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1985-02-11 CITY COUNCIL REGULAR MEETING MINUTES5 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 11, 1985, AT 7:30 P. M., IN THE CITY HALL, 2335 N. TEXAS AVE., PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Councilman/Mayor Pro Tem Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Dennis Frauenberger Terry Gray James E. Bost Charles R. Mack Al Lentz Ronald J. Wicker Luke L. Daniel Kay Krouse The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by Councilman/Mayor Pro Tem Dennis Frauenberger. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the Minutes of a Regular Meeting held on January 28, 1985, be approved as submitted. Motion passed 5 to 0. It was moved by Councilman Frauenberger, seconded by Councilman Lentz that the Minutes of a Special Meeting held on February 4, 1985, be approved as submitted. Motion passed 4 to 0. Councilman Bost abstaining. MAYOR'S ACTIVITY REPORT: Mr. Clyde Starns, on behalf of the Pearland Youth League Basketball Association, presented Mayor Reid a check for the City of Pearland in the amount of $500.00. Mr. Starns stated that the organization hoped that this donation would go to the Parks/Recreation Department to improve recreational facilities such as basketball. Mayor Reid read a proclamation proclaiming the week of February 18-22, 1985, as Texas School Lunch Week. Mary Ann Carmichael and Edell Estenson accepted the proclamation. Mayor Reid read a proclamation proclaiming the week of February 10, 1985, as Future Homemakers of America Week. Dee Moody, President of FHA, along with three members of the organization accepted the proclamation. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: City Manager Wicker reported that last week the City Staff went to Plainview to inspect the new and used garbage trucks we are purchasing from EMCO Manufacturing Co. for the Sanitation Dept. to use in the new commercial pick-up operation. It' appears we will be receiving, on time, all the equipment needed. Mr. Wicker stated that he hoped the Council will have time to come out and observe this new pick-up operation which he believes will be of great benefit to the City. City Attorney Luke Daniel reported that he attended the meeting in Austin last week with the Texas Department of Water Resources concerning the application M for waste discharge permit at Cowart Creek. He said he believes that Mr. Kammer - man, the legal counsel hired by the City, did an excellent job in preparing the City's case and believes we will be getting our permit for a sewage treatment plant on Cowart Creek. City Secretary Kay Krouse introduced Pat Vaught to the City Council. Mrs. Vaught is the new assistant in the City Secretary's Office. CITIZENS: None DOCKETED PUBLIC HEARINGS: None i UNFINISHED BUSINESS: None NEW BUSINESS: APPOINTMENT OF THE FOLLOWING BOARD MEMBERS: It was moved by Councilman Mack, seconded by Councilman Bost that the following individuals be appointed to serve on the Electrical Board for a two-year term to expire in February, 1987: Robert Kettle (reappointment) Charles Michna (reappointment) Motion passed 5 to 0. It was moved by Councilman Frauenberger, seconded by Councilman Lentz that the following individuals be appointed to serve on the Library Board for a three-year term to expire in February, 1988: Bettye Alexander (reappointment) Rosalie Olah (reappointment) Harold Travis (new appointment) Motion passed 5 to 0. RESOLUTION NO. R85-6, A RESOLUTION APPROVING AND ADOPTING AMENDMENT NO. 1 TO AGREE- MENT FOR ENGINEERING SERVICES DATED OCTOBER 8, 1984, BETWEEN THE CITY OF PEARLAND AND LANGFORD ENGINEERING, INC., FOR THE DESIGN OF CERTAIN SANITARY SEWERAGE SYSTEM IMPROVEMENTS City Manager Ron Wicker stated that Public Works Director Bill Thomasset has been negotiating with Langford Engineering concerning this amendment which basically will provide approximately $12,000.00 additional credit for us toward the design and engineering on this contract. Resolution No. R85-6 read in full by Councilman Lentz. It was moved by Councilman Lentz, seconded by Councilman Mack, that Resolution No. R85-6 be passed and approved on first and only reading. Said Resolution No. R85-6 reads in caption as follows: RESOLUTION NO. R85-6 A RESOLUTION APPROVING AND ADOPTING AMENDMENT NO. 1 TO AGREEMENT FOR ENGINEERING SERVICES DATED OCTOBER 8, 1984, BETWEEN THE CITY OF PEARLAND, TEXAS, AND LANGFORD ENGINEERING, INC., FOR THE DESIGN OF CERTAIN SANITARY SEWERAGE SYSTEM IMPROVEMENTS. Voting "Aye" - Councilman Lentz, Councilman Mack, Councilman Frauenberger, Councilman Bost, and Councilman Gray. Voting "No" - None Motion passed 5 to 0. 7 RESOLUTION NO. R85-7, TRAFFIC CONTROL REPORT NO. 48 FOR INSTALLATION OF CERTAIN STOP SIGNS IN CITY Traffic Control Report No. 48 was read in full by City Attorney Luke Daniel who requested that this report be made a resolution and given the number R85-7. It was moved by Councilman Mack, seconded by Councilman Frauenberger, that Resolution R85-7 be passed and approved on first and only reading. Said Resolution No. R85-7 reads as follows: RESOLUTION NO. R85-7 THE STATE OF TEXAS X COUNTIES OF BRAZORIA & HARRIS X CITY OF PEARLAND X BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: THAT The report of the Director of Planning and Transportation submitted on the 29 day of January , A. D., 1985, concerning the installation of traffic control devices described as follows: One Stop Sign at the Northeast Corner of John Lizer at Old Alvin Road One Stop Sign at Old Hatfield (County Road 555) and New Hatfield being the Southeast Corner of the Intersection (Northbound) One Stop Sign at the Northwest Corner of New Hatfield and FM 518 for Southbound Traffic located at the above locations in the City of Pearland, Texas, is hereby affirmed and ratified, and the same are hereby officially declared to be official traffic devices in and for the City of Pearland, Texas. PASSED, APPROVED, and RATIFIED by the City Council of the City of Pearland, Texas, this 11 day of February , A. D., 1985. CITY OF PEARLAND, TEXAS BY: /S/ TOM REID Mayor, City of Pearland, Texas ATTEST: /S/ KAY KROUSE City Secretary There was a general discussion about the real need for a stop sign on John Lizer at Old Alvin Road and the problem of visibility at this and other intersections in the City. Voting "Aye" - Councilman Lentz, Councilman Mack, Councilman Frauenberger, and Councilman Bost Voting "No" - Councilman Gray C+ Motion passed 4 to 1. ORDINANCE NO. 484, AN ORDINANCE AMENDING ORDINANCE NO. 394-1, PROVIDING NEW RATES AND CHANGES TO USERS OF THE STORER CABLE TV SYSTEM WITHIN THE CITY OF PEARLAND City Attorney Luke Daniel explained that at the Council's request, the new rates shown in Schedule "A" of this Ordinance are two-step increases. The first increase will go into effect March 1 through August 31, 1985, and the next higher rate increase will be effective September 1, 1985. Ordinance No. 484 read in caption by Councilman Bost. (First Reading) It was moved by Councilman Bost, seconded by Councilman Mack, that Ordinance No. 484 be passed and approved on first of two readings. Said Ordinance No. 484 reads in caption as follows: ORDINANCE NO. 484 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 394-1, SAME BEING THE FRANCHISE AGREEMENT BETWEEN THE CITY OF PEARLAND AND MECA CORPORATION, FOR A COMMUNITY ANTENNA TELEVISION SYSTEM IN THE CITY; AMENDING SECTION X. (RATES) THEREOF; PROVIDING AN EFFECTIVE DATE; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; AND OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Gray, Councilman Bost, Councilman Frauenberger, and Councilman Mack. Voting "No" - Councilman Lentz Motion passed 4 to 1. ORDINANCE NO. 485, INDEMNIFICATION AND PROVISION OF LEGAL DEFENSE FOR CITY OFFICERS AND EMPLOYEES City Attorney Luke Daniel stated that this item will be discussed in Executive Session and requested that Council consideration of this Ordinance be deferred until after that time. APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO BID CENTRIFUGES AND APPURTENANCES FOR BARRY ROSE AND LONGWOOD SEWAGE TREATMENT PLANTS Public Works Director Bill Thomasset explained that this bid request is the result of the study on expansion and upgrade of our sewer plants. The Engineer for this study recommended we install centrifuges for the processing of sludge from the plants. We would like to have the centrifuges on hand when the contractor comes on board to expand the plants. The centrifuges will be ready to install then and will give us a good time advantage in bringing us into State compliance. A motion was made by Councilman Lentz, seconded by Councilman Gray, that the Staff be authorized to bid centrifuges and appurtenances for Barry Rose and Longwood Sewage Treatment Plants based on the numerous letters we have received recently from the State. Motion passed 5 to 0. ESTABLISHMENT OF COUNCIL POLICY ON ASSESSMENT PAVING ON SOUTH GALVESTON STREET AND LIBERTY DRIVE. City Manager Ron Wicker stated that we have completed the assessment paving on South Galveston Street, from FM 518 to Walnut, and on Liberty Drive, from FM 518 to Shadybend, and are ready to call the necessary public hearings to work out the assessment rates. We need to know at this point what the Council intends this rate to be; 90-10 assessment is the maximum we can assess property owners. We have an appraiser working on this to establish that the work that is done is equal to the increased value of the property. City Attorney Luke Daniel explained that the abutting property owners can be assessed for paving and other street improvements but that the owners cannot be assessed more than the actual enhanced value of the property. A motion was made by Councilman Lentz, seconded by Councilman Frauenberger, that the City adopt the policy of a 90-10 assessment paving with the property owners paying 90% and the City paying 100 of the total cost of all improvements. Motion passed 5 to 0. CALL OF PUBLIC HEARING ON ASSESSMENT PAVING ON SOUTH GALVESTON STREET AND LIBERTY DRIVE City Manager Ron Wicker stated that we would recommend calling a Special Meeting for the public hearing on assessment paving for March 18, 1985. A motion was made by Dennis Frauenberger, seconded by Councilman Bost, that a Special Meeting be called for Public Hearing on assessment paving on South Galveston Street and Liberty Drive on March 18, 1985. Motion passed 5 to 0. AUTHORIZATION TO BID ADDITIONAL REFUSE CONTAINERS City Manager Wicker explained that these containers are to be used in the new commercial garbage pick-up operation. In reviewing the Budget, we have found some additional funds that we would like to utilize in purchasing the remaining containers over a,six-month period ,,that we need to furnish` the commercial customers. A motion was made by Councilman Gray, seconded by Councilman Bost, that the Staff be authorized to bid additional refuse containers as needed for the new commercial garbage operation. Motion passed 5 to 0. ORDINANCE NO. 187-2, MEETINGS, OFFICERS, DUTIES, POWERS AND FUNCTION OF THE LIBRARY BOARD Ordinance No. 187-2 read in caption by Councilman Frauenberger., It was moved by Councilman Frauenberger, seconded by Councilman Bost, that Ordinance No. 187 -2 -be passed and approved on first of two readings. Said Ordinance No. 187-2 reads in caption as follows: ORDINANCE NO. 187-2 AN ORDINANCE AMENDING SECTIONS 15-25, 15-27, 15-28, 15-29, 15-30 and 15-34 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR MEETINGS, ELECTION OF OFFICERS AND THEIR DUTIES, AND POWERS AND FUNCTIONS OF THE PEARLAND LIBRARY BOARD; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; SPECIFICALLY REPEALING SECTIONS 15-31, 15-32, 15-33 and 15-35 OF SAID CODE; HAVING A SAVINGS CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Voting "Aye" - Councilman Lentz, Councilman Mack, Councilman Frauenberger, Uff Councilman Bost, and Councilman Gray. Voting "No" - None Motion passed 5 to 0. OTHER BUSINESS: 1. Excused Absence for Mayor Reid from Special Meeting on February 4, 1985. It was moved by Councilman Mack, seconded by Councilman Frauenberger that Mayor Reid be excused from the Special Meeting held on February 4, 1985. Motion passed 4 to 0. Councilman Bost abstaining. 2. Excused Absence for Councilman Bost from Special Meeting on February 4 1985. It was moved by Councilman Mack, seconded by Councilman Frauenberger, that Councilman Bost be excused from the Special Meeting held on February 4, 1985. Motion passed 4 to 0. Councilman Bost abstaining. It was determined by the Council that in accordance with Section 3.02 of the Home Rule Charter excused absences would only be necessary for regular meetings that are missed. 3. MEETING RECESSED TO EXECUTIVE SESSION AT 8:45 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17 SECTION 2, SUBSECTION (e) LEGAL - Contem- plated and Pending Litigation (Article 1269m V. A. C. S.) - indemnifica- tion and Provision of Legal Defense for City Officers and Employees, Pursuant to Agenda Item No. 5, New Business; SUBSECTION (f) LAND PURCHASE - Acquisition of Real Property; and SUBSECTION (g) PERSONNEL - Appointment to and Term of Office for Members of the Zoning Board of Adjustment. MEETING RECONVENED TO OPEN SESSION 9:35 P.M. NEW BUSINESS (CONTINUED) ORDINANCE NO. 485, INDEMNIFICATION AND PROVISION OF LEGAL DEFENSE FOR CITY OFFICERS AND EMPLOYEES City Attorney Luke Daniel read the following amendment to Ordinance No. 485. Under Section 1. Indemnification, the first paragraph becomes an (a) and after the words "found not to have been so acting", a second paragraph reads as follows: (b) Any officer or employee for whom legal defense is offered and/or provided by the City pursuant to this ordinance who employs other counsel shall do so at his sole cost and expense, and such cost and expense shall not be reimbursed by the City. Provided further, that it is the intent of the City Council to have final decision-making authority in the choice of counsel to provide legal defense as set forth herein. The remainder of the Ordinance will remain the same. Ordinance No. 485 read in caption by City Attorney Luke Daniel. It was moved by Councilman Frauenberger, seconded by Councilman Bost, that Ordinance No. 485 be approved as amended herein on the first of two readings. Said Ordinance No. 485 reads in caption as follows: ORDINANCE NO. 485 AN ORDINANCE PROVIDING FOR THE INDEMNIFICATION OF OFFICERS AND EMPLOYEES OF THE CITY OF PEARLAND, TEXAS IN LAWSUITS AND OTHER LEGAL PROCEEDINGS BASED ON GOOD FAITH PERFORMANCE 11 ORDINANCE NO. 485 (cont'd) OF DUTY; REQUIRING FINDINGS BY THE CITY COUNCIL; PROVIDING FOR PAYMENT OF JUDGMENTS; PROVIDING EXCEPTIONS TO THE APPLICATION HEREOF; HAVING A REPEALER CLAUSE; HAVING A SAVINGS CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Voting "Aye" - Councilman Gray, Councilman Bost, Councilman Frauenberger, Councilman Mack and Councilman Lentz. Voting "No" - None Motion passed 5 to 0. AT1,T(NTRAT . The meeting adjourned at 9:40 P. M. Minutes approved as submitted and/or corrected this the A6— day of A. D., 1985. Mayor ATTEST: xc�/ 7L-Zl� City cretary