1987-12-14 CITY COUNCIL REGULAR MEETING MINUTES204
MINUTES OF A FM)LAR MEETING OF 'nE CITY CMCIL• OF 71E CITY OF PEARUM, TEXAS, HELD
ON DECEMBER 14, 1987, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PEARI.AND,
TEXAS
Mayor
Tom Reid
Councilmember/Mayor Pro Tem Richard Tetens
Councilmember Dennis Frauenberger
Councilmember James Bost
Councilmember Stella Roberts
Member of Council
Position No. 5 Vacant
City Manager Ronald J. Wicker
Assistant City Manager Donald Birkner
City Attorney Luke L. Daniel
Police Chief Bob Riemenschneider
Public Works Director Bill Thomasset
City Secretary Kay Krouse
INVOCATION AMID PIm(E OF ALLEGIANCE
The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by
Councilmember James Bost.
It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that
the Minutes of the Regular Meeting of November 23, 1987, be approved as submitted.
Motion passed 4 to 0.
It was moved by Councilmember Bost, seconded by Councilmember Tetens, that the
Minutes of the Public Hearing on November 30, 1987, be approved as submitted.
Motion passed 3 to 0. Councilmember Roberts abstained.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported that before the meeting this evening he had issued a proclamation
proclaiming the month of January, 1988 as Volunteer Blood Donor Month in Pearland.
COUNCIL ACTIVITY REPORTS - None
1. Jim Sudela, 2426 Parkview. Mr. Sudela, representing the Parkview Civic
Association, requested Council to consider making improvements to the utility
easement along Parkview and Misty Lane at Mary's Creek by landscaping and adding
playground equipment for young children.
Mayor Reid advised he would discuss this matter with Staff and the Parks Board
and report back to Mr. Sudela.
2. Jim Hodges, representing Pearland Police Officers' Association. Officer Hodges
spoke from a prepared statement which requested help from the Council with an
ongoing problem within the Police Department, that had consequently led to the
Police Officers' Association meeting in early November and taking a vote. The
results being that 24 of the 25 officers present at the meeting voted for "no
confidence" in Police Chief Riemenschneider. The statement described events
occurring since the vote which did not help the problem; so the Association is
2,05
asking for a competent, responsible, professional chief the city can be proud of
and respect.
Mayor Reid accepted the prepared statement with attachments into the records of
the City.
3. Carlton McComb, 3914 Shadycrest. Mr. McComb spoke to the Council concerning his
belief that the Resolution passed by Council at their last meeting, appointing
the City Manager to direct legal services of the city attorney and the
administrative duties of the municipal judge, was a violation of the City
Charter. He discussed his reasons for this belief and asked that Council
seriously reconsider what they have done. In addition, he requested Council get
a ruling on this matter from Riley Fletcher, Legal Counsel for the Texas
Municipal League.
Councilmember Roberts left Council Chambers.
4. Jack Roberts, 2918 Green Tee. Mr. Roberts appeared before Council and related to
them the series of events leading to his three arrests; actions taken by certain
Police Officers; and requested that an impartial and factual investigation be
made of irregularities of circumstances concerning these arrests. In addition,
he requested that a procedure be established between the City of Pearland and
Harris County officials concerning how citizens of Pearland, living in Harris
County, are to be dealt with in the legal system.
Councilmember Roberts re-entered the Council Chambers.
5. Frances Jamison, F.M. 518. Mrs. Jamison was not present to speak.
6. Linda Milam, 1926 Crooked Creek. Mrs. Milam spoke about the problems on her
block with dogs running in packs in the neighborhood. They are a particular
problem with coming on her property and she requested the City enforce the new
Animal Control ordinance.
OJ Z I w I Z : NI IDo �"iia._
MOTION TO REMOVE FROM TABLE COUNCIL APPROVAL OF INVOICE NO. 87-18 FROM
CCWMUNICATION CORPORATION AND ACTION ON SAME
Mayor Reid advised that City Staff requested this item not be removed from table and
that it be brought back for consideration at a later date.
COUNCIL DECISION ON APPLICATION NO. 9, A)UMMENT TO LAND USE AND URBAN DEVELOPMENT
ORDINANCE, SECTION 25, HOME OCCUPATION, TO ALLOW REGISTERED HOMES IN CERTAIN
$Ti7FMT kL ZONES AND ALSO AMENDING THE GRID OF USES AND DEFINTIODS ACCORDINGLY
Mayor Reid advised the Planning and Zoning Commission had strongly recommended
approval of this amendment.
It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts, that
the City Attorney be directed to prepare the necessary amendment to the Land Use and
Urban Development Ordinance, Section 25, Home Occupation, to allow registered family
homes in certain residential zones and also amending the grid of uses and definitions
accordingly.
Council had several questions about the requirements under a Home Occupation and
-- allowed uses.
Motion passed 3 to 1. Councilmember Bost voted against.
SIL DECISION ON APPLICATION NO. 10, AMENDMENT TO LAND USE AND URBAN DEVELOPMENT
ORDINANCE, SECTION 29.6, ENFORCEMENT AND PENALTIES, CHANGING MAXIMUM FINE FROM
$1000.00 TO $2000.00
It was moved by Councilmember Tetens, seconded by Councilmember Bost, that the City
Attorney be authorized to prepare the necessary amendment to the Land Use and Urban
Development Ordinance, Section 29.6, Enforcement and Penalties, changing maximum fine
from $1000.00 to $2000.00.
206
Motion passed 4 to 0.
RESOLUTION NO. R87-31, RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT WITH HOUSTON-GALVESTON AREA COUNCIL FOR PURCHASE OF POLICE VEHICLES
City Manager Ron Wicker explained that for us to utilize the bid prices HGAC receives
through their yearly bid for police cars and other types of vehicles, we recommend
approval to enter into this interlocal agreement. The prices for the police cars
this year are cheaper than last year's.
Resolution No. R87-31 read in its entirety by Councilmember Bost.
It was moved by Councilmember Bost, seconded by Councilmember Roberts, that
Resolution No. R87-31 be passed and approved on the first and only reading. Said
Resolution No. R87-31 reads in caption as follows:
RESOLUTION NO. R87-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH
HOUSTON-GALVESTON AREA COUNCIL FOR PURCHASE OF POLICE VEHICLES.
Voting "Aye" - Councilmembers Roberts, Bost, Tetens and Frauenberger.
Voting "No" - None.
Motion passed 4 to 0.
RESOLUTION N0. R87-32, RESOLUTION AUTFDRIZING THE MAYOR TO EM3CUTE A CONSTRUCTION AND
MAINTENANCE AGREEMENT WITR STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR
1987-91 OFF -NATE SYSTEM BRIDGE REPLACEMENT AND REHABILITATION PROGRAM (DDOOE FARM
RD. AT DRAINAGE DITCH; COUNTRY CLUB DR. AT CLEAR CREEK; AND LONGHERRIDGE DR. AT
MARY'S CREEK
City Manager Ron Wicker explained these bridges were the top three priorities and we
would like to ask the State to begin work on the Longherridge bridge first, the
Country Club bridge next and then the Dixie Farm bridge. All these bridges are
wooden and the State will replace them with concrete structures.
Resolution No. R87-32 read in its entirety by Councilmember Tetens.
It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that
Resolution No. R87-32 be passed and approved on the first and only reading. Said
Resolution No. R87-32 reads in caption as follows:
RESOLUTION NO. 887-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE A CONSTRUCTION AND MAINTENANCE
AGREEMENT WITH STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPOR-
TATION FOR 1987-91 OFF -STATE SYSTEM BRIDGE REPLACEMENT AND
REHABILITATION PROGRAM.
Voting "Aye" - Councilmembers Frauenberger, Tetens, Bost and Roberts.
Voting "No" - None.
Motion passed 4 to 0.
EXCUSED ASE FOR STELLA ROBERTS FROM THE DECEMBER 28, 1987 REGULAR
CITY COUNCIL MEET
It was moved by Councilmember Bost, seconded by Councilmember Tetens, that
Councilmember Stella Roberts be excused from the December 28, 1987 Regular City
Council Meeting.
Motion passed 3 to 0. Councilmember Roberts abstained.
ORDINANCE NO. 546, ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ON A
PORTION OF Si 35 WITHIN THE CORPORATE LIMITS OF PEARLAND AND PROVIDING A PENALTY FOR
THE VIOLATION EDF
Ordinance No. 546 read in caption by Councilmember Frauenberger. (First Reading)
207
It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts, that
Ordinance No. 546 be passed and approved on the first of two readings. Said
Ordinance No. 546 reads in caption as follows:
1 'II 1• S,.
AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ON A
PORTION OF STATE HIGHWAY 35 WITHIN THE CORPORATE LIMITS OF
PEARLAND AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF.
Voting "Aye" - Councilmembers Roberts, Bost, Tetens and Frauenberger.
Voting "No" - None.
Motion passed 4 to •
APPROVAL OF /' 1tr- FOR ROM MAINT[WNCE TO BE •E.1 1 •M BY HRAZORIA C=aY
PRECINCT N1
City Manager Ron Wicker advised he had met with Billy Joe Plaster, Brazoria County
Commissioner, Precinct 3, several weeks ago to talk about the possibility of the
County doing some street maintenance work for the City now and possibly next summer.
The County will supply the labor and machinery if Pearland will supply the material
to resurface the streets using 1-1/2" of hot mix asphalt. The project will cost
approximately $40,000, Mr. Wicker said. Following is the list of streets recommended
for resurfacing:
Brom Bones
Washington Irving to Sleepy Hollow
1326 x
18
Buckholt
Westfield to City Limit
790 x
18
N. Grand
Jasmine to Methodist Church parking
750 x
18
Halik
N. Main to dead end
1258 x
20
Hatfield
FM 518 to juncture with new Hatfield
971 x
20
Liberty
Shadybend to Julie
1278 x
20
O'Day
CR 883 to Olin
820 x
24
E. Orange
Woody to Hatfield
2135 x
18
Pear
Galveston to S. Grand
610 x
18
Plum
Old Alvin to dead end
1858 x
18
Rayburn
Dixie Farm to dead end
876 x
18
Rice Dryer
N. Main to dead end
1055 x
20
Robinson
Glenda to Glastonbury
3630 x
18
Scott
Mykawa to Hatfield
4150 x
20
Sleepy Hollow
Woodcreek to Crane
562 x
20
Taylor Lane
McGinnis to dead end
1900 x
18
W. Walnut
RR Tracks to McLean
4100 x
24
Willits
Dixie Faun to dead end
1283 x
18
It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that
the recomended list of projects be carried through in conjunction with Brazoria
County and that the Mayor be authorized to sign an intergovernmental agreement with
Brazoria County Precinct 3.
Motion passed 4 to 0.
AU1MIZATION FOR STAFF TO PROCEED WITH BIDS ON FINAL COVER FOR 1ANDFILL
City Manager Ron Wicker explained that about four months ago he, Bill Thomasset,
M
Public Works Director and our legal counsel met with the Health Department in Austin
to discuss our 1 andfi l l and the need to put final cover on the landfill. We were
given until around the first of 1988 to complete this project and since that time we
have been through the process of acquiring the necessary land and fill dirt so that
we wouldn't have to haul the fill material through the City of Manvel. Everything
appears to be in order. The project should take about three to four weeks to
complete; therefore, in order to meet the deadline, we are requesting authorization
to proceed with the bidding process for this project.
It was moved by Councilmember Bost, seconded by Councilmember Tetens, that the City
Staff be authorized to proceed with bids for the final cover of the landfill.
Motion passed 4 to 0.
�_ �: is ►I
Meeting adjourned at 8:51 P. M.
Minutes approved as submitted and/or corrected this
A. D., 1987.
ATTEST:
City Se tary
day of Ace - -L) ,
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My -or