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Home My WebLink AboutCC Minutes 2000-12-18 Regular 1701 STATE OF TEXAS )( CITY OF FRIENDSWOOD )( COUNTIES OF GALVESTON/HARRIS )( DECEMBER 18, 2000 )( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, DECEMBER 18, 2600 AT 7:00 P.M. AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 � S. FRIENDSWOOD DRIVE, FRIENDSWOOD, 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 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 ASSOCIATE PASTOR CHARLIE QUIROZ OF CALVARY CHAPEL CHURCH. BOY SCOUT TROOP 442 LED THE PLEDGE OF AI.LEGIANCE TO THE STATE OF TEXAS AND TO THE UNITED STATES. MAYOR WHITAKER READ A PROCLAMATION FROM THE MAYOR AND COUNCILMEMBERS WISHING ALL THE CITIZENS OF FRIENDSWOOD A WONDERFUL, SAFE AND PROSPEROUS HOLIDAY SEASON. COMMUNICATIONS FROM MAYOR AND COUNCILMEMBERS , . COUNCILMEMBER MEASELES REPORTED ON ATTENDING THE HERITAGE MUSEUM ANNUAL TREE � LIGHTING, THE PLANNtNG AND ZONING MEETING, THE "OLD FASHIONED CHRISTMAS DINNER" HONORING THE CITY EMPLOYEES AND RETIREES, AND PRESENTING SERVICE AWARDS FOR t •- LONGEVITY, ATTENDED THE 15T"ANNUAL LIGHTED HOLIDAY PARADE, AND THE COMMUNITY PRAYER BREAKFAST. COUNCILMEMBER TAYLOR WISHED EVERYONE FROM HIM AND HIS FAMILY A HAPPY HOLIDAY AND NEW YEAR, AND REPORTED ON ATTENDING THE REGION H WATER GROUP 15•COUNTY PLANNING GROUP MEETING. COI�NCILMEMBER �IM BRIZENDINE REPORTED Of� ATTENDING MANY OF THE SAME MEETINGS THE OTHER ATTENDED, REPORTED ON ATTENDING WITH THE MAYOR AN UPDATE MEETING ON THE BRIO SITE, AND ATTENDED THE HARRIS COUNTY MAYORS AND COUNCILS MEETING WITH THE MAYOR AND COUNCILMEMBERS ERICSSON, KITTEN BRIZENDINE AND CITY SECRETARY DELORIS McKENZIE. COUNCILMEMBER GOZA REPORTED ON ATTENDING THE "NEWLY•ELECTED" ORIENTATION AND STATED THAT THE CITY MANAGER AND THE CITY SECRETARY DID A GOOD JOB PRESENTING INFORMATION. a _. _.._,...,,.._�_..w_.....,.�..�.�....---._.._..... . ,..., �_._.......__...._..__...__._.._ _ _.._ � 12/ 18/00 1702 COUNCILMEMBER ERICSSON REPORTED ON ATTENDING THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE MEETING, ATTENDED THE JOHNSON SPACE CEfJTER CHRISTMAS GATHERING, THE HARRiS COUNTY MAYORS AND COUNCiLS MEETING, AND THE NOUSTON- GALVESTON AREA COUNCIL REGULAR MEETING DUR(NG WHICH THE AIR QUALITY PROPOSAL WAS REVIEWED. COUNCILMEMBER KITTEN BRIZENDINE REPORTED ON ATTENDfNG MANY OF THE SAME MEETiNGS, AND ANNOUNCED THAT HER DAUGHTER HEATHER HAJEGATE GRADUATED FROM THE UNIVERSITY OF HOUSTON CLEAR LAKE AND MADE THE DEANS LIST AND S7ATED SHE IS VERY BLESSED. MAYOR WHiTAKER REPORTED ON ATTENDiNG WITN THE CITY MANAGER RON COX AND DIRECTOR OF ADMlNISTRATIVE SERVICES ROGER ROECKER A COUNTY WORKSHOP REGARDING ELECTRICAL DE- REGULATION. DR. NORBERT HERZOG, 2008 SHUL7E LANE, APPEARED BEFORE COUNCIL REPRESENTING PROPERTY OWNERS ON SHUI.TE LANE, LUNDY LANE AND EL DORADO AND EXPRESSED H1S CONCERNS REGARDING NOTIFYING HOMEOWNERS REGARDING THE PROPOSED REZONING ON FM 528, STATED HE WANTS TO MAINTAIN 7HE IMAGE, THE QUALITY, THE AESTHETICS AND THE AMENITIES OF THE WONDERFUL COUNTRY ATMOSPHERE, EXPRESSED CONCERNS REGARDING THE PERMITTED USES STATED IN THE PROPOSAL PRESENTED BY ECONOMIC DEVELOPMEfVT COOftDINATOR KAREN CAPPS, QUESTIONED HOW THE APPORTIONMENT OF BUSINESS PARK AND LIGHT INDUSTRY DEVELOPED, SUGGESTED THAT LIGHT INDUSTRIAL ZONING SHOULD BE TOWARDS H.L.&.P'S EASEMENT OUT TOWARDS THE GRAND PARKWAY, AND EXPRESSED CONCERNS REGARDING REZONING THAT COULD BE IN CONFLICT WITH THE MISSION AND GOALS OF THE COUNCiL. MR. TERRY VAUGHN, 2009 LUNDY LANE, APPEARED BEFORE COUNCIL, REGARDING CONCERNS WITH THE PROPOSED REZONING, STATED THAT HE CHOSE TO LIVE IN THIS RURAL AREA, DID NOT KNOW ANYTHiNG ABOUT A PUBLIC HEARING, STATED 7HE SIGNS REGARDING THE PROPOSED REZONINGS WERE ON THE ALVIN SIQE OF THE PROPERTY, AND REQUESTED ANOTHER PUBLlC HEARING. MS. KAREN STALEY, 30 EL DORADO, APPEARED BEFORE COUNCIL TO EXPRESS HER CONCERNS REGARDING THE PROPOSED REZONINGS AND STATEMENTS MADE TO ALLOW NON•CONFORMING PROPERTlES TO EXPAND, AND REQUESTED ANOTHER PUBLIC HEARING. MR. BRUCE CLINE APPEARED BEFORE COUNCIL AND STATED HE DID NOT RECEIVE A LETTER NOTIFYING HIM OF 7HE PROPOSED REZONINGS, AND EXPRESSED HIS CONCERNS REGARDING THE PROPOSED REZONINGS, BUILDING ON HIS PROPERTY, AND Al.SO REQUESTED ANOTHER PUBLIC HEARING. MR. STUART WILLIAMS, 504 N. CLEAR CREEK, CHAIR OF THE PARKS AND RECREATION BOARD, APPEARED BEFORE COUNCIL REGARD{NG PLACING THE SALE O� LAKE FRIENDSWOOD ON THE MAY ELECTION BALLOT TO HELP DEFRAY COSTS ASSOCIATED WITH THE DEVELOPMENT OF CENTENNIAL PARK AND FRIENDSWOOD SPORTSPARK. MR. JEFF McFAftLAND, 514 MEADOWBEND DRIVE, APPEARED BEFORE COUNCfL TO EXPRESS HIS CONGERNS REGARDING MO?ORCYCLES USING THE BAGK OF THE PROPERTY OF THE FOREST SUBDIVISION. HE WAS REFERRED TO THE CITY MANAGER AND STAFF FOR RELIEF TO THIS PROBLEM. MR. HARRY YOUNG, 516 MEADOWBEND, APPEARED BEFORE COUNCIL TO EXPRESS hIS CONCERNS REGARDING TRAFF4C CONTRO�ON FM 2351 TO WOODLANQS TRAIL, POOR LIGHTING,AND THE TURN LA N E. CITY MANAGER COX REPORTED ON THE GROUNDWATER REDUCTION PLAN AND INDICATIONS TNAT 12/ 18/00 1703 THE SUBSIDENCE DISTRICT WILL RECOMMEND APPROVAL OF THE PROPOSED PLAN. AN ADDITIONAL WORK SESSION WILL BE HELD ON THE DRAFT PLAN WITH AN ACTION ITEM AT THE JANUARY 22 COUNCIL MEETING. MR. COX REPORTED ON ELECTRIC DEREGULATION AND Wll.� KEEP COUNCIL INFORMED OF THE IMPENDING DEREGULATION. MR. COX REPORTED TIME WARNER SENT THE CITY A COPY OF THE PETITION SEEKING RELIEF FROM CITY RATE REGULATION. A COPY OF THE PETITION HAS BEEN PROVIDED TO CONNIE CANADY, FINANCIAL ANALYSIS CONSULTANT IN CABLE MATTERS FOR HER REVIEW. MR. COX REPORTED ON THE GALVESTON COUNTY ROAD BONDS FOR THE RECONSTRUCTION OF SUNSET. IT IS ANTICIPATED THE COUNTY WILL SELL THE BONDS SOON AFTER THE FIRST OF TNE YEAR AND THE RECONSTRUCTION OF SUNSET DRIVE WILL BE PAID FOR WITH � . THESE BOND FUNDS. THE COUNTY EXPECTS TO SELECT AN ENGINEER FOR THE PROJECT IN MARCH � 2001, COMPLETE THE DESIGN BY DECEMBER 2001, AND COMPLETE CONSTRUCTION DURING 2002 �, AND 2003, DEPENDING ON THE OVERALL SCHEDULE. AN INTERLOCAL AGREEMENT WILL BE �:..�a PREPARED FOR ALL THE CITIES WITH PROJECTS TO APPROVE. COUNCILMEMBER ERICSSON ASKED ABOUT THE CITY ADMINISTERING THIS PROJECT WITH THE CITY MANAGER ADVISING THE COUNTY WANTS TO MANAGE THE PROJECT AND THE CITY WILL HELP AS NEEDED. �`�*COUNCILMEMBER KIM BRIZENDINE MOVED TO APPROVE PLACING A PROPOSITION ON THE BALLOT TO AUTHORIZE THE SALE OF LAKE FRIENDSWOOD LOCATED OFF WINDEMERE ROAD, AUTHORIZED THE CITY MANAGER TO OBTAIN AN APPRAISAL AND DEVELOP WORDING FOR THE BALLOT. SECONDED BY COUNCILMEMBER ERICSSON. THE MOTION PASSED 5-2 WITH COUNCILMEMBERS TAYLOR AND MEASELES OPPOSEQ. RESOLUTION *-xCOUNCILMEMBER MEASELES MOVEDTOAPPROVE RESOLUTION NO. R-2000-59,A RESOLUTION OF THE CITY OF FRIENDSWOOD, TEXAS AUTHORIZING INTERVENTION IN TEXAS•NEW MEXICO POWER COMPANY'S REQUEST TO INCREASE THE FUEL FACTOR AND IMPLEMENT A SURCHARGE FILED AT THE PUBLIC UTILITY COMMISSION OF TEXAS, DOCKET NO. 23395; AUTHORIZING THE JOINING WITH OTHER INTERVENING CITIES TO PROTECT MUNICIPAL AND RATEPAYER INTERESTS; AUTHORIZING THE HIRING OF ATTORNEYS AND CONSULTANTS; AND REQUIRING REIMBURSEMENT OF THE CITIES' RATEMAKING COSTS. SECONDED BY COUNCILMEMBER KIM BRIZENDINE. TNE MOTION WAS APPROVED UNANIMOUSLY. � ORDINANCES: t ��*�COUNCILMEMBER ERICSSON MOVED TO APPROVE ORDINANCE N0.T2000-45—SECOND AND FINAL READING OF AN ORDINANCE AMENDING APPENDIX C OF THE CITY OF FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING THE ZONING ORDINANCE OF THE CITY, BY AMENDING SUBSECTION 0 OF SECTION 7 THEREOF BY AMENDING THE LOT AREA REQUIREMENTS; BY AMENDING THE REGULATION MATRIX FOR COMMERCIAL DISTRICTS CONTAINED IN PARAGRAPH 2 OF SUBSECTION Q OF SECTION 7 THEREOF BY AMENDING THE LOT AREA, DIMENSIONS, AND LOT COVERAGE IN BUSINESS PARK, LIGHT INDUSTRIAL, AND INDUSTRIA� DISTRICTS; 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 GOZA. THE MOTION WAS APPROVED UNANIMOUSLY. *�*COUNCILMEMBER GOZA MOVED TO APPROVE ORDINANCE N0. T2000-46 — SECOND AND FINAL READING OF AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE N0. 85•15, AS AMENDED, ORIGINALLY ADOPTED THE 19T" DAY OF NOVEMBER 1984, AND BEING THE ZONING ORDINANCE OF THE CITY, BY CHANGING THE ZONING . . _.__. ____�....�..,..._,..,�......_..___.._..,. �..__._._.,_.....�._._._., ___.___,____._._.__�,_._.._______a 12 / 18/00 1704 CLASSIFICATION OF A CERTAIN PARCEL OF LAND FROM INDUSTRIAL DISTRICT(l)TO PLANNED UNIT DEVELOPMENT DISTRICT (PUD); BEING LOCATED AT LOT 63 OF THE TIMBER CREEK GOLF CLUB, IN THE HOIDALE AND COFFMAN SUBDIVISION, CITY OF FRIENDSWOOD; PROVIDING FOR THE AMENDMENT OF THE OFFICfAL ZONING MAP OF THE CITY; PROVIDfNG FOft SEVERASILITY; AND PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF Af�Y PROVISION HEREOF. SECONDED BY COUNCILMEMBER KIM BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY. x-�COUNCILMEMBER KIM BRlZENDINE MOVED TO APPROVE ORDINANCE NO.T2000-47-SECOND AND FINAL READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING ORDINANCE N0. 84-15, SAID ORDINANCE N0. 84•15 BEING THE ZONING ORQINANCE OF THE CITY, BY GRANTING A SPECIFiC USE PERMIT FOR A MfXED•USE COMMERCiAL SITE, ON A CERTAIN TRAC7 OF LAND, BEING A .8904 ACRE SITE LOCATED IN QIVISION E OF LOT 63 lN THE HOIDALE AND GOFFMAN SUBDIVISION, CITY OF FRIENDSWOOD; 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 ERfCSSON. THE MOT10N WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER TAYLOR MOVED TO APPROVE ORDINANCE N0. T2000-48 - SECOND AND FINAL READING OF AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD, 7EXAS, 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 CLASSIFICATION OF A CERTAIN 14.899 ACRE PARCEL OF LAND OUT OF LOTS 53, 54, AND 55 OF THE HOIDALE AND COFFMAN SUBDIVISION FROM SINGLE FAMILY RESIDENTIAL DISTRICT (SFR) TO PLANNED UNIT DEVELOPMENT DISTftICT (PUD); 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 $2,00 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF. SECONDED BY COUNCILMEMBER KIM BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY. *�`-COUNCILMEMBER MEASELES MOVED TO APPROVE ORDINANCE N0.T2000-49-SECOND AND FINAL F2EADfNG OF AN ORDINANCE 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 RESIDENTIAL GATED COMMUNITY LOCATED ON LOTS 53, 54ANQ 55 OF THE HOIDALE AND COFFMAN SUBDIVISION; 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 KITTEN BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER TAYLOR MOVED TO APPROVE ORD{NANCE N0.T2000-51-FfRST READING OF AN ORDINANCE AMENDING TH� CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, BY AMENDING SECTIONS 26•126, 26-127, AND 26-133 OF ARTICLE V. OF CHAPTER 26, JUNKED VEHICLES, TO UPDATE THIS ARTICLE IN ACCORDANCE WITH CHANGES EFFECTED BY THE TEXAS LEGISLATURE; PROVIDING �OR SEVERASILITY. SECONDED BY COUNCILMEMBER MEASELES. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER KIM BRIZENDINE MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED. A. PAYMENT OF CAPITAL PROJECTS- 1. COWARDS CREEK SANITARY SEWER REPLACEMENT WITH THE ELEVENTH PAYMENT IN TH� AMOUNT OF $2,817.50 TO CLAUNCH & MIL�ER, INC. FOR ENGINEERING SERVICES FOR THE DESIGN OF THE 24" REPLACEMENT LINE ALONG COWARDS CREEK FROM FM 518 TO COWARDS CREEK DRIVE. THE PROJECT 15 96 PERCENT COMPLETE. TH1RD PAYMENT IN THE AMOUNT OF $369,590.40 TO RAMOS INDUSTRIES, INC. FOR CONSTRUCTION SERVICES, BID N0. 2000•05. THE PROJECT IS 95 PERCENT COMPLETE. RETAINAGE IS 10 PERCENT. 2. CENTENNIAL PARK PHASE ONE W17H THE NINTH PAYMENT IN THE AMOUNT OF $42,213.19 TO KIfVSEL fNDUSTRIES, INC. �OR DEVELOPMENT AT CENTENNIAL PARK, B1D N0. 99-13. THE PROJECT � 12 / 18/00 1705 IS 95 PERCENT COMPLETE. RETAINAGE IS 10 PERCENT. 3. 16" WATERLINE AND SANITARY SEWER REPLACEMENT WITH THE SIXTH PAYMENT IN THE AMOUNT OF $2,240.00 TO WAYNE SMITH & ASSOGIATES FOR DESIGN SERVICES. THE DESIGN PHASE IS 95 PERCENT COMPLETE. TOTAL PAYMENTS WERE $416,851.09. B —DISPOSITION OF BIDS - l. BID N0. 2000-10 — HEAVY DUTY INDUSTRIAL LOADER BACKHOE AWARDED TO LANSDOWNE�MOODY IN THE AMOUNT OF $45,352. 2. BID N0. 2000�14—PURCHASE OF ONE (1) CREW CAB 3/a TON TRUCK AWARDED TO McCREE FORD IN THE AMOUNT OF$25,169.70. C. APPROVE ACCEPTANCE OF STREETS, DRAINAGE AND UTILITIES FOR AUTUMN CREEK, SECTION 5 FOR THE C�NTRACTOR'S ONE�YEAR MAINTENANCE PERIOD. D. RESOLUTION N0. R2000-57, A RESOLUTION OF THE CITY OF FRIENDSWOOD, TEXAS, HEREINAFTER �`""' REFERRED TO AS "APPLICANT", DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE CRIMINAL JUSTICE DIVISION, OFFICE OF THE GOVERNOR, HEREINAFTER REFERRED TO AS "DEPARTMENT", FOR THE �,� PURPOSE OF PARTICIPATING IN THE SFCOND YEAR OF FUNDING FOR THE SAFE AND DRUG FREE SCHOOLS AND COMMUNITIES FUNDING PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM" AND AUTHORIZING THE SUBMISSION OF THE APPLICATION TO THE CRIMINAL JUSTICE DIVISION. RESOLUTION N0. R2000-58, A RESOLUTION REGARDING A LEASE PURCHASE AGREEMENT FOR THE PURPOSE OF PROCURING POLICE VEHICLES. APPROVE INTERLOCAL AGREEMENT WITH HARRIS COUNTY FOR FIRE PROTECTION SERVICES TO UNINCORPORATED AREAS OF HARRIS COUNTY. APPROVE I NTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT PURPOSES WITH CLEAR CREEK DRAINAGE DISTRICT FOR DEBRIS MANAGEMENT SERVICES. APPROVE BANNER PERMIT APPLICATION FOR LIGHTHOUSE COOKING TEAM FUNORAISER. APPROVE COUNCIL LIAISON APPOINTMENTS FOR COUNCILMEMBERS ERICSSON AND GOZA. APPROVE PROPERTY TAX REPORT FOR NOVEMBER 2000. MINUTES OF DECEMBER 4 AND 11, 2000. SECONDED BY COUNCILMEMBER KITTEN BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY. A MOTION WAS MADE AND APPROVED TO ADJOURN AT :43 PM. � / MAYOR NAROLD L. WHI AKER ATTEST: c �� s � " DELORIS MCKENZI , TRM CITY SECRETARY