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Home My WebLink AboutCC Minutes 2005-03-21 Regular 03/21/05 2290 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( MARCH 21, 2005 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, MARCH 21, 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 KIMBALL BRIZENDINE MAYOR PRO-TEM JERRY ERICSSON (arrived at 5:08 pm) COUNCILMEMBER LAURA EWING COUNCILMEMBER TRACY GOZA COUNCILMEMBER DAVID SMITH COUNCILMEMBER MEL MEASELES CITY ATTORNEY JOHN OLSON (left at 6:45 pm) CITY ATTORNEY LOREN SMITH CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE Councilmember Shannon Kimmel was absent from the meeting. Mayor Brizendine called the meeting to order. 5:00 PM—WORK SESSION Discussion was held regarding the Code of Ethics.City Attorney John Olson presented an overview of the Code of Ethics Ordinance and definitions,stated as written,feels unconstitutional,discussed application to officer of the City, discussed violation of Ethics policy and penalty and process of determination of violation,discussed verbiage ramification of censure means public scolding, City Attorney does not favor criminal penalty or removal,discussed having stair step approach,investigation of proposed violation by CityAttorney,based on the findings,could advise violator in writing or give verbal reprimand then second offense could be a public censure, third time, based upon substance of violation of action taken could be a stronger reprimand,discussed having City Attorney rewrite Code and having a committee help re-write the verbiage, suggested having Charter Review Committee review what City Attorney prepares,just keeping it very simple, including in the adopting document to have verbiage expressing intention of Council, application of the Code of Ethics ordinance and application to City employees and appointed officials, appointed officials not using titles, termination clause subject to removal at Council's discretion for appointed officials and City Manager authority for City employees. Discussion was held regarding the sign ordinance. Dan Johnson, Deputy Director Community Development Department, reviewed background of the sign ordinance review, presentations, reviewed several proposed changes, energized changeable copy signs, discussed underground wiring and associated costs, reviewed Section 12 allowing changeable copy signs in residential districts which would be a smaller sign than the energized changeable copy sign,could write language to allow Church/Schoolsto have largersigns as allowed in non-residential areas,time limit for changeable copy signs, ordinance ensures that electronic signs do not blink or flash,Council concurred not time on the signs,temporary signs,discussed sign permit requirementfor sale signs for sale of acreage drawn to a standard scale, permit is required in existing ordinance,change is to require drawn to a standard scale,cost associated in complying with this proposal,Staffstated this requirement will provide documentation regarding the signs being placed in the City, 03/21/05 2291 windstorm requirements and application, property owner or agent and sign company signature for sign placement permit, sign requirement for multi-family would allow two temporary For Rent signs, Council concurred to drop this requirement,discussed temporary subdivision signs for sale of acreage seems restrictive, Council feels number of signs should be relative to size of property and entrances into the subdivision, each section is considered separately, adding Street Banner Signs to the sign ordinance for continuity with Council concurring, temporary political signs limiting number of signs at polling places, total square feet of signage would not exceed 36 square feet total which is the same as allowed on residential property,Council concurred do away with restrictions, bring changes back to Council for consideration with City Attorney John Olson having some concerns he would like to meet with Planning and Zoning Commission„ Staff recommended making changes to sign ordinance later in this meeting and direct Staff to go back to Planning and Zoning for further discussion. 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. COMMUNICATIONS FROM THE PUBLIC Keith Meyers with Friendswood Baseball League field time at Renwick Park did not appear. CITY MANAGER'S REPORT The annual Spring Sparkle Community Clean-up Day,sponsored by the Friendswood CommunityAppearance Board, will be held Saturday, April 16, 2005, from 9:00 AM -3:00 PM at Centennial Park. This great event provides an opportunity for residents to discard large items,such as furniture, metal scraps and green waste. This year, thanks to a grant from the Houston-Galveston Area Council and the Texas Commission on Environmental Quality,citizens will also be able to properly dispose of household hazardous wastes like leftover paint, pesticides and cleaners. Residents can also drop off rechargeable household batteries and old cell phones to be recycled.The event emphasizes recycling, reuse, and proper disposal. A garage sale area will offer residents a chance to take home any reusable household items for a nominal fee, including quality bulk paint. Through a partnership with the City of League City, this year's Spring Sparkle will be open to both Friendswood and League City residents. ORDINANCES ** Councilmember Goza moved to approve and amend the First Reading of Ordinance No. T2005-08, an Ordinance of the City of Friendswood amending the City's zoning ordinance with regard to regulation of signs within the City, providing for a penalty, and providing for severability. An Ordinance of the City of Friendswood amending Appendix A of the Code of Ordinances of the City of Friendswood, Texas, same being the zoning ordinance with regard to regulation of signs as a part of Ordinance No.84-15,as amended,Appendix A being created by Ordinance No. 91-15, as amended, by deleting from Section 1 thereof the definitions of business park,energized sign,and reader panel,and by adding to Section 1 thereof definitions of animated sign,awning, banner sign, changeable copy sign, civic sign, commercial message, flashing sign, master sign plan, noncommercial message,nonconforming sign,obsolete sign,off-premises sign,on-premises sign,and street banner; by amending Section 2 thereof to require the submission of a sign plan drawn to a standard architectural or engineering scale,to require sign permit applications to be signed bythe property owner and the sign installer,to delete certain permit exemptions,and to exempt from permit requirements the changing ofthe message of a changeable copy sign; by deleting therefrom Section 7 regarding fire/safety hazards in its entirety; by amending Section 8 thereof to prohibit the alteration of traffic signs; by amending Section 9 thereof to prohibit obsolete signs, animated signs, flashing signs, and ground signs that are not monument signs; by 03/21/05 2292 amending Section 10 thereof to allow Community Development to designate a place to hold impounded signs under this ordinance; by amending Section 12 thereof to delete the prohibitions against energized signs and to institute regulations concerning changeable copy signs; by amending Section 13 thereof to require all wiring to monument signs to be installed underground; by amending Section 15 thereof to regulate the location, permitting and size of temporary signs, temporary real estate subdivision signs, temporary direction signs, temporary political signs,garage sale signs,open house signs,and temporary street banner signs; by deleting therefrom Sections 16, 17, 18, 19, and 20 in their entirety; by amending Section 21 thereof to change the allowed size of permanent signs in residential districts; by amending Section 22 thereof to require a master sign plan for all wall signs and ground signs in nonresidential districts,and to allow off-premises signs and directional signs in nonresidential districts if the permit application is signed by both property owners;by amending Section 25 thereof to use the definition of obsolete signs and to delete the requirement of removing an abandoned sign prior to approval of a new sign permit on the same property; by amending Section 26 thereof to require the removal of nonconforming signs associated with nonresidential properties which have been vacated for 90 days or more; by amending Section 27 thereof to except from regulation hereunder all signs containing a noncommercial message; providing a penalty in an amount not to exceed$2,000.00 for each violation hereof; repealing all ordinances,or parts of ordinances,in conflict herewith to the extent of such conflict;and providing for severability. The amendments are: Section 1-Delete sentence making political signstemporarysigns from the definition of temporary signs. Section 1- Delete definitions of"Matrix," "Major Thoroughfare," and "Major Intersection". Section 2.a (1)(g)—Add "or his agent"after"property owner". Section 6.a—Add"including, but not limited to all structural, electrical, and" before "windstorm requirements." Section 8.c—Changed to read "Attaching, placing,affixing,or leaning any material onto, painting over,changing the wording of,or covering a traffic sign (regulatory or informational)shall be prohibited." Section 12.b—Change title to read"Nonresidential districts and churches and schools in residential districts." Section 12.c(2)—Delete and renumber(3)and(4). Section 15.2.a (1)—Add "at each entrance" at end of sentence. Section 15.2.a (2)—Make "entrance" plural. Section 15.2.d (5) — Add "Not" before "Required." Section 15.4.b — Delete (1) (2) and (3) and renumber. Section 26.b—Change second sentence to read"In the event that a lawfully existing nonconforming sign or sign structure is damaged or destroyed in an amount equal to or greater than fifty-percent(50%)of its value,the sign shall be removed, made to conform, or replaced with a conforming sign." Seconded by Councilmember Mel Measeles. The motion was approved 6-0. **Councilmember Smith moved to approve the First Reading of Ordinance No. T2005-13, an Ordinance repealing the Code of Ethics Ordinance 2004-18 and readopting the provisions of Ordinance 98-35) an Ordinance of the City of Friendswood, Texas repealing Ordinance No.2004-18 passed and approved on the 18th day of October,2004,same being the Code of Ethics of the City of Friendswood; readopting the provisions of Ordinance No. 98-35 passed and approved the 2�d day of November, 1998, same being an ordinance amending Ordinance No. 91-21, in their entirety; repealing all ordinances or parts of ordinances in conflict herewith; and providing for severability. Seconded by Mayor Pro-Tem Jerry Ericsson. The motion was approved 6-0 COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Ewing reported she attended the Fourth of July Committee Meeting with exciting events being planned. The Committee suggested Council ride on a float, Library working on long range goals,April 12 will have a classical guitarist, Clear Creek Watershed Meeting, Senior Spaghetti Luncheon fundraiser and congratulated Christal Kliewer, Administrative Assistant to City Manager, and Jon Branson, Director of Community Services, for work on Spring Sparkle, Boundless Playground, $2500 raised from Westwood Elementary,other schools working on raising funds,Methodist Church Fun Run,announced plans for Relayfor Life for American Cancer Society and encouraged everyone to participate. Mayor thanked Mayor Pro-Tem Ericsson for filling in for him while he was out ill. 03/21/05 2293 Councilmember Ericsson reported H-GAC, regional water facilities committee being formed, talked about some of the House Bills being considered, one being an ethics bill, should watch closely HB 914. Councilmember Goza stated he would like to welcome back Mayor and glad he is well and Councilmember Smith as well. Councilmember Smith reported he had the same sentiments as well for the Mayor, congratulations to Friendswood girl's softball, and announced Friendswood Rotary fundraising event coming up to help locally and around the worid. Councilmember Measeles reported he has attended Galveston County Consolidated Drainage District meetings for some time, they are encouraging regional detention to the developers, and are opposed to frog ponds, attended the Galveston County Mayor&Council Meeting with Cheryl Johnson, Galveston County Tax- Assessor Collector, as speaker, spoke on Appraisal Tax Cap and Mayor Bill King spoke on the Hurricane Evacuation route, had a presentation that showed an aerial view of the Clear Lake area and imposed a water surge and the impact that would be felt across Galveston County, reminded Council of the TML Region 14 Meeting on March 31 in Houston and urged them to attend. Mayor reported he had been sicker than a dog and is gearing back up, had a number of people call and send letters and cards and much appreciated prayers and concerns, recognized Academic Decathlon team winning 13 in a row, acknowledged this Council for their work on some complicated issues for the betterment of this community, there are some exceptional Councilmembers, should never lose sight of these people's service. CONSENT AGENDA *"Councilmember Measeles moved to approve the Consent Agenda as presented. A.Authorize the Mayor to execute amendments to the engineering contract with SCL Engineering for the Sunmeadow Lift Station and Force Main projects. B. Authorize Resolution No. R2005-16, A Resolution of the City Council of the City of Friendswood, Texas creating within the Municipal Court Department of the City a City Warrant Officer position to replace the existing Warrant Office position within the City's Police Department, establishing standards for qualification of City Warrant Officers, providing for supervision of the City Warrant Officer's authority, and providing for severability. C.Authorize amendments to the policy for sponsorship of Fourth of July Celebration. D. Report of Capital Projects. E. Approval of February, 2005 Property Tax Report. F. Approve Minutes of February 21 and March 7, 2005 Regular Meetings. Seconded by Councilmember David Smith. The motion was approved 6-0. A motion was made and approved to adjourn at 7:30 PM. �- � GL- ' Mayor Kimball W. Brizen � e Attes � � ��' �' � � ' � ) � FR�ENO a .:=:��,? O S`�Z D loris McKenzie, TR' C � '�' � O City Secretary v �� ,t �, � tf'�, Pc� `: �9TF �F '��