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HomeMy WebLinkAboutCC Minutes 1994-09-12 Regular 529 STATE OF TEXAS } ( CITY OF FRIENDSWOOD ) ( COUNTY OF GALVESTON/HARRIS ) ( SEPTEMBER 12, 1994 ' MINUTES OF A REGULAR MEETING OF THE FRIENDSWOQD CTTY COUNCIL THAT WAS HELD ON MONDAY, SEPTEMBER 12, 1994 AT 6:30 PM AT FRIENDSWOOD CITY HALL, COUNCII, CHAMBEgS, 109 WILLOWICK, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT . CONSTITUTING A QUORUM: MAYOR EVELYN NEWMAN MAYOR PRO—TEM TOM MANISON COUNCILMEMBER KITTEN HAJECATE COUNCZLMEMBER MEL MEASELES COUNCILMEMBER ED STUART COUNCILMEMBER ALINE DZCKEY COUNCILMEMBER JANIS LOWE CITY ATTORNEY JOHN OLSON CITY MANAGER ROM COX CITY SECRETARY DELORIS MCKENZIE MAYOR NEWMAN CALLED THE MEETI�IG TO ORDER. COUNCIL CONVENED INTO EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE, PURSUANT TO THE SECTION 55.071, CONSULTATION WITH ATTORNEY. COUNCILMEMBER MEASELES DID NOT ATTEND THE EXECUTIVE SESSION. COUNCIL RE—CONVENED INTO OPEN SESSION WITH NO ACTION BEING TAKEN AT 7;00 P.M. COUNCILMEMBER MEASELES RETURNED TO THE COUNCIL MEETING AT THIS TIME. a Tt�JVOCATION WAS GIVEN BY REVEREND NORMAN F'RY, FIRST BAPTIST CHURCH. i MAYOR NEWMAN LED THE PLEDGE OF ALLEGIANCE. PUBLIC HEARING MAYOR NEWMAN CALLED A PUBLIC HEARING TO ORDER TO RECEIVE CO1�II�fENTS, EITHER ORAL OR WRITTEN, REGA.RDING THE 1994-1995 GENERAL OPERATING BUDGET FOR THE CITY OF FRIENDSWOOD. FIRE CHIEF RICK MCFEE, CAPTAIN DAN KEY, AND FIRE FIGHTER JEFF SMITH SPOKE ON BEHALF OF THE FIRE DEPARTMENT'S REQUEST FOR LADDER/AERIAL TRUCK AND REQUESTED COUNCIL TO RECONSIDER THIS BUDGET REQUEST AND OFFERED COUNCIL A FIRE DEPARTMENT TOUR OF THE CITY. A 530 MR. HOWARD YEAGER COMMENDED THE FIRE DEPARTMENT FOR SERVICES PROVIDED BUT STATED HE IS NOT IN FAVOR OF A LADDER/AERIAL TRUCK. HEARING NO FURTHER INPUT, MAYOR NEWMAN CLOSED THE PUBLIC HEARING AT 7:30 P.M. MAYOR NEWMAN CALLEQ A PUBLIC HEARING TO ORDER TO RECEIVED INPUT, EITHER ORAL OR WRITTEi3 REGARDING THE TCI CABLELVISION FRANCHISE ORDINANCE. HEARING NO INPUT, MAYOR NEWMAN CLOSED THE PUBLIC HEARING. MAYOR NEWMAN PROCLAIMED THURSDAY, SEPTEMBER 22, 1994 AS "AMERICAN BUSINESS WOMEN'S ASSOCIATION DAY", RECOGNIZED THE FIFTIETH ANNIVERSARY OF THE "HOUSTON TEXAS ASSOCTATION OF OCCUPATIONAL NURSES", AND PROCLAIMED THE WEEK OF SEPTEMBER 17-23, 1994, AS "CONSTITUTION WEEK" . MAYOR NEWM�N ANNOUNCED THE DEDICATION AND RIBBON CUTTING FOR THE COMPLETION OF FM 528 WILL BE HELD WEDNESDAY AT THE BRAZORIA/GALVESTON COUNTY LINE, REPORTED THE TOWN MEETING HELD LAST MONDAY WAS VERY SUCCESSFUL WITH THE CZTY RECEIVING INPUT FROM CITIZENS REGARDING JUVENILE CURFEW AND STATED MANY SURROUNDING CITIES HAVE ADOPTED CURF'EWS. COUNCILMEMSER LOWE THANKED EVERYONE FOR ATTENDING THE TOWN MEETING AND STATED THE RESPONSE TO THE CURFEW ISSUE WAS VERY INFORMATIONAL, REPORTED ON ATTENDING THE NATIONAL ZNFQRMATIQN INFRASTRUCTURE SUPER HIGHWAY MEETING ON FRIDAY, REPORTED ON MEETING WITH REPRESENTATIVES FROM FIRE DEPARTMENT AND COUNCILMEMSER HAJECATE REGARDING AMBULANCE BILLING AND RECOGNIZED THE ANNIVERSARY OF THE CONSTITUTION. COUNCILMEMBER DICKEY STATED THE TOWN MEETING WAS WELL ATTENDED AND WAS VERY INFORMATIVE, AND REPORTED ON ATTENDING SENATOR JERRY PATTERSON'S TOWN MEETING. COUNCILMEMBER MANISON STATED J.T. DUNKIN IS DOING A GOOD JOB ON THE COMPREHENSIVE PLAN, REPORTED ON ATTENDING THE ZONING BOARD OF ADJUSTMENT MEETING, REPORTED ON THE CLEAR LAKE ECONOMIC DEVELOPMENT FOUNDATION WORKSHOP ON "AN ECONOMIC DEVELOPMENT INCENTIVE", AND ATTENDED THE EMERGENCY MANAGEMENT MEETING ZN LEAGUE CI'I'Y. COUNCILMEMBER MEASELES REPORTED ON ATTENDING THE HARRIS COUNTY MAYORS AND COUNCILMEN'S ASSOCIATION MEETING, STATED THE TOWN MEETING WAS VERY INFORMATIVE REGARDTNG TEEN CURFEW AND ATTENDED SENATOR JERRY PATTERSON'S TOWN MEETING. COUNCILMEMBER STUART REPORTED CITY HALL CONSTRUCTION IS ONGOING, CONCRETE STREET PAVING PROGRAM IS PROCEEDING, AND STATED THE BENEFTT FROM THE STREET PROGRAM IS TO ELIMINATE OPEN DITCHES, TO PROVIDE FOR SIDEWALKS, AND SEWER AND WATER LINE REPLACEMENT. COUNCILMEMBER HAJECATE REPORTED ON THE M.D.A. GOLF TOURNAMENT SPONSORED BY T.C. I . AND REPORTED THE F.V.F.D. PASSED THE BOOT FOR M.D.A. AND RAISED OVER $2,500, REPORTED QN ATTENDING THE WOMEN'S CENTER AND REPORTED ON THE SIDEWALK PROGRAM. 531 : MS. GEORGZANA NICHOLS, DISTRICT MANAGER FOR H.L.&P. APPEARED BEFORE COUNCIL REGARDING THE RATE CASE AND CLARIFIED THAT THIS IS NOT A RATE INCREASE AND STATED CITIES THAT FILE FOR SECTION 42 WOULD PASS ON ADDITIONAL COST TO THEIR CITIZENS. MR. MEL AUSTIN APPEARED BEFORE COUNCIL TO TF�ANK COUNCIL FOR HOLDING THE TOWN HALL MEETING, STATING THE MEETING WAS VERY INFORMATIVE ON CURFEW ISSUES. MR. AUSTIN REQUESTED TO BE CONSIDERED FOR THE OPEN POSITION ON THE PLANNING AND ZONING CONII�fISSIQN. •.,;. ? MR. ROBERT MOTT, DELINQUENT TAK ATTORNEY PRESENTED THE QUARTERLY PRQGRE5S REPORT ON DELINQUENT TAX COLLECTIONS. **MOTIQN MADE BY COUNCILMEMBER HAJECATE TO APPROVE COMMERCIAL SITE PLANS FOR ALVIN STATE BANK, AUTO ZONE, AND EXPANSION OF TENEREX FACILITIES. SECONDED BY COUNCILMEMBER MANISON. MOTION A.PPROVED UNANIMOUSLY. MR. FRANK WEBB INVITED EVERYONE TO ATTEND THE POW/MIA RECOGNITION DAY AT THE V A HOSPITAL ON FRIDAY AT 10:00 A.M. MR. DARRYL BOLDING APPEARED BEFORE COUNCIL TO ANNOUNCE HIS CANDIDACY FOR GALVESTON COUNTY COMMISSIONER AND E}CPRESSED HIS SUPPORT FOR AN EARLY VOTING POLLING PLACE AT CITY HALL. CITY MANAGER REPORTED ON THE STATUS OF THE NEW CITY HALL; THE PAVILION CONSTRUCTIaN, ADDITIONAL ELECTRICAL WORK IN THE AMOUNT OF $4,667, CHANGE ORDER #1 TO AN ADDITIONAL $10.00; CHANGE ORDERS TO CONTRACT FOR DEEPWOOD LIFT STATION MODIFTCATIONS, W5A PROJECT 080-015-4, #1 BEING A DEDUCTION OF $1,500 AND CHANGE ORDER #2, AN ADDITION OF $3,705; CT-�ANGE ORDERS TO CONTRACT FOR LIBRARY RENOVATION, HALL/MERI2IMAN PROJECT 9303, CHANGE ORDER #4, AN ADDITION OF $1 , 107 AND CHANGE ORDER #5, A "TRUE UP" WITH ONE ITEM DEDUCTED AND ONE ITEM ADDED ON, BOTH IN THE AMOUNT OF $856.37; STATUS OF TCI CABLEVISION FRANCHISE NEGOTIATZONS; AND THE FREAKY FRIDAY JOB SWAP WEiERE THE CITY MANAGER, CITY SECRETARY, AND ALL DEPARTMENT HEADS WILL SWAP JOBS WITH AN EMPLOYEE IN THE CITY ON OCTOBER 28TH, IN AN EFFORT TO BUILD COMR.ADERIE AND MUTUAL RESPECT FOR EACH OTHER'S JOB. COUNCILMEMBER HAJECATE ASKED IF THERE ARE FANS PLANNED FOR THE PAVILION AT STEVENSON PARK WITH CITY MANAGER ADVISING FANS WILL BE CONSIDERED AFTER CONSTRUCTION IS COMPLETED. COUNCILMEMBER MEASELES ASKED IF THE CITY HALL DRTVEWAY POUR WILL BE COORDINATED WITH THE FIRE DEPARTMENT DRIVE WITH CITY MANAGER ADVISING THE POUR IS TQO FAR QUT AND WOULD BE A PROBLEM ADQING TO THE EXISTING CITY I-iALL CONTRACT. COUNCILI�fEMBER LOWE STATED SHE IS CONCERNED WITH THE ELECTRICAI, QUOTES ON THE PAVILION AND WOULD URGE THE CITY TO SEEK THE USE OF LOCAL ELECTRICIANS. COUNCILMEMBER STUART ASKED ABOUT THE COST OF THE LIBRARY LIGHT FIXTURES WITH CITY MANAGER STATING THE LIGHT FIXTURES WERE MORE EXTENSIVE AND THAT THE NATURE OF THE WORK INCREASED THE COST. ' S32 i ' COUNCILMEMBER DICKEY ASKED ABO�T THE ELECTRICAL BID ON THE PAVILION AND ASfCED IF DUROTECH WAS DOING THE ORIGINAL ELECTRTCAL WORK ON THE PAVILION WITH CITY MANAGER ADVISING DUROTECH WAS CONTRACTED FOR CONSTRUCTION ONLY AND WOULD LIKE TO SEE THE CITX STAY WITH THE POLICY OF USING THE LOWEST QUALIFIED BIDDER. **COUNCILMEMBER MEASELES MOVED TO APPROVE THE EXECUTION OF THE CONTRACT WITH GALVESTON COUNTY HEALTH DISTRICT FaR CONTINUATION OF WATER POLLUTION CONTROL AND A.BATEMENT SERVICES TO THE CITY. 5ECONDED BY CQUNCILMEMBER MANISON. MOTION APPROVED UNANIMOUSLY. **COUNCILMEMBER HAJECATE MOVED TO PETITION GALVESTON COUNTY COMMISSIONER'S COURT �0 PROVIDE WITHIN THE CITY OF FRIENDSWOOD AN EARLY VOTING SITE FOR THE GENERAL ELECTZON. SECONDED BY COUNCILMEMBER LOWE. MOTION APPROVED UNANIMOUSLY. **COUNCILMEMBER LOWE MQVED TO APPROVE RESOLUTION R94-35, A RESOLUTION OF THE CITY OF FRIENDSWOOD, TEXAS, GALVESTONjHARRIS COUNTIES ADOPTI�G A FORMULA FOR DETERMINATION OF ACTUAL SEWAGE USAGE BY DOMESTIC USERS AS REQUIRED BY THE CITY OF FRIENDSWQOD ORDINANCE NO. 79-23, PASSED AND APPROVED NOVEMBER 5, 1979. SECONDED BY COUNCILMEMBER MEASELES. MOTION APPROVED UNANIMOUSLY. *�COUNCILMEMBER LOWE MOVED TO APFROVE RESOLUTION 94-36, A RESOLUTION OF THE CITY OF FRIENDSWOOD, COUNTIES OF GALVESTONfHARRIS, TEXAS, DIRECTING HOUSTON LIGHTING AND POWER COMPANY TO FILE CERTAIN RATE INFORMATION WITH THE CITY; SETTING A TEST YEAR TO BE USED BY HOUSTON LIGHTING AND POWER COMPANY IN ITS FILING; ESTABLISHING A PROCEDURAL SCHEDULE �OR THE GATHERING AND REVIEW OF NECESSARY INFORMATION IN CONNECTION THEREWZTH; SETTING DATE FOR FILING OF THE CITY'S ANALY5IS OF THE COMPANY'S REBUTTAL TO SUCH ANALYSIS; AND CALLING A PUBLIC HEARING FOR THE PURPOSES OF RECEIVING TESTIMONY RELATIVE TO THE REASONABLENESS OF THE EXISTING RATES CHARGED BY HOUSTON LIGHTING AND POWER COMPANY AND THE COMPZIANCE BY SAID COMPANY WITH APPLICABLE PROVISIONS OF LAW. SECONDED BY COUNCILMEMBER DICKEY. MOTION APPROVED UNANIMOUSLY. COUNCILMEMBER MEASELES ABSTAINED FROM VOTING. **COUNCILMEMBER LOWE MOVED TO APPROVE RESOLUTION 94-37, A RESOLUTION OF THE CITY OF FRIENDSWOOD, COUNTIES OF GALVESTON/H�.RRIS, TEXAS, DESIGNATING A REPRESENTATIVE TO THE GULF COAST COALITTON OF CITIES; AUTHORIZING EMFLOYMENT BY THE COALITION OF ATTORNEYS AND CONSULTANTS TO REFRESENT THE INTERESTS OF COALITION MEMBERS, II�CLUDING THE CITY OF FRIENDSWOOD, TEXAS, ZN PROCEEDINGS REGARDING THE RATES CHARGED BY HOUSTON LIGHTING AND POWER COMPANY FOR ELECTRIC UTILITY SERVICE5; AUTHORIZING INTERVENTION BY TH8 CITIES IN TEXAS PUBLIC UTILITY COMMISSION DOCKET N0. 12065, CONSOLIDATED, AND AUTHORIZII�G INTERVENTION BY THE CITY IN ANY FUEL RECONCILIATION OR PRUDENCE PROCEEDING FILED DURING THE PENDENCY OF THE PROCEEDINGS INITIATED BY RESOLUTION N0. R94-36 OR TEXAS PUBLIC UTILITY COMMISSION DOCKET NO. 120b5, CONSOLIDATED; AND PROVIDING OTHER MATTERS RELATED TO THE SUBJECT. SECONDED BY COUNCILMEMBER HAJECATE. MOTION APPROVED UNANIMOUSLY. .,a..,._._...•..�..,.---------�-._..,.. 533 **COUNCILMEMBER LOWE MOVED TO APPROVE RESOLUTTON R94-38, A RESOLUTION OF THE CITY OF FRIENDSWOOD, TEXAS, GALVESTON/HARRIS COUNTIES TO ADOPT A TOLLING ORDER TO EXTEND THE THIRTY-DAY PERIOD FOR REVIEW OF BASIC CABLE RATES AND EQUIPMENT CHARGES. SECONDED BY COUNCILMEMBER STUART. MOTION APPROVED UNANIMOUSLY. **COUNCILMEMBER HAJECATE MOVED TO APPROVE RE50LUTION 94-39, A RE50LUTZON OF THE CITY OF FRTENDSWOaD, TEXAS, EXPRESSING THE INTENT OF CITY COUNCIL TO HQLD A SPECIAL ELECTION ON JANUARY 21, 1995, FOR THE PURPOSE OF SUBMITTING ` TO THE QUALIFIED VOTERS OF THE CITY SEPARATE PROPOSITIONS REGARDING THE ENACTMENT OF A SAI.,ES AND USE TAX FOR AMATEUR SPORTS FACILITIES, PARK IMPROV�MENTS AND PARK MAINTENANCE PURSUANT TO SECTION 4B OF ARTICLE 5190.6, TEXAS REVISED CIVIL STATUTES, AND ENACTMENT OF A SALES TAX TO REDUCE THE PROPERTY TAX RATE PURSUANT TO SECTION 321 . 101 (b) OF TEXAS TAX CODE WITH REVISiONS. SECONDED BY COUNCZLMEMBER STUART. MOTION APPROVED UNANIMOUSLY. **COUNCILMEMBER HAJECATE MOVED TO APPROVE FIRST READING OF ORDINANCE T94-11, AN ORDINANCE AMENDING THE FRIENDSWOOD CITY CODE BY STRIKING THEREFR�M ALL QF SUBSECTION A OF SECTION 8-6 OF ARTICLE I OF CHAPTER 8 AND SUBSTITUTING A NEW SUBSECTION A; PROVIDTNG RATES F�R THE COLLECTION AND DISPOSAL OF GARBAGE, TRASH, AND REFUSE WITHIN THE CITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. SECONDED BY COUNCILMEMBER STUART. MOTION APPROVED UNANIMOUSLY. **COUNCILMEMBER MANISON MOVED TO APPROVE FIRST READING OF ORDINANCE T94-12, AN ORDINANCE AMENDING CITY OF FRIENDSWOOD, TEXAS ORDINANCE 300, PASSED AND APPROVED THE 9TH DAY OF JANUARY, 1978 AND BEING AN ORDINANCE E5TABLISHING A NEW SECTION 8; PROVIDING CONDITIO[�S FOR THE USE OF CERTAIN CITY STREETS FOR IN-LINE, ROLLER BLAL)E SKATING; PROVIDING PENALTIES FOR FAILURE TO ABIDE BY SUCH TERMS AND CONDITIONS; PROVIDING FOR SEVER.A.BILITY; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. 5ECONQED BY COUNCZLMEMBER DICKEY. MOTION APPROVED 5 - 2. COUNCILMEMBERS MEASELES AND STUART OPPOSED. **COUNCILMEMBER MEASELES MOVED TO APPROVE CONSENT AGENDA AS PRESENTED, WITH THE EXCEPTION OF ITEM C. , APPOINTMENTS TO BOARDS AND COMMISSIONS. THE ITEMS APPROVED ARE AS FOLLOWS: A) PAYMENT OF CAPITAL PROJECTS - 1. 1994 STREET IMPROVEMENT PROJECT IX, 2. 1992 COUNTY STREET IMPROVEMENT PROGRAM, 3. STEVENSON PARK GLULAM SHELTER, 4. NEW CITY HALL, 5. RENOVATION OF LIBRARY FACILITY, 6. ELEVATED WATER STORAGE TANK MODIFICATIONS, 7. SOUTH FRIENDSWOOD INTERCEPTOR, 8. DEEPWOOD LIFT STATION IMPROVEMENTS, 9. RATIFY AND CONFIRM PAYMENT FOR SPORTS COMPLEX, B) DI5POSITION OF BID I30. 94-20, WIDENING OF STADIUM DRIVE, D) LICENSE AGREEMENTS FOR STREET BACINERS - 1. APPROVE LICENSE AGREEMENT FROM FRIENDSWOOD CHAMBER OF COMMERCE FOR STREET BANNER ACROSS FM 518 FOR SEPTEMBER 13 THROUGH SEPTEMBER 19, 1994, 2. APPROVE LICENSE AGREEMENT FROM �'RIENDSWOOD VOLUNTEER FIRE DEPARTMENT FOR STREET BANNER ACROSS FM 518 FOR OCTOBER 2 THROUGH OCTOBER 9, 1994, 3.APPROVE LICENSE AGREEMENT FROM FRIENDSWOOD LIONS CLUB FOR STREET BANNER ACROSS FM 518 FOR OCTOBER 24 THROUGH OCTOBER 31, 1994, E) VOTE FOR CANDIDATE KITTEN HAJECATE TO SERVE ON THE TML GROUP BENEFITS RISK POOL BOARD OF TRUSTEES FOR TERM OF OFFICE OCTOBER 2, 1994 - OCTOBER 1, 1997, F) VOTE FOR CANDIDATE GREG INGHAM FOR PLACE 11, CANDIBATE MIKE MCGREGOR FOR PLACE 12, CANDIDATE NORA CHAVEZ 534 FOR PLACE 13, AND CANDIDATE DICK BROWN FOR PLACE 14 TO S�RVE SIX-YEAR TERMS ON TML INTERGOVERNMENTAL RISK POOL BOARQ OF TRUSTEES, G) APPROVE FRIEI3DSWOOD VOLUNTEER FIRE DEPARTMENT EMS DIVISION'S GRANT APPLICATION FOR IMPLEMENTATION OF AN EMERGENCY MEDICAL TECHNICAL-DEFIBRILLATION (EMT-D) PROGRAM, H) FINAL ACCEPTANCE OF KEYSTONE MEADOWS II, SUBDTVISION FOR CITY MAINTENANCE, I) FINAL ACCEPTANCE OF EVANS ESTATES SUBDIVISION FOR CONTRACTOR'S ONE-YEAR MAINTENANCE PERIOD, J) MINUTES. SECONDED BY COUNCILMEMBER MANISON. MOTION APPROVED UNANIMOUSLY. **COUNCILMEMBER HAJECATE MOVED TO APPROVE THE APPOINTMENTS OF CATHY JACKSON, ELISA WILLIAMS AND CHRIS ELLIS TO THE 1995 COMMUNITY APPEARANCE BOARD. SECONDED BY COUNCILMEMBER MEASELES. MOTION APPROVED UNANIMQUSLY. **COUNCILMEMBER HAJECATE MOVED TO APPROVED THE APPOINTMENTS OF CHUCK HARVEY, DALE JONES, DAVID MCCULLOUGH, DANIEL MCGHGHY, GREG MYERS, LEE WINGATE AND MICHAEL WHITTENBURG TO THE 1995 FOURTH OF JULY STEERING COMMITTEE. SECONDED BY COUNCILMEMBER MEASELES. MOTION APPROVED UNANIMOUSLY. **COUNCILMEMBER MANISON MOVED TO APPROVE THE RESIGNATION OF JAN JORDAN FROM THE PLANNING AND ZONING COMMISSION AND THE APPOINTMENT OF MIKE WHITTENBURG TO FILL THE UNEXPIRED TERM TO THE PLANNING AND ZONING COMMISSION. SECONDED BY COUNCILMEMBER MEASELES. MOTION APPROVED 4 - 3. COUNCILMEMBERS DICKEY, LOWE, AND STUART OPPOSED. MOTION MADE FOR ADJOURNMENT AT 9:30 P.M. MAYOR EV YN KE ATTEST: . � DELOR S MCKENZIE, T.R. .C. CITY SECRETARY �,,,r,,,,.,,,�.._________....