HomeMy WebLinkAboutCC Minutes 1998-02-02 Regular 1241
STATE OF TEXAS } (
CITY OF FRIENDSWOOD ) {
� COUN'TIES OF GALVESTON/FiR,�2RIS ) (
FEBRUARY 2, 1998 ) ( .
MYNU'TES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD
ON MONDAY, FEBRUARY 2, 1998, AT 6:30 P.M. , AT FRIENDSWOOD CITY �HALL COUNCIL
CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FFtIENDSWOOD, TEXA5, WYTH THE FOLLOWING
PRESENT CONSTITUTING A QUORUM:
MAYOR HA.ROLD L. WHITAKER
MAYOR PRO TEM ALINE AICKEY
COUNCILMEMBER KITTEN HAJECATE
� COUNCILMEMBER JERRY ERICSSON
COUNCILMEMBER TOM MANISON
COUNCILMEMBER MEL AUSTIN
COUNCILMEMBER MEL MEASELES
CITY ATTQRNEY KIM MICKELSON
CITX M}1NAGER RON COX
CITY SECRETARY DELORIS MCKENZIE
MAYOR WHITAKER CALLED TIiE MEETING TO ORDER.
COUNCIL CONVENED INTO EXECUTIVE SESSION AT 6:30 P.M. IN ACCORDANCE WITH THE
TEXAS GOVERNMENT CODE, 5ECTION 551-074 - PER50NNEL MATTERS - DI5CUSSION
REGARDING MAYOR PRO TEM POSIT2023.
COUNCIL RECONVENED IN OPEN SESSION AT 6:33 P.M. WITH MAYOR WHITAKER STATING
C0�J23CILMEMBER DICKEY HAS REQUESTED THAT THIS EXECUTIVE SESSION BEHELD IN
OPEN SESSION, THEREFORE, THE DISCUSSION REGARDING THE MAYOR PRO TEM POSITION
WAS HELD AT THE COUNCIL DAIS IN OPEN SE5SION. THOSE PRESENT WERE MAYOR
WHITAKER A.ND COUNCILMEMBERS HAJECATE, ERICS50N, MANI50N, AUSTIN, DICKEY, AND
MEASELES AND CITY ATTORNEY KIM MICKELSON, CITY MAN}�GER RON COX AND CITY
SECRETARY DELORIS MCKENZIE.
THE OPEN EXECUTIVE SESSION WAS CLOSED AT 7:00 P.M. WITH ACTION TAKEN LATER
IN THE MEETING.
�
REVEREND DENNIS OWENS, REPRESENTING THE NEW LIFE ASSEMBLY OF GOD CHURCH,
GAVE THE INVOCATIODI.
MAYOR WHITAKER LED THE PLEDGE OF ALLEGIANCE TO THE STATE OF TEXA5 AND TO THE
UNITED STATES.
CITY MI�,NAGER COX PI2ESENTED THE FIVE STAR SPIRIT AWARD FOR THE LAST QUARTER
OF 1997, TO DANIEL SOTO, WHO WORKS IN THE CONaSUNITY SERVICES DEPARTMENT.
DANIEL WAS NOMINATED BECAUSE HE IS ALWAYS THERE TO DO WHAT IS NEEDED. IiE IS
A QUIET WORKER WHO IS ALWAYS MOST WILLING TO ASSIST OTHERS, AND PERFORMS HIS
JOB TO THE BEST OF HI5 ABILITY.
MAYOR WHITAKER GAVE THE QATH OF QFFICE TO ZEKIE MC VEIGH, PQSITIOPT l, AND
TOM BURKE, POSITION 2, WHO WERE REAPF02NTED TO THE PLANf1ING AND Z023ING
COMMISSION, TERMS ENDING JULY, 2000, AND APPOINTMENT OF ROHERT BERTR.AND I2,
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POSITION 3, TERM TO END JULY, 2000 AND HARLESS R. BENTHUL, POSITION 6, WHO
WILL FILL RND UNEXPIRED TERM UNr2L JULY, 200Q.
MAYOR WHITAKER AND BILL FINGER, CHAIR OF THE PLANNING AND ZONING COMMISSION
CALLED A PUBLIC HEARING TO ORDER TO RECEIVE COMMENT, EITHER ORAL OR WRITTEN,
REGARDING A REQUEST FOR THE FOLLaWING:
REQUESTING A CLASSIFYCATION CHANGE FOR 111.03 ACRES AT FM 528/BAY
AREA BOULEVAR.D FROM 38.9 ACRES CSC AND 76 .4 ACRES MFR-H TO 23 .693
ACRES COMMCTNITY SHOPPING CENTER (CSC) , 24.557 ACRES MULTI-FAMILY
RESIDENTIAL-HIGH (MFR-H) AND 62.782 ACRES GARDEN HOME DISTRICT (GHD)
(+4 .3 ACRES DEEDED FOR FM 518 AND BAY AREA BOULEVARD.)
MR. �JOHN HI�MMOND APPEARED BEFORE COUNCIL ON BEHALF OF THE FRIENDSWOOD
DEVELOPMENT COMPANY AND GAVE A PRESENTATION REGARDING THE DEVELOPMENT OF
THIS PROPERTY, AND STATED THAT 220 UNITS W2LL BE BUILT.
MR. ED DRISKILL, REPRESENTING THE STERLINGWOOD HOMEOWNERS ASSOCIATION,
APPEARED BEFORE COUNCIL ADTD ASKED WHY IS THIS PROPERTX BEING DEVELOPED
GARDEN HOME DISTRICT, IS IT BECALTSE OF HIGHER DENSITY, IS CONSTRUCTION
REQUIREMENTS LESS STRINGENT? CHAIRMF�N FINGER RESPONDED CONSTRUCTION
REQUIREMENTS ARE THE SAME FOR ALL CONSTRUCTION.
HEARING NO FURTHER COMMENTS, THIS PORTION OF THE PUBLIC HE3�RING WAS CLOSED.
MAYOR WHITAKER AND BILL FINGER, CHAIR OF THE PLANIJING AND ZONING COMMISSION
CALLED A PUBLIC HEARING TO ORDER TO HEAR INPUT, EITHER ORAL OR WRITTEN, FOR
THE FOLLOWIrIG:
REQUESTING A CLASSIFICATION CHANGE FOR 222 SHADWELL, 5.18
ACRES FROM SINGLE FAMILY RESIDENCE (SFR) TO PLANNED UNIT DEVELOPMENT
(PUD) .
MR. JOFiN MAISEL, OWNER WHO LIVES ON THE PROPERTY AND HAS A MASSAGE THERAPY
BUSINESS IN OPER.ATION ON THE PROPERTY, APPEARED HEFORE COUNCIL AND PRESENTED
� A HISTORY OF THE PROPERTY. MR. MAISEL STATED THAT HE 80UGHT THE HOME
S '` SITUATED ON 5.18 ACRES IN JULY, 1997 AND THAT THIS IS HIS HOMESTEAD. MR.
� MAISEL ALSO STATED THAT IiE WILL TiAVE SMALL GROUPS ATTENDING EDUCATIONAL
SEMINARS, S0� OF SH�DWELL STREET IS COMNiERCIAL, FIREWALKING IS HELD AS PART
�. � � OF THE DEVELOPMENT PROCESS BUZ' IS VERY CONTROLLED. MR. MAISEL ALSO STATED
THAT HE PLANS TO CONSTRUCT A 7 FOOT FENCE FOR A BUFFER TO MR. LANNING'S
PROPERTY AND THAT HE WANrS TO ENHANCE THE QUALITY OF LIFE IN FRIENDSWOOD,
AND TH�1T HE PLANS TO KEEP TFIE PROPERTY IN A N3iTLTRAL STATE.
MR. D�N LANNING, 220 SFiADWELL, MR. KEN SHORES, #6 EMERALD CIRCLE, MS. LORNA
2EITLER, #4 EMERALD CIRCLE, MS. LISA HELLER AND MR. EARL HELLER, CHAPPEL
HILL, MR. WILLIAM HAL TAYLOR, AND MR. MIKE FINKE, FiIDDEN COVE TOWNFiOUSES,
MS. JUDY CFT�DDICK, 72 HIDEAWAY, MR. HAROLD YEAGER, APPEARED BEFORE COUNCIL
AIJD STATED THEIRS CONCERNS REGARDING A MASSAGE THERAPIST, THE NUMBER OF CARS
THAT VIOLATED THE CITY ZONING ORDINANCE, THAT THIS BUSINESS WOL7LD USE
STEVENSON PARK AS A PARKING LOT, THERE IS NO WAY TO TURN AROUND ON THIS
STREET, FIREWALKING WOLTLD BE A FIRE HAZARD BECAUSE OF THE HEAVILY WOODED
AREA SURR�UNDING THE PROPERTY, SPOT ZONING, A BUSINESS HEING ESTABLISHED IN
A RESIDENTIAL AREA, AND NOISE.
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MR. CRAIG VANCERMISSEN, THE PREVIOUS OWNER OF THE PROPERTY, MS. MICHELLE
SOMMER, COTJNTRY CLUB DRIVE, MS. CAROL SWEENEY, "RAINBOW SERPENT WOMAN", MR.
' CHARLES RUSSO, 301 CASTLEWOOD, MR.ED SPELLIS, 1101 WINDING WAY, MR. KERRY
CHEETUM, HOUSTON, APPEARED BEFORE COUNCIL TO GIVE THEIR SUPPORT FOR THIS
ZONING, AND STATED THAT THE FIREWALKING IS HELD IN A CLEARED AREA OF ONE
ACRE WITH EiOSES AVAILABLE, THAT THE FIRE DEPARTMENT CAME OVER TO VIEW TIiE
FIREWALKIDIG AND NO COMPLAINTS WERE RECEIVED, FRIENDSWOOD I5 AN OPEN
COMMUNITY WITH OPEN IDEAS, AND THAT MA5SAGE THERAPY IS A LEGITIMATE HUSINESS.
MAYOR WHITAKER AI3D BILL FINGER, PLANNZNG AND ZONING CHAIR, CALLED A PUBLIC
HEAR.ING TO ORDER TO RECEZVE COMMENT5 EITHER ORAL OR WRITTEN, REGARDING THE
FOLLOWING:
AMENDMENT TO ZONING ORDINANCE 84-15, USE OF STANDARD INDUSTRIAL
CLASSIFICATION (SIC) GROUP NUMSER5, LANDSCAPZNG AND SCREENING
REQUIREMENTS, DESCRZPTYONS AND CERTAIN PERMITTED USES, AND PERMITTED
USE TABLE FOR RESIDENTIAL, COMMERCIAL OR INDUSTRIAL, AND PLANNED
UNIT DISTRICT.
MR. BILL FINGER, CHAIR OF THE PLANNING AND ZONING COMMTSSION GAVE A HISTORY
OF THE PERMITTED USE TABLE.
MR. LARRY TAYLOR APPEARED BEFORE COUNCIL AND STATED THAT HE IS IN FAVOR OF
SIC BUT HE WOULD LIKE IT TO INCLUDE PUD-RESIDENTIAL AND BE CONSIDERED ON A
SPECIFIC BASIS.
MS. DIXIE LINCOLN, LAURA LEIGH TOWNHOMES, APPEARED BEFORE COUNCIL STATED
THAT SHE PAYS CLEAR CREEK SCHOOL TAXES ANU THAT THE PLANNING AND ZONING
COMMISSION HAS JURISDICTION TO RULE FOR PROPERTY THAT IMPACTS CLEA.R CREEK
SCHOOL TAXE5.
MR. HOWARD YEAGER, HIDDEN COVE, APPEARED BEFORE COUNCIL AND ASKED HOW
COUNCIL WOULD HANDLE IF ADOPTED, IF AN OWNER WANI'ED TO SELL OFF PART OF THE
PROPERTY AND 5TATED THAT THIS COLTLD CREATE A PROBLEM DOWN THE LINE.
HEARING NO FURTHER INPUT, THE PUHLIC HEARING WAS CLOSED.
MAYOR WHITAICER PRESENTED MS. RUTH PREIIGLE WITH THE PROCLAMATION STATING
FEBRUARY 8 - 14, 1998, AS "NATIONAL SALUTE TO HOSPITALIZED VETEFLANS" .
MAYOR WHITAI{ER PRESENTED MR. FRANf4 WEBB WITH A VALENTINE CARD SIGNED BY CITY
EMPLOYEES FOR THE HOSPTTALIZED VETERAI3S. MR. WEBB STATED THAT HE WILL VISIT
WITH THE VETER�I3S AT THE VETER.ANS HOSPITAL ON FEBRUARY 13 AND INVITED THE
MAYOR AND COUNCIL TO TOUR THE FACILITY.
COUNCILMEMBER MEASELES REPORTED ON ATTENDING THE TEXAS MUNICIPAL LEAGUE
(TML) PROBLEM SOLVING CLINIC, ATTENDED THE C�MMUNITY APPEARANCE BOARD
MEETING, THE BICYCLE ADVISORY COMMITTEE MEETING, AND CONGRATUT.,ATED THE
FRIENDSWOOD POLICE DEPARTMENT IN ACHIEVING A FIRST PLACE RATING AT THE
NATIONAL H05TAGE NEGOTIATORS SEMINAR/NEGOTIATIONS HELD AT SOL7THWEST TEXAS
STATE UNYVERSITY IN SAN MARCOS.
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COUNCILMEMBER AUSTIN REPORTED ON ATTENDING TIiE CLEAR CREEK DRAINAGE DISTRZCT
MEETING WHERE PRET5 HAR.DWARE STOR� WAS DISCUSSED REGARDING DR.AINAGE THAT IS
OUT OF COMPLIANCE WITH THE CITY CODE.
COUNCILMEMBER MANTSON REPORTED THAT THE HOUSTpN/GALVESTON A.REA COUNCIL 1998
ANNUAL MEETING WILL BE HELD MARCH 19, ATTENDED THE GALVESTON COUNrY MAXOR
AND COUNCIL (G.C.M & C. )MEETING AT SANCA FE, THE GULF COAST 50IL AND
CONSERVAT20N MEETING, THE ANNUAL MEETING OF CLEAR LAKE AREA ECONOMIC
DEVELOPMENT FOUNDATION H0230RING UNITED STATES REPRESENTATIVE NICIC LAMPSON,
AND THE PRAYER BREAKFAST HONORING THE FiIGH SCHOOL ATHLETES.
COUNCILMEMBER FiAJECATE REPORTED ON ATTENDING THE MONTHLY PRAYER BREAKFAST.
MAYpR WHITAKER REPORTED ON ATTENDING THE G.C.M & C. MEETING IN 5ANrA FE
DURING WHICH THE 20TH ANNIVERSARY OF THE CITY WAS CELEBR.ATED.
COUNCILMEMBER DICKEY REPORTED THAT AS VICE PRESIDENT, SHE ATTENDED THE
G.C.M.&.C. BI-MONTHLY MEETING, AND AS LIAISON TO THE PARKS AND RECREATION
BOARD REPORTED THEY WERE WORKING ON THE PARK DEDICATION ORDINANCE.
COUNCILMEMBER DICKEY ALSO GAVE A STATEMENT THAT SHE WOUI,D NOT RESIGN AS
MAYOR PRO TEM NOR AS COUNCILMEMBER AND STATED THAT SHE WOULD NOT COMPROMISE
HER INTEGRITY.
MR. RON BRENNAN, 912 OAK VISTA COURT, APPEARED BEFORE COUNCIL REGARDING THE
VILLAGE GREEN FLOODING PROBLEM, STATED THAT THE CITY HAD A RESTR.AINING ORDER
FILED AGAII3ST THE CITY, THAT IiE FLAD EXPRE5SED CONCERNS TO TI-IE CITY BUT FOLTND
THAT HIS CONCERNS WERE UNWARRAN'.CED AND THANKED THOSE THAT HELPED AND
APPRECIATED WHAT THE CITY HAS DONE.
MR. ED DRISKILL, 1206 MERRIEWOOD DRIVE, MS. NANCY KESSLING, 206 ST. CLOUD
DRYV'E, MS. KATEiERINE HALE, 902 APPLEWOOD, WILDERNESS TR.AILS H.O.A. , MR.T02�IY
DQWDY, 1906 PLAN'TATION, MS. CA.ROL DEAN, 1907 DE SOTA, MR. TERRY ARNOLD, 803
MEADOWLARK, 2�t. TOM GR.ACE APPEARED BEFORE COUNCIL IN SUPPORT OF
COUNCILMEMBER DICKEY STATING THAT COUNCILMEMBER DICKEY ASKS QUESTIONS, NEVER
LIED TO THEM, WHY WAS CO[TNCIL ASKING FOR HER RESIGNATION OF FiER MAYOR PRO
TEM TITLE, HELPED WITH THE SOUND WALL AT SOMERSET, SUPPORTED THE COMMUNITY,
IS A WONDERFUL ROLE MODEL, THAT COUNCIL SHOULD GET ON WITH WHAT THEY WERE
ELECTED TO DO, THAT SHE 25 GUILTY OF VOICING HER OPINION, AND DO NOT SEE AN
ASUSE OF OFFICE.
CITY MANAGER COX REPORTED ON THE PARKS AND WILDLIFE GR.ANT FOR THE ACTIVITY
BUILDING IMPROVEMENTS AND THAT FUND5 FOR RENOVATIONS TO THE ACTIVITIES
BUILDING WAS FUNDED IN TEiE FULL AMOLTNT OF $43,200 TN STATE FUNDS. THESE ARE
MATCHED WITH $53, 200 IN LOCAL FUNDS, WHICH HAVE ALREADY BEEN EA.RMAFiKED IN
THE CITY'S BUDGET. THE TOTAL PROJECT AMOUNT TO $106,400. ONCE PAPERWORK
FROM THE STATED FOR GRANT FUNDS 25 RECEIVED, AUTHORIZATIOId WILL BE SOUGHT TO
HIRE HALL-BARNUM ARCHITECTS FOR THE DETAIL WORK REQIIIRED TO BID TTiE PROJECT.
MR. COX STATED THAT COUNCIL WILL BE RECEIVING THE QUARTERLY REPORT FROM
GALVESTOI3 CQLTI3T1' HEALTH DISTRICT AS THEY REQUESTED. MR. COX REPORTED ON TCI
CABLE ACTIVITIES, AND THE INCREASE OF THE NUMBER OF CHANNELS AVAILABLE TO
BOTH ALVZN AND FRIENDSWOOD. HOWEVER, AS MR. COX STATED, THE CITIES ARE NOT
CONVINCED THAT MORE CHANNELS I5 CONSISTENT WITH THE ORIGINAL REBTJILD PLAN
PROVIDED BY TC2 WHEN THE CITES AGREED TO THE CURRENT TERMS OF THE FRANCHISE
�--.,._--_._..__
_,.
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AGREEMEI�i'T IN 1995 ADTD A FINAL REPORT IS 5TILL FORTHCOMING FROM MUNICOM. CITY
MANAGER COX ALSO REPORTEA THAT TAE FIFTH CIRCUIT CO'URT OF APPEALS RULE5 THAT
� TCI FiAD BEEN CALCULATING FRANCHISE PAYMENTS TO CITIES INCORRECTLY TO THE
AMOUNT OF $13, 000. TCI INDICATED THAT THEY' WOL7LD CT3ARGE THE CUSTOMERS FOR
THI9 AMQUN'r. THE CLEAR LAKE AREA TELECOMMUNICATTQN5 COALITIOI�I (CLATC) MET
REGARDING THIS ISSUE AN7� BELIEVES THIS Z5 AN INAPPROPRIATE CHARGE BACK TO
THE CUSTOMERS AND CLATC ATTORNEY WILL WRITE A LETTER ON BEHALF OF ALL
COALITION MEMBERS INDICATING THE COALITION' S POSITION ON THIS.
**COL3NCILMEMBER HAJECATE MOVED TO APPROVE THE EXTEN5ION OF TERMS OF
LIBR.ARY BOARD MEMHERS MICHAEL MEZZINO, VICTORIA MIDDENTS AND ELIZABETH STACY
AND CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS MEMBERS DAN ILLELRICH AND
, RICK AGEE TQ THE JULY APPOINTMENT PERIOD.
SECONDED BY COUNCILMEMBER AZ3STIN.THE MOTION PASSED UNANIMOUSLY.
**COUNCILMEMBER MANISON MOVED TO F2EMOVE COUNCILMEMBER ALINE DICKEY FROM THE
MAYOR PRO TEM POSITION.
SECONDED BY COUNCILMEMBER HAJECATE. TFiE MOTION PA5SED 5-2 WITH
COUNCILMEMBERS AUSTIN AND DICKEY OPPOSED.
**COUNCILMEMBER HAJECATE MOVED TO APPROVE RESOLUTI023 R98-3, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF FRIEND5WOOD, TEXA.S, EXTENDING RESOLUTION
NUMBER R97-38, ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS
FOR AND THE ISSUANCE OF DEVELOPMENT PERMITS, BUILDING PERMITS OR
CERTIFICATES OF OCCUPANCY FOR SEX.UALLY ORIENTED BUSINESSES, AS ORIGINALLY
PASSED ON SEPTEMBER 22, 1997, FOR AN ADAITI�NAL NINETY DAYS.
SECONDED BY COUNCILMEMBER ASANISON. THE MOTION PASSED UNANIMOUSLY.
**COUNCILMEMBER AUSTIN MOVED TO APPROVE ORAINANCE NO. T98-2, FIRST READI23G
OF AN ORDINANCE OF THE CITX OF FRIENDSWOOD, TEXAS, APPROVING A CHANGE IN
ACCOUN'I'ING PROCEDURE5 AND THE IMPLEMENTATION OF CERTAIN SASE R.ATE CREDITS,
ON AN INTERIM BASIS, FOR HOUSTON LIGHTING & POWER COMPANY; DETERMINING
HOUSTON LIGIiTING & POWER COMPANY' S PETITION IS A RATE FILING; AND SETTING
FORTH OTHER PROVISIONS RELATING THERETO.
SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION PASSED 6-0 WITH
COUNCILMEMBER MEASELES ABSTAINING.
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*COUNCILMEMBER MANISON MOVED TO APPROVE TFiE CONSENT AGENDA AS PRESENTED:
' A. APPROVAL OF BANNER PERMIT APPLICATION FROM FRIENDSWOOD GIRLS SOFTBALL
ASSOCIATION FOR SPRING REGISTRATION FEBRLJARY 7, 1998 . B. MINLTTES OF
JA27UARY 5, 19 9 8.
SECONDED BY COUNCILMEMSER AUSTIN. THE MOTIQDi PASSED U'tdADIIMOUSLY.
A MOTION WAS MADE AND PASSED TO ADJOURN AT 9:55 P.M.
� MAYOR HAROLD L. WH�TAKER
ATTEST:
.
DELORIS MCKENZI , TRM
CITY SECRETARY