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HomeMy WebLinkAboutCC Minutes 1998-06-01 Regular 1297 STATE OF TBXAS ) ( CITY OF F'RIENDSWOOD ) ( COUNTIES OF GALVESTON/HARRIS ) ( JiJNE 1, 1998 ) ( MINC7TES OF A REGIILAR MSETING OF THE FRIENDSWOOD CITY COUNCIL THAT WAS HELD ON MONDAY, JI7NE 1, 1998, AT 7:00 P.M. , AT FRIENDSWOOD CITY HALL COUNCIL CH�ERS, 910 S. FRIENDSWOOD DRIVE, FRIENDSWOOD, TEXAS, WITH THE FOLLOWING PRESENT COIJSTITUTING A QUORUM: � MAXOR HAROLD L. WH=TAKER MAYOR PRO TEM JERRY ER2CS50N � COUNCILMEI�ER KITTEN HAJECATE COUNCILMEI�ER TOM MANI50N COLTNCII,b�2�ER KIM BRIZENDINE COUNCILMEI�ER ALINE DICKEY COUNCILMEMBER MEL MEASELES CITY ATTORNEY KIM MICKEL50N CITY MANAGER RON COX CITY SECRETARY DELORIS MCKENZIE MAYOR WHITAKER CALLED TIiE MEETING TO ORDER. THE INVOCATION WAS GIVEN BY REVEREND EARL CANPRELLE, FRIENDSWOOD UNITED METHODIST CHURCH. MAYOR WHITAICER LED TFIE PLEDGE OF ALLEGIANCE TO THE STATE OF TEXAS AND TO THE UNITED STATES. MAYOR WFIITAICER CALLED A PUBLIC IiEARING TO ORDER TO RECEIVE COMMENTS EITFiER ORAL OR WRITTEN REGARDII3G TIiE FOLLOWING: TCI CABLEVISION'S FCC FORM 1205 FILING: ESTABLISHING MAXSMUM r PERMITTED R.ATES FOR EQUIPMENT AND INSTALLATION CHARGES, AND FORM 1240 PILING; LSTABLISHII3G MAXIMUM PERMITTED RATES FOI2 BASIC CABLE SBRVIC'E. � MS. NANCY MURPHY FROM TCI CABLEVISION REGULATORY AFFAIRS OFFICE APPEARED BEFORE COUNCIL AND REPORTED SHE FiAD REVIEWED TFIE DRAFT ORDINANCE AND THE CONSULTANT'S FIND=NGS, ADID A5KED COTJIdC2L TO CONSIDER DiOT ADOPTING THIS PItOPOSED ORDINANCE, STATED THAT THE NUMBER OF CUSTOMERS U5ED IN THE CALCULATION PROJECTIONS WILL BE TRUED UP IN NEXT YEAR'5 FILINGS. � COUNCILMEMBERS ADDRESSED TCI'S QUALITY OF CU5TOMER SERVICE, FCC REGULATIONS, DISCUSSED A PAYMENT OFFICE COINENIENT TO TFIE PVBLIC AND ADDRESSED TIiE INCREASE OF RATES FOR HASIC SERVIC�. HEARING NO FURTHER COD4�NT5, THE PiJBL2C HEARING WAS CLOSED. COUNCILMEMSER MEASEI,ES REPpRTED ON ATTENDING THE PI,ANNING AND ZONING MEETING AN'D THE CLEAR CREEK DRAINAGEC DISTRICT MEETING RECrARDING REGIONAL DETENTZON, ATTENDED THE HARRIS COUNTY MAYORS AND COUNCILS' MEETING (H.C.M.& C.) WHERE RON NEIGHBORS, GENER.AL MANAGER OF THE HAI2RIS-GALVESTpN COASTAL SUBSIDENCE DISTRICT SPOKE, ATTENDED THE CO2+4�fUNITY APPEARANCE BOARD (CAB) MEETING WHERE ___..__...__...--- 1298 AUTOMATED SPRINKLERS IN THE MEDIANS WERE DISCUSSED, ATTENDED THE CLEAR LAKE TRANSPORTATION PARTNERSHIP MEETING REGARDING NASA ROAD ONE SCENIC DISTRICT, AND THE TEXA3 MUNICIPAL LEAGIIE (TML) LEGISLATIVE REVIEW WORKSHOP AND REVIEWED THE TOPICS DISCIISSED COUNCILMEI+ffiER DICKEY REPORTED ON ATTENDING HOUSTON/GALVESTON AREA COUNCIL (H-GAC) MEETING, AND ASKED COiTNCIL FOR VOLUNTEERS WILLING TO SERVE ON TIiE H-C�AC CO2+II�iITTEE3, CONC3RATULATED THE 1998 GRADUATES l�N'D THEIR PARENTS, REMINDED EVERYONE NDW THAT SCHOOL IS OUT TO BE ON LOOK OUT FOR CIiILDREN AND WISHED EVERYONE A SAFE SIIN�R. � COUNCILMEI�IDER BRIZENDINE REPORTED ON THE ORIENTATION SBSSION HE ATTENDED AND THE TOIIF2 OF TFiE CITY DEPARTMENTS WHICH HE FELT WAS MIICH NEEDED. • COUNCILME2�ER MANISON REPORTED ON ALSO ATTENDING THE TMI, MEETING, THE H-GAC MEETING, THE H.C.M & C. MEETING, THE AUCTION SALE THAT WAS HELD AT CANIP MANISON AND REPORTED ON THE CLOSING OF CAMP MANISON. COUNCILMEN�ER ERICSSON REPORTED ON ATTENDING THE H.C.M.& C. MEETING, THE TOUR OF THE CITY AND THAT HIS FAVORITE SPOT WAS PUBLIC WORKS WHERE FIE FOUND THE INFORMATION REGARDING SURFAC& WATER INTERE3TING, AND CONGR.ATULATED THE GRADUATES AND TIiOSE WHO WERE AWARDED SCHOLARSHIPS. COUNCILMEMBER HAJECATE THANXED COUNCILMEMBER MANISON I�TD SIS FAMTLY FOR ALL THEIR CONTRIBUTIONS TO THE CITY OVER THE YEARS, REPORTED THAT DIXIE SUIT, TEACHER AT THE FRIENDSWOOD CHILDREN'S HOUSE WILL RETIRE 1�ND THANKED CAROLYN BENSON AND LORNA ZEITLER FOR THEIR YEARS OF SERVICE AT THE CHILDREN'S HOUSE, AND RECOGNI2ED BILL BROWN, WHO HAS WORKED FOR THE FRIENDSWOOD VOLUNPEER FIRE DEPARZ'MENT THE PAST 2 0 YEARS WILL RETIRE ON JUNE 12, AND REMINDED EVERYONE OF THE ROSE�S 9TH ANNUAL SHRIMP BOIL EXTRAVAGANZA WHICH WILL BE HELD JULY 12 AT THE SPJST GRAND BALLROOM IN PASADENA WITH THE PROCEEDS GOING TOWARDS HELPING PROVIDE BREAST CANCER SCREENING AND DIAGNOSIS FOR WOMEN WHO ARE NOT ABLE TO AFFORD IT. MAYOR WHITAKER TFIANKED COUNCILMEMBER MANISON AND FIIS WIFE ROBIN FOR THE LAST � 51 YEARS IN HAVING CAt+� MANISON WHICH HAS BECOME SYNONYMOUS WITH ; FRIENDSWOOD. { **COUNCILMEtrffiER MANISON MOVED TO APPROVE THE APPOINTMENT OF COUNCIL LIAISONS WITH THE CHANGB OF COIINCILMEMBER HAJECATE BEING APPOINTED AS SIDEWALK LIAISON. SECONDED BY COUNCILMEMBF3R MEASELES. THE MOTION WAS APPROV'ED UNANIMOUSLY. i NII2. BILLY WYNN, LUNDY LAN�, APPEARED BEFORE COUNCIL TO ADDRESS THE 20 M.P.H. SPE$D ZONE ON LUNDY LANE AND 3TATED THAT TFiIS IS A RURAL AREA }1ND ASKED COUNCIL TO R.AISE THE SPEED LIMIT TO 35 M.P.H. , AND THAT HE HAS BEEN TRYING TO GET THE STREET PAVED SINCE 1987. MR. HAL TAYLOR, CHAIR OF THE ZONING BOARD OF ADJUSTMENT (ZBOA) , APPEARED BEFORE COUNCIL, AND STATED THAT ZBOA HEARD A CASE REGI�.RDING A LOT NOT ADJACENT TO THE STREET NOR APPROVED AS A PUBLIC DRIVE, AND THE PROPERTY IS ZONED COMMERCIAL SHOPPING CENTER, 3TATED THAT CASE SHOULD HAVE GONE THROUGH � _,.....-..._.,_...,._.._...____..__._...__.. � _ - 1 L299 CHANNELB, PLANNING AND ZOrTING FIRST, TO THE CITY Mx►NA(3ER AND THEN TO COVNCIL AND THEN TO ZBOA IF' NEBDED. . CITY MANAGER COX STATED IiE WAS NOT CLEAR AS TO HOW IT GOT TO ZSOA 3�ND THAT HS WOITLD LOOK INTO PROCEDURE5. CITY MANAGER COX REPORTED ON THE NEW COUPiCILMEI�ffiER ORIENTATION, A TOUR OF THE CITY'S DEPARTN�NTS, THAT WAS CONDUCTED FOR NEWLY-ELECTED COUNCILMEMBER KIM BRIZENDINE AND WHICH WAS ALSO ATTENDED BY COUNCILMEbIDERS MANISON AND ERICSSON. MR. COX ALSO REPORTED THAT THE COiJNCIL PLANNING RETREAT WTLL BE HEI,D ON J'UNE 5 AT TAE FOREST BEND CIVIC CENTER AND VICKIE CAVINS, GREAT MINDS, WILL FACILITATE TFiI3 MEETING. 1�II2. COX ALSO STATED THAT THE ANNUAL BIIDGET PI+ANNINC3 RETREAT HAS BEEN SCHEDULSD FOR JUNE 29 AT THE SAME LOCATTON. irIIt. COX C�AVE AN UPDATE ON THE CObIIriUNITY AND ECONOMIC DEVELOPMENT STRATEGIC PLAN AND THAT LETTERS OF INVITATTON TO THE PUBLIC MEETINGS WILL BE GOTNG OUT AS WELL AS NEWSPAPBR �1ND NEWSLETTER l�NNOIJNCEMENTS. MR. COX ALSO GAVE AN IIPDATE ON THE TSXA.S(NEW MEXICO RATE CASE ANTD THAT THE ADMINISTR.ATIVE LAW JUl)GE (ALS) HA3 MADE RECOI�IENDATI023S WHICH ARE C�ENERALLY CONSISTENT WITH THE POSIT20N OF THE GULF COA5T COALITION OF CITIE5 AND THAT THE ALJ HAS ALSO RECONB�4ENDED THE CITIES' RATE CASB EXPENSE5 BE REIMBURSED ALMOST IN THEIR ENTIRSTY. CITY MF.NAGER COX ALSO DISCUSSED IMPLEMENTING A VOLUNTARY LIMITATION ON OUTDOOR WATERING AND STATED THAT A LETTER WOULD BE 5ENT TO THE NEWSPAPERS AND THE H02�OWNER ASSOGIATIONS. **COIINCILMEMBER �iAJECATE MOVED TO APPROVE AUTHORIZI23G THE JOINT USE AGREEMENT WITH FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT FOR CENTENNIAL PARK PROPERTY. SECONDED BY COTTNCILMEMBER MANISON. **COVNCILMEMSER BRIZENDINE MOVED TO A1�ND THE AGREEMENT REGARDING SHARING THE COST OF CONSTRUCTION AND MAINTENANCE FOR TFIE ROAD. SECONDED BY COUNCTLMEMBER ERICSSON. TAE MOTION WAS APPROVED UNANIMOUSLY. **COUNCILMEMBER DICKEY MOVED TO AMl:ND THE AGREEMENT REGARDING TIiE SCHOOL ALLOWING THE CITY THE VSE OF LAND AT WHICH TI2� THE SCHOOL NEEDS THE LAND. SECONDED BX COLR3CILME'NIDER HASECATE. TFIE MOTION WAS APPI20VED UNANIMOUSLY. **COUNCILMEMHER DICKEY MOVED TO ADD A TERMINAT�ON CLAUSE THAT EITFIER PARTY MAY TERMINATE AND CHANGE FROM HARRIS COUNTY COURTS TO GALVESTON COUNTY COUFtTS. SECONDED BY COUNCILMEI�ER ERICSSON. THE MOTION WAS APPROVED UN.ANIMOUSLY. **THE MAIN MOTION WAS APPROVED TJI3ANIMOUSLY. .� **COIINCILMEt+�ER HAJECATE MOVED TO APPROVE AUTHORIZING THE LAND TRADE WITH FRIENDSWOOD INDEPENDENT SCHOOL DISTRICT ON CENTENNIAL PARK PROPERTY. SECONDED BY COUNCILMLMSER MANIS�N. TAE MOTION WAS APPROVED UNANIMOUSLY. **COiTNCILME2�ER HAJECATE MOVED TO APPROVE RESOLU'TION R9 8-16, A RESOLTJTION OF THE CITY CQL7NCIL OF THL CITY OF FRIENDSWOOD, TEXA3, PROVIDING P'QR THE ADOPTION OI+ THE COZ�2LTNITY FACILITIES AND DR.AINAGE ELE2+�NT OF TH'E PROPOSED COMPREHENSIVE PLAN, A3 RECOI�iL�NDED BY THE PLANNING AND ZONINC3 CO2�12SSION, SAME TO BE A PART OF TFiE CITY'S COMPREHENSIVE PLAN. SECONDED BY CODNCILMENIDER MEA3ELE5. THE MdTIOAi WAS APPROVED iJDIANIMaUSLY. 1300 **COUNCILMEI�ER BRIZENDINE MOVED TO APPROVE ORDINANCE NO. T98-15; FIRST READING OF AN ORDINANCE REJECTING TIiE SCHEDULE OF EQUIPMENT AND INSTALLATION RATES PROPOSED �BY TCI CENTRAL, INC. , D/B/A TCI CASLEVISION OF HOUSTON' AND FINDING THAT SUCH R.ATES ARE UNREASONABLE; ESTABLISHING THE MAXIMUM fiOURLY SERVICE CHAF2GE TO BE USED TO DEVELOP THE EQUIPMENT A2JD INSTALLATION R.ATES OF TCI CENTRAL, INC. , D/8/A TCI CABLEVISION OF HOUSTON; ESTABLISFIING THE MAXIMUM PERMITTED R.ATES FOR EQUIPMENT AND INSTALLATION CHARGESf DECLARING THE REGULATED STATUS OF THE INSIDE WIRE MAINTENANCE PROGRAM; ESTABLISHING THE MAXIMUM PERMITTED R.ATE FOR TCI'S INSIDE WIRE MAINTENANCE PROGR.AM; SETTZNG FORTH OTHER PROVISIONS RELATED TO THE SUBJECTj PROVIDING A PENALTY OF AN AMOUN'r NOT TO EXCEED $500 PER DAY FOR EACH VIOLATION HEREOF; AND PROVIDING FOR SEVEFtABILITY. SECONDED BY COUNCILMEMBER ERICSSON. THE MOTION PASSED 6-1 WITH COUNCILMEMBER DICKEY OPPOSED. **COUNCILMEMBER MANISON MOVED TO APPROVE ORDINANCE T98-16, FIRST READING OF AN ORDINANCE REJECTING THE SCHEDULE OF RATES FOR BASIC SERVICE TIER CABLE PROPOSED BY TCI CENTRAL, INC. , D/B/A TCI CABLEVISION OF HOUSTON, INC. , AND FINDING SUCH PROPOSED RATES UNREASONABLEj DETERMINING A REASONASLE MAXIMiJM PERMITTED RATE PER SUBSCRIBER PER MONTFi FOR THE PERIOD JUNE l, 1997, TO MAY 31, 1998; REJECTING THE SCTiEDULE OF R.ATES FOR BASIC SERVICE TIER CABLE ON THE H1632A SYSTEM PROPOSED BY TC2 CENTRAL, INC. , D/B/A/ TCI CABLEVISION OF HOUSTON, INC. , AND FINDING SUCH PROPOSED R.ATES UNREASONABLEj ESTABLISHING THE MAXIMUM PERMITTED PER SYSTEM OF TCI CENTRAL, INC. , D/B/A/ TCI CABLEVISION OF HOUSTON, INC. j REJECTING THE SCHEDULE O� RATES FOR BASIC SERVICE TIER CABLE ON THE HZ632AR SYSTEM PROPOSED BY TCI CENTRAL, INC. , D/B/A/ TCI CABLEVISION OF HOIISTON, INC. , AND FINDING SUCH PROPOSED R.ATES UNREASONABLE; ESTABLISHING THE MAXIMUM PERMITTED PER SUBSCRISER PER MONTH BASIC CABLE SERVICE R.ATES ON THE H1632AR SYSTEM OF TCI CENTR.AL, INC. , D/B/A TCI CABLEVISION OF HOUSTON, INC. j SETTTNG FORTH OTHER PROVISIONS RELATED TO THE SUBJ'ECTj PROVIDING A PENALTY OF $500 PER VIOLATION HEREOFj AND PROVIDING FOR SEVERABILITX. SECONDED BY COUNCILMEMBER ERICSSON, THE MOTION PASSED 6-1 WITH COUNCILMEMBER DICKEY OPPOSED. **COUNCILMEMBER HAJECATE MOVED TO APPROVE THE CONSENT AGENDA AS PRESENTED WITH TFiE EXCEPTION OF ITEM B: A. AUTHORIZE THE SALE OF FRIENDSWOOD VOLUNTEER FIRE DEPARTMENT'S ENGINE 84 TO CALGON CHEMICAL CORP IN THE AMOUNT OF $20, 000 WITH THE ADVERTISING FEE OF $2, 000, LEAVING A NET TO THE CITY OF $18, 000. C. APPR�VE AGREEMENT WITH ALPHA. LEE FOR AERIAL FIREWORKS DISPLAY FOR THE ANNUAL FOURTFI OF JULY CELESRATION. D. RESOLUTION R98-18, A RESOLUTION ENDORSING APPOINTMENTS/REAPPOINTMENTS TO THE GALVESTON COUNTY UNITED BOARD OF HEALTH. E. MINiTTES OF APRIL 13 AND MAY 18, 1998. SECONDED BY COUNCILMEMBER MANISON. THE MOTION WAS APPROVED UNANIMOUSLY. , COUNCILMEMBER MEASELES LEFT THE ROOM AT THIS TIME. **COUNCILMEMBER MF+�NISON MOVED TO APPROVE ITEM B OF THE CONSENT AGENDA: APPROVE INTERLOCAL AGREEMENT WITH GALVESTON COUNTY FOR ASPHALT STREET OVERLAY FOR MINGLEWOOD, N. CLEAR CREEK, TIMBERI,ANE AND WINDING WAY AND THE DITCH MAINTENANCE PROGRAM. SECONDED BY COUNCILMEMBER DICKEY. THE MOTION PASSED 6-0. COUNCILMEMBER MEASELES RETURNED AT THIS TIME. 1301 A MOTION WAS MADE AND APPROVED TO ADJOIIRN AT 8: 2 P.M. r MAYOR HAROLD L. WHITAKER ATTEST: C Q f ¢ DELORIS MCKEN IE, RMC CITY SECRETARY 1 zi �