HomeMy WebLinkAboutCC Minutes 1996-05-20 Regular 895
S.'�ATE OF TEXAS ) � ' '
� CITY OF FRIENDSWOOD ) (
COUNTIES OF GALVESTON/HARRIS ) ( •
MAY 20, 1996 ) (
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUN�IL �HAT WAS HELD
ON riONDAY, MAY 20, 1996 AT 6:00 P.M. AT FRIENDSWOOD CI'1'Y HALL, 910 S.
FR�ENDSWOOD DR:IVE, FRIENDSWOOD, TEXAS, 4VITH THE FOLLOWING PRESENT
CONSTITUTING A QUORUM:
"�. 4� MI�YOR EVELYN B. NEWM�N
MAYOR FI20 TEM JANIS LOWE
COUNCILMEMBER KITTEN HAJECATE
COUNCILMEMBEI2 JERRY ERICSSON
COUNCILMEMBER TOM MANISON
COUNCILMEMBER MEL AUSTIN
COUNCILMEMBER ALINE DICKEY
CITY ATTORNEY TODD STEWART
CITY MANAGER RON COX
CITY SECRETARY DELORIS MCKENZIE
MAYOR NEWMAI� CAL:LED THE MEETING TO ORDER
COUNCIL CONVENED INTO EXECUTIVE SESSION IN ACCORDANCE WITH THE `�`EXAS LOCAL
GOVERNMENT CODE, PURSUANT TO SECTION 551.074 - PERSONNEL MATTEI2S - PLANNING
AND ZONING COMMISSION.
COUNCIL RE-CONVENED IN OPEN SESSION AT 6:40 P.M. WITH PLANNING AND ZONING
MEMBERS MARK CLARK, GLEN CRESS, TOM BttRKE AND BILL FINGER IN ATTENDANCE.
MAYOR NEWMAN ASKED COUNCILMEMBER AUSTIN TO COMMENT ON THE DISCUSSION
REGARAING THE PLANNING AND ZONING COMMISSION.
COUNCILMEMBER AUSTIN STATED THAT IN THE LAST JOINT SESSZOPI WITH PLANNING AND ,
,r.,,�, ZONING AND COUNGIL, THERE WAS, IN HIS OPINION, SOME INAPPROPRIATE BEHAVIOR
DISPLAYED BY MEMBERS OF PLANNTNG AND ZONING AND STATED HIS PUKPOSE OF HAVING
� THIS BROUGHT BE;FORE COUNCIL IS TO DISCUSS WHAT IS APPROPRIATE ANA NOT
APPROPRIATE AND INDEED THERE ARE SOME MEMBERS OF PLANNING AND ZONING THAT
�EEM TO BE OUT OF TOUCH WITH �HE COUNCIL'S WISHES AND DESIRES. TO WI�NESS,
THERE ARE THREE DTFFERENT TIMES WHEN WE ASKEI7 THEM TO PERFORM A SPECIFIC
TASK AND THAT TASK WAS NOT FORTHWITH CONSING TO COUNCIL AND INDEED THERE IS
AN EXAMPLE ON THE AGENDA TONIGH� EVEN AIdD SO WITH THAT IN MIND I NOTIFIED
THE MAYOR PARTICULARLY WHEN WE WERE DISCUS5ING TOPICS THAT WERE NOT ON THE
AGENDA AND CERT;AIN PLANNING PLANNIN� AND ZONING MEMBERS WERE ALLOWED TO
DISCREDTT THE COUNCIL AND WERE ALSO ALLOWED TO DEMEAN COUNCIL WTTHOUT ANY
RETRIBUTION OR WITHOUT BEING STOPPED BY THE MAYOR AND I FELT THAT WAS
INAPPRQPRIATE ANiJ I ATTEMPTED TO CALL A POINT OF ORDER TO STOP THAT KIND OF
ACTIVI`.L'Y I�ND EVENTUALLY IT WAS BUT ONL1' 11E'TER THEY WERE ALLQWED TO CONTINUE '
TO SPEAK.
COUNCIZ,MEMBER HA,7ECATE S�'ATED SINCE SHE MISSED THE MEETING, SHE LISTEN�D TO
THE TAPE OF THE MEETING AND AFTER LISTENING TO THE COMMENTS ON THE TAPE, SHE
STATED SHE HAS A QEJESTION AS TO WHO WAS "QUT OF ORDER" AND EXPRESSED SHE
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SHARED SOME OF THE SAME C�NCERNS AS COUNCILMEMBER AUSTIN REGARDING DECORUM
AT A MEETING.
COUNCILMEMBER DICKEY STATED SHE WAS IN AGREEMENT WITH WHAT HAPPENED AT THE
MEETING, SHE 5TATED �INDERSTANDS HAVING TO LIVE WITH ORDINANCES �ET WHEN
COUNCIL WANTS TO CHANGE ORDINANCES, THEN PLANNING AND ZONING GOES AGATNST'
WHAT GOUNCIL WANTS TO D0, "HOLIER THAN THOU" ATTITUDES, GOUNCIL HAS NO POWER
OVER SUBDIVISION PLATS AND MULTIFAMILY PROJECTS, AND STATED SE-iE WAS APPALLED
HOW THE MEETING WAS OUT OF ORDER WITH PLANNING AND ZONING COMMENTS OUT OF
ORDE12. ,
COUNCILMEMBER LOWE STATED IT IS CONFUSING TO THE PEOPLE ATTENDING A PUBLIC '
HEARING TO SEE CONFiTSION REIGN WHE2J THEY SEE FOURTEEN PEOPLE CONTROLLING
PEOPLE DYNAMICS. THItEE COMMISSIONERS MA17E STATEMENTS 7'HAT WERE NOT
APPROPR:IATE AND STATED SHE ACCEPT�D RESPONSIBILITY FOR NOT RE�GISTERING THAT
STATEMENTS MADE WER� INAPPROPRIATE AND STATED SHE WOULD SPEAK UP SOONER WHEN
COMMENTS ARE INAPPROPR�ATE. COUNCILMEMBER LOWE STATF'sD THE THREE
COMMISSIONERS THAT MADE INAPPROPRIATE STATEMENTS WERE BENNY BAKER, MICHAEL
WHITTENBURG, 11ND GLEN CRESS. COUNCIZMEMBER LOWE STATED FOR 7CHE RECORD, ONE
COUNCILMEMBER PUT INTO WRITING HIS CONCERNS REGARDING THE: JOINT PUBLIC
HEARING WITH PLANNING AND ZONING AND REQUESTED AN EXECUTIVE SESSION TO
DISCLTSS THE MATTER WITH FIVE MEM$E12r OF PLANNING AND ZONING REQUESTING TF-TE
DISCUSSION BE HELD IN PUBLIC.
MAYOR NEWMAN STATED AS CHAIR, IT IS HER RESRONSTBILITY TO KEEP ORDER HUZ' SHE
DID NOT HEAR THE STATEMENTS UNTIL CO[tNCIT,MEMBER AUSTIN BROU�HT THE MATTER TO
EVERYONE'S ATTENTION AND THAT SHE TRIES TO RECOGNIZE EVERYONE: THAT WANTS TO
SFEAK AND ASKED THAT COUNCIL OR CITIZENS NOT INTERRUPT SPEAKERS THAT HAVE
BEEN RECOGNTZED.
THE EXECUTIVE SESSION PIAS CLOSED AT 6:52 P.M.
A B12IEF RECESS WAS HELD AT THIS TI�iE.
MAYOR NEWMIIN CALLED THE MEETING TO ORDER.
THE INVOCATION WAS GIVEN BY FRED GUILFQYLE REPRESENTING THE CHURCH OF THE
GOOD SHEPHERD. �- �
MAYOR NEWMAN LEI3 THE PLEDGE QF ALLEGIANCE.
A PUBLIC HEARING WAS HELD TO RECEIVE COMMENTS EITHER OIZAL OR WRITTEN
REGARDING TH� FOLLOWING:
1.. TCI CABLEVISION'S FCC FORM 1205 FILING: MAXIMUM �'ERMITTED RATES
FOR EQUIPMENT AND INSTALLATION CHARGES AND MAXIMUM PERMITT�D 1.2ATE FOR INSID�
WIRE MAINTENANCE PROGRAM.
2. TCI CABLEVISION'S FCC FORM 1240 FILING: MAXIMUM PERMITTED PER
SUBSCRZf3ER PER MONTH BASIC CABLE SERVICE RATES ALLOW�D TO BE CHARGED BY
TCI CABLE`7TSZON.
MR. FRANK VT.EBB STATED HE OBJECTS TO RAISING RATES.
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MR. B. M. DEMONA3TIS �TATED HE BELIEVES THE f2ATE STR[TCTURE IS 15ECEITFU�.
CITY MANAGER RON COX PROVIDED A BRIEF REI�ORT STATING TI-lAT FCC REGULATES
CABL'EVISION AND PR(7VIDES FOR PUBLIC HEARINGS BEFORE ADOPTING CAgLE RATES.
THE RATES PRESENTED FRO THE PUBLIC HEARING I-�ND FOR THE ORI7zNI�,NCE SETTING THE
I:ATES ARE RECOMMENDED B`1' COI3NIE CANNADY, THE RATE CONSULTANT WITH
REED—STUWE, INC. AND BY THE P+IEMBEftSHIP OF THE CLEAR LAKE ARF,A.
TELECOMMi7NICATI0N5 COALITION, CONSISTING OF REPRESENTATIVES OF THE CITIES OF
ALVIN, EL LA.GO, FRIENDSWOOD, LEAGUE CITY, LA MARQUE, NASSAU BAY, SEABROOK,
AND TEXA5 CITY WHICH ARE ALL THE CITIES TN THE TCI BAY AREA THAT HAVE CHOSEN
TO FtEGUT�TE. CABLE RATEB. MR. COX STATEI3 THE CITY AND US�R CAN APPEAL RAZ'E
STRUCTURES TO TH�, F.C.C.
MS. JILL. MACK WI:TH TCI CABLE STATED THEY FOLLOW THE FOE2MULAS AS PROVIDED BY
F.C.C. MS. MACIC STATED IF THE ORDINANCE PASSES, THEN TCI WILL LOWER RATES
AND THEN WILL APPEAL RATES TO F.C.C. MS. MA�K STATED TCI HAS BEEN WORKING
WITH THE CITIES AND THE CONSUZ,�ANT ON THE RATE SCHEDULES AND WANTS TO
�ONTINUE A GOOD WORK�NG RELATIONSHIP BUT THAT ALL PARTIES HAVE TO WORK
WITHIN THE �AR�Ml3TERS OF THE LAW.
MAYOR NEWMAN FRc�CLAIMED MAY 19 TO MAY 25, 1996 AS "NATIONAL PUBLIC WORKS
WEEK" AND PRESENTED THE PROCLAMA.TION TO MELVIN MEINECKE, DIRECTOR OF PUBL�IC
WORKS, DOMINGO RUBIO, STREET �UPERVISOR, FRANK MORRIS, UTII,�TY SUPERVISOR,
AND KAZ HAMIDIAN UTILITIES SUPERINTENDENT. MAYOR NEWMAN ALSO PROCI,AIMED MAY
19 TO MAY 25, 1996 AS "EMERGENCY MEDICAL SERVICES WEEK AND ON HAND TO
RECEIVE THIS PROCLAMATION WERE KEN AND LE7'HA CAMP AND CISSY MATHEWS.
MAYOR NEWMAN RECOGNTZED COUNCILMEMBER DICKEY AS THE OLDEST RANKING
COUNCTLMEMBER TFIAT HAS NOT SERVED AS MAYOR PRO TEM, BE APPOINTED MAYOR
PRO TEM.
**COUNCILMEMBER DICKEY MOVED TO APPROVE COUNCILMEMBER JANIS LOWE
REMATN AS MAYOR PRO TEM DUE TO TIME CONSTRAINTS BY COUNCIL,MEMBER
DICKEY THAT DO PdOT AZLOW COUNCILMEMBER DICKEY TO SERVE AS MAYOR PRO TEM AT
THIS TIME.
- SECONDED BY COUNCILMEMBER AUSTIN. THE MOTTON PASSED UNANIMOUSLY.
MR. DAN MORGAN, CHAIRMAN OF THE FOURTH UF JULY STEERING �OMMITTEE REPORTED
� ON THE FESTIVITIES PLANNED FOR THE 1996 L'OURTH OF JULY WITH 'PHE THEME TO BE
"TEXAS 52YLE FOURTH OF JULY, CELEBRATING STATEHOOD AND RECOGNIZED COUNCIL
LIA'ISON COUNCILMEMBER KITTEN HAJECATE ANI7 .STAFF STJPPORT JON BRANSON FOR
THEIR CONTRIBUTIONS TO THE FOURTH OF JUL'Y STEERING COMMTTTEE.
MR. FRANK WFBB THANKED EVERYONE FOR THEIR CALLS AND FOR CARING AFTER HIS
BACK SURGERY AN17 THANKED THE EMS VOLUNTEERS FOR THEIR DEDICATION TO THE
CITY AND TO SAVII�G LIVES.
MR. RON RITTE;R, REPRESENTING CITIZENS IN THE WEDGEWOOD VILLAGE
SUBDIVISION AREA, SPOKE ON AGENDA ITEM 12A — CHANGE THE ZONING ORDINANCE FOR '
THE DEN5ITY OF MULTIFAMILY RESIDENTIAL (MFR—H) FROM 18 UNITS PER ACRE TO
12 UNITS PER ACRE b1ND URGED COUNCIL TO CONSIDER CHANGING TO A LOW OF 6
UNITS PER ACRE AND A HIGH OF 9 UNITS PER ACRE AND URGED COUNCIL TO OVERRIDE
PLANNING AND ZONING'S RECOMMENDATION ON AGENDA ITEM 14B, THE ORDINANGE UN
HEIGHT RESTRICTIC7N5.
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MS. BETTY BOWERMAN APPEARED BE]?ORE COUNCIL TO ASK THE S�ATUS ON THE
PROGRESS OF THE SCHOOL ZONE AT BROUKSIDE INTERMEDIATE AND Z'HE SPEED LIMIT
ON DAVID GLEN WzTH MAXOR NEWMAN ADVISING THE CITY MANAGER WILL REPORT ON
THESE TWO ISSUES IN HIS REPORT LATER ON THE AGENDA.
GALVESTON COUNTY COMMI$SIONER ED STUART APPEARED BEFORE COUIdCIL TO PRESENT
AN ORIGINAL RESOLUTION SUPPORTING THE CITY'S EFFORTS R]EGARDING EXXON
PIPELINE WITH THE RESOLUTTON TO BE F�RWARDED TO THE RAILRC)AD COMMISSION.
COMMTSSIONER STIIART ANNOUNCED THE CORPS OF ENGINEERS WILL BF GQING OUT FOR
BIDS ON FRIDAY, TO BE OPENED ON JUNE 25, FOR THE SECOND OUTLET FOR THE CLEAR
T,AKF' PROJECT.
CITY MANAGER COX REPORTED ON THE KEY RATE �V.ALUATION AND THE ZOCAL EMERGENCY
PREPAREDNESS COMNlITTEE (LEPC) AND THAT THE TEXAS FIRE COMMISSION HAS - �
AGREED TO INSPECT THE BUILDINGS TN TI-IE �ITY ON MAY 23-24 AND ESTABLISH A KEY
RATE. MR. COX ALSO REPORTED ON SPEED HUMPS, AIID THAT THE POTENTIAL
LIABILZTY OF THE CITIES FROM S�(TITS ARISING F'ROM ACCIDENTS MAY BE MORE
LIMITED BECAUSE THE TEXAS LEGISLATURE AMENDED THE TORT CLAIMS ACT TO EXTEND
CITIES ADDITIONAL PROTECTTON AND ALSO STATED THAT CHIEF STOUT WOULD BE
SUBMITTING AN INTERIM REPORT. THE INITIAL ESTIMATES AS TO THE COST OF THE'SE
HUMPS MAY BE $1,500 EACH AND THAT T�iE ISSUE NOW IS TO DEVELOk' A POLICY THAT
WOULD BE A GUIDE IN DETEFMINING WHEN THESE HtJMPS ARE SUITABZ,E AND WHO WILL
COVER THE COST. CITY MANAGER COX ALSO REPORTED ON THE EM `.�28 SCHOOL ZONE
THAT CHIEF STOUT WOULA ALSO BE MAKING A REPORT AND THAT 'I'HE POLICE WILL
CONTINUE TO DO EXTRA PATROL DURTNG SCHOOL ZONE HOURS AND WFtITE TICKETS TO
SPEED VIOLATORS. MR. COX ALSO STRTED THAT TXDOT TNTENDS TO INSTALL THE
FLASHING SIGNAL LIGHTS THIS SUMMER AND THAT TXDO� IS ALSQ REVIEWING THE
PRESENT SPEED LIMIT OF 35 MPH TO SEE IF IT CAN OR NEEDS TO BF LOWERED. THE
LAST ITEM MR. COX REPORTED ON WAS TFiE BAY AREA BOULEVARD MEDIANS AA]D STA�.'ED
TFiAT HE HAS CONTACTED JOHN PINKSTON AT THE LA MARQUE TXDOT O:E'FICE ABOUT THE
USE OF LOW MAINTENANCE �ROUND COVER FOR THE RAISED MEDIANS AND THAT MR.
PINKSTON REPORTS THAT, IN ORDER TO MEET THE SEPTEMBER DATE FOR LETTING OF
THE CONTRAC�, WE CANNOT MAKE CHANGES TO THE. SPECS AT THIS TIME BUT THAT ONCE
THE CONTRACT IS AWARDED, A CHANGE OR17ER COUT,D POSSISLY OCCUR, SPECIFYING THE
TYPE OF GROUND COVER TO BE USED.
COUNCTLMEMBER LOWE STATED SHE THOUGfTT THE CITY WAS GOING TO PUT A CROSSING
GUARD AT BROOKSIDE INTERMEDIATE AND :CF IT TAKES EXTRA FUNDS. . .SO BE IT, IF A `�-�
BUDGETARY PROBLEM CAN USE CONTINGENCY FUNDS.
CHIEF STOUT STATED HE DID NUT THINK CROSSING GUARDS ARE THE BEST ANSWER.
f�IAYOR �3EWMAN ASKED THE CITY TO CHFCK WITH LEAGiJE CITY REGARDING SIGNAGE USED
AT THE SCHOOL QN FM 528.
COUNCILMEMBER DICKEY ASKED IF TTiE CITY REQUESTED COPIES C)F CONSTf�UETION
PLANS ON 'PHE STATE HIGHWAY PROJECT WITH THE CTTY MANAGER ADVISING YES, THE
CITY DOES RECEIVE AND REVIEW THE PLANS.
COUNCILMEMBER HAJECATE ASKED IF THF;RE IS ANY COOPERATION :EROM THE CLEAR
CREEK INDEPENDENT SCHOOL DISTRICT REGARDING CROSSING GUARDS I�ND CROSS WALKS
AND' REQUESTED THE CITY SEND 1a LETTER TO THE BOARD.
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COUNCILMEMBER LOWE STA�ED SHE APPRECIATED THE INFORMATION ON THE SPEED HUMPS
AND WOULD APPRE(:IATE MOVING FORWARD WITH A WORKSHOP. COUNCZLMEMBER LOWE
REQUESTED A MEETING BE SET UP WITH TXIaOT AND SOME MEMBERS QF THE COMMUNITY
APPEAKANCE BOARD, PARKS BOARD AND STAFF f2EGARDING THE BAY �1REA BLVD. MEDIAN
PRIOR TO THE BID LETTING.
COUNCTL MEMBER HAJECATE STATED SHE AGREEU WTTH CCUNCI�,NIEMBER LOWE TO SET UP
T:iIS MEETING ON BAY AREA BLVD. MEDIAN AND IS CONFIDENT TXDOT WILL WORK WI`i'H
THE CITY AND DOES NOT WANT THE CONTRACT STOPPED.
' CITY MANAGER COX PRESENTED AN UPDATE ON QUAIL CROSSING APARTMENT PROJEC�
STATING THERE HAS BEEN NO CITY ACTIVITY ON THIS PROJECT SINCE THE PUBLIC
HEARING WAS HELD WITH THE PLANNING AND ZQNNING COMMISSION APPROVING THE
PRELIMINARY PLAT BUT NO PERMITS HAVE BEEN ISSUED AND THE DEVEI�OPER
L'NDERSTANDS HE DOES NOT HAVE Z'HE PERMIT TQ BUILD.
COUNCI_T,MEMBER LOWE QUESTIONED THE PRE—APPLTCATION PROCESS, THE EXISTING
PULICY ON EXTENSIONS AND ASKED HOW I)EVELOPEF2S ARE NOTIFIED OF THEIR
L��.ADLINE, QUESTIONED THE PROJECT BEING ON Tf3E TABLE FOR A YEAR, QUESTIONED
STAFF REPRESENTING THE DEVELOPER ON THE PRELIMINARY PLAT PROCESS.
CITY MANAGER COX ADVISED THE CITY ATTORNEY HAD REVIEWED Z'HE PROCESS AND SATD
THE CITY ACTED LF.GALLY.
COUNCILMEMBER AUSTIN ASKED IF THE DEVELOPER MET WITH PLANNING AND ZONING ON
THE PRELIMINARY PLAT WITFI CITY MANAGER COX ADVISING PLANNER DAVID HOOVER,
DISCUSSED THE PRELIMINARY PLAT WITH PLANNING AND ZONING.
CI`.CY MANAGER SUGGESTED PT..�ANNING AND ZONING CLARIFY THE PRE—APPLICATIQN
PROCESS WHICH IS UNCLEAR.
COUNCILMEMBER I�OWE REQUESTED THE CI�'I' A`.CT012NEY EXTENSZVELY REVIEW THE
PRE—APPLICATION :PROCESS AND ADt7ISE PLANNING AND ZONING ACCORDINGLY.
COUNCILMEMBER A[JSTIN STATED HE WOULD NOT HAVE ANY PROB�,EM IN DIRECTING
PLANNING AND ZONING AND STAF'F TO DENY THE PERMIT.
C4tINCILMEMBEFt LOWE REQUESTED COUNCIL $E NOTIFIED IF A DEVELOPER FILES A
FINAL PLAT WITH THE CITY MANAGER STATING C,OUNCIL Y�TILL BE NOTIFIED.
**COUNCILMEMBER HAJECATE P40VED TO APPROVE AUTHORIZING EXECUTION OF THE
CONTRACT WITH CLAUNCH & MILLER, INC. TO UPDATE THE CITY'S LAND—U,SE
ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN, AND IMPACT FEES FOR WATER ANi)
WA5TEWATER SYSTEMS.
— WITH
v SON. THE MOTION PASSED 4 3,
SECONDED B.. COUNCILMEMBER MANI
COUNCILMEMBERS Al7STIN, DICKEY AND LOWE OPi�OSED.
**COUNCILMEM$ER DTCKEY MOVED TO APPROVL: THE REZNSTATING NIGHTS AND DAYS
CUP.FEW AND ATJTI-IORIZE AN ORDINANCE BE PREPARED WITH TFIE EFFECTIVE DATE ON THE
315Z' DAY FROM ADOPTION.
SECONDED BY COUNCZLMEMBER HAJECATE. THE MOTION PASSED 5-2 WITH
!.:'�UNC:ILMEMBERS Mi�iJISUN AND AUSTIN OPPOSED.
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**COUNCILMEMB�R LOWE MOVED TO APPROVE THE CALLING OF A FUBLIC HEARING
FOR AN AMENDMENT TO THE ZONTNG OI2DINANCE FOR THE FOLLOWING: AMEND SECTIONS
2D AND 7D TO CHANGE THE DENSITY OF MULTI-FAMILX RESIDrNTIA�, - HIGH
(MFR-HO FROM 18 UNITS PER ACRE TO 12 UNITS PER ACRE.
SECONDED BY COUNCILMEMRER HAJECATE. THE MOTION PASSED UN.ANIMOUSLY.
**COUNCILMEMBER DIC�EY MOVED TO APPROVE THE CALLING OF A PUBLIC HEARING
ON NIAY 20, 1996 FOR AN AMENDMENT TO THE ZONING ORDTNANCE FOR THE FOLLOWING:
AMEND SECTION 7B, C, C. 1, D, P (PERMITTED USE TABLE) TO REQUIRE ALL
MULTI-FAMILY DEVELOPMENTS TO BE SUBJECT TO A SPECIFIC USE PERM:IT.
SECON'DED BY �OUNCTLMEMBER AUSTIN. TH:E MOTION PASSED UNANIMOUS:LY.
**COUNCILMEMBER HAJECATE MOVED TO APPROVE RESOLUTTON N0. R96-17, A
RE50LUTTON OF THE CITY OF FRIENDSWOOD, TEXAS, SUSPENDING THE EFFECTIVE ----'
DATE OF TEXAS/NEW MEXICO POWER COMPANY'S APPLICATION FOR A:PPROVAL OF ITS
COMMUNITY CHOICE TRANSITION PLAN 1�ND STATEMENT OF INTENT, PRC)VIDING FOR THE
GATHERTNG AND REVIEW OF NECESSI-1RY INFORMATION IN CONNECTION THEREWITH;
AUTHORIZING PARTICIPATION IN THE GULF COAST COALITION OF CITTES CONCERNING
THE ELECTRIC RATES AND ACCOUNT7:NG PRACTICES OF TEXAS-NEW MEXICO PQWER
COMPANY; AUTHORTZING PARTTCIPATIaN IN PUBLIC UTILITY COMMI3SION OF TEXAS
DOCKET N0. 15560.
SECONDED BY COUNCILMEMBER LOWE. TI-iE MOTION PASSED UNANIMOUSI,Y.
**COUNCILMEMBER LOWE MOVED TQ APPROVE RESOLUTI01�1 NO. R96-1$, A
RESOLUTION OF THE CITY OF E'RIENDSWOOD, TEXAS, GALVESTON/HA.RRIS COUNTIES,
ADOPTING RULES OF PROCEDURE FOR THE CITY COUNCIL MEETINGS ()F THE CITY OF
FRIEIVDSWOOD, TEXAS; AND REPEALING R:ESOLUTION R95-25 PURSAAN!P TO AUTHORITY
CONTAINED .IN ARTICLE I�I, OF THE CHAR�ER OF THE CITY OF FRTENDSWOOD,
TEXAS.
SECONDED BY COUNCILMF..MBER AUSTIN. THE MOTION PASSED UNANIMCJUS�,Y.
**COUNCILMEMBER HAJECATE MOVED �0 APPROVE ORDZNANCE 96-6, SECOND AND
FINAL READING OF AN ORDINANCE AMENDING APPENDZX C �F THE FFtIENDSW00D CITY
CODE, SAID APPENDIX C BEINC� THE ZONING aRD�NANCE OF THE CITY, BY DEI,ETING
SUBSECTION B OF SECTION 8 THEREOF AND SUBS2ITUTING THFREFORE A NEW
SUBSECTION B, AND BY ADDING TO SECTION 20 THEREQF A NEW SUBSECTION II, ;
PROVIDING THAT FENCES, HEDG�S, AND WALLS MAY BE LOCATED WITHIN FRONT AND
SIDE YARDS ON LOTS ADJACENT TO F.M. a28, F.M. 2351, THAT PORT:ION OF F.M. 518 --�
NORTH OF F.M. 2351 AND SOUTH OF F.M. 528 AND ON LOTS LARGER THAN TWO (2)
ACRES OR MORE, IF NO HAZARDOUS VISUAL OBSTRUCTIOPI IS CREATED, FROVIDING A
DEFINITION FOR THE WORK "FENCE", PROVIDING A PENALTY OF AN AMOUNT NOT TO
EXCEED $2000.00 FOR EACH DAY OF VTQ.LATION OF ANY PROVISION HEREOF, AND
PROUIDING FOR SEVERABTLITY.
SECONDED BY COUNCILNlEMBER DICKEY. THE MOTION PASSED UNANIMOUSLY.
**COUNCILMEMBER DICKEY MO`lED '.PO NOT ACCEPT PLANNING AND ZONING'S
RECOMMENDATION AND TO APPROVE ORDINANCE 96-10, FIRST READIbIG OF AN ORDINANCE
AMENDING THE CITY OF FRIENDSWOOD, TEXAS, ORDINANCE NQ. 84-15, AS AMENDED,
ORTGINALLY ADOPTEn THE 19TH DAY OF' NOVEMBER 1984, SAME ALSO BFING APPENDIX C
TO THE FRIENDSWOOp CI7TY CODE, AND BETNG THE ZONING ORDINANCE OF THE CT'T'Y, BY
DELETING FROM PARAGRAPH 3 OF SUSSECTION Q OF SECTION 7 4'HER.EOF ALL OF
SUBPARAGRAPH b; FROVIDING THA'P BUILDIN6S AND STRUCTURES SHALL BE LIMITED TO
TWO STORIES, EXCEPT THAT BUILDINGS AND STRUCTURES LOCATED IN IONING DI.STRICT
SFR (SINGLE FAMILY R�SIDENTIAL} ARF PERMITTED TO HAVE TWO AND ONE-HAT.,F
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�TORTES IF NO I�IVING QUARTERS ARE LOCATED WITHIN THE. TOP ONE—HALF (1/2)
STORY, PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2000.00 FOR EAGH DAY
OF VIOLATION OF ANY PRO�IISION HEREOF, AND PROVIDING FOR SEVERABTLITY.
SECONDED BY COUNCILMEMBER ZOW�. THE MOTION PASSED 6-1 WITH COUNCTLMEMBER
MANISON OPPOSED.
**COUNCILMEMBER HAJECATE MOVED TO APPROVE FIRST READING OF ORDINANCE 96-11,
AN ORDINANCE REJECTING THE SCI-3EDULE OF EQUIPMENT AND INSTALLAT.ION RATES
PROPOSED BY TCI TKR OF HOUSTON, INC. , D/B/A TCI CABLEVISION OF HOUSTON AND
� FINDING THAZ' SUCH RATES ARE UNREASONABLL., ESTABLISHING THE MAXIMUM HOURLY
SERVICE CHARGE T(7 B� USED 20 DEVELOP THE EQUIPMENT AND INSTALLATION RATES OF
' TCI TKR flF HOU5TON, INC. D/B/A TCI CABZEVISION OF HOUSTON, ESTABLISHING THE
� MAXIMUM PERMITTEI� RATES FOR EQUIPMENT AND INSTALLATION CHARGES COMMENCZNG ON
JUNE 1, 1996; DECZARING THE REGULATED �TATU� OF THE INSIDE WIRE MAINTENANCE
�ROGRAM; ESTABLI:SHING Z'HE MAXIMUM PERMITTI'sD RATE FOR TCI'S INSZDE WIRE
MAINTENANCE PROGRAM COMMENCING ON JUNE l, 1996; AND SETTING FORTH OTHER
PROVISIONS RELATED THERETO.
SECONDED BY COUNCILMEMBER DICKEY. THE MOZ'ION PASSED UNANIMOUSLY.
**COUNCILMEMBER HAJECATE MOVED TO APPROVE THE CONSE�tT AGENDA AS FOT�LOWS:
PAYMENT OF CAPITAL PROJECTS. 1. 1992 STREET IMPROVEMENT" PROGRAM (GALVESTON
COUNTY) — PAYMEIVT IN THE AMOUNT OF $840.U0 TO GATOR RECYCLER FOR 1,500
GALLONS OF ASPHAI,T EMULSION USED DURING TH� THIRD PHASE OF CONSTRUCTION ON `
MELODY LANE. 2. 1996 CONCRETE STREET TMPROVEMENT PRC�GRAM — FIRST PAYMENT
IN THE AMOUNT OF $67,797.36 TO DAVID WIGHT CONSTRUCTION CO. , INC. FOR
CONSTRUCTION OF CONCRETE STREE7.�S ON LAUREL, DAWN AND MUSTANG DRIVE DURING
APRTL 1996. T,AUREL IS 36 PERCENT COMPLETE AND DAWN IS 48 PERCENT COMPLETE.
3. OLD CITY PARK — PAYMENT IN THE AMOUNT OF $1,775.00 TO C. L. DAVID &
COMPANX FOR A BQUNDARY SURVEY TO LOCATE IMPRt7VEMENTS TO OLD CITY PARK. A
TOTAL OF $25,000 IS BUDGETED. 4. 1776 MEMORIAL FARK — PAYMENT IN THE
AMOUNT OF $6,200.00 TO C. �,. DAVIS & COMPANY FOR A BOUNDARY 5IIRVEY. FUNDS
ARE BUDGETED IN THE 1776 PARK TRUST FUNT�. 5. NEW CITY HALL — PAYMENT IN
THE AMOUNT OF $2,500.00 TO LEE'S LANDSC.APING FOR RETAINAGE. HELD BY ABBEY
ENTERPRISES, INC. FOR LANDSCAPING SERVICE�. THE CITY'S RETAINAGE FRQM ABBEY
I5 TO BE REDUCEU BY THE SAME AMOUNT. 6. MANHOLE REHABILITATION — FOURTH
� PAYMENT IN THE �1MOUNT OF $6.737.44 TO D. E. WILLIAMS CONTRACTING CO. , INC.
� I FOR MANHOLE REHABILITATTON FROM APRIL 12 THROUGH APRIL 16, 1996. THE
� PROJECT IS 79 PERCENT COMPLETE. 7. SUNMEADOW LIFT STATIONS #9, 10, 11 —
FOURTH PAYMENT IN THE AMOUNT OF $7'76.40 TO LENTZ ENGINEERING, L.C. FOR
ENGINEERING SERVICES ON SUNMEI-1DOW LIFT STATIONS #9, 10, 11 DURING APRIL.
THIS PROJ'ECT IS FUNDED FROM 1995 �EF�TIFICATE OF OBLIGATION PROCEEDS. TOTAL
CONSENT AGENDA F'AYMENTS — $86,626.20. }3. DISPOSITION OF' BIDS — 1. BID
96-6 — REHABILITATION OF THREE LI�T STATIONS AT SUNMEADOW AWARDED TO R. J.
CQNSTRUCTION IN THE ANTOUNT OF $151,787. 2. BID 96-7 — 1996-1997 MOWING
CONTRACT FOR NUISANCE ABATEMENT TO W. L. TRACTOR IN THE AMOUNT OF $35.00 PER ,
HOUR FOR TYPE I, II, AND III. D. REQUEST FROM F.V.F.D. FOR STREET BANNER
USE PERMIT APLICATION TO INSTALL "THINK CHILD SAFETY" BANNER MAY 21, THROUGH
MAY 26, 1996. I3. PROPERTY TAX REPORT. F. MINUTES OF APRIL 8, APRIL 15
WITH CORRECTIONS, APRII, 29 AND MAY 2, 1996.
SECONDED BY COUNC;ILMEMBER AUSTIN. THE MOTION PASSED UNANIMOUSLY.
**COUNCILMEMSER HAJECATE MOVED TO APPROSIE THE CONSENT AGENDA AS FOLLOWS:
ITEM C. AUTHORIZE ACCEPTANCE AND EXECUTZON OF AN AGREEMENT WITH THE TEXAS
902
STATE LIBRARY AND ARCHIVES COMMISSION FOR A GRANT IN THE AMOU�IT OF $50,000
FOR PHASE II CONSTRUCTION OF THE LIBRARY.
SEC�NDED BY COUNCTI.�MEMBER MANISON. THE MOTION PASSED UNANIMOU�3LY.
A MOTION WAS MADE AND PASSED TO ADJOURN AT 10:�0 P.M.
�-�„/
M.AYOR ELYN B NEWMAN
ATTEST:
. r` , �
I
D L'ORIS MCKENZ E, RMC
CITY SECRETARY
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