Loading...
1988-01-11 CITY COUNCIL REGULAR MEETING MINUTES212 MINUTES OF A REGULAR MEETIM OF THE CITY COMM OF THE CITY OF PEARIARD, TEXAS, HEID ON JANUARY 11, 1988, 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 Dennis Frauenberger Councilmember Councilmember Member of Council Position No. 5 City Manager Assistant City Manager City Attorney Police Chief Director of Public Works City Secretary James Bost Stella Roberts Vacant Ronald J. Wicker Donald Birkner Luke L. Daniel Bob Riemenschneider Bill Thomasset Kay Krouse The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by Assistant City Manager Don Birkner. APPROVAL OF MINUTES It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that the Minutes of the Regular Meeting of December 28, 1987, be approved as submitted. Motion passed 4 to 0. CHANGE IN ORDER OF BUSINESS Councilmember Roberts reported that Clean Pearland will be distributing pine seedlings this Saturday to citizens. The seedlings can be obtained at the Recycling Center. 1. Frances Jamison, FM 518, Pearland. Mrs. Jamison appeared before Council and read a letter from the City to the Jamisons and letters the Jamisons sent to Mayor Reid and Ron Wicker, all concerning the City obtaining a 20' temporary construction ease- ment on their property. 2. A. D. Smith, 3410 E. Circle, Pearland. Mr. Smith appeared before Council to request consideration of amending Section 46 of the City Animal Control Ordinance No. 528, changing from 30 feet to 20 feet, the distance requirements between residences in obtaining a kennel license. Mr. Smith explained that they purchased their home over three years ago and had their kennel before the ordinance went into effect; therefore, he feels the amendment should have a grandfather clause that applies to residents having existing kennels. Mayor Reid recommended that City Staff along with members of the Animal Control Ordinance Review Committee review this request and that Mr. Smith be notified of the final results. 21.3 CHAD IN 0103ER OF BUSINESS MAYOR'S ACTIVITY REPORT Mayor Reid presented Toby Lytle with a Certificate of Appreciation from the Council for his service on the Board of Directors of the Brazoria County Appraisal District. DOCKETED PUBLIC HEARINGS - None IIlEIl�IISI)m BUSINESS - None NWAr.—I 1,01,la. ORDINANCE NO. 509-11, ORDINANCE AMENDING ORDINANCE NO. 509, MW AS THE LAND USE AND URBAN DEVELOPNE TP ORDINANCE OF ME CITY OF PEARLAND, TEXAS; PROVIDING AN AMENDMENT TO SECTION 25, HOME OCCUPATION; AMENIDIlM ME GRID OF USES AND 'SONS ACCORDINGLY; PROVIDING AN AMENDMENT TO SECTION 29.6, ENFORCEMENT AND PENALTIES; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER. PR{MSIONS RELAT M TO THE SUBJECT Ordinance No. 509-11 read in caption by Councilmember Frauenberger. (First Reading) It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts, that Ordinance No. 509-11 be passed and approved on the first of two readings. Said Ordinance No. 509-11 reads in caption as follows: ORDINANCE NO. 509-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, BY AMENDING SECTION 25 TO ALLOW REGISTERED FAMILY HOMES AS A HOME OCCUPATION; SETTING FORTH REGULATIONS UPON SUCH HOME OCCUPA- TION; AMENDING DEFINITIONS ACCORDINGLY; DELETING OTHER DEFINITIONS; AMENDING THE TABLE OF USES; AMENDING SECTION 29.6 TO INCREASE MAXIMUM PENALTY FOR VIOLATION OF ORDINANCE NO. 509 TO $2,000.00; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Frauenberger, Tetens, Bost and Roberts. Voting "No" - None. Motion passed 4 to 0. AWARD OF BID NO. B87-16, CONSTRUCTION OF FINAL COVER AT PEARLAND SOLID WASTE LANDFILL, PHASE 1 Mayor Reid stated that upon request of the City Manager this item will be passed until a fixture agenda. BOARD APPOINTMENTS APPOINTMENT OF 0111E N)Q4BEt TO EiFCTRTCAL BOARD FOR A 2 -YEAR TERM It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Chris Brooks be reappointed for a 2 -year term on the Electrical Board. Motion passed 4 to 0. APPOINTMENT OF THREE N>EM1ERS TO LIBRARY BOARD FOR A 3 -YEAR TERM It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Betty Alexander, Rosalie Olah and Ed Fondren be reappointed to the Library Board for a 3 - year term. Motion passed 4 to 0. APPROVAL FOR TAX COLLUCTOR TO REFUND $3,868.61 TO BARFIELD PFDPERTIES FENDING THEIR APPEAL BMM THE 149TH DISTRICT COURT OF BRAZORIA COUNTY, AS SET FORTH UNDER SECTION 42.08 OF THE STATE PROPERTY TAX COBE Tax Collector Barbara Lenamon explained that Mr. Banfield is protesting the value placed on his property for 1987 and has appealed this value in the 149th District Court of Brazoria County. Under the State Property Tax Code, while awaiting the Court's decision, Mr. Banfield has the right to pay only taxes equal to the amount of 214 the preceding year (1986); however, his escrow agent paid the 1987 tax bill in full, so Mr. Banfield is asking for a refund of the difference between the 1986 and 1987 taxes pending his appeal. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Council approve the refund to Banfield Properties of $3,868.61. Motion passed 4 to 0. AU'IIMZATION FOR STAFF TO BID SURFACE PREPARATION, CLEANENG, RFSURFACM, AND WATER TREATMENT OF INDEPENDENCE PARK SWIMMING POOL AND WADING POOL It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Staff be authorized to bid surface preparation, cleaning, resurfacing, and water treatment of Independence Park swimming pool. and wading pool. Motion passed 4 to 0. CITY PARTICIPATION IN THE FAI i -AID URBAN SYSTEM PROGRAM AS EXTENDED BY THE 1987 FIDE ML -AID HIGHWAY ACT City Manager Ron Wicker and Public Works Director Bill Thomasset explained that the 1987 Federal Aid Highway Act extends the Federal Aid Urban System Program for another five years and this program will be developed in conjunction with the Principal Arterial Street System (PASS). As funds become available within that five-year period for roadway improvements, whatever PASS projects the City would fund would be eligible for a percentage of funds from the State for these roadway improvements. The State is asking for a prioritized list of our City's proposed projects and Staff is recommending the FM 518 widening from SH 35 east to approximately 400 feet west of the Pearland/Friendswood city boundary as the first project and the second being the GAP (Galveston Alvin-Pearland) Corridor if it can be considered a PASS/Urban System project. It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that the City participate in the Federal -Aid System Program and that the FM 518 widening and the GAP Corridor, as recommended by Staff, be designated as proposed PASS/Urban System projects. Motion passed 4 to 0. PROPOSAL FROM BERNARD JOHNSON, INC. FOR SENATE BILL 336 PLANNING STUDY (BILL REGULATING THE FINANCING OF CAPITAL IMPROVEMENTS THROUGH THE USE OF "IMPACT FEES") City Manager Ron Wicker explained that for several years now the City has charged a capital recovery fee or impact fee for new construction in the City because of the impact the new building or structure would have on our wastewater and water systems. In the last legislative session, Senate Bill 336 was passed which basically sets the ground rules for impact fees and capital recovery fees. By June, 1988, cities charging impact fees will need to have had a study made to determine the actual costs involved and determine future impact fee charges which reflect the actual costs of construction. In order for the City to prepare this information and comply with the new law by June of this year, it will require the services of a consulting firm having an understanding of these new requirements. Mr. Wicker stated that City Staff has interviewed five different engineering/planning firms and are now recommending the firm of Bernard Johnson Engineering to prepare a 336 Plan. The cost breakdown in their proposal shows a fee of $104,000 for the facilities planning with an option of complete update of the Pearland Comprehensive Development Plan for an additional fee of $25,000. Our Comprehensive Development Plan has not been updated since 1979, Mr. Wicker said. Funds for the study can be paid for out of existing capital recovery fees, Mr. Wicker explained and Staff would be looking at areas in the Budget where funds could be obtained for the update of our Comprehensive Development Plan if Council so desires. A discussion followed between Council, Staff and representatives of Bernard Johnson, Mr. Art Storey and Mr. Frank Moon, concerning this planning study. It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Council accept the proposal of Bernard Johnson, Inc. for the Senate Bill 336 Planning Study in the amount of $104,000 and hold the option open to fund the additional $25,000 for an updated Comprehensive Development Plan, and payment made from the appropriate funds. 215 Motion passed 3 to 1. Councilmember Roberts voted against. APPROVAL OF FINAL PAYMENT ESTI33MM FPM G. R. GRM, INC. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Council approve final payment to G. R. Grier, Inc. for expansion of Barry Rose and Longwood Wastewater Treatment facility and Twin Creek Woods lift station project in the amount of $247,265.44, and payment be held until we receive affidavits from the sub- contractors that all bills are paid. fes-- Motion passed 4 to 0. APPOINTMENT OF ASSOCIATE FOR MUNICIPAL COURT Mayor Reid advised that this item will be passed Lentil after Executive Session. APPOINTMENT OF DIRECTOR OF PUBLIC WORKS THE ADDITIONAL RESPONSIBILITIES OF DIRECTOR OF PLANNING AMID TRANSPORTATION City Manager Ron Wicker explained he has been serving as the Director of Planning and Transportation since his appointment by the Council in 1977 and was responsible for the placement of all types of traffic control devices in the City. While he has remained the designated Staff member, the work is now done by the Public Works Department. Mr. Wicker requested Council appoint the Director of Public Works the responsibility for the devices being installed. It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that the responsibilities of the Director of Planning and Transportation be appointed to the Director of Public Works. Motion passed 4 to 0. AWARD OF BID FUR IIMERffiVCY REPAIM TO THE FM 518 WATER WELL City Manager Ron Wicker advised that the production has fallen off on the water well by Woodcreek. Upon examination by the service company, they found holes in the pipe that brings the water to the surface. New pipe will have to be put into the well to put it back in service and we are requesting Council authorization for Big State Pump Company to proceed with the emergency repairs to the water well at a cost of $11,052.64. It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Council award the bid for emergency repairs to the FM 518 water well to Big State Pump Company in the amount of $11,052.64 and be paid out of the appropriate fund. Motion passed 4 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:04 P.M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Reid read, from the posted agenda, the topics to be discussed in Executive Session; one exception being, under Personnel item, there will not be a discussion concerning City Attorney. MEETING RETURN TO OPEN SESSION AT 9:33 P.M. Mayor Reid read the following items that were discussed in Executive Session and signed a certification to that effect: UNDER SUBSECTION (f) LAND ACQUISITION - Council had a discussion concerning Acquisition of right-of-way for FM 518 Widening. UNDER SUBSECTION (g) PERSONNEL - Council discussed the appointment of a Council Appointee in the position of Municipal Court Prosecutor. NEW BUSINESS (CONTINUED) APPOINTMENT OF ASSOCIATE PROSECUTOR FUR MUNICIPAL COURT City Attorney Luke Daniel stated he would like to appoint C. Mark Porter as the Associate Prosecutor for Municipal Court for a one-year tern and would request that 216 Council approve and ratify this appointment. It was moved by Councilmember Stella Roberts, seconded by Councilmember Tetens, that Council ratify the City Attorney's appointment of C. Mark Porter as the full-time Municipal Court Prosecutor. Motion passed 4 to 0. Mayor Reid administered the Oath of Office to C. Mark Porter. ADJOURN The meeting adjourned at 9:39 P. M. Minutes approved as submitted and/or corrected this = A. D., 1988. FIVWW W. City Se tary