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Home My WebLink AboutCC Minutes 2005-01-17 Regular 01/17/05 2263 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( JANUARY 17, 2005 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY,JANUARY 17,2005 AT 5:00 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 SHANNON KIMMEL COUNCILMEMBER MEL MEASELES CITY ATTORNEY JOHN OLSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE Mayor Brizendine called the meeting to order. 5:00 PM—WORK SESSION Governance discussion was held regarding Vision 2020. City Manager Ron Cox presented a PowerPoint review of Vision 2020, reviewed fifteen goals,identified target markets, reviewed development scenarios which will be discussed at the next Council Retreat and tasks for Council which includes adopting the fifteen goals. Discussion was held regarding the Citizen Survey results. Administrative Assistantto the City Manager,Christal Kliewer, presented a PowerPoint presentation and reviewed the survey results. The Mayor and Council had questions regarding the survey and the application of the findings,age of responders as a factor,Council would like to discuss the final document at a Workshop or discuss at a Retreat, is a very important deliberation and interpretation by Council,will discuss at the January 24 Retreat,this information can be very useful. Governance discussion was held regarding the Legislative Agenda. Administrative Assistant,Christal Kliewer, presented a PowerPoint presentation,guidance for Staff to work with during the Legislative Session,legislation dates for bills, filings and session period, legislative impact, legislative monitoring, supports Texas Municipal League process, legislative information, legislation list, unfunded mandates, municipal revenue, land use and development regulation, right-of-way management, open meetings and open records, elections, personnel, parks and recreation, public safety, collective bargaining, and annexation. The Mayor and Council held a question and answer session,tracks with Texas Municipal League and Houston-Galveston Area Council. 7:00 PM—REGULAR SESSION The Invocation was given by Pastor Ralph Hobratschk from Hope Lutheran Church. Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas. 01/17/05 2264 SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS Mayor Brizendine honored Friendswood citizen Wayne Robinson and presented him with a proclamation forthe Mayor's third Community Spirit Award. Mr. Robinson and 17 of his employees volunteered their time and talents and Mr. Robinson donated all materials used to rebuild the original Activity Center building for Hope Village. Mayor Brizendine commended Mr. Robinson on his volunteerism and for his community spirit. A proclamation was presented to Dr. David Hearn, retiring Medical Director for Friendswood Emergency Medical Services Division. City Manager Ron Cox recognized Karen Renfrow, Court Administrator, and Cindy Edge, Utility Billing/Accounting Supervisor, for achieving certifications in their respective fields. JOINT DOCKETED PUBLIC HEARING Mayor Brizendine and Chair of the Planning and Zoning Commission Kevin Holland called a Joint Docketed Public Hearing to order to receive comments from the public, either oral or written, regarding a request for a Zone Classification change request for 9.842 acres on FM 528 at Friendswood Lakes Subdivision from Single Family Residential (SFR)to Community Shopping Center(CSC). Mayor Brizendine and Chair of the Planning and Zoning Commission Kevin Holland called a Joint Docketed Public Hearing to order to receive comments from the public, either oral or written, regarding a request for a Zone Classification change request for 3.549 acres, on FM 528 at Friendswood Lakes Boulevard from Single Family Residential (SFR)to Community Shopping Center(CSC). Mayor Brizendine and Chair of the Planning and Zoning Commission Kevin Holland called a Joint Docketed Public Hearing to order to receive comments from the public, either oral or written, regarding a request for a Zone Classification change request for 2.784 acres on FM 528 at Friendswood Lakes Boulevard from Single Family Residential (SFR)to Community Shopping Center(CSC). Mitch Mitchell addressed the Commission and Council and stated he is the developer of the property, the acreage was part of a Master Plan at the inception of the project, Friendswood Lakes Drive is part of the City's Major Thoroughfare Plan, this location is destined to become a major commercial intersection, commercial development at this location is consistent and compatible with other commercial FM 528 developments, it meets the City's stated goals, it benefits every citizen of Friendswood, it especially benefits the Friendswood School District, it will benefit all the Friendswood Lakes residents and last but not least, it will send a clear message to potential businesses that the City is serious about helping them make their move to Friendswood, further stated it is the right thing to do to rezone to CSC. Richard Gierczic, 1621 Garden Lakes Drive, stated he lives within the 200 foot boundary of some of the area involved, read a prepared written statement, supports as it was originally and contractually approved by the Planning and Zoning Commission for a residential subdivision. The developer is requesting to change whatwas originally approved,cited a letter written regarding properties involved and questioned property 2.874 acres on Garden Lakes Drive, does not meet State requirements and hereby states his opposition, had presented pictures to members of the Planning and Zoning Commission,this would be an eyesore across the lake. Heath Taylor, 1915 Rolling Stone, stated he lives in Friendswood Lakes, is opposed to this zone change and wants to see this stopped, considers this as fraud,this developer is not who you think he is. 01/17/05 2265 Leslie Roque, 1916 Sandy Lakes Drive, stated residents have not been brought into the commercial development, the Homeowner's Association would like to have input, keep them involved,would appreciate helping them to be kept informed. Larry Buswa, 1900 Sandy Lakes Drive, stated he is concerned about retaining wall and green space. Gary Birsinger, 1606 Cascade Falls,stated he is not concerned about development on FM 528,is concerned with commercial development along Friendswood Drive, reminded them to be consistent and thoughtFul about commercial and also about proposed thoroughfare. R. Boveadur, 1918 Pampas Trail Drive,stated he was not getting a true picture from the map presented of the true subdivision,asked them to hold off until residents get what was promised when they bought their property. Edwin Fong, 1608 Cascade Falls, asked what kind of commercial would be established here,this is not what was promised by the developer. Greg Balson, 1922 Skip Rock,stated there are empty storefronts already along FM 528 and asked is thiswhat this is going to be in front of their subdivision. Tom Merkle, 1811 Sandy Lakes Drive, stated what is being proposed is not what was promised when they bought, is less beautiful with power lines. Theresa Huning,2000 Sandy Lakes Drive,stated she concerned with whatwill be builtthere,moved from Clear Lake to get away from that,would hate for this subdivision to turn into glass and steel two story building,hold off until a guarantee to maintain image, Friendswood is a little town that she wants to live in and raise children. Robin Welch, 1601 Stoney Lakes Drive, stated she moved here for home town feeling, feels it is being devalued, asked Council to please consider what this is doing to not only this community but also to this City. Thomas Easterly, 1705 Sandy Lakes Drive, asked who will derive benefits from going from Residential to Commercial, Homeowner's Association situation as far as voting powers is a problem, not sure what is allowed in Commercial, is a little leery as to what would be in the Permitted Use Table. Mayor Brizendine and Chair of the Planning and Zoning Commission Kevin Holland closed these Public Hearings. Mayor Brizendine and Chair of the Planning and Zoning Commission Kevin Holland called a Joint Docketed Public Hearing to order to receive comments from the public, either oral or written, regarding proposed amendments to the Zoning Ordinance, Planned Unit Development-Cluster Homes. City Planner Diana Steelquist provided a brief overview of the proposed changes. No one spoke for or against this request. Mayor Brizendine and Chair of the Planning and Zoning Commission Kevin Holland closed this Public Hearing. Mayor Brizendine and Chair of the Planning and Zoning Commission Kevin Holland called a Joint Docketed Public Hearing to order to receive comments from the public, either oral or written, regarding proposed amendments to the Sign Ordinance—Appendix A. City Planner Diana Steelquist provided an overview of the proposed changes. 01/17/05 2266 Ron Hindt, 3700 FM 528,with Calvary Chapel Church stated he is in agreement and acknowledged that Staff has worked hard on the sign ordinance,thanked the City for proposed changes. Mayor Brizendine and Chair of the Planning and Zoning Commission Kevin Holland closed this Public Hearing. COMMUNICATIONS FROM THE PUBLIC No one spoke. CITY MANAGER'S REPORT City Manager Ron Cox reminded everyone that Mayor Brizendine would be making his annual address on the State of the City of Friendswood at the Chamber of Commerce Luncheon on February 3,2005. The luncheon will be at the Friendswood Community Church on FM 528. Invitations are being sent,and the presentation will be supplemented with photos of the work in progress around the City. In addition,each department will have a displaytable to highlighttheirwork. We have asked the Friendswood Volunteer Fire Departmentto participate so they might have some of their equipment there. In conjunction with the 2005 Spring Sparkle, sponsored by the Community Appearance Board, Friendswood and League City are sponsoring a Household Hazardous Waste Collection Event. This event will provide Friendswood and League City residents an opportunity for the safe, proper disposal of HHW. This will be the first HHW event for both communities. Spring Sparkle activities,including the HHW collection,are planned for Saturday, April 16, 2005, at Centennial Park. We look forward to this event, and hope it is well used and beneficial to the public. The 2005 Solid Waste Management Implementation Grant Program administered by Houston -Galveston Area Council in the amount of$80,000, funds the event. ACTION ITEMS **Councilmember Goza moved to approve action regarding concurrence with the Mayor's appointment to fill vacancies on A. Community and Economic Development Committee with Dr. Rebecca Hillenburg for a term expiring July 2005 to fill the unexpired term of Jim Gerland,and Robert McAfoos for a term expiring July 2006 to fill the unexpired tem of Kevin Candee and B. Investment Committee with Jim Thomas for a term expiring November 2006. Seconded by Councilmember Ericsson. The motion was approved unanimously. RESOLUTION **Councilmember Measeles moved to approve Resolution No. R2005-02—A Resolution of the City Council of the City of Friendswood,Texas,establishing and adopting fifteen community goals for growth and development enumerated as part of Vision 2020. Seconded by Councilmember Ericsson. The motion was approved unanimously. **Councilmember Smith moved to approve Resolution R2005-05—A Resolution adopting a revised Design Criteria Manual containing Subdivision Improvement Standards for all development within the City of Friendswood,Texas, pursuant to authority contained in Appendix B,Subdivision Ordinance,of the Code of the City of Friendswood,Texas,and Chapter 212 of the Texas Local Government Code,and Resolution R2000-04; and Repealing Resolution No. R2003-10, passed and resolved on the 4th day of February, 2003. Seconded by Councilmember Ericsson. The motion was approved 6-1 with Councilmember Goza opposed. 01/17/05 2267 ORDINANCES **Councilmember Ewing moved to approve 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 Measeles. The motion was approved unanimously. **Councilmember Ericsson moved to approve the Second and Final 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,lnternational Plumbing Code,lnternational 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; 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 workdone with his own hands on his own homestead,to reduce the length of time an electrical permit is valid from twelve(12)monthsto 180 days, to delete the provisions allowing temporary work, emergency work and emergency wiring, 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 by the Texas Board of Plumbing Examiners; by deleting provision requiring fencing around residential swimming pools and require that such swimming pools complywith Appenda G of the 2003 International Residential Code for one-and-two family dwellings; by amending Appendix 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 Measeles. The motion was approved unanimously. **Councilmember Goza moved to approve the Second and Final 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 ofthe 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 Smith. The motion was approved unanimously. 01/17/05 2268 **Councilmember Smith moved to approve the Second and Final 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 Kimmel. The motion was approved unanimously. **Councilmember Kimmel moved to approve the Second and Final 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),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 unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Measeles reported he attended the Clear Creek Watershed Steering Committee meeting in January and the Galveston County Consolidated Drainage District meeting,looking atthe new Walgreens being built at the corner of FM 2351 and FM 518, last Wednesday attended the Galveston County Mayor and Council meeting with speaker Diana Puccetti with the Galveston Parks Board. Councilmember Kimmel stated he had nothing to report. Councilmember Smith stated he would like to say thanks to City Staff for providing the research on the Workshop items. Councilmember Goza reported he attended the annual Chamber Banquet,the highlight was watching the City Manager with the fiddle player. Councilmember Ericsson reported he attended the Chamber Banquet as well, also attended the Galveston County Mayor and Council meeting,will be attending the Houston-Galveston Area Council Board meeting,will be presenting a program with Councilmember Measeles to Clear Lake Area Council of Cities, Galveston County Mayor and Council and Harris County Mayor and Council will hold a joint meeting on April 26 and Friendswood is the host for the meeting and is the first time for this. Councilmember Ewing reported she also attended the Chamber of Commerce Banquet, recognized Councilmember Goza's award, attended the Galveston County Mayor and Council meeting, the Prayer Breakfast is in the morning at 6:00 AM, reported that Clear Lake Eco-Tourism has by-laws in place and Saturday is the Community Appearance Board's tree giveaway starting at 8:00 AM. Mayor Brizendine, reported he took a tour of Hope Village,attended the Galveston County Mayor and Council meeting last Wednesday,Mayor Pro-Tem Ericsson was honored as past President,Councilmember Measeles is serving as Secretary/Treasurer and encourages everyone to attend this meeting, relevance is important, attended the Chamber Banquet, recognized Councilmember Goza receiving the Businessman of the Year Award at the banquet,is a very big award for doing a lot in Friendswood, had meetings with Staff and Galveston County Consolidated Drainage District regarding drainage issues and spoke to the Republican Women in Friendswood last week. a��o� ��s� CQNSENTAGEN�A """"Cauncilmember Kimmel moved ta appro�e the Consent Agenda as presented with the exception of Item D- Autharize Change Drder Na. 1 to the Sunrr�eadow prainage Project in the amount of�42,44p.D4 for drainage maintenance. A.Award of Bid Na. 20�4- 14 and autharize the Mayor ta ex�cute the contractwith Wells Fargo for#he City's bepositary Services. B. Authorize the Mayor to execute an Interloca�Agre�ment with League Cify on Household Hazardaus Waste. C.Approve Resolution R2aU5-U4,A Resalution of t�e City Councii of the City of�rien�fswood,Texas. adoptir�g a Legislative Agenda for the 79'�`5ession of the Texas Legisiature. E. Repor�of Capifal Projec#s. F. App�o�al ❑f December, 20D4 Property Tax fteport. G. Appro�e Minutes af Decernber 6, 2Q�4 Regular Meeting. 5econded by Coun�ilmember Measeles. The motion was approved unanimously. Councilmember Smith maved to approve Item D — Authorize Change drefer IVo, 1 to the 5unmeadow C7rainage Project in the amount af�42,4DD.�4 far drainage maintenance. Seconded �y Councilmember Measeles. �he motian was appro�ed unanimausly. A moti�n was made and appro�ed to adjourn at 8:53 PM. o� FR�Ep�� _ ,. . � -- � ►, °o ��'C� � V d Mayor Kimball W, Brizendi e * * Attest `�r4TE a� t�+� I _ �' [-! ' � 4 7 ' r •��r _� .:'l•��.� 'I. i� �.f elaris McKenzie, TRMC �� City 5ecretary