HomeMy WebLinkAboutCC Minutes 2004-02-16 Regular 02/16/04 2120
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/NARRIS )(
FEBRUARY 16, 2004 )(
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, FEBRUARY 16,2004 AT 5:30 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-TENI JERRY ERICSSON
COUNCILMEMBER LAURA EWING
COUNCILMEMBER TRACY GOZA
COUNCILMEMBER DAVID J. H. SMITH
COUNCILMEMBER SHANNON KIMMEL (arr. at 5:40 PM)
COUNCILMEMBER MEL MEASELES
CITY ATTORNEY LOREN SMITH (arr. at 7:00 PM)
CITY MANAGER RON COX
CITY SECRETARY DELORIS MCKENZIE
Mavor Brizendine called the meetina to order.
5:30 PM —EXECUTIVE SESSION
Council convened into Executive Session in accordance with the Texas Government Code, pursuant to
Section 551.074 - Personnel Matters.
Council convened into Regular Session at 7:00 pm with action taken later in the meeting.
-�---� 7:00 PM —REGULAR SESSION -
The Invocation was given by Pastor Roger Patterson from First Baptist Church.
Mayor Brizendine led the Pledge of Allegiance to the United States and to the State of Texas.
JOINT DOCKETED PUBLIC HEARING
Mayor Brizendine and Chair of the Planning and Zoning Commission Bob Bertrand called a Joint Docketed
Public Hearing to order to receive comments from the public, either oral or written, regarding amendments to
the Zoning Ordinance with a request to amend the Entryway Overlay District and Downtown Overlay District
requirements.
The Chairman gave a brief description of the proposed changes which are being made to provide some clarity
to the current ordinance.
Councilmember Goza asked about tree clustering,stated his understanding was that the Staff could determine
what tree clustering looked like, questioned the residential requirements for visual barrier placement, the
Entryway Overlay District states 10 feet back and the Downtown Overlay District states 5 feet.
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Commissioner Burke stated that he was referring to placement of the fence and not the height and that this
had been a Staff recommendation.
Evelyn Newman, 502 Falling Leaf, asked the height of the wali.
Chair Bertrand stated wiil want to be consistent either 5 or 10 feet apart. .__
Commissioner Burke stated he thought that a Workshop was held and it was determined that clustering needs
definition and thought it was in the draft, will need changing.
Mehran Jadidi, 101 S. Friendswood Drive, stated he is the owner of the Shell station on FM 518 and FM 2351
and is trying to make area better place with beautification, has some problems with the City's requirements,
wants to make changes and add additional garage bays, it has frontage on both the EOD and DOD, was
concerned about the piacement of bay openings but may cause closing driveways which would impact his
businesses and would create a hardship. He also voiced his concerns with issues related to the non-
conformity of his lot and stated he would be seeking a variance.
No one spoke in favor of the changes.
Mayor Brizendine and Chair of the Planning and Zoning Commission Bob Bertrand called a Joint Docketed
Public Hearing to order to receive comments from the public, either oral or written, regarding a request to
amend the Permitted Use Table requirements for AmusemenURecreation Industries with a Specific Use
Permit in the Industrial-Light Industrial Districts and amend Used Car Sales to allow Specific Use Permit for
Used Car Sales in the Community Shopping Center (CSC), Old Business District (OBD) and Planned Unit
Development(PUD) Districts.
The Chairman outlined the proposed changes to the Permitted Use Table stating that used car sales were
currently not permitted in the areas where new cars, boats and recreational vehicles were allowed with specific
use permits. The proposed change would aliow similar use in these zones.
No one spoke for or against.
Hearing no further comments, the Joint Docketed Public Hearing was closed.
COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS
A presentation of Award of Leadership from Texas Municipal League(TML)by Councilmember Mel Measeles
was made in recognition of the City of Friendswoad participating in training for the last five years and
presented a plaque to the Mayor.
The Mayor stated the City is receiving this_award due to Councilmember Measeles attending the last five years
and he is receiving an award from TML individually for his continuing education,thanked him for his leadership
and appreciates him.
Councilmember Ewing reported Dr. John Heard has decided he will no longer serve on the Library Board, has
served six years and very much appreciates his dedication, reported on the Relay For Life for Cancer,
challenged Council, City Staff or anyone in the community to get a team together and participate, starts April
23 in League City and will go on through the night, there is a fee for each team, and luminaries will be sold.
Councilmember Ericsson reported on the Houston-Galveston Area Council meeting tomorrow morning right
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off Hwy 59.
Councilmember Goza and Councilmember Kimmel had no report.
,,..,.. Councilmember Smith reported he would like to congratulate fhe Lighthouse Cooking Team on their
successful fundraiser last week where they grossed over$10U,000 for this event, the Friendswood Rotary
Club's annual fundraiser will be coming up on March 27 and Reverse Draw tickets wili be available at the
Chamber of Commerce, reminder everyone to check with their insurance carriers since flood insurance
premiums may be reduced.
Councilmember Measeles reported he attended Clear Creek Watershed Steering Committee meeting last
week, February 24 is Open House at Friendswood High School regarding the Clear Creek project update and
one later in League City at the Civic Center, encourages everyone interested to be there, attended the TML's
Conference of the Association of Mayors, Councilmembers and Commissioners(AMCC)Conference where
there were great speakers who discussed marketing tourism in Texas, received information on streamline
sales tax, modei sales tax laws in the United States, discussed the over age 65 or disabled tax freeze option
which was recently passed House Bill 136, City can adopt a tax ceiling,was discussed at the conference that
Cities should move very siowly, recommends that the City appoint a committee or hold a workshop to discuss
the pros and cons, also attended a conference on Keep Texas Beautiful and would like to see the City apply
for some of the awards.
Councilmember Measeles announced his candidacy for re-election for Position No. 6, in May of this year. He
will have completed 12 years of service to the City, his main focus has been to maintain or improve the quality
of life for the citizens in Friendswood, p�edged to run for re=election for his third three-year term.
Mayor Brizendine reported he toured the new addition to the Hope Lutheran Church,addressed the Chamber
of Commerce with the State of the City address, met with the Bay Area Builder Association, he and
Councilmember Goza and Councilmember Smith attended a meeting with Friendswood lndependent School
District to discuss future facilities.
�. ,, COMMUNICATIONS FROM THE PUBLIC
Mayor Brizendine introduced Laurie Whitehead, City of Friendswood Ambassador, who made a special
presentation to the City of the memorial print "Swifter Than Eagles Fiyeth". She thanked everyone for the
highest honor of being named Ambassador and presented to the City a memorial print honoring the crew of
the Columbia Shuttle that came apart over the United States,a living memorial is established with donations of
the first$100 from the sale of the prints to the Shriners Burn Hospital, a second dedication and singing will be
held on February 20 from 6:00—8:00 PM at South Shore Harbour.
Since Mayor Brizendine was unable to attend he read the letter that he wrote to Laurie on her unveiling held
last Friday at South Shore Harbour and reported it was well attended.
Gary Freeman, 3730 Townes Forest Rd. in For.est Bend Subdivision, addressed Council and stated he lost his
sight almost two years ago, his only means of transportation is a handicap scooter, there are three corridors
that traverse the City, has no problems with any of those except FM2351 until sidewalks end. He used to cut
through to Mary's Creek Crossing Bridge until it was closed, proposed that this be made accessibie for a foot
path and small vehicular traffic such as wheelchairs, etc. He stated he has spoken to Public Works who said
they cannot accept the liability to City for him to go across the bridge, is an advantage for the handicapped,
asked Councii to think about re-opening this bridge.
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Pastors Ron Hindt and Pastor D�n Loaiza with Calvary Chapel, 3700 FM 528, addressed Council and asked
Council about having digital signage.
Mayor Brizendine stated he will have the City Manager look into this and give them input.
COMMUNICATIONS FROM COMMITTEES AND SPECIAL REPORTS ___.
Zoning Board of Adjustment Chair David O'Brien gave his annual report to Council and gave a summary of the
activity for 2003. He stated the number of hearings remains low compared to several years ago due to
modifications to zoning ordinances and City Staff working with our citizens. Mr. O'Brien recognized the
members of the Zoning Board of Adjustments Committee.
Mayor Brizendine reported that one change had been to add that the City Attorney is now attending meetings.
CITY MANAGER'S REPORT
The City's Capital Improvements Program (CIP) is very active. It has been discussed from time to time about
the projects funded by the 2003 Bond Election. However, there are several projects that are funded by City
appropriations that are significant and making a difference in the quality of service provided. The following is a
recap of several projects: A:Wedgewood Village/Forest Bend Force Main Improvements-Council heard a
presentation from an individual in Wedgewood Village Subdivision about a year ago, regarding a severe
infiltration and inflow(I&I) problem during heavy rains. Upon further investigation, Staff found that there were
two issues relative to that problem. First, the It�l were partially caused by the deteri0ratina condition of the
sewer collection and conveyance system, and second, the system itselfwas inefficiently utilized. The City has
had an I&I investigation and repai� program for a number of years. In response to the investigation, Staff,
through its contractor, concentrated in the Wedgewood Subdivision to seek out areas where the sewer lines
were deteriorated, and where I&I was prevalent. The contractor.has completed the project for that area,
making significant repairs. Approximately 43,000 feet of line was cleaned and viewed by TV cameras,and 20
repairs were made to reduce the I&I. Approximately $180,000 was spent on this portion of the project. In
order to create a more efficient system, two force mains were constructed across Clear Creek. One was from
the Forest Bend lift station to the Deepwood gravity main, the other from the Whittier Oaks lift station to the
Clearview gravity main. These creek crossings moved the wastewater through the system sooner, bypassing
most of the area where the I&I occurred. That created capacity in the remaining system,and made the sewer
conveyance system more efficient. This project is now functionai. B..Longwood Park Water/Sewer
Conversion—The Longwood Park Subdivision is located at the edge of the Friendswood city limits off Melody
Lane. This subdivision, although about 30 years old, has neuer been on the city's water and sewer utility
system. Utility service was provided by the City of Pearland through an Interlocal agreement. Pearland began
experiencing significant I&I problems in its system, and needed to increase the capacity of the wastewater
treatment plant to accommodate growth. A review of the system revealed the system in of Longwood Park
within the City of Friendswood was severely deteriorated and would have to be replaced. Instead of oniy
making repairs, Council approved a plan proposed by staff to both upgrade the water and sewer system, and
to connect it to City of Friendswood system. The connection to the city's system is now possible because of
development in the area. This improvement was budgeted at $1,156,876, and with favorable construction
bidding, came in at$866,451 including engineering. Construction of the system for both water and sewer lines
is compieted, and the system is being tested now. Completion and operation are imminent. C. Asphalt
Overlay Street Project .- We are proceeding with the asphalt overlay program approved by Council. This
project was bid and approved by Council in October, but has been delayed until now. The budget is$460,000
as was originally approved in the FY2002-03 Budget. Streets to be worked on include; Merriewood, Oak
Drive, Butler Drive, McKissick Drive, N. Ciear Creek C)rive, S. Clear Creek Drive, Leisure Lane, Pecan Drive,
Shady Nook, Baker Road, Deepwood, the Activity Building, and Renwick Park. Streets in Longwood Park
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Subdivision to be worked on include; John Drive, Myrtlewood Drive, Crawford Drive, Thomas Drive, Steele
Drive and Judy Avenue. D. Blackhawk Waste Water Treatment Plant Improvements - Council approved a
budget of $715,626.80 as the City's share of a $1.665 million renovation of the Blackhawk Wastewater
Treatment Plant. The plant renovation project includes resurfacing the plant's asphalt road, renovating the
_ headworks unit(new odor control system), adding a second belt press, and modernizing/updating the planYs
electrical system. Additionally, the chemical storage building has been rebuilt and converted to house supplies
and equipment for the Ultra Violet disinfection system. There have been two change orders for the project,
both dealing with additional work outside the scope of the original construction project being performed by
Reliant(HL&P) Energy. The cost for this work has been covered in the contingency portion of the budget and
therefore the project is going to be compieted within the estimated budget. In fact, it appears the city will
receive a reimbursement of approximately$35,000 from the original payment due to cost savings in the overall
project. This much-needed renovation allows the plant to operate more efficiently, and provides security
safeguards in case the electrical system is compromised in the future. E. Surface Water Pump Station-The
constitution of the pump station, storage tank, and piping for the city's second surface water take point has
been completed for several months. The City of Houston's 36-inch water supply line on Beamer has been
behind schedule, and the plant remains impermeable, for lack of water supply. Recent reports indicate that
Houston is still experiencing delay in activating the line. The contractor has failed to provide cathodic
protection, and until then, Houston has not released the contractor. Staff has requested Houston activate the
line at least to our take point in order to provide water to our system. They are considering the request.
ACTION ITEMS
Mayor Brizendine thanked City Secretary Deloris McKenzie for her outstanding service to the City of
Friendswood and to City Council for the lasf 20 years.
"`''Councilmember Goza moved to approve a $3547.00 a year salary increase to City Secretary Deloris
McKenzie which is a 5% increase.
Seconded by Counciimember Kimmel, The motion was approved unanimously.
RESOLUTION
"'"Councilmember Ericsson moved to approve Resolution No. R2004-03 - A Resolution of the City of
Friendswood, Texas, in support of the retention and expansion of Military Units at Ellington Field.
Seconded by Councilmember Measeles. The motion was approved unanimously.
'"`Councilmember Measeles moved to approve Resolution No. R2004-04-A Resolution of the City Council of
the City of Friendswood, Texas, providing for the holding of a General Election on May 15, 2004, for the
purpose of electing two Councilmembers(Position Nos. 4 and 6);designating the polling places and appointing
Election Officials for such Election; providing the form of the ballot for such Election;directing the giving of notice
of such Election; and containing other provisions relating to the subject.
Seconded by Counciimember Ericsson. The motion was approved unanimously.
ORDINANCES
'"*Councilmember Measeles moved to approve the Second and Final reading of Ordinance No.T2004-04,an
Ordinance amending City of Friendswood,Texas, Ordinance No.2000-01,as amended,originally adopted the
17`h 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 striking ail of Paragraph 1 of
Subsection g of Section II thereof and substituting therefore a new Paragraph I of Sutisection g, by striking all
of paragraph 3 other than Sub Paragraph (g) througii (j) of Section 2 thereof substituting therefore a new
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Paragraph 3 of Sub-Section (g); authorizing the City Manager or his designee to approve amending plats;
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.
*"Counciimember Kimmel moved to approve the Second and Final reading of Ordinance No. T2004-05, an _..
Ordinance of the City of Friendswood, Texas, amending Ordinance No. 96-5 (Zoning Specific Use Permit of
Office Building purposes), by granting to Irish Green Office Park Inc., Phase II, an amended Specific Use
Permit to allow an increase in the amount of building space that may be used for sales/retail uses from 30%to
40%, and to add certain uses as permitted uses,for the development located on Lots 2 and 3, Block 1, Melody
Plaza Subdivision, providing for the amendment of the Official Zoning Map; providing a penalty in an amount
not to exceed $2,000 for each day of violation of any provision hereof; and providing for severability.
Seconded by Councilmember Goza. The motion was approved unanimously.
'`*Councilmember Smith moved to approve the First and Finai reading of Ordinance No. T2004-06, an
Ordinance known as"Budget Amendment I", amending City Of Friendswood,Texas, Ordinance No.2003-19,
passed and approved September 22,2003 and being an Ordinance approving and adopting the City's General
Budget for Fiscal Year 2003-2004; providing amendments to such Budget; and providing other matters related
to the subject.
Seconded by Councilmember Ericsson. The motion was approved unanimously.
CONSENT AGENDA
'`*Councilmember Smith moved to approve the Consent Agenda as presented. A. Payment of Capital Projects
— 1. Woodlawn and Shadowbend Drainage with payment in the amount of$11,281.63 to Freese & Nichols,
Inc., for engineering services. To date, 9.76 percent of the contract has been expended. 2. Friendswood
Link/Whittier Oaks Force Main with payment in the amount of $5,510.00 less retainage in the amount of
$275.50 to Troy Construction, LLP, for construction services. To date, 98 percent of the contract has been
expended. 3. Longwood Park Water/Sewer Conversion with payment in the amount of $106,545.11 less
retainage in the amount of$5,327.25 to Pennstar, Inc., for construction services. Payment to Pennstar, Inc.
for open cut excavation in the amount of$5,000. Charges to be reimbursed by Exxon Pipeline. To date, 86
percent of the contract has been expended. 4. Public Works Vehicle Storage Building with payment in the
amount of$300.00 to Randall-Porterfield Architects, Inc. for architect services. To date, 95 percent of the
contract has been expended. Total payments were$123,033.99. B. Approve Banner Permit Appiication for
Heritage Gardeners. C. Approve the Property Tax Report for January 2004. �
Seconded by Councilmember Kimmel. The motion was approved unanimousiy.
A motion was made and approved to adjourn at 8.20 PM.
�
� " �
ayor Kimball W. Brize dine
Attest:
� -
Z- i'�Z
Deloris McKenzie, R C
City Secretary