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Home My WebLink AboutCC Minutes 2000-11-20 Regular � . 1687 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( NOVEMBER 20, 2000 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, NOVEMBER 20, 2000 AT 5:00 P.M. AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSW000 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 TRACY GOZA COUNCiLMEMBER LARRY TAYLOR (ARR. 5:15) COUNCILMEMBER MEL MEASELES CITY ATTORNEY KIM MICKELSON CITY MANAGER RON COX CITY SECRETARY DEL.ORIS MCKENZIE MAYOR WHITAKER CALLED THE WORKSESSION TO ORDER. DISCUSSiON WAS HELD REGARDING THE GROUNDWATER REDUCTION PLAN (GRP) WITH MR. JIM KELLER, REPRESENTING KLOTZ AND ASSOCIATES. DISCUSSION CONTINUED REGARDING THE HARRIS/GALVESTON COASTAL SUBSIDENCE DISTRICT REQUIREMENT OF ALL CITIES IN REGION TWO OF THEIR DISTRICT TO LIMIT THE AMOUNT OF GROUND WATER TO 20 PERCENT OF THE TOTAL ANNUAL PRODUCTION BEGINNING JANUARY 1, 2001. THE CITY OF FRIENDSWOOD IS IN REGION TWO. IN ORDER TO ENSURE AGAINST A DISINCENTIVE FEE OR PENALTY FOR THE AMOUNT OVER 20 PERCENT, THE CITY HAS PURCHASED AN ADDITIONAL AMOUNT OF SURFACE WATER CAPACITY TO TAKE FROM THE SOUTHEAST WATER PURIFICATION PLANT, BUT THAT WATER IS NOT YET AVAILABLE AND IT IS NOT LIKELY THE CITY CAN IMMEDIATELY MEET THOSE REQUIREMENTS. TO PREVENT THE ; ASSESSMENT OF THE FEE, THE DISTRICT WILL ALLOW THE DEVELOPMENT OF A GRP. THE GRP MUST ' BE APPROVED BY THE TIME THE GROUNDWATER PERMIT IS RENEWED IN OCTOBER 2001. MR. KELLER PRESENTED SEVERAL ALTERNATIVES TO MEET THE REQUIREMENTS OF THE DISTRICT. TNESE ALTERNATIVES WERE REVIEWED BY COUNCIL. A QUESTION AND ANSWER SESSION FOLLOWED REGARDING GALLONS PER CAPITA PER DAY (GPCD), SUYING ADDITIONAL WATER CAPACITY LATER, A PLAN HOW TO MEET 80/20, HOW TO ADJUST RATES TO COVER COSTS, GOALS, LOCATION, AND PROPERTY OWNERS. ANOTHER WORKSESSION WILL BE SCHEDULED AFTER THE DRAFT OF THE GRP TO THE HARRIS/GALVESTON COASTAL SUBSIDENCE DISTRICT AND AFTER THE RATE STRUCTURE IS DEVELOPED. DISCUSSION WAS HELD REGARDING AN AMENDMENT TO THE SUBDIVISION ORDINANCE. CITY MANAGER COX PRESENTED AN OVERVIEW OF ORDINANCE T2000-36,AN ORDINANCE TO AMEND THE SUBDIVISION ORDINANCE BY AMENDING THE VARIANCE PROCEDURE GUIDELINES ALLOWING THE P&Z COMMISSION TO MODIFY THE SUBDIVISiON REGULATIONS BY ADDING REQUIREMENTS TO ALLOW PRIVATE STREETS TO BE REQUESTED ONLY IN GARDEN HOME DISTRICTS AND PLANNED UNIT DEVE�OPMENT DISTRICTS, AND REQUIRING CITY COUNCIL REVIEW FOR SUCH STREETS, AND A H)STORICAL OVERVIEW OF ORDINANCE 98�24, THE VARIANCE PROCEDURE, INCLUDING THE ISSUE, A RECOMMENDED SOLUTtON, A BACKGROUND ON PRIVATE STREETS, TNE= ISSUE, AND A _-___......_.... ...._.�,..�.,.-. _ _ _ 11 / 20/00 1688 RECOMMENDATION. DISCUSSION CONTINUED REGARDING WHAT OTHER CITIES ARE DOING ABOUT GATED COMMUNITIES, LIMITING SIZE, LOOKING AT ADDITIONAL LIMITED VARIANCES AND PUD'S. A BRIEF ftECESS WAS HELD AT THIS TIME. MAYOR WHITAKER CALLED THE REGULAR MEETING TO ORDER. THE INVOCATION WAS GIVEN BY PASTOR MIKE McALISTER 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 TOM BUR�E CALLED A JOINT DOCKETED PUBLIC HEARING OR ORDER TO RECEIVE COMMENTS FROM THE PUBLIC, EITHER ORAL OR WRITTEN, REGARDING AMENDING THE ZONING ORDINANCE BY AMENDING SIZE MATRIX REQUIREMENTS FOR BUSINESS PARK, LIGHT INDUSTRIAL, AND INDUSTRIAL ZONE DISTRICTS. NO ONE SPOKE. HEARING NO COMMENTS THE JOINT DOCKETED PUBLIC HEARING WAS CLOSED. COMMUNICATIONS FROM THE MAYOR AND COUNCILMEMBERS. COUNCILMEMBER KIM BRIZENDINE REPORTED ON ATTENDING THE LIBRARY BOARD MEETING, THE PARKS AND RECREATION BOARD MEETING, THE PARK PLACE ASSISTED LIVING CENTER HONORING VETERANS AND STATED HE WAS PRIVILEGED TO HEAR FROM SEVERAL VETERANS, FOUND IT VERY MOVING AND INTRIGUING. THE EVENT WAS FOCUSED ON SHARING WITH OTHER VETERANS. COUNCILMEMBER SRIZENflINE REPORTED THE FAC1LiTY IS LOOKING FOR VOLUNTEERS TO SHARE WITH THE RESIDENTS. COUNCILMEMBER TAYLOR WISNED EVERYONE A HAPPY THANKSGIVING AND SAFE TRAVEL, REPORTED ON ATTENDING THE TEXAS MUNICIPAL LEAGUE CONFERENCE WHERE NUMEROUS COUNCILMEMBERS ATTENDED, ATTENDED THE SMART GROWTH SEMINAR, WE�COMED THE OPPORTUNITY TO GET TO KNOW OTHER COUNCILMEMBERS, APPRECIATES THE CITY OF FRIENDSWOOD FOR G1ViNG H1M THE OPPORTUNITY TO ATTEND THiS CONFER�NCE, AND THANKED THE CITIZENS FOR THE OPPORTUNITY TO SERVE LAST YEAR COUNCILMEMBER MEASELES WISHED EVERYONE A HAPPY AND SAFE THANKSGIVING, REPORTED ON ATTENDING THE PARKS AND RECREATIONS BOARD MEETING WITH A DISCUSSI�N REGARDING THE OPEN SPACE AND HIKE & BIKE TRAILS, ATTENDED THE T.M.L. CONFERENCE AND STATED fT WAS A GREAT OPPORTUNITY TO GET TO KNOW OTHER COUNCILMEMBERS, STATED HE WAS PLEASED THAT NEWLY-E�ECTED COUNCILMEMBER GOZA WAS ABLE TO ATTEND, REPORTED TNAT NE WAS ABLE TO A�TENQ A NUMBER OF SESSIONS, HAD THE OPPORTUNITY TO HEAR LIEUTENANT GOVERNOR RICK PERRY SPEAK AT THE LUNCHEON, AND REPORTED THAT FRIENDSWOOD LADDER TRUCK WAS AT THE CONFERENCE AND CAUSED QUITE A STIR AND WAS VERY IMPRESSfVE. COUNCILMEMBER KITTEN BRIZENDINE REPORTED ON ATTENDING THE T.M.L. CONFERENCE AS WELL ANQ REPORTED ON ATTENDING A SESSION ON PAPERLESS AG�NDA THAT WAS VERY INFORMA7IVE AND WISHED EVERYONE A HAPPY THANKSGIVING. COUNCILMEMBER ERICSSON REPORTED ON ATTENDING THE GALVESTON COUNTY MAYORS AND COUNCI�MEMBERS ASSOCIATION MEETING, THE HOUSTONIGALVESTON AREA C�UNCIL HOME RULE CAUCUS WHERE COUNCILMEMBER ERICSSON WAS APPO�NTED AS REPRESENTATIVE, AND MAYOR . 1689 11 /20/00 WHITAKER AS ALTERNATE, AND MAYOR TOM REID AND COUNCILMEMBER ERICSSON WERE RE- ELECTED REPRESENTATIVES FOR CITIES WITH LESS THAN 25,000 AND ALTERNATE WITH CENSUS COMING OUT AS ANTICIPATED THAT PEARLAND AND FRIENDSWOOD WILL HAVE A PLACE ON THE 80ARD, REPORTED ON ATTENDING THE T.M.L. CONFERENCE ON WEDNESDAY, THURSDAY, AND FRIDAY, ATTENDED ONE C�ASS ON E-COMMERCE/SALES TAX DROPPING AND IMPACT, AND ATTENDED THE HOUSTON GALVESTON AREA COUNCIL REGARDING BUDGET REVIEW AND SPECIAL PROJECTS. COUNCILMEMBER GOZA REPORTED ON ATTENDING THE T.M.L. CONFERENCE AND WAS GLAD FOR , THE OPPORTUNITY TO GET TO KNOW THE COUNCIL AND APPRECIATED THE OPPORTUNITY ATTENDING THE CONFERENCE SEMINARS. ; . , MAYOR WHITAKER REPORTED ON THE T.M.L. CONFERENCE AND THE LEADERSHIP INSTITUTES OFFERED, , REPORTED COUNCI�MEMBER MEASELES HAS ATTENDED MANY OF THE MEETINGS AND CONFERENCES AND WAS PRESENTED WITH THE CERTIFICATE OF ACHIEVEMENT FOR EARNING MORE THAN 60 CREDITS IN ONE YEAR IN LEADERSHIP TRAINING. MAYOR WHITAKER COMMENDED COUNCILMEMBER MEASELES FOR THE AMOUNT OF TIME HE HAS GIVEN TO THE T.M.L. PROGRAM AND IN REPRESENTING THE CITY OF FRIENDSWOOD. MS. PAULINE MOORE AND MS. LUCY PANNELL, REPRESENTATIVES FROM TEXAS/NEW MEXICO POWER (TNP), APPEARED BEFORE COUNCIL AND PRESENTED A GRANT IN THE AMOUNT OF$5,000.00 TO MAYOR WHITAKER FOR THE MAINSTREET TASK FORCE SURVEY FOR ECONOMIC DEVELOPMENT PURPOSES. MR. CHRIS PEDEN, 103 EAGLE LAKES, APPEARED BEFORE COUNCIL AND THANKED TNP FOR THE TASK FORCE FUNDING TO SUPPORT THE MAINSTREET TASK FORCE SURVEY. MAYOR WHITAKER THANKED THE MAINSTREET TASK FORCE FOR THEIR EFFORT AND SUPPORT TO THIS PROCESS MR. ROBERT MOTT, REPRESENTING THE FIRM OF PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P. APPEARED BEFORE COUNCIL AND PRESENTED A REPORT REGARDING THE CITY'S DELINQUENT TAX COLLECTIONS. , FRIENDSWOOD CHIEF OF POLICE JARED STOUT APPEARED BEFORE COUNCIL AND REPORTED THAT NATIONWIDE THERE WILL BE STRICTER ENFORCEMENT DURING THE THANKSGIVING HOLIDAY REGARDING DRUNKEN DRIVING, THE USE OF SEAT BELTS, AND CHILDREN BEING PLACED IN PROPER RESTRAINTS. CITY MANAGER COX REPORTED ON ATTENDING THE PERFORMANCE MEASURES IN BUDGETING CONFERENCE ON NOVEMBER lOT", AND NEW COUNCILMEMBER ORIENTATION WHICH WILL BE HELD THURSDAY, DECEMBER 7T". MR. COX ALSO REPORTED DONATIONS FROM THREE LOCAL ORGANIZATIONS; THE FRIENDSWOOD GIRLS SOFTBALL FOR ORGANIZING AND COORDINATING A LIGHTING PROJECT AT FRIENDSWpOD SPORTSPARK; , FRIENDSWOOD �ITTLE LEAGUE INC. FOR ORGANIZING AND COORDINATING A LiGHTING PROJECT AT RENWICK PARK; AND BAY LIMITED FOR INSTALLING THE HEATER AT THE SESQUICENTENNIAL SWIMMING POOL. TOGETHER THESE THREE GROUPS DONATED OVER $57,000 WORTFi OF TIME, LABOR AND MATERIALS. MAYOR WHITAKER EXPRESSED H1S APPRECIATION TO THESE ORGANIZATIONS FOR THEIR EXEMPLARY DEDICATION TO THE COMMUNITY. COUNCILMEMBER ERICSSON EXPRESSED HIS OPINION REGARDING PERFORMANCE MEASURES WHICH REFLECTS JOB PERFORMANCE AND STATED BE CAREFUL. il /20/00 1690 x--X-COUNCILMEMBER MEASELES MOVED TO ACCEPT THE PROPOSAL OF HALL/BARNUM ARCHITECTS FOR ARCHITECTURA� SERVICES FOR A NEW PUBLIC WORKS BUI�DING. SECONDED BY COUNCILMEMBER KITTEN BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY. ORDINANCES xxCOUNCILMEMBER KITTEN BRIZENDINE MOVED TO APPROVE ORDINANCE N0. T2000-40, SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD AMENDING ORDINANCE N0. 84�15, PASSED AND APPROVED ON NOVEMBER 19, 1984, AND KNOWN AS THE ZONING ORDINANCE OF THE CITY, BY AMENDING THE ZONiNG OF A CERTAIN PARCEL 0� LAND LOCATED AT 2304 OLD ROAD, LOT 52, SLOAN SUBDIVISION FROM AGRICULTURAL (A-1) TO SINGLE FAMILY RESIDENTIAL (SFR); AND PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF. SECONDED BY COUNCILMEMBER KIM BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY. x�`COUNCILMEMBER ERICSSON MOVED TO APPROVE ORDINANCE N0. T2000-41, SECOND AND FINAL READING OF AN ORDfNANCE OF THE Cf7Y OF FRIENDSWOOD, TEXAS AMENDING APPENDIX C OF THE CODE OF ORDINANCES OF THE CITY, SAME BEING THE COMPREHENSIVE ZONING ORDINANCE OF SAID CITY, BY GRANTING A SPECIFIC USE PERMIT FOR CONSTRUCTION AND USE OF BUILDINGS AND FAGILITIES FOR PRIVATE SGHOOI. PURPOSES TO BE �OCATED �N WEST BAY AREA BOULEVARD ACROSS FROM PARK BEND DRIVE, IN AUTUMN CREEK SUBDIVISION, SECTION NINE; PROVIDING FOR REPEAL; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 �OR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBER KITTEN BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY. x*COUNCILMEMBER GOZA MOVED TO APPROVE ORDINANCE N0. T2000-42, FIRST READING OF AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE N0. 85-19, AS AMENDED, ORIGINALLY ADOPTED THE 25T" DAY OF SEPTEMBER, 1985, BEING APPENDIX B OF THE FRfENDSW00D CITY CODE, AND BEING AN ORDIfVANCE PROVIDING RULES AND REGULATfONS GOVERNING PLATS AND THE SUBDIVISION OF LAND WITHIN THE CITY, BY ADDING A NEW PROVISION TO SUBSECTION (a)OF SECTION III, GENERAL REQUIREMENTS AND MINIMUM DESIGN STANDARDS, PROVIDE THAT CERTAIN ORDINANCES FOR RLANNED UNIT DEVELOPMENT DISTRICTS WILL CONTROL OVER THE SUBDIViS10N ORQINANCE, PROVIDING FOR A PENALTY, AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBER MEASELES. THE MOTION WAS APPROVED UNANIMOUSLY. hxCOUNCiLMEMBER KIM BRIZENDINE MOVED TO APPROVE ORDINANCE N0. T2000-43, FIRST 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 BEING THE ZONING ORDINANCE OF THE CITY, BY CHANGING THE ZONING CI�ASSIFICATION OF A CERTAIN PARCEL OF LAND FROM SINGLE FAMILY RESIDENTIAL (SFR) TO PLANNED UNIT DEVELOPMENT (PUD); BEING LOCATED AT 555 E. PARKWOOD DR1VE, 1N THE CITY OF FRIENDSW00D; PROViDING FOR THE AMENDMENT OF THE OFFICIA� 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 TAYLOR. THE MOTION WAS APPROVED UNANIMOUSLY. x*COUNCILMEMBER TAYLOR MOVED TO APPROVE ORDINANCE N0. T2000-44, FIRST READiNG OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING ORDINANCE N0. 84-15, SAID ORDINANCE N0. 84-15 BE1NG THE ZONING ORDINANCE OF THE CITY, BY GRANTING A SPECIFIC USE PERMIT FOR A SINGLE FAMILY RESIDENTIAL GATED COMMUNITY, LOCATED AT 555 E. PARKWOOD 11 /2.0 /00 1691 DR1VE; 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 MEASELES. THE MOTION WAS APPROVED UNANIMOUSLY. x�`COUNCILMEMBER KITTEN BRIZENDINE MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED WITH THE EXCEPTION OF ITEM B-2 BID N0. 2000-12 AND G. APPROVE CONTRACT TO CONDUCT A COMMUNITY SURVEY TO HELP DEVELOP A VISION FOR THE CITY'S MAINSTREET. PAYMENT OF CAPITAL PROJECTS. 1. CENTENNIAL PARK MASTER PLAN WITH 7HE SEVENTEENTH PAYMENT IN THE AMOUNT OF $1,639.61 TO CARTER & BURGESS, INC. FOR CONSTRUCTION PHASE SERVICES DURING SEPTEMBER. THE CONSULTING CONTRACT IS 98 PERCE�JT COMPLETE. 2. CENTENNIAL PARK PHASE ONE WITH THE EIGHTH PAYMENT IN THE AMOUNT OF $33,261.47 TO KINSEL INDUSTRIES, INC. FOR DEVELOPMENT AT CENTENNIAL PARK, BID #99-13. THE PROJECT IS � 92 PERCENT COMPLETE. RETAINAGE IS 10 PERCENT. 3. COWARDS CREEK SANITARY SEWER ' REPLACEMENT WITH THE FIRST PAYMENT IN THE AMOUNT OF $584.00 TO TOLUNAY•WONG ENGINEERS, INC. FOR MATERIAL TESTING SERVICES. TOTAL PAYMENTS WERE $35,485.08. B. DISPOSITION OF BIDS - l. BID N0. 2000-11: MINI-EXCAVATOR TO LANSDOWNE-MOODY C0. IN THE AMOUNT OF $25,496. D. APPROVE APPOINTMENTS/REAPPOINTMENTS TO GROUP B BOARDS, COMMITTEES, AND COMMISSIONS AND TO FILL A VACANCY ON THE ZONING BOARD OF ADJUSTMENT. E. APPROVE AMENDMENTS TO THE CONTRACT WITH THE CITY OF HOUSTON FOR THE SOUTHEAST WATER PURIFICATION PLANT. F. PROPERTY TAX FOR THE MONTN OF OCTOBER 200. H. MINUTES OF NOVEMBER 6 AND 13, 2000. SECONDED BY COUNCILMEMBER MEASELES. THE MOTION WAS APPROVED UNANIMOUSLY. �`*COUNCILMEMBER ERICSSON MOVED TO APPROVE B - 2, BID N0. 2000-12: FOUR FULL-S�ZED REGULAR CAB 1/2 TON TRUCKS -TO CLEAR LAKE DODGE iN THE AMOUfVT OF $50,692. SECONDED BY COUNCILMEMBER KITTEN BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY. x"COUNCILMEMBER KIM BRIZENDINE MOVED TO APPROVE THE CONTRACT WITH DR. GUISETTE SALAZAR TO CONDUCT A COMMUNITY SURVEY TO HELP DEVELOP A VISION FOR THE CITY'S MAI NSTREET. SECONDED BY COUNCILMEMBER ERICSSON. xx*COVNCILMEMBER TAYLOR MOVED TO TABLE THE CONTRACT. SECONDED BY COUNCILMEMBER KITTEN BRIZENDINE. THE MOTION 3-4 FAILED WITH THE MAYOR AND COUNCILMEMBERS ERICSSON, KIM BRIZENDINE, AND MEASELES OPPOSED. ' xxTHE MAIN MOTION PASSED 5•2 WITH COUNGILMEMBERS GOZA AND TAYLOR OPPOSED. A MOTION WAS MADE AND APPROVED TO ADJOURN AT 8:55 PM. MAYOR HAROLD L. WHITAKER ATT , C DELORIS MCKENZ�E, TRM CITY SECRETARY