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HomeMy WebLinkAboutCC Minutes 1996-06-03 Regular 903 �TP.TE OF TEXA5 CITY OF FRIENDSWOOD COUNTIES OF GALVESTON/HARRIS JUNE 3, 1996 � MINUTES OF A REGULAR MEETING OE' THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON �MOND.l�Y, JUNF 3, 1996 AT 6:00 P.M. AT FRIENDSWOOD CITY HALL, 910 S. FRIENDSWOOD DRIVE, FRIEIVUSW00U, TEXAS� WITH THE FOLLOWING PRESENT �"�" � CONSTITUTING A QUORUM: i I ' ; ' MAYOR E�ELYN �. NEWMAN I MAYOR PRO TEM �TA:�ViS LOWE ' GOUNCILMEMBER KI'1'T�N HA:7ECI�TF rqUNCILMEMBER J'��2RY ERIC:SSON ' COUNCILMEMBER MEL At1STIN COI3NCILMEiKBER A1:;1:NF. DICKEY ' CITY ATTpRNEY �.OfIN �LS4N i CITY MANAGER kON COX ; CITY SECRETARY DEL(�RIS i�ICKENZIr; COUNCtLMEMB�.R MANISOtd WAS ABSENT FROM THE M�.;TING. MAYOR NEWMAN CALLED THE MEETING TO ORDER. CITY MANAG�R COX PRESENTED AN OVERV2EW UF THE EXISTING CONTRACT WITH WAST� MANAG�MENT AND THE PROPOSED CONTRACT WHTCH IS A NON—EXCLUSIVE FRANCHISE. MR., C0� REPQRTED THAT STAFF, THE CITY ATTORNEY AND WASTE MANAGEMENT HAVE BEEN WORKING O]V THIS PROPOSAL. MR. COX STATED THAT ESSENTIALLY THE FRANCHISE AGREE�'lENT WOULD BE THAT WA:3TE MAN�GEMENT WOULD COLLECT FOR RESIDENTIAL, COMMERCIAL, ANA RECYCLING, WOULD PAY THE CITY A FRANCHISE FEE WITH TT-IE AMOUNT TO BE DETERMINED AND RETAIN THE RECYCLING FUNDS. MR. COX STATED THE CITY COULD CONSIDER THE FRANGHISE PROPOSAL, CONTINUE IN A CONTRACTUAL AGREEMENT OR GO OUT FOR REQUEST FOR PROPOSALS TO SEE IF WASTE " � � MANAGEMENT FEES 1�RE COMPETITIVE. COUNCIL DISCUSSE:D THE ADVANTAGES OF ENTEFtING INTO A FRANCHISE WITH THE CITY ATTORNEY STATING THE CITY WOULD HAVF 7.'HH, RIGH`P TO REGULATE, WOULi� AiJTHORIZE `PO OPERATE TN THE CITY AND ESTABLISH GiJIF)EI,INES FOR. OPERA�rz�r�s. THE CITY ATTORNEY STATED IF �HE CITY DID NOT �NTL�: INTU A FRANCHISE AGREEMENT FOR ALL SERVICES, HE WOULD PROPOSE TL-iAT THE CTTY CONS1:IaER A E�I2ANCHIS� FOR COMMERCIAL. THE; CITY ATTORNEY STATFv '.�I•IE:R�. IS NOT A REAL ADVANTAGF, EXrEFT COUNCIL COULD SET A FRANCHTSE FEE OF WHAT�VER AM�JUNT OR COULD ETaTI:R INTO A FRANCHISE AGREEMI'sNT WITHOUT A FRANCHISE P'EL. ADMINISTRATIVE E�ERVICES DIRECTOR ROGER ROECKER �DVISED `.CI�iF AI�VI�NTAGE OF EN`PERING INTO A FRANCHISE WOTJLD BE TQ INCORPORATE THREE CONT�tAC'PS �:NTO �1VE, BENEF'IT TO CUSTOMERS BY BEING BILLED MOIVTHLY INSTEAD OI' E3I—MONTHLY AND STATED THERE WOULD NOT BE A LOT OI� TIME SAUINGS FnR ADMINIS�'RA`I'IVE S�,RVICES STAFF' AS THEY WC)ULD CONTINU.E TO BILL F012 WATER .AND SEWER BUT `�OI7LD SAV.�, ON TIME SPENT ON PHONE CALLS. COUNCILMEMBER LOWE ASKED IF` CUUNCIL COULD DETERMINE IF ENmERIN� INTO A FRANCHISE OR CON`.I'RACT, ASKED ABOUT THE ADV.AtdTA6E OF GOING OUT FOR BID, COULD � r" ' 904 CTTY UO WASTE PICK-UP OR IS IT MORE ADVANTAGEOUS TO PRIVATIZE ' TO FRANCHISING. COUNCILMEMBER LOWE STATED SHE WAS SURPRISED AS TO HOW THE CONTRACT WENT FROM WORKSHOP TN AUGUUT OF '95 AND IS BEING BROUGHT BACK TO COUNCIL AS A FRT�NCHISE WHEN COUNCIL THOUGHT STAFF AND THE, CI'1.'Y ATTORNEY WERE WORKING ON A CONTRACT WITH THE ON.LY' FRANCHIS� BEING CONSIDERL:D WAS FOR ROLL OFFS. CITY ATTORNEY OLSON STATED THE CTTY WOULD REGULATE THE RATES IN THE FRANCHISE ORDINANCE AND STATED HE MISUNDERSTOOD COUNCIL'S DIRECTIVES TO BRING BACK' A FRANCHISE AGREEMENT. COUNCILMEMBER AUSTIN ASKED IF THIS FRANCHISE IS A SHIE�T FROM WASTE MANAGEMENT PAYING A 3 PERCENT FEE; TO THE CITY PLUS THE RECYCLING FEE WITH THE CITY MANAGER STATING YES, THTS WOULD BE A SHIFT WITH WASTE MANAGEMENT •- PAYING THE CITY A FRANCHISE FEE AND R:ETAINING THE RECYCLTNG FUNDS. COttNCILMEMBER Ai.ISTIN ASKED WASTE MANAGEMENT GENERAL MANA�ER TC)NY COCO IF THE EXTSTING CONTRACT HAS SOME EXCL[TSIVITY WITH MR. COCO STATING THE EXISTING CONTRACT IS EXCLUSIVE WITH THE EXCEPTION OF CQMMERCIAL ROLL OFFS. COUNCILMEMBER �USTIN ASKED IF THERE IS A BUSINESS ADVANTAGE TO WASTE MANAGEMENT WITH T�lR. COCO STATING I7' WOULD ACTUAI,LY COST WASTE MANAGEMENT $1.,00 TO $1.10 PER CUSTOMER TO DO THE BILLIIIG. � COUNCILMEMBER DICKEY ASI£ED MR. COCO IF HE PREFERRED THE CONTRACTUAL METHOD AS �IT EXTSTS WTTH MR. COCO STATING WASTE MANAGEMENT WANTS TO CONTINUE DOTNG BiJS�NESS WITH THE CITY BUT WO�JLD PREFER A CONTRACT RATHER THAN A FRANCHISE. CITY MANAGER COX ADVISED THE RATES WOUL'D REMAIN THE SAME WITH THE CITY SET,�TING THE FRANCHISE FEES WITH WASTE MANAGEMENT TO RETA�N TIiE RECYCLING FUNDS IN ORDER TO QFFSET BILLING COSTS AND STATED THE CITY IS RECEIVING 3 PERCENT RESIDENTTAL COLLECTION FROM WASTE MANAGEMENT UNDEft THE EXISTING CONTRACT. COUNCIL DISCUSSED TH� CITY LOOKING INTO BILLING COMMERCIAL CUSTONIERS WITH MR.�i COCO P,DVISING THERE WERE APPROXIMATELY 320 COMMERCIAL CUaTOMERS, HAVING ONE; DOCUMENT, CONTINiJING P,S IS, HAVING COMMERCIAL AS A FRANCl3ISE, I�ETURNING RECYCLING FUNDS BACK TO THE CITIZENS OR DESIGNATING THE RECYCLING FUNDS FOR - A SPECIFIC PROJECT, COUNCIL I5 PLEASED WITH WASTE MANAGEMENT SERVICES, WILL L00,� AT THE COST TO COLLECT FOR COMMERCIAL, WILL LOOK AT A :3 YEAR �ONTRACT WIT�i RENEWAL AND TO ADD TO THE CIVIC 'LIST OF DONATTONS FROM WASTE MANAGEMENT. i COUNCIL CONVENED INTO REGULAR SESSION AT 7:10 P.M. . CITY MANAGER RON C0�{ GAVE THE INVOCATIUN. THE! PLEDGE OF ALLEGIANCE TO THE AMERICAN FLAG AND THE TEXAS ]?LAG WAS LED BY BOYi SCOUT TROOP 224 FROM HERITAGE PARK BAPTIST CHURCH. � MAY,OR NEWMAN PROCT,AIMED JUNE 3, 199b AS "NIKKI DOWDY DAY". NIKKI WON SECOND • PLA'CE IN THE 69TH NATIONAL SPELLING BEE. , . ! ,, .�._� r'� � � 905 � � i MAYVR NEWMAN PROCLAIMED MAY 27, 1996 AS THE FIRST .�NNUAL "BUnDY POPPY DAY" BY ITHE NEWLY-FORMED VET�RANS OF FOREIGN WARS POST 3002 IN THE CITY OF FRIENDSWOOD. i i MAXOR NEWMAN PRESENTED STUDENTS FROM FRIENDSWOOD HIGH SCHOOL CERTIFICATES OF RECOGNITION FOR WINNING THE STATE UIL ONE-ACT PLAY COMPETITION. COUNCILMEMBER HA.JECATE REPORTED ON ATTENDING THE TRI-COITNTY CHAMBER MEETING LAST WEDNESDAY WITH THE GUES� SPEAI�R SPEAKING ON THE "SMART JOBS GRANT" AND ATTENDED MARGE LOWE'S ROSE GARDEN DEDICATTON IN STEVENSON PARK. COUNCILMEMBER ERICSSON REPORTED HE CONTINUED HIS TOUR OF THE CITY WITH THE CITY MANAGER AND REPORTED ON SPENDING TIM� WITH THE COMMUNITY APPEARANCE BOARD LAST THURSDAY. . COUNCILMEMBER ALISTIN REPORTED ON MEETING WITH` SEVERAL CITIZENS LAST WEEK REGARDING DRAINAGE AND REPORTED ON ATTEND7CNG THE C.C.D.D. MEETING LAST WEEK. COUNCILMEMBER DICKEY REPORTED SHE WAS IN SAN AI�TTONIO OVER THE MEMORIAL DAY I-TOLZDAY AND PICI'.ED UP A BROCHURE ABOUT CLOGGERS IN FRTENDSWOOD COUNTY AIrID ASSUMED THIS WAS THE FRIENDSWaOD CLOGGERS. COUNCILMEMBER LOWE REPORTED ON ATTENDING A MEETING IN AUSTTN ON FRIDAY REGARDING UTILIT'Y DEREGULATION ISSUES, REPORTED ON A BROCHURE FROM TEXAS/NEW MEXICO POWER (T.N.P. ) ON CUSTOMER CHOICE TN DEREGULATION ISSUES AND STATED IF ;ANYONE HAS ANY QUESTIONS TO CONTACT EITHER HER OR CITY MANAGER COX, COMMENDED T.N.P. FOR THEIR ASSISTANCE ON FRIDAY WHEN A WRECK OCCURRED ON FRIENDSWOOD DRIVE AND ECHO WITH T.N.P. RE-ESTABLISHING SERVICE IMMEDIATELY, EXTENDED CONGRATULATIONS TO ALL THE GRADUATES, STATED HER CONCERNS REGARDING RULES AND PROCEI7URES, IN PARTICULAR RULE #3 AND #7 REGARDING PLACING ITEMS ON THE AGENDA AND STATED SHE WOULD REQUEST NOTICE AS TO WHEN THE AGENDA. MEETINGS ARE TO I3E HELD AS SHE WOULD LIKE TO F�TTEND. COUNCILMEMBER HA.JECATE STATED POSSIBLY I:T WOULD BE HELPFUL TO PUT AGENDA ITEMS IN WRITING. MAYOR NEWMAN RE�'ORTED 3 YEAitS AGO SHE HAD THE HONOR OF PRESENT2NG A GIRL � � SCOUT WITH HER GOLD AWARD AND THA2 SHE NOW HAS THE H�NOR OF PRRSENTING HER STSTER WITH HER GOLD AWARD AND REPORTED THE CONCERTS IN THE PARK ARE BEING HELD EVERY FRIDAx NIGHT AND URGED EVERYONE; TO AT�`ENI7. MR. JIM PACE APPEARED BEFORE COUNCIL TO EXPRESS HIS CONCERN WITH F.M. 528 AND� THE NEW SCHGO�, AND STATED SOMETHING NEEDS TO BE DONE QUICKLY SUCH AS A WALKWAY, AN OVERPASS OR FLASHING LIGHTS BEFORE A CHILD IS KILLED IN TRYING I TO :CRQSS THE STREET. MAYOR NEWMAN REPOI2TED THE CITY IS WORKING ON THIS ' ii SAFETY ISSUE. MR.; WELDON KING APPEARED BEFORE COUNCIL REGARDING THE RECENT KEG PARTIES AND SUGGESTED THE P(�LICE DEPARTMENT COULD HAVE HANDLED THE SITUATION WITH A LIT�'LE MORE TI1CT IN ENFORCING ORDINANCE 91-11 WHICH IS FOR .CONTROLLING T�ARGE PARTIES. MR. KING STATED HIS SON WAS ARRESTED, HAND-CUFFED, FINGERPRIN�1'ED, � A RERMANENT REPORT WAS MADE, AND CARS WERE IMPOUNDED. MR. KING STATED HE SUPPORTS THE ORD'INANCE BUT IS COIVCERNED WITH THE APPLICATION AND DISCRF:TION USED BY THE POLICE OFFICERS. - i , , � � � i � � " ; .. , , �. i i �" � 906 MS. VIGI BULLMAN A�PEARED BEFORE COUNCIL TO SPEAK ON THE CLIRFEW ORDINANCE AND ASKED COUNCIL TO RESCIND ACTION ON RE-IMPLEMEN�'ING THE CURFEW ORDINANCE. MS. BULLMAN RELA�ED AN INCIDENT WITH HER TEENAC3E SON AND THE POL�ICE DEPARTMENT AND HER CONCERN WITH THE ENFORCEMENT OF' THE CURFEW ORDTNANCE. MR.; BEN STEINSHOLT, A FRIENDSWOOD RESIDENT, WHO IS ALSO WITH THE HOUSTON POLICE DEPARTMENT, APPEARED BEFORE COUNCTL REGARDING HIS SC7N RECEIV2NG A TICXCET AND SPOKE ABOUT THE MANNER IN WHICH HIS SON WAS TREATED AND SUGGES�ED POLTCE OFFICERS HAVE MORE TRAINZNG, AND THAT THERE BE POLICX REVISIONS AND EXPRESSED HIS CONCERN THAT THE CURFEW ORDINANCE WOULD BE USED AS A CROWBAR RATHER THAN 1a TOOL AND STATED POLICE OFFICERS ARE TO BE RESPECTED, NOT FEARED. � ___._. COUNCIL STATED THEIR CONCERNS WITH ANY PaLICE OFFICER:3 OVERSTEPPTNG BOUNDARTES AND THE APPLICATION. OF THE CURFEW ORDINANCE WITH DISCRETTON AND MATURITX. COUNCIL DISCUSSED POLTCE POLICIES, DISCiTSSED THE NEED FOR MORE DISCRETION, AND UNNEGESSARY "STRONG ARMTNG" ON THE STREE7' AND TREATING EVE�2YONE WITH RESPECT, DISCUSS�b THE APPOINTMENT OF A COMMITTEE OF COU�ICILMEMBERS LOWE AND ERICSSON WORKING WITH THE CITY MAi1AGER AND CHIEF STOUT TO REVIEW THESE ISSUES. CHIEF STOUT ASKED COUNCIL TO BE Rf;MINDED THAT THE POLICE DEPARTMENT HAS BETWEEN 25 AND 35 THOUSAND CONTACTS WITH CITIZENS PER YEAR AND STATED HE WOULD BET THE POLICE DEPARTMENT HAS HAD THE HIGHEST OF REPUTATIQNS STNCE NIARCH, 1989, WITH NO HARASSMENT CHARGES AND STATED HAI2ASSMENT IS AGAINST EVE�tYTHING THE POLICE DE�'ARTMENT STANDS FOFt. � i MR.; RON RITTER FROM WEDGEWOOD VILLAGE SUBDIVISION SPOKE IN SUPPORT OF ADO�TION OF ORDINANCE T96-10, HEIGHT REGULATIONS. � MR.; FRANK WESB APPEARED BEFORE COUNCIL REGARDING SPEED HUMPS AND A CONCERN ABOUT AN ARTICLE IN THE SUBDIVISION NEWSLETTER REG�I.RDTNG THE USE 0�' THE SPEED HUMPS. � � MS.� DOROTHY STUART, CHAIR OF THE COP'IMUNITY APPEARANCE BOARD {CAB) , APPEARED BEFORE COUNCIL TO PROPOSE THE CITY CUNSIDER A TREE ORDINANCE, WITH VOLUNTEER MEMBERS OF THE CAB TO SERVE ON A COMI�IITTEE TO DEVELOP A TREE �RDINANCE. NIS. �v STU�IRT ALSO ASKED ABOUT A LANDSCAPE PLAN, Z'HE NUMBER OF TREES TO REPLACE TRE�S REMOVED, SOUND BARRIER WALL5, A TREE SURVEY, AND THE D]�VELOPMENT �F A LIST OF A VARIETX OF TREES TO BE USED. CITY MANAGER COX ADVISED PLANNING AND ZONING IS LOOKING AT A TREE ORDINANCE AND THIS WOULD BE TIMELY TO DISCiJSS AN OVERALL TREE ORDINANCE. CITY MANAGER COX REPORTED ON THE COMPLETION OF THE TEXAS F�IRE CQMMISSION TWO;-DAY EXAMINATION � OF FRIENDSW�OD ON MAY 23-24. AND THE REPORT FROM THE INSpECTOR WILL BE MADE ABOUT THE� FIRST OF JULY. CTTY MA.NAGER COX ALSO REPbRTED ON THE TEXAS MUNICIPAL LEAGtJE'S MEETING WITH MEMBERS OF THE PROPANE INDUSTRY AND CITY AND STATE OFFICIALS REGARDTNG THE REGULATION OF PROPANE SYSTEMS IN CITIES. MR. CUX REPORTED THAT THERE WERE I40 BIDS RECEIVED FROM THE; ADVERTISING OF THE SALE OF STEVENSON HOUSE AND MR. COX HAS AUTHORIZED COMMUNITY SERVICES DIRECTOR JON BRANSON TO RE-ADVERTISE THE SAL� OF THE HOUSE. ZHE LAST ITEM M12. COX DISCUSSED WAS THE REMOVAL OF DLBRIS FROM 1776 � ; l.__J � I � I +,. � �a� , , PARK AND STATED THAT THE SITE I�S BEEN SECURED TO PREVENT THE INDISCRIMINATE DUM�PING THERE. COUNCTLMENIBER HA.JECATE ASKED ABOUT LOOKING INTO THE POSSIBILITY OF SHARING THE "LITTLE HOUSE" WITH THE BOY SCOUTS AND IS PLEASED TO SEE THE BIKE SIGNS UP ON SUNSET BUT WOULD LIKE TO SEE ADDITIONAL SIGNAGE AND PAINTING ON THE PAVEMENT WI�H TFIE CITY MANAGER STATING �[E WOULD LOOK AT SPECIFICATIONS FOR VERBAGE AND FOR USAGE OF POLE SIGNS. COUNCILMEMBER LGWE SUGGESTED TRYING GROUND SIGNS FOR 3 MONTHS TO S�E IF � `� THERE IS A NEED FOR POLE SIGNS. COUNCTLMEMBER E12ICSSON ASKED HOW LONG WILL THE LEAGUE CITY SIGN S'FAY AT F.M. 528 AND F.M. 518 WITH �HE CITY MANAGER ADVISING HE HAS HAD TXDOT LOOK AT THE SIGN 11ND THE SIGN WAS REPLACED BUT EVIUENTLY IS STILL INCORRECT AND WILL REQUEST TXDOT REPLACE THE SIGN CORRECTLY. COUNCILMEMBER DICKEY THANKED COUNCILMEMBER LOWE FOR BRINGING THE KEY RATE ISSUE TO COUNCIT�'S ATTENTION AND FOR FIRE MARSHAL TERRY BYRD'S EFFORTS ON RESEARCHING THIS ISSUE WITH THE CITY MANAGER STATING HE 'JSUALLY GIVE5 CREDIT TO �THE COUNCILME;MBER5 BUT THAT TERRY BYRD WAS WORKTNG ON THIS ISSUE BEFORE COUNCILMEMBER LOWE BROUGHT IT TO COUNCIL'S ATTENTION. COUNCTLMEMBER LOWE ASKED ABOUT THE PROP05ED PROPAtIE CODE AND AS TO HOW MANY HOME5 WOULD BE AFFECTED, WITH THE CI�'Y MANAGER ADVISING HE BELIEVES THIS CODE APPLIES TO VEHICLES WITH TERRY BYRD ADVISING THIS APPLIES TO VEHICLES AND RESTDENTIAL USE AS A FUEL WITH SAFETY FEATURES BEING IN THE FIRE CODE. COUNCILMEMBER LOWE REQUESTED THE CITY MANAGER ADVISE HOMEOWNERS ABOUT THE CLEAN-i1P SCHEDULI3 FOR "1776" PARK. COUNCILMEMBER AUSTTN ASKED IF THE USE OF PROPANE AS AN ALTERNATE FUEL IS SAFER WITH TERRY' BYRD ADVISTNG THAT IT TS ACTUALLY A LITTLE MORE F'LAMM�IBLE ANDi STATED IT WOULD NOT HURT TO HAVE STRONGER CODES. MR. BYRD STA�ED HERE AREi 3 OR 4 REQUESTS PER YEAR FOR RERMITS FROM HOMEOWNERS TO HEAT SWIMMING ' �". POOLS AND/OR JACiJZZIS. • , COUNCILMEMBER LOWE ASKED HOW MANY WORKTNG DAYS ARE LEFT ON THE MUSTANG PRO;TECT WITH THE CITY MANAGER ADVISING HE WOULD CHECK. COUNCILMEMBER LOWE ASKEI7 ABOUT THE DROUGHT CONBITIONS AND THE NEED TO GET THEi WORD OUT WI`.PH MAYOR NEWMAN STATING :PHERE HAS BEEN DIuCUSSION HELD AND REPORTED THE WATER SUPPLY IS SUFFICIENT AT TF[IS TIME. COUNCILMEMBER ERICSSQN ASKED ABOUT :PROBLEMS WITH FIRE WORKS WITH COUNCILMEMBER DICKEY STATING THE CITY SHOULD MAKE THE PUBLIC AWARE OF THE HA�RDS OF FIRE WORKS, BONFIRES, ETC, AND ALERT NEIGHBORING CITIES AS TO BUR� PERMITS. COU�ICILMEMBER AUSTIN STATED T-iE WAS PLEASED WITH THE LETTER FROM THE FI12E WORKS SUPPLIER STATTNG THAT THEY ARE WITHHOLDING THE SZ�LE OF CERTAIN FIRE , WORKS. i � i ; � � ', ,�..,_, ' 908 ; COU�CIL D2SCUSSED THE NEED rOR EXTRA FIRE PROTECTION DURING THE CITY'S FOURTH 0�' JULY FIRE WORKS DISPLAY. NO ACTION WAS TAKEN REGARDING THE EXTF?NSION OF THE WASTE MANAGEMENT CONTRACT. i **COUNCILMEMBER HAJECATE MOVED TO APPROVE RESOLUTION R96-19, A RESOLUTION AUTHORIZING THE PARTICTPATION bF THE CITY OF FRIENDSWOOD, TEXAS, WITH OTHER TEXAS CITIES IN THE TEXAS COALITIQN OF CITIES ON FRANCHISED i:fTILITY ISSUES; NAM�NG A REPRESENTAT�VE TO THE STEERING COMMITTEE; AUTHORIZING PAYMENT OF A PAR�'ICIPATION FEE AND PRUVIDTNG AbT EFI�ECTTVE DATE. SECONDED BY COUNCILMENIBER DICKEY. THF MOTION PASSED UNANIMGUSLY. � **COUNCILMEMBER LOWE MOVED TO APPROVE ORDTNANCE T96-10, SEC:OND AND FINAL REA�ING OF AN ORDTNANCE AMENDING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE N0. ' °' 84-�15, AS AMENDED, ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER 1984, SAME ALSO $EING APPENDTX C TO THE FRIENDSWOOD CITY CODE, AND BE:LNG THE ZOI�ING ORDINANCE OF THE CITY, BY DELETSNG FROM PARAGRAPH 3 OF SiJBSECTION Q OF SECTION 7 THEREOF ALZ OF SUBPARAGRAPH b; PROVIDING THAT BUILDINGS AND STRUCTURES LOCATED IN ZONING DISTRICT SFR (SINGLE FAMILY R�SIDENTIAL) ARE PER}�IITTED TO HAVE TWO AND ONE-HALF STORIES IF NO LIVING QUART�'sRS ARE LOCATED WITHIN THE TOP ONE-HALF (1�2) STORX; PROVIDING A PENAL�Y OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISTON HEREOF; AND PROUIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBER AUSTIN. THF MOTION PASSED UN�INIMOUSI�Y. **COUNCILMEMBER DICKEY M0�7ED TO APPROVE ORDINANC�E T96-11, . SECOND AND FINAI, READING OF AN ORDINANCE ESTABLISI-�ING THE MAXTMUM PERMITTED PER SUBSCRIBER PER MONTH BASIC CABLE SERVICE RATES OF TCI TKR OF HOUSTON, INC. D/B/A TCI CABLEVISION OF HOUSTQN, COMMENCING ON JUNE 1, 1996; AND SETT]:NG FORTH OTHER PROVISIONS RELATED THERETO. SECONDED BY COUNCILMEMBER AUSTIN. THE MOTION PASSED UNANIMOUSLY. **C'OUNCILMEMBER AUSTIN MOVED TO APPROVE ORDINANCE T96-12, SECOND AND FINAL READING OF AN ORDINANCE REJEC'.CING THE; SCHEDULE OF EQUIPMENT AND INSTALLATION RATES PROPOSED BY TCI TKR OF T30USTON, INC. , D/B/A TCI CABLEVISION OF HOItSTON AND FINDING THAT SU'CH RATES ARE TJNREASONABLE; ESTABLISHING THE MAXIMUM HOURLY SERVICE CHARGE TO BE USED TO DEVELOP THE EQUTPMENT AND INSTALLATION RATES OF TCI TKR OF HOUS20N, INC. , D/B/A TCI CABLEVISION OF HOUSTON; - � � ESTABLISHING THE MAXIMUM PERMITTED RATES FOR EQUIPMENT AND INSTALLATION CTiARGES COMMENCING ON JUN� 1, 1�96; DECLARING THE REGULATED STATUS OF THE INSIDE WIRE MAINTENANCE PRQGRANT; ESTABLISHING THE MAXIMUM PERMITTED RATE FOR TCI''S INSIDE WIRE MAINTENANCE PROGRAM COMNTENCING ON JUNE l, 1996; AND SET�TING FORTH OTHER PROVISIONS RELATED THERETO. SECONDED BY COUNCILMEMBER DICKEY. THE I�fOTION PASSED UNANIMOUSLY. *'�COUNCILMEMBER LOWE MOVED TO APPRQVE OT�DINANCE T96-13, FIRST' READING OF AN ORD,INANCE OF THE CITY OF FRIENUSWOOD, TEXAS, ESTABLISHING A CURFEW FOR PERSONS UNDER THE AGE OF 17 Y�ARS BE2'WE�N THE HQURS OF 12:01 A.M. AND 5:00 A.M,. ON ANY DAY OF THE WEEK AND BI;TWEEN THE HOURS OF 9:00 A.M. AND 2:3Q P.M. FOR� SCHOOL-AGED CHILDREN ON SCHOOL DAYS; PR�VIDING TT IS UNLAWFtJL FOR ANY PER�SON SUBJECT �0 A CURFEW HEREUNDER TO REMAIN IN ANY PUBL�C :PLACE OR ON THE PREMISES OF ANY EST L S � AB I HMENZ WITHIN THE CTZ'Y OF FRIENDSWOOI7 DURING CURk'EW HOU�ZS, PROV�DING IT IS LTNLAWFUL FOR ANY PARENT OR GUARDIAN OR A PERSON SUB�JECT TO A CURFEW HEREUND�R TO KN�WINGLY PERMTlr OR, BY INSUFFICIENT i i . �• � ; � , ., ; , ; ' ; � i I i i � i r:. i , 909 CONTROL, ALLOW SUCH PERSON TO REMAIN IN I�CY FUEtLIC PLACE OR ON THE PREMISES OF ANX ESTABLISE�[MENT WITHIN THE CITY DURING �URFF.W HOURS, PROVIDING IT IS UtdLAWFUL FOR ANY PERSON OWNING, OPERATING, OR IN THE EMPLOYMENT OF ANY ESTABLISHMENT WITHIN THE CITY TO KNOWINGLY ALLOW A PERSON SUBJECT TO THE CURFEW HEREUNDER TO REMAIN OH THE PREMISES OF SUCH E5TABLISHMENT DURING CURFEW HOURS, PROVIDING DEFENSES TO PROSECUTION FOR VIOLATIONS HEREUNDER, PROVIDING AN EFFECTIVE DATE; PROVIDING A PENALTY OF AN AMOUN� NOT TO EXCEED $500.00 FOR EACE[ DAY OF VIOLATION OF ANY PROVISION HEREOF; MAKING CERTAIN FINDIN��; REPEALING ORDINANCE N0. 95-5, PASSED AND; APPROVED THE THIRD DAY OF APRIL, 1995, AND ALI, OTHER ORDINAN�ES OR PARTS OF OR.DINANGE INC0�ISISTENT OR ''� ` IN CONFLICT HEREWITH, AND PR0�IIDING FOR SEVERABIL.ITY. � SECONDED BY CfJUNCILMEMB�R HAJECATE. THE MOTION PASSED 5-1 WITH ' � COUNCILMEMBER AU:3TIN OPPOSED. **COUNCILMEMBER HAJECATE MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED WITH THE EXCEPTSON OF ITEM B-2, BID 96-9, SANITARY SEWER SERVICE TO RANCHO VIEJO AND ZTEM E. ACCEPTANEE OF A SPECIAL WARRANTY DEED, AN ACCESS EASEMENT, WATER A�ID SEWER EASEMENTS, AND A TEMPORARY ELE.CTRICAL POWER LINE EASEMENT FROM WESZEY WEST CATTLE COMPANY AND WESZEY WEST DESCENDANTS TRUST WHICH WERE PULLED. A. PAYMENT OF CAPITAL PROJECTS — l. SUNSET HIKE AND BI;ZE LANE WITH FIRST PAYMENT IN THE AMOUNT OF $35,556.1�3 TO SCI CONTRACTORS, INC. FOR CONSTRUCTION OF AN ASPHALT LANE. THE PROJECT IS 95 PERCENT COMPLETE. 1. 1996 CONCRETE STREET IM:PROVEMENT PROGRAM WITH FIRST PAYMENT IN THE AMOUNT OF $660.00 TO PARADIGM CONSULTANT5,, INr. FOR CONSTRUCTION MATERIAL TESTING SERUICES ON LAUREL AND DAWN DURING APRII� 1996. 3. COWARD'S CREEK 24" SEWER LTNE WITH PAYMENT TO INDUSTRIAL INTERNATIONAL INC. IN THE AMOUNT OF �9,,762.48 FOR 24" PVC PTPE. THIS PROJ�.CT IS A COOPERP.'TIVE EFFORT BETWEEN THE' CITY, CLEAR CREEK DRAINAGE DISTRICT AND GALVESTON COUNTY. 4. MANHOLE REHABILITATION WITH FIFTY PAYMENT IN TFiE AMOUNT OF $21M329.69 TO D. E. WIL�,IAM5 CONTRACTING CO. , INC. FOR MANHOLE REHAT3ILITATION FROM MAY 6 THROUGH MAY; 15, 1996. 7�'HE PROJECT IS 98 PERCENT COMPLETE. 5. SHADY OAKS SANIT:4RY SEWER REHABILITATION WITH FIRST PAYMENT IN •THE AMOUNT OF $3,500.00 TO WAYNE SMI�'H & ASSOCIATES FOR DE:SIGN ENGINEERING SERVICES DURING APRTL 1996. DESYGN ENGINEERTNG IS 100 PERCENT COMPLET�. 6. RANCHO VIEJO SANITARY SEWER AND� LIFT STATION WITH SIXTH PAYMENT IN THE AMOUNT OF $1,750.00 TO WAYNE � SMITH AND ASSOCIATES FOR DESIGN ENGINEERING ON SEGMENT E OF THE RANCHO VIEJO � SANITAR�' SEWER AND LIFT STATION DURING MAY 1996. THIS PROJECT IS FUNDED ' FROM 1995 CERTIFICATE OF OBLIGATION PROCEEUS. THI5 PROJECT WAS ADVERTISED, I AND BIDS OPENED ON MAY 21, 1996. THE AWARD OF THE BID IS RECO�II�fENDED LATER I ON THIS AGENDA. TOTAL CONSENT AGENDA PA'.�'MENTS $72,558.38. B. DISPOSITI.ON , OF BZDS — 1. I3ID-96-8: JANITORIAL SERVICES — LOW BID BY THE MASSEY COMPANIES IN THE AMOUNT OF $52,804.80 TO INCLUDE A DAY PORTER AT NEW CITY r .r.,;. ..,. . ,. .. . : • . .. . . � 910 HAL�, TWICE A WEEK AND J.ANITORIAL SUPPLIES FOR NEW CITY HALL. C. REGARDING FIREWORKS PROP05AL FOR 1996 FOURTH OF JULY CELEBRATTON, ACCE�'TING ALPHA LEE ENTERPRISES CONTRACT IN THE AMOUNT OF $12,000. D. AUTHORIZF APPRAISAL AND SAL� OF ABANDONED WATER WELL SITE IN TOWER ESTATES SUBDIVISIf)N TO ADJQINING PROpERTY OWNER, MR. W. L. EDWARDS. F. MINUTES OF MAY 6, 13, AND 20. 1996. SECONDED BY COUNCILMEM$ER LOWE. THE MOTION PASSED UNANIMOUSLX. A MOTION WAS MADE AND APPROVED TO ADJOURN AT a:55 P.M. a�..�..�.-Gei } yrJ? / .G'((�Y�ZC?..r�.� .�_.., MAYOR �JJELYN B. NEWMAN ATTEST: , , DELOR S MCKENZI , T C CITY SECRETARY � � i � II � ! ___� i ,' ' .. I' r:. i