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Home My WebLink AboutCC Minutes 2002-06-17 Regular � = 1903 , � ST�TE OF TEXAS )C - � C(TY OF FRIENDSWOOD }( . . �COUNTIES OF GALVESTON/HARRIS )( �JUNE I7, 2002 )( M'INUTES OF A REGULAR-MEETIf�G OF THE FRIENDSWOOD GITY COUNCIL'THAT WAS HELD ON MONDAY,.JUNE 17, 20Q2 AT b.00 PM AT FRIENDSWOOD CiTY HALL COUNGIL CHAMBERS, 910 S. FRfENDSW00D DRIV.E, FRIENDSWOaD, TEXAS, W1TH THE FOLLOWING PRESENT.COiVSTITUTING A QUORUM: MAYOR HAROLD L. WHITRKER - MAYQR PRO TEM TRACY GOZA COUNCILMEMBER KITTEN BRIZENDINE COUNCILMEMBER KIM BRIZENDINE COUI�CILMEMBER SHANNON KlMMEL COUNCILMEMBER MEL MEASELES CITY ATTORNEY JOHN OLSON . C1TY ATTORNEY LOREN SMITH � CITY MANAGER RON COX - CITY SECRETARY DELORIS MCKENZIE Councilmember Ericsson was absent from the rneeting due to a death in his wife's family. Mayor Whitaker called the meeting to orcler, EXECUTIYE SESSION Councii convened into Executive Session in accordance with The Texas Government Code, pursuant �o Section 551.071, Consuita�tion with Attorney concerning pending or contempiated litigation; or a S��t��mon� �ffor� S.o�+��n. �51 C�177 I�o(�har�±��n ro�rUrr��n� rnu,. �r�.�nr+� . Council re-convened into regular session at 7:Q0 PM with no action taken. The Invocation was given by Assaciate Pastor John Wise from Friendswood Community Church. Mayor Whitaker led the Pledge of Allegiance to the United States and to the State of Texas. JOIN7 DOCKETED PUBLIC HEARING Mayor Whitaker anc! Chair of the Planning and Zoning Commission Tom Burke called a Joint Docketed Public Hearing to order to receive comments, either oral ar wrTtten, regarcling a r.eques�t for Zone classification change for 1.9495 acres at 4645 Mandale Road from Single Family Residentiaf (SFR to Business Park (BP). , Mr. Wayne Robinson,Agent for the property, appeared before Council and explained that}he property is appraxirnately 10 acres, with only the propased driveway in the City of Friendswood, and that ti�e property would be cievelopment as a business park. Hearing no further comments, this portion of the Joint Docketed Public HearFng was ciosed. . Mayor Whitaker and Chair of the Plannin� and Zonin�Gommission Tom Burke eallec[ a Joint Dockefed Public Hearing to order to receive comments, either oral or wri�ten regarding a request for a.zone c[assification change for property loeated in tne 25Q0 block af W. Parkwood Drive(proposed River Oaks 6/ 17/02 � 1904 E Subdivision}namefy22.4579 acres from SFR(Sing(e �amily Residential)to MFR-Medium(Mu[ti-Family Residential --Medium Density), 1.0356 acres frorn NC (Neighborhaod Commercial) ta MFR-M (Multi- 'Family Residen�ial — Medium Density) and 9.8805.acres from SFR (Singie Family Residential) to CSC � �(Community Shapping Cen�er�. Mr. Stan Winters, Architect representing Vernon Henry&Associates, Ray Tiejde, President of Millennium Development, Inc. Bryan Whitney representing Dannenbaum Engineering, Golf Pro Brent Nichois and Janis Lowe, Agent for the develaper, appeared before Cauncif and presented renderings of the proposed rezoning areas, discassed County Club Drive re[ocation and re-design fo accommodate the project, the phases of development, drainage, detention, construction traffic,qresented information on the proposed project,,the I967 Master Plan for Sun Meadow, hausing for older and younger famifies, school population, increased �ax base, impraved drainage, and Vision 202Q. , Ms. Faye Ro6erson, 422 W. Casfle Harbor, appeared before Council to express concerns regarding traffic problems, flooding, safety of children waiking to children, school Iocated next ta a shopping center, thanked everyone in attendance from th� Sun Meadaw Subdivision, and sta�ed that this proposed rezoning is not wanted. � - Mr: Walt Champion, 608 E. .Castle Harbor, President .of the Sun Meadow Homeowners Association, . appeared before Council to express his concerns, and asked for a show of hands of those in attendance #rom Sun Meadow Subdivision who are opposed to destroying the golf course, stated he lives in a golfi course community and no other community in the United States has had a golf course that has been built oVer, and that he moved there to be in the golf course community. - Mr. David Manser, 1524 Club House Drive, appeared before Council, and stated he cha{lenges sorne of the statements made by the developer, expressed concerns regarding drainage and holding ponds, low water pressure, stated buiiding will cause add�tional problems, stated he is concerned with what is proposed to be built, and spoke about Vision 2020. Mr. John Hall, 4434 Glen EagLes, appeared before:Council and stated that he was born and raised in �ri�i��$��/��v�u� Siui�°u I-h°� ��'�.S°�. ±v ii.�n �°�r°� �e�u�.i$° iiii$ i$. u �vi�iiiiiulii�y tiiG�i�i v°if°v° iri ivieruii�°� accepting other ideas and points of view, and expressed concerns regarding the development, the� crowding of Sun Meadow, spoke about the application af Vision 2020, stated citizens are the ones that pay taxes that run the city, and that the decision to approve t}iis proposed rezoning is a bad decision and is only gaod for those that will make money. ` _ . . , . . i Ms. Joyce Healy, 210 W. Castle Harbor, appeared before Council to�xpress her concerns regarding the ! proposed rezoning and reminded Council of the businesses thaf are closed in Friendswood, and stated no matter tiow much lipstick you put on this pig, it still stinks. Mr. Dan Parkinson, 621 W. Castle Harbor, appeared before Council, and stated he is vehemently opposed to the proposed re-zoning, presen-ted a copy ofi the Multi Listing Statement of the horne he bought last year that listed his home "on the golf course", discussed questions and facts from Millennium, presented picfure af his back yard showing trash, drainage, etc, and asked Council to listen to the voice of the many people opposed to the praposed rezoning, and not to the voice of a few. � Mr, Carmen Wafton, 447 0[d Course, appeared before Council and stated he is 82 years old and has been married 62 years, stated he paid a premium price far his home because it was on the golf course, stated he feel safe in his home, and stated he is begging Council to keep the peace of the subdivision. Ms. Paula Odd�,, L48 St. Andrews, appearecl. before Counci( to express her concerns regarding the praposed rezonin�, and expressed concerns regarding floocfing, and siated she did not want to see hole #17 rezoned Community Shopping Genter because it would take away the.golf course. 6/ 17j02 • 1905 � _ Ms. Laura Higgins, 245 St. Cloud, appeared before Gouncil fo express her concerns regarding the proposed rezoning, and stated that she bough� her hor�e on the 17th green in 1993, stated she was assurec! by the realtor that it would remain as is, and expressed corrcerns regarding the infrastructure, �drainage, losinggreen space, the developmen�resulting in e�hical,financial and legal implications and iI1 wi(I and asked who woufd benefit from the green space proposed in the new development. Ms. Grace Edwards appeared before Council and expressed concerns regardingthe proposed re-zoning and increas�d taxes. Dr. Larry Smith; a resident of Sun Meadow for 35 years, �ppe�red before Co��ncil to Pxpr�ss I-,�� opposition to the proposed rezoning and asked for a show af hands of those in favor of the praposed rezoni ng, whicl� there were none, and stated he has'personally spoken with Bobby Crawford, one of the originaf,developers of Sun Meadow and stated there was never a plan to develop the goif course into single family residential, and questioned whether Chair Burke has a Conflict of Interest wifih Chair Burke asking Mr. Smith to talk to the City Attorney regarding Canflict of Interest and the Code of Ethics and stated without any financiai interests in the deve(opment, Chair Burke did not know how' a Confiict of Interest existed. � Mr. Richard Kelly, 305 E. Castle Harbor; appeared before Council to express his opposition to the proposed rezoning, stated he was sold his home. as golf course property and expressed concerns regarding property values a:nd asked if the developer could be made to put up a performance bond. Ms. Ruth Pifer, 504 Old Course, appeared before Council regarding the proposed rezoning and stated • she did not understand one school child per unit_ Mr. Christian Smith, 228 Palm Air, appeared befiore Council regarding the proposed rezoning and stated the Deed Restrictions do not allow any changes to the golf course. Ms. Jenny Litflefield, 255 E. Castle Harbor, appearecf before Cauncil to express her opposition to the proposed rezoning based on the Deec! Res�rictions, and her concerns regarding loss of property values, and the loss of the beauty of the homes. Mr. Wesfey Welis, 629 Castfe Harbor, appeared before Council in opposition to the proposed rezoning and stated he has had water in his home four times, and expressed his concerns regarding detention ponds, and against the proposed rezoning because it would deva(ue the current homes. Mr. Jeff Benson, 457 E. Castle Harbor, appeared before Council in opposition to the proposed rezoning and stated he bought his home from his fatF�er-in-law who was the original owner, is concerned that the wildlife would disappear, and stated he would hate to see �he change in the community, and for the record, he is opposed to the rezoning. Mr. Charles Priest, Castle Harbor, appeared before Council, and stated his concerns regarding ffooding, increased taxes, and a drop in tax revenue when the golf course is taken out. Mr. Jeff Baker, 243 Castle Harbor, appeared before Council and stated �e has lived in Sun Meadow for 15 years, and expressed concerns regarding the proposed rezoning and spake about the condition of the golf course and repairing the greens_ � Mr. Paul Healy, 210 W: Castle Harbor, appeared before Council and stated Chairman Burke shouid recuse himself from the d#scussion due to a ConflECt ofi Interest Mr. ,alber± Kelly;322 G(en Ea�les; appeared bef�r� C�urci( ar� st�t°d he;�u.rchased his home i.r: Ia7� frc�m Ry[�nd Homes as a gc�ff cc�urse h�me, sfate�l he s�c?ke vvit� Mayc�r I �u,rP rn 1�3RLf. a�� u,,a� t��I at thaf time that the area would remain.a goff course, and expressed concerns that non-residen�ts appficants are getting more rights than current residents, cancerns regarding a lower qua{ity of fife, flooding, light 6 /17/OZ � 1906 ` � poflution, detention facilities, and infrastructure problems �Mr. Louis Fincher, 344 St. Cloud, appeared before.Council and stated he purchased his homs in 1971 � � and had spoken to Mayor �owe at that time and Mayor Lowe wanted Sun Meadow area to be a part of the Ci�y and recognized the lack of park space and felt the golf course would be far the goad of the communi�ty. Mr, Clive Jackson, a resident of Sun Meadow, appeared befiore Councif and stated lie used to sell homes for Ryland Homes and sold the hornes in Sun Meadow at a premium because fihey wPrP on thP ��it Cou rse.._ � Ms. Annetta Dinjar, 2863 Wimbledon, appeared before Council to express her concerns regarding the proposed rezaning and the impact that the townhomes would have on current school capacities in Klein and Windsong schools. Mr. Zeke Silva, 389 Dawn Hill, appeared before Council in opposition to the proposed rezaning and questioned the intent of the developer based an their upkee� of the goff course. Ms. Loretta Pike, 224 Palm Air, appeared before Council in opposition to the proposed rezoning, and exp.ressed concerns regarding a drop in value from the Galveston Coun�y Appraisal District. � Mr. Kevin McConway, 444 E. Cas�le Harbor, appeared before Council in opposition to the proposed � rezoning based upon Millennium Corp, not. doing any improvements to the golf course and stated he personalfy mowed the area between the cart path and his yard. Mr. Tim Hearning, 1522 Club House, Windsor Estates, appeared before Council to express his concerns regarding safety and the loss of his view of the 18�'' green. Mr. William Grace, 2823 Fairway, a�peared before Council and stated his home back up ta the golf course, and expressed concerns regarding the foss of privacy,'a decrease in property values, and stated h@ :.'2�5 f^ ON�vSiiivii �O i�8 j,�O�:,^vS2C�., I'2ZCI�iP� a��u icC�ucSiSu iiic �7ivNciiy.iciiiaiii Siii�i� �aiiiiiy Residential and golf course. � Mr. Randy Wl�orl, 249 Palm Air, appeared before Council and stated that he just bought his home 23 days ago and did not want to see any changes in the area. Ms. Carol McDonald, 2913 Pa(rn Air, appeared before Council and stated she had paid a pre�nium for her � golf course lot and expressed her concerns regarding additional flooding, safety, and does no� want people looking in her back yarc[. Mr. Bob Alexander, 2829 Fairway, appeared before Council in opposition to the proposed rezoning and stated that the rezoning would prevent access from Windsor Estates to the golf course access easement. Ms. Janis Lowe, agent-for Millennium, responcfed that the school impact was an increase of 1 student per 10 multi-family uni�ts based on her research an similar developments in Friendswood and that most open space in t�he propo5ed development would not be gated aff. However, �he nev✓ subdivision would be responsible for the maintenance of recreationaf facili�ies that would be restric�ted to the new subdivision's � residents. _ Ms. Ne[I Smith, 231 Castle Harbour, appeared before Couneif and stated she was a 22 year resident and enjo,�s fhe�olf cotarse triev�e from her h�me anc� t5at she chese to five in Friends�vcod becaus� cf the gcif course. Mr. Ray Tiejde, Presiden-t of Millennium, asked the Commissian and Council to stay focused on the � I b/17J02 � 1907 ' rezoning issues and wouid like to develop and implement the best p(an for the area. Mr. Paul Duplechain, 703 Main Street, Houston,Att.orneyfor�he app[ican�, responded thatthere were no �deed restriction an file and no easements on fi[e for the go[f course or surraunding area and that discussion regarding deed restrictions was out of bounds'of the rezoning issue and could not comment on how Ry�land Homes has represented the sales of the fots in Sun Meadow and also stated that documents refated to the involvement of the Henley's and �he Lowe's were available as public records. Hearing no further comments, this portion of the Joint Docketed Public Hearing was ciosed at 9:Q6 PM. COMMUNtCATIONS FROM THE MAYOR AND CC}UNCILMEMBERS Councilmember Measeles had no report. Councilmember Kimmel �ad no report. , Counciimember Kim Brizendine had no reqDrt. Councilmember Goza had no report. Councilmember Kitten 8rizendine complimented the sfaff on the Council Retreat,and reminded everyone ofi the Prayer Breakfast this�Saturday. - Mayor Whitaker had no report. COMMUNICATIONS �ROM THE PUBLIC Mr. Sam Ralph introduced Mr. Caivin Wa[ker, President of the Bay Area Crime Stoppers Program. Mr. WaEker made a fengthy presentation regarding the scope, goal and cost of the Crime Stoppers Program, discussed the safety of schools, establishing a campus program with a liaison officer, and soficiting �p'� t' � p t <.� t "t �f l' g+,: f,.� � +, � + i.� .� f ,�� + a iiCa ]viiS iiviii Catii US S Uucii S 'v'✓i Q aic VJi iii w �viili aii S23"Jc vii a 5�u cii� var�a Oi uiicC�viS, Ai.so discussed were the benefits of the program, operation, and reporting. Mr. Walker extencied an invitation for either a member of the Friendswood Independent School District or a campus advisor be appointed to sit on the Board o:f Directors of the Crime Stoppers Program. CiTY MANAGER'S REPORT Gity Manager Cox repor�ed on the use of First Cafl by Friendswood Independent Schoof District. The report stated: "The �irst Call system was activated on the morning of May 17, 2002 due to a small fire at Cline Elementary. The City of Friendswood and Friendswood ISD had a.prior agreement that made them an au�horized user of the First Call system to use the system as needed. T�e First Call system was activated on May 17, 2002 at 9:27 a_m. by FISD Superintendent Walter Wi)son after a meeting with Fire Marshal Terry Byrd. Walter Wilson recorded a one-minute message that was successfully deiivered to 5,I24 residents. The-tatal cost of the FISD First Call activation was $6,476." ORDfNANGES -x"Councilmember Gaza moved to approve Ordinance No. T2002-1Q: Second and Final reading of an Ordinance of the City of Friendswood, Texas, alteringthe prima facie speed limits established forvehides under the provisions of Section 545.356, Texas Transportation Code, upon the basis of an engineering a�d traffic �nvesti�a±ion; upon cer±ain streets and hi�hways �n�ithin the Git��, ±a�vit: alon�FM528 a School Zone from the centerline of Blackhawk Boufevard to 2I1 fee-t easf of West BayArea Boulevard, a distance of approximatefy 0.500 mife, the speed (imi-t shafl be "30 MPH"when flashing; and providing a penalty of an amounf of not less than on;e dollar ($I.Od) nor more than$20Q violation of any provision hereof. b / 17/02 � 1908 � Seconded by Councilrnember Kim Brizendine. The motion was approved unanimousfy. ��` Counciimember Kitten Brizendine moved to approve Orclinance.No. T2002-13; �irs� Reading of an �OrcEinance amending the Code of Ordinances of the City of Friendswood, Texas, by deleting therefrom a[I of Ghapter 82 and substitufing therefoce a nsw.Chapter 82;providing rules and regulatians gov�rningthe towing of vehicles within the City; providi-ng other matters related to the subject; providing a penalty of an amount not to exceed $1,000.0� for each day of violation of any provision hereof; repealing all ordinances or parts of ordinances inconsistent or in canfiict herewith; and providing far severabi[ity with an amendment for towing char�es, Seconded by Councifinember Mzaseles. The mo�ior� was approved unanimousiy. i CONSENT AGENQA � x�`Cauncilmember Kim Brizendine moved to approve the Consen� Agenda as presented. Payment of Capital Projects. 1. 2001 Asphalt Street Improvemenfs with the final payrrtent in the amount of $247,036 to Silva, Inc. To date, 100, percent of the contract has been expended. Final payment in the amount of $495.00 to Stork Southwestern Laboratori�s far materi�f test�ng serv�ces. T� �ate, 1QC� percent o#the contract has I�een expended, 2. Ground StorageTank Rehabilitation with payment in the amount of $1,729.00 to Stork Southwestern Laborataries for material testing services. To date, 16 percent of the contract has been expended. Total payments were$249,260.00. B. Approve acceptance of utifities and drainage for The Lakes of Fafcon Ridge subdivision for the contractor's one-year maintenance period. C. Approve Resolution R2002-3�, authorizing intervention in First Choice Power, - Inc_'s application to increase Priee To Beat Fuei Factors .filed at the PUC, Docket No, 24885. D. Proper�y Tax Report. E. Approve the Minutes of May 20, June 3, and June ld, 2002 Council meetings. Seconded by Councifinember Kitten Brizendine. The rnotion was approved unanimousiy. , �� Mayor Har�old L. Whitaker , Attest: f'� � i • / ` D loris McKerizie, TR �' City Secre�tary \