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HomeMy WebLinkAboutCC Minutes 2007-02-05 Special 02/05/07 2621 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( FEBRUARY 05, 2007 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, FEBRUARY 05, 2007, AT 4:00 PM AND A REGULAR MEETING AT 7:00 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR DAVID SMITH MAYOR PRO-TEM CHRIS PEDEN COUNCILMEMBER LAURA EWING COUNCILMEMBER JOHN LECOUR COUNCILMEMBER JIM HILL COUNCILMEMBER JAY HORECKY COUNCILMEMBER MEL MEASELES CITY ATTORNEY JOHN OLSON CITY MANAGER BO MCDANIEL CITY SECRETARY DELORIS MCKENZIE Mayor Smith called the meeting to order. 4:00 PM—SPECIAL SESSION Discussion was held between Council and the Harris-Galveston Subsidence District(HGSD). A long-term member of the district, Paul Maaz, thanked Mayor Smith and Council for allowing the HGSD to be there and introduced District Manager Ron Neighbors who presented a PowerPoint presentation with an overview of the role of the Subsidence District, including information regarding the pumping of water in Friendswood both ground and surface area and the work that is being done relative to the subsidence in the HGSD's area of responsibility and then introduced Assistant General Manager Tom Michael. Council questioned how to establish benchmarks with the district suggesting using the Global Positioning System (GPS) site gathering information. Mr. Neighbors stated water is not the only cause of subsidence in this particular area, oil and gas can contribute to subsidence, most wells in this area are shallow, there is also natural compaction that occurs in small numbers and takes many years to show a difference. Population in Friendswood is growing, HGSD is using this growth for their studies, and will reevaluate next census for population growth. Recharge Zones are considered, but most recharge zones are in sandy areas, there is very little recharge in this area and affect subsidence in this area. Private wells are handled by the district creating legislation, exempted wells serving a single member dwelling from subsidence rules and regulation, there are approximately 6000-7000 private wells permitted, mostly in Fort Bend County, when surface water becomes available, everyone is required to use the surface water, re-circulating treated water would be used in other areas, recycling water for some services are highly encouraged, does not know anyone in their district that does this, but is highly recommended, the canal water comes out of the southern part of the area and is used by Galveston and Texas City, not a good source of drinking water as it is salty, at best it is fair in taste, requires a permit which would be highly unlikely and would probably be a four year process getting a permit, may not be usable at varying times due to the salt in the water. CLOSED EXECUTIVE SESSION Council convened into Executive Session in Accordance with the Texas Government Code, pursuant to Section 551.072 — Deliberation regarding Real Property and Section 551.074 — Personnel Matters 02/05/07 2622 (Annual Review of the City Secretary). Council convened into Regular Session at 7:00 pm with action taken later in the meeting. RECONVENE INTO OPEN SESSION SPECIAL SESSION —continued Discussion was held with the Planning and Zoning Commission regarding non-conforming uses- discussed the history of non-conforming uses, has become an issue, three things make up non- conforming, a lot, a structure or a use, discussed maybe want to make it go away or maybe want to use it, issue in downtown area and certain other areas, how to proceed, policies in the past led to a stagnated downtown area, have a problem with zoning bringing harm to citizens and to this City, zoning does help, but does not want to force business to do things that they do not want to do, is a burden on business and possibly residents as well, concern about existing and incoming business, may squeeze business out that are non-conforming uses, the 50% rule to re-build if a natural disaster hits may effect insurance payments to re-build, anything above 50% must be built to current code, proposed change to clarify that under the 50% rule, if existing building is rebuilt can be rebuilt as it was but anything added to the building must meet building code, how is this applied, concern with City telling owners what they can do with their property, some builder/developers want to build quality but some do not, this document does not have anything to do with pretty or ugly, has to do with the principle. Without firm resolve to compel compliance of non-conforming uses to the future land use plan or as this or a future Council deems appropriate, the public has little impact on controlling land use decisions. The result is that the highest and best use decisions will rest with individual landowners and be controlled only by economic/market forces. City Manager stated he is not sure the community is politically supportive of traditional zoning and/or is not engaged in a public plan. If such is an accurate assessment this brings into question why have a zoning ordinance at all. If zoning is to be retained, a text change to prove their non-conforming status reinforcing the burden on the non-conforming use may be advisable. Such a text language would state that after a certain time, all uses would be deemed conforming unless a non-conforming status was filed with and confirmed by the City. This would require input from the City Attorney before consideration. Discussion was held with the Planning and Zoning Commission regarding heights in Planned Unit Developments (PUD). The purpose is to clean up language to provide for increased height in PUD's. This allows relief for downtown redevelopment. Discussion was held with the Planning and Zoning Commission regarding definitions of blocks, sidewalks, public streets, changes in cul-de-sac lengths, information is for clarification purposes, safety is a major issue, public safety input regarding any issues with distance and turnaround capability, location of fire hydrants is important as to the distance, for fire fighting purposes the water lines need to be looped for greater service, parking regulations, get recommendations from Fire and Police Department as to length of street/cul-de-sac lengths and discussed removing minimum length language in ordinance, use 600 feet and some mitigation for anything longer and review criteria from Fire and Police Departments. City Manager Bo McDaniel urged Council and the Planning and Zoning Commission (P&Z) to give this critical review. While the proposal may aid development, City Manager stated it is his opinion such a change in the cul-de-sac lengths will place future residents at a greater disadvantage regarding redundant safety access and access for public safety vehicles. The typical street is about 28' across. If cars are parked on either side (9+9=18-26=8 feet) an inadequate width remains for emergency access. One-way fire and emergency access requires a minimum of 15' and two-way fire lanes call for 20' without parking. Therefore, any greater length allowed should require satisfactory mitigation to accommodate the longer lengths. Those mitigations could include: No Parking regulations, staggered and offsetting parking areas, wider throats/streets, break-away fences at the end of the cul-de-sac. 02/05/07 2623 Council re-convened into executive session at 6:30 PM. Council convened into regular session at 7:20 PM with action taken later in the meeting. 7:00 PM— REGULAR SESSION The invocation was given by Pastor Jim Bass with Friendswood United Methodist Church. Mayor Smith led the Pledge of allegiance to the United States and to the State of Texas. SPECIAL RECOGNITION AND ACKNOWLEDGEMENTS City Manager Bo McDaniel presented John Johnson, Information Technology Specialist in the Administrative Services Department, with the Five Star Employee Award for the Fourth Quarter of 2006. John, known more commonly as John Johnson, was hired on March 7, 2005, in the Information Technology (I.T.) section of Administrative Services to work primarily in the Police Department. John is the primary I.T. support for the Police Department. John Johnson received admirable nominations from his fellow employees for his prompt and thorough attention to their information technology support needs. John is obviously admired by many peers, and deservedly so. We are very appreciative to have John Johnson as a part of the City Staff, and are pleased to present him with the Five Star Spirit Award for the last quarter of 2006. COMMUNICATIONS FROM THE PUBLIC Arthur Hsu, 709 Pin Oak Drive addressed Council and stated he was concerned with the FEMA ordinance changes as proposed, the purpose should be to be helpful to residents and developers as well, suggest a Staff inember to help to understand the history and incorporate knowledge and help to go through the process, look at exceptions, have an advocate to help, an ombudsman hired by the agency to represent individuals before the agency. Councilmember Hill stated meetings were held with Drainage District and are working on an agreement that will be helpful to everyone, the enforcement is going to lie with the City. Frank Frankovich, 656 E. Castleharbour, addressed Council and stated he is a past member of the Clear Creek Drainage District and former City Council member, addressed Council with the proposed changes to the drainage ordinance, authority and responsibility of City and Drainage District, talked about the history in the 1980's and 1990's as it relates to the process with permits, in the 1990's adopted a runoff ordinance, stopped isolated flooding in the City, has not had negative impact on development, this change to the ordinance would impact the City and will come back to Staff to fix later on, saw the effects of not having control and long-term effect on drainage, read verbiage from the City's code book from the 1980's, ought to be able to work with City Engineer. Councilmember LeCour stated the flooding he referred to was from 5 acres or less, single family residents, not developments, why is it costing $25,000 to $50,000 for drainage plans, Frank Frankovich stated that was too much money to be spending. Councilmember Horecky stated the change in the ordinance is for 5 acres or less. Frank Frankovich stated Councilmember Horecky does not understand drainage, the general public will be spending money and will be getting calls 5 or 10 years down the line. Councilmember Measeles stated when you put an impervious cover on a property the water will run off faster, it does not make a difference if it is a flood plain or not. Frank Frankovich read the Council's mission statement from the 1980's. Jim Vogas, 614 Castleharbour, addressed Council and stated he served on the Drainage District, addressed Council and stated he agreed with the comments from Frank Frankovich, saw firsthand the problems outlined, purpose of detention is to handle runoff in the flood plain and out of the flood plain process, heavy rains, drainage, mitigation works for some but not for all, increased runoff from a small 02/05/07 2624 tract can cause flooding, detention ponds reduces non-source point pollution, engineering changes should be made on engineering data. Councilmember LeCour stated five acres can hold 18 homes, only talking about one home on five acres, what method would be used for calculating runoff, discussed varying methods of calculations, used Harris County methodology and requirements, Jim Vogas stated there are other ways to figure this that make good engineering sense. Councilmember Peden stated he appreciates what has been said, he is not an engineer and is kind of new at this, gave an example of a citizen that purchased an old house, tore it down to rebuild, the citizen spent $55,000 on detention that was not needed because the impervious cover was being reduced, should only be responsible for impact on surrounding lots, looking for a method that will only apply to each piece of property, not across the board. Mayor Smith stated he is in a learning curve and does not understand as Councilmember Peden described, perhaps what they heard tonight is important and may help to make the decisions. Councilmember Peden thinks Councilmember Ewing and he voted to have the City Attorney draft the ordinance, did not want to hurt anyone but would like to mitigate. Councilmember Hill urged to watch what will happen and we will be happy, if had any influence with Harris County that is what is hurting Friendswood. Councilmember Ewing thanked Frank Frankovich and Jim Vogas for this information, it was helpful in making a decision. Bret Nichols, 208 E. Castleharbour, addressed Council and stated he submitted a maintenance agreement for Millennium Corporation and requested a workshop as soon as possible to discuss development of the Manning property and a maintenance agreement. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS Planning and Zoning Commission Chair Jim Gibson presented a report and thanked Kevin Holland for his leadership this past year as Chairman of Planning and Zoning Commission and outlined work that is being done and thanked Council for their hard work as well. Council thanked Planning and Zoning members for all their hard work and effort on behalf of the City. Councilmember Peden thanked the Zoning Staff for backup material to Council, reports have been more informative than they were in the past. CITY MANAGER'S REPORT City Manager Bo McDaniel reported on the update of the Glenshannon Drainage Project, may have additional information following his attempts to contact the property owner's attorney, otherwise, there is no additional information to report. City Manager Bo McDaniel reported on the Household Hazardous Waste. On April 12, 2006, the City of Pearland sent several area cities, including the City of Friendswood a draft interlocal agreement for household hazardous chemical waste disposal services. The draft agreement allows the City of Friendswood to utilize the Pearland Recycling Center under the same terms and conditions as do citizens of Pearland, but with pre-paid forms for prior authorization and voucher numbers assigned by the City of Pearland. Per the draft agreement, Friendswood citizens could redeem the disposal vouchers at the Pearland Recycling Center, and each voucher may be used to dispose of a maximum of 100 pounds of residential household hazardous chemical waste (such as batteries, oil, paint and antifreeze). At the December 4, 2006, City Council meeting, Council authorized to explore feasibility and cost options between the Cities of Friendswood and Pearland to utilize Pearland's facility. On Thursday, January 18, Staff inet with the City of Pearland for this purpose. Pearland agreed to a one-year trial agreement in the amount of $3,750. This agreement is good for up to 100 customers, meaning that if all vouchers were used, the vouchers would cost $37.50 per customer. This figure per customer is exactly half of the original proposal that Pearland offered in April of last year. Given this cost, the City of Friendswood has several options in purchasing $3,750 worth of vouchers from Pearland: Create a public information campaign asking Friendswood residents to raise a portion or all of the $3,750. The 100 vouchers could 02/05/07 2625 then be purchased in advance, collect $37.50 at Friendswood City Hall up front from individual Friendswood residents who wish to use Pearland's facility. Issue our own voucher to be used at Pearland's facility and ask Pearland to invoice the City of Friendswood in the amount of$3,750 once 100 vouchers have been used, or after the end of one year, whichever comes first, pull $3,750 out of the Fire Marshal's Environmental Clean-Up Fund. This fund has been traditionally used for debris removal, and removal of other environmental waste, typically associated with Police Department actions, pay $3,750 out of the City's general fund up front to the City of Pearland. Given Staff's experience with the number of citizen inquiries about household hazardous waste disposal coupled with a public relations campaign that Friendswood would implement if the agreement occurs, we anticipate that there will be a considerable level of interest in this program. However, if less than 100 Friendswood customers use the facility in a year's time, the City of Friendswood would still owe Pearland the $3,750, per the agreement. Ultimately, this trial period has the potential to provide both cities with a good indication of the popularity of this program. Staff recommends pursuing a one-year household hazardous waste contract with the City of Pearland for 100 customers in the amount of$3,750. City Manager recommends a time (90 days) when the public could match the first 50 percent ($1,725) to demonstrate interest of inerit (either individual or donations). If there is no interest from the public, the City should not pursue this offer. If 50 percent is raised within 90 days, the City should fund the last $1,725 and amend the budget as appropriate to fund this service. City Manager Bo McDaniel reported on the update of the West Ranch Development. Council was given a summary of a staff/developer meeting with Friendswood Development Company officials representing West Ranch to address common issues. Included in discussions were park access and limitations, retail opportunities, signage and the City Manager suggested to meet quarterly with Staff and perhaps a Council liaison. Regarding park access, West Ranch will provide limited park access but not in such a manner as to meet the typical needs for parking and access for potential public use. Retail opportunities will follow the construction of a street to create a corner on the west side of FM 528, sometime in 2008. A home improvement store is a likely candidate as they are more willing to meet community design standards. West Ranch's appeal to the Zoning Board of Adjustment for sign permit relief was denied. Options now rest with revising (rezoning) the PUD. West Ranch officials were interested in a quarterly meeting assuming such would be productive from the roles of all attending. Concurrence was given by Council for Mayor Smith to meet quarterly with the West Ranch officials and report to Council, clarification needed on park issues and limitation to public use. ACTION ITEMS **Councilmember Horecky moved to approve authorizing the issuance of a final offer letter and authorize the preparation of a resolution for the acquisition of an easement for the Glenshannon Drainage project. Seconded by Councilmember Peden. The motion was approved unanimously. **Mayor Smith moved to approve clarification from the City Attorney as to the City's authority to issue building permits under the moratorium enacted on January 22, 2007, and consideration regarding adding a 60 day sunset clause to the moratorium as it applies to five acre —one single family residence effective from action taken this meeting. Seconded by Councilmember Measeles. The motion was approved unanimously. **Councilmember Horecky moved to approve the City Secretary's annual review and approve increase in salary to $90,500 with the increase to be a 5% merit with excess from reserves for 15% increase in salary. Seconded by Councilmember Measeles. The motion was approved 6-1 Councilmember LeCour opposed **Councilmember Measeles moved to approve a joint agreement for a hotel/conference center feasibility study with Eclipse Development Group and authorize the Mayor to execute. 02/05/07 2626 Seconded by Mayor Smith. *** Councilmember Peden moved to table consideration of the joint agreement for a hotel/conference center feasibility study. Seconded by Councilmember Hill. The motion to table was approved unanimously. **Motion by Councilmember Peden to amend section 4. 06 to change wording of policy to rotate chair and vice chair every 3 years and clarify that do not have to be a citizen to be a member of committee but a quorum must never be from outside of the City, and members of Planning and Zoning, Zoning Board of Adjustment, Community Board of Adjustment and Charter Committee Members must be a resident of Friendswood. Seconded by Councilmember Horecky. ***Motion by Councilmember LeCour to amend 5.04 filling vacancy, third paragraph appointments will be filled by the majority of City Council from a list of applicants provided by the City Secretary. Seconded by Councilmember Peden. The motion was approved 4-3 (Mayor Smith, Councilmember Ewing and Councilmember Measeles opposed) Main motion, as amended, 6-1 with Councilmember Ewing opposed. **Councilmember LeCour moved to approve the City Attorney to prepare an agreement with the Center for Pregnancy for services to the City in the amount of$500. Seconded by Councilmember Peden. The motion failed 0-7 with all opposed. Councilmember LeCour stated for the record that he donated his tax rebate to Hope Village and made other donations to other organizations and put a copy of his donations on file with the City Secretary. Councilmember LeCour stated will vote against this proposal and will vote against donating any in the future. Councilmember Peden left the Council Chambers at this time. **Mayor Smith moved to approve his recommendation of nominating Claude McEwen to fill a vacancy on the Community and Economic Development Committee. Seconded by Councilmember Ewing. The motion was approved 5-1 with Councilmember LeCour opposed. Councilmember Peden returned to the meeting at this time. RESOLUTION **Councilmember Smith moved to approve Resolution R2007-03 - a Resolution of the City of Friendswood, Texas, hereby designating Councilmember Jay Horecky as Representative and Councilmember Mel Measeles as Alternate to the Houston—Galveston Area Council 2007 General Assembly and Board of Directors. Seconded by Councilmember LeCour. The motion was approved unanimously. ORDINANCE **Councilmember Hill moved to approve the first reading of Ordinance No. T2007-01, an ordinance amending the Flood Damage Prevention Ordinance to change the areas to which the Ordinance applies to only those within the defined "areas of special flood hazard of the City of Friendswood. By deleting from Chapter 34 thereof all of Section 34-23 and substituting therefore a new Section 34-23; providing 02/05/07 2627 that the City's Flood Damage Prevention Ordinance shall apply only to areas of special flood hazard as defined therein; providing a penalty of an amount not to exceed $2,000 for each day of violation of any provision hereof; providing for severability; and repealing all ordinances or parts of ordinances inconsistent herewith. Amend to 4 acres or less and define 100 year flood. Seconded by Councilmember Horecky. ***Councilmember Ewing moved to table Ordinance No. T2007-01 for further review. Seconded by Councilmember Measeles. The motion failed 3-4 with Councilmember Peden, Councilmember Horecky, Councilmember Hill and Councilmember LeCour opposed. ***Mayor Smith moved to add language regarding lawfully existing land. Seconded by Councilmember Measeles. The motion was approved 5-2 with Councilmember Measeles and Councilmember Ewing opposed. Main motion, as amended, was approved 4-3 with Mayor Smith, Councilmember Ewing and Councilmember Measeles opposed. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Mayor Smith stated for the sake of time Council will not speak on the issue of parking regulations in residential neighborhoods at this time. Councilmember Hill commented on his frustration with the Community Development Department, does not see how citizens can work with the Community Development Department, does not have an attitude of wanting to help, it is very discouraging and wearing. Councilmember Horecky commented on the discussion that was held with the Galveston County Consolidated Drainage District (GCCDD), thinks they are on the right track to make some quantum leaps to make it easier for everyone, TxDOT is a major part of the issue, will be meeting with GCCDD again n ext wee k. Councilmember Peden stated he had no report. Councilmember Measeles reported that he attended the BASE symposium and they discussed the state of the Galveston Bay. Councilmember Hill stated he had no report. Councilmember LeCour stated on what he learned from today was that he is not going to trust Mayor Smith in the future, Mayor Smith did not do what was said and deceived him and does not appreciate him. Councilmember Ewing stated she attended the BASE meeting and it was very interesting, there will also be a barge trip on Clear Creek that should be very interesting. Mayor Smith stated the trust and respect is mutual between he and Councilmember LeCour, and further stated his actions were precluded by action on a prior action and it works both ways. CONSENT AGENDA **Mayor Smith moved to table Item C -Approve Minutes of January 15, 2007 Meeting 02/05/07 262$ Seconded by Councilmember Peden. The motion was approved unanimously. "'`Mayor Smith made a motion to approve item A - Approval of Street Banner Permit Applications for: Friendswood United Methodist Church for their Easter Service Play, Journey to the Cross and Friendswood Christian School for their school benefit auction. Seconded by Councilmember Measeles. The motion was approved unanimously. **Councilmember Peden made motion to approve item B - Accept the streets, drainage and utilities for the West Ranch Creekside Section I for the contractor's one-year maintenance period. Seconded by Counciimember Measeles. The motion was approved unanimously. A motion was made and approved to adjourn at 11:20 PM. <. or David J. . Smith Attest: �o� F R�Ep��� ' � � �O D loris McKenzie, R C � City Secretary * # d �,T� � �+�!p