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1986-12-22 CITY COUNCIL REGULAR MEETING MINUTES63 DCM)T'ES OF A REQTIAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HEIR ON DECEMBER 22, 1986, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Dennis Frauenberger Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Stella Roberts Richard Tetens James Bost Charles Mack Ronald J. Wicker Luke L. Daniel Kay Krouse The invocation was given by Councilmember James Bost. The Pledge was led by Councilmember Stella Roberts. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the minutes of the Regular Meeting of December 8, 1986 be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that the minutes of the Public Hearing held on December 8, 1986 be approved as submitted. Motion passed 4 to 0. Councilmember Bost abstained. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the minutes of the Joint Public Hearing of December 9, 1986 be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Bost, seconded by Councilmember Frauenberger, that the minutes of the Joint Public Hearing of December 15, 1986 be approved as submitted. Motion passed 3 to 0. Councilmembers Tetens and Mack abstained. MAYOR'S ACTIVITY REPORT: Mayor Reid wished everyone a Merry Christmas and a Happy New Year. COUNCIL ACTIVITY REPORTS: None 1 D1:7.1 N 4 L ID '101• • • CITIZENS: None ORDINANCE NO. 531, ORDINANCE REGULATING SALE OF ALCOHOLIC BEVERAGES IN BUSINESS ESTABLISBMENTS IN CITY Ordinance No. 531 read in caption by Councilmember Mack. (Second Reading) It was moved by Councilmember Mack, seconded by Councilmember Tetens, that Ordinance No. 531 be passed and approved on the second and final reading. Said Ordinance No. 531 reads in caption as follows: z1d ORDINANCE NO. 531 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RESTRICTING THE SALE OF CERTAIN ALCOHOLIC BEVERAGES FOR ON - PREMISE CONSUMPTION TO LOCATIONS WHERE SUCH SALE IS INCIDENTAL TO FOOD SALE OR HOTEL OR MOTEL PURPOSES; REQUIRING THE FILING OF SALES TAX AND ALCOHOLIC BEVERAGE TAX RETURNS WITH THE CITY FOR VERIFICATION; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING FOR PUBLI- CATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmember Mack, Councilmember Bost, Councilmember Frauenberger, Councilmember Tetens, and Councilmember Roberts. Voting "No" - None. Motion passed 5 to 0. ADOPTION OF FEES TO BE CHARGED UNDER ANIMAL CONTROL ORDINANCE City Manager Ron Wicker presented for Council review a cost breakdown of fees presently charged and what is proposed. It was pointed out that on the fee schedule the boarding fee should indicate "per day" and the City license fee should indicate "per year". It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that the proposed fees for the Animal Control Ordinance be accepted as presented with the indications of the boarding fee and licensing fee specified in the fee schedule. Motion passed 5 to 0. MOTION TO REMOVE FROM TABLE COUNCIL ACCEPTANCE OF PEARLAND PAVILION It was moved by Councilmember Bost, seconded by Councilmember Frauenberger, that acceptance of Pearland Pavilion be removed from the table. Motion passed 5 to 0. CITY ACCEPTANCE OF PEARLAND PAVILION SUBDIVISION STREETS, WATER SYSTEM, SANITARY SEWER. SYSTEM AND DRAINAGE City Manager Ron Wicker informed Council that a meeting was held last week with Mr. Jerome Feldman, Mary Starr of Pearland Properties, Public Works Director Bill Thomasset and himself. They made an on-site inspection of the street in question in the Pearland Pavilion Subdivision and discussed the roadway problem as far as the F.A.A. was concerned. They arrived at a possible solution which would be the restriction of about seven feet of the present roadway near the helicopter pad. The restriction would involve using yellow striping, jiggle bar tiles and no parking signs, all of which Mr. Feldman would be responsible for. Since the meeting, Mr. Feldman had an engineering desi drawn up with places for signatures of the parties involved. City Attorney Luke Daniel advised he saw no legal reasons the City should hold up on acceptance of this subdivision. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that the City accept Pearland Pavilion Subdivision with the noted change on South Galveston Street at the Lockheed intersection, whereby yellow striping, jiggle bar the and no parking signs will be used and as detailed in the engineering design plan presented and contingent upon the signatures on the plan of the following five: Jerome Feldman; owner of Pearland Pavilion, Felton Baker, owner of Houston Helicopters; F.A.A. Representative; City Attorney Luke Daniel and Mayor Tom Reid. Motion passed 5 to O. NEW BUSINESS COUNCIL DECISION ON APPLICATION NOS. SP -7, AGRICULTURAL ANIMAL HUSBANDRY, AND SP -8, FARM ACCESSORY BUILDING, IN AN R-2 RESIDENTIAL DISTRICT, W. A. HEMPHILL, AGENT FOR JOHN J. ADAMS, OWNER Mayor Reid read into the records the following letter from Leroy Savoie, Chairman of the Planning and Zoning Commission: 65 December 18, 1986 The Honorable Mayor and City Council City Hall Pearland, Texas 77581 Councilmembers: At the Regular Meeting of December 15, 1986, the Planning and Zoning Commission considered and approved the request by W. A. Hemphill, agent for John J. Adams, owner, for Specific Use Permits No. SP -7, Agricultural Animal Husbandry and SP -8, Farm Accessory Building in an R-2 Residential District on Lot 13, Section 6, 13206 Hatfield Road. Al Lentz made a motion to approve the request subject to the following stipulations: 1. No commercial activity to be allowed, i.e., renting of stables. 2. Must comply with all requirements of present and future Animal Control Ordinances. 3. The proposed building or barn must not be located closer than fifty feet (501) to any property line. 4. Be limited to one (1) building 361x140' to include guest quarters and stalls. Carlton Baker seconded the motion. Motion passed with 4 ayes and 1 no, with Clyde Starns voting no. The Planning and Zoning Commission is presenting this for Council's consideration. Sincerely, /s/ Leroy Savoie Chairman Planning and Zoning Commission LS/dl It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that Application SP -7, Agricultural Animal Husbandry in an R-2 Residential District, W. A. Hemphill, Agent for John J. Adams, Owner, be approved subject to the four stipulations presented by the Planning and Zoning Commission and that the City Attorney be instructed to prepare the necessary ordinance. Motion passed 5 to 0. It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that Application No. SP -8, Farm Accessory Building in an R-2 Residential District, W. A. Hemphill, Agent for John J. Adams, Owner be approved subject to the four stipulations presented by the Planning and Zoning Commission and that the City Attorney be instructed to prepare the necessary ordinance. Motion passed 5 to 0. ORDINANCE NO. 525-1, ORDINANCE AWNDD G REVENUE %MRING BUDGETS Ordinance No. 525-1 read in caption by Councilmember Bost. (First Reading) It was moved by Councilmember Bost, seconded by Councilmember Mack, that Ordinance No. 525-1 be passed and approved on the first of two readings. Said Ordinance No. 525-1 reads in caption as follows: ORDINANCE NO. 525-1 AN ORDINANCE OF THE CITY OF PEM"M, TEXAS, AMENDING ORDINANCE NO. 525 ADOPTING REVENUE SHARING BUDGETS OF THE CITY OF PEAR - LAND; HAVING A REPEALING CLAUSE; AND AN EFFECTIVE DATE. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Frauenberger, Councilmember Bost, and Councilmember Mack. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R86-30, RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AND AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF FRIENDSWOOD FOR THE PROVISION OF WATER AND SEWER SERVICE Resolution No. R86-30 read in its entirety by Councilmember Frauenberger. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that Resolution No. R86-30 be passed and approved on the first and only reading. Said Resolution No. R86-30 reads in caption as follows: '0.% V •:. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AND AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF FRIENDSWOOD FOR THE PROVISION OF WATER AND SEWER SERVICE. Voting "Aye" - Councilmember Mack, Councilmember Bost, Councilmember Frauenberger, Councilmember Tetens, and Councilmember Roberts. Voting "No" - None. Motion passed 5 to 0. APPOINTMENT OF MEMBER TO ZONING BOARD OF ADJUSTMENTS TO FILL UNEXPIRED TERM OF HENRY MINGARELLI It was moved by Councilmember Roberts, seconded by Councilmember Bost, that Mary Starr be appointed as a member of the Zoning Board of Adjustments to fill the unexpired term of Henry Mingarelli. Motion passed 5 to 0. _ Mayor Reid administered the Oath of Office to Mary Starr. APPROVAL OF FOLLOWING INVOICES (a) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Invoice No. 9462, Dansby & Miller, Architects, for inspection services on new City Hall in the amount of $2,075.00 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 Application for Payment No. 7, LOSCO, Inc. for construction of new City Hall, in the amount of $163,467.45 be approved and payment made from the appropriate funds. Motion passed 5 to 0. (c) It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that Application for Payment No. 15, 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 $33,081.00 be approved and payment made from the appropriate funds. Motion passed 5 to 0. AUTHORIZATION FOR STAFF TO PROCEED WITH ANNEXATION OF AREA IN HARRIS COUNTY IN PEARLAND EXTRATERRITORIAL JURISDICTION City Manager Ron Wicker pointed out that for quite some time, in workshops and other meetings, Council has discussed the possibility of annexing the remaining property in Harris County in Pearland Extraterritorial Jurisdiction, and at this time, he is recommending that Staff be authorized to prepare the necessary documents and initiate 67 other procedures required. It was moved by Councilmember Bost, seconded by Councilmember Frauenberger, that the Staff be authorized to prepare and present to Council a Service Plan for the potential annexed area in Harris County. Motion passed 5 to 0. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO BID COMPUTER SYSTEM FOR POLICE DEPARTMU AND MUNICIPAL COURT City Manager Ron Wicker explained we have anticipated for quite some time a computer system for the Police Department. We do have sufficient funds available from bond funds to purchase this system. It was moved by Councilmember Bost, seconded by Councilmember Mack, that Council approve the specifications as presented and authorize the Staff to go out for bids on the computer system for the Police Department and Municipal Court. Motion passed 5 to 0. MEETING RECESSED TO EXECUTIVE SESSION AT 8:20 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 Helicopters vs. Feldman Interests, and (3) B. M. Jamison et ux vs. MECA Corporation. - SUBSECTION (g) PERSONNEL - Discussion of Appointment of Initial Member to Board of Directors for MUD No. 16. MEETING RETURNED TO OPEN SESSION AT 8:47 P.M. r„ NEW BUSINESS: Continued APPOIN1MENT OF INITIAL NE213ER TO BOARD OF DIR©CTORS FOR MUD N0. 16 It was moved by Councilmember Mack, seconded by Councilmember Bost, that Billy Wolff be appointed to the Board of Directors, to represent the City, for MUD No. 16. Motion passed 5 to 0. ADJOURN The meeting adjourned at 8:48 P.M. Minutes approved as submitted and/or corrected A. D . , 1987. ATTEST: City Se tary this aZ. day of Mayor