HomeMy WebLinkAboutCC Minutes 1989-07-24 Regular REGULAR MEETING
FRIENDSWOOD CITY COUNCIL
JULY 24 , 1989
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT
WAS HELD ON JULY 23 , 1989 AT CITY HALL AT 7 : 00 PM WITH THE
FOLLOWING PRESENT CONSTITUTING A QUORUM:
ACTING MAYOR
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY ATTORNEY
CITY MANAGER
CITY SECRETARY
EVELYN NEWMAN
BOB WICKLANDER
ED STUART
JAN JORDAN
FRANK FRANKOVICH
JOHN OLSON
ANNETTE BRAND
DELORIS ARCHER
ABSENT FROM THE t4EETING WERE MAYOR PAUL W . SCHRADER AND
COUNCILMEMBER RON RITTER .
INVOCATION WAS GIVEN BY COUNCILMEMBER FRANK FRANKOVICH.
ACTING MAYOR NEWMAN REPORTED SHE WILL BE PRESIDING OVER THIS
MEETING AT THE REQUEST OF MAYOR SCHRADER WHO IS IN WASHINGTON ,
D . C . WHERE HE IS ATTENDING THE AWARDS CEREMONY FaR "TAKE PRIDE IN
AMERICA" FOR "OPERATION WILDFLOWER" AND ALSO REPORTED THAT
COUNCILMEMBER RITTER IS ON VACATION .
ACTING MAYOR NEWMAN REPORTED SEEING A LOT OF PAST RESIDENTS OF
FRIENDSWOOD IN TOWN TO ATTEND THE FESTIVITIES CELEBRATING THE
20TH ANNIVERSARY OF APOLLO EIGHT . COUNCILMEMBER WICKLANDER ALSO
REPORTED SEEING A NUMBER OF PAST RESIDENTS OF FRIENDSWOOD .
COUNCILMEMBER STUART REPORTED MEETING WITH STATE HIGHWAY
DEPARTMENT MILTON DIETERT ALONG WITH A GROUP OF LOCAL CITIZENS ,
PRESIDENT OF CHAMBER OF COMr1ERCE AND RAY MILBY FROM GERLANDS
REGARDING QUESTION ABOUT FM 2351 AND FM 528 AND WILL �DDRESS THIS
UNDER ITEM NUMBER 8 ON THE AGENDA AND STATED THERE WERE SOME OF
THE PEOPLE THAT ATTENDED THE MEETING IN THE AODIENCE THAT WISHED
TO SPEAK TO THE SUBJECT .
COUNCILMEMBER FRANKOVICH ANNOUNCED HE PARTICIPATED IN THE APOLLO
MOON LANDING PARADE LAST SATURDAY AND THERE WERE A NUMBER OF
FRIENDSWOOD RESIDENTS ALONG THE PARADE ROUTE . COUNCILMEMBER
FRANKOVICH REPORTED THERE IS A H . G . A . C . REGIONAL TRANSPORTATION
PLANNING MEETING BEING HELD IN LA MARQUE THIS EVENING AND FEELS
THE CITY SHOULD GET A COPY OF THE REPORT FOR REVIEW AND FOR
COMMENT .
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COUNCILMEMBER FRANKOVICfi ANNOUNCED THERE WOULD BE A MEETING OF
THE FRIENDSWOOD ECONOMIC DEVELOPMENT CUUNCIL ON TfjURSDAY , JULY
27 , 1989 AT 7 : 00 PM AT COMMUNITY HANK WITH GUEST SPEAKER BILL
CHARBONNBEAU AND URGED EVERYONE TO ATTEND . ACTING MAYOR NEWMAN
REMINDED EVERYONE RESERVATIONS ARE NEEDED .
DON BARCAK , VICE PRESIDENT FALCON RIDGE HOMEOWNERS ASSOCIATION
APPEARED BEFORE COUNCIL TO REQUEST A SIGNAL LIGHT AT FM 528 AND '
FALCON RIDGE DRIVE AND ANOTHER OUTLET FROM THE SUBDIVISION
PREFERABLY ON FM 518 AND PRESENTED COUNCIL WITH A COPY OF HIS • ..
STATEMENTS. ACTING MAYOR NEWMAN STATED THIS WOULD BE FORWARDED
TO MAYOR SCHRADER WHO WILL RESPOND TO THIS REQUEST . PLANNING AND
ZONING CHAIRMAN BAKER STATED THERE IS A PROPOSAL FOR NEW SECTION
OF FALCON RIDGE TO BE DEVELOPED AND THEY ARE LOOKING AT AldOTHER
OUTLET ALSO . CITY MANAGER STATED A LETTER HA5 BEEN SENT TO STATE
HIGHWAY DEPARTMENT REQUESTING A TRAFFIC LIGHT STUDY BUT A
RESPONSE HAS NOT BEEN RECEIVED AT THIS TIME . CITY ATTORNEY SPOKE
TO THE SUBJECT BY ADVISING THIS IS A PLANNING ISSUE .
CITY MANAGER REPORTED ON CAPITAL PROJECTS , SURFACE WATER , SEWER
LINE AT COWART ' S CREEK , DOG POUND FACILITY , CITY HALL ANNEX, TILE
� AT LEISURE LANE AND CHANGE �RDERS FOR ANGEL BROTHERS , SIX—DAYS
EXTENSION DUE TO INCLEMENT WEATHER FOR THE TRANSMISSION LINE AND
ANGEL BROTHERS , DEDUCT OF $2 , 500 IN SUBSTITUTING OF BUTTERFLY
VALVES FOR GATE VALVES FOR THE TRANSMISSION LINE .
COUNCILMEMBER WICKLANDER ASKED WHY WOULD THIS CHAf]GE BE P1ADE WITH
CITY MANAGER RESPONDING THE GATE VALVES WOULD TAKE A LOT LOiJGER
TO GET HERE AND STATED IT WAS HUYN LUU AND THE ENGINEER ' S
RECOMMENDATION TO GO WITH BUTTERFLY VALVES . COUNCILMEMBER
WICKLANDER ASKED HOW MANY VALVES ARE THERE AND CITY riANAGER
RESPONDED SHE THINKS THERE ARE SIX. COUNCILMEMBER WICKLANDER
STATED HE HAD SOME PROBLEMS WITH THE CHANGE ORDER FOR THE
BUTTERFLY VALVES AS A GATE VALVE HAS A MORE POSITIVE CLOSING
DEVICE THAN THE BUTTERFLY VALVE . CITY MANAGER STATED WE WOULD
NOT BE ABLE TO COMPLETE THE PROJECT IN THE LENGTH OF TIME THAT IT
HAS TO BE DONE . ACTING MAYOR NEWMAN ASKED COUNCIL�lEMBER
WICKLANDER AND CITY MANAGER TO LOOK INTO THIS TOMORROW .
COUNCILMEMBER STUART REPORTED HE VIEWED THE BOAING PROJECT AT
COWARD ' S CREEK AND STATED IT IS QUITE AN OPERATION AND IF ANYONE
FiAD A CHANCE THEY SHOULD GO BY AND LOOK AT THE PROJECT .
'� �*MOTION MADE BY COUNCILMEMBER STUART TO APPROVE REQUEST FROM
BEST WASTE SYSTEMS , INC . , FOR AN OVBRALL INCREASE OF 7� TO BE
$� EFFECTIVE NOVEMBER 1 , 1989 .
SECONDED BY CUUNCILMEMBER JORDAN . MOTION APPROVED llNANIMOUSLY .
1 .��� **MOTION MADE BY COUNCILMEMBER STUART TO APPROVE REQUEST BY
H��� EUREKA EXPLORATION COMPANY FOR PERMIT FOR EXISTING GAS WELL KNOWN
/� AS VAN RIPER R1 AND WORKOVER PERMIT FOR SAID WELL .
� SECONDED BY COUNCILMEMBER WICKLANDER . MOTION APPROVED
UNANIMOUSLY .
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DISCUSSION WAS HELD REGARDING DF.SIGN OF FM 2351 ANll F't9 528 WI1'Fi
COUNCILMEMBER WICKLANDER S'I'ATING HE PLACED TiiIS ITEM ON THE
AGENDA IN ORDER TO HAVE SOME DISCUSSION AND STATED THAT
COUNCILMEMBER STUART ATTENDED A MEETING LAST WEEK AND WOULD TURN
THE DISCUSSION OVER TO COUNCILMEMBER STUART . COUNCILMEMBER_. -
STUART STATED HE WOULD TURN THIS OVER TO RALPH LOWE AND RAY MILBY
TO SPEAK ON THE SUBJECT . RALPH LOWE STATED MR . MILBY WANTS TO
TALK ABOUT A CERTAIN PART OF THE HIGHWAYS THAT INVOLVES HIM
PERSONALLY BUT HE WAS INTERESTED IN ALL OF IT . RALPH LOWE STATED.
HE GOT INVOLVED WITH THIS PARTICULAR SUBJECT SOME TIME AGO DURING
THE DISCUSSION BETWEEN THE CITY OF FRIENDSWOOD , HIGHWAY
DEPARTMENT AND HARRIS COUNTY BECAME INVOLVED IN 528 AND 2351 .
MR . LOWE PRESENTED A LENGTHY HISTORY OF THE ROAD PROJECTS . MR .
LOWE RELATED THAT HE HAD MET WITH MILTON DIETERT WITH THE HIGHWAY
DEPARTMENT AND REPORTED MR . DIETERT STATED THAT FOR FLUSH MEDIRNS
THERE WOULD NOT BE ADDITIONAL RIGHT OF WAY NEEDED ON FM 2351 AND
NO ADDITIONAL FUNDS WOULD BE NEEDED , THERE WAS NO DIFFERENCE IN
SAFETY FOR RAISED VERSUS FLUSH HIEDIANS , ADVISED COUNCIL COULD
CHANGE THEIR MIND AND ASK FOR FLUSH MEDIANS AND THERE WOULD BE
APPROXIMATELY SIX MONTHS DELAY IN THE PROJECT BUT THAT TIME FRAME
COULD BE OFFSET IF SOUND BARRIERS ARE PUT IN BUT THAT THE
CONTRACT IS NOT PLANNED TO BE LET UNTIL NOVEMBER . MR . LOWE
STATED BASED UPON THESE FACTS , HE ASKED COUNCIL TO RECONSIDER AND
GO BACK TO THE FLUSH MEDIANS THAT WERE REQUESTED JANUARY 20 ,
1989 •
MR . RAY MILBY ADDRESSED COUNCIL STATING THE PROBLEM HE HAS IS 518
AND 528 , WITH THE SITUATION FOR THE TURNING IN AND TURNING OUT
ONTO 518 AND IT APPEARS THAT WE ARE GETTING READY TO HAVE THE
SAME PROBLEM AT LEAST IAI A WORST SITUATION ON 528 . MR . MILBY
STATED HE WAS iJNABLE TO SPEAK TO MR . TEMPLETON ABOUT THE PROJECT
BUT MR . DIETERT OF THE STATE HIGHWAY DEPARTMENT ON FRIDAY GAVE US
ALL THE INDICATIONS THAT THERE WOULD BE NO PROBLEM , NO SAFETY
FACTOR OR ANYTHING ELSE INVOLVED IN HAVING FLUSH MEDIANS ON 528
FROM 518 TQ SUNSET . MR . MILBY STATED COUNCIL SUBMITTED A LETTER
LAST WEEK TO THE STATE DEPARTMENT BUT THE LETTER ONLY WFNT DOWN
TO 518 IT DID NOT EXTEND BEYOND 518 IT WAS JUST A SMALL PORTION
FROM THE CREEK TO 518 AND THIS WAS IN ERROR AND WE HAVE A LOT OF
TRAFFIC , A NUMBER OF BUSINESSES THERE AND THE SHOPPING CENTER
THAT WILL BE VERY BADLY HURT IF THERE IS A RAISED MEDIAN IN FRONT
OF THE STORES . MR . MILBY ALSO STATED AT THE TIME OF THE MEETING
ON FRIDAY , HE TALKED TO MR . DIETERT ABOUT THE LETTER THAT HE
SUBMITTED THRU THE CITY COUNCIL LAST JANUARY 31ST CONCERNING THIS
EXTENDED POINT ON T,HE RAISED MEDIAN ON THE 518 SIDE OF MY STORE
AND HE HAS MADE A COMt�ITMENT TO US VERBALLY FRIDAY THAT HE WOULD
COME BACK AND STUDY THIS , THIS PARTICULAR EXTENSION ON THIS
MEDIAN IS CREATING A TREMENDOUS HAZARD AND SOt4E0NE IS GOING TO
GET HURT IF THIS CORRECTION IS PUT OFF . MR . MILBY STATED HE WOULD
APPRECIATE CITY COUNCIL SUPPORT TO FACILITATE GETTING THIS
CORRECTED . COUNCILMEMBER WICKLANDER STATED THAT IN MR . MILBY ' S
SITUATION WE WILL HAVE TO HAVE THAT AS AN AGENDA ITEr9 AND SEE
WHAT POSSIBLE ACTION WE MAY TAKE AND I WOULD REQUEST THAT IT PUT
ON OUR NEXT AGENDA . A VERY LENGTHY DISCUSSION WAS HELD AT THIS
TIME REGARDING THE FM 518 , FM 528 AND FM 2351 PROJECTS .
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ACTING MAYOR NEWMAN STATED THESE ITEMS WOULD BE PLAC�D ON THE
' NEXT MEETING AS TWO 11GENDA ITEMS , FM 528/FM 518 AND FM 2351 AND
REQUEST THE STATE HIGHWAY DEPARTMENT TO ATTEND THE MEET'ING .
,�n �*MOTION MADE BY COUNCILMEMBER FRANKOVICH TO ACCEPT SANITARY
��'�%�' SEWER LINES IN MELODY ESTATES SUBDIVISION .
8q SECONDED BY COUNCILMEMBER WICKLANDER . MOTION APPROVED
UNANIMOUSLY . ' '
' DISCUSSION WAS HELD WITH COUNCIL REQUESTING A WRTTTEN POLICY ON ' �y
CITY INSTALLING WATER LINES TO SUBDIVISIONS .
**MOTION MADE BY COUNCILr4EMBER STUART TO APPROVE PLANNING AND
� � ZONING COMMISSION RECOMMENDATION FOR 1 . 8 ACRE SITE PLAN LOCATED
AT 1414 SOUTH FRIENDSWOOD DRIVE , FM 518 FOR UNIPLEX OFFICE PARK
DEVELOPMENT .
SECONDED BY COONCILMEMBER JORDAN . MOTION APPAOVED .
' COUNCILMEMBER FRANKOVICH OPPOSED DUE TO DRAINAGE .
A LENGTHY DISCUSSION FOLLOWED REGARDING DRAINAGE FOR THESE TYPES
OF PROJECTS AND PLANNING AP1D ZONING RESPONSIBILITIES FOR
DRAINAGE . CITY ATTORNEY STATED THAT AS A PLANNING COMMISSION ,
WHEN THEY ARE IN THE PLAT APPROVAL PROCESS , THERE ARE SPECIFIC
STANDARDS TO GO BY . THIS IS A ZONING ISSUE , NOT A SUBDIVISION
ISSUE . AGREED WITH PLANNING AND ZONING COMMISSION CHAIRMAN IN
SEPARATING THE TWO ISSUES . CITY ATTORNEY STATED HE COULD NOT
DISAGREE WITH THE PREMISE THAT IN ITS DISCRETIOPiARY REVIEW ,
PLANNING AND ZONING IS PURELY MAKING A RECOMMENDATION TO COUNCIL
FOR COUNCIL 'S ACTION ON THE ZONING ISSUE . BUT WHEN YOU ARE
LOOKING AT A SUBDIV�SION PLAT , MATTERS INV�LVING SUBDIVISION
REGULATIONS , CITY HAS A PLANNING COP4MISSION AND THEY SUCH THE
FINAL SAY ON ALL SUBDIVISION REGULATION MATTERS . ANY APPEAL OF
THEIR DECISIONS GOES TO THE COURT HOUSE NOT THE CITY COUNCIL . BUT
ON A ZONING ISSUE , AND THE REQUIREr1ENT OF THE ADOPTION OF A SITE
PLAN AS CONTAINED IN THE ZONING ORDINANCE , THEY ONLY MAKE
RECOMMENDATION TO CITY COUNCIL . WHETHER THEY WANT TO MAKE AN
AFFIRMATIVE OR NEGATIVE RECOMMENDATION IS PURELY DISCRETIONARY ON
THEIR PART . CITY ATTORNEY STATED THERE ARE NOT ANY SPECIFIC
STANDARDS ON DRAINAGE CONTAINED IN THE ZONING ORDINANCE , BUT
STATED THE ZONING COMP4ISSION , IN ITS DISCRETIONARY REVIEW ,
SHOULD FEEL COMFORTABLE THAT THERE ' S NOT GOING TO BE A HAZARD
CREATED BY DRAINAGE . ALTHOUGH WE DO NOT HAVE ANYTHING IN THE
ZONING ORDINANCE THAT TELLS A DEVELOPER EXACTLY HOW TO HAVE THE
DRAINAGE ACCOMPLISHED , IT WOULD NOT BE INAPPROPRIATE FOR US TO
IMPOSE ON THE DEVELOPER , IF WE APPROVE THIS SITE PLAN THE
CONDITIONS FOR PROVIDING DRAINAGE FOR THEIR DEVELOPMENT . IT IS UP
TO THEM TO COME UP WITH ADEQUATE DRAINAGE . THE CITY ATTORNEY
STATED THAT HE DIDN ' T THINK THINKWE CAN SAY THAT WE HAVE NO
AUTHORITY TO ENFORCE DRAINAGE JUST BECAUSE A DEVELaPMENT IS NOT A
PART OF THE SUBDIVISION PLATTING PROCESS .
�*MOTION MADE BY COUNCILMEMBER WICKLANDER TO APPROVE SECOND AND
FINAL READING OF ORDINANCE T89-7 , AN ORDINANCE CHANGING THE
ZONING CLASSIFICATION OF A CERTAIN 1 . 8 ACRES OF LAND LOCATED , LOT
42 , VOSS SUBDIVISON OR BETTER KNOWN AS 1414 SOUTH FRIENDSWOOD
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DRIVE , FM 518 FROM COMMUNITY SHOPPING CENTER TO OFFICE PARK ;
DESCRIBING SAID 1 . 8 ncxE TRACT OF LAND ; AMGNUING THE ZUNING
DISTRICT MAP OF THE CITY AS ADOPTED BY ORUINANCE N0 . a�- 15 ; AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT .
SECONDED BY COUNCILMEMBER FRANKOVICH . MOTION APPROVED
UNANIMOUSLY .
COUNCILMEMBER STUART READ QUOTES FROM THE BAY AREA TIME REGARDING '
ECONOMIC DEVELOPMENT AS STATED BY MAYOR JOE LAMS FROM LEAGUE CITY
AND FROM FRIENDSWOOD SCHOOL BOARD PRESIDENT HAROLD WHITAKER . � .,
FRANK WEBB APPEARED BEFORE COUNCIL TO STATE HIS FLOOD INSURANCE
RATES WENT UP $62 . 00 PER YEAR AND HE HIRED A REGISTERED SURVEYOR
- AND PRESENTED A CERTIFICATE OF ELEVATION WHICH LOWERED HIS FLOOD
INSURANCE .
**MOTION MADE BY COUNCILMEMBER WICKLANDER TO APPROVE THE CONSENT
AGENDA , MINUTES OF JULY 10 AND JULY 17 , 1989 •
SECONDED BY COUNCILMEMBER JORDAN . MOTION APPROVEU UNANIMQUSLY .
COUNCILMEMBER STUART REPORTED THERE WILL BE A CLEAR CREEK
WATER SHED MEETING WEDNESDAY NIGHT AND HE WILL BE ATTENDING AND
HE IS ALSO LOOKING AT THE FEMA PROGRAM.
MOTION MADE AND SECONDED TO ADJOURN AT 8 : 35 PM.
ATTE T .
.
DELO IS ARC ER , CMC
CITY SECRETARY
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MAYOR PAUL W . SCHRADER