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1985-10-28 CITY COUNCIL REGULAR MEETING MINUTES153 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,HELD ON OCTOBER 28, 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 Terry Gray Dennis Frauenberger Richard Tetens Al Lentz 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 City Secretary Kay Krouse. APPROVAL OF MINUTES It was moved by Councilman Frauenberger, seconded by Councilman Bost, that the Minutes of the Regular Meeting of October 14, 1985 be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid reported that before the meeting tonight he issued a proclamation to five Campfire girls, proclaiming the month of November as Campfire Candy Drive Month in Pearland. The girls, in turn, presented the Mayor with a box of Campfire candy. Mayor Reid read a proclamation proclaiming October 31, 1985 as Greet and Treat Day in Pearland and encouraged the youth in Pearland to participate in organized parties at churches, schools and the like to celebrate Halloween. Mayor Reid recognized from the audience a student from the Government Class at San Jacinto Junior College. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS City Attorney Luke Daniel reported they will be ready to proceed with the final meeting of the Sign Ordinance Review Committee next week. CITIZENS 1. Benny J. Frank, 2212 Willow, Pearland. Benny J. Frank appeared before Council with a request that Council consider changing the wording in Ordinance No. 503 to cover only commercial vehicles or have a provi- sion for overnight parking. Ordinance No. 503 prohibits parking on City streets any vehicle, trailer or combination thereof which exceeds 25 feet in length. He explained that he and other members of the Bass Club usually park their trucks and fishing boats in front of their houses overnight when leaving early the next morning on a fishing trip and since most of the fishing rigs were in excess of 25 feet, they would be in violation of the ordinance. DOCKETED PUBLIC HEARINGS: None 1N4 UNFINISHED BUSINESS 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 Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Frauenberger, that Ordinance No. 246-109 be passed and approved on second and final reading. Said Ordinance No. 246-109 reads in caption as follows: 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 Gray, Councilman Frauenberger, Councilman Bost, Councilman Tetens, and Councilman Lentz. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 497, AN ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1985 Ordinance No. 497 read in caption by Councilman Frauenberger. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Bost, that Ordinance No. 497 be passed and approved on the second and final reading. 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 FOND Ordinance No. 498 read in caption by Councilman Bost. (Second Reading) It was moved by Councilman Bost, seconded by Councilman Tetens, that Ordinance No. 498 be passed and approved on second and final reading. Said Ordinance No. 498 reads in caption as follows: 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. 155 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 Tetens. (Second Reading) It was moved by Councilman Tetens, seconded by Councilman Bost, that_ Ordinance No. 500 be passed and approved on second and final reading. 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. ORDINANCE NO. 502, AN ORDINANCE AUTHORIZING UPDATED SERVICE CREDITS FOR CITY EMPLOYEES Ordinance No. 502 read in caption by Councilman Lentz. (Second Reading) It was moved by Councilman Lentz, seconded by Councilman Tetens, that Ordinance No. 502 be passed and approved on second and final reading. 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. ORDINANCE NO. 503, AN ORDINANCE PROHIBITING THE PARKING OF ANY VEHICLE, TRAILER OR r-- COMBINATION THEREOF WHICH EXCEEDS TWENTY-FIVE FEET IN LENGTH UPON ANY STREET, ALLEY OR PUBLIC WAY City Manager Ron Wicker explained that the staff had been trying for at least five years to get some sort of parking criteria to control parking on public streets. A current ordinance allows parking on public streets up to 48 hours. Most of the citizens' complaints concern parking of 18 -wheelers in subdivisions. In order to control the parking, he continued, we used wording from other cities' ordinances and came up with setting the length at 25 feet. We are not proposing to penalize the average citizen but we are trying to correct problems that exist throughout the community. City Attorney Luke Daniel stated that it would be discriminatory to prohibit only 156 commercial vehicles. We are trying to accomplish with this ordinance the protection of public health, safety and welfare, he said. Police Chief Glenn Stanford stated that we have problems around the City that we would like to regulate and he believes this ordinance would do that. There was a general discussion among the Council concerning the addition of height and width requirements to the parking of vehicles and also the fact that provisions for overnight parking might be hard to regulate. They believed that the original intent of this ordinance was to prohibit parking of long vehicles for a great length of time which cause traffic hazards in the subdivisions. Ordinance No. 503 read in caption by Councilman Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Bost, that Ordinance No. 503 be passed and approved on second and final reading. 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 RE- PEALER 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. NEW BUSINESS RESOLUTION NO. R85-26, A RESOLUTION CHANGING THE FIRST REGULAR MEETING DATE IN NOVEMBER, 1985, DUE TO VETERANS DAY HOLIDAY Resolution No. R85-26 read in full by Councilman Frauenberger. Said Resolution changes the first regular meeting date in November, 1985 from Monday, November 11 to Tuesday, November 12 due to Veterans Day Holiday. It was moved by Councilman Frauenberger, seconded by Councilman Gray, that Resolution No. R85-26 be passed and approved on the first and only reading. Said Resolution No. R85-26 reads in caption as follows: RESOLUTION NO. R65-26 A RESOLUTION CHANGING THE FIRST REGULAR MEETING DATE IN NOVEMBER, 1985, DUE TO VETERANS DAY HOLIDAY. Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman Frauenberger, and Councilman Gray. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R85-27, RESOLUTION RATIFYING INDUCEMENT RESOLUTION PASSED AND APPROVED BY THE PEARLAND HEALTH FACILITIES DEVELOPMENT CORPORATION Councilman Frauenberger explained that on October 22, 1985, the Pearland Health Facilities Development Corporation met and passed the inducement resolution authoriz- ing the issuance of general revenue bonds for the construction of Pearland General Hospital. A certificate for the resolution and a resolution concerning the issuance of bonds, marked Exhibit "A" has been submitted to City Council. It was moved by Councilman Frauenberger, seconded by Councilman Lentz, that Exhibit "A" consisting of a Certificate for the Resolution and the Resolution Concerning Issuance of Bonds to Finance a Project for Pearland General Hospital Group, Inc. be entered into the official records of the City. Motion passed 5 to 0. Resolution No. R85-27 read in full by Councilman Gray. It was moved by Councilman Frauenberger, seconded by Councilman Tetens, that Resolution No. R85-27 be passed and approved on the first and only reading. Said Resolution No. R85-27 reads in caption as follows: RESOLUTION NO. RBS -27 RESOLUTION APPROVING RESOLUTION OF PEARLAND HEALTH FACILITIES . DEVELOPMENT CORPORATION CONCERNING ISSUANCE OF BONDS TO FINANCE A PROJECT FOR PEARLAND GENERAL HOSPITAL GROUP, INC., A TEXAS CORPORATION. Voting "Aye" - Councilman Gray, Councilman Frauenbergez, Councilman Bost, Councilman Tetens, and Councilman Lentz. Voting "No" - None. Motion passed 5 to 0. Mayor Reid commended the Pearland General Hospital Group for their proposed project, saying it will bring a "much needed" facility to Pearland. APPROVAL OF HOUSTON LIGHTING AND POWER CONPANY UTILITY EASEMENT AND AUTHORIZATION FOR !MAYOR TO SIGN SANTE City Manager Ron Wicker explained that we need this easement so we can proceed with the electrical service for the expansion of the Longwood sewage treatment plant. It was moved by Councilman Lentz, seconded by Councilman Bost, that, based on staff recommendation, Council approve the easement submitted by Houston Lighting and Power Company and the Mayor be authorized to sign this easement and it be noted this is a HL&P easement and not a utility easement. Motion passed 5 to 0. BID NO. B85-20, EMPLOYEE GROUP HOSPITALIZATION,,DENTAL AND LIFE INSURANCE City Manager Ron Wicker explained the staff is still in the process of reviewing the bids and is not ready for any recommendation tonight and asked that the item be passed to a future agenda. It was moved by Councilman Lentz, seconded by Councilman Bost, that consideration of Bid No. B85-20, Employee Group Hospitalization, Dental and Life Insurance, be passed to a future agenda. Motion passed 5 to 0. RESOLUTION NO. R85-28, RESOLUTION AND ORDER OF THE CITY COUNCIL CASTING VOTES FOR THE CANDIDATES FOR THE BRAZORIA (AUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS Resolution No. R85-28 read in full by Councilman Bost. It was moved by Councilman Bost, seconded by Councilman Tetens, that Resolution No. R85-28 be passed and approved on the first and only reading with the 150 votes by the City of Pearland being cast on the official ballot., Exhibit "A7, as follows: J. Gilbert Dickson, 30 votes; Riley Godwin, 30 votes; Leland Kee,, 30 votes; Burch Loggins, 30 votes; and Toby Lytle, 30 votes. Resolution No. R85-28 reads in caption as follows: 1.518 RESOLUTION NO. RBS -28 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR THE CANDIDATES FOR THE BRAZORIA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman Tetens, and Councilman Lentz. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R85-29, RESOLUTION DESIGNATING REPRESENTATIVES TO HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY Resolution No. R85-29 read in full by Councilman Tetens. It was moved by. Councilman Tetens, seconded by Councilman Frauenberger, that Resolution No. R85-29 naming Tom Reid, Mayor, as Representative and Jim Bost, Councilman/Mayor Pro Tem, as Alternate be passed and approved on the first and only reading. Said Resolution No. R85-29 reads in caption as follows: RESOLUTION NO. R85-29 DESIGNATION OF REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY 1986 Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman Frauenberger, and Councilman Gray. Voting "No" - None. Motion passed 5 to 0. APPROVAL OF THE FOLLOWING INVOICES (a) It was moved by Councilman Lentz, seconded by Councilman Tetens, that Estimate No. 3 from Ike Hall, Inc., for the 1985 Street Rehabilitation Program, Project No. 85-14, in the amount of $111,521.91 be passed and approved and payment be made from the appropriate funds. Motion passed 5 to 0. (b) It was moved by Councilman Lentz, seconded by Councilman Tetens, that invoice dated October 21, 1985 from Christopher Di Stefano & Associates, Inc. for archi- tect's supervision at the Public Safety Facility in the amount of $867.10 be passed and approved and payment be made from the appropriate funds. Motion passed 5 to 0. (c) It was moved by Councilman Lentz, seconded by Councilman Bost, that Application No. 3 from LEBCO Constructors, Inc., for the construction of the Public Safety Facility in the amount of $61,936.00 be passed and approved and payment be made from the appropriate funds. Motion passed 5 to 0. (d) It was moved by Councilman Lentz, seconded by Councilman Bost, that Estimate No. 1 from G. R. Grier, Inc. for construction of expansion of Barry Rose and Longwood W.W.T. facility and Twin Creek Woods Lift Station in the amount of $257,907.00 be passed and approved and payment be made from the appropriate funds. Motion passed 5 to 0. 159 OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:32 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: (1) Figueroa vs City of Pearland, (2) Pasternak et al vs City of Pearland, and (3) Article 1269m V. A. T.C.S. - SUBSECTION (g) PERSONNEL - Appointment of Individual to Fill Vacancy on Zoning Board of Adjustments. MEETING RETURNED TO OPEN SESSION AT 8:57 P. M. - No action taken. ADJOURN Meeting adjourned at 8:57 P. M. Minutes approved as submitted and/or corrected this day of , A. D., 1985. Mayor ATTEST: y11'1 r�/ City S9cretary