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HomeMy WebLinkAboutCC Minutes 2000-08-07 Regular � 8� � ��� 1644 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GA�VESTON/HARRIS )t AUGUST 7, 2000 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, AUGUST 7, 2000 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 KlM 6RlZENDINE COUNCILMEMBER KITTEN BRIZENDINE COUNCILMEMBER JERRY ERICSSON COUNCI�MEMSER LARRY TAYLOR COUNCILMEMBER MEL MEASELES CITY ATTORNEY KIM MICKELSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE MAYOR WHITAKER CALLED THE MEETING TO ORDER AND ANNOUNCED COUNCILMEMBER MANISON WAS ABSENT FROM THE MEETING BECAUSE HE HAS BEEN UNDERGOING CHEMO FOR LUNG AND PANCREATIC CANCER. THE INVOCATION WAS GIVEN BY PASTOR DEN�JIS OWENS FROM NEW LIFE ASSEMBLY OF GOD CHURCH. MAYOR WHITAKER LED THE PLEDGE OF ALLEGIANCE TO THE STATE OF TEXAS AND TO THE UNITED STATES. COUNCILMEMBER MEASELES REPORTED ON ATTENDING THE COMMUNITY APPEARANCE BOARD MEETING, THE TEXAS PUBLIC OFFICERS EMERGENCY MAfVAGEMENT MEETING HELD IN LEAGUE C{TY, AND RECOMMENDED TO COUNCIL THAT ALL COUNCILMEMBERS BE REQUIRED TO TAKE THE CLASS TO BE PROPERLY TRAINED, ESPECIALLY SO FOR ANYONE SERVING AS MAYOR PRO TEM AND REPORTED ON ATTENDING THE ASSOCIATION OF MAYORS AND COUNCILMEMBERS CONFERENCE HELD IN CORPUS CHRISTI WHICH IS A TRAINING FOR MAYORS AND COUNCILMEMBERS AND RECAPPED SOME OF THE SEMINARS ATTENQED AND STATED THERE VERY GOOD SESSIONS AND EXCELLENT TRAINtNG. COUNCILMEMBER TAYLOR WELCOMED THE MAYOR BACK FROM VACATION AND STATED THAT MAYOR PRO TEM KIM BRIZENDINE DID A GOOD JOB AT THE LAST COUNCIL MEETING EVEN THOUGH IT WAS A LENGTHY AGENDA. COUNClL.MEMBER KIM BRIZEND{NE REPORTED ON THE BRIO SITE AND AN UPDATE ON THE CLEAN UP, COMMENDED THE MAYOR, CITY MANAGER AND THE STAFF ON THE HURRICANE EDITION OF THE CITY NEWS�ETTER AND STATED IT WAS AN EXCELLENT BROCHURE, WELL DONE, AND EXACTLY WHAT CITIES SHOULD BE DOING AND RECOGNIZED INTERN DOUG BROWN ON HIS FINE WORK. COUNCILMEMBER ERICSSON HAD NOTHING TO REPORT. �....,.. .,..,._.. _.. _ _...____ __._..__.�.�. 8/ 7 /00 1645 COUNCILMEMBER KITTEN BRIZENDfNE STATED THAT EVERYONE SHOULD BE MORE REVERENT TOWARDS CITY MANAGER COX NOW THAT HE IS MUCH, MUCH OLDER. MAYOR WHITAKER REPORTED THAT HE ENJOYED THE TOUR OF ALASKA WITH HIS WIFE, AND IS HAPPY TO BE BACK, AND SECONDED THE COMMENTS ON DOUG BROWN'S EFFORTS IN PUT7ING TOGETHER THE HURRICANE BROCHURE AND WISHED HIM A GOOD YEAR AT U.T. CITY MANAGER COX STATED THAT DOUG WROTE ALL THE ARTICLES ON HIS OWN AND 7HE CITY WIL� a,.; ENTER THIS BROCHURE SOMEWHERE FOR COMPETITION. CITY MANAGER COX REPORTED ON THE RUSSIAN DELEGATION THAT VISITED FRIENDSWOOD THROUGH ROTARY INTERNATIONAL AND THE L18RARY OF CONGRESS' RUSSIAN LEADERSHfP PROGRAM-OPEN WORLD. MR. COX ALSO REPORTED BECAUSE THE DROUGHT IS STILL WITH US, CITIZENS ARE URGED TO CONTINUE THE VOLUNTARY WAT�R CONSERVATION PROGRAM. RESOLUTIONS: "*COUNCILMEMBER KITTEN BRIZENDINE MOVED TO APPROVE RESOLUTION 2000-40,A RESOLUTION OF THE CITY OF FRIENDSWOOD, TEXAS, ADOPTING AMENDMENTS TO THE CAPITAL IMPROVEMENTS PLAN AND THE LAND USE ASSUMPTIONS APPROVED, AND THE IMPACT FEES IMPOSED, BY RESOLUTION N0. ft90-22, PASSED AND APPROVED THE 4�'' DAY OF JUNE 1990, AS AMENDED BY RESOLUTION N0. R91-4, PASSED AND APPROVED THE 7�h DAY OF JANUARY, 1991; AS FURTHER AMENDED BY RESOLUTION N0. R93•24, PASSED AND APPROVED THE 17th DAY OF MAY;AS FURTHER AMENDED BY RESOLUTION N0. R97-48, PASSED AND APPROVED THE 15�''DAY OF DECEMBER, 1997. SECONDED BY COUNCILMEMBER MEASELES. THE MOTION PASSED 6-0. COUNCILMEMBER MEASELES LEFT THE MEETING AT THIS TIME. **�COUNCILMEMBER KIM BRIZENDINE MOVED TO APPROVE RESOLUTION 2000-41, A RESOLUTION OF THE CITY 0� FRIENOSWOOD, TEXAS, RATIFYING THE SETTLEMENT AGREEMENT REACHED IN PUC DOCKET N0. 22650 REGARDING RELIANT ENERGY HL&P'S REQUEST TO INCREASE ITS FUEL FACTOR AND IMPOSE A SURCHARGE TO RECOVER UNDER-COLLECTED FUEL COSTS. SECONDED BY COUNCILMEMBER ERICSSON. THE MOTION PASSED 5-0. COUNCILMEMBER MEASELES RETURNED TO THE MEETING AT THIS TIME. ORDINANCES: **-COUNCILMEMBER KITTEN BRIZENDINE MOVED TO APPROVE ORDINANCE T2000-16, AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT WITH METRICOM, INC. FOR PLACEMENT OF FACILITIES AT WATER WELL #5; AUTHOR{ZING THE C1TY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR OTHER RELATED MATTERS. SECONDED BY COUNCfLMEMBER ERICSSON. THE MOTION PASSED 6-0. **COUNCILMEMBER ERICSSON MOVED TO APPROVE ORDINANCE T2000-21, SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS,AMENDING APPENDIX C OF 7HE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD,TEXAS, ORDINANCE N0. 84-15, AS AMENDED, ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER, 1984, AND BEING THE ZONING ORDINANCE OF THE CITY, BY AMENDING SUBSECTION J.2., SUB-PARAGRAPH c, "LIGHTING AND GLARE" OF SECTION 8 BY REPLACING SUB-PARAGRAPH c IN ITS ENTIRETY; PROVIDING OTHER MATTERS RELATING TO THE SUBJECT; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,OQ0 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR 8/ 7 /00 1646 SEVERABILITY SECONDED BY COUNCILMEMBER KIM BRIZENDINE. *�`�*COUNCiLMEMBER TAYLOR MOVED TO TABLE THE ORDINANCE FOR ADDITIONAL CLARIFICATION. SECONDED BY COUNCfLMEMBER KITTEN BRIZENDINE. THE MOTION PASSED 5-1 WITH COUNCILMEMBER ERICSSON OPPOSED. �`* COUNCILMEMBER KIM BRIZENDINE MOVED TO APPROVE ORDINANCE T2000-22, SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE N0. 84-15, AS AMENDED, ORIGINALLY ADOPTED THE 19T" DAY OF NOVEMBER, 1984, AND BEING THE ZONING ORDINANCE OF THE CITY, BY AMENDING SECTION 7.P., THE PERMITTED USE TABLE TO DELETE THE REQUIREMENT FOR A SPECIFIC USE PERMIT FOR MULTI-FAMILY DWELLINGS AND TWO FAMILY DWELLINGS IN MFR-L, MFR-M, AND MFR-H DISTRICTS AND TO ALLOW SUCH DEVELOPMENTS AS A PERMITTED USE IN SUCH DISTRICTS; BY AMENDING SUBPARAGRAPH A. OF SUBSECTION 2 OF SECTION 9.H. SITE PLAN PROCESS TO REQUIRE SITE PLANS IN MFR-L, MFR-M, AND MFR-H DISTRiCTS; PROVIDING OTHER MATTERS RELATING TO THE SUBJECT; 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 COUNCILMEMBER KITTEN BRIZENDINE. THE MOTION PASSED 6-0. �*COUNCILMEMBER KIM BRiZENDJNE MOVED TO APPROVE ORDINANCE T2000-24, SECOND AND F1NAL READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE N0. 84-15, AS AMENDED, ORIGINALLY ADOPTED THE 19T" DAY OF NOVEMBER, 1984, AND BEING THE ZONING ORDINANCE OF THE CITY, BY AMENDING SECTION 7, SUBSECTION J., TO BOTH ADD AND DELETE LANGUAGE TO ALLOW FOR C�USTER HOME DEVE�OPMENT IN P�ANNED UNIT DEVELOPMENT DISTRICTS; AMENDING SECTION 8, SUBSECTION H, PLANNED UNIT DEVELOPMENT STANDARDS AND REQUIREMENTS, TO ADD LANGUAGE TO SUBPARAGRAPH I AND TO DELETE THE CURRENT SUBPARAGRAPH 2 AND REPLACE IT WITH A NEW SUBPARAGRAPH 2 CREATING STANDARDS FOR CLUSTER HOME DEVELOPMENT; PROVIDING OTHER MATTERS RELATING TO THE SUBJECT; 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 COUNCILMEMBER KITTEN BRIZENDINE. 7HE MOTION PASSED 6-0. *�`COUNCILMEMBER MEASELES MOVE� TO APPROVE ORDINANCE T2000-25, SECOND AND FINAL READING OF AN ORDINANCE AMENDING ORDINANCE NO. 99�37, WHICH AMENDED APPENDIX C OF THE FRIENDSWOOD CITY CODE, SA10 APPENDIX C BEING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE N0. 84-15, AS AMENDED, ORIGINA�LY ADOPTED THE 19T" DAY OF NOVEMBER 1984, AND BEING THE ZONING ORDINANCE OF THE CITY, AND WHICH CREATED THE DOWNTOWN OVERLAY DISTRICT BY DELETING THE SUNSET PROVISION OF SAID ORDINANCE NO. 99-37; AND AMENDING SAID APPENDIX C BY SECTION 7.5 BY DELETING THE HEIGHT REQUIREMENT CONTAINED IN PARAGRAPH 4 AND ADDING LANGUAGE REGARDING SETBACKS; BY DELETING PARAGRAPH 9.a., REQUIRING CERTAIN LANDSCAPING; BY AMENDING PARAGRAPH 9a. BY ADDING SUBPARAGRAPH 5, PROHIBITING GARAGE BAYS OPENING ONTO FRIENDSWOOD DRIVE; BY REPLACING THE CURRENT LANGUAGE IN PARAGRAPH 9.B.1. IN ITS ENTIRETY WITH NEW VISUAL SCREENING STANDARDS; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF V10�ATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBER KIM BRIZENDINE. THE MOTION PASSED 6-0. **COUNCILMEMBER KITTEN BRIZENDINE MOVED TO APPROVE ORDINANCE N0. T2000-26, SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING 8/ 7 /00 1647 APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWO�D, TEXAS, ORDINANCE N0. 84-15, AS AMENDED, ORIGINALLY ADOPTED THE 19T" DAY OF NOVEMBER, 1984, AND BEING THE ZONING ORDINANCE OF THE CITY, BY AMENDING SECTION 7, SUBSECTION Q., PARAGRAPH 3, BUILDING AND HEIGHT REGULATIONS TO REPLACE SUBPARAGRAPH B. OF PARAGRAPH 3 IN ITS ENTIRETY TO ALLOW BUILDINGS IN CERTAIN C�MMERCIAL DISTRICTS TO EXCEED THIRTY-FIVE FEET IN HEIGHT AND PROVIQING �IMITATIONS, AND TO ALLOW SINGLE FAMILY RESIDENTfAL STRUCTURES TO BE UP TO FORTY FEET IN HEIGHT; AMENDfNG SECTION 7, SUBSECTION 0, SUBPARAGRAPH 1, BUSINESS PARK DIS7RICT, TO DELETE THE HEIGHT LIMITATIONS; AMENDING SECTION 7, SUBSECTION R, PARAGRAPH 4, ENTRYWAY OVERLAY DISTRICTS TO DELETE THE HEIGHT LIMITATIONS; PROVIDING OTHER MATTERS RELATING TO THE SUBJECT; PROVIDING A " PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILI7Y. SECONDED BY COUNCILMEMBER ERICSSON. THE MOTION PASSED 6•0. **COUNCILMEMBER ERICSSON MOVED TO APPROVE ORDINANCE 72000-27, FIRST READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, 7EXAS, PROVIDING FOR THE FREEZING OF PRICES CHARGED BY VENDORS, MERCHANTS, AND OTHER PERSONS FOR GOODS OR SERVICES, AND FOR THE SALE OR RENTAL OF REAL pR PERSONAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY IN THE EVENT OF AN EMERGENCY OR NATURAL DISASTER; PROVfD{NG A PENALTY OF AN AMOUNT OF NOT LESS THAN $500 FOR A VIOLATION OF ANY PROVISION HEREOF; DECLARING AN EMERGENCY; PROVIDING FOR SEVERABILITY WITH AN AMENDMENT TO REMOVE DECLARING AN EMERGENCY AND TO CHANGE THE PENALTY AMOUNT TO $2,000. SECONDED BY COUNCILMEMBER KITTEN BRIZENDINE. THE MOTION PASSED 6�0. **COUNCILMEMSER K1M BRIZENDINE MOVED TO APPROVE ORDINANCE T2000-29, FIRST READING OF AN ORDINANCE AMENDING APPENDIX C OF THE �RIENDSWOOD CiTY CODE, SAID APPENDiX C BEING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE N0. 84-15, AS AMENDED, ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER 1984, AND BEING THE ZONING ORDINANCE OF THE CITY, BY CHANGING THE ZONING CLASSIFICATION OF A CERTAIN 50.04 ACRE TRACT OF LAND FROM A COMBINATION OF SINGLE FAMILY RESlDENTIA�(SFR)AND MULTI FAMI�Y RESIDENTlAL-HIGH(MFR-H) DISTRICTS TO A PLANNED UNIT DEVELOPMENT DISTRICT (PUD); SAID 50.04 ACRE TRAC7 BEING LOCATED ALONG WEST BAY AREA BOULEVARD AT PARK BEND DRIVE; PROVIDING FOR TNE AMENDMENT OF THE OFF}CIAL ZONING MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND PROVlDING A PENAL7Y OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF. SECONDED BY COUNCILMEMBER ERICSSON. THE MOTIQN PASSED 6-0. *�`C011NCILMEMBER TAYLOR MOVED TO APPROVE ORDINANCE 72000-30, FIRST READING OF AN ORDINANCE OF THE CiTY OF FRIENDSWOOD, TEXAS, AMENDING ORDINANCE N0. 84-15, SAID ORDINANCE N0. 8�-15 BEING THE ZONING ORDINANCE OF THE CITY, BY GRANTING A SPECIFIC USE PERMIT FOR A RESIDENTIAL GATED COMMUNITY LOCATED ON 32.69 ACRES ALONG WEST BAY AREA BOULEVARD AT PARK BEND DRIVE; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVIS40N HEREOF; AND PROVIDlNG FOR SEVERABILITY. SECONDED SY COUNCILMEMBER ERICSSON. THE MOTION PASSED 6-0. **COUNCILMEMBER KITTEN BRiZENDINE MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED. A. PAYMENT OF CAPITAL PROJECTS - 1. COWARDS CREEK SANITARY SEWER REPLAGEMENT WITH THE SEVENTH PAYMENT IN THE AMOUNT OF $13,720 TO CLAUNCH& MILLER, INC. FOR ENGINEERING SERVICES FOR THE DESIGN OF A 24" REPLACEMENT �INE ALONG COWARDS CREEK FROM FM 518 TO COWARDS CREEK DRIVE. THE PROJECT IS 89 PERCENT COMPLETE. B. DISPOSIYION OF BIDS AND AUTHORIZE CONTftACTS FOft SERVICES - 1. BID 2000�05: COWARDS CREEK SANiTARY SEWER SYSTEM iMPROVEMENTS TO RAMOS INDUSTRfES IN THE AMOUNT OF $1,169,605. 2. BID 2000•06: OPERATION OF CONCESSION STAND AT FRIENDSWOOD SPOR7S PARK. TO LION'S DEN CONCESSIONS. C. APPROVE FINAL ACCEPTANCE OF FRIENDS KNOLL SUBDIVISION ' 8/ 7/00 1648 FOR STREETS, QRAINAGE AND UTILITlES. D. APPROVE CONCESSION AGREEMENT FOR RENWICK PARK WITH THE FRIENDSWOOD CHIEFS FOOTBALL ASSOCIATION AND AUTHORIZE MAYOR TO SIGN THE AGREEMENT. E. APPROVE ACCEPTANCE OF DRAINAGE AND UTILITY IMPROVEMENTS FOR LESL4E'S LOTS SUBDIVISION FOR THE CONTRACTOR'S ONE-YEAR MAINTENANCE PERIOD. F. APPROVE BANNER PERMITS - 1. HOPE LUTHERAN CHURCH FOR THEIR ANNUAL HOPEFEST OCTOBER 6-8, 2000. 2. FRIENDSWOOD VOLUNTEER FIRE DEPAR7MENT FOR THEIR ANNUAL OPEN HOUSE FOR OCTOBER 9�16, 2000. G. MINUTES FOR JULY 24, 2000. SECONDED BY COUNCILMEMBER KIM BRIZENDINE. THE MOTION PASSED 6-0. A MOTION WAS MADE AND APPROVED TO ADJOURN AT 8:02 PM. AYOR HAROLQ L. WHITAKER ATTEST: � , DE ORIS MCKENZIE, RMC CITY SECRETARY