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1986-09-22 CITY COUNCIL REGULAR MEETING MINUTES22 MDUM OF A MMM MEETING OF THE CITY COTMIL OF THE CITY OF PEM", TEXAS, HEID ON SEPTEMBER 22, 1986, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEM", TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember Richard Tetens Councilmember James Bost Councilmember Charles Mack City Manager Ronald J. Wicker City Attorney Luke L. Daniel City Secretary Kay Krouse Absent from the Meeting: Councilmember Stella Roberts and Councilmember/Mayor Pro Tem Dennis Frauenberger The invocation was given by Mayor Tom Reid. Wicker. u;.�;,�Iik� The Pledge was led by City Manager Ron It was moved by Councilmember Tetens, seconded by Councilmember Bost, that the minutes of the Regular Meeting of September 8, 1986, be approved as submitted. Motion passed 2 to 0. Councilmember Mack abstained. It was moved by Councilmember Tetens, seconded by Councilmember Mack, that the minutes of the Public Hearing of September 16, 1986, be approved as submitted. Motion passed 2 to 0. Councilmember Bost abstained. MAYOR'S ACTIVITY REPORT/CITIZENS Mayor Reid read a proclamation proclaiming the Week of September 26 - October 5, 1986 as Knights of Columbus Days for the Hearing Impaired. Accepting the proclamation were members of St. Helen 8960 Council. Mayor Reid presented a proclamation to Joel Dawson, President of Pearland High School Student Council. This proclamation proclaims the Week of September 22-26 as Pearland Oiler Proud Week in Pearland. Mayor Reid presented Carol Davis, President - Board of Directors, a proclamation pro- claiming the Month of October as Big Brother/Big Sister Month in Pearland. Mayor Reid issued a proclamation proclaiming the week of October 5-10, 1986 as Armed Services Awareness Week in Pearland. Jim Hodges, President of the Pearland Police Officers Association, conducted a Citizen/Officer Awards Program on behalf of the Association by presenting the following with Meritorious Service Awards: Steve Kees, Dennis Matheson, Bob Trainer, Jim Watson and Mike Madison, all from Pearland High School and Sgt. R. J. Cuna from Pearland Police Department. Mr. Kees, Mr. Matheson and Sgt. Cuna were not present. Mr. Hodges also presented Certificate of Appreciation Awards to Bill Gonzales of Pearland Wrecker and Jay Chapman, Sec./Treas. of Pearland Police Officers Associa- tion. Mayor Reid congratulated each of the recipients. COUNCIL ACTIVITY REPORTS: None City Attorney Luke Daniel reported that regarding Item No. 1 under Unfinished Business, the FAA has not made its final determination on whether Galveston Street in Pearland Pavilion Subdivision should be opened to through traffic. He recommended 23 not to remove this item from the table. Mr. Daniel also reported that, referring to Item No. 1 under New Business, a petition was filed with the City at approximately 7:00 P. M. this evening. It appears to have been filed by more than 20/ of the property owners living within 200 feet of the applicant who is requesting a specific use permit for a rabbitry. This petition is in opposition of the proposed request. ?110. UNFINISHED BUSINESS MOTION TO REMOVE FROM TABLE COUNCIL ACCEPTANCE OF PEARLAND PAVILION AND CITY ACCEPTANCE OF SAME On recommendation of City Attorney, this item was passed to a future agenda. ORDINANCE NO. 338A, ORDINANCE AMENDING AND RECODIFYING CHAPTER 9-1/2 OF CITY CODE OF ORDINANCES, ICY MEDICAL SERVICES City Manager Ron Wicker explained this Ordinance was read on first reading at the previous Council meeting. Since that time, we are recommending a minor change which would require that it be read on first reading again. On page 4, Section 7, the term served by the Director of Emergency Medical Services was changed from one year to two calendar years, and we ask that this amendment be approved on its first reading. Ordinance No. 338A read in caption by Councilmember Tetens. (First Reading) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that this amended Ordinance No. 338A be approved on the first of two readings. Said Ordinance No. 338A reads in caption as follows: ORDINANCE NO. 338A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS .•- AMENDING AND RECODIFYING CHAPTER 9 1/2 (EMERGENCY MEDICAL SERVICES) OF THE CITY CODE OF ORDINANCES; ESTABLISHING A CITY MEDICAL SERVICE AND PROVIDING FOR ITS SUPERVISION AND CONTROL; ESTABLISHING CERTAIN PROCEDURES FOR THE OPERATION OF SUCH DEPARTMENT; DEFINING TERMS; SETTING FORTH STANDARDS FOR AMBULANCE SERVICE AND EMERGENCY MEDICAL SERVICES GENERALLY; ALLOWING FOR ADOPTION OF A FEE SCHEDULE AND COLLECTION OF FEES; DECLARING CERTAIN ACTS UNLAWFUL; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; REPEALING ORDINANCE NO. 338; HAVING A GENERAL REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmember Mack, Councilmember Bost, and Councilmember Tetens. Voting "No" - None. Motion passed 3 to 0. ORDINANCE NO. 523, APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGROM G OCTOBER 1, 1986, ENDING S =MBER 30, 1987 Ordinance No. 523 read in caption by Councilmember Mack. (Second Reading) It was moved by Councilmember Mack, seconded by Councilmember Bost, that Ordinance No. 523 be passed and approved on the second and final reading. Said Ordinance No. 523 reads in caption as follows: ORDINANCE NO. 523 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1986, AND ENDING SEPTEMBER 30, 1987. Voting "Aye" - Councilmember Tetens, Councilmember Bost and Councilmember Mack. Voting "No" - None. Motion passed 3 to 0. 24 ORDINANCE NO. 524, ORDINANCE LEVYING TAXES AND PROVIDING FOR INTEREST AND SINKING FLW OF THE TAXABLE YEAR. 1986 Ordinance No. 524 read in caption by Councilmember Bost. (Second Reading) It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Ordinance No. 524 be passed and approved on the second and final reading. Said Ordinance No. 524 reads in caption as follows: ORDINANCE NO. 524 AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAX- ABLE YEAR 1986 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Voting "Aye" - Councilmember Mack, Councilmember Bost and Councilmember Tetens. Voting "No" - None. Motion passed 3 to 0. ORDINANCE NO. 525, APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR ENTITLEMU PERIOD 18 BEGINNING OCTOBER 1, 1986 AND ENDING SE T:! 2 ER 30, 1987 Ordinance No. 525 read in caption by Councilmember Tetens. (Second Reading) It was moved by Councilmember Tetens, seconded by Councilmember Mack, that Ordinance No. 525 be passed and approved on the second and final reading. Said Ordinance No. 525 reads in caption as follows: ORDINANCE NO. 525 AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD 18 BEGINNING OCTOBER 1, 1986 AND ENDING SEPTEMBER 30, 1987. Voting "Aye" - Councilmember Tetens, Councilmember Bost and Councilmember Mack. Voting "No" - None. Motion passed 3 to 0. ORDINANCE NO. 528, ANIMAL CONTROL ORDINANCE Ordinance No. 528 read in caption by Councilmember Mack. (Second Reading) It was moved by Councilmember Mack, seconded by Councilmember Tetens, that Ordinance No. 528 be passed and approved on the second and final reading. Said Ordinance No. 528 reads in caption as follows: ORDINANCE NO. 528 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AMENDING AND RECODIFYING CHAPTER 6 (ANIMALS AND FOWL) OF THE CITY CODE OF ORDINANCES; DESIGNATING LOCAL HEALTH AUTHORITY FOR RABIES CONTROL; DEFINING TERMS; DECLARING ANIMALS AT LARGE TO BE A NUISANCE AND PROVIDING FOR ABATEMENT THEREOF; PROVIDING MINIMUM STANDARDS, RULES AND REGULATIONS FOR THE KEEPING OF ANIMALS AND FOWL; DECLARING UNLAWFUL THE KEEPING OF CERTAIN WILD ANIMALS AND PROVIDING FOR THE IMPOUNDMENT THEREOF; PROVIDING RABIES CONTROL PROCEDURES AND REPORTING BY VETERINARIANS; ESTABLISHING PROCEDURES FOR THE CONTROL OF ANIMALS WHICH BITE OR OTHERWISE ATTACK; CREATING AN ANIMAL CONTROL BOARD FOR THE DESIGNATION AND DESTRUCTION OF CERTAIN VICIOUS AND DANGEROUS ANIMALS; ESTABLISHING HEARING PROCEDURES FOR SUCH BOARD; REQUIRING LICENSING OF DOGS AND CATS AND THE WEARING OF TAGS; REQUIRING VACCINATION OF DOGS AND CATS; PROVIDING STANDARDS FOR THE OPERATION OF KENNELS, AND REQUIRING A LICENSE THEREFOR; PROVIDING FOR SUSPENSION, REVOCATION OF SUCH LICENSE AND ESTABLISHING HEARING PROCEDURES FOR THE SAME; PROVIDING FOR ADOPTION, REDEMPTION, SALE OR DESTRUCTION OF IMPOUNDED ANIMALS; DECLARING CERTAIN ACTS UNLAWFUL; PRO- VIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; REPEALING PRIOR 25 ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmember Tetens, Councilmember Bost and Councilmember Mack. Voting "No" - None. Motion passed 3 to 0. ORDINANCE NO. 529, CONSTRUCTION SPEED ZONE ORDINANCE ON F. N. 518 WITHIN CORPORATE LTS OF PEARLAND Ordinance No. 529 read in caption by City Attorney Luke Daniel. (Second Reading) It was moved by Councilmember Bost, seconded by Councilmember Mack, that Ordinance No. 529 be passed and approved on the second and final reading. Said Ordinance No. 529 reads in caption as follows: ORDINANCE NO. 529 AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ON A PORTION OF F M 518 WITHIN THE CORPORATE LIMITS OF PEARLAND AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. Voting "Aye" - Councilmember Mack, Councilmember Bost and Councilmember Tetens. Voting "No" - None. Motion passed 3 to 0. NEW BUSINESS COUNCIL DECISION ON APPLICATION NO. SP -5, LYNNE DENTON, AGENT FOR WILLIAM K. AND BARBARA J. DENTON, OUNERS Mayor Reid advised this item would be passed until the City Attorney has an opportunity to review notes presented to him by Mayor Reid. RESOLUTION NO. R86-22, RATIFICATION OF TRAFFIC CONTROL DEVICES INSTALLED IN THE CITY Resolution No. R86-22 read in entirety by Councilmember Bost. It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Resolution No. R86-22 be passed and approved on the first and only reading. Said Resolution No. R86-22 reads in caption as follows: RESOLUTION NO. 886-22 A RESOLUTION CONCERNING THE INSTALLATION OF TRAFFIC CONTROL DEVICES IN THE CITY AND RATIFYING THE SAME. Voting "Aye" - Councilmember Tetens, Councilmember Bost and Councilmember Mack. Voting "No" - None. Motion passed 3 to 0. COUNCIL DECISION ON APPLICATION NO. SP -5, LYNNE DENTON, AGENT FOR WILLIAM K. AND BARBARA J. DENTON, OWNERS, FOR A SPECIFIC USE PERMIT FOR AGRICULTURAL ANIMAL HUSBANDRY IN AN R-1 DISTRICT Mayor Reid advised that prior to the opening of the meeting this evening, Mrs. Barbara Denton submitted a letter to him which will be officially received into the records of the City. Mayor Reid read a portion of the two-page letter which was addressed to the City Council and the Planning & Zoning Commission from Barbara J. Denton in which she stated her desire to withdraw their request for a Special Use Permit and asked that Council give them sixty days in which to place the rabbits with their new owners. Mayor Reid asked Lynne Denton if it was her wish to withdraw the request. Lynne Denton nodded her head yes. Mayor Reid declared this application withdrawn. 26 YESOLUTION NO. R%-23, A RESOLUTION ADTHORIZING MAYOR TO EMLVrE CONTRACT DESIGNATING OFFICIAL CITY .17—YM015R.1, City Manager Ron Wicker recommended that, based on their good performance in the past, the Pearland Journal be again designated as the official City newspaper. Resolution No. R86-23 read in entirety by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Resolution No. R86-23 be passed and approved on the first and only reading. Said Resolution No. R86-23 reads in caption as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND BETWEEN THE CITY OF PEARLAND AND THE PEARLAND JOURNAL. Voting "Aye" - Councilmember Mack, Councilmember Bost and Councilmember Tetens. Voting "No" - None. Motion passed 3 to 0. Mayor Reid recognized former Mayor Carlton McComb from the audience. Mr. McComb commented on some of the disadvantages of Joint Public Hearings now allowed under the new zoning ordinance. MEETING RECESSED AT 8:37 P. M. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Councilmember Mack be excused from the regular meeting of September 8, 1986. Motion passed 2 to 0. Councilmember Mack abstained. EXCUSED ABSENCE FOR COLMILMEMBER STELLA ROBERTS FROM REGULAR MEETING OF SEPTEMBER 22, 1986 It was moved by Councilmember Tetens, seconded by Councilmember Mack, that Councilmember Roberts be excused from the regular meeting of September 22, 1986. Motion passed 3 to 0. ADJUSTMENTS AND ENCUMBRANCES FROM THE 1985-86 BUDGET City Manager Ron Wicker asked that Council amend the list presented for encumbrances and add one additional item; that is, Account No. 6581-3310, Inspection Department Capital Outlay in the amount of $9,000. It was moved by Councilmember Bost, seconded by Councilmember Mack, that the following funds be encumbered into the 1986-87 Budget: Account No. 6536-3390 5301-3350 6580-3310 Motion passed 3 to 0. APPRUVAL OF IMICES Description Amount McLean Road Park Grant $13,226 (Phase 1) Excavation of Landfill Pit $49,000 Inspection Department $ 9,000 (Capital Outlay) (a) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Invoice No. 9445, Dansby & Miller, AIA Architects, for inspection services on r_ -- 27 the new City Hall, in the amount of $2,682.00, be approved and paid from the appropriate funds. Motion passed 3 to 0. (b) It was moved by Councilmember Tetens, seconded by Councilmember Mack, that Invoice No. 0279214, Vinson & Elkins, Attorneys at Law, for services rendered in connection with the issuance of $4,500,000 City of Pearland, Texas, Public Improvement Bonds, Series 1986, in the amount of $7,063.47, be approved and paid from the appropriate funds. Motion passed 3 to 0. (c) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Application for Payment No. 4, LOSCO, Inc., for construction of new City Hall, in the amount of $124,779.65, be approved and paid from the appropriate funds. Motion passed 3 to 0. (d) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Estimate No. 2, Tennis Tech, Inc., for surface preparation and painting of Independence Park tennis courts and basketball courts, in the amount of $5,580.00, be approved and paid from the appropriate funds. Motion passed 3 to 0. (e) It was moved by Councilmember Tetens, seconded by Councilmember Mack, that Application for Payment No. 12, G. R. Grier, Inc., for expansion of Longwood and Barry Rose W.W.T.P. and Twin Creek Woods Lift Station in the amount of $141,253.00, be approved and paid from the appropriate funds. Motion passed 3 to 0. (f) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Invoice dated September 18, 1986, Walsh Engineering, for services rendered for survey, design and construction of drainage outfalls associated with the Highway Department's F. M. 518 widening project; intersection improvements on Old Alvin Road and Walnut/Barry Rose Road, in the amount of $2,879.73, be approved and paid from the appropriate funds. Motion passed 3 to 0. MEETING RECESSED TO EXECUTIVE SESSION AT 9:04 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: (1) Article 1269m V.A.T.C.S., (2) Houston Helicopter vs. City of Pearland, and (3) Houston Helicopter vs. Feldman Interests. - SUBSECTION (g) PERSONNEL - (1) Consideration of appointment to fill vacancy on Pearland Industrial Development Commission, (2) Report to Council on selection of Chief of Police, and (3) Discussion of appointment of member to the Planning & Zoning Commission. NOTING RE'LZIRN M TO OPEN SESSION AT 10:13 P. M. - NO ACTION TAKEN The meeting adjourned at 10:13 P. M. Minutes approved as submitted and/or corrected ATTEST: City Sec tary A. D., 1986.