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HomeMy Public PortalAboutCity Council Minutes 04-25-1995 MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING APRIL 25, 1995 1. CALL TO ORDER Mayor Kelley called the meeting to order at 7:30 p.m. in the Council Chambers of the Richland Hills City Hall, 3200 Diana Drive, Richland Hills, Texas. Councilmembers Present: Nelda Stroder, Curtis Whitfield, Reta P. Kaastad, and Roy Maberry. Councilmembers Absent: Larry Wilson City Staff Present: City Manager Stephen Hughes, City Secretary Terri Willis and City Attorney James Cribbs. 2. INVOCATION AND PLEDGES OF ALLEGIANCE The invocation was given by Associate Pastor Tim Kemp of the Richland Hills Baptist Church. • Councilmember Stroder led the Pledge of Allegiance to the United States and Texas flags. 3. COUNCIL-APPOINTED BOARDS City Manager Hughes advised there were no appointments to be made at this time. 4. SOLID WASTE~YOUTH RECREATION SURVEY RESULTS City Manager Hughes advised that 979 responses were received on the recent survey conducted to determine the level of solid waste collection service desired by the citizens, and also whether the citizens would support the creation of a Youth Activities Advisory Board and the placement of a $.50 per month voluntary donation on the utility bill to fund youth recreation programs. The survey results were as follows: Question 1 Level of Solid Waste Collection Service) One pickup per week at $7.32/month plus sales tax - 365 Two pickups per week at $8.59/month plus sales tax- 583 • MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING APRIL 25, 1995 PAGE 2 4. SOLID WASTE~YOUTH RECREATION SURVEY RESULTS (cont'd.) Question 2 (Youth Activities Board/Recreation Program) Yes - 461 No - 481 City Manager Hughes expressed his appreciation to Mr. JoDon Hicks for assisting in tabulating the results of the survey. 5. SOLID WASTE COLLECTION RATES City Manager Hughes advised that a 4/5 vote of the Council was required on a franchise amendment ordinance, therefore, with Councilmember Wilson being absent and Councilmember Kaastad abstaining from voting on Laidlaw issues, only three votes were possible, therefore, this item needed to be tabled. • MOTION: A motion was made by Councilmember Stroder, and seconded by Mayor Pro Tem Maberry, to table action on this item. The motion carried by a vote of 3 to 0, with Councilmember Kaastad abstaining from the vote. City Manager Hughes advised that the Mayor may call a Special Meeting for Thursday, May 4, 1995, at 6:00 p.m. in order to take action on this item, if Councilmember Wilson would be able to attend. 6. CABLE TV FRANCHISE AMENDMENT The City Attorney had prepared an ordinance to amend the franchise agreement with Sammons Communications to require Sammons to provide a second public access channel dedicated soley to public access programming. City Manager Hughes read the ordinance caption into the record as follows "AN ORDINANCE AMENDING ORDINANCE NO. 420 OF THE CITY OF RICHLAND HILLS, TEXAS, CONCERNING THE CABLE TELEVISION • FRANCHISE CURRENTLY HELD BY SAMMONS COMMUNICATIONS, INC.; AMENDING SUBSECTION K "PUBLIC ACCESS CHANNELS" OF SECTION 13 "OPERATIONAL STANDARDS" OF SAID ORDINANCE N0. 420, TO REQUIRE THE FRANCHISEE TO FURNISH A DEDICATED PUBLIC ACCESS CHANNEL; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE." MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING APRIL 25, 1995 PAGE 3 6. CABLE TV FRANCHISE AMENDMENT (cont'd.) Mr . Hughes advised this was the second required summary of the ordinance which was required prior to adoption, and also pointed out that a 4/5 affirmative vote of the Council would be required for adoption. City Attorney Cribbs advised that the proposed ordinance would provide for at least two channels to be reserved for the use of the public one of which shall have non-discriminatory access without charge on a first-come first-serve basis, and the other channel shall be reserved exclusively for public educational and City use, at the discretion of the City. MOTION: A motion was made by Councilmember Stroder, and seconded by Councilmember Whitfield, to adopt the ordinance amending Ordinance No. 420 of the City of Richland Hills concerning the cable television • franchise and specifically amending Section 13 "Operational Standards", Subsection K "Public Access Channels". Mr. Tom Soulsby, General Manager of Sammons Communications, advised the Council if they adopted the proposed ordinance, Sammons would be required to provide the channel. Mr. Soulsby pointed out that Sammons currently provides separate access channels exclusively for public education for the Birdville Independent School District on Cable Channel 50, Cable Channel 7 exclusively for the City of Richland Hills, and an additional educational channel for Tarrant County Junior College. Mr. Soulsby advised that pursuant to the 1992 Cable Television Act, this type of franchise requirement was an external cost, and the cost associated with providing the second channel would be passed through to all of the subscribers of the City of Richland Hills and would be amortized over the life of the franchise and would be shown as a line item on the monthly bill. Mr. Soulsby pointed out that in the proposed resolution, Paragraph K should be revised to clarify the meaning of "without charge". Mr. Soulsby emphasized that Sammons would make the channel available, however, the cost associated with the use of the channel would be an external cost passed on to the subscribers and any additional cost for services required by an individual user would be charged to that individual user. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING APRIL 25, 1995 PAGE 4 6. CABLE TV FRANCHISE AMENDMENT (cont'd.) The Council discussed with Mr. Soulsby the cost involved in providing the public access channel, and depending on the amount of equipment needed and whether Sammons or the City would be programming the channel would determine the cost to the subscribers. Mr. Soulsby emphasized the fact that if public access was provided, it would be open to anyone on a non-discriminatory basis with no editorial control. City Attorney Cribbs discussed with Mr. Soulsby as to why he had not provided the Council with information concerning the costs associated with providing a public access channel. Mr. Soulsby explained he did not feel he had been given sufficient time to provide this information prior to this evening. WITHDRAWAL • OF MOTION: Councilmember Stroder withdrew her motion at this time. MOTION: A motion was made by Councilmember Stroder, and seconded by Councilmember Whitfield, to table the ordinance and request a cost proposal from Sammons for playback capable equipment located outside of City facilities and without the use of City employees. The motion unanimously carried. 7. REMOVAL OF CONSENT AGENDA ITEMS City Manager Hughes advised that Gonsent Agenda Items 8-C and 8-D needed to be removed for individual consideration. C. Approval of Calling a Special Meeting of the City Council for 7:30 p.m., May 8, 1995 to Canvass the Results of the May 6, 1995 General and Special Elections. MOTION: A motion was made by Councilmember Whitfield, and seconded by Councilmember Kaastad, to remove Item 8-C from the Consent Agenda and no action be taken. The motion unanimously carried. • MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING APRIL 25, 1995 PAGE 5 7. REMOVAL OF CONSENT AGENDA ITEMS (cont'd.) D. Adoption of an Ordinance Amending Section 6, Garbage Collection Rates of Chapter 6, Health and Sanitation, of the City Code, as Amended, to Make Adjustments to the Rates and Charges; Providing Severability and Savings Clauses; and Providing an Effective Date. MOTION: A motion was made by Councilmember Stroder, and seconded by Mayor Pro Tem Maberry, to remove Item 8-D from the Consent Agenda and table action. The motion unanimously carried. 8. CONSENT AGENDA City Manager Hughes reviewed the remaining items on the Consent Agenda as follows: • A. Approval of the Minutes of the March 28, 1995 Regular City Council Meeting; B. Award of Contract for the 1995 Valley Gutter Program to R & T Construction Company in the Amount of $6,677.80; E. Approval of Specifications and Authorization of Staff to Seek Competitive Sealed Bids for the Replacement of the Tennis Court Lights and Controller; and, F. Approval of a Contract with Huitt-Zollars in the Amount of $9,976 for Engineering Design Work Necessary for the Relocation of the City Utility Lines at Glenview Drive to IH-820 Related to the Interchange Improvement Project at the Subject Location. MOTION: A motion was made by Mayor Pro Tem Maberry, and seconded by Councilmember Kaastad, to approve the Consent Agenda as presented. The motion unanimously carried. 9. REPORTS AND COMMENTS • ?Oliver Pettit, 7505 Hovenkamp, Richland Hills, spoke to the Council regarding newspaper articles concerning recycling programs in neighboring cities and the income they receive. MINUTES OF THE RICHLAND HILLS CITY COUNCIL • REGULAR MEETING APRIL 25, 1995 PAGE 6 9. REPORTS AND COMMENTS (cont'd.) ?Jean Spieker, 3401 Jonette, Richland Hills, advised that Ms. Kim Ripple, a resident on Lavon Drive, had requested her to read a statement to the Council since she would not be able to attend the meeting this evening. The statement is attached as a part of the minutes as requested by Ms. Spieker. ?Truman Harrell, 6509 Marcille Court, Richland Hills, requested the Council to not get involved with the public access cable channel. ?Keith Smith, 6500 Lavon Drive, Richland Hills, requested clarification as to why the appeal filed by Mr. Larry Wood regarding the property located on Lavon Drive was considered to be filed too late. City Manager Hughes explained that if the appeal was in regard • to the .issuance of the permit, the appeal would need to be filed within 15 days of the permit being issued. 10. ADJOURNMENT Mayor Kelley declared the meeting adjourned at 8:08 p.m. APPROVED: . F. K L EY, MAYOR ATTEST: ~ L `~CS~A TERRI LLIS, CITY SECRETARY •