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HomeMy WebLinkAboutCC Minutes 1994-11-07 Regular 567 STATE OF TEXAS }( CITY OF FRIENDSWOOD ) ( COUNTY OF GALVESTON/HARRIS ) ( NOVEMBER �, 1994 ) ( a MINUTES OF A REGULAR MEETING OF THE FRIEND5WOOD CITY COUNCIL THAT WAS HELD ON MONDAY, NOVEMBER 7, 1994, at 7:00 P.M. AT FRIENDSWOOD CITY HALL, COUNCIL CHAMBERS, 109 WILLOWICK, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING i PRESENT CONSTTTUTING A QUORUM: MAYOR EVELYN NEWMAN MAYOR PRO-TEM TOM MANISON COUNCILMEMBER KITTEN HAJECATE COUNCILMEMBER MEL MEASELES COUNCILMEMBER JANIS LOWE CITY ATTORNEY JOHN �LSON CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE ABSENT FROM THE MEETING WERE COUNCILMEMBERS ALINE DICKEY AND ED STUART. MAYOR NEWMAN CALLED THE MEETING TO ORDER. TNVOCATION WAS GIVEN BY ANDY KNIGHT, REPRE5ENTII3G THE CHURCH OF THE GOOD SHEPHERD. MAYOR NEWMAN LED THE PLEDGE OF ALLEGIANCE. MAYOR NEWMAN PROCLAIMED NOVEMBER 15, 1994, AS TEXAS RECYCLES DAY OF FRIENDSWOOD, NOVEMBER 15, 1994 AS NATIONAL COMMUNITY EDUCATION DAY, AND ' NOVEMBER 11, 1994, AS VETERANS DAY. MAYOR NEWMAN ANNOUNCED THAT THERE WOULD BE RECYCLING BINS FOR THOSE RESIDENTS THAT D� NQT HAVE RECYCLING AND URGED EVERYONE TO RECYCLE, REPORTED ON ATTENDING THE AREA Y.M.C.A. BANQUET WHERE RECOGNITION WAS GIVEN TQ THE TRI-COUNTY "Y" FOR OtJTSTANDING WORK AND COUNCILMEMBER LOWE WAS HONORED AS "VOLUNTEER OF THE YEAR" FOR HER WORK ON TEEN COURT, REPORTED 3,187 VOTERS HAVE CAST THEIR BALLOTS HERE AT FRIENDSWOOD'S EARLY VOTING POLLING PLACE AND URGED EVERYQNE TO VOTE TOMORROW ON ELECTION DAY, REPORTED ON MEETING WITH REPRESENTATIVES FROM FEMA ON THE FLOOD DI5ASTER, REPORTED THAT THE RED CROSS HAS DONE AN OUTSTANDING JOB, CHURCHES IN A COOPERATIVE EFFORT, HAVE PREPARED MEALS FOR THE FLOOD VICTIM5, AND REPORTED FEMA WILL SET UP A MOBILE OFFICE ON WEDNESDAY AND THURSDAY AT THE OLD LIBRARY - ACTIVITIES BUILDING. COUNCILMEMBER LOWE REPORTED THAT THE NUMBER OF EARLY VOTERS THAT HAVE VOTED IN FRIENDSWOOD REPRESENT 45� OF EARLY VOTING IN GALVESTON COUNTY AND THE NUMBERS PROVE FRIENDSWOOD DOES VOTE AND THAT THE REQUEST FOR AN EARLY VOTING PLACE WAS WARRANTED, REPORTED ON ATTENDING THE DEDICATIQN OF THE MIN117/KSS03 568 GLULAM PAVILION IN STEVENSON PARK WITH ROTARY, STATED 5HE WAS HONORED TO BE CHOSEN "�OLUNTEER OF THE YEAR" AT THE U.M.C.A. BANQUET, REPORTED ON ATTENDING THE T.M.L. CONFERENCE LAST WEEK ANA ENJOIrED SITTING THROUGH THE RESOLUTIONS PRESENTATIONS, REPORTED THE CLEAR CREEK REGIONAL STEERING COMMITTEE WTLL HOST A MEETING TO DISCUS5 CLEAR CREEK FLOODING WITH LETTERS GOING TO EVERYONE THAT FLOODED INCLUDING HOMEOWNERS ASSOCIATIONS AND CONGRATULATED FRIENDSWOOD TENNSS TEAM FOR WINNING THIRD IN THE STATE. COUNCILMEMBER MANISON EXPRESSED APRECIATZON TO THE COI�IUNITY FOR SUPPORT IN THE RECENT L05S OF HI5 UNCLE RAYMOND T. ROBINSON WHO WAS 94 YEARS OLD, REPORTED ON THE ECQNQMIC DEVELOPMENT COMMITTEE COMMUNITY SURVEY REGARDING AREAS OF ECONQMIC DEVELOPMENT AND GROWTH, ENJOYED THE PRESENTATION OF THE ARMY BAND WHICH WAS A THRILLING EXPERIENCE, AND PARTICIPATED IN THE DEDiCATION OF THE GLULAM PAVILION AT STEVENSON PARK WITH THE FRIENDSWOQD ROTARY. COUNCILMEMBER MEASELES REPORTED ON ATTENDING THE T.ML. ANNUAL CONFERENGE IN AUSTIN AND LEARNED SOME LEGISLATIVE ISSUES THAT WILL BE PRESENTED THIS NEXT LEGISLATIVE SESSION, AND REPORTED THAT THE NEXT CLEAR LAKE COUNCIL OF CITIES WILL BE HOSTED ON NOVEMBER 16TH AT SPACE CENTER HOUSTON. COUNCILMEMBER HAJECATE REPORTED THAT THE ARMY BAND PRESENTATION WAS �'ABULOUS, ANNOUNCED THAT PR4JECT FROM COW-A-JINGLE WILL BE HELD AECEMBER lOTH AT THE FRIENDSWOOD HIGH SCHOOL STADIUM,K REPORTED THAT THE 1995 4TH aF JULY STEERING COPR�IITTEE HAS OFFICIALLY ADOPTED THE CENTENNIAL THEME "PROUD OF OUR PAST, COMMITTED TO OUR FUTURE", ANNOU23CED THEI12 WOULD BE A FLOOD MEETING IN PEARLAND ON WEDNESDAY AT 7:30 IN CONJUNCTZON WITH THE CLEAR CREEK REGIaNAL STEERING COMMITTEE MEETING, AND PUBLICLY THANKED LUCY WOLTZ FOR HER TIRELESS EFFORTS IN MANNING THE FLOOD CENTER AT THE ACTIVITIES BUILDING. MR. FRED KRCH APPEARED BEFORE COUKCIL TO REQUEST THAT THE CITY REVIEW THE DEEP WOODS PUMPZNG STATION REGARDING THE ISSUE OF MAL.ADOROUS SEWER GASES. MR. JACK BEAMS, GENERAL MANAGER WITH TCI, APPEARED BEFORE COUNCIL TO REQUEST THAT COUNCZL TABLE FRANCHISE ORDINANCE T94-15, TO ALLOW THE ATTORNEYS TO DISCUSS SECTION 1501 OF THE DOCUMENT. MR. ANDY KNIGHT, ADMINISTRATOR OF MEALS ON WHEELS PROGRAM IN FRIENDSWOOD, CHALLENGED MAYOR AND COUNCIL TO SERVE MEALS ON A DAY TO BE SET TO SEE HOW THE FROGRAM WORKS WITH TOTAL COi�1UNITY EFFORTS THROUGH THE CHURCHES. CITY MANAGER REPORTED ON THE FLOOD RESPONSE TO THE VICTTMS OF THE OCTOBER, 1994 FLOOD, THE UNTIRING WOI2K OF LUCY WOLTZ AS A VQLUNTEER TO COORDINATE THE VOLUNTEER EFFORTS OF THE CITIZENS, FEMA CONTACTING THE CITY REGARDING THE ESTIMATES OF DAMAGE TQ PUBLIC FACILITIES, THE POSSIBILITY QF GRANTS FROM FEMA TO PROVIDE FUNDS TO FURTHER IMPLEMENT DRAINAGE IMPROVEMENTS, AND THE WRITTEN INSTRUCTIONS FROM FEMA ON THE POSSIBILITY THAT SOME HOME THAT HAVE SUFFERED REPETITIVE LOSSES MAY NOT BE ELTGIBLE FOR REHABILITATION, THE PROGRESS OF THE NEW CITY HALL, THE STREET PROJECT WHICH IS NOW 90 PERCENT CaMPLETE, THE FM 518 SIDEWALK PROJECT, AND TNRCC RULES REQUIRING THE CITY TO PLACE LEAK DETECTION EQUIPMENT ON OUR UNDERGROUND FUEL TANKS. MIN117/KSS03 _�,.,_,�...�._.....,._. 569 COUNCILMEMBER LOWE ASKED ABOUT THE PRICE OF GASOLINE ON THE NEW RUSCHE SYSTEM WITH THE CITY MANAGER ADVISING COST WILL BE lOd MORE THAN THE ACTUAL COST OF FUEL BUT WTLL BE LESS THAN PUMP PRICE. MAYOR NEWMAN STATED THAT THIS SYSTEM IS SEING USED ON A TRIAL BASIS AND SHQULD BE CHEAPER IN THE LONG RUN RATHER THAN REPLACING THE CITY'S FUEL TANK. COUNCILMEMBER LOWE ASKED ABOUT SIDEWALKS FROM FM 2351 TO KINGSPARK/WHITEHALL SUBDIVISION WITH COUNCILMEMBER HAJECATE STATING THAT THERE IS A PROBLEM WITH FUNDING AND THE BRIDGE, BUT THE PROJECT IS ` STILL BEING LOOKED AT. COUNCILMEMBER HAJECATE STATED THEY WOULD ALSO LIKE TO DO SIDEWAI.,KS ALL THE WAY FROM SUNSET, FROM 2351 TO FM 528. COUNCILMEMBER HAJECATE PUBLICLX THANKED THE CITY STAFF FOR ALL THE HARD WORK AI3D DEDICATION DURING THE RECENT FLOODING. **COUNCILMEMBER LOWE MOVED TO APPROVE THE COMMERCIAL SITE PLAN FOR PHOENICIA CENTER LOCATED AT 1401 SOUTH FRIENDSWOOD DRIVE. SECONDED BY COUNCILMEMBER HAJECATE. MOTION WAS APPROVED UNANIMOUSLY. COUNCILMEMBER MANISON MOVED FOR APPROVAL OF THE COMMERCIAL 5ITE PLAN FOR FRIENDSWOOD PHYSICIANS OF CHIROPRACTIC CARE LOCATED AT 903 SOUTH FRIENDSWOOD DRIVE. SECOt�IDED BY COUNCILMEMBER HAJECATE. MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER MEASELES MOVED TO APPROVE SELEGTI02� OF HERBST AND ASSOCIATES AS TELECOMMUNICATIONS CON5ULTANT FOR CITY FACILITIES. SECONDED BY COUNCZLMEMBER LOWE. MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER MANISON MOVED TO APPR�VE THE SECOND AND FINAL READING OF ORDINANCE T94-15, AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, GRANTING TO TCI TKR OF HOUSTON, INC. , A COLORADO CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AND FRANCHISE FOR A TERM OF FIFTEEN (15) YEARS TO ERECT, MAINTAIN, AND OPERATE A COMMUNITY ANTENATA TELEVISION SY'STEM IN THE CITY OF FRIENDSWOOD, TEXAS; TO ERECT, MAINTAIN, AND OPERATE ITS POLES, TOWERS, ANCHORS, WIRES, CABLES, ELECTRONIG CONDUCTORS, CONDUITS, MANHOLES, AND OTHER STRUCTURES AND APPURTENANCES IN, OVER, UNDER, ALONG, AND ACROSS THE PRESENT AND FUTURE PUBLIC STREETS, HIGHWAYS, ALLEYS, BRIDGES, EASEMENTS, AND OTHER PUBLIC WAYS AND PLACES IN THE CITY; PRESCRIBING COMPENSATION FOR THE RIGHTS, AND CONDITIONS GO'VERNING THE OPERATIONS OF THE BU5INESS INSOFAR AS IT AFFECTS THE USE OF PUBLIC PROPERTY FOR THE PURPOSE OF SUCH BUSINESS; PRESCRIBING RULES AND REGULATIONS GENERALLY FOR THE INSTALLATIONS, UPGRADE, MAYNTENANCE, AND OPERATION OF SAID SYSTEM AND BUSINESS; CONTAINING OTHER PROVISIONS REL.ATING TO THE SUBJECT; AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBER HAJECATE. MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER LOWE MOVED TO APPROVE THE FIRST READING OF ORDINANCE T94-17, AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, FINDING THAT THE EXISTING RATES OF HOUSTON LIGHTING AND POWER COMPANY FOR ELECTRIC UTILITX SERVICES WITHIN THE CITY ARE UNREASONABLE; ESTABLISHING JUST AND REASONABLE RATES TO BE OBSERVED AND IN FORCE WITHIN THE CITY; PROVIDING FOR RATE REDUCTIONS; PROVIDING THAT THIS ORDINANCE BE SERVED ON HOUSTON LIGHTING & POWER COMPANY; PROVTDING FOR THE REIMBURSEMENT OF RATE MAKING EXPENSES; MIN117/KSS03 I 570 PRESERVING REGULATORY RIGHTS OF THE CITY; MAKING CERTAIN FINDINGS; AND PROVIDING FOR REPEAL 0� ALL ORDINANCE5 OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH. SECONDED BY COUNCTLMEMBER MANISON. MOTION WAS APPROVED 4-Q. COUNCILMEMBER MEASELES ABSTAINED. **COUNCILMEMBER HAJECATE MOVED TO APPROVE THE SECOND AND FINAL READING OF ORDINANCE T94-18, AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, ADOPTING AND ENACTZNG A NEW CODE FOR THE CITY OF FRIENDSWOOD, TEXAS, PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN: PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BE EFFECTIVE. SECONDED BY COUNCILMEMBER LOWE. MOTION WAS APPROVED UNAI3IMOt3SLY. COUNCILMEMBER MEASELES MOVED TO APPROVE THE FIRST READING OF ORDINANCE T94-19, AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATIQN, 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. SECONDED BY COUNCILMEMBER LOWE. MOTION WAS APPROVED UNANIMOUSLY. NO ACTION WAS TAKEN ON ORDINANCE T94-20, AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, FREEZING PRICES CHARGED TO CONSUMERS BY VENDORS, MERCHANT5 AND OTHER PERSONS SELLING, OR OFFERING TO SELL, EITHER RETAIL QR WHQLESALE, LEASE, QR RENT ANY GOODS QR SERVICES TO THE GENERAL PUBLIC WITHIN THE CITY LIMITS QF THE CITY OF FRIENDSWOOD, TEXAS; PROVIDING A PENALTY FOR VIOLATION; AND PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY DUE TO THE FLOODS THAT OCCURRED OCTOBER, 1994, IN THE CITY OF FRIENDSWOOD **COUNCILMEMBER LOWE MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED WITH THE EXCEPTION OF ITEMS B & C: A) PAYMENT OF CAPITAL PROJECTS; 1) 1992 STREET IMPROVEMENT PROGRAM (GALVESTON COUNTY) , 2) 1994 STREET IMPROVEMENT PR�JECT IX, 3) CLOVER ACRES QRAINAGE IMPROVEMENTS, 4) STEVENSON PARK GLULAM SHELTER, 5) NEW CITY HALL, 6) SOUTH FRIENDSWOOD WASTEWATER DIVERSIONS, 7) SOUTH FRIENDSWOOD INTERCEPTOR, D) MINUTES. SECONDED BY COUNCZLMEMBER HAJECATE. MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER LOWE MOVED FOR APPROVAL OF THE ACCEPTANCE OF THE SOUTH FRIENDSWOOD INTERCEPTOR CONTRACT #4, 12" FORCE MAIN AND LIFT STATION MODIFICATIONS. SECONDED BY COUNCILMEMBER MEASELES. MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER MANISON MOVED FOR APPROVAL OF THE EXECUTION OF A ONE-YEAR AGREEMENT WITH CLEAR I�AKE AREA ECONOMIC DEVELOPMENT FOUNDATION IN THE AMOUNT OF $7,500 FOR ECONOMIC DEVELOPMENT SERVICES TO CITY. SECONDED BY COUNCILMEMBER MEASELES. MOTION APPROVED 4-1, COUNCILMEMBER LOWE OPPOSED. MIN117/KSS03 571 **COUNCILMEMBER HAJECATE MOVED FOR APPROVAL OF THE STREET BANNER PERMIT FOR GOOD SHEPHERD EPISCOPAL CHURCH FOR NOVEMBER 8 TO 14. SECONDED BY COUNCILMEMBER LOWE. MOTION WAS APPROVED UNANIMOUSLY. MOTION WAS MADE AND APPRQVED FOR ADJQURNMENT AT 8:55 P.M. � ��� MAYOR EV YN B. , WMAN 9 ATTEST: � � DELORIS MCKENZIE, TRM CITY SECRETARY MIN117jKSSQ3 - -------.�.,�- ._..____.._.__