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1987-08-24 CITY COUNCIL REGULAR MEETING MINUTES162 MINUTES OF A REGUTAR MEETING OF ME CITY COUNCIL OF THE CITY OF PEARIANTI, TEXAS, HEIR ON AUGUST 24, 1987, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Richard Tetens Councilmember Charles Mack Councilmember Dennis Frauenberger Councilmember Stella Roberts City Manager Ronald J. Wicker City Attorney Luke L. Daniel City Secretary Kay Krouse Absent from the Meeting: Councilmember James Bost INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by Councilmember Dennis Frauenberger. APPROVAL OF MINUTES It was moved by Councilmember Roberts, seconded by Councilmember Mack, that the minutes of August 10, 1987, be approved as submitted. Motion passed 4 to 0. -1014) MAYOR'S ACTIVITY REPORT Mayor Reid reported that in honor of the 200th anniversary of the United States Constitution, area Scouts wi 11 be participating in a Freedom Run on September 12, 1987, which consists of relaying proclamations issued by surrounding cities honoring the Constitution. The relay will be from city to city, ending at the Federal Building in Galveston where the proclamations will be placed in a time capsule. COUNCIL ACTIVITY REPORTS Councilmember Tetens reported that the Planning and Development Committee met on Monday evening, August 17 and reviewed the swimming pool ordinance. They will be making a recommendation to Council in the near future. W 040N 6W, City Manager Ron Wicker reported a lock has been placed on the Old Settler's Cemetery gate and a sign posted whereby people who need to enter can sign for and obtain a key from the Parks and Recreation Department and then be responsible for returning the key to that department. This action has been taken in response to a request made by a member of the Pearland Historical Society in an effort to protect against any further vandalism at the cemetery. Mayor Reid advised the City is in the process of obtaining a Historical Marker in the City for the Old Settler's Cemetery and also seeking certification from the Confederate Veterans Association and Federal (Union) Veterans Association to obtain markers for the graves of the two Confederate soldiers and four Union soldiers buried at the cemetery. 1. Dixie Hile, representing Scouting. Ms. Hile was not present at the meeting. 2. Scott Shatto, 1804 McGinnis. Mr. Shatto spoke about a traffic ticket he recently received on Yost Road and his belief that the Police Department is writing an excessive amount of traffic tickets, thereby making Pearland known as a "speed trap." 163 He spoke on the condition of some of the roads in Pearland, and in addition, stated he would like Pearland to have a night court for the convenience of everyone. Police Chief Bob Riemenschneider advised he had provided Council with information on the manner in which the Police Department goes about traffic enforcement in the City. He added that the Police Department will be happy to respond to any advice given them concerning the manner in which they should regulate an appropriate flow of traffic and at the same time keep the streets safe. Chief Riemenschneider stated Pearland should be very proud of the very low injury and fatality rates of traffic incidents. QID, :1 .+ 1►io-.�y It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Helen Beckman be appointed to serve on the Planning and Zoning Commission to fill the position vacated by Jack Tyler; teen to expire April, 1988. Motion passed 4 to 0. Mayor Reid administered the Oath of Office to Helen Beckman. UNFINISHED BUSINESS ORDINANCE NO. 509-10, AUDREY S. JOHNSTON, AGENT FOR FRANK AND DONNA WADDLE, OWNERS FOR AN AMENDMENT TO THE LAND USE AMID URBAN DEVE10PMENT ORDINANCE FROM CLASSIFICATION GENERAL BUSINESS TO COMMERCIAL Ordinance No. 509-10 read in caption by Councilmember Mack. (Second Reading) It was moved by Councilmember Mack, seconded by Councilmember Frauenberger, that .— Ordinance No. 509-10 be passed and approved on the second and final reading. Said Ordinance No. 509-10 reads in caption as follows: 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 PF.ARLAND, TEXAS; PROVIDING AN AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Mack, Frauenberger, Tetens and Roberts. Voting "No" - None. Motion passed 4 to 0. BID NO. 887-10, 1987 STREET MAINTENANCE PROGRAM, PHASE II, JOHN LIZER ROAD Council reviewed the following bids: CC WAVY L[W SLIM BID BID BOND SKRLA, INC. $224,085.39 X C & S ASPHALT SEALING CO, INC. $158,081.18 X DURWOOD GREENE CONSTRUCTION CO. $171,564.64 X City Manager Ron Wicker explained the City has acquired an additional 20 feet of right-of-way, making a total of 60 feet of right-of-way from Highway 35 to Mary's Creek. One of the questions about this project was whether or not the Pearland 164 Independent School District was planning to build a new school along John Lizer Road. Mr. Wicker said he recently was in contact with the School Superintendent and he advised Mr. Wicker he was not at liberty to say at this time and if the City needed to, they should go ahead with the paving project. Both City Manager Wicker and Public Works Director Bill Thomasset recommended award of bid to the low bidder, C & S Asphalt Sealing Company. It was moved by Councilmember Mack, seconded by Councilmember Tetens, that Council award Bid No. B87-10 to C & S Asphalt Sealing Company in the amount of $158,081.18. Motion passed 4 to 0. When questioned by Council, City Manager Ron Wicker advised this project will be more invo 1 ved than the O 1 d Al vin pro j ect and the road wi 11 remain c 1 osed for a 1 onger period of time. It was suggested the City place signs to alert citizens the street will be closed. NEW BUSINESS (Continued) RECEIVE I= THE RECORDS THE 1987 APPRAISAL ROLL CERTIFICATION FROM BRAZORIA COUNTY APPRAISAL DISTRICT AND CALCULATION OF EFFECTIVE TAX RATE; AND ACCEPTANCE OF 1987 APPRAISAL ROLL The Certification of the 1987 Appraisal Roll for the City of Pearland, as submitted by J. R. Gayle, Jr., Chief Appraiser, was read into the records by Ms. Barbara Lenamon, Tax Assessor -Collector. It read as follows: BRAZORIA COUNTY APPRAISAL DISTRICT STATE OF TEXAS BRAZORIA COUNTY CERTIFICATION OF THE 1987 APPRAISAL ROLL FOR PEARLAND In compliance with Section 26.01 of the State Property Tax Laws, "submission of rolls to taxing units," notice is hereby given to wit: The Brazoria County Appraisal Review Board meeting on July 31, 1987, duly approved the 1987 Appraisal Rolls for your entity for certification as follows: TAXABLE VALUE FUR 1987 APPRAISAL ROLL TOTAL TAXABLE VALUE $ 553,580,420 ESTIMATED TAXABLE. VALDE FOR THE 1987 SUPP1234ENTAL. ROLL (Properties Still Under Protest) BCAD APPRAISED VALUE VALUE CLAIMED BY OWNER* REAL $ 5,033,890 PERSONAL $ 355,400 MINERAL $ -0- TOTAL $ 5,389,290 Taxable Value for 1987 Appraisal Roll *Estimated Taxable Value for 1987 Supplemental Roll Net Taxable Value $ 553,580,420 $ -0- $ 553,580,420 155 I, J. R. Gayle, Jr., Chief Appraiser for the Brazoria County Appraisal District, do hereby certify the correctness of the rolls as approved by the Appraisal Review Board's action. /s/ J. R. Gayle, Jr., Chief Appraiser July 31, 1987 (NOTE) Most taxpayers do not render a value, therefore, the VALUE CLAIMED BY OWNER column will be left blank, however, the Appraisal Review Board will be meeting August 25, 1987, at which time, I will certify to the pending values. Ms. Lenamon submitted for Council's review a copy of the official certification which was published in the paper showing the calculated 1987 effective tax rate to be .7207 per $100 valuation. Ms. Lenamon also submitted the 1987 Appraisal Roll which she said appears to be in order. It was moved by Councilmember Frauenberger, seconded by Councilmember Mack, that Council receive into the records the 1987 Appraisal Roll Certification as submitted by County Appraiser J. R. Gayle; the Calculation of the Effective Tax Rate as submitted by Barbara Lenamon and accept the 1987 Appraisal Roll. Motion passed 4 to 0. ORDINANCE NO. 541, AN APPROPRIATION ORDIW24CE ADOPTING A BLIP FOR THE FISCAL YEAR BEGIlRMU OCTOBER 1, 1987 AND ENDING SE MMUER 30, 1988 Ordinance No. 541 read in caption by Councilmember Frauenberger. (First Reading) It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that Ordinance No. 541 be passed and approved on the first of two readings. Said Ordinance No. 541 reads in caption as follows: ORDINANCE NO. 541 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1987, AND ENDING SEPTEMBER 30, 1988. Voting "Aye" - Councilmembers Roberts, Tetens, Frauenberger, and Mack. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 542, ORDINANCE LEVYING TAXES, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1987 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE Ordinance No. 542 read in caption by Councilmember Tetens. (First Reading) It was moved by Councilmember Tetens, seconded. by Councilmember Roberts, that Ordinance No. 542 be passed and approved on the first of two readings. Said Ordinance No. 542 reads in caption as follows: ORDINANCE NO. 542 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 TAXABLE YEAR 1987 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Voting "Aye" - Councilmembers Mack, Frauenberger, Tetens, and Roberts. Voting "No" - None. Motion passed 4 to 0. Mayor Reid recognized from the audience Mr. Tom Alexander, a member of the G.A.P. Freeway Organization. 166 RESOLUTION NO. R87-20, RESOLUTION ACCEPTING TEXAS DEPARTM1W OF BIGIMYS .AMID PUBLIC TRANSPORTATION'S MINUTE ORDER NO. 86090 CONCERNING CITY'S PARTICIPATION IN G.A.P. FREEWAY Resolution No. R87-20 read in its entirety by Councilmember Roberts. It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Resolution No. R87-20 be passed and approved on the first and only reading. Said Resolution No. R87-20 reads in caption as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ACCEPTING THE PROVISIONS AND PROPOSAL OF MINUTE ORDER NUMBER 86090, PASSED AND APPROVED BY THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON JULY 29, 1987. Voting "Aye" - Councilmembers Roberts, Tetens, Frauenberger, and Mack. Voting "No" - None. Motion passed 4 to 0. Mayor Reid recognized from the audience David Beckman, member of the Pearland Library Board. RESOLUTION NO. R87-21, RESOLUTION RATIFYING INSTALLATION OF TRAFFIC CONTROL DEVICES IN CITY (SEVEN YIELD SIGNS IN WILLAWICK SUBDIVISION) Resolution No. R87-21 read in its entirety by City Attorney Luke Daniel. It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts, that Resolution No. R87-21 be passed and approved on the first and only reading. Said Resolution No. R87-21 reads in caption as follows: RESOLUTION NO. R87-21 A RESOLUTION CONCERNING THE INSTALLATION OF TRAFFIC CONTROL DEVICES IN THE CITY AND RATIFYING THE SAME. Voting "Aye" - Councilmembers Roberts, Tetens, Frauenberger, and Mack. Voting "No" - None. Motion passed 4 to 0. AWARD OF BID NO. BB7-11, DISPOSABLE REFUSE BSS Council reviewed the following bid received: i �I SII • ' •'• .. • I .. 1 �1' X1'7 T : :� 111 � • 2 •1• 1 Y :11 STONE $0.2345 $12.194 CONTAINER CORP., BAG DIV. $136,572.80 .AS REQUIRED SAME Director of Public Works Bill Thomasset explained we only received one bid, that being from the organization now furnishing our bags. The cost escalated 16% from last year and because of budget restraints, we are recommending purchase of 9841 bundles for a total amount of $120,001.15. This will give us 369 extra bundles, as it stands today, to give to new residents or to sell. It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts, that Bid No. B87-11 be awarded to Stone Container Corporation for the purchase of 9841 bundles at $12.194 per bundle in a total amount of $120,001.15. Motion passed 4 to 0. 167 Mayor Reid recognized from the audience Betty Osteen, member of Pearland School Board. INVOICE FROM SEARS & BURNS, ATTORNEYS-AT-IAW, FOR PROFESSIONAL SERVICES REWERED, IN TIE AMOUNT OF $12,357.27 City Attorney Luke Daniel advised he has reviewed the invoice and it appears to be in order. It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that �- Invoice from Sears & Burns, Attorneys -At -Law, for professional services rendered, in the amount of $12,357.27 be approved and payment made from the appropriate funds. Motion passed 4 to 0. City Attorney Luke Daniel explained Senate Bill 564, passed on July 20, signed into law a requirement for cities to license and regulate all passengers for hire vehicles, such as taxi cabs and limousine services operating in the city or in transit through the City. After a brief discussion between Council, Mayor Reid requested the City Attorney to proceed with drafting an ordinance, for Council consideration, regulating taxi cabs or other passengers for hire vehicles operating in and through our city. ESTIMATE NO. 2, C & S ASPHALT SEALING COMPANY, INC., FOR 1987 STREET MAINTENANCE PROGRAM ON OLD ALVIN ROAD IN THE AMOUNT OF $63,276.08 It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Estimate No. 2, C & S Asphalt Sealing Company, Inc., for 1987 Street Maintenance Program on Old Alvin Road in the amount of $63,276.08 be approved and payment made from the appropriate funds. Motion passed 4 to 0. RATIFICATION OF CITY MANAGER'S APPOINTMENT OF ASSISTANT CITY MANAGER Mayor Reid announced this item will be passed until after Executive Session. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:44 P. M. UNDER TEXAS REVISED CIVIL STATUTTUFS, ARTICLE 6252-17, SECTION 2 Mayor Reid read the topics to be discussed in Executive Session from the posted agenda. MEETING RETURNED TO OPEN SESSION AT 9:50 P. M. Mayor Reid read the items discussed in Executive Session and signed a certification to that effect. The items were: UNDER SUBSECTION (g) PERSONNEL - (1) Council discussed the appointment of member to fill unexpired term on the Planning and Zoning Commission; (2) Council discussed Council Appointees' duties, appointees being the City Manager, City Attorney, and Municipal Judge; and (3) City Manager discussed with Council his recommendation of appointment of Assistant City Manager. T~- UNDER SUBSECTION (e) LEGAL - The City Attorney brought Council up-to-date on contemplated and pending litigation: (1) City of Pearland vs. Emchem Corp., (2) State of Texas and City of Pearland vs. B. M. Jamison et ux, and (3) Ford vs. Pearland Wrecker. NEW BUSINESS (Continued) RATIFICATION OF CITY MANAGER'S APPOINTMENT OF ASSISTANT CITY MANAGER City Manager Ron Wicker advised he was submitting the name of Don Birkner as the Assistant City Manager to begin work as soon as possible. Mr. Birkner has a Masters degree in Public Administration and a Bachelor's in Political Science and has worked in municipal government as both an Assistant City Manager and City Manager. i 168 It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that the City Manager's appointment of Don Birkner as Assistant City Manager be ratified by Council. Motion passed 4 to 0. o )_ 4_ JNA The meeting adjourned at 9:55 P. M. Minutes approved as submitted and/or corrected this day of A. D., 1987. ATTEST: e,o� kejz ce.� City Se retary