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HomeMy WebLinkAboutCC Minutes 1973-07-16 RegularMINUTES OF A -REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL July 16, 1973 A Regular Meeting of the Friendswood City Council was held July 16, 1973 at 7:30 p.m. at the City Hall with the following members present: Mayor Ralph L. Lowe Councilman William Patton Councilman Ralph Gonzalez Councilman Richard Haken Councilman,Benny Baker Councilman Edward Zeitler With a quorum present, and with Councilman Milton Windler absent, the following business was transacted: READING AND APPROVAL OF MINUTES- Minutes, of a regular meeting of June 18 were approved with two corrections: p.l - correct spelling of "Kemmerer"; p.2 - Poll on proposed sewer system indicated "unanimous with exception of Councilman Gonzalez." W Minutes of a regular meeting of July 2: p.2 - Resolution 7-73 - show action: MOTION (Patton); .Second (Zeitler_); Vote: Unanimous FOR MOTION CARRIED. Both sets of minutes approved as corrected. ANNOUNCEMENTS & COMMUNICATIONS FROM THE MAYOR 1. Highway agreement to install culverts across FM 2351, 2. In view of water over'FM 528 during recent -rains, the County has agreed to the need for larger culverts. Mr. Morgan was directed to write to the County stating dimensions needed and making a formal request for an engin- eering analysis of the situation, 3. On July 17, a meeting will be held at the City Hall regarding the proposed project to clear out brush in the smaller creeks running in to Clear Creek. 4. A meeting was held in Alvin on.July 13 with Mr. Jess Ward of the State Disaster Administration and members of the Small Business Administration; request,swas,made by the City'for 100% reimbursement for damage to city streets and facilities. 5. The Zoning,Board of -Adjustment will meet�Tuesday night to consider two requests for variances. 6. The Planning Commission has scheduled a public hearing on August 9 pertaining to lot sizes and removing townhouses from the C-1 District together with other minor changes to the Zoning Ordinance•. OATH OF OFFICE - Board of Adjustment - Mayor Lowe administered the Oath of Office to Mrs. Isa Bernice Box Position # and William H. Taylor (alternate at large) as members of the,Zoning Board of Adjustment. LOT SIZES IN CLEAR CREEK WOODS SUBDIVISION - A question has arisen whether three ots may be returned.to origins size w cch is below present requirements) after having been divided between two owners as two larger lots. Attorney"s opinion was that the originally platted sizes would be legal. On this basis, Council directed that building permits be issued„ upon request, for these lots as origi- nally platted. SUSPENSION OF GARBAGE FEES FOR UNTENABLE HOMES - Several citizens who have had to move from their- omes pen ing repairs resulting from the recent flood, have asked to have garbage charges to their homes discontinued. MOTION: (Baker) After 30 days, those residents may make written request Second: Zeitler for suspension of garbage fee if the home is untenable. Vote: Unanimous FOR MOTION CARRIED REQUEST TO COUNTY FOR TAX ADJUSTMENT -FOR -FLOOD VICTIMS = Mayor Lowe read a etter, he has written,,.to Mr�<<C,,,R Jo nson.,.County Tax Assessor/Collector requesting,.that he cooperate with the City and School in reevaluating this property and reducing taxes in 1ine�with losses. RESOLUTION NO. 8-73 - A Resolution to the Office of Emergency Preparedness requesting help for the city ow flood damage repairs, MOTION: (Zeitler) For adoption of Resolution #8-73 Second: Haken Vote: Unanimous FOR MOTION CARRIED MURPHY LANE -STREET IMPROVEMENT - The City -ha s.agreed to haul surplus material from the FM � 8 project to Murphy Lane; Mr. Murphy's.responsibility will be to halve it spread 'along the road.,,, Mr,.;-- 'MovIgan is to, discuss details with Mr. Murphy; COUNTY HEALTH OFFICER GUYWILKINSON RE SEPTIC TANKS - In connection with the question of approving MUslang ea ows -SUMViflon with septic tanks, Mr: Wilkinson stated that the soil in this area does not allow proper operation of septic tanks; that in some instances septic tanks might be necessary, but that he ,could ,nbt - recommend` them in any event MALONE MURPHY & FENLEY ATTORNEYS, have written a letter on behalf of residents of t e Coward' s Creek -area Mr: rs. John W. Small, Mr. & Mrs. Gary Ezell„ Mr. & Mrs. John Van Bockel, and Mr. & Mrs. Abner Burnitt) in compliance with the City Charter, setting forth their claim against the City for damages resulting from flooding of June 12. SUBDIVISION APPROVAL - COWARD'S CREEK (8 lots) MOTION: (Patton) To authorize the.Mayor's signature by way of approval �of Coward's Creek Subdivision upon presentation of the linen bearing signature of the Planning Commission, Drainage Bpard, and City Engineer. Second: Zeitler Vote: Unanimous FOR MOTION CARRIED The Fire Department will present a letter to the Planning Commission stating that a six inch water line is sufficient in this instance, SUBDIVISION APPROVAL - MUSTANG MEADOWS (Section I - 32 lots) Developer has made request to deve op t e area into arge lots with septic tanks for sewage dis- posal, Reasons given were size of lots, inability of the city to provide service at this time, and numerous gas and oil pipelines in the area making the laying of sewer lines hazardous. Discussion_ resulted in the following motion. MOTION: (Patton) That the City accept the'Planning Commission's recommendation for approval of Mustang Meadows based on three contingencies: 1. The lot sizes be restricted to the same size as the original p_l.at, to never.be subdivided further. 2. Deed restrictions to every property buyer agreeing to assess- ment on an equal and fair basis with all other property owners in the subdivision at the time that.it becomes necessary;;; to install city utilities. 3., That an ordinance be drawn up covering utility assessments to parallel the paving assessment ordinance. 4. That the plat specify only one house per lot. Second: Zeitler Mr. Ralph Somers read a statement opposing septic tanks within the city, and asked that it be made a part of the records. (Attachment to these minutes) Vote: FOR (3).Patton, Baker, Zeitler AGAINST (3) Lowey Gonzalez, Haken MOTIONfAILED PARKS AND LAND USE COMMITTEE REPORT Mr. Georg Ulbrich, Chairman, read a letter giving t e Committee's recommen"ati.ons'as to the needs of the City for park land: Let the city proceed with acquisition of 10-1/2 acres of land for park use known as Stephenson property on Hwy,.,,FM 518. Proceed with'purchase only on condition of 50% matching funds from grant. Two acres adjacent to be donated for city hall site is to be located in the tract which is not wooded. RE UEST THAT TW B HALT PROCESSING of waste control order application submitted on June'6 16tter to`this.effect-was read by the Mayor to TWQB RESOLUTION 9-73 -'CALLING BOND ELECTION ,. 7 A Resolution calling a bond election for August 11 on the following propositions: PROPOSITION NO. ONE - For or Against the issuance`of $250,000 Sanitary Sewer System Revenuw Bonds M PROPOSITION NO. TWO For or Against the issuance of $50,000'park bonds tl- PROPOSITION NO. THREE For or Against the issuance of $130,000 Drainage � Improvement bonds MOTION :,"(Haken) For adoption of Resolution 9-73 calling a bond election for August 11. Second: Zeitler MOTION: (Baker) To amend Proposition No. Three to read $100,000, Secon�`Cc Zeitler Vote: FOR (5) Lowe, Gonzalez„ Haken, Baker, Zeitler AG`AINST:,(1) Patton MOTION CARRIED Vote on Original Motion:, FOR (5) Lowe, Gonzalez, Haken, Baker, Zeitler AGAINST_:,(1).Patton MOTION CARRIED ORDINANCES #183 Changinq 7 tracts in Sunmeadow.from R-1 to R-2 - Second Reading MOTION: (Patton) To approve second reading Second: Zeitler Vote: Unanimous FOR MOTION CARRIED #184 - Ch.an in 2 tracts in Sunmeadow from R-1 to C-1 - Second Reading MOTION: (Patton) To approve second reading Second: Zeitler Vote: Unanimous FOR MOTION CARRIED #185 - Chan in Cecil Brown ro ert from R-L to C71 --Second Reading MOTION: (Zeitler). To approve second reading Second: Patton Vote: Unanimous FOR MOTION CARRIED #186 - Changing Fire Station location from R-1 to SPECIAL USE - Second Readin MOTION: (Zeitler) To approve,second reading Secon&: Haken Vote: Unanimous FOR MOTION CARRIED #188-E - Emer enc Appropriations - Single emergencyemergenSy reading AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS DECLARING AN EMERGENCY; APPROPRIATING FUNDS TO PROVIDE CONCRETE SURFACING ALONG SUNSET ACROSS COWARDS CREEK; TO PROVIDE CULVERTS ACROSS SUNSET ON COWARDS CREEK: TO PROVIDE FOR THE CORRECTION OF DRAINAGE PROBLEMS IN THE ELDORADO AND ANNALEA SUBDIVISIONS; SOURCE OF FUNDS TO BE USED; PROVIDING A SAVINGS CLAUSE AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. MOTION: (Zeitler) For passage on a single emergency reading of Ord, #188-E. Second: Baker Vote: Unanimous','FOR MOTION CARRIED WAR ANTS,FOR APPROVAL MOTION:.(Gonzalez)`To approve -or payment the following warrants; G&A,3107.2 3151, 3152, 3153, 3154,E 3155, 3156p, 3157 and M&O Warrants 1737 and 1738. Second: Patton Vote:.Uhanimous.FOR MOTION CARRIED STATUS REPORT ON STREET WORK - Councilman Gonzalez reported that the Gr.adall has been down, delaying street work„ and gave a schedule -for drainage work at the Junior High School and for topping Spreading Oaks, NEXT WORKSHOP - Jim Morgan asked that the Oil & Gas Ordinance and the Subdivision rd�'i'nance be considered at the.next workshop. CITY MANAGER VACATION - Mr'. Morgan asked for permission to take one week's vacation egi,nning Jul,y,23. Permission was given. CLOSED.SESSION`(See below) ADJOURNMENT - Motion made and seconded that the meeting adjourn. Meeting was adjourned at 105 a.m. ITEMS'OF CLOSED�SESSION: 1. Mr. Morgan said that the Police Department is dissatisfied with the Prosecutor, Councilman Zeitler is to contact Judge Evans on the matter. 2. Mr, Morgan reported that Chief Wright has asked that his salary be brought to the same figure as Water Superintendent Toon. Council decision was that this would be considered in the new budget. 3. Mr. Sam Vester is to pay the full cost, of his Water„aline;. the city will reimburse him for its share from next year's budget; Mr. Morgan.to get bids in for opening next Monday night, July 23. City Secretary APPROVED: Mayo Rap L. Lowe TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and Council, City of Friendswood Ralph Somers, Waste Water Treatment Consultant July 16, 1973 Sewer Service to Mustan 'Meadows I am advised that the City Council is seriously considering the application of the Mustang Meadows developers for approval of their subdivision plans including in which is the use of Septic Tanks rather>than a sewage collection system connected into the City systemanstFe use of individual water wells rather than using the City water supply .facilities. I seek your attention on this matter and request that you do not approve these plans if they, in fact do seep approval for individual water wells and septic tanks. The basis of my objection is as follows: 1. Inconsistent with- the City's previously stated objective of abating stream pollution via the implementation of a master sewage gathering and treatment system. A plan has been approved; a portion of same has been implemented. Included in the portion implemented is a part of the "West Interceptor" running up to the area of,the High School. This line was sized to service the area when fully developed. It is available to Mustang Meadows. 2. Inconsistent with action taken on approval, of the Fox Meadows development. In this case a lift station and forced feed line'to deliver the sewage to City facilities was required. 3. Contrary to statements made to EPA and TWQB in seeking their approval of Friendswood's plans for treating sewage. In this situation We have indicated that the City will treat all'of the .sewage within the City up to and including full development; Through the efforts of Council, Planning Commission, and others,a plan has been developed with the objective that we will fullfill our community obligations of providing adequate waste. treatment -facilities. 4. Inconsistent with the current program of seeking public approval and governmental financial aid to -construct sewage gathering facilities to serve the recently annexed Clover Acres Subdivision. If this effort is successful, the City will construct new trunk lines and laterals to serve Clover Acres which is now using septic tanks. Under Ordinance 83, the residents there -in will be required to spend money to tie in to the City system. Can you not visualize a similar action in the future appli- cable to Mustang Meadows should they be permitted to develop with the septic tank system? 5. Inconsistent with the objectives outlined by Galveston County and accepted by the City of Friendswood when the County was asked to act as the enforcement agency for the City in enforcement of Senate Bill 835 (see communique dated January 13, 1972 attached). 6. Contrary to good waste treatment practice. It is generally accepted that the Friendswood area is not suited to the septic treatment system. Without the benefit of percolation test data, I can state from experience and observation that septic system effluents in this area generally wind up in a receiving stream rather than being absorbed into the ground. 7. The use of water wells should be controlled. The Houston -Galveston area is, at present, experiencing very substantial subsidence. Although we do extract our water supply from ground water, we should be thinking ahead to a connection with surface water. It would seem prudent that we would want to discourage further water -well development whenever possible. In summary, the City has the facilities to provide water and sewer service to Mustang Meadows. These facilities are now being paid for by the Friendswood citizens. They were installed to serve the then existing and future residents with the approval of the voting public. It would be a serious breach of trust for the Council to abdicate its responsibility in this matter at this time. Ralph W. Somers, Waste Water Treatment 'Consultant cc: Jim Morgan Planning Commission Kenneth Toon Galveston County Health Dept, GALV,ESTON COUNTY- MAIN -_LAND CITIES HEALTH DEPARTMENT 1207 OAK STREET a P. O. BOX 95 • PHONE 938-7221 TEXAS STATE DEPARTMENT OF HEALTH GALVESTON COUNTY Mayor Edward F. Stuart City of Friendswood : 109 Willowick Friendswood;.Texas - Dear Mayor Stuart: LA MARQUE, TEXAS 77568 CITIES KEMAH TEXAS CITY LA MARQUE -, HITCHCOCK LEAGUE CITY FRIENDSWOOD CLEAR LAKE SHORES WC&ID No. 1. DICKINSON January 13, 1972 We are in receipt of your letter of January 5, 1972 in which you requested that we act as the enforcement agency for the City. -of Friendswood in the enforcement of Senate Bill 835 which directs that the cities of 5000 or over submit a water pollution control plan for that city. In line with this request We submit the following plan -of activities in which we will engage in in the enforcement of this legislation. Briefly, our plan will be as follows: 1. Carry on a continuous program of: promoting and encouraging sewer line extensions as the land occupancy makes it feasible. 2. Continuo our program of requiring connections to sewers as they -become available. 3. Discontinue and discourage the use of septic tanks whenever and wherever possible. 4. Supervise the installation of any .septic tank that is permitted to be installed. 5. Continue to provide and promote training facil- ities and schools for the purpose of making wastewater plant operators more proficient in their jobs. 6. Assist in the enforcement of existing plumbing ordinances and enforce the sewer connection ordinance. 0 7. Initiate a sampling program for regular samples to be collected at designated locations. 8. Prepare a map of all discharges from the City of Friendswood on which will be designated sampling points. 9. Use all necessary,means to trace and eleminate sources of pollution. 10. Enforce state and local regulations covering water pollution. 11. Act as consultants to the City Administration and its' department heads in the interest of all phases of water pollution control. 12. Coordinate program with State Health Department and Texas Water Quality Board Gulf Coast Waste Disposal Authority and others. This, in general, has been our program and we shall continue to serve the city in this capacity. Please call upon us when you feel that we can be of service. pproved: Jack to henson, Administrator By • J Guy K. Wilkinson, R.S., Chief Sanitarian WK/GKW:car Sincerely,/ F Walter Kemmerer, M.D.M,.P.H. Director 0 cc:. Texas Water Quality Board, Austin .Texas Water Quality Board, Deer Park