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1986-11-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARIAM, TEXAS, HELD ON NOVEMBER 10, 1986, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS Mayor Tom Reid Councilmember/Mayor Pro Tem Dennis Frauenberger Councilmember Councilmember Councilmember City Manager City Attorney Stella Roberts Richard Tetens James Bost Ronald J. Wicker Luke L. Daniel City Secretary Kay Krouse Absent from the Meeting: Councilmember Charles Mack � •• �; a �� r � � a The invocation was given by Councilmember James Bost. The Pledge was led by Chief of Police Bob Riemenschneider. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the minutes of the Regular Meeting of October 27, 1986, be approved as submitted. Motion passed 4 to 0. Mayor Reid recognized students from Government classes at San Jacinto Junior College. Mayor Reid announced that the Brazos Bend Water Authority will have its organizational meeting on Wednesday, November 12, 1986, here in Pearland in the City Council Chambers. Mayor Reid commented on the excellent Annual Clean Pearland Meet- ing held at the Community Center last week. COUNCIL ACTIVITY REPORTS: None City Manager Ron Wicker requested Council to consider a Workshop for Monday, November 17, 1986 to hear a presentation by the GAP Freeway Association on their proposed route of the GAP Freeway; to discuss priorities in Revenue Sharing; and to discuss annexation of land in Harris County. Mayor Reid called a Council Workshop for November 17, 1986. Barbara Lenamon, as Chairman of the City's United Way Campaign, reported on the fine contributions made by City employees to United Way this year. Ms. Lenamon also mentioned the copy of the ruling of the Court of Appeals in the Brazoria County Appraisal District vs Notlef (Houston Helicopters) case that was included in each Council agenda packet. 1. Mr. Walter High, 2518 Ash Road, Pearland. Mr. High appeared before Council with a request for Council to consider EMS subscription service for residents outside the City limits. Mr. High stated that he, as well as other residents in his area, could not afford the non-resident fees that will be charged. �� �� a t • • e.AOL . - 45 •'ill1 •• ,I,1'I l • ,3 11 111 11 ! DI /• I� 1'i! 1 1 1 `+ 1 N CD' 1' 4D4 141 D1 / IDI' Ordinance No. 509-6 read in caption by Councilmember Frauenberger. (Second Reading) It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that Ordinance No. 509-6 be passed and approved on the second and final reading. Said Ordinance No. 509-6 reads in caption as follows: •ND 1 1 •• AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING AN AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Frauenberger, and Councilmember Bost. Voting "No" - None. Motion passed 4 to 0. ) 1 • • 1'il 1 •'1 1 `ill•ga vD • i 'i i'i�! Iii •' x i• • �I�. 1 1 II City Manager Ron Wicker explained that prior to the end of each year the City needs to act on updating service credits through the Texas Municipal Retirement System. This year we are proposing additional benefits, one of which is 10 year vesting as opposed to the present 20 -year and increased retiree benefits. The City's contribution for these additional benefits would change from 4.88% to 5.35%. Mr. Wicker stated he felt these benefits would provide more incentives for existing employees to stay with the City and he would recommend approval of this Ordinance. Ordinance No. 530 read in caption by Councilmember Tetens. (First Reading) It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that Ordinance No. 530 be passed and approved on the first of two readings. Said Ordinance No. 530 reads in caption as follows: 11*til l • 1 • AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF PEARLAND; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS; AND AFFECTING PARTICIPATION OF CITY EMPLOYEES IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM; GRANTING THE ADDITIONAL RIGHTS, CREDITS AND BENEFITS AUTHORIZED BY SECTIONS 62.105 AND 64.202 OF TITLE 110B, +� REVISED CIVIL STATUTES OF TEXAS, 1925, AS AMENDED; PROVIDING THAT SUCH RIGHTS SHALL BE SUPPLE14ENTARY TO THOSE HERETOFORE ALLOWED AND THAT ARE IN FORCE ON THE EFFECTIVE DATE OF THIS ORDINANCE; AND PRESCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE. Voting "Aye" - Councilmember Bost, Councilmember Frauenberger, Councilmember Tetens, and Councilmember Roberts. Voting "No" - None. Motion passed 4 to 0. me REQUEST BY STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR ADDITIONAL AMOUNT OF $83,205.00 FOR CITY'S PORTION OF CONSTRUCTION COST FOR SECTION OF F.M. 518 WIDENING City Manager Ron Wicker explained that previously the City contributed its estimated share of highway improvements from Galveston County line two-tenths of a mile into the City, the amount being $187,365.00. Now the State is requesting an additional amount of $83,205.00 as the revised estimated cost. Mr. Wicker stated he had contacted representatives of the State today and requested a cost breakdown on what these funds are expended for and until we have a better explanation of these expenditures, he would like to recommend this item be passed and considered at a later date. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that consideration of this request by the State Highway Department for additional funds for a portion of F. M. 518 widening project be passed to a future agenda. Motion passed 4 to 0. ELUTION NO. R86-28, RESOLUTION AU11URImU MAYOR TO Exw= INTERLOCAL AGREEMENT WITH HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF POLICE PATROL VEHICLES City Manager Ron Wicker explained that each year we are afforded the opportunity to purchase police patrol vehicles through mass purchasing of the Houston -Galveston Area Council. The patrol cars this year are Ford Crown Victoria LTD's. We had anticipated purchasing four vehicles this year out of revenue sharing funds. The cost for purchasing four of these cars will amount to approximately $48,000 which will leave limited reserves in Revenue Sharing for other capital expenditures. There was a general discussion between Council and Staff concerning the purchase of these vehicles. It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that consideration of this item, Resolution No. R86-28, be passed to a special meeting to be held on November 17, 1986. Motion passed 4 to 0. APPROVAL OF ORGANIZATIONAL CHART FOR POLICE DEPARTMENT AND AUTHORIZATION FOR CITY ATTORNEY TO PREPARE NECESSARY ORDINANCE TO AMEND CIVIL SERVICE ORDINANCE Chief of Police Bob Riemenschneider presented for Council's review an organizational chart for reorganization within the classified personnel of the Police Department. The chart indicates the creation of three new lieutenant positions and Chief Riemenschneider explained that no additional people will be needed; there will be reorganization from within. The Chief also presented additional charts indicating suggestions on growth in the future years. It was pointed out that the Civil Service Commission was in full agreement with the organizational chart. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Council approve the organizational chart presented by the Police Chief and authorize the City Attorney to prepare the necessary ordinance to amend the Civil Service Ordinance. Motion passed 4 to 0. APPROVAL OF APPLICATION NO. 13, FtETkD", LEBCO CONSTRUCTORS, INC. FOR CONSTRUCTION OF PUBLIC SAFETY FACILITY IN THE AMOUNT OF $68,747.50 It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Application No. 13, Retainage, LEBCO, Inc., in the amount of $68,747.50 be approved and payment made from the appropriate funds. Motion passed 4 to 0. OF CITY POLICY ON MAINTENANCE OF PRIVATE DRIVEWAYS LOCATED ON STREET RIOT -OF --WAY City Manager Ron Wicker advised that for some years the City followed the policy of maintenance of private driveways being the responsibility of the owner of the property, and we are asking that Council reaffirm this practice. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that the City Council ratify the policy that maintenance of that portion of driveway which 47 is located on street right-of-way and which connects private property to a City street is the sole responsibility of the owner of the private property. Motion passed 4 to 0. EXCUSED ABSENCE FOR COUNCILMEMBER MACK FROM THE REGULAR MEETING OF NOVEMBER 10, 1986 It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Councilmember Mack be excused from the regular meeting of November 10, 1986. Motion passed 4 to 0 APPORMIENT OF INDIVIDUAL TO SME E AS CITY HEALTH AUIHORITY UMM APRIL 18, 1987 It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that Dr. David Armbruster be appointed City Health Authority for the remainder of the term through April 18, 1987. Motion passed 4 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:45 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SE7CTION 2 - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: (1) Article 1269m V.A.T.C.S., (2) Houston Helicopter vs. Feldman Interests, (3) E. H. Milstead vs. City, and (4) MECA vs. B. M. Jamison et. ux. SUBSECTION (g) PERSONNEL - (1) Discussion of Appointment to Fill Vacancy on Zoning Board of Adjustment. NEETIM RETS TO OPEN SESSION AT 9:56 P. M. NEW BUSINESS ( CONTINUED ) AUTMUZATION FOR CITY STAFF TO ENTER INTO LEGAL PROCEE)INGS REGARDIlG F. M. 518 It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that this item be tabled for consideration at a future meeting. Motion passed 4 to 0. ADJOURN The meeting adjourned at 9:57 P. M. Minutes approved as submitted and/or corrected this -P-41(\ day of , A. D., 1986. ATTEST: City Se tary