HomeMy WebLinkAboutCC Minutes 1996-08-19 Regular 966
STATE OF TEXAS • ) (
CTTY OF FRIENDSWOOD ) (
COUNTIES OF GALVESTON/HARRIS ) (
AUGUST 19, 1996
MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD
ON AUGUST 19, 1996 AT 5:30 P.M. AT FRIENDSWOOD CITY HALL, 910 S. FRIENDSWOOD
DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT CONSTITUTING A QUORUM:
MAYOR EVELYN B. NEWMAN
'����", NIAYOR PRO TEM JANIS LOWE
COUNCILMEMSER KITTEN HAJECATE
. I COUNCILMEMBER �TERRY ERICSSON
Cf�UNCTLMEMBER TOM MANISON
COUNCILMEMBER MEL AUSTIN
COUNCILMEMBER ALINE DICKEY
C:LTY ATTORNEY JOHN OLSON "
C:ITY MANAGER RON COX
CITY SECRETARY DELORIS MCKENZIE
MAYOR NEWMAN CALLED THE MEETING TO ORDER.
COUNCIL CONVENED INTO EXECUTIVE SESSION PURSUANT TO TEXAS GOVERNMENT CODE
ACCORDING TO SECTION 551.071 - CONSULTATION WITH ATTORNEY CONCERNING PENDING
OR CONTEMPLATED LITIGATION; A SETTLEMENT OFFER; OR A MATTER IN WHICH THE
DUTY OF THE ATTORNEY IS REQUIRED AND SECTION 551-Q72 - DELIBERATION
REGARDING REAL PROPERTY.
COUNCIL RE-CONVENED INTO OPEN SESSION WITH ACTION TAKEN LATEI2 IN THE MEETING.
THE INVOCATION W�S GIVEN BY COUNCILMEMBER HAJECATE.
PLEDGE OF ALLEGTANCE WAS LED BY MAYOR NEWMAN.
CHARTER REVIEW COMMISSION CHAIRMI�N STEVE HUFF'MAN APPEARED BEFORE COUNCIL AND
� PRESENTED THE CHARTEFt REVIEW COMMIS�ION REPORT WITH TWENTY PROPOSED
� � AMENDMENTS OR CORRECTIONS TO THE CHARTER. CHAI:RMAN HUFFMAN INTRODUCED THE
' CHARTER REVIEW COMMISSION AI�tD REPORTED THE COMMISSION WOULD BE AVAILABLE TO
WORK5HOP THE CHARTFR REPOY2T WITH COUNCIL AT A DATE TO BE DETERMINED,
POSSIBLY IN OCTOBER.
A HEARING WAS HELD TO RECEIVE INPUT, EITHER ORAL OR WRITTEN FROM OWNERS AT
1408 50UTH FRIENDSWOOD DRIVE REGARDING REPORT OF CITY BIJ:LLDING AND FIRE
OFFICIALS THAT SUBSTANDARD STRUCTURES EXIST AT SUCH LOCATION.
MR. TERRY BYRD, FIRE MARSHAL, AND MS. LINDA TAYLOR, ACTING BUILDING OFFTCIAL
REVIEWED BUILDTNG CODE AND LIFE �AFEZ'Y CODE VIOLATIONS WIfiH A SLIDE
PRESENTATION DEPI:CTING THE VIOLATIONS. MS. TA'.�LOR RECOMMENDED WITH MR. BYRD
CONCURRING, THE BUILDINGS BE DECLARED SUBS��CANDARD AND NO MORE THAN THREE
MONTHS BE GRANTED FOR REPAIRS AFTER BUILDING PERI��ITS ARE ISSUED.
MR. DAVID KAHNE, LEGAL DIRECTOR WITH C"LAE2K REED CIVIL LIBERTIES REPRESENTED
SON LIGHT MISSIO]V AND PASTOR LOGAN. MR. KAHNE CALLED MR. JIM BABB, MR. J.
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D. WIER, DEACON HOOD AND MRS. SUE HOOD, AND PASTOR MTKE LOGAN TO PRESENT
INFORMATION REGARDING THE CONDITION AND PROPOSED REPAIRS TO THF BUILDINGS.
MR. DAVID BURDEN APPEARED BEFORE COUNCIL AND STATED THERE ARE BUILDING
REQUIREMENTS EVERYWHERE AND EVERYONE HAS TO COMPLY MR. BURDEN EXPRESSED HIS
SUPPORT OF THE CITY'S ACTION IN DE:CLARING THE BUILDYNGS SUBSTANDARD AND
ENSURING SAFE LIVING AREAS.
MR. KAHNE STATED HE DID NOT AGREE WITH SOME OF THE REPORTS BLTT STATED IS NO
THREAT, NO RTSK, NO ONE IS IN THE BUILDTNGS, ELECTRICITY :CS TURNED OFF,
POSING NO THREAT, THEREFORE NO NEED FOR THE CITY TO PASS AN ADDITIONAL �,
ORDER. MR. KAHNE REQUESTED COUNCIL WORK WITH THE CHURCH TO EXPEDITE THE
PROCESSING OF PERMITS AND ALLOW THE NII5SION TO MAKE REPAIRS A1�D COME BACK IN
30 DAYS TO PRESENT A PROGRESS REPORT AND THEN IF COUNCIL DE7'ERMINES, COULD �
RESUME THE HEARING AND THEN IF NECrSSARY, ADOPT THE PROPOSED ORDER.
MAYOR NEWMAN CLOSED THE HEARING AT 8:40 P.M.
**COUNCILMEMBER AUSTIN MOVED �OR ADOPTION OF AN ORDER WHICH Y�IAS READ IN ITS'
ENTIRETY DECLARZNG SON LIGHT NIISSION, 1408 SOUTH FRIENDSWOOD DRIVE,
FRIENDSWOOD, TEXAS 77546, AS a"UBSTANDARD, ORDERED REPAIRS WITH A 60 DAY
DEADLINE OF OCTOBEI2 18, 1996.
SECONDED BY COUNCILMEMBER DICKEY. MOTION WAS APPROVED UNANIM017SLY.
COUNCILMEMBER HAJECATE THANKED EVERYONE FOR ATTENDING TI�E MEET:LNG.
COUNCILMEMBER ERTCSSON REPORTED HE ATT�NDED THE CLEAR CRE;EK COUNCIL OF
CITIES MEETING AND THE SPEAKER PRESENTED INFORMATION ON THE PITFALLS OF
EVALiJATIONS.
COUNCILMEMBER MANISON REPORTED HE IS SERVING ON THE GALVESTON COUNTY GRAND
JURY AND COMMENDED FRIENDSWOOD POLIC� OFFICER JON TOLI,ETTE FOR HIS
Pt�ESENTATION REGARDING A FRIENDSWOOD CASE, REPORTED ON ATTENDING THE TML
REGION 14 MEETING TN CONROE AND ATTENDING THE HARRIS COUNTY MAYORS' AND
COUNCILS; MEETING WITH GULF COAST WASTE AUTHORITY PRESENZ'TNG A PROGRAM
REGARDING VARYING liSE5 OF SLUDGE.
COUNCILMEMBER AUSTIN REPORTED HE HAS ATTENDED A LOT OF MEETINGS AND REPORTS ��
WILL BE ON FILE.
COUNCILMEMBER DICKEY REPORTED ON THE NEW TEXAS DEPARTMENT OF TRANSPORTATION
SIGNS ON FM 518 POINTING TO '.PHE �-IIS7'ORTCAL MARI�ERS ON F'M 51$ AND STATED IT
WAS A PRIVILEGE WORKING WITH MS. BAKER, LOCAT, HISTORIAN, ON THIS PROJECT.
COUNCILNIEMBER DICKEY REPGRTED ON ATTr��IDING THE TML REGION 14 AND THE HARRTS
COUNTY MA�.'ORS' AND COUNCILS' NTEETIIVGS.
COUNCILMEMBER LOWE REPORTED ON ATTENDTNG THE TML REGION 14 MEETING IN
CONROE, REPORTED ON ATTENDING A MEETING IN AUSTIN ON THE UTILITIES AND
ENVIRONMENT COMMITTEE, ATTENDED THE PLANNING AND ZONING MEETING WITH ,
DISCUSSION ON THE ZONING BOARD OF AUJUSTMENT ISSUES ON SIDEYARDS, REPORTED
THE GALVESTON COUNTY LAWSUIT ON THE CLEAR CREEK CORPS OF EN(�INEERS PROJECT
HAS BEEN SETTLED WHICH WILL ALLOW THE CLEAR CREEK PROJEC;T TO PROCEED.
COUNCTLMEMBER LOWE REMINDED EVERYONE THAT SCHOOL IS BACK IN SESSION AND
REPORTED TX DOT IS WORKING WITH THE CITY ON THE SCHOOL ZONE AREA FOR
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BROOKSIDE INTERMT'DIATE ON FM 528 AND WISHED CI'I`Y SECRETARY DELORIS MCKENZIE '
A HAPPY 50TH BIR7.'HDAY!
MR. BOB HAMMOND APPEARED BEFORE COUNCIL WITH A PRESENTATION ON STREET LIGHTS
AND ALL TYPES OF OUTDOOR LIGHTING. MR. HAMMOND REPORTED THERE ARE FOUR MAIN
PROBLEMS WHICH A.RE 1. GLARE, 2. ENERGY, 3. LIGHT TRESPASS, AND 4. UPI,IGHT.
MR. HAMMOND REQUESTED COUNCIL TO CONSIDER AN ORDINANCE CHANGING STREET
LIGHTS TO HIGH PRESSURE 50DIUM WITH INSTAZLATION OF SKY CAPS WITH A 3/4 YEAR
PHASE IN. MR. FiAA'II�iOND REPORTED THERE ARE 4 STREET LIGHTS WITH SKY CAPS ON
PINE HOLLOW AND URGED COUNCIL TO VIEW THE ADVANTAGE OF SKY CAPS WHICH WILL
KEEP THE COUNTRY IN FRIENDSWOOD AND SAVE TAXF'AYERS MONEY.
. MR. BOB 30NES, WHO RESIDES ON PINE HOLLOW SPOKE IN SUPPORT OF MR. HAMMOND'S
PROPOSAL .AND URGFD COUNCIL TO VIEW THE NEW STREET LIGHTS.
COMMUNITY APPEARANCE BOARD MEMBERS DOROTHY STUART AND SUSIE WESTPHAL AND
OTHER MEMBERS PRESENTED THE CITY WITH A FRAMED 1996 "KEEP TEXAS BEAUTIFUL
COMMUNITY'" AWARD. MAYOR NEWMAN THANKED THE COMMUNITY APPEAR.ANCE SOARD
MEMBERS FOR THIS DEDICATION TO THE CITY AND PRESENTED THE MEMBERS WITH CITY
PINS.
CITY MANAGER RON COX REPORTED THAT THE POQL HOURS WILL NOT BE EXTENDED AS
REQUESTED BY SEVERAL CITIZENS BECAt1SE DIRECTOR OF COMMUNITY SERVICES JON
BRANSON WAS UNAESLE TO FIND LIFEGUARDS TO MAN THE POOL FOR THE EXTENDED
HOURS. MR. COX ALSO 5TATED THAT NEGQTIATIONS BETWEEN THE GiJLF COAST
COALITION OF CITIES (GCCC) P.ND TEXAS-NEW NlEXICO POWER MAY HAVE CEASED, AT
LEAS� FOR THE TIME BEING. CURRENTLY, THE CASE WILL BE HANDLED MORE FORMALLY
THROUGH THE PROCEDURES OF THE PUC. HOWEVER, TNP IS WORKING TO ESTABLISH A
MEETING THIS NEX'.P WEEK TO FURTHER DISCUSS THE ISSUE. MR. COX REPORTED THAT
MEETINGS WITH THE TEXAS COALTTION OF CITIES ON FRANCHISED UTILITIES ISSUES
AND THE ELECTT2IC COMMITTEE CONTINUE RFGAl2DING A WORK PROGRAM FOR THE
ORGANIZATTON AND THE MOST TALKED ABOUT ISSTJE IN THE LEGISZATURE THIS SESSION
MAY BE COMPETTTION THROUGH THE DEREGULATION OF EI.,ECTRIC UTILITIES.
' COUNCILMEMBER LOWE REPORTED ON THE H.L.& P. RATE CASE IN WHICH THE
� SETTLEMENT INCLUUED INSTALLATION OF STREET ]�IGHTS AND THE CITY SHOULD MOVE
FORWARD QUICKLY ��ND REPORTED BOTH POWER COMANIES HAVE FINALLY AGREED TO PAY
THE BILLS ACCORDING TO THE AGREEMENT IN THE I.R.P. CASE. -
COUNCILMEMBER LOWE ASKED ABOUT THE CORRESPONDENCE RECEIVED FROM TX DOT
REGARDING THE M]:TIGATION OF A PORTION QF THE BAY AREA BLVD. PROJECT IN
LEAGUE CITY AND SUGGESTED THE CITY' OFFER TO TAKE THE DIRT INVOLVED FOR THE
CENTENNIAL PARK WITH CITY MANAGER COX ADVISING HE WILL SEND CORRESPONDENCE
OFFEI2ING THE SITE FREE OF CHARGE.
COUNCILMEMBER LOWE ASKED FOR AN UPDATE ON THE ACQUISITION OF R.O.W. FOR BAY
AREA BLVD. WITH MAYOR NEWMAN REPORTING SHE HAS SPOKEN TO CAROL LETZ WITH TX
DOT AND THE DEADLINE FOR THE R.O.W. HAS BEEN EXTENDED TO OCTOBER AND
REPORTED THAT THE H�LMES EASEMENTS T�VE BEEN SIGNED, MS. LETZ TS WORKING
'�IITH THE GORDONS AND EXPECTS THEM TO SIUN SOON AND IS STILL WORKING WITH
DAVID TOWERY ON THE 321 ACRE SITE FOR EASEMENT DONATION5.
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COUNCTLMEMBER LOWE ASKED WHrN STAFF WOULD HAVE THE DRAINAGE PLAN FOR
CENTENNIAL PARK WITH DOUG KNEUPPEl3, COMMUNITY DEVELOPMENT DIRECTOR ADVISTNG
THE PLANS WILL BE FINISHED BY OCTOE3ER 1, 1996.
COUNCILMEMBER HAJECATE STATED IF THE CITY IS 5UCCESSFUL IN GE;TTING THE DIRT
FROM THE MITIGATION PROJECT FROM BA'Y AREA BLVD. , THIS MAY C:[-iANGE THE TIME
FRAME FOR THE COMPLETTON OF THE DRAINAGE PLAN AND MOVING DIRT.
**COUNCILMEMBER DICKEY MOVED TO APPROVE THE CITY OF PEARI�AND'S APPLICATION
FOR PLANNING GRANT ASSISTANCE WITH TH� TEXAS WATER DEVELOPMENT BOARD.
SECONDED BY COUNCSLMEMBER ERICSSON.
***COUNCILMEMBER AUSTIN AMENDED THr MOTION TO APPROVE THE APPLICATION
PROVIDED THE CITY OF FRIENDSWOOD AND THE CZEA.R CREEK REGIONAL STEERING
COMMITTEE HAS THE OPPORTUNTTY TO REVIEW AND PROVIDE INPUT TO THE PROPOSED
PLAN.
SECONDED BY COUNCTLMEMBER DICKEY. THE MOTION WAS APPROVED UNANIMOUSLY.
****NIAIN MOTION, AS AMENDED, WAS APPROVED UNANIMOUSLY.
**COIINCILMEMBER MANISON MOVED TO �PPROVE RESOLUTION T96-21, A RESOLUTION OF
THE CITY' OF FRIENDSWOOD, GALVESTON AND HARRIS COUNTIES, TEXAS, ENCOURAGING
THE TEXAS DEPAR2'MENT OF TRANSPORTATION TO RENAME STATE ROADWAY FM 528 WITHIN
'PHE CTTY LTMITS OF �'RIENDSWOQD TO WEST NASA ROAD ONE FROM I45 `.CO HWY. 35
SECONDED BY COUNCILMEMBER AUSTIN. THE MOTION WAS APPROVED UNANIMOUSLY.
**COUNCILMEMBER HAJECATE MOVED TO AE�PROVE ORDINANCE T96-16, SECOND READING
OF AN ORDINANCE AMENDING APPENDIX C OF THE FRIENDSWOOD C7TY CODE, SAID
APPENDIX C BEING THE ZONING ORDIN7�NCE OF THE CITY, BY STRIKING FROM SECTION
15 THEREOF ALL OF SUSSECTIONS B AND E AND SUBSTITUTING THERFOR NEW
SUBSECTTONS B AND E; PROVIDING TIiAT T.HE PLANNING AND ZONING COMMISSION SHALZ
MAKE FINAL REPORTS TO THE CITY' COUNCIL REGARDING PROPOS:ED CHANGES TO
DISTRICT HOUNDARIES 012 REGULATIONS WITHIN THTRTY (30) DAYS FOLLOWING THE
CLOSE Ok THE PUBLIC HEARING THEREON; REMOVING THE REQUIREMENT THAT THE
AFFIRMATIVE VOTE 0� FIVE MEMBERS OF CITY COUNCIL IS NECESSARY TO ADOPT A
CHANGE TO A DISTRICT BOUNDARY OFt REGi7I,ATION WHEN THE PLANNING AND ZONING
COMMISSION DOES NOT RECOMMEND APPROVAL OF SUCH CHANGE; PROVTDING THAT THE - --
AFFIRMATIVE VOTE OF TH12EE-FOURTHS OF 2'HE MEMBERS OF CITY COUNCIL IS REQUTRED
TO ADOPT ANY' CHANGE TO A DISTRICT 330UNDARY OR REGULATION IN THE EVENT OF
WRITTEN PROTEST OF THE OWNERS OF TWENTX PERCENT (20%) OR MORE OF EITHER THE
AkEA OF LGTS ADJOINING SAME AND EXTENDING 200 FEET THFREFROM,; AND PROVIDING
rOR SEVERABILITY.
SECONDED BY COUNCILMEMBER LOWE. THE MOTION WAS APPROVED UNANIMOUSLY.
*'�COUNCILNIEMBER AUSTIN �IOVED TG APPROVE FIRST READING GF ORI)INANCE T96-17,
AN ORDINANCE ALTERING THE PRIi�lA FACIE SPEED LIMITS ESTABLISHE;D FOR VEHICLES
UNDER THE PROVISIONS OF ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUES, UPON
THE BASIS OF AN ENGINEERING AND AND TRAFFIC INVESTIGATIONS, UPON CERTAIN
STREETS AND HTGHWAYS, OR PARTS THEREOF, AS SET OUT IN THIS ORDINANCE, AND
PROVTDING A PENALTY OF A FINE NOT `.PO EXCEED $200.00 FOR THE VIOLATION OF
THIS ORDINANCE.
SECONDEA BY COUNCILMEMBER DICKEY. THE MOTION WAS APPROVED UNAIVIMOUSLY.
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**COUNCILMEMBER HAJECATE MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED.
A) PAYMENT OF CAPITAL PROJECT - 1. 1996 CONCRETE STREET IMPROVEMENT PROGRAM
- FOURTH AND F:CNAL PAYMENT IN THE AMOUNT OF $14,170.83 TO DAVID WIGHT
CONSTRUCTION CO. , INC. FOR CONSTRUCTION OF CONCRF?TE STREETS ON LAUREL, DAWN,
AND MCTSTANG DRIVE DURING JULY. THIS PAYMENT REPRESENTS 5 PERCENT RETAINAGE
LESS $405 FOR RETESTING TO BE PAID BY TH� CONTRACTOR. 2. PHASE II LIBRARY
RENOVATIONS - PA'YMENT" TO HALL/MERRIMAN ARCHITECTS FOR PHASE II ARCHITECTURAL
DESTGN SERVICES AND REIMBURSABLE EXPENSES IN THE AMOUNTS OF $105 AND $540.66
RESPECTIVELY DURING JULY 1996. THE BIDllING PHASE IS 30 PERCENT COMPLETE.
„ 3. COWARD'S CRFEK 24" SEWER LINE - PAXMENT IN THE AMOUNT OF $11,067.00 TO
DAVID WIGHT CONSTRUCTION C0. , INC. FOR REPL2�CENLENT OF 300 FEET OF 24" SEWER
LINE ALONG COWARD'S CREEK AT FM 518 AND FRIENDSWOOD LINK ROAD. 4. RANCHO
V1EJ0 SANITARY �>EWER AND LIFT STATION - FIRST PAYMENT TO MEB ENGINEERING,
INC. FOR CONSTRLICTION OF A SANITARY SEW�?R AL�1D LIFT STATION DURING Ji3LY IN
THE AMOUNT OF I,$72,909.27. THE PRdJECT IS 10 PERCENT COMPLETE. NINTH
PAYMENT TO WAYNE SMITH & ASSOCIATES FOR ENGINEERING SERVI�ES ON SEGMENTS A,
B, C AND D OF THE RANCHO VIEJO SANITARY SEWER AND LIFT STATION DURING JULY
IN THE AMOUNT OF $10,380.52. CONSTRUCTION ENGINEERING IS 15 PERCENT
COMPLETE. THIS PROJECT IS FUNDED FROM 1995 CERTIFICATE OF OBLIGATION
PROCEEDS. TOTAL CONSENT AGENDA PAYMENTS WERE $109,173.28. B. DISPOSITION
OF BID 96-16: 1996 DRAINAGE PROJECTS - STAFF RECOMMENDS LOW BID FROM E.E.I. ,
PIPELINE CONSTRUCTIQN IN THE AMOUNT OF $40,987.50. C. ESTABLISH COUNCIL '
MEETING DATES F�OR SEPTEMBER 1996 - BECAUSE OF THE LABOR DAY HOLIDAY
SEPTEMBER 2, THE COUNCIL REGULAR MEETINGS WILL BE SEPTEMBER 9 AND 23 AND THE
WORR SESSION ON SEPTEMBER 16. D. APPROVE REVISIONS TO COMMUNITY APPEARANCE
BOARD'S BYLAWS - CAB WILL MOVE SOME OF THE:LR REGULAR MENIBERS TO ALTERNATES
AND RECOMMEND AFPOINTMENT OF OTHER MEMBERS TO FILL THOSE VACANCIES. E.
SCHEDULE DATE Tt� HOLD PUBLIC HEARING ON SEPTEMBER 9, 1996 REGARDING THE
PROPOSED F`Yy6-97 BUDGET AND ADOPTION OF A TAX RATE. F. APPROVE LICENSE
AGREEMENT TO PLACE A BANNER ACROSS FM 518 FOR THE C�-IAMBER OF COMMERCE (FALL
TRADE SHOW) SEPTEMBER 16-23, 1996 AND HOPE LUTHERAN CHURCH (HOPEFEST)
SEPTEMBER 30 THROUGH OCTOBER 6, 1996. G. PROPERTY TAX REPORT FOR THE MONTH
OF JUZY 1996. F. MINUTES OF AUGUST 13, 1996.
SECONDED BY COUN(�ILMEMBER MANISON. THE MOTION PASSET� (JNANIMOUSLY.
A MOTION WF�S 1�IAD�, AND PASSED TO ADJOURN AT 1Q:10 P.M.
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MIaYOR ELYN B NEWMAN
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DELORIS MCKE ZTE, TRM
CITY SECRETARY
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