also set a hearing date on CCISD's application for a temporary injunction for Thursday, August 11 at 9 a.m.

• On August 2, the city council voted to approve the first reading of an ordinance granting the special use permit for High School No. 4 on Palomino Road.

• On August 2, Attorney Jim Blackburn filed a Plea in Intervention for five families who are concerned about an increase in traffic, noise and light. Two of these families live in League City. The other three families live in Webster.

• On August 3, the City filed its response in the 212th District Court.

• On August 4, the city council voted to approve the second reading of an ordinance granting the special use permit for High School No. 4 on Palomino Road.

• On August 9, the next regular meeting of the city councilwill be held in City Council Chambers at 200 Walker Avenue. Before the city council meeting begins, the public may sign up to speak for up to five minutes.

• On August 11, CCISD vs The City of League City, City Administrator Mike Clawson et al., Case 05CV0987, will be heard before Judge Susan Criss of the 212th District Court on Thursday, August 11, 2005 at 9 a.m. at 722 Moody, 5th Floor, Galveston. This case pertains to a Special Use Permit for High School #4 on Palomino Lane.