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HomeMy WebLinkAboutCC Minutes 1995-03-20 Regular..:........... . .. . ....... .... ' 643 .....,.... STATE OF TEXAS ) ( CITY OF FRIENDSWOOD ) ( COUNTY OF GALVESTON/HARRIS )( "� MARCH 20, 1995 MINUTES OF A I�EGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, MARCH 20, 1995, AT 6:30 P.M. AT FRIENDSWOOD CITY HALL, COUNCIL CHAMBER��, 109 WILLOWICK, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM: MAYOR EVELYN B. NEWMAN MAYOR PRO-TEM TOM MANISON COUNCILMEMBER KITTEN HAJECATE COUNCILMEMBER MEL MEASELES COUNCI:LMEMBER AI,INE DICKEY COUNCILMEMBER JANIS LOWE CITY MANAGER RON COX ASSISTANT CITY SECRETARY LINDA THORNTON MAYOFt NEWMAN CALLED THE MEETING TO ORDER. COUNCIL CONVENED INTO EXECUTIVE SESSIUN IN ACCORDANCE WITH THE TEXAS � • GOVERNMENT CODE, PURSUANT TO SECTION 551.072, DELIBERATION REGARDING REAL � PROPERTY. COUNCIL RE-CONVENED INTO OPEN SESSION AT 7: 10 WITH NO ACTION BEING TAKEN. °�-� THE INVOCATION W.AS GIVEN BY PASTOR RALPH HOBRATSCHK, HOPE LUTHERAN CHURCH. MR. GEORGE. ULBRICH LED THE PLEDGE OF ALLE�IANCE. MAY'OR NEWMAN PROCLAIMED MARCH 19 - 25, 1995 AS "POISON PREVENTION WEEK" AND LISA CAMP, C]HIEF OF EMS, RECEIVED THE PROCLAMATION. MAYOR NEWMAN I?RESENTED SPECIAL AWARDS TO FRIENDSWOOD HIGH SCHOOL'S ACADEMIC DECATHI�ON TEAM. THOSE PRESENTED WERE JAY RING, BRICE BEALE, VIRGINIA PEDI�ORD, DAVID ULBRICH, DOM ORLANDO, KYLE HERBERT, GORDY MARTIN, JOHN WILLIS, SAM JACOBS, AND CnACHES RUTH ANN KRAJEFSKA AND PEPPER SMITH. ALSO PRESENT WERE FISD SUPERINTENDENT GARY CLAY AND PRINCIPAZ OF FRIENDSWOOD HIGH SCHOOL GARY WINKLE. COUNCILMEMBER HAJECATE PRESENfi�'D THE TEAM WITH CENTENNI�L PINS. COUNCILMEMBER DICKEY REPORTED ON THE NLC MEETING IN WASHINGTON, AND MEETING WITH SENATOR KAY BAILEY HUTCHISON WHO 5UPPORTS OUR SPACE PROGRAM, AND THAT COUNCILMEMBER DICKEY WAS AMONG 50 PEOPLE WHO MET WITH SPEAKER OF THE HOUSE NEWT GINGRICH, AND ALSO MET SENI�TOR PHIL GRAMM. 4Nia�`4VC�b�N;i�.,1i:��,�;i. ��'•�� ,. , . . , ' , .. .. .. . . �. . , . . ..... ,.. 644 COUNCILMEMBER LOWE REPORTED ON THE NLC MEETING IN WASHIN(�TON AND THAT ONE OF NLC'S GOALS FOR 1995 IS TO ADDRESS UNFUNDED MANDATES AND THAT SHE MET WITH SENATOR KAY BAILEY HUTCHISON, AND THAT COUNCILME�IBER LOWE WAS ASKED TO SERVE ON THE "PUBLIC SAFETY AND CRIME PREVENTION COMMfITTEE, AND WAS ALSO ASKED TO CHAIR A SUB—COMMTTTEE AS IT WOULD RELATE TO FIRE SAFETY & AISASTER MANAGEMENT. COUNCILMEMBER MANISON REPORTED ON ATTENDING THE ECONOMIC DEVELOPMENT COMMITTEE MEETING, ATTENDED THE CLAEDF MEETING, HARRIS COUNCIL MAYOR & COUNCIL MEETING AND ALSO ATTENDED THE FRIENDSWOOD CHAMBEI2 OF COMMERCE MEETING AND PRAYER BREAKFAST LAST SATURDAY. COUNCILMEMBER MEASELES CONGRATULATED THE DECATHLON TEAM AND REPORTED `�� THAT THE CURBS ON F.M. 2351 NEED RF:FLF'CTIVE PAINT. COUNCILMEMBER HAJECATE THANKEI� EVERYONE FOR THE SUPPOR'P SHOWN DOUG SCHULTE. MR. HOWARD YEAGER APPEARED BEFORE COUNCIL TO STATE HIS OPPOSITION TO EXCEEDTNG THE BUDGET FOR THE PURCHA:3E OF FURNITURE FOR THE ;NEW CITY HALL. MR. YEAGER ALSO STATED HIS OPOSITION TO THE PROPOSAL FOR THE ACQUISITION OF A LADDER TRUCK FOR THE FRIENDSWOOD VO]�UNTEER FIRE DEPARTMENT. N�ISS PAIGE LEVTT ADDRESSED COUNCIL TO SPEAK IN OPPOSITION TO THE JUVENILE CURFEW QRDINANCE. MR. NEAL SMITH, TOURING TENNIS PRO FOR WINDSOR RACQUET CLU13, THANKED THE COMMUNITY FOR THE SUPPORT OF THr TENNIS TOURNAMENT WITH B�JORN BORG WITH THE $ENEFITS GOING TOWARDS THE DOUG SCHULTE FUNDRAISING EFFORT:i. MR. HERBERT SCHULTE THANKED THE COMMUNITY FOR THEIR CONCERNS AND SUPPORT � ' OF HIS SON DOUG SCHULTE WHO IS SUFFERING FROM APLASTIC ANEMIA. GALVESTON COUNTY COI�II�IISSIONER T'sD STUART APPEARED BEFORE COUNCTL AND ADDRESSED THE JUVENILE CURFEW, CLEAR CREEK WATERSHED UPDATE, REDISTRICTING PLAN, AND SPOKE IN OPPOSITION OF THE PURCHASE OF THE NEW CITY HALL FURNITURE WITH THE RECYCLING FUND5 WHICH HE STA'PED SHOULD GO BACK TO THE HOMEOWNERS. "` ' **COUNCILMEMBER MEASELES MOVED FOR APPROVAL OF ORDINANCE T9.5-7, FIRST AND FINAL READING OF AN ORDTNANCE OF T.HE CITY OF FRIENDSWOOD, TEX138, AUTHORIZING ISSUANCE OF CTTY OF FRIENDSWOOD COMBINATION TAX AND REVENUE C;ERTIFICATES OF E OBLIGAITON, SERIES 1995. , SECONDED BY COUNCILMEMBER MANISON. THE MOTION PASS]?D 4-2, WITH � COUNCILMEMBER LOWE AND DICKEY OPPOSED. i MAYOR NEWMAN CALLED FOR A TEN MINUTE BREAK AT THIS TIME. ` MAYOR NEWMAN CALLED THE MEETING BACK TO ORDER. � ( I CITY MANAGER COX REPORTED ON THE PRT'LIMINARY DESIGN PLANS FC)R IMPROVEMENTS ; TO BAY AREA BOULEVARD AND THAT TXDOT HAS SENT THESE P�ANS FOR STAFF � REVIEW. AT THIS TIME, TXDOT IS PARTICULARLY INTERESTED IN ANY UTILITY LINE RELOCATIONS THAT MTGHT BE ANTrCIPATED AND NEEDED FOR TFiE CONSTRUCTION AND DOUG KNEUPPER, COMMUNITY D�VELOPMENT DIRECTOR, HAS l3EEN ASKED TO ......� 645 RESPOND ON BEHALF OF THE CITY. THE PLANS WILL BE AVAILABLE TO THE STAFF AFTER DOUG KNEU]?PER MAKES HIS INITIAL REVIEW. MR. COX ALSO REPORTED ON THE GALVESTON COUNTY TRANSIT. FEASIBILITY STUDY AND THAT DAVID HOOVER, CITY PLANNER, ATTENDED THE MEETING HELD FOR THAT WORK AND DOUG HAS PREPARED A SUMMARY MEMO FOR COUNCIL'S REVIEW AND WILL BE AVAILABLE IN THE COUNCIL'S ' READING �'ILE. CTTY MANAGER COX PRESENT.ED PLANS ON FM 528 AT THE GULF FREEWAY OVERPASS AND THAT THESE PLANS , ACCORDING TO TXDOT'S CONSTRUCTION DRAWING, ARE TO RECONFIGURE THE OVERPASS SO F.M. 528 CAN ACHIEVE TWO LANES OF THROUGH TRAFFIC, IN EACH DIRECTION, INSTEAD OF THE EXISTING AND PREVIOUS " { � ONE LANE OF THRc�UGH TRAFFI.C. CITY MANA(�ER COX ALSO STATED THAT PARKS AND RECREATION DIREC:TION JON BRANSON HAS PREPARED A REPORT ON THE ACTIVITIES AT RENWICK. COUNCILMEMBER HI�JECATE COMMENTED ON APPRECIATION OF THE UTILIZATION OF THE PARKS CREW AND THANKED CITY MANAGER COX AND PARKS AND RECREATION DIRECTOR JON BRAIVSON ON THE DIRECTION OF 7'HE PARKS DEPARTMENT. COUNCILMEMBER MEASELES COMMENTED ON TFiE FM 528 GULF FREEWAY OVERPASS AND STATED THAT THE BICYCLE ADVISORY CON�JITTEE HAD AN OPPORTUNITY TO LOOK AT THE PLANS AND WkiAT TXDOT IS DOING IS STOPPING THE BICYCLE LANES ABOUT 300 YARDS BEFORE THE OVERPASS AND DUMPING ALL THE BICYCLE TRAFFIC INTO THE MAIN STREAM AND SAID THAT THIS COULD BE VERY DANGEROU5 AND IS CONCERNED, WITH CITY MANAGER COX STATING THAT HE WILL BE GLAD TO EXPRESS THIS CONCERN TO TXDOT. COUNCILMEMBER LOWE COMMENTED ON CITY MANAGERS ANNOUNCEMENT OF SECTION 42 AS IT WOULD RELATE TO SENATE BILL 373 REGARDING PUBLIC UTILITIES COMMISSION. SH� PLANS TO GO TO AUSTIN AND ADDRESS THIS ISSUE AND SUGGESTED THAT IT WOULD ESE HELPFUL TO CREATE AN AMENDMENT BEFORE THIS REACHES THE FLOOR, AND ASKED PARKS AND RECREATION DIRECTOR JON BRANSON FOR A REPORT RELATING TO THE IN—HOUSE COST VERSUS TO GOING TO OUTSIDE BIDS FOR BUILDING REPAIR TO RENWICK PARK. DIRECTOR BRANSON SAID THAT HE WOULD GET THIS INFORMATION FOR �iER. � **CQUNCILMEMBER HAJECATE MOVED FOR APPROVAL REGARDING RECOMMENDATION FROM PLANNING AriD ZONING COMMISSION FOR IRISH GREEN II, LOT G-2 COMMERCIAL ',, SITE PLAN. SECONDED BY COC)NCILMEMBER MEASELES. �CHE MOTION WAS APPOVED 5-1, WITH COUNCILMEMBER LO�TE OPPOSED. **COUNCILMEMBER HAJECATE MOVED FOR APPROVAL FOR Ai1THORIZATION TO ADVERTISE FOR BIDS FOR NEW CITY HAI�L FURN=CTURE. � SECONDED BY COUNCILMEMBER MEASELES. THE MOTION PA35ED 4-2, WITfi COUNCILMEMBERS DTCKEY AND LOWE OPPOSED. **COUNCILMEMBER HAJECATE MOVED FOR APPROVAL OF PRELIMINARY PLANS AND II'� SPECIFICATIONS ]3Y HIDELI, ARCHITECTS FOR BIDDING FOR RENOVATION OF THE ACTIVITIES BUILDING. SECONDED BY COUNCILMEMBER MEASELES. THE MOTION PASSED 5-1, WITH GOUNCILMEMBER DI�CKEY OPPOSED. **COUNCILMEMBER LOWE MOVED FOR APPROVAL OF RESOLUTION R95-1, A RESOLUTION OF THE CITY OF FRIENDSWOOD, TEXAS, EXTENDING THE TIME PERIOD . 646 FOR THE CITY'S REVIEW OF FCC FQRM 1205 EQUIPMENT RATE DOCUMENZ'ATION FILED BY TCI TKR OF HOUSTON, INC. , ON OR ABOUT MARCH 2, 1995; AND SETTING FORTH OTHER PROVISIONS RELATED THERETO. SECONDED BY COUNCILMEMBERDICKEY. THE MOTION WAS APPROVED UNANI:MOUSLY. **COUNCILMEMBER LOWE MOVED FOR APPkZOVAL OF ORDINANCE T95-5, SECOND AND FINAL READING OF' AN ORDINANCE ESTABI�ISHING A CURFEW FOR PERSONS UNDER THE AGE OF 17 YEARS, BETWEEN THE HOURS t�F 12:O 1 A.M. AND 5 A.M. ON ANY DAY OF THE WEEK, AND BETWEEN THE HOURS OF 9 A.M. AND 2:30 P.M. FOR SCHOOL-AGED CHILDREN ON SCHOOL DAYS; PROVIDING IT IS UNLAWFUL FOR ANY PERSON SUBJECT TO A CURFEW HEREUNDER TO REMAIN IN ANY PUBLIC PLACE OR ON THE PREMISES OF ANY ESTABLISHMENT WITHIN THE CITY DURING CURFEW HOURS; PROVIDING IT IS UNLAWFUL , , FOR ANY PERSON OWNING, OPERATING, OR IN THE EMPLOYMENT OF AN'�.' E5TABLISHMENT IN THE CITY TO KNOWINGLY ALLOW A PERSON SUBJECT TO THE CURFEW HEREUNDER TO REMAIN ON THE PREMISES OF SUCH ESTABLISHMENT DURING CURFEW HGURS; PROVIDING DEFENSES TO PROSECUTION FOR VIOLAT.IONS HEREUNDER; PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $500.00 FOR F3ACH DAY OF VIOLATION OF ANY PROVISION HEREOF; MAKING CERTAIN FINDINGS; REPEALING ALL ORDINAN'CES OR PARTS OF ORDINANCES INCONSISTENT OR IN C�NFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBER DICKEY. ***COUNCILMEMBER HAJECATE MOVED FOR AMENDMENT TO THE ORDINANCE TO INCLUDE THE SUNSET CLAUSE TO PROVIDE FOR REVIEW IN SIX MC)NTHS FROM THE EFFECTIVE DATE WITH A 60 DAY GRACE PE]RIOD TO EDUCATE THE PUBLI(:. SECONDED BY COUNCILMEMBER MEASEI�ES. 1KOTION PASSED UNANIMOUSLY�, ****MAIN MOTION WITH AMENDMENT PASSED UNANIMOUSLY. **COUNCILMEMBER HAJEGATE MOVED FOR APPROVAL OF ORDINANCE T95-6, SECOND AND FINAL READING OR AN ORDINANCE OF THE CITY OF FRIEN}�SWOOD, TEXAS, GRANTING TO TCI TKR OR 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 ANTENNA TELEVISION SYSTEM IN THE CITY OF FRIENDSWOOD, TEXAS; TO ERECT, MAINTAIN, AND OPERATE ITS POLES, TOWERS, ANCHORS, WIRES, CABLES, ELECTRONIC � CONDUCTORS, CONDUITS, MANHOLES, AND OTHER STRUCTURES AND API�URTENANCES IN, , OVER, UNDER, ALONG, AND ACROSS THE PRESENT AND FUTURE P�JBLIC STREETS, �._ ._ , HIGHWAYS, ALLEYS, BRIDGES, EASEMENTS, AND OTHER PUBLIC WAYS AND PLACES IN THE CITY; PRESCRIBING COMPENSATION FC)R THE RIGHTS, PRIVILEGES,, AND FRANCHISE ` CnNFERRED HEREUNDER; PRESCRIBING THE CONDITIONS GOVERNING THE OPERATION OF ? THE BUSINESS INSOFAR AS IT AFFECTS THE USE OF PUBLZC PROPERTY AND PURPOSE OF SUCH BUSINESS; PRESCRIBING RULES AND REGULATIONS GENERAI,LY FOR THE ? INSTALLATION, UPGRADE, MAINTENANCE, AND OPERATION OF SA]:D SYSTEM AND � BUSZNESS; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT� AND PROVIDING ' FOR SEVERABILITY. " SECONDED BY COUNCILMEMBER LOWE. THE MOTION PASSED UNANIMOUSLY. � **COUNCILMEMBER DICKEY MOVED FOR APPROVAL OF THE CONSE;NT AGENDA AS � ' PRESENTED: A) PAYMENT OF CAPITAL PROJECTS.; 1. 1992 STREET IMPROVEMENT PROGRAM (GALVESTON COUNTY) WITH PAYMENT IN THE AMOUNT OF 43,335.93 TO GULF COAST LIMESTONE, INC. FOR 351 TONS OF LIMESTONE USED IN F'EBRUARY, 1995, DURING THE SECOND PHASE OF CONSTRUCTION ON MELODY; 2. �TEVENSON PARK IMPROVEMENTS WITH SIXTH PAYMENT IN THE AMOUNT OF $2,117.43 TO RANDALL-PORTERFZELD ARCHITECTS, INC. FOR PROFESSTONAL ARCI3ITECTURAL AND W_...� ° i 647 ENGINEERING SERVICES AND REIMBURSABLE EXPENSES ON THE FINAL PHASE OF STEVENSON PARK :CMPROVEMENTS DURING THE MONTH OF FEBRUARY 1995. PAYNIENT INCLUDES $750.00 FOR ARCHITECTURAL SERVICES AND $1,367.43 FOR REIMBURSABLE EXPENSES. THE SCHEMATIC DESIGN, DESIGN DEVELOPMENT, CONSTRUCTION DOCUMENTS ANp BIDDING OR NEGOTIATIQN PHASES ARE 100 PERCENT COMPLETE. THE ACTUAL CONSTRUCTION SHUULD START THIS WEEK; 3. ELEVATED WATER STORAGE TANK MODIFICATIONS WI�H FIFTH PAYMENT IN THE AMOUNT OF $983.45 TO WAYNE SMITH AND ASSQCIATES FOR DESIGN ENGINEERING SERVICES FOR MODIFYING, REPAIRING AND RECOATING THE ELEVATED WATER STORAGE TANK AT WATER WELL NUMBER FIVE DURING ' �`' FEBRUARY 1995. THE DESIGN PHASE IS 100 PERCENT COMPLETE. BIDDING AND CONSTRUCTION PHASE IS 61 PERCENT COMPLE`.PE; 4. SOUTH FRIENDSWOODWASTEWATER � DIVERSTONS WITH SIXTH PAYMENT TN THE AMOUNT OF $11,485.50 TO WAYNE SMITH & ASSOCIATES FOR DESIGN . ENGINEERTNG bN SOUTH FRIENDSWOOD WASTEWATER DIVER�ION PROJECT DURING FEBRUARY 1995. D�SIGN ENGINEERING IS 80 PERCENT COMPLETE AND CONSULTING SERVICES ARE 51 PERCENT COMPLETE. TOTAL CONSENT AGENDA PAYMENTS ARE $17,942.31; $12,46$.95 BORROWED FROM . THE GENERAL FUND UNTIL RECEIPT OF 1995 CERTIFICATES OF OBLIGATION PROCEEDS; B) APPOINTMENTS TO ECONOMIC DEVI�LOPM�NT COUNCIL OF MR. JOHN PEW, MR. TONY BANFIELD, AND MR. ERROL ROLLI�N, AND THE POSITION (�F PRESIDENT OF THE FRIENDSWOOD CHAMBER OF COMMI:.RCE SE DESIGNATED AS AN EX OFFICIO POSITION; C) APPROVE BYLAWS OF FRIEI�DSWOOD COUNSELING SERVICE5 ADVISORY BOARD L D) AUTHORIZE COUNCILMEMBER LOWE TO SERVE ON NATI01.1AL LEAGUE OF CITIES 1995 PUBLIC SAFETY & CRIME FREVENTION STEERING COMMI`.PTEE ; E) PROPERTY TAX ADJUSTMENTS F'OR FEBRUARY 199�i. MOTION WAS SECONI)ED BY COUNCILMEMBER HAJECATE. ****THE MAIN MOTION AS AMENDED PASSED UNANIMOUSLY. MOTION WAS MADE AND APPROVED TO ADJOURN AT 9:30 P.M. MAYOR ELYN B NEWMAN ATTEST: i . �i�.I'Yl LINDA THORNTON ASSISTANT CITY SFCRETARY - �.._,� � �