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HomeMy WebLinkAboutCC Minutes 1999-10-18 Regular +t � 10/ 18/99 / 5��j / STATE OF TEXAS ) ( . CITY OF FRIENDSWOOD ) ( COUNTIES OF GALVESTON/EiARRZS ) ( OCTOBER 18, 1999 ) ( MINUTES OF A REGUI�R NIEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, OCTOBER 18, 1999 AT 7 :00 P.M. AT FRIENDSWOOD CITY F�ALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR E�AROLD L. WHITAKER COUNCII�MEMBER KITTEN HAJECATE COUNCII.MEMBER JERRY ERICSSON COUNCII.MEMBER TOM MANISON COUNCILMEMBER KIM BRIZENDINE COUNCZI.t�MBER LAF2RY TAYLOR CITY ATTOF2NEY KIM MZCKELSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE MAYOR PRO TEM MEASELES WAS ABSENT FROM THE MEETING. MAYOR WHITAKER CALLED THE MEETING TO ORDER. THE INVOCATION WAS GIVEN BY DR. GARY TALIAFERRO FROM THE CHURCH OF CHRIST 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 COMMISSION HILL FINGER CALLED A JOINT DOCKETED PUBLIC HEARING TO ORDER TO RECEIVF� EITHER ORI�L OR WRITTEN, REC,AFtDING A REQUEST FOR A SPECIFIC USE PERMIT FOR A YOGA STLTDIO AT 607 S. FRIENDSWOOD DRIVE, #6. MS. NATALIE MAISEL, APPLICANT, APPEARED BEFORE COUNCIL I�ND PRESENTED INFOF2MATION REGARDING THE DAYS AND TIMES OF THE SESSIONS THAT WILI, BE OFFERED F�ND THE TYPES OF CLASSES. MR_ BRAD KAGEN, REPRESENTING PROPERTY MANAGEMENT, APPEARED BEFORE COUNCIL I.ND STATED THAT HE IS LOOKING FORWI.RD TO HAVING YOGA CLASSES I23 FRIENDSWOOD AND WO[3LD APPRECIATE A FAVORABLE VOTE FROM COUNCIL. NO ONE SPOKE IN OPPOSITION. HEARING NO FURTHER COMt�NTS, THE JOINT DOCKETED PUBLIC HEARING WAS CLOSED. COUNCIL,MEMBER HAJECATE REPORTED ON ATTENDING THE PRAYER BREAKFAST AND F2EMINDED EVERYONE OF HERITAGE DAY THIS COMING SATURDAY. COUNCILMEMBER ERICSSON HAD NOTHZNG TO REPORT. COUNCILMEMBER MANISON REPORTED ON ATTENDING THE FRZENDSWOOD ECONOMIC DEVELOPMENT MEETING, AND REPORTED ON A PUBLICATION PRESENTED BY CLEAR LAKE ECONOMIC DEVELOPMENT FOUNDATION (CLAEDF) , REGARDTNG INFOF2MATION FOR A PROPOSED CONVENTION CENTER IN THE CLEAR LAKE ARER, REPORTED ON ATTENDING THE REGION H WATER BOARD AND WATER SUPPLY i,5.3 0 NEEDS MEETING FOR 15 COLTNTIES WHZCH WAS HELD ZN CONROE, REPORTED THAT HE WAS INTERVIEWED BY MS. VAL SILVEY E'ROM TEXAS A & M REGARDING SB 1 AND REGION I-i, REPORTED ON ATTENDZNG THE BAY AF2EA TF2ANSPORTATION MEETING DURING WHICH THE v BEAUTIFICATION OF NASA ROAD 1 WAS DISCUSSED, ATTENDED THE CI.AEDF MEETZNG AND MET THE CONSUL GENERAL FROM VENEZUELA, ATTENDED CLAEDF' S MONTHLY BOARD MEETING, SAM HOUSTON RC&D MEETING HELD AT THE ZOO REGAF2DING SAVING THE PRAIRIE CHICKEN THE SPECIES, ATTENDED THE PRAYER HREAKFAST, I�ND ATTENDED THE CLAEDF SPONSORED PUBLIC FORUM FOR THE CLEAR CREEK INDEPENDENT SCHOOL DISTRICT SCHOOL BOARD CANDIDATES. COUNCIL�MEMBER BRIZENDINE REPORTED ON MEETING WITH CITIZENS OPPOSED TO GRANTING THE SPECIFIC USE PERMIT FOR THE PROPOSED DRY CLEANING PLANTS, AND ATTENDED THE FRIENDWOOD FIRE DEPARTMENT OPEN HOUSE. COUNCILMEMBER TAYLOR REPORTED ON ATTENDING THE FRIENDSWOOD HIGH SCHOOL BON FIRE, THE FIRST IN 25 YEARS, A7'TENDED THE PRAYER BREAKFAST I�ND OTHER MEETINGS CONCERNING A VARIETY OF SUBJECTS. MAYOR WHITAKER REPORTED ON ATTENDZNG A NUMBER OF THE SAME MEETINGS. MF2_ ELMO ROBINSON, REPRESENTING THE ONE NATION UNDER GOD COMMITTEE, PRESENTED A REPORT REGAF2DING PRESENTATIONS THAT HAVE BEEN MADE TO VARIOUS GROUPS, AND PLANS FOR UPCOMZNG EVENTS AND ASKED FOR CONTINLJED SUPPORT OF THE PROJECT AND AN OFFICIAL DELEGATION FROM COUNCIL TO TRAVEL WITH THE COMMITTEE TO WASHINGTON IN MARCH, 2000, AND ASKED ELECTED OFFICIALS �.ND THE CZTIZENS OF FRZENDSWOOD TO SEND LETTERS OF SUPPORT TO THEIR REPRESENTATIVES. MAYOR AND COUNCIL T[-IANKED THE COMMISSION FOR THEIR COC�II'I'MENT AND THEIR DEDICATION TO THIS PROJECT. MEZ. ROD YOUNG, REPRESENTING HOMEOWNERS ZN THE LONGWOOD P�1E2EC SUBDIVZSION ON CRAWFORD DRIVE, APPEARED BEFORE COUNCIL REGAFZDING THE PROPOSED ENTRANCE TO THE FOREST OF E'RIENDSWOOD SUBDIVISION ON CRAWFORD DRIVE. MK. YOUIIG STATED THAT THE HOMEOWNERS APPRECIATED THE WORK THAT WAS PTJT INTO RESOLVING�THIS MATTER AND IS IAOKING FORWAF2D TO A SUCCESSFUL CONCLUSION. MR. JI�MES BABB, 1308 PINEY WOODS, APPEI�RED BEFORE COUNCIL REG73RDING THE SPECIFIC USE PERMITS FOR THE PROPOSED DRY CLEAIIING PI.,ANTS AND PRESENTED DATA AND INE'OF2MATION ON THE CHEMICALS TO BE USED ZN THE PI.ANTS, THE FIRE FIGHTING PROCESS, SOURCES OF IGNITION, HEALTH HAZI�2DS, I�ND ASKED ABOUT EVACUATION OF LOCAL SCHOOLS. MR. JONATHAN PONTEX, APPEARED BEFORE COUNCIL IN SUPPORT OF THE DRY CLEANING PLANT, ADTD REPORTED THAT THE MACHINE USED IN THE DRY CLEANING PI�NT IS NOT MUCH LARGER THAN A HOME WASHING MACHINE, THAT THE EQUIPMENT IS TIGHTLY CONTROI.LED BY COMPUTER, AND IF THERE IS A SPILL, IT GOES INTO A STEEL PAN. MS. VICKY WHYNOTT, 1716 FALCON RIDGE, APPEI�RED BEFORE COUNCZL IN OPPOSITION OF THE PROPOSED DRY CLEANING PLANTS AND STATED THAT THERE ZS A CONFLICT OF INTEREST BX COUNCILMEMBER MANISON AND ASKED THAT HE REF'RAZN FROM VOTING, REPORTED THAT A SPEAKER OPPOSED TO THE DRY CLEANING PLANTS WRS GALLED AT HOME AND HARASSED, STATED THAT OVER 700 SIGNED THE PETITION SLIBMITTED AND SIGNATUF2ES ARE STILL COMING IN, ASKED WHY THERE WILL BE 3 DRY CLEANZNG PLANTS COMING IN, THANKED COUNCTL FOR THE ENVIRODIMENT REPORT BUT SUGGESTED ADDITIONAL REQUIREMENTS WITH STRICT RULES AND REGULATIONS, FIRE SAF'ETY PROCEDURES, AND STATED THAT THE PLANT ON FM528 WILL BE A FULL BLOWN PLANT. MR. PAUL HEALY, 210 W. GASTLE fiARBOUR, APPEARED BEFORE COUNCIL REGARDING THE PROPOSED TOWNHOMES DEVELOPMENT ON THE CORNER OF DORAL)O AND W. CASTLE HARBOR AND � S.3/ REPORTED ON ATTENDING A HOMEOWNERS ASSOCIATION MEETING AND FOUND A LOT OF OPPOSITION AND WOULD PROPOSE NO ACTION TI�KEN UNTIL ADDITIONAL INFORMATION IS , PROVIDED TO CITIZENS. FOF2MER MAYOR MS. EVELYN NEWMAN, 502 FALLING LEAF, APPEARED BEFORE COUNCIL AND REMINDED EVERYONE O�' HERITAGE DAY AT THE BROWN MUSEUM, AND STATED THAT A HAR-B-CL3E DINNER WILL BE AVAILI�BLE, AND F�LL TYPES OF ACT NITIES DEPZCTING EARLY TIMES WILL BE HELD, IiND ALSO A DESSERT CONTEST. IN CASE OF RAIN, THE E'ESTIVITIES WILL BE HELD IN THE FRiENDSWOOD FRIENDS CHURCH ACTIVITY BUILDING. MR. DON BEETH, 5303 WHITTZER OAKS, APPEI4F2ED HEFORE COUNCIL IN SUPPORT OF THE SPECIFIC USE PERMIT FOR THE DRY CLEANING PLANTS AND STATED THAT HE IS NOT AN OWNER OF THE PROPOSED DRY CLEANING PI,ANT ON FM 518, STATED THAT COUNCIL HAS THE AUTHORITY TO GRANT THE PERMIT, AND THE CITY MUST FULFILL THEIR OBLIGATION AND STICK BY THE RIJLE S. CITY MANAGER COX PRESENTED A REPORT FROM ANINIA.I. CONTROL AND STATED THAT OVER THE PAST FEW WEEKS, COUNCIL HAS HEARU FROM VARIOUS INDIVIDUALS WHO HAVE HAD DIFFICULTY WITH THE ANIMAL CONTROL OFFICE. ME2. COX REPORTED THAT PROBLEMS DO EXIST IN THE ANIMAL CONTROL OFFICE AND ASKED CHIEF STOUT TO CONDUCT AN INTERNAL AUDZT INTO PRACTICES WITHIN THE OFFICE, REPORT ON THOSE PRACTICES AND REPORT ON CHANGES THAT CHIEF STOUT ZNTENDS TO MAKE IN THAT AREA. MR. COX REPORTED THAT A SERTES OF SIGNIFICANT PROCEDURAL, OPERATIONAL AND TRAINING CHANGES HAVE BEEN MADE FOR THE ANINIAI, CONTROL OFFICE AND THAT SUPERVTSORS AND EMPLOYEES OF THAT DIVISION OF THE POLICE DEPARTMENT AF2E ON NOTICE THAT PRACTICES OF THE PAST ARE NOT ACCEPTABLE. ME2. COX REPORTED HE, AND KAREN CAPPS, ECONOMIC DEVELOPMENT COORDINATOR, AND BILL FINGER, CHAIR OF THE PLANNING AND ZONING COMMISSION ATTENDED A CONFERENCE AT THE UNIVERSITY OF HOUSTON HILTON ON SMART GROWTH. SMART GROWTH IS AN EFFORT ON THE PART OF PLANNERS TO RECOGNIZE AND ATTEMPT TO BAI.ANCE THE PRESSURES OF ENVIR02�INIENTAL CONCERNS, WITH GROWTH. MR. COX REPORTED THAT THE CONCEPT IS CONSISTENT WITH THE FINDINGS OF THE OPEN SPACE TASK FORCE, AND PROMOTES THINGS LIKE CLUSTERING HOUSING TO CREATE MORE OPEN SPACE. IT ALSO PROMOTES DEVELOPING AND REDEVELOPING MAIN STREET AREAS THAT ARE AESTHETZCALLY PLEASING �ND CONSZSTENT WITH THE DOWNTOWN OVERLAY DISTRICT. MR. COX REPORTED THAT STAFF MEMBERS MET WZTH THE RESIDENTS OF EAGLE LAKES SUBDIVISION AND THAT THE MAIN INTEREST OF THIS GROUP WAS TO LEARN OF THE CITY' S PLANS FOR PI:RKS, HIKE AND BIKE TRAILS, F.ND THE GREEN SPACE AF2EA AROUND THIS SUBDIVISZON. **COUNCZLMEMBER HAJECATE MOVED TO APPROVE. RESOLUTION R99-29, A RESOLUTZON OF THE CITY OF FRIENDSWOOD, TEXAS, DESIGNATING COUNCII.MEMBER JERRY ERICSSON AS A REPRESENTATIVE AND COUNCII.MEMBER TOM MANISON AS AN ALTERNATE TO THE HOLTSTON-GALVESTON AREA COUNCIL 2000 GENERAL ASSEMBLY. SECONDED BY COUNCILMEMBER TAYLOR. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCIIJMEMBER TAYLOR MOVED TO APPROVE ORDINANCE NO. T99-22, SECOND AND FINAL READZNG OF AN ORDINANCE OF TfiE CITY OF FRIENDSWOOD, TEXAS, 11MENDING ORDINANCE NO. 84-15, SAID ORDZIIANCE NO. 84-15 BEING THE ZONING ORDI2IANCE OF THE CITY, BY GRANTING A SPECIFIC USE PERMIT FOR A DRY-CLEANING PI.RNT, LOCATED AT 417 SOUTH FRIENDSWOOD DRIVE, AND IMPOSING CERTAIN CONDITIGNS; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF ViOLATION OF ANY PROVISION HEREOF; I�ND PftOVIDZNG FOR SEVERABILITY. SECONDED BY COUNCILMEMBER ERICSSON. THE MOTION PASSED 4-2 WITH COUNCIi�MEMBERS HAJECATE AND BRIZENDINE OPPOSED. COUNCILMEMBER MANISON LEFT THE ROOM AT THIS TIME. **COUNCII�MEMBER TAYLOR MOVED TO APPROVE ORDINANCE NO. T99-28, SECOND AND FINAL .__...�...,_.,..,..........�....��„�,.,�__._..... ,_._..._ . ._..,_..._._...__,.._.T.._._�.,.,,�.,.._.........,....____ .......... ... �53 � READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING ORDINANCE NO. 84-15, SAID ORDINANCE NO. 84-15 BEING THE ZONING ORDI2IANCE OF THE CITY, BY GRANTTNG � A SPECIFIC USE PERMIT FOR A DRX-CLEANING PI.ANT, LOCI�TED AT FARM TO MARKET ROAD 528, IN LOT b, MANISON CONII�RCIAL PARK; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATZON OF I�NY PROVISIONS HER�OF; AND PROVTDING FOR SEVERABILITY. SECONDED BY COUNCII�MEMBER ERICSSON. THE MOTION FAILED 3-2 WITH COUNCII.MEMBERS HAJECATE AND BRIZENDINE OPPOSED. (SEE THE END OF THESE MINUTES OF THE FINAL VOTE FOR ORDINANCE 99-28) . COUNCILMEMBER MANISON RETURNED TO THE ROOM AT THIS TIME . **COUNCII�MEMBER ERICSSON MOVED TO APPROVE ORDINANCE NO. T99-41, SECOND AND FINAL READZNG OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDIT3G ORDI23ANCE NO. 84-15, SAID ORDINANCE NO. 84-15 BEING THE ZONING ORDINI�NCE OF THE CITY, BY GRFINTING A SPECIFIC USE PERMIT FOR A TELEPHONE ANSWERING SERVICE LOCATED AT 307 S. FRIENDSWOOD DRIVE, BUILDING F, PROVZDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVEF2ABILITY. SECONDED BY COUNCII�MEMBER TAYLOR. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER MANISON MOVED TO APPROVE ORDINANCE NO. T99-42, SECOND AND FINAL READING OF AN ORDINANCE AMENDING APPENDIX C OF THE F'RIENDSWOOD CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE NO. 84-15, AS 11MENDED, ORIGINI�LLY ADOPTED THE 19T" DAY OF NOVEMBER 1984, AND BEING THE ZONING ORDIAIANCE OF THE CITY, BY CHANGING THE ZONING CLASSIFICATION OF A CERTAIN 0.45454 ACRE TRACT OF LAND FROM COMML7NITY SHOPPING CENTER (CSC) TO OFFICE P1�RK (OP) ; BEING DESCRIBED AS LOT TWENTY (20) OF THE HOIDALE AND COFFMAN SUBDIVISION OF A PART OF THE PERRY AND AUSTIt1 LEAGUE, ABSTRACT NO. 20, GALVESTON, HARRIS AND BRAZORIA COUNTIES, AND BEING MIJNICIPALLY KNOWN AS 214 EAST EDGEWOOD WITHIN TFfE CITY; PROVIDZNG FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY; PROVIDZNG FOR SEVEFtI�ILITY; AND PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000- FOR EACH DAY OF VIOLATION OF ANY F PROVISION HEREOF. SECONDED BY COUNCII.MEMBER HAJECATE. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER HAJECATE MOVED TO APPROVE ORDINANCE NO. T99-21, SECOND AND FINAL 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 REGUI�ATION MATRIX FOR CONII�RCIAL AND RESIDENTZAL DISTRICTS TO DELETE THE HEIGHT COLUMNS AND RELATED NOTES; SUBPAFtAGRAPH b. OF PI.F2AGRAPH 2 OF SUBSECTION Q OF SECTION 7 THEREOF BY DELETING THE PRESENT LANGUAGE AND REPLACING IT TO ALLOW BUILDING HEIGHTS TO EXCEED 35 F'EET IN THE OFFICE PARK, LIGHT INDUSTRIAL, INDUSTRIAL, BUSINESS PARK, AND PLANNED UNIT DEVELOPMENT DISTRICTS, PROVIDED ADDITIOi�U�L SETBACKS AFtE MET; PROVIDING A PENALTY IN AN AMOUNT NOT Td EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVEfZABILITY. SECONDED BY COUNCII�MEMBER TAYLOR. THE MOTION WAS APPROVED UNANIMOUSLY. **COt3NCIII�MBER TAYLOR MOVED TO APPROVE ORDINANCE NO. T99-23, SECOND AND FINAL READING OF AN ORDINANCE �:MENDING APPENDIX C OF THE CITY OF FRIENDSWOOD CITY CODE, SAID APPENDIX C BEZNG THE ZONING ORDINANCE OF THE CITY, BY AMENDING THE REGULATION MATRIXS FOR COP�lERCIAL 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 SETB�ACKS UNDER CERTAIN CONDITIONS; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOFZ EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. ��33 SECONDED BY COUNCII.MEMBER BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY, t*COUNCIL.MEMBER BRIZENDINE MOVED TO APPROVE ORDINANCE NO. T99-37 , SECOND I�NU FINAL - READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE NO. 8A-15, AS AMENDED, ORIGIt�IALLY ADOPTED THE 19T" DAY OF NOVENiBER 1984 , At� 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 LZMITS AND THE DOWNTOWN OVERLIIY DISTRICT ZN ACCORDANCE WITH SECTION 3 OF THE ZONING ORDINANCE; AME23DZNG SECTION 7, BY ADDING SUBSECTI02�I 75, DOWNTOWN OVERLAY DISTRICT; ADDING STANDI�F2DS FOR COMMERCIAL DEVELOPMENT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VZOLATION OF 11NY PROVISION HEREOF; AND PROVIDING FOR SEVERABILZTY. SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION WAS APPROVEO UDIAIIIMOUSLY. **COUNCII.MEMBER MANISON MOVED TO APPROVE ORDIi�:NCE T99-38, SECOND AND FI2�IAL READING OF AN ORDIDIANCE AMENDING APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEZNG CITY OF FRIENDWOOD, TEXAS, ORDINANCE NO. 84-15, AS AMENDED, ORIGZNALLY ADOPTED THE 19T" DAY OF 2JOVEMBER 1 9$4 , I�ND BEING THE ZONING ORDIi1ANCE OF THE CITY, BY REVISING THE OFFICIAL ZOI3ING MAP OF THE CITY OF FRIENDSWOOD, TEXAS BY DESIGNATING CERTAIN ROADS WITH TF{E CITY LIMITS AS ENTRYWAY 0�7ERL.AY DrSTRICTS IN ACCORDANCE WITH SECTION 3 AND SECTZON 7.R OF THE ZONING ORDINANCE; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2 ,000 FOR EACH DAY OF VIOLATION OF I�NY PROVZSION HEF2EOF; AND PROVIDING FOR SEVEf2ABILITY. SECONDED BY COUNCIL.MEMBER HAJECATE. THE MOTION WAS APPROVED UNANIMOUSLY. "*COUNCIL�MEMBER ERICSSON MOVED TO APPROVE ORDINANCE T99-31 , SECOND I�ND FZNAL READING OF AN ORDINANCE AMENDING CHAPTER 66 OF THE CODE OF ORDINANCES OF THE CITY OF FRTENDSWOOD, TEXAS BY ADDING TO ARTICLE IV, EXCAVATIONS, A DIVISION 3, hiANAGEMENT 4F THE RIGHT -OF -WAY THERETO; PROVTDING FOR STANDARDS FOR RIGHT-OF-WAY CONSTRUCTION; PROVIDING FOR REGISTRATION AND CONSTRUCTION PERMITS IN THE RZGHT- OF -WAY; PROVIDING FOR FILING OF REQUIF2ED "PI�ANS OF RECORD"; PROVIDING E'OR CONFORMANCE WITH PUBLIC IMPROVEMENTS; P120VIDING PEIIALTIES AND REMEDIES FOR ZNIPROPERLY INSTALLED FACILITIES; PF20VIDING FOR RESTORATIObI OF PROPERTY; PROVTDING FOR REVOCATION OR DENIAL OF PERMIT; PROVIDING FOR RELATED MATTERS� PROVZDING FOR CIVIL AND CRIMINAL PENALTX IN AN AMOUNT NOT TO EXCEED $1 ,00d AND 5500 PER DAY OF VIOLATION; AND PROVIDING A SEVERABILITY CLAUSE. SECONDED BY COUNCILMEMBER BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCII.MEMBER HAJECATE MOVED TO APPROVE ORDINANCE T99-32, SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, PROVIDING RULES AND REGULATIONS GOVERNING THE USE OF CITY RIGEiTS-OF-WAY BY PROVIDERS OF TELECOMMLTNICATZONS SERVICES; PROVIDING FOR COMPEI3SATIOI�I FOR SUCH USE; PROVZDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION HEREOF ; PROVIDING FOR SEVERABILITY ; AND REPEALING ALL ORDINANCES, OR PARTS OF ORDIISANCES INCONSISTENT OR IN CONFLZCT HEREWITH. SECONDED BY COUNCILMEMBER BRIZENDINE. THE MOTZON WAS APPROVED UNANIMOUSLX. **COUNCII.MEMBER TAYLOR MOVED TO APPROVE ORDINANCE T99-34, SECOND AND FINAL READIlIG OF AN ORDINANCE OF THE CITY pF 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 TELECOMMtJNICATIONS SERVZCES; . MAKING CEf2TAIN FINDINGS; AND PROVIDING OTHER MATTERS RELATING TO THE SUBJECT. SECONDED BY COUNCILMEMBER BRIZENDINE . THE MOTION WAS APPROVED UNANIMOUSLY. **NO ACTION WAS TAKEN ON ORDINANCE T99-33, FIRST READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, GF2ANTING TO CAPROCK COMMIJNZCATIONS, THE AUTHORITY AND LZCENSE TO PLACE, OPERATE, AND UTILIZE ITS FACILITZES WITHIN PUBLIC RIGHTS-OF-WAY .. ... .... ...._,,,,,,�,,,,�.,,Y�.,,.,_,..�._� _. . _._. _..__.... . ._.. .__..,..�.,,...,..,,,..w.._.___ .. .__.._.... �. OF THE CITY FOR THE PURPOSE OF PROVIDING TELECOMMIJNICATIONS SERVICES; MAKING CEFtTAIN FINDZNGS; ANI PROVIDING OTHER MATTEFt5 RELATING TO THE SUBJECT. **COUNCII.MEMBER BRIZENDINE MOVED TO APPROVE ORDINANCE NO. T99-35, FIRST READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDTNG CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, SAID CHAPTER 26 BEING THE ENVIROI IENT ORDINANCES OF THE CITY OF FRIENDSWOOD, BY AMENDING ARTICLE VII, OIL AND GAS, BY AMENDING SECTION 26-186 BY ADDING AND ALTERING CERTAIN DEFINITIONS; BY AMEbIDING CERTAIN TERMS THROUGHOUT THE ARTICLE TO CORF2ECTLY IDENTIFY ADMINISTRATIVE PERSONNEL AND COF2RECT TERMINOLOGY; TO 1MEND SECTION 26-206 TO REQUIRE ADDITIONAL INFORMATION FOR CONPUITS ON STREETS AND ALLEYS; TO AMEND SECTION 26-207 TO INCREASE THE AMOUNTS OF BOND AND ZNSLJRANCE REQUIRED; PROVIDING FOR RELATED SUBJECTS; PROVIDING FOR A PENALTY ZN AN AMOUNT NOT TO EXCEED $2,000 PER DAY OF VIOLATZON; AND PROVZDING FOR SEVERABILITY_ SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION WAS APPRO'VED UNANIMOUSLY. **COUNCILMEMBER MANISON MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED WITH AId AMENDMENT TO ITEM F. A. DISPOSITION OF BID 99-11, 1999 DRAINAGE PROJECT, TO ZNCLUDE DRAINAGE WORK IN THE LUNDY LANE/ELDORADO AREA AND STEVENSON PAE2K, AND MAZNTENANCE OF BOCA RATON SUBDIVISION DETENTION POND. AWI F2DED TO REBEL CONTRACTORS IN THE AMOUNT OF $163, 181 . 95. B. -ACCEPT WATERLINE EASEMENT FOR OAK TREE DEVELOPMENT FROM MK. /MRS. CARMAC TAYLOR. C. ACCEPT STREETS, UTILITIES, ADID DRAINAGE FACILITIES FOR FALLING LEAF ESTATES FOR THE CONTRACTOR' S ONE-YEAR MAINTENANCE PERIOD. D. APPROVAL OF RESOLUTION f299-30-A RESOLUTION OF THE CITY OF FRIENDSWOOD AUTHORIZING THE CITY MANAGER TO REQUEST UNCLAIMED N'CTNDS IN THE NAME OF THE CITY FROM THE STATE COMPTROLLER. E. APPROVAL REGARDING ENTERING INTO AN AGREEMENT WITH THE ACCORD GROUP FOR MF IAGFMENT INFORMATION SYSTEM.S (MIS) CONSL3LTING WORK. G. APPROVAL OF PRQPERTX TAX REPORT FOR SEPTEMBER, 1999. H. MINUTES OF SEPTEMBER 27 AND OCTOBER 4 , 1999. SECONDED BY COUNCII MEMBER HAJECATE. THE MOTION PASSED UNANIMOUSLY. **COUNCILMEMBER BRIZENDINE MOVED TO APPROVE ITEM F - APPROVAL OF CHANGE ORDERS SUNSET TRAE'FIC SIGNAL PROJECT - l. CtiANGE ORDER NO. 1 TO TRAFFIC CONTROL DEVICES, INC. CONTRACT TO ALLOW TRAFFIC CONTROL DEVICES, INC. TO PERFORM THE REQUZRED FIELD CHANGES AND TO CLEAN UP SOME PUST CONSTRUCTTON PROBLEMS FOR AN ESTIMATED COST OF $16,535.08 AND TO HOLD FOR FURTHER STUDY ITEM 2 . CHANGE ORDER NO. 1 TO ALLOW TRAFFIC ENGINEERS, INC. TO CONDi)CT THE REQUIRED TRAFFIC SIGi3ALIZATION CHANGES TO ALLOW FOR SMOOTHER TRAFFIC FLOW. SECONDED BY COUNCII,MEMBER HAJECATE. THE MOTION PASSED UNANZMOUSLY. COUNCILMEMBER MANISON LEFT THE ROOM AT THIS TIME. **COUNCILMEMBER TAYLOR MOVED TO RECONSIDER ORDINANCE 99-28. SECONDED BY COUNCILMEMBER ERICSSON. THE MOTION PASSED 5-0. **COUNCILMEMBER TAYLOR MOVED TO SUSPEND THE 90-DAY RULES OF PROCEDURE RULE . SECONDED BY COUNCII MEMBER ERICSSON. THE MOTZON PASSED UNANIMOUSLY. **COUNCILMEMBER TAYLOR MOVED TO APPROVE ORDINANCE 99-28, SPECIFIC USE PERMIT FOR A DRY CLEANING PLANT LOCATED ON FM 528 IN LOT 6, MANISON COMMERCIAL PR12K. SECONDED BY COUNCILMEMBER ERICSSON. THE MOTION PASSED 4-1 WZTH COUNCILMEMBER HAJECATE OPPOSED. _____....,. _.._._..._.__.._. ............__ _.._.. .,.. .....,......._.. ..,..........., . ...........»..... ..w...-_.._......__...___.._ ...,__.. � 10/18/99 l$�5^ � COUNCII�IEMBER MP.NISON RETURNED TO THE ROOM AT THIS TIME. � A MOTION WAS MADE AND APPROVED TO ADJOURN AT 9: 05 PM. MAYOR I�AROLD L. WHITAKER ATTEST: DELORIS MCKENZIE, TRMC CITY SECRETARY v