HomeMy WebLinkAboutCC Minutes 2000-09-25 Regular 1667
STATE OF TEXAS )(
CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
SEPTEMBER 25, 2000 )(
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL TO BE HELD ON MONDAY,
SEPTEMBER 25, 2000 AT 7:00 P.M. AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S.
MAYOR HAROLD L. WHITAKER
MAYOR PRO TEM KIM BRIZENDINE
COUNCILMEMBER KITTEN HAJECATE
COUNCILMEMBER JERRY ERICSSON
COUNCILMEMBER LARRY TAYLOR
COUNCILMEMBER MEL MEASELES
CITY ATTORNEY KIM MICKELSON
CITY MANAGER RON COX
CITY SECRETARY DELORIS MCKENZIE
MAYOR WHITAKER CALLED THE MEETING TO ORDER.
THE INVOCATION WAS GIVEN BY REVEREND PATTERSON FROM THE FIRST BAPTIST CHURCH.
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 COMMlSSION TOM BURKE CALLED A
JOINT DOCKETED PUBLIC HEARING TO ORDER TO RECEIVE COMMENTS FROM THE PUBLIC, EITHER
ORAL OR WRITTEN, REGARDING A REQUEST FOR A SPECIFIC USE PERMIT (SUP)-PRIVATE SCHOOL
FOR A NINE ACRE TRACT OF LAND OUT OF RESTRICTED RESERVE "A",AUTUMN CREEK SUBDIVISION,
SECTION 9, LOCATED AT WEST BAY AREA BOULEVARD, HARRIS COUNTY, TEXAS.
MS. BONNIE CERACE, 1616 THIRD STREET, LEAGUE CITY, PRINCIPAL AT THE GALLOWAY SCHOOL,
APPEARED BEFORE COUNCIL AND STATED THAT THE SCNOOL BEGAN IN LEAGUE CITY AND WAS
NAMES AFTER MR. JAMES H. GALLOWAY WITH 125 STUDENTS. TODAY THE GALLOWAY SCHOOL HAS
RECORD GROWTH IN THE CLEAR LAKE AND FRIENDSWOOD AREA, WITH MOST OF THE STUDENTS
LIVING IN THE BAY AREA, THIS IS A QUALITY SCH00�, PLANS ARE TO BUILD ALL THE FACILITIES AT
ONCE INCLUDING A MULTI-PURPOSE ROOM, CHAPEL AND AUDITORIUM AND NO DETENTION IS
REQUIRED, THE CAPACITY WIL� BE 300 STUDENTS, AND THE ARCHITECTURE WIL� FIT IN WITH THE
NEIGHBORHOOD.
MR. SEL THINT, REPRESENTING THE SCHOOL, DISCUSSED THE DRAINAGE AND ARCHITECTURAL
DESIGN OF THE PROPOSED SITE.
MR. JOHN HAMMOND, REPRESENTING FRIENDSWOOD DEVELOPMENT, APPEARED BEFORE COUNCIL
AND STATED THEY ARE IN FAVOR OF A PRIVATE SCHOOL, THE ORIGINAL DEVELOPMENT PLANS WERE
CHANGED FROM MULTI�FAMILY RESIDENTIAL TO A PRIVATE SCHOOL AND THIS WOULD BENEFIT ALL
OF FRIENOSWOOD AND THEY ARE EXCITED ABOUT THIS PROJECT.
MS. CATHY HALEY, 2826 LOVE COURT, APPEARED BEFORE COUNCIL IN FAVOR OF THE SCHOOL AND
STATED THAT SHE HAS A DAUGHTER THAT ATTENDS THE PRESENT SCHOOL AND IS VERY PLEASED
WITH THE SCHOOL AND SUPPORTS THE REQUEST.
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MS. DAWN EASTERLY, A 10-YEAR FRIENDSWOOD RESiDENT, APPEARED BEFORE COUNCIL IN FAVOR
OF THE SCHOOL AND STATED THAT THIS IS A WONDERFUL SCHOOL, HAS TWO CHILDREN WHO
ATTEND AND IS VERY PLEASED WITH THE SCHOOL AND VOICED SUPPORT FOR THIS REQUEST.
NO ONE OPPOSED THE REQUEST.
HEARING NO FURTHER COMMENTS, THIS PORTION OF THE JOINT DOCKETED PUBLIC HEARING WAS
CLOSED.
MAYOR WHITAKER AND CHAIR OF THE PLANNING AND ZONING COMMISSION TOM BURI(�CALLED A .
JOINT DOCKETED PUBLIC HEARING TO ORDER TO RECEIVE COMMENTS FROM THE PUBLIC
REGARDING A REQUEST FOR A ZONE RECLASSIFICATION FOR PROPERTY LOCATED AT 2304 OLD
ROAD, LOT 52, SIONE SUBDIVISION, GALVESTON COUNTY, TEXAS FROM AGRICULTURE DISTRICT(A-
1) TO SINGLE FAMILY RESIDENTIAL (SFR).
MR. AND MRS. DON SEYFERT, 503 EL DORADO, #7, APPEARED BEFORE COUNCIL AND EXPLAINED
THERE WILL BE THREE BUILDINGS, A HOME, SERVICE QUARTERS, AND A GARAGE. THERE IS AN
EXIST{NG WELL SUT A NEW WELL WILL BE DRILtEQ. 7HE SEYFERT'S ARE AWARE THAT THEY ARE
WITHIN 400 FEET TO A FIRE HYDRANT FOR THE FIRE DEPARTMENT AND EMS. THE APPLICANTS
UNDERS7AND THREE OTHER HOUSES EXIST IN THIS AREA AND THIS IS CONSIDERED A RED FLAG
SUBDiViS10N, THEY ARE NOT ELIGIBLE FOR ROAD MAINTENANCE, THE ROAD THAT IS GOING iN WILL
BE HARD SURFACED TO THE HOUSE, AND THEY MAY NEED TO WIDEN THE DRIVEWAY TO
ACCOMMODATE A FIRE TRUCK.
MR. FRED KRCH, 209 DAWN, APPEARED BEFORE COUNCII. AND STATED MR. SEYFERT DESCRIBED
THE SYSTEM APPROVED BY TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, AND IT IS A
HIGHLY APPROVED SYSTEM AND VERY EFFECTIVE.
MS. EVELYN NEWMAN, 502 FALLING LEAF, APPEARED BEFORE COUNCIL AND ASKED IF THERE WILL
BE A PROBLEM WITH GETTING A BUILDING PERMIT FOR THIS PROPERTY THAT iS IN A READ FLAG
SUBDIVISION.
MS. SEYFERT STATED THAT THEY WERE AWARE OF THE ACCESS PROBLEMS AND WERE AWARE THIS
iS A ftED FLAG SUSDIVISION, AND THE PURCHASE WAS MADE BASED ON MEETING WITH STAFF AND
IS CONTINGENT UPON GETTING APPROVAL FOR THE BUILDING PERMIT.
NO ONE SPOKE IN OPPOSITION.
HEARING NO FURTHER COMMENTS, THE JOINT PUBLIC HEARING WAS CLOSED.
MAYOR WHITAKER ADMINISTERED THE OATH OFFICE TO MUNICIPAL COURT JUDGE JIM WOLTZ,
ASSOCIATE JUDGE RICHARD FLAKE, AND PROSECUTOR STEVEN BAKER.
COUNCILMEMBER MEASELES HAD NOTHING TO REPORT.
COUNCILMEMBER TAYLOR HAD NOTHING TO REPORT.
COUNCILMEMBER KIM BRIZENDINE HAD NOTHING TO REPORT.
COUNCILMEMBER ERICSSON REPORTED ON ATTENDING THE GALVESTON COUNTY MAYORS AND
COUNCILS ASSOCIATION MEETING HELD IN TIKI ISLAND WHERE GALVESTON COUNTY JUDGE JIM
YARBROUGH SPOKE ON THE UPCOMING BOND ELECTION,WHICH INCLUDES SUNSET AND WOULD BE
!N FRIENDSWOOD FAVOR TO SUPPORT THE BOND EI.ECTION,ATTENDED THE HOUSTON/GALVESTON
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AREA COUNCIL MEETING DURfNG WHICH AIR QUALI7Y AND WATER fSSUES WERE DISCUSSED,
ATTENDED THE HARRIS COUNTY MAYOR AND COUNCILS ASSOCIATION MEETING DURING WHICH SAN
JACINTO PARK ANO PLANS FOR THAT AREA WERE DISCUSSED, AND ATTENDED THE TOUR OF
FRIENDSWOOD'S BROWN MUSEUM, FULL OF FRIENDSWOOD TRADITIONS AND HISTORY OF THE
FOUNDING FATHERS AND URGED EVERYONE TO TAKE ADVANTAGE AND TOUR THE MUSEUM.
GALVESTON COUNTY COMMISSION KEN CLARK APPEARED BEFORE COUNCIL AND MADE A
PRESENTATION REGARDING NOVEMBER 7, 2000 COUNTY BOND ELECTION AND EXPLAINED THAT
THERE ARE THREE PROPOSALS; ROAD BONDS; FACILITIES, AND THE GRAND PARKWAY. IN
FRIENDSWOOD, FUNDING WILL BE INCLUDED FOR SUNSET WITH 3 LANES, CURBS ANp GUTTERS.
THE BOND ISSUE WILL ALSO PROVIDE FOR A NEW JAIL, AND NEW EMERGENCY MANAGEMENT
BUILDING LOCATED AT 646.
MR. MIKE STUMP, WASTE MANAGEMENT, PRESENTED A PLAQUE T�THE CITY OF FRIENDSWOOD FOR
"ENVIRONMENTAL AWARENESS AWARDED FOR OUTSTANDING DEDICATION TO PROTECTING THE
ENVIRONMENT" AND STATED THE GREEN WASTE RECYCLING IN FRIENDSWOOD AVERAGES ABOUT
TEN LBS. PER HOME. FRIENDSWOOD IS THE FIRST CITY IN THEIR SERVICE TERRITORY TO FULLY
IMPLEMENT A GREEN WASTE RECYCLING PROGRAM. MAYOR WHITAKER ACCEPTED THE PLAQUE ON
BEHALF OF THE CITY AND THANKED WASTE MANAGEMENT �OR THIS HONOft.
MR. FRED KRCH, 209 DAWN, APPEARED BEFORE COUNCIL REGARDING THE POLICE DEPARTMENT
AND THE $5,000,00� PROPOSED FACILITY BUILDING, PRESENTED A HANDOUT ENTITLED "WHAT'S
THE PURPOSE OF LAW ENFORCEMENT" AND ASKED DOES THE POLICEMAN REALLY PREVENT
CRIMINAL ACTIVITIES, AND DISCUSSED WHAT THE FRIENDSWOOD POLICE DEPARTMENT SHOULD
REALLY BE AND HOW IT SHOULD BE STAFFED, RE-DEFINING THE DEPARTMENT WITH RESPECT TO
THE TEXAS TORT CLAIMS ACT AND PROVIDE A HAND OUT WITH OTHER INFORMATION RELATIVE TO
LAW ENFORCEMENT.
CITY MANAGER COX REPORTED ON THE MAINSTREET TASK FORCE TOUR OF THE CITY OF CONROE TO
V1EW THAT CITY'S EFFORTS TO REDEVE�OP AND REVITA�iZE TNE1R DOWNTOWN. THE TASK FORCE
HAS A�SO DECIDED TO CONDUCT A SURVEY OF THE MERCHANTS, PROPERTY OWNERS, AND
RESIDENTS IN THE MAINSTREET AREA OF FRIENDSWOOD TO GET A BETTER UNDERSTANDING OF
WHAT THE ISSUES ARE FROM THEIR PERSPECTIVE. MR. COX ALSO REPORTED THE MANDATORY
RATIONING RULES ARE STILL IN EFFECT BUT MAY BE LIFTED IN THE NEAR FUTURE. CITY MANAGER
COX ALSO REPORTED THAT TODAY REPRESENTATIVES FROM SENATOR PHIL GRAMM'S AND SENATOR
KAY BAILEY HUTCHISON'S OFFICE, AMY HENDERSON, PROJECT DIRECTOR, AND JASON FULLER,
HOUSTON DEPUTY REGIONAL DIRECYOR MET WITH MAYOR WHITAKER, THE CITY MANAGER, AND
STAFF TO REPORT WHAT IS GOING ON IN WASHINGTON, AND DISCUSSED CONCERNS ABOUT THE
CLEAR CREEK PROJECT, THE INTERNET SALES TAX, TELECOMMUNICATIONS ISSUES AND GRANTS.
COUNCILMEMBER KITTEN BRfZENDINE SUGGESTED TNAT THE MAINSTREET TASK FORCE CHECK
WITH THE TEXAS MUNICIPAL LEAGUE ON SURVEYS, AND THE NATIONAL LEAGUE OF CITIES
REGARDING QOWNTOWN REVITALIZATION AND SUGGESTED THERE MAY BE GRANT MONEY
AVAILABLE.
COUNCILMEMBER TAYLOR ASKED ABOUT THE SIGNS THAT ARE UP REGARDING WATER RATIONING
WITH CITY MANAGER COX RESPONDING THAT THERE ARE ABOUT 15 SIGNS UP AND CAN BE TAKEN
UP OR DOWN AS NEEDED.
COUNCILMEMBER MEASELES ASKED IF AFFORDABLE HOUSING WAS DISCUSSED W17H THE
REPRESENTATIVES, WITN THE CITY MANAGER STATING THAT THIS WAS NOT DISCUSSED.
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ORDINANCES
**COUNCILMEMBER MEASELES MOVED TO APPROVE ORDINANCE NO.T2000-32, SECOND AND FINAL
READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS,AMENDING CHAPTER 26 OF THE
CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, SAID CHAPTER 26 BEING THE
ENVIRONMENT ORDINANCES OF THE CITY OF FRIENDSWOOD, BY AMENDING ARTICLE VII, OIL AND
GAS, BY AMENDING SECTION 26-221 BY ADDING A NEW SUSSECTION (1) PROH161TING THE
PLACEMENT OF WELLS ON ANY PROPERTY UTILIZED FOR RECREATIONAL PURPOSES OR FACILITIES;
PROVIDING FOR A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 PER DAY OF VIO�ATION; AND
PROVID4NG FOR SEVERABILITY.
SECONDED BY COUNCILMEMBER KIM BRIZENDINE. THE MOTION WAS APPROVED 6-0.
�`*COUNCILMEMBER TAYLOR MOVED TO APPROVE ORD{(VANCE N0.T2000-33, �IRST 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
19t'' DAY OF NOVEMBER 1984, AND SElNG THE ZONING ORDINANCE OF THE CITY, BY ADDlNG A NEW
SUBSECTION M., OF SECTION 8, COMMERCIAL ACTIVITIES AND OUTDOOR SALES; 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.
'�**COUNCILMEMBER TAYLOR MOVED TO AMEND ORDINANCE N0.T2Q00-33 TO STATE "NOT LONGER
THAN 4 DAYS".
SECONDED BY COUNCILMEMBER KITTEN BRIZENDINE. THE MOTION WAS APPROVED 6-0.
'�*THE MAIN MOTION WAS APPROVED 6-0.
%�`COUNCILMEMBER KIM BRIZENDINE MOVED TO APPROVE ORDINANCE N0. T2000-36, SECOND AND
FINAL READING OF AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE N0. 85-
19, AS AMENDED, ORfGf NALLY ADOPTED THE 25"' DAY OF SEPTEMBER, 19$5. BEING APPENDIX B OF
7HE FRIENDSWOOD CITY CODE, AND BEING AN ORDINANCE PROVIDING RULES AND REGULATIONS
GOVERNING PLATS AND THE SUBDIVISION OF LAND WITHIN THE CITY, BY DELETING SUBSECTION i.,
VARIANCE PROCEDURE, OF SECTION {1, PROCEDURES FOR SUBMISSION OF PLATS, TO DELETE THE
GUIDELINES AND PROCEDURES ALLOWING THE PLANNING AND ZONING COMMISSION TO MODIFY
THE SUBDIVISION REGULATIONS; BY AMENOING SUBPARAGRAPH 5 OF SU,BSECTION k OF SECTION
I{I, GENERAL REQIffREMENTS AND MiNIMUM DESIGN CftiTERIA TO ALLOW PRIVATE STREETS TO BE
REQUESTED ONLY IN GARDEN HOME DISTRICTS (MFR-GHD) AND PLANNED UNIT DEVELOPMENT
DISTRICTS (MFR-PUD)AND REQUIRING REVIEW BY CITY COUNCIL, FOR SUCH STREETS; PROVIDING
FOR A PENALTY, AND PftOVIDING FOR SEVERABILITY.
SECONDED BY COUNCILMEMBER KITTEN BRIZENDINE. THE MOTION WAS APPROVED 6-0.
*�`COUNCILMEMBER ERICSSON MOVED TO APPROVE ORDINANCE N0.T2000-37, SECOND AND FINAL
READING OF AN ORDINANCE AMENDING CHAPTER 66 OF THE CODE OF ORDINANCES OFTHE CITY OF
FRIENDSWOOD, TEXAS, BY AMENDING ARTIC�E IV, EXCAVATIONS, DIVISION 3, AS ADOPTED BY
ORDINANCE N0. 99-31, PASSED AND APPROVED ON OCT�BER 18, 1999, BY DELETING THE DIVISIDN
IN ITS ENTIRETY; AND AMENDING CHAPTER 66 OF THE CODE OF ORDINANCES OF THE CITY OF
FRIENDSWOOD, TEXAS, BY ADDING A NEW DIVISION 3 OF ARTICLE IV, MANAGEMENT OF RIGHTS-OF-
WAY, CONSISTING OF SECTIONS 66-126 THROUGH 66-150, PROVIDING RULES AND REGULATIONS
GOVERNING THE USE AND OCCUPANCY OF PUBLIC RIGHTS-OF-WAY WITHIN THE CITY; PROVIDING
STANDARDS FOR CONSTRUCTION AND MAINTENANCE OF FACILiTIES WiTHiN SAfD PUSLIC RIGHTS-
OF-WAY; PROVIDING FOR THE ISSUANCE OF PERMITS; PROVIDING FOR THE FILING AND
MAINTENANCE OF BONDS AND INSURANCE; PROVIDING A CRIMINAL PENALTY IN AN AMOUNT NOT
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TO EXCEED $1,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; PROVIDING OTHER
MATTERS RELATING TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OR ORDINANCES
INCONSISTENT OR IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY.
SECONDED BY COUNCILMEMBER KITTEN BRIZENDINE. THE MOTION WAS APPROVED 6-0.
**COUNCILMEMBER KITTEN BRIZENDINE MOVED TO APPROVE THE CONSENT AGENDA AS
PRESENTED. A. PAYMENT OF CAPITAL PROJECTS. l. GROUND STORAGE TANK REHABILITATION
WITH THE SIXTH PAYMENT IN THE AMOUNT OF $979.00 TO WAYNE SMITH AND ASSOCIATES FOR
PRELIMINARY ENGINEERING SERVICES. THE PRELIMINARY ENGINEERING PHASE IS 90 PERCENT
COMPLETE. 2. CENTENNIAL PARK MASTER PLAN WITH THE SIXTEENTH PAYMENT IN TME AMOUNT
OF$1,615.92 TO CARTER& BURGESS, INC. FOR CONSTRUCTION PHASE SERVICES DURING AUGUST.
THE CONSULTING CONTRACT IS 97 PERCENT COMPLETE. 3. CENTENNIAL PARK PHASE ONE WITH
THE SIXTH PAYMENT tN THE AMOUNT OF $262,765.88 TO KINSEL INDUSTRIES, INC. FOR
DEVELOPMENT AT CENTENNIAL PARK, BID N0. 99-13. THE PROJECT ►S 74 PERCENT COMPLETE
TOTAL PAYMENTS WERE $265,360.80. B. DISPOSITION OF BID N0. 2000-7 SALE OF SURPLUS CITY
COMPUTER EQUIPMENT - REJECTED. C. APPROVE ACCEPTANCE OF WINDSOR ESTATES, SECTION ill
FOR THE CONTRACTOR'S ONE-YEAR MAINTENANCE PERIOD FOR STREETS, DRAINAGEAND UTILITIES.
APPROVE BANNER PERMIT APPLICATION FOR FISD FOR THE WEEK OF OCTOBER 23-30, 2000. E.
PROPERTY TAX REPORT FOR THE MONTH OF AUGUST 2000. F. MINUTES OF AUGUST 28,
SEPTEMBER 11, AND SEPTEMBER 18, 2000.
SECONDED BY COUNCILMEMBER MEASELES. THE MOTION WAS APPROVED UNANIMOUSLY.
A MOTION WAS MADE AND APPROVED TO ADJOURN AT 8:32 PM.
MAYOR HAROLD L. WHITAKER
ATTEST:
C
� S .
DELOf�IS MCKENZIE, C
CITY SECRETARY