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Home My WebLink AboutCC Minutes 2001-12-10 Regular 1837 A STATE OF TEXAS )( , CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( DECEMBER 10, 2001 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, DECEMBER 10, 2001 AT 5:30 PM AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FO�LOWING PRESENT CONSTITUTING A QUORUM: MAYOR HAROLD L. WHITAKER MAYOR PRO TEM LARRY TAYLOR COUNCILMEMBER K17TEN BRIZENDINE COUNCILMEMBER JERRY ERICSSON COUNCILMEMBER TRACY GOZA COUNCILMEMBER KIM BRIZENDINE COUNCILMEMBER MEL MEASELES CITY ATTORNEY KIM MICKELSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE Mayor Whitaker called the Workshop to order. Discussion was held regarding Residential Gated Communities, Private Streets and the definition of existing Subdivisions. Director of Community Development Mike Hodge presented a recap of a previous workshop concerning the issue of gated community with information from a survey of other cities including Sugar Land, League City, and Ailen. Discussion was held regarding private versus public streets, signage, street lights, outlets from the subdivision, public safety issues, varying types of restrictions, use of specific use permit for gated communities, the ordinance to extend to traffic rules to private communities, S.B. 217 —which refers that 25 % of the citizens residing in a private subdivision petitioning for the sarne traffic rules established by the municipality, and discussed the pros and cons regarding restricting the number of lots. it was the consensus of Council to allow for gated communities, discussed the SUP process, deed restrictions, the Homeowners Association responsibility for streets, drainage, signage, a lock box for emergency services at the entrance to the gate, the SUP process for erosion of streets if they become hazardous for the city to deliver service, and recovering costs through the lien process. Discussion continued regarding the definition of existing subdivisions, gated communities, the subdivision of the Lake of San Joaquin - Section One, and a proposed resolution. The Workshop closed at 6:23 PM. Council took a break at this time. Mayor called the Regular Meeting to order at 7:00 PM. The Invocation was given by Pastor Rick Austin from Friendswood Baptist Church. Mayor Whitaker led the Pledge of Allegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Goza had no report. 1838 12J10/Ol � . Councilmember Ericsson had no report. Councilmernber Kitten Brizendine wished everyone a happy holiday season and wished Councilmember Goza a Happy Birthday. Councilmember Measeles wished everyone a very Merry Christmas, reported on attending the Planning and Zoning Commission meeting, attended the Chamber's lighted Christmas parade, was happythat the rain held off for this event, and stated there were nice floats, attended the Children's Center Program with the announcement by Congressrnan Nick Lampson regarding program to provide safe house for children at residential and business areas, and reminded everyone of the Community Prayer Breakfast to be held this Saturday and invited everyone to attend. Councilmember Taylor reported on attending the Chamber luncheon, thoroughly enjoyed the presentation by King's Kids with Santa Claus, attended the Chamber's Lighted Christmas parade, stated that this will be the last meeting of Council for this year and wished everyone a Merry Christmas. Councilmember Kim Brizendine had no report. Mayor Whitaker reported on attending, with City Manager Cox, the buyout meeting with FEMA, and reported on FEMA's downsizing efforts, and reported they will be moving their offices, and wished everyone a Merry Christmas and a prosperous New Year. Communications from Public Andy Armstrong, 10850 Richmond Ave., along with Dr. Horton appeared.before Council regarding the rezoning at the Lake at San Joaquin, thanked Council for their work, stated they are available for questions Council may have and if not, they hope to move on with the progress. Communications from Committees or Special Reports: City Manager Cox presented the third quarter Five Star Spirit Award to Police Officer Ryan Jenkins. Officer Jenkins was nominated by a family that has had contact with him on more than one occasion. They complimented him on being able to handle sensitive situations with care and grace and stated in , their nomination that the, citizens of Friendswood are privileged to have Officer Jenkins in the Friendswood Police Department. Mr. Cox stated that Officer Jenkins "is a testimony to not only the type of police officer we want, but also the type of employee we want for any department." City Manager's Report City Manager Cox reported on several new state laws going into effect in January that will affect out city. Some of them are as follows. Permitting Asbestos Removal to Commercial and Public Buildings — Beginning January 1, 202, the building department will be required to see certification of asbestos control on every commercial and public building in the city. International Residential Building Code — The Legislature is requiring the adoption of this code as the standard code for all cities. The city can modify the code itself, but the basic code must be adopted within the year. National Electric Code—The city is required to adopt the 1999 National Electric Code as the standard. Energy Code — The City is required to adopt an energy code for energy efficiency by September 2002. Mr. Cox also reported on the Disaster Mitigation Planning Grant. The City has learned that FEMA is favorably considering this grant application and has used our city as a model in the application process. The grant is for $49,900 with 25 percent amounting to the city's match. We hope to hear from them soon on funding so that the planning process can begin. 12/ 10/O1 1839 Resolutions _ **Councilmember Kim Brizendine moved to table Resolution No. R2001-44, A Resolution of The City of Friendswood, Texas, declaring a policy to determine what constitutes an existing subdivision. Seconded by Councilmember Goza. The motion was approved unanimously. '��Councilmember Kitten Brizendine.moved to approve Resolution No. R2001-45,A Resolution of the City Council of the City of Friendswood, Texas, amending Appendix D of the Friendswood City Code to establish the rates to be charged by the City of water service in accordance with the Groundwater Reduction Plan, as approved by the Harris-Galveston Coastal Subsidence District. Seconded by Councilmember Measeles. The motion was approved unanimously. Ordinances Councilmember Goza left the Council Chambers at this time and filed a Conflict of Interest for possible confl ict. �"Councilmember Taylor moved to approve the caption of Ordinance No. T20�1-26, First 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.. 66.3119-acre parcel of land from Single-Family Residential District(SFR)to Planned Unit Development District(PUD); granting a Specific Use Permit(SUP)for certain residential uses, said property being out of the I.G.N.R.R. Survey, Abstract 622, and known as The Lake at San Joaquin and described by metes and bounds; providing for 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 violation of any provision hereof. Seconded by Councilmember Ericsson. x�x-Councilmember Taylor moved to amend Ordinance T2001-26 amending the caption to include "imposing certain conditions, and adding as conditions in the ordinance body, review of restrictive covenants by city attorney, inclusion in those covenants adequate language to place property owners on notice of maintenance and replacement obligations for streets, steetlights, assessment by city of costs on the homeowners if repairs are necessary to insure the provision of public services; requiring coordination of gate access with all emergency services, initially and upon change; and requiring notification in the restrictions of the homeowners' rights to petition the city council to enforce ordinances on private streets. Seconded by Councilmember Ericsson. The motion passed 6-0. X*The main motion passed 5-1 with Councilmember Kim Brizendine opposed. Councilmember Goza returned to the room at this time. X-xCouncilmember Kitten Brizendine moved to approve Ordinance No. T2001-28, First and final reading of an Ordinance of the City of Friendswood, Texas, providing for the assessment and coilection of Ad Valorem Taxes on leased motor vehicles; providing for the assessment and collection of such taxes; providing for other matters related to the subject; and providing for severability. Seconded by Councilmember Measeles. The motion failed unanimously 0-7. '�"�Gouncilmember Measeles moved to approve Ordinance No. T2001-29, First and final reading of an Ordinance known as "Budget Amendment II", amending City of Friendswood, Texas, Ordinance No. 2000- 34, passed and approved September 18, 2000 and being an Ordinance approving and adopting the City's General Budget for Fiscal Year 200/2001; providing amendments to such budget; and providing 12/ 10/01 184d other matters related to the subject. - Seconded by Councilmember Kitten Brizendine. The motion was approved unanimously. GONSENT AGENDA **Councilmember Kitten Brizendine moved to approve the Consent Age�da as presented. A. Disposition of Bid No. 2001-18 for the 2001 Asphalt Overlay Street Project to Silva, Inc. in the amount of$400,042. B. Approve appointments to Boards, Committees and Commissions for Group B: 1. Parks and Recreation Board—reappointment of current members Ed Driskill, Pat Garner, Sarah Lambert and Brett Davis; Fourth of July Steering— reappointment of current members Neils Aalund, Mark Clark, Thomas McDonald, Dan Morgan, Nicole Morgan, Greg Myers, Tommy Rives, and Anthony Scarpa and � appointment of new member Carrie Honeycutt; Community Appearance Board — reappointment of ' current members Laura Ewing, Susie Westphal, and Susan Hood; Senior Citizen Advisory Board — appointment of current mernbers Jim DeGrande and Mary Zook and appointment of new member Mae McMullen as an alternate; Investment Committee — reappointment of Bob Bozka and Mike Huss. C. approve acceptance of streets, drainage and utilities for Autumn Creek Subdivision, Section 4, for the contractor's one-year maintenance period. D. Approve an application to the Texas Department of Public Safety for funding video equipment for the Police Department. E. Property tax report for November 2001. F. Minutes of November 12 and November 19, 2001. Seconded by Councilmember Ericsson. The motion was approved unanimously A motion was made and approved to adjourn at 7:46 PM. Mayor Harold L. Whitaker Attest: c . S D loris McKenzie, TR C City Secretary