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1988-01-25 CITY COUNCIL REGULAR MEETING MINUTES222 MaNUM OF A R MUM MMM OF THE CITY CMCIL OF THE CITY OF PEARLAND, TEXAS, MD ON JANUARY 25, 1988, AT 7:30 P.M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PRARTAN D, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Richard Tetens Councilmember Councilmember Councilmember Councilmember City Manager Assistant City Manager City Attorney City Secretary Dennis Frauenberger James Bost Stella Roberts William E. Wolff Ronald J. Wicker Donald Birkner Luke Daniel Kay Krouse The invocation was given by Councilmember Jim Bost. The Pledge of Allegiance was led by Councilmember Billy Wolff. APPROVAL OF MI10T S It was moved by Councilmember Tetens, seconded by Councilmember Bost, that the Minutes of the Regular Meeting of January 11, 1988, be approved as submitted. Motion passed 4 to 0. Councilmember Wolff abstained. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that the Minutes of the Special Meeting of January 18, 1988, be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the Minutes of the Joint Public Hearing of January 18, 1988, be approved as presented. Motion passed 5 to 0. MAYOR.' S ACTIVITY FdTORT Mayor Reid explained that the Park Board was without a liaison because of the death of Councilmember Mack. Mayor Reid then appointed Councilmember Billy Wolff as liaison to the Parks, Recreation and Beautification Board. COUNCIL ACTIVITY REPORTS: None x;040- IN City City Attorney Luke Daniel reported we are close to resolving a perceived problem with Harris County dealing with the arrest of Harris County residents and their bonding procedures. Mayor Reid asked if this would involve an agreement and City Attorney Daniel responded that it would involve mainly an educational process as Harris County already has specific procedures in place. The City Attorney then stated he would be ready to report on sexually oriented books and materials, including videos, and would make a recommendation to Council, possibly at the next meeting. 1. Patricia Koritta, 5106 Halbert. Ms. Koritta appeared before Council explaining her employee status with the City and asked for an explanation of why she had not 223 received a pay increase she felt was due her. She further stated she should be able to talk to Council members. Mayor Reid assigned Councilmembers Stella Roberts and Jim Bost to work with Staff to look into this matter. 2. Carlton McComb, 3914 Shadycrest. Mr. McComb spoke, again, to Council about his concerns over the legality of Resolution No. R87-30 and why he has not received an answer. He feels by the lack of response from TML that he is correct in his assumption. He discussed possible court action, recall election, and voting in a Council which will change back to the original intent of Charter. iii+i;01�At*-.I :_ .`��k1-1 D,;� ORDINANCE NO. 509-11, ORDINANCE ANWING ORDINANCE NO. 509, K WNN AS 'HE LAND USE AND UFMAN EEVFIAPMEN T ORDINANCE OF TFE CITY OF PEARLAND, TEXAS; PAOVIDIWI AN AMENDMENT TO SEOCTION 25, FDME OCCUPATION; AMENDING THE GRID OF USES AND ''TONS ACCORDINGLY; PROVIDING AN AMENDMENT TO SECTION 29.6, ENFORCEMENT' AND PENALTIES; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRUVISIONS R[nATING TO THE SUBJECT Ordinance No. 509-11 read in caption by Councilmember Stella Roberts. (Second Reading) It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Ordinance No. 509-11 be passed and approved on second and final reading. Said Ordinance No. 509-11 reads in caption as follows: 111140U.10" �• 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 Roberts, Bost, Tetens and Frauenberger. Voting "No" - None. Motion passed 4 to 0. Councilmember Wolff abstained. AWARD OR REYOCTION OF BID NO. B87-16, C JCTION OF FINAL COVER AT PEARIAN D SOLID WASTE TANNUT., PHASE 1 Public Works Director Bill Thomasset informed Council that there was a need to move forward with Bid No. B87-16, Construction of Final Cover at Pearland Solid Waste Landfill. He stated that because of our erroneously being informed by the former landfill contractor that the construction of the cover would cost approximately $100,000, we only had $100,000 budgeted for this project, and the low bidder, Rebel Contractors, bid $240,348.50. Discussion ensued between Council members and Staff regarding alternatives to award of Bid No. B87-16 for the full amount. Public Works Director Thomasset reminded Council that the City has already promised the State that the cover would be installed by the end of January, or face a possible $10,000 per day fine. He said the State understands our financial limitations and is willing to work with us. He then suggested doing $100,000 of work this year and finishing the job when funds were available, with the contractors agreement to reduce the amount of the bid according to the available funding. After review with Staff and the City Attorney regarding potential liability for awarding a bid where the City did not have sufficient funds, and because the contract could not be awarded on a unit price basis as it was not bid on such a basis, it was moved by Councilmember Bost, seconded by Councilmember Roberts, that Council reject all three bids received on B87-16 and that Staff be authorized torebid this project based on unit price or in phases. Public Works Director Bill Thomasset then asked Council to first obtain the agreement 224 of the State to an additional delay caused by the re -bid. Councilmember Bost withdrew his motion and the seconder, Councilmember Roberts, agreed. It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Council delay action on this bid and call a special meeting for February 1, 1988. Motion passed 5 to 0. NEW BUSINESS AMIMIZATION FOR STAFF TO TAIL BIDS FUR A NEW APUR)LANCE FOR THE E GUMEY MICAL MICE City Manager Ron Wicker explained we currently have four ambulances and we are in need of replacing two of them. Emergency Medical Service Director David Smith added that these two ambulances are seemingly always out of service and in need of repair and could conceivably be replaced by one upgraded ambulance, and that no loss of service to the citizens would result. In the current budget, we have $66,000 for the purchase of a new ambulance. It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that Staff be authorized to advertise for bid of a new ambulance, cab and chassis. Motion passed 5 to 0. BID NO. 888-1, CLEANING, TELEVISDG, AMID II1MG OF Y 354 FEET OF SANITARY SEWER. LINE ON OLD ALVIN GOAD Public Works Director Bill Thomasset explained that two point repairs are needed along the sanitary sewer line on Old Alvin Road, which primarily serves apartments, but was located in quicksand. Insituforming would be needed to make the repairs. Councilmember Wolff inquired as to options which would not include insituforming, such as replacement of the sanitary sewer line. Discussion ensued between Council and Staff. It was then moved by Councilmember James Bost, seconded by Councilmember Dennis Frauenberger, that we award Bid No. B88-1, Cleaning, Televising, and Lining of _ Approximately 354 Feet of Sanitary Sewer Line on Old Alvin Road to Insituform Gulf South, Inc., in the amount of $35,400.00 this being Section A with an option for any point repair not to exceed a total of $46,500.00 additional, which was bid as Section B, with payment to be made from the appropriate funds. Motion passed 4 to 1. Councilmember Wolff voted against. MECIL DISCUSSION CONCE PME APPLICATION NO. 11, JOHN BUMM, ZONE CHAFE REqJEST FRM GENERAL BUSINESS TO CCHMERCIAL Mayor Reid read into the records the following letter from the Chairman of the Planning and Zoning Commission, Leroy Savoie: January 21, 1988 The Honorable Mayor and City Council City Hall Pearland, Texas 77581 Re: Planning and Zoning Commission Councilmembers: At the Special Meeting of January 18, 1988, the Planning and Zoning Commission considered the request by John Bowman for an amendment of the Land Use and Urban Development Ordinance of Pearland from Classification General Business (GB) to Commercial (C), on Lots 25, 26 and 27, Block 4, Pearland Townsite, Brazoria County, Texas. The Commission had concerns centered around parking, lot sizes and widths in a 9.25 Commercial (C) District and whether or not a request of this nature would be considered spot zoning. Further discussion and elaboration into the type of business held between the Commission, Staff and business owner revealed that there was not a need for a zone change. It was recommended by the Staff that the Commission deny the request based on the fact that the business can be permitted by right and can be handled administratively. Al Lentz made a motion to deny the request as submitted. Benny Frank seconded by motion. Motion passed 5-0. The Planning and Zoning Commission is presenting this for Council's information. Sincerely, /s/ Leroy Savoie, Chairman Planning and Zoning Commission LS/EB/dl City Manager Ron Wicker pointed out the location of the property and explained that the requested business could be conducted without a zone change. Councilmember Roberts then expressed a concern about inadequate parking on the premises and asked Staff to look into obtaining an agreement from the business owner to expand parking facilities. It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that Council deny Application No. 11, John Bowman, for a Zone Change Request from General Business to Commercial. Motion passed 5-0. RESOLUTION NO. 888-2, RESOIiTPION CNANGM T[E FIRST REGULAR MEETING DAlE IN FEBRUARY, 1988, DUE TO ANTICIPATED ABSENCES BY A NL]MBER OF COUNCIUWffM Mayor Reid explained that he, Mayor Pro Tem Richard Tetens, and possibly other Councilmembers will be out of town at the time of the next regularly scheduled Council meeting, necessitating a change in the regular meeting date for February. Resolution No. R88-2 was read in its entirety by City Attorney Luke Daniel, inserting February 1, 1988 as the new regular meeting date. It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Resolution No. R88-2 be passed and approved on its first and only reading. Said Resolution No. R88-2 reads in caption as follows: RESOLUTION NO. 888-2 A RESOLUTION OF THE CITY COUNNCIL OF THE CITY OF PEARLAM, TEXAS, CHANGING THE FIRST REGULAR MEETING DATE IN FEBRUARY, 1988, DUE TO THE ANTICIPATED ABSENCES OF A NUMBER OF COUNCILZEMBERS. Voting "Aye" - Councilmembers Wolff, Frauenberger, Tetens, Bost and Roberts. Voting "No" - None. Motion passed 5-0. City Secretary Kay Krouse informed Council that the publication of this resolution would be in the Friday, January 29, 1988 edition of the Pearland Journal. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:42 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 62.52-17, SECTION 2 Mayor Reid read, from the posted agenda, the topics to be discussed in Executive Session. MEETING, RE'lUIRED TO OPEN SESSION AT 10:02 P. M. - NO ACTION TAKEN Mayor Reid read the following items which were discussed in Executive Session and signed a certification to that effect: 226 UNDER SUBSECTION (e) LEGAL - Council discussed FM 518 Right -of -Way Pending Cases with the City Attorney. UNDER SUBSECTION (g) PERSONNEL - Discussion of Department Head with the City Manager. 1, 1� 1� ►I The meeting adjourned at 10:03 P. M. Minutes approved as submitted and/or corrected this _ day of o , A. D., 1988. �avyt,_ Mayor ATTEST: 7Zgx4-i� City Wacretary