HomeMy WebLinkAboutCC Minutes 2001-08-06 Regular 1787
STATE OF TEXAS )(
, CITY OF FRIENDSWOOD ){
, COUNTIES OF GALVESTON/HARRIS )(
,, AUGUST 6, Z001 )(
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, AUGUST 6, Z001 AT 5:30 P.M. AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S.
FRIENDSWOOD DRIVE, FRIENDSWOOQ, TEXAS WITH THE FOLLOWING PRESENT CONSTI7UTING A
QUORUM:
� MAYOR HAROLD L. WHITAKER
COUNCILMEMBER KITTEN BRIZENDINE
COUNCILMEMBEF� JERRY ERICSSON
COUNCILMEMBER TRACY GOZA
COUNCILMEMBER KIM BRIZENDINE
COUNCILMEMBER MEL MEASELES
CITY ATTORNEY KIM MICKELSON/JOHN HlGHTOWER
CITY MANAGER RON COX
CiTY SECRETARY DELORIS MCKENZIE
Counciimember Larry Taylor was absent from the meeting.
Mayor Whitaker called the meeting to order.
Council convened into Executive Session in accordance with the Texas Government Code, pursuant to
Section 551-071 —Consultation with attorney concerning pending or contemp{ated litigation regarding
Cause no. 2001-28186 versus the Zoning Board of Adjustment of the City of Friendswood and Section
551-072—Deliberation regarding Friendswood Sports Park and property located next to Centennial Park.
A short break was taken at this time.
Council convened into Regular Session at 7:00 PM.
The Invocation was given by Pastor Jim Neison from Good Shepherd Episcopal Church.
Mayor Whitaker led the Pledge of Allegiance to the United States and to the State of Texas.
Joint Docketed Public Hearine
Mayor Whitaker and Chair of the Planning and Zoning Commission Tom Burke called a joint docketed
public hearing to order to receive comments from the public either oral or written regarding a request to
amend the Specific Use Permit-Church for property located at 6Q6 Cedarwood (Mary Queen Catholic
Church), Lots 1 and 15, Block 3, Friendswood Subdivision, Galveston County, Texas.
Chair of the Planning and Zoning Commission Tom Burke asked the requestor for the presentation.
Mr. Ken Sikes, Director of Real Estate for the Diocese of Galveston and Mr. Gregg Turner, architect for
the project from the firm of Turner and Bain, appeared before Council and presented information
regarding the 14 acres of church property, the first phase which will be the proposed family life center,
the second phase which will a church at Stonesthrow and Cedarwood, stated they will minimize the
impact on the surrounding community, reported they have purchased the Anders property for proper
drainage, moved the family life center as close to Queens Lane as possible, preserving as much of the
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landscaping as possibie, stated there will be no additional parking in phase 1 but will be when the new
- church is built, drainage will be to the southwest into the Anders' property, the plan calls for tearing
� down the current parish home and use the Anders property for a new parish home, the family life center _
will be to the back of the property, discussed property lines, sidewalks, access, detention pond,
� easement, fencing, additional parking, traffic issues, and the existing church-transitional building.
Ms. Evelyn Newman, 502 Falling �eaf, appeared before Counci{ to discuss drainage issues, additional
water going into Cowards Creek, stated she lives across the creek, and the Anders' property will have a
detention pond.
Mr. Clifton Black, 2 Queens Lane, appeared before Council to express his concerns, a�d stated the plan
does not show three nice big homes plus the Anders' home, and discussed access by Queens Lane, use
of the Anders' property as a violation of the deed restrictions, zoning is for single family residences only,
problems with traffic, access being totally blocked at time, emergencies, huge drainage problem, and
changing access for this subdivision.
Mrs. Katha B{ack, 2 Queens Lane, appeared before Council and asked how many members of the
Planning and Zoning Commission making this decision are members of this church with the response
given as Mr. Tom Burke, and Mr. Frank Frankovich.
Mr. Gregory Crinion, Attorneyfor Mr. & Mrs. Clary who reside at 1�402 Oak Hollow Drive, appeared before
Council to express their concerns regarding safety issues, decrease in value, violation of deed
restrictions, property line, users of the life center and parking, odor, trash, rodents, the detention pond,
drainage, and compromises.
Ms. Doris Herd, 204 Stanley Court, appeared before Council to express her concerns regarding drainage,
the detention pond overlaad, and trafific.
Mr. Greg Herring, 207 Cedar Oak, appeared before Council to express his concerns regarding the private
road, future phases, fencing, and stated he is not in favor this at af1.
Ms. Cindy Wathol, 807 Cedar Oaks Street, appeared before Council to express her concerns with traffic,
stated she is a member of this church and concerns with the safety of the children attending the church
and walking, or riding bicycles to church and in the neighborhood.
Mr. Greg Turner discussed the public right-of-way, church heights, stated that drainage issues have been �
resolved with the Clear Creek Drainage District(CCDQ), and the final plan has been submitted to CCDD
and then will go to Planning and Zoning.
City Attorney Kim Mickelso� asked Council and the Planning and Zoning Commission to consider leaving
the Public Hearing open due to the numbers of questions asked tonight and stated the Public Hearing
could be left open all the way through the adoptions of the Ordinances.
The Joint Docketed Public Hearing was recessed for future meetings at 7:55 PM.
Mayor Whitaker called a pubfic hearing to order to receive comments from the public either oral or
written regarding the City of Friendswood submitting an application to the Texas Department of Housing
and Community affairs for the Disaster Relief Fund or the Urgent Need Fund.
Ms. Cathy Cleveland, a resident of Quakers Landing subdivision, appeared before Council and asked
about the city participating in the buy out with Mayor Whitaker advising this would be addressed later in
the meeting.
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Mr.Jerry Lyle, 5 Whittier Oaks, Quakers Landing subdivision, appeared before council and asked whythe
- amount the city was requesting for the buyout grant was only for$350,000 with Mayor Whitaker advising
s that the city is only allowed this much in this one-time grant.
� Hearing no further comments, the Public Hearing was closed at 8:00 PM.
Communications from Mayor and Councilmembers
Councilmember Kim Brizendine had no report and stated he enjo.yed the time off.
i
Councilmember Measeles stated he also enjoyed the time off and had no report.
Councilmember Goza had no report.
Councilmember Ericsson reported he recentiy saw a documentary that showed the phrase "under God"
was added to the Pledge of Allegiance during World War II.
Councilmember Kitten Brizendine reported on attending the Prayer Breakfast and enjoyed the time off.
Mayor Whitaker reported on attending a number of ineetings relative to the flood and to financial
planning to assist with the buy-out program.
Communications from Public
Mr. Curtis Post, 708 Doral Court, Sunmeadow Subdivision, appeared before Council to express his
concerns regarding flooding on Doral Court and in the subdivision,with a powerpoint presentation
showing the flooding during Tropical Storm Allison. Mayor Whitaker stated he will have Clear Creek
Drainage District and the city staff 400k into this problem.
Citv Manager's Report
City Manager Cox reported that the City has been assisting to some extent, a private nonprofit group,the
Clear Creek Environmental Foundation, in providing resources for the group to clean a►ong Clear Creek.
Mr. Rex Ward is president of the foundation and has been doing these annual clean up projects along the
creek for two years. Mr. Ward started most recently at the I-45/Clear creek Bridge, and has worked his
way up stream for the last six or seven weekends. During this time his group has removed entire trees,
boats, children's toys and furniture, flood-related debris, tires, white goods, and many other items. The
purpose is to keep the creek area cleaner, but it also has the bonus effect of improving drainage along
the area. The City appreciates the wark of Rex Ward and his team members. Mr. Cox also reported on
flood response information which included that over 11,000 cubic yards of debris were accumulated, not
counting the household hazardous materials and white goods that were collected separately,there were
three public meetings where over 500 people attended informational meetings on permitting processes,
rules for repair, buyout possibilities, and FEMA's role and responsibilities. Now over 100 permits have
been issued for repair to damaged homes and 28 substantial damage letters have been issued to
homeowners. Of the 200 homes identified in the FEMA Buyout Project application, 111 have responded
now, and 102 have completed applications to participate in the buyout project. A meeting will be held
with each of these applicants to let them know what the timing and process will be for the project.
Councilmember Ericsson stated that during the Galveston Mayors' and Councils' Meeting he heard
comments form a City of Dickinson Councilmember as to how quick the response was to the flood
victims, and stated that we do not want to lose sight of the Clear Creek project and continue to work in
support for that project.
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Councilmember Kitten Brizendine asked where Mr. Rex Ward get his equipment, with the responsefrom
, City Manager Cox that he has a small fleet of board, League City vo4unteered equipment and manpower,
• Waste Management, and Friendswood volunteered to do the same for the next clean-up. Councilmember .
Brizendine stated that a letter from the city thanking him would be appreciated.
ACTION ITEMS
�*Councilmember Kitten Brizendine moved to remove item that was tabled at the July 16, 2001 Council
Meeting regarding appointments/reappointments for boards, committees, and commission.
Seconded by Councilrnember Kim Brizendine. The motion passed 5-1 with Councilmember Goza
opposed.
**Councilmember Kitten Brizendine moved to approve appointments/reappointments for Group A:
Planning and Zoning Commission—reappointment of Robert Bertrand, Zekie McVeigh, and Tom Burke
for another three-year term; Zoning Board of Adjustment—reappointment of Ron Decker, David 0'Brien,
David Qannemiller, and Ron Bazzy for another two-year term; Construction Board of Adjustment and
Appeals—Tom Burke,Terry McHugh, and Monique Hammett for another four-year term; Community and
Economic Development Committee — Maurice Estlinbaum, Kenny Koncaba, Gary Harris, and Tony
Banfield for another two-year term; Library Board — Ruth Lay, Margaret Limmer, Elizabeth Finger and
Steve Huffman for another two-year term.
Seconded by Counciimember Kim Brizendine. The motion was approved unanimousfy.
�*Councilmember Kitten Brizendine moved to approve action regarding FEMA Buyout Grant Program and
authorizing participation in the 25 percent match not to exceed $2.2 million dollars of city funds and
authorize the Mayor to execute the necessary documents.
Seconded by Councilmember Measeles. The motion was approved unanimously.
**Councilmember Kitten Brizendine moved to approve authorizing negotiations with fiood damaged
property owners for the purchase of their property and authorizing the Mayor to sign the closing
documents.
Seconded by Councilmember Measeles. The motion was approved unanimously.
**Councilmember Kitten Brizendine moved to approve authorizing the Interlocal Agreement with Harris
County for matching contributions to the FEMA Buyout Program and authorizing the Mayor to execute
the agreements.
Seconded by CounciVmember Ericsson. The motion was approved unanimously. �
�'�Councilmember Kitten Brizendine moved to approve authorizing a contract with Dan Ward for
consulting services related to the purchase of properties in the FEMA Buyout Program and authorizing
the Mayor to execute the contract.
Seconded by Councilmember Measeles. The motion was approved unanimously.
RESOLUTIONS
�`*Councilmernber Ericsson moved to approve Resolution R2001-35, A Resolution of the City Council of
the City of Friendswood, Texas, authorizing the submission of a Texas Community Development Program
application to the Texas Department of Housing and Community Affairs for The Disaster Relief Fur�d and
authorizing the Mayor to act as the City's Executive Officer and Authorized Representative in all matters
pertaining to the city's participation in the Corrimunity Development Program.
Seconded by Councilmember Measeles. The motion was approved unanimously.
ORDINANCES
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�*Councilmember Kim Brizendine moved to approve Ordinance No.T2001-17—Second and final reading
• of 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
' 3.0322-acre tract of land from Single-Family Residential (SFR)/SUP-Drainage District Office to Business
Park (BP), such tract being situated in the George W. Patterson Survey, Abstract No. 645, commonly
known as 1301 W. Parkwood, and within the City Limits of the City; providing for the amendment of the
City's official zoning map; repealing Ordinance No. 79•1, passed and approved the 19t'' day of February
1979, and all other ordinances or parts of ordinances inconsistent or in conflict herewith; providing for
severability; and providi�g a penalty in an amount not to exceed $2,000 for each day of violation of any
; provision hereof.
' Seconded by Councilmember Ericsson. The motion was approved unanimously.
'F*Councilmember Ericsson moved to approve Ordinance No. T2001-18—Second and final reading of an
Ordinance ar►�ending Appendix C of the Friendswood City Code, said Appendix C being City of
Friendswood, Texas, Ordinance No. 84-15, as amended, originally adopted the 19'h day of November
1984, and being the Zoning Ordinance of the City, by changing the Zoning Classification of a certain
1.0356-acre tract of land from Multi-Famify Residential-Medium (MFR-M)to Neighborhood Commerciaf
(NC), said tract being situated in the Mary Sloan Survey, Abstract No. 184, Galveston County, Texas, and
within the City; providing for the amendment of the official zoning map of the City; providing for
severability; and providing a penalty of an amount not to exceed $2,000 for each day of viofation of any
provision hereof. (FM528-Chevron Handi-Plus). Seconded by Councilmember Goza. The motion was
approved unanimously.
CONSENT AGENDA
**Councilmember Kim Brizendine moved to approve the Consent Agenda as presented.. A. Payment of
Capital Projects. 1. Ground Storage Tank Rehabilitation with a payment in the amount of$4,134.25 to
Wayne Smith & Associates for engineering services. To date, 65 percent of the contract has been
expended. 2. Friendswod Link Road with a payment in the amount of$3,374.00 to Texas Department of
Transportation for project review costs. To date, 7 percent of the contract has been expended. 3.
Beamer Road Purnp Station and waterline with payment in the amount of $22,298.14 to Klotz
Associates, Inc. for engineering services. To date, 8 percent of the contract has been expended. Total
payments were $29,806.39. b. Disposition of RFP Na. 2001-06 for the Proposal for Employee Health
{nsurance Coverage to Aetna. C. Approve grant application for telecommunications Infrastructure Fund
for Library. D. approve Banner Permit Applications— 1. Chamber of Commerce Annual Trade Show. 2.
FVFD Annual Open House. Charnber of Commerce Annual Holiday Parade. E. Seconded by
Councilmember Kitten Brizendine. The motion was approved unanimously.
A motion was made and approved to adjourn at 8:44 PM.
Mayor Harold L. Whitaker
Attest:
' s .
D loris McKenzie, TRMC
City Secretary
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