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HomeMy WebLinkAboutCC Minutes 2002-07-15 Regular , 1913 STATE OF TEXAS )( . CITY OF FRIENQSWOOD )( � . - 'COUI�TIES OF GALVESTON/HARRIS )( �J U LY 15, 2002 )( . _ MINUTES OF A REGULAR MEETING Of THE FRIEIVDSW04D CITY GOUNGfL THAT WAS HELD ON MONDAY, JllLY 15, 2002 AT 6:00 PM AT FRIENDSWOOD GITY HALL GOUNCIL CHAMBERS, 910 S. FRlENDS�,�1rJ�D �JR!VE, FRlER�SV;�O�JD, TEXP,S, V;fITN TN� F(,�f I :QWIl�jl� PR,FSE;�IT Cnr��TiTi,�Ti�r q QUORUM: MAYOR HAROLD L'. WHITAKER MAYOR PRO TEM TRACY GOZA , COUNCILMEMBER KfTTEN BRIZEN�iNE COUNC[LMEMBER JERRY ERICSSON COUNCILMEMBER KIM BRIZENQINE GQU�lClLh�IEMBER SHAR��!C�N KIN!MFL COUNCILMEMBER MEL MEASELES GITY ATTORNEY LOREN SMITH GITY MANAGER RON COX � CITY SECRETARY DELORIS MCKENZIE Mayor Whitaker called the meeting to ortler.. EXECUTlVE SESSION � Council convened into Executive Session in accordance with The Texas Government Code, pursuant to Section 551.072, Deliberation regarding real property and Section 551-Q74, Discussion regarding Personnel Matters. Councii convened into Regular Session wifh no action raken. � REGULAR SESStON Mayor Whitaker called the Regular Session to order at 7:00 PM. The Invocation was given by Associate Pastor Chris Norton from Friendswood United Methodist Church. Mayor Whitaker fed the Pledge of Aliegiance to the United States and to the State of Texas. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS Councilmember Measeles had no report _ Councilmember Kimmef had no report Councilmember Kim Brizendine has na report Councilmember Goza had no report C^�';�Cllrr�n�,-�hoY Frl��SOii r4�^riv-'�� e� �i����:n� k�":e �B�V'�5���i �Q�.�tj� M�}�0"� �"iG� �Q��C!�i71c'1'?�E' mee�irg�,v[th th��uest spe�lter fr�m th� F`J!"+ ��^d Schoc! L�i,tric} P�iicP Fer�e udclressing�ss��es ip the school sys�em, attended the Hous�on/Galveston Area CounciE meeting, reparted on a new cornmittee being created and being appai,nted as Vice President and may need to ca11 on Friendswooc!'s Emergency 7/15/02 . 1914 , Management Caordinator to provide information. � - 'Councilmember Kitten Brizendine #hanked the city staff and volunteers for a wonderful 4-th of July celebration. Mayor Whitaker afso commended the staff and volunteers for a wonderful 4th of July celebration. COMMUNICATIONS FROM THE PUSLIC Mr. Ricf�ard Keliy, 305 E. Castle Harbor, appeared before Council in opposition to the proposed rezoning � of property located in the Sunmeadaw Subdivision and askec[ Council to make decisions on the reverse ' side and help the Sunmeadow resiclents get a tax discount on Ioss af p'roperty. Ms. Paula Oddo, 148 St. Andrews, appeared before Councii in opposition to the proposed rezoning of property located in the Sunmeadow St�bdivision, and asked Council how many people have sent correspondence to City Council and how many responses have peaple received, stated that Council hofd the fGtu��s of th° hcmeo�h,^ers i^ th°{r srasp, and asked Courc;! to v�te no ±� �e�a� CI@Vaip�mant �n S�n . Meadow. . Ms. Joyce Healy, 210 +N. Castle Harbor, appeared before Council in oppositian ta the proposect rezoning of property located in the Sunmeadow Subdivision, and read a statement before Council stating she has been a resident in Friendswood for 30 years and Friendswood is no longer a small t�wn, stated that there - are a number of closed commercial establi5hments and the town looks trashy, compared shopping at area cities, stated there is trash in the in�ersection, stated there is lost pride in the city, the.onlything positive is our schools, and asked Council to vote no for the proposed rezoning. Ms.Carmen Walter, 447 Old Course, appeared before council in opposition to the proposed rezoning of property located in the Sunmeadow Subdivision, stated he is 83 yea�s old, and read a letter regarding moving to Friendswood, and that he wanted peace and protection, and begged Council to not go through with the rezoning, and asked pro�tection of senior c,itizens in the Sunrneadow Subdivision. , Ms. Janis Lowe, 401 Forest Pines Court, Agent for the River Oaks at Friendswood, appeared before Council in support of the proposed rezoning of property focated in the Sunmeadow Subdivision, and reported on the current situa.tion of the River Oaks at Friendswood, stated a citation from the Sunmeadow subdivision was received, asked Council to table the Rezoning to al(ow all parties to resolve the lawsuit, stated they are proceeding with development with the closing of 9 holes on the golf course, asked Council to allow this subdivision to proceed, stated their goai is to meet the 2020 Vision, and stated they will get through the litigation before them and move forward. Mr. Bob Ofiver, 209 Palm Aire, appeared befare Council in opposition to the proposed rezoning of property located in the Sunmeadow Subdivision, and presented information packets to Gouncil, stated this is a joint venture of the subdivision, and the golf company presented a sketch on how the golf course was put together and that it was meant to be a golf course from the beginning, presented Section l, 2, and 3 showing joint ownership by Sunmeadow Development and Sunmeadow Golf Course, presented Deed Restrictions signed by all tl�ree companies referring to housing and the go(f course, and stated he does not see how the golf course can be made into additional housing. Ms. Faye Roberson, 422 W_ Cas�le Harbor, appeared before CounciI regarding the proposed rezoning in Sunmeadow Subdivision, and expressed concerns regarding flooding, drainage, and high density, asked Counci.l to vote agains-t the,proposed rezoning, asked Council to please do not allow the application for r°Z^Ilil?6 i0 h6 1'�'i�:?�`^Gh''n, Si��t.''.;.;,!��?g �F�fal�re�ha� �i�8�ci?� �Ee�tcy Ctat2`1 tl?'2 C�2VE�Q�2i i��i`c'-��t"�['g th� �ite�cr pre�araticn }o prccpp� �ti�ith��ut permi±s, �hey are v!earing�he back 9 heles, ?�?d ?Gked th?f Ms. Janis Lowe abide by the law. 7/ 15/02 , I9I5 � Coordinator to provide information. Councilmember Kitten Brizendine thanked the city staff and volunteers for a wonderful 4{�' of July �celebration. Mayor Whitaker also commended the staff and vo(unteers for a wo�derful 4th of July celebrati:on. COMMUNICATIONS FROM THE PUBLIC Mr. Richard Ke{ly, 305 E. Castle Harbor, appeared befiore Council in opposition to the proposed rezoning af property located in the Sunmeadow Subdivision and asked Council to make decisions on the reverse side and help the Sunmeadow resid:ents get a tax discount on loss of property. Ms. Paula Oddo, 148 St. Andrews, appeared before Council in opposition to the proposed rezoning of property located in the Sunmeadow Subdivision, and asked Counci! how many people have sent correspondence to City Council and h.ow many responses have people received, stated that Council hold ±h�f��±f�rPs �f±he homeown�rs in th�ir gr�s�� �nc� �sked Coun�il t4 vot� no tc� n�w develp�ment in Sun Meadow. Ms.Joyce Healy, 210 W. Castle Harbor, appeared before Council in opposition to the proposec�rezoning of property located in the Sunmeadow Subdivision, and read a statement befare Council stating she has been a resident in Friendswood for 30 years and Friendswood is no {onger a small town,stated that there - are a number of closed commercial establishments and the town looks trashy, compared shopping at area cities, stated there is trash in the intersection, stated there is lost pride in the city,the only thing positive is our schaois, and asked Counc"il to vote no for the proposed rezoning. Ms.Carmen Walter, 447 Old Course, appeared befiore council in opposition to the proposed rezoning of proper�y located in the Sunmeadow Subdivision, stated he is 83 years old, and read a letter regarding moving ta Friendswood, and that he wanted peace and protection, and begged Council to not go through with the rezoning, and asked protection of senior c:itizens in the Sunrneadow Subdivision. , Ms. Janis Lowe, 401 Forest Pines Court, Agent for the River Oaks at Friendswood, appeared before Council in support of the proposed rezoning of property located in the Sunmeadow Subdivision, and reported on the current situa,tion of the River Oaks at Friendswood, stated a citation from the Sunmeadow subdivision was received, asked Council to table the Rezaning to allow a(I parties to resolve the lawsuit, stated they are proceeding with development with the closing of 9 ho.les on the golf course, asked Council to allow this subdivision to proceed, stated their goaf is to meet the 2020 Vision, and stated they will get through the litigatian before.them and move forward. Mr. Bob Oliver, 209 Palm Aire, appeared before Council in opposition to the proposed rezoning of properfy located in the Sunmeadow Subdivision, and presented information packets to Co.uncil, stated this is a joint venture of the subdivision, and the golf company presented a sketch on how the golf caurse was put together and that it was meant to be a golf eourse from the beginning, presenfed Section I, 2, and 3 showing joint ownership by Sunmeadow Development and 5unmeadow Golf Course, presented Deed Restrictions signed by all three companies referring to housing and the golf caurse, and stated he does not see how�he golf course can be made into additionaf housing. Ms. Faye Roberson, 422 W. Castle Harbor, appeared before Council regardingthe proposed rezoning in Sunmeadow Subdivision, and expressed concerns regarding fioac[ing, drainage, and high density, asked Council to vote against the proposed rezoning, asked Council to please do not allow the application for _ .rezc�n;rg�o �e w�thc�raw�; �tated the dev�ic��r�as differert�lars; stated the u�eve(oper is preparin�fhe ��±e for �re�arat?on tc? �rc�cee�l withc���t permits; they are cl�aring the back� hple�, and asked that Ms. Janis Lowe abide by tl�e faw. I 7/15/02 1916 Mr. Fred Krch, 209 Dawn, appeared before Councii to express cancerns regarding street flooding on Dawn a.nd Woodlawn, stated the Friendswood Independant School District's retention pond at Woodlawn � is useless, will not handle rainwater, asked if Friendswood has a pian to correct flooding at 209 Dawn, - requested a written response, stated new construction has affected drainage in this area, sta�ted hefeels that priorities are on fiunding to provide for this project, stated prQblems started in 1992 that changed the flow of the water, and asked Council what tF�ey plan on doing regarding this prablem. COMMUNICATIONS FROM COMMITTEES OR SPECtAL REPORTS Gity Ma:nager Cox presented the Five Star Award for the Second Quarter of 2002 to Associate Librarian Monetta Houston. Ms. Houston has beert employed at Friendswood Library for over 20 years. She received recommendations because of implementing excellenf programs and activities forthe children of I Friendswood. Under her direction, Summer Reading Club participation has quadrup[ed to over 2Q00 and � program attendance has doubled to over 7000 per summer. Mo�etta is always looking for creative ways � �o fund the li.brary's programs and has been praised for the programs and demonstrations she organizes that gives the cammunity a path to guide children in a most positive and educational manner. CfTY MANAGER'S REPORT � City Manager Cox reported on traffic signals. Council has been interested over the past several months in the timing of traffic signals. Captain Jimmy Hofland, Friendswood Police Department, made an inquiry of the various signals over the city and their inner-connectedness. Most are inner-connected, but do " . need to be re-configured. Texas Department of Transportation (TxDOT) intends to da a synehronization project this�summer to be complefed by September. In addition, TxDOT has indicated the engineering for a left�urn bay at the intersection of FM 518, Friendswood Drive and Clearview. TxDOT is determining whether to contract the project, or complete the work in-house, and will let staff know. Mr. Cox also reported on fhe Fourth of July Celebration and stated that everyone's patience was appreciated with the fi.rst Independence Day celebrafion held at Centennial Park. FISD school bus cfrivers indicated they moved over 8,000 people out of Centennial Park after the progr.am. That, combined with those who parked in the unopened subdivision next door or walked, brings the esti.mate for the evening performance , io ai�osi 1^v,OG^v. T�ere wiii c�rtainiy be adjustments to the bus scneduiing for tne return trip to tne � parking lots, but overall tl�e program went very well, and was the best a�tended in recent years. ACTION ITEMS � **Councilmember Kim Brizendine moved to deny the request regarding the appfication for rezoning of � property in Sunmeadow Subdivision and autharization to prepare an ordinance for the zoning amendment. Secflnded by Councifinember Measeles. The mation was approved unanimously. '�"Councilmember Kitten Brizendine moved to take no action regarding the expiration of the 90-day suspension of rates for Reliant energy Entex. Seconded by Councilmember Ericsson. The motion was approved unanimously. Counciimember Goza left the Councii Chambers at this time. axCouncilrimember Kitten Brizendine moved to approve the land trade with the City of League City. Seconded by Councilmember Ericsson. The motion passed 6-0. . Counciimember Goza returned to the Council Chambers at this time. �RDINA.Rfr'�'S '�"Councilmember Kiften Brizendine moved to approve Ordinance T2002-I4, Second and final reading of I 7/ 15/02 I917 an Orcfinance of the City af Friendswood, Texas, estab[ishing a curfew for persons under the age of 17 years befween the hours of 12:01 A.M. and 5:00 A.M. on any day of the week and between the hours of - 9:Od A,M. and 2:30 P.M, for school•aged children on school days; prouiding it is unlawful for any person -subject to a curfew hereunder to remain in any pub[ic place or on the premises of any establ.ishment within�he Gity of Friendswood during curfew hours providing it is unlawful far any parent arguardian of � a person subject to a curfew hereunder to knowingly permit or by insufficient controi, allow such person to rerrlain in any pubiic place or on the premises of any esfablishment within the City during curfew hours; providing it is unlawful for any person owning, aperating, 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 esfablishment during curfew hours; providing defenses to prosecutian for violations hereunder; prouiding an effective date; providing a penalty of an amount not to exceed$5d0.Ofl for each day ofviolation of any provision hereof; making certain fiindings; repeafing Ordinance No. 99-16, passed and approved the 7th day of June 1999, and ail other Ordinances or parts of Ordinances inconsistent or in conflict herewith; and providing for severability. Seconded by Councilmember Ericsson, The motion was approved unanimously. �"Cou�cilrnember Ericsson moved to approve Ordinance T2002-15, First read'tng of an Ordinance amending Appendix C of the Friendswood City Code, said Appendix C:being City of Friendswaod., Texas, Orclinance No. 84•15, as amended, originally adopted the 19th day of November 1984, and being the Zoning Qrdinance of�he City, by changing the zoning dassification of a certain 1.9495-acre tract of land from Singe-Family Residentiai (SFR) to Business Park(BP), such tract being situation at Lot 50 in the Sharp's Subdivision of Section 22 0#the IG&N Railroad Company Survey, Abstract No. 693, commonfy � known as 4645 Mandale Road, and wi�hin the City Limits of the City; providing for the amendment of the City',s official Zoning Map; repealing all other ordinances orparts of ordinances inconsistent or in conflict herewith; providing for severability; and providinga penalty in an amount not to exceed $2,OOQ for each day of viofation of any pravision hereof. Seconded by Councilmember Goza. The motion was approved unanimously. CONSENT AGENDA -�-xr'-" i.-.-. 4..,,- tl�++ [�r'� nri' a m ,.a n nnrn�ia fhr� ('nncnnt � anri a n acPnt rl ith thp �.vuili,iiiii2�iiuci �vi�2ii vi ic8�iuiil �f..'��.`J" t ?.�,p. .g... a s rr,.,,., e !N. exception of item C to be tabfed—Approve appointment to the Boards, Committees, and Commissions for Group A as folfows: l. Planning and Zoning Commission; 2. Zoning Board of Adjustment and Appeals; 3. Constructoin Baard of Adjustment and Appeals; 4. ,Community and Economic Development Committee; 5. Library Advisory Board, and item D to be approved separate[y — Approve Resolution R2002-38, A Resolution of the City of Friendswood, Texas, authorizing intervention in Reliant Energy, Inc.'s petition to reconcile fuel costs incurred during the period August 1, 1997—January 30, 2002 filed at the Public Utility Commission of Texas and assigned docket No. 26195; authorizing the jaining with other intervening Gities to protect Municip.al and Ratepayer interests; authorizing the hiring of Attorneys and Gonsultants; and requiring reimbursement of the Cities' ratemaking costs. A. Payment of Capital � projects. l, Beamer Road Pump Station and Wateriine with payment in the amount of$225,095.85 to T & C Construc�ion, LTD for construction services. To date, 64 percent of the contract has been expended. 2. Demolition of Buyout Properties with final payment in the amount of$39,582 to Cherry Demo(ition. To date 10 percent of the contract �as been expended and payment for retainage in the amount of $21,990 was aclded. Total payments were $286,667.85. B. Disposition of Bid No. 20d2-06 for the 2Q02 Asphalt Sfreet Project to Sylva, lnc. in the amount of$503,487.93. E. Property Tax of June 20Q2. F. Minutes of June 17 and July l, 2002 Counci[ Meetings. Seconded by Gouncilmember Ericsson. The motion was approved unanimously. Councifinember Measeles left the Council Chambers at this time_ �XCouncilmember Kim Brizendine rnoved to apqrove Item D of the Consent Rgenda, Resolution R2002- 38, a Resolution of the City of Friendswood, Texas, authorizing interven�ion in Reliant Energy, {nc.'s petition to reconcile fuel costs incurred during the Period August 1, 1997—.Ianuary 30, 20Q2 filed at the 7J15/�2 1918 � - Public Utility Commission of Texas and assigned Docket No. 26195; authorizing the joining with ather infervening Cities to protect Municipal and Rafepayer interests: authorizing the hiring of attorneys and . Consultants; and requiring reimbursement of the cities; ratemaking costs. �Seconded by Councilmember Ericsson. The motion was passed 6-0. Councilmember Measeles returned to the Council Chambers at this time: A rrFOtion was made and approved fo adjourn at 8:05 PM. � . � � Mayar Harold L. Whitaker Attest: s � ��� .. � --------� : .� � ,-� eloris McKenzie, TRMC � City Secretary � �