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Home My WebLink AboutCC Minutes 1998-08-03 Regular 1331 . 4 STATE OF TEXAS ) ( CITX OF FRIENDSWOOD ) ( COUNTIES OF GALVESTON/HARRIS ) ( AUGUST 3, 1998 ) ( MINUTES OF A REGUI,AR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, AIIGUST 3, 1998, AT 7:00 P.M. , AT FRIENDSWOOD CITY IiALL COUNCIL CFiAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM MAYOR HAROLD L. WHITAKER MAYOR PRO TEM JERRY ERICSSON COUNCILMEMBER KITTEN HAJECATE COUNCILMEMBER KIM BRIZENDINE COUNCILMEMBER ALINE DICKEY COUNCILMEI+IDER MEL MEASELES CITY ATTORNEY KIM MICKELSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE COUNCILMEMBER MANISON WAS ABSENT FROM TFIE MEETING. MAYOR WHITAKER CALLED THE MEETING TO ORDER. THE INVOCATION WAS GIVEN BY RON SOLKA REPRESENTING FRIENDSWOOD BAPTIST CF3URCH. MAYOR WHITAKER LED PLEDGE OF ALLLGIANCE TO THE STATE OF TEXAS AND TO THE UNITED STATES. MAYOR WFi2TAKER REPORTED THAT COUNCILMEMBER MANISON WAS ON A CRUISE TO ALA5KA, REPORTED ATTENDING THE ECONOMIC DEVELOPMENT VISION 2020 SECOND MEETING AND REMINDED EVERYONE THAT AIIGIIST 25 WILL BE TFIE THIRD AND FINAL MEETING, ATTENDED THE CLOSING WITH FRIENDSWOOD INDEPENDENT SCHOOL DISTRIGT (FISD) REGARDING THE CENTENNIAL PARK LAND SWAP, REPORTED ON THE EXXON CASE, THE CITY AND EXXON PETITION FOR SUMMARY JUDGEMENT, THE JUDGE ORDERED MEDZATION BY AUGIIST l, REPORTED THAT THE MEDIATION CO1+gIITTEE MEDIATED ALL DAY SATURDAY A23D WERP: IINABLE TO REACH A SETTLEMENT, 31T7D THAT THE CASE I S BACK TO JUDGE JEFFERSON FOR A SUlyII+SARY JUDGEMENT MOTION. COUNCILMEMBER MEASELES REPORTED aN ATTENDING THE CO1�iTJN2TY APPEARANCE BOARD MEETING (CAB) , THE VISION 2020 MEETING, AND TIiE ONE NATION UNDER GOD PROGRAM WHERE DAVID BARTON WAS THE SPEAKER. COUNCILMEMBER DICKEY REPORTED ON ATTENDING TFIE HOUSTON/GALVESTON AREA COUNCIL BOARD OF DIRECTORS MEETING, THE CLEAR LAKE TR.ANSPORTATION PARTNERSHIP STATE OF THE CITIES MEETING, A2JD THE VISION 2020 MEETING WHERE SFiE HEARD SOME INTERESTING COMMLNTS. COUNCILMEMBER BRIZENDINE REPORTED THAT THE SECOND SLAB HAS BEEN POURED FOR THE FIABITAT FOR FiUMANITY HOUSING PROGRAM. � 1332 COUNCILMEMBER ERICSSON EXTENDED HIS COND�LENCES TO THE FAMILY OF HOWARD YEAGER, A FELLOW VETERAN, WHO RECENTLY PASSED AWAY, STATED THAT HE WAS PLEASED TO NOTE THAT THE CITY TAX RATE PROPOSAL IS THE SAME AS LAST YEAR, REQUESTED THAT LINSON LANE BE CONSIDERED FOR PAVING, REPORTED ON THE EXXON MEDIATION PROCESS, ATTENDED THE ECONOMIC DEVELOPMENT VISION 2020 MEETING WHERE 65 CITIZENS ATTENDED AND WOULD LIKE TO SEE 40 MORE CITIZENS ATTEND TIiE NEXT MEETING ON AUGIIST 25 AT THE Ip'RIENDSWOOD FRIENAS CHURCH, AND STATED THAT TFIE "ONE NATION UNDER GOD" PRQGRAM WAS AN EXCELLEIZT PRESEI3TATION. COUNCILMEMBER HAJECATE REPORTED ON ATTENDED THE VISION 2020 MEETING, AND TFIE EXCELLENT "ONE NATION TJNDER GOD" PROGR.AM, ATTENDED THE CLEAR LAKE TRANSPORTATION MEETING, THE BAY AREA PARTNERSHIP STATE OF THE COUNTIES ADDRESS FROM JUDGES, AND STATED THAT SHE CHAIRED THE TEXAS MUNICIPAL LEAGUE LEGISLATIVE COMMITTEE MEETING ON PERSONNEL, AND WISHED CITY NiANAGER RON COX A BELATED HAPPY BIRTHDAY. MR. BILL THORNTON, 701 COWARD CREEK, APPEARED BEFORE COUNCIL TO EXPRESS HIS CONCERNS REGARDYNG DRAINAGE, CORROSTON IN HIS DISHWASHER, STATED THAT THE WATER SMELLS LIKE ROTTEN EGGS, F�ND THAT THIS IS A CHRONIC PROBLEM 3:ND TIiAT THE WATER IS UNDRINKABLE. CITY M7�INAGER COX STATED THAT THE CITY HAS BEEN LOOKING INTO THIS PROBLEt+i AND REFERRED MR. THORNTON TO BILL BENDER, HLTMAN RESOURCES, RISK MANAGER FOR THE CITY. MR. COX ALSO STATED THAT HE WILL LOOK INTO THE DRAINAGE PROBLEM. MR. GENE COOK, 114 IMPERIAL DRIVE, APPEARED BEFORE COUNCIL AND EXPRESSED HIS CONCERNS REGARDING THE FEMA BUYOUT PROPOSED BY A GROUP OPPOSED TO THE CORPS OF ENGINEERS PROJECT, AND READ A PREPARED STATEMENT REQUESTING COUNCIL TO NOTIFY THE GALVESTON COUNTY COMMISSIONERS COURT THAT FRIENDSWOOD WANTS TO PROCEED WITFI THE PROJECT. MS. BARBARI�+ HOPPER, 155 IMPERIAL DRIVE, APPEARED BEFORE COUNCIL REGARDING THE PROPOSED FEMA BUYOUT ON CLEAR CREEK, STATED FRIENDSWOOD WOULD BE SE'VERELY IMPACTED BY THIS BUYOUT AND WOULD BE RESPONSIBLE FOR 25 PERCENT OF TFIE BUY OUT COST, THIS WOULD INVOLVE 350 TO 500 HOUSES AND THE CITY WOULD HAVE TO PAY FOR THE DEMOLITION, THE CITY WOULD HAVE TO MAINTAIN THIS PROPERTY, AND THAT THIS BUYOUT WOULD NOT STOP FLOODING OF THE CREEK5 AND REQUESTED THE MAYOR AND COUNCIL TO DEVELOP AN ESTIMATE OF THE COST TO FRIENDSWOOD OF THIS BUYOUT AND THE IMPACT IT WOULD HAVE ON THE CITIZENS. CAROL DEAN, 1907 DESOTA, APPEARED BEFORE COUNCIL, AND STATED THAT COUNCIL WILL RUE THE DAY THAT DAVID BA.RTON WAS INVITED TO SPEAK ON "ONE NATION UNDER GOD", ASKED WHY KENNETH BALK WAS CHOSEN FOR THE VISION 2020 PROGRAM, WHAT DOES THE CITY EXPECT TO RECEIVE FROM KENNETH BALK & ASSOCIATES, WHAT TANGIBLE PRODUCT WILL THE CITY RECEIVE AND WHAT WILL THE CITY DO WITH IT, ASKED WHO OR WHAT WAS MR. DIAMOND REFERRING TO WITH TIiE STATEMENT THAT THE CITY WILL BE THRILLED WITH A NEW PROPONENT IN TOWN, AND QIIOTED STATEMENTS FROM TIiE COMMUNITY PROFILE REGARDING THE HERITAGE AND LEGACY OF THE CITY OF FRIENDSWOOD. CITY NlANAGER COX PRESENTED HUMAN RESOURCES ASSISTANT JAYME KELSO THE FIVE STAR AWARD FOR THE SECOND QUARTER OF 1998. JAYME WAS SELECTED BECAUSE SHE IS CONGENIAL AND HELPFUL, AND ALWAY5 QUICK TO RESPOND TO THE NEEDS OF THE EMPLOYEES. � 1333 CITY MANAGER COX REPORTED ON THE TNP HEARING THAT WAS HELD BEFORE THE PUBLIC UTILITY COMMIS5ION (PUC) ON JULY 22, 1998 AND THA.T IN A COMPLETE REVERSRL OF POSITIONS AT EARLIER MEETINGS, THE COMMISSIONERS THEMSELVES APPROVED ALMOST EVERYTHING TEXAS/NEW MEXICO POWER COMPANY REQUESTED. THE GULF COAST COALITION OF CITIES WILL BE MEETING ONCE THE FINAL ORDER IS DR.AFTED, TO DETERMINE THE IMPACT OF THE DECISION AND WIiAT ACTION, IF ANY, TO TAKE FOLLOWING TFIIS ORDER. MR. COX REPORTED ON THE SECOND OF THREE WORKSHOPS FOR VISION 2020 THAT WAS HELD ON JULY 28, 1998 AND THAT APPROXIMATELY 65 CITIZENS ATTENDED. STATISTICAL DATA REGARDING THE CITY WAS PRESENTED BY MR. SILL DIAMOND AND ROLl�ND RAMIREZ OF KEhiNETH BALK & ASSOCIATES. THE THIRD AND FINAL MEETING IS SCHEDULED FOR 6:30 P.M. , ON AUGUST 25, AT TIiE FRIENDS CENTER OF THE FRIENDS CHURCH. MR. COX REPORTED ON THE CLEAR LAICE AREA TELECOMMUNICATIONS COALITION (CLATC) ON JULY 29 TO DISCUSS THE TFtANSFER OF THE FRANCHISE AGREEMENT FROM TCI CABLE TO TIME-WARNER CABLE AND CHERYL WILSON, OLSON & OLSON, WILL BE WORKING ON THE REVISED FR�INCHI5E AGREEMENT FOR FRIENDSWOOD. COUNCILMEMBER IiAJECATE STATED THAT THE SERVICE WITH TCI WAS PITIFUL AND FiOPED THAT THE CITY MF�NAGER WOULD LET TIME-WARNER KNOW THE CITIES' EXPECTATIONS WITH THE CITY MANAGER STATING THAT HE HAS TOLD TIME-WARNER AND THEY HAVE PLEDGED THAT THEY WILL PROVIDE EXCELLENT SERVICES. FRIENDSWOOD FIRE CHIEF DAN KEY APPEARED BEFORE COUNCIL AND STATED THAT THE FVFD AND SURROUNDING FIRE DEPARTMENTS WILL BE USING CAMP MF�NISON AS TRAINING WITH CONTROLLED BURNS, STATED THAT THIS WILL BE A TREMENDOUS TRAINING ACTIVITY l�1ND IS A STRUCTURED ACTIVITY. CITY MANAGER COX REPORTED THAT FIRE MARSHAL TERRY BYRD ISSUED A MEMO THAT STATED THE FiEAT WAVE IS NOT EXPECTED TO LET UP THIS YEAR, AND STATED THAT TFIE CITY SHOULD CONTINIIE CONSERVING OUTDOOR WATER USAGE WITH NO WATERING ON SLJNDAYS, MR. COX STATED THAT HE HAS RELEASED A MANDATORY OUTDOOR WATER RATIONING RELEASE AND IS REQUESTING VOLUNTEERS TO MONITOR THE SITUATION. COUNCILMEMBER DICKEY ASKED ABOUT THE TNP CASE, STR.ANDED COST, AND ASKED WHERE ARE WE, WITH CITY MANAGER COX RESPONDING NEED TO ASSESS IF WE WIN AND THAT THE STRANDED COST WILL PROB.ABLY BY BORNE BY THE MAJORITY OF CUSTOMERS, THE R.ATE CASE REIMBURSEMENT HAS BEEN ORDERED AND EXPECTS REIMBURSEMENT TO THE CITY EXCEPT FOR $90,000 AND THINKS THE PUC MADE A MISTAKE, WILL ADVISE REIMBURSEMENT TO THE CITY. COUNCILMEMBER DICKEY STRESSED NOT GIVING UP WITH CITY MANAGER COX STATING THE COALITION WILL ADVISE THE CITIES. MAYOR WHITAKER STATED THE ORDER FOR TNP STATED ANY STR1�.I�TDED COST AFTER 5 YEARS WILL HE BORNE BY TNP. COUNCILMEMBER MEASELES ASKED IF THERE WAS A 2020 VI5ION WORKSHOP SCHEDULED FOR SEPTEMHER WITFi CITY NlANAGER ADV25ING THAT THERE WILL ONLY BE THREE MEETING5 WITH TFiE LAST MEETING TO BE AUGUST 25. COUNCILMEMBER MEASELES ASKED ABOUT THE COMMUNICATI02J FROM TEXAS NATURAL RE50URCE CONSERVATION COMMISSION COMING TO FRIENDSWOOD, ASKED WHAT WILL THE CITY GAIN BY THE VISIT AND WHAT IS THE PURPOSE FOR THIS WITFI CITY MANAGER COX RESPONDING THAT HE IS NOT SURE BUT THINKS THEY ARE OFFERING TO HELP CITIES. � 1334 MAYOR WHITAKER STATED THAT THE CITY MAY NEED TO RE—EVALUATE WATER U5AGE WIi2CH WAS UP OVER TFIE WEEKEND WITH AN ALL TIME HIGH AND THAT OTIiER CITIE5 IN SURROUNDING AREAS ARE ORDERZNG WATER RATIONING. COUNCILMEb�ER DICKEY LEFT THE ROOM AT TIiIS TIME. **COUNCILMEMBER HAJECATE MOVED TO APPROVE APPOINTMENTS AND REAPPOINTMENTS FOR THE FOLLOWINGs ZONING BOARD OF ADJUSTt�NT — REAPPOINTMENT OF HAL TAYLOR, GA.RY YOKUM, ANN TALBOT AS REGULAR MEMBERS, TH�MAS RIVES AS AN (ALTERNATE) AND THE APPOINTMENT OF MARSHA STRNDRIDGE AS AN ALTERNATE MEMBER. THESE TERMS WILL EXPIRE JULY, 2000. CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS — REAPPOINTMENT OF DAN ILLERICH, RICK AGEE AND APPOINTMENT OF SUSAN KONCABA LELL. THESE TERMS WILL EXPIRE JULY, 2000. LIBR.ARY BOARD — REAPPOINTt�NT OF MICIiAEL MEZZINO, VICTORIA MIDDENTS, AND APPOINTMENT OF JOFiN G. FIEARD. THESE TERMS WILL EXPIRE JULY, 2000. PLANNING AND ZONING COMMISSION — APPOINTMENT OF A. FRANK FR.ANKOVICH TO FILL AN UNEXPIRED TERM, POSITION #4. THIS TERM WILL EXPIRE JULY, 1999. MUNICIPAL COURT — REAPPOINTMENT OF J'[TDGE JAME5 WOLTZ, AS50CIATE JIIDGE RICHARD P. FI,AKE AND PROSECUTORS STEVEN BAKER AND DENNIS BETTI50N. THESE TERMS WILL EXPIRE ON JULY, 2000. SECONDED BY COUNCILMEMBER MEASELES. THE MOTION PASSED 5-0 WITFi COUNCILMEMBER DICKEY OUT OF THE ROOM. COUNCILMEMBER DICKEY RETURNED TO THE ROOM AT THI3 TIME. **COUNCILMEMBER HAJECATE MOVED TO APPROVE THE JOINT USE AGREEMENT WITH FRIENDSWOOD INDEPENDENT SCHOOL AGREEMENT FOR CENTENNIAL PARK PROPERTY. SECONDED BY COUNCILMEI�ER BRIZENDINE. THE MOTION WAS APPROVED L7NANIMOUSLY. **COUNCILMEMBER MEASELES MOVED TO APPROVE THE LEASE AGREEMENT WITH MR. BUCK HAQ3MANN FOR USE OF PROPERTY ON FM 518 FOR SOCCER FIELDS WITFi AN AMENDMENT TO SECTION D, "AS ALLOWABLE BY LAW" . SECONDED BY COUNCILMEI�ER BRIZENDINE. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEI+�ER HAJECATE MOVED TO APPROVE RESOLUTION N0. R98-5, A RESOLUTION OF THE CITY OF FRIENDSWOOD, TEXAS, GALVESTON/HARRIS COUNTIE5, ADOPTING RULES AND REGUZATIONS FOR PARKS AN'D RECREATION FACILITIES, PAS5ED AND APPROVED AIIGUST 3, 1998. SECONDED BY COTJNCILMEMBER MEASELES. THE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMSER HAJECATE MOVED TO AYPROVE ORDINANCE N0. T98-24, FIRST READING OF AN ORDINANCE OF TFIE CITY OF FRIENDSWOOD, TEXAS, ORDINANCE N�. 85-19, AS AMENDED, ORIGINALLY ADOPTED THE 25TIi DAY OF SEPTEN�ER, 1985, BEING APPENDI}C B OF THE FRIENDSWOOD CITY CODE, I►ND BEING AN ORDINANCE PROVIDING RULES AND REGULATIONS GOVERNING PLATS �NU THE SIIBDIVISION OF LAND 'WITHII3 THE CTTY, BY ADDING A NEW SIIBSECTION (H) TO SECTION III, GENER.AI� REQUIREMENTS AD7D MINIMUM DESIGN STANDARDS TO PROVIDE GUIDELINES AND PROCEDIIRES ALLOWING TFiE PLANNING AND ZONING CO2�IIriISSION TO MODIFY THE STJBDIVISION REC3ULATIONS, PROVIDING FOR A PENALTY, AND PROVIDING FOR SEVERABILITY, WZTH AMENDMENT TO SECTION 20C, PARAGR.APH 3, NOTICE OF REQUESTED MODIFICATION, ADD NOTIFICATI�N TO MAYOR AND COUNCIL. SECONDED BY COIINCILMEMHER ERICSSON. THE MOTION WAS APPROVED IINANIMOUSLY. � 1335 » **COUNCILMEMBER MEASELES MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED: A) APPROVAL OF CONB�SLtRCIAL SITE PLANS FOR:l) FIRST COhII�2UN2TY BANK AT F.M. 518 AND CASTLEWOOD AVE. ; 2) GOODYEAR TIRE AT 710 S. FRIENDSWOOD DRIVE; 3) ZRISH GREEN H-2 AT FM 528; 4) 5CHULTZ SQUARE AT LAUREL �1ND HERITAGE DRIVE. B) APPROVAL OP' STREET BANNER USE PERMIT APPLICAT=ON FOR FRIENDSWOOD CFiAMBER OF COTrR�iERCE - FALL TR.ADE SFIOW FOR 9/14 ANll 9/21 J 9 8. C) MINUTES OF JULX 6 AND JULY 13, 1998 . SECONDED BY COUNCILMEMSER HAJECATE. THE MOTION WAS APPROVED UNANIMOUSLY. A MOTION WAS Ni1lDE AND APPROVED TO ADJOURN AT 8 :40 P.M. MAYOR HAROLD L. WHIT E ATTEST: r D LORIS MCKE ZIE, RMC CITY SECRETARX �