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Home My WebLink AboutCC Minutes 1999-07-12 Regular , . � � � � STATE OF TEXAS ) ( CITY OF FRIENDSWOOD ) ( COUNTIES OF GALVESTON/HARRIS ) ( JLTLY 12, 19 9 9 ) ( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL TO BE HELD ON MONDAY, JULY 12, 1999 AT 7:00 P.M. AT FRIENDSWOOD CITY HALL COL7NCIL CHAMBERS, 910 S. ERIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR HAROLD L. WHITAKER MAYOR PRO TEM MEL MEASELES COUNCILMEMBER KITTEN HAJECATE COUNCII,MEMBER JERRY ERICSSON COUNCIL�MEMBER TOM MANISON COUNCILMEMBER KIM BRZZENDINE COUNCII.MEMBER LARRY TAYLOR CITY ATTORNEY KIM MICKELSON CITY MANAGER RON COX CTTY SECRETARY DELORIS MCKENZIE MAYOR WHITAKER CALLED THE MEETING TO ORDER. A MOMENT OF SILENCE WAS OBSERVED. MAYOR WHITAKER LED THE PLEDGE OF ALLEGIANCE TO THE STATE OF TEXAS AND TO THE UNITED STATES. MAYOR WHITAKER AND CHAIR OF THE PLANNING AND ZONING COIVIlVIISSION BILL FINGER CALLED THE JOINT DOCKETED PUBLIC HEARING TO ORDER TO RECEIVE PUBLIC COM[�NT, EITHER ORAL OR WRITTEN, REGARDING REQUEST FOR SPECIFIC USE PERMIT FOR A DRY CLEAN PLANT FOR PROPERTY LOCATED AT 417 S. FRIENDSWOOD DRIVE (FORMERLY PHILLIPS 66 STATION) , ZONED OLD BUSINESS DISTRICT. MR. VIET NGUYEN, OWNER OF RECORD FOR THE PROPERTY, APPEARED BEFORE COUNCIL AND PRESENTED INFOFtMATION REGARDING THE ON SITE DRY CLEANING PLANT AND DISCUSSED ENVIRONMENTAL ISSUES, AIR MONITORING ISSUES, VENTILATION, AND STATED THAT HE HAS BEEN IN THE SAME INDUSTRY FOR TWELVE YEARS. MS. EVELYN NEWMAN, APPEARED BEFORE COUNCIL IN FAVOR �F THE PLANT AND STATED THAT IT IS COMPATIBLE TO FRIENDSWOOD DRIVE. MR. CHUCK IM[�RICH, OWNER OF 107 WILLOWICK, APPEARED BEFORE COUNCIL IN FAVOR AND STATED THAT THIS BUSItdESS WILL RETURN THIS SITE TO A POSITIVE TAX BASE, WILL IMPROVE THE PROPERTY AND IS BETTER THAN HAVING AN EMPTY BUILDING. MEt. DON BEETH, 5303 WHITTIER OAKS, APPEARED BEFORE COUNCIL IN FAVOR AND STATED THAT THIS WZLL IMPROVE THE EYESORE AND HELP THE TAX BASE FOR FRIENDSWOOD. MS. KAREN LOWERY, OWNER OF THE MASSAGE CLZNIC ACROSS THE STREET, APPEARED BEFORE COUNCIL AND EXPRESSED CONCERNS REGARDING VENTILATION, CHEMICAL DISPOSAL, MACHINERY MAI.FUNCTIONS, AND STATED THAT THE CHEMICALS TO BE USED AF2E HAZARDOUS TO HEALTH AND THE ENVIRONMENT. MR. STEVE CARPENTER, BUSINESS OWNER AT 706 FRZENDWOOD DRZVE, APPEARED BEFORE COUNCIL TO EXPRESS HIS CONCERNS AND STATED HE IS A TWENTY—YEAR RESIDENT OF FRIENDSWOOD AND EXPRESSED HIS CONCERI�IS THAT HE WOULD LIKE TO KEEP THE OLD BUSINESS /�7 � DISTRICT AND THE AESTHETICS MORE COMPATZBLE, IS CONCERNED ABOUT THE EFFECT OF THE FUMES ON OTHER BUSINESSES AND PEOPLE, AND STATED THAT ANOTHER OPTION WOULD BE TO OPERATE AN ITALIAN CAFE ON THIS CORNER. MR. ED DRISKILL, 1206 MERRIEWOOD, AND AN OWNER OF AN ADJACENT PROPERTY, APPEARED BEFORE COUNCIL TO EXPRESS HIS CONCERNS AND STATED THAT THIS TYPE OF BUSINESS DOES NOT FIT INTO THE DOWNTOWN AREA, THAT HE IS NOT AGAINST THIS BUSINESS, JUST THE LOCATION OF IT. MR. CHUCK WHITTEN, 411 S. FRIENDSWOOD DRIVE, APPEARED BEFORE COUNCIL TO EXPRESS HIS CONCERNS AND STATED THAT HE IS A THIRTY-YEAR PROPERTY OWNER, AND WOULD LIKE TO SEE SAFETY DATA SHEETS REGARDING THE IMPACT ON THE ENVIRONI��NT, ASKED ABOUT THE AMOUNT OF CHEMICALS THAT WOULD BE STORED, AND ASKED ABOUT THE HAZARDOUS MATERIALS TEAM IN FRIENDSWOOD AND IF THEY WOULD BE DOING REGULAR INSPECTIONS, STATED THAT THIS IS A SCHOOL CROSSING FOR STUDENTS, SENIOR CITIZENS GOING TO THE ACTIVITY BUILDING, AND PATRONS GOING TO THE LIBRAEtY, STATED HIS CONCERN IS STRICTLY SAFETY, AND STATED THAT A PETITION AGAINST THIS BUSINESS HAS BEEN SUSMITTED TO THE CITY SECRETARY' S OFFICE_ MR. DAVE BURDON, 1202 MERRIEWOOD, A FRIENDSWOOD RESIDENT FOR 8 YEARS, APPEARED BEFORE COUNCIL TO EXPRESS HIS CONCERNS REGAF2UING THE IMPACT OF CHEMICALS ON SEWERS, AND THE PROXIMITY OF THIS BUSINESS TO APARTMENTS AND HOUSING. HEARING NO FURTHER INPUT, THE PUBLIC HEARING WAS CLOSED AT 7:33 PM. MAYOR PRO TEM MEASELES REPORTED ON ATTENDING THE I-45 S. CORRIDOR MEETING HELD BY THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) IN WEBSTER WHICH INCLUDED F.M. 2351 TO I-45, ATTENDED THE TEXAS PUBLIC OFFICIALS CONFERENCE HELD IN LEAGUE CITY REGARDING EMERGENCY MA2IAGEMENT, STATED THAT THE NASA ROAD 1 SCENIC MEETING WAS HELD IN FRIENDSWOOD TO INCLUDE HWY. 146 TO HWY. 35 TO INCLUDE SIGNS, LIGHTING AND LANDSCAPING WITH 7 MILES IN ERIENDSWOOD, ATTENDED THE TEXAS MLTNICIPAL LEAGUE (TNII�) LEGISLATIVE UPDATE HELD IN AUSTIN, ATTENDED THE CLEAR LAKE AREA ECONOMIC DEVELOPMENT FOiJNDATION (CLAEDF) MEETING DURING WHICH GALVESTON COUNTY JUDGE YARBROUGH, HARRIS COUNTY JUDGE ECKLES, AND STATE SENATOR MIKE JACKSON WERE SPEAKERS, ATTENDED A DEMONSTRATION BY ENRON OIL AND GAS COMPANY WHO PLAN TO DO SEISMOGRAPH TESTING IN OUR AREA, REPORTED THAT PLANNING AND ZONING COMMISSION IS WORKING ON BUILDING HEIGHTS, THE SUBDZVISION ORDINANCE, THE ENTRYWAY OVERLAY ORDINANCE, AND THE DOWNTOWN CRITERIA PLAN, AND CONGRATULATED THE EMPLOYEES, THE FOURTH OF JULY STEERING COMMITTEE, AND THE CHAMBER OF CONA�RCE FOR A WONDERFUL FOURTH OF JULY, REPORTED THAT A GOSPEL CONCERT WILL BE PRESENTED IN THE PARK THIS FRIDAY AND THE LAST CONCERT WILL BE ON JULY 23. COUNCILMEMBER TAYLOR REPORTED THAT HE HAS BEEN VERY BUSY, STATED THAT HE TOURED VARIOUS CITY DEPARTMENTS, THE BLACKHAWK WASTEWATER PLANT, VISITED WITH CITIZENS REGARDING CONCERNS, REPORTED THAT GARY HARRIS HAS BEEN APPOINTED COMMISSIONER TO SERVE ON THE CLEAR CREEK DRAINAGE DISTRICT BOARD, AND THE NEW PRESIDENT OF CLEAR CREEK DRAINAGE DISTRICT IS RICHARD JACKSON, STATED THAT THIS FOURTH OF JUI�Y WAS THE COOLEST ON RECORD AND QUITE REFRESHING, AND STATED THAT HE WILL BE LEAVING FOR LUBBOCK TOMORROW TO ATTEND THE TML CONFERENCE. COUNCII,MEMBER BRIZENDINE REPORTED ON ATTENDING WITH COUNCILMEMBER TAYLOR A TRIP TO COLORADO CHEYENNE MOUNTAIN FOR DEFENSE PURPOSES HOSTED BY THE ARMED FORCES, TOURED THE AIR FORCE ACADEMY AND BASES WAR GAMES, STATED THAT THIS WAS AN OVERWHELMING EXPERIENCE, AND THAT THERE IS A NEED FOR TALENTED YOUNG PEOPLE COMMITTED TO SERVE. �� 9 COUNCIL�NIEMBER TAYLOR REPORTED THAT THIS WAS AN INCREDIBLE EXPERIENCE AND ENCOURAGED ANYONE INTERESTED IN JOINING THE ARMED FORCES TO LOOK INTO ELLINGTON FIELD FOR SERVING. COUNCILMEMBER MANISON REPORTED THAT HE PARTICIPATED IN A NUMBER OF THINGS ALREADY MENTIONED, AND REPORTED ON ATTENDING THE REGION H WATER BOARD MEETING DURING WHICH WORK ON A PLAN WAS DEVELOPED THROUGH THE YEAR 2050 FOR A FIFTEEN COUNTY AREA, ATTENDED THE TEXAS ASSOCIATION OF REGIONAL COUNCIL OF GOVERNMENTS DURING WHICH A REVZEW OF LEGISLATION A23D IMPACT ON LOCAL CONTROL WAS DISCUSSED AND NEED TO COMMUNICATE IMPACT TO LEGISLATORS. COUNCII�MEMBER ERICSSON STATED THAT THE FOURTH OF JULY FESTIVITIES WERE GREAT, REPORTED ON ATTENDING THE COMMiJNITY AND ECONOMZC DEVELOPMENT COMMITTEE MEETING, ATTENDED THE CI.AEDF FIRST ANNUAL MEETING, REPORTED THAT THE CITY HAS HIRED KAREN CAPPS AS THE ECONOMIC DEVELOPMENT COORDINATOR AND SHE WILL BEGIN WORKING FOR THE CITY ON JULY 26, AND WILL BE HELPING DEVELOPERS THROUGH THE BUILDING PROCESS AND BUILDING IS5UES EXPRESSED CONCERN REGARDING CLOSINGS OF AREA BUSINESSES DUE TO CERTAIN REQUIREMENTS AND RESTRICTIONS AND LACK OF ABILITY TO RE-COUP BECAUSE CERTAIN ITEMS NOT ALLOWED TO BE SOLD AND STATED PLANNING AND ZONING IS LOOKING TO THE FUTURE NEEDS OF BUSINESSES. COUNCII�MEMBER HAJECATE CONGRATULATED THE FOURTH OF JULY STEERING COMMITTEE, CITY STAFF, AND ALL THE VOLUNTEERS FOR A WONDERFUL FOURTH OF JULY, STATED THAT SHE WILL ATTEND THE PRAYER BREAKFAST THIS SATURDAY AND THAT SHE WILL BE GOING TO THE TMI� CONFERENCE IN LUBBOCK, AND CONGRATULATED MISS TEXAS, HEATHER OGLIVE, WHO IS FROM THE FRIENDSWOOD AREA. MAYOR WFiITAKER REPORTED THAT HE ATTENDED THE TMI� LEGISLATIVE IIPDATE IN AUSTIN, THE CLAEDF MEETING, AND THAT THE SENIOR ACTIVITY BUILDING UPGRADE HAS BEEN COMPLETED AND IS A GORGEOUS BUILDING FOR THE SENIORS AND THIS WORK HAS BEEN FACILITATED BY THE CO2�P2CJNITY SERVICES DEPARTMENT OBTAINING A GRANT, GALVESTON COUNTY CONAIISSIONERS COLSRT AND CITY DOLLARS, AND ALL CITIZENS SHOULD BE VERY PROUD OF THIS FACII�ITY, AND STATED THAT HE WAS A PRESENTER IN THE NEWLY-ELECTED ORIENTATION HOSTED BY THE HOUSTON-GALVESTON AREA COUNCIL CITY MANAGER COX REPORTED ON THE HIRING OF KAREN CAPPS TO THE ECONOMIC DEVELOPMENT COORDINATOR POSITION AND THAT SHE WILL BEGIN WORKING FOR THE CITY ON JULY 26, REPORTED ON THE EMERGENCY MANAGEMENT MEETING FOR ELECTED OFFICIALS/DEPARZT�NT HEADS HELD ON JUNE 23, AND THE EMERGENCY MANAGEMENT MEETING FOR PUBLIC INFORMATION OFFICERS TO BE HELD JULY 14. MR. COX ALSO REPORTED ON THE ACTIVITY BUILDING OPEN HOUSE HELD JUNE 29, AND THE H-GAC WORKSHOP FOR NEWLY ELECTED COUNCII�MEMBERS HELD 3UNE 30, AND THE CLAEDF ECONOMIC DEVELOPMENT MEETING HELD JUNE 29. **COUNCII,MEMHER HAJECATE MOVED TO APPROVE ORDINANCE NO. T99-11 SECOND READING OF Ahi ORDII�TANCE 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 I9TN DAY OF NOVEMBER, 1984, AND BEING THE ZONING ORDINANCE OF THE CITY, BY AMENDING SUBSECTION b. l OF SECTION 7.R. 9. , ENTRYWAY OVEE2LAY DISTRICT RESIDENTIAL STANDARDS, BY REVISING THE REQUIREMENTS FOR BERMS ON RESIDENTIAL DEVELOPMENTS ALONG ENTRYWAY CORRIDORS; PROVIDING A PENAI,TY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATZON OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCII�MEMBER BRIZENDINE. ***COUNCIZ�MEMBER HAJECATE MOVED TO AMEND THE ORDTNANCE TO ADD WORDING TO REFLECT "TO A MINIMUM MATURE HEIGHT OF 6 FEET". $ECONDED BY COUNCILMEMBER BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY. �� ****MAIN MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER ERICSSON MOVED TO APPROVE ORDINANCE NO. T99-17, FIRST AND FINAL READING OF AN ORDINANCE KNOWN AS AMENDMENT I, AMENDING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE NO. 98-31, PASSED AND APPROVED SEPTEMBER 14, 1998 AND BEING AN ORDINANCE APPROVING AND ADOPTING THE CITY'S GENERAI. BUDGET FOR FZSCAL YEAR 1998/1999; PROVIDING AMENDMENT5 TO SUCH BUDGET; AND PROVIDING OTHER MATTERS RELATED TO THE SUBJECT. SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCII,MEMBER MANISON MOVED TO APPROVE ORDINANCE NO. T99-18, FIRST READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, AMENDING ORDINANCE NO. 84-15, PASSED AND APPROVED ON NOVEMSER 19, 1984, AND KNOWN AS THE ZONING ORDII�IADICE OF THE CITY, BY AMENDING THE CHANGE OF ZONING OF LOT G, BLOCK 19, FOREST BEND SUBDIVISION, SECTION 3, TO SPECIFIC USE - SCHOOL TO ALLOW EDUCATIONAL FACILITIES TO BE CONSTRUCTED, AND IMPOSING CONDITIONS; AND PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF. SECONDED BY COUNCILMEMBER MEASELES. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER BRIZENDINE MOVED TO APPROVE OFtDINANCE T99-19, SECOND READING OF AN ORDINAI3CE OF THE CITY OF FRIEtIDSWOOD, TEXAS, ADOPTING A DROUGHT CONTII3GENCY PLAN; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR A PENALTY, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR OTHER RELATED MATTERS. SECONDED BY COUNCILMEMBER ERICSSON. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCII�MEMBER MANISON MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED. A. PAYMENT OF CAPITAL PROJECTS - 1. BLACKHAWK/FM2351 WATERLINE REPLACEMENT WITH THE THIRD PAYMENT OF $84,250.26 TO KINSEL INDUSTRIES, INC. FOR CONSTRUCTION SERVICES DURI23G THE MONTH OE JUNE PER BID NO. 99-1. THE PROJECT IS 53 PERCENT COMPLETE. RETAINAGE ZS TEN PERCENT. B. ACCEPT OFFSITE UTILITIES FOR THE AUTUMN CREEK DEVELOPMENT FOR THE CONTRACTOR' S ONE-YEAR MAINTENANCE PERIOD.C. ACCEPT UTILITY EASEMENT FOR 16' ACCESS DRAINAGE AND UTILITY EASEMENT IN FRIENDSWOOD CROSSING OFF LIVE OAK LANE FROM WAYNE LELL. D. MINUTES OF JUNE 14 AND 21, 1999. SECONDED BY COUNCII�MEMBER HAJECATE. THE MOTION WAS APPROVED UNANIMOUSLY. A MOTION WAS MADE AND APPROVED TO ADJOUf2N AT 8:12 PM. MAYOR HAROLD L. WHITAKER ATTEST: DELORIS MCKENZIE, TRMC CITY SECRETARY