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1987-07-13 CITY COUNCIL REGULAR MEETING MINUTES133 MINUTES OF A REGUiAR MEETING OF ME CITY COUNCIL OF THE CITY OF PEARLW, TEXAS, HELD ON JULY 13, 1987, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERI!Y DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Richard Tetens Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Charles Mack Dennis Frauenberger Stella Roberts James Bost Ronald J. Wicker Luke L. Daniel Kay Krouse The invocation was given by Councilmember James Bost. The Pledge of Allegiance was led by City Manager Ron Wicker. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Bost, that the Minutes of the Regular Meeting of June 22, 1987, be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the Minutes of the Joint Public Hearings held on July 6, 1987, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid reported the City was co host at a reception in recognition of the Texas Department of Highways and Public Transportation District 12 last Friday, July 10, from 5 to 6 P.M. in the City Hall. COUNCIL ACTIVITY REPORTS - None City Manager Ron Wicker reported that the other host for the reception on July 10 was the GAP Transportation Corporation. An estimated 75-100 people attended which included several elected officials from the area and representatives of the Texas Department of Highways and Public Transportation. Mr. Wicker stated he hoped this will inspire the Highway Department to work with us in the widening of F.M. 518. In addition, he was pleased to have our new facilities used for such occasions and hoped other organizations will use them for similar type functions. 1. Deloris Fenwick, Executive Editor, Pearland Journal. Mrs. Fenwick informed Council she would like to set the record straight concerning a letter to the Mayor and Council from C. D. Anderson complaining the Journal would not print his letter about his opinion of the traffic problems on F.M. 518. Mrs. Fenwick stated the Journal did print Mr. Anderson's letter in an April edition. 2. Greg Allison, representing Anthony Pools. Mr. Allison informed Council he was also speaking on behalf of the other pool companies working in the area. They would like to request Council amend Section 316 of the swimming pool code which requires a ladder in the deep end of the pool. They would like to see a broader interpretation of the code whereby the use of a bench or "loveseat" would also meet the requirements for exiting from the deep end of a pool. 134 After a general discussion among Council and Staff, Mayor Reid advised that the matter would be turned over to the Planning and Development Committee for their review and recommendation. 10-631 1.4 N W 01 2 UP 1 •1 x•11 1 • t•J110 1 1 • Ordinance No. 537 read in caption by Councilmember Mack. (Second Reading) It was moved by Councilmember Mack, seconded by Councilmember Frauenberger, that Ordinance No. 537 be passed and approved on the second and final reading. Said Ordinance No. 537 reads in caption as follows: ORDINANCE NO. 537 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION OF A RECORDS AND INFORMATION MANAGEMENT PROGRAM FOR THE CITY OF PEARLAND, TEXAS; PROVIDING RECORDS MANAGEMENT DUTIES FOR THE CITY SECRETARY; PROVIDING OWNERSHIP OF MUNICIPAL RECORDS AND RESPONSIBILITIES OF OFFICERS AND EMPLOYEES WITH RESPECT THERETO; PROVIDING FOR DESTRUCTION OF ORIGINAL MUNICIPAL PUBLIC RECORDS AND FOR OTHER MUNICIPAL RECORDS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; HAVING A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR CODIFICATION. Voting "Aye" - Councilmember Mack, Councilmember Frauenberger, Councilmember Tetens, Councilmember Bost and Councilmember Roberts. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS COUNCIL DECISION ON APPLICATION NO. 6, PENNY HUQHES, AMU FOR WILLIAM E. AMID MARY E. WOLFF, OWNELLS, FOR AN AMEND ENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, FROM MULTI-FAMLLY (MF) TO BEAVY INDUSTRIAL DISTRICT (M-2) Mayor Reid read the following letter from Leroy Savoie, Chairman of the Planning and Zoning Commission into the records: July 9, 1987 The Honorable Mayor and City Council City Hall Pearland, Texas Councilmembers: At the Regular Meeting of July 6, 1987, the Planning and Zoning Commission considered a request by Penny Hughes, agent for William E. and Mary E. Wolff, owners, for an amendment to the Land Use and Urban Development Ordinance from classification Multi - Family (MF) to Heavy Industrial District (M-2) on 18.98 acres, part of Tract 162 of the H.T. and B.R.R. Company Survey No. 28, Abstract 551. The property is located 1000 feet east of the 4000 block of South Main Street (Highway 35). The Commission had concerns that the tract was too close to a residential zone and that an M-2 designation adjacent to much more restrictive residential zones deviated from past attempts to buffer zones similar to these. Concerns also centered around the fact that this might be considered spot zoning and it also deviated too much from the original plan of the City. Clyde Starns made a motion that the request for approval be denied as submitted and Al Lentz seconded the motion. The motion passed with 5 ayes and Mary Starr abstaining. 135 The Planning and Zoning Commission is presenting this for Council's information. Sincerely /s/ Leroy Savoie Chairman, Planning and Zoning Commission LS/dl It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that due to the fact that this Application seems to go against the plans for growth development in our City, this request for a zone change be denied. Motion passed 5 to 0. AWARD OF BID 140. B87-8, MA9'F'RTAL FOR F.M. 518 DRAINAGE OUTFALL PROJECTS Council reviewed the following bids: VENDOR TOTAL PRICE DELIVERY DATE GIFFORD-HILL & CO, INC. $114,586.56 Pipe - 2 weeks Box Culvert - 8 weeks PARKER BROS & CO, INC. $119,915.80 Pipe - In stock Box Culvert - 30-45 days HYDRO CONDUIT CORP. $138,581.56 Not to exceed one work week It was moved by Councilmember Mack, seconded by Councilmember Bost, that Bid No. B87- 8, Material for F.M. 518 Drainage Outfall Projects, be awarded to Gifford -Hill & Company, Inc. in the amount of $114,586.56 with payment to be made from the appropriate funds. Motion passed 5 to 0. ADOPTION OF CITY POLICY Rdr"ING UTILITY GUARANTOR AGREEMENTS In a discussion regarding this policy, it was recommended that in item 6 of this agreement, first line, between the words "time" and "Guarantor," the phrase "before the guaranteed customer establishes good credit" be inserted. City Attorney Luke Daniel so noted this change. It was moved by Councilmember Bost, seconded by Councilmember Roberts, that the City Policy regarding Utility Guarantor Agreements as modified be approved. Motion passed 5 to 0. R'ESOIUrION NO. R87-17, RESOLUTION UPDATING ME 04ERIMMY OPERATIONS PLAN OF THE CITY OF PEAPJAN D City Manager Ron Wicker explained this plan provides for emergency operations in the City in cases of disaster or any other type emergency situation. It is basically the same as our previous plan with updated information on telephone numbers and names of volunteers. It was recommended by Councilmember Roberts that on page 8 of this plan, Section IV - A -2 should be changed to read: "The City of Pearland is located in Brazoria and Harris Counties about 16 miles south-southeast of the Harris County Courthouse." The correction was so noted. Resolution No. R87-17 read in its entirety by Councilmember Frauenberger. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that Resolution No. R87-17 be passed and approved on the first and only reading. Said Resolution No. R87-17 reads in caption as follows: We', RESOLUTION NO. R87-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, UPDATING THE EMERGENCY OPERATIONS PLAN. Voting "Aye" - Councilmember Roberts, Councilmember Bost, Councilmember Tetens, Councilmember Frauenberger, and Councilmember Mack. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R87-16, RATIFICATION OF TRAFFIC CONTROL DEVICES INSTALLED IN CITY City Attorney Luke Daniel explained this Resolution ratifies the installation of one stop sign on Green Tee Drive at Eagles Way and one yield sign on Birdie Court at Wicklow Drive. Resolution No. R87-16 read in its entirety by City Attorney Luke Daniel. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Resolution No. R87-16 be passed and approved on the first and only reading. Said Resolution No. R87-16 reads in caption as follows: RESOLUTION NO. R87-16 A RESOLUTION CONCERNING THE INSTALLATION OF TRAFFIC CONTROL DEVICES IN THE CITY AND RATIFYING THE SAME. Voting "Aye" - Councilmember Mack, Councilmember Frauenberger, Councilmember Tetens, Councilmember Bost, and Councilmember Roberts. Voting "No" - None. Motion passed 5 to 0. ADJUSTPUM TO COUNCIL C0NTINGENCY FUND City Manager Ron Wicker informed that he was requesting Council authorization to adjust the Council Contingency Fund by re -appropriating $25,000 to the Sanitation Department to off -set the over -expenditures due to having to use the Alvin landfill until our landfill pit is recertified by the State. It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Council authorize the transfer of money in the Council Contingency Fund, in the amount of $25,000, to Account No. 5301-3350 for budget purposes. Motion passed 5 to 0. PROPOSALS FOR SURVEYING OF UNAD NEXED PROPERTY IN HARRIS COUNTY City Manager Ron Wicker explained that two local surveyors, Walker Treesch and Jim Snowden, have submitted proposals for surveying all the remaining property in Harris County available for Pearland to annex, by mutual agreement with the City of Houston, consisting of approximately 1,000 acres, adjacent to the Green Tee Subdivision on both the northwest and southeast side. A general discussion followed between Staff and Council concerning the advantages of the City annexing the area and the various procedures and costs involved. It was moved by Councilmember Mack, seconded by Councilmember Tetens, that Council authorize the City Manager to proceed with the surveying of Tracts 1, 2, and 3, unannexed property in Harris County, as proposed by Snowden Engineering, Inc. in an amount not to exceed $11,500. Motion passed 5 to 0. Ai92IDNET TO CITY SWINMIIVG POOL FENCING RE S City Manager Ron Wicker explained that in 1980 the City passed an ordinance requiring a fence of at least 4 feet in height be constructed around swimming pools. It has been pointed out that some fences in the City do not totally meet the requirements of the Ordinance. For example, in the Green Tee Subdivision, most pool fences were 137 built prior to passage of that ordinance and are 3 feet in height, in compliance with deed restrictions of that subdivision. A general discussion followed concerning enforcement of the ordinance requirements and the possibility of exceptions made for pool fences which pre -date the ordinance. It was moved by Councilmember Bost, seconded by Councilmember Frauenberger, that the matter of amendment to City Swimming Pool Fencing requirements be directed to the Planning and Development Committee to look at these issues and bring back a recommendation to the Council. Motion passed 4 to 0. Councilmember Roberts absent from the Chamber. RATIFICATION OF CITY MANAGER'S APPOINTMENT OF MEMBER TO CIVIL SERVICE COMMISSION It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that Council ratify the City Manager's appointment of Tommy Alexander to the Civil Service Commission for a three-year term to replace the position held currently by Gail Birdsong. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:48 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: (1) MECA v. B. M. Jamison et ux, (2) Ragland v. City of Pearland. - SUBSECTION (g) PERSONNEL - (1) Hiring of Special Counsel for Right -of -Way Acquisition, (2) Discussion of City Personnel with City Manager. MEETING RE1URM) TO OPEN SESSION AT 10:04 P. M. Mayor Reid advised that new requirements for closed sessions were just passed by the Legislature and that a certification be made stating that the items discussed in Executive Session were those read in open session tonight. Mayor Reid signed a certification to that effect. NEW BUSINESS (CONTINUED) AUT[MFUZATION FUR STAFF TO HIRE SEARS & HIM, ATTORNEYS AT LAW, AS SPECIAL RICHT-OF- WAY COUNSEL It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that City Staff be authorized to enlist the services of the law firm of Sears & Burns as special right-of-way counsel. Motion passed 5 to 0. ADJOURN Meeting adjourned at 10:06 P. M. Minutes approved as submitted and/or corrected this day of , A. D., 1987. ATTEST: City S retary