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1985-04-08 CITY COUNCIL REGULAR MEETING MINUTES35 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 8, 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 Councilman Elect City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Re id Dennis Frauenberger Terry Gray James Bost Charles R. Mack Al Lentz Richard F. Tetens Ronald J. Wicker Luke L. Daniel Kay Krouse The invocation was given by Councilman Jim Bost. Webelos Den 1 of Cub Scout Pack 404 conducted a flag ceremony and led the Pledge of Allegiance. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Bost, that the minutes of the regular meeting of March 25, 1985, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid recognized from the audience several students of the Government Class of San Jacinto College, South Campus. Mayor Reid read a proclamation proclaiming the week of April 28 - May 4, 1985, to be Private Property Week in Pearland. Ms. Mary Starr, President of the Gulf Coast Board of Realtors accepted the proclamation. Mayor Reid recognized from the audience former mayor and councilman Carlton McComb. Mayor Reid read a proclamation proclaiming the month of April as Child Abuse Pre- vention Month in Pearland. Diana Fleming and Theresa Roark of Youth Services of Brazoria County accepted the proclamation. John Hudman, Vice -President of the Pearland Little League and Robert Reeder, Senior Vice -President of the Little League presented Mayor Reid with an autographed baseball. This ball was the one that Mayor Reid threw out to officially open the 1985 Little League season on March 30, 1985. Mr. Hudman requested permission to have signs attached to the city limits signs publicizing the Pearland Little League state championship years. City Manager Ron Wicker stated he saw no problem with this as long as the signs furnished were the proper width. Mayor Reid reported that he would appoint a committee chaired by a Councilman, with members being interested citizens, to review with the City Attorney and Staff our present Animal Control Ordinance and make recommendations to bring before the Council for consideration. Mayor Reid announced that he would also assign a committee, chaired by Councilman Bost and composed of members of different civic clubs, members of the Chamber of 36 Commerce and other interested citizens to review with the City Attorney and Staff the City's sign ordinance and their recommendations of changes would also be brought before Council for consideration. COUNCIL ACTIVITY REPORTS: Councilman Bost, Council liaison to Clean Pearland, reported that April 21 - 27 is Keep America Beautiful Week and different activities are being planned for that week. Councilman Bost, Council liaison to the Senior Citizen Group, also reported that he has been working with City Manager Wicker and Assistant City Manager Gary Jackson and other interested people on the planning of renovations to the old library building for a senior citizens center. City Manager Ron Wicker explained that the City had enlisted the services of Jack McGuff and Associates to do the drawings on the renovations which involve adding a kitchen area, changing the location of the doorway and putting in restrooms that comply with State regulations for the handicapped. The plans are now in and ready for Council review and approval to go out for bids on this project. Councilman Lentz reported that during the past week the State Highway Department has decided that all of the design work on the widening of F.M. 518 will be done by a consulting engineer, to be named within the next 45-60 days, and hopefully, by the end of the year, they will advertise for bids. Councilman Mack stated that he had one last request of the City Manager and that is to look at a traffic study on Old Alvin Road and F.M. 518 to see if something can be done to alleviate the traffic problem at that intersection. MAYOR'S ACTIVITY REPORT: (Continued) Mayor Reid reported that there is an important committee that was chaired by the now outgoing Councilman Mack, that being the Planning and Development Committee. He stated that Councilman Lentz will now chair that committee and that when Richard Tetens is officially sworn in, he will be appointed as the other Council member of the committee. DEPARTMENTAL REPORTS: None CITIZENS: None DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: ORDINANCE NO. 487, ORDINANCE CLOSING PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR PAVING AND OTHER STREET IMPROVEMENTS ON A PORTION OF LIBERTY DRIVE AND SOUTH GALVESTON STREET Ordinance No. 487 read in caption by Councilman Frauenberger. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Bost, that Ordinance No. 487 be passed and approved on second and final reading. Said Ordinance reads in caption as follows: 37 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 Lentz, Councilman Mack, Councilman Frauenberger, Council- man -Bost, and Councilman Gray Voting "No" - None Motion passed 5 to 0. MAYOR REID RECESSED REGULAR MEETING AT 8:03 P. M. MAYOR REID RECONVENED SPECIAL MEETING COMMENCED ON MARCH 18, 1985 THERE BEING NO FURTHER BUSINESS AS A RESULT OF THAT SPECIAL MEETING, MAYOR REID ADJOURNED SPECIAL MEETING COMMENCED ON MARCH 18, 1985. MAYOR REID RECONVENED REGULAR MEETING OF APRIL 8, 1985, AT 8:04 P. M. ORDINANCE NO. 488, AN ORDINANCE REPEALING SECTION 19-7 OF THE CITY CODE OF ORDINANCES SAME DEALING WITH YELLING, SHOUTING. Ordinance No. 488 read in caption by Councilman Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Lentz, that Ordinance No. 488 be passed and approved on second and final reading. 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, Councilman Mack, and Councilman Lentz. 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 Ordinance No. 490 read in caption by Councilman Lentz. (Second Reading) #„ It was moved by Councilman Lentz, seconded by Councilman Frauenberger, that Ordinance No. 490 be passed and approved on second and final reading. Said Ordinance No. 490 reads in caption as follows: 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, Council- man Mack, and Councilman Lentz Voting "No" - None Motion passed 5 to 0. NEW BUSINESS: RESOLUTION NO. R85-8, RESOLUTION AND ORDER CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE MUNICIPAL ELECTION HELD IN THE CITY OF PEARLAND, TEXAS, ON APRIL 6, 1985 Mayor Reid read into the records of the City the following Election Results, referred to as Exhibits A, B and C: ABSENTEE Total Number of Ballots: 89 Votes Cast Member of the Council, Position No. 2 Richard F. Tetens 72 John W. Scardino 16 Member of the Council, Position No. 4 Dennis M. Frauenberger 82 - REGULAR ELECTION APRIL 6, 1985 Total Number of Ballots: 932 Member of the Council, Position No. 2 Richard F. Tetens 589 John W. Scardino 281 Member of the Council, Position No. 4 Dennis M. Frauenberger 613 Total Number of Ballots: 1021 Member of the Council, Position No. 2 Richard F. Tetens 661 John W. Scardino 297 Member of the Council, Position No. 4 Dennis M. Frauenberger 695 Resolution No. R85-8 read in full by Councilman Mack. It was moved by Councilman Mack, seconded by Councilman Frauenberger, that Resolution No. R85-8 be passed and approved on the first and only reading with the following amendments: in first line of first para- graph on page 1, 6th day of April, 1985 should be struck out and 8th day of April, 1985 should be inserted in its place; in last paragraph, last line on page 1, April 6, 1985 should be struck out and April 8, 1985 should be inserted in its place. Said Resolution No. R85-8 reads as follows: RESOLUTION NO. R85-8 A RESOLUTION AND ORDER OF THE CITY COUNC2L OF THE CITY OF PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE MUNICIPAL ELECTIONS HELD IN THE CITY OF PEARLAND, TEXAS, ON APRIL 6, 1985. WHEREAS, there was held in the City of Pearland, Texas, on the 6th day of April, 1985, a Regular City Officers' Election at which the filling of the offices of City Council, Position No. Two (2) and City Council, Position No. Four (4) were submitted to a vote of the duly 39 qualified resident electors of said City; and WHEREAS, at this Regular Meeting of the City Council of the City of Pearland, on April 8, 1985, after date of said election being the first meeting of the City Council to be held since said election at which returns of said election could be considered and final results declared. NOW THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section I. That the election described was duly called and notice thereof given in accordance with law; that said election was held in the man- ner required by law; that due returns of said election have been made by the proper officers; and it appeared from said returns, duly and legally made, that there were cast at such election 1021 valid and legal votes; and that said election resulted in the following vote totals: FOR MEMBER OF THE COUNCIL POSITION NUMBER TWO NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED RICHARD F. TETENS JOHN W. SCARDINO 661 297 FOR MEMBER OF THE COUNCIL POSITION NUMBER FOUR DENNIS M. FRAUENBERGER Section II. 695 That the City Council of the City of Pearland, Texas, hereby officially and affirmatively declares that the results as shown above are the real and true results of the election held on April 6, 1985, within the City of Pearland, Texas, that the candidate elected for Member of the Council Position Number Two is declared to be Richard F. Tetens and that the candidate elected for Member of the Council Position Number Four is declared to be Dennis Frauenberger and said above parties are hereby declared duly elected to said respec- tive offices, subject to taking of their oaths and filing bond as pro- vided by the laws of the State of Texas. Section III. It is further found and determined that in accordance with the Order of this governing body, the City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall, a place convenient to the public, and said notice having been so posted and remaining posted continuously for at least 72 hours preceding the date of this meeting. A copy of the return of said posting shall be attached to the minutes of this meet- ing and shall be made a part thereof for all intents and purposes. Section IV. The following Exhibits A, B and C (Election Results) are attached hereto and made a part hereof by reference. 40 PASSED, APPROVED and ADOPTED this the 8th day of April, A. D., 1985. ATTEST: /s/ Kay Krouse City Secretary APPROVED AS TO FORM: /s/ Luke L. Daniel City Attorney CITY OF PEARLAND, TEXAS By: /s/ Tom Reid Mayor Voting "Aye" - Councilman Lentz, Councilman Mack, Councilman Frauenberger, Council- man Bost, and Councilman Gray. Voting "No" - None Motion passed 5 to 0. Mayor Reid issued Certificates of Election to Richard F. Tetens, Position No. 2 and Dennis M. Frauenberger, Position No. 4. Mayor Reid administered the Oath of Office to Richard F. Tetens and Dennis M. Frauenberger. RESOLUTION NO. R85-9, A RESOLUTION OF THANKS TO COUNCILMAN CHARLES R. MACK FOR UNSELFISH CONTRIBUTION OF HIS TIME AND TALENT IN HIS TWO TERMS ON THE COUNCIL Resolution No. R85-9 was read in full by Mayor Reid. It was moved by Councilman Lentz, seconded by Councilman Gray, that Resolution No. R85-9 be passed and approved on first and only reading. Said Resolution No. R85-9 being a Resolution of Thanks for the service and contribution to the City of Councilman Charles R. Mack. Voting "Aye" - Councilman Gray, Councilman Bost, Councilman Frauenberger, Councilman Tetens, and Councilman Lentz. Voting "No" - None Motion passed 5 to 0. Mayor Reid presented the Resolution and a plaque from the City Council to Charles R. Mack. City Manager Ron Wicker presented Mr. Mack with his Council portrait that was taken sev- eral years ago. MAYOR REID RECESSED MEETING AT 8:31 P. M. MAYOR REID RECONVENED MEETING AT 8:50 P. M. REVIEW AND POSSIBLE AWARD OF BID NO. B85-6, SANITARY LANDFILL PIT EXCAVATION City Manager Ron Wicker explained that bids were opened on the Sanitary Landfill pit excavation today. Only one bid came in and it was over $60,000 and we had $50,000 budgeted. At this point, he would like to request that the Council throw out all the bids and allow us to re -bid this item and see if we can come within our budget requirements. It was moved by Councilman Gray, seconded by Councilman Bost, that we no -bid this 41 item, Bid No. B85-6, and authorize the City Manager to go out for re -bids on it. Motion passed 5 to 0. APPROVAL OF INVOICE FROM CHRISTOPHER DI STEFANO & ASSOCIATES ARCHITECTS, INC. FOR ARCHITECTURAL SERVICES ON PUBLIC SAFETY FACILITY IN THE AMOUNT OF $13,650. City Manager Ron Wicker explained that Mr. Di Stefano has completed all the prelimi- nary work and the elevation design as approved by Council and he would recommend approval. It was moved by Councilman Lentz, seconded by Councilman Tetens, that the invoice dated March 27, 1985, Christopher Di Stefano & Associates Architects, Inc. in the amount of $13,650 for the schematic design of the Public Safety Facility be approved and payment be made out of the appropriate funds. Motion passed 5 to 0. CALL OF PUBLIC HEARING ON REQUEST BY ENTEX FOR RATE INCREASE It was moved by Councilman Bost, seconded by Councilman Gray, that a public hearing be called on the request by Entex for a rate increase for May 13, 1985. Motion passed 5 to 0. GIVING MAYOR AUTHORITY TO SIGN A LETTER TO THE EFFECT THAT BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 HAS COMPLIED WITH CITY ORDINANCE NO. 411 AND APPROVING PROPOSED BOND ORDER FORM SUBMITTED BY THE DISTRICT; AND FURTHER AUTHORIZING MAYOR TO SEND SAME TO THE DISTRICT AND TO THE ATTORNEY GENERAL OF TEXAS Ron Campana, of Philbin & Philbin, Attorneys at Law, was present to discuss this item on behalf of Brazoria County Municipal Utility District No. 2. In answer to a question posed to Mr. Campana, he stated that the Bond Application had been approved by the State and at the request of Council, he would be forwarding to the City a copy of the order by the State approving the bond application and the associated documents. City Attorney Luke Daniel stated he had reviewed the proposed Bond Order and found it to be in order and complying with our City Ordinance No. 411 and he would recommend approval. It was moved by Councilman Lentz, seconded by Councilman Frauenberger, that the Mayor be authorized to sign a letter to the effect that Brazoria County Municipal Utility District No. 2 has complied with City Ordinance No. 411 and approving pro- posed bond order form submitted by the district and authorizing Mayor to send to the District and to the Attorney General of Texas said letter. Motion passed 5 to 0. OTHER BUSINESS: City Attorney Luke Daniel explained that there were no further developments from the last meeting that needed to be discussed in Executive Session. ADJOURN: The meeting adjourned at 9:00 P. M. Minutes approved as submitted and/or corrected this the ay f A. D., 1985. Mayor ATTEST: City Se retary