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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 . 91 � 92 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 . 2 93 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 . 3 9 � 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 95 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 5 �' � --�---—�---- - --- MAYOR PAUL W . SCHRADER