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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:
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D loris McKenzie, TRMC
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City Secretary