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1985-08-26 CITY COUNCIL REGULAR MEETING MINUTES123 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS HELD ON AUGUST 26, 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 James E. Bost Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE Al Lentz Richard Tetens Dennis Frauenberger Terry Gray Ronald J. Wicker Luke L. Daniel Kay Krouse The invocation was given by Councilman/Mayor Pro Tem James Bost. The Pledge of Allegiance was led by Councilman Dennis Frauenberger. APPROVAL OF MINUTES It was moved by Councilman Lentz, seconded by Councilman Tetens, that the Minutes of the Regular Meeting of August 12, 1985, be approved as submitted. Motion passed 5 to 0. It was moved by Councilman Gray, seconded by Councilman Tetens, that the Minutes of the Public Hearing of August 19, 1985, be.approved as submitted. Motion passed 4 to 0. Councilman Bost abstaining. MAYOR'S ACTIVITY REPORT Mayor Reid reported that the third organizational workshop was held in Manvel last Wednesday evening for the Brazos Bend Water Authority. At this meeting, interim officers were selected. They are: Mayor Tom Reid, President; First Vice President, Jerry Wyatt, Councilman from Missouri City; and Secretary/Treasurer, Phil Rutter, Mayor of Brookside Village. They are in the process of preparing an informational brochure on this Water Authority. COUNCIL ACTIVITY REPORTS Councilman Tetens reported he attended Brazoria County Cities Association last Wednesday evening and the speaker gave a very interesting talk about grants. Councilman Bost reported the Sign Ordinance Review Committee will have a meeting this Wednesday evening in the Community Center and that progress is being made. DEPARTMENTAL REPORTS City Manager Ron Wicker reported that the new Public Safety Facility project is coming along nicely. They will be pouring grade beams this week, most of the parking areas have been poured, and the access drive from Walnut Street will be poured shortly. On the project being done by Ike Hall, Inc. on Old Alvin Road, they are doing everything possible to achieve completion before school starts next week. Mr. Bill Miller of Dansby and Miller, architect for the new City Hall, presented several sketches for Council's review. One was a floor plan arrangement. The first floor will have customer service departments on one side of the building with Council Chambers on the other. The chambers will seat about 137 people. The second floor will have Public Works Department on one side and City Secretary, Personnel and Civil 124 Service Departments on the other. The third floor will have City Manager, Legal and Financial Departments on one side and the other side will remain unfinished until future expansion. Mr. Miller explained the arrangements on each of the three floors and answered questions from the Council. Mr. Miller said the estimated cost would be $1,800,000 which includes the parking, site work and building. City Attorney Luke Daniel reported that he is receiving at least 500 pages of new legislation a week and hopefully by the middle of September his office will have all the laws that went into effect either August 26 or September 1 of this year. CITIZENS: None DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 246-108, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 146, HECTOR DIAZ-CRODA, AGENT FOR DIAZ-MONTERO IMPORTS, INC., OWNER Ordinance No. 246-108 read in caption by Councilman Bost. (Second Reading) It was moved by Councilman Bost, seconded by Councilman Frauenberger, that Ordinance No. 246-108 be passed and approved on the second and final reading. Said Ordinance No. 246-108 reads in caption as follows: ORDINANCE NO. 246-108 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman Tetens and Councilman Lentz. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 496, AN ORDINANCE AUTHORIZING THE JUDGE OF THE MUNICIPAL COURT TO IMPOSE CERTAIN EXPENSES FOR THE ISSUANCE AND SERVICE OF ARREST WARRANTS Ordinance No. 496 read in caption by Councilman Tetens. (Second Reading) It was moved by Councilman Tetens, seconded by Councilman Bost, that Ordinance No. 496 be passed and approved on the second and final reading. Said Ordinance No. 496 reads in caption as follows: ORDINANCE NO. 496 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE JUDGE OF THE MUNICIPAL COURT TO IMPOSE CERTAIN EXPENSES FOR THE ISSUANCE AND SERVICE OF ARREST WARRANTS AND MAKING OTHER PROVISIONS RELATED THERETO. Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman Frauenberger and Councilman Gray. Voting "No" - None Motion passed 5 to 0. NEW BUSINESS AUTHORIZATION TO BID GROUP HOSPITAL INSURANCE City Manager Ron Wicker explained that it is time again to bid our group hospital 125 insurance and we are requesting authorization to go out for bids for another three years. It was moved by Councilman Frauenberger, seconded by Councilman Bost, that the City Manager and Staff be authorized to bid the Group Hospital Insurance. Motion passed 5 to 0. RESOLUTION NO. R85-19, A RESOLUTION DETERMINING CHARGES FOR THE USE AND SERVICE OF SEWAGE SYSTEM IN CITY OF PEARLAND Resolution No. R85-19 read in full by City Attorney Luke Daniel. City Attorney Daniel inserted a change on page 2, at the beginning of the first line under Item No. 7, add "Each unit of a", leave in multi -unit; change "projects" to "project", take out the word "in"; leave in the word "which"; take out the words "each unit" and leave in the remainder to read as. follows: "Each unit of a multi -unit project which is separately metered will". It was moved by Councilman Frauenberger, seconded by Councilman Tetens, that Resolution No. R85-19, as amended, be passed and approved on first and only reading. Said Resolution No. R85-19 reads in caption as follows: RESOLUTION NO. R85-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING CHARGES FOR THE USE AND SERVICE OF THE SEWAGE SYSTEM OF THE CITY OF PEARLAND, TEXAS, AS PROVIDED IN CHAPTER 30, ARTICLE II, SECTION 30-38 OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman Tetens, and Councilman Lentz. Voting "No" - None Motion passed 5 to 0. RESOLUTION NO. R85-20, A RESOLUTION DETERMINING CHARGES FOR WATER SERVICE FURNISHED BY THE CITY OF PEARLAND Resolution No. R85-20 read in full by Councilman Lentz. It was moved by Councilman Lentz, seconded by Councilman Bost, that Resolution No. R85-20 be passed and approved on first and only reading. Said Resolution No. R85-20 reads in caption as follows: RESOLUTION NO. R85-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING CHARGES FOR WATER SERVICE FURNISHED BY THE CITY, AS PROVIDED IN CHAPTER 30, ARTICLE II, SECTION 30-38 OF THE CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman Frauenberger, and Councilman Gray. Voting "No" - None Motion passed 5 to 0. BID NO. B85-17, UTILITY TRACTOR WITH REACH MOWER The following bids were reviewed by Council: VENDOR 14AKE (TRACTOR) MAKE (MOWER) TOTAL BID DELIVERY DATE LANDSDOWNE-MOODY COMPANY, INC. (OPTIONAL UNIT) FORD 6610 -TK $14,868.00 FORD 5610 -TK $13,664.00 $13,020.00 $13,020.00 $27,888.00 10-120 days $26,684.00 10-120 days ALVIN EQUIPMENT INTERNATIONAL COMPANY, INC. HARVESTER $13,431.73 $14,415.63 $27,847.36 90 days Assistant City Manager Gary Jackson said there were two close bids for this tractor and reach mower, to be used in the Street Department, and he is recommending the low bidder, meeting specifications, Alvin Equipment Company. It was moved by Councilman Bost, seconded by Councilman Lentz, that Bid No. B85-17, Utility Tractor with Reach Mower, be awarded to Alvin Equipment Company, Inc. in the amount of $27,847.36 and payment be made from appropriate funds. Motion passed 5 to 0. City Attorney Luke Daniel explained that the next four ordinances for Council's consideration tonight are products of recent state legislation which allows cities to pass ordinances whereby violations to the city code of ordinances in certain areas can carry a fine of up to $1000. These areas relate to sanitation, public health, fire prevention, litter, rubbish, trash and garbage. City Attorney Daniel stated that this constitutes the first time in the State of Texas that a Class C misdemeanor has ever carried with it a punishment of over a $200 fine and he is recommending approval of these four ordinances. ORDINANCE NO. 499, AN ORDINANCE AMENDING SECTION 1-11 OF THE CITY CODE OF ORDINANCES CHANGING GENERAL PENALTY FOR VIOLATION OF CODE TO MAXIMUM $1000 FINE ON HEALTH, SANITATION AND FIRE SAFETY PROVISIONS Ordinance No. 499 read in caption by Councilman Gray. (First Reading) It was moved by Councilman Gray, seconded by Councilman Frauenberger, that Ordinance No. 499 be passed and approved on the first of two readings. Said Ordinance No. 499 reads in caption as follows: ORDINANCE NO. 499 AN ORDINANCE AMENDING SECTION 1-11 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, TO PROVIDE FOR A GENERAL PEN- ALTY NOT TO EXCEED $1,000.00 FOR VIOLATION OF ANY OF THE PRO- VISIONS OF CHAPTERS 6 (ANIMALS AND FOWL), 10 (FIRE PREVENTION AND PROTECTION), 11 (FOOD AND FOOD HANDLERS), 13 (HEALTH AND SANITATION), AND 16 (MASSAGE ESTABLISHMENTS) OF THE CITY CODE OF ORDINANCES FOR WHICH NO SPECIFIC PENAL'T'Y IS PROVIDED; HAV- ING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman _ Tetens, and Councilman Lentz. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 441-1, AN ORDINANCE AMENDING SECTION 10-116(b) OF CITY CODE OF ORDINANCES PROVIDING FOR A MAXIMUM FINE OF $1000 FOR FIRE LANES VIOLATIONS Ordinance No. 441-1 read in caption by Councilman Frauenberger. (First Reading) 127 It was moved by Councilman Frauenberger, seconded by Councilman Lentz, that Ordinance No. 441-1 be passed and approved on the first of two readings. Said Ordinance No. 441-1 reads in caption as follows: ORDINANCE NO. 441-1 AN ORDINANCE AMENDING SECTION 10-116(b) OF THE -CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, TO PROVIDE FOR A $25.00 TO $1,000.00 PENALTY FOR VIOLATION OF ARTICLE VI OF CHAPTER 10 OF THE CODE OF ORDINANCES; HAVING A SAVINGS CLAUSE; LAVING A REPEALER CLAUSE, PRO- VIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman Frauenberger, and Councilman Gray. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 238-1, AN ORDINANCE AMENDING SECTION 10-67 OF THE CITY CODE OF ORDINANCES PROVIDING FOR MAXIMUM $1000 FINE FOR VIOLATIONS OF CITY FIREWORKS ORDINANCE Ordinance No. 238-1 read in caption by Councilman Bost. (First Reading) It was moved by Councilman Bost, seconded by Councilman Tetens, that Ordinance No. 238-1 be passed and approved on the first of two readings. Said Ordinance No. 238-1 reads in caption as follows: ORDINANCE NO. 238-1 AN ORDINANCE AMENDING SECTION 10-67 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, TO PROVIDE FOR A $25.00 TO $1,000.00 PENALTY FOR VIOLATION OF DIVISION 3 OF ARTICLE III OF CHAPTER 10 OF THE CODE OF ORDINANCES; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman Tetens, and Councilman Lentz. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 181-2, AN ORDINANCE,ANENDING SECTION 12-6 OF THE CITY CODE OF ORDINANCES CHANGING THE PENALTY TO MAXIMUM OF $1000 FINE FOR VIOLATION OF CHAPTER 12, GARBAGE AND TRASH Ordinance No. 181-2 read in caption by Councilman Tetens. (First Reading) It was moved by Councilman Tetens, seconded by Councilman Bost, that Ordinance No. 181-2 be passed and approved on the first of two readings. Said Ordinance No. 181-2 reads in caption as follows: ORDINANCE NO. 181-2 AN ORDINANCE AMENDING SECTION 12-6 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, TO PROVIDE A $25.00 TO $1,000.00 PENALTY FOR VIOLATION OF CHAPTER 12 OF THE CODE OF ORDINANCES; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman Tetens, and Councilman Lentz. Voting "No" - None Motion passed 5 to 0. APPROVAL OF INVOICES (a) ESTIMATE NO. 3, MAINLAND CONSTRUCTION, F.M. 518 DRAINAGE CROSSING, IN THE AMOUNT OF $51,512.10. It was moved by Councilman Lentz, seconded by Councilman Bost, that Progress Estimate No. 3 from Mainland Construction Company for the construction of the FM 518 drainage crossing, Project No. 85-5, in the amount of $51,512.10 be passed and approved and that payment be made out of the appropriate fund. Motion passed 5 to 0. (b) ESTIMATE NO. 1, IKE HALL, INC., 1985 STREET MAINTENANCE PROGRAM, IN THE AMOUNT OF $17,393.47. It was moved by Councilman Lentz, seconded by Councilman Tetens, that Estimate No. 1, Ike Hall, Inc., for the 1985 Street Rehabilitation Program, Project No. 85-14, in the amount of $17,393.47 be passed and approved and that payment be made out of the appropriate funds. Motion passed 5 to 0. (c) ESTIMATE NO. 1, REBEL CONTRACTORS, INC., SANITARY LANDFILL PIT EXCAVATION AND LINING, IN THE AMOUNT OF $25,650.00. It was moved by Councilman Lentz, seconded by Councilman Bost, that Estimate No. 1 from Rebel Contractors, Sanitary Landfill Pit Excavation and Lining, Project No. 85-8, in the amount of $25,650.00 be passed and approved and that payment be made out of the appropriate funds. Motion passed 5 to 0. ORDINANCE NO. 497, ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1985. ORDINANCE NO. 498, ORDINANCE LEVYING TAXES AND PROVIDING FOR INTEREST AND SINKING FUND The above two items will be considered at a later meeting after the official tax roll is received from the Brazoria County Appraisal District. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:45 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: (1) Article 1269m V.A.T.C.S. and (2) Article 5160(b) V.A.T.C.S. MEETING RETURNED TO OPEN SESSION AT 9:20 P. M. - No action taken. The meeting adjourned at 9:20 P. M. Minutes approved as submitted and/or corrected this da/ytf A. D., 1985. Mayor ATTEST: City Se retary