HomeMy WebLinkAboutCC Minutes 2001-02-19 Regular 1725
STATE OF TEXAS )(
� CITY OF FRIENDSWOOD )(
COUNTIES OF GALVESTON/HARRIS )(
FEBRUARY 19, 2001 )(
NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS
HELD ON MONDAY, FEBRUARY 19, 2001 AT 6:00 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 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.
COUNCIL CONVENED INTO EXECUTIVE SESSION ACCORDING TO THE TEXAS GOVERNMENT CODE
PURSUANT TO SECTION 551-074, PERSONNEL MATTERS - CITY SECRETARY'S ANNUAL REVIEW.
COUNCIL RE•CONVENED INTO REGULAR SESSION WITH ACTION TAKEN LATER IN THIS MEETING.
MAYOR WHITAKER CALLED THE REGUL.AR MEETING TO ORDER.
THE INVOCATION WAS GIVEN BY CITY MANAGER COX.
MAYOR WHITAKER LED THE PLEDGE OF ALLEGIANCE TO THE STATE OF TEXAS AND TO THE UNITED
STATES.
MAYOR WHITAKER AND ACTING CHAIR OF THE PLANNING AND ZONING COMMISSION BOB BERTRAND
CALLED A JOINT DOCKETED PUBLIC HEARING TO ORDER TO RECEIVE COMMENTS, EITHER ORAL OR
WRITTEN, REGARDING THE REQUEST FOR A ZONE CLASSIFICATION CHANGE FOR 10.116 ACRES,
3.168 ACRES, AND 2.763 ACRES AT FM 528 ACROSS FROM SUNSET DRIVE FROM NEIGHBORHOOD
COMMERCIAL (NC)/SINGLE FAMILY RESIDENTIAL (SFR) TO COMMUNITY SHOPPING CENTER (CSC).
MR. PAUL TILLMAN, AN ARCHITECT, AND MR. DAVID KEEL, AN ENGINEER FOR THE PROPOSED HEB
PROJECT, APPEARED BEFORE COUNCIL AND PRESENTED INFORMATION REGARDING THE
ARCHITECTURE AND ENGINEERING OF THE PROPOSED HEB STORE INCLUDING THE SIZE OF THE
STORE, FUEL STATION, LANDSCAPING, AND ELEVATION.
NO ONE SPOKE IN FAVOR OR IN OPPOSITION.
NEARING NO FURTHER COMMENTS, THE JOlNT DOCKETED PUSLIC HEARING WAS CLOSED.
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COMMUNICATIONS FROM MAYOR AND COUNCILMEMBERS
� COUNCILMEMBER MEASELES REPORTED ON ATTENDING THE PLANNING AND ZONING MEETING LAST
WEEK DURING WHICH THE CHEVRON HANDI-PLUS AND THE BAPTIST CHURCH THE PROPOSED
ZONING REQUESTS WERE APPROVED, REPORTED THAT P�ANNING AND ZONING ARE REVIEWING
SCREENING REQUIREMENTS, COMPLIMENTED THE CITY COUNCIL AND STAFF FOR THEIR VISIONARY
EFFORTS IN LOOKING FOR THE FUTURE, REPORTED THAT COUNCIL IS A UNIFIED TEAM AND WANTS
THIS UNITY TO CONTINUE AND ANNOUNCED HIS PLAN TO FILE FOR RE-ELECTION.
COUNCILMEMBER TAYLOR HAD NO REPORT. � ,
COUNCILMEMBER KIM BRIZENDINE REPORTED ON ATTENDING THE SUNMEADOW HOMEOWNERS
ASSOCIATION MEETING, THE DEDICATION SERVICE OF CROSSROADS COMMUNITY CHURCH'S NEW
LOCATION, ATTENDED THE COMMUNITY PRAYER BREAKFAST, AND REPORTED THAT THE
FRIENDSWOOD EDUCATION FOUNDATION HELD THEIR "BLUE BANDANA EVENT" FUNDRAISER LAST
SATURDAY AND RAISED $25,000 DURING THE AUCTION.
COUNCILMEMBER GOZA HAD NO REPORT.
COUNCILMEMBER ERICSSON REPORTED ON ATTENDING THE PRAYER BREAKFAST, REPORTED THAT
CLEAR LAKE ECONOMIC DEVELOPMENT FOUNDATION MET TWICE ON THE "KEEP IT SOLD" PROJECT
FOR NASA AND THEIR ANNUAL WALK IN HALLS OF WASHINGTON TO ASK FOR SUPPORT, AND STATED
THAT HE WILL BE PARTICIPATING IN THIS EFFORT IN MAY.
COUNCILMEMBER KITTEN BRIZENDINE HAD NO REPORT.
MAYOR WHITAKER REPORTED IN ADDITION TO SOME OF THE SAME MEETINGS MENTIONED,
ATTENDED THE HARRIS/GALVESTON SUBSIDENCE MEETING ON GOUNDWATER REDUCTION PLAN
LAST THURSDAY, ATTENDED THE MONTHLY MEETING WITH FRIENDSWOOD INDEPENDENT SCHOOL
DISTRICT REGARDING COMMON ISSUES, AND REMINDED EVERYONE OF THE FILING DATE FOR THE
UP•COMING ELECTION WHICH BEGAN TODAY AND WILL END MARCH 31sT
COMMUNICATIONS FROM THE PUBLIC AND COMMITTEES
MR. RON DECKER, CHAIR OF THE ZONING BOARD OF ADJUSTMENT (ZBOA), APPEARED BEFORE
COUNCIL AND READ A PREPARED STATEMENT REGARDING THE ACTIVITIES OF THE ZBOA INCLUDING
NUMBER OF PETITIONS HEARD, WORKSHOPS HELD WITH THE CITY ATTORNEY, AND MR. DECKER
DISCUSSED APPEALS, SPECIAL EXCEPTIONS, VARIANCES, RESPONSIBILITYOFTHE BOARD, LIMITED
AUTHORITY AND REQUESTED COUNCIL TO CONSIDER THE GRANTING THE AUTHORITY OF SPECIAL
EXCEPTIONS TO THE ZBOA.
DIRECTOR OF PUBLIC WORKS MELVIN MEINECKE ANNOUNCED HIS RETIREMENT EFFECTIVE MARCH
31ST. DIRECTOR MEINECKE READ A PREPARED STATEMENT OUTLINING HIS 24 YEARS OF
EMPLOYMENT WITH THE CITY AND THE ACCOMPLISHMENTS CITY PROJECTS INCLUDING
CONSTRUCTION OF THE PUBLIC WORKS BUILDING IN 1979, THE FIVE-YEAR STREET PROGRAM, THE
SOLID WASTE AND REFUSE CONTRACT, SURFACE WATER FROM THE SOUTHEAST WATER
PURIFICATION PLANT, ALL WASTEWATER FROM THE CITY DIVERTED TO THE BLACKHAWK TREATMENT
PLANT, THE REMOVAL OF THE LAST EXISTING TREATMENT PLANT FROM TOWER ESTATES, WATER
LINE AND WASTE WATER LINE PROJECTS, DRAINAGE PROJECTS, FIRE HYDRANT PROGRAM, THE
INFILTRATION AND INFLOW PROGRAM, THE MANHOLE REHABILITATION, AND THE GROUND WATER
REDUCTION PLAN BY THE HARRIS GALVESTON COASTAL SUBSIDENCE DISTRICT. DIRECTOR
MEINECKE STATED IT TOOK VERY HARD WORK AND DEDICATION FROM THE MAYOR, CITY COUNCIL,
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CITY MANAGER AND STAFF TO BE WHERE THE CITY IS TODAY AND THANKED THE PRESENT AND PAST
MAYOR AND COUNCIL FOR THE TEXAS MUNICIPAL RETIREMENT SYSTEM AND THANKED EVERYONE
, FOR THE HELP AND SUPPORT HE HAS RECEIVED OVER THE PAST 24 YEARS.
PUBLIC WORKS DIRECTOR MEINECKE WAS GIVEN A STANDING OVATION.
COUNCILMEMBER ERICSSON STATED HE WAS SURPRISED BY THIS ANNOUNCEMENT, AND STATED
MELVIN DOESN'T ASK FOR MUCH AND IS FISCALLY PRUDENT, YOU CAN TAKE HIM AT HIS WORD, IF
HE SAID IT WAS NEEDED, IT WAS, AND STATED THAT MELVIN CAN CALCULATE MANY PROJECTS IN
HIS HEAD.
COUNCILMEMBER KITTEN BRIZENDINE SATED SHE IS GRATEFUL FOR THE TRAINING MELVIN
PROVIDED TO MANY CITY EMPLOYEES AND COUNCILMEMBERS, AND THANKED HIM FOR A JOB WELL
DONE.
MAYOR WHITAKER STATED HE KNEW MELVIN LONG AGO WHEN HE WAS WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION, STATED THE CITY HAS BENEFITED FROM MELVIN ALL THESE
YEARS AND THANKED HIM FOR THE MANY YEARS OF SERVICE HE HAS GIVEN TO THE CITY OF
FRIENDSWOOD.
MR. CHARLES TYLER APPEARED BEFORE COUNCIL REGARDING THE REZONING OF FM 528 PROPERTY,
AND STATED HE RECENTLY BUILT A NEW HOME, AND EXPRESSED CONCERNS REGARDING LAND
VALUES, LIGHT AND NOISE POLLUTION, AND STATED THA7 THE CITY SHOULD WAIT UNTIL WE KNOW
WHO IS INTERESTED IN THE LAND, WHO WANTS TO BUY OR BUILD IN THIS AREA AND STATED THERE
IS NO REASON TO RUSH INTO THIS PROCESS.
MR. TERRY VAUGHN, 2009 LUNDY LAND, APPEARED BEFORE COUNCIL AND TNANKED THEM FOR
ALLOWING HIM TO ADQRESS COUNCIL TO EKPRESS HIS CONCERNS REGARDING THE REZONING OF
FM 528 PROPERTY, STATED THAT THERE IS A BIGGER PICTURE THAT SHOULD BE ADDRESSED,
MORE PEOPLE ARE SPEAKING AGAINST THIS PROJECT THAN THOSE THAT ARE FOR IT, EXPRESSED
CONCERNS REGARDING THE GUN RANGE AND THE LEAD IN THIS AREA, REQUESTED MORE
INFORMAT�ON AND URGED COUNCIL TO TABLE THE REZONING.
DR. NORBERT HERZOG, 2008 SHULTE LANE, REPRESENTING THE HOMEOWNERS FROM LUNDY LANE,
TOWER ESTATES, MISSION ESTATES, AND THE SHULTE AREA, APPEARED BEFORE COUNCIL TO
ADDRESS THE FM 528 PROPERTY REZONING PROCESS, PROVIDED A POWER POINT PRESENTATION
REGARDING LIGHTING, PERMITTED USES IN LIGHT INDUSTRIES, THE EXISTING TOWER COMPLEX
AND OIL WELL PRO.�ECT, A LIST OF PERMITTED USES, AND THE SPECIAL USE PERMIT.
BRIAN MULLEN APPEARED BEFORE COUNCIL AND STATED HE MOVED HIS FAMILY TO FRIENDSWOOD
BECAUSE THIS WAS A SAFE PLACE TO LIVE AND THAT HE HOPED IT WOULD REMAIN SAFE WITH
THESE PROPOSED FM 528 PROPERTY REZONINGS.
CITY MANAGER COX REPORTED THAT THE COUNCIL/STAFF PLANNING RETREAT HAS BEEN
SCHEDULED FOR THURSDAY, MARCH 22, 2001 AT THE NASSAU BAY HILTON HOTEL ON NASA ROAD I.
MR. COX REPORTED THAT C4UNCILMEMBER TAYLOR ASKED FOR INFORMATION REGARDING THE
AMOUNT OF GRANT FUNDS THE FIRE MARSHAL'S OFFICE HAD RECEIVED IN THE RECENT PAS7 AND
COUNCILMEMBER GOZA ASKED FOR A REPORT ON THE ACTIVITIES IN THIS REGARD FROM ALL
DEPARTMENTS. MR. COX REPORTED THAT THE CITY HAS BEEN VERY SUCCESSFUL IN SEEKING AND
SECURING GRANTS AND OVER THE LAST TWO YEARS iN THE AMOUNT OF $2,155,137 IN GRANT
FUNDS WITH VARIOUS PERCENTAGES OF MATCHING FUNDS FROM THE CITY. MR. COX REPORTED
THAT THE HARRIS-GALVESTON COAS7AL SUBSIDENCE DISTRICT UNANIMOUSLY APPROVED THE CITY
OF FRIENDSWOOD GROUNDWATER REDUCTION PLAN (GRP), CULMINATING A ONE-YEAR EFFORTTO
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� MEET THE STANDARDS SET OUT IN 1999 BY THE DISTRICT FOR THE CITY. MR. COX ALSO REPORTED
THAT THE CITY OF HOUSTON HAS BEEN NOTIFIED THAT THE CITY NEEDS AN ADDITIONAL SfX
MILLION GALLONS OF CAPACITY (6MGD, DOUBLING OUR CURRENT CAPACITY) FOR THE NEXT MAJOR
� PLANT EXPANSION PROJECT AS PROJECTED IN THE APPROVED GRP.
X�`COUNCILMEMBER KITTEN BRIZENDINE MOVED TO APPROVE THE ANNUAL EVALUATION OF THE
CITY SECRETARY DELORIS MCKENZIE AND A MERIT RAISE OF 5.5�"/o OR $3,000 FOR 17 YEARS OF
DEDICATED SERVICE.
SECONDED BY COUNCILMEMBER MEASELES. THE MOTION WAS APPROVED UNANIMOUSLY.
*�`COUNCILMEMBER KITYEN BRIZENDINE MOVED TO APPROVE THE INTERLOCAL AGREEMENT FOR
EMERGENCY MANAGEMENT PURPOSES WITH CITY OF BRYAN FOR EMERGENCY RELIEF SERVICES.
SECONDED BY COUNCILMEMBER ERICSSON. THE MOTION WAS APPROVED UNANIMOUSLY.
RESOLUTIONS
**COUNCILMEMBER KITTEN BRIZENDINE MOVED TO APPROVE RESOLUTION N0. R2001-04, A
RESOLUTION APPROVING SUBMISSION OF A GRANT APPLICATION FOR A CHILD ABUSE
INVESTIGATOR PROJECT TO THE O�FICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION, CRIMINAL
JUSTICE PLANNING (421) PROGRAM, IN THE AMOUNT OF $75,783.
SECONDED BY COUNCILMEMBER KIM BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY.
*"COUNCILMEMBER KIM BRIZENDINE MOVED TO APPROVE RESOLUTION N0. R2001-05, A
RESOLUTION OF THE CI7Y COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, PROVIDING FOR THE
HOLDING OF A GENERAL ELECTION ON MAY 5, 2001, FOR THE PURPOSE OF ELECTING TWO (2)
COUNCILMEMBERS FOR POSITIONS #4 AND #6 FOR THE CITY; PROVIDING FOR THE HOLDING OF A
SPECIAL ELECTION ON THE SAME DATE TO SUBMIT TO THE QUALIFIED VOTERS OF THE CITY A
PROPOSITION ON WHETHER THE CITY SHALL BE AUTHORIZED TO OFFER FOR SALE CERTAIN PARK
PROPERTY COMMON�Y KNOWN AS LAKE FRIENDSWOOD; DESIGNATING THE POLLING PLACES AND
APPOINTING ELECTION OFFICIALS FOR SUCH ELECTIONS; PROVIDING THE FORM OFTHE BALLOT AT
SUCH ELECTIONS; DIRECTING THE GIVING OF NOTICE OF SUCH E�ECTIONS; AND CONTAINING OTHER
PROVISIONS RELATING TO THE SUBJECT.
SECONDED BY COUNCILMEMBER KITTEN BRIZENQINE.
**�*COUNCILMEMBER GOZA MOVED TO AMEND THE PROP�SITION TO ALLOCATE FUNDS FROM THE
SALE OF LAKE FRIENDSWOOD FOR THE SPORTSPARK.
SECONDED BY COUNCILMEMBER KIM BRIZENDINE. THE MOTION FAILED WITH MAYOR WHITAKER,
AND COUNCILMEMBERS KITTEN BRIZENDINE, ERICSSON, TAYLOR AND MEASELES OPPOSED.
DISCUSSION WAS HELD REGARDING THE WORDING OF THE BALLOT TO ALLOCATE FUNDS FOR THE
SPORTSPARK, FUNDING FOR CENTENNIAL PARK, PURCHASE OF THE SPORTS PARK, THE SALE OF
LAKE FRIENDSW00D, GRANT DOLLARS, GALVESTON COUNTY FUNDING, AND THE RESTRICTIVE TIME
LINE FOR GRANT FUNDING.
+++COUNCILMEMBER MEASELES STATED THAT HE WOULD LIKE THE RECORD TO REFLECT THAT HE
DOES NOT SUPPORT THE SALE OF THE LAKE FRIENDSWOOD PROPERTY.
*�*THE MAIN MOTION WAS APPROVED UNANIMOUSLY.
ORDINANCES
"�*COUNCILMEMBER ERICSSON MOVED TO APPROVE ORDINANCE N0. T2001-06, FIRST READING OF
AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD CITY CODE, SAID APPENDIX C BEING
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CITY OF FRIENDSWOOD, TEXAS, ORDINANCE N0. 84-15, AS AMENDED, ORIGINALLY ADOPTED THE
19T" DAY OF NOVEMBER 1984, AND BEING THE ZON(NG ORDINANCE OF THE CITY, BY CHANGING THE
" ZONING CLASSIFICATION OFAPPROXIMATELY 218.94 ACRES OF LAND, MORE OR LESS, FROM SINGLE
FAMILY RESIDENTIAL DISTRICT (SFR) TO A MIX OF BUSINESS PARK DISTRICT (BP) (AN AREA OF
APPROXIMATELY 62.226 ACRES)AND LIGHT INDUSTRIAL DISTRICT(LI)(AN AREA OFAPPROXIMATELY
156.714 ACRES);SAID PROPERTY BEING LOCATED ALONG WEST PARKWOOD AVENUE (FM 528);
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 PROVISIONS HEREOF.
SECONDED BY COUNCILMEMBER TAYLOR. THE MOTION WAS APPROVED UNANIMOUSLY.
DISCUSSION WAS HELD REGARDING A REVIEW OF THE TIMELINE OF THE PERMITTED USE TABLE
(PUT), COMMITTEE, APPLICATION OF THE PUT, THE INTERESTS OF THE CITY, VISION 2020,
RESIDENTIAL TAX BASE, NATURAL BUFFERS, DIVERSITY OF FRESH IDEAS, TRUST IN LEADERSHIP,
AND THE FUTURE OF THE CITY.
*�-COUNCILMEMBER ERICSSON MOVED TO APPROVE ORD�NANCE N0. T2001-07, SECOND AND FINAL
READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD,
TEXAS, BY ADDING NEW ARTICLE III, "NOISE", TO CHAPTER 54, "OFFENSES AND MISCELLANEOUS
PROVISIONS"; ESTABLISHING EXCESSIVE NOISE TO BE A NUISANCE; NIAKING IT UN�AWFUL FOR ANY
PERSON TO MAKE OR ALLOW UNREASONABLE NOISES WITHIN THE CITY LIMITS; PROVIDING A
PENALTY OF AN AMOUNT NOT TO EXCEED $500.00 FOR EACH OCCURRENCE OF VIOLATION; AND
PROVIDING FOR SEVERABILITY.
SECONDED BY COUNCILMEMBER KITTEN BRIZENDINE. THE MOTION PASSED 6�1 WITH
COUNCILMEMBER MEASELES OPPOSED.
�`xCOUNCILMEMBER KIM BRIZENDINE MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED.
A. PAYMENT OF CAPITAL PROJECTS - 1. BAKER ROAD BRIDGE WITH PAYMENT IN THE AMOUNT OF
$5Q,763.Q0 TO CLEAR CREEK DRAINAGE D(STRICT FOR THE CITY'S SHARE OF BRIQGE
REPLACEMENTS COSTS. B. APPROVE CHANGE ORDER#2 FOR COWARDS CREEK 24-INCH SANITARY
SEWER PROJECT IN THE AMOUNT OF $24,130.77 TO CONDUCT THE NECESSARY REPAIR WORK TO
THE MANHOLES TO STOP THE INFILTRATION AND INFLOW OF STORMWATER INTO THE SANITARY
SEWER SYSTEM IN THAT LOCATION. C. AUTHORIZE AGREEMENTS WITH THE TEXAS DEPARTMENT OF
TRANSPORATION (TxDOT) FOR THE FOLLOWING: l. TRAFFIC SIGNA� UPGRADE AT FM 528 AND
MOORE ROAD - AUTHORIZE TxDOT TO CONSTRUCT A FULLY ACTUATED TRAFFIC SIGNAL AT THE
INTERSECTION OF FM 528 AND MOORE ROAD; 2. APPROVE THE AGREEMENT FOR FUNDING OF THE
ENVIRONMENTAL ASSESSMENT/PRELIMINARY DESIGN FOR THE SEGMENT OF BRITTANY BAY FROM
FM 528 TO FM 2351; 3. APPROVE THE AGREEMENT FOR FUNDING THE ENVIRONMENTA�
ASSESSMENT/PRELIMINARY DESIGN FOR THE SEGMENT OF BRITTANY BAY FROM FM 528 70 TE
LEAGUE CITY LIMITS; 4. APPROVE THE AGREEMENT FOR FUNDING THE ENVIRONMENTAL
ASSESSMENT/PRELIMINARY DESIGN FOR THE RECONSTRUCTION OF FRIENDSWOOD
LINK/WNISPERING PINES BETWEEN FM 518 AND THE CITY LIMITS. D. (R2001-03)WAS POSTPONED
UNTIL THE NEXT COUNCIL MEETING TO BE HELD MARCH 5, 2001. E. APPROVE BANNER PERMIT
APPLICATIONS FOR FRIENDSWOOD HIGH SCHOOL PROJECT PROM, CA�VARY CHAPEL FOR OUTD�OR
EASTER SERVIGE, AND COMMUNITY APPEARANCE BOARD FOR THE CAB CLEAN UP. F. PROPERTY
TAX REPORT FOR JANUARY 2001. G. MINUTES OF FEBRUARY 5 WITH CORRECTIONS AND FEBRUARY
12, 2001.
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SECONDED BY COUNCILMEMBER KITTEN BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY.
� A MOTION WAS MADE AND APPROVED TO ADJOURN AT 9:03 PM.
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MAYOR HAROLD L. WHITAKER
ATTEST:
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DELORIS MCKENZIE, RM
CITY SECRETARY