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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) , c My -or