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1987-10-12 CITY COUNCIL REGULAR MEETING MINUTES181 NUUTES OF A REGULAR ME EW. OF THE CITY COUNCIL OF ME CITY OF PEARLAN D, TEXAS, HELD ON OCTOBER 12, 1987, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PF.ARLAND, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Richard Tetens Councilmember Stella Roberts Councilmember Councilmember City Manager Assistant City Manager City Attorney Police Chief Public Works Director City Secretary James Bost Dennis Frauenberger Ronald J. Wicker Donald Birkner Luke L. Daniel Bob Riemenschneider Bill Thomasset Kay Krouse Absent from the meeting: Councilmember Charles Mack 1 • t)N�. 011 r 1 D The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by City Manager Ron Wicker. APPROVAL OF MLNLYEES It was moved by Councilmember Tetens, seconded by Councilmember Bost, that the Minutes of the Regular Meeting of September 28, 1987, be approved as submitted. Motion passed 3 to 0. Councilmember Roberts abstained. MAYOR'S ACTIVITY REPORT Mayor Reid reported Councilmember Charles Mack had undergone a heart transplant over a week ago and he is up and walking around his room at St. Luke's Hospital. Everyone wishes him well. Mayor Reid issued a proclamation proclaiming the week of October 18-24, 1987, as Pearland Oiler Proud Week. Nicole Locker, President of the Pearland High School Student Council, and other Student Council officers accepted the proclamation. Mayor Reid issued a proclamation proclaiming Saturday, October 24, 1987, as Shrine Hospital Benefit Day in Pearland. Donald Heft accepted the proclamation. Mayor Reid presented Doris Collier, President of Clean Pearland, a proclamation proclaiming the week of October 18-24, 1987, as Clean Pearland Membership Week. ��:�,� �� •,ia��;ate �•.� City Manager Ron Wicker reported the installation of a 16" water line along F.M. 518 for the widening project has begun. The line will serve two purposes, relocation and better service throughout the community. Progress is being made on the John Lizer Road paving project. Work being done by Brazoria County Drainage District No. 4 on the Whitehead Road project will be completed very soon. CITIZENS: None 182 Lei ►I411 1001 1. i►I�.. ►..— CALL OF PUBLIC HEARING ON AMENDMENTS TO ORDINANCE NO. 509, LAND USE AND URBAN DEVELOPMENT ORDINANCE City Attorney Luke Daniel advised the Planning and Zoning Commission submitted its recommendation last month to City Council to amend Section 25, Home Occupation, to allow registered family homes in certain residential districts, meeting certain conditions and also to amend the grid of uses and definitions. Also, it is suggested that another hearing be held that same night to amend Section 29.6, Enforcement and Penalties, because the State now allows the City to charge a maximum fine of $2000 for zoning violations. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that -- joint public hearings on amendments to the Land Use and Urban Development Ordinance be called for Monday, November 2, 1987, at 7:30 P. M. in the Council Chambers. Motion passed 4 to 0. I'191 R87-23, RESOLUTION NOMRMTINGI1 1 / Es FOR THE BOARD '11 DIRECTORS O TBE BRAZORIA COUNTY APPRAISAL DISTRICT Mayor Reid advised the suggested candidate is Councilmember Dennis Frauenberger. Barbara Lenamon, Tax Assessor/Collector explained this resolution would put Council - member Frauenberger on the list of candidates to be voted for and then next month we will, by resolution, vote for five members to the Board of Directors of the Appraisal District. Resolution No. R87-23 read in its entirety by Councilmember Bost. It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Resolution No. R87-23 be passed and approved on the first and only reading. Said Resolution No. R87-23 reads in caption as follows: RESOLUTION NO. R87-23 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEMU", TEXAS, NOMINATING CANDIDATES FOR THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT. Voting "Aye" - Councilmembers Roberts, Bost, Tetens, and Frauenberger. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 543, ORDINANCE REGULATING THE OPERATION OF VEHICLES FOR HIRE IN THE CITY, CREATING A NEW CHAPTER. IN THE CITY CODE OF ORDINANCES, AMID PROVIDING A PENALTY FOR VIOLATION City Attorney Luke Daniel advised the State had now mandated that all cities set up minimum regulations, including insurance and operation for vehicles for hire in their city. Ordinance No. 543 read in caption by Councilmember Roberts. (First Reading) It was moved by Councilmember Roberts, seconded by Councilmember Bost, that Ordinance No. 543 be passed and approved on the first of two readings. Said Ordinance No. 543 reads in caption as follows: ORDINANCE NO. 543 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CREATING A NEW CHAPTER OF THE CITY CODE OF ORDINANCES, TO BE ENTITLED "VEHICLES FOR HIRE," ESTABLISHING MINIMUM STANDARDS AND REQUIREMENTS FOR THE OPERATION OF VEHICLES FOR HIRE WITHIN THE CITY; DEFINING TERMS; REQUIRING PERMITS; REQUIRING INSURANCE; ESTABLISHING FEES; REGULATING FARES; PROVIDING FOR STANDS AND CALL BOXES; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; REPEALING PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Frauenberger, Tetens, Bost and Roberts. 183 Voting "No" - None. Motion passed 4 to 0. E)L'USED ABSENCE FUR COUNCILMENBER CHARLES MACK FROM TIE REGULAR NEETM OF OCTOBER 12, 1987 It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Councilmember Charles Mack be excused from the regular Council Meeting of October 12, 1987. Motion passed 4 to 0. ....,• • 1 • 1 it ti 1 wa�•� � • � r It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Invoice No. 36612, Industrial International, Inc. for materials for relocation of water line along F.M. 518, in the amount of $5,510.76 be approved and payment made from the appropriate funds. Motion passed 4 to 0. • • •,• • I't `1 • '�1 �I' • • I ♦• 1 ISI' ♦• •�' • ' • It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Purchase Order No. 3173, from Stone Container Corporation, for first shipment of disposable refuse bags in the amount of $59,994.48 be approved and payment made from the appropriate funds. Motion passed 4 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that change order from Unisys Corporation, for optional terminals for Police and Municipal Court -- computer system in the amount of $5,526.00 be approved and payment made from the appropriate funds. Motion passed 4 to 0. RESOLUTION NO. R87-24, RESOLUTION DESIGNATING RKPRESENTATIVES TO HOUSTON=GALVFSTON AREA COUNCIL GENERAL ASSEMBLY FOR 1988 - Council was advised that Mayor Tom Reid would be willing to serve as the City's representative to the General Assembly and that Councilmember Richard Tetens would serve as the Official Alternate. Resolution No. R87-24 read in its entirety by Councilmember Bost. It was moved by Councilmember Bost, seconded by Councilmember Frauenberger, that Resolution No. R87-24 be passed and approved on the first and only reading. Said Resolution No. R87-24 reads in caption as follows: RESOLUTION NO. R87-24 DESIGNATION OF REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY 1988 *� Voting "Aye" - Councilmembers Roberts, Bost, Tetens, and Frauenberger. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 544, ORDINANCE DECLARING THE PUBLIC NECESSITY FOR ACQUISITION OF REAL PROPERTY FOR RIGHT -OF --WAY IN CONNECTION WITH F.M. 518 PROJECT, AND DECLARING AN City Attorney requested this item be passed until after Executive Session. •2 • u •�a1W WIFN W R•i iW&OR Faq 0i• r r •�r a •�a �a�• n a i� Mayor Reid advised that, upon recommendation by the City Attorney, this item will be passed to a future agenda. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:16 P.M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Reid read the following items to be discussed in Executive Session: - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation - Civil Service Arbitration Hearing. - SUBSECTION (f) LAND ACQUISITION - Real Property for Right -of -Way for F.M. 518 Widening Project. MEETING RETURNED TO OPEN SESSSION AT 8:40 P.M. Mayor Reid signed a certification to the effect and read the following items that were discussed in Executive Session. UNDER SUBSECTION (e) LEGAL - A report from the City Attorney concerning a Civil Service Arbitration Hearing. UNDER SUBSECTION (f) LAND ACQUISITION - The City Attorney brought the Council up to date on action item for real property for right-of-way for F.M. 518 widening project. NEW BUSINESS (Continued) ORDINANCE NO. 544, ORDINANCE DECLARING THE PUBLIC NE=ITY FOR AMUSITION OF REAL PROPERTY FOR RIGHT-OF-WAY IN CONNECTION WITH F.M. 518 PROJECT, AND DECLARING AN EMERGENCY Ordinance No. 544 read in caption by Councilmember Roberts. (First and Only Reading) It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Ordinance No. 544 be passed and approved on the first and only reading as an emergency ordinance. Said Ordinance No. 544 reads in caption as follows: ORDINANCE NO. 544 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PF.ARLAND, TEXAS, DECLARING THE PUBLIC NECESSITY FOR ACQUISITION OF ADDITIONAL RIGHT-OF-WAY IN CONNECTION WITH THE IMPROVEMENT OF F.M. 518 IN THE CITY; DECLARING AN EMERGENCY DUE TO THE IMPENDING DATES OF BID LETTING AND CONSTRUCTION; AND HAVING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Roberts, Bost, Tetens and Frauenberger. Voting "No" - None. Motion passed 4 to 0. ADJOURN Meeting adjourned at 8:44 P.M. Minutes approved as submitted and/or corrected this day of , A. D., 1987. Mayor ATTEST: (7(�� 414� City Se tary