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Home My WebLink AboutCC Minutes 1985-03-18 Regular 297 REGULAR MEETING FRIENDSWOOD CITY COUNCIL MARCH 18, 1985 MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MARCH 16, 1985 AT CITY HALL AT 7 : 00 PM WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: , MAYOR RALPH LOWE COUNCILMAN BRUCE BRANHAM � COUNCILMAN LEON BROWN COUNCILMAN JAN JORDAN COUNCILMAN EVELYN NEWMAN COUNCILMAN PAUL SCHRADER COUNCILMAN BOB WICKLANDER CITY ATTORNEY JOHN OLSON ACTING CITY MANAGER MELVIN MEINEKE CITY SECRETARY DELORIS MCKENZIE-PONDISH O INVOCATION WAS GIVEN BY DAVID 0'FARRELL. � MAYOR LOWE ANNOUNCED THAT LAST THURSDAY COUNCILMAN JORDAN AND � HIMSELF ATTENDED A MEETING WITH THE CORP5 OF ENGINEERS REGARDING W UPDATE ON CLEAR CREEK FUNDING. C(3UNCILMAN JORDAN REPORTED THE (j] LOCAL SHARE OF THE CLEAR CREEK PR03ECT WOULD SE SOME $42 MILLION Q WHICH HAS TO BE PRCIVIDED FOR ON A LOCAL BASIS UP FRONT BEFORE FEDERAL FUNDS WOULD BE SPENT. COUNCILMAN JORDAN STATED IT WAS A BIT DISCOURAGING TO HEAR SINCE THERE WAS NO REAL GOMMITMENT FROM THE FEDERAL GW ERNMENT BEYOND WHATS IN THIS YEAR5 BUDGET, YET THEY WANT TO SEE ALL OF THE LOCAL SHARE COMMITTED FOR. THE OTHER THING DISCUSSED WAS THAT UNDER THE CURRENT GUIDELINE FOR FEDERAL FUNDING THEY DID NOT MAKE ANY PRCJVISIONS FOR WORK IN KIND, MEANING IF THE CITY WAS TO GO AHEAD AND DO SOME WORK, CLEARING, SURVEYING, DIGGING OR WHATEVER, THERE ARE NO PRCJVISIONS PRESENTLY I TO BE CREDITED AGAINST OUR LOCAL SHARE. COUNCILMAN JORDAN STATED , THAT THIS WOULD BE VERY IMPORTANT THAT WE BE ALLOWED TO COUNT THAT TYPE OF LOCAL PARTICIPATION AND THIS IS ONE OF THE THINGS THEY HOPE TO DO IN WASHINGTON IS TO INTRODUCE THEM TO THE CONCEPT OF WORK IN KIND IS WORTH CASH . MAYOR LOWE STATED THAT THE NEGATIV E SIDE OF THIS IS THAT $42 MILLION DOLLARS IS A LOT OF MO1�EY TO BRAZORIA, HARRIS AND GALV ESTON COUNTY TO COME UP WITH . BRAZORIA DOES NOT THINK THEY CAN RAISE THEIR PORTION OF THE BOND ISSUE NOR DOES GALV�STON COUNTY THINK THEY CAN AND HARRIS COUNTY DID NOT ATTEND THE MEETING WHICH LOOKS LIKE THEY ARE TAKING A WANING OF INTEREST IN CLEAR CREEK. MAYOR LOWE REPORTED THE SECRETARY OF ARMY WOULD HAV E SOME INFLUENCE ON WORK IN KIND ACCORDING TO THE CORP OF ENGINEER INTERPRETATION AND AGREED TO MEET WITH FRIENDSWOOD REPRESENTATIV E TO DISCUSS CLEAR CREEK ON APRIL 4 AT 9:0� AM IN WA5HINGTON. JUDGE HOLBROOK WILL MEET WITH THE CORP OF ENGINEERS ON WEDNESDAY AND HOPE TO CHANGE THEIR WAY OF THINKING ON WORK IN KIND. THE $42 MILLION REPRESENTS 35$ OF $120 MILLION FOR THIS PROJECT. MAYOR LOWE REPORTED THAT LARRY SPECK WA5 IN TOWN SATURDAY AND HAD A DISCUSSION WITH HIM AND HE INVITED LARRY SPECK TO THE COUNCIL MEETING NEXT MONDAY MARCH 25 TO REACH SOME CONCLUSION ON THE SWIMMING POOL AND THE OTHER MATTERS AT HAND. COUNCIL HAD NO OBJECTIONS TO THIS MEETING. � COUNCILMAN SCHRADER STATED HE HAD RECEIV ED SOME COMPLAINTS I REGARDING THE WATER STAINING CLOTHES AND REQUESTED THE CITY MANIAGER LOOK INTO THIS MATTER PARTICULARLY HOMES ON THE DEAD END STREETS. , MIKE HARRIS REPRESENTING THE HOMEOWNERS FROM QUAKER BEND APPEARED BEFORE COUNCIL REGARDING SAFETY OF THE SEWER FACILITI�S AL(�NG E. CASTLEWOOD AND THE PRIVATE ROAD. A FUND HAS BEEN CREATED BY TEN PROPERTY OWAIERS FOR ROAD TOPPING AND ARE REQUESTING HELP FROM THE CITY ENGINEER ABOUT WAHT TO DO REGARDING ALIGNMENT TO PROPER RIGHT OF WAY AND IMPROV EMENT FOR QUAKER BEND. COUNCILMAN •298 WICKLANDER 5TATED THAT MAYOR LOWE AND HIMSELF HAD MET WITH THESE HOMEOWNER5 ON THESE ITEMS AND THAT ONE OF TAE MOST UNIQUE THINGS TO COME OUT OF THI5 MEETING WA5 THE HOMEOWNERS WILLINGNESS TO FUND SOME OF THE ACTIVITIES NEEDED. COUNCILMAN WICKLANDER FELT THERE WAS SOME DRAINAGE AND ENGINEER FUNDS AVAILABLE TO WORK ON THESE AREAS AND REQUESTED THE CITY ENGINEER AND THE PUBLIC WORKS _ DIRECTOR TO LOOK AT CORRECTING THE DRAINAGE IN THIS AREA. MR. ALAN BAUER, WITH GENERAL HOMES APPEARED BEFORE COUNCIL TO DISCU5S WILDERNESS TRAILS TOT PARK, WHICH IS A 90 X 130 .F'OOT LOT • ,, OUT OF WILDERNESS TRAILS WHICH WAS DESIGNATED AS A CITY PARK IN THE DEED RESTRICTION5. DUE TO THE FACT THAT THE CITY D�ES NOT WANT A PARK OF THIS 5IZE AND HAD NEVER ACCEPTED, THE HOMEOWN�RS � ' A5SOCIATION REPRESENTED BY ROCKY EVINTO STATED THEY WERE WILLING TO ACCEPT THIS PARK IF THIS WAS ACCEPTABLE TO THE CITY. **MOTION WAS MADE BY COUNCILMAI�1 NEWMAN TO AUTHORIZE THE MAYOR TO ��Ia� FARKFY SUBJECT HTOEBEING CONFIRMEDNBYCTHEMCOTYIATTORNEYITHAT� THE PARK WAS NOT ACCEFTED BY THE CITY AT THE TIME THE PLAT WAS ACCEPTED. SECONDED BY COUNCILMAN JORDAN. MOTION APPROVED UNANIMOUSLY. MOTION WAS MADE AND SECONDED TO APPRCIVE MINUTES OF REGULAR MEETING OF JANUARY ? AND SPECIAL MEETING OF JANUARY 14, 1985 AS PRESENTED. MR. JOYNER WAS NOT ABLE TO ATTEND THIS MEETING AS PROPOSED AND REQUESTED TO BE PLACED ON THE APRZL 1, 1985 AGENDA TO GIV E AN UPDATE ON COLLECTION OF DELINQUENT TAXES. COUNCILMAN WICKLANDER PRESENTED DETAILED PLANS FOR RECONSTRUCTION OF SUNSET DRIVE WITH THE PROPOSED STARTING DATE OF MAY 15 AND TH� PROPOSED COMPLETION DATE OF AUGUST 15 FOR PHASE ONE FROM FM 2351 TO CASTLEWOOD AND PHASE TWO TO BEGIN �CTOBER 1 FROM CASTLEWOOD TO FM 528. **MOTION WAS MADE BY COUNCILMAN WICKLANDER TO AUTHORIZE THE CITY , C'�J�S MANAGER T0 GO OUT FOR BID5 FOR RECONSTRUCTION OF SUNSET DRIV E 1 FROM FM 2351 TO 177 FEET WEST OF CASTLEWOOD. SECONDED BY COUNCILMAN SCHRADER. MOTION APPRCIVED UNANIMOUSLY. DISCUSSION WAS HELD REGARDING POS5IBLE AMENDMENT TO ORDINANCE #12$ - PARKING C7VERNIGHT WITFi MAYOR LOWE ASKING CITY ATTORNEY TO AI7VISE IF THIS ORDINANCE IS VAGUE AND UNENFORCEABLE. THE CITY ATTORNEY ADVI5ED THAT SINCE "C7VERNIGHT PARKING" IS NOT DEFINED THAT COUNCIL SHOULD CONSIDER AMENDING THE ORDINANCE TO SET OUT SPECIFIC HOURS IN ORDER THAT IT CAN BE ENFORCED. CITY ATTORNEY A17VISED THE POLICE DEPARTMENT SHOULD CONSIDER NOT ISSUING TICKETS UNDER "ALL NIGHT PARKING" PORTION OF THE ORDINANCE UNTIL MORE DEFINED AND NOT UNCONSTITUTIONALLY VAGUE. **MOTTON WAS MADE BY COUNCILMAN JORDAN TO CLARIFY ORDINANCE 128-A BY AMENDING ORDINANCE 128-A BY REPEALING THE PORTION "C7VERNIGHT PARKTNG" AND TO PRC7VIDE THAT PARKING SHALL BE PROHTBITED FROM 2 :00 AM TO 5:00 AM WITH TWO EXCEPTIONS, PHYSICIANS ON EMERGENCY CALL AND HARDSHIP CASES TO BE HANDLED BY A 30 DAY PERMIT TO BE ADMINISTERED BY THE CITY MANAGER. THE CITY MANAGER AND CHIEF OF POLICE ARE ALSO REQUESTED TO EVALUATE THESE HOURS AND PROVISIONS AND PRCIVIDE THEIR COMMENTS DURING EITHER FIRST OR SECOND READING OF THE AMENDMENT AND TO AUTHORIZE PREPARATION AND POSTING OF THIS AMENDMENT FOR FIRST READING ON APRIL 1ST. SECONDED BY COUNCILMAN SCHRADER. MOTION APPROVED. MAYOR LOWE OPPOSED. THE CITY ATTORNEY WILL ADVTSE THE CITY MANAGER, CH�EF OF POLICE AND CITY PROSECUTER THE ENFORCABLILITY OF ORDINANCE 128-A. **MOTION WAS MADE BY COUNCTLMAN JORDAN TO AMEND THE SIGN �� ANDINAUTHORIZEPRTHEDORDOINANCEDTO BENWRITTENSANDIPOSTED FORTRFIRST READING. SECONDED BY COUNCILMAN NEWMAN. MOTION APPRCIVE UNANIMOUSLY. 2 299 ,..,.,P•; ., � ,. ,:t . .. „ • DISCUSSION WAS HELD REGARDING EXECUTION OF AGREEMENT BETWEEN THE CITY AND EXXON FOR PIPELTNE ADJUSTMENTS ON FM 528 WITH THE CITY ATTORNEY AD�VISING THIS AGREEMENT SHOULD NOT BE EXECUTED AT THIS TTME ALLOWING FOR THE CITY MANAGER TO CONTACT MR. STEVE HOEME WITH EXXON TO CHECK THE COST ESTIMATE AS IT SEEMS EXTREMELY HIGH. DI5CUSSION WAS HELD REGARDING FORMAT OF NEW UTILITY BILLS WITH THE ACTING CITY MANAGER ADVI5TNG THEY WERE GOING TO BE ORDERING . ., 75,000 BILLS IN ORDER TO TAKE ADVANTAGE OF A PRICE BREAK AND TF COUNCIL WOULD LIKE TO PUT A PERMANENT MESSAGE A DECISION Tn10ULD ; NEED TO BE MADE AS SOON AS POSSIBLE. COUNCIL QUESTIONED WHY THE NEW COMPUTER SYSTEM COULDN 'T BE UTILIZED TO PRINT AND CHANGE MESSAGES? COUNCIL ALSO QUESTIONED WHAT KIND OF A PRICE BREAK FOR 75, 000 AND WHERE WERE ALL OF THESE BILLS GOING TO BE STORED? COUNCIL STATED THEY WERE OPPOSED TO THE BUILT IN .50 CENT VOLUNTARY DONATION. COUNCTL REQUESTED THIS INFORMATION BE COMPILED AND BROUGHT BACK TO THEM AT A LATER DATE. . ��A� �--�, " **MOTION WAS MADE BY COUNCILMAN SCHRADER TO APPRCIVE REQUEST FOR �r��/g�. 1r'' PERMIT BY EXXON COMPANY, U.S.A. TO DRILL WEBSTER FIELD UNTT WELL N0. 3823, CITY OF FRIENDSWOOD, HARRIS COUNTY, TEXAS. `*"".'r°"`` � SECONDED BY COUNCILMAN NEWMAN. MOTION APPRC7VED UINANIMOUSLY. � CU **MOTION WAS MADE BY COUNCILMAN SCHRADER TO APPRC7VE SECOND �j,J READING OF ORDINANCE T85-7 , AN ORDINANCE OF THE CITY OF � FRIENDSWOOD AMENDING ORDINANCE N0. 84-15 PASSED AND APPRC1�lED AS Q OF NWEMBER 19, -'1'984, AND KNOWN 'AS` THE Z�ONING ORDINANCE OF THE CITY, BY CHANGING THE ZONING OF CERTAIN PARCELS OF LAND KNOWN AS EXXON'S R.D. HADEN WELL N0. 20, 21 AND 22 . SECONDED BY COUNCILMAN BRANHAM. MOTION APPRW ED. COUNCTLMAN JORDAN OPPOSED. **MOTION WAS MADE BY COUNCILMAN SCHRADER TO APPRaVE SECOND READING OF ORDINANCE T85-8, AN ORDINANCE OF THE CITY OF FRIENDSW�OD GRANTING A SPECIFIC USE PERMIT AUTHORIZING THE U5E � EXXON'S R.D. HADEN WELL N0. 'S 20, 21 AND 22 IN THE CZTY OF FRIENDSWOOD, TEXAS, A8 SPECIFIC USE—OIL AND GAS EXTRACTION; PRCNIDING CONDITIONS FOR THE GRANTING OF SUCH SPECIFIC USE PERMIT; AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE 84-15� PASSED AND APPRqVED ON NCIVEMBER 19, 1985; CONTAINING OTHER PRpVISIONS RELATING TO THE SUBJECT, WITH ADMENDMENT AS PRESENTED BY THE CITY ATTORNEY. SECOND�D BY COUNCILMAN WICKLANDER. MOTION APPR(7VED. COUNCILMAN JORDAN OPPO5ED. **MOTION WAS MADE BY COUNCILMAN NEWMAN TO AUTHORIZE THE CITY ,,., ENGINEER TO PREPARE A STUDY FOR SEWER SERVICE FOR THE AREA OF S�I �c� CASTLEWOOD, MILLS, MCIRPHY AND BRIARMEADOW BETWEEN GREENBRI`AR'AND�" ' SUNSET FOR ADEQUATE SEWERAGE FOR THE DEVELOPMENT OF THI5 AREA. SECONDED BY COUNCILMAN 5CHRADER. MOTION APPRCJVED UNANIMOUSLY. IT WAS THE CONSENSUS OF COUNCIL THIS STUDY SHOULD NOT EXCEED $500.00 . ,. „ • � � ... , MAYOR LOWE EXPRESSED HIS CONCERN WITH THE CONTRACT FOR SUPPLEMENTAL AGREEMENT #1 FOR. BLACKHAWK EXPANSION PHASE II WHICH WAS APPROVED FOR EXECUTION AFTER ATTORIVEY TOM LAY REVIEWED. MAYOR LOWE STATED HE WAS CONCERNED WITH THE WORDING "OWNED" AND FEELS THE CONTRACT SHOULD NOT BE EXECUTED UNTIL THIS WORD I S REMOV ED. **MOTION WAS MADE BY COUNCILMAN WICKLANDER TO AUTHORIZE THE MAYOR �� "NOT" TO EXECUTE THE CONTRACT FOR SUPPLEMEN,�AL AGREEME.NT _�.l __FOR _,._ BLACKHAWK EXPANSION PHASE II UNTIL THE WOF� '"OWNED" TS REMCIVED, SECONDED BY COUNCILMAN NEWMAN. MOTION APPRCIVED UNANIMOUSLY. DI5CUSSION WAS HELD REGARDING CONSTRUCTION OF THE ELEV ATED STORAGE TANK5 BY SERVICE ENTERPRISE WITH THE CITY ENGINEER REPORTING HE HAD TALKED TO BOB GISH OF SERVICE ENTERPRISE AND HE STATED THE BONDING CC?MPANY WAS DRAGGING THEIR FEET AND FELT IF THE CTTY FILED SUIT IF MIGHT HELP, IF NOT IT COULD BE MANY MONTHS 3 II � 300 RESOLVING THIS MATTER. COUNCIL REQUESTED THE CITY ENGINEE� REVIEW THIS MATTER AND BRING BACK A PROPOSAL FOR CITY COUNCIL. ' COUNCILMAN WICKLANDER LEFT THE COUNCIL CHAMBERS AT THIS TIME. **MOTION WAS MADE BY COUNCILMAN NEWMAN TO APPRUVE THIRD AND FINAL READING OF ORDINANCE T85-4, AMENDING ORDINANCE N0. 84-15 PAS5ED AND APPR(7VED AS OF NCJVEMBER 19, 1984, AND KNOWN AS THE ZONING ORDINANCE OF THE CITY, BY CHANGING THE ZONING OF CERTAIN PARCEL5 OF LAND KNOW"N AS LOWE TRACT V ENTURE, W.F. MITCHELL TRUSTEE. , y SECONDED BY COUNCILMAN JORDAN. MOTION APPRC7VED UNANIMOUSLY. **MOTION WAS MADE BY COUNCILMAN 30RDAN TO AP�RC7VE SECOND READING OF ORDINANCE T85-6, AN ORDINANGE AM�NDING �ITY OF FRIENDSWOOD, TEXAS, QRDINANCE $4-15, AS AMENDED� PASSED AND APPROVED THE 19TH DAY OF NC�VEMBER, 1984, AND BEING THE ZONING ORDINANCE, BY ADDING TO PARAGRA.PH 16 ' e OF SUBSECTfi0It1 "�I�" OF""`aECTTON 8" OF A NEW SUBPARAGRA.PH C; PROVIDING FOR OFF'—PREMSSE DIRECTIONAL STGNS FOR DEVELOPMENTS LOCATED IN SFR, MFR—L, MFR—M AND MFR—H DISTRICTS; MAKING CERTAIN FINDINGS PROVIDING FOR SEU ERABILITY; PRW IDING FOR A PENALTY. SECONDED BY COUNCILMAN BRANHAM. MOTION APPRt7VED. COUNCILMAN SCHRADER OPPOSED. **MOTION WAS MADE BY C�UNCILMAN JORDAN TO APPRCN E ORDINANCE 85-9 AMENDING CITY OF..FRIENDSWOOD.,....,.TEXAS...ORDZNANCE NO. 84-1.8� PAS�ED AND APPRW ED SEPTEMBER 10, 1984, AND BETNG AN ORDINANCE APPR(7VING AND ADOPTING THE CITY'S GENERAL BUDGET F'OR FTSCAL YLAR 1984-85; PROVIDING AMENDMENTS TO 5UCH BUDGET; AND PROVIDTNG OTHER MATTERS RELATED TO THE SUBJECT. SECONDED BY COUNCILMAN BRANHAM. MOTION APPROVED UNANIMOUSLY. **MOTION WAS MADE BY COUNCILMAN BROWN TO APPRt7JE AUTHORIZATION TO 5,��$�r EXECUTE INTERLOCAL CONTRACTUAL AGREEMENT WITH GALV ESTON COUNTY FOR ROAD WORK ON F N E STREETS IN FRZENDSWOOD. SECONDED BY COUNCILMAN NEWMAN. MOTION APPRCIVED UNANIMOUSLY. COUNCILMAN WICKLANDER RETURNED TO THE COUNCIL CHAMBERS AT THIS � TIME. **MOTION WAS MADE BY COUNCILMAN SGARADER TO APPRW E PAYMENT OF CHECKS AS PRESENTED FROM THE GENERAL FUND, WATER & SEWER FUND, WATER & SEWER CONSTRUCTION FUND, DEBT SERV ICE FUND AND REV E1�IUE SHARING FUND. c ,,, , . : r . .�„ "„� . ,. SECONDED BY COUNCILMAN JORDAN. MOTION APRCJVED UNANIMOU5LY. COUNCILMAN NEWMAN ASKED IF THE CITY ENGINEER HAD INFORMATION AVAILABLE REGARDING FIRE HYDRANTS FOR THE STATE INSURANCE BOARD WITH THE CITY ENGINEER ADVISING THE CITY MANAGER HAD THAT INFORMATION. COUNCIL CONVENED IN EXECUTN E SESSION ACCORDING TO TEXAS OPEN MEETINGS LAW ARTICLE 6251-17 , TEXAS V ERNONS CIVIL STATUTES (e) PENDING LITIGATI�N. " - � COUNCIL RECONVENED IN OPEN SESSION WITH NO ACTION TAKEN. MOTION WAS MADE AND SECONDED TO ADJOURN AT 10:20 PM. MAYOR LPH L. LOWE . � DEL RIS MCKENZ PONDISH CITY SECRETARY ��.��,�. , , . .. � � , , . 4