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HomeMy WebLinkAboutCC Minutes 1968-11-04 Regular STATE OF TEXAS COUNTY OF GALVESTON CITY OF FRIENDSWOOD MINUTES .OF THE REGULAR COUNCIL MEETING NOVEMBER 4, 1968 A regular meeting of the Friendswood City Council was held November 4, 1968, at 7:30 P.M. in the City Hall . In the absence of Mayor Ralph W. Somers, Mayor Pro-tem Edward F. Stuart, presided. The following members were present: Edward F. Stuart Mayor Pro-tem James E. Mager Councilman George F. Prude Councilman Ronald G. Hamil Councilman Thomas F. Woods Councilman Pat Gillespie Asst. City Secretary Ody Jerden City Attorney With a .quorum present, the following business was transacted. CORRECTION AND APPROVAL OF MINUTES: October 21 ,. 1968: Approved as read. 'i ANNOUNCEMENTS AND COMMUNICATIONS FROM THE MAYOR: The following statement by Mayor Somers was read for the record by Mayor Pro-tem Ed Stuart: "The Council has passed Ordinance No. 79 which addresses itself to .the control of undesirable growth of weeds and an accumulation of unsightly debris on the land area. The Mayor is charged with the responsibility of enforcing this Ordinance. The procedure used to date has worked very well and by and large has had the cooperation of the community. I , therefore, see no- reason to- deviate from this procedure. It is my request that all violations be considered on a fair and impartial basis and acted on as the Ordinance directs." Mr. Lee Brawner of the Texas State Library called Mayor Somers to inform him that the Federal Funds which had been frozen had been cleared and the Friendswood Library project can proceed. Mayor Somers and Mr. Brawner have a meeting scheduled. in Friendswood on Monday, November 25, at 2:00 P.M. to discuss the project. -2- Mrs. Harold C. Smith, owner of the Texaco Service Station located on Highway 518 and Shadowbend, has sent a written complaint concerning damage made by a Barton's Disposal Service truck driver. Mrs. Smith complained that Mr. Barton stated he did not feel his company should be held responsible for this damage and had refused to reimburse them for the repair to the building, therefore, she felt this should be brought to the attention of the City Council . A letter to Barton's Disposal Service from Mayor Somers concerning this complaint and others was read by Mayor Pro-tem Ed Stuart for Council 's approval . Council decided it would be better to hold off on any corres- pondence to Mr. Barton and to ask him to meet with them at the next workshop meeting to discuss complaints received by the City. PETITIONS AND COMMISSIONS Chief of Police Wright recommended that Joe Kallus be retained on a full- time basis to replace Glen Harkleroad as a member of the Police Department. Motion was made by Councilman Mager, seconded by Councilman Hamil , to approve the recommendation. Motion was carried unanimously. �!`� — l� *** Mr. Charles Mills of Community Public Service was sworn in by Mayor Pro-tem Ed Stuart as the last member of the Electrical Board as required by the City's Electrical Ordinance. UNFINISHED BUSINESS Harry Granberry, Fiscal Agent, read a resolution calling a Bond Election for November 23, 1968, for issuance of $65,000 in waterworks system revenue bonds and $635,000 sanitary sewer system revenue bonds. Motion to approve the resolution was made by Councilman Woods, seconded by Councilman Hamil . Before the vote was taken, Councilman Prude said he would like to make the following statement for the record: "Before we vote I would like to offer for the record my specific objection to the format in which the bond issue is being presented for public consideration. I don't believe it is proper to present to the people in this town a proposal of this magnitude on only a dual proposition. I believe it is more or less subtle coercion on our part to attach these long- range needs to problems which we have now. And I feel that the community has the intelligence to evaluate these problems with a proper approach on our part and each individual project according to its needs priority. I think and- I believe and I feel that the bond issue should be divided into a minimum of I four propositions and I ask the Council to give this thorough consideration." -3- At this point, Councilman Mager asked the question of Mr. Granberry, "Is your fee included in the amount of the Bond Issue?" Discussion which followed disclosed that a proposal had been presented by the Fiscal Agent, but this had never been formally accepted by the Council . It was stated by Mr. Granberry that the fee for handling such a bond issue would entail all expenses incurred by him for carrying on the election (with the exception of payment for the services of election judge and clerks, which the law forbids him from paying) , issuing the bonds, and, if necessary, buying the bonds back in, these expenses to be deducted from the total amount of the bond issue. No formal action resulted from this discussion. The motion carried by a majority with Councilman Woods, Councilman Hamil , and Councilman Mager voting for, and Councilman Prude voting against. STANDING COMMITTEES AND DEPARTMENTAL: Health and Safety A discussion was initiated with regard to acquisition Councilman Stuart of land for city parks and recreation areas, but the question was deferred until a later date. Streets Councilman Hamil announced that he would like to Councilman Hamil publicly thank, on behalf of the Council , the residents of Whitehall and Kings Park for their cooperation in the clean-up of those areas . Brigadoon and Mary Ann Streets have been completed and accepted by the City. A question arose regarding a standard procedure for acceptance of contracted jobs at time of completion. It was decided to set this up on the agenda for the next workshop. Utilities Items in the budget which are ready to begin work on Councilman Woods include 3" water line from Edgewood to Heritage on the north side of FM 518, and Imperial Estates 6" and 3" water main and one fire hydrant. Decision was made to request that Layne-Texas attend the workshop on November 25, with regard to getting Water Well #2 in servicable condition. ORDINANCES: Third and Final Reading.- Ordinance No. 115 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701-D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF FRIENDSWOOD, AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR THE VIOLATION OF THIS ORDINANCE. -4- Upon discovery that some of the street names were wrong, the Ordinance f was tabled until corrections are made. 1 i` Third and Final Reading - Ordinance No. 116 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UPON THE PROVISIONS OF ARTICLE 6701-D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF FRIENDSWOOD, AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR THE VIOLATION OF THIS ORDINANCE. Motion was made by Councilman Woods to approve Ordinance No. 116 as read, seconded by Councilman Mager, and carried by unanimous vote. Second Reading - Ordinance No. 117 AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, DECLARING THAT GALVESTON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 21 HAS BEEN COMPLETELY ANNEXED; PROVIDING THAT THE CITY SHALL BE LIABLE FOR ALL DEBTS AND OBLIGA- TIONS OF THE DISTRICT AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT. Motion was made by Councilman Woods to approve Ordinance No. 117 as read, ' seconded by Councilman Hamil , and carried by unanimous vote. Third and Final Reading - Ordinance No. 113-A1 I AN ORDINANCE AMENDING ORDINANCE NO. 113 DECLARING THE CITY OF FRIENDSWOOD TO BE A BIRD SANCTUARY AND MAKING UNLAWFUL THE ACTS OF TRAPPING, HUNTING, SHOOTING OR ATTEMPTING TO SHOOT OR MOLEST IN ANY MANNER ANY BIRD OR WILD FOWL; MAKING UNLAWFUL ROBBING OF BIRD NESTS OR WILD FOWL NESTS; PROVIDING A PENALTY. Motion was made by Councilman Prude and seconded by Councilman Mager the Ordinance' No. 113-Al be approved as read. The motion carried unanimously. RESOLUTIONS Mr. Rex Clawson, who appeared before the Council at its October 21 meeting, to question the legality of Ordinance No. 79, was sent the following letter by Mayor Somers on November 1 , 1968: "At the regular City Council meeting of October 21st, a hearing was initiated in regards to the City of Friendswood's Ordinance No. 79, regarding high weeds on the plot of land allegedly owned by you. At this hearing questions were raised by you as to the legality of the Ordinance, and as a result of these questions, the hearing was tabled until we could consult with our attorney. We have Consulted with our attorney, and we have the opinion that our Ordinance is in order as it now stands. We therefore, want to advise you that we will have a continuance T� -5- of this hearing at the regular City Council meeting of November 4, 1968. You are welcome to appear before the Council if you so desire." Mr. Clawson did appear before the Council to give reason why he felt the Ordinance No. 79 should not apply to property owned by him within the city limits of the City of Friendswood. After lengthy, discussion, Council - man Woods made a motion that the following resolution be adopted : "Whereas a condition of grass and weeds exceeding the height of nine "inches exists on the property of Mr. Rex Clawson, located at the intersection of FM 528 and Sunset Drive, and whereas due notice has been issued and hearing held on this date, be it resolved by the City, Council of Friendswood, Texas, that the condition on this property constitutes a public nuisance and the City Secretary is directed to issue a copy of this resolution to the owner,, allowing ten`.days notice, after which let citation issue for appearance in Corporation Court." The motion, was seconded by Councilman Hamil , and the resolution was adopted by unanimous vote. SPECIAL COMMITTEES: , After discussion, it was agreed by the Council that it would be in order to use school boys on week-ends for cleaning up trash, cutting weeds, etc. , j and hiring additional adult help for operating mowing machines for cleaning ditches and right-of-ways; that the Mayor was fully authorized to hire such people, or to give permission to department heads to hire according to the department's immediate needs. Mr. Tom Grace, member of the Planning Commission, presented to Council for their approval a contract between Clovis Heimsath, -Architect, and the City, for architectural planning. Move to approve the contract was made by Councilman Woods, seconded by Councilman Hamil , and was carried unanimously. A communication was read from Dr. Louis S. Riley, Chairman of the County-Wide Environmental Health Study Committee. The Council agreed that support should be given to the activities of this committee. NEW BUSINESS: Chief Wright reported. that on November 11 -15, as a part of the North American Judge's Association meeting in Houston, a seminar devoted to traffic court would be held November 12, with a registration fee of $25.00. It was requested that the Council authorize attendance of either the Judge or the Court Clerk at the seminar. -6- Councilman Mager made a motion that the Council approve such attendance. The motion was seconded by Councilman Woods, and the motion was carried unanimously. � � A motion was made by Councilman Hamil that the backhoe box blade, belonging to Ken Toom, which has been in use by the City for the past two years, be purchased for $70.00, a price set by bids for like equipment received from Alvin Implement and Alvin Equipment. The motion was seconded by Councilman Woods, and was approved by unanimous vote. --�� A resolution was presented by Councilman Woods stating that inasmuch as closed filling stations represent a hazard to the community and are apt to detract from the appearance of the city, and since a number of stations have changed hands or been demolished or rebuilt recently, that, until further notice, no permits be issued for filling stations. Such permit requests would be referred to the City Council , and would be denied until a need clearly exists. Copies of the resolution would be transmitted to the Planning Commission and all concerned City Employees, and would be posted in the City Hall . After discussion, motion was made by Councilman Woods to table the resolution — for two weeks. Motion was seconded by Councilman Hamil , and carried by unanimous vote. WARRANTS: Motion to approve Warrants No. 2500- 2519 and Warrants No. 3977-3990 was made by Councilman Hamil , seconded by' Councilman Woods, and carried unanimously. ADJOURNMENT: Meeting adjourned. Respectfully submitted, Bobbie C. Henry !' Assistant City Secretary APPROVED: ve Ralph W Somers, Mayor