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HomeMy WebLinkAboutCC Minutes 1987-01-05 Regular /,. ; i' 191 REGULAR t9EETTNG FRIENDSWOOD CITY COUNCIL JANUARY 5 , 1987 MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CTTY COONCIL THAT WAS HELD ON JANUARY 5 , 1987 AT CITY HALL AT 7 :00 PM WITH THE' �b FOLLOWING PRESENT CONSTITUTTNG A QUORUM : MAYOR , RALPH L . L041E NIAYOR PRO—TET�1 JAN JORDAN COUNCILMAN JIM HARRELL COUNCILMAN PHYLLIS LEE COUNCILt�IAN EVELYN NEW49AI1 COUNCILMAN JOE PRIHODA COUNCILr1�N BOB WICItLANDER CITY ATTORNEY JOHN OLSOIJ ACTING CITY P�JANAGER rt�z�vlra 1-4FTDiFCKE T,,,+ CITY SECRETARY DELORIS MCKENZI E � INVOCATION WAS GIVEN BY L . B. CLINE , FRIENDSWOOD FRI�P�DS CHURCH , � („� MAYOR LOWE RECOGNIZED MR . CLINE AS AN OUTSTANDING �MPLOYEE OF (�] TfiIS CT.TY FR�M TEiE TI�9L IiE ti+IAS 60 YEARS QLD TO '1'HE TIME HE WAS 72 Q YEARS OLD AND IS NOt� 83 Y�ARS OLD ! tiAYOR LOWE ANNOUNCED THIS COUNCIL APPROVED AT THE LAST COUNC _IL M�ETING LAST YEAR THE PROGRAt�f TO GO FORWARD iIITH THE SURFACF WATER PROJECT WZTH THE CT_TY OF HOUSTON. MAYOR L06+1E , COUNC7LI�9�1N JORDAN AIJD COUNCILMAN k1ICKLANDER MET LAST 4JEEK HIITH HOUSTON LAST WEEK TO jaORK OUT AN AGREEMENT AND THE COPdTRACT IS EiEING DRAWN UP AT THIS TIME BY THE ATTORNEYS . MAYOR LOWE 41ELCOt�1ED BROCE GOLDEN , BOARD OF DIRECTORS WITH MUD 55 �rJHO WILL JOIN A COOPERATIVE EFFORT 4�IITH THE CITY �F FRiENDSt�00D T� BRT_NG SURFACE 61ATER FROP9 THF BAYBROOK M�LL AREA TO OUR RESPECTIVE AREAS AT A PRIC.E BENEFICIAL TO ALL OF US. P4AYOR LOWE ANNOUNCED THERE WILL BE A t�IEETIIVG TOI�IORROt•! AT CITY HALL AT 3 : 00 TO DISCUSS WHERE THIS 4JATER WTLL COME INTO I'RIENDSWOOD . THE ENGINEERS HAV� SUGGESTED A NElr1 SITE AIdD Tt� PURSUING THAT PARTICULAR SITE THE CITY HAS FOUND THERF ARF NFIr� OWNERS OF THE 321 ACRES ON FM 528 AI�1D THEY WILL BE ATTFNDING THIS 14EETING TO DISCUSS DONATION OF THIS PARTZCt1LAR SITE . MAYOR LOWE THANKED EVERYONE THAT CONTRTBUTED SO I��IUCH TO A GR�AT CHRISTMAS IN FRIENDSWOOD AND THANKED EVERYON� ON BEIiALF OF TEiOSF THAT BENEFITED FROM THE EFFORT OF THE POLICE DEPARTMENT COt4T9ITTEE AND THE VARZQUS VOLUNTEER COP�IMITTEE ' S . P9AYOR LOWE STATED THAT ONE OF THE NtOST INNOVATIVE IDEAS DURTNG THF SESQUICENTENNIAL YEAR If3 THE STATE OF 'rEXAS IS THE ADOPTION PROGRAI�1 THAT HAS BEEN SMPL�t�1ENTED BY FRtBNDSt100D ' S SESQUICENTENNIAL COORDINATOR , EVELYN N�WMAN ANA HER COt�IMITTEE . , COUNCILMAN NEWMAN REPORTED THAT 1986 WAS THE 150TH BIRTHI�AY OF TEXAS AND THIS SESQUICENTENNIAL COMHIITTEE ADOPTED THOSE PERSONS THAT WERE NOT BORN IN THE STATE OF TEXAS AS TEXANS BASED UPON MANY REQUESTS TO DO SO THRU OUT THIS YEAR . THIS WAS A FORMALITY IN ORDER THAT THOSE PERSONS WOULD FEEL THAT TEXAS WAS OPEN TO THEM AND WANTED THOSE PERSONS TO BE PART QF OUR SESQUICENTENNIAL EUENTS THRU OUT TIiE YEAR . THIS CONIMITTEE HAD SOMF WONDERFUL EXPERIF,NCES DURING THE YEAR , BEGINNING WITH STATEHOaD DAY A YEAR AGO AND JUST CONTINUED THRU THE YEAR- HAVING WOPdDERFUL FVTNTS WHICH WERE A LOT OF FUN AND A LOT OF WORK . COUAICILMAN NEWMAN STATED SHE W�ULD LIICE TO RECOGNIZ� THE SESQUICENTENNIAL COMMITTEE THAT WORKED WITH HER THIS YEAR . THOSE SERVING ON THE COMMITTEE WERE, STAFF MEMBER DONNA CASHION WHO DID AA1 OUTSTANDING J0�3 , LA[JR7:F WHITEHEAD , MARY PRIHODA , PAUL TOMPKINS , JIM WOLTZ , KITTE N HAJACET�, PEGGY LATHLEAN AND PAUL FRONCZEK , .,�� 1 �...� _...._. .� ~�, .�. . _...._ —.._ 192 JANIS LOWE, CHAMBER OF COMMERCE EXECUTIVE VICE PRESIDENT, ON BEHALF OF THE QUAKER TOWN CRAFTERS, PRESENTED A SESQUICENTENNIAL QUILT TO THE SESQUICENTENNIAL COMMITTEE IN COMMEMORATION OF TEXAS'S 150TH BIRTHDAY, TO BE HUNG IN THE NEW CITY HALL. MAYOR LOWE ADVISED THE CLEAR CREEK PROJECT HAD HIT A SNAG AND REPORTED HE HAD SENT A LETTER TO TIiE CORPS OF ENGINEERS REQUESTING A MEETING BE SET UP IN ORDER TO TRY TO RESOLVE THE PROBLEM. COUNCILMAN WICKLANDER REPORTED THE DONATION OF THE 40 ACRE TRACT OF LAND $ELONGING TO THE LETZERICH FAMILY WAS ACCEPTED BY H. K . AND ESTHER SPECK FOUNDATION AND THAT THE GALVESTON COUNTY PARKS BOARD IS LO�KING AT THE POSSIBILITIES OF DEVELOPMENT OF THIS PROPERTY AS A COUNTY PARK . MICKEY LANTZ WITH THE COMMUNITY CHORUS APPEARED BEFORE COUNCIL TO CHALLENGE COUNCIL MEMBERS TO HELP INCREASE MFMBERSHIP IN THE COMMUNITY CHORUS. NAT VAUGHN INTRODUCED THE BOARD MEMBEAS OF THE COMMUNITY CHORUS AND ANNOUNCED THAT THEY MET FOR REHEARSAL F�IERY MONDAY NIGHT AT 7 : 30 PM AT UNITED METHODIST CHURCH IN FRTENDSWOQD AND INVITED EVERYONE TO JOIN. MAYOR LOWE APPOINTED COUNCILMAN HARRELL AS COUNCIL LIAISON TO THE FRIENDSWOOD PUBLIC LIBRARY BOARD. **MOTION WAS MADE BY COUNCILMAN LEE TO CONCUR WITH THE MAYOR' S APPOINTMENT OF COUNCILMAN HARRELL AS COUNCIL LIAISON TO AT THE ' '' FRIENDSWOOD PUBLIC LIBRARY BOARD . SECONDED BY COUNCILMAN NEWMAN. MOTION APFROVED UNANIMOUSLY. MAYOR LOWE APPOINTED PAUL MAAZ AND COUNCILMAN JORDAN AS REPRESENTATIVES TO GALVESTON COUNTY INDUSTRIAL COMMISSION . **MOTION WAS MADE BY COUNCILMAN WICKLANDER CONCUR WITH THE MAYOR 'S APPOINTMENT OF PAUL MAAZ AND COUNCILMAN JORDAN AS � REPRESENTATIVES TO GALVESTON COUNTY INDUSTRIAL COMMISSION. SECONDED BY COUNCILMAN NEWMAN. MOTION APPROVED UNANIMOUSLY. DISCUSSION WAS HELD REGARDING STATUS OF ELEVATED WATER STORAGE TANK TO BE ERECTED BY SERVICE ENTERPRISE CORPORATION WITH HERMAN JOHNSON AND HIS ATTORNEY DWIGHT DONALDSON REPRESENTING SERVICE ENTERPRISES. MR. DONALDSON REQUESTED A LETTER FROM THE CITY ENGINEER STATING HOW THE PRICING OF CONCRETE WAS ARRIVED AT TO ASSIST SERVICE ENTERPRISES IN THE SUIT AGAINST ETHERIDGE ERECTIONS C0. AND FIDELITY DEPOSIT OF MARYLAND INSURANCE COMPANY FOR THE ELEVATED STQRAGE TANK #1 IN FRIENDSWOOD. **MOTION WAS MADE BY COUNCILMAN LEE TO AUTHORIZE THE CITY ENGINEER TO PREPARE THIS LETTER STATING HOW THE CALCULATION OF THE PRICING OF THE CONCRETE WAS PREPARED WITH THE LETTER SUBJECT TO REVIEW BY ACTING CITY MANAGER AND THE CITY ATTORNEY. SECONDED BY COUNCILMAN FARRELL. MOTION APPROVED UNANIMOUSLY. DISCUSSION WAS HELD REGARDING PAYMENT FOR ELEVATED WATER STORAGE TANK #2 WITH HERMAN JOHNSTON STATING THE TOTAL BILL WAS $405,000 WITH ONE PAYMENT BEING MADE OF $89,100 LEAVING A BALANCE OF $113,400 DUE ON TANK FOR DELIVERY. COUNCIL STATED AT THIS TIME IT IS UNKNOWN WHERE THIS TANK WILL BE LOCATED THEREFORE THIS CONTRACT WITH SERVICE ENTERPRISES CAN NOT BE COMPLETED AND PAID. MAYOR LOWE STATED THAT POSSIBLY THIS TANK WAS NOT THE BEST WAY TO GO AT THIS TIME AND THAT THE CITY SHOULD LOOK AT ALL THE ALTERNATIVES AVAILABLE AT THI:?. TIME. A LENGTHY DISCUSSION FOLLOWED REGARDING KEEPING THTS PRF-OWNED WATER TANK VERSUS PURCHASE OF A NEW MILLION GALLON GROUND TANK 74' IN DIAMETER X 34' HIGH AT A COST OF $130,000 WHICH DOES NOT INCLUDE FOUNDATION NOR PAINT3NG , OR A PAE-dWNED 1 . 5 MILLION GALLOI3 GROUNI� STORAGE TANK 80' IN DIAMETER X 40" HIGH AT A COST OF $127,500 (NEW WOULD BE APPROXIMATELY $200 TO $220 MILLION DOLLARS) OR A 2 MILLION GALLON PRE-OWNED 80 ' DIAMETER X 56 ' HIGH AT A COST OF $150, 000 ( NEW WOULD BE APPROXIMATELY $300, 000) 2 193 DISCUSSION CONTINUED REGARDING MAKING A PARTIAL PAYMGNT ON TF1IS CONTRACT WITH COUNCIL REQUESTING THE CITY ATTORNEY TO REVIEW THE CQNTRACT DOCUMENTS AND DISCUSSION WILL CONTINUE LATER ON IN THE MEETING. COUNCILMAN NEWMAN ASKED IF THERE WOULA BE ANY OBJECTIONS TO AUTHORIZING THE MAYOR TO SEND A LETTER TO THE STATE HIGHWAY DEPARTMENT REQUESTING A TEMPORARY PASSING LANE ON FM 528 AT THE SAFEWAY CENTER DUE THE NUMBER OF TRAFFIC ACCIDENTS THAT OCCUR� ,, THERE. MAYOR LOWE QUESTIONED IF THE CITY SHOULD TAKE THIS ACTION IF THE CITY WAS CONSIDERING DE-ANNEXING THAT ROAD WAY DUE TO RIGHT-OF-WAX COST' S IN THE WIDENING PROJECT THAT IS PROPOSED FOR THIS ROADWAY. IT WAS DECIDED FOR COUNCILMAN NEW1�iAN TO DISCUSS THIS PROPOSAL AT THE MEETING WITH THE STATE HIGHWAY DEPARTMENT THAT IS BEING SET UP AT THIS TIME TO DISCUSS THE RIGHT-OF-WAY ON FM2351 AND FM528. COUNCILMAN JORDAN LEFT THE COUNCIL CHAMBERS AT THIS TIME. +� #MOTI�N WAS MADS BY COUNCILMAN NEWMAN TO RATIFY AND CONFIRM ACCEPTANCE OF DONATION OF CHESTER DRIVE �. PR4PERTIES BY CANE � CORPORATION. � r� � SECONDED BY COUNCILMAN PRIHODA. MOTION APPROVED UNANIMOUSLY . � COUNCILMAN JORDAN RETURNED TO THE COUNCIL CHAMBERS, � m *�`MOTION WAS MADE BY COUNCILMAN WICKLANDER TO APPROVE AND Q AUTHORIZE THE MAYOR TO EXECUTE GONTRACT WITH MUD 55 FOR WATER�„� CONNECTIONS. � SECONDED BY COUNCILMAN JORDAN. MOTION APPROVED UNANIMOUSLY . � �MOTION WAS MADE BY COUNCILMAN NEWMAN TO RATIFY AND CONFTAhi DONATION OF ADDITIONAL 18 X 311 .50 ON MAGNOLIA STREET PROPERTY. ! � SECONDED BY COUNCILMAN JORDAN. MOTION APPROVED UNANIMOUSLY. �P # *MOTION WAS MADE BY COUNCILMAN JORDAN TO AUTHORIZE THE CITY ATTORNEY TO PREPARE A NO SMOKING ORDINANCE FOR COUNCTL REVIEW FOR ALL CITY ADMINISTRATION BUILDINGS EXCEPT FOR DESIGNATED SMOKTNG� � AREAS. SECONDED BY COUNCILMAN LEE. MOTION APPROVED UNANIMOUSLY . �' �MOTION WAS MADE BY COUNCILMAN LEE TO APPRpVE RESOLUTION N0. R87- 1 , CONFIRMING APPOINTMENT OF BRENT MASEL, M. D. , TO THE GALVESTON COONTY UNITED BOARD OF HEALTH. Q '� SECONDED BY COUNCILMAN HARRELL. MOTION APPROVED UNANIMOUSLY. �J COUNCILMI�N WICKLANDER LEFT THE COUNCIL CHAMBERS AT THIS TIME. * *MOTION WAS MADE BY COUNCILMAN PRIHODA TO APPROVE THE THIRD AND FINAL READING OF ORDINANCE T86-25 , DIVIDING THE TERRITORY ANNEXED TO THE CITY OF FRIENDSWOOD BY ORDINANCE N0. 8 �1-21 INTO ZONIAIG DISTRICTS AND USE AREAS ; DESCRIBING THE VARIOTJS DISTRICTS ; PROVIDING A SEVERABTLITY CLAUSE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT . ( FOREST BEND SUBDIVISION) SECONDED BY COUNCILMAN NEWMAN . MOTION APPROVED UNANIMOUSLY . COUNCILMAN WICKLANDER RETURNED TO THE COUNCIL CHAMBERS. , � �MOTION WAS MADE BY COUNCILMAN LEE TO APPROVE THIRD AND FINAL READING OF ORDINANCE T8b-26 , AMENDING THE FRIENDSWOOD CITY CQDE BY STRIKING THEREFR�M ALL OF SECTION 3- 36 OF ARTICLE II OF CHAPTER 3 AND SUBSTITUTING THEREFOR A NEW SECTION 3-36 ; PROVIDING FQR IMPOUNDMENT FEES FOR ANIMALS CAUGHT RUNNING AT LARGE IN THE AMOUNT OF $7 .50 PER DAY OR PART THEREOF PLUS $10 .00 FOR THE FIRST IMPOUNDMENT, $20. 00 FOR THE SECOND IMPOUNDMENT, AIJD $30. 00 FOR THE THIRD AND SUBSEQUENT IMPOUND�4ENTS; PROVIDING A PICK-UP CHARGE OF $26 . 00 FOR COLL�CTION OF ANIMALS RUNNING AT LARG� REQUIRED TO BE IR�IPOUNDED BFTWEEN THE HOURS OF 5 :00 P . M. AND 8 :00 A .M. MONDAYS THRU FRIDAYS AND ANY TIME ON SATURDAYS AND SUNDAY5 ; PROVIAING OTHER MATTERS RELATED TO THE SUBJECT; PROVIDING FOR SEVERABSLTTY ; PROVIDING A PENALTY QF AN AMOUNT NOT TO EXCEED $200. 00 FOR VIOLATION OF ANY PROVISION HEREOF. 3 194 SECONDED BY COUNCILMAN JORDAN . MOTION APPROVED UNANIMOUSLY. MAYOR PRO-TEM JORIIAN PRESIDED OVER THE MCETING AT THIS TIMC. � �MOTION WAS MADE -�BY COUNCILMAN LEE TO APPROVE SECOND READING OF ORDINANCE T86-27 , AMENDING ORDINANCE N0. 84- 15 PASSED AND APPROVED AS OF NOVEMBER 19 , 198�1, AI�D KNOWN AS THE ZONING ORDINANCE OF THE CITY , BY CHANGING THE ZONING OF CERTAIN PARCELS OF LAND LOCATED AT 807 CEDARWOOD , FRIENDSWOOD , TEXAS FROM OLD BUSINESS DISTRICT TO SINGLE FAMILY RESIDENCE . . SECONDED BY COUNC TLMAN HARRELL. MOTION APPROVED UNANIMOUSLY . � MAXOR LOW� PRESIDED OVER THE COUNCIL MEETING AT THIS TIME. � �MOTION WAS MADE BY COUNCILMAN JORDAN TO APPROVE SECOND READTNG OF ORDINANCF T86-28 , DETERMINING THAT PUBLIC CONVENIENCE AND NECESSITY NO LONGER REQUIRE THE CONTINUED EXISTENCE OF THAT CERTAIN PORTION OF CHESTER DRIVE , AS DEDICATED BY DEED RECORDED IN VOLUME 212, PAGE 24 & 25, OF THE DEED RECORDS OF GALVESTON CQUNTY, TEXAS; VACATING, ABANDONING, AND CLOSING SAID PORTION OF CHESTER DRIVE ; AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY SECRFTARY TO ATTEST QUITCLAIM DEEDS CONVEYING SAID ABANDONED ROADWAY EASEMENT TO ISRAEL GOMEZ AND WIFF , MARIA, AND GEORGE WELCH AND WIFE DARLA , THE ABUTTING PROPERTY OWNERS OF SAID ROAD4TAY EASEMENT, FOR GOOD AND VALUABLE CONSIDERATION; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJ�ECT. SECONDED BY COUNCILMAN PRIHODA . MOTION APPROVED UNANIMOUSLY . � �MOTION WAS MADE BY COUNCILMAN HARRELL TO APPftOVE THE CONSENT AGENDA TO PAY THE CAPITAL PROJECTS AS PRESENTED. SECONDED BY COUNCILMAN JORDAfV . MOTION APPROVED UNANIMOUSLY . ACTING CITY MANAGER REPORTED THE SWIMMING POOL FINAL INSPECTION BY THE ARCHITECT FIRM IS SCHEDULED FOR WEDNESDAY JANUARY 7 , 1987 AT 11 :00 A .M. WITH COUNCIL INSPECTION SCHEDULED FOR 1 : 00 P .M. , THE LIGHT POLES HAVE BEEN REMOVED AT LEAVESLEY PARK TO MAKE WAY FaR THE PAVI[JG OF THE PARKING LOT, THE RENOVATION OF THE UPSTAIRS OF PUBLIC WORKS AS OFFICE SPACE FOR ENGINEERING IS ALMOST COMPLETE AND INVITED COUNC IL TO COME BY � AND TAKE A LOOK AND FIELD WORK HAS BEEN COMPLETED ON THREE STRFFTS IN THE 1987 STR�ET PROGRAM, DESIGN AS BEEN COMPLETED ON IP�PERIAL FSTATES, FALLYNG LEAF AND MISTY LANE. A MEETING WITH THE RESIDENTS WILL B� SET UP TQ SHOW THEM THE PROPQSED WORK QN THES� STREETS AND THEN WILL GQ OUT FOR BIDS ON THESE PROJECTS. - DISCUSSION WAS HELD REGARDTNG IMPROUEMENT AND PARKING FOR SHADWELL STREET WITH COUNCTL REQUESTING THE ACTING CITY MANAGER TO LOOK AT MOVING THE ROADWAY INTO THE PARK AREA IF NECESSARY FOR REALIGNME�IT AND THE NUMBER OF TREES THAT WOULD HAVE TO BE REMOVED TO DQ THIS PROJECT. FIRE CHIEF KEN BEECH REMINDED EVERYONE THE FIRE DEPARTMENT NEEDED A MINIMUM OF 8 FEET OF ROADWAY TO ACCOMMODATE FIRE EQUIPMEIJT IF NEEDED DURING THIS CONSTRUCTION. . COUPdCILMAN PRIHODA ASKED IF A RESPONSE HAD BEEf� SENT IN REGARDS TO THE CORRESPONDENCE RECEIVED FROM THE TEXAS WATER COMMISSION REGARDING THE TOWER ESTATES SEWER PLANT. THE ACTING CITY MANAGER STATED THE RESPONSE HAS BEEN DRAFTED AND WILL BE TYPED AND SENT BEFORE THE JANUARY 12, 1987 DEADLINE. COUNCILMAN NEWMAN ASKED IF THE CITY IS PREPARED FOR THE STATE BOARD OF INSURANCE INSPECTION THAT IS SCHEDULED DURING THE MONTH OF JANUARY . ACTING CITY MANAGER ADVISED THE FIRE MARSHAL HAS BEEN WORKIIJG ON THTS PROJECT AND IS PREPAREA FOR THIS INSPECTION . DISCUSSION CONTINUED REGARDING PAYMENT TO SERVICE ENTERPRISE WITH THE CITX ATTORNEY ADVISINC� AFT�R R�VIEW OF .THE CONTRA�T THE CITY SHOULD MAKE AN EFFORT TO PAY THIS INVOICE DUE TO THE LIQUIDATED DAMAGE CLAUSE IN THE CONTRACT. HERI�AN JOHNSTON STATED IT HAD BECOME NECESSARY FOR SERVICE ENTERPRISES TO OBTAIN A BANK LdAN DUE TO THIS OUTSTANDING INVOICE AND REQUESTED THE COUNC IL CONSIDER PAYING THE INTEAEST ON THTS 4 195 LOAN IF THE BALANCE OF THE INVOICE CAN NOT BE PAID . * *MOTION WAS MADE IIY COUNCILMAN WICKLANDER T� APPROV� PAYMENT Or �35, 000 ON EXISTING CONTRACT WITH SERVICE ENTERPRISES AND TO ASSUME INTEREST PAYMENT� S BASED ON PRIME + 2 ON SERVICE ENTERPRISES $79 , 000 BAHK LOAN BALANCE WHICH WILL BE INVOIC � MONTHLY BY SERVICE ENTERPRISES . � �� SECONDED BY COUNCILMAN LEE . M�TION APPROVED UNANIMOUSLY. COUNCIL CONVENED IN EXECUTIVE SESSION ACCORDING TO TEXAS OPEN. ,, P9EETINGS LAW ARTICLE 6252-17 , TEXAS VERNONS CIVIL STATUTES ( g) PERSONNEL. COUNCIL RE-CONVENED IN OPEN' SESSION WITH NO ACTION BEING TAKEN. MOTION WAS MADE AND APPROVED TO ADJOURN AT 11 : 38 PM. G'�� M YOR RALP L. LOWE � � T", . (� DELORIS MCKEN I,E � CITY SECRETAR � m Q