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HomeMy WebLinkAboutCC Minutes 1997-11-17 Regular 1209 STATE OF TEXAS ) ( CITY OF FRiENDSW00D ) ( COUNTIES OF GALVE�:STON/HARRIS ) ( NOVEMBER 17, 1.9 97 ) ( �� MINUTES OE' A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, NOVEM]3ER 17, 1997, AT 5:30 P.M. , AT FRIENDSWOOD CITY HALL COUNCIL CHAMBERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING 1..._�. PRESENT CONSTITU'xING A QUORUM: : 'MAYOR HAROLD L. WHITAKER , ' MAYOR PT20 TEM ALINE DICKEY C(7UNCILMEMBER KTTTEN HAJECATE COUNCILMEMBER JERRY ERICSSON CQUNCILMEMBER TOM 'MANISON C()UNCILMEMBER MEL AUSTIN CUUNCILMEMBER MEL MEASELE5 CITY ATTORNEY KIM MICKELSON C:tTY M}1NAGER RON COX C:CTY SECRETARY. DELORIS MCKENZIE MASCOR WHITAKER C1�LLED THE MEETING TO ORDEF�. COUNCIL CONVENED INTO A WORK SESSION TO DISCUSS DESIGNATING FRIENDSWOOD AS A SICYCLE FRTENDLY' CITY. SIDNEY ALBRITTC>N, CHAIR OF THE BICYCLE ADVISORY COMMITTEE (BAC) , MADE A PRESENTATION REG,ARDING THE HISTORY OF TBIS PROGFiAM AND THE IMPROVEMENTS MADE TN THE CTTY REGARDING BICYCLING. DISCUSSION CONTINUED REGARDING PRIMARX AND SECONDARY CRITERIA, THE LEAGUE OF AMERICAN BICYCLISTS, MODIFYING AND MAINTAINING BIKE TRAILS ON PUBLIC STREETS, FUNDING, SAFETY,, MEMBEI2SHIP, WIDTH5 OF PATHS, AND GETTING A CONSENSUS REGARDTNG A F2ES0I�UTION DEGISNATING FRIEND£>WOOD AS A BICYCLE FRIENDLY' CITY. COUNCIL CONVENED INTO EXECUT2VE SESSTON T�CCORDING TO TEXAS GOVERNMENT CODE, ,-----, PURSUANT TO SEt�TTON 551.074-PERSONNEL MATTERS - CITY MANAGER'S ANNtJAL EVALUATION. I' COUNCIL RECONVENED INTO REGULAR SESSION AT 7:15 P.M. WITH ACTION TAKEN LATER IN THE MEETING. THE INVOCATION WAS LED BY REVEREND ROY SKEETER, REPRESENTING FRIENDSWOOD FRIENDS CHURCH MAYOR WIiITAKER LED THE PLEDGE OF ALLEGTAN'CE TO THE STATE OF TEXAS 1�,ND TO THE UNITED STATES. A DOCKETED PUBLIC HEARING WAS HELD TO RECEIVE TESTIMONY REGARDING TEXAS-NEW MEXICO POWER (TNP) COMP�INY RATE CASE. NORMER MAYOR EVELYN NEWMI�N APPEARED BEFQRE COUNCIL 1�1.ND STATED SHE SUPPORTS 4'NP AND APPRECIATES THEIR COMMUNITY INVOLVEMENT OVER THE YEARS. HEARING NO FURTH:ER COMMENTS, THE PUBLIC HI�ARING WAS CLOSED. ��-� i � ,.� .. . ,... . . . . I ' �� � 1210 �'" �;✓, �t;;: ;;;, � . �';': �'' COUNCILMEMBER MEASELES REPdRTED OPT ATTENDING THE PLANNTDTG AND ZONZNC3 r ta;, COMMTTTEE MEETING ON NOVEMBER 6, THE GALVESTON COUNT'Y MAYORS AND ��• COUNCII,MEN'S ASSOCIATION MEETING (GCI�I&C) , AND THE CO1�iUNITY APPEARANCE BOARD �i�" MEETZNG WHERE RECYCLING WAS DISCUSSED. �;�;� l;i,:; �;', COUNCILMEMBER DICKEY REPORTED ON A'.CTENDING THE CORPS OF ENGINEERS CLEAR ' CREEK FLOOD CONTROL MEETTNG, ATTEDiDED SOME OF THE R.AILROAD COMMISSION '� HEARING REGARDING THE EXXON PIPELINE� LAST WEEK, THE HOUSTON-•GALVESTON AREA t:, "�, COUNCIL (H—GAC) ANNLTAL MEETING, AND STATED THAT THE RIBBON C:iT'�TING FOR THE �n;,° C�iALVESTON COUNTY �NNEX WILL BE HELD T:FIIS WEEK. k����. "r i �� COUNCILMEMBER AUSTIN REPORTED ON ATTENDING G.G.M & C. , THE CLEAR LAICE � ' TR1�INSPORTATION PARTNERSHIP SUB—COI�Il�II'.PTEE MEETING, AND SOME OF THE R.AILROAD " " ', COMMISSION HEARING. i' COUNCILMEMBER MANISON MISSED LAST MEETZNG BECAUSE HE WAS ATTENDYNG TYiE " NATIONAL MEETING REGARDING SOIL CONSERVATION, THE CLEAR LAKE TRANSPORTATION ;� MEETING DURTNG WHTCH TEXAS DEPARTMENT OF TRANSPORTATION (T�:DOT) DISCUSSED i LIGIiTING AND LANDSCAPING ON NASA ROAD ONE, ATTENDEA TIiE G.C,M & C MEETING, � ATTENDED T8E WATERS DAVIS SOIL CON;3ERVATION MEETING, THE H-GAC CAUCUS ON HOME RULE AND CONGR.ATULATED ALINE DICKEY BEINC3 NAMED ALTE]tNATE TO 5AND'Y PZCKETT AS BOARD MEMBER, AND ATTENDED THE CEREMONY HELD FOFt COUNCILMEMBER ERICSSON AS HE ASSUMED CO2�lAND OE� THE 149TH AVIATION REGIMENT ATTACK HELTCOPTER BATTALION. COUNCILMEMBER ERICSSON REPORTED THAT HE ATTENDED MANY OF THE3]� MEETINGS, AIdD ALSO THE CLEAR CRE�K CORP MEETING WH]sRE A COMPROMISE PROPOSAL WAS PRESEN'�PED, AND REMINDED EVERYONE OF THE FEAST OF THANKSGIVING BEING SPONSORED BY THE FRIENDSWOOD CONNECTION AND HELD AT THE FRIENDSWOOD FRIENDS CIiURCH THURSDAY, NOVEMBER 27TH, ANll URGED EVERYONE'S PARTICIPATION. COUNCILMEMBER HAJECATE REPORTED ON ATTENDING THE GCM&C MEETING WHERE FORMER MAYOR EVEL'YN NEWMAN WAS RECOGNIZED FOR HER PAST SERVICE TO 80TH THE CITY AND THE COUNTY, ATTENDED THE PRAYER BREAKFAST, ATTENDED THE R.ATLX20AD COMMISSION HEARING AND THAT THE REPORT SHOULD HE READY THE FIRST OF TFIE YEAI2, ATTENDED COLONEL ERICSSON'S CHANGE OF COI�II�IAl1L1 CEREMONY AND 1tEMINDED P;VERYONE OF THE CLEAR CREEK WATERSHED STEERING COMMITTEE MEETING WHICH tiVI;LL BE HELD 3N �---� PEARLAND ON NOVEI�ER 20, AND ALSO STATED THAT THE CLEAR LAKE TRANSPORTATION PARTNERSFTIP WILL SPON'SOR A FREE SHUTTLE FROM CITY HALL TO BAYBROOK MALL STARTING NOVEMBER 28 AND CONTINUING WEEICENDS UNTIL DECEMBER 21. MAYOR WHITAKER REPORTED ON ATTENDIN(� THE KICKOFF OF GALVESTON COUNTY ECONOMIC DEVELOPMENT ALLIANCE WHER]� COMPTROLLER 0�' PUBLIC ACCOUNTS JOHN SHARP WAS THE SPEAKER, REPORTED THAT' ON NOVEMBER 18 HE DEDIC.ATED THE NATURE CENTER AT WESTWOOD ELEMENTARY, READ TO THE STUDENTS AT WESTrnl00D ELEMENTARX TODAY, ANA WELCOMED MAYOR FLOXD MEYERS FRQM THE CITY OF WEBSTER TO THE COUNCIL MEETING. MR. CHARLIE ORGAN, REPRESENTING TH� COIYIIdTJNITX APPEARANCE �()ARD, PRESENTED DAVID 0'FARRELL TFiE BUSINESS YARD OF THE MONTH F012 MELODY PLAZA< MAYOR WHITAKER PROCLAIMED TUESDAY, NOVEb�ER 19, 1997 AS NATIONAL COD�ILTNITY EDUCATION DAY IN THE CITY OF �RIENDSWOOD, TEXAS AND PRESENTED THE y�,.,�., . . , �---� ;r• , , ,;;:; ' ,.. . ,ti:;' , . . . • . :1.i.� , , . � - i}J'. r�i�,� ?i:, , ���, . � ., .. S,,`'��.. , � ' . 1211 PROCLAMI•1TION TO LEANNA BRIDGETT AND MIKE OWENS FROM FRIENDSWOOD INDEPENDENT SCIi00L DISTRICT. DR. KERRY MCCARROLL AND MR. STEVE M;CCARROLL APPEARED BEFORE COUNCIL REGARDING LINSON LANE AND ASKED COUNCIL WHEN LINSON LANE WILL BE PACED AND STATED THAT THE RESIDENTS ARE CONCERNED WITH FIRE SAFETY, POLICE RE5PONSE, DRAINAGE PROBLEMS AND WOULD LIKE TO PARTICTPATE IN NEXT YEAR'S PLANNING SESS FOR THE 1998/99 ]3UDGET. MR. GEORGE SCHI]�TER FROM EAGLE LAKES SUBDIVISION, APPEARED BEFORE COUNCIL ''��'�' REGARDING THE CRACKED SLABS IN HOMES IN EAGLE LAKES SUBDIVISION AND IS CONCERNED THAT THE BUILDING CODE IN FRIENDSWOOD DOES NOT TA�CE INTO �� CONSIDERATION S]�ABS AND THAT THIS TS A PROBLEM IN THE EAGLE LAKES SUBDIVISION WHICIi MAY RESULT IN LOST REVENUE TO THE CITY. MR. SCHILTER ALSO STATED THAT HE :IS PLEASED WTTH THE ELECTED AND APPOINTED OFFICIALS TN THE CITY OF FRIENDSWOOD. CITY MANAGER COX REPORTED ON THE TAX CODE AMENDMENTS AND STATED THAT TIiE NEW LAW WILL REQUTRE THE CITY TO PUBLISH IN THE NEWSPAPERS, ANY TAX RATE THAT IS PROPOSED 7'0 SE HIGHER TFiAN THE CALCULATEA EFFECTIVE TAX R.ATE. MR. COX ALSO REPORTED ON THE COMMUNITY LEADER5HIP MEETING WITFi JUDGE ROBERT ECKELS AND THAT THE PREDOMINANT THEME WAS: WHAT SERVICES COULD THE COUNTY PROVIDE CITIES AND WE3A'T SERVIGE CITIES PROVIDE THE COUNPIESe TO AVOID THE DUPLTCATION OF �3ERVICES AND TO AVOID TI�E AOUBLE TAXATION TO THE CITIZENS THAT MTGIiT OCCUR SHOULD BOTH GOVERNMENTS �ECIDE TO PROVIDE THE SAME SERVICE. CITY 'MA.NAGER COX REPORTED ON YEAR 2000 COMPLIANCE AND STATED THAT DIRECTOR OF ADMTNISTRATIV� SERVICES RQGER ROECICER ANA STAFF ARE REV2EWING THE WFiOLE SITUATION, BUT THAT THEIR INITIAL RESPONS]� TS THAT THE NEW HTE SOFTWARE FOR OUR SOFTWARE APPLICATIONS ACCOUNT5 FOR TIiE CENTUR.Y CHANGE. MR. COX STATED THAT THE ONLY RE�MAINING AItEA OF CONCERN TS THE POLTCE DEPARTMENT. MR. COX ALSO GAVE A REPORT ON THE R�IILROAD COMM:CSSTON SCHEDULE AND STATED THAT IT WILL BE 30 DAYS BE�'ORE BRIEFS WILL BE SUBMTTTED BY BOTH ATTORNEYS, WITH 45 DAYS TO RESPOND, WITH RECOMMENDATIONS SLT]3MITTED TO BOTIi EXXON AND THE CITY FOR REVIEW IN 60 DAYS, AND FILE :RESPONSE BRTEFS 75 DAYS BEFORE RECOMMENDATZONS 7'0 THE COMMISSION AND THAT A DECISION SHOULD BE COMING FROM THE COMMISSION SOMETIME IN MARCH OR APRIL. COUNCILMEMBER DICKEY ASKED IF LINSON LANE WAS ON THE CAPITAL IMPROVEMENT LT5T WTTH THE C7:TY MANAGER RESPONDING NC>, PROBABLY BECAUSE THERE WERE NOT EN'OUGH HOMES. CQUNCILMEMBER DICKEY ASKED ABOUT THE SHUTTLE TO THE MALL AND IF PERMISSION WA;� GIVEN TO THE CLEAR LAKE TR.ANSPORTATION PARTNERSHIP TO TAKE SHOPPERS OUT OF THE CITY WITH CITY NiANA�ER COX RESPONDING YES, PERMISSION WAS GIVEN. COUNCILMEMSER DICKEY RESPONDFD THAT THE CITY SHOULD THINK SHOP LOCAL 1�1ND THAT THE CHAMBER SHOULD }�O A "SHOP FRIENDSWOOD FIRST11. COUNCILMEMBER DI("KEY ASKED ABOUT TFiE COWARDS CREEK BROKEN SEWER LINE AND REQUESTED THAT THE WORK BE DONE THIS WEE;K. COUNCILMEMBER DICKEY ASKED IF THE STREET LIGHT CAPS HAVE BEEN REMOVED WITH CITY NIANAGER COX RESPONDING YES. COUNCILMEMBER AU3TIN THANKED CITY MFINAGER COX FOR THE PROMPT ATTENTION GIVEN TO THE COWARD CR]aEK LINE AND ASKED FOR A 5TATUS REPORT ON THE LINE WITH THE CITY MANAGER STATING THAT HE WILL PROVIDE ,A REPORT ON THE BROKEN LINE. **COUNCILMEMBER 'MANISON MOVED TO APPROVE THE COMMERCIAL SITE PLAN FOR BR.AKEMASTERS LOCATED ON FM 2351 EAST OF HOPE VILLAGE. ,......� �i i . ..,. .' .. . , . 1212 SECONDED BY COUNCILMEMBER AUSTIN. THE MOTION PASSED UNANIMOUSL'Y. **COUNCILMEMBER HAJECATE MOVED TO INCREASE THE CITY 'MANAGER'S SALARY FOR FISCAL YEAR 1997/98 BY 4 P�RCE�1T. SECONDED BY COUNCILMEMBER MEASELES. THE MOTION PASSED 6-1 WITH COUNCILMEMBER DZCKEY OPPOSED. **COUNCILMEMAER HAJECATE MOVED TO APPROVE RESOLUT20N R97-46, A RESOLUTION OF THE CITY OF FRIENDSWOOD, TEXAS, HEREINAFTER REFERRED TO A� "APPLTCANT1°� DESIGNATING CERTAIN OFFICIALS AS BEZNGI RESPONSIBLE FOR, ACTII�YG FOR, AND ON BEHALF OF THE "APPLTCANT" IN DEALING WTTH THE BUREAU OF JUSTTCE ASSISTANCE , LOCAL LAW ENFORCEMENT BLOCK GR.ANPS P�tOGRAM, HEREINAFTER REFER,RED TO AS THE � "PROGRAM", CERTTFYING THAT THE "A.PPI�TCANT" HA3 BEEN AWARDED FUNDS TN THE AMOUNT OF $10,459 AND A MATCHING SHARE IN THE AMOUNT OF $1,:L62 IS READILY .°- � AVAILABLE; AND DEDICATING THE MONIES TO '1'HE PURCHASE OF SPECIALIZED INVESTIGATIVE EQUIPMENT USING APPROVEI) LOCAL PROCUREMENT PROCEI7URES. SECONDED BY COUNCILMEMBER MANISON. TFIE MOTION PASSED UNANIMOUSLY. **COUNCILMEMBER AUSTIN MOVED TO APPROVE RESOLUTZON R97-47, A RESOLUTION OF THE CZTY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, APPROVING A PUBLIC FUN3�S MANAGEMEN'P AND INVESTMENT POLICX. SECONAED BY COUNCILMEMBER HAJECATE. 7'HE MOTION PASSED UNANIMOLfSLY. **COUNCILMEMSER AUSTIN MOVED TO APPROVE ORDINANCE N0. T97-19, SECOND READING OF AN ORDINANCE OF THE CITY OF FRIENDSWOOD, TEXAS, FINDING THAT THE EXISTING RATES OF TEXA.S-NEW MEXICO POFIER COMPANY FOR ELECTRIC UTILITY SERViCES WITHIN THE CITY ARE UNREASONABLE; PROVIDING FOR RATE REDUCTIONSj E5T'A$LISFiING JUST AND REASONABLE RATES TO BE OBSERVED �ND IN FORCE WITHIN THE C:ITYf PROVIDING THE UTILITY WITH THE OPPORTUNITY TO IMPLEMENT AN ASSESSMENT FC�R THE RECOVERY OF CERTATN ACTUAL AND VERIFIABLE STR.A.NDED INVESTMENT COSTS ALONG WITH A • REASONABLE RETURN THEREONi PROVIDING FOR AN EXIT FEEt PROV'IDINC� FOR THE CONTINUATION OF THE PURCHASE COST RECOVERY FACTORSt PROVI�INC� THAT THIS ORDINANCE BE SERVEA ON TEXAS—NEW MEXICO POWER l':OMPANY; PRO�TIDING FOR THE REIMBURSEMENT OF RATEMAKING EXPENSESf PRESERVING REGULATORY RIGHTS OF THE ' CITYj MAKING CERTAIN FINDINGSj AND PROVIDING FOR REPEAL OF ALI, ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITfi. SECONDED BY COUNCILMEMBER DICKEY. THE MOTION PASSED UNANIMQUSLY. **COUNCILMEMBER HAJECATE MOVED TO APPROVE ORDINANCE N0. 'P97-20, SECOND READING OF AN ORDTNANCE OF THE CITY OF FRIENDSWOOD, TEXAS, PROVZDING FOR THE CREATION OF A MUNICTPAL COURT BUILDING SECURITY FUNDj PROVIDING FOR THE ASSESSMENT AND COLLECTION OF A MUNICIPAL COURT BUILDING SECURITY FEE II�T ACCORDANCE WTTH ARTICLE 102.017 OF THE TEXAS CODE OF CRTMINAL PROCEDURE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT FiEREWITH; PROVIDINC3 FOR SEVERABILITYf AND PROVIDINC3 OTHER MATTER3 RELATED TO , THE SUBJECT. SECONDED BY COUNCILMEMBER AUSTIN. THE MOTION PASSED UNANIMOU3�,X. *'*COUNCILMEMBER MANISON MOVED THE APPROVE THE CONSENT AGENDA AS PRESENTEDs A. PAYMENT OF CAPITAL PROJECT5 - 1. COWARD'S CREEK 24" SANITARY SEtiVER REPLACEMENT WITH THE FIRST ANA FINAL PAYMENT IN THE AMOUNP OF $101,787.00 TO WHITELAK, INC., BTD NUMBER 97-7. THE PROJECT IS COMPLETE, AND INCLUDES A BALANCING CHANGE ORDER WHICH REDUCES THE PROJECT TN THE AMOUNT OF $3.243. THE SEWER REPLACEMENT BEC�INS AT A MANHOLE I2�IEDIATELY OUTSIDE THE AEEPWOOD u/srrr.,. . .,. . . � • :. . ., , 'I - ...i.. • � : . fr; � �;. 1213 LIFT STATION AND EXTENDS UPSTREAM ALONG COWARD'S CREEK TO CONNECT WITH A PREVIOUSLI' REPLA�CE SECTION OF GRAVITY SPWER LINE. B. FINAL ACCEPTANCE OF COWARD'S CREEK 24-INCH SANITARY SEWER REPLACEMENT. C. BANNER PERMIT APPLICATION FROM FRIENDSWOOD CHAMBER OF COMMERCE FOR DECEMBER 8-15, 1997 FOR HOLIDAY PARADE. D. PROPERTY TAX REPORT FOR OCTOBER, 1997. E. MINUTES OF OCTOSER 13 AND 28 AND NOVEMBER 6 AND 12, �.997. SECONDED BY COUNLILMEMBER AUSTIN. THE M07CION PASSED UNANIMOUSLY. A MOTTON WAS MAD7E �1ND PASSED TO ADJOURN AT 8:20 P.M. I ,,..__.. .,�. , � r � . t� MP,YOR HAROLD L. WHITAKER ATTE . D L RIS MCKEN IE,, C CITY SECRETARY � �°._.,. i