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Home My WebLink AboutCC Minutes 1971-08-05 Regular ---------- --- -- �O.:�e�;� MINUTES OF A REGULAR MEETING OF THE FRIENDSWOOD CITY COUNCIL . ' August 5, 1971 The Friendswood City Gouncil held a Regular Meeting at the City Hall at 7:30 p.m. on August 5, with the following members present: i Mayor Edward F. Stuart . i Councilmen: Ronald Hamil , Ralph Lowe -- Ralph Gonzalez William Patton James Mager w;tr, a quorum present and none absent, the following business was transacted: READING AND ApPROVAL OF .MINUTES Minutes of Regular Meeting of July 15, 1971 , approved as presented. � � Correction to Minutes of July 1 : prdinance #105-A-E, reenacted as an emergency I p� revision to the Dog Ordinance on July l , was not included in the minutes of � i:hat meeting. The secretary requested that the motion as made at that ��.. � be approved as an addenda to those minutes: MOTION: (Gonzalez) For passage on emergency basis of Ord, #105-A-�; Second: Mager; Uote: Unanimous MOTION: (Hamil ) For approval of the above stated request Second: Lowe: Vote: Unanimous ANNOUNCEMENTS & COMMUNICATIONS FROM THE MAYQR ! 1 , Ralph Somers, Special Representative for Pollution Control , is attending a dinner meeting at the University of Houston where the students from � Clear Creek High School are presenting their findings on Clear Lake ecalogy. . 2. The Mayor attended a reception. last evening at the new Clear Lake Hospital in Webster, held at the �Lakewood Yacht Club. 3. A joint social meetin of the Galveston C � 9 ounty Mayors & Councilman s Association and the Galveston County Chamber of Commerce will be held at Perusina's at 7:00 P,M. .on Thursday, August 12, Councilman Gonza1ez reported that possibly the GCf�I-CA would be making a trip to the Astrodome; this depending on .the desires of the membership. 4. Letter from Dr. John P. Reeves regarding the Health Department' s investi- ga.tion•.of a fish kill on Mary's Creek on July 29, stating possible causes as hot weather, septic tanks discharging into the water, greater amount � � of sewage in water due to lack of rain, and horse lots in the vicinity. 5. Letter from Dr. Reeve.s transmitting copy of a letter from James B. Hayes, Jr. protesting the appointment of Mr. C. J. Poirier, a non-member of the Health District as Pollution Control� Officer. 6. From "Notes from the Secretary" : (a) Final � payment on SPC-Tex 567 in ' the amount of $32,640 has been received; (b) Check from M°i^. Hausman ; covering street work on Annalea received; (c) Proposed Charter has been __. presented to the City Council with request that an election be called for October 16. 7. Letter from Harry Hatcher, Civi1 Defense Coordinator: that the City require tie-down of mobile homes• and 2 (re uestmnending permission to purchase and install a mobile weather monitoa receiver in his personal car at a cost of $60.30. 8. Copy of new rules and regulations from the Riding Arena Board regarding use of the arena. 9. Councilman Gonzalez reported that funds for planning of the Clear Creek ancl Clear Lake Flood Control Project have been approved by the appropria- tions ��mmi ttaa �n�i ,.,;i i ti„ ,.,,�,..:,,,,._.,� __ . , . . .. -�y±IyF -------------------------------- --- 11/ �'�.� � _.'-_-'__________"-'____"___'__' _-_"'"'""'___ PETITIONS AND COMMUNICATIONS 1 . Mr. Felton Baker has asked that he be exempt from the ordinance requiring that swimming pools be fenced, due to his being close to Clear Creek, and stating that his pool is always attended and, should it not be, a cover is attached that will support 2000 lbs. Discussion to be covered under NEW BUSINESS. 2. Mrs. Kitty Hart of Uillage Green petitioned Council to either enforce the existing dog ordinance or rescind it. The up-coming new dog I ordinance and the possibility of a humane officer during the next I fiscal year were explained as possible solutions to the problem of ' stray dogs. ' DEPARTMENTAL REPORTS Street Department Superintendent Stephens reported that work is now complete on Mary s Cross�ng and the library parking lot, and that his men will now b� wo�rking, on .drainage.' � � L, B. Cline reported a request �rom Pearland for re-negotiation of the reciproca agreement between that city and Friendswood with regard to taxes and water service in Longwood Park. Councilman Mager will meet with Pearland 's City Manager, Mr. Wolf, to discuss the matter. �, I Mr. C1ine stated that Mr. Wolf has .also approached him on the subject of sharing dispatching service with Friendswood. This subject will be pursued prior to further budget discussions. COUNCIL REPORTS Councilman Lowe gave. a brief report on library services and expenditures; he recommended using the balance of the government grant money to set the � City up in the� garbage business, possibly using the same personnel to solve the dog situation; and stated that he wished to further discuss the wet-dry electian with the City Attorney later in the meeting. � Councilman Gonzalez reported tfiat the Electrical Rate Committee has not received answers to their questions to CPS, but information has been gathered from the Secretary of State files on cost of operation and gross earnings for 1968-69�70, indicating a net earning increase of 27% in the three years. The following statement�was made by Councilman Gonzalez for the record: "I am very displeased to say that the Community Public Service Company has not made any response to tl�e questions posed by the Fact Finding Committee. It seems to me that the electric company is behaving as though they felt they had three council votes in their hip pocket. It is obvious to me that CPS is quite confident that this council will approve the rate increase without a response from CPS on the question of financial disclosures as requested by the committee. My recommendation is to table the third reading of the ordinance for two mor.e weeks so as to allow CPS additional time to response. If the council approves .this rate increase without further financial disclosure by CPS then I charge this council to be irresponsible in its actions and derelict in its duties to the people of this city. Let me say th7s to the people of Friendswood, look closely at last month's electric bill and ask yourselves if the electric company should be allowed to increase that bill another seven percent without a full report from the fact finding committee. I think it would appall the people of this city � to have the council give approval without a response by CPS to the questions � of �inancial disclosures as requested by the committee. " � Councilman Patton stated that his greatest concern at the moment is related to phone calls he has received regarding drug use among young people in Friendswood. He requested that Council take a stand toward trying to control this problem. Consequently Mayor Stuart indicated he would appoint a committee, with Councilman Patton as a member; he will contact others who have indicated an interest in such a committee, and will appoint four others to complete a committee of five. --------- ---2 ��; Other Council members said that they wou,ld fully support such a committee, and expressed �oncern: for the young people of the city,as a whole �s well as their own children. Councilman Mager reported. that one more meeting on the budget should finalize work pending a public hearing. Council will meet on Wednesday, August 11 , to wor,k on the budget. i � UNFINISHED BUSINESS 1 . Water Service to Uan _Bockel Pro ert Outside Cit - A letter will be sent to Mr. .Van ,Bockel sta�ing that the City will install a water line to the intersection of the development's cul-de-sac street on a fifty- fifty c.ost basis upon proper petition for annexation and deposit of half the cost of the line by Mr. Van Bockel . 2. Drain Tile on Clearview - A letter was approved proposing laying of drain tile to Mr. R. Hausman's apartments on Clearview - Mr. Hausman to furnish �°' tile for the front of his property and half of the tile to the corner; , ... � the City to furnish the balance of tile and all labor for installation, fi ��' � � 3. Electrica1 Rate Increase - � � MOTION: (Gonzalez) To table the third reading of Ordinance No, 149 to allow time for CPS to reply to questions by the Rates Committee. Second: Patton � Nfter� some discussion by Council and Mr. Mills of CPS, Councilman Lowe made the following statement and requested that it .become a part of the record: ; I want to state that when I first looked into .this, I look,ed at it .as ; a general thing and not going into the company's method of advertising and social contacts and what they do for the business throughout the area. It is just a question of whether the rates are right and reasonable in relat7on to other areas. We find this, that this company .is one of the three lowest people in Texas and probably at this moment, since this rate increase has not been granted, is the lowest of any light rates in Texas, Also this national increase of 9% which the Mayor just read to you, is right in line with the proposed increase for Friendswood of $8.40 to $9.60 per year, which is 80 to 90 cents per month, with many of our people receiving a_ decrease.which justifies the 1ight company's position. This city has found that although .the increase. of population and business within this city is not enough to sustain the tax structure without community effort (and we haven't proven this point as yet) likewise the school can not live without just increase. The gas company is also in line:for an. inc.rease, and most of these uti1ities are. It is the Council 's. position to grant rate increases, that are fair and expect the light company and the utility companies. to perform services .in return where this city needs it. It must be a two-way situation and we are not responsible in this effect. So again, only the fairness of th.is increase is all this council 's business is, not to bargain the light company down below a satisfactor leve1 of operation. This would be true of our garbage people or y anyone else that erf p orms services for the ci:� . . y The committee to study this is an additional committee besides' myself assigned initially �o study it. The three man committee had two people on it who were irrevocably committed to no rate increase--Mr. Gonzalez and Mr. McCall . _,_ In my opinion their position was irre.vocable and they can't take the position that this is a right and fair 'rate because of the various statements that they have made. The third committee member, .p.resident of. the Chamber of Commerce thought that the rate.was fair. So..we have two committees working: the first�thinks that the rate i.s fair; the other, the minority member thinks the rate is fair; the other two who are committed to a position, think it is unfair. ----- -------------- ---- -- ------- �,� , ------ -- -- �' ! - ----- ----_- --- Now, in granting this �increase on third reading, if the Council sees fit to do this, you will find that the light company still must perform and send in certain requests that are right and fair, by the city, by myself who has requested certain information, and by Councilman Gonzalez, This information coming from the light company is the very substance of why they asked for an increase. So, unless they mak'e an error in their computation, we probably will find the same thing they have found. The light company has a right to ask up to 8%; has asked for a 7.3% increase. So they are within the range of what they have a right to; reques+t. Now if` we.delay, this. for another undetermined time I am not � sure that�'it is completely� fair.' Couhcilman Gonz'ale'z' and Councilman Patton had two di�ferent issues in mind here when they started. One was w�rking on one thing; one on another. The other three councilmen seem to indicate that thi's is right and fair. ' Now I am concerned that problems like this have divorced themselves beyond the prerogatives of this council . I am concerrred when Councilman Gonzalez states in the paper that -he may run �or legislative office (in the paper this morning, � � which is h.i.s right) that be use this Council as a publicity forum for his campaign. I say this to you quite fair7y that when you call this �� • ��, Council in the hip poeket of the utility company , this Council �� subvers�ve (whiCh means t6 destroy) ; when you say that this Council is a "rubber stamp council "; when you say that we are "irresponsible" and "dere1ict 7:n duty" I would like to remind you that the combined services of all. the other counci1mer� and the mayor,here represents some twenty man-years of service to this city and not once in all these years that. Judge Patton was on the bench nor any of these councilmen have :.they ever been called "in the hip pocket" of any organization; of being "subversive," of' "rubber stamping," or "derelict." This is the only time this has ever come up and I just think that the irresponsibility does not rest with the mayor and council but rests with you for making these charges. So, while I am inclined to grant the time for your committee, it takes a lot away fr�m it when charges like this come about. �So, I believe that we have an obligation to the � light compa.ny; I believe that you have an obligation� to this council to think carefully about adjectives that you use in describing the council ; and I th�nk that this �sums up my views and I am open for any discussion on it and, if none, I would like.'to vote. � Counci1man GonzaTez moved the question. VOTE: For: (2) Gonzalez, Patton. � � • Against: (3) Mager, Hamil ; Lowe NEW RUSINESS 1 . Felton Baker, in. a. letter, stated that he protested the requirement that he fence his swimming pool , due to its location near the creek and its close attendance. Councilman Pattori stated that if Mr. Baker , has, pertinent in�ormation as to why he should not be required to comply with the City Ordinance he should appear before council for further consideration. � 2. Riding Arena group presented rules and regulations regarding use of the arena. .MOTION: (Hamil ) That Council accept the rules as set down by the � Riding Arena group. , Second: Patton; Vote: Unanimous C� 3. � Charter Election - Copies of the proposed charter have been trans- �) mitted to Council with request that Council ca11 the Charter Election for Saturday; October 16, • MOTION: (Hamil ) That an election� be called for Saturday, October 16, � on the proposed charter. Second: Mager; Vote: Unanimous MOTION: (Patton) That Council pass a resolution commending the Charter Commission on a job well done. Second: Gonzalez; Vote: Unanimous -- - --- _�'8`�7� 4, LOCAL OPTION ELECTION - City Attorney Ody Jerden presented Council wit written opinions regarding the City`s situation insofar as a local option election is concerneda and reasserted his feelings �hat the Council should take no positive action in initiating such an election. 5. SPECIAL REPORT» RALPH SOMERS - Clear Creek Student Stud ; Mr. Somers attended the dinner and presentation of these findings by , the students and felt that the money and ,t.ime was well spent, He � �' ' ---. reported some of their findings..and-stated that, although they are �',1 not conclusive, they are more defin;ite-�than many of the. .governmental studies, and that the information will be valuable in the future for this area. He stated that he hoped the budget now under considera- tion would include funds for next year`s study, possibly to include financing of a Friendswood student to this group, and requested that the Mayor write to the Gulf Coast Waste Disposal Association commend- ing them on the work of this group, �.r ORDINANCES C� a°°'� Ordinan.ce No. 149 - Electrical Rate Increase - Third and Final Readin � � MOT.TONw ,(;Hamil )�' To approve and adopt on third reading Ord, No, 149 Second: Mager� Councilman Mager stated; The Committee should continue their job, Tf the results o� the committee show that this rate adjus�tment is not justifi.ed or the committee does not� in a reasonable time, receive the information from CPSa I .will back. Councilman Gonzalez in a move to �cancel this ordinance,, :to adjust back: to the old rates, or to initiate new rates, The entire Council agreed to back this action, , Mr, Mills of CPS was in the audience at this time, � Vote» FOR (3) Hamil , Lowe, Mager �" AGAINST (2) Patton, Gonzalez Ordinance No. 150 - Water & Sewer Ta Fees - First Permanent Readin -- �r ,.� �x�..� MOTION: (Patton) To approve first permanent reading of Ord, No. 150 � Second: Ma.ger Vote: Un.a.nimous � �Ordinance Na. 151-E - A ointment of E ualization Boa�c� - Emer enc Readin MOTION: (Mager) To approve and adopt Ord. No. 151-E as an emergency 's�` `'' ordinance on a single reading, Second: Patton Vote� Unanimous Councilman Gonzalez Stated that�he would like to see a turn-over on the Board from year to year. Qrdinance No. 152 - S ecifications for Plastic Sewer Pi e - First Reading �-�yj MOTION: (Mager) For approval of first reading of Ord, No. 152 Second: Hamil � Vote» Unanimous �� WARRANTS MOTION» (Mager) To approve G&A Warrants 954; 1208� 1215 thru 1248 and M&0 Warrants 713; 716 thru 721 Second: Lowe Vote: Unanimous Q — ------ ---- - -- - (�`�. ------------------- - ---- ------ -- PERSONNEL SESSION Glosed) � ADJOURNMENT, Motion made and s.econded that meeting .adjourn, Meeting was adjourned. APPROVED; ' � � Bo ie ,, enry� Secretar to t e , Council . �a��--��Z � 1 Mayor Edwar F. Stuart � � MTNUTES OF CLOSED SESSION 1 , An unpublicized meeting, called by Sheriff Kline, will be he7d in the County Courthouse on August 26� at 7:30, Mayor and Council urged to attend or send a representative, ' 2, The question of use of City-owned vehicles in and out of the City on personal business was discussed, Policy was established that a ��, department superintendent who has been issued a pick-up for his use may use it for personal business within a ten mile radium of the City limits. Beyond ten miles clearance is to be received from the Mayor. (Clarification was made that this authority belongs to the Mayor as the Administrative Official of the City) � �