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HomeMy WebLinkAboutCC Minutes 2008-05-05 Special 05/05/2008 2916 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( MAY 05, 2008 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, MAY 05, 2008, AT 5:00 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 MICHAEL BARKER COUNCILMEMBER JOHN LECOUR COUNCILMEMBER JIM HILL COUNCILMEMBER LESLIE REID COUNCILMEMBER ANDY RIVERA CITY ATTORNEY BOBBY GERVAIS ACTING CITY MANAGER ROGER ROECKER CITY SECRETARY DELORIS MCKENZIE Mayor Smith called the meeting to order. SPECIAL SESSION A discussion was held with the Planning and Zoning Commission regarding amendments to the Sign Ordinance for business complexes and definitions. The City's Sign Ordinance currently allows a second multi-tenant sign for a development containing a building or buildings of a cumulative total of over 40,000 square feet but prohibits so-called off-premises signs in instances where a business does not front on a street. The proposed amendment adds definitions of "Lot" and "Development", and would thereby allow "off-premises" signs for a multi-tenant development, such as an industrial or business complex, where all business may not have a street frontage. Additionally, the number of multi-tenant signs permitted would be tied to the square footage of building(s) constructed at the time of application for the permit. At this time, Staff is recommending that City Council review and discuss with the Planning and Zoning Commission certain additional proposed amendments to the Sign Ordinance as it pertains to definitions and permanent signs. A discussion was held with the Planning and Zoning Commission regarding amendments to the Subdivision Ordinance regarding maximum block length. The City's Subdivision Ordinance currently allows P&Z to use discretion in approving cul-de-sacs longer than the maximum allowed length of 750 feet, but similar discretion regarding block lengths greater than 1,200 feet is not clearly stated. The amendments being proposed, which would mirror the language associated with cul-de-sacs, would clearly allow P&Z to make similar determinations in regard to maximum block length. At this time, Staff is recommending that City Council review and discuss with the Planning and Zoning Commission the recommended amendments to the Subdivision Ordinance that would allow increasing the maximum allowable block length under certain conditions. CLOSED EXECUTIVE SESSION Council convened into Executive Session in Accordance with the Texas Government Code, pursuant to Section 551.071 — Consultation with attorney concerning pending or contemplated litigation; a settlement offer; or a matter in which the duty of the attorney requires it and Section 551.072 — Deliberation regarding real property. Council convened into Regular Session at 7:00 pm with no action taken later in the meeting. 05/05/2008 2917 RECONVENE INTO OPEN SESSION 7:05 PM— REGULAR SESSION The invocation was given by Pastor Danny Mercer with Friends Church of Christ. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE PUBLIC Don Johnson, Friendswood resident, addressed Council and spoke on the Clear Creek Federal Project, the City is in need of a local project and need independence to move this project forward. Bobbie Jones, Friendswood resident, addressed Council and stated she is concerned with Eagle Lakes Dam leaking and would appreciate it being looked at, it is very important. Linn Eignus, Friendswood resident, addressed Council and spoke in favor of naming the Public Safety Building (PSB), encouraged Council to name this building as Arden Hill, Sr. Public Safety Building, Arden Hill has always went far beyond the call of duty in this community to help make this City the reason why people have moved here today, it would be a great tribute to him and to the Hill Family and would ask to seriously to consider naming the PSB after Arden Hill. Joycina Baker, Friendswood resident, addressed Council and spoke on behalf of Arden Hill, Jr. who he knew since 1948, is held in high regard and elected as first Marshal, spoke on his character, those citizens that lived here in the 60's knew Arden and would affirm his character, asked Council to seriously consider naming the Public Safety Building as Arden Hill, Jr. building. Tom Grace, Friendswood resident, signed up to address Council and speak and had to leave but offered his support in the naming of the Public Safety Building after Arden Hill Jr. COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS The annual report was given from Fourth of July Steering Committee Chair Corey, on information regarding the 2008 Fourth of July festivities, Past Parks and Recreation Director Jon Branson will be Grand Marshal for parade, announced the day and night program's and announced that all must ride the shuttle from Clear Brook High School and Friendswood Independent School District High Schools for the night programs at Centennial Park. CITY MANAGER'S REPORT City Manager Bo McDaniel reported on the Capital Improvement Project and Commercial Development Report. Reviewed the monthly Capital Improvement Project (CIP) Progress/Status Report, together with a report on commercial activity including Development Review Committee meetings held. The City Manager reported on the State Hurricane Drill. On Tuesday, April 29 and Wednesday, April 30, 2008, the State of Texas conducted a statewide hurricane drill. In collaboration with the State, the City of Friendswood and other local jurisdictions activated the Emergency Operations Center (EOC) to work the exercise. Fire Marshal Terry Byrd was located at the Galveston County EOC in Dickinson, while Assistant Fire Marshal Brian Mansfield headed up our EOC in the Public Safety Building (PSB). The fictional hurricane "Gene" threatened the upper Texas Coast in this real-time exercise. City employees from various departments manned our EOC, taking calls, sending press releases, acquiring resources, and conducting other operations as necessary. The drill was a success, and important feedback and opportunities for improvement were provided by the State upon the conclusion of the drill. We would like to especially send our thanks to Ginger Spade, Jean Bilderback, Elizabeth Adams and Mary Napoli, 05/05/2008 2918 special members of the Friendswood Senior Program, who volunteered their time as "special needs evacuees" during the mock event. These important women were transported to the Texas City Doyle Convention Center on April 29, 2008, by the City's Community Services Department. Terry Byrd and the staff of the Fire Marshal's Office have been working hard these last few months to prepare and train City employees in various incident command classes. The City has no doubt that this training will be of vital use as the City gears up for another hurricane season. ACTION ITEMS **Councilmember Member Peden moved to approve concurrence with the Mayor's appointments/ reappointments to the Fourth of July Committee to fill vacancies with Greg Rye, Kelli Rye, Minh Phu Tanita, and Gary Wenzel. Seconded by Councilmember Rivera. The motion was approved unanimously. No action was taken on the appointments to the Parks and Recreation Board and the Community Appearance Board. **Councilmember Peden moved to approve naming the Public Safety Building (PSB) as Arden C. Hill Jr. Public Safety Building. Seconded by Councilmember Reid. The motion was approved unanimously. **Councilmember Rivera moved to approve authorizing the Mayor to execute and the City Secretary to attest, respectively, earnest money contract for the sale of City property, a portion of parking lot under agreement with Shear Pleasure at 904 S. Friendswood Drive to Daniel and Darleen Gage (Shear Pleasure Salon & Day Spa). Seconded by Councilmember Barker. The motion was approved 6-1 with Councilmember Peden opposed. City Attorney advised for the record that the City does not have to bid this property in accordance with Local Government Code 272.001.B 1. **Councilmember Reid moved to approve accepting a check and letter from R. E. Smith, Jr. and authorizing the Mayor to negotiate a developer agreement for participation in the City's South Friendswood Force Main Diversion Project, as it relates to the development of The Estates subdivision. Seconded by Councilmember Rivera. The motion was approved unanimously. **Councilmember Rivera moved to approve a proposal from Traffic Engineers, Inc. to conduct a traffic impact analysis and authorizing the Mayor to execute the contract. Seconded by Councilmember Hill. The motion was approve unanimously. RESOLUTIONS **Councilmember Hill moved to approve Resolution R2008-37 - a Resolution of the City Council of the City of Friendswood, Texas, determining that land is needed for construction, installation, maintenance, operation, inspection, replacement, repair, and removal of certain public utility lines as part of the Deepwood Force Main Project for the City of Friendswood, Texas; and authorizing the City Manager to make final offer to acquire such land. (Bulgiers) Seconded by Councilmember Barker. The motion was approved unanimously. ** Councilmember Reid moved to approve Resolution R2008-38 - a Resolution of the City Council of the City of Friendswood, Texas, determining that land is needed for construction, installation, maintenance, operation, inspection, replacement, repair, and removal of certain public utility lines as part of the Deepwood Force Main Project for the City of Friendswood, Texas; and authorizing the City Manager to make final offer to acquire such land. (William Wasko) Seconded by Councilmember Rivera. The motion was approved unanimously. 05/05/2008 2919 **Councilmember Hill moved to approve Resolution R2008-39 - a Resolution of the City Council of the City of Friendswood, Texas, approving an amendment to the interlocal agreement with the Galveston County Consolidated Drainage District dated April 2, 2007, in regard to the establishment and collection of drainage fees for additional impervious cover. Seconded by Councilmember Rivera. The motion was approved unanimously. **Councilmember Reid moved to approve Resolution R2008-40 - a Resolution of the City Council of the City of Friendswood, Texas, rescinding R2008-14 and approving a new Memorandum of Understanding by and between the City of Friendswood (City), the Galveston County Consolidated Drainage District (GCCDD) and the sponsors of the U.S. Army Corps of Engineers' (USACE) Clear Creek NED 2007 Plan, those sponsors being Brazoria County Drainage District No. 4 (BCDD No. 4), Harris County Flood Control District(HCFCD) and Galveston County (County), in connection with the continuing effort to reduce flood risk and drainage concerns in the Clear Creek Watershed (including supporting the USACE's Clear Creek NED 2007 Plan). Seconded by Councilmember Hill. The motion was approved 6-1 with LeCour opposed. **Councilmember Reid moved to approve Resolution R2008-41 - A resolution of the City Council of the City of Friendswood, Texas, approving and authorizing the Mayor to execute, and the City Secretary to attest, a Memorandum of Understanding by and between the City and the Friendswood Independent School District for issues relating to traffic studies, permit and inspection fees, joint use agreements of school district and City facilities, and the sharing of maintenance responsibilities of certain facilities. Seconded by Councilmember Peden. The motion was approved unanimously. ORDINANCES **Councilmember Reid moved to approve the First reading of the Ordinance No. T2008-10, an ordinance amending the subdivision regulations of the City to authorize the approval of plats of certain subdivisions that do not include all of the parent tract being divided, to provide for partial plat approval, to amend exemptions to the platting requirement, and to update definitions. An Ordinance amending City of Friendswood, Texas, Ordinance No. 2000-01, as amended, originally adopted the 17th day of December, 2000, being Appendix B of the Friendswood City Code, and being an ordinance providing rules and regulations governing plats and the subdivision of land, by amending Subsections (b), (d) and (e) of Section 1 thereof to authorize the approval of plats of certain subdivisions that do not include all of the parent tract being divided, to provide for partial plat approval, to amend exemptions to the platting requirement, and to update definitions; 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 Hill. The motion was approved unanimously. **Councilmember LeCour moved to approve the First reading of the Ordinance No. T2008-11, an ordinance of the City of Friendswood amending Appendix A, the City's sign ordinance with regard to regulation of obsolete signs within the City, providing for a penalty, and providing for severability. An Ordinance amending Appendix A of the Code of Ordinances of the City of Friendswood, Texas, being the City's sign ordinance, by deleting from Section 1 thereof the definition of"obsolete sign" and substituting therefor a new definition; by deleting all of Section 25 thereof, entitled "obsolete signs," and substituting therefor a new Section 25; and by deleting all of Section 26 thereof, entitled "lawfully non-conforming signs," and substituting therefor a new Section 26; providing that obsolete signs shall be brought into compliance with City ordinances or removed prior to the first anniversary date of such non-compliance; providing a definition of and regulations governing a "lawfully non-conforming sign"; providing a penalty in an amount of$2,000 for violation of any provision hereof; repealing all ordinances or parts of ordinances inconsistent or in conflict herewith; and providing for severability. Seconded by Councilmember Rivera. The motion was approved unanimously. 05/05/2008 2920 COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Barker had no report. Councilmember LeCour reported he attended a meeting on Industrialization in the Environment presented by a steel company, there was interesting data and the speaker was a former aide to Senator AI Gore, China and Japan are a major pollutant where it is air streamed to the United States. Number 1 is transportation, Number 2 is Energy and Number 3 is Industry. Councilmember Hill had no report. Councilmember Reid reported that she attended the Challenger Baseball tournament for physically challenged youth, the National Day of Prayer, the Tree Dedication on Arbor day at the Public Safety Building (PSB) and thanked Heritage Gardeners for the dedication, announced Concerts in the Park have begun at Stevenson Park and thanked James Toney and Staff for their work and announced concerts would be held every Friday. On May 17, 2008, will be the Community Prayer Breakfast and on the same day a community wide Homeowners Association (HOA) Meeting will be held from 9:00 AM to 12:00 PM at City Hall. Mayor and Council are invited to attend, will be in Washington with citizens attending a space exploration. Scout Grady Lesak along with the City of Friendswood is sponsoring a Memorial Day Ceremony to be held annually. Councilmember Peden reported on this being his last legislative meeting, gave a short speech as outgoing Councilmember, recognized three various groups that he has worked with, challenge the newly elected Councilmember to read the Charter and thanked his supporters, has great hope for the new Council, The City is poised for great things and plans to be heavily involved in politics locally and within the county and others, thanked Council's support in naming the Public Storage Building (PSB) Arden Hill, thanked his wife and children for allowing to serve these three years, thanked spouses and children of all Councilmembers and thanked the citizens and stated he does not plan to go away, even though he will be traveling on his job more than usual. Councilmember Rivera reported on the Mary Queen Festival, it has been the most successful event held and thanked Councilmember LeCour and Councilmember Peden for serving on Council. CONSENT AGENDA **Councilmember LeCour moved to approve the Consent Agenda as presented A. Authorizing acceptance of certain sidewalks for the West Ranch, Stonecreek Section II subdivision for the contractor's one-year maintenance period and releasing the previously accepted performance bond. B. Authorizing acceptance of certain sidewalks for the West Ranch, Creekside Section II subdivision for the contractor's one-year maintenance period and releasing the previously accepted performance bond. C. Authorizing acceptance of the waterline for the Blackhawk Waterline project for the contractor's one-year maintenance period. D. Approve Resolution R2008-36: A resolution approving that certain "Addendum to Certificates of Authority" for the purpose of removing City Manager Robert T. McDaniel and adding Acting Director of Administrative Services Cindy S. Edge to the list of persons authorized to act as signatories on City accounts at Wells Fargo Bank N.A, the City's banking depository. F. Accept March 2008 Property Tax Report. G. Approve Minutes of the March 24 and March 31, 2008 Meetings. Seconded by Mayor Smith. The motion was approved unanimously. Seconded by Councilmember Reid. The motion was approved unanimously. 05/05/2008 292� A motion was made and approved to adjourn at 8:42 PM. "°' Mayor David J.H. Smith Attest: Deloris McKenzie, TR C City Secretary � �