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HomeMy WebLinkAboutCC Minutes 1986-09-22 Regular � 133 REGULAR MEETING FRIENDSWOOA CITY COUNCIL SEPTEMBER 22 , 1986 MINUTES OF A R EGULA R MEETING OF THE FRIENDSWOOD C ITY COUNC IL THA T WAS HELD ON SEPTEMBER 22, 1986 AT CITY HALL AT 7 : 00 PM WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR RALPH L . LOW� MAYOR PRO-TEM JAN JORDAN COUNCILMAN JIi�I HARRELL COUNCILP9AN ' PHYLLIS LEE COUNCILMAN EVELYPI NEWMAN COUNCILr9AN JOE PRIHODA COUNCILMAN BOB WICKLANDER CYTY ATTORNEY JOHN OLSON ACTING CITY MANAGER MELVIN MEINECKE ADMINISTRATIVE ASSISTANT BOBBIE HENRY CITY SECR�TARY DELORIS MCKENZIE T'I INVOCATION WAS GIVEN BY BQB BAKER, MEN� S COMMUNITY PRAYER (� BREAKFAST GROUP. � MAYOR LOWE ANNOUNCED HE PARTICIPATED IN CEREMONIES EMCEEA BY RON � STONE AT SAN JACINTO SOOTH HONORING DOCTOR PARKER WILLIAMS. m CC MAYOR LOWE ANNOUNCED THE BATTLESHIP TEXAS FUND RAISING BALL WHICH WAS SPONSORED BY SENATOR CfiET BRdOKS WAS ATTENDED BY APPROXIMATELY 300 SUPPORTERS. I�AYOR LOWE ANNOUNCED CONGRESSMAN CANDIDATE LISA DOPERIER SPOKE AT THE CHAMBER OF COMMERCE GENERAL MEETING LAST THURSDAY AND CONGRESSMAN JACK BRflOKS WILL BE THE GUEST SPEAKRR IN OCTOBER FOR THE CHAMBER l9EETING . MAYOR LO�dE ANNOUNCED THAT HE ATTENDED A HIEETING WITH P4AYOR WHITf9IRE, JON VANDEN BOSCH, PUBLIC WORKS DIRECI'OR FOR HOUSTON, COUNCILMAN PRIHODA AND COUNCILMAN WICKLANDER REGARDING THE SURFACE WATER PLAN. MAYOR WHITP9IRE STATED THE CITY OF HOUSTON IS � INTERESTED IN THE PROPOSED PLAN FOR CITIES TO BORROW FUNDS FROM TEXAS WATER COt4MISSION TO PAY UP FRONT FOR CAPACITY IN THE ELLINGTON WATER PLANT UNDER CONSTRUCTION AT TfiIS TII�9E. r4AY0R WHITMIRE STATED SHE WOULD SEND A LETTER THIS WEEK STATING THE CITY OF HOUSTON IS INTERESTED IN ENTERING INTO THIS TYPE OF AGREEMENT. MAYOR LOWE READ A LETTER FROM THE WHITE HOUSE SPECIAL ASSISTANT TO THE PRESIDENT FOR INTERGOVERMNENTAL AFFAIRS REGARDTNG THE REORGANIZATION OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION. DON I�ICHOLAS AND STEVE SANSTEDT WITH SOUTH SHORE HARBOUR APPEARED BEFORE COUNCIL TO PRESENT A PRQPOSAL FOR FRIENDSWOOD TO JOIN THE "CLEAR LAKE ECONOMIC DEVELOPMENT FOUNDATION" . COUNCIL STATFD THEY FlOULD LIKE TO PARTICIPATE AND BE A PART OF THIS PROJECT AND RE(�UESTED THE CITY ATTORNEY REVIEW IF THE CITY COULD J.OIN THIS ORGANIZATION. JACK BRIDWELL, CHAIRAfAN OF THE CHAMBER OF COMMERCE ECONOPRIC DEVELOPMENT COMMITTEE STATED HE ENDORSED THE CITY JOINING THE CLEAR LAKE ECONOMIC DEVELOPMENT FOUNDATI�N AND REPORTED HE MET TODAY WITH MAYOR LOWE, REPRESENTATIVE FROP� HOUSTON GALVESTON AREA COUNCIL AND HUD/TSO TO DISCUSS AN ECONOMIC DEVELOPMENT STUDY FOR FRIENDSWOOD. DICK HAKEN, REPRESENTING THE ELECTRICAL BOARD COMMITTEE PRESENTED A REVISED ELECTRICAL ORDINANCE FOR COUNCIL REVIEW AND INTRODUCED THE MEMBERS OF THIS BOARD WHO HAVE WORKED ON THESE CHANGES FOR ALMOST ONE YEAR. COUNCIL THANKED THIS BOARD FOR THE MANX HOURS PUT INTO REVISING THIS DOCUMENT AND REQUESTED THE CITY ATTORNEY TO REVIEW THIS DOCUMENT. 1 134 * �MOTIOtJ WAS MADE BY COUNCILMAN WICKLANDER TO APPROV� RESOLUTION � R86-15, AUTHORIZING THE MAYOR TO EXECUTE AND TfiE CITY SECRrTAAY TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF FRIENDSWOOD AND � THE CITY OF LEAGUE CITY. TEXAS PROVIDING FOR THE APPORTIONriENT OF EXTRATERRITORIAL JURISDICTION AND THE EXCHANGE OF CFRTAIN TERRITORY , PURSUANT TO THE CITY ENGINEERS REVIEW OF THE METFS AND BOUNDS AS PROPOSED . SECONDED BY COUNCILMAN NEWMAN. MOTION APPROVED UNANIMOUSLY . 1aO **MOTION WAS MADE BY COUNCILMAN NEWMAN TO AUTHORIZ� GOING OUT FOR �" ���p BIDS TO ENCLOSE STORM SEWER DITCH ALONG MERRIEWOOD TO THE BEND. SECONDED BY COUNCILMAN JORDAN. MOTION APPROVED UNANIMpUSLY . ; ACTING CITY MANAGER STATED THERE WAS $50, 000 IN THE DRAINAGF BUDGET THAT WAS DESIGNATED FOR THE DRAINAGE DISTRICT THAT COULD BE RE-ALLOCATED TO FUND THIS PROJECT. COUNC ILMAN JORDAN AND COUNCILMAN PRIHODA WILL MEET WITH THE DRAIPIAGE DISTRICT TO PRESENT THIS PROPOSAL AND WILL REPORT BACK TO THE COUNCIL . DISCUSSION WAS HELD REGARDING THE HUMANE FACILITIES LOCATED AT PUBLIC WORKS WITH DEVELOPER JACK FIELDS, HOMEOWNERS AND BUILDERS REQUESTING THE CITY RELOCATE THE HUMANE FACILITIES DUE TO THE DEVELOPMENT OF TIMBERFIELD ESTATES. IT WAS AGREED BY COUNCIL FOR THE MAYOR TO APPEAR BEFORE ALVIN CITY COUNCIL TO REQUEST THE CITY TO ENTER INTO A 90 DAY TRIAL BASIS AGREEMENT TO ALLO�ri THE ANIMALS FROM FRIENDSWOOA BE HOUSED IN THEIR FACILITIES. KIM REED , OWNER OF REED ' S RESTAURANT APPEARED BEFORE COUNCIL TO ADVISE HE HAS APPLIED TO THE STATE LIQUOR CONTROL BOARD FOR A PRIVAT� CLUB LICENSE IN ORDER TO SERVE BEER AND WINE TO HIS CUSTOMERS. MR. REED STATED HE JUST WANTED TO ADVISE COUNCIL OF HIS PLANS BECAUSE HE HAD HEARD THERE WAS SOi�E OBJECTIONS TO THIS PROPOSAL. DISCUSSION WAS HELD REGARAING THE REQUEST FOR REZONING BY LINDA PRODUCTION FOR PROPERTIES LOCATED NORTH OF MELODY LAND ANn WFST OF FM 2351 FROM SINGLE FAMILY RESIDENCE TO SPECIFIC USE-OIL/GAS , WELLS KNOWN AS EXXON HATTEN N0. 1 ( 5 ACRES) AND JONES N0. 1 ( 5 ACRES) . A TELEPHONE M�SSAGE RECEIVED THIS DATF BY THE CITY SECRETARY FROM BILL ELLIS, VICE-PRESIDENT AND TRUST OFFICER FOR REPUBLIC BANK-DALLAS WAS READ INTO THE RECORD STATING THAT THE LEASE WITH LINDA PRODiJCTION WAS SIGNED ON MARCH 3 , 1986 AND EXPIRED SEPTEMBER 3 , 1986 . MR. ELLIS STATED REPUBLIC }3ANK OF DALLAS TRiJSTEES IS OPPOSED TO ANY SPECIAL USE PERMIT FOR OIL/GAS WELL DRILLING ON THE JONES PROPERTY COVERED BY THIS LF.ASE AND THAT NO EXTENSION WILL BE GIVEN TO LINDA PRODUCTION ON THIS LEASE. MR. ELLIS STATEA HE WOULD SEND A LETTER TO THE CITY CONFIRA9ING THIS CONVERSATION. / ��� ��'MOTION WAS MADE BY COUNCILMAN WICKLANDER TO TABLE DISCUSSI4N OF $�p THIS REZONING REQUEST BY LINDA PRODUCTION FOR SPECIFIC USE PERMIT FOR OIL/GAS WELL DRILLING IN ORDER TO RECEIVE ADVISE FROM THE CITY ATTORNEY IN EXECUTIVE SESSION UNDER LITIGATION. SECONDED BY COUNCILMAN LEE. MOTION APPROVED UNANIMOUSLY . MR. ALAN BAUER WITH GENERAL HOMES APPEARED BEFORE CUUNCIL TO RE- STATE GENEAAL HOMES OPPOSITION TO THIS REZONING REQUEST. � �Ip�, TOMOTGALVESTONMADCOUNTYoUAPPRAISALICREVIEWR BOARDNDOFNOTCiT�ATIO�F 'L� FRIENDSWOOD ' S ELECTION TO RECIND APPEAL OF CITIES CHALLENGE AS HERETOFORE DESCRIBED BY LETTER DATED AUGUST 19 , 1986 . SECONDED BY COUNCILMAN NEWMAN. MOTION APPROVED UNANIMOUSLY . G�� � #MOTION WAS MADE BY COUNCILMAN LEE TO APPROVE MAYOR LOW� ' S �° APPOINTMENT OF CAROL BRENNAN, RICHARD STAPP, FREDDIE P4USGROVE , ��� SANDRA RUINN, BRENDA ELISONDO, AND FRED NELSON AS NEW MEMBER.S TO THE 4TH OF JULY 3TEERIN(3 COMMITTEE AND C4NNIE STA(3NER, TOM ROBERTS AND BOB MEHNERT AS ALTERNATES. SECONDED BY COUNCILMAN JORDAN. MOTION APPROVED UNANIP�OUSLY. 2 � 135 DISCUSSION WAS HELD REGARDING THE 4TH OF JULY STEERING COM��ITTEE BY—LAWS WITH TIiE CITY ATTORNEY ADVISING COUNCIL TIIIS C�C4MITT�� IS SUBJ�CT TO THE OPEN MEETINGS ACT AND THAT AML'ND�9rNTS TO THE AY— LAWS SHOULD BE BY A VOTE OF COUNCIL . COUNCIL REQUESTED� TH� CHAIRMAN OP' THE COMMITTEE TO TAKE THE BY—LAWS BACK TO THE MEMBERS TO REVIEW THIS� CHANGE AND ADVISED THIS ITEM WILL BE ON THE NEXT AGENDA FOR ACTION BY COUNCIL . MAYOR LOWE ADDRESSED THE NEED FOR REACTIVATION AND APPOINTriENT OF THE PARKS AND RECREATTON BOARD DUE TO THE SWIMMING POOL NEARING• ,. COMPLETI�N. COUNCIL CONCURRED WITH MAYOR LOWE AND STATED THEY WOULD HAVE RECOMMENDATIONS FOR THE BOARD AT THE NEXT MEETING AND WILL REVIEW THE BY—LAWS RELATIVE TO TERMS OF SERVIP�G. JANIS LOWE , EXECUTIVE DIRECTOR OF CHAMBER OF COMP4ERCE ANNOUNCED THE CHAMBER MIXER WOULD BE AT THE SOIITH EAST MEMORIAL HOSPITAL LOCATED ON BEAMER ON TUESDAY, SEPTEMBER 23, 1986 . MAYOR LOWE LEFT THE COUNCIL CHAMBERS AT THIS TIME WITH MAYOR PRO—TEM JORDAN PRESIDING OVER THE MEETING . # +�MOTION WAS MADE BY COUNCILMAN WICKLANDER TO APPROVE AMENDMEI�T S"'{ OF CONTRACT WITH LARRY SPECK ' ASSOCIATES, INC. ARCHITECT FOR (� PROPOSED NEl�1 CITY HALL FROM 7 � TO 7 3 /4� BUT NOT TO EXCEED f� (� �93 ,000 . '� � SECONDED BY COUNCILMAN LEE. MOTION APPROVED UNANIMOUSLY . � DISCUSSION WAS HELD REGARDING AMENDING THE CONTRACT WITH BEST Q WASTE SYSTEMS, INC . FOR COLLECTION OF GARBAGE, TRASH AND OTHER REFUSE WI THIN THE CORPORATE LIt�lITS OF THE C ITY WI TH THE C ITY ATTORNEY ADVISING THE EFFECTIVE DATE FOR RATE INCREASE PREVIOUSLY APPROVED BY COUNCIL WILL BE NOVEMBER 1 , 1986 . CITY ATTORNEY ADVISED THIS WILL REQUIRE A RESOLUTION AiITHORIZING EXECUTION OF AGR EEMENT WI T$ EXHIBI TS WI TH N EW R ATE SCH EDU LE S AND A 0 RD INANC E TO PUT THIS RATE SCHEDULE INTQ FFFECT, MAYOR LOWE RETURNED TO THE GOUNCIL CHAMBERS AT THIS TII�IE AND PRESIDED OVER THE REP4AINDER OF THE MEETING . COUNCILMAN WICKLANDER DISCUSSED WITH COUNCIL A PROPOSAL FOR VOLUNTEER DRUG TESTING PROGRAM FOR EMPLOYEES AND VOLUNTE� R GROUPS FROM OCTOBER THRU DECEMBER, 1986 WITH NEW HIRES BEING P9ANDATORY FOR DRUG TESTING. MAYOR LOWE APP�INTED A COMMITTEE OF COUNCILMAN WICKLANDER, NEWS MEDIA AND CITY ATTORNEY TO WORK ON THIS PROPOSAL . ��MOTION WAS MADE BY COUNCILMAN JORDAN TO CALL A JOINT DOCKETED PUBLIC HEARING FOR A ZONING CHANGE REQUEST FROM COt�IMERCIAL—OBD TO RESIDENTIAL—SFR AT LOT 12, BLOCK 3 KNOWN AS FRIENDSWOOD�1 SUBDIVISZON LOCATED AT 807 CEDARWOOD FOR OCTOBER 16 , 1986 . t�7" SECONDED BY COUNCILMAN NEWMAN. MOTION APPROVED UNANIMOUSLY. '� �MOTION WAS MADE BY COUNCILMAN PRIHODA TO APPROVE AN ORDINANCE BE PREPARED AND A JOINT DOCKETED PUBLIC HEARING BE CALLED FOR� OCTOBER 16, 1986 FOR ZONING FOREST BEND SUBDIVISION. SECONDED BY COUNCILMAN JORDAN. MOTION APPROVED UNANII�lOUSLY. � *�MOTION WAS MADE BY COUNCILMAN NEWMAN TO APPROVE THIRD ,AND FINAL READING OF ORDINANCE T86-14 , AMENDING ORDINANC� N0. 84-15 PASSED AND APPROVED AS OF NOVEMBER 19, 198�, AND KNOWN AS THE ZONING ORDINANCE OF THE CITY , BY CHANGING THE ZONING OF CEATAIN PARCELS OF LAND LOCATED dN THE NORTH SIDE OF FM 528 BETWEEN "THE PARK " AND WINDING WAY FROM MULTI FAMILY AND COMMERCIAL TO SPECIFIC USE— PUD AS AMENDFD AS RECOMMENDED BY CITY ATTORNEY . SECONDED BY COUNCILMAN WICKLANDER. MOTION AP �ROVED UPdANIMOUSLY. � *MOTION WAS MADE BY COUNCILMAN JORDAN TO APPROVE THIRD AND FINAL READING OF ORDINANCE T86-16 , AUTHORIZING � THE EXECUTION AND DELIVERY OF A LEASE PURCHASE AGREEMENT; LEVYING A CONTINUING DIRECT ANNUAL AD VALOREM TAX, WITHIN THE LIAIITATIONS PRESCRIBED BY LAW, FOR THE PAYMENT OF LEASE PAYMENTS THEREUNDER; PLEDGING CERTAIN FUNDS, REVENUES AND TAXES TO THE PAYMENT OF THE LEASE OBLIGATIONS; APPROVING THE ASSIGNMENT OF SUCH LEASE PURCHASE 3 136 • AGREEMENT AND THE ISSUANCE OF CERTIFICATES OF PARTICIPATION OR ' OTHER EVIDENCC OF OWNERSHIP THEREIN THROUGH A TRUST CSTAF3LISH�D ' BY THE LESSOR OR OTHERWISE; AND RESOLVING OTHER t4ATTERS INCIllENT AND RELATED THERETO. � SECONDED BY COUNCILMAN HARRELL. MOTION APPROVED UNANIMOUSLX . � *MOTION WAS MADE BY COUNCILMAN HARRELL TO APPROVE THE CONSENT AGENDA FOR PAYMENT OF CAPITAL PROJECTS AS PRESENTED. SECONDED BY COUNCILMAN JOADAN. MOTION APPROVED I} NANIMOUSLY . MINUTES OF REGULAR MEETING OF AUGUST 4 , 1986 WERE APPROVED AS PRESENTED. ACTING CITY MANAGER REPORTED WATER' WELL ��5 GENERATOR WIRING IS COMPLETE AND THE GENERATOR HAS BEEN PAINTED. THE BOX CULVERT ON COWA RD ' S CR EEK DR IVE IS 0 NE HALF COriPLE TE. THE COU NTY HA S COMPLETED THEIR PORTION OF THE STREET PROGRAM. THE ASPHALT OVERLAY PROGRAM BIDS WILL BE IN TOMORROW . THE FOREST BEND PARK LANDSCAPING IS APPROXIMATELY 99� COMPLETE. THE OXFORD WATER LINE HAS BEEN COMPLETED . TOWNES ROAD WATER LINE CHANGE ORDER HAS BEEN ISSUED. THE SWIMMING POOL ZS APPR07{IMATELY 85 TO 90� COP9PLETE. COUNCIL CONVENED IN EXECUTIVE SESSION ACCORDING TO TEXAS OPEN MEETINGS LAW ARTICLE b252-17 , TEXAS VERNONS CIVIL STATUTES ( e) LITIGATION ( g) PERSONNEL. COUNCIL RE-CONVENED IN OPEN SESSION WITH THE FOLLOWING ACTION BEING TAKEN. DISCUSSION WAS HELD PRIOR TO CONSIDERATION OF ORDINAAICE T86-19 WITH COUNCILMAN JORDAN URGING COUNCIL TO VOTE . AGAINST TFjE PROPOSED ORDINANCE FOR A NUMBER OF REASONS, INCLUDING THE INFaRMATION R�CEIVED THIS EVENING SUBJECT TO VERIFICATION, THAT THE APPLICANT REQUESTING THE REZONTNG NO LONGER HAS AN OWNERSHIP IN THIS PROPERTY THEREFORE THEY ARE NO LONGER ELIGIBLE TO REQUEST THIS REZONING. COUNCILMAN JORDAN STATED SHE IS OPPOSED TO THIS REZONING FOR SEVERAL� REASONS, THE UTILITIES IN THE AREA , SPECIFICALLY THE SANITARY SEWER, WERE OVERSIZED MANY YEARS AGO USING F�DERAL FUNDING TO PREPARE FOR SINGLE FAMILY DEVELOPMENT OF THIS AREA. SECONDLY, THIS REZONING REQUEST IS INCONSI5TENT WITH THE PLANNING AND ZONING OF THIS CITY AT THIS TIME TO BE DEVELOPED AS RESIDENTIAL AND THAT THE INSTALLATION OF OIL WELLS IN THE AREA WOULD BE DETRIMENTAL TO THE DEVELOPMENT AND THIRDLY, IT WOIILD BE NEGATIVE TO THE TAX BASE AS THE DEVELOPMENT OF THE SINGLE FAMILY DEVELOPMENT WOULD DEGENERATE AND WOULD ALSO AFFECT TfiE REVENUE FROM TAP FEES FOR WAT�R AND SEWER AS WELL AS PROPERTY TAXES. � �MOTION WAS MADE BY COUNCILMAN LEE TO APPROVE FIRST READING OF ORDINANCE T86-19 , AN ORDINANCE OF THE CITY OF FRIENDSWOOD � �� � AMENDING ORDINANCE 84- 15, PASSED AND APPROVED AS OF NOVEMBFR 19, 1984 , AND KNOWN AS THE ZONING bRDINANCE OF THE CITY, BY CHANGING THE ZONING OF CERTAIN PARCELS OF LAND LOCATED NORTH OF MELODY LANE AND WEST OF FM 2351 FROM SINGLE FAMILY RESIDENCE TO SPECIFIC DSE-OIL/GAS WELLS KNOWN AS EXXON HATTEN N0. 1 ( 5 ACRES AND JONES N0. 1 ( 5 ACRES) . SECONDED BY COUNCILMAN HARRELL. MOTION FAILED 7-� . MOTION WAS MADB, SECONDED AND APPROVED TO ADJOURt3 AT 9 : 59 PM. , � � -° � � MAYOR I� PH L. LOWE . � DELOR S MCKENZI CITY SECRETARY 4