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HomeMy WebLinkAboutCC Minutes 2008-07-21 RegularSTATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( JULY 21, 2008 )( MINUTES OF A SPECIAL MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JULY 21, 2008, AT 5:30 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 ANDY RIVERA COUNCILMEMBER MICHAEL BARKER COUNCILMEMBER JIM BARR (arrived at 6:05 PM) COUNCILMEMBER JIM HILL COUNCILMEMBER LESLIE REID COUNCILMEMBER BILL HOLBERT 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 Galveston County Consolidated Drainage District (GCCDD) regarding downtown drainage, Wegner Ditch and the Memorandum of Understanding (MOU) with the Clear Creek sponsors. Mayor Smith gave a brief overview of past work on the downtown drainage and reported on a meeting that was held with Texas Department of Transportation (TxDOT), GCCDD officials and City Staff. Interim Director of Community Development Mo Kabiri provided an update on the project and met with TxDOT regarding increasing drainage storage and provided the conceptual evaluation drainage along FM 518 within the downtown area. TxDOT advised that their existing storm sewer facilities were sized to handle whatever flows that are directed to their system within the first 150-feet outside of their right-of- way, the 150-foot buffer included properties that were both developed and undeveloped at the time of installation. Staff reported that the downtown area is broken up into two drainage areas and separated by a high point south of Willowick at FM 518 and FM 518 at FM 2351. It was recommended during the joint meeting that a 72-inch reinforced concrete pipe storm sewer line be installed along Castlewood and Stones Throw, outfalling into Clear Creek and Coward's Creek. This is strictly conceptual and recommends a model be developed based on hydraulics to prove up the actual numbers for lateral outfalls, suggestion was made to look at the Heritage area as well. Council discussed the possibility that mitigation may be available in conjunction with the GCCDD regional detention facilities. Sam Kruse with P.E., Costello, Inc., Municipal Engineering, noted that Costello, Inc., developed the Master Drainage Plan for the City and provided a brief overview of the Master Drainage Plan, Phase I and II for FM 518 Downtown Area. A lengthy question and answer session was held with Council to discuss various possibilities and the associated cost to accomplish handling the drainage for FM 518 for the development that is anticipated in the downtown areas. GCCDD recommends moving forward with approving a hydrology study as quickly as possible with an existing contract with Costello to develop the hydrology. A Memorandum of Understanding with the Clear Creek sponsors was discussed and Council questioned what the status was and it was stated that GCCDD had signed it, has been approved by the City and believes it is being reviewed by other entities attorneys. The City Attorney will check with Harris County Attorney on the status of the execution of the agreement. The Wegner Ditch needs to be deepened about 4 ft., this will be difficult to do and suggested putting in box culverts from FM 2351 to the creek, funding needs to be addressed as costs continue to rise and this project ties into the widening of FM 2351. TxDOT was pleased to be partnering with the City on these drainage projects. The City will be required to have TxDOT easements, if open ditch/box culverts are utilized, the property owners would actually gain property. A discussion was held regarding Budget Adjustment II Ordinance. Council did not have any questions other than reviewing the Comprehensive Plan. 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; 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 action taken later in the meeting. RECONVENE INTO OPEN SESSION 7:00 PM — REGULAR SESSION The invocation was given by Father Benny Joseph with Mary Queen Catholic Church. Mayor Smith led the Pledge of Allegiance to the United States and to the State of Texas. SPECIAL SESSION A discussion was held regarding the Backflow Prevention Ordinance. As stated at the July 7, 2008, work session, the impetus for the establishment of a Backflow Prevention and Customer Service Inspection Program is the requirements put on water purveyors in the State of Texas by the Texas Administrative Code, Part 1, Chapter 290, Sub -Chapter D, Rule 290-44(h) for backflow prevention, Rule 290-46(i) for prevention of certain unacceptable plumbing practices and Rule 290-460) for customer service inspections. The rules also include the form on which the customer service inspections are to be reported. Establishment of such a program is critical to the protection of the health, safety and general welfare of the residents and general public in Friendswood as such relates to the potable water system. Failure to properly regulate the installation and maintenance of backflow prevention devices could result in the back -siphoning of contaminated or non -potable water into the potable water system. The purpose of the regulations is to prevent the potential for contamination of the City's potable water system as the result of back -siphoning of contaminated or non -potable water from sources such as swimming pools, ice machines, sprinkler systems and others. The Texas Commission on Environmental Quality (TCEQ) regulates the City's compliance on this issue as part of its annual inspections of water systems in the State. The program would apply, as appropriate, to all water customers in the City where water service or the associated plumbing has been altered or newly installed, where the possibility of unprotected cross - connection may exist, or where there is an existing backflow prevention device. Penalties for violation of TCEQ regulations range up to $10,000 per day for each violation. The Community Development Department drafted a proposed ordinance to effect the implementation of the Backflow Prevention and Customer Service Inspection Program on behalf of the department and for the Public Works Department. The draft was based on an ordinance recently passed by the City of Alamo Heights, and the draft was compared to several other local cities' ordinances with Pearland's being the most complete in regard to the Texas Administrative Code requirements. The draft ordinance covers installation requirements as well as testing and inspections requirements for backflow prevention devices and plumbing and contains tables that specify the device type that is to be used for a particular condition or type of business or private use. Chapter 6 of the 2003 International Code Council Plumbing Code as adopted by the City provides for other particulars in regard to backflow prevention devices. It was originally expected that temporary help would be needed to set up the records system for the program but with the hiring of a replacement building inspector conversant in the program, it is believed that the program can be administered with the current staffing levels in the Community Development and Public Works Departments. City Council discussed the possibility of limiting the fines for violation of the proposed ordinance provisions. Staff has established a proposed tier structure of $150 for the first offense, $300 for the second offense and $500 for the third and subsequent offenses. This appears in the draft ordinance that will be in the folder for first reading for the Backflow Prevention and Customer Service Inspections ordinance. JOINT DOCKETED PUBLIC HEARING Mayor Smith and Planning and Zoning Chairman Holland called a Joint Docketed Public Hearing to order, to receive comments from the public, either oral or written, regarding a Zone Classification change for a tract of land containing 7.926 acres out of and part of a called 49.024 acre tract in the A.H. Jackson Survey, A-128, property located at 1700 W. Parkwood, near Friendswood Lakes Boulevard, Galveston County, TX, from Single Family Residential (SFR) to Community Shopping Center (CSC). No one spoke for or against the proposed Zone Classification change. Hearing no further comments, Planning and Zoning Commission Chairman Holland closed this Public Hearing. Mayor Smith and Planning and Zoning Chairman Holland called a Joint Docketed Public Hearing to order, to receive comments from the public, either oral or written, regarding a Zone Classification change for a tract of land containing 18.922 acres out of and part of a called 49.024 acre tract in the A.H. Jackson Survey, A-128, property located at 1700 W. Parkwood, near Friendswood Lakes Boulevard, Galveston County, TX, from Single Family Residential (SFR) to Community Shopping Center (CSC). Ed Sherrill, Friendswood resident of 32 years, stated he would like to speak in favor of the request and stated he lives in the Windsong Subdivision, has seen a lot of development, is not opposed to development but has concerns that development could destroy the woods in Friendswood, wildlife, natural buffer and would ask that unused easements be dedicated as a nature preserve. Dan Kidwell, Friendswood resident, stated he would like to speak in opposition of the request, would like to preserve the land and not do like Pearland development, Friendswood needs more green land to keep it pretty and would like to keep it that way. Tommy Blake, Friendswood resident of 30 years, stated he would like to speak in opposition of the request, does not want to see commercial development along easement, has a separate identity in the Windsong Subdivision and wants to keep it that way. Brett Nichols, representative of property owner, stated he understands that the tree line of the area drains into the Volmer Ditch and belongs to the owner of the property according to the survey. Mr. Kidwell stated Doug and Vera McCoy, owner of the 16 ft. easement from Windsong to FM 528, has a deed to the property. Mr. Nichols stated the Manning's are the past owners and they are having a survey drawn showing ownership and is only asking for zoning of property owned. Hearing no further comments, Planning and Zoning Commission Chairman Holland closed this Public Hearing. Council left open the Joint Docketed Public Hearings for a future meeting. SPECIAL SESSION A discussion was held with the Planning and Zoning Commission (P&Z) regarding the City of Friendswood's Comprehensive Plan. P&Z Chairman Holland stated P&Z has presented their recommendation and is looking for direction from Council. Mayor Smith and Council stated the Council have held retreats and this is a priority to get this project completed, a consultant has been hired to prepare the plan, there are two parts to the plan which are the written report and the map, thinks that the map is relatively simple and asked P&Z what did they think about moving forward to adopt the map and then work on the report, P&Z stated they felt that this is a workable solution and will continue to work on the report but will provide some flexibility, further discussion was held regarding not labeling this as a Comprehensive Plan, possibly call it a planning document or a 10 year guideline, discussed what is being done with buyout properties as reserves, non -developable, will move forward to adopt the Comprehensive Plan map, keep it simple, use as a guide, has had a super -committee working on this with planning that has flexibility, could possibly hold a town meeting or public hearings on this, one change would be to add a Single Family Residential (SFR) Estate zoning, adopt the Land Use map which is the guide to making changes to the zoning map and also keep the Land Use map up to date as well. The Planning and Zoning Commission adjourned their portion of the Special Session COMMUNICATIONS FROM THE PUBLIC Laurie Winn with Heritage Gardener's requested to speak concerning a Blue Star Memorial Highway Program which would place a plaque in Stevenson Park. New President Janet Fleming was introduced and provided an overview of the Blue Star Memorial Highway Program and stated the Heritage Gardener's would like to have Council's approval to place this memorial in Stevenson Park as a gift to the City. Council stated this will be a long process to be approved and would like to have it in place by next Memorial Day. ACTION ITEMS **Councilmember Rivera moved to approve concurrence with the reappointment of Judge James Woltz and Associate Judge Richard P. Flake to Municipal Court with terms expiring July 2010 and for reappointment to the Planning and Zoning Commission of Jim Gibson and Kevin Holland with terms expiring July 2011. Seconded by Councilmember Barr. The motion was approved unanimously. **Councilmember Reid moved to approve appointments of John T. Merrifield to the Community Appearance Board with a term expiring July 2009 and Kenneth D. Turner to the Fourth of July Steering Committee with a term expiring November 2011. Seconded by Councilmember Barker. The motion was approved unanimously. **Councilmember Rivera moved to approve the Annual Review and Conceptual Approval of the Friendswood Volunteer Fire Department's 15 Year Plan with expenditures being subject to appropriation by City Council. Seconded by Councilmember Reid. The motion was approved unanimously. **Councilmember Hill moved to approve directing the City Attorney to develop earnest money contracts with the Forest Bend Homeowner's Association for the exchange of the Fire Station No. 3 property with the Forest Bend Civic Center property and authorizing the Mayor to execute the earnest money contracts and exchange documents under the terms of the Executive Session. Seconded by Councilmember Rivera. The motion was approved unanimously. **Councilmember Hill moved to approve an amendment to the Council Liaison appointments; changing the Houston -Galveston Area Council (H-GAC) representative to Mayor Pro-Tem Rivera and alternate to Councilmember Barker. Seconded by Councilmember Reid. The motion was approved unanimously. **Councilmember Rivera moved to approve authorizing acceptance of the transfer of deed to a 1.5 acre parcel of property adjacent to Centennial Park from the West Ranch Management District to the City of Friendswood and crediting West Ranch's parkland obligation except from the West Ranch Management District with provision not to exceed $150,000 dollars and subject to Staff approval of development plan. Seconded by Councilmember Reid. The motion was approved unanimously. **Councilmember Barker moved to approve Resolution R2008-62 - A Resolution of the City Council of the City of Friendswood, Texas, authorizing the Mayor to execute, and the City Secretary to attest, respectively, an amendment to the September 8, 2003 Waste Disposal Contract by and between the City of Friendswood and the City of League City. Seconded by Councilmember Holbert. The motion was approved unanimously. ORDINANCES **Councilmember Rivera moved to approve the second and final reading of Ordinance No T2008-09; An Ordinance amending the Code of Ordinances of the City of Friendswood, Texas, Appendix B "Subdivisions", and being an ordinance providing rules and regulations governing plats and the subdivision of land, by deleting the current Subsection III (b)(1)(i) and adopting a new Subsection III (b)(1)(i) to provide new regulations pertaining to connections to "collector streets"; 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 approved unanimously. **Councilmember Hill moved to approve the second and final reading of Ordinance No T2008-16; An Ordinance amending Appendix C of the Friendswood City Code, said Appendix C being Ordinance No. 84-15, as amended, originally adopted the 19th Day of November, 1984, and being the Zoning Ordinance of the City, by deleting the current Permitted Use Table contained in Section 7-P and by adopting a new Permitted Use Table; providing other matters relating to the subject; 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 Rivera. The motion was approved unanimously. **Councilmember Rivera moved to approve the second and final reading of Ordinance No T2008-17; An Ordinance amending Appendix A of the Code of Ordinances of the City of Friendswood, Texas, being the City's Sign Ordinance, by amending Section 1 thereof by adding a new definition for "changeable electronic variable message sign (CEVMS)"; and by amending Section 9, entitled "prohibited signs," by prohibiting electronic digital billboards (CEVMS); 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 Reid. The motion was approved unanimously. The Planning and Zoning Commission tabled action on recommendations on rezoning requests for 1700 W. Parkwood. **Councilmember Rivera moved to table the first reading of Ordinance No. T2008-21; 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 7.926 acres (Tract 1) located at 1700 W. Parkwood from Single Family Residential (SFR) to Community Shopping Center (CSC), such tract located in the City of Friendswood, Galveston County, Texas; providing for the amendment of the City's 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 Reid. The motion was approved unanimously. **Councilmember Rivera moved to table the first reading of Ordinance No. T2008-22; 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 18.922 acres (Tract 2) located at 1700 W. Parkwood from Single Family Residential (SFR) to Community Shopping Center (CSC), such tract located in the City of Friendswood, Galveston County, Texas; providing for the amendment of the City's 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 Reid. The motion was approved unanimously **Councilmember Hill moved to approve the second and final reading of Ordinance No. T2008-23; An Ordinance of the City of Friendswood, Texas, establishing a curfew for persons under the age of 17 years between the hours of 12:01 A.M. and 5:00 A.M. on any day of the week and between the hours of 9:00 A.M. and 2:30 P.M. for school -aged children on school days; providing it is unlawful for any person subject to a curfew hereunder to remain in any public place or on the premises of any establishment within the City of Friendswood during curfew hours; providing it is unlawful for any parent or guardian of a person subject to a curfew hereunder to knowingly permit or by insufficient control, allow such person to remain in any public place or on the premises of any establishment within the city during curfew hours; providing it is unlawful for any person owning, operating, or in the employment of any establishment within the city to knowingly allow a person subject to the curfew hereunder to remain on the premises of such establishment during curfew hours; providing defenses to prosecution for violations hereunder; providing an effective date; providing a penalty of an amount not to exceed $500.00 for each day of violation of any provision hereof; making certain findings; repealing Ordinance No. 2005-18, passed and approved the 25th Day of July, 2005, and all other ordinances or parts of ordinances inconsistent or in conflict herewith; and providing for severability. Seconded by Councilmember Barr. The motion was approved unanimously. **Councilmember Rivera moved to approve the first reading of Ordinance No. T2008-24; An Ordinance of the City Council of the City of Friendswood, Texas, ("City") approving a settlement agreement between the Gulf Coast Coalition of Cities and CenterPoint Energy Entex ("CenterPoint" or "The Company") regarding the company's Statement of Intent to change gas rates in all Cities exercising original jurisdiction; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the settlement agreement and finding the rates to be set by the attached tariffs to be just and reasonable; adopting a savings clause; determining that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; declaring an effective date; repealing any prior ordinances inconsistent with this ordinance and requiring delivery of this ordinance to the company and legal counsel. Seconded by Councilmember Reid. The motion was approved unanimously. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Holbert stated he had no report. Councilmember Reid stated it is exciting to see everything that the Senior Citizens are doing on the front page of local newspapers. Councilmember Hill stated he has heard compliments from the Planning and Zoning Commission on all that Council is doing. Councilmember Barr asked everyone to get hurricane maps ready for the hurricane season and also thanked Pastor Hobratschk for his commitment to Friendswood Independent School District (FISD) and this community. Mayor Smith stated he would like to thank the monthly Friendswood Prayer breakfast group for giving him the opportunity to be the guest speaker, reported the City hosted the Galveston County Mayor and Council (GCM&C) meeting last week and gave a special thank you to Village on the Park for hosting this meeting for the City on short notice. Councilmember Rivera announced Mayor Smith was nominated as Chairman of Galveston County Mayor and Council (GCM&C) and thanked City Secretary Deloris McKenzie and her Staff for planning and coordinating the GCM&C meeting on such short notice and also thanked Potter's Liquor for their support in the community. Mayor Smith closed the Executive Session and stated the Public Hearing is still open for the rezoning 07/21 /2008 2965 COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Holbert stated he had no report. Councilmember Reid stated it is exciting to see everything that the Senior Citizens are doing on the front page of local newspapers. Councilmember Hill stated he has heard compliments from the Planning and Zoning Commission on all that Council is doing. Councilmember Barr asked everyone to get hurricane maps ready for the hurricane season and also thanked Pastor Hobratschk for his commitment to Friendswood Independent School District (FISD) and this community. Mayor Smith stated he would like to thank the monthly Friendswood Prayer breakfast group for giving him the opportunity to be the guest speaker, reported the City hosted the Galveston County Mayor and Council (GCM&C) meeting last week and gave a special thank you to Village on the Park for hosting this meeting for the City on short notice. Councilmember Rivera announced Mayor Smith was nominated as Chairman of Galveston County Mayor and Council (GCM&C) and thanked City Secretary Deloris McKenzie and her Staff for planning and coordinating the GCM&C meeting on such short notice and also thanked Potter's Liquor for their support in the community. Mayor Smith closed the Executive Session and stated the Public Hearing is still open for the rezoning request for 1700 W. Parkwood. CONSENT AGENDA Councilmember Hill left the Council Chambers at this time due to conflict of interest. **Councilmember Reid moved to approve the Consent Agenda as presented A. Approve agreement with Hill Sand Company for debris management services for emergency management purposes and authorize the Mayor to execute the agreement. Seconded by Councilmember Rivera. The motion was approved 6-0. Councilmember Hill returned to the Council Chambers at this time. A motion was made and approved to adjourn at 8:38 PM. r Mayor Dav d J.H. Attest: t 00 4m--�7�, D loris McKenzie, TRMC C City Secretary