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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 _�.�..,.�,,,w..w...u_.._..._..._ _ ... 08/06/O1 1788 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. . ._._.....__.._. _�__._...___..__._..._......�_,_..�.,,�....�...��..���..,..,...._._.�_. �....,�.��...�..�.._,..,....�...,....._._... ... _. _ __...__,.__._�__.._. 08/06lO1 1789 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. �...._._.__..... _ _......_ ......._. _._....__....._�_._..�.....»�..�...w:. _.�......., ......_.�_M_�.....�..»..,.._--- ,.�.�.. .... . _ __..�......�..._.._....._........_.,......�...�...._,_.... 08/06/O1 179a 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 m.�...w�,,,.�.,.�..��,..�.,.a..��.....,,...o...,.,._....o�.�.�.�..-...._._____._.. .__..._.....- -,,_._._..,�,,..,_.�__�......�..... 08/06/Ol 1791 �*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 ....___.....�..__._..,.__. �__...._._..._.�_._...., ��....�-.._....... .� . . .....__...__..__._..�._�.,._.._.__.. ____._.___._.---.___.._ ..