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1988-04-25 CITY COUNCIL REGULAR MEETING MINUTES36 MINUTES OF A REGULAR MMTM OF THE CITY COUNCIL, OF TIE CITY OF PEARLAND, TEXAS, HELD ON APRIL 25, 1988 AT 7:30 P. M. IN THE CITY HALL, 3519 TTB's DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Richard Tetens Councilmember Councilmember Councilmember Councilmember City Manager City Attorney Assistant City Manager William Wolff Dennis Frauenberger James Bost Stella Roberts Ronald J. Wicker Luke L. Daniel Donald Birkner Public Works Director William Thomasset City Secretary Kay Krouse INVOCATION AMID PLEDGE OF ALLEGIANCE The invocation was given by Councilmember James Bost. The Pledge of Allegiance was led by Councilmember Dennis Frauenberger. It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that the Minutes of the Regular Meeting of April 11, 1988 be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Frauenberger, seconded by Councilmember Wolff, that the Minutes of the Special Meeting of April 18, 1988 be approved as submitted. Motion passed 4 to 0. Councilmember Tetens abstained. CHANGE IN THE ORLIER OF BUSINESS UNFIMIISE� BUSINESS MOTION TO REMOVE FROM TABLE APPROVAL OF AGREEMENT BETWEEN CITY AMID UNITED WAY OF BRA7ARIA COUNTY TO IFA.SE 71E OLD CITY HALL BUILDING It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that approval of agreement between City and United Way of Brazoria County to lease the old City Hall building be removed from the table and considered at this time. Motion passed 5 to 0. In a general discussion among Council, Councilmember Wolff expressed his concern that the agreement gave the City no assurances for the final say of the use of the building. Councilmember Tetens commented he feels that since the United Way of Brazoria County derives its funds from citizens of Pearland, as well as the county, they would not do anything which would be disagreeable to the citizens of this area. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the lease agreement between the City and United Way of Brazoria County be approved as presented in the agenda packet. Motion passed 4 to 1. Councilmember Wolff voted against. 37: MAYOR'S ACTIVITY FMO= Mayor Reid issued a proclamation proclaiming May 3, 1988 as National Teacher's Day and May 1-7, 1988 as Teacher Appreciation Week in Pearland. Accepting the proclama- tion was Elaine Johnson from Pearland Intermediate School. Mayor Reid commented that he had the opportunity of attending the Annual Bosses' Night for the Salt Grass Chapter of the Texas Municipal Clerks Association last Saturday and City Secretary Kay Krouse, who was president this year, conducted the meeting. He was pleased to have presented Kay with a plaque from the Chapter honoring her as Outstanding Municipal Clerk for 1988. Councilmember Roberts reported on Clean Up Day in Pearland held last Saturday which was a big success and thanked the Mayor, Council and all the citizens who helped. Thirty-five organizations adopted a spot to clean. Approximately 30 Girl Scout troops participated and 250 bags of trash were picked up. Councilmember Bost reported he has met with the City Manager and the Assistant City Manager to review the draft of the personnel policies and procedures and this item should be ready in the near future for discussion at a workshop. Councilmember Wolff reported he has concerns about the traffic in the City, traveling from the west to the east, and questioned the possibility of opening the one-half mile of unimproved right-of-way on Magnolia Road which lies between McLean Road and Veterans Drive. This would give the citizens living on the west side of the city another route to take to get to Highway 35. Mr. Wolff asked for a study to be made of that possibility. Mr. Wolff also mentioned the possibility of a study concerning the feasibility of opening up the area of CR 101 beginning at its intersection of CR 1128 over to where it intersects with Highway 288; thereby, traffic coming off 288 could follow on into Pearland Sites Road, thus alleviating the traffic on West FM 518. ^ In addition, Mr. Wolff questioned whether there could be tome communication between Council and Staff regarding budget preparation prior to the actual initiation of that process. Mayor Reid asked the City Attorney to look into the legality of this matter. DEPARTMENTAL REPORTS City Manager Ron Wicker reported that, by an agreement between the County and City, County Commissioner Bi l ly Joe Plaster's crews, using county equipment and paving material furnished by the City, have been overlaying as many streets in our City as we have money for. This has been a very cost effective method, costing us about $8,000 a mile and we are certainly getting our money's worth, Mr. Wicker said. In answer to a question by Council, Mr. Wicker advised the barricades on the streets into the Pearland Pavilion Subdivision should remain because the subdivision has not as yet been accepted by the City. CITIZENS 1. Richard Simpson, Pearland Signs. Mr. Simpson appeared before Council to express his concerns about the newly adopted Sign Ordinance. He recommended changes to certain sections of the ordinance; those dealing with special events, portable sign limitations, distance between each portable sign, wind load requirements and the $2,000 per day fine. In addition, Mr. Simpson stated he would like the 0=0 citizens to come in to get a sign permit instead of the sign companies. Mayor Reid advised Mr. Simpson to meet with the City Manager to discuss these concerns. 2. Luther Cunningham, 2416 S. Washington. Mr. Cunningham stated he was speaking in behalf of Pulte Homes because it is his property they wanted to purchase. Mr. Cunningham requested Council consider changing the wording in the Waiver and Hold Harmless Agreement that an owner signs when he wants to build within 100 feet of an existing pipeline easement. Mr. Cunningham presented Council with a copy of a letter from Pulte attorneys in which they stated their objection to some of the wording of the waiver and stated their recommended rewording. SWE Mayor Reid suggested that the City Manager and the City Attorney review these recommendations to see if they were acceptable to the City. 0A 1.4 W 01 ' 1 DQr eti • c NEW BUSINESS •1 FRUXW61)r r •, rw--i 10 a r •iaAI xy M Q,$,:• s I -mTv, u JIL0741 Pr e' ��r •,r r r i ia�•, •. 1 •r aa�• �r i• r • r� r• : r t!• r r r ia�• City Attorney Luke Daniel explained that when the Planning and Zoning Commission met the first time to consider this application, they tabled action on it and determined that they would like to have a written commentary from the Fire Chief. Larry Steed, Pearland Fire Chief, did submit a letter to the Planning and Zoning Commission in which he commented on the inherent dangers of liquified petroleum gas storage generally and problems it could create for our Fire Department if they had to battle a liquid petroleum gas fire. The following letter from Leroy Savoie, Chairman of the Planning and Zoning Commission, was entered into the records of the City: April 20, 1988 Honorable Mayor and Councilmembers City Hall Pearland, Texas Dear Members: In a special meeting held on April 19, 1988, the Commission considered the request of Robert Compton, Agent for Billy Griffin, Owner, for a Specific Use Permit (SP -12) to store and sell liquified petroleum in a commercial zone (1921 E. Broadway). A motion was made by Clyde Starns, seconded by Helen Beckman, to remove Specific Use 12 from the table for consideration and possible action. Motion passed 6 to 0. The Commission introduced into the records a letter from Larry Steed, Chief of the Pearland Volunteer Fire Department (copy attached). After discussion and delibera- tion, a motion was made by Benny Frank, seconded by Clyde Starns, that the Planning and Zoning Commission recommend to Council, approval of Specific Use Permit 12 with no tank storage or dispensers south of the northest corner of the building or 90' from the front property line, whichever is greater. Motion failed with 2 ayes and 4 noes, with Members Frank and Starns voting aye and Members Beckman, Savoie, Starr and Garner voting no. Subsequent to the vote, the floor was opened for further discussion or motion. It was moved by Helen Beckman, seconded by James Garner, to deny the permit. Motion passed 4 to 2, with Benny Frank and Clyde Starns voting against. The Commission is submitting this for Council's consideration. Sincerely, /s/ Leroy Savoie, Chainnan Planning and Zoning LS:pv It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that, based on the recommendation from the Planning and Zoning Commission, Specific Use Request, Application No. 12, by Robert Compton, Agent for Billy Griffin, Owner, be denied. Motion passed 4 to 1. Councilmember Frauenberger voted against. 39 ORDINANCE NO. 529-1, ORDINANCE ESTABLISHING CONSTRUCTION SPE® ON FN 518, AND DECIARIWx A PENALTY FOR VIOLATION Ordinance No. 529-1 was read in caption by Councilmember Wolff. (First Reading) It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Ordinance No. 529-1 be passed and approved on the first of two readings. Said Ordinance No. 529-1 reads in caption as follows: AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ON A PORTION OF FM 518 WITHIN THE CORPORATE LIMITS OF PEARLAND AND PROVIDING A PENALTY FOR VIOLATION THEREOF. Voting "Aye" - Councilmembers Wolff, Frauenberger, Tetens, Bost and Roberts. Voting "No" - None. Motion passed 5 to 0. TO ACCEPT BIDS FUR SALE OF A 1971 =MIET, FUM—]EEL DRIVE PIOW City Manager Ron Wicker explained that the Fire Department would like to dispose of this truck which has been used as a brush fire vehicle as it will soon be replaced by a newer unit. They feel they will get better bids on this vehicle by offering it for sale to other fire fighting agencies. It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Council authorize the Staff to accept bids for the sale of one 1971 Chevrolet, four wheel drive pickup truck used by the Fire Department. Motion passed 5 . • AIMMZATION TO ACCEPT BIDS FOR SAI OF CNE CWWIET NUDL)LAR APHRANCE AND ONE FGHD VAN It was moved by Councilmember Frauenberger, seconded by Councilmember Wolff, that Staff be authorized to take bids for the sale of one Chevrolet modular ambulance (651) and one Ford van ambulance (654) used by the E.M.S. Department. Motion passed 5 to 0. APPROVAL OF FEE SQ-EDUIE TO BE USED IN THE SIGN BUSIN1= Public Works Director Bill Thomasset explained that these fees are all required by the Sign Ordinance. The sign permit fee and site inspection fees are based on what we feel is the actual administrative and field inspection cost involved. There was a general discussion between Council and Staff regarding the fees and the requirements set out in the ordinance. It was moved by Councilmember Wolff that approval of the fee schedule be tabled until the Sign Ordinance Review Committee looks at the ordinance more closely as it relates to the requirements of these fees. City Manager Ron Wicker commented that at the present time no one can get a sign permit because we do not have approved sign fees. Council discussion continued concerning the possible modifications to the ordinance regarding the number of fees required. Motion failed for lack of a second. It was pointed out by Councilmember Roberts that the fee schedules are established under minute order by Council and can be changed when the need arises. It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Council accept the Sign Fees as presented, with the idea that the Review Committee may recommend changes at a later date. K11 Motion passed 5 to 0. • •,r • , r 1 gz1vigo r � a i� r r i r , � i n� r;• i � i� r tip• wo- i:!a�• r • City Manager Ron Wicker informed that Mr. Lairson's company has done an outstanding job in the past and he would recommend approval of the proposal. It was moved by Councilmember Wolff, seconded by Councilmember Frauenberger, that Council approve the proposal. from Earl Lairson and Company, Certified Public Accountants, to examine the financial statement of the various funds for the year ending September 30, 1988. Motion passed 5 to 0.' AU HDRIZATION TO HULD PUBLIC AUCTION FUR DISPOSAL OF SURPLUS PROPERTY ON MAY 7, 1988 City Manager Ron Wicker explained the City has about 20 motorized vehicles of various sorts that we need to dispose of. We have talked to an auctioneer, David Bean of Pearland, who is willing to hold our auction for us on May 7. It was moved by Councilmember Wolff, seconded by Councilmember Bost, that the City hold a public auction for disposal of surplus property on May 7, 1988. Motion passed 5 to 0. CALL OF SPECIAL MEETING FOR APRIL 27, 1988 AT 7:30 P.M. TO HOLD EXECUTIVE SESSION WITH PEARLAND INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES TO DISCUSS POSSIBLE SCHOOL SITES It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Council call a special meeting for April 27, 1988 at 7:30 P.M. to hold a joint executive session with Pearland Independent School District Board of Trustees to discuss possible school sites. Motion passed 5 to 0. APPROVAL OF INVOICES (a) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Invoice No. 2, Bernard Johnson, Inc., for Pearland Facilities Plan, in the amount of $14,060.00 be approved and payment made from the appropriate funds. Motion passed 4 to 1. Councilmember Wolff voted against. (b) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Invoice No. 95866PC, Unisys Corporation, for hardware for the computer system for the Police Department in the amount of $44,387.00 be approved and payment made from the appropriate funds. . Motion passed 5 to 0. APPOINTMENT OF AD HOC MEMBER TO THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE TO REPRES NT THE EXTRATERRITORIAL JURISDICTION Mayor Reid advised that this item will be passed until after Executive Session. MEETING RECESSED TO EXECUTIVE SESSION AT 8:52 P.M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Reid read, from the posted agenda, the topics to be discussed in Executive Session. MEETING RET[IIUM TO OPEN SESSION AT 9:24 P.M. Mayor Reid read the following items which were discussed in Executive Session and signed a certification to that effect: UNDER SUBSECTION (g) PERSONNEL - (1) Council discussed the appointment of an interim City Attorney and (2) Council discussed the appointment of an ad hoc member to the Capital Improvements Advisory Committee. 41 i NEW BUSINESS (Continued) APPOINTMENT OF AD HOC MEMBER TO THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE TO FEPF40M THE EXTRATERREWHEAL JURISDICTION It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Council appoint Mark Klein, 3504 Landsdowne Court, as an ad hoc member to the Capital Improvements Advisory Committee. Motion passed 5 to 0. ADJOURN The meeting adjourned at 9:26 P.M. Minutes approved as submitted and/or corrected this _ day of , A. D., 1988. Mayor ATTEST: City Se tart'