HomeMy WebLinkAboutCC Minutes 1998-06-15 Regular 1309
STATE OF TEXAS � ) (
CITY OF FRIENDSWOOD ) (
COUNTIES OF GALVESTON/EiARRIS ) (
JVNE 15, 1998 ) (
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD
ON MONDAY, JUNE 25, 1998, AT 6:30 P.M. , AT FRIENDSWOOD CITY HItLL COUNCIL
CH7IMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING
PRESENT CONSTITUTING A QUORIIM:
MAYOR HAROLD L. WHITAKER
COIINCILMLt�ER KITTEN HA�7ECATE
COUNCILME2�ER TOM M7INISON
COUNCILMEMBER KIM BRIZENDINE
COUNCILMEMBER ALINE DICKEY
COUNCILMEI�ER MEL MEASELES
CITY ATTORNEY KIM MICKELSON
CITY M�iNAGER RON COX -
CITY SECRETARY DELORIS MCKENZIE
MAYOR PRO TEM ERICSSON WAS ABSENT FROM THE MEETING.
MAYOR WFIITAKER CALLED THE MEETING TO ORDER.
COUNCIL CONVENED INTO EXECUT'IVE SESSION IN ACCORDANCE WITFI THE TEXAS
GOVERNMENT CODE, PURSUAN'P TO SECTION 551-071, CONSULTATION WITH ATTORNEY
CONCERNING PENDING OR CONTEMPLATED LITIGATION; A SETTLEMENT OFFE121 OR A
MATTER IN WHICH THE DUTY OF THE ATTORNEY REQUIRES IT.
COUNCIL RE-CONVL+NED INTO REGULAR SESSION WITH NO ACTION TAKEN
MR. KEITH HARRISON, REPRESENTING THE CROSSROADS COT+QSSTNITY CHURCIi, GAVE THE
INVOCATION.
MAYOR WH2TAKER LED THE PLEDGE OF ALLEGIANCE TO THE STATE OF TEXAS AND TO THE
UNITED STATES.
MAYOR WHITAKBR AND BILL FINC�ER, CHAIR OF THE PLANNING AND ZONING COt�IISS20N,
CALLED A PUSLIC HEARING TO ORDER TO RECEIVE COt�SLNTS EITHER OR.AL OR WRITTEN
REGARDING TFZE FOLLOWING:
A SPECIFIC USE PERMIT-MULTI FAMILY RESIDENTIAL-HIGH DENSITX
APAR'I'l�NT (SIIP-MFR-H) , �17 2 31 BLACKHAWK BOULEVARD, SEAHAYJK
APARTMENTS, 12.597 ACRE TRACT OF LAND OUT OF IINRESTRICTED
RESERVE "H", BLOCK 17, SECTION 3, FOREST BEND SUBDIVISION, HARRIS
COUNTY, TEXAS.
MR. R.ANDY MAN, REPRESENTING THE UNITED DOMZNION REALTY TRUST APPEARED BEFORE
COUNCIL AND DISCUSSED THE PROPOSED FITNESS CENTER.
HEARING NO FIIItTHER CO2�SL�2iTS, THB PUSLIC HEARING WAS CLQSED AT 7:10 P.M.
COUNCILMEMBER HAJECATE REPORTED ON ATTENDING TH8 LUNCHEON HONORING CITX
EMPLOYEE BILL BROWN, CAPTAIN OF TFiE FRIENDSWOOD VOLUNTEER FIRE DEPARTMENT,
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WfiO RETIRED AFTER TWENTY YEARS WITH THE CITY OF FRIENDSWOOD, AND REPORTED
SHE WILL ATTEND THE PRAYER BREAKFAST THIS SATURDAY.
COUNCILMEMBER MANSION RBPORTED ON ATTENDING THE CONCERT IN THE PARK, AND
THAT 100 NEW H02�S WILL BE BIIILT IN HOUSTON TAIS WEEK BY THE FiAB2TAT FOR
HUMANITY ORGANIZATION.
COUNCILMEMBER BRIZENDINE KAD NOTHING TO REPORT.
COUNCILMEMBER DICKEY FiAD NOTHING TO REPORT.
COUNCILMEMBER MEASELES REPORTED ON ATTENDING THE PLANNING AND ZONING
MEETING, THE COIINCIL RETREAT WHERE GOALS WERE DISCUSSED, THE BIKE RIDE THAT
WAS HELD THIS PAST SATURDAY, THE TEXAS MUNICIPAL LEAGIIE LEGISLATIVE
SUB—CONRyIITTEE MEETING DURING WHICH THE OPEN RECORDS ACT WAS DISCUSSED, AND
ATTENDED THE CONCERT IN PARK.
MAYOR WHITAKER REPORTED ON ATTENDING THE GOAL STRATEGY WORKSHOP, AND THAT HE
WAS ODT OF TOWN THIS PA3T WEEK BECAUSE OF A DEATH IN THE FAMILY AND THANKED
EVERYONE FOR THEIR CONDOLENCES.
MR. DAN MORGAN, CHAIR OF THE FOURTH OF JULY STEERING CONRyfITTEE, APPEARED
BEFORE COUNCIL AND REPORTED THAT THE CONIIrlITTEE RECEIVED A LETTER FROM
GOVERNOR BUSH EXTENDING CONGRATULATIONS TO THE CITY OF FRIENDSWOOD AND THE
FOURTH OF JULY CELEBRATION, �1,ND STATED THAT THE MAJOR CH3INGE FOR THE FOIIRTIi
CELEBR.ATION IS THAT TFIE NIGHT PROGR�M HAS BEEN MOVED FROM FRIENDSWOOD IiIGH
SCHOOL TO BROOKSIDE INTERMEDIATE ON F.M. 528. THE NIGHT PROGRAM WILL
FEATIII2E THE "DADDY—O'S, FOLLOWED BY THE FIREWORK3 EXTRAVAGANZA. THE PARADE
WILL START AT 9:00 A.M. , FOLLOWED BY OPENING CEREMONIES AT 11:30. A SHUTTLE
BUS WILL RUN FROM CAMP MI�NI50N AND FRIENDSWOOD FIIGH SCHOOL STARTING AT 6:45
P.M.
CITY MANAGER COX REPORTED ON THE STRATEGIC PLAN FOR VI3ION 2020 AND THAT
PLANNING FOR WORKSHOPS WITH THE CITIZENS TO DETERMINE THE VISION OF THE CITY
FOR THE YEAR 2020 IS PROCEEDING. MR. COX REPORTED ON TFiE JUNE 5 PLANNING
RETREAT, ATTENDED THE TEXAS CITY M1lDTAGEMENT ASSOCIATION ANNUAL CONFERENCE
MARKING THE END OF HIS TERM AS PRESIDENT OF TIiIS ORGANIZATION. REPORTED ON
THE RESTROOM VANDALISM AMOUNPING TO OVER $1,500 AT STEVENSON PARK, REPORTED
ON VOLUNrARY WATER CONSERVATION. MR. COX ALSO REPORTED ON THE CHANGE ORDER
#2 REGARDING THE SHADY OAKS SEWER LINE REHABILITATION PROJECT WHICEi DUE TO A
MISTAKE OF THE CONTRACTOR CONVINCING THE CONSULTING ENGINEER THAT THE LINING
TO BE USED TO REHABILITATE THE LINE SHOULD BE INCREASED IN SIZE FROM THE 18
INCH DIAMETER TO 20 INCHES REFLECTS A DEDUCTION OF TWO ITEMS: 1.
INSITIIFORM HAS AGREED TO DEDUCT .iTHE AMOUNT OF TFIE INCREASE OF CHANGE OR.DER
#1 IN THE AMOUNT OF $21,832.50 TO' REII�UFtSE THE CITY FOR EXPENSES ASSOCIATED
WITH INCREASING THE SIZE OF THE LINER THAT WAS NOT NECESSARYs 2. INSITUFORM
HAS ALSO AGREED TO DEDUCT AN ADDITIONAL AMOL7N'P OF $12,712.50 TO BE USED TO
CLEAN THE LINE IF NECESSARY. THERE WILL BE A FINAL DEDUCTION OF A SMALL
AMOUNr WHEN THE FINAL ACCEPTANCE OF THE PROJECT IS COMPLETED IN A FEW WEEKS.
COUNCILMEI�ER HAJECATE URGED THE MEDIA TO PRINT THE REWARD INFORMATION
REGARDING THE VANDALISM OF THE RESTROOMS AT STEVENSON PARK AND ALSO URGED
THE CITIZENS TO BE AWARE OF THIS PROBLEM AND FUTURE PROBLEMS. COUNCILMEI�ffiER
HAJECATE ALSO THANKED THE CITY M3lNAGER FOR HIS LEADERSHIP AND THE HONOR HE
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HAS BROUGHT TO THE CITY OF FRISNDSWOOD DURING HIS TERM AS PRESIDENT OF TFIE
TEXAS CITY MANAGEMENT ASSOCIATION.
**COUNCILMEMSER DICKEY MOVED TO APPROVE PARTICIPATION IN TFIE CLASS ACTION
SUIT WITH OTHER TEXAS CITIES AGAINST ENTEX FOR POSSIBLE UNDERPAYMENT OF THE
FRANCHISE FEES.
SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION WAS APPROVED UNANIMOIISLY.
**COUNCILMEMBER MF►NISON MOVED TO APPROVE RESOLUTION R98-19, A RESOLLTTION OF
THE CITY COUNCIL OF THE CITY OF FRIENDSWOQD, TEXAS, PROVIDING FOR THE
ADOPTION OF THE UTILITY SYSTEMS COMPONENT OF THE PROPOSED COMPREHENSIVE
PLAN, AS RECO2yIIvIENDED BY THE PLANNING AND ZONING CO2�fISSION, SAME TO BE A
PART OF THE CITY'S COMPREIiENSIVE PL]�N.
SECONDED BY COIINCILMEt�ER HAJECATE. THE MOTION WAS APPROVED UNANIMOUSLY.
**COUNCILMEMBER BRIZENDINE MOVED TO APPROVE RESOLUTION R98-20, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, EXTENDING RESOLUTIaN
NUMSER R97-38, ESTABLISHING A MOR.ATORIUM ON THE ACCEPTANCE OF APPLICATIONS
FOR AND THE ISSIIANCE OF DEVELOPMENT PERMITS, BUILDING PERMITS OR
CERTIFICATES OF OCCUPAI3CY FOR SEXUALLY ORIENTED SUSINESSES, AS ORIGI23ALLY
PASSED ON SEPTEMBER 22, 1997, AND AS AMENDED BY RESOLIITION NTJt�ER R98-3 ON
FEBRUARY 2, 1998, FOR AN ADDITIONAL N'INETY FIVE DAYS.
SECONDED BY COUNCILMEMBER MEASELES. THE MOTZON WAS APPROVED UNANIMOUSLY.
**COUNCILMEMBER MANISON MOVED TO APPROVE ORDINANCE NO'. T98-151 SECOND
READING OF AN ORDINANCE REJECTING THE SCHEDULE OF EQUIPMENT AND INSTALLATION
RATES PROPOSED BY TCI CENTR.AL, INC. , D/B/A TCI CABLEVISION OF HOIISTON AND
FINDING THAT SUCH RATES ARE UNREASONABLEj ESTASLISHING THE MAXIMUM HOURLY
SERVICE CHARGE TO BE USED TO DEVELOP THE EQUIPMENT AND INSTALLATION RATES OF
TCI CENTRAL, INC. , D/B/A TCI CABLEVISION OF HOUSTONj ESTABLISHING THE
MAXIMUM PERMITTED R.ATES FOR EQUIPMENT 71ND INSTALLATION CFiARGESj DECLARING
TFiE REGULATED STATUS OF THE INSIDE WIRE MAINTENANCE PR�GR71M; ESTABLISHING
THE MAXIMUM PERMITTED RATE FOR TCI'S INSIDE WIRE MAINTENANCE PROGRAM;
SETTING FORTH OTHER PROVISIONS RELATED TO THE SUBJECTs PROVIDING A PENALTY
OF AN AMOUNT NOT TO EXCEED $500 PER DAY FOR EACH VIOLATION HEREOFs AND
PROVIDING FaR SEVER.ABILITY.
SECONDED BY COUNCILMEMBER BRIZENDINE. THE MOTION PASSED 5-1 WITH
COUNCILMEMSER DICKEY OPPOSED.
**COUNCILMEI�ffiER HAJECATE MOVED TO APPROVE ORDINANCE T98-16, SECOND READING
OF AN ORDINANCE REJECTINC3 THE SCHEDULE OF R.ATES FOR BASIC SERVICE TIER CABLE
PROPOSED BY TCI CENTRAL, =NC. , D/B/A TCI CABLEVISION OF IiOUSTON, INC. , AND
FINDING SUCH PROPOSED R.ATES UNREASONABLEj DETERMINING A REASONABLE MJ�XIMUM
PERMITTED R.ATE PER SVSSCRIBER PER MONTFI FOR THE PERYOD JUNE l, 1997, TO MAY
31, 1998j REJECTING THE SCHEDULE: OF RATES FOR BASIC SERVICE TIER CABLE ON
THE H1632A SYSTEM PROPOSED BY TCI CENTRAL, INC. , D/B/A/ TCI CABLEVISION OF
HOUSTON, INC. , 11ND FINDING SUCH PROPO5ED RATES UNREASONABLEt ESTABLISI�ING
THE MAXIMUM PERMITTED PER SYSTEM OF TCI CENTRAL, INC. , D/B/A/ TCI
CABLEVISION OF HOUSTON, INC. i REJECTING THE SCHEDULE OF RATES FOR BASIC
SERVICE TIER CABLE ON THE H1632AR SYSTEM PROPOSED BY TCI CENTRAL, INC. ,
D/B/A/ TCI CABLEVISION OF FIOUSTON, INC. , AND F�NDING SUCH PROPOSED RATES
UNREASONABLEt ESTABLTSHING THE MAXIMUM PERMITTED PER SUBSCRIBER PER MONTH
BASIC CABLE SERVICE RATES ON THE H1632AR SYSTEM OF TCI CENTRAL, INC. , D/8/A
TCI CABLEVISION OF HOUSTON, INC. i SETTING FORTH OTHER�•,PROVISIONS RELATED TO
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THE SUBJECT7 PROVIDING A PENALTY OF $500 PER VIOLATION HEREOFf AND PROVIDING
FOR SEVERABILITY.
SECONDED BY COT�NCILMEMSER MANISON. THE MOTION PASSED 5-1 WITH COUNCILMEMBER
DICKEY OPPOSED.
**COUNCILMEMBER M1INISON MOVED TO APPROVE ORDINANCE T98-18, FIRST READING OF
AN ORDINANCE APPROVING THE PLANNING AND ZONING COt�1ISSI0N RECOMNiENDATION
REGARDING THE ZONING CHANGE REQUEST FOR 0.8181 ACRES OF LAND LOCATED ON F.M.
528 ADJACENT TO THE BOCA R.ATON SUBDIVISION FROM CONa2[JNITY SIiOPPING CENTER
(CSC) TO NEIGHBORHO.OD COI�iERCIAL (NC) , AMENDING THE ZONING DISTRICT MAP OF
THE CITY AS ADOPTED BY ORDINANCE N0. 84-15; AND CONTAINING OTIiER PROVISIONS
RELATING TO THE SIIBJECTJ PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED
$2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOFj AND PROVIDING FOR
SEVERABILITY.
SECONDED BY COUNCILMEMBER BRIZENDINE. TFiE MOTION WAS APPROVED UNANIMOUSLY.
**COUNCILMEMBER BRIZENDINE MOVED TO APPROVE ORDINANCE T98-19, FIRST READING
OF AN ORDINANCE 71MENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD,
TEXAS, BY ADDING THERETO A NEW CHAPTER 60j PROVIDING FOR THE REGULATION OF
SEXUALLY-ORIENTED BUSINESSES LOCATED WITHIN THE CITY LIMITS OF TEiE CITYj
PROVIDING DEFINITIONSj REQUIRING LICENSES; PROVIDING FOR FEESj PROVIDING FOR
INSPECTIONSt PROVIDING FOR APPEALSj PROVIDING FOR A PENALTY OF AN AMOUNT NOT
TO EXCEED $4,000, CONFINEMENT IN JAIL FOR A TERM NOT TO EXCEED ONE YEAR, OR
BOTH, FOR VIOLATION OF APTY PROVISION HEREOF; PROVIDING FOR REPEAL OF ALL
ORDII+TANCES OR PARTS OF ORDINANCE5 INCONSISTENT OR IN CONFLICT HEREWITIi; AND
PROVIDING FOR SEVER.ASILITY.
SECONDED BY COUNCILMEI�ER HAJECATE. TFiE MOTION WAS APPROVED UNANIMOIISLY.
**COUNCILMEI�ER DICKEY MOVED TO APPROVE ORDINANCE T98-20, FIRST READING OF
AN ORDINANCE FINDING AND DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY
NO LONGER REQUIRE THE CONTINUED EXISTENCE OF A PORTION OF TFiAT CERTAIN
FORTY-FOOT WIDE DEDICATED PIIBLIC RIGHT OF WAY LOCATED OVER AND ACROSS
BURGESS SUBDIV=SION OF SECTION SIX, B.S. & G. SURVEY, GALVESTON COUNTY,
TEXAS.
SECONDED SY COUNCILMEMBER BRIZENDINE. THE MOTION PASSED UNANIMOUSLY.
**COUNCILMEI�ffiER HAJECATE MOVED TO APPROVE ORDINANCE T98-21, FIRST READING OF
AN ORDINANCE APPROVING THE PLANNING AND ZONING COP'IlrI2SSI0N RECOMMENDATION
REGARDING THE ZONING CHANGE REQUEST FOR PROPERTY LOCATED AT 1100 S.
FRIENDSWOOD DRIVE I�,ND SKADWELL LADIE, 1.4717 ACRE TRACT, LOTS 1, 2, 3, AND 4,
WOFFORD ADDITION N0. l, GALVESTON COUNPY, TEXAS, FROM: COP4YiLTNITY SHOPPING
CENTER (CSC) TO: OFFICE (OPD) AMENDING THE ZONING DISTRICT MAP OF THE CITY
AS ADOPTED BY ORDINANCE N0. 84-151 AND CONTAINING OTHER PROVI520NS RELATING
TO THE SUBJECTj PROVIDING A PENA¢,TY OF AN AMOUNT NOT TO EXCEED $2, 000 FOR
EACH DAY OF VIOLATION HEREOF; AND PROV2DING FOR SEVERABILITY.
SECONDED BY COUNCILMEMBER NtANISON. THE MOTION WAS APPROVED UNANIMOUSLY.
**COUNCILME2�ER HAJECATE MOVED TO APPROVE ORDINANCE T98-22, FIRST READING OF
AN ORDINANCE OF THE CITY OF FRIENDSWOOD AMENDING ORDINANCE NO. 221, WHICH
AMENDED ORDINANCE NO. 84-15, PASSED AND APPROVED ON NOVEMBER 19, 1984, AND
KNOWN AS THE ZONING ORDINANCE OF THE CITY, BY AMENDING THE CHANGE OF ZONING
OF CERTAIN PARCELS OF LAND LOCATED AT 702 GREENBRIAR TO SPECIFIC USE-SCIi00L
TO ALLOW ADDITIONAL EDUCATZONAL FACILITIES TO BE CONSTRUCTED, REQUIRING
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LANDSCAPING; AND PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2, 000 FOR
EACH DAY OF VIOtLATION OF ANY PROVISION HEREOF.
SECONDED BY COUNCILMEMBER MEASELES. THE MOTION WAS APPROVED UNANIMOUSLY.
**COUNCILME1rIDER HAJECATE MOVED TO APPROVE TIiE CONSENT AGENDA AS PRESENTED
WITH THE EXCEPTIONS OF ITEM A. 2 AND ITEM D: A. PAYMENT OF CAPITAL
PROJECTS: l. SAN JOAQUIN PARKWAY STREET IMPROVEMENTS WITH THE THIRD
PAYMENT IN TFiE AMOUNT OF $205,733.80 TO SCI CONSTRUCTORS, INC. , BID N0.
98-1. THE PROJECT IS 51 PERCENT COMPLETE. RETAINAGE IS FIVE PERCENT. B.
APPROVE ACCEPTANCE OF STREETS, UTILITIES AND DR.AINAGE FACILITIES FOR THE
FOREST SECTION TWO FOR CONTRACTOR'S ONE YEAR MAINTENANCE PERIOD. C.
APPROVE INTERLOCAL AGREEMENT WITH GALVESTON COUN'TY AND FISD FOR ASPHALT
OVERLAY ON WINDSONG. E. RESOLUTION R98-21 - ADOPT CITY POLICY FOR THE USE
OF THE INTERN'ET AT THE PUBLIC LIBR.ARY. F. EXTEND THE TERMS OF THE PLANNING
AND ZONING COMMISSION MEMBERS TO COMPLY WITH THE APPOINTMENT POLICY;
POSITION 4, TOM GR.ACE AIJD POSITION 5, MARK CLARK, TERMS TO BE EXTENDED TO
JULY, 1999. C3. PROPERTY TAX FOR MAY, 1998.
SECONDED BY COUNCILMEMBER MANISON. TE�IE MOTION WAS APPROVED UNANIMOUSLY.
**COUNCILME2�ffiER MANISON MOVED TO APPROVE A. 2 - PAYMENT OF CAPITAL PROJECTS:
MELODYWOOD ESTATES CONCRETE DITCH WITH THE FIRST PAYMENT IN THE AMOUNT OF
$20,000 TO H}1DDOCK CONSTRIICTION CO. , INC. FOR CONSTRUCTION OF A CONCRETE
PILOT CHANNEL BETWEEN MELODYWOOD ESTATES SUBDIVISION AND VILLAGE GREEN
SUBDIVISION. THE PROJECT IS 83 PERCENT COMPLETE. .
SECONDED BY COUNCILMEMBER BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY
**COUNCILMEMBER MANISON MOVED TO APPROVE COMIYIERCIAL SITE PLAN FOR SIIN MEADOW
PROFESSIONAL BUILDING ON FM 528 NEAR 80CA RATON.
SECONDED BY COIINCILMEMBER BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY.
A MOTION WAS MADE AND APPROVED TO ADJOURN AT 8:15 P.M.
MAYOR HAROLD L. WHITAKER
ATTEST:
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DELORIS MCKENZ E, T C
CITY SECRETARY
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