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HomeMy WebLinkAboutCC Minutes 1998-04-06 Regular ' ' 1269
STATE OF TEXAS ) (
CITY OF FR2EPTDSWOOD ) (
COIINTIES OF GALVESTON/HARRIS ) (
APRIL 6, 1998 ) (
MINIITES OF A REGIII+AR MEETING OF THE FRIENDSWOOD CITY COIINCIL THAT WAS HELD
ON MONDAY, APRIL 6, 1998, AT 6:15 P.M. , AT FRIEIQDSWOOD CITY HALL COUDiCIL
CH�ERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING
" PRESENT CONSTIT�TING A QIIORUM:
MAYOR HAROLD L. WHITAICER
MAYOR PRO TEM JERRY ERICSSON
COIINCILMEMBER KITTEN HAJECATE
COIINCII,ME'MBER TOM MANISON
COIINCILMEMBER MEL AIISTIN
CODNCILMEMBER ALINE DICKEY
COUNCILMEMBER MEL MEASELES
CITY ATTORNEY ICIM MICKELSON'
CITY MANAGER RON COX
CITY SECRETARY DELORIS MCKENZIE
MAYOR WF�ITAKER CALLED TFiE MEETING TO ORDER.
COUNCIL CONVENED INTO EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS
GOVERNMENT CODE, SECTION 551-0071 - CONCERNING PENDING OR CONTEMPLATED
LITIGATION.
COUNCIL RECONVENED INTO REGULAR SESSION AT 6: 59 P.M. WITH NO ACTZON TAKEN.
A MOMENT OF SILENCE WAS OBSERVED.
WEBELOS, FROM DEN 5, TROOP 224, SPONSORED BY FRIENDSWOOD METHODIST CHURCH,
GAVE THE PLEDGE OF ALLEGIANCE TO THE STATE OF TEXAS I�ND TO THE UNITED STATES.
MAYOR WHITAKER AND BILL FINGER, CHAIR OF THE PLANNING AND ZONING COMMISSION
CALLED A DOCKETED PUBLIC HEARING TO ORDER TO RECEIVE COMMENTS BOTH ORA.L AND
WRITTEN REGARDING HOUSTON LIGHTING AND POWER COMPANY PROPOSED R.ATE ORDINANCE.
COUNCILMEMBER MEASELES LEFT THE ROOM AT THIS TIME. '
NO COMMENTS WERE RECEIVED FROM THE PUBLIC.
HEA.RING NO INPUT, THE D�CKETED PUBLIC HEARING WAS CLOSED.
COUNCILMEMBER MEASELES RETURNED TO THE COUNCIL CHAMBERS AT THIS TIME.
MAYOR WHITAKER PROCLAIMED APRIL 6, 1998 AS "1998 DECATHLON TEAM DAY" FOR
WINNING THE STATE ACADEMIC DECATHLON SIX CONSECUTIVE YEA.RS, APRIL 18-25,
1998 AS "IMMLTNZZATION WEEK" TO SUPPORT THE "SHOTS ACROSS TEXAS" EVENT,
APRIL, 1998 AS "NATIONAL CHILD ABUSE PREVENTION" MONTH, AND APRIL 30, 1998 AS
"FRIENDSWOOD'S BIG HEARTS LOCK-UP" FQR MUSCULAR DYSTROPHY
COUNCILMEMBER HAJECATE REPORTED ATTENDING THE CLEA.R LAKE ECONOMIC
DEVELOPMENT FOUNDATION (CLAEDF) MEETING ON MARCH 17 AT THE LAKEWOOD YACHT
1270
CLUB WHERE MALCOLM GILLIS, PRESIDENT OF RICE UNIVERSITY SPOKE ON "RICE,
TODAY AND TOMORROW", ATTENDED THE CEREMONY REGARDING THE VAN THAT WAS
DONATED BY GALVESTON COUNTY TO FRIENDSWOOD'S SENIOR CITIZENS, ATTENDED THE
PRAYER BREAKFAST, ATTENDED THE "OUR FAMILY, YOUR FAMILY" MEETYNG HOSTED BY
CHANNEL 11 WHERE THE TOYIC WAS KEEPING YOUTH SAFE, ATTENDED THE YOUTH DAY
FOR ALL SPORTS, ATTENDED TIiE RUSSIAN FESTIVAL, THE DEDICATION OF LAURA
RECOVERY CENTER FOIINDATION, AND WILL ATTEND THE TRI CITY CHAMBER LUNCHEON ON
APRIL 8, THE FRIENDSWOOD VOLUNPEER FIRE DEPARTMENT ANNUAL BANQUET ON APRIL
18, AND THE 2�A "LOCK UP" FOR MUSCULAR DYTROPHY ON APRIL 30, 1998. �
COUNCILMEMBER ERICSSON REPORTED ON ATTENDED MANY OF THE S11ME FUNCTIONS, AND
STATED THAT THE YOUTIi DAY SPORTS REGISTRANrS WERE 523 IN 1988, AND THIS YEAR
THE REGISTRATION TOTALLED 1,200, NEARLY DOUBLE.
COUNCILMEMBER MI►NISON REPORTED ON ATTENDED THE CLAEDF MEETING, THE HARRIS
COUNrY MAYORS AND COUNCIL'S (H.C.M.& C. ) MEETING WHERE THE PROGRAM WAS THE
"WEB SITE", AND STATED HE WILL ATTEND THE CLAEDF MEETING REGARDING THE "KEEP
IT SOLD" PROGRAM, AND THE ROTARY REVERSE DRAW ON APRIL 28TH, REMINDED
EVERYONE OF THE CEREMONY IN REMEMBERANCE OF THE EXPLOSION THAT OCCURRED IN
TEXAS CITY, ATTENDED THE RIISSIAN FESTIVAL, THE TML REGION 14 MEETING, THE
TEXAS WATER DEVELOPMENT BOARD MEETING, CLEAR LAKE TF2ANSPORTATION PARTNERSHIP
MEETII3G IN SEABROOK WHERE THE PROGRAM WAS ISTEA, A21D STATED THAT THERE IS
NEW MONEY FOR HIKE AND BIKE TR.AILS.
COUNCILMEMBER AUSTIN REPORTED THAT THE BRIO REPORT CONTAINED INFORMATION ON
MUD GULLY MONITORING, ATTENDED THE NEIGHBORHOOD COMMERCIAL PROPERTY OWNER'S
MEETING WHERE CONCERNS WERE STATED REGARDING TIiE PERMITTED USE TABLE, MORE
OFFICE PARKS AND ALLOWANCE OF RETAIL BUSINESS IN THESE CENTERS, REPORTED ON
ATTENDING THE CLEAR LAKE TRANSPORTATION PARTNERSHIP MEETING REGARDING THE
SCENIC ROUTE, AND THE CLEAR CREEK DRAINAGE DISTRICT MEETING. '
COUNCILMEMBER DICKEY REPORTED ON ATTENDING THE TEXAS MUNICIPAL LEAGUE (TML)
PUBLIC SAFETY - LEGISLATIVE POLICY COMMITTEE MEETING, THE NEIGHBORHOOD
COMb1ERCIAL PROPERTY OWNERS MEETING WHERE CONCERNS REGARDING THE PERMITTED
USE TABLE WERE DISCUSSED, THE TEXAS DEPARTMENT OF TRANSPORTATION PLI�NNING
MEETING REGARDING THE 245 SOUTH CORRIDOR, THE TML REGION 14 MEETING, THE
RUSSIAN FESTIVAL HELD IN NASSAU BAY AND REPORTED THAT THE HEAD COSMONAUT
FROM STAR CITY U5ED TO LIVE IN FRIENDSWOOD, REMINDED EVERYONE OF HOUSE BILL
39, I:ND WISHED EVERYONE A HAPPY EASTER.
COUNCILMEMBER MEASELES REPORTED ON ATTENDING MANY OF THE SAME MEETINGS,
ATTENDED THE TOWN MEETING REGARDING CHILD SAFETY, COMMUNITY APPEARANCE BOARD
MEETING ON RECYCLED YARD WASTE, AND REPORTED ON THE TRI-COUN'i'Y COMMUNITY
COMPOSTING PROGRAM.
MAYOR WHITAKER REPORTED .ON ATTENDING MANY OF THE SAME MEETINGS P.ND STATED
THAT THIS WAS A VERY ACTIVE PERIOD OF TIME.
MAYOR WFIITAKER PROCLAIMED APRIL 6, 1998 AS "1998 DECATHLON TEAM DAY" TO THE
STUDENTS OF FRIENDSWOOD HIGH SCHOOL AND CONGR.ATULATED THE STUDENTS AND THE
COACFZES PEPPER SMITH AND RUTH ANN KRAJEFSKA ON WINNING THIS COMPETITION SIX
YEARS IN A ROW.
,
1271
MAYOR Wli2TAKER PROCLAIMED APRIL 18 - 25 AS "Ir4TUNIZATION WEEK" TO SUPPORT
THE "SHOTS ACROSS TEXA5" EVENT. MRS. GONZALES FRON THE GALVESTON COUNTY
HEALTH DEPARTMENT RECEIVED THE PROCLAMATION.
MAYOR WHITAKER PROCLAIMED APRIL 30, 1998 AS "FRIENDSWOOD'S BIG HEARTS
LOCK-IIP' FOR MUSCULAR DYST120PHY. MF2. KEN CLARY RECEIVED THE PROCLAMP,TION.
MAYOR WHITAKER PROCLAIMED APRIL, 1998 AS "NATIONAL CHILD ABUSE PREVENTION'"
MONTH. MS. ALLISON ROBERTS, DIRECTOR OF FAMILY OUTREACH OF CLEAR LAKE/BAY
AREA RECEIVED THE PROCLAMATION .t1IdD REMIDIDED EVERYONE OF THE COMMUNITY
EVEbIT-"CELEBR.ATE LIFE= A SALLTTE TO CHILDREN" HTEiICH WILL BE EiELD I21 STEVEbiSON
PAR.K ON APRIL 28 AT 6:30 P.M.
MR. DON BARCAK, APPEARED BEFORE CO[JNCIL AND ANNOIINCED IiIS CANDIDACY FOR
POSITION 4 FOR THE CLEAR CREEK DRAINAGE DISTRICT AND PRESENTED HIS PLATFORM.
CITY MANAGER COX REPORTED ON TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT)
M,i1�TOR INVESTMENT STUDY AND THAT INITIAL MEETING HAVE BEEN HELD REGARDING
MAJOR LONG-TERM NEEDS FOR TRA2JSPORTATION IN THIS AREA AND WILL KEEP COUNCIL
INFORMED ON HOW THE MEETING AFFECT FRIENDSWOOD. MR. COX ALSO REPORTED ON
THE HURRICANE POLLY EXERCISE AND THE CHANNEL 11 TOWN MEETING ON CHILD SAFETY
THAT HELD AT FRIENDSWOOD HIGH 5CHOOL REGARDING CHILD SAFETX ISSUES.
COUNCILMEMBER DICKEY ASKED CITY MANAGER COX FOR THE ADDF2ESS FOR DONATIONS
FOR THE LAURA FOUNDATION. MR. COX STATED THAT HE WILL GET THE ADDRESS.
COUNCTLMEMAER DICKEY ASKED ABOUT THE HOUSTON-GALVESTON AREA COUNCIL SOLID
WASTE GRANT WITH CITY MANAGER COX I2ESPONDING THAT 5USAN Ii00D, CHAIR OF THE
CO1+�IUNITY APPEARANCE BOARD (CAB) , FiAD PREVIOUSLY PREPARED AN APPLICATION AND
BELIEVES SHE WILL RE-5UBMIT THE GRAN'P FOR EDUCATION.
COLTNCILMEMBER ERICSSON ASKED ABOUT THE COMMITTEES REPORTING TO COUNCIL ON A
CONTINUED BASIS WITH CITY MANAGER COX STATING HE WOULD SCHEDULE THE
COMMITTEES FOR REPORTING AT WORKSHOPS.
**CQUNCILMEMBER HAJECATE MOVED TO APPROVE RESOLUTION NO. R98-9, A RESOLUTION
OR THE CITY OF FRIENDSWOOD, TEXAS, AS A FEDERAL EMERGENCY MANAGEMENT AGENCY
_ FARTICIPATING COMMUNITY IN THE I3ATIONAL FLOOD INSL7RANCE PROGRAM HEREBY
ENDORSES TFiE DICKINSON� BAYOU 100 YEAR FLO�D PLAIN AS REVISIONS WITHIN THE
CITY'5 JURISDICTION.
SECONDED BY CODNCILMEMBER AUSTIN. TIiE MOTION WAS APPROVED UNANIMOUSLY.
**COUNCILMEMBER MEASELE5 MOVEA TO APPROVE RESOLUTION NO. 98-12, A RESOLUTION
OF THE CITY OF FRYENDSWOOD, TEXAS, OBJECTING TO PASSAGE OF THE INTERNET TAX
FREEDOM ACT.
SECONDED BY COUNCILMEMBER DICKEY. THE MOT20N WAS APPROVED UNANIMOUSLY.
**COi7NCIL�ER AUSTIN MOVED TO APPROVE ORDTNANCE NO. T98-1, SECOND READING
OF AN ORDINANCE AMENDING APPENDIX C OF TFiE FRIENDSWOOD CITY CODE, SA2D
APPENDIX C BEING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE NO. 84-15, AS
AMENDED, ORIGINALLY ADOPTSD THE 19TH DAY OF NOVEMBER, 1984, AND BEING THE
ZONING ORDINANCE OF THE CTTY, BY AMENDING SUBSECTION F. , PARAGRAPH 4, "CSC,
COMMCTNITY SHOPPITJG CENTER DISTRICT" BX ADDING LANG'UAGE TO CLARIFY HOW
ALLOWABLE OFFICE U5ES ARE TO BE C.ALCULATED; BY AMENDING SUBSECTION J. , "PUD,
PLANNED UNIT DEVELOPMENT, GENERAL PURPOSE AND DESCRIPTION" OF SECTION 7;
1272
AMENDING SIIBSECTION K. , "RSC, REGIONAL SHOPPING CENTER, GENERAI� PURPOSE AND
DESCRIPTION" OF SECTION 7 BY STRIKING THE ENTIRE SUBSECTION; AMENDING
SUBSECTION P. , "PERMITTED IISES, " PARAGRAPH 5 OF SECTION 7, STANDARD
INDUSTRIAL CLASSIFICATION BY STRIKING THE PRESENT REFERENCE AI�TD SUBSTITUTING
A NEW REFERENCE THEREFOR; REVISING SUBSECTION P.2 OF SECTION 7, THE
PERMITTED IISE TABLE, THEREOF BY STRIKING THE COLULSNS HEADED SFR, MFR-GHD,
MFR-L, MFR-M, MFR-H, MHR, CSC, OBD, PUD, RSC, A-1, LI, I, BP, AND
SUBSTITIITING THEREFOR NEW COLIIMNS HEADED SFR AND SFR-E, MFR-GFID, MFR-L,
MFR-M, MFR-H, MHR, CSC, OBD, PUD, A-1, LI, I, BP; AMENDING SUBSECTION I.
"LANDSCAPING AND SCREENING REQIIIREMENTS, PARAGRAPH 2. , "PERIMETER
LANDSCAPING A.ND SCREENING" SUS-PARAGRAPH A. , OF SECTION 8 BY REPLACING THE
FIRST SENTENCE; PROVIDING 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.
SECONDED BY COL7NCILMEMBER FiAJECATE.
***COUNCILMEMBER DICKEY MOVED TO AMEND ORDINANCE T98-1, THE PERMITTED USE
TABLE.
SECONDED BY COUNCILMEMBER AUSTIN. THE MOTION PASSED UNANIMOUSLY.
**COUNCILMEMBER AIISTIN MOVED TO APPROVE ORDINANCE N0. T98-7, SECOND READING
OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, APPROVING THE PLANNING
AND ZONING COMMISSION RECOD4IENDATION REGA.RDING THE REQUEST FOR A SPECIFIC
USE PERMIT FOR 16.9225 ACRES LOCATED AT F.M. 528 AND WINDSONG OUT OF LOTS 12
IaND 15, SECTION 6, B-S-&-F SURVEY, BURGESS ADDITION, GALVE5TON COLTNTY,
TEXAS, SINGLE FAMILY RESIDENTIAL (SFR) FOR A SPECIFIC USE PERMIT.-SCHOOL
(SUP-SCHOOL} , AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY
ORDINANCE NO. 84-15; 11ND CONTAINING OTFIER PROVISIONS RELATING TO THE
SUBJECT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY
OF VYOLATION HEREOF; AND PROVIDING FOR SEVER.ABILITY.
SECONDED BY COIINCILMEMBER DICKEY. THE MOTION WAS APPROVED UNANIMOUSLY.
**COUNCILMEMBER HAJECATE MOVED TO APPROVE ORDINANCE NO. T98-8, FIRST READING
OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, PROVIDING FOR THE
APPROVAL OF THE AGREEMENT DATED APRIL 6, 1998, BETWEEN THE STATE OF TEXAS
AND THE CITY OF FRIENDSWOOD, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE,
USE, OPERATION AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNAL/LIGHTING AT THE
LOCATION SHOWN ON EXHISIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE
CITY OF FRIENDSWOOD; PROVIDING FOR THE EXECUTION' OF SAID AGREEMENT.
SECONDED BY COUNCILMEMBER DICKEY. THE MOTION WAS APPROVED UNAN7,MOUSLY.
**COUNCILMEMBER MANISON MOVED TO APPROVE ORDINANCE NO. T98-9, FTRST READING
OF AN �RDINAI7CE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD,
TEXA5, BY ADDING TO CHAPTER 6 THEREOF A NEW ARTICLE II, PROHIBITING NUDITY
IN COMMERCIAL ESTABLISFi2v1ENTS LOCATED WITI3IN THE CITY LIMITS OF THE CITY OF
FRIENDSWOOD, TEXAS, AT WHICH ALCOHOLIC BEVERAGES ARE SERVED, OFFERED FOR
SALE FOR CONSUMPTION ON SUCH PREMISES, OR AT WHICH THE CONSUMPTION OF
ALCOHOL IS PERMITTED; SETTING OUT PROHIBITED ACTIVITIES; DEFINING PROHIBITED
NUDITY; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2, 000 FOR EACH DAY
OF VIOLATION OF ANY PROVISION HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR REPEAL OF ANY ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
SECONDED BY COUNCILMEMBER AUSTIN. THE MOTION WAS APPROVED UNANIMOUSLY.
. 1273
**COIINCILMEMSER FiAJECATE MOVED TO A.PPROVE ORDINANCE NO. T98-10, FIRST
READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOA AMENDING ORDINANCE N0.
86-6, WHICH AMENDED ORDINANCE NO. 84-15, PASSED AND APPROVED ON NOVEMBER 19,
1984, I�LID KNOWN AS THE ZOIZIbIG ORDI2iADTCE QF THE CITY, BY AMENDING THE CEiANGE
OF ZONING OF CERTAIN PARCELS OF LAND LOCATED AT 1206 WINDING WAY FROM
SPECIFIC USE - CFiURCH TO SPECIFIC IISE CFiIIRCH AND EDUCATIONAL FACILITY.
SECONDED BY COIINCILMEMBER MANZSON. THE MOTION WAS APPROVED UNANIMOUSLY.
**COIINCILMEMBER AUSTIPI MOVED TO APPROVE OR.DINANCE N0. T98-11, FIRST READING
OF AN ORDINANCE AMENDING CHAPTER 50 OF THE CITY OF FRIENDSWOOD CODE OF
ORDINANCES BY DELETING THE PRESENT DEFINITION OF MOBILE fIOME ADID REPLACING
IT IN ITS ENTIRETY WITIi A NEW DEFINITION; PROVIDING FOR SEVEFtABILITY;
' PROVIDING FOR TIiE IMPO5ITION OF A PENALTY NOT TO EXCEED $2, 000 PER DAY; APTD
PROVIDING FOR OTHER RELATED MATTERS.
SECONDED BY COUNCILMEMBER DICKEX. THE MOTION WAS APPROVED UNANIMOUSLY.
COUbTCILMEMBER MEA5ELE5 LEFT THE R�OM AT THIS TIME.
**COUNCILMEMBER AUSTIN MOVED TO APPROVE OR.DI23ANCE NO. T98-1.2, FIRST READING
OF AN ORDINANCE APPROVING CERTAIN BASE RATE CREDITS I�ND A CHANGE IN
ACCOLTNTIIJG PROCEDURES FOR FiOUSTON LIGHTING AND POWET2 COMPANY; PROVIDT23G ADI
EFFECTIVE DATE THEREFOR; APPROVING A MOST FAVORED NATION PROVISION; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN
TO THE PL3BLIC AS REQUIRED BY LAW; AND PROVIDING FOR SEVERABILITX.
SECONDED BY COUNCILMEMBER ERICSSON. THE MOTION PASSED 6-0 WITH
COUNCILMEMBER MEASELES ABSTAINING.
COUNCILMEMBER MEASELES RETURNED TO TFiE ROOM AT THIS TIME.
**COUNCILMEMBER HAJECATE MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED. '
A. PAYMENT OF CAPITAL PROJECTS - 1. SOMERSET PLACE SOUNDWALL WITFi FIRST
PAYMENT IN THE AMOUNr OF $56,195.35 TO ROADWAY CONSTRUCTION INC. FOR
CONSTRUCTION OF A SOU2IDWALL„ BID 97-22 . THE PAY APPLICATZON REPRESENTS 34
PERCENT. THE PROJECT YS ESSENTIALLY COMPLETE, AND THERE WILL PROBA.BLY BE
ONE MORE PAYMENT. B. APPROVAL QF BANNER PERMIT APPLICATIONS: 1. MAf2Y QUEEN
CHURCH FESTIVAL, APRIL 20-26,1998. 2.FRIENDSWOOD HERITAGE GARDENERS HOME
GA.RDENS TOUR, MAY 2-3, 1998. C. RESOLUTION R98-11 - A RESOLUTION BY THE
MAYOR AND COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS AUTHORIZING AERIAL
SPRAYING OVER FRIENDSWOOD BY THE GALVESTON COUNTY MOSQUITO CONTROL DISTRICT
FOR THE COU23TY-WIDE MOSQLl'ITO CONTROL PROGRAM. D. MINUTES OF MP.RCH 2 AND
16, 1998.
SECONDED SY COUNCILMEMBER MANISON. THE MOTION WAS APPR�VED UNADIIMQUSLY.
A MOTION WAS MADE AND APPROVED TO ADJOURN AT 8 :30 P.M.
MAYOR HAFtOLD L. WHITAKE
ATTEST:
f
.
DELORIS MCKENZI , T C
CITY SECRETARY