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1985-03-25 CITY COUNCIL REGULAR MEETING MINUTES23 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 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 Councilman/Mayor Pro Tem Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Dennis Frauenberger Al Lentz Charles R. Mack James Bost Terry Gray Ronald J. Wicker Luke L. Daniel Kay Krouse The invocation was given by Ray -Blaylock, Pearland's Director of Emergency Management. The Pledge of Allegiance was led by Dan Keller, Chairman of Civil Service Commission and former Mayor. APPROVAL OF MINUTES: It was moved by Councilman Gray, seconded by Councilman Bost, that the Minutes of a Regular meeting held on March 11, 1985, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid recognized, from the audience, several Government Class students from San Jacinto College, South Campus. Mayor Reid read a proclamation proclaiming the month of April as Women's Center of Brazoria County, Capital Fund Drive Month. Mrs. Mary Emma Bristow accepted the proclamation on behalf of the Women's Center. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: City Manager Ron Wicker reported that this week we have received partial shipment on our semi-annual supply of garbage bags and they should be through distributing these bags by the end of this week. City Manager Wicker also reported that he would be going to Austin tomorrow and one of the things he would be attending is -the hearing before the Texas Department of Water Resources on our sewer treatment permit for the Garden Road sewer plant site. The remainder of the day will be spent on Brazoria County Day when all of the Legislature will turn out in the evening for a reception on behalf of Brazoria County. Councilman Frauenberger, who is Vice -President of the Chamber of Commerce, report- ed that Chamber members were already in Austin meeting with members of the Legis- lature. Public Works Director Bill Thomasset reported that he was appointed to a steering committee looking at the possibility of building a County Road which will take off at Highway 35 and Dixie Farm Road, go southwesterly and then westerly along C. R. 100 and continue to 288 and possibly join up with C. R. 58. The committee 24 that is looking at this is composed of Gordan Hays, County Engineer, a representa- tive from Manvel, Lloyd Yost, Drainage District No. 4 and James Raines, Drainage District No. 3 as well as Mr. Thomasset. They met last week and discussed the problems of money, crossing the railroad, getting pipelines lowered and obtain- ing right-of-way. The committee plans to meet with Commissioners Plaster and Rouse to see what they think can be done from a fund standpoint. The position he took for the City of Pearland, Mr. Thomasset stated, was that we are interested but have no money to participate. It is a very attractive project for us because we need a second East-West road and this would join I45 and 288 south of us he said. Councilman Lentz stated that the County Commissions are beginning to look at a route south of Pearland between Pearland and Alvin that will be approximately to Dixie Farm Road, Highway 35 over to 288, so the County is aware of this need. City Manager Wicker reported that Mr. Thomasset put together a report on the san- itary sewer service to the newly annexed areas and the areas immediately adjacent thereto, and.it was included in the Council packets. Mr. Wicker asked that the Council review this report and advise him of any comments. CITIZENS: Dan Keller introduced himself as Chairman of the Pearland Civil Service Commission and Vice Chairman, James Gilbert, member, Gail Birdsong, and Mary Hickling, Direc- tor of Civil Service and Secretary to the Commission. Mr. Keller stated that the Commission would like to request that Council authorize payment of physical exam- inations of veteran police officers under Civil Service. Mr. Keller read from a memorandum that he passed out to the Council, explaining the Commission's views on the request. The cost of the examinations is set at $275 and would be requir- ed for veteran classified officers every two years. Mr. Keller explained that the Commission felt very strongly about this issue and felt this requirement would be in the best interest of the public and the officer. During a general discussion with the Council several questions were raised, among them: (1) if an officer's physical report is not good, what can the City do to require him to take correc- tive action with respect to the rules of 1269m; (2) how many cities under 1269m have adopted mandatory physicals; (3) should physicals be a requirement for all City employees; and (4) could any portion of the physical exam be covered by the City insurance. City Manager Wicker stated he believed that this issue was one that could not be easily resolved in quick order tonight. Mr. Wicker suggested that a workshop be called for Council and the Civil Service Commission and the Staff involved to dis- cuss this issue. It was recommended that Staff be given time to gather information needed for dis- cussion and then a workshop be called for all the concerned parties. CHANGE IN THE ORDER OF BUSINESS: DOCKETED PUBLIC HEARINGS: 1. 8:00 P. M.: Continuance of Public Hearing on Street Paving Assessments on Liberty Drive, from the South Right-of-way Line of F. M. 518 (East Broad- way), South to Shadybend, a Distance of 1550 feet, More or Less; and Pav- ing Assessments on South Galveston Street, From the South Right-of-way Line of F. M. 518 (East Broadway), South to the North Right-of-way Line of Wal- nut Street, a Distance of 1265 Feet, More or Less. (Continued from March 18 and March 19, 1985) Mayor Reid reconvened Public Hearing on street paving assessments on portions of 25 Liberty Drive and South Galveston Street, this Hearing being a continuance of the Special Meeting and Public Hearing held on March 18 and March 19, 1985. Mayor Reid asked if there was anyone present who wished to address the Council relative to this hearing. There was no one. CHANGE IN THE ORDER OF BUSINESS: NEW BUSINESS: ORDINANCE NO. 487, AN ORDINANCE CLOSING PUBLIC HEARING ON STREET PAVING ASSESSMENTS ON LIBERTY DRIVE, FROM THE SOUTH RIGHT-OF-WAY LINE OF F. M. 518_ (EAST BROADWAY), SOUTH TO SHADYBEND, A DISTANCE OF 1550 FEET, MORE OR LESS, AND ON SOUTH GALVESTON STREET, FROM THE SOUTH RIGHT-OF-WAY LINE OF F. M. 518 (EAST BROADWAY), SOUTH TO THE NORTH RIGHT-OF-WAY LINE OF WALNUT STREET, A DISTANCE OF 1265 FEET, MORE OR LESS. Ordinance No. 487 read in caption by Councilman Mack. (First Reading) It was moved by Councilman Mack, seconded by Councilman Lentz, that Ordinance No. 487 be approved on first of two readings. Said Ordinance No. 487 reads in caption as follows: ORDINANCE NO. 487 AN ORDINANCE CLOSING A PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR PAVING AND OTHER STREET IMPROVEMENTS ON LIBERTY DRIVE, FROM THE SOUTH RIGHT-OF-WAY LINE OF FM 518 SOUTH TO SHADYBEND, AND ON SOUTH GALVESTON STREET, FROM THE SOUTH RIGHT-OF-WAY LINE OF FM 518 SOUTH TO THE NORTH RIGHT-OF-WAY LINE OF WALNUT STREET; HAVING A SAVINGS CLAUSE; PROVIDING FOR THE EFFECTIVE DATE HEREOF. Voting "Aye" - Councilman Gray, Councilman Bost, Councilman Frauenberger, Councilman Mack and Councilman Lentz. Voting "No" - None Motion passed 5 to 0. MAYOR REID RECESSED THE DOCKETED PUBLIC HEARING UNTIL APRIL 8, 1985, AT 8:00 P.M. CHANGE IN THE ORDER OF BUSINESS: CITIZENS: (Continued) Earl W. Willburn, Jr., Sec-Treas.., Beau -Bay Development Corp., appeared before the Council to request that the City of Pearland abandon that unused portion of the Pearland Sites Road right-of-way. Mr. Willburn stated that his company wishes to acquire one-half of this parcel consisting of approximately .1423 of an acre which is contiguous to the east boundary of their property. Mr. Elliott Cage, Jr. and his sister, Mrs. Thompson would like to acquire the r�- other half consisting of approximately .1672 of an acre which is contiguous to the west boundary of their property. City Attorney Luke Daniel advised the Council that in its consideration of the abandonment of this public right-of-way, the Council would have to make a finding that this street would never be used by the public. Mayor Reid requested that this item be referred to the Staff for evaluation and then put on a future Council Agenda. CHANGE IN THE ORDER OF BUSINESS: M NEW BUSINESS: (Continued) APPROVAL OF ARCHITECT'S CONCEPTUAL DESIGN FOR THE PUBLIC SAFETY FACILITY. City Manager Wicker explained that at the Special Meeting last Monday night, the architect presented an external elevation of the proposed Public Safety Facility along with floor plans for this facility. The Council, he believes, at that point agreed with the floor plan layout of the Public Safety Facility but there were some questions raised about the external appearance of the building. Mr. Christopher Di Steffano and Mr. Joe Santopetro are now presenting three . different exterior building elevations that will all fit the floor plans. These exterior elevations were labeled A, B, and C. They asked that if Council could choose one elevation tonight they could go ahead and make some working drawings. A motion was made by Councilman Bost, seconded by Councilman Gray, that the Council advise the architect to proceed with the plans shown on front elevation C. Motion passed 5 to 0. AUTHORIZATION OF ISSUANCE OF LICENSE FOR MAGNOLIA PLACE MOBILE HOME PARK, PHASE III AND PHASE IV, PURSUANT TO ORDINANCE NO. 179. City Attorney Luke Daniel reported that he has reviewed the application sub- mitted by Tiemac, Inc. for the operation of Magnolia Place Mobile Home Park, Phases III and IV within the City Limits of Pearland, Texas and finds that they are in compliance with the Mobile Home Ordinance. A motion was made by Councilman Gray, seconded by Councilman Frauenberger, that the City Secretary be authorized to issue the license for Magnolia Place Mobile Home Park, Phase III and IV pursuant to Ordinance No. 179 as recommended by the City Attorney. Motion passed 5 to 0. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO BID DRAINAGE IMPROVE- MENTS AT BARRY ROSE AND F. M. 518. City Manager Ron Wicker explained that quite some time ago, before Bill Thomasset was employed by the City as Public Works Director, we enlisted the services of R. Wayne Smith, consulting engineer, to do a drainage study to identify various drainage problems throughout the City of Pearland. The No. 1 problem that was pointed out by Mr. Smith's study was the problem that existed around the inter- section of Barry Rose Road and F. M. 518 and the inadequacies of the drainage structures under F. M. 518. Mr. Smith was asked to proceed with the development plans and specifications necessary to rectify this problem. The plans and specifi- cations are ready now and we are asking for approval and authorization to bid. Bill Thomasset, Director of Public Works, explained what will be constructed in this project and stated that this project will lead into the improvements that we already have designed for Sherwood, Nottingham, and Westminister. The estimated cost of the project is $225,000. The Highway Department has reviewed _ the plans and told us how it will be constructed because we are going to be closing half of F. M. 518, alternately, to get the box culvert in, and we need to get the project underway so that most of it will be constructed during the time school is out. A motion was made by Councilman Lentz, seconded by Councilman Bost, that we accept 27 the plans and specifications prepared by R. Wayne Smith and authorize the Staff to bid the drainage improvements at Barry Rose Road and F. M. 518 subject to the obtaining and having in hand the Texas Highway Department permit. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS: UNFINISHED BUSINESS: ORDINANCE NO. 486, AN ORDINANCE ABANDONING, VACATING AND RELINQUISHING AN ACCESS EASEMENT IN TRACT OF LAND OUT OF BLOCK 3, GREEN TEE TERRACE TOWNHOUSES, LOCATED AT 2812 COUNTRY CLUB DRIVE. (MS. HORTENSE BRINKLEY, iii TNI P R1 Ordinance No. 486 read in caption by Councilman Frauenberger. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Bost, that Ordinance No. 486 be passed and approved on its second of two readings. Said Ordinance No. 486 reads in caption as follows: ORDINANCE NO. 486 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS ABANDONING, VACATING AND RELINQUISHING AN ACCESS EASEMENT IN, UPON, OVER AND ACROSS A TRACT OF LAND OUT OF BLOCK 3, GREEN TEE TERRACE TOWNHOUSES, LOCATED AT 2812 COUNTRY CLUB DRIVE. Voting "Aye" - Councilman Lentz, Councilman Mack, Councilman Frauenberger, Councilman Bost and Councilman Gray. Voting "No" - None Motion passed 5 to 0. NEW BUSINESS: (Continued) REVIEW AND POSSIBLE AWARD OF BID NO. B85-4. LIOUID CHLORINE The following bids were reviewed by Council: 150 lb Cylinders 2000 lb Cylinders Amt of Notice Delivery Time VENDOR Price per LB Price per LB Needed by City Each Order *THOMPSON-HAYWARD DIXIE CHEMICAL .2050 .1325 48 hrs. Within 2 days Within 24 hrs ACETYLENE OXYGEN .20666 .1375 24 hrs. or as needed *Unable to quote at this time Assistant City Manager Gary Jackson reported that Dixie Chemical is the absolute low bid with an excellent bid, lower than we are currently paying. This is pro- posed to be a 1 -year contract with firm prices for that year. A motion was made by Councilman Lentz, seconded by Councilman Frauenberger that Bid No. B85-4, Liquid Chlorine, be awarded to Dixie Chemical in the amount of their low bid as submitted on March 14, 1985, and that the Mayor be authorized to sign the contract. Motion passed 4 to 0. Councilman Mack absent from the Chambers at the time. ORDINANCE NO. 488, AN ORDINANCE REPEALING SECTION 19-7 OF THE CITY CODE OF ORDI- NANCES, SAME DEALING WITH YELLING, SHOUTING City Attorney Luke Daniel explained that Section 19-7 of the City Code of Ordinances is probably unconstitutional at this time and would ask the Council to repeal it. Ordinance No. 488 read in caption by Councilman Gray. (First Reading) It was moved by Councilman Gray, seconded by Councilman Frauenberger, that Ordinance No. 488 be passed on the first of two readings. Said Ordinance No. 488 reads in caption as follows: ORDINANCE NO. 488 AN ORDINANCE REPEALING SECTION 19-7 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; HAVING A CODIFICATION CLAUSE; PROVIDING FOR PUBLICATION AND EFFECTIVE DATE. Voting "Aye" - Councilman Gray, Councilman Bost, Councilman Frauenberger, and Councilman Lentz. Voting "No" - None Motion passed 4 to 0. Councilman Mack absent from the chambers at the time. ORDINANCE NO. 489, AN ORDINANCE REPEALING SECTIONS 20-3, 20-6, 20-19, 20-20 , AND 20-21, OF THE CITY CODE OF ORDINANCES, SAME DEALING WITH ABUSIVE LANGUAGE, IMPERSONA- TION OF AN OFFICER, MALICIOUS MISCHIEF AND VANDALISM, AND TRESPASS City Attorney Luke Daniel explained that all these sections are covered under State law, with some being more serious crimes and asked that the Council consider repealing them. Ordinance No. 489 read in caption by Councilman Bost. (First Reading) It was moved by Councilman Bost, seconded by Councilman Lentz, that Ordinance No. 489 be passed and approved on the first of two readings. Said Ordinance No. 489 reads in caption as follows: ORDINANCE NO. 489 AN ORDINANCE REPEALING SECTIONS 20-3, 20-6, 20-19, 20-20, and 20-21 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; HAVING A CODIFICATION CLAUSE; PROVIDING FOR. PUBLICATION AND EFFECTIVE DATE. Voting "Aye" - Councilman Lentz, Councilman Mack, Councilman Frauenberger, Councilman Bost and Councilman Gray. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 490, AN ORDINANCE AMENDING SECTION 6-18 OF THE CITY CODE OF ORDINANCES PROVIDING FOR A 180 -DAY RABIES QUARANTINE IN CASE OF RABIES OUTBREAK City Attorney Luke Daniel requested that Council amend Section 6-18 of the Pearland Code of Ordinances to bring it into compliance with State Law. The State Law has been amended to allow the City Health Officer up to 180 days quarantine power in case of rabies outbreak. Ordinance No. 490 read in caption by Councilman Mack. (First Reading) It was moved by Councilman Mack, seconded by Councilman Frauenberger, that Ordinance No. 490 be approved on the first of two readings. Said Ordinance No. 490 reads in caption as follows: 29 ORDINANCE NO. 490 AN ORDINANCE AMENDING SECTION 6-18 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS; TO PROVIDE THAT A 180 DAY QUARANTINE MAY BE ORDERED IN CASE OF POSITIVE RABIES DIAGNOSIS; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; HAVING A CODIFICATION CLAUSE; HAVING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilman Gray, Councilman Bost, Councilman Frauenberger, Councilman Mack, and Councilman Lentz. Voting "No" — None Motion passed 5 to 0. APPROVAL OF THE FOLLOWING INVOICES: (a) A motion was made by Councilman Lentz, seconded by Council- man Bost, that Invoice No. 4159, Langford Engineering, Inc. in the amount of $59,873.82, for Design of Certain Waste- water Treatment Plant Improvements be approved and payment be made out of the appropriate funds. Motion passed 5 to 0. (b) A motion was made by Councilman Lentz, seconded by Council- man Frauenberger, that Estimate No. 1, Naylor Industries, for the Cleaning, Televising, and Lining of Green Tee Sanitary Sewer Line, in the amount of $26,928.81 be approved and that payment be made out of the appropriate funds. Motion passed 5 to 0. (c) A motion was made by Councilman Lentz, seconded by Council- man Gray, that Estimate No. 2, Big H Construction, Inc. for the Walnut Street Sewer Lift Station Rehabilitation, in the amount of $4,860.00 be approved and payment be made out of the appropriate funds. Motion passed 5 to 0. OTHER BUSINESS: MEETING RECESSED TO EXECUTIVE SESSION AT 9:30 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17 SECTION 2 - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation (Article 1269m V.A.C.S.) - SUBSECTION (g) PERSONNEL - Report of Appointment of Parks and Recrea- tion Personnel; and Appointment of Temporary Municipal Court Prosecutor. MEETING RETURNED TO OPEN SESSION AT 9:50 P. M. - NO ACTION ADJOURN: The meeting adjourned at 9:50 P. M. Minutes approved as submitted and/or corrected this the day of A. D., 1985. r�- Mayor ATTEST: City Sekretary