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HomeMy WebLinkAboutCC Minutes 1992-09-14 Regular ll3 REGULAR MEETING FRIENDSWOOD CITY COUNCIL SEPTEMBER 14 , 1992 Y MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON SEPTEMBER 14 , 1992 AT 7 � 00 PM AT FRIENDSWOOD CITY HALL , COUNCIL CHAMBERS , 1 �9 WILLOWICK , FRIENDSWOOD , TEXAS , WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR EVELXN B . NEWMAN MAYOR PRO-TEM MEL MEASELES COUNCILMEMBER KITTEN HAJECATE COUNCILMEMBER ED STUART COUNCILMEMBER HAROLD RALEY COUNCILMEMBER FRANK FRANKOVICH CITY ATTORNEY JOHN OLSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE ABSENT FROM THE MEETING WAS COUNCILMEMBER TOM MANISON . INVOCATION WAS GIVEN BY CITY MANAGER RON COX . MAYOR NEWMAN LED THE PLEDGE OF ALLEGTANCE . MAYOR NEWMAN CALLED THE MEETING TO ORDER . MAYOR NEWMAN CALLED A DOCKETED PUBLIC �EARING TO ORDER TO RECEIVE PUBLIC COMMENT , EITHER ORAL OR WRITTEN , REGARDING CITY OF FRIENDSWOOD ' S 1992-1993 OPERATING BUDGET. MR . LEE GRIFFITH APPEARED BEFORE COUNCIL TO REQUEST FUNDS FOR YOU ATHLETIC FACILITIES . HEARING NO FURTHER INPUT, MAYOR NEWMAN CLOSED THE PUBLIC HEARING . MAYOR NEWMAN PROCLAIMED SEPTEMBER , 1992 AS "NATIONAL LITERACY MONTH" AND PRESENTED THE PROCLAMATION TO BOB GEORGE ON BEHALF OF THE ADULT READING CENTER , PROCLAIMED TUESDAY , SEPTEMBER 22 , 1992 , AS "AMERICAN BUSINESS WOMENS ASSOCIATION DAY" AND PRESENTED THE PROCLAMATION TO MARY EDSON FOR ALVIN/FRIENDSWOOD AREA ACHIEVERS . MAYOR NEWMAN ANNOUNCED WEDNESDAY SEPTEMBER 16 AT 7 : 30 A . M . , F . I . S . D . JUNIOR AND HIGH SCHOOL STUDENTS WILL HOLD A "SEE YOU AT THE POLE" PRAYER FOR CITY STATE AND NATION , THERF WILL BE AN ADULT PRAYER HELD AT STEVENSON PARK AT 8 : 30 A . M . , REPORTED ON MEETING WITH AREA YOUTHS FROM F . I . S . D . AND CLEAR BROOK HIGH 1 174 SCHOOLS AND AT RISK COUNSELORS TO BRING THE TWO SCHOOLS TOGETHER AND REPORTED THE NEXT MEETING IS SUNDAY AT 3 : 00 PM AT FOREST BEND CIVIC CENTER AND ALL TEENAGERS ARE WELCOME , REPORTED OVER 80 VOLUNTEERS FROM FRIENDSWOOD HELPED HURRICANE VICTIMS IN FRANKLIN , BALDWIN AND FOUR CORNERS � LOUISIANA AND THANKED THE CITIZENS AND CITY STAFF FOR THEIR DONATIONS AND FOR PARTICIPATION . COUNCILMEMBER HAJECATE REPORTED OVER 300 VOLUNTEERS HELPED WITH THE M . D . A . LABOR DAY TELETHON AND THAT FRIENDSWOOD RAISED OVER $20 , 000 . CONCILMEMBER MEASELES EXPRESSED APPRECIATION TO ALL VOLUNTEERS FOR THE MANY COUNTLESS HOURS THAT ARE VOLUNTEERED HERE IN FRIENDSWOOD . COUNCILMEMBER STUART REPORTED ON THE C . C . W . S . COMMITTEE MEETING HELD ON AUGUST 19 , REPORTED THE CLEAR CREEK PROJECT IS IN TROUBLE AND URGED EVERYONE TO CONTACT JACK BROOKS FOR THE PROGRAM TO MOVED FORWARD , REPORTED ON MEETING REGARDING CLOVERFIELD AIRPORT AND REPORTED FUNDING HAS BEEN RECEIVED FOR THE MASTER PLAN , REPORTED ON ATTENDING THE G . C . A . D . MEETING ON SEPTEMBER 1 REGARDING STATE REPRESENTATIVE MIKE MARTIN � S INVESTIGATION AND REMINDED EVERYONE LEAVES ARE FALLING , TIME TO START BACK YARD COMPOSTI�G . COUNCILMEMBER RALEY STATED HE IS GLAD STATE REPRESENTATIVE MARTIN IS INVESTIGATING G . C . A .D . AND STATED IT APPEARS THE C . A . D . BOARD , HAS LOST SIGHT OF SERVING THE PUBLIC . COUNCILMEMBER FRANKOVICH REPORTED ON ATTENDING THE C . L . A . E . D . F . MEETZNG AND REPORTED THEY ARE MAKING EFFORTS FOR FUNDING SPACE STATZON HOUSTON , REVIEWED THE OPEN DITCHES/CLOSED DITCHES POLICX AND REPORTED IT APPEARS THAT APPROXIMATELY 60 PERCENT OF THE DITCHES IN FRIENDSWOOD ARE OPEN DITCHES , REPOATING FUNDING FOR DRAINAGE PROJECTS AT FEDERAL AND LOCAL LEVEL ARE REACHING THE PLANNING STAGES AND RECOMMENDED THE CITY INITIATE MEETINGS TO DISCOSS THESE PROJECTS AND REPORTED THE G . C . M. & C . ASSOCIATION WITH GALVESTON COUNTY IS LOOKING INTO A COUNTY WIDE DRAINAGE FEE . MAYOR NEWMAN REPOATED THE STREET LIGHTS FOR WEDGEWOOD VILLAGE ARE BUDGETED AND WILL BE WORKED ON SHORTLY AFTER OCTOBER 1 , REPORTED ON STATUS OF RIGHTS OF WAY ACQUISITION FOR FM 528 PROJECT AND REPORTED THE CHAMBER TRADE SHOW WAS VERY SUCCESSFUL AND EXPRESSED APPRECIATION FOR EVERYONE THAT SUPPORTED THIS EVENT . MR . DAN ILLERICH , REPRESENTATIVE FOR CLOVER FIELD AIRPORT REPORTED THE RECENT AIRPORT MEETING WAS AN ORGANIZATION MEETING . MR . BILL JOBE APPEARED BEFORE COUNCIL TO ANNOUNCE HE I5 A CANDIDATE FOR CONSTABLE PRECINCT 8 . MR . CHUCK TALBOT APPEARED BEFORE COUNCIL IN OPPOSITION TO ORDINANCE T92-11 , POOPER SCOOPER ORDINANCE . MR . PAT ST . CRICQ APPEARED BEFORE COUNCIL TO EXPRESS HIS CONCERN 2 175 FOR CONTINUITY BEING APPLIED IN ALL DEVELOPMENT MATTERS AND REQUESTED PUBLIC DISCLOSURE ON OPERATING COST FOR LAKE FRIENDSWOOD AND FUNDS TO COMPLETE PARK . MAXOR NEWMAN REMINDED MR . ST. CRICQ THAT SINCE HE IS SERVING ON THE COMMITTEE TO WORK ON LAKE FRIENDSWOOD , HE WOULD HAVE THAT INFORMATION BEFORE COUNCIL WOULD . MR . EARL MOELLER APPEARED BEFORE COUNCIL REGARDING THE REZONING REQUEST FOR 1 � 10 W. WINDING WAY AND STATED HE IS THE OWNER OF THE PROPERTY AND THAT THIS REQUEST SHOULD BE APPROVED UNDER THE COMMERCIAL CLAUSE OF THE ZONING ORDINANCE . 'i MR . LOREN WOOD APPEAAED BEFORE COUNCIL AND EXPRESSED HIS CONCERN AND HIS OPPOSITION TO PROPOSED ORDINANCE T92-12 ALCOHOLIC BEVERAGE . MR . DAN MORGAN , REPRESENTING THE uTH OF JULY COMMITTEE, APPEARED BEFORE COUNCIL AND PRESENTED A REPORT ON THE 1993 FOURTH OF JULY ACTIVITIES AND STATED THE COMMITTEE WOULD LIKE TO REQUEST COUNCIL APPROVE TO SECURE CORPORATE SPONSORS FOR THE ACTIVITIES . MR . FRED KRCH APPEARED BEFORE COUNCIL TO PRESENT DOCUMENT ON DRAINAGE IN THE AREA OF WOODLAWN AND W . SHADOWBEND . CITY MANAGER REPORTED ON THE SECOND PHASE OF LIBRARY PLANNING PROCESS AND REPORTED ON THE STORER CABLE ACTIVITIES . COUNCILMEMBER FRANKOVICH EXPRESSED CONCERN WITH TRAFFIC FLOW ON FM 528 DUE TO THE CONSTRUCTION AND REQOESTED CITY MANAGER TALK TO ABRAMS CONSTRUCTION ABOUT THE TRAFFIC LIGHT TIMING . COU�NCILMEMBER FRANKOVICH SUGGESTED CITY MANAGER CONSIDER BRINGING IN A DESIGN CONSULTANT TO WORK WITH LEN RADOFF ON THE LIBRARY PLANNING . A LENGTF?Y DISCUSSION WAS HELD REGARDING SPONSORS FOR FOURTH OF JULY PROGRAMS . **COUNCILMEMBER RALEY MOVED TO TABLE ACTION ON SPONSOR5 FOR FOURTH OF JULY PROGRAM AND TO SET A WORKSHOP TO ADDRESS ALL AREAS OF THE FOURTH OF JULY CELEBRATIONS . SECONDED BY COUNCILMEMBER MEASELES . MOTION APPROVED UNANIMOUSLY . �*COUNCILMEMBER MEASELES MOVED TO APPROVE A PRELIMINARY AMOUNT NOT TO EXCEED $5 MILLION DOLLARS FOR FINANCING OF MUNICIPAL FACILITIES AND PUBLIC WORKS PROJECTS . SECONDED BY COUNCILMEMBER STUART . MOTION APPROVED 5- 1 . COUNCILMEMBER FRANKOVICH OPPOSED . **COUNCILMEMBER RALEY MOVED TO APPROVE SCHEDULE OF EVENTS FOR THE ISSUANCE OF CERTIFICATES OF OBLIGATION FQR FINANCING OF MUNICIPAL FACILITIES AND PUBLIC WORKS PROJECTS . SECONDED BY COUNCILMEMBER STUART . MOTION APPROVED UNANIMOUSLY . 3 176 �*COUNGILMEMBER STUART MOVED TO APPROVE AGREEMENT WITH RAUSCHER PIERCE REFSNES , INC . , TO ACT AS CITY ' S FINANCIAL ADVISOR FOR THE ISSUANCE OF CERTIFICATES OF OBLIGATION FOR FINANCING OF MUNICIPAL FACILITIES AND PUBLIC WORKS PROJECTS . SECONDED BY COUNCILMEMBER MEASELES . MOTION APPROVED UNANIMOUSLY . �*COUNCILMEMBER STUART MOVED TO APPROVE AGREEMENT WITH MCCALL , PARKHURST AND HORTON TO ACT AS BOND COUNSEL FOR THE ISSUANCE OF CERTIFICATES OF OBLIGATION FOR FINANCING OF MUNICIPAL FACILITIES AND PUBLIC WORKS PROJECTS . SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MEASELES MOVED TO APPROVE PLANNING AND ZONING COMMISSION RECOMMENDATION TO DENY A REQUEST TO REZONE 3 . 28 OF LAND OUT OF RESERVE A , FOREST CREEK SUBDIVISION , ALSO KNOWN AS FORESTWOOD , FROM SINGLE FANIILY RESIDENTIAL TO MULTI—FAMTLY RESIDENTIAL—LOW DENSITY . SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLX . **COUNCILMEMBER RALEY MOVED TO TAKE NO ACTION ON PLANNING AND ZONING COMMISSION CORRESPONDENCE REGARDING A REQUEST TO REZONE 1 . 04 ACRES OF LAND OUT OF THE J . R . WILLIAMS LEAGUE LOCATED AT 1 �l10 WINDING 47AY FROM COMMUNITY SHOPPING CENTER DISTRICT TO SPECIFIC USE—MINI GOLF AND MOVED TO SEND THIS ITEM BACK TO PLANNIHG AND ZONING COMMISSION FOR A RECOMMENDATION IDI ACCORDANCE WITH ZONING ORDINANCE 8�4- 15 . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . �*COUNCILMEMBER RALEY MOVED TO APPROVE RESOLUTION NO • $52—�3,, A RESOLUTJON OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD , TE%AS , AUTHORIZING APdD DIRECTING THE MAYOR AND THE CITY SECRETARY TO EXECUTE AND ATTEST , RESPECTIVELY , AN AGREEMENT BY AND BETWEEN SAID CITY AND HARRIS COUNTY , TEXAS , WHICH AGREEMENT PROVIDES FOR ACCESS TO THE COMPUTER SERVICES OF THE SOUTHEAST TEXAS CRIME INFORMATION CENTER . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MEASELES MOVED TO APPROVE ORjZ,JNANCE NO • �,2-11 , SECOND AND FINAL READING OF AN ORDINANCE AMENDING THE FRIENDSWOOD CITY CODE BY ADDING TO ARTICLE II OF CHAPTER 3 THEREOF A NEW SECTION 3—�42 . 5 ; PROVIDING IT UNLAWFUL FOR ANY PERSON TO FAIL TO PROMPTLY REMOVE AND DISPOSE OF , IN A SANITARY MANNER , FECES LEFT BY A DOG OR CAT BEING HANDLED BY SUCH PERSON ON PROPERTY OTHER THAN THE PREMISES OF THE aWNER OR HANDLER OF SUCH DOG OR CAT ; PROVIDING IT UNLAWFUL FOR ANY PERSON WALKING A DOG OR CAT TO BE WITH�UT A SUITABLE CONTAINER OR INSTRUMENT FOR THE REMOVAL AND DISPOSAL OF SUCH FECES ; PROVIDING OTHER MATTERS RELATING TO THE SUBJECT ; PROVIDING EXCEPTIONS ; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2 , 00� FOR VIOLATION OF ANY PROVISION HEREOF ; AND PROVIDING FOR SEVERABILITY . SECONDED BY COUNCILMEMBER STUART . MOTION APPROVED 5-1 . COUNCILMEMBER FRANKOVICH OPPOSED . **COUNCILMEMBER RALEY MOVED TO TABLE ORD��iANCE NO • Tq2_�, SECOND 4 177 AND FINAL READING OF AN ORDINANCE AMENDING CITY OF FRIENDSWOOD , TEXAS , ORDINANCE N0 . 91 -3 , PASSED AND APPROVED THE 4TH DAY OF FEBRUARY , 1991 , AS AMENDED BY ORDINAI3CE N0 . 91 -33 , PASSED AND APPROVED THE 2ND DAY OF DECEMBER , 1991 , WHICH ORDINANCE PROHIBITS THE SALE OF ANY ALCOHOLIC BEVERAGE FROM A PLACE OF BUSINESS WHICH IS LOCATED WITHIN 300 FEET OF A CHURCH , PUBLIC SCHOOL , PUBLIC HOSPITAL , OR RESIDENCE , BY STRIKING ALL OF SECTION 1 THEREOF AND SUBSTITUTING THEREFOR A NEW SECTION 1 ; PROVIDING IT SHALL BE UNLAWFUL TO SELL OR OFFER FOR SALE ANY ALCOHOLIC BEVERAGE FOR ON PREMISE CONSUMPTION EXCEPT WHEN SOLD WITH , AND INCIDENTAL T0 , THE SALE OF PREPARED FOODS IN DINING ESTABLISHMENTS , PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2 , 000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF ; AND PROVIDING FOR SEVERABILITY . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MEASELES MOVED TO APPROVE Qj�D11�I�I`1�,� �LQ,�. �Q2=1�, FIRST AND FINAL READING OF AN ORDINANCE APPROVING AND ADOPTING THE CITY OF FRIENDSWOOD , TEXAS , GENERAL BUDGET FOR THE FISCAL YEAR 1992/93 � MAKING APPROPRIATIONS FOR THE CITY FOR SUCH FISCAL YEAR AS REFLECTED IN SAID BITDGET ; AND MAKING CERTAIN FINDINGS AND CONTAINING CERTAIN PROVISIONS RELATING TO THE SUBJECT . SECONDED BY COUNCILMEMBER RALEY . MOTION APPROVED UNANIMOUSLY . �*COUNCILMEMBER RALEY MOVED TO APPROVE ORDIN,�NCE Z1Q� ,�.Q�.=1.�, FIRST AND FINAL READING OF AN ORDINANCE PROVIDING FOR THE ASSESSMENT , LEVY , AND C�LLECTION OF AD VALOREM TAXES OF THE CITY OF FRIENDSWOOD , TEXAS , FOR THE YEAR 1992 AND FOR EACH YEAR THEREAFTER UNTIL OTHERWISE PROVIDED ; PROVIDING THE DATE ON WHICH SUCH TAXES SHALL BE DUE AND PAYABLE ; PROVIDING FOR PENALTY AND INTEREST ON ALL TAXES NOT TIMELY PAID ; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH , ( 1 ) FOR APPROVAL OF A TAX RATE OF $ . 1614 FOR DEBT SERVICE . SECONDED BY COUNCILMEMBER STUART . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER STUART MOVED TO APPROVE ORDI�i,A11C� j�Q� �Q,�-1�� ( 2 ) FOR APPROVAL OF A TAX RATE OF $ . 5016 FOR MAINTENANCE AND OPERATION EXPENDITURES . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER STUART MOVED TO APPROVE ORDINgrIS�E Na • .Q�- 1�, APPROVING PLANNING AND ZONING RECOMMENDATION AND FIRST READING OF AN ORDINANCE AMENDING CITY OF FRIENDSWOOD , TEXAS , ORDINANCE N0 . 8�1- 15 , AS AMENDED , ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER , 198� , AND BEING THE ZONING ORDINANCE OF THE CITY , BY ADDING TO GENERAL CATEGORY 70 OF THE PERMITTED USE TABLE CONTAINED IN SECTION 7-P THEREOF A NEW CATEGORY 705 ; PROVIDING FOR THE CLASSIFICATION OF BED AND BREAKFAST LODGING IN THE PERMITTED USE TABLES ; PROVIDING A PENALTY ; AND PROVIDING FOR SEVERABILITY . SECONDED BY COUNCILMEMBER HAJECATE . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER RALEY MOVED TO REMOVE ITEMS B3 AND B4 FROM THE 5 178 CONSENT AGENDA AND TO REJECT BIDS 92-21 , LIGHTING AT RENWICK PARK AND BIDS 92-22 , JANITORIAL SERVICES FOR MUNICIPAL BUILDINGS . SECONDED BY COUNCILMEMBER MEASELES . MOTION APPROVED UNANIMOUSLY . **COUNCILMEMBER MEASLES MOVED TO APPROVE THE CONSENT AGENpg AS PRESENTED FOR A ) PAYMENT OF �pITA� P$Q�.��T� 1 ) STEVENSON PARK IMPROVEMENTS 2) STADIUM WATERLINE EXTENSION 3 ) EAST VIEJO AND RANCHO DRIVE STREET IMPROVEMENTS � ) SOUTH FRIENDSWOOD INTERCEPTOR PROJECT B) j���Q,�.S.��Q� QE �ZDS • 1 ) BID N0 . 92-19 : SIDEWALK FROM BLACKHAWK BOULEVARD TO FM 518 AWARDED TO D . WAGNER CONSTRUCTION IN THE AMOUNT OF $85 , 538 • 10 2 ) BID N0 . 92-20 : REINFORCED CONCRETE PIPE CULVERTS AWARDED TO BAY CONCRETE PRODUCTS , INC . $10 , 843 . 80 C ) ACCEPTANCE OF SECTION I OF BOCA RATON SUBDIVISION FOR CONTRACTOR ' S ONE-YEAR MAINTENANCE PERIOD D ) AUTHORIZE USE OF CITY HALL COUNCIL CHAMBERS AND CITY LIBRARY FOR GENERAL ELECTION NOVEMBER 3 , � 992 E ) AUTHORIZE SALE OF FIRE ENGINE 82 TO THE UNION GROVE VOLUNTEER FIRE DEPARTMENT IN THE AMOUNT OF $12 , 001 . 01 . SECONDED BY COUNCILMEMBER STUART . MOTION APPROVED UNANIMOUSLY . MOTION MADE AND APPROVED FOR ADJOURNMENT A 9 : �5 P . M. . _L" � MAYOR VELYN B . NEWMAN AT ST • DEL RIS MCKEN IE , CMC CITY SECRETARY 6