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1988-06-27 CITY COUNCIL REGULAR MEETING MINUTES•• KMES OF A Rfl(XI M MEETM OF 7W CITY CO[A M OF 7FE CITY OF PEARLAM, TEXAS, HELD ON JUNE 27, 1988, AT 7:30 P. M. AT 71E CITY HALL, 3519 TIBERFY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Stella Roberts Councilmember Councilmember Councilmember Councilmember City Manager Interim City Attorney Assistant City Manager Public Works Director City Secretary I U N_ : MC'W' Z i IN G # 0- I.er • 5. : ► .N William Wolff James Bost Richard Tetens David Smith Ronald Wicker Robert Talton Donald Birkner Bill Thomasset Kay Krouse The invocation was given by Councilmember James Bost. The Pledge of Allegiance was led by City Manager Ron Wicker. Mayor Reid made the following correction to the minutes of the Regular Meeting of June 13, 1988: on the bottom of the third page, item should be added that the absence of Councilmember Richard Tetens from the June 13, 1988 Regular Council meeting was excused. It was moved by Councilmember Roberts, seconded by Councilmember Wolff, that the minutes of the Regular Meeting of June 13, 1988 be approved as corrected by the addition of the item of excused absence for Councilmember Tetens. Motion passed 3 to 0. Councilmembers Bost and Tetens abstained. It was moved by Councilmember Bost, seconded by Councilmember Smith, that the minutes of the Special Meeting of June 20, 1988 be approved as presented. Motion passed 4 to 0. Councilmember Tetens abstained. NEW BUSINESS Mayor Reid explained the recent activities of the Brazos Bend Water Authority and that the original board members of the Authority, who were all elected officials, are now being replaced by citizen representatives. 1 • '�� • '1�1• • !"lal�l I�1 � I :i' •� :ilk 11 Y�1' � • ' II 1 � 1 Ordinance No. 553 was read in caption by Councilmember Tetens. (First and Only Reading) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Ordinance No. 553 be passed and approved on the first and only required reading as an emergency ordinance. Said Ordinance No. 553 reads in caption as follows: 67 j 0MINAMM NO. 553 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING ENTRY INTO AND EXECUTION OF REGIONAL SERVICE AGREEMENT BETWEEN THE CITY OF PEARLAND AND BRAZOS BEND WATER AUTHORITY FOR PARTICIPA- TION IN PHASE ONE GRANT CONTRACT DEALING WITH RESEARCH AND PLANNING FOR REGIONAL WATER SUPPLY AND WASTEWATER COLLECTION AND TREATMENT FACILITIES; AND DECLARING THE EXISTENCE OF AN EMERGENCY. Voting "Aye" - Councilmembers Smith, Tetens, Roberts, Bost and Wolff. Voting "No" - None. Motion passed 5 to 0. RESOLUTION ISA. R88-20, RESOLUTION APPOINTING A DIRECTOR TO THE BOARD OF DIRE MW OF THE BRAZOS BEND WATER AU FMTY AMID S[ EDIlG 11ESOL iTION NO. R86-25 Mayor Reid explained that at the initial onset of the Brazos Bend Water Authority, the City Council appointed him as a director to the board of the Authority and, as an alternate, they appointed Councilmember Al Lentz. Mr. Lentz has been involved with the Authority for the past several years and Mayor Reid said he would recommend Al to be his replacement on the board. Resolution No. R88-20 was read in its entirety by Councilmember Bost. It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Resolution No. R88-20 be passed and approved on the first and only reading. Said Resolution No. R88-20 reads in caption as follows: •4o-: • •, • • :: • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING A DIRECTOR TO THE BOARD OF DIRECTORS OF THE BRAZOS BEND WATER AUTHORITY AND SUPERCEDING RESOLUTION NO. R86-25. Voting "Aye" - Councilmembers Wolff, Bost, Roberts, Tetens and Smith. Voting "No" - None. Motion passed 5 to 0. lUEETIM FMKZSSED AT 7:45 P. M. i',104 01Z,ti;+� �:►►���la l Mayor Reid turned meeting over to Mayor Pro Tem Roberts and left Council Chambers at 7:55 P. M. NEW BUSINESS (CONTINUED) • •.'JI 1 NP. 1 •�1•i 1 •: • �. w •' 1 Y�1 City Manager Ron Wicker explained that Mr. Bruno purchased a lot in Sleepy Hollow that was five feet less than originally platted. Section 7-17(b) of the Pearland Code of Ordinances allows the City Council the authorization to grant a building permit on lots less than originally platted. When questioned by Council, Mr. Wicker stated that the lot is still larger than the minimum lot size for the Sleepy Hollow subdivision. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Council grant Vincent BrunooIs request that he be issued a building permit on his lot. Motion passed 4 to 0. MOTION TO R Ua FROM TABIE SEC= READIlWr OF ORDINANCE NO. 550 It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Ordinance No. 550 be removed from the table for consideration. Motion passed 4 to 0. ORDINANCE NO. 550, ORDDMNCE ABANDONING STREET RI(HI!-0F-WAY OFF MAMLIA AMID HIGHWAY 35 Ordinance No. 550 was read in caption by Councilmember Smith. (Second Reading) It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 550 be passed and approved on the second and final reading. Said Ordinance No. 550 reads in caption as follows: ORDINANCE NO. 550 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, VACATING, RELINQUISHING AND ABANDONING A CERTAIN RIGHT-OF-WAY LOCATED IN THE A.C.H. & B.R.R. COMPANY SURVEY SECTION 2, ABSTRACT 507, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. Voting "Aye" - Councilmembers Wolff, Bost, Tetens and Smith. Voting "No" - None. Motion passed 4 to 0. MEET M RECESS® AT 8:01 P. M. MEETING RECONVENED AT 8:08 P. M. WITH MAYOR REID PRESIDING MAYOR'S ACTIVITY REPORT Mayor Reid read a letter from the Executive Director of the Government Finance Officers Association notifying us that the City of Pearland had attained the Award for Distinguished Budget Presentation from their organization. This award is the highest form of recognition in governmental budgeting. Mayor Reid presented Janet Eastburn, Finance Director, a plaque commemorating this award. Mayor Reid advised that a new Sign Ordinance Review Committee has been formed to look at some of the areas in the ordinance possibly needing revision. This committee is composed of: David Smith and Stella Roberts as Council representatives; Mary Starr and Clyde Starns as Planning and Zoning representatives; and Tommy Alexander, repre- senting the business community. Mayor Reid also advised that a joint task force on fighting drugs has been established. This task force consists of two members from the School Board and two members of Council. Councilmembers are David Smith and Stella Roberts. Mayor Reid commended Councilmember Wolff for bringing this matter to the Council at the onset. Mayor Reid recognized members of the Rotary Club present in the audience. Mr. Jim Thomas introduced a fellow Rotarian from Peru who was visiting our City. Mayor Reid also recognized students present who are currently taking government classes. SIL ACTIVITY QTS Councilmember Smith reported the E.M.S. had their annual fund raiser last Friday evening and it was a big success. Councilmember Roberts reported she had attended, in behalf of the Mayor and the City, the Special Olympics dinner last week at the V.F.W. hall. Councilmember Roberts said it was a chazming and inspirational event. 69 - CITIZENS Lucy Woltz, representing Friendswood's 4th of July Committee, invited the Council and all Pearland citizens to attend the 93rd annual 4th of July celebration in Friendswood and described all the activities of the day. DOCKETED PUBLIC HEAR]2M - None tIl1 IiS'E� BUSINESS ( CONTINUED ) MOTION TO RElw M FROM TABLE SECOND READING OF ORDINANCE NO. 552 It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Ordinance No. 552 be removed from table and considered at this time. Motion passed 5 to 0. ORDINANCE NO. 552, ORDINANCE ABANDONING A CERMM ROAD DEDICATION ACROSS AIEXAMER TRACT Ordinance No. 552 was read in caption by Councilmember Smith. (Second Reading) It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 552 be passed and approved on the second and final reading. Said Ordinance No. 552 reads in caption as follows: ORDINANCE NO. 552 AN ORDINANCE OF THE CITY OF PEMU AND, TEXAS, VACATING, RELINQUISHING AND ABANDONING A CERTAIN RIGHT -OF --WAY LOCATED IN THE A.C.H. & B.R.R. COMPANY SURVEY SECTION 2, ABSTRACT 507, CITY OF PEARLAND, BRAZORIA COUNTY, Voting "Aye" - Councilmembers Smith, Tetens, Roberts, Bost and Wolff. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS (CONTINUED) RESOLUTION ND. R88-21, RESOLUTION ACCEPTING G EASEM U DEED FSM ELIZABETH A. NISBET TO 7W CITY FOR A RIGHT-OF-WAY EASEMENT Resolution No. R88-21 was read in its entirety by Councilmember Wolff. It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Resolution No. R88-21 be passed and approved on the first and only reading. Said Resolution No. R88-21 reads in caption as follows: RE9OILfl'ION NO. 888-21 A RESOLUTION ACCEPTING THE EASEMENT DEED FROM ELIZABETH A. NISBET TO THE CITY OF PEARLAND, TEXAS FOR A RIGHT OF WAY EASEMENT. Voting "Aye" - Councilmembers Wolff, Bost, Roberts, Tetens and Smith. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R88-22, RESOLUTION ACCEPTING ALLEYWAY DEED FROM AARON PASTERNAK TO CITY FOR AN ALLEYWAY City Manager Ron Wicker explained that this is an easement the City has needed for quite some time. With this easement we can properly relocate a pressure main from the lift station behind the Super Save grocery store, east and north to Regal Oaks. Mr. Wicker commended Councilmember Wolff for his assistance in obtaining this easement. Resolution No. R88-22 was read in its entirety by Councilmember Wolff. It was moved by Councilmember Wolff, seconded by Councilmember Smith, that Resolution 70 No. R88-22 be passed and approved on the first and only reading. Said Resolution No. R88-22 reads in caption as follows: RESOLUTION NO. R88--22 A RESOLUTION ACCEPTING THE ALLEYWAY DEID FROM AARON PASTERNAK TO THE CITY OF PEARLAND, TEXAS FOR AN ALLEYWAY. Voting "Aye" - Council.members Smith, Tetens, Roberts, Bost and Wolff. Voting "No" - None. Motion passed 5 to 0. RECEIVE INTO RECORDS RECOMMENDATION FROM CAPITAL IMPROVFMEN75 ADVISORY COMMITTEE CONCERNING AME.NUED LAND USE ASS[IFTIONS Mayor Reid read into the records the following letter from Leroy Savoie, Chairman of the Capital Improvements Advisory Committee: June 22, 1988 Honorable Mayor and Councilmembers City Hall Pearland, Texas Dear Members: In a meeting held on June 7, 1988, the Capital Improvements Advisory Committee reviewed maps which reflected revised land use assumptions which had been rearranged based on development information provided by the Committee and input received at the Public Hearing of May 16. The Committee reviewed the various changes with Mr. Charles Kalkomey and Mr. Art Storey and agreed the revised maps reflected a realistic picture of the projected growth of the City and its ETJ over the next ten years. A motion was made by Al Lentz and seconded by Mary Starr to recommend to Council acceptance of the amended land use assumptions as proposed by the Capital Improve- ments Advisory Connittee. Motion passed 6 to 0. The Capital Improvements Advisory Committee is submitting this for Council's consideration. Sincerely, /s/ Leroy Savoie Chairman LS/EB:pv It was moved by Councilmember Roberts, seconded by Councilmember Bost, that Council receive into the records the recommendation from the Capital Improvements Advisory Committee concerning the amended Land Use Assumptions. Motion passed 5 to 0. RESOLUTION 140. R88-19, R6fO=ON CA 1I G A PU3LIC DARING FUR ALX W 8, 1988, UMM DOCKETED PUBLIC HEARINGS OF THE REGULAR AGENDA TO CONSIDER THE REVISED LAND USE ASS(II43TIONS Resolution No. R88-19 was read in its entirety by Councilmember Bost. It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Resolution No. R88-19 be passed and approved on the first - and only reading. Said Resolution No. R88-19 reads in caption as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CALLING A PUBLIC HEARING FOR AUGUST 8, 1988, TO RECEIVE PUBLIC COMMENT ON LAND USE ASSUMPTIONS, TO BE USED TO DEVELOP A CAPITAL IMPROVEMENTS PLAN PURSUANT TO WHICH AN IMPACT FEE FOR WATER AND SEWERAGE FACILITIES MAY BE IMPOSED. Voting "Aye" - Councilmembers Wolff, Bost, Roberts, Tetens and Smith. Voting "No" - None. Motion passed 5 to 0. A. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Invoice No. 388687, Vinson & Elkins, in the amount of $5,462.56, fee for legal services rendered in connection with the issuance of $2,000,000 Public Improve- ment Bonds, Series 1988, be approved and payment made from the appropriate funds. Motion passed 5 to 0. B. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Estimate No. 1, Pyramid Developers, Inc., for Final Cover of the Landfill, in the amount of $138,213.36 be approved and payment made from the appropriate Hands. Motion passed 5 to 0. W 69 i 1i •V _ (67a_axgil,14 Do 04 Ll IDi•,ra • r,•± mato-. r.• -a�• r • r • �a�• r •, City Manager Ron Wicker explained that another sewer line cave-in has been located on Highway 35 South, near the old airport. This is an old concrete line and will be replaced with PVC pipe. We plan to make the repairs with City crews and would like to have authorization to make emergency purchases as needed for the repair of this line. It was moved by Councilmember Roberts, seconded by Councilmember Bost, that Council give authorization to Staff to make emergency purchases for repair to cave-in of sewer line on SH 35 South. Motion passed 5 to 0. r n • �►� r i�• r i Baa, ahV&*N4VD(N1 •, � � •:. City Manager Ron Wicker explained that the sewer line in question was actually located between McLean and Johnston Street. This section of line comes from the sewer manhole we have just repaired at Walnut and McLean and we feel it needs to be lined to prevent future failure. The estimated cost of this project is around $38,000 and, Mr. Wicker said, we are looking at several possible ways of funding this project. It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Staff be authorized to bid for the lining of existing sewer line between McLean and Johnston Street on Walnut. Motion passed 5 to 0. MEETING RECESSED TO EXECUTIVE SESSION AT 9:08 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICIE 6252-17, SE7CTION 2 Mayor Reid read, from the posted agenda, the topics to be discussed in Executive Session. MEETBG REMINM TO OPEN SESSION AT 9:31 P. M. - NO ACTION TAKEN 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 appointments and/or reappoint- ments of members to the Gas and Plumbing Code Board of Adjustments and Appeals, (2) Council discussed replacement of member on Animal Control Board, and (3) Discussion of Staff assignments and duties. The meeting adjourned at 9:33 P. M. Minutes approved as submitted and/or corrected thi A. D., 1988. ATTEST: City Se retary