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HomeMy WebLinkAboutCC Minutes 1998-04-20 Regular 1277 5TATE OF TEXAS � ( CITY OF FRIENDSWOOD ? ( , COIINTIES OF C�ALVBSTON/HARRIS ) ( APRIL 20, 1998 ),( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, APRIL 20, 1998, AT 7:00 P.M. , AT FRIENDSWOOD CITY HALL COUNGIL CFiA�IDERS, 910 5. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A Q[70RUM: MAYOR HAROLD L. WHITAKER MAYOR PRO TEM JERRY ERICSSON COUNCILI�I�ER KITTEN HAJECATE COUNCIL2�I�ER TOM DSANISON COIINCIL�ER MEL AU5TIN COIINCILMEI�ER ALINE DICKEY COUNCILMEI�ER MEL MEASELES CITY ATTORNEY RIM MICKELSON CITY M}1NAGER RON COX . CITY SECRETARY DELORIS MCKENZIE MAYOR NTHITAKER CALLBD THE MEETING TO ORDER. THE INVOGATION WAS GIVEN BY FORMER COUNCILMEI�ER Dft. HAROLD RA.LEY, REPRESENTING TAE FRIENDSWOOD FRIENDS CHURCH. THE PLEDGE OF ALLEGIANCE TO THE STATE OF TEXAS AND TO THE UNITED STATES WAS LED BY BOY 5COUT TROOP 452. MAYOR WHITAKER PROCLAIMED APRIL ].9-25, 1998, "NATIONAL LIBRARY WEEK" AND DIRECTOR OF THE FRIENDSWOOD PUBLIC LIBRARY, MARY PERRONI, RECEYVED THE P ROCLAMI�TION. MAYOR WHITAKEFt PROCLAIMED APRIL 19-25, 1998, "NATIONAL VOLLTNTEER WEEIC" AND KATHLEEN HOLT AND FORMER COUNCILMEPIDER JIM HARREL RECEIVED THE PROCLAMI�TION: MAYOR WHITAKER PROCLAIMED APRIL 20, 1998 AS CASA DAY - COURT APPOINTED SPECIAL ADVOCATB FOR CHILD ABIISE, AND MARJORIE HOFFMAN AND JUDY SHATTUCK RECEIVED THE PROCLAMATION. MAYOR WHITAKER PROCLAIMED MAX 2, AS HANGAR SQUARES SEVENTEENTH ANNUAL JUBILEE A23A JOHN AND JO ANN CRISTE RECEIVED THE PROCLAMATION. CITY MANAGER RON COX PRESENTED FRIENDSWOOD POLICE CHIEF JARED STOUT THE FIVE STAR AWARD FOR THE FIRST QUARTER OF 1998. CFIIEF STOUT WAS NOMINATED BY SEVER.AL MEMBERS OF HIS OWN DEPARTMENT FOR HIS COMPASSION, THOUGHTFULNESS, AND THE EXTRA EFFORT CHIEF 5TOUT WENT TO ON BEHALF OF THE CHILDREN OF GARY EDWARDS WHEN TFiEY WERE INVOLVED IN A RECENT TRAFFIC ACCIDENT. DUE TO BECOMINC� ILL, CONNIE ELSTON, DIRECTOR OF THE CLEAR LAKE TRANSPORTATION PARTNERSHIP, DID NOT APPEAR BEFORE COUNCIL TO MAKE A PRESENTATI023. 1278 COUNCILMEMBER MEASELES REPORTED ON ATTENDING THE PLANNING AND ZONING COMMISSION'S MEETING OF APRIL 9 AND APRIL 16, ATTENDED NC7MEROUS FiOMEOWNER ASSOCIATION MEETINGS, I�ND STATED .THAT COUNCIL SHOULD LOOK AT A POLICY ON TfiE MAINTENANCE OF SIDEWALKS. COUNCILMEMBER DICKEY REPORTED ON ATTENDING THE TRI-COUN'TY CFiAMBER MEETING WHERE CONGRESSMAN TOM DELAY SPOKE, ASKED ABOUT INTERNET SALES TAX, �1ND REPORTED ON ATTENDING TIiE CLEAR LAKE TF2ANSPORTATION PARTNERSHIP MEETING DURING WHICFi THE SCENIC ROUTE ON NASA ROAD ONE WAS DISCUSSED. COUNCILMEMBER AUSTIN REPORTED ON ATTENDING THE CLEAR LAKE TR1�INSPORTATION MEETING DURING WHICH HIKE AND BIKE TR.AILS ALONG NA5A ROAD ONE WERE DISCUSSED, ATTENDED THE SOCCER MEETING REGARDING FACILITIES, ATTENDED THE CHAMBER MEETING, TIiE LAW ENFORCEMENT INTERLOCAL MEETING FOR SERVING THE CLEAR LAKE AREA, AND ATTENDED THE PRAYER BREAKFAST. COUNCILMEMBER M13NI50N REPORTED ON ATTENDING THE WATERS DAVIS SOIL CONSERVATION MEETING, THE CLEAR LAKE AREA ECONOMIC DEVELOPMENT FOUNDATION MEETING REGARDING THE "KEEP IT SOLD" PROGRAM FOR NASA FUNDING THE SPACE STATION, THE SAM HOUSTON RECLAMATION DISTRICT MEETING HELD AT CAMP MANISON, AND THE HARRIS COLTNTY MAYORS 7�7D COUNCIL'S MEETING. COUNCILMEMSER ERICSSON REPORTED ON ATTENDING THE COMMUNITY AND ECONOMIC DEVELOPMENT MEETING, TFIE COMPREFIENSIVE PLAN WORKSIiOP, AND WAS APPOINTED TO THE NOMINATING CONIDSITTEE FOR THE FiARRIS COUNTY MAYORS AND' COUNCIL'S MEET2NG AND MAYOR RUSSELL APPLEBE FROM MORGANS POINT WAS NOMINATED AS SECRETARY/TREASURER. COUNCILMEMBER HAJECATE REPORTED ON ATTENDING THE TRI-COUNTY CHAMBER LUNCHEON, THE PRAYER BREAKFAST, THE WESTWOOD/CLINE AVCTION DURING WHICH $40, 000 WAS RAISED, THE FRIENDSWOOD VOLZ7NTEER FIRE DEPARTMENT ANNTJAL BANQUET, THE CFiAMBER'S NETWORK BREAKFAST, AND REMINDED EVERYONE OF THE SPRING STORYTELLING PROGRAM WHICH WILL BE HELD AT 1776 PARK ON APRIL 26, BEING SPONSORED BY FRIENDSWOOD CObII�![TNITY EDUCATION, FISD, THE COMMUNITY SERVICES DEPARTMENT, THE PUBLIC LIBRARY AND THE CFiAMBER OF CObII�RCE, AND STATED SHE HAS BEEN NAMED HONORARY CHAIR OF "FRIENDSWOOD'S BIG HEARTS LOCK-UP" BENEFITING MUSCULAF2 DYSTROPY, WHICH WILL BE HELD ON APRIL 30 AT THE PASTA COMPANY, REMINDED EVERYONE OF THE NATIONAL DAY OF PRAYER WHICH WILL BE HELD AT CITY HALL ON MAY 7, AND ANNOUNCED THAT HURRICANE PREPAFtATION GUIDES ARE AVAILABLE AT CITY HALL OR AT THE FIRE MARSHAL'S OFFICE. MAYOR WHITAKER ANNOUNCED THAT HE T00 HAS BEEN BUSY THE5E LAST TWO WEERS ATTENDING MOST OF THE SAME MEETINGS. CITY MANAGER COX REPORTED ON THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE MEETING DDRING WHICFI THE COMMITTEE REVIEWED PROPOSALS FOR A CONSULTANr TO PROVIDE A STRATEGIC AND ECONOMIC DEVELOPMENT PLAN FOR THE CITY OF FRIENDSWOOD. MR. COX REPORTED THAT AFTER DISCUS5ION BY COMMITTEE MEMBERS, ONE PROPOSAL FROM KENNETH BALK & ASSOCIATES WAS SELECTED AND AN INTERVIEW SCHEDULED, AND THAT COUNCIL HAS BUDGETED $53, 000 FOR THIS EFFORT. MR. COX ALSO REPORTED ON THE COMPREHENSIVE PLAN PARKS ELEMENT � STATED THAT THE PLAN WILL HAVE TO BE REVIEWED AND AMENDED BEFORE ADOPTION. _... ._ 1279 COUNCILMEMBER DICKEY ASKED IF THE MOR.ATORILJM REGARDING TAE FOREST SL7BDIVISION LTTIL2TY PROBLEM HAS BEEN RESOLVED WITH CITY MANAGER COX STATED IT HAS BEEN RESOLVED FOR THE TFiIRD SECTION ONLY, THAT THE SECTION HAS THE PROPER WATER PRESSURE FOR FIRE, AND THAT THERE IS AN INTERLOCAL AGREEMENT WITH TIiE CITY OF PEARI.I+ND IN' CASE FRIENDSWOOD NEEDS THEM. COUNCILMEMBER DICKEY ASKED ABOUT THE CO2�3ERCIAL BUSINESS COMPLAINTS, THE PERMYTTING PROCESS, STATED THAT TFiE COMM[TNITY DEVELOPMENT DEPARTMENT NEEDS TO HELP BUSINESSES GET PERMITS WIHT MR. COX RESPONDING THAT HE WILL SET UP A MEETING TOMORROW WITH THE STAFF AI3D SOME COt��RCIAI, BUSINESSES THAT HAVE PROBLEMS, AND STATED THAT THE PERMITTING PROCESS DOES TAKE TIME BUT TTiIS ENSURES THE LEVEL OF QUALITY. **COUNCZLMEMBER HAJECATE MOVED TO APPROVE AU'TFIORIZING CONTRACT WITIi TEXAS PARKS 3�.ND WILDLIFE COMMISSION FOR TEXAS RECREATION AND PARKS ACCOUNT FUbiDS FOR RENOVATIOIdS TO THE ACTIVITY BUILDING. SECONDED BY COCTi�iCILMEMBER AUSTIN. THE MOTION WAS APPRQVED UNANIMOUSLY. **COT]21'CILMEI��ER AUSTIN MOVED TO APPROVE AUTHORIZING HALL/BARNTJM TO PREPARE PLANS AND SPECIFICATIONS FOR RENOVATIONS TO THE ACTIVITY BUILDING. SECONDED BY COUNCILMEMBER MEASELES. THE MOTION WA5 APPROVED UNANIMOUSLY. NO ACTIQN WAS TAKEN REGARD�NG RESOLUTION R98-13, A RESOLUTION OF THE CITY OF FRIENDSWOOD, TEXAS, GALVESTON/HARRIS COUN'!'IES, SUBMITTING NOMINATION TO THE BOARD OF DIRECTORS OF THE GALVESTON CENTRAL APPRAISAL DISTRICT FOR 1998/1999 FOR AN UNEXPIRED TERM. � **COUNCILMEMBER MEASELES MOVED TO APPROVE RESOLUTION R98-14, A RESOLUTION OF TFIE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, PROVIDING FOR THE ADOPTION OF THE L1�1ND USE ELEMENT OF THE PROPOSED COMPREHEN5YVE PLAN', AS RECOMbIENDED BY THE PLANNING AND ZONING COMMIS5ION, SAME TO BE A PART OF THE CITY'S COMPREHENSIVE PLAN. SECONDED BY COLTNCILMEMBSR HAJECATE. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEIrffiER HAJECATE MOVED TO APPROVE ORDINANCE N0. T98-1, SECOND READING OF AN ORDINANCE AM�NDING APPLNDIX 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 NOVE2�ER, 1984, AIdD BEING THE ZONING ORDINANCE OF THE CITY, BY AMENDING SUBSECTION F. , PARAGR.APH 4, "CSC, COMMVNITY 5HOPPING CENTER DISTRICT" BY ADDING LANGUAGE TO CLARIFY HOW ALLOWABLE OFFICE USES ARE TO BE CAI,CULATEDj BY AMENDING SUBSECTION J. , "PUD, PLANNED UNIT DEVELOPMENT, GENERAL PURPOSE AND DESCRIPTION" OF SECTION 7t AMENDING SUBSECTION K. , "RSC, REGIONAI, SHOPPING CENTER, GENER.AL PURPOSE AND DESCRIPTION" OF SECTION 7 BY STRIKING THE ENTIRE SUBSECTION; AMENDYNG SUBSECTION P. , "PERMITTED USES, " PARAGRAPH 5 OF S�CTION 7, STANDARD INDUSTRIAL CLAS52FICATION BY STRIKING THE PRESENT REFEl2ENCE AND SUBSTITU'TING A NEW REFERENCE THEREFORs REVISING SUBSECTION P.2 OF SECTION 7, THE PERMITTED USE TABLE, THEREOF BY STRIKING THE COLUMNS HEADED SFR, MFR-GHD, MFR-L, MFR-M, MFR-H, MIiR, C5C, OBD, PUD, RSC, A-1, LI, I, BP, AND SUBSTITUTING THEREFOR NEW COLUMNS HEADED SFR AND SFR-E, MFR-GHD, MFR-L, MFR-M, MFR-H, MHR, C5C, OBD, PUD, A-1, LI, I, BP; AMENDING SUBSECTION I. "LI�NASCAPING AND SCREENING REQUIREMENTS, PARAGRAPH 2 . , "PERIMETER I,AI3DSCAPII3G A23D SCREENI23G" SUB-PARAGRAPFI A. , OF SECTION 8 BY REPLACING THE FIRST SENTENCEf PRQVIDIIIG OTHER MATTERS RELATING TO THE SUBJECT; PROVIDII3G A 1280 PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOFj AND PROVIDING FOR SEVERABILITY. SECONDED BY COIINCILME2�ER AIISTIN.. THE MOTION WA3 APPROVED UNANIMOIISLY. , **COUNCILMEMBER AUSTIN MOVED TO APPROVE ORDINANCE NO. T98-8, SECOND READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, PROVIDING FOR THE APPROVAL OP' THE AGREEMENT DATED APRIL 20, 1998, BETWEEN THE STATE OF TEXAS AND TFIE CITY OF FRIENDSWOOD, FOR THE INSTALLATION, CONSTRIICTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF HIGHWAY TRAFFIC 5IGNAL/LIGFiT2NG AT THE LOCATION(S) SHOWN ON EXHIBIT l, F.M. 518 AND SHADOWBEND, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF FRIENDSWOODf PROVIDING FOR THE EXECUTION OF SAID AGR$EMENT. SECONDED BY COiTNC2LMENIDER HAJECATE. THE MOTION WAS APPROVED IINANIMOUSLY. **COIINCILI�I�ER AIISTIN MOVED TO APPROVE ORDINANCE N0. T98-9, SECOND READING OF AN ORDINANCE I�,MENDING THE CODE OF ORD2NANCES OF THE CITY OF FRIENDSWOOD, TEXAS, BY ADDING TO CHAPTER 6 TFIEREOF A NEW ARTICLE II, PROHIBITING NUDITY IN CONID�RCIAL ESTABLISF�NTS LOCATED WITHIN THE CITY LIMITS OF THE CITY OF FRIENDSWOOD, TEXAS, AT WHICH ALCOHOLIC BEVERAGES ARE SERVED, OFFERED FOR SALE FOR CONSVMPTION ON SUCH PREMISES, OR AT WHICH TFiE CONSUMPTION OF ALCOIiOL IS PERMITTED; SFsTTING OUT PROIi2BITED ACTIVITIES; DEFINING PROHIBITED NUDITYj PROVIDING A PENALTY IN AN AMOUNr NOT TO EXCEED $2, 000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOFj PROVIDING A SAVINGS CLAUSEj PROVIDING FOR REPEAL OF ANY ORDINANCES IN CONFLICT THEREWITH; �Lt�TD PROVIDING AN EFFECTIVE DATE. ' SECONDED BY COUNCILMEMBER MEASELES. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER HAJECATE MOVED TO APPROVE ORDINANCE N0. T98-10, SECOND READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD AMENDING ORDINANCE N0. 86-6, WfiICH AMENDED ORDINANCE NO. 84-15, PASSED AND APPROVED ON NOVEMBER 19, 1984, ANDKNOWN AS THE ZONING ORDINANCE OF THE CITY, BY AMENDING THE CHANGE OF ZONING OF CERTAIN PARCELS OF LAND LOCATED AT 1206 WINDING WAY FROM SPECIFIC USE — CHTJRCH TO SPECIFIC USE CHURCH AND EDUCATIONAL FACILITY; 11ND PROVIDING A PENALTY IN AN AMOZTNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF. SECONDED BY COUNCILMEI�ER AUSTIN. THE MOTION WAS APPROVED UNANIMOUSLY. • **COUNCILMEMBER MANISON MOVED TO APPROVE ORDINANCE NO. T98-11, SECOND READING OF AN ORDINANCE �NDING CHAPTER 50 OF THE CITY OF FRIENDSWOOD CODE OF ORDINANCES BY DELETING TFiE PRESENT DEFINITION OF M�SILE HOME AND REPLACING IT IN ITS ENTIRETY WITH A NEW DEFINITION; PROVIDING FOR SEVERABILITYj PROVIDINC3 FOR THE IMPOSITION OF A PENALTY NOT TO EXCEED $2,000 PER DAYj AND PROVIDING FOR OTEiER RELATED MATTERS. SECONDED BY COUNCILMEMBER AUSTIN. THE MOTION WAS APPROVED UNANIMOUSLY. COUNCILMENIDER MEASELES LEFT THE ROOM AT THIS TIME. **CODNCILMEMBER HAJECATE MOVED TO APPROVE ORDINANCE NO. T98-12, SECOND READING OF AN ORDINANCE APPROVING CERTAIN BASE RATE CREDITS F1ND A CHANGE IN ACCOUNr2NG PROCEDURES FOR HOUSTON LIGHTING AND POWER COMPANY; PROVIDING AN EFFECTIVE DATE THEREFORt APPROVING A MOST FAVORED NATION PROVISION1 FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAWj AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEA'IDER MANISON. THE MOTION PASSED 6-0. 1281 COUNCILMEMBER MEASELES RETURNED TO THE ROOM AT THIS TIME. **COUNCILME2+lHER HAJECATE MOVED . TO APPROVE ORDINANCE NO. T98-13, FIRST READING OF AN ORDINA27CE OF T�FiE CITY OF FRIENDSWOOD, TEXAS, ALTERING THE PR=MA FACIE SPEED LIMIT5 ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF TEXAS T1tANSPORTATION CODE SECTION 545.356, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVE5TIGATION, UPON CERTAIN 5TREETS AND HIGHWAYS, OF PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF FRIENDSWOOD, AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200 FOR THE VIOLATION OF THI5 ORDINANCE. SECONDED BY COUNCILMEI�ER AUSTIN. TFiE MOTYON WAS APPROVED UNANIMOUSLY. **COUNCILOMEi�ffi'LR MANISON MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED. A. PAYMENT OF CAPITAL PROJECTS: SOMERSET SO'(TND WALL WITH THE SECOND PAYMENT IN THE AMOUNr OF $108,813.00 TO RQADWAI' CONSTRUCTION INC. FOR CONSTRUCTION OF A SOUND WALL, BID 97-22. THE PAY APPLICATION REPRESENTS 100 PERCENT COMPLETION. FIVE PERCENT RETAINAGE REMAINS. 2. SAN JOAQUIN PARKWAY PAVEMENT REPLACEMENT WITH THE FIRST PAYMENT IN THE AMOUNT OF $26,959.95 TO SCI CONSTRUCTORS, INC. , BID 98-1. THE PROJECT IS FOUR PERCENT COMPLETE. RETAINAGE IS 10 PERCENT. B. DISPOSITION OF BID 98-2, BREATHING AIR COMPI�ESSOR TO EOUR AI,ARM FIRE EQUIPMENT IN THE AMQUNT OF 36,368. C. APP120VE AGREEMENTS FOR U5E OF THE MUNICIPAL SWIMMING POOL - l. FRIENASWOOD AREA SWIM TEAM (FAST) FOR COMPETITIVE TEAM SWIMMING; 2. TRI-COUNTY YMCA FOR SWI2�IIvIING LESSONS. D. APPROVE CHANGING THE MEETING DATE FOR THE FIRST CITY COUNCIL MEETING IN MAY FROM THE FIRST MONDAY, MAY 4, TO THE FIRST TUE5DAY, MAY 5, ACCORDING TO ELECTION LAW. E. PROPERTY TAX 12EPORT FOR MARCH 1998. F. APPROVE MINUTES OF MARCH 23 ANA APRIL 6, 1998. SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION WAS APPROVED UNANIMOUSLX. A MOTION WAS MADE AND APPROVED UNANIMOUSLY TO ADJOURN AT 8 :02 P.M. MAYOR HAROLD L. WHITAK ATTEST: DELORIS MCKENZIE, RMC CITY SECRETARY