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HomeMy WebLinkAboutCC Minutes 2000-08-21 Regular � 1651 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( AUGUST 21, 2000 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, AUGUST 21, 2000 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 KIM BRIZENDINE COUNCILMEMBER KITTEN BRIZENDINE COUNCILMEMBER JERRY ERICSSON COUNCILMEMBER LARRY TAYLOR COUNCILMEMBER MEL MEASELES CITY ATTORNEY KIM MICKELSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE COUNCILMEMBER TOM MANISON WAS ABSENT FROM THE MEETING. MAYOR WHITAKER CALLED THE MEETING TO ORDER. THE INVOCATION WAS GIVEN BY PASTOR EDWIN BAMBERG FROM THE SPIRIT & TRUTH FAMILY WORSHIP CENTER. MAYOR WHITAKER LEQ THE PLEDGE OF ALLEGIANCE TO THE STATE QF TEXAS AND TO THE UNITED STATES. MAYOR WHITAKER AND CHAIR OF THE PLANNING AND ZONING COMMISSION MR. BILL FINGER CALLED A JOINT DOCKETED PUBLIC HEAFtING TO ORDER TO RECEIVE COMMENTS FROM THE PUBLIC, EITHER ORAL OR WRITTEN, REGARDING A REQUEST FOR A ZONE RECLASSIFICATION FOR 209 E. SHADOWBEND, LOT 11, BLOCK 2, FRIENDSWOOD SUBDIVISION, GALVESTON COUNTY, TEXAS FROM COMMUNITY SHOPPING CENTER (CSC) TO SINGLE FAMILY RESIDENTIAL (SFR). MR. WILLIAM TRUMP, BUYER OF THE PROPERTY,APPEARED BEFORE COUNCIL AND STATED THAT HE PLANS TO BUILD A SINGLE FAMILY DWELLING ON THE PROPERTY. MS. MARY DOWNEY, OWNER OF THE PROPERTY,APPEARED BEFORE COUNCiL AND STATED THAT TNE PROPERTY HAS BEEN VACANT FOR YEARS AND THAT IT IS BETTER TO SELL THE PROPERTY AND RE- ESTABLISH IT AS A SINGLE FAMILY RESIDENTIAL LOT AND THE RE-ZONING WILL FIT BETTER WITH THE COMMUNITY. MR. BILL FUSS, 16330 FOREST BEND, APPEARED BEFORE COUNCIL IN SUPPORT OF CHANGING THE ZONING OF THE PROPERTY FROM COMMERCIAL TO A SINGLE FAMILY DWELLING. NO ONE SPOKE IN OPPOSITION. HEARING NO FURTHER COMMENTS, THIS PORTION OF THE PUBLIC HEARING WAS CLOSED MAYOR WHITAKER AND CHAIR OF THE PLANNING AND ZONING COMMISSION CALLED A JOINT DOCKETED PUBLIC HEARING TO ORDER TO RECEIVE COMMENTS, EITHER ORAL OR WRITTEN, d/21 /00 1652 REGARDING AMENDMENTS TO APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAME BEING ZONING ORDINANCE 84-15, AS AMENDED, BY ADD4NG A NEW SUBSECTION M., FOR COMMERCIAL ACTIVITiES AND OUTDOOR SALES REGULATIONS. NO ONE SPOKE IN OPPOSITION. HEARING NO FURTHER COMMENTS, THE PUBI.IC HEARING WAS CLOSED. COUNCILMEMBER MEASELES REPORTED ON ATTENDING THE CLEAR LAKE COUNCIL OF CITIES MEETING WITH A SPEAKER FROM LEPC FOR THE CLEAR LAKE AREA REPORTING ON PLANNING FOR EMERGENCIES. FRIENDSWOOD IS ACTUAL�Y IN THE GALVESTON COUNTY LEPC WHICH IS ALSO � � PLANNING FOR EMERGENCIES,ATTENDED THE PLANNING AND ZONING COMMISSION MEETING,AND ATTENDED THE TEXAS MUNICIPAL LEAGUE MEETING WITH CITY MANAGER COX REGARDING LEGISLATION ON GOVERNANCES WITH PROPOSED RESOLUTIONS PRESENTED AND STATED �T WAS A ' GOOD CONFERENCE, ATTENDED THE TEXAS MUNICIPAL LEAGUE REGION 14 MEETING IN CONROE, AND REPORTED ON SOME LEGISLATION THAT WILL BE ADDED THIS YEAR, SOME ARE NOT FRIEND�Y TO CITIES AND WILL NEED TO BE FOLIOWED. COUNCILMEMBER TAYLOR HAD NOTNiNG TO REPORT. COUNCILMEMBER KIM BRIZENDIfVE REPORTED ON THE BUDGET WORKSHOP, REPORTED THAT PAST ASSISTANT PRINCIPAL AT FISD JIM MAY AND JANE MAY'S DAUGHTER HAS COME DOWN WITH A TERRIBLE DISEASE AND NEEDS A MIRACLE. COUNCILMEMBER ERICSSON HAD NOTHING TO REPORT. COUNCILMEMBER KITTEN BRIZENDINE REPORTED ON ATTENDING THE PRAYER BREAKFAST, AND REMINDED EVERYONE ABOUT THE UPCOMING TRADE SHOW HELD BY THE CHAMBER. MAYOR WHITAKER REPORTED ON THE MEETING WITH CITY MANAGER COX, COUNCILMEMBER KIM BRIZENDINE AND WITH FISD'S REPRESENTATIVES AND REPORTED THAT THE SCHOOL YEAR IS OFF TO A GOOD START WITH A LARGE HELP FROM THE POLICE DEPARTMENT, REPORTED THAT THE TRAFFIC CONTROL FOR WESTWOOD, WINDSONG, AND C�INE LOOKS GOOD AND IS PROUD OF THE EFFORTS OF THE POLICE DEPARTMENT, REPORTED THAT THE CITY OF HOUSTON HAD A MAIN BREAK THAT SUPPLIES WATER TO FRIENDSWOOD. THE WATER MAIN SUPPLYING FRIENDSWOOD WAS BEING REPAIftED ON SATURDAY. �HE REf'A{RS WERE MADE AND EVERYTHING WAS SACK ON L1NE, AND COMMENDED THE STAFF FOR THE EARLY NOTICE TO THE COMMUNITY REGARDING THIS SITUATION, AND ANNOUNCED THAT ON AUGUST 24T", THERE WILL BE A CEREMONY DEDICATING THE STREET IN CENTENNIAL PARK AS MANISON PARKWAY IN HONOR OF OUR COLLEAGUE. � MR. BILL FUSS, 16330 FOREST BEND, APPEARED BEFORE COUNCIL AND READ A LETTER FROM REVEREND DENNIS OWENS REGARDING KNOWING OFA WATER LEAKAND PRESENTED INFORMATION REGARDING THREE NEIGHBORS' SIDEWALKS ON FOREST BEND AVENUE,AND REPORTED ON BROKEN STORM SEWERS AT WEDGEWOOD E�EMENTARY SCHOOL. MAYOR WHITAKER STATED THAT HE WILL HAVE THE CITY MANAGER GET WITH PUB�IC WORKS AND GET BACK WITH MR. FUSS. CITY MANAGER COX REPORTED ON TNE BEAMER ROAD RECONSTRUCTION/EXPANSION. MR. COX REPORTED THAT HARRIS COUNTY HEID A PUBLIC MEETING ON AUGUST 15 TO DISCUSS THEIR PROPOSAL TO RECONSTRUCT, EXPAND AND EXTEND BEAMER ROAD FROM DIXIE FARM ROAD TO FM 528. MR. COX ALSO REPORTED THAT TEXAS DEPARTMENT OF TRANSPORTATION IS CURRENTLY MAKING REPAIRS TO FRIENDSWOOD DRiVE 1N FRONT OF THE FRIENDS CHURCH PROPERTY AND 8/21/00 1653 WORK IS EXPECTED TO BE COMPLETED THIS WEEK. MR. COX ALSO EXPRESSED HIS APPRECiATIONS TO 7HE CITIZENS ON CONSERVING WATER ON FRIDAY AND THAT THERE WERE 14 WATER MAIN BREAKS ON THAT DAY AND THAT 10.4 MGD WERE CONSUMED ON SUNDAY WHICH IS THE LARGEST AMOUNT CONSUMED ON A SUNDAY AND ENC�URAGED EVERYONE TO CONTINUE TO VOLUNTARILY CONSERVE WATER. COUNCI�MEMBER KITTEN BRIZENDINE ASKED ABOUT THE PLANS REGARDING SEWER AND WATERLINES ON BEAMER ROAD WITH CITY MANAGER COX RESPONDING HE HAS HAD CONVERSATIONS WITH HOUSTON AND HARRIS COUNTIES. COUNCILMEMBER ERICSSON ASKED ABOUT THE REPAIRS ON FM 518 AND ASKED IF THE OTHER SIDE WOULD ALSO BE REPAIRED, WITH CiTY MANAGER COX STATING THAT WORK HAS STARTED TODAY AND IS ALMOST COMPLETE. COUNCILMEMBER MEASELES ASKED ABOUT THE DOLLARS NEEDED REGARDING THE BEAMER PROJECT AND RIGHT-OF•WAY WITH CITY MANAGER COX RESPONDING THAT AS FAR AS HE KNOWS, IT WILL BE ENTIRELY FUNDED BY THE COUNTY. **COUNClLMEMBER KIM BRIZENDINE MOVED TO APPROVE TNE PROPOSED PROPERTY TAX RATE OF .6385 FOR 2000 FOR THE CITY OF FRIENDSWOOD: SECONDED BY COUNC�LMEMBER ERICSSON. THE MOTION WAS APPROVED 6-0. **COUNCILMEMBER TAYLOR MOVED TO APPROVE SCHEDULING A PUBLIC HEARING ON THE PROPOSED 2000 TAX RATE FOR SEPTEMBER 11, 2000. SECONDED BY COUNCILMEMBER MEASELES. THE MOTION WAS APPROVED 6-0. **COUNCILMEMBER KITTEN BRIZENDINE MOVED TO APPROVE THE AGREEMENT WITH DEMANDSTAR.COM NETWORK FOR INTERNET BASED ADVERTISEMENT OF CITY BIDS/RFP'S FOR PRODUCTS AND SERVICES. SECONDED BY COUNCILMEMBER ERICSSON. THE MOTION WAS APPROVED 6-0. **COUNCILMEMBER KITTEN BRIZENDINE MOVED TO APPROVE THE INTERLOCAL AGREEMENTS AND CONTRACTS FOR EMERGENCY MANAGEMENT PURPOSES FOR DESRIS MANAGEMENT WITH FRIENDSWOOD FIREWOOD COMPANY. SECONDED BY COUNCILMEMBER TAYLOR. THE MOTION WAS APPROVEQ 6-0. RESOLUTION **COUNCI LMEMBER MEASELES MOVED TO APPROVE RESOLUTION R2000-43,A RESOLUTION OF THE CiTY OF FRIENDSWOOD,TEXAS, RATIFYING THE SETTLEMENT AGREEMENT REACHED IN PUC DOCKET N0. 22636 REGARDING TEXAS-NEW MEXICO POWER COMPANY'S REQUEST TO INCREASE ITS FUEL FACTOR AND IMPOSE A SURCHARGE TO RECOVER UNDER-COLLECTEO FUEL COSTS. SECONDED BY COUNCILMEMBER KIM BRIZENDINE. THE MOTION WAS APPROVED 6-0. ORDINANCES **COUNCILMEMBER KITTEN BRIZENDINE MOVED TO APPROVE ORDINANCE T2000-21, 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 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 8/21/00 1654 NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBER ERICSSON. ***COUNCILMEMBER KITTEN HAJECATE MOVED TO APPROVE ORDINANCE T20a0-21, TO INCLUDE NEW MEASUREMENT PROCEDURES. SECONDED BY COUNCILMEMBER TAYLOR. THE MOTION WAS APPROVED 6-0. **THE MAIN MOTION AS AMENDED WAS APPROVED 6�0. �*COUNClLMEMBER ERICSSON MOVED T�APPROVE ORDINANCE N0.T2000-23, 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 19"' DAY OF NOV�MSER, 1984, AND BEING THE ZONING ORDINANCE OF THE CITY, BY AMENDING SUBPARAGRAPH 5 OF SUBSECTION H. OF SECTION 9, SITE PLAN PROCESS, TO REQUIRE FINAL SITE PLAN APPROVAL ON COMMERCIALLY ZONED PROPERTY ONLY FROM THE PLANNING AND ZONING COMMISSION; 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 BRIZENDINE MOVED TO APPROVE ORDINANCE N0.T2000-27, SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, 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 OR PERSONAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY IN THE EVENT OF AN EMERGENCY OR NATURAL DISASTER; PROVIDING A PENALTY OF AN AMOUNT OF NOT LESS THAN $2,000 FOR VIOLATION OF ANY PROVISION HEREOF; ANO PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBER KITTEN BRIZENDINE. THE MOTION PASSED 6-0. **COUNCILMEMBER TAYLOR MOVED TO APPROVE ORDINANCE N0. T2000-29, SECOND AND FINAL READING OF AN ORDINANCE 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 19"` DAY OF NOVEMBER, 1984, AND BEfNG 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 FAMIL.Y RESIDENTIAL(SFR)AND MULTI FAMILY RESIDENTIAL-HIGH (MFR-H) DISTRICTS TO A PLANNED UNIT DEVELOPMENT DISTRICT (PUD); SAID 50.04 ACRE TRACT BEING LOCATED ALONG WEST BAY AREA BOULEVARD AT PARK BEND DRIVE; PROVIDING FOR THE AMENDMENT 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 ERICSSON. THE MOTION PASSED 6•0. **COUNClLMEMBER MEASELES MOVED TO APPROVE ORDINANCE N0.T2000-30, SECOND AND FINAL READING OF AN ORDINANGE OF THE CITY OF FRIENDSWOOD,TEXAS, AMENDING ORDINANCE N0.84- 15, SAID ORDINANCE N0. 84-15 BEING THE ZONING ORDINANCE OF THE CITY, BY GRANTING A SPECIFIC USE PERMIT FOR A RESIDENTtAL GATED COMMUNITY LOCATED ON 32.69 ACRES ALONG WEST BAY AREA BOULEVARD AT PARK BEND DRIVE; PROVIDING A PENA�TY 4N AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMSEft KITTEN BR{ZENDiNE. THE MOT10N PASSED 6-0. �*COUNCILMEMBER KITTEN BRIZENDINE MOVED TO APPROVE ORDINANCE NO. T2000-31, FIRST 8/21/00 1655 READING OF AN ORDINANCE ESTABLISHING WATER SAFETY REGULATIONS FOR THE CITY OF FRIENDSWOOD, TEXAS; PROVIDING FOR DEFINITIONS; REQUIRING CERTAIN VESSEL EQUIPMENT; ESTABLISHING BOATING REGULATIONS, TO UPDATE IT IN ACCORDANCE WITH CHANGES EFFECTED BY THE TEXAS LEGISLATURE; PROVIDING FOR ENFORCEMENT; PROVID�NG FOR A PENALTY; REPEALING ORDINANCE N0. 90-21 AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBER KIM BRfZENDINE. THE M0T10N PASSED 6-0. COUNCILMEMBER KITTEN BRIZENDINE MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED. A. PAYMENT OF CAPITAL PROJECTS - 1. CITY HALL BALCONY RENOVA710N WITH THE SIXTN AND FINAL PAYMENT IN THE AMOUNT OF $8,872.77 TO ARTEAGA CONSTRUCTION CO., INC. FOR CONSTRUCTION SERVICES, BID 99•16. THE PROJECT IS 100 PERCENT COMPLETE. 2. CENTENNIAL PARK PHASE ONE CONSTRUCTION WITH THE FIFTH PAYMENT IN THE AMOUNT OF $107,678.44 TO KINSEL INDUSTRIES, INC. FOR DEVELOPMENTAT CENTENNIAL PARK, BID 99-13. THE PROJECT IS 53 PERCENT COMPLETE. FOURTH PAYMENT IN THE AMOUNT OF$1,383.00 TO STORK SOUTHWESTERN LABORATORIES, INC. FOR MATERIAL TESTING AT CENTENNIAL PARK. 3. CENTENNIAL PARK MASTER PLAN WITH THE FIFTEENTH PAYMENT IN THE AMOUNT OF $1,625.80 TO CARTER & BURGESS, INC. FOR CONSTRUCTION PHASE SERVICES DURING JULY. THE CONSULTING CONTRACT IS 96 PERCENT COMPLETE. TOTAL CONSENT AGENDA PAYMENTS WERE $119,560.01. B. APPROVE FINAL ACCEPTANCE OF CITY HALL BALCONY RENOVATION. C. APPROVE APPOINTMENTS/REAPPOINTMENT TO GROUP A COMMITTEES, BOARDS, AND COMMISSIONS. D. APPROVE AGREEMENT WITH THE TEXAS OEPARTMENT OF PUBLIC SAFETY TO PARTICIPATE IN THE COMMERCIAL VEHICLE SAFETY PROGRAM ALLOWING THE CITY TO ENFORCE FEDERAL REGULATIONS REGARDING COMMERCIAL VEHICLES. E. APPROVE BANNER PERMIT APP OF AUGUST 7 AND AUGUST 14, 2000. SECONDED BY COUNCILMEMSER KIM BRIZENDINE. THE MOTION PA5SED 6-0. A MOTION WAS APPROVED TO ADJOURN AT 8:05 P . � A � � MAYO HAROLD L. WHITAKER ATTEST: c f D LORIS MCKENZI , TRMC CITY SECRETARY