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HomeMy WebLinkAboutCC Minutes 1999-10-04 Regular � 5' 9 STATE OF TEXAS } ( CITY OF FRIENDSWOOD ) ( COUNTIES OF GALVESTON/HARRIS ) ( OCTOBER 4, 1999 ) ( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, OCTOBER 4 1999 AT 7:00 P.M. AT FRIENDSWOOD CITY HALL COUNCIL CHAMSERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR HAROLD L. WHITAKER MAYOR PRO TEM MEL MEASELES COUNCII�MEMBER KITTEN HAJECATE COUNCII�MEMBER JERRY ERICSSON COUNCILMEMBER TOM MANISON COUNCILMEMBER KIM BRIZENDZNE COUNCILMEMBER LARRY TAYLOR CITY ATTORNEY KIM MICKELSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE MAYOR WHITP.KER 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 PLANNING AND ZONING CHAIR BILL FINGER CALLED A JOINT DOCKETED PUBLIC HEARING TO ORDER TO RECEIVE CONIN�NTS, EITHER ORAL OR WRITTEN, REGARDING A REQUEST FOR A SPECIFIC USE PERMIT-(4) TOWNHOMES ON A 0.45 ACRE TRACT, WEST CASTLE HARBOUR DRIVE, SUNMEADOW SUBDIVISION, GALVESTON COUNTY, TEXAS. MR. CHARLES ANDERS, DEVELOPER �.ND BUILDER OF THE PROPERTY, APPEARED BEFORE COUNCIL AND GAVE A PRESENTATION REGARDING THE PROPERTY. MR. JOHN KAI�TENBACH, #1 DORADO DRIVE, APPEARED BEFORE COUNCIL TO EXPRESS HIS CONCERNS REGARDING DRAINAGE, WATER PRESSURE AND STATED HE HAS TAKEN CARE OF THE LOT AS HE LIVES NEXT DOOR. MS. JOYCE HEALY, 210 W. CASTLE HARBOUR, APPEARED BEFORE COUNCIL AND EXPRESSED HER CONCERNS REGARDING TRAFFIC, AND LOSING THE QUIET COUNTRY FEEL OF THE AREA. MR. SCOTT HUNTER APPEARED BEFORE COUNCIL AND EXPRESSED HIS CONCERNS REGARDING INCREASED TRAFFIC AND WATER PRESSURE. HEARING NO FURTHEEt GOML"�NTS, THE PUBLIC HEARING WAS CLOSED. COUNCZI�MBER MEASELES REPORTED ON ATTENDING THE PLANNIN6 AND ZONING MEETING. COUNCILMEMBER TAYLOR REPORTED ON ATTENDING THE CHAMBER'S 11T" ANNUAL TRADE SHOW AND STATED THAT IT WAS �/ERY WELL ATTENDED, AND REPORTED CESAR GALLI, A LONG TIME FRIENDSWOOD RESIDENT AND DEAR FRIEND LEFT PASSED AWAY AND STATED HE HELPED MAKE THIS WORLD A BETTER PLACE, AND WILL BE SADLY MISSED. COUNCII�MEMBER BRIZENDINE STATED THAT THE CITY MANAGER WILL GIVE A REPORT ON A i S�L v HOMEOWNERS ASSOCIATION MEETING FOR SAN JOAQUIN REGARDING THEIR CONCERNS. COUNCIL�MEMBER MANISON REPORTED ON ATTENDING THE ANNUAL CLEAR LAKE AREA ECONOMIC DEVELOPMENT FOUNDATION MEMBERSHIP MEETING. , TEiE REGION H & I WATER DEVELOPMENT MEETINGS WHERE THEY ARE PLANNING WATER FOR THE FUTURE, ATTENDED THE TEXAS WATER DEVELOPMENT LAW SEMINAR AND WORKSHOP, ATTENDED THE ASTROS GAME AND REPORTED THAT THEY REALLY DID IT UP IN STYLE AND CONGRATULATED THE TEAM. COUNCII�MEMBER ERICSSON REPORTED ON ATTENDING THE DEDICATION OF WINDSONG SCHOOL, REPORTED THAT HE RECEIVED LITERATURE REGARDING LIGHT REDUCTION AND THAT PERHAPS THIS COULD BE A POSSIBLE FUTURE WORKSHOP. COUNCII�MEMBER HAJECATE CONGRATULATED THE CHAMBER ON THEIR SUCCESSFUL TRADE SHOW. MS. CAROL JONES, PRESIDENT OF THE FRIENDSWOOD CHAMBER OF CONa�RCE, APPEARED BEFORE COUNCIL AND THANKED THE CITY FOR ITS SUPPORT, INTRODUCED THE BOAE2D OF DIRECTORS AND STAFF, AND PRESENTED THE CHAMBER' S ANN[JAL REPORT. MR. ED DRISKILL, 1206 MERRIEWOOD, APPEARED BEFORE COUNCIL TO EXPRESS HIS CONCERNS REGARDING THE PROPOSED DRY CLEANING PZ.ANT TO BE LOCATED AT SPREADING OAKS FRIENDSWOOD DRIVE, AND STATED THAT THIS WAS AN INAPPROPRIATE USE OF THIS SITE, CITED EPA REPORTS, URGED COUNCIL NOT TO APPROVE THE PLANT, A2iD EXPRESSED CONCERNS WITH WELL-WATER CONTAMINATION, AND STATED THAT A SPECIFIC USE PERMIT IS A PRIVILEGE THAT CAN BE GRANTED OR NOT. MR. JOE DE BONIS 41B OAK VISTA DRIVE, APPEARED BEFORE COUNCIL AND STATED THAT THE REPORT FROM MR. DON BEETH ON THE DRY CLEANING PI,ANTS IS A WHITEWASH AND IS NOT RIGHT, AND URGED COUNCIL NOT GIVE CREDIBILITY TO DON BEETH' S REPORT. DR. THOMAS SEMPLE, 401 FALLING LEAF DRIVE, APPEARED BEFORE COUNCIL AND STATED HE HAS A DEGREE IN ORGANIC CHEMI5TRY, AND THAT THE DATA HE HAS RECEIVED ON "PERC" USED IN DRY CLEANING HAS DETERMINED ZT IS SAFE, THERE ARE NO CHRONIC EFFECTS AND LETHAL DOSAGES, BUT HAS TO BE HANDLED WITH CARE, AND EXPRESSED CONCERNS WITH A SPILL THAT COULD CONTAMINATE GROUND WATER AND AIR QUALITY. MS. BARBARA ACKLES, 1509 REGENCY COURT, APPEARED BEFORE COUNCIL TO EXPRESS HER CONCERNS REGARDING THE DRY CLEANING PLANT, AND STATED SHE IS WORKING ON A PETITION AND HAS OVER 500 SIGNATURES, PRESENTED A HAZARDOUS SUBSTANCE LIST, PRESENTED A HEALTH HAZARD LIST, A REPORT FROM TEXAS NATURAL RESOURCE CONSERVATION AIR QUALITY COMPLIANCE REPORT, THE EMERGENCY AND PLANNING ACT REGARDING SPILLS AND STATED THAT UNDER 100 GALLONS DOES NOT HAVE TO BE REPORTED, PRESENTED REPORTS EROM OSHA, AND STATED SHE TRUSTED COUNCIL WOULD VOTE ACCORDINGLY. MR. DON BEETH, 5303 WHITTIER OAKS, APPEARED BEFORE COUNCIL AND STATED THAT HE COUI,D FIND NO RATIONAL REASON TO OPPOSE THE PROPOSED DRY CLEANING PLANTS, AND THAT AS A RULE OF LAW, IF YOU DO NOT LIKE THE LAW CHANGE IT, BUT NOT IN THE MIDDLE OF THE PROCESS. DR. SUSAN WRIGHT, 816 BUCKINGHAM DRIVE, APPEARED BEFORE COUNCIL AND EXPRESSED HER CONCERNS WITH MR. DON BEETH'S REPORT FROM THE LAST MEETING, STATED THAT THE "PERC" INFORMATION CONTAINED DATA SAFETY SHEETS AND FACTS ON "PERC" AND USE AND STORAGE, AND ASKED COUNCIL NOT TO CONSIDER APPROVING UNTIL THE CITY PROVIDES ADDITIONAL INFORMATION. MS. VICKY WHYNOTT, 1716 FALCON RIDGE, APPEARED BEFORE COUNCIL AND PRESENTED PETITIONS OF APPROXIMATELY 700 SIGNATURES, REPORTS FROM OSHA, EPA RESOURCE MATERIAL, QUESTIONED THE CITY NEWSLETTER "WHAT'S NEW IN FRIENDSWOOD" WHERE IT i 5�� STATED THAT THE DRY CLEANING PLANTS WERE APPROVED, STATED THE PLANT WILL BE CLOSE TO THE SCOUT HOUSE, AND A DAY CARE FACILITY, ASKED IF THERE WAS AN EMISSIONS PLAN, AND STATED SHE DISCUSSED THE PLAN WITH THE FIRE MARSHAL'S OFFICE. MR. JEFF BRANSCOME, 308 WOODSTREAM, FOUNDER OF "FRIENDSWOOD CITIZENS FOR PROPER ANIMAL CONTROL", APPEARED BEFORE COUNCIL AND PRESENTED A PUBLIC CHALLENGE TO THE POLZCE CHIEF FOR AN INTERNAL INVESTIGATION OF THE ANIMAL CONTROL DEPARTMENT, STATED HE WILL PRESENT A REPORT OF THE LAST TWO YEARS OF OPERATION AND WILL RELEASE THE REPORT IN NOVEMBER, AND PRESENTED THE CITY WITH A PEN TO REPRESENT TEAMWORK. MR. ROB ROY, 306 VIRGINIA LANE, APPEARED BEFORE COUNCIL AND PRESENTED AN UPDATE ON BARKING DOGS, AND STATED THAT AFTER THE REPORT, THE SAME DOGS ARE STILL BAFIKING AND KEEPING HIM UP AT NIGHT AND STATES THAT THERE IS A PROBI�EM AT NIGHT WITH DOGS RUNNING AT LARGE, AND STATED HE HAS SPOKEN TO DOUG LACOMBE AND REPORTED HE WILL FOLLOW UP REGARDING THE NEIGHBOR'S DOGS. MS. ARLENE YORKER, 204 STRATMORE, APPEARED BEFORE COUNCIL REGARDING BARKING DOGS 24 HOURS A DAY, STATED THAT THE POLICE SHOULD DO THEIR JOB, SAID THEY DON'T KNOW THE ORDINANCES, AND HOPES SOMETHING CAN BE DONE TO HELP THIS SITUATION. MS. PAULA MAGEE, 130 IMPERIAL, APPEARED BEFORE COUNCIL TO EXPRESS HER CONCERNS WITH THE PROPOSED DRY CLEANING PLANT, AND THE FACILITIES ADJACENT TO THE AREA, STATED THIS IS NOT WHERE A DRY CLEANING PI,ANT SHOULD BE L(X'X:'ATED, AND WISHES THAT ACTION ON THE PROPOSED PLANT CAN BE TABLED UNTIL MORE RESEARCH IS DONE. MS. ALISON COX, 126 IMPERIAL, APPEARED BEFORE COUNCIL TO EXPRESS HER CONCERNS REGARDING THE PROPOSED DRY CLEANING PLANT, AND STATED SHE IS STRONGLY OPPOSED, QUOTED THE LAWSUITS INVOLVING PILGRIM'S CLEANERS, AND STATED THE MAJORITY OF DRY CLEANING PLANTS ARE FAMILY OWNED AND DOES NOT HAVE ENOUGH MONEY FOR A CLEAN UP AND DOES NOT WANT TO BE SITTING HERE WITH 2 PIECES OF CONTAMINATED LAND. CITY MANAGER COX REPORTED ON GALVESTON COUNTY' S YEAR 2000 WORKSHOP HELD IN LEAGUE CITY AND SPONSORED BY GALVESTON COUNTY JUDGE JIM YAE2BROUGH. MR. COX REPORTED THAT THE WORKSHOP WAS DIVIDED INTO TWO SEPARATE GROUPS-LAW ENFORCEMENT AND UTILITIES AND CITY ADMINISTRATORS, WITH TOPICS SUCH AS TRAFFIC CONTROL, COMMUNICATIONS, UTILITY COMPANIES, EMERGENCY PLANNING RESOURCES, AND OTHER BEING COVERED. MR. COX ALSO REPORTED ON DISCUSSIONS WITH THE SAN JOAQUIN HOMEOWNERS' ASSOCIATION (HOA) MEETING ADDRESSING DEVELOPMENT PLANNED FOR THAT AREA, AND THE EAGLE LAKES HOA REGARDING DEVELOPMENT OF HIKING AND BICYCLE LANES FOR THE AREA AND PARKS AND RECREATION PLANS. **COUNCII.MEMBER MEASELES MOVED TO APPROVE AUTHORIZING A PERMIT FOR J. NICHOLS COMPANY TO CONDUCT SEISMIC TESTING IN THE CITY. SECONDED BY COUNCILMEMBER TAYLOR. THE MOTION PASSED UNANIMOUSLY. **COUNCII�SEMBER BRIZENDINE MO�IED TO APPROVE ORDINANCE NO. T99-40, FIRST AND FIIZAL READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, AUTHORIZING THE ISSUANCE AND SALE OF $4,945,000 WATERWORKS AND SEWER SYSTEM REVENUE BONDS, SERIES 1999; AND PROVIDING THE DETAILS RELATING THERETO. SECONDED BY COUNCII�MEMBER HAJECATE. THE MOTION PASSED UNANIMOUSLY. **COUNCII�MEMBER BRIZENDINE MOVED TO REMOVE THE ORDINANCE T99-40 FROM THE TABLE. SECONDED BY COUNCILMEMBER MEASELES. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCII�MEMBER BRIZENDINE MOVED TO DENY ORDINANCE NO. T99-22, SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF ERIENDSWOOD, TEXAS, AMENDING ORDINANCE NO. 84-15, SAID ORDINANCE NO. 84-15, SAID ORDINANCE NO. 84-15 BEING THE ZONING / t,°2"� ORDINANCE OF THE CITY, BY GFtANTING A SPECIFIC USE PERMIT FOR A DRY-CLEANING PLANT, LOCATED AT 417 SOUTH E'RIENDSWOOD DRIVE, AND IMPOSING CERTAIN CONDITIONS; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION FAILED 2-5 WITH MAYOR WHITAKER, AND COUNCILMEMBER ERICSSON, MANISON, TAYLOR AND MEASEI,ES OPPOSED. MR. TOM ADAMS, A CONSULTANT WITH ENVIRO-TEST, AN ENVIRONMENTAL CONSULTING FIRM, PRESENTED INFORMATION AND RECOMf�NDATIONS REGARDING THE DRY CLEANING PLANT AND REPORTED THAT DRY CLEANING CAN BE REASONABLY MANAGED WITH ENGINEERING CONTROLS AND THERE ARE MINIMAI., IF ANY, EMISSIONS. GALVESTON COUNTY HEALTH DEPARTMENT WOULD MONITOR AND HAVE OVERSIGHT TO THE PLANT. MR. JOHN PONDER, SWEETWATER CORPORATION, REPRESENTING THE OWNERS, ANSWERED QUESTIONS FROM COUNCIL REGARDING THE CLOSED SYSTEM OPERATION. ***COUNCII,MEMBER BRIZENDINE MOVED TO TABLE ORDINANCE. T99-22. SECONDED BY COUNCILMEMBER MEASELES. THE MOTION FAILED 3-4 WITH COUNCILMEMBERS BRIZENDINE, HAJECATE, AND MEASELES OPPOSED. ****COUNCII,MEMBER TAYLOR MOVED TO APPROVE THE ORDINANCE WITH AMENDMENTS. SECONDED BY COUNCILMEMBER ERICSSON. THE MOTION WAS APPROVED 5-2 WITH COUNCIIMEMBER BRIZENDINE AND HAJECATE OPPOSED. COUNCII,MEMBER MANISON LEFT THE ROOM AT THIS TIME. **COUNCII3�IEMBER BRIZENDINE MOVED TO DENY ORDINANCE NO. T99-28, FIRST READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING ORDINANCE NO. 84-15, SAID ORDINANCE NO. 84-15 BEING THE ZONING ORDINANCE OF THE CITY, BY GFZANTING A SPECIFIC USE PERMIT FOR A DRY-CLEANING PLANT, LOCATED AT FARM TO MARKET ROAD 528, IN THE LOT 6, MANISON COM[�RCIAL PARK; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISIONS HEREOF; AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION FAILED 2-4 WITH MAYOR WHITAKER AND COUNCII,MEMBERS ERICSSON, TAYLOR AND MEASELES OPPOSED. ***COUNCII�MEMBER BRIZENDINE MOVED TO TASLE ORDINANCE, T99-28. SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION FAILED 2-4 WITH MAYOR WHITAKER AND COLTNCII�MBERS ERICSSON, TAYLOR, AND MEASELES OPPOSED. ****COUNCILMEMBER TAYLOR MOVED TO APPROVE ORDINANCE T99-28 WZTH AMENDMENTS. SECONDED BY COUNCII.MEMBER MEASELES. THE MOTION PASSED 4-2 WITH COUNCILMEMBER BRIZENDINE AND HAJECATE OPPOSED. COUNCII�MBER MANISON RETURNEA TO THE ROOM AT THIS TIME. **COUNCILMEMBER HAJECATE MOVED TO APPROVE ORDINANCE NO. T99-41, FZRST READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING ORDINANCE NO. 84-15, SAID ORDINANCE NO. 84-15 BEING THE ZONING ORDINANCE OF THE CITY, BY GRANTING A SPECIFIC USE PERMIT FOR A TELEPHONE ANSWERING SERVICE LOCATED AT 307 S. FRIENDSWOOD DRIVE, BUILDING F, PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCII,MEMBER ERICSSON. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER ERICSSON MOVED TO APPROVE ORDZI�IANCE NO. T99-42, FIRST READING OF AN ORDINANCE 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 �.9TH DAY OF NOVEMBER 1984, AND BEING THE ZONING ORDIbiANCE OF THE CITY, BY CHANGING �......,......,..._,...,_.....,.....M.......«.�..�.+.rn....�.....r��..r.+.�..�-„--,..-...........�_.W,..�....�..�....-.--.._._..._. . ��� � 3 THE ZONING CLASSIFICATION OF A CERTAIN 0.45454 ACRE TRACT OF LAND FROM COMMUNITY SHOPPING CENTER (CSC) TO OFFICE PARK (OP) ; BEING DESCRIBED AS LOT TWENTY (20) OF THE HOIDALE AND COFFMAN SUBDIVZSION OF A PART OF THE PERRY AND AUSTIN LEAGUE, ABSTRACT NO. 20, GALVESTON, HARRIS AND BRAZORIA COUNTIES, AND BEZNG MUNICIPALLY EINOWN AS 214 EAST EDGEWOOD WITHIN THE CZTY; PROVIDING FOR THE �:MENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000- FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF. SECONDED BY COUNCILMEMBER MANISON. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER MANISON MOVED TO APPROVE ORDINANCE NO. T99-21, FIRST READING OF AN ORDINANCE AMENDING APPENDIX C OF THE CITY OF FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING THE ZONING ORDINANCE OF THE CITY, BY AMENDING THE REGULATION MATRIX FOR CONI��RCIAL AND RESIDENTIAL DISTRICTS TO DELETE THE HEIGHT COLLJMNS AND RELATED NOTES; SUBPARAGRAPH b. OF P�GRAPH 2 OF SUHSECTION Q OF SECTION 7 THEREOF BY DELETIL�TG THE PRESENT LANGUAGE AND REPLACING IT TO ALLOW BUILDING HEIGHTS TQ EXCEED 35 FEET IN THE OFFICE PARK, LIGHT INDUSTRIAL, INDUSTRIAL, BUSINESS PARK, AND PLANNED UNIT DEVELOPMENT DISTRICTS, PROVZDED ADDITIONAL SETBACKS ARE MET; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCII�MEMBER BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER MEASELES MOVED TO APPROVE ORDINANCE NO. T99-23, FIRST READING OF AN ORDINANCE AMENDIi3G APPENDIX C OF THE CITY OF FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING THE ZONING ORDINANCE OF THE CITY, BY AMENDING THE REGULATION MATRIX FOR COMI�RCIAL AND RESIDENTIAL DISTRICTS CONTAINED IN PARAGRAPH 2 OF SUBSECTION Q OF SECTION 7 THEREOF BY DELETING AND ADDING CERTAIN SETBACKS FOR INTERIOR LOT LINES, AND PROVIDING THAT ZERO LOT LINES WILL NOT BE PERMITTED IN MULTI-FAMILY DISTRICTS, AND ADDING NOTES I AND J TO REQUIRE GREATER SETHACKS UNDER CERTAIN CONDITIONS; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANX PROVISION HEREOF; AND PROVIDZN6 FOR SEVERABILITY. SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER BRIZENDINE MOVED TO APPROVE ORDINANCE NO. T99-37, FIRST READING OF AN ORDINANCE OF THE CITY OF FRZENDSWOOD CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY ADOPTED THE 19� DAY OF NOVEMBER 1984, AND BEING THE ZONING ORDINANCE OF THE CITY, BY REVISING THE OFFICIAL ZONING MAP OF THE CITY OF FRIENDSWOOD, TEXAS BY DESIGNATING CERTAIN ROADS WITHIN THE CITY LIMITS AND THE DOWNTOWN OVERI�A.Y DISTRICT IN ACCORDANCE WITH SECTION 3 OF THE ZONING ORDINANCE; AMENDING SECTION 7, BY ADDING SUBSECTION 75, DOWNTOWN OVEFtLAY DISTRICT; ADDING STANDARDS FOR COM��RCIAL DEVELOP'MENT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEI2EOF; AND PROVIDING FOR SEVEFtABILITY. SECONDED BY COUNCII�MEMBER HAJECATE. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER BRIZENDINE MOVED TO APPROVE ORDINANCE T99-38, FIRST READING OF AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD, TEXA.S, ORDINANCE NO. 84-15, AS AMENDED, ORIGINALLY ADOPTED THE I.9TH DAY OF NOVEMBER 1984, AND BEING THE ZONING ORDINANCE OF THE CITY, BY REVISING THE OFFICIAL ZONING MAP OF THE CITY OF FRIENDSWOOD, TEXAS BY DESIGNATING CERTAIN ROADS WITH THE CITY LIMITS AS ENTRYWAY OVERLAY DISTRICTS IN ACCORDANCE WITH SECTION 3 AND SECTION 7.R OF THE ZONING ORDINANCE; 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 COUNCII�MEMSER TAYLOR. THE MOTION WAS APPROVED LJIdANIMOUSLY. **GOUNCII�MEMBER MANISON MOVED TO APPROVE ORDINANCE T99-31, FIRST READING OF AN ,._.__...._. ............ .._...____.,...,..._...�.�....«�...�........ »._,.._..,w_....,�..�,..A.�...�..,.,...�.�...�..�.W..�.�...���, _._..._.._...._... _.,,._...__._,�...____. ._. ... . . . .. . la� � / y�, / ORDINANCE AMENDING CHAPTER 66 OF THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS BY ADDING TO ARTICLE IV, EXCAVATIONS, A DIVISION 3, MANAGEMENT OF THE RIGHT - OF -WAY THERETO; PROVIDING FOR STANDARDS FOR RIGHT-OF-WAY CONSTRUCTION; PROVIDING FOR REGISTRATION I�ND CONSTRUCTION PERMITS IN THE RIGHT- OF -WAY; PROVIDING FOR FILING OF REQUIRED "PLANS OF RECORD"; PROVIDING FOR CONFORMANCE WITH PUBLIC ZMPROVEMENTS; PROVIDING PENALTIES AND REMEDIES FOR IMPROPERLY INSTALLED FACILITIES; PROVIDING FOR RESTORATION OF PROPERTY; PROVIDING FOR REVOCATION OR DENIAL OF PERMIT; PROVIDING FOR RELATED MATTERS; PROVIDING FOR CIVIL AND CRIMINAL PENALTY IN AN AMOUNT NOT TO EXCEED $1,000 AND $500 PER DAY OF VIOLATION; AND PROVIDING A SEVERABILITY CLAUSE, WITH AMENDMENTS TO CHANGE PUBLIC WORKS TO COMMUNITY DEVELOPMENT DEPARTMENT. SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCII�MEMBER ERICSSON MOVED TO APPROVE ORDINANCE T99-32, FIRST READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, PROVIDING RULES AND REGULATIONS GOVERNING THE USE OF CITY RIGHTS-OF-WAY BY PROVIDERS OF TELECOMMUNICATIONS SERVICES; PROVIDING FOR COMPENSATION FOR SUCH USE; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF; PROVIDING FOR SEVERABILITY ; AND REPEALZNG ALL ORDINANCES, OR PARTS OF ORDZNANCES INCONSISTENT OR IN CONFLICT HEREWITH, WITH 71MENDMENT5 TO DEFINE ACCESS I�INE FEE OF $ . 94. SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION WAS APPROVED UNANIMOUSLY. **NO ACTION WAS TAKEN ON ORDINANCE T99-33, AS REQUESTED BY CAPROCK COIvII�IUNICATIONS, FIRST READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, GRANTING TO CAPROCK COMMUNICATIONS, THE AUTHORITY AND LICENSE TO PLACE, OPERATE, AND UTILIZE ITS FACILITIES WITHIN PUBLIC RIGHTS-OF-WAY OF THE CITY FOR THE PURPOSE OF PROVIDING TELECOMMUNICATIONS SERVICES; MAKING CERTAIN FINDINGS; AND PROVIDING OTHER MATTERS RELATING TO THE SUBJECT. **COUNCII,MEMBER HAJECATE MOVED TO APPROVE ORDINANCE T99-34, FIRST READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, GRANTING TO METRICOM, INC. , THE AUTHORITY AND LICENSE TO PLACE, OPERATE, AND UTILIZE ITS FACILITIES WITHIN PUBLIC RIGHTS-OF-WAY OF THE CITY FOR THE PURPOSE OF PROVIDING TELECONIISUNICATIONS SERVICES; MAKING CERTAIN FINDINGS; AND PROVIDING OTHER MATTERS RELATING TO THE SUBJECT WITH AMENDMENTS TO CHANGE TERM OF LICENSE TO 5 YEARS. SECONDED BY COUNCII�MEMBER ERICSSON. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER MEASELES MOVED TO APPROVE ORDIIdANCE T99-39, FIRST AND FINAL READING OF AN ORDINANCE KNOWN AS "AMENDMENT II", 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 GENERAL BUDGET FOR FISCAL YEAR 1998/1999; PROVIDING AMENDMENTS TO SUCH BUDGET; AND PROVIDING OTHER MATTERS RELATED TO THE SLTBJECT WITH AMENDMENTS TO REMOVE NtJMBERS 6, 7, AND 8 FROM THE ORDINANCE. SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCII�MEMBER MANISON MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED WITH CORRECTIONS TO THE SEPTEMBER 20, 1999 MINUTES. A. AUTHORIZE RENEWAL OF CONTRACT WZTH FRIENDSWOOD CHAMBER OF COD�RCE IN THE AMOUNT OF $5,000 FOR ECONOMIC DEVELOP'MENT SERVICES. B. APPROVE AMENDMENTS TO THE DROUGHT CONTINGENCY PLAN. C. MINUTES OF SEPTEMBER 20, 1999. SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION WAS APPROVED UNANIMOUSLY. , 5a � A MOTION WAS MADE AND APPROVED TO ADJOURN AT 10:00 PM. MAYOR HAROLD L. WHITAKER ATTEST: DELORIS MCKENZIE, TRMC CITY SECRETARY