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HomeMy WebLinkAboutCC Minutes 1991-04-01 Regular � � 435 REGULAR MEETING �� FRIENDSWOOD CITY COUNCIL APRIL 1 , 1991 � MINUTES OF A REGULAR MEETING OF THE FRIEND3WOOD CITY COUNCIL THAT WAS HELD ON THE 1ST DAY OF APRIL , 1991 AT .7 : 00 PM AT FRIENDSWOOD CITY HALL , COUNCIL CHAMSERS , 109 WILLOWICK , FRIENDSWOOD , TEXAS WITH THE FOLLOWING PRESENT CONSTITUTING A Q�ORUM: MAXOR PAUL SCHRADER MAXOR PRO-TEM FRANK FRANKOVICH COUNCILMEMBER RON RITTER COUNCILMEMBER BOB WICKLANDER COUNCILMEMBER EVELYN NEWMAN COUNCILMEMBER ED STUART COUNCILMEMBER � HAROLD RALEY CITY ATTORNEY JOHN OLSON CITY MANAGER RON COX CITY SECRETARY DELORIS ARCHER MAYOR SCHRADER LED THE PLEDGE OF ALLEGIANCE. INVOCATION WAS GIVEN BY FATHER TOM HUHN , MARY QUEEN CATHOLIC CHURCH . MAXOR SCHRADER AND PLANNING AND ZONING CHAIRMAN BENNY BAKER CALLED A JOINT DOCKETED PUBLIC HEARING TO ORDER TO RECEIVE PUBLIC INPUT EITHER ORAL OR WRITTEN REGARDING THE FOLLOWING REQUESTS. A) APPLICATION FOR REQUEST TO REZONE 1 .271 ACRES OF LAND AT 1211 SOUTH FRIENDSWOOD DRIVE FROM MFR-L TO SPECIFIC USE (CHURCH) . OWNER/AGENT REVEREND WILLIAM GEMMILL APPEARED TO REQUEST THE REZONING FOR THIS PARCEL OF PROP�ERTY. QUESTIONS WERE ASKED BY C�UNCILMEMBERS REGARD�NG PARKING� LOCATION OF FLOODWAY, INGRESS AND EGRESS FROM THIS PROPERTY. NO PUBLIC INPUT WAS RECEIVED . B) APPLICATION FOR REQUEST TO REZONE 9 . 39 ACRES OF LAND LOCATED ON OAK DRIVE FROM MFR-M TO SFR . COUNCILMEMBER FRANKOVICH ADVISED THE CORPS' OF ENGINEERS HAS A RE- ALIGNMENT PLAN THAT WILL EFFECT THIS PIECE OF PROPERTY AND THE OWNERS SHOULD BE AWARE OF THIS PLAN . NO PUBLIC INPUT WAS RECEIVED . �: AGENDA ITEM � � City Council Date: - � �prove Denied 43fi HEARING NO FURTHER COMMENTS , THE JOINT PUBLIC HEARING WAS CLOSED . MAYOR SCHRADER PROCLAIMED WE.EK OF APRI�L 7-1u AS "NATIONAL TELECOMMUNICATORS WEEK" AND PRESENTED THE PROCLAMATION TO FRIENDSWOOD COMMUNTCATIONS SUPERVISOR BETSY DIGGINS , PROCLAIMED APRIL 5TH AND 6TH AS "SPRING SPARKLE DAYS" A�1D MONTH OF APRIL AS � "KEEP AMERICA BEAUTIFUL MONTH" AND PRESENTED THE PROCLAMATIONS TO COMMUNITY APPEARANCE BOARD MEM�ER PAUL WASHECHECK , AND PROCLAIMED MONTH OF APRIL AS "CANCER CONTROL MONTH" AND PRESENTED THE PROCLAMATIQN TO CITY EMPLQYEE LINDA REED � RECOVERING FROM CANCER . �5 MAYOR SCHRADER ANNOUNCED THE FIRST MONTH OF RECYCLING HAS BEEN COMPLETED WITH 107 TONS OF RECYCLABLES COLi.ECTED AND THE CITY RECEIVED A CHECK FOR APPROXIMATELY $1 ,700 , ANNOUNCED RESIDENTS OF FRIENDSWOOD WILL BE ABLE TO PARTICIPATE IN HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM TO BE HELD ON APRIL 20TIi, WILL BE ADVERTISED IN THE NEWSLETTERS AND FLYERS WILL BE DISTRIHUTED , A TECHNICAL COMMITTEE HAS BEEN FORMED BY CLEAR CREEK DRAINAGE DISTRICT FOR THE CLOVER ACRES DRAINAGE PROJECT AND COMMUNITY DEVELOPMENT DIRECTOR JIMMY THOMPSON WILL BE THE CITY REPRESENTATIVE , A MEETING HAS BEEN SET UP WITH NEXT WEDNESDAY AT 7 : 00 IN PEARLAND WITH F. A .A . FOR MAYORS FROM ALVIN , PEARLAND AND FRIENDSWOOD TO RECEIVE A UPDATE ON THE CLOVER FIELD AIRPORT PROJECT , REPORTED THE PARKS BOARD AND THE PARKS DEPARTMENT DID A GOOD JOB ON THE MIDNIGHT BIKE RAMBLE WITH OVER 200 PARTICIPANTS, REPORTED ON THE STATUS OF COMPLAINTS ON SON LIGHT MISSION CHURCH, REPORTED STORER CABLE HAS INSTALLED A INTERACTOR TELEPHONE SYSTEM TO BETTER RECEIVE COMPLAINTS , REPORTED ON ACTIVITIES OF THE CLEAR LAKE AREA ECONOMIC DEVELOPMENT COUNCIL TO LOCATE BUSINESSES INTO THIS AREA , THE AVAILABILITY OF THIS INFORMATION TO FRIENDSWOOD AND THE NEED TO HAVE A FAST RESPONSE TO THESE INQUIRIES. COUNCILMEMBER RITTER ANNOONCED THE PRESIDENT HAS CALLED FOR A NATIONAL DAYS OF THANKS FOR THE SPEEDY ACTION TAKEN. FOR SECURING THE INDEPENDENCE OF KUWAIT , REPORTED ON INFORMATION ON SUN LIGHT MISSION AND REPORTED THE COMMUNSTY IS RESPONDING AND TRYING TO HELP THE CHORCH RELOCATE . COUNCILMEMBER WICKLANDER ANNOUNCED CLOVER FIELD AIRPORT AWARENESS DAY WILL BE HELD NEXT WEEKEND AND URGED EVERYONE TO TAKE ADVANTAGE OF THIS DAY TO SEE THE AIRPORT. COUNCILMEMBER NEWMAN REPORTED SHE HAS RECEIVED FAVORABLE COMMENTS ON THE STREET PROJECT . MAYOR SCHRADER ANtJOUNCED COUNCILMEMBER NEWMAN HAS A NEW GRANDDAUGHTER BORN TO HER YOUNGEST DAUGHTER , SUSAN . COUNCILMEMBER STUART REPORTED ON THE WASHINGTON TRIP IN SUPPORT OF CLEAR CREEK PROJECT AND REPORTED THAT CONGRESSMAN JACK BROOKS FELT THAT PROJECTS STARTED WOULD BE FUNDED BUT NEW PROJECTS WOULD BE DIFFICULT TO FUND IN THE NEW BUDGET AN�D REPORTED MEMBERS FROM CLEAR CREEK DRAINAGE DISTRICT, LEAGUE CITY, TEXAS CITY AND FRIENDSWOOD ATTENDED THE HEARINGS AND FEL�T THE TRIP SHOWED LOCAL SUPPORT FOR THE CLEAR CREEK PROJECT. 2 ,,,,_....._..��.....____..._.... _.__.. 437 COUNCILMEMBER RALEY REPORTED ON A RECYCLING PROJECT IN BELLAIRE OF OLD PHONE BOOKS AND WOULD LIKE THE CIT'Y TO LOOK INTO THIS POSSIBILITY. COUNCILMEMBER FRANKOVICH ALSO REPORTED THE WASHINGTON TRIP WAS '` SUCCESSFUL AND REPQRTED ATTENDING THE GALVESTON COUNTY MAYOR & , COUNCILS MEETING LAST WEDNESDAY AND REPORTED IT APPEARS THIS GROUP WILL BE VERY ACTIVE AND WILL BE DEVELOPING PROJECTS AROiIND THE COUNTY . • " FRANK WEBB APPEARED BEFORE COUNCIL IN SUPPORT OF OPENING DAY FOR � YOUTH SPORTS DAY AND ALL VOLUNTEERS AND PRES�NTED COUNCILMEMBERS WITH BUTTONS TO WEAR "DON 'T YELL AT ME , I 'M A VOLUNTEER" . JANIS LOWE APPEARED BEFORE COUNCIL TO ANNOUNCE SHE HAS FILED AS A CANDIDATE FOR COUNCIL POSITION �6 AND READ A PREPARED STATED REGARDING HER PLATFORM. PENNY BURKE APPEARED BEFORE COUNCIL AND REQUESTED CLARIFICATION IF THERE IS A CONFLICT OF INTEREST WITH COUNCILMEMBER FRANKOVICH VOTING LATER IN THIS MEETSNG ON THE WAYNE SMITH AND ASSOCIATES , INC . CONTRACT FOR S0t3TH FRIENDSWO.OD SEWER INTERCEPTOR , LIFT STATION AND FORCE MAIN . MS. BURKE STATED HER QUESTION IS DUE TO THE PROPOSED JOINT VENTURE BETWEEN DANNENBAUM ENGINEERING , COUNCILMEMBER FRANKOVICH �S EMPLOYER , AND WAYNE SMITH & ASSOCIATES , INC . FOR THE DICKINSON BAYOU WATERSHED DRAINAGE PROJECT . MAYOR SCHRADER STATED THERE WERE A NUMBER OF ENGINEERING FIRMS CONSIDERING JOINT VENTURE FOR THE DICKINSON BAYOU WATERSHED DRAINAGE PROJECT . MAYOR SCHRADER THANKED MS. BURKE FOR BRINGING THIS TO COUNCIL ' S ATTENTION AND THE CITY ATTORNEY MAX ADVISE COUNCIL WHEN THIS ITEM IS CONSIDERED ON THE AGENDA. CITY MANAGER REPORTED ON STREET PROJECT VII , CITY HALL/LIBRARY PARKING LOTS , SCHEDULE ON �'M-2351 , BIMONTHLY BILLING , FIRE MARSHALtS VEHICLE, FINANCIAL ASSISTANCE FOR ARTIST LAURIE � WHITEHEAD 'S TRIP TO LOS ANGELES , CANCELLATION OF PUBLIC HEARING ON SOBSTANDARD STRUCTURES DUE TO LATE NOTICES AND REPORTED THE HOUSE ON WOODVINE HAS BEEN REMOVED AND THE BUILDING ON OAK VISTA IS SCHEDULED TO BE REM�VED BY THE 9TH , BLACKHA.WK WATERLINE EXTENSION , STORER CABLE FRANCHISE PAYMENT , CREDITED PLANNING AND ZONING COMMSSSION WITH THE ORTGINAL IDEA TO RE-LOCATE THE TREES FROM THE DEVELOPMENT ON FM 518 TO RENWICK PARK , REPORTED A COMMITTEE WILL BE REVIEWING THE WRECKER OR'DINANCE , SWIMMING POOL IS BEING PAINTED AND IS SCHEDULEB TO OPEN MAY 1ST . , REPORTED ON SON LIGHT CHURCH AND DISCUSSED THE WORKSHOP MEETING AGENDA . COUNCILMEMBER RITTER ASKED ABODT PLACING CLQVER ACRES DRAINAGE ON TH MAY WORKSHOP MEETING , ASKED ABOUT FUNDING FQR THE WATEALINE AT FM 2351 , ASKED STAFF TO LOOB AT TYPES OF VEHICLES AVAILABLE FOR REPLACEMENT OF THE FIRE MARSHAL � S CAR AND SUGGESTED THE CAR BE MARKED WITH EMERGENCY LIGHTS , S(IPPORTED FUNDING FOR LAURIE WHITEHEAD �S TRIP AND SUGGESTED A GENERAL APPEAL TO THE PUBLIC FOR ADDITIONAL FUNDING TO HELP FUND THIS TRIP . 3 ,,,�_._.,____ � 38 MAYOR SCHRADER REPORTED ON THE TRAFFIC STUDY FOR FM 2351 THAT WAS DONE FOR THE DIAMOND SHAMROCK PROJECT AND REPORTED THERE ARE REQUESTS TO POSSIBLY OPEN THE STREETS FROM W�DGEWOOD TO HELP WITH THE TRAFFIC PROBLEMS AT FM 2351 AND BLACKHAWK AND REPORTED THE CITIZENS WOULD HAVE TO COME BACK TO COUNCIL TO FORMALLY REQUEST �• THESE STREETS BE OPENED . COUNCILMEMBER RITTER STATED HE DOES NOT FEEL THE CITIZENS OF WEDGEWOOD VILLAGE SUBDIVISION WOULD WANT TO OPEN THESE STREETS. .y COUNCILMEMBER STUART ASKED WHEN THE FEBRUARY FINANCE REPORT WOULD BE READY . FINANCE DIRECTOR ADVISED WOULD .BE READY THIS WEEK. � +�+�COUNCILMEMBER RITTER MOVED TO APPROVE EXECOTION OF AGREEMENT WITH EXXON PIPELINE COMPANY WHEREBY CITY WILL REIMBURSE EXXON PIPELINE COMPANY FOR 50 � OF COSTS INCURRED IN RELOCATING ONE 8- INCH PIPELINE TO ACCOMMODATE WIAENING OF FM-2351 . SECONDED BY COUNCILMEMBER NEWMAN. MOTION APPROVED UNANIMOUSLY. �*COUNCILMEMBER RITTER MOVED TO APPROVE � REQUEST FROM EXXON PIPELINE COMPANY FOR PERMIT TO RELOCATE ONE 8-INCH CRUDE OIL PIPELINE ON FM-2351 FOR THE WIDENING PROJECT . SECONAED BY COUNCILMEMBER NEWMAN. MOTION APPROVED UNANIMOUSLY. *�COUNCILMEMBER FRANKOVICH MOVED TO PLACE A QUESTIONNAIRE IN THE NEWSLETTER OR ON THE WATER BILLS TO DETERMIHE IF UTILITY USERS WANT TO BE BILLED MONTHLY OR BIMONTHLY. � SECONDED BY MAYOR SCHRADER . MOTION FAILED 3-�4 . COUNCILMEMBERS RITTER , WICKLANDER , STUART AND RALEY OPPOSED . +�*COUNCILMEMBER FRANKOVICH MOVED TO APPROVE APPRAISAL OF THREE PIECES OF PROPERTY ESSENTIAL TO FLOOD CONTROL PROJECTS. SECONDED BY COUI3CILMEMBER RALEY . ���COUNCILMEMBER RITTER MOVED TO AMEND THE MAIN MOTION TO TO EXCLUDE THE BAKER PROPERTY UNTIL AFTER THE MAY WORKSHOP ON CLOVER ACRES DRAINAGE PROJECT. SECONDED BY COUNCILMEMBER STUART . MOTION APPROVED �4-3. MAYOR SCHRADER , COUNCILMEMBERS RALEY AND FRANKOVICH OPPOSED . **�*MAIN MOTZON AS AMENDED APPROVED UNANIMOUSLY. �'�MAYOR SCHRADER MQVED FOR COUNCIL TO GO ON RECORD APPROVING JUDGE HOLBROOK � S LETTER OF MARGH 1 , 1991 , RULING ON THE DICKINSON BAYOU AND CHZGGER CREEK WATERSHED DIVIDE AND NOTING REFERENCE TO THE HIGHWAY AEPARTMENT DRAINAGE MAP FOR FM 528 AND THE MAP OF THE WATERSHED BOUNDARY FROM THE CORPS OF ENGINEERS . SECONDED BY COUNCILMEMBER FRANKOVICH. • **�*MAYOR SCHRADER MOVED TO TABLE THIS ITEM UNTIL APRIL 15TH MEETING TO ALLOW THE DRAINAGE DISTRICTS TO REVIEW AND COMMENT ON THIS RULING. � SECONDED BY COUNCILMEMBER WICKLANDER. MOTION APPROVED UNANIMOUSLY . �4 439 *'�COUNCILMEMBER WICKLANDER MOVED TO APPROVE RECOMMENDATIONS FROM PLANNING AND ZONING COMMISSION REGARDING THE FOLLOWING REQUEST FOR REZONING 1 . 146 ACRES OF LAND , AT 800 CEDARWOOD FROM OLD BUSINESS DISTRICT TO SINGLE FAMILY RESIDENCE AND THE REQUEST FOR REZONING OF . 3482 ACRES AT APPLEBLOSSOM AND ` FRIENDSWOOD-LINK ROAD FROM NEIGH80RHOOD CENTER TO SINGLE FAMILY RESIDENCE. SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLY. � ��COUNCILMEMBER FRANKOVICH MOVED TO APPROVE MAYOR SCHRADERS APPOINTMENT OF AL RADOUS TO THE COUNSELING SERVICES ADVISORY BOARB: SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLY. ��COUNCILMEMBER RALEY MOVEA TO APPROVE - RESOLUTION R91-1 �1 , A RESOLUTION REGARDING SOUTHWESTERN BELL FRANCHISE AGREEMENT AND APPROVING CITYtS PARTICIPATION IN TELEPHONE FRANCHISE STEERING COMMITTEE. SECONDED BY COUNCILMEMBER FRANKOVICH . MOTION APPROVED UNANIMOUSLY. �*COUNCILMEMBER NEWMAN MOVED TO APPROVE SECOND AND FINAL READING OF ORDINANCE N0 . T91-10 � AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF A CERTAIN 4 . 5660 ACRE' TRACT OF LAND FROM COMMUNITY SHOPPING CENTER T� SPECIFIC USE-NURSING HOME; DESCRIBING SAID 4 . 5660 ACRE TRACT OF LAND; AMENDING THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE 84-15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. SECONDED BY COUNCILMEMBER RITTER . MOTION APPROVED UNANIMOUSLY . *�COUNCILMEMBER NEWMAN MOVED TO APPROVE SECOND AND FINAL READING QF QRDINANCE N0 . T91-11 , AN ORDINANCE PROVIDING IT UNLAWFUL FOR ANY PERSON OWNING OR HAVING POSSESSION OR CONTROL OF A RESIDENCE OR OTHER PREMISE TO ALLOW SUCH RESIDENCE OR PREMISE TO BE USED BY MINORS FOR SOCIAL FIINCTIONS (PARTIES) WHEN StICH PERSON KNOWS OR SHOULD KNOW THAT ALCOHOLYC BEVERAGES OR DRUGS ARE IN THE POSSESSION OF , OR ARE BEING CONSUMED BY , ANY MINOR IN ATTENDANCE AT SUCIi SOCIAL FUNCTION (PARTY) ; PROVIDING EXCEPTI013S; REPEALING ORDINANCES INCONSISTENT HEREWITH; PROVIDING A PENALTY IN AN AMOUNT NOT TO EXCEED $500 FOR EACH VIOLATION HEREOF; AND PROVIDING FOR SEVERABILITY AND TO PROVIDE FOR PUBLICATION OF ORDINANCE IN ITS ENTIRETY. SECONDED BY COUNCILMEMBER RITTER . MOTION APPROVED UNANIMOUSLY. *�COUNCILMEMBER RITTER MOVED TO APPROVE FIRST READING OF ORDINANCE N0. T91-12 , AN ORDINANCE CHANGING THE ZONING CLASSIFICATION OF PROPERTY BEING A TRACT OF LAND KNOWN AS 1 . 1 �6 ACRES OF LAND , LOCATED 800 CEDARWOOD , BLOCK 12 , LOT 3 , RESERVE A FROM OLD BUSINESS DISTRICT TO SINGLE FAMILY RESIDENTIAL , AMENDING THE ZON�NG DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE N0. 8�1-15 ; AND CONTAINING OTHER PROVISIONS RE�,ATING TO THE SUBJECT. SECONDED BY COUNCILMEMBER STUART. MOTION APPRQVED UNANIMOUSLY. COUNCILMEMBER WICKLANDER LEFT THE CHAMBERS AT THIS TIME. 5 � 4Q . **COUNCILMEMBER RITTER MOVED TO APPROVE FIRST READING OF ORDINANCE N0 . T91-13 , AN ORDINANCE CHANGING , THE ZONING CLASSIFICATION OF PROPERTY BEING A TRACT OF LAND KNOWN AS 0. 3�82 ACRES OF LAND , LOCATED BLOCK 1 , SECTION 8 , RESERVE C , WEDGEWOOD VILLAGE SUBDIVISION , FROM NEIGHBORHOOD CENTER TO SINGLE FAMILY '� RESIDENTIAL , AMENDING THE ZONING DISTRICT� MAP OF THE CITY AS , ADOPTED BY ORDINANCE N0 . 84- 15 ; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT . SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLY . �� COUNCILMEMBER WICKLANDER RETURNED TO THE CHAMBERS AT THIS TIME. �*MAYOR SCHRADER MOVED TO APPROVE FIRST AND FINAL READING OF ORDINANCE N0. 91-1 � , AN ORDINANCE KNOWN AS "AMENDMENT II° , AMENDING CITY OF FRIENDSWOOD , TEXAS , ORDINANCE N�. 90-23 , PASSED AND APPROVED SEPTEMBER 10 , 1990 AND BEING AN ORDINANCE APPROVING AND ADOPTING THE CITY � S GENERAL BIIDGET FOR •FISCAL YEAR 1990/91 ; PROVIDING AMENDMENTS TO SUCH BUDGET : AND PROVIDING OTHER MATTERS RELATED TO THE SUBJECT . SECONDED BY COUNCILMEMBER NEWMAN . MOTION �APPROVED UNANIMOUSLY . ��MAYOR SCHRADER MOVED TO APPROVE FIRST READING OF ORDINANCE N0. 91-15 , AN ORDINANCE AMENDING CITY OF . FRIENDSWOOD , TEXAS , ORDrNANCE N0 . 84-15 , AS AMENDED , ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER , i98�1 , AND BEING THE ZONING ORDINANCE OF THE CITY � BY STRIKING ALL OF SUBSECTION K OF SECTION 8 THEREOF (SAID SUBSECTION K OF SECTION 8 BEING THE PROVISIONS OF CITY OF FRIENDSWOOD ORDINANCE N0 . 323 , AS AMENDED , � ORIGINALLY ADOPTED THE 22ND DAY OF JANUARY, 1979 , AND BEING AN ORDINANCE PROVIDING RULES AND REGULATIONS GOVERNING THE ERECTION AND USE OF SIGNS AND SIGN STRUCTURES WITHIN THE CITY, AND WHICH ORDINANCE N0. 323 WAS INCORPORATED INTO THE AFOREDESCRIBED ORDI'NANCE N0 . 8�1-15 , BY REFERENCE , AS SUBSECTION K OF SECTION $) AND SUBSTITUTING THEREFOR A NEW SUBSECTION K OF SECTION 8 ; PROVIDING RULES AND REGULATIONS GOVERNING THE ERECTION AND USE OF SIGNS AND SIGN STRUCTURES WITHiN THE CITY; REPEALING CITY OF FRIENDSWOOD ORDINANCE N0 . 323 AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES ', IN CONFLICT HEREWITH; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $1 , 000 FOR EACH DAY O� VIOLATION OF ANY PROVISION HEREOF; AND PROVIDING FOR SEVERABILITY . SECONDED BY COUNCILMEMBER RALEY . **+�+�COUNCILMEMBER RITTER MOVED TO TABLE ACTION ON ORDINANCE 91-15 UNTIL APRIL 75TH MEETING IN ORDER THAT PLANNING AND ZONING COMMISSION TO RATIFY AND CONFIRM THEIR RECOMMENDATION REGARDING THIS ORDINANCE . SECONDED BY COUNCILMEMBER WTCKLANDER . MOTION APPROVED UNANIMOUSLY . DISCUSSION WAS HELD REGARDING COUNCILMEMBER FRANKOVICH TAKING ACTION ON THE CONTRACT WITH WAYNE SMITH AND ASSOCIATES WITH CITY ATTORNEY ADVISING THERE IS STATE LAW PROVIDING FOR CONFLICT OF INTEREST WHEREBY A COUNCILMEMBER THAT HAS A DIRECT INTEREST FILES A CONFLICT OF INTEREST STATEMENT WITH THE CITY SECRETARY AND 6 . 441 ABSTAINS FROM VOTING ON THE SUBJECT MATTER $UT THAT CHARTER PROVISIONS DOES NOT ALLOW A ELECTED OFFICIAL TO ENTER INTO CONTRACT WITH THE CITY . COUNCILMEMBER FRANKOVICH STATED DANNENBAUM IS NOT OPERATING UNDER A CONTRACT WITH WAYNE SMITH & ASSOCIATES .AT PRESENT AND WILL NOT '' OPERATE UNDER CONTRACT WITH WAYNE SMITH & ASSOCIATES UNLESS THEY ARE SO CHOSEN TO DO THE DICKINSON SAYOU WATERSHED MASTER PLAN WHICH DANNENBAUM IS PURSUING THE ENGINEERING CONTRACT. COUNCILMEMBER FRANKOVICH STATED THERE IS NO RELATIONSHIP WITH X THIS CONTRACT BEFORE CITY COUNCIL AND FURTHER STATED HE IS A SALARIED EMPLOYEE OF DANNENBAUM, RECEIVES NO BONUSES AND DOES NOT OWN ANY STOCK . �*COUNCILMEMBER RALEY MOVED TO APPROVE CONSENT AGENDA WITH CORRECTIONS NOTED , PAYMENT OF CAPITAL PROJECTS , AUTHORIZE EXECUTION OF CONTRACT BETWEEN CITY AND WAYNE SMITH & ASSOCIATES FOR A PRELIMINARY ENGINEERING REPORT FOR, THE SOUTH FRIENDSWOOD SEWER INTERCEPTOR , FORCE MAIN , AND LIFT STATION WITH CORRECTIQNS TO ADD TO SECTIONS 2. 3 , 2 . � AND 3 . 1 , FOR WORK IN ADDITION TO PRELIMINARY DESIGN TO BE AUTHORIZED BY FORMAL ACTION OF CITY COIINCIL , RATIFY, CONFIRM, AND APPROVE PURCHASE OF TRACT Or LAND CONTAINING 2 . 31 ACRES MORE OR LESS LOCATED ADJACENT TO STEVENSON PARK , AUTHORIZE EXECUTION OF CONTRACT BETWEEN CITY OF FRIENDSWOOD AND CITY OF PEARLAND FOR . JOINT ACQUISITION , OPERATION , AND MAINTENANCE OF A MOBILE DATA TERMINAL SYSTEM (M.A . T. SYSTEM) , RESOLUTION R91 - 16 A & B , AUTHORIZING FACSIMILE SIGNATURES AT DEPOSITORY BANK , AGREEME.NTS FOR USE OF CITY ' S SWIMMING FACILITIES , AUTHORIZE EXECUTION OF LICENSE AGREEMENT BETWEEN CITY AND GREATER HOUSTON AREA YMCA FOR USE bF CITY ' S SWIMMING POQL , WITH COUNCIL DISCUSSING LOOKING AT COST ' S TO OPERATE POOL AND INCORPORATE INTO BUDGET WORK SESSIONS , AUTHORIZE �XECUTION OF LICENSE AGREEMENT BETWEEN CITY AND CREEK COMMUNITY ASSOCIATION , DBA FRIENDSWOOD AREA SWIM TEAM (FAST) , FOR USE OF CITY ' S SWIMMING POOL , AUTHORIZE EXECUTION OF AGREEMENT WITH FRIENDSWOOD ISD FOR USE OF SCHOOL PROPERTY,, MINUTES OF MARCH 11 AND MARCH 18 , 1991 WERE CORRECTED AND APPROVED . BIRTHDAY CAKE ANb COFFEE WAS ENJOYED IN HONOR OF COUNCILMEMBERS NEWMAN AND STUARTS BIRTHDAYS THIS MONTH . MOTION MADE AND APPROVED FOR ADJOURNMENT. MAYOR PAUL W. SCHRADER ATT S : ' . D LO IS ARCHE , CMC CITY SECRETAAY 7