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1985-02-25 CITY COUNCIL REGULAR MEETING MINUTES12 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 25, 1985, AT 7:30 P.M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilman/Mayor Pro Tem Dennis Frauenberger Councilman Terry Gray (Entered at 7:50 P.M.) Councilman James E. Bost Councilman Charles R. Mack Councilman Al Lentz City Manager Ronald J. Wicker City Attorney Luke L. Daniel City Secretary Kay Krouse INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given by Mr. M. 0. Knapp, Senior Volunteer, Scouting Executive. The Pledge of Allegiance was led by City Manager Ronald J. Wicker. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Bost that the Minutes of a Regular Meeting held on February 11, 1985, be approved as submitted. Motion passed 4 to 0. Councilman Gray absent from the Chambers. MAYOR'S ACTIVITY REPORT: Mayor Reid read a proclamation proclaiming the weeks of February 25 through March 18, 1985, as sustaining membership enrollment event for the Boy Scouts of America, Bay Area Council. Accepting the proclamation was Kathy Withey, Sustaining Membership Chairman. Mayor Reid read a proclamation proclaiming the month of February as Heart Month. Mrs. Paula Scardino accepted the proclamation on behalf of the Heart Association. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: City Attorney Luke Daniel reported he had given the Mayor and Councilman Frauenberger, Council liaison to the Library Board, a copy of the revised By-laws that will be voted on at the March meeting of the Pearland Library Board. CITIZENS: Mr. David S. Miller, Chairman of the Pearland-Hobby Area Chamber of Commerce Committee on Industrial Development, spoke to the Council about the latest activities of the local Chamber. One project being the Industrial Development Committee's proposal through the Texas Economic Development Commission for the new General Motors Saturn Plant to be located in this area. Mr. Miller explained that this GM plant would manufacture new sub -compact cars; they would require between 850 - 1000 acres of '~ land and expect to employ around 6,000 people. To attract such high tech industries to this area, the Industrial Development Committee would like to recommend that the City Council study Pearland's Master Plan, looking to the future and planning for growth and progress. Mayor Reid informed Mr. Miller that the cities of Alvin, Brookside, Manvel,, Missouri City and Pearland are in the process of forming the Brazos Bend Water W Authority which will be a revenue sharing authority only. The Authority will encompass three areas of responsibility: 1) finding, processing and delivering water to a point; 2) a regional solid waste landfill, co -generation electric by-product type disposal of solid waste, and 3) sewage treatment capability. All of this material is currently in Senator Buster Brown's and Representative Jack Harris' offices and being prepa:ied to be processed as a Bill in Austin. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: ORDINANCE NO. 484, AN ORDINANCE AMENDING ORDINANCE NO, 394-1, PROVIDING NEW - RATES AND CHARGES TO USERS OF THE STORER CABLE TV SYSTEM WITHIN THE CITY OF PEARLAND Ordinance No. 484 read in caption by Councilman Bost. (Second Reading) It was moved.by Councilman Bost, seconded by Councilman Frauenberger, that Ordinance No. 484 be passed and approved on the second and final reading. 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 Mack, Councilman Frauenberger, Councilman Bost and Councilman Gray. Voting "No Councilman Lentz. Motion passed 4 to 1. ORDINANCE NO. 485, INDEMNIFICATION AND PROVISION OF LEGAL DEFENSE FOR CITY OFFICERS AND EMPLOYEES Ordinance No. 485 read in caption by Councilman Frauenberger. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Gray, that Ordinance No. 485 be passed and approved on the second and final reading. 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 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. ORDINANCE NO. 187--2, MEETINGS, OFFICERS, DUTIES, POWERS AND FUNCTION OF THE LIBRARY BOARD Ordinance No. 187-2 read in caption by Councilman Mack. (Second Reading) It was moved by Councilman Mack, seconded by Councilman Frauenberger, that Ordinance No. 187-2 be passed and approved on the second and final reading. 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, Council- man Bost and Councilman Gray. Voting "No" - None Motion passed 5 to 0. NEW BUSINESS: RECEIVE INTO RECORDS RECOMMENDATION FROM PLANNING AND ZONING COMMISSION ON PROPOSED REVISIONS TO LAND USE AND URBAN DEVELOPMENT ORDINANCE AND PROPOSED REVISED ZONING MAP Richard Tetens, Chairman of the Planning and Zoning Commission, reported to the Council that the Planning and Zoning Commission has held a public hearing on the proposed revisions and have received more input. They are now submitting to the City Council their recommendations on the proposed revisions to the Land Use and Urban Development Ordinance and proposed revisions to the Zoning Map. A motion was made by Councilman Mack, seconded by Councilman Bost, that the recommendations from the Planning and Zoning Commission on proposed revisions to the Land Use and Urban Development Ordinance and proposed revised Zoning Map be received into the records of the City. Motion passed 5 to 0. CALL OF PUBLIC HEARING ON PROPOSED REVISIONS TO LAND USE AND URBAN DEVELOPMENT ORDINANCE AND PROPOSED REVISED ZONING MAP City Manager Ron Wicker recommended that before an actual hearing date is set our new City Attorney be given the opportunity to review the proposed revisions to the Ordinance and Zoning map. A motion was made by Councilman Gray, seconded by Councilman Frauenberger, that the calling of a public hearing on proposed revisions to Land Use and Urban Development Ordinance and proposed revised zoning map be tabled until a future agenda. Motion passed 4 to 1. Councilman Mack voting against. APPROVAL OF THE FOLLOWING INVOICES: A motion was made by Councilman Lentz, seconded by Councilman Bost, that Estimate No. 1, Big H Construction, Inc. for Walnut Street Sewer Lift Station Rehabilitation, in the amount of $44,591.41 be approved and payment made out of the appropriate funds. Motion passed 5 to 0. 15 A motion was made by Councilman Lentz, seconded by Councilman Frauenberger, that Invoice No. 4131, Langford Engineering, Inc..for Design of Certain Sanitary Sewerage System Improvements, in the amount of $46,977.30 be approved and payment made from the appropriate funds. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT CONTINUED: Mayor Reid reported that in a recent meeting with a member of the District Engineer's office of the Texas Highway Department, discussing the progress on F.M. 518 widening, it was mentioned that Mr. Frank Wadlington,with the High- way Department, had said that as of February 7, within 90 days, he would have an engineering design contract let on this project with a provision for a 6 - month time -frame for completion of the engineering contract. The widening will be from the First National Bank all the way to the Galveston County Line, with four lanes and one continuous left -turn lane in the middle. City Manager Wicker stated that the City needs to get a written statement from the Highway Department concerning what will be the City's share of the cost of this project, so that we can set aside the money needed for the widening and then go on with our street paving program. Mayor Reid reported that we have just purchased the property for the Public Safety Facility which will include the jail, police station and municipal court and that the architect selected for this project is currently working on the plans. Mayor Reid said we needed to start planning ahead for the new City Hall and asked the Architect Selection Committee, composed of Councilman Frauenberger, City Manager Ron Wicker and Assistant City Manager Gary Jackson, to proceed with plans for interviewing prospective architects and then bring their recommendations to the Council for consideration. OTHER BUSINESS: MEETING RECESSED TO EXECUTIVE SESSION AT 8:30 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17 SECTION 2 (1) SUBSECTION (e) LEGAL - Contemplated and Pending Litigation (Article 1269m V.A.C..S.). (2) SUBSECTION (g) PERSONNEL - Appointments to and Terms of Office for Members of the Zoning Board of Adjustment; Appointments to and Terms of Office for Members of Planning and Zoning Commission; and Article 16, Section 40 of the State Constitution. MEETING RETURNED TO OPEN SESSION AT 9:17 P. M..- NO ACTION ADJOURN: The meeting adjourned at 9:17 P. M. Minutes approved as submitted and/or corrected this the i1 day of A. D., 1985. T _ N Mayor ATTEST: City S cretary