HomeMy WebLinkAboutCC Minutes 1998-01-19 Regular 1235
STATE OF TEXAS ) (
CITY OF FRIENDSWOOD ) (
COUNTIES OF GALVESTON/HARRIS ) (
JANUARY 19, 1998 ) (
MINUTES OF A REGVLAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD
ON MONDAY, JANUARY 19, 1998, AT 5:30 P.M. , AT FRIENDSWOOD CITY HALL COUNCIL
CHAMBERS, 910 5. FRIENDSWOOD DRI�IE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING
PRESENT CONSTITUTING A QUORUM:
�
MAYOR HAROLD L. WHITAKER
MAYOR PRO TEM ALINE DICKEY
�( . COUNCILMEMBER KITTEN HAJECATE
COUNCILMEI�43ER JERRY ERICSSON
COUNCILMEi�IDER TOM M1INISON (ARR. 5:50)
COUNCILMEMBER MEL AUSTIN
COUNGILMEMBER MEL MEASELES
CITY ATTORNEY KIM MICKELSON
CITY MANAGER RON COX
CITY SECRETARY DELORIS MCKENZIE
MAYOR WHITAICER CALLED THE MEETING TO ORDER.
COUNCIL CONVENED INTO EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS
GOVERNMENT CODE SECTION 551-071, CONSULTATION WITH ATTORNEY CONCEFZNING
PENDI23G OR CONTEMPLATED LITIGATIONJ A SETTLEMEN'I' OFFER; OR A MATTER IN WHICH
THE DLJTY OF THE ATTORNEY REQUIRES IT AND SECTION 551-074, PERSONNEL MATTER$.
COUNCIL RECONVENED INTO REGULAR SESSION WITH NO ACTION TAKEN.
CITY DSANAGER CQX GAVE THE INVOCATIOAT.
CHRISTOPHER BALLENTINE, REPRESENTING BOY SCOUT TROOP 442, LED THE PLEDGE OF
ALLEGIANCE TO THE STATE OF TEXAS AND TO THE UNITED STATE3.
s
MAYOR WHITAKER AND PLANNINCi AND ZONING CHAIR BILL FINGER CALLED A PUBLIC
y HEARING TO ORDER TO RECEIVE COMMENT, EITHER ORAL OR WRITTEN, REGARDING A
REQUEST FOR THE FOLLOWING:
REQUESTING A SPECIFZC USE PERMIT FOR 0.2893 ACRES, IN THE 200 BLOCK
OF EAST EDGEWOOD, LOT 2, BLOCK l, (SOUTHEAST PORTION) , MELODY
PLAZA SECTION TWO SUBDIVISION, GALVESTON COUNTY, TEXA5, FROM
PLANNED UNIT DISTRICT (PUD) TO SPECIFIC USE PERMIT—PRINT 5FIOP
(SUP—PRINT SHOP) .
I�t. AL LENTZ, AGENT FOR THE PROPERTY, APPEARED BEFORE COUNCIL AND PRESENTED
THE PROPOSED PI,AN, AND GAVE AN EXPLADIATION REGARDII3G THE COMMON DRIVE
BETWEEN LOTS ONE ADID TWO.
NO ONE OPPOSED THE REQUEST.
HEA.RING NO FURTHER INPLTT, THIS PORTION OF THE PUBLIC HEARING WAS CLOSED.
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MAYOR WHITAKER AND PLANNING AND ZONING CHAIR BILL FINGER CALLED A PUBLIC
HEARING TO ORDER TO RECEIVE CONSENT, EITHER ORAL OR WRITTEN, REGARDING A
REQUEST FOR THE FOLLOWING:
REQUESTING A SPECIFIC USE PERMIT FOR 16 . 9255 ACRES, LOCATED ON
WINDSONG/FM 528, OUT OF LOTS 12 AND 15, SECTION 6B, S AND F
SURVEY, BURGESS ADDITION, GALVESTON COUNTY, TEXAS FROM SINGLE FAMILY
RESIDENTIAL (SFR) TO SPECSFIC USE PERMIT-SCHOOL (SUP-SCHOOL) .
THE ARCHITECT FOR FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT (FISD) APPEARED
BEFORE COUNCIL AND STATED THAT THIS SCHOOL WOULD BE A REPEAT OF BALES
INTERMEDIATE, EXPLAINED THE LOCATION OF THE SIDEWALKS, EGRE5S AND INGRESS OF
DRIVEWAYS, PLAYING FIELDS, CONCERNS FOR SAFETY AND TRAFFIC LIGFITS.
MR. DAVID DICKENS, OWNER OF LOT 40 ON WINDSONG, APPEARED BEFORE COUNCIL AND
STATED THAT HE IS BUILDING A HOUSE 3 ND IS CONCEFtNED WITH THE FENCING BETWEEN
THE RESIDENTIAL AREA AD7D THE SCHOOL, STATED THAT THE PFtOPERTY HA5 BEEN USED
OVER THE YEARS FOR SOCCER, THAT SOCCER GROUPS HAVE BEEN WORKING ON THE
PROPERTY, AND THAT THE BERM IS ENCROACHING ON HIS PROPERTY.
MR. RON DECKER, 2210 N. MISSION CIRCLE, APPEARED BEFORE COUNCIL AND STATED
THAT THTS PROPERTY WOULD BE BETTER SERVED BY A TR.AFFIC LIGHT AT DE SOTA AND
FM 528, AND THAT THIS NEW SCHOOL WILL CREATE A TREMENDOUS BURDEN ON TR.AFFIC.
MS. CAROL DEAN, FROM MISSION ESTATES III, APPEARED BEFORE COUNCIL AND STATED
THAT HER MAJOR CONCERN REGARDING TH25 REQUEST WOULD BE TRYING TO SLOW DOWN
TRAFFIC ON FM 528.
HEARING NO FURTHER INPUT, THE PUBLIC HEARING WAS CLO5ED AT 7:35 P.M
COUNCILMEMBER MEA5ELE5 REPORTED ON ATTENDZNG THE BICYCLE ADVISORY COMMITTEE
MEETING, AND THE 34TH ANNUAL CHAMBER BANQUET ON 5ATURDAY, JANUARY 1.7 .
COUNCILMEMBER DICKEY REPORTED ON ATTENDING THE PARKS AND RECREATION BOAFtD
MEETING DURING WHICH DISCUSSION WAS HELD REGARDING FUNDS FROM THE S.ALE OP'
ALCOHOL AT THE SPORTS PARK, AND THE PARK DEDICATION ORDINANCE, AND REMINDED
COUNCIL OF THE GALVESTON COUNPY MAYORS 3 ND COUNCILMEN'S ASSOCIATION MEETING.
COUNCILMEMBER AUSTIN REPORTED ON ATTENDING THE COMMUPIITY APPEARANCE BOARD
(CAB) TREE GIVE-AWAY, THE FRIENDSWOOD CONNECTIQN MEETING, P,1 TD TFIE CLEAR LAKE
TRANSPORTATION PARTNER9HIP MEETING.
COUNCILMEMBER MANISON REPORTED ON ATTENDING THE WATERS DAVIS SOIL
CONSERVATION MEETING, THE TEXAS SOIL AND CONSERVATION MEETING FOR FUTURE
STUDY, THE HARRIS COUNTY MAYORS 1 ND COUNCILS ASSOCIATION MEETING (H.C.M. &
C. ) , THE LAST PLANNING AND ZONING MEETING, ENVIRONMENTAL MEETING TO ADDRESS
ISSUES STATEWIDE, 31ND THE CHAMBER BAN'QUET.
COCJNCILMEMBER ERICSSON REPORTED THAT THE BANQUET WAS A GOOD OPPORTUNITY TO
MZX WITH THE COUNTY COMMIISSIONERS, THE COUNTY JUDGE, AND ALSO CONGRESSMAN
LAMPSON, ATTENDED THE CAB TREE GIVE-AWAY, H.C.M.& C. MEETING WHERE THE TOPIC
OF THE SPEAKER WAS EFFICIENT FISCAL GOVERNMENT, REPORTED THAT SAN JOAQU2N
BOULEVARD WAS CONSTRUCTED SOME 12 TO 15 YEARS AGO AND WAS BUILT SUBSTANDARD,
ADTD THAT THE GOOD bTEW5 WAS THAT THIS PROJECT WILL BE UP FOR BID IZT THE VERY
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NEAR FUTURE, AND REPORTED THAT LAST WEEK HE WAS INVITED TO GO BUT COULD NOT
ATTEND THE PRESENTATION OF A PLAQUE TO FRIENDSWOOD INDEPENDENT SCHOOL
DISTRZCT FOR PARTICIPATION IN THE STAR BASE PROGFtAM SPONSORED BY THE
NATIONAL GUARD.
COUNCILMEMBER HAJECATE REPORTED ON ATTENDING THE CFLAM33ER BANQUET AND THANKED
MADIDY ALBRITTON AND LAURA EMMONS, WHO WERE CO-CHAIR5 OF THIS EVENT, FOR A
WONDERFUL JOB, AND REPORTED THAT CITY SECRETARY DELQRIS MCKEAIZIE WAS A
PRESENTER AT THE 26TH ANNUAL TEXAS MUNICIPAL CLERKS ASSOCIATION ELECTION LAW
SEMINAR AND STATED THAT SHE APPRECIATES THE CITY SECRETARY'5 CONTRIBUTION TO
TMCA AND IS PROUD OF MS. MCKENZIE'S REPRESENTATION OF FRIENDSWOOD, AND
REPORTED THAT SHE ATTENDED TFiE PRAYER BREAKFAST LAST SATURDAY.
' MAYOR WHITAKER REPORTED ON ATTENDING TIiE GLTLF COAST COALITION OF CITIES
MEETING THAT WAS HELD JANLJARY 6, AND ALSO THE CHAMBER BANQUET LAST SATURDAY,
WHICH TURNED OUT TO BE A WONDERFUL EVENING.
MS. JEAN BILDERBACH, CHAIR OF THE FRIENDSWOOD SENIOR CITIZENS ADVISORY
BOARD, APPEARED BEFORE COUI3CIL TO THANIC CO2�4fISSIONER ED STLIART FOR TFIE NEW
DIAMOND COACH, A 20-PASSENGER VAN WITH A WHEELCHAIR RAMP THAT WILL BE USED
BY THE SENIOR CITIZENS.
COMMZSSIONER ED STUART 5TATED THAT CREDIT FOR TH23 548,776 VEFIICLE SHOULD
ALSO GO TO JUDGE YARBROUGH AND COhII�tISSIONERS BARR, JANEK AND JOHNSON FOR
SUPPORTING THIS PROJECT, REPORTED THAT FULL FUNDING ZN THE AMOUNT OF
5178, 000 FOR THE SOMERSET WALL HAS AL80 BEEN GRAN'PED, INVITED EVERYONE TO
THE NEW COUNTY ANNEX LOCATED AT FM 518 AND CALDER ROAD, AND STATED THAT HE
HAS BEEN COUNTY COMMISSIONER FOR 3 YEARS AND IS LOOKING FORWA.RD TO BEING
THERE ANOTHER FOUR YEARS.
MAYOR WHZTAKER THANKED THE COMMISSIONER'S COURT 023 GETTII3G THESE PROJECTS
FUNDED FOR FRIENDSWOOD AND STATED THAT TFIE CITY rI0 LONGER FEELS LZKE AN
ORPHAN.
, COUNCILMEMBER HAJECATE THANKED COMMISSIONER STUART FOR ALL HE HAS DONE FOR
THE CITY OF FRIENDSWOOD.
COUNCILMEMBER MANISON REPORTED THAT COMMISSIONER ED STUART HAS BEEN
APPOINTED THE GALVESTON COiJNTY OFFICIAL REPRESENTATIVE ON HOUSTON/GALVESTON
AREA COUNCIL BOARD,
KATHERINE HALE, 902 APPLEWOOD, PRESIDEI3T O� WILDERNESS TR.AIL HOMEOWI3ERS
ASSOCIAT20I3, APPEARED BEFORE COUNCIL REGARDING THE THOROUGIiFARE PLAII
COMMITTEE, AND EXPRESSED CONCERN REGA.RDING DELAYS ADID NOT BEIAIG PROVIDED
INFORMATION AS REQUESTED, AND ASKED THE MAYOR, COUNCILMEMBERS, AND THE CITY
MANAGER TO BE HONEST AtdD FACTUAL IN REPRESENTING THE CITY.
MR. DAN RUCKER, MANAGER OF THE COASTAL BEND PROPERTY DEVELOPMENT, APPEARED
BEFORE COUNCIL REGARDING THE RESOLUTYON REGARDING ABANDONMENT OF RIGFiTS OF
WAYS AND EXPRESSED HIS CONCERN BECAUSE HE HAS A PLAT ON THE TABLE AND DOES
NOT LIKE THE IDEA OF CF3T�7GING PLANS IN MIDSTREAM AND REQUESTED COUNCIL
CONSIDER GRANDFATHERING PLATS THAT ARE UNDERWAY.
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JACQUELINE PARLAN'TI, 1905 SAN JOAQUIN, PRESIDENT OF THE SAN JOAQUIN
HOMEOWNERS ASSOCIATION, APPEARED BEFORE COUNCIL WITH A PETITION SIGNED BY
HOMEOWNERS TO FiAVE THE SAN JOAQUIN PARKWAY REPAIR BEGIN.
MR. RON BOYD, REPRESENTING ANNALEA SUBDIVISZON, SECTION I, APPEARED BEFORE
COL7NCIL TO EXPRESS HIS CONCERNS REGARDING DRAINAGE PROBLEMS, SIDEWALRS FROM
2351 TO THE E23D OF THE SUBDYVISION, AND SPEED BUMPS ON MARY ANN STREET.
MR. DAVID DANNEMILLER, 1314 PINEX WOODS, APPEARED BEFORE COUNCIL REGARDING
FRIENDSWOOD POLICE DEPARTMENT'S HANDLING OF THE LAUR.A SMITHER'S CASE,
PRESENTED A PHOTO OF LAURA, STATED THAT HE FEELS THE HANDLING OF THE CA5E
WAS SPECTACULAR AND EXEMPLARY, AND STATED THAT COUNCIL I5 ELECTED TO SERVE
AT WILL AND ARE EXPECTED TO SUPPORT THE FRIENDSWOOD POLICE DEPARTMENT.
MRS. GAY SMITHER, 2600 WARE DAIRY ROA.D, APPEARED BEFORE COUNCIL AND READ A
PREPARED STATEMENT IN 5UPPORT OF THE POLICE DEPARTMENT AND DZSCUSSED
COUNCILMEMBER DICKEY SPEAKING TO THE MEDIA REGARDING THE ONGOING
INVESTIGATION IN TFIE LAURA SMITHER'S CASE PUBLICLY EXPRESSING CONCERN ABOUT
THE INVESTIGATION FROM THE POLICE DEPARTMENT. MS. SMITHER STATED WE WILL
NOT TOLERATE A MEA�ER OF OUR CITY COUPICIL PUBLICLY CQMPROMISING THAT TRUST
FROM AN LTNINFORMED PER50N, ASKED COUNCILMEMBER DICKEY FOR A PUBLIC APOLOGY
TO THE POLICE CHIEF AND THE POLICE DEPARTMENT AND ASKED COUNCILMEMSER DICKEY
TO RESIGN THE POSITION OF PUBLIC TRUST.
COUNCILMEMBER DICKEY STATED THAT WHEN SHE RECEIVED THE CALL FROM THE MEDIA,
REGARDING THE EVIDENCE IN ON LATTR.A SMITHER'S MURDER, SHE WAS CAUGHT OFF
GUARD AND WAS SHOCKED 5HE WAS NOT INFORMED WHEN SHE SHOULD HAVE BEEN
INFORMED, AND WHEN SHE WAS ASKED WHAT SIiE TFiOUGHT ABOUT HEARING IT FROM THE
PRESS, SHE STATED SHE WAS DISAPPOINTED IT WAS NOT FROM CITY HALL, THAT THE
CITY COUNCIL MEt�ffiERS HAD NOT BEEN INFORMED AND STATED THAT SFiE DOES
APOLOGIZE TO TFIE SMITIiER'S FAMILY �ND STATED SIiE WANTS THE MAI3 WHO DID
THIS. ATOT ANY MAN, SHE WANrS THE M31N WHO DID TIiIS, BECAUSE IF WE DON'T GET
THE MAN WHO DID THIS, THAT MEANS HE'S STILL OUT ON THE STREET. AND IN HER
OPINION, HER HOPES ARE THAT IT IS WHO IS IN CUSTODY RIGHT NOW.
COUNCILMEMBER DICKEY STATED THAT SHE IS CAUGHT OFF GUARD WHEN SHE DOES NOT
HAVE INFORMATION THAT SHE AND COUNCZL HAVE REQUESTED AND HAVE JUST NOT
GOTTEN IT. COUNCILMEMBER DICKEY FURTFiER STATED I APOLOGIZE IF THIS HAS
CAU5ED ANY ANGUISH TO YOU OR YOUR FAMILY, BECA'(JSE ZT WAS NOT MY INTENTION AT
ALL. I WOULD LIKE SOME ANSWERS AND HAVE REQUESTED SO 1�ND HOPE THEY WILL BE
FORTHCOMING FROM OUR CITY 237�NAGER AND POLICE CHIEF.
MR. MICHAEL BARKER, 411 CARRIAGE CREEK, MS. NICOLE CHRISTOPH, 1906 SAN
JOAQUIN PARKWAY, MR. TIM MILLER, 9511 GULF BRIDGE (HOUSTON, ?7075) , MS.
CAROLYN TODD, 307 WINDING WAY, AND MS. TERRY ARNOLD, 8Q3 MEADOWLARK,
APPEARED HEFORE COUNCIL TO EXPRESS THEIR CONCERNS REGARDING COUNCILMEMBER
DICKEY, THE INTERVIEW 5HE GAVE, THE LENGTH OF TIME IT TAKES FOR FORENSIC
TESTING, THE ABUSE OF HER OFF=CE AS MAYOR PRO TEM AND THAT MS. DICKEY SHOULD
LOSE HER POSITION AS PAYOF2 PRO TEM, APTD THAT POLITICS SHOULD NOT DZCTATE TO
POLICE BUSINESS AN'D SUGGEST SEiE RE52GN HER POSITION ON COUNCIL.
CITY MANAGER COX REPORTED ON THE TELEPFdONE NUMBER CONSERVATION MEASURES IN
TEXAS AND ALSO REPORTED ON THE STREETLIGHT POLICY FOR THE HARRIS COUNTY
PORTI�N OF THE CITY AND FLTTURE STREETLIGHT PLACEMENT YN THE CITY.
1239
COUNCILMEMBER DICKEY ASKED CITY MANAGER COX HOW MANY LIGSTS WILL BE
INSTALLED WITH CITY MA.NAGER COX STATING THAT HE WILL CHECK INTO THIS.
**COUNCILMEMBER HAJECATE MOVED TO APPROVE THE GALVESTON COUNTY ECONOMIC
DEVELOPMENT ALLIANCE PARTICIPATION.
SECONDED BY COUNCILMEMSER NLANISON. THE MOTION PAS5ED UNANIMOUSLY.
**CO'UNCILMEMBER MEASELES MOVED TO REAPPOYNT ZEKIE MCVEIGH AND TOM BURKE AND
APPOINT ROBERT BERTRAND AND HARLESS BENTHUL TO THE PLANNING AND ZONING
COMMISSION, TERMS TO END JULY, 200d.9�
SECONDED BY COUNCILMEMBER HAJECATE.
***COUNCILMEMBER DICKEY MOVED TO AMEND THE MOTION, TO APPOINT ROBERT
BERTR.AND AND TO REAPPOINT MIKE STOREY TO THE PLANNING AND ZON'ING
COMMISSION. NO ONE SECONDED THE MOTION.
****THE MAIN MOTION PA5SED 6-1 WITH COLTDICILMEMBER DICKEY OPPOSED.
**COUNCILMEMBER HAJECATE MOVED TO APPROVE THE YMCA CONTRACT TO PROVIDE
WESTWOOD'S AFTER SCHOOL PROGRAM AND TEEN COURT.
SECONDED BY COUNCILMEMBER MANISON.
***COUNCILMEMBER DICKEY MOVED TO AMEND THE MOTION WITH $3, OQ0 TOWARDS TEEN
COURT AND $2, 000 TOWARDS AFTER SCHOOL PROGRAM.
SECONDED BY COUNCILMEMBER AUSTIN. THE MOTION FAILED 3-4 WITH MA.YOR WHITAKER
AND COUNCILMEMBERS HAJECATE, ERICSSON AND MANISON OPPOSED.
�***THE MAIN MOTIOII PASSED UNANIMOUSLY.
COUNCILMEMBER MEASELES WAS OUT OF THE ROOM AT THIS TIME.
**COUNCILMEMBER AUSTIN MOVED TO APPROVE RESOLUTION R98-1, A RESOLUTION OF
THE CITY OF FRIENDSWOOD, TEXAS, DETERMINING HOUSTON LIGIiTING & POWER
COMPANY'S PETITION IS A R.ATE FILINGr SUSPENDING TIiE EFFECTIVE DATE; AND
SETTING FORTH OTHER PROVI5IONS RELAT=NG THERETO.
SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION PASSED 6-0.
COUNCILMEMBER MEASELES RETURNED AT THIS TIME.
**COUNCILMEMBER AUSTIN MOVED TO APPROVE RESOLUTION R98-2, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, ESTABLISHING A POLICY
FOR THE VACATION OF RIGHTS-OF-WAY WITHIN THE CITY OF FRIENDSWOOD.
SECONDED BY COUNCILMEMBER ERICSSON. THE MOTION PASSED UNANIMOUSLY.
**COUNCILMEMBER 2,SANISObi MOVED THE APPROVE THE CONSENT AGENDA AS PRESEI3TED.
A. PAYMENT OF CAPITAL PROJECTS: l. SAN JOAQUIN PARKWAY STREET
IMPROVEMENTS WITH THE NINTH PAYMENT IN THE AMOUNT OF $2,478.17 TO CLAUNCH &
MILLER, INC. FOR ENGINEERING SERVICES DURING DECEMBER 1997. GEOTECHNICAL
SERVICES, SURVEYING AND PRELIMINARY ENGINEERING ARE COMPLETE. THE DESIGN
PHASE IS 100 PERCEhIT COMPLETE. B. APPROVE AMENDMENT TO INTERLOCAL
AGREEMENT WITH GALVESTON COUNTY COMMISSIONERS ' COURT FOR SOMERSET PLACE
SOUTH WALL PROJECT IN ORDER TO PROVIDE FOR ADDITIONAL FUNDING NEEDED TO
APPROVE THE BIDS AS RECOMMENDED. C. APPROVE INTERLOCAL AGREEMENT WITH
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GALVESTON COUNTY COMMISSIONER'S COURT FOR VAN FOR SEKIOR ACTIVITY PROGRAM,
THIS AGREEMENT COVERING THE FULL CQSTS OF THE VAN. D. DISPOSITION OF BIDS.
BID NO. 97-21, DIAMOND COACH FOR SENIOR PROGRI�i IN THE AMOUNr OF $48,776,
PROJECT FUNDED BY GALVESTON COUNTY. BYD N0. 97-22, SOMERSET PLACE SOUND
WALL CONSTRUCTZON TO ROADWAY CONSTRUGTION, INC. IN THE AMOUNT OF $171,311.
E. PROPERTY TAX REPORT FOR THE MONTH OF DECEMBER, 1997.
SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION PASSED UNANIMOUSLY.
A MOTION WAS MADE AND PASSED TO ADJOURN AT 9:15.
MAYOR HAROLD L. WFiITAKER
ATTEST:
.
�
DELORIS MCKENZIE, RM
CITY SECRETARY