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Home My WebLink AboutCC Minutes 1998-03-16 Regular 1261 STATE OF TEXAS ) ( CITY OF FRIENDSWOOD } ( COUNTIES OF GALVESTaN/HARRIS ) ( MARCH 16, 1998 ) ( MINUTES OF A REGULAR MEETZNG OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONAAY, MARCFI 16, 1998, AT 6: 30 P.M. , AT FRIENDSWOOD CITY HALL COUNCIL CHIi2�IDERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR HAROLD L. WHITAKER MAYOR PRO TEM JERRY ERICSSON COUNCILMEMBER KITTEN HAJECATE COUNCILMEMBER TOM MANSION COUNCILMEMBER MEL AUSTIN COUNCILMEMBER MEL MEASELES CITY ATTORNEY KIM MICKELSON (ARR.7:00) CITY MA2JAGER RON COX CITY SECRETARY DELORIS MCKENZIE COUNCILMEMHER DICKEY WAS ABSENT FROM THE MEETING. MAYOR Wfi2TAKER CALLSD THE MEETING TO ORDER. COUNCIL CO21VE23ED I23T0 EXECUTIVE SE5SION ZId ACCORDAI3CE WITH THE TEXAS GOVERI3MENT CQDE, SECTION 551-074 - PERSOPTNEL MATTERS - C2TY MANAGER'S QUARTERLY PROGRESS REPORT AND REVIEW. COUNCIL CONVENED INTO REGULAR SE5SION AT 7:00 P.M. CITY ATTORNEY KIM MICKELSON ARRIVED AT TH25 TIME. PASTOR RALPH F�OBRATSCFIIC, REPRESENTING HOPE LUTHERAN CHURCFi, GAVE THE . INVOCATION. MAYOR WFIITAKER LED THE PLEDGE OF ALLEGIANCE TO THE STATE OF TEXAS AND TO THE UNITED STATES. MAYOR WHITAKER AND PLANNING AND ZONING COMMISSION CHAIR BILL FINGER CALLED A JOINT DOCKETED PUBLIC HEARING TO ORDER TO RECEIVE COMMENTS REGARDING A REQUEST FOR AN AMENDMENT FOR A SPECIFIC USE PERMIT/CHURCH FOR PROPERTY LOCATED AT 1207 WINDING WAY, LOT 14, HAF2VEY AND STOUT SL7BDIVISION. �'�� MR. WALTER SCOTT, REPRESENTING THE GOOD SHEPHERD EPISCOPAL CHURCH, APPEARED , „•' BEFORE COUNCIL AND EXPLAINED THE EXP3�NSION PL}1NS FOR THE CHVRCH WHICH WILL ; ' INCLUDE A PARISFi ROOM, EIGHT CLA5SROOMS, AND A KITCHEN. C% , ' MR. LARRY TAYLOR, 209 W. EiERITAGE, AND AN OWbiER QF THE COMMERCIAL PRQPERTY NEXT TO THE GOOD SHEPHERD EPISCOPAL CFiURCH, APPEARED BEFORE COUNCIL AND SPOKE IN FAVOR OF THE ADDITIONAL FACILITIES AND STATED THAT THE CHUFZCH IS AN ASSET TO THE COMMUNITY. MR. CHRIS TURNER, 807 MISSION CIRCLE, APPEARED BEFORE COUNCIL AND EXPLAINED THE SCHOOL PROGRAM THAT WILL BE HELD AT THE GOOD SHEPHERD EPISCOPAL CHUI2CH, 1262 AND STATED THAT THE PROGR.AM WILL BE CHRISTIAN EDUCATION AND AS A PARENT, HE SUPPORTS THE EXPANSZON. N� ONE APPEARED BEFORE COUNCIL TO OPPOSE THE REQUEST. HEARING NO FURTIiER COMMENT, THE PUBLIC HEARING WAS CLOSED AT 7 :10 P.M. COUNCILMEMBER HAJECATE REMINDED EVERYONE OF THE PR.AYER BREAKFAST WHICH WILL BE HELD SATURDAY AND THAT THE PROGR.AM WILL BE "HABITAT FOR HUMANITY", WILL ATTEND THE CLEAR LAKE TRANSPORTATION PARTNERSHIP MEETING ON MARCH 23 DURING WHICH CONGRESSMAN NICK LAMPSON WILL BE THE SPEAKER, AND ATTENDED THE DICK DAUGIRD FUND RAISER. COUNCILMEMBER ERICSSON REPORTED ON ATTENDING THE SOUTH CLEAR CREEK HOMEOWNERS ASSOCIATZON MEETING, THE GALVESTON COUNTY MAY�RS AND COUNCILMEN'S ASSOCIATIaN (G.C.M & C. ) MEETING WHERE CONSULTANT TOM KNICKERBOCKER PRESENTED INFORMATION ON TOWERS FOR CELLULAR PHONES, 1�ND CITY ATTORNEY KIM MICKELSON, REPRESENTING OLSON AND OLSON, WAS A GUEST SPEAKER. COUNCILMEMBER TOM MA2JISON REPORTED ON ATTENDING THE TEXAS ASSOCIATION OF REGIONAL COUNCILS BOARD MEETING ON MAY 5 & 6, , ATTENDED THE ANNUAL NATIOAIAL LEAGUE OF CITIES CONFERENCE IN WASHINGTON, D.C. ON MARCH 7TH THROUGH 11TFi WITH OUTST7INDING SPEAKERS, ATTENDED THE WATERS DAVIS SOIL MEETING, TIiE HOUSTON/GALVESTQPI (H-GAC) ANNUAL MEETING WHERE TOM LAINEY, TEXAS DEPARTMENT OF TFi.F�NSPORTAT20N REPRE5ENTATIVE, SPOKE, ATTENDED THE TEXA5 WATER COMMISSION MEETING, REPRESENTING SMALL CITIES, AND WHERE PLANNING FOR THE YEAR 2050 WAS DISCUSSED. COUNCILMEMBER AUSTIN REP�RTED ON ATTENDING THE CLEAR LAKE TF2ANSPORTATION PARTNERSHIP SCENIC ROUTE COMMITTEE MEETING, ATTENDED THE THOROUGHFARE COMMITTEE MEETING LAST WEEK, MET WITH COI�IISSION JANEK REGARDING REGARDING THE DICKINSON BAYOU WATERSHED, REQUESTED THAT THIS ITEM BE PLACED ON THE I3EXT AGENDA, AND ANNOUNCED THAT IiE WILL BE A CP.NaIDATE F012 RE-ELECTION. COLINCILMEMBER MEASELES REPORTED ON ATTENDING SOME OF THE SAME MEETINGS, �1NA ALSO ATTENDED TI�IE PLANNING AND ZONING MEETING, THE BICYCLE ADVISORY COMMITTEE MEETING, THE PRECINCT MEET2NG, THE LIBRI�FLY MEETING, G.C.M.& C. , H-GAC }1NNUAL MEETING DURING WHICH COVNCILMEI+�ER MANSION WAS HONORED AS PA5T-PRESIDENT, AND ATTENDED THE TEXAS MUNICIPAL LEAGUE LEGISLATION COMMITTEE MEETING ON FINANCE AND ADMINISTRATION. MAYOR WHITAKER REPORTED ON ATTENDING THE GULF COAST WATER AUTHORITY MEETING ON TUESDAY, G.C.M.& C. MEETING ON WEDNESDAY, AND THE H-GAC MEETING ON FRIDAY DURII�IG WEiICH CO'UDICILMEMBER MAI3ISON WAS DULY RECOGNIZED FOR AIS ACHIEVEMENTS AND THAT EVERYONE IS VERY PROUD AND GRATEFUL FOR ALL THAT HE HAS DONE. CHARLIE ORGAN, REPRESENTING THE COI�ITJNITY APPEAR.ANCE BOARD, APPEARED BEFORE COUNCIL TO PRESENT T8E BUSINESS YARD OF THE MONTH FOR MARCH TO M1\NAGER TREY ANDERSON FROM FRIENDSWOOD CFiEVRON, 4001 F.M. 2351. MR. ORGAN ALSO REMINDED EVERYONE THAT "SPRING SPARKLE DAY" WTLL BE HELD AT OLD CITY PARK ON MARCH 28, 1998 . MR. ORGAN STATED THAT HOUSEHOLD TRASH WILL BE ACCEPTED BYT NOT HAZARDOUS WASTE. THE PROGF2AM WILL RUN 8 :00 A.M. TO 3 : 00 P.M. �....._........ 1263 MS. KAREN BENDKA, SUE BINGFi�M, AND JEFF BULLOCK, FOREST BEND SUBDIVISION, APPEARED BEFORE COUNCIL REGARDING INCREASED TR.AFFIC, NO SIDEWALKS, NUMBER OF CARS THAT TRAVEL THIS STREET, PRESENTED A PETITION, AND REQUESTED THAT SPEED HLTMPS BE INSTALLED. MR. ED DRISKILL, MERRIEWOOD DRIVE, APPEA.RED BEFORE COUNCIL AND ANNOUNCED THAT HE WILL FILE AN APPLICATION TO RUN FOR COUNCIL AND THAT AS A CANDIDATE, HE WILL RUN ON A FAIR, OPEN AND HONEST GOVERNMENT PLATFORM. CITY MP,NAGER COX REPORTED ON THE REBATE OF $12, 600 FROM TEXAS MUNICIPAL LEAGUE-INTERGOVERNMENTAL RISK POOL (TML-IRP) THAT THE CITY RECEIVED BECAUSE THE CITY HAS A LOSS R.ATIO BELOW 80 PERCENT IN BOTH WORKERS COMPENSATION AND LIABILITY COVER.AGE. MR. COX REPORTED THAT TIiE FIRE MARSHAL/EMERGENCY MANAGEMENT OFFICE, UNDER THE DIRECTION OF FIRE MARSHAL TERRY BYRD, WILL PARTICIPATE IN HURRICANE POLLY EXERCISE, A MOCK DISASTER SCENAR20, DURING TFiE WEEK OF MARCH 30 TFIROUGH APRIL 3, 1998 . MR. COX ALSO REPORTED THAT EPA IS CURRENTLY WRITING ITS REGULATIONS REGARDING THE IMPLEMENTATION OF PHASE II OF THE STORMWATER CONTROL PROGRAM AUTHORIZED BY THE FEDERAL GOVERNMENT AND THAT DIRECTOR OF PUBLIC WORKS, MELVIN MEINECKE, WILL MONITOR THE SITUATION AND KEEP UP WITH THE DEVELOPMENT OF THE REGULATIONS. MFt. COX REPORTED ON THE GULF COAST COALITION OF CITIES ON THE HL&P TRANSITION PLAN AND THAT BECAUSE THE LEGISLATURE WILL CONSIDER DEREGULATION OF ELECTRIC UTILITIES IN 199, THE COALITION IS WORKING WITH CONSULTANTS TO DRAFT A PROPOSED ORDINANCE FOR ADOPTION BY THE COUNCILS BUT HOLD OUT CERTAIN CONSIDERATIONS FOR WHAT MIGHT HAPPEN WHEN THE LEGISLATURE MEETS IN 1999 .MR. COX ALSO REPORTED THAT THE RIISSIAN/AMERICAN FESTIVAL WILL BE HELD APRIL 3 THROUGI� THE 5 AT NASSAU BAY PARK. THERE WILL BE A LUNCHEON ON APRIL 3 HOSTED BY THE CITY OF NASSAU BAY AND THE CITY MA.NAGERS ASSOCIATION. MR. COX STATED THAT DISCUSSION WILL BE HELD REGARDING LOCAL GOVERNMENT ISSUES AND URGED THE MAYOR, COUNCIL, AND CITY STAFF TO ATTEND. **COUNCILMEMBER AUSTIN MOVED TO APPROVE TO CONTRACT WITH THE CLEAR CREEK WATERSHED REGIQNAL FLOOD CONTROL DISTRICT FOR CERTAIN ELECTION SERVICES. SECONDED BY COUNCILMEMBER ERICSSON. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER MANISON MOVED TO CONTRACT WITH GALVESTON COUNrY FOR CONDUCT OF THE CLEAR CREEK WATERSFiED REGIONAL FLOOD CONTROL DISTRICT ELECTION FOR FRIENDSWOOD ELIGIBLE VOTERS MAY 2, 1998 ELECTION.10. SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER HAJECATE MOVED TO APPROVE RESOLUTION R98-9, A RESOLUTION OF THE CITY OF FRIENDSWOOD AUTHORIZING THE CITY ATTORNEY TO TAKE APPROPRIATE LEGAL ACTION TO OBTAIN REIMBURSEMENT FROM TEXAS-NEW MEXICO POWER COMPANI'j • AND SETTING FORTH OTHER PROVISIONS RELATED THERETO. SECONDED BY COUNCILMEMBER AUSTIN. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER MANISON MOVED TO APPROVE ORDINANCE NO. T98-1, SECOND 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 �1MENDING SUBSECTION F. , PAR.AGR.APH 4, "CSC, COMMUNITY SHOPPING CENTER DISTRICT" BY ADDING LANGUAGE TO CLARIFY HOW ALLOWABLE OFFICE USES ARE TO BE CALCULATED; BY AMENDING SUBSECTION J. , "PUD, PLANNED UNIT DEVELOPMENT, GENERAL PURPOSE AND DE5CRIPTION" OF SECTION 7; 1264 AMENDING SUBSECTION K. , "RSC, REGIONAL SHOPPING CENTER, GENER.AL PURPOSE AND DESCRIPTION" OF SECTION 7 BY STRIKING TF�E ENT212E SUBSECTION; AMENDING SUBSECTION' P. , "PERMITTED USES, " PAR.AGRAPH 5 OF SECTION 7, ST�.NDARD INDUSTRIAL CLAS5IFICATION BY STRIKING THE PRESENT REFERENCE AND SUBSTITUTING A NEW REFERENCE THEREFORs REVISING SUBSECTION P.2 OF SECTION 7, THE PERMITTED USE TABLE, THEREOF BY STRIKING THE COLUt�TS HEADED SFR, MFR-GHD, MFR-L, MFR-M, MFR-H, MHR, CSC, OBD, PUD, RSC, A-1, LI, I, BP, AND SUBSTITUTING THEREFOR NEW COLLTMNS HEA.DED SFR AND 5FR-E, MFR-GHD, MFR-L, MFR-M, MFR-H, MHR, CSC, 013D, PUD, A-1, L=, I, BP; AMENDING SUBSECTION I. "LANDSCAPING AND SCREENING REQUIREMENTS, PAR.AGRAPH 2 . , "PERIMETER LANDSCAPING AND SCREENING" SUB-PAR.AGRAPH A. , OF SECTION 8 BY REPLACING THE FIRST SENTENCE; PROVIDI2IG OTHER MATTERS RELATING TO THE SUBJECT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2, 000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. 5ECONDED BY COUNCILMEMBER AUSTIN. **COUNCILMEMBER AUSTIN MOVED TO TABLE ORDINANCE NO. T98-1. SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION WAS APPROVED 4-1 WITH COUNCILMEMBER MEASELE5 OPPO5ED. **COUNCILMEMHER MEASELES MOVED TO APPROVE ORDINANCE NO. T98-4, SECOND READING OF AN ORDINANCE CHANGING THE ZONING CLASSIFICATIONS OF FOUR PARCELS OF LAND COMPRISING 111.03 ACRES, MORE OR LESS, LOCATED IN THE THOMAS CHOATE SURVEY, A-12, TFiE SARA MCKISSICK SURVEY, A-549, AND THE JOHN DICKSON SURVEY, A-15, F3ARRIS COUNPY, TEXA5, SY CHANGING TIiE ZONING CLA5SIFICATIONS FROM COMMUNITY SHOPPING CENTER (CSC) TRACT AND MULTIPLE FAMILY FZESIDENTIAL-HIGH DENSITY (MFR-H) , TO A 6. 941 ACRE AND A 16.752 ACRE COMMTJNITY SHOPPING CENTER (CSC) TR.ACT TO A 24.557 MULTIPLE FAMILY RESIDENTIAL-HIGH DENSITY (MFR-H TRACT, AND TO A 62 .782 MLTLTIPLE FAMILY RESIAENTIAL GARDEN HOME DISTRICT (MFR-GHD) TR.ACT, IN THE CITY OF FRIENDSWOOD, GALVESTON COUNI'Y, TEXASs EXCEPTING FROM SUCH REZONING A CERTAIN ROAD RIGHT-OF-WAY; AMENDING THE ZONING DISTRICT MAP OF THE CITY A5 ADOPTED BY ORDINANCE N0. 84-15, AS AMENDED, ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMHER, 1984, SAME BEING APPENDIX C OF THE FRIENDSWOOD CITY CODE; PROVIDING A PENALTY OF AN AMOUNr NOT TO EXCEED $2, 000 FOR EACH DAY OF VIOLATION HEREOF; AN'D PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER MIiNISON MOVEA TO APPROVE ORDINANCE N0. T98-5, SECOND READING OF ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION REGARDING THE REQUEST FOR SPECIFIC USE PERMIT FOR 0.2893 ACRES OF PROPERTY LOCATED IN THE 200 BLOCK OF EAST EDGEWOOD LOT 2, BLOCK 1, (SOUTHWEST PORTION) , MELODY PLAZA SECTION TWO SLTSDIVISION, GALVESTON COUNTY, TEXAS, PLANNED UNIT DISTRICT (PUD) , FOR A SPECIFIC USE PERMIT-PRINT SHOP (SUP-PRINT SHOP) , AMENDING TFIE ZONI23G DISTRICT MAP OF TFIE CITY AS ADOPTED BY ORDINANCE NO. 84-15; AND CONTAINING OTHER PROVI5IONS RELATING TO THE SUBJECT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2, �00 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING FOR SEVERA.BILITY. SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION WAS APPROVED UNANIMdUSLY. **COUNCILMEMBER HAJECATE MOVED TO APPROVE ORDINANCE N0. T98-6, SECOND READING OF AN ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATI013 REGARD223G THE REQUEST FOR SPECIFYC USE PERMIT FOR 6 .11 ACRES OF PROPERTY LOCATED AT WINDING WAY AT F.M. 518, LOTS 49 AbID 5a, VOSS 1265 SUBDIVISIONS, A.BSTRACT 151, LOT l, BLOCK l, FRIENDSWOOD, GALVESTON COUN'rY, TEXAS, COM6iUNITY SHOPPING CENTER (CSC) FOR A SPECIFIC USE PERMIT-ASSISTED LIVIIdG FACILITY (SUP-ASSISTED LIVING FACILITY) , AMENDII3G THE ZONING DISTRYCT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO. 84-15; AND CONTAINING OTHER PROVISIONS RELATII3G TO THE SUBJECT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2, 000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVTDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBER MANISON. THE MOTTON WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER MANISON MOVED TO APPROVE ORDINANCE N0. T98-7, FIRST READYNG OF AN ORDINANCE OF THE CITY OF FRIENDSW�OD, TEXAS, APPROVING THE PLANNING ADID ZONING COMMISSION RECOMMENDATION REGARDING THE REQUEST FOR A SPECIFIC USE PERMIT FOR 16 . 9225 ACRES LOCATED AT F.M. 52$ AND WINDSONG OUT OF LOT5 12 AND •15, SECTION 6, B-S-&-F SURVEY, BURGESS ADDIT20N, GALVEST013 COUNTY, TEXAS, 52NGLE FAMILY RESIDENTIAL (SFR) FOR A SPECIFIC USE PERMIT-5CHOOL (SUP-SCHOOL) , AMENDING TFTE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE NO. 84-15; AN17 CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; PROVIDING A P�NALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VTOLATION HEREOF; AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBER AUSTIN. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER HAJECATE MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED. A. APPOINTMENT/REAPPOINTMENTS TO BOARDS, COMMITTEES, AND COMMISSION5. 1. CO2�SUNITY APPEAI2ANCE BOARD - APPOINTMENT OF LATJRA EWING, GREG HUGHES,AND CECILIA NICFIOLAS TO FILL VACANCIES DUE TO THE RESIGNATIONS OF BECKY ERICSSON, KATHY JACK50N, AND SUE LANG. THESE TERMS WILL EXPIRE NOVEMBER, 2000 2. EXTEND TERMS OF BICYCLE ADVISORY COMMITTEE TO NOVEMBER B. APPROVE COMMERCIAL SITE PLAN FOR GUAF2AN'i'Y FEDER.AL ON WINDING WAY. C. P�20PERZ'Y TAX REPORT FOR FEBRUARY, 1998. D. MINU'TES OF FEBRUAR'Y 2, 9 AND 16 1998. SECONDED BY COUNCILMEMBER MANISON. THE MOTION WAS APPROVED UNANIMOUSLY. A MOTION Y1A5 MADE AND APPROVED TO ADJOURN AT 8:13 P.M. MAYOR HAROLD L. WHITAK ATTEST: S D LORIS MCKENZI , T C CITY SECRETARY