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1988-09-12 CITY COUNCIL REGULAR MEETING MINUTES109 N MMM OF A FMJIAR MEETM OF TFE CITY COIL OF TFE CITY OF PEARIAND, TEXAS, HEID ON SEPTEMBER 12, 1988, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PEARIARD, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Stella Roberts Councilmember William Wolff Councilmember Richard Tetens Councilmember David Smith City Manager Ronald J. Wicker Interim City Attorney Robert Talton Assistant City Manager Donald Birkner Director of Public Works William Thomasset City Secretary Kay Krouse Absent from the Meeting: Councilmember James Bost The invocation was given by Councilmember David Smith. The Pledge of Allegiance was led by Councilmember William Wolff. APPAWAL OF MIHITIESS It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the Minutes of the Regular Meeting held on September 6, 1988, be approved as presented. Motion passed 4 to 0. It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that the Minutes of the Public Hearing held on September 8, 1988, be approved as presented. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid issued two proclamations proclaiming September 22, 1988, as American Business Women's Day in Pearland for the Peartree and Rosette Chapters. Mary Stamford accepted the proclamation for the Peartree Chapter. Mayor Reid introduced Kitten Hajecate and Dick Daugird, members of the Muscular Dystrophy Telethon Committee in The Lighthouse. They spoke about the activities on Labor Day weekend at The Lighthouse, located on FM 528 in Friendswood. This year, for the 3rd Annual MDA Telethon, The Lighthouse was the number one pledge center in the Houston Metropolitan area. Ms. Hajecate said they were pleased that several businesses and residents from Pearland participated in the event this year, and they would like to extend an invitation to the Pearland community to join in with The Lighthouse team next year. COUNCIL ACTIVITY REPORTS - None City Manager Ron Wicker informed that a major hurricane currently in the Caribbean could quite possibly come into the Gulf shortly. City forces are thinking about what needs to be done in the event this hurricane comes our way. Generators and emergency vehicles will be checked out and other necessary preparations will be made. Mr. Wicker stressed that every citizen in Pearland needs to be prepared for the possibility this storm will hit our area and should start making emergency plans now. 110 Rudy Grigar, 2704 Robinhood. Mr. Grigar, signed to speak before Council, was not present at this meeting. 1.4 Di uD11 1 DQ ORDINANCE NO. 555, ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF PEARLAND AND E & D WASTE SYSTEMS, INC. FOR DISPOSITION OF SOLID WASTE Ordinance No. 555 was read in caption by Councilmember Wolff. (Second Reading) It was moved by Councilmember Wolff, seconded by Councilmember Smith, that Ordinance No. 555 be passed and approved on the second and final reading. Said Ordinance No. 555 reads in caption as follows: ORDINANCE NO. 555 AN ORDINANCE AUTHORIZING THE EXECUTION OF A SOLID WASTE AGREEMENT, A FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN E AND D WASTE SYSTEMS, INC. AND THE CITY OF PEARLAND, TEXAS AND AUTHORIZING PAYMENTS. Voting "Aye" - Councilmembers Wolff, Roberts, Tetens and Smith. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 509-12, ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, PROVIDING FOR THE MIANPING OF A SPECIFIC USE PERMIT TO CONSTRUCT A PUBLIC HIGH SCHOOL FACILITY IN AN R-2, RESIDENTIAL WKIING DISTRICT Ordinance No. 509-12 was read in caption by Councilmember Roberts. (Second Reading) It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Ordinance No. 509-12 be passed and approved on the second and final reading. Said Ordinance No. 509-12 reads in caption as follows: ORDINANCE NO. 509-12 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT TO CONSTRUCT A PUBLIC HIGH SCHOOL FACILITY IN AN R-2, RESIDENTIAL ZONING DISTRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Smith, Tetens, Roberts and Wolff. Voting "No" None. Motion passed 4 to 0. ORDINANCE NO. 556, AS AMRCM, AN APPROPR=ON ORDINANCE ADOPTING A BUDGET FUR THE FISCAL YEAR. BEGIN?M G OCTOBER 1, 1988 AND ENDING SEP`BWER 30, 1989 Mayor Reid informed that a section was inadvertently left out at the first reading of this Ordinance. Mayor Reid read the following amendment to Ordinance No. 556: SECTION 6. That there is hereby appropriated the sum of $893,327 to the Sanitation Fund for operating expense and necessary capital outlay for the Sanitation Department. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Ordinance No. 556 be amended to include the insertion of the new Section 6. Voting "Aye" - Councilmembers Roberts and Tetens. 111 Voting "No" - Councilmembers Wolff and Smith. As per provision of Section 3.01 (b) of Pearland City Charter: Mayor Reid voted "Aye." Motion passed 3 to 2. Ordinance No. 556 was read in caption by Councilmember Smith. (Second Reading) It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Ordinance No. 556 be passed and approved on the second and final reading. Said Ordinance No. 556 reads in caption as follows: AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1988, AND ELIDING SEPTEMBER 30, 1989. Voting "Aye" - Councilmembers Roberts and Tetens. Voting "No" - Councilmembers Wolff and Smith. As per provision of Section 3.01 (b) of Pearland City Charter: Mayor Reid voted "Aye. If Motion passed 3 to 2. ORDINANCE NO. 557, ORDINANCE IEVYING TAXES AMID PROVIDING FUR THE INTEREST AMID SINKING FUND OF HE TAXABLE YEAR 1988 AND APPOIONING EACH LEVY FOR UE SPECIFIC PURPOSE Ordinance No. 557 was read in caption by Councilmember Tetens. (Second Reading) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Ordinance No. 557 be passed and approved on second and final reading. Said Ordinance No. 557 reads in caption as follows: ORDINANCE NO. 557 AN ORDINANCE LEVYING TAXES FOR THE USE AMID SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1988 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Voting "Aye" - Councilmembers Tetens and Roberts. Voting "No" - Councilmembers Smith and Wolff. As per provision of Section 3.01 (b) of Pearland City Charter: Mayor Reid voted "Aye." Motion passed 3 to 2. NEW BUSINESS PAUL PHILBIN, REPRESENTING M.U.D. NO 2 - PETITION FOR CONSENT TO ANNEX LAND INTO MUNICIPAL UTILITY DISTRICT NO. 2 Mr. Philbin, representing M.U.D. No. 2, stated that as the development of the Southwyck project has progressed, it has been determined some minor boundary adjustments are again necessary. They are requesting the City of Pearland's consent to annex an additional 46.5774 acres. of land into M.U.D. No. 2. The land is currently located in Brazoria County M.U.D. No. 6 and they are in the process of deannexing that property. Mr. Philbin said M.U.D. No. 2 is now filing with the City a Petition for Consent to annex land in a Municipal Utility District and also a draft of the Consent Resolution has been presented for Council's review. In Council discussion it was requested that a letter be provided to the City stating M.U.D. No. 6 is in agreement with this annexation. Mr. Philbin was advised that in order to give our attorney more time to review this matter, the Resolution consenting to this annexation would be placed on the next regular Council agenda.. 112 REQUEST BY PETTY RAY MOPHYSICAL TO CONDUCT SEISNUC1iAPH SURVEY WITHIN CITY LATS Mayor Reid informed this item would be passed to a future agenda. RECEIVE INTO THE RECORDS COMMENTS FROM CAPITAL IMPROVEMENTS ADVISORY COMMITTEE CONCERNIM THE PROPOSED CAPITAL IMPROVEMENTS PLAN AND IMPACT FEES Mayor Reid read into the records of the City the following letter from Leroy Savoie, Chairman of the Capital Improvements Advisory Committee: September 8, 1988 The Honorable Mayor and City Council City of Pearland Pearland, Texas 77588 Dear Mayor and Council: The Capital Improvements Advisory Committee, in a regular meeting held on September 6, 1988, reviewed the proposed impact fees and updated 10 year capital improvements plan as presented by Messrs. Art Storey and Charles Kalkomey of Bernard Johnson, Inc. Discussed were capital improvement costs, methods of figuring capital recovery fees, and location of existing and proposed capital improvement projects. It was moved by Al Lentz, seconded by Mary Starr, to accept the recommendations and proposals as submitted by Bernard Johnson, Inc. Motion passed 6 to 0. The Advisory Committee is submitting this for Council's consideration. Sincerely yours, /s/ Leroy Savoie Chairman LS/EB:pv DISCUSSION OF SECTION 7-17(b) OF THE CITY CODE OF ORDINANCES, CONCERNING ISSUING BUILDING PERMIT ON ANY IDT THAT IS LESS THAN ORIGINALLY PLATTED Councilmember Smith stated he was confused about the two recent cases coming before Council involving Section 7-17(b) of the City Code. In Mr. Bruno's case, on a lot in Sleepy Hollow, he was permitted a building permit to build on a lot less than was originally platted. In Mr. Sanders' case, on an acre lot on Hamm Road, he was granted a building permit on one half of the lot but was also told he would need to replat if he sold off the other one half acre lot. Councilmember Smith said it seems we are not being consistent in what we are doing. Mayor Reid requested the Interim City Attorney get together with Staff and give Council an opinion on the matter. Councilmember Smith advised that in Texas a death certificate has to be registered. The problem arises, with the City of Pearland being in both Brazoria and Harris Counties, when there is a death in Green Tee. In Brazoria County, the Justice of the Peace in the precinct is the registrar. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Joy Niday Colson be appointed as City Registrar in Harris County. Motion passed 4 to 0. AUfHDRIZATION TO FILE LAWSUIT FOR. RECOVERY OF ATTORNEY FEES ON THE B. M. JAMISON, ET UX, ACQUISITION OF RIQM-0F-WAY It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Council authorize Staff to proceed with filing a lawsuit for recovery of legal fees the City iia incurred on the B. M. Jamison, et ux, acquisition of right-of-way for the widening of FM 518. Motion passed 4 to 0. ADJOURN The meeting adjourned at 8:34 P. M. Minutes approved as submitted and/or corrected this A. D., 1988. ATTEST: City Secretary