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HomeMy WebLinkAboutCC Minutes 1997-04-21 Regular 1095 CITY OF FRIENDSWnOD )( STATE OF TEXAS )( COt3N�IES OF GALVF'sSTON/HARRIS )( APRIL 21, 1997 ) ( MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, APRII� 21, ' 1997 AT 6:00 P.M. AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WI�H THE FOLLOWING PRESENT CONSTITUTING A QUORUM: ���, M�YOR EVELYN B. NEWMAN M7�.YOR PRO TEM JANIS LOWE CUUNCILMEMBER KITTEN HAJECATE � COUNCILMEMBER JERRY ERICSSON COUNCILMEMBER TOM MANISON COUNCILMEMB�R MEL AUSTIN COUNCTLMEMBER ALINE DICKEY C2TY MANAGER . RON COX C:ITY SECRETARY DELORIS MCKENZIE MAYOR NEWMAN CAL7'.,ED THE MEETING TO ORDER. I� , COUNCIL CONVENEI) INTO EXECUTIVE SESSIQN IN ACCORDANCE WITH THE. TEXAS ' GOVERNMENT CODE� PURSUANT TO SECTION 551.71, CONSULTATION WITH ATTOR.NEY CONCERNING PENDTNG OR CONTEMPLATED LITIGA�.'ION; A SETTLEMENT OFFER; OR A MATTER IN WHICH THE DUTY OF THE ATTORNEY REQUIRES IT AND SECTION 551.074, PERSONNEL MATTERS. COUNCIL RE-CONVENED INTO A WORK SESSION WITH ACTION TAKEN FROM THE EXECUTIVE SESSION LATER IN THE MEEfiING. CHARLIE BEERE, REPRESENTING WAYNE SMITH AND ASSOCIATES, PRESENTED A STATUS REPORT ON RANCHO VIEJO SANITARY SEWER SERVTCE AND LIFT STATION PROJECT AND CONTRACTOR, MEB I�NGINEERING. COUNCIL RECESSED AT THIS TIME FOR A CANDLELIGHT VIGIL FOR LAURA SMITHER. MRYOR NEWMAN CALLED THE REGULAR SESSION TU ORDER AT 7:00 P.M. MAYOR NEWMAN MADE A STATEMENT REGARDING `.PHE ABDUCTION AND MURI3ER LAURA SMITHER AND ASKEI) EVERYONE TO OFFEIZ A SILE.NT PRAYER FOR LAURA. MAYOR NEWMAN LED THE PLEDGE OF ALLEGIANCE TO THE STATE OF TEXAS AND TO THE UNITED STATES. COUNCILMEMBER LOI+�TE AWARDED TO FRANK WEBB, DEFENDER OF COUNCIL ON BEHALF OF THE COMMUNITY AI�fD THANKED ALL THE VOLUNTEERS AND THEIR SUPPORT IN WORKING FOR CHANGE IN LEGISLATION REGARDING MISSING CHILDREN AND SEX OFFENDERS, STATED THAT TODAX IS SAN JACINTO DAY, THE FRIENDSWOOD FRIENUS CHURCH GROUND BREAKING, ATTENDFsD THE SALUTE TO GALVESTON COUNTY JUDGE JAMES YARBROUGH WITH OTHER COUNCIL MEMB�RS, AND STATED THAT SHE KNOWS THE COMMUNITY IS VERY SADDENED OVER THE DEATH OF LAURA SMITHER ANll THAT IT IS DIFFICULT TO FIND A WAY TO COMFORT EACH OTHER. � � , i �...___..._. �...___ ..............___..... �., .� .. .........,.-.m.�..��..,w.., ....,.,.....;. �..,.....�,., ... .�......�..._, .... ' . . ._ . _ .. -- - 1096 COUNCILMEMBER DICKEY STATED THAT SHE HOPES THE SMITHER FAMILY KNOWS THAT THE COMMUNITY CAME TOGETHER IN THE ABDUCITON OF LAURA SMITHER, ATTENDED THE PARKS BOARD MEETING, HARRIS COUNTY MAYORS AND COUNCILS' MEE'TING (H.C.M.& C. ) , THE PUBLIC HEARING ON APRIL 16 REGARDING CLEAR CREEK DRAINAGE DISTRICT {C.C.D.D. ) REGARDING SOME PROBLEMS, NOTED THE INCIDENT HAPPEN�D LAST COUNCIL MEETING REGARDING THE RECALL OF MAYOR NEWMAN FROM THE CENTRAL APPRAISAT, DISTRICT, THANKED COUNCILMEMBER LOWE FOR DEFENDING NOT ONLY COUNCIL BUT DEFENDING THE MAYOR, AND STATED THAT SHE IS PROUD OF COUNCILMEMBER I,OWE'S ACTION. COUNCILMEMBER AUSTIN REPORTED ON ATTENDIN� THE C.C.D.D. MEI3TING REGARDING AERIAL MAPPING, ATTENDED THE T.M.L. REGION 14 NfEETING, ATTENDED THE ROAST OF JUDGE JIM YARBROUGH ,HOSTED BY THE LEAGUE OF WOMEN VOTERSy THE EPA BRIO PUBLIC HEARING, THE C.C.D.D. PUBLIC HEARING REGARDING INCRE',ASING TAXES OR DELAYING PROJECT, AND THE H.C.M. & C. MEETING. COUNCILMEMBER MANISON REPORTED ON ATTENDING JUDGE YARBROUGH'S ROAST, T.M.L. REGION 14 MEETING, WATERS DAVIS SOIL CONVERSATION MEETIN�, H-GAC COUNCIL OF GOVER.NMENTS MEETING, ATTENDED THE MEETING REGARDING THE TREE ORDINANCE, AND ATTENDED THE CLEAR LAKE AREA ECONOMIC DEVELOPIKENT FOUNDA�`ION MEETING REGARDING THE "KEEP IT SOLD" PROJECT FOR NASA. COUNCILMEMBER ERIGSSON REPORTED ON THE MEETINGB AT THE LAURA RECOVERY CENTER AND THE AMAZING EFFORT'S OF THE VOLUNTEERS, STATED Tf3AT CHIEF' STOUT HAS DONE MIRACULOUS THINGS, STATED HIS SLOGAN IS "I'M A HEALER AND A HUNTER", AND WISHED HIM THE BEST OF LUCK TN HIS EFFORTS. COUNCILMEMBER HAJECATE REPOATED ON ATTENDING THE F.I.S.D. MEETING WHERE MAYOR NEWMAN WAS HONORED FOR 26 YEARS OF' DEDICATION TO THE SCHOOL DI5TRICT, ATTENpED �HE T.M.L. RE;GION 14 MEETING, SENIOR C]:TIZENS MEETING WHICH WAS A COUNTY WTDE PICNIC, THE ROTARY'S MEET THE CAND:CDATES MEETING, THE PRAYER BREAKFAST WHERE MAYOR NEWMAN WAS THE GUEST SPEA�R, H.C.M &.C. WITH GUEST SPEAKER BOB GILLETT GIVING A REPORT ON THE WIDENING OF THE SHIP CHANNEL, READ A PORTION OF A H-GAC RESOLUTION REGARDING HONORING CITY SECRETARY DELORIS MCKENZIE FOR ELE;CTION EFFORTS FOR TEACHING ]:,LECTION LAW TO � CITIES, COUNTIES, SCHOOL DIS�'12ICTS, AND DRAINAGE DISTRICTS FOR THE LAST FIVE YEARS, AND STATED THA� THE CITY OF FRIENDSWOOD SHOWED THP.� IT IS STILL A FAMILY COMMUNITY THROUGH TTS EFFORTS IN THE LAURA SMITHER CA5E. ��� MAYOR NEWMAN REPORTED ON ATTENDING THE GROUND BREAKING AT FRIENDSWOOD FRIENDS CHURCH, ATTENDED THE ROAST OF JUDGE JAMES YARBROUGH, COMMENDED THE LAURA SMITHER RESCUE CENTER, THE MANY VOLUNTEERS, THE HEIDI C�ROUP, AND MIKE BARKER. � MAYOR NEWMAN PROCLAIMED SATURDAY, APRIL 26, 1997 AS SPRING SPARKLE DAY AND THAT OLD CITY PARK WILL BE THE DROP-OFF POINT. COUNCILMEMBER LOWE REMINDED EVERYONE THAT THERE WILL BE A CANDIDATES FORUM ON MONDAY, APRIL 28 BEGINNING AT 6:30 AND THE PUBLIC IS :CNVITED. MR. FRANK WEBB APPEARED BEFORE COUNCIL AND ASKED ABOUT THE STATUS OF' 300 STONEHENGE, A SUBSTANDARD BUILDING. .._.; I � t ' 1097 CITY MANAGER COX REPORTED ON THE RANCHO VIEJO SANITARY SEWER SERVICE AND THE TIME EXTENSION FOR THE MEB CONTRACT DUE TO RAIN; NO PARKING SIGNS INSTALLED IN ACCORDANCE WITH ORDINANCE :l00 ON THE NORTH SIDE OF THE 1200 BLOCK OF WINDIPZG WAY. MR. COX ALSO REPORTED THAT MELVIN MEINECKE, DIRECTOR OF PUBL:IC WORKS, INFORM�D THE CITY OF A MAJOR SEWER LINE BREAK AT A MANHOLE REQUIRING EXTENSTVE REPAIR. 'rHE LOCATION WAS #1 WHITTIER IN QUAKERS LANDING SUBDIVISION AND THA� DISC'HARGE WAS GOING IN TO CLEAR CREEK. MATERTALS HAVE BEEN ORDERED AND REPAIRS ARE SCHEDULED TO BEGIN APRIL 21 AND ESTIMATED COSTS ARE A.PPROXIMATEI�Y $20,000. MR. COX ALSO REPOR�ED ON SWIMMZNG POOL REPAIRS, TNP SETTLEMENT NEGOTIATTONS AND THAT THE PUBLIC ' WORKS DEPARTMENT RECEIVED A CERTIFICATE OF OUTSTANDING PERFORMANCE FOR THE OPERATION �F T�TE CITY'S WATER SYSTEM FROM THE TEXAS NATURFLL RESOURCE CONSERVATION COMMISSION ( TNRCC) . THIS CERTIFICATE IS FOR 5 CONSECUTIVE YEARS OF NO VIOLATIONS OF WATER TREATMENT STANDARDS FOR COLIF'ORM. MR. COX ALSO STATED TO COUNCIL THAT THE VISION 2001 PACI�TS WERE GIVEN OUT TO COUNCIL THIS EVENING. THIS PACRET CONTAINED SUBJEC'FS FROM THE RETREA� REGARDING THE MISSION STATEMENT, GOALS OF COUNCIL AND COMMITTEES AND EXPECTATIONS OF COMMITTEES. COUNCILMEMBER EFtICSSON ASKED IF THIS WAS THE FIRST TIME PUBLIC WORKS RECEIVED THIS CERTIFICATE FROM TNRCC ViIITH MR. COX RESPONDING YES. COUNCILMEMBER ERICSSON ASKED HOW MANY OTHER CITIES RECEIVED THIS CERTIFICATE AND MR. COX STATED THAT O�fiER THAN ALVIN, HE DID NOT KNOW. COUNCILMEMBER ERICSSON ALSO ASI�D ABOUT THE SWIMMING POOL REPAIRS AND COA'iN![JNI2'Y DEVELOPMENT DIRECTOR JON BRANSON STATED THAT THERE IS A ONE-YEAR WARRANTY TO DO THE REPAIRS AND THAT THE W�RK HAS JUST BEEN COMPLETED. COUNCILMEMBER DI:CKEY ASZCED ABOUT THE BIKE COMMITTEE AND THE B2KE LANES NEEDING CLEANING ON SUNSET AND WHAT T.HE CITY IS DOING WITH COMMUNITX SERVICES DIRECTOR BRANSON RESPONDING THAT THE CITY IS NOT DOING ANYTHIN6. MR. COX STATED THAT THEY COLTLD CONTRACT TO I�AP,VE THE STREE� SWEEPER SINCE THE HIGHWAY DEPARTMENT DOES NOT SWEEP OTHER THAT STATE HIGHWAYS AND MR. COX FURTHER STATED THAT HE COULD CHECK THE COST TO JUST DO THE BIKE PATH AND THAT MELVIN METNECKE WILL GET THE QUOTES. SIDNEY ALBRITfiON FROM THE BICYCLE COMMITTEE STATED THAT MAINTAINING A BIKE PA`.PH IS THE PROBLEM FOR RIDERS AND ��T��, STATED THE BTKE COMMTTTEE HAS LOOKED AT OTHER RESOURCES FOR VOLUNTEERS BEFORE ASKING THE CITY. COUNCILMEMBER DICKEY ASKED ABOUT THE POOL AND THE PATCHING THAT HAS TAKEN PLACE SINCE 1993 AND IS NOT FOR THROWING GOOD MONEY AFTER BAD AND WILL NOT SUPPORT THE USE OF THE NEW PRODUCT AGAIN. COMMUNITY SERVIC�S DIRECTOR BRANSON STATED THE COST IN 1993. FOR 'I'HIS NEW PRODUC� WAS $33,000 AND HAS TALKED TO LOCALS REGARDING THE COST FOR RE-PLASTERING WORK ON EXPANSION JOINTS .AND BELIEVEB THE PRODUCfi FAILED BECAUSE OF TI�iE �ONTRACTOR. COUNCILMEMBER DICKEY ASKED ABOIJT THE BROKEN SANITARY SEWER AND ASKEp IS THE SEWER STILL RUNNING WITH MELVIN MEINECK� STATING THPiT YES, HE HAS NOTIFIED EVERYON� AND IiAS ORDERED MA`PERIALS TO BEGIN WORK. COUNCILMEMBER LOWE" ASKED REGARDTNG THE POOL REPAIR AND IF ANY ACTION NEEDS TO BE TAKEN REGARDIN� THE POOL WITH THE CITY MANAGER STATING N0, JUST ADVISING. COUNCILMEMBER LOWE ASKED IF THE CITY ATTORNEY HAS LOOKED AT THE WARRANTY ON THE MANUFACTURER OF THE MATERIAL USED FOR THE POOL REPAIR WITH DIRECTOR BRANSON RESPONDING NO LEGAL ACTION IS BEING TAKEN. COUNCILMEMBER LOWE STATED THAT SHE WOULD LIKE THE CITY ATTORNEY LOOK AT THE WARRANTY OF THE PROJECZ' WITH DTRECTOR BRANSON STATINC; THE CITY ONLY PAID FOR LABOR THIS TZME AND RECEIVED THE MATERIAL AT NO CO�T. COUNCILMEMBER LOWE ASKED IF THE ,°--, � 1098 CITY GETS A PLAQUE FOR THE WATrR AWARD AND DIRECTOR. MEII�E�CKE READ THE CERTIFICATE. COUNCILMEMBER LOWE ASKED IF THE BIKE PATH ON SUNSET WOULD HOLD THE WEIGHT OF THE STREET SWEEPER WITH THE CITY MANAGER ADVISING YES. COUNCZLMEMBER LOWE SUGGESTED THE CITY CHECK WITH THE CITY OF PEARLAND AS TO CONTRACTING FOR USE OF THEIR STREET SWEEPER. COUNCILMEMBER LOWE ASKED WHO OWI35 THE MUSTANG CHANNEL AND CITY MANAGER COX RESPONDED THE CITY �OVERNMENT OW13S THE CABLE, AUTHORIZES ACCESS AND SCHOOL USE. COUNCILMEMBER LOWE ASKEII WHO SAYS WHAT CAN BE ON THE CHANNEI,, AND ASKED THE CITY MANAGER TO CHECK INTO THIS FOR THE CITY CANDIDATE DEBATE. COUNCILMEMBER LOWE �TATED THAT SHE MET WITH THE CITY MANAGER AND CONNIE STAGNER REGARDING POLITI:CAL SIGNS, AND ASKED THE CITY MANAGER TO INVESTIGATE AND MAKE A REeOI�II�SENDPt.TION REGARDING THE SIGN ORDINANCE. � COUNCILMEMBER HAJECATE STATED SHE MISUNDERSTOOD AND THOUGHT C",ANDIDATE NTGHT � - WAS FOR THE MAYORAL CANDIDATES, WITH COUNCILMEMBER I,OWE STATZNG THAT IT HAD BEEN CHANGED TO CANDIDATE NIGHT. COUNCILMEMBER DICKEY STATED THA� SHE THOUGHT THE CITY PICKED UP ALL ILLEGAL SIGNS OR WAS THIS SELECTIVE ENFORCENIENT WITFi CITY MANAGER COX STATING NO MA'AM. COUNCILMEMBER LOWE STATED REGARDING THE ELECTRIC UTILITY ISSUES, CITY MANAGER COX IS SERVING AS CHAIR OF THE UTILITIES CONSORTIUM, THE NATIONAL LEAGUE AND PUBLICLY RE'COGNIZED MR. COX FOR HIS PARTICIPA2'ION AND URGED CONTINUED ZNV'OLVEMENT AT BOTA THE STATE AND NATTONAL LEVELo COUNCILMEMBER LOWE ALSO REPORTED THAT THE CENTRAL APPRAISAL DISTRICT (C.A.D. ) NO2ICE5 ARE OUT AND NOW ARE SENT EAGH YEAFt IF THERE IS AN TNCREASE, AND DISCUSSED C.A.D. PROCEDURES, ASKED ABOUT THE CENTENNIAL PARK WEST AGREEMFNT WITH CITY ATTORNEY OLSON STATED YES, THE CI'i'Y HAS THE AUfiHORITY TO CON�IEY PROPERTY TO ANQ`I'HER GOVERNMENTAL ENTITY. COUNCILMEMBER LOWE ASKED WHEN WILL THE AGREEMENT BE EXECIJTED WITH CITY MANAGE� COX STATTNG THAT HE WII,L PROCEED AND FQRMALIZE AND BRING THE AGREEMENT TO COUNCIL. COUNCILMENIBFiR LOWE S�ATED THAT THE AGREEMENT DOES NOT APPEAR TO COVER THE ENTIRE 77 ACRES AND STATED THIS AGREEMENT IS TO COVER ALL ACRE�i WITH CITY M�INAGER COX �TATING HE WILI:i FINALIZE THE AGREEMENT P;ND MOVE FORWARD ON THE JOINT—USE AGREEMENT WITH FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT AFTER THE AGREEMENT I3 COMPLETED AND STAFF IS FINISHED REVTEWING IT. � COUNCILMEMBER LOWE REPORTED ON THE SAMPLE BALI,OT ]:N THE NEWSPAPER AND REMINDED EVERYONE TO VOTE ON SATURDAY, APRIL 26, FROM 8 TO 5:00 P.M. FOR EXTENDED EAR.LY VOTING. COUNCILMEMBERS LOWE AND DICI�Y ASI�D IF THE PROPOSITIONS SHOW WHAT FROM AND TO WYTH CITY ATTORNEY OLSON STATING THAT THE SAMPLE BALLOTS CAME EXACTLY' FROM THE RESOLUTIO�, THAT THE CHAR�;R ARE AVAILABLE TO THE �'UBLIC AND CITY SECRETARY MCKEN�IE STATED THAT THE CF�lARTER HAS BEEN PICKED UP BY A NUNIgER OF CITIZENS. **COUNCILMEMBER HAJECATE MOVED TO APPROVE ACTION REGARDING AUTHORIZATION TO ENTER INTO A JOINT CONTRACT WITH THE CITY OF ALVIN TO C()NTRACT WITH A CONSULTANT REGARDING TCI CABLE TELEVISION SERVICES. SECONDED BY COUNCILMEMBER ERICSSON. THE MOTION PASSED UNANIMOUSLY. io99 *'�COUNCILMEMBER LOWE MOVED TO APPROVE ACTION REGARDING AUTHORIZTNG REPAIRS TO A SUBSTANDARD STRUCTURE LOCATED AT 300 STONEHENGE IN ACCORDANCE WITH FRIENDSWOOD CITY CODE ARTICLE VII, SECTION 14.301. SECONDED BY COUN(:II,NlEMBER DICI�Y. THE MOTION PASSED UNANIMOUSLY. COUNCILMEMBER AUSTIN MOVED TO APPROVE ACTION REGARDING APPOINTMENT OF TWO MEMBEItS TO THE PLANNING AND ZONING COMMISSTION TO FILL UN-EXPIRED TERMS. ZEKIE MCVETGH W:ILL REPLACE MIKE WHITTENBUF2G AND MIKE STORY WILL REPLA�E BENNY BAKER. °° � SECONDED BY COUN(:ILMEMBER LOWE. THE MOTION �'ASSED UNANIMOUSLY. **COUNCILMEMBER HAJECATE MOVED TO APPROVE: ORDINANCE T97-7, SECOND AND FINAL READING OF AN ORDINANCE APPROVING THE PLANNING AND ZONING COMMISSION RECOMMENDATION REGARDING THE ZONING CHANGE REQUEST FOR 300 BLOCK OF E. PARKWOOD AVENUE, 1.8058 ACRES OF PROPERTY A�,SO KNOWN AS PART bF LOT H, PART OF LOT 16, VOSS SCTBDIVISION, GALVESTON COUNTY, TEXAS, FROM MULTI-FAMILY RESIDENTIAL-GARDLN HOME DISTRICT (MFR-GHD) TO NEIGHBORHOOD COMMERCIAL (NC) , AMENDTNG THE ZONING DISTRICT MAP OF THE CITY AS ADOPTED BY ORDINANCE N0. 84-15; AND CONTAINING OTHER PROVISIONS RELA`l.'ING TO THE SUBJECT; PROVIDING A PENALTY; AND PROVIDING FOR SEVERABILITY. SECONDED BY COUNCILMEM.BER MANISON. THE MOTIOId PASSED 6-0 WITH COUNCILMEMBER LOWE ABSTAINING. **COUNCTLMEMBER DICKEY MOVED TO TABLE FOR FURTHER CLARIFICATION ORDINANCE T97-8, SECOND �1ND FINAL READING OF AN QRDINANCE AMENDING THE CITY OF FRIENDSWOOD, TEX�1S, ORDINANCE 85-19, AS AMENDED, ORIGINALI�S� ADOPTED TE-IE 25TH DAY OF SEPTEMBER, 1985, BEING APPENDIX B OF THE FRIENDSWaOD CITY CODE, AND BEING AN ORDINANCE PROVIDTNG RULES AND REGULATIONS GOVERNING PLATS AND THE SUBDIVISION OF LAND WITHIN THE CITY, BY STRIKING THE FIRST PARAGRAPH OF SUBPARAGRAPH "a'" OF PARAGRAPH (3) OF SUBSECTION (b) OF SECTION IV ANI3 SUBSTITUTING THEREF'OR TWO PARAGRAPHS; PROVIDING THAT SUBDNISIONS CONTAINING LQTS OF NOT LEf>S THAN TWO (2) ACRES IN SIZE MAY BE ALLOWED TO CONTAIN STREETS HAVING :PAVEMENT WIDTHS OF NOT 'LESS THAN TWENTY FEET (20' ) UNDER CERTAIN CONDITIONS; PROVIDING OTHER MATTERS RELATING TO THE SUBJEC�; � PROVIDING A PENALTY OF AN AMOUNT NOT TO EXCEED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PR�VIDING FOR SEVERABILITY. SECONDED BY COUNCILMEMBER HAJECATE. THE MOTION PASSED UNANIMOUSLY. **COUNCILMEMBER LOWE MOVED TO APPROVE ORUINANCE NOe 97-9, AN ORDINANCE AMENDING APPEI3DIX C OF THE FRIENI�SWOOD CITY CODE, SAID APPENDIX C BEING CITY OF FRIENDSWOOD, TEXAS, ORDINANCE N0. 84-15, AS AMENDEI3, ORIGINALLY ADOPTED THE 19TH DAY OF NOVEMBER, 1984, AND BEING THE ZONING ORDTNANCE OF THE CITY, BX DELETING FROM THE REGULATION MATRIX FOR RESIDENTIAL DISTRICTS CONTAINED IN SECTTON 7.Q.3, THEREOF THE PROVISIONS APPI,ICAALE TO GARDEN HOME DISTRICTS AND SUBSTITUTING THEREFOR NEW PROVISIONS APPLICABLE. TO GARDEN HOME DISTRICTS, AND BY STRIKING NOTE "H" FOLI,OWING SUCH REGULATION MATRIX APPLICABLE TO RESIDENTIAL DISTRICTS AND STJSSTITUTING THERFi�R A NEW NOTE "H"; PROVIDING SETBAC'K REQUIREMENTS FOR SIDE AND REAR YARDS ADJACENT TO STREETS SHALL BE MEASUFtED F'ROM THE EDGE OF THE ADJACENT STREET RIGHT-OF-WAY; PROVIDING OTHER MATTERS RELATING TO THE SUBJECT; PROVIDING. A PENALTY OF AN AMOUNT NOT TO EXC�ED $2,000 FOR EACH DAY OF VIOLATION OF ANY PROVISION HEREOF; AND PROV:CDING FUR SEVERABILITY. - SECONDED BY COUNCILMEMBER AUSTIN. THE M07'ION PASSED UNANIMOUSLY. i I I 1100 **COUNCILMEMBER LQWE MOVED TO APPRQVE THE CONSENT AGENDA AS PRESENTED WITH THE EXCEPTION OF DISPOSITTON OF BID 97-5, INSURANCE FOR' PROPERTY CASUALTY, WORKERS COMPENSATION, PUBLIC OFFICIALS AND LAW ENFORG'EMEN� .LIABILITY. A) PAYMENT OF CAPITAL PROJECTS: 1. WILDERNESS TRAILS WATERLINE EXTENSION WITF3 THE SECOND PAYMENT' IN THE AMOUNT OF $7,175.50 TO CLAUN'CH AND MILT�ER, INC. FOR ENGINEERTNG SERVICES DURIN6 MARCH. THE DESIGN PEifiSE IS 10 PERCENT COMPLETE. 2. FIRE HYDRANT INVENTORY, AUDIT AND MAINTENANCE PROGRAM WITH PAYMENT IN THE AMOUNT OF $14,909.83 TO METRO SERVI:CE CONSULTANTS, INC. FOR REPAIRS TO 72 FIRE HYDRANTS DURING THE PROGRAM'S •FIFTH YEAR. THE FIRE HYDRANT PROGRAM INCLUDES AUDIT, SANDBLAST, PATNT AND COL012 CODE OF EACH HYDRANT. THE PROJECT IS COMPLETE FOR THE 1996-97 FIS� YEAR. TOTAL CONSENT AGENDA PAYMENTS WERE $33,169.83. C) AGREEMENTS FOR USE OF SWIMMING POOL: 1. F.A.S.T. SWIM TEAM; 2. Y.M.C;.A. D) PROPERTY TAX REPORT FOR MARCH, 1997. E) MINUTES OF APRIL 3 AND 7, 1997. ``"-� SECONDED BY COUNCILMEMBER AUSTIN. THE MOTION PASSED UNANIMOUS]GY. **COUNCTLMEMBER HAJECATE MOVED TO AWARD BID 97-5 TO TEXAS MLTNICIPAL LEA.GUE FOR INSURANCE PROPERTY CASUALTY, WORKERS COMPENSl�TIQN, PUBLIC: OFFI'CIALS AND LAW ENFORCEMENT LIABILITY. 5ECONDEA BY COUNCILMEMBER MANISON. ***COUNCILMEMBER AUSTIN MOVED TO AMEND THE MAIN MOTTON TO RE-BID BID 97-5, INSURANCE PROPERTY CASUAI,TY, WORKrRS COMPENSATION, PUBLIC OFF'ICIALS AND LAW ENFORCEMENT LIABII.,I2'Y TO ALLOW ALL BIDDERS TIME TO B2D. SECONDED BY COUNCILMEMBER LOWE. THE MOTION FAILED 3-4 WTTH MA.YQR NEWMAN AND COUNCILMEMBERS HAJECATE, ERICSSQN AND MANISON OPPQSED. ****THE MAIN MOTION WAS APPROVED 4-3 WITH COUNCILMEI�IBER5 AUSTIN, DICI�Y, AND LOWE OPPOSED. CAROL BENSON FROM RANCHO VIEJO ADDRESSED COUNCIL REGARDING THE SEWER � PROJECT, THE SUB CONTRACT�R, PRUPER CHANNELS, STATED SHE TALKED TO KAZ HAMIDIAN OF PUBLIC WORKS REGARDING SAFETY, CRACKS IN THE STREET, A CUT GAS LINE, AND IMPLORED COTINCIL NOT TO ALLOW THE CONTRACTOR BACK IN THE CITY, WAYNE SMITH AND ASSOCIATES, THE ENGINEERING FIRM IS RESPONSIBLE FOR THIS , "QUALIFIED" BIDDER, AND STATED THA'P COUNCTL NEEDS TO BE AWARE OF WHAT IS HAPPENING IN THE CITY. MAYOR NEWMAN APOLOGIZED AND STATED THAT SHE UNDERSTANDS MS. BENSON SAFETY CONCERNS. A MOTION WAS MADE AND PASSED TO ADJOURN AT 10:30 P.M. MAYOR E YN B. EWMAN ATTEST: �� � bELORIS MCKENZIE, TRMC CITY SECRETAFtY ....�