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1985-09-12 CITY COUNCIL REGULAR MEETING MINUTES160 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PF.ARLAND, TEXAS HELD ON NOVEMBER 12, 1985, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLANn, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilman/Mayor Pro Tem James Bost Councilman Councilman Councilman City Manager City Attorney City Secretary Al Lentz Richard Tetens Terry Gray Ronald J. Wicker Luke L. Daniel Kay Krouse Absent from the meeting: Councilman Dennis Frauenberger INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by City Attorney Luke Daniel. APPROVAL OF MINUTES It was moved by Councilman Lentz, seconded by Councilman Bost, that the Minutes of the Regular Meeting of October 28, 1985 be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid introduced Mr. Lance Lalor, Houston City Controller. Mr. Lalor, on behalf of the Government Finance Officers Association, presented to the City of Pearland a Certificate of Conformance plaque for the City's comprehensive annual financial report for the fiscal year ended September 30, 1984. Mr. Lalor stated that this means the City and its management has achieved the highest level of excellence in financial reporting and accounting and very few cities attain this. Mr. Lalor also presented Dorothy S. Thompson, Director of Finance, a certificate of Achievement and Award of Financial Reporting and congratulated her on this very significant professional accomplishment. Mayor Reid stated he was very pleased the constitutional amendments, issues Nos. 1 and 2, pertaining to the State water plan had passed in last week's election and he feels it was a wise decision on the part of the citizens of Texas in supporting that plan. COUNCIL ACTIVITY REPORTS Councilman Bost reported they have had a final meeting of the Sign Ordinance committee and a proposed ordinance should be on the agenda for the next meeting. City Attorney Luke Daniel stated that a copy of the proposed ordinance should be ready for Council's review by the end of the week. DEPARTMENTAL REPORTS City Manager Ron Wicker explained that from time to time he would like to recognize ..__. various city employees he feels are doing an outstanding job in one particular department. Mr. Wicker presented Certificates of Recognition to the following employees: 1. Sonny Atkins, Police Officer, who volunteered his services and, as of this date, has put city decals on eight patrol cars, thereby saving the City a considerable amount of money. 2. Barry Lastik, Parks Director, for his supervision in getting Independence Park in 161 such excellent condition for Founders Day activities. 3. Robert Tobin, Water Production and Wastewater Treatment Division employee, for his outstanding job in improving the looks of our water well production sites. CITIZENS: None DOCKETED PUBLIC HEARINGS: None CHANGE IN ORDER OF BUSINESS NEW BUSINESS SPECIFIC USE PERMIT FOR JOSEPH AND BONNIE MACKIN TO CONSTRUCT FARM ACCESSORY BUILDING ON LOT 10 OF THE WALCOTPS-PEARLAND SUBDIVISION (PU DISTRICT) Joseph and Bonnie Mackin appeared before Council with a request for a specific use permit in a PU District to construct a farm accessory building. Mayor Reid read the following letter from the Planning and Zoning Commission: November 7, 1985 The Honorable Mayor and City Council City Hall Pearland,.Texas 77588 Gentlemen: At the Special Meeting of November 4, 1985, the Planning and Zoning Commission considered and approved the request for a Specific Use Permit in a PU Di -strict by Joseph and Bonnie Mackin for a farm accessory building. Mrs. Bonnie Mackin was present to answer questions concerning the proposed construc- tion of a farm accessory building on her property at 1511 Old Alvin Road. After a discussion, Mrs. Mackin located for the Commission where the accessory building is proposed to be situated in relation to her house and their property lines. The southwest corner of the proposed building is to be located 250' east of the east right of way of Old Alvin Road and 250' north of the southern property line. Charles Mack made a motion to grant the Specific Use Permit in a PU District by Joseph and Bonnie Mackin for a farm accessory building in which the southwest corner of the building is 250' east of the east right of way of Old Alvin Road and 250' north of the southern boundary of the 7.0808 acre tract. Bill Teasdale seconded the motion. Motion carried unanimously. The Planning and Zoning Commission is presenting this for Council's consideration. Sincerely, /s/ Leroy Savoie Chairman Planning and Zoning Commission LS/dl Mayor Reid called on Chairman Leroy Savoie for any comments. Mr. Savoie explained the Planning and Zoning Commission looked favorably on granting this specific use permit because the usage of this facility will be for personal use and, too, the zoning category in that area is PU and it should have been PD (Pre -development). In a PD zone, a specific use permit wouldn't be needed for this type -of accessory use. The Planning and Zoning Commission also wanted this building specifically located so when the surrounding area develops it will not be offensive to adjacent property owners. It was moved by Councilman Tetens, seconded by Councilman Bost, that the Specific Use 62 Permit, as stipulated by the Planning and zoning Commission, be granted. Motion passed 4 to 0. REQUEST BY JOHN MORRISON OF SEIS PROS TO LOWER AMOUNT OF BOND REQUIRED BY THE CITY TO CONDUCT SEISMOGRAPH TESTING IN THE CITY Mr. Morrison explained his company, Seis Pros, would like to request the $1,000,000 bond required by the City be reduced. The bond would cost $10,000 and would be an unrecoverable cost for them; they would be willing, in turn, to increase the amount of their insurance, he said. There was a general discussion about the need for the City to be protected during these seismograph testings. It was recommended by City Attorney Luke Daniel that, as per the ordinance, the bond be $100,000 and the insurance policy be raised to $1,000,000 and the City be named as the insured with zero deductible. Mr. Morrison was asked to have his company work out the arrangements and then meet with the City Attorney. It was moved by Councilman Lentz, seconded by Councilman Gray, that Seis Pros be required to furnish the City with a bond in the amount of $100,000 and a certificate of insurance with the City named as co-insured on a $1,000,000 policy with no deductible before conducting seismograph testing in the City of Pearland. Motion passed 4 to 0. REQUEST BY DAVID SCOGGINS, SEIS PROS, TO CONDUCT SEISMOGRAPH TESTING IN THE CITY OF PRARLAND Mr. Scoggins was not present; John Morrison spoke on his behalf. Mr. Morrison explained Seis Pros would like to request a permit to conduct seismograph testing beginning in the southern part of the City, just north of Clover Field, crossing over Highway 35, then going to Dixie Farm Road, crossing over and through West Friendswood Subdivision, then back around Rustic Lane and on to the county line. They would like, Mr. Morrison said, to use dynamite in some areas. It was moved by Councilman Lentz, seconded by Councilman Tetens, that Seis Pros be granted a permit to conduct seismograph testing, as requested, through the City of Pearland, with the use of an air gun and no dynamite be used, for a fee of $500, con- ditional upon the company furnishing the City with a $100,000 bond and a certificate of ipsurance with the City named as co-insured on a $1,000,000 policy with no deductible. Motion passed 4 to 0. UNFINISHED BUSINESS BID NO B85-20, EMPLOYEE GROUP HOSPITALIZATION, DENTAL AND LIFE INSURANCE City Manager Ron Wicker explained we received four bids and in reviewing these bids, we found they were not totally responsive to our specifications or they were other- wise unacceptable. Because of that we are recommending all the bids be denied and we be authorized to rebid as soon as possible. It was moved by Councilman Bost, seconded by Councilman Gray, that all of the bids received on Bid No. B85-20 be denied and the Staff be authorized to rebid. Motion passed 4 to 0. NEW BUSINESS (Continued) ORDINANCE NO 173A-1, AN ORDINANCE AMENDING SECTION 6-69 OF THE CODE OF ORDINANCES CHANGING FEES FOR THE IMPOUNDMENT OF ANY DOG City Attorney Luke Daniel explained that the Animal Control Officer had approached the City Manager and himself with a request to raise the rates for impoundment of dogs. The rate of $5.00 had been the same since 1972 and it was not recouping the costs to the City. The Staff agreed that a $30 fee for impoundment would help recoup these costs with the daily cost of caring and feeding going from $3 to $4 a day. Ordinance No. 173A-1 read in caption by City Attorney Luke Daniel. (First Reading) It was moved by Councilman Gray, seconded by Councilman Bost, that Ordinance No. 163 173A-1 be passed and approved on the first of two readings. Said Ordinance No. 173A- 1 reads in caption as follows: ORDINANCE NO. 173A-1 AN ORDINANCE AMENDING SECTION 6-69 OF THE CODE OF ORDINANCES OF OF THE CITY OF PEARLAND; PROVIDING FEES FOR THE IMPOUNDMENT OF ANY DOG; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilman Gray, Councilman Bost, Councilman Tetens, and Councilman Lentz. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 387-1, AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS AND TIMES - SCHOOL ZONES City Manager Wicker explained it is important to amend our school zone ordinances, when needed, so they best reflect the need of the zones at a particular time. This year school is letting out 15 minutes later than in the past so we need to change our school signs to designate the speed zones between the hours of 2:30 and 4:15 P.M. on school days. This will reflect the needs of all the schools and is a necessary ordinance. Ordinance No. 387-1 read in caption by Councilman Bost. (First Reading) It was moved by Councilman Bost, seconded by Councilman Tetens, that.Ordinance No. 387-1 be passed and approved on the first of two readings. Said Ordinance No. 387-1 reads in caption as follows: ORDINANCE NO. 387-1 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701d, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, ON SCHOOL DAYS, WITHIN DESIGNATED TIMES; PROVIDING A PEN- ALTY FOR VIOLATION; PROVIDING FOR THE ERECTION OF SIGNS; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilman Gray, Councilman Bost, Councilman Tetens, and Councilman Lentz. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 504, AN ORDINANCE REGARDING ACTIONS OF CITY OFFICERS, AGENTS AND EMPLOYEES RESPONDING TO EMERGENCY SITUATIONS City Attorney Daniel read into the records the following corrections to the ordinance: On the fifth line of the text, Section 14(a) should read Section 14(8). In Section 2-4, the third and fourth line of paragraph, remove "as that officer, agent or employee deems most effective to" and replace with, "so as to most effectively." The last of that. sentence should now read: "act in such a manner so as to most effectively deal with the emergency." Ordinance No. 504 read in caption by City Attorney Daniel. (First Reading) It was moved by Councilman Gray, seconded. by Councilman Lentz, that Ordinance No. 504 be passed and approved on the first of two readings.. Said Ordinance No. 504 reads in caption as follows: ItT A, ORDINANCE NO. 504 AN ORDINANCE ENACTING SECTION 2-4 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, REGARDING ACTIONS OF CITY OFFICERS, AGENTS AND EMPLOYEES RESPONDING TO EMERGENCY SITUATIONS; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND EFFEC- TIVE DATE. Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, and Councilman Gray. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 505, AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ON A PORTION OF FM 518 WITHIN THE CITY OF PEARLAND City Manager Wicker explained the widening of 518 by the State will be broken up into several projects, the first of which will be a tie -on with the City of Friendswood. Under the contract to be let in February of 1986, some 2000 feet within the corporate limits of Pearland is included. This being from the Galveston county line West and will include Mary's Creek Bypass bridge structure which when re -done will improve our drainage in that area. In order for the State to start the project and during the construction period, they will need to control the speeds within that section of roadway and are asking the City to adopt a speed zone ordinance for construction pur- poses only. Upon completion of the construction, it will revert back to the normal speed on that portion of the roadway. Ordinance No. 505 read in caption by Councilman Tetens. (First Reading) It was moved by Councilman Tetens, seconded by Councilman Bost, that Ordinance No. 505 be passed and approved on the first of two readings. Said Ordinance No. 505 reads in caption as follows: ORDINANCE NO. 505 AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ON A PORTION OF FM 518 WITHIN THE CITY OF PEARLAND, TEXAS; PROVIDING FOR SIGNS; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVID- ING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE AND CANCELLATION THEREOF. Voting "Aye" - Councilman Gray, Councilman Bost, Councilman Tetens, and Councilman Lentz. Voting "No" - None. Motion passed 4 to 0. APPROVAL OF THE 1985 TAX ROLL It was moved by Councilman Bost, seconded by Councilman Tetens, that the City approve as submitted the 1985 official tax roll. Motion passed 4 to 0. ESTABLISHMENT OF A CITY POLICY WITH REGARD TO P.U.C. DOCKET NO. 5439 - APPLICATION OF CHACKO THOMAS AND ASSOCIATES TO PROVIDE WATER SERVICE TO WAGON WHEEL ADDITION City Attorney Luke Daniel explained that Docket No. 5439 is the application to the Public Utility Commission from a private business firm to provide water service to the -Wagon Wheel Addition which is in our E.T.J. In order to provide water service to an area you must apply to the P.U.C. for a certificate of convenience and necessity to provide water. The City of Pearland currently has a certificate of convenience and necessity to provide water service to that area and many other areas in our E.T.J. If Mr. Chacko Thomas is to receive his certification, the City will be de- certified in that area. There was a general discussion about the possibility of 165 annexing that area in the future and the fact that the City has water lines adjacent to that area. Because of the location of Wagon Wheel Addition being so close to the City limits, it was agreed to take action on this application. It was moved by Councilman Lentz, seconded by Councilman Bost, that the City Attorney be instructed to write a letter, for the Mayor's signature, to the Public Utility Commission in protest of the application of Chacko Thomas and Associates and to take any further action necessary in this respect. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT (Continued) Mayor Reid reported he has appointed Councilman Tetens to be chairman of a committee to review our Animal Control Ordinance in depth and bring back a recommendation to the Council. The committtee should include, the Mayor said, members of the City Staff, especially the City Attorney, the Humane Officer and others as needed; a veterinarian, citizens from Civic Clubs that have expressed interest and representa- tives from the Chamber of Commerce. OTEIER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:50 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: (1) Article 1269m V.A.C.S. - SUBSECTION (g) PERSONNEL - Employee Disciplinary Action MEETING RETURNED TO OPEN SESSION AT 9:06 P. M. - NO ACTION TAKEN ADJOURN Meeting adjourned at 9:06 P. M. Minutes approved as submitted and/or corrected this day of , A. D., 1985. Mayor ATTEST: City Se etary