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HomeMy WebLinkAboutCC Minutes 1997-09-22 Regular - 1173 STATE OF TEXAS ) � CITY OF FRIENDSWOOD ) ( COUNTIES OF GALVESTON/I3ARRIS ) ( SEPTEMB�R 22, 1997 ) ( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, SEPTEN�ER 22, 1997, AT 6:00 P.M. AT FRIENDSWOOD CITY IiALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRI'UE, FFtIENDSW00D, TEXAS, WITH THE FOLLOWING PRESENT CONSTTTUTIN� A QUORUM: � MAYOR HAROLD L. WHITAKER MAYOR BRO TEM ALINE DICKEY COUNCILMEMBER KITTEN HAJECATE COUNCZLM�MBER TOM MANISON COUNCILMEMB�R MEL AUSTIN COUNCILMEMBER MEL MEASELES CITY ATTORNEY KIM MTCKELSON CITX MANA��R RON COX GITY SECRETARY DELORIS MCKENZIE COUNCILMEMBER ERICSSON WAS ABSENT FROM THE MEETING. MAYOR WHITAKER CALLED THE MEETING TO ORDER. COUNCIL CONVENED INTO �XECUTIVE SE55ION IN ACCORDANCE WITH TEXAS GOVERNMENT GODE, PUR5UANT 7.'0 SECTION 551.071, CONSULTATION WITH RTTORNEY CONCERNING PENDING OR CONTENMP�ATED LTTIGP,TION. COUNCIL RECONVENF�D INTO REGULAR SESSION WTTH ACTIOR TAI�N LATER IN THE MEETING. THE INVOCATION WAS GIVEN BY REVEREND NUfZMAN FRY FROM THE FIRST BAPTIST CHURCH. ..�-, THE PLEDGE OF ALI,EGIANCE TO THE UNITED ST.ATES ANU TO THE STATE OF �EXAS WAS LED BY TIi� HOME STUD� �TUDENTS OF HQW1aRD ACAD�.MY. MAYOR WHITAKER PRQCLAIMED SEPTEMBER 22 - 28, 1997 AS WINGS OVER HOUS�ON FTEEK AND PRQCI,AIMED SEPTEMBER 22, 1997 AS THE TENTH ANNIVERSARY OF "MEALS ON WHEELS". COUNCILMEMBER MEASELES REPORTED THAT HE HOSTED A MEETING AT CITY HALL ON SEPTEMBER 16TH WTTH THE BOY SCOUTS F'FZOM TROOP 1223 WHO WERE WORRING 0�1 THETR FTRST CLASS BAD(3E, ANrJ ATTENDED THE PLANNZNG AND ZONING MEETING LAST THURSDAY AFTER TFiE JOIN� PUBLIC HEARING ON THE EXXON ETHANE PIPELINE, AND THE VOTE WAS 4-3 RECOMMENT3ING TO DENY EXXON'S REQ.UEST F'OR A SPECIFIC USE PERMIT. COUNCILMEMBER DICKEY REPORTED ON ATTENDING 7'HE GALVESTON COUNTY MAYORS AND COU�tCILMEN'S AS50CIAT�ON (GCM&C) ON SEPTEMBER 10 WHERE STATE REPRESENTATIVES EILAND AND GRAY �POICE ON THE LEGISLATURE AND THE STATE BUDGE.T, ATTENDED THE PARKS AND RECREATTON BOARD MEETTNG ON SEPTEI�ER 18 WHERE THE PARK DEDICATION ORI3TNANCE WAS DISCUSSED, DISCUSSED RECOMMENDATION O�t CENTENDTIAL PARK REGARi7ING JOINT V.ENTURE AND PU�2CHASE OF ADDITI�LIAL ACRES,. ATTEI3DED. THE GT,RAR ,....,.� ; I r' �, I ' i i . ,. . ! I �1�4 T�AKF TRANSPORTATTON PAR�NERSHIP MEETING ON SEPTEMBER 19 WHERE STATE REPRES�NTATIVE NTCK LAL�IPSON SPOKE REGARDI��. NASA/INTE�tMApAL SURFAGE TRANSPORTATION EFFICIEN�Y ACT {ISTEA) HIGI3WAY FUNDTN�, ATTEN]aED THE CLEAR LAKE TRANSPORTATTON MEETING ON HA�ARDOUS W�57.'E ROUTES AS PROPQ�ED BY THE STATE HIGHWAY DEPARTMENT WITH A PI20POS�D ROUTE THROUGH FRIE]VD�W�OA ON FM 518, AND REMINDED EVERY02� OF THE rORPS PT20JECT MEETIN6 REGARDTNG CLEAR CREER ON S�PTEMB�R 23 AT FRIENDS'WOOD HIGH SCHOOL AT 5:30 TO REVIEW THE ' EXHIBIT AND 7:00 FOR THE FiEARIN�. COUNCTLMEMBER Ai1STIN REPOR�ED ON AT.TENDING THE CI,EAR CREER DR.AYNAGE DISTRICT MEETTNG WHERE SEVERAL PROJECTS WERE DISCUSSED,. BISCIISSED THE D:CCRINSQN BAYOU PROJECT AND HOW TO MOVE FORWARD WITH THIB PROJECT, REPa�2TED C►N MEETSNG THE ARMY CORP'S OF ENGILdEERS RECARDING THF; CLF.FIR CREEK PROJECT ANL► LEARHED THAT �° -� THERE IS A PT�AN "B" IF "A" FAILS, BUT WILL WAIT UNTIL AFT�R THE HEAI2INGS, ATTENDED THE GCM&C MEETING WHICH WAS VERY INE'ORMATIVE AND REPORTED REPRESENTATIVE EILAND IS SERVING ON THE APPROPRIATIONS COMMIR'TEE, ATTENDED THE PLANNING AND ZONING MEETING, i�LET WITH THE COUNCILMEMBERS GF EL LAGO AND TAYLOR LAKE VILLAGE RE�ARDING THEIR CONCERNS ON THE CORPS CLEAR CREEK PROJECT AND BELIEVES THE eONTRACT WITH CLEAR L�AI� TRANSPORTA�ION PARTNERSE3IP IS VERY WORTHWHTLE TO k'RIENDSWOOD. COUNCILMEMB�R MANISON REPOI�TED ON ATTENDING THE INFORMATIVE ME�:TING OF G.C.M & C, THE HOUSTON/GALVESTON AREA COUNCIL MEETING ON SEPTEMS�R 16, REPORTED THAT �THE GRANT THAT FRIENDSWOOD APPLIED FOR FROM. TEXAS PARKS AND WILDLSFE FOR THE ACTIVITY BUILDING DID PASS AND WTLL BE FQRW�,RDED ON TO TEXA9 PARItS & WILDLIFE, AND ATTENDED THE REGIONAL COUNCIL OF GOVERNMENTS WHERE CHANGES IN THE LEGISI.,ATURE WERE DISCQSSED. COUNCILMEMB�R HAJECATE REPORTED ON A�TENDZN� THE �CM&� MEET7CN�, TRIED TO ATTEND THE BANQUET IN SAN ANTONIO HONORING CITY SECRETARY DTZ�Q&IS MCK�ftZIE. AS "MUNICIPAL Ct,ERK OF THE YF.AF2" BUT UNFOL2TQNATELY,, THE FLIGHZ' WAS DELAX'ED, AND REPORTED ON ATTENDTNG THE TEXAS IKUNICIPAL LEAGUE. INTER-GO`TERNMENT RISK POOL.MEETING. MAYOR WHTTAKER REPORTED ON ATTENDING `.CHE PICNIC FOR TF� UETERl�NS OF FOREIGN WARS, AND STATED THAT THIS IS A NEW POST IN FRIENDSWOOD W�HICH IS. VERY' WORTHV+THILE AND THAT HE IS PROUD TO HAVF THIS POST IN THE COMMUN7:TY. •--- TyIR. CHAR�,IE ORGAN, REPRES�NTING THia COMMUL�ITY PyPPEARANCE BOARD (CAB), APPEARED BEFORE COUNEIL AND MADE A PRESENTATION OF BUSINESS YARD OF THE MQNTH TO SONIC DRIVE—IN RESTAURANT LOCATED ON FNf 518 AND S�ATED THAT THE CAB "FALL HAUL—A—DAY" WII;L BE HELD OCTOFiER 4 AT OLD �ITY PARK. MS.SHARON GRANERE, REPREBENTING TH� CHAMB�R, MADE A REPORT REG�RDING THE "HOLIDAY LIGHTS AND DREAMS" CHRISTMAS DECORATTON FUND—RAISER AND PRESENTED A CHECK FOR $12,142.84 FOR NEW �HRISTMAS DECORATIQNS AND STATE� THF�T THERE WERE 5 LIGHTPOLE 5PON50&S. ' CI�Y MANAGF�t COX REPORTED THAT OF'F`ICER RQSS ELIASON RECENED A SPECIAL RECOGNITION FROM FRIENDSW�OD INDEPENDENT SCHOOL DISTRICT, THE "MAKIN� A DIFFEREN�E" AWI�IRD, BECAtISE OE' HIS CONTRIBUTION. TO MAKING. A DIFE'E�ENCE IN THE SAFETY OF THE STUDENTS AT CLINE PRIMAI2Y SCHOOL. OFFIC�R ELIAS�N HAS SERVED ON HIS OFF—DU.TY HOURS FOR THE T,AST TEN YEARS AS THE TRAFFIC C0�`I.'ROL OF'FZCER. „ . . _ U, , i1�5 MR. COX ALSO RLPORTED ON "FREAKY FRIDAY" JOB SWAP WHICH WAS HELD ON SEPTEMBER 19 AT LEAUESLEY PARK'S JONES HANGAR. **COUNGILMEMBER T+lANISOI� MO�lED TO APPRO�TE �FiE. INTERLOGAL AGRF..EMEN� BETWEEN GALVESTON COUNTY COMMISSIONER'S COURT AND THE CI7.'Y OF FRIENDSWOOD FOR THE FOLLOWING: A) PARTICIPATION IN THE EXTENSIOI� OF BAY A�2EA BOULEUARD AND THE CONSTRUCT�ON OF' A SOUNDW1aLL FOR SOI�IERSET PLA�E SUBDIVISION; B) FOR THE PURCHASE OF A VEHICLE FOR THE S�NIOR PROGR�M. � SECONDED BY COUNCILMEMB�R HAJECATE. THE MOTION PASS�D UN1aNIMOIISLY.. DISCUSSION WAS HELD REGARDING WHO WO[1LD MAINTAIN THE SON.SERS�T SOUND W�1LL. WZTH T01�'Il�iY DOWDY, PRESIDENT OF THE �OMERSET HOMEOWNER5 ASSQCIAIT�N STATING THE HOMEOWNERS AS50CIA�ION WILL MAINTAIN Z'HE WALL. **COUNCILMEMBER HAJECA�E MOVED TO APPRO'tlE RESOLUTIO�T R97-40, A RESO�,UTION OF THE CTTY COUNCIL OF THE CITY' OF FRIENDSWOOD, TEXAS, ENDORSING "'ONE NATION UNDER GOD" PROJECT. SECONDE.D BY COUNCILMEMBE.I2 AUSTIN. THE MOTTON PASSEI� UNIINIMOL]SLY. **COUNCILMEMBER TiAJECATE MOVED TO APPRO�IF THE SETTLEMENT AGREEMENT IN THE AMOUNT OF $175,000 WITH MUI7 #55 FOR P12��-RA'�A SH1�fRE FOR OPERATION (7F FLOW METERING AT BLACKHAWK TREA�MENT PLANT. SECONDED BY CC7UNCILMEMBER MANISON. THE MOTION PASSED 4-2 WITH COUNCILMEMBERS AUS�IN AND D�CREY OPPOSED. **COUNCILMEMB�R MEAS�LES MQ�TED TO PROCEED FORWARD PREPARING FOR THE SCHEDULED HEARING OCTOBER 28 BEFORE THE RAILKOAD COMMISSION REGARDING. EXXON PIPEZINE'S APPLICATION FOR A T-4 PERMIT TO CONSTRU� A. 16" ETHANE PIPELINE THRO�JGH THE CITY OF FRIENDSWOOD. SECONDED BY COUNCILMEMBER HAJECATE. THE� MUTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER HAJECATE MO�IED TO APPROtFE RESOLUTZON R97-34, A RESO�;UTION OF THE CITY OF FRIENDSWOOD, TEXAS, HEREIN.�'TER RF.FERRED TO AS "APPLICANT", ��"'�, DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIHL,E FQR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WI�i THE OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVTSION, HEREINAFTER REk�RRED TO AS "DEPARTMENT", FOR THE PURPOSE OF PARTYCIPATING IN THE CRIMINAL JUSTICE DIVISION GRANT PROGRA.M, HEREINAFTER REFERRED TQ AS THE PROGRAM", CTRTIF'Y THRT THE "APPLI.CANT" IS ELIGIBI�E TO RECE:CVE PROGRAM ASSISTAN�E' CERTIF`YING T�3AT THE "APPLICANT" I5 NOT RESPONSIBLE FOR ANY MATCHIN� FUNDS; ANI) DEDICATIN6 TF� FUNDS EOR THE PURPOSE OF SPEC•IAI,IZED EQUIPMENT. SECONDED BY COUN�:LLMEMB�R AUSTIN. THE MOT7CON PASSEI3 UNANIMOUSLY. **COUNCILMEMBER L�ICKEY MOVED TO APPROVE :RESOLUTIOK 97-36, A RESOLUTION OF THE CITY OF FRIENDSWOOD ENCOUAAGING AN INC&EA.SE. IN THE BOARD OF DIREGTORS OF THE GALVES'�ON CENTRAL. APPRAISAL DIS�RICT FROM FIVE TO SEVEN MEMB�RS AND ENCOURAGING REPRE�SENTATION FROM THE CITIES IN GALVESTON CQUNTY. SECONDED BY COUNC:CLMEMBEIZ AUSTIN. THE MO�ON PASS�D UNANIMOUSLY. **COUNCILMEMBER MEA��LES MOVED TO APPRaVE RESOLU.TION R97-38, A RESOLUTION OF THE CITY COUN�I:L OF TI� CSTY OF FRIENDSWOOD, TEXAS, ESTABLISI3ING A MORATORIUM ON TH� ACCEP�ANGti OF APPLIGA�IONS FOR AND THE ISSU1�lNCE OF DEVELOPMENT PERM7CTS, BUILDING PERMZTS OR CERTIEICATES. OF OCCIIPANCY FOR SEXUALL'Y ORIENTED BUSINESSES. r..m.. � � ' r;. L' 1176 SECONDED BY COUNCILMEMBER AU5TIN. *�*COUNCILMEMBER DICKEY MOVED TO AMEND SECTION TWO OF RESOLCITION 97-38 WTTH THE DATE FOR COMPLETTON BY PLAN�T-IN� AND ZONING TO BE ON OR BEFORE F'�BRUARY 15, 1998 FOR RECOMMEND�ATION TO COUNCIL. SECONDED B�' COUNCILMEMBER HAJECATE. THE MOTION PASSED UNANIMc�iISLY. ****THE MAIN MOTION PASSED UNAt3IM0[IS.LY. **COUNCIT�T'�(F:M13FR �TCKEY MOV�D TO TABLE ORDINAN�E T97-14, FIRST. READING OF THE TREE ORDINANCE. SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION PASSED UNANIMOASLY. I **COUNCILMEbIBER HAJEC,ATE MOVED TO APPRQVE ORDINANGE N0. T97-16, FIRST READING OF AN ORDINANCE DECLAR7:NG �1ND DEDICATING THE PROPERTY KNOWN AS "RECREATION RESERVE A", AS SHOWN UN THE REPLAT OF A PORT.70N OF REGENCY ESTATES SUBDIVISION, IN THE SARAH MCKISSICK LF..AGUE A-151, CITY OF FRIENDSWOOD, COUNTY OF GALVESTON, STATE OF TEXAS, FILED WITFi THE COUNTY ON APRIL 13, 1984, AS A PUBLIC P!-1RK; NAMING SUCH PARK AS LEAVESLEY PARK; FORMA.LLY ACCEPTING THE DEDICATION OF SUCH RECREATION RES�RVE? "A" AS A CITY PARK IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS; ANll PROVIDING FOR THE IMPpSITION OF DEED RESTRICTIONS ON THE PROPERTY IF IT SHOULD BE SOLD. , SECONDED BY COUNCII,MEMBER AUSTIN. TFIE MOTION PASSED UNANIMOUSLY. **COUNCILMEMBER MEASELES MOVED TO APPROVE Tf� CONSENT AGENDA WITH THE EXCEPTION OF ITEMS A-2 AND D FOR A 5EPARATE MOTION. I�.. PAYMENT OF CAPITAL PROJECTS: 1. COWARD'S CREEK 24" SANITARY SEWER REPLAC:EMENT W�.TH THE THIRD PAYMENT ZN THE AMOUNT OF $1,927.97 TO WAYNE SMITH & ASSOCIATES FOR ENGINEEI2ING SERVICES QN REPLAC�MErIT OF 975 FEET OF SEWER LINE FROM DEEPWQpD LIFT STATION AI,ON� COW.�RD'S CREEK. THE CONSTRUCTION PHAS� TS 93 PERCENT COMPLETE. B. APPROVE CERTIF'ICATE OP ACCEP�ANEE FOR SANITARY. SEWER SERVICE TO RANCHO VIEJO FOR THE CONTRA�TOR'S ONE-YE�2 1�SNTEN�ANC�g PERIOD. C. APP�20VE CHANGE ORDER TO MANHOLE I2EH7�BI.LITATION P120�7ECT WITH D. E. WILLIAMS IN THE AMOUNT OF $13,000 FOR ADDITTONAL WORK IN QUAK�?R'S LANDING AND HERITAGE ES�ATES TO SEAL 232 LINEAR F'EET OF MAI3Ii0LES. E. 7�CCEPT STREETS, UTILITIES AND DRAINAGE FACILITIES IN FAr,CON RID�E III SUBDIVISION FOR THE CONTRACTOR'S ONE—YEAR MAINTEHANCE PERIOD. F. APPROVE LOGO DESIGN FOR , COMMUNZTY AppEARANCE BOARD TO BE USE?D IN CONJIIN�ON FxITH CITY EMBIFEM, G. APPROVE BANNER PERMIT APPLICATIOI� �'ROM FRIENDSWOfJD HISZ'ORIGi4L SOCIETY FOR OCTOBER 13-20, 1997, FOR HERITAGE DAY. H. RESOLUTION R97-37, ADOPT THE REPORTER NEWS AS THE OFFICIAL NEWSPAPER FOR THE CITY OF FRIE�IDSWOOD. I. PROPERZ'Y TAX REPORT FOR AUGUST, 1997. J. MINUTES OF 'AUGUST 18 AND AUGUST 21, 1997. SECONDED BY COUNEILMEMBER HA,7ECATE. THE MOTIO�T PASS�D UNA,N:LMOFJSLY. **COUNCILMEMBER HAJECATE MOVED TO AF'PROVE ITEM A-2 OF THE CONSENT AGEND�1, PAYMENT OF CAPITAL PROJE'CTS FOR RANEHO VZESO S1�NITARY SEWER ANI) LIFT STATION. SECOhIDED BY COUNCILMEMB�F� NI�NISON. ***COUNCILMEMB�.R DICKEY MOVED TO �MEDTD THE MAI�I MOTIQN FOR TI�E CITY MA2���R TO� NOTIE`Y THE PROPER�.'Y OWNERS TO NOT:LCE THE_ CITY IF ANY PROBT,EMS OR DEFECTS ARE NOT.IGED IN THE. 13E}LT� TV�ELUE. MQ�S W4ITH THIS SE�+�TE� PROJECT. SECONDED BY COUNCILMEM$ER. HA,�'EC.,�}Tg, THE MpTIpLT pASS�D UNANIMOE:fSLY. .,. .. . 7<. 1177 ****THE MAIN MOTION PASSED 5-1 WITH COUNCILMEMBER DICKEY OPPOSED. **COUNCILMEMBER HAJECATE MOVED TO APPROVE TTEM D, AMEDID AGREEMENT WITH CLAUNCH AND MILLPR FOR ENGINEERING AND INSPECTION SERVICES UP TO $140,,000 FOR SAN JAOQUIN PARKWAY PROJECRT. � SECONDED BY COUNEILMEMBER MANISON. ***C�UNCILMEMBER DICKEY MOVED TO TABLE THl3 MOTION FOR APPROVAL TO AMEND THE �.—., CLAUNCH & MILLER CONTRACT E'OR SAN JOAQUIN PARKWAY PROJECT. ' SECONDED BY COUNCILMEMBER AUSTIN. THE MO�'ION FAILED 4-2 WITH MAYOR WHITAKER AND COUNCILMEMBERS HAJECATE, MANISON, AND MEASELES OPPOSED. _ ****THE MAIN MOTION PASSED 4-2 WITH COUNCI]:�MEMBERS DICKEY AND AUSTIN OPPOSED. A tdOTION WAS MADE AND PASSED TO ADJOURN AT 8:33 P.M. G22�� ��.`-",-1 MAYOR HAROLD L. WHITAKE ATTEST: " � � . / DELORIS MCKENZIE, RMC CITY SECRETARY � � � ; , i r:.