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HomeMy WebLinkAboutCC Minutes 2005-01-03 Regular 01/03/05 2257 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( JANUARY 03, 2005 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY,JANUARY 03,2005 AT 4:00 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 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. 4:00 PM—WORK SESSION Discussion was held regarding the Storm Water ordinance fee structure. Public Works Director Mike Hodge gave an overview and presented a PowerPoint presentation, reviewed what the drainage needs are, reviewed new$30,000 Federal Monitoring Program, reviewed the 2003 Bonds for Capital Projects,current and proposed and reviewed future street drainage projects, reviewed funding options,reviewed Drainage Utility Fees assessed in the State, staff recommendation is to continue to fund current drainage functions from the General Fund which is$355,000 annually and develop the Enterprise Fund utilizing a Drainage Utility Fee to fund only Capital Projects with an estimated Drainage Utility Fee of$3.25 per month for residential customers and$12 per month for commercial customers. The Mayor,Council and Staff discussed the various proposals and the priority and impact of this project. Councilmember Goza asked for this type of information to be provided to Council priorto the Council meetings. Discussion was held on proposed amendments to the Sign ordinance. Deputy Director of Community Development Dan Johnson presented an overview of changes and the next steps to be taken,obtain Council consensus on revisions, Joint Public Hearing on January 17, 2005, Planning and Zoning Commission recommendation on January 20,first reading of the ordinance on February 7 and second reading on February 21,and make the City compliant with the sign ordinance. The Mayor,Council and Staffdiscussed the proposed changes,discussed the electronic changeable signs,discussed changing the times from 45 seconds to every 15 seconds, discussed two line limitations with majority of Council in consensus to leave as proposed at two lines,with Mayor Brizendine not in agreement with the electronic changeable signage,discussed portable and permanent signs,Council consensus is to make them consistent at 7 feet,fees for political signs is referenced in Section 15.4 A of the sign ordinance that no permits are required. 01/03/05 2258 Discussion was held regarding West Ranch Special Financing Districts. City Manager Ron Cox presented a PowerPoint presentation regarding the project financing with Tax Increment Reinvestment Zone(TIRZ)and/or Municipal Utility District (MUD), discussed community benefit, activities since December 6 meeting. Mayor Brizendine and the City Manager met with Friendswood Development Company immediately after December 6 meeting, Staff team met with Friendswood Development Company on December 9 and Friendswood Development Company presented a revised proposal December 14, Friendswood Development Company's proposal included creating a special management district in 2005 by special legislation in lieu of a MUD,create a TIRZ with approximately ten year limit depending on size and County participation, create a Neighborhood Empowerment Zone if needed for commercial projects with a ten year limit and provide for a ten acre site for Friendswood Independent School District campus at no cost to Friendswood Independent School District that includes all infrastructure and Friendswood Development Company estimates the value at$2 Million,with a total project of$16 Million which is all that Staff will recommend and justify. The Mayor, Council and Staff discussed proposals with Council stating they want to review proposed legislation prior to being filed, Special Management District can be as inclusive or exclusive as the legislation is written,Council consensus is to move forward with a Special Management District which is later on the agenda this evening. 6:00 PM—CLOSED EXECUTIVE SESSION Council did not convene into Executive Session in accordance with the Texas Government Code, pursuant to Section 551.074—Personnel Matters. 7:00 PM—REGULAR SESSION The Invocation was given by Pastor Dennis Owens from New Life Assembly of God 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 a proclamation to the team members and coaches of the Friendswood Rapids U- 11 Boys Soccer Team who won the South Texas Youth Soccer Association State Championship. Mayor Brizendine presented a proclamation to the team members and coaches of the Friendswood Flames U- 11 Girls Soccer Team who won the South Texas Youth Soccer Association State Championship. COMMUNICATIONS FROM THE PUBLIC No one spoke. CITY MANAGER'S REPORT City Manager Ron Cox stated every year the Clear Creek Environmental Foundation sponsors a cleanup of debris and waste in Clear Creek. Rex Ward, President of the Foundation,indicated that lastyear he had almost 800 volunteers to pick up tires, paper and anything else that could be picked up along the creek,including the area in Friendswood. The cleanup date this year is scheduled for February 26,2005. As in years past,the City of Friendswood will participate with a monetary contribution for the work provided in the amount of$500. We have also coordinated the use of dumpsters through our contractor and other areas of assistance. This is a very worthwhile volunteer endeavor in which we are glad to participate. 01/03/05 2259 ACTION ITEMS **Councilmember Ericsson moved to approve a Chapter 380 Economic Development Grantfor Project2004-1 at the former Crafts Etc. building for$30,000 for a 99 Cents Only Store. Seconded by Councilmember Smith. The motion was approved 6-0. **Councilmember Ericsson moved to approve a conceptual plan for a Special Management District for West Ranch. Seconded by Councilmember Measeles. The motion was approved 6-0. RESOLUTION **Councilmember Smith moved to approve Resolution No. R2005-03—A Resolution ofthe City of Friendswood, Texas, authorizing the submission of a joint application to the Texas Water Development Board for a Flood Protection Planning Grant for Cowards Creek Watershed;and authorizing the City Manager to sign all related documents, including any contracts resulting from the granting of the application. Seconded by Councilmember Measeles. The motion was approved 6-0. ORDINANCES **Councilmember Measeles moved to approve,with amendments,the Second and Final 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, and provisions for managing and regulating post-construction storm water runoff; providing for enforcement of violations of any of the foregoing; providing a penalty in an amount not to exceed $2,000.00 for each violation hereof; and providing for severability. Seconded by Councilmember Smith. **Councilmember Ericsson moved to amend the main motion to approve according to Staff's recommendation. Seconded by Councilmember Smith. The motion to amend the main motion was approved unanimously. **The main motion as amended,was approved unanimously. **Councilmember Smith moved to approve the Second and Final 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 exemption 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 Goza. The motion was approved 6-0. **Councilmember Goza moved to approve the First reading of Ordinance No. T2005-03, An Ordinance amending the Code of Ordinances of the City Of Friendswood, Texas by adopting the 2003 edition of the International8uilding Code, International Plumbing Code, International Mechanical Code, Fuel Gas Code, Energy Conservation Code,And International Property Maintenance Code,(the"International Codes'�all as published bythe International Code Council, Inc.; providing certain amendments and deletions to said International Codes; 01/03/05 2260 adding Section 14-31 to establish regulations governing construction sites within the city; amending the City's Electrical Code to add new definitions and application requirements for such newly defined categories of electricians, to defer to the licensing of electricians by the state,to allow a property owner to obtain an electrical permit for work done with his own hands on his own homestead,to reduce the length of time an electrical permit is valid from twelve (12)months to 180 days,to delete the provisions allowing temporary work,emergencywork and emergencywiring,to delete the requirement that the city perform electrical inspections within 48 hours of the notification to the city of the need for an electrical inspection, to delete the provision allowing electrical work not inspected within 48 hours of notification to the city of the need for an electrical inspection to be concealed,to delete the provisions related to a Certificate of Conformance and a temporary certification,to delete the provision requiring disconnection of electrical service each time a building changes occupants,to delete the provisions allowing partial inspections,to delete the provisions governing the unlawful supply of electric current and reestablishment of unlawful electric current connections,to delete the requirement and administration of electricians'examinations,to require that all electricians' licenses expire on December 31 of each year,to delete the requirement that an electrician must post a specified bond as a condition to the issuance of an electricians' license by the city, and to delete the provisions related to the suspension,revocation and surrender of an electricians'license issued by the city;by deleting provision adopting the Examination Plumbing Code and Study Guide as published bythe Texas Board of Plumbing Examiners;by deleting provision requiring fencing around residential swimming pools and require that such swimming pools comply with Appendix G of the 2003 International Residential Code for one-and-two family dwellings;by amending Appenda D to the Friendswood City Code,said appendix being the Schedule of Fees for the city to change the code references for fees charged for electricians'licenses consistent herewith;providing a penalty of an amount not to exceed$2,000 for each violation of any provision hereof;repealing all other ordinances or parts of ordinances inconsistent or in conflict herewith;and providing for severability. Seconded by Councilmember Ericsson. The motion was approved 6-0. **Councilmember Ericsson moved to approve the First reading of Ordinance No. T2005-04, An Ordinance amending the Code of Ordinances of City of Friendswood,Texas to adopt the 2003 edition of the International Fire Code,including appendices,as published by the International Code Council,Inc.;by amending Section 30- 61 of the Code of Ordinances to delete the reference to the 2000 edition of the International Fire Code and inserting a reference to the 2003 version thereof; by amending Section 30-61 of the Code Of Ordinances to remove the words"standard"and"prevention"in reference to the City's Fire Code;to adopt the 2003 edition of the Life Safety Code, including all appendices thereto; providing certain amendments to the code adopted hereby; repealing all ordinances or parts of ordinances in conflict herewith;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 6-0. **Councilmember Ewing moved to approve the First reading of Ordinance No. T2005-05, 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 granting a Specific Use Permit to authorize the use of property located at 626 S. Friendswood Dr. for a limousine service; 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 Ericsson. The motion was approved 6-0. **Councilmember Measeles moved to approve the First reading of Ordinance No. T2005-06,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 2.1556-acre tract of land from Single Family Residential (SFR), Specific Use Permit—Church (SUP-Church)to Neighborhood Commercial (NC), 01/03/05 2261 such tract being Reserve"B"of the Windsong Subdivision, Friendswood, Galveston County,Texas,within the 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 Goza. The motion was approved 6-0. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Ewing reported she attended the Senior Citizen's Luncheon which was a lot of fun and great entertainment. Councilmember Ericsson reported he attended the Houston—Galveston Area Council meeting. Councilmember Goza reported he attended no meetings and hoped everyone had a good Christmas and New Year. Councilmember Smith reported he attended the Planning and Zoning Commission meeting,congratulated and thanked them for all their hard work last year and is glad everyone is back safe and sound from their holiday travels. Councilmember Measeles stated he would like to wish everyone a happy new year and it looks like it will be a fantastic 2005 with a lot of exciting things on the agenda, January 12 is the Galveston County Mayor and Council meeting at the hotel at Moody Gardens on the 9th floor. Mayor Brizendine reported that Barbara Graham, a teacher at Friendswood Independent School District who retired at 51,whose family lives in Sunmeadow Subdivision,and is doing consulting work had a massive heart attack on Saturday and is in very serious condition and asked everyone to please keep her in your prayers. Mayor Brizendine stated he did a lot of reflecting over the holidays and it seems to him that people live a lot in their past and reflect on what they have and have not done, all that they have or have not said, and from his perspective is as proud of Friendswood's future and what lies before us right nowjust as he is the past. It is not always about having the abilities in house but many times comes down to making good decisions and thinks we have the right people at the right place making the right decisions and stated that gives him great hope for the future of Friendswood, has high expectations of everyone which they have, in the past year, met and in the future will meet those expectations. This last year was very productive and looks at laying out some ideas and plans for the City at the State of the City Address in February,thanked Council again for their past performance and willingness to step forward sacrificially from a personal and professional standpoint and offerthemselves to better this community. We are blessed and things look good. CONSENT AGENDA **Councilmember Smith moved to approve the Consent Agenda as presented. A.Award of Bid No.2004-13 and authorization for the Mayor to execute the contract with AAA Asphalt Paving for the 2004-05 Asphalt Street Project. B.Authorize the sale of City vehicles at Public Auction (EMS, Police Department and Animal Control). C. Approve Resolution R2005-01, A Resolution of the City Council of the City of Friendswood, Texas, authorizing the Friendswood Police Department to use unmarked vehicles in order to facilitate Police undercover work and other official duties of the Police Department. D. Authorize the Mayor to execute the Purchase Agreement with Motorola for the Communications System consoles designated for the new Public Safety Building and hand-held radios with 800-megahertz capabilities. E.Authorize the Mayor to accept and execute utility easements for the Sunmeadow Drainage Project and authorize payments for seven easements. F.Authorize the Mayor to execute an extension to the Realtor Agreement for the sale of three acres on FM 528 at the new Public Safety Building. G. Authorize the Mayor to execute an Interlocal Agreement for the 01/03/05 2262 provision of healthcare benefits with HGAC Region 1 Group. H. Report of Capital Projects. I. Approval of November, 2004 Property Tax Report. J. Approve Minutes of December 6, 2004 Special Meeting. Seconded by Councilmember Ericsson. The motion was approved 6-0. A motion was made and approved to adjourn at 7:46 PM. o� FR�Ery�s � � � v � yor Kimball W. Brizendi � * Attest: ���rF S��'P� , D oris cKenzie, TRMC City Secretary