HomeMy WebLinkAboutCC Minutes 1999-11-01 Regular �,�3 �
STATE OF TEXAS ) (
CITY OF FRIENDSWOOD ) (
COUNTZES OF GALVESTON/HARRIS ) (
NOVEMBER 1, 1999 ) (
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON
MONDAY, NOVEMBER 1, 1999 AT 7:00 P.M. AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS,
910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT
CONSTITUTING A QUORUM:
MAYOR HAROLD L. WHITAKER
MAYOR PRO TEM MEL MEASELES
COUNCILMEMBER KZTTEN HAJECATE
COUNCILMEMBER JERRY ERICSSON
COUNCILMEMBER TOM MANISON
COUNCII.MEMBER KIM BRIZENDINE
COUNCII�MEMBER LAFtF2Y TAYLOR
CZTY ATTORNEY KIM MICKELSON �
CITY MANAGER RON COX
CITY SECRETARY DELORIS MCKENZIE
MAYOR WHITAKER CALLED THE MEETZNG TO ORDER.
THE IN�70CATION WAS GIVEN BY CHRIS WALSH, YOUTH MINISTER, EROM HOPE LUTHERAN CHURCH
MAYOR WHITAKER LED THE PLEDGE OF ALLEGIANCE TO THE STATE OF TEXAS AND TO THE UNITED
STATES.
CITY MANAGER COX PRESENTED THE FIVE STAR AWARD TO ROGER SPEED, MIS COMPUTER
TECHNZCIAN, MIS DEPARTMENT. ROGER WAS NOMINATED NOT ONLY BY STAFF MEMBERS FOR HIS
WORK IN CONVERTING ALL THE PCs TO NEW EQUIPMENT, FOR AN OUTSTANDING JOB ASSISTING
ALL EMPLOYEES, HIS PATIENCE AND GOOD-NATURED PERSPECTIVE, BUT ALSO BY JAN ORCUTT,
THE VENDOR OF THE CIVICALL SOFTWARE PROGRAM, WHO STATED IN HER RECON]��NDATION THAT
"RODGER'S POSITIVE ATTITUDE, AND DEDICATION TO RESULTS AND RESOURCEFULNESS PUT HIM
UP WITH THE BEST WE HAVE WORKED WITH. " ROGER EXEMPLIFIES THE FIVE STAR SPIRIT.
MAYOR WHITAKER AND PLANNING AND ZONING CHAIR MR. BILL FINGER CALLED A JOINT
DOCKETED PUBLIC HEARING TO ORDER TO RECEIVE COMP�NTS, EITHER ORAI� OR WRITTEN,
REGARDING A REQUEST FOR A ZONE CLASSIFICATION CFiANGE FROM COL�II�SUNITY SHOPPING CENTER
(CSC) TO PLANNED UNIT DEVELOPMENT 9PUD) AT 4426-D, FM 2351 AND REGARDING A REQUEST
FOR A SPECIFIC USE PERMIT-ECONOMY #1, PAINT AND BODY SHOP FOR 4426 d, FM 2351.
MR. CEDRIC ALLGOOD, 5026 ABERCREEK, BUYER OF THE PROPERTY, APPEARED BEFORE COUNCIL
AND STATED THAT HE HAS BEEN IN BUSINESS IN WEBSTER FOR THIRTEEN YEARS AND WANTS TO
MOVE HIS BUSINESS FO FM 2351 AS FRIENDSWOOD IS NOW HIS HOME.
HEARING NO FURTHER COMI�NTS, THE JOINT DOCKETED PUBLIC HEARING WAS CLOSED.
MAYOR WHITAKER C,ALLED A PUBLIC HEARING TO ORDER TO RECEIVE COI�II�NTS, EITHER ORAI� OR
WRITTEN REGARDING THE PROPOSED MAXIMUM PERMITTED BASIC SERVICE RATES FOR TIME
WARNER-TEXAS CABLE PARTNERS, L.P. E'OR CABLE TELEVISION SERVICES; AND PROPOSED RATES
FOR INSTALLATION AND EQUIPMENT FOR TIME WARNER-TEXAS CABLE PARTNERS, L.P. FOR ('..ABLE
TELEVISION.
NO ONE SPOKE FOR OR AGAINST.
THE PUBLIC HEARING WAS CLOSED.
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COUNCII�MEMSER MANISON REPORTED ON ATTENDING THE TEXAS SOIL AIdD CONSERVATION STATE
MEETING IN LUBBOCK, ATTENDED THE HARRIS COUNTY MAYORS AND COUNCIL'S (HCM&C)
MEETING, ATTENDED THE CELEBRATION OF JAY AND LOUISE BURKE'S 50th ANNIVERSARY, HEARD
GEORGE ABBEY'S STATE OF NASA ADDRESS, ATTENDED THE PORT OF HOUSTON ADVISORY COUNCIL
MEETZNG, REMINDED EVERYONE TO VOTE TOMORROW ON THE EXPANSION OF THE PORT, ATTENDED
THE BAY AREA TRANSPORTATION PARTNERSHIP MEETING, AND ATTENDED THE RETIREMENT PARTY
GIVEN FOR POLICE OFFICER LEN WALDROUP WHO WAS WITH THE CITY OF FRIENDSWOOD EOR
EIGHTEEN YEARS.
COUNCZI�MEMBER ERICSSON REPORTED ON ATTENDING THE HCM&C MEETING, THE SOUTHWEST
AEROSPACE MEETING DURING WHICH GEORGE ABBEY SPOKE, REPORTED THAT THE FISD TENNIS
TEAM PARTICIPATED IN A TOURNAMENT AND DID QUITE WELL AND THAT THE CITY IS FORTUNATE
TO HAVE WALTER WILSON, WHO ATTENDED THE TOURNAMENT, AS SUPERINTENDENT OF FISD.
COUNCILMEMBER HAJECATE RECOGNIZED PROUD DADDY COUNCILMEMBER BRIZENDINE,,, WHOSE
DAUGHTER RACHEL WAS SELECTED AS THE FRIENDSWOOD HIGH SCHOOL HOMECOMING FOOTBALL
SWEETHEART. �
COUNCILMEMBER MEASELES REPORTED ON ATTENDING SOf�1E OF THE SAME MEETING, ATTENDED THE
HCM&C MEETING WITH THE PROGRAM ON THE SEAMENS CENTER, ATTENDED THE COMMUNITY
APPEARANCE BOARD (CAB) MEETING AND REPORTED THAT THE FALI� HAUL-A-DAY WAS VERY, VERY
SUCCESSFUL, REPORTED THAT CAB IS READY WITH AN "ADOPT A SPOT" PROGRAM, AND WOULD
LIKE TO WORKSHOP THIS PROJECT WITH COUNCIL, ATTENDED FRIENDSWOOD HIGH SCHOOL'S "THE
TWELFTH NIGHT" AND STATED THAT THE DRAMI� DEPARTMENT DID AN EXCELLENT JOB, AND
STATED THAT THERE WILL BE A CAB TREE GIVE-AWAY IN JANUARY.
COUNCIId�IEBER TAYLOR REPORTED ON ATTENDING THE HCMSC MEETING, AND THE CHAMBER'S
GOLF TOURNAMENT THAT WAS VERY SUCCESSFUI..
COUNCIZI�IEMBER BRIZENDINE REPORTED ON ATTENDING SOME OF THE SAME MEETINGS AND THE
GOLF TOURNAMENT AND REPORTED ON ANN WHITAKER'S ACCIDENT AND THAT THE THOUGHTS AND
PRAYERS OF COUNCIL ARE WITH HER.
MAYOR WHITAKER REPORTED ON ATTENDING SOME OF THE SAME MEETINGS, AND STATED THAT HIS
WIFE, ANN, BROKE HER WRIST AND SPk2AINED HER ANKLE BUT IS DOING WELL.
MR. FRANK WEBB, 207 STONEHENGE, APPEARED BEFORE COUNCIL WITH HIS CONCERNS ABOUT THE
NEW WATER HILL AND STATED THAT THE BILL AUTOMATIGALLY INCLUDED A $6.00 DONATION TO
EMS AND THA.T THIS NEW BILL TOOK AWAY THE "OPTION" DONATION. MAYOR WHITAKER ASKED
CITY MANAGER COX TO LOOK INTO THIS AND MR. COX RESPONDED HE WOUI�D I,OOK INTO THE NEW
COMPUTER PROGRAM FOR BILLING.
CITY NSANA6ER COX REPORTED ON ATTENDING THE PUBLIC INFORMATION COMMITTEE MEETING
DESIGNATED TO PROVIDE INFORMATION DURING AN EMERGENCY SITUATION, REPORTED ON THE
YEAR 2000 PREPARATIONS P.ND THAT THERE WILL BE A DESIGfIATED STAFF MEMBER ON DUTY AND
ON CALL FOR EACH DEPARTMENT DURING THE EVENING OF NEW YEAR'S EVE, AND REPORTED ON
THE CONSTRUCTION OF THE BULKHEAD AT POLLY RANCH PARK TO PROTECT THE SEWER LINE
BRIDGE ACROSS CLEAR CREEK AND THAT HE HAS DECLARED THIS IS AN EMERGENCY SZTUATION.
MR. COX ALSO STATED THAT IN ADDITION TO COUNCI7�'�FR BRIZENDINE, HE WOULD LIKE TO
CONGRATULATE MF2. CHARLES ANDERS, PROUD FATHER OF HIS DAUGHTER WHO WAS SELECTED
FRIENDSWOOD HIGH SCHOOL HOMECOMING QUEEN, AND STATED THAT NOVEMBER 1 MARKS HIS
NINTH ANNIVERSARY WITH THE CITY AND MADE REMARKS REGARDING THE PAST NINE YEARS.
COUNCII�MEMBER BRIZENDINE ASKED ABOUT THE COI�ISTRUCTIOBT OF THE BULKHEAD AND WHOSE
RESPONSIBILITY IS IT TO INSPECT ON A REGUZ,AR SASIS WITH CITY MANAGER COX RESPONDING
THE CITY'S. COUNCII.MEMBER BRIZENAINE SUGGESTED THAT HE RECOI�R�NDS INSPECTIONS BE
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MORE PROACTIVE THAN ACTI�IE AND THAT CHECKS SHOULD BE MADE MORE OFTEN.
COUNCII�MSER TAYLOR ASKED IF IT WAS ACTUALLY CHEAPER TO DECLAF2E EMERGENCY, WITH
THE CZTY MANAGER RESPONDING, AS HE UNDERSTANDS, IT IS CHEAPER AND A MUCH FASTER
PROCESS.
COUNCILMEMSER MEASELES ASKED WHAT PROCEDURE WAS FOLLOWED TO DECLARE THIS SITUATION
AS AN EMERGENCY, WITH CITY MAIdAGER STATED THERE IS A MEMO TO FILE WITH SUPPORTING
DATA.
DISCUSSION WAS HELD REGARDING A POTENTIALLY SUBSTANDARD BUILDING LOCATED AT 807
PENN DRIVE. CITY MANAGER COX PRESENTED AN UPDATE AND STATED THE MORTGAGE COMPANY
IS DOING WHAT THEY SAID THEY WOiJLD DO, ARE GOING THROUGH FORECLOSURE PROCEEDINGS,
THE PROPERTY IS BEING KEPT UP, IT IS SECURED, AND IS NOT A SAFETY HAZARD ACCORDING
TO THE SUBSTANDARD BUILDING ORDINANCE.
**COUNCII�MBER BRIZENDINE MOVED TO TABLE ACTION FOR 60 DAYS REGARDING A
POTENTIALLY SUBSTANDARD BUILDING LOCATED AT 807 PENN DRIVE. •
SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION WAS APPROVED UNANIMOUSLY.
**COUNCIIZ2EMBER MANISON MOVED TO APPROVE RESOLUTION R99-32- A RESOLUTION OF THE
CITY OF FRIENDSWOOD, TEXAS GALVESTON/HARRIS COUNTZES, CASTING 91 VOTES FOR
FRIENDSWOOD COUNCILMEMBER TAYLOR TO THE GALVESTON CENTRAL APPRAISAL DISTRICT BOARD
OF DIRECTORS FOR 2000/2001.
SECONDED BY COUNCILMEMBER MEASELES. THE MOTION WAS APPROVED UNANIMOUSLY.
**COUNCILMEMBER HAJECATE MOVED TO APPROVE RESOLUTION R99-33 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE
AND THE CITY SECRETARY TO ATTEST A SETTLEMENT AGREEMENT BY AND BETWEEN SAID CITY
AND TIME-WARNER COMMUNICATIONS, AT&T CABLE SERVICES, FORMERLY TCI-TKR OF HOUSTON,
INC. , AND TEXAS CABLE PARTNERS, L.P. , TO RESOLVE ALL RATE PROCEEDINGS CURRENTLY
PENDING BEFORE THE FCC RELATING TO PREVIOUSLY ISSUED RATE ORDERS.
SECONDED BY COUNCILMEMBER BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY.
**COUNCII�MEMBER HAJECATE MOVED TO APPROVE RESOI�UTION R99-34 - A RESOLUTION OF THE
CITY OF FRIENDSWOOD, TEXAS IN ACCORDANCE WITH ORDINANCE 87-1, PROHIBZTING SMOKING
IN BUILDINGS OWNED AND LEASED BY THE CITY; RESCINDING RESOLUTION NO. 89-24, WHICH
DESIGNATED SMOKING AREAS WITHIN BUILDINGS; AND RESOLVING TO PROHIBIT SMOKING IN AT•T•
CITY BUILDINGS.
SECONDED BY COUNCII�MEMBER MANISON. THE MOTION WAS APPROVED UNANIMOUSLY.
**COUNCIIMEMBER BRIZENDINE M0�7ED TO APPROVE ORDINANCE NO. T99-35, SECOND AND FINAL
READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, �1MENDING CHAPTER 26 OF
THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, SAID CHAPTER 26 BEING THE
ENVIRONb1ENT ORDINANCES OF THE CITY OF FRIENDSWOOD, BY AMENDING ARTICI.E VII, OIL AND
GAS, BY AMENDING SECTION 26-186 BY ADDING AND ALTERING CERTAIN DEFINITIONS; BY
AMENDING CERTAIN TERMS THROUGHOUT THE ARTICLE TO CORRECTLY IDENTIFY ADMINISTRP.TIVE
PERSONNEL AND CORRECT TERMINOLOGY; TO AMEND SECTION 26-206 TO REQUIRE ADDITIONAL
INFORMATION FOR CONDUITS ON STREETS AND ALLEYS; TO .�MEND SECTION 26-207 TO INCREASE
THE AMOUNTS OF BOND AND INSURANCE REQUIRED; PROVIDING FOR RELATED SUBJECTS;
PROVIDING FOR A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 PER DAY OF VIOLATION; AND
PROVIDING FOR SE�IERABILITY.
SECONDED BY COiJNCII�MEMBER HAJECATE.
***COUNCII�MEMBER TAYLOR MOVED TO AMEND ORDINANCE NO. T99-35 TO REMOVE SETBACK
REQUIREMENTS FROM THIS ORDINANCE WITH THE SETBACK REQUIREMENTS BEING IN THE
SUBDIVISION ORDINANCE.
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SECONDED BY COUNCII,MEMBER MEASELES. THE MOTZON WAS APPROVED AS AMENDED.
****MAIN MOTION AS AMENDED WAS APPROVED UNANIMOUSLY.
**COUNCILMEMSER TAYLOR MOVED TO APPROVE ORDINANCE NO.T99-43, FIRST READING OF AN
ORDINANCE ESTABLISHING THE MFIXIMUM HOURLY SERVICE CHARGE TO BE USED TO DEVELOP THE
EQUIPMENT AND INSTALLATZON RATES OF TEXAS CABLE PARTNERS, L.P. ; ESTABLISHING THE
MAXIMUM PERMITTED RATES FOR EQUIPMENT AND INSTALLATION CHARGES; DISALLOWING THE
PROPOSED FIELD COLLECTION CHARGE; SETTING FORTH OTHER PROVISIONS RELATED TO THE
SUBJECT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $500 PER DAY FOR EACH
VIOLATION HEREOF; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR
IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY.
SECONDED BY COUNCILMEMBER ERICSSON. THE MOTION WAS APPROVED UNANIMOUSLY.
**COUNCILMEMBER MEASELES MOVED TO APPROVE ORDINANCE NO. T99-44, FIRST READING OF AN
ORDINANCE ESTABLISHING THE MAXIMUM PERMITTED PER SUBSCRIBER PER MONTH BASIC CABLE
SERVICE RATE ALLOWED TO BE CHARGED BY. TEXAS CABLE PARTNERS, L.P. , WITHIN THE CITY;
ALLOWING "MARK-UP" COSTS SUBJECT TO REFUND; SETTING FORTH OTHER PROVISIONS �RELATED
TO THE SUBJECT; PROVIDING A PENALTY OF $500 PER DAY PER VIOLATION HEREOF; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; AND
PROVIDING FOR SEVERABILITY.
SECONDED BY COUNCII�MEMBER BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY.
**COUNCILMEMBER HAJECATE MOVED TO APPROVE ORDINANCE NO. T99-45, 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 GRANTING A SPECIFIC
USE PERMIT FOR A YOGA STUDIO LOCATED AT 607 S. FRIENDSWOOD DRIVE, #6, 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 ERICSSON. THE MOTZON WAS APPROVED UNANIMOUSLY.
**COUNCII�MEMBER MF�NISON MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED. A.
DISPOSITION OF BID NO. 99-12: BLEACHERS WITH THE BID AWARDED TO BJ' s PARKS AND
RECREATION PRODUCTS IN THE AMOUNT OF $19,844. THE BLEACHERS WILL BE INSTALLED AT
RENWICK PARK. B. ACCEPT STREETS, DRAI2QAGE AND UTILITIES IN WINDSOR ESTATES II FOR
THE CONTRACTOR' S ONE-YEAR MAINTENANCE PERIOD. C. APPROVE CHANGE ORDER #1 TO THE
1999 STREET PROJECT CONTRACT WITH DAVID WIGHT CONSTRUCTION FOR ADDITIONAL WORK ON
LINSON LANE FOR A TOTAL OF $51,605.30. D. MINUTES OF OCTOBER 11 AND 18, 1999.
SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION WAS APPROVED UNANIMOUSLY.
MOTION WAS MADE AND APPROVED TO ADJOURN AT 8:05 PM.
MAYOR HAROLD L. WHITAKER
ATTEST:
DELORIS MCKENZIE, TRMC
CITY SECRETARY