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1985-10-14 CITY COUNCIL REGULAR MEETING MINUTES144 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARTAND, TEXAS, HELD ON OCTOBER 14, 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 James Bost 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 David Smith, President of the Pearland EMS. APPROVAL OF MINUTES It was moved by Councilman Bost, seconded by Councilman Tetens, that the Minutes of the Regular Meeting of September 23, 1985 be approved as submitted. Motion passed 4 to 0. Councilman Lentz abstained. It was moved by Councilman Lentz, seconded by Councilman Bost, that the Minutes of the Special Meeting of October 7, 1985 be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid read a proclamation proclaiming the month of October as Car Care Month in Pearland. Mayor Reid explained that this proclamation was issued on behalf of the American Lung Association and would be sent to their local office in Houston. Mayor Reid introduced Mrs. Bernadene Robertson, 1802 Cripple Creek, Pearland, who had asked to speak to the Council. Mrs. Robertson spoke about periodic problems with her water bills. She presented a graph that went back to 1982 which shows, she said, the inconsistencies of her water bills. She questioned the water usage she was being billed for her size family. City Manager Ron Wicker stated he had spoken with Mrs. Robertson by phone concerning her water bill. For Council's review there was a computer printout of Mrs. Robertson's water consumption for the last several months. Her meter has been changed out, Mr. Wicker explained, and if within the next several months there are indications that our meter was wrong, we can go back and make some adjustments. COUNCIL ACTIVITY REPORTS Councilman Lentz reported that the Planning and Development Committee met after the special council meeting on October 7 and reviewed various comments about the proposed revisions to the zoning ordinance. Most of the problems were resolved and the Committee anticipates the calling of a "summary" hearing around the end of November on the proposed zoning map and ordinance revisions and then, hopefully, the new zoning ordinance can be passed before the end of the year. DEPARTMENTAL REPORTS City Manager Ron Wicker recognized from the audience some Customer Service personnel: Paulette Mire, Supervisor, Laura Baca and Becky Skipper. The Water billing 145 department has received a large number of calls from citizens regarding the water bills since the new rates have gone into effect. Mr. Wicker stated that these personnel deserve quite a bit of credit because within the last week they -have had their share of complaints and have done an outstanding job in dealing with the customers. City Manager Wicker reported there is quite a bit of activity going on with the expansion of our sewage treatment plants; everything seems to be going along smoothly. At the new public safety facility, the steel has been erected; they are finishing the driveway approaches around the building so if it does rain a lot they can still get in to do the work necessary to complete the facility. Concerning the paving projects, the following progess has been made: Dixie Farm Road has been resurfaced from Westfield Lane south to the city limit line; McLean Road has been resurfaced from Mary's Creek bridge to F.M. 518 and the contractor is now working on the Service Center parking lot. In answer to a question concerning the new water and sewer rates, Mr. Wicker stated that the water rates had been the same since 1981 and this year they went up approximately 20% in order to bring it in line with the cost of producing the water. The primary reason for the sewer rate increase is that within the last three months the City of Pearland has been placed under a compliance order by the Texas Department of Water Resources, meaning that the quality of the discharge effluent from our plants must comply with State standards. About next August, the State will inspect our plants, and if we are not in compliance, they can fine us on a daily basis. We are currently in the process of expanding our plants and making corrections to our systems and this means we have had to increase our employees at the plants from four, of two years ago, to, 12 employees today. This is the reason for the need of almost a 40% increase in sewer rates. Assistant City Manager Gary Jackson announced that Barry Rose Park is being- closed permanently because of the expansion of the Barry Rose Sewage Treatment Plant. Signs will be put up stating that the road leading to the old park is no longer open to the �--- public. CITIZENS 1. Elmer Morrison, 5309 Woodville, Pearland. Mr. Morrison was not present at the meeting. 2. Richard Tyson, 101 West Sealy, Alvin, Texas. Mr. Tyson appeared before the Council with a request that. the Council consider placing the S. H. 35 Freeway location on the official maps of the City of Pearland and not just on the planning maps. This will allow property owners and the general public to be informed about proposed right-of-way locations and will also help end the confusion about where the City of Pearland wants the proposed Freeway located, he stated. Mr. Tyson was advised that he would be kept informed on any decisions made about this item. Mayor Reid recognized Mrs. Frankie Smith from the audience. Mrs. Smith is one of 18 people from across the state, appointed by the Governor to serve on the Texas Emergency Medical Services Advisory Council. CHANGE IN THE ORDER OF BUSINESS NEW BUSINESS RATIFICATION OF CITY MANAGER APPOINTMENT OF EMERGENCY MEDICAL SERVICE DIRECTOR City Manager Ron Wicker explained that in Chapter 9-1/2 of the City Code of Ordinances there is a provision for the City Manager to appoint, with the approval of Council, an Emergency Medical Service Director. The person serving as director in the past has always been the person who is elected from the ranks. We anticipate hiring a clerical person for the EMS department who would keep records and such and we feel the need for the City Manager to appoint a Director to control and supervise the operation of this department. Mr. Wicker stated that at this time, he, as City Manager, would like to appoint this elected director as the official Emergency Medical Service Director and is recommending to City Council ratification of his appointment of David Smith. 149 It was moved by Councilman Gray, seconded by Councilman Bost, that the City Manager's appointment of David Smith as Emergency Medical Service Director be ratified by City Council. Motion passed 5 to 0. Mayor Reid administered the oath of office to David Smith. Mayor Reid recognized Mr. Vic Nolen, Chairman of the Zoning Board of Adjustments, from the audience. DOCKETED PUBLIC HEARING 1. PURPOSE OF THE HEARING: Regarding issuance of industrial development revenue bonds in the approximate maximum aggregate face amount of $1,000,000 to be issued by the Pearland Industrial Development Corporation to finance a project for Pearland Mini -Storage, a Texas joint venture. The sole venture partners of Pearland Mini -Storage are James A. Banfield and Ronald Hausman. The Project, which is located at 1517 North Main, Pearland, Brazoria County, Texas, 77581, consists of the acquisition of approximately 2.6 acres of land and the construction thereon of a 48,163 square foot 594 unit self -storage warehouse complex, along with the acquisition of various items of equipment, machinery, furnishings and fixtures which are functionally related and subordinate to the foregoing. The initial owner and operator of the Project will be Pearland Mini -Storage. The initial manager of the Project will be Banfield Properties, Inc., a Texas corporation. COMMENTS FROM THE PUBLIC: There were no comments from the people in the audience. Dennis Frauenberger, President of the Pearland Industrial Development Corporation, explained the Corporation held its public hearing on October 8, 1985, at 5:00 P. M. at the Chamber of Commerce building. Three members of the Board were present: Milan Saunders and Zolton Olah were absent. The resolution authorizing the bonds was passed with 3 ayes and 0 noes. A report of the public hearing and a certified copy of the resolution recommending these bonds be issued, marked Exhibit "A," has been submitted to City Council. It was moved by Councilman Lentz, seconded by Councilman Bost, that Exhibit "A" consisting of a Certificate for the Resolution and the Resolution authorizing Pear - land Industrial Development Corporation Industrial Development Revenue Bonds, Series 1985 (Pearland Mini -Storage Project); a Loan Agreement; a Trust Indenture; and Other Documents and Matters in Connection Therewith, be entered into the official records of the City. Motion passed 5 to 0. PUBLIC HEARING WAS ADJOURNED. A COMPLETE TAPE OF THE HEARING IS ON FILE IN THE OFFICE OF THE CITY SECRETARY. NEW BUSINESS RESOLUTION NO. R85-24, A RESOLUTION APPROVING RESOLUTION AUTHORIZING PEARLAND INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1985 (PEARLAND MINI -STORAGE PROJECT); A LOAN AGREEMENT; A TRUST INDENTURE; AND OTHER DOCUMENTS AND MATTERS IN CONNECTION THEREWITH. Resolution No. R85-24 read in full by Councilman Frauenberger and Councilman Gray. It was moved by Councilman Frauenberger, seconded by Councilman Gray, that the Certificate For Resolution and Resolution No. R85-24, Resolution Approving Resolution Authorizing Pearland Industrial Development Corporation Industrial Development Revenue Bonds, Series 1985 (Pearland Mini -Storage Project); a Loan Agreement; a Trust Indenture; and Other Documents and Matters in Connection Therewith be passed and approved on the first and only reading. Said Resolution No. R85-24 reads in caption as follows: 147 RESOLUTION NO. R85-24 RESOLUTION APPROVING RESOLUTION AUTHORIZING PEARLAND INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVEL- OPMENT REVENUE BONDS, SERIES 1985 (PEARLAND MINI - STORAGE PROJECT); A LOAN AGREEMENT; A TRUST INDEN- TURE; AND OTHER DOCUMENTS AND MATTERS IN CONNECTION THEREWITH. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman Tetens, and Councilman Lentz. Voting "No" - None. Motion passed 5 to 0. UNFINISHED BUSINESS ORDINANCE NO. 497, AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1985. City Manager Ron Wicker explained that we have finally received our certified tax rolls from the Brazoria County Central Appraisal District. Based on an estimated tax roll, we originally proposed approximately a 55 cent tax rate to balance the budget. Because of the protested property values, the new tax roll's values have decreased significantly and now we must have a tax rate of 60 cents to balance the budget. Tax Assessor/Collector Barbara Lenamon presented the Certification of the 1985 Appraisal Roll which reads as follows: BRAZORIA COUNTY APPRAISAL DISTRICT STATE OF TEXAS BRAZORIA COUNTY CERTIFICATION OF THE 1985 APPRAISAL ROLL FOR PEARLAND In compliance with Section 26.01 of the State Property Tax Laws, "submission of rolls to taxing units," notice is hereby given to wit: The Brazoria County Appraisal Review Board, meeting on October 3, 1985, duly approved the 1985 Appraisal Rolls for your entity -for certification as follows: TAXABLE VALUE FOR 1985 APPRAISAL ROLL REAL PROPERTY $ 458,957,870 - PERSONAL PROPERTY 81,387,450 MINERAL PROPERTY -49,040 TOTAL TAXABLE PROPERTY $ 540,394,360 ESTIMATED TAXABLE VALUE FOR THE 1985 SUPPLEMENTAL ROLL (Properties Still Under Protest) CAD APPRAISED VALUE *VALUE CLAIMED BY OWNER REAL $ 54,268,430 $ 34,528,530 PERSONAL 4,838,720 3,157,510 MINERALS 0 0 TOTAL $ 59,107,150 $ 37,686,040 SUMMARY: Taxable value for 1985 Appraisal Roll $ 540,394,360 *Estimated Taxable Value for 1985 Supplemental Roll 37,686,040 Net Taxable Value $ 578,080,400 I, J. R. Gayle, Jr., Chief Appraiser for the Brazoria County Appraisal District, do hereby certify the correctness of the rolls as approved by the Appraisal Review Board's action. /s/ J. R. Gayle, Jr., Chief Appraiser October 3, 1985 Tax Assessor/Col lector Barbara Lenamon presented, for Council's review, the Notice of Calculation of Effective Tax Rate, Estimated Unencumbered Fund Balances, and Debt Schedule which she had published in the official City newspaper last Friday. Ordinance No. 497 read in caption by Councilman Bost. (First Reading) It was moved by Councilman Bost, seconded by Councilman Tetens, that Ordinance No. 497 be passed and approved on the first of two readings. Said Ordinance No. 497 reads in caption as follows: ORDINANCE NO. 497 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1985, AND ENDING SEPTEMBER 30, 1986. Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman Frauenberger, and Councilman Gray. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 498, AN ORDINANCE LEVYING TAXES AND PROVIDING FOR INTEREST AND SINKING FUND Ordinance No. 498 read in caption by Councilman Tetens. (First Reading) It was moved by Councilman Tetens, seconded by Councilman Lentz, that Ordinance No. 498 be passed and approved on the first of two readings. Said Ordinance No. 498 reads in caption as follows: 149 ORDINANCE NO. 498 AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1985 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman Tetens, and Councilman Lentz. Voting "No" - None. _ Motion passed 5 to 0. ORDINANCE NO. 500, AN ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR ENTITLEMENT PERIOD OCTOBER 1, 1985 - SEPTEMBER 30, 1986 Ordinance No. 500 read in caption by Councilman Lentz. (First Reading) It was moved by Councilman Lentz, seconded by Councilman Bost, that Ordinance No. 500 be passed and approved on the first of two readings. Said Ordinance No. 500 reads in caption as follows: ORDINANCE NO. 500 AN APPROPRIATION ORDINANCE ADOPTING A REVENUE SHARING BUDGET FOR THE ENTITLEMENT PERIOD NO. 17 BEGINNING OCTOBER 1, 1985 AND ENDING SEPTEMBER 30, 1986. Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman Frauenberger, and Councilman Gray. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS (Continued) RESOLUTION NO. R85-25, A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN INTERLOCAL AGREEMENT WITH HOUSTON-GALVESTON AREA COUNCIL FOR PURCHASE OF POLICE VEHICLES Assistant City Manager Gary Jackson explained that we are again recommending entering into a cooperative purchasing agreement with H -GAC to purchase four patrol cars, one car for the Captain and one for the Chief which will be at significant savings. Total cost for the six cars will be, including administrative cost, $66,260.16. Resolution No. R85-25 read in full by Councilman Gray. It was moved by Councilman Gray, seconded by Councilman Frauenberger, that Resolution No. R85-25 be passed and approved on the first and only reading. Said Resolution No. R85-25 reads in caption as follows: RESOLUTION NO. R85-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXE- CUTE AN INTERLOCAL AGREEMENT WITH HOUSTON- GALVESTON AREA COUNCIL FOR PURCHASE OF POLICE VEHICLES. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman Tetens, and Councilman Lentz. Voting "No" - None. Motion passed 5 to 0. 1 1, n ORDINANCE NO. 503, AN ORDINANCE PROHIBITING THE PARKING OF ANY VEHICLE, TRAILER OR COMBINATION THEREOF WHICH EXCEEDS TWENTY-FIVE FEET IN LENGTH UPON ANY STREET, ALLEY OR PUBLIC WAY City Attorney Luke Daniel explained that this ordinance was a product of about four months of discussion between the Police Chief, City Manager and himself concerning the need to prohibit the parking of a lengthy vehicle on City streets. These lengthy vehicles, especially those parked in subdivisions, create a real traffic hazard. Ordinance No. 503 read in caption by Councilman Frauenberger. (First Reading) It was moved by Councilman Frauenberger, seconded by Councilman Bost, that Ordinance No. 503 be passed and approved on the first of two readings. Said Ordinance No. 503 reads in caption as follows: ORDINANCE NO. 503 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROHIBITING THE PARKING OF ANY VEHICLE, TRAILER OR COMBINATION THEREOF WHICH EXCEEDS TWENTY-FIVE FEET IN LENGTH UPON ANY STREET, ALLEY OR PUBLIC WAY; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; HAVING 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. REQUEST BY ROLAND L. BOMBERGER OF SEIS PROS, HOUSTON, TEXAS, FOR PERMIT TO CONDUCT SEISMOGRAPH TEST THROUGH CITY OF PEARLAND Mr. Bomberger was not present at the meeting. This item was passed to a future agenda. RESOLUTION NO. R85-23, A RESOLUTION SUPPORTING ADOPTION OF THE NEW TEXAS WATER PLAN AT THE NOVEMBER 5, 1985 CONSTITUTIONAL AMENDMENTS ELECTION Resolution No. R85-23 read in full by Councilman Bost. It was moved by Councilman Bost, seconded by Councilman Tetens, that Resolution No. R85-23 be passed and approved on the first and only reading. Said Resolution No. R85-23 reads in caption as follows: RESOLUTION NO. R85-23 A RESOLUTION SUPPORTING ADOPTION OF THE NEW TEXAS WATER PLAN AT THE NOVEMBER 5, 1985 CONSTITUTIONAL AMENDMENTS ELECTION. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman Tetens, and Councilman Lentz. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 246-109, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 148, THOMAS G. RIVES, AGENT FOR FAITH BAPTIST CHURCH Ordinance No. 246-109 read in caption by.Councilman Tetens. (First Reading) It was moved by Councilman Tetens, seconded by Councilman Bost, that Ordinance No. 246-109 be passed and approved on the first of two readings. Said Ordinance No. 246- 109 reads in caption as follows: 151 ORDINANCE NO. 246-109 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 CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. _ Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman Frauenberger, and Councilman Gray. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 502, AN ORDINANCE AUTHORIZING UPDATED SERVICE CREDITS FOR CITY EMPLOYEES Ordinance No. 502 read in caption by City Attorney Luke Daniel. (First Reading) City Manager Ron Wicker explained that the Staff is not recommending any changes in the proposed pl..an. Contributions by the City this year will decrease from the present rate of $5.13 to $4.86 and he would recommend approval of this ordinance. It was moved by Councilman Frauenberger, seconded by Councilman Lentz, that Ordinance No. 502 be passed and approved on the first of two readings. Said Ordinance No. 502 reads in caption as follows: ORDINANCE NO. 502 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UP- DATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF PEAR - LAND; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman Tetens, and Councilman Lentz. Voting "No" - None. Motion passed 5 to 0. EXCUSED ABSENCE FOR COUNCILMAN LENTZ FROM REGULAR MEETING HELD ON SEPTEMBER 23, 1985 It was moved by Councilman Gray, seconded by Councilman Bost, that the absence of Councilman Lentz from the regular meeting held on September 23, 1985 be excused. Motion passed 4 to 0. Councilman Lentz abstained. APPROVAL OF THE FOLLOWING INVOICES (a) It was moved by Councilman Lentz, seconded by Councilman Bost, that Invoice No. 9365 from Dansby & Miller for the new City Administration Building in the amount of $21,600.00 be passed and approved and payment be made out of the appropriate fund. Motion passed 5 to 0. (b) It was moved by Councilman Lentz, seconded by Councilman Tetens, that invoice datedSeptember 19, 1985 from Walsh Engineering, Inc. for professional services rendered in the design and construction of drainage improvements in Sherwood Sections I & II, Westminister and Nottingham Subdivisions, in the amount of $7,499.13 be passed and approved and payment be made out of the appropriate fund. Motion passed 5 to 0. 152 OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:14 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., (2) Luther W. Moore vs United Parcel Service, et al., and (3) Figueroa vs City of Pearland. - SUBSECTION (g) PERSONNEL - (1) Appointment of Member to Zoning Board of Adjustment and (2) Employee Disciplinary Action. MEETING RETURNED TO OPEN SESSION AT 10:05 P. M. - NO ACTION TAKEN "WN4i1d, The meeting adjourned at 10:05 P. M. Minutes approved as submitted and/or corrected this11)�_ day of A. D., 1985. Mayor ATTEST: City S retary