HomeMy WebLinkAboutCC Minutes 1998-08-17 Regular s/i�/98 3� �
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STATE OF TEXAS ? (
CITY OF FRIBNDSWOOD ) (
COZ7NTIES OF GALVESTON/HARRIS ) (
� AUGUST 17, 1998 ) (
MINUTSS OF A R�3GULAR MESTING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD
ON MONDAY, AUGIIST 17, 1998, AT 5:00 P.M. , AT FRIENDSWOOD CITY HALL COUNCIL
CHl�MBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING
PRESENT CONSTITUTING A QUORUM:
MAYOR HAROLD L. WHITAKER
MAYOR PRO TEM JERRY ERICSSON
COUNCILMEMBER KITTEN HAJSCATE (ARR. 5:10)
COUNCILMEMBER TOM MANISON
COUNCILMEMB]3R KIM BRIZLNDINE
COUNCILMEMBI3R ALINE DICKEY (ARR. 5:10)
COUNCILMEMB}3R MEL MEASELES
CITY ATTORNEY KIM MICKELSON
CITY MANAGER RON COX
CITY SECRETARY DELORIS MCKENZIE
MAYOR WHITAKER CALLl3D THE MEETING TO ORDER.
DISCUSSION WAS HELD REGARDING THE PROPOSED 1998 BUDGET, ADDITIONAL CAPITAL
IMPROVEMENT PROGRAMS, PRIORITIZATION LIST AS SUBMITTED BY STAFF, STREET
PROJECTS, SPEED HUMPS, ASPHALT OVERLAY, UTILIZING GALVESTON COUN'PY AND THE
CITY FOR THE ASPHALT OVERLAY PROGRAM, SIDEWALKS, WATER AND SEWER REVENUES IN
PRIOR Y13ARS, TAXED NEEDED TO FTJND THE CAPITAL IMPROVEMENT PROGRAM APTD
ADDITIONAL PROGR.AMS, VARIOUS FUNDING OPTIONS TO FUND PROJECTS, A TAX
INCREASE, AND RESERVES.
COUNCIL CONVENED INTO EXECUTIVE SESSION IN ACCORDANCE WITH SECTION 551.01 —
CONSULTATION WITH ATTORNEY CONCERNING PENDING OR CONTRMPLATED LITIGATION; A
SE3TTLEMENT OFFER; OR A MATTER IN WHICH THE DUTY OF THE ATTORNEY RBQUIRES AND
SECTION 551.074 — PERSONNEL MATTERS WITH ACTION TAKEN LATER IN THE MEETING.
COUNCIL RECONV�,NBD INTO REGULAR SESSION.
A MOMENT OF SILENCS WAS OBSERVED.
MAYOR WHITAKER LED THE PLEDGE OF ALLEGIANCE TO TH8 STATE OF TEXAS AND TO THE
UNITED STATES.
MAYOR WHITAKER CALLED THE PUBLIC HBARING TO ORDER TO RLCEIVE COI�ID�NTS,
EITHER ORAL OR WRITTEN, REGARDING PARTICIPATION OF CITY EMPLOYESS IN T]3XAS
MUNICIPAL RETIRBMENT SYSTBM, GRANPING ADDITIONAL RIGHTS AS AUTHORIZED BY
SECTION 854.202 (g) OF TITLE 8 FOR 20 YEAR RETIREMENT, TEXAS GOVERNMSNT CODE,
AS AMENDED.
FORMER MAYOR EVELYN NEWMAN ASKED FOR A CLARIFICATION WITH CITY MANAGER
RF3SPONDING THAT ANY SMPLOYEE WITH 20 YEARS OF SBRVICE WITH THE CITY WAS
TsLIGIBLE TO RECEIVE RETIRBMENT AND AN I3NHANCED RETIREMENT PACKAGB.
8����98 �u
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HEARING NO FURTHBR CO'MN�NTS, THE PUBLIC HEARING WAS CLOSBD.
COUNCILMEl�ffiER MEASELES HAD NO REPORT.
COUNCILMLMSBR DICKEY REPORTED ON THS CORPS OF ENGINEERS AND THE F$MA BUY-OIIT
PLAN, ATTENDED THE CLEAR CREEK WATSRSHED MEETING, THFy CHAMBER LUNCHEON, AND
THE TML REGION 14 MEETING WHICH WAS HBLD IN CONROE.
COUNCILMBMBER BRIZENDINE RBPORTED ON ATTENDING THE CLEAR. CREEK DRAINAGE
DISTRICT MSBTING AND THAT A FUTURE WORKSHOP WITH COUNCIL WILL BE HELD,
STATED HE WILL ATTEND THE BRIO TASK FORCS MEETING REGARDING EMERGBNCY
RESPONDERS.
COUNCILMEMBER MANISON REPORTED ON ATTENDING THE MEMORIAL SERVICS FOR NASA
ASTRONAUT ALAN SHEPHERD AT NASA, AND STATED THAT LAST WEEK HE WAS ON A
CRUISE TO ALASKA.
COUNCILMEMBER ERICSSON REPORTED ON ATTBNDING THE VISION 2020 MEETING APTD
RSMINDED }3VERYONE THAT THE LAST MEETING WILL BE HELD ON AUGUST 25 AT THE
FRIENDS CHURCH.
COUNCILMEMBER HAJI3CATF3 REPORTED ON ATTENDING THE CHAMBSR LUNCH80N, THE TML
REGION 14 MEETING, TH8 CLF2AR LAKE AR]3A COUNCIL OF CITIFsS MEETING, WISHED
COUNCILMEMBER MANISON A BSLAT$D HAPPY BIRTHDAY, AND ATTE3NDED THE SENIOR
CITIZENS MEETING DURING WHICH DISCUSSION WAS HELD REGARDING RENOVATIONS FOR
THE ACTIVITY BUILDING.
MAYOR WHTTARER REPORTED THAT IN ADDITION TO SOME OF THF3 ALREADY MENTIONED
MEETINGS, HE ATTENDED THI3 CHANGE OF CONII�IAND CEREMONY FOR LIEUTENANT COLONEL
NICHOLAS J. BUECHLLR WHICH WAS HELD ON AUGUST 7 AT THE U.S. ARMY CORPS OF
ENGINEI3RS GALVESTON DISTRICT OFFICE.
1�2. GARY HARRIS, 406 FALLOW LANE, MR. TONY BANFIELD, 1010 MYRTLEWOOD, MR.
RON BR�NHAM, 9120 VILLAGE GRFdEN, AND MS. bIARGARET LI1��R, 1707 FALCON RIDGE,
APPSARED BEFORE COUNCIL TO EXPRESS THEIR SUPPORT OF THE S'[JbIlKARY JUDGEMENT
DECISION IN THE F3XXON PIPELINE LITIGATION, TH8 OUTSTANDING JOB THE MAYOR,
COUNCIL, CITY ATTORNEY, AND CITY MANAGER DID, STATED THEY HAVE CONFIDENCE IN
FUTURE CONSIDER.ATION, STATED PIPELINES ARE A FACT OF LIFE, AND STATED TO
MOVE ON AND NOT SPEND ANY MORE MONEY IN APPEALING THE JUDGEMENT.
�2. MIICE FAWCETT, 103 DIAMOND LANE, APPEARED BLFORS COUNCIL TO EXPRBSS HIS
CONCERNS R13GARDING THE NO-U-TURN SIGN ON F.M. 2351 I�ND RSCO�NDED THAT THE
SIGN BE REMOVED �+,NiD SIIGGFsST THAT THE LONG TERM SOLUTION WOULD BE TO RBMOVE
CONCRETE MEDIAN AND PRBSENTED A PETITION FROM RSSIDSNTS LIVING ON DIAMOND
LANE AND FROM THOSE WHO ATTEND THE BONNIE SISCO SCHOOL OF DANCE.
MAYOR WHITAKER STATED HE WOULD REQUEST THAT THE CITY MANAGER LOOK INTO THIS
SITUATION.
MS. JANIS LOWE, 1414 S. FRIENDSWOOD DRIVE MR. SCOTT MCCULLOUGH, 908
APPLEWOOD, MR. CLYDE MINER, 304 WOODSTREANi, MR. STEVE JOYN�R, 303 W. VIEJO,
APPEARED HEFORE COUNCIL TO EXPRESS THEIR CONCSRNS REGARDING THE SIINaiARY
JUDGEMENT IN THE BXXON PIPELINE LITIGATION, THE STANDARD SPECIAL USE PERMIT,
THE EMINENT DOMAIN ISSUE3, T$E MEDIATION PROCESS, THE APPEAL PROCESS,
8/17/98 , � � 1
COMMUNICATION WITH CITIZENS, CAMPAIGN PROMISES, PROXIMITY OF PIPELINE, AND
VALUATION OF HOMES.
• MS. JANICE FR.ANKE, 102 IMPERIAL, APPEARED BEFORE COUNCIL AND ASKED WHY THERE
�niAS A CHANGE F'ROM 4 MSETINGS TO 3 I�ETINGS WITH THE VISION 2020 PROGR.AM,
RSPORTED ON TFIE BRIO MEETING �1ND GAVS INFORMATION REGARDING MUD GULLY, AND
STATED THAT THE HOUSTON CHRONICLE HAD AN ARTICLE ON PEARLAND'S ECONOMIC
DEVELOPMENT.
MS. KATHY HALE, 902 APPLEWOOD, APPEARED BBFORE COUNCIL TO $XPRESS HER
CONCERNS REGARDING GOI�II�SUNICATI�N FROM COUNCIL TO THE PUBLIC, THE VISION 2020
MEETINGS AND THE VISION 2020 PROGRAM.
MR. DAN ILLERICH, 121 CHERRY TREE I,ANE, APPEARSD BEFORE COUNCIL SUPPORTING
TIiE PROPOSED PROPERTY TAX RATE INCREASE FOR 1998 WHICH FiE STATED WILL CARRY
THE CITY INTO THS NEXT MILLENIUM.
CITY MANAGER COX RLPORTSD RESUbIING THL MANDATORY WATER RATIONING, REPORTLD
THE CO1�iiTNITY AND ECONOMIC DEVBLOPMENT COI�IITT]3E MEETING MLT TO DISCIISS THS
PROGRESS OF THE VISION 2020 PROGRAM, REPORTED ON TH8 TML LEGISLATIVE
COI�iITTEB ON UTILIT2ES AND ENVIRONMSNT MEETING AND THAT THE THRUST OF THE
MEETING WAS A DISCUSSION OF THE EFFORTS OF THE TELECOI�IlKiTNICAT20N INDUSTRY TO
GET THE STATE LEGISLATURI� TO ADOPT LEGISLATION LIMITING THE RIGHTS OF CITIES
TO REGULATS THE RIGHT OF WAY IN TEXAS, }1ND RBPORTEb ON THE APPOINTMENT OF
THE DSVELOPMENT REVIEW CON�iITTEE TO CONSIST OF REPRESENTATIVSS FROM THE
COMMUNITY AND ECONOMIC DEVELOPMENT COI�Il�IITTEE, TFIE PLANNING & ZONING
COMMISSION 7�1ND THE DEVELOPMENT COMMUNITY. THE REPRSSENTATIVES WILL BE MR.
KENT BALLARD, MR. TONY BANFIELD, MR. ROBERT BERTR.AND, MR. TOM BURKE, MR.
NEIL R.ANCOUR, MR. TOL�II�IY RIVES, AND MS. PATRICIA SMITH.
**COUNCILMENffi$R ERICSSON MOVLRD TO APPROVE A PROPOSAL TO INCRBASE THE 1998
PROPERTY TAX RATE INCREASE TO .6125.
SECONDED BY COUNCILMEMBER $RIZENDINE. TIiE MOTION PASSED 6-1 WITH
COUNCILMEMSER DICKEX OPPOSSD.
**COUNCILMEI�ffiER MANISON MOVED TO APPROVE SCHEDULING A PUBLIC HEARING ON
AUGIIST 31, 1998 REGARDING THE 1998 PROPOSED TAX R.ATE.
SECONDED BY COUNCILMEMBLR FIAJECATE. THE MOTION PASSED UNANIMOUSLY.
**COUNCILMSMBER DICKBY MOVE�D TO APPEAL TO AN APPBLLATE LEVEL THS SZJ1�lARY
JUDGEMENT DECISION IN TH8 BXXON PIPSLINE LITIGATION.
SECONDED BY COUNCILMSI�ER HAJECATE.
DISCUSSION WAS HELD REGARDING THS SU1�2ARY JUDG�MENT WTTH MAYOR WHITAKER
GIVING A REVIEW OF THE TWO-YEAR HISTORY REGARDING THE EXXON PIPELINE.
CITY ATTORNRY READ THE ENTIRL ORDSR GRANTING EXXON PIPELINE COMPANY'S MOTION
FOR SiJNIlKARY JUDGEMENT TO BE ENTSRED INTO THE RECORD OF MINUTES. .
"CAME ON TO BE HEARD ON TH8 20TH DAY OF JULY, THE MOTION FOR SIINIl�ARY
JUDGEMBNT OF BOTH PLAINTIFF EXXON PIPELINE COMPANY AND DEFENDAN'P CITY OF
FRIENDSWOOD, AS WELL AS EACH PARTY'S RESPONSE TO THE OTHER PARTY'S MOTION.
PLAINTIFF EXXON PIPELINE COMPANY APPEARED BY AND THROUGH ITS COUNCIL OF
RECORD. HAVING CONSIDERED EXXON PIPELINE COMPANY'S MOTION, THE CITY OF
_____._ _,...._,..,.�.+...,_,.,.,........__M..�. .._...___..
Feb � ' 3 � 20C2 8 � 3�AM �RIENDS�'OOD �I?Y SEC4ETAK� No • 21C3 P • �
17/98 I'�1
COI�ILTNICATYON WTTH CZTTZENS, CAIKPAIGN PROMI3ES, PROXIM2TY pF PZF$LXN�., AND
VAT,UATION OF FIOMES,
MS. dAf7rCL FRANKE, 102 ZMPERIAL, APPEARED HEFpR� CpIIi�iCIL AND ASIC�D pPFiY TFIERE
WAS A CIiANGE FROM 4 MEErTII3GS TO 3 MEET223GS WITFf TFIE VI3ION 2020 PRQGRAM,
REPORTED ON THE BRIO MEBTTXG AND GAV� IA7x'0�2MAT�ON' REGARDING Mt7b GULT,Y, AND
STAx�b TF�AT 'Y'HE HQ1JSTdN CH�20NICI,E HAD AN ARTICLE ON PEARLAND'S ECdNO1KIC
DEV�LaPMEN�".
MS. KATI�X xAI��, 902 A$pY.E:WQOD, APPEARED BEFORE COIINCIL TO EXPRFiSS HSR
CONCERNS. REGARDING COMMUNICATI4N FROM COUNCIL 'I'O �HE pUBLZC, THk', VISION 2020
MEETINGS AND THE V'ISION 2020 p12pGRAM,.
I�fft. T3AN YY,T,SRICH, 121 CFirsRRY 'TRI3E i,ANE, A88EAIiED HEFORE C�IINCZZ. 3�PPORTZNG
THL PRQPOSF:D PROPERTY TAX RATE INCREASE FOR 1998 WHICH HE STATED WILL CARRY
THE CTTY INTO THE NEXT MTLLENIUM. .�
CITY MANAGER CQ% REPORTED RESUMING TI�E MA1�Y17ATt?RY' WATER RATTONING, REFORTED
TH� COD�'I[TNTT`.0 AN!) ECONOM�C DEVBLOPMENT COMMITTEE MEET3T�TG MET TO DISCUSS THE
PROGRESS OF THE VISION 2070 PRflGRAM, RSPOi7TED QN TFiE TML LBGISLATIVI�
CDN�iITTEE OPT 't?'�YLITIES AND ENVYRONMENT MEETING AND THAT THE THRIIST OF TFiE
MEETING WAS A DI3CIISSION OF THE EFFORTS OF TH� x'�Y,�COI�CJ�TXCATION INDUSTRY TO
CyET '1'Ii� ST.AZ'� Y.�CrXS7..A'1'Vli� TO AAOPT LEGISLATZ02J LTMITING '�AE RZGHTS OF CITISS
TO REGUI.ATE THE RIGHT OF WAY IN TEXAS, AND RSFORTED ON TFiE APPOINTMENT OF
TF��: Dk�V7..i3OPI�SENT R�V�L;W COI�SZ�'TEE TO CONSIST OF REPRESENTATIVES FROM �HE
C�D'�+iLINITY AND ECONOl'QZC DEVELOF�,I�T CO�IITTEE, TF�E F�LANNII�TG & �ON'xN�
CO1�iISSION AND THE DEVELOPMENT COI�RCCTNITY. THE REPRE3ENTATIVES WILL BB MR.
K�NT BALLARD, DQR. TONY SANF'IELD, MR. ROBERT BERTRAND, NII2. TOM BURICE, Mlt.
NEIL RANCOIIR. MR. TOMMY RI�ITES, ANfJ MS. PA�'k�XCZA SMITFi.
**G�UNCIL,��R EIiZCSS�� MOVBD TO APPROVE A PROPOSAL TO INC�tEASE THS 1998
PROPERTY TAX RATE INCREASE TO .6125.
SECONDED BY COV�CII.ME2�3E12 BRZZENDINE. THE MOTION PASSFD 6-1 WZTH
CQtTNC��M�MB�R DICREY OPPOS�D.,
**COUNCxLMSMBER MJiN=SOAT DQOYED TO APPROVL SCHEDIIF.ING A PBBLIC IiEARIIJG QN
AIIGUST 31, 1998 REGARDING TFIE Z998 P1tOT+OSED TAX R,ATE.
SECONDED HY' CQUt�7CYLM�'riffi�R HA�78CA�E. TFIE MOTION PASSED UNANTMOIISLY.
**COUNCIL2�T��lt bYCK1sY' MOVEb T� Ai'PEAL TO AN APPELLATE LEVEL THE SIIM�IARY
JiTDGEMENT DECISIOiJ IN THE EXXON PIPELINTs T.ZT�GATION.
SECON'LZED B'Y COC7N'CY�,MEt��FZ HAJECATE.
DISCUSSION WAS HELD RSGARDING TFiE SUMMARY JODGEMENT WTTH MAY012 WH�TAKSR
Gl'1ll'NG A REVIEW OF THE TWO-YEAR HISTORY RE�Al2bY1� THF, ��QN PIPELINE.
CITY ,i�xxORNE'Y READ TFiE ENTIRE ORDER GRANTIHG 7sXX01�7 P�k�ET,YNE CODQPANY'S MOTION
�'OR SUi�671RY JIIDGEMENT TO HE ENT�RSD INTO THE 1��;CORD OF MINIITES. .
"CAME ON 7'O HL HEA1Z'D QP7 THE 20TH DAY OF �TiJI�Y, TfiB MOTY02�7 Ff�R SIID�ARY
.7U37G�23T OF SOTFI PLAZNTIFF EXXODT PYISECT.IZ� COMFANY AND DEFENDANT CITY OF
FRIENDSWOOD, AS WELL, AS EACH .PARTY'S RESPONSE TO THE OTHER PARTY'S MOTION.
FLAIN'rY�'F' ��p� Q�pES�INE COMPRNY APPFAF2ED SY Hi�TD TFIROUGIi ITS COiFNCIL OF
i2ECORD_ HAVING CONSTDERED SXXON PIpBLINE COMPANY'S MOTiON, 'TBL+ CITY OF
Fep � i � . 20C2 8 : 35A�1 =R !��DSWO��D C'TY SECRETARY No � 2703 �P . 5
'1�1ys
1342
FR=ENDSWOOD`S MOTION, �XXON PIPELINE COMPANY' S RESPONSE TO THE CITY'S
MOTIOAT, TH� CSTY'S RESPONSE TO LXXOI�Y P'Y$BZ,YN� COL�ANY'S MOTIOP7, �'K� �Y,��.UTATG
QN FILE IN THE CASE, TFLE EVIDENCE ATTACHED TO EXXON PIPELINE COMPANY'S
MOTION, THE EVII7EN'CE ATTACHED TO THfi CIT-Y'S MOTION7 FOR SVLffi+3Al2Y JUDG�MEENT,
TH8 DZSCpVERY R�SPONSES pN FILE IN TFIE CASE:. AND T8E ARGUMENT OF COUNCZL,
TFiE COURT FINDS AND CONCI,UDES THAT EXXON PIPELINE COMPANY'S MOTION FOR
SU�SARY JVDGErI�N'P IS MERITOR=OIIS AND SHOVY�n �E GRANTED AND 2'8A� xHTs MOTION
��R SII�A�2Y JV}�GMLN2 4F THE C'`x� 0$ PRIEND3WOOD IS WITHOgT MERIT AND SIiOULD
HE DED7IED, IT I3, TFiEREFORE, ORDERED, ALJUDGED, AND DECREED THAT EXXON
PIPFsLII3'8 CdI�ANY'S M0220N FOR SVL+�SAlt`I JIIIIG�T 8� F,N'D FIERESY IS GRANrED.
IT I3 FURTHLR ORDERED, ADJITDGED AND DECREED THAT THE C2TY OF FRI�SWQdb SE
AND HL�12EgY' IS �PTJ'OYN�b FROM YN�EKFk;RING IN ANY WAY WITIi TFiE CONSTRVCTION OR
OPER,ATION OF EXXON PIPELINE COMPANF'S COlIlMlOH CARR�L�R ETHAi�'E PIPSY,�P7'F'. AL08TG '
THE ROIITE SPECISIED IN TEXAS �2AIT.I�OAD CpMDi�SSIaZV ��L & GAS DOCKST i3fl. '
03-0211].Z875. IT IS FIIR�H�Fi, ORDERED, ADJDDGED, AND DECREED THAT EACIi PARTY
5��LL BEAR ITS OWN COSTS. IT IS FURTHER ORDERFsD, ADJtJDGED AND 1�l3G1�Eb THAT
ALL RELIEF NOT h'XpRESSLY GRANI�ED H�R�'YI3 IS DEZII$TJ."
**COUNCILMEMBER ERICSSON MOVBD TO TABLE ACTION REGARDING '1'�E SV�'tARY
Ji7DGEMENT DECISION IN THE EXXON PZp�T.�Nk'. LITIGATI�N,
SECONDED BY COUNCILMEMBER MANZSON. TFIE MOTION PASSED 6-1 WITH COVNC2LMEM8ER
DTCKEY OPPOSED.
**COUNC�LMEMSL� BTtYZENDIPTE MCfY�p TO APPROVE RESOLiTTION NO. R98-26, A
RESOLIITION OF TFiE CITY OF FRIENDSWOOD, T'EXAS ADpp�'XN7G }i SCHEDIILE OF FEE$ F'OR
THE REVIEW OF PI,A'�'S, P'UBLTC iTTIL'ITY PLANS, AND Z�NZNC REQDEST CHANGES, AND
MODYFYING TFIE PLAN REVIEW FEES FOR PERMI�S YS517Eb L7Nb�22 THE CITY'S 8IIIL17=N'G
CODE BY ADOPTTNG THE BUILDZI+IG VALUATYpN DATA TABLE P�F3LISHEA SY TFiE SOUTHERN
BIIILDINC3 COD� CQNGRE'SS �N�ER2�TATIQNAL.
S�CdNDED 8Y COIINCILDQEDSSER MANI30N,. THE MOTTQN WAS APPRQVED I3NANIMOUSLY.
**CODNCILMEI�ffiER HAJECATE MO'VED TO /APPROV� ORDINANCE NO_ T9$-14, FIRST
R�ADZNG QF AN ORDINANCE AMENDING APPENDTX C OF THE FRIENDSWOOD CITY CODE,
3AID APPENDIX C BEING CITY' OF FRIENDSWOOb, �'EXAS, ORDINANCE N0. 84-15, AS
AMENDED, ORIG�NAI.T,'Y AbOp��D THE X9TH DAY OF NOVEMSER, Z984, AND BEING THE
ZONING ORDZNANCE OF THE CZTY, SY REVISING SUBS23CxTON P.2 OF SECT.ZON 7
THEREOF BY ADDIN(3 A NEW P�RMI�'T�D IISE TO THE PERMITTED USE TABLE, SIICH IISE
823T23G PER3�NAI, CARE SOME3t PROVIDING DEF2?�TITYONS AND STANL7ARDS FOR SUCH
USES; PROVTDIPIG OTHLR MATTERS REZ,ATING TO THE SUBJECT; PR4VIDTNG FOR A
PF;NALTY OF AN AMOUN'P NOT TO �XCEED $2,�00 FOlZ LAC�I �AX' 02� VIpI�.ATION 4F ANX
PROVISION iiBREOF; AND PROV2DIN'G �'pIt SEVEFASILITY„
S�CONDED SY COIINCILMEb�ER SRIZENDINE.
**�COUNC��ER DICKEY MOVED TO AMEND 7'H.'E ORDxNANCE T'0 ADD Nfl FENCING IN
THE FROfTr YARD AbFD OVTDOOIi LIGIiTZNG TO CONP'ORM TO STNGLE FAMILY
R�SIDENTIAL.
THE MOTION FAILED 1-b WIxH COUNCILMEMBERS HAJECATE, ERTCSSON,MANISON,
$RIZENDINE, �,idD MEASELES, AND MAYOR W'Ii�TAKER OPP�SED.
**TFIE MAII3 1vIOTION PASSED IINANIMOUSLY_
**COUtdCTI,MEMBER ERICSSON' MGV'�D Tp �►ppROVE ORDINANCE 2i0. T98-17, �'T1tST
RSADINC Q�' AN ORDYI�TAI�C� AMENDING APPENDIX C bF T'TTS FFt��NDSW00� CZTY CODE,
SAXA APpENDIX C BEING CITY OF FRTENDSWOOD, T8XA9, ORDINANCE NO. 89-15, AS
8�i��9s , � � 3�, �..
y �
1 1�"� �j'�
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AMENDSD, ORIGINALLY ADOFTED THE 19TH DAY OF NOVEMBER, 1984, AND BEING THE
ZODTING ORDINANCE OF TH8 CITY, BY REVISING SUBSECTION P.2 OF SECTION 7
THEREOF BY ADDING A NEW PSRMITTLD USE TO THE PERMITTED USE TABLE, SUCH USE
- BEING ADULT BNTERTAINMENT BUSINESSES; PROVIDING DEFINITIONS AND STANDARDS
FOR SUCH USES; PROVIDING OTHER MATTERS RELATING TO THE SUBJECT; PROVIDING A
PENALTY OF AN AMOUN'P NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY
PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY.
SECONDED BY COUNCILMEMSER MANISON. THE MOTION PASSED UNANIMOUSLY.
**COUNCILMEMBSR MANISON MOVED TO APPROVE ORDINANCE T98-25, FIRST RBADING OF
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, GALVESTON/HARRIS COUNTIES, TEXAS,
AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RSTIREMENT
SYSTEM GRANTING THE ADDITIONAL RIGHTS AUTHORIZED BY SE3CTION 854.202 (g) OF
TITLE 8, TEXAS GOVERNMENT CODl3, AS AMENDED, AND PRE5CRIBING THE EFFECTIVB
DATE FOR THE ORDINANCE. (20 YEAR RETIREMENT) .
SECONDED BY COUNCILMEMSER MEASELES. THE MOTION PASSED UNANIMOUSLY.
**COUNCILMEI�ER $RIZENDINE MOVED TO APPROVE ORDINANCE T98-26, FIRST READING
OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, GALVESTON/HARRIS COUNTIES,
TEXAS, AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERIJING THE TEXAS MUNICIPAL
RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNTJAL
BASIS FOR SERVICE PERFORMED BY QUALIFYING MEM$ERS OF SUCH SYSTEM WHO AT THE
EP'FECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF
FRIENDSWOOD, PROVIDING FOR INCRI3ASED MUNICIPAL CONTRIBUTIONS TO THE CURRENT'
SERVICE ANN[JITY RLSERVE AT RETIREMENT; INCREASING THE RATE OF DEPOSITS TO
THS TEXAS MUNICIPAL RETIREMENT SYSTEM; AND ESTABLISHING AN EFFECTIVE DATR
FOR THE ORDINANCE. (7$ 2-1)
SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION PASSED 6-1 WITH
COUNCILMEMBER DICKEY OPPOSED.
COUNCILMEMBER MANISON LEFT TH}'s ROOM AT THIS TIME DUE TO A CONFLICT OF
INTEREST.
**COUNCILMEbffiER DICKEY MOVED TO APPROVE ORDINANCB T98-27, FIRST READING OF
AN ORDINANCE APPROVING THE PLANNING AND ZONING CO1rII�IISSION RECONII�iENDAT20N
REGARDING THE ZONING CHANGE REQUEST FOR PROPERTY LOCATED AT F.M. 528 A.K.A.
WEST PARKWOOD, CAMP MANISON, TR.ACT 2, 3.7363 ACRES, AND TRACT I2, 4.3785
ACRES, OUT OF SARAH MCKISSICK LEAGUE, ABSTRACT NO. 151, GALVESTON
COUNPY,TSXAS, FROM: SINGLE FAMILY RESIDENTIAL DISTRICT (SFR) , TO:
N$IGHBORHOOD COMMERCIAL DISTRICT (NC) , AMENDING THE ZONING DISTRICT MAP OF
THE CITY AS ADOPTED BY ORDINANCE NO. 84-15; AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJSCT; PROVIDING A PENALTY OF AN AMOUNP NOT TO EXCEED
$2,000 FOR EACH DAY OF VIOLATION HEREOF; AND PROVIDING E'OR SEVERABILITY.
SECONDED BY COIINCILMEMBER ERICSSON. THE MOTION PASSED 6-0.
COUNCILMEMBER MANISON RETURNED TO THE ROOM AT THIS TIME.
**COUNCILMEMBSR DICKEY MOVED TO APPROVE ORDINANCE T98-28, FIRST READING OF
AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TSXAS, AMENDING ORDINANCE NO.
84-15, AS AMENDED BY ORDINANCE NO. 293, SAID ORDINANCE NO. 84-15 BEING THE
ZONING ORDINANCE OF THE CITY, A1�TD SAID ORDINANCE NO. 293 GR.ANPING A SPECIFIC
USE PERMIT TO THE FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT FOR THE
CONSTRUCTION AND USE OF CERTAIN EDUCATIONAL FACILITIES; AMENDING THE
SPECIFIC USE PERMIT GRANTED BY SAID ORDINANCE N0. 293 FOR LAND LOCATED AT
8/17/9E �
� � �
400 WOODLAWN TO ALLOW ADDITIONAL EDUCATIONAL FACILITIES AND RELATED
. IMPROVEMENTS THEREON, PROVIDING A PENALTY IN AN AMOUNP NOT TO BXCEED $2,000
� FOR EACH DAY OF VIOLATION OF ANY PROVISION HER$OF; AND PROVIDING FOR
' SEVERABILITY.
SECONDED BY COUNCILMEZ�ER ERICSSON. THE MOTION PASSED UNANIMOUSLY.
**COIINCILMEMBER DICKEY MOVED THE APPROVE THE CON513NT AGENDA AS PRESI3NTSD.
A) PAYMENT OF CAPITAL PROJECTS - 1. SAN JOAQUIN PARKWAY STREET
INPROVEMENTS WITH THE FIFTY PAYMENT IN THE AMOiTNT OF $61,234.48 TO SCI
CONSTRUCTORS, INC. , BID 98-1. THE PROJECT IS 69 PERCENT COMPLETE.
RETAINAGE IS FIVE PERCENT. 2. SHADY OAKS SANITARY SEWER REHABILITATION
WITH THE SECOND AND FINAL PAYMENT IN THI3 AMOUNT OF $18,623.22 TO INSITUFORM
GULF SOUTH FOR REHABILITATION OF THE SANITARY SEWER SYSTEM. THE PROJECT IS
COMPLETE. 3. SOMERSET PLACE SOUND WALL WITH THE THIRD AND FINAL PAYMENT IN
THE AMOUNT OF $8,684.65 TO ROADWAY CONSTRUCTION INC. FOR CONSTRUCTION OF A
SOUND WALL, $ID 97-22. THE PROJECT HAS PASSSD FINAL INSPECTION. THE PAY
APPLICATION IS FOR THE RETAINAGE. TOTAL CONSI3NT AGENDA PAYMENTS WERE
$88,542.35. B. APPROVB CERTIFICATE OF ACCI�PTANCE FOR SHADY OAKS SANITARY
SEWER REHABILITATION. C. APPROVE CERTIFICATE OF ACCEPTANCE FOR SOMERSET
PLACE SOUND WALL. D. APPROVE EXBCUTION OF SEASONAL CONCESSION STAND
AGREEMENT WITH FRISNDSWOOD CHIEFS FOOTBALL ASSOCIATION AT RSNWICK PARK. E.
APPROVAL OF CO1��RCIAL SITE PLAN FOR MCDONALD'S RESTAURANT. F. APPROVAL OF
STREET BANNER PERMIT APPLICATIONS FOR HOPE LUTHERAN CHURCH FOR HOPEFEST
CR.AFT FAIR AND BAR-BE-QUE THE WEEK OF SPETEMBER 28 THROUGH OCTOB$R 4, 1998;
FRIENDSWOOD HISTORICAL SOCIETY FOR H$RITAGE DAY, THE WLEK OF OCTOSER 19-26,
1998; HERITAGI3 GARDENERS FOR CHRISTMAS HOME TOUR THE WEEK OF NOVEMSF2R 16-23,
1998. G. ESTABLISH CITY COUNCIL MEETING DATES FOR SEPTEI�ER, 1998. H.
PROPERTY TAX REPQRT FOR TFIE MONTH OF JLTLY, 1998. I. MINUTSS OF JULY 20,
1998.
SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION WAS APPROVED UNANIMOUSLY.
A MOTION WAS MADS AND APPROVED TO ADJOURN AT 9:28 P.M.
MAYOR HAROLD L. WHITAKER
ATTEST:
DELORIS MCKENZIE, TRMC
CITY SECREARY