1988-08-22 CITY COUNCIL REGULAR MEETING MINUTESms
MIlVUTES OF A RE( RM MEffM OF THE CITY CMCIL OF THE CITY OF PEARLAM, TEXAS, H KW
ON AUGUST 22, 1988, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PF.ARLAND,
TEXAS
The meeting was called to order with the following present:
Mayor
Tom Reid
Councilmember/Mayor Pro Tem Stella Roberts
Councilmember David Smith
Councilmember James Bost
Councilmember William Wolff
City Manager Ronald J. Wicker
Interim City Attorney Robert Talton
Assistant City Manager Donald Birkner
City Secretary Kay Krouse
Absent from the meeting: Councilmember Richard Tetens
The invocation was given by Councilmember David Smith. The Pledge of Allegiance was
led by City Secretary Kay Krouse.
It was moved by Councilmember Bost, seconded by Councilmember Roberts, that the
Minutes of the Regular Meeting of August 8, 1988, be approved as presented.
Motion passed 4 to 0.
It was moved by Councilmember Roberts, seconded by Councilmember Smith, that the
Minutes of the Public Hearing of August 11, 1988, be approved as presented.
Motion passed 3 to 0. Councilmember Bost abstained.
It was moved by Councilmember Bost, seconded by Councilmember Wolff, that the Minutes
of the Joint Public Hearing of August 15, 1988, be approved as presented.
Motion passed 4 to 0.
It was moved by Councilmember Roberts, seconded by Councilmember Bost, that the
Minutes of the Special Meeting of August 16, 1988, be approved as presented.
Motion passed 4 to 0.
MAIM' S ACTIVITY HERMT
Delores Fenwick, President of Clean Pearland, gave an update on the activities of the
organization. Mrs. Fenwick presented a plaque from Clean Pearland to the City for
the Community Adopt -a -Spot Program for litter control in Pearland. The plaque
contains the names of organizations and individuals who have adopted less than a
mile. Those adopting more than a mile have a sign along the street in the area they
are participating in, Mrs. Fenwick said. Mayor Reid accepted the plaque, on behalf
of the City, and said it would be displayed in the front lobby at City Hall.
Mayor Reid issued a proclamation proclaiming September 11, 1988, as 9-1-1 Day in
Pearland and presented it to Assistant Police Chief Randy Garner.
Councilmember Wolff advised that Sheriff Joe King is looking for 25,000 used tires to
use as back stops and side wal is of a new firing range structure at the County
prison. Councilmember Wolff asked for Council consideration in setting up a
collection spot in Pearland.
Councilmember Wolff also reported he had a recent telephone conversation with Judge
Ray Holbrook of Galveston County concerning our proposed contract with Best Waste for
disposal of our solid waste, using a landfill located in Galveston County. Judge
Holbrook had no objection to this. In conclusion, Councilmember Wolff commended the
Director of Public Works, Superintendent of Water Production and Wastewater
Treatment, and the shop mechanics for all their efforts in fixing the auxiliary drive
engine at the Liberty Drive water plant.
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City Manager Ron Wicker read excerpts from a letter written to the Mayor from
Mauricio Hussmann, Director of Real Estate Services for Bambolino's, an Italian
restaurant scheduled to open in Pearland in the near future. In the letter Mr.
Hussmann complimented Ernesto Buenrostro and his assistant, Joe Zamora of the
Building Code Department for their efforts in helping his organization. Mr. Wicker
said that a copy of this letter would go into each of the employees personnel file.
In addition, Mr. Wicker reported that for some time the Police Department has been
operating with two patrolmen short; and that we have gone through the testing
requirements for new officers and we now have a full force. Assistant Police Chief
Randy Garner introduced the new officers, Jeff Dodson and Ricky Bort, and said they
were the top two out of 90 applicants and they will be a tremendous asset to our
Police Department.
CITIZENS • -
RICK= PUBLIC HEARINGS - Ncn6
i i a+►BUSINESS
ORDINANCE NO. 421-5, ORDINANCE AMENDING SECTION 27(D)(6) OF THE CITY CODE OF
OMINA111ES, HDID HAN410S AGS AND REPMU Tls ORDINANCE NO. 421-4
Ordinance No. 421-5 was read in caption by Councilmember Wolff. (Second Reading)
It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Ordinance
No. 421-5 be passed and approved on the second and final reading. Said Ordinance No.
421-5 reads in caption as follows:
ORDINANCE PA. 421-5
AN ORDINANCE AMENDING SECTION 27-4(D)(6) OF THE CODE OF ORDINANCES
OF THE CITY OF PEARLAND, TEXAS, BY CHANGING THE LANGUAGE OF THE
HOLD HARMLESS AGREEMENT, AND CONTAINING A REPEALING CLAUSE, A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE, AMID CON-
TAINING OTHER PROVISIONS RELATING TO THE SUBJECT.
Voting "Aye" - Councilmembers Wolff, Bost, Roberts and Smith.
Voting "No" - None.
Motion passed 4 to 0.
ORDINANCE NO. 555, ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND
BETWEEN THE CITY OF PEARLANID AND E & D WASTE SYSTEMS, INC. FOR DISPOSITION OF SOLID
WASTE
City Manager Ron Wicker reported that we were just recently notified the attorney for
E & D Waste Systems has recommended some changes to the proposed contract and Staff
has not had an opportunity to review these changes.
Mayor Reid advised that this item would be passed to the next regular agenda.
AUTHORIZATION FOR STAFF TO INCLUDE IN THE 1988-89 BUDGET PROVISIONS FOR CITY TAX
OFFICE
It was moved by Councilmember Wolff, seconded by Councilmember Bost, that for the
Year 1988-89 the City continue to have an in-house Tax Department.
Motion passed 4 to 0.
100
Council reviewed the following bids:
VENDOR PRICE EACH BAG PRICE EACH BUNDLE TOTAL NET PRICE
OF 52 BAGS
CENTURY PAPERS, INC. (NO RESPONSIVE BID)
UNION CAMP CORP. $ .25925 $13.481 $150,982.20
ALTERNATE BID:
BAGS PLAIN
WITH NO PRINTING $ .2528 $13.145 $147,230.72
BANCROFT BAG, INC. $ .24900 $12.948 $145,017.60
ALTERNATE BID: (SAME)
STONE CONTAINER CORP. $ .247 $12.844 $143,852.80
ALTERNATE BID: (SAME)
It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Bid No.
B88-15 for disposable refuse bags be awarded to Stone Container Corp. in the amount
of $143,852.80.
Motion passed 3 to 1. Councilmember Smith voted against.
COUNCIL DECISION ON SP -14, REQUEST BY PEARLAND INDEPENDENT SCHOOL DISTRICT FOR A .�
SPE=C USE PM4IT TO BUILD A HIGR SOWL ON A PORTION OF LAM ZIP R-2
Mayor Reid read into the records the following letter from Leroy Savoie, Chairman of
the Planning and Zoning Commission:
August 18, 1988
Honorable Mayor and Councilmembers
City Hall
Pearland, Texas
Dear Members:
In a special meeting held on August 15, 1988, the Commission considered the request
of Pearland Independent School District for a Specific Use Permit (SP -14) to
construct a public high school facility in an R-2 zone. (Property located on State
Highway 35, approximately 2000 feet southeast of John Lizer Road.)
Discussed by the Commission were site and conceptual plans, enforcement of the Land
Use and Urban Development Ordinance and the Subdivision Ordinance which deals with
streets and street rights-of-way. The Commission agreed that a subdivision plat
would be forthcoming prior to the issuance of a building permit and had concerns with
the function of the proposed street. Glenn Chaney, representative for the Pearland
Board of Trustees, explained that their contract, in buying the property, called for
the owner to have a roadway in place approved by the City and open to the public
which was not a part of the school property.
Al Lentz made a motion which was seconded by Benny Frank that SP -14, Specific Use
Request by Pearland Independent School District to build a public high school
facility in an R-2 zoning district, be approved with the stipulation that no site
101
plan be attached showing a proposed roadway. Motion passed 6 to 0.
The Commission is presenting this for Council's consideration.
Sincerely,
/s/ Leroy Savoie, Chairman
Planning and Zoning Commission
LS/EB:pv
It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Council
approve SP -14, request by Pearland Independent School District for a Specific Use
permit to build a high school on a portion of land zoned R-2.
Motion passed 4 to 0.
R'ESOIxTi'ION NO. R88-28, ESTAB ISHM THREE IVDGULAR NEETDG DATES FUR TIE
NON H OF SLR`1EMEEE2
Resolution No.. R88-28 was read in its entirety by Councilmember Bost.
It was moved by Councilmember Bost, seconded by Councilmember Smith, that Resolution
No. R88-28 be passed and approved on the first and only reading. Said Resolution No.
R88-28 reads in caption as follows:
RE90LUTION NO. 888-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING
THREE REGULAR MEETING DATES FOR THE MONTH OF SEPTEMBER, 1988, DUE TO VARIOUS
TIMING REQUIREMENTS OF THE CITY CHARTER AND STATE LAW RELATED TO ORDINANCES
NECESSARY TO ADOPT THE TAX RATE AND THE BUDGET.
Voting "Aye" - Councilmembers Smith, Roberts, Bost and Wolff.
Voting "No" - None.
Motion passed. 4 to 0.
ES'PTM M NO. 2, PYRANM SOUH*A ST COV01RMON FUR FINAL COVER OF LANDFILL, PHASE 1
City Manager Ron Wicker reported he had inspected the project today and the landfill
looks very good.
It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Estimate
No. 2, Pyramid Southwest Corporation for final cover of landfill, Phase 1, in the
amount of $83,080.67 be approved and payment made from the appropriate funds.
Motion passed 3 to 0. Councilmember Smith abstained.
City Manager Ron Wicker explained that the Staff has met with Mr. Sanders who is
proposing to buy a platted one acre lot on Hamm road and split it into two 1/2 acre
tracts. Mr. Sanders is asking for Council approval to obtain a building permit on a
r- lot that is less than originally platted. Mr. Wicker advised the 1/2 acre tracts far
exceed the minimum lot -size of that zoned area and Staff has no problem with this
request.
It was moved by Councilmember Smith, seconded by Councilmember Roberts, that the
Building Department be authorized to issue Mr. Sanders.a building permit to build on
one4-ial.f of the lot located in the 3200 block of Hamm Road.
Mr. Sanders was advised that at the time he proposes to sell the remaining one-half
acre lot, he will have to go through the platting process.
Motion passed 4 to 0.
102
AiMMZATION F CITY TO PARTICIPATE IN COALITION OF CITIES WITH ORIGINAL J[kiISDIC-
TION IN THE H.L.& P. PROPOSED RATE INCREASE BEFORE THE PUBLIC UTILITY COMMISSION
Mayor Reid pointed out that at the T.M.L. Region 14 meeting last Saturday in
Galveston, a discussion was held regarding the coalition of cities to conduct an
extensive analysis of HL&P's proposed rate increase application. The City of Houston
is planning to organize a Coalition of Cities with Original Jurisdiction and we have
been notified two other coalitions of area cities are planning to organize.
In a general discussion it was brought out that the City of Houston has the ability
to use in-house legal staff as well as hire outside consultants and they are willing
to share the knowledge gained through this process. The City of Houston plans to
form an advisory group and each participating city will be invited to send a
representative to the meetings.
It was moved by Councilmember Roberts, seconded by Councilmember Bost, that the City
join with the City of Houston in the Coalition of Cities with Original Jurisdiction
to obtain information on the analysis conducted regarding HL&P's proposed rate
increase, at no cost to the City.
Motion passed 3 to 1. Councilmember Wolff voted against.
REQUEST BY LORNA BYERLY, DIGICON GEOPHYSICAL, FOR A PERMIT TO CONDUCT SEISMOGRAPH
SURVEY WITHIN CITY LIMITS
Ms. Byerly explained her company had recently completed a seismograph survey within
our City and they are requesting a permit to conduct a second survey through a
portion of our city limits. Ms. Byerly presented for Council review a map showing
the area in which they will be conducting the test and she informed that they will be
using the air gun method and have obtained permission from the landowners.
Ms. Byerly stated the City has on file a Certificate of Insurance naming the City as
additional insured in the amount of $1,000,000 and they would like to use the same
permit bond the City has on file from the last project.
It was moved by Councilmember Wolff, seconded by Councilmember Bost, that a permit be
issued to Digicon Geophysical to conduct seismograph survey within the City limits
contingent upon the payment of the $500.00 permit fee and assurance from the bonding
company that the bond is still in force and effect for this new project.
Motion passed 4 to 0.
MEETING RECESSED TO EXECUTIVE SESSION AT 8:54 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.
NOTING RETURNED TO OPEN SESSION AT 9:23 P. M. - NO ACTION TA10N
Mayor Reid read the following items which were discussed in Executive Session and
signed a certification to that effect:
UNDER SUBSECTION (g) PERSONNEL - Council discussed the appointment of two members to
the Building Code Board of Adjustments and Appeals for a fours -year term.
UNDER SUBSECTION (e) LEGAL - Council discussed with attorney the subject of City of
Pearland v. B. M. Jamison et ux.
ADJOURN
The meeting adjourned at 9:24 P. M.
Minutes approved as submitted and/or corrected this day of i
A. D., 1988.
Mayor
ATTEST:
City Se#/retaxy