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1985-12-23 CITY COUNCIL REGULAR MEETING MINUTES174 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 23, 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 Bost Councilman Terry Gray Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE Al Lentz Dennis Frauenberger Richard Tetens 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 Kerry Spradley, President of the Chamber of Commerce. APPROVAL OF MINUTES It was moved by Councilman Bost, seconded by Councilman Frauenberger, that the Minutes of the Regular Meeting of December 9, 1985 be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid wished all present a Merry Christmas and a Happy New Year and remarked that this would be the last Council meeting of the year. COUNCIL ACTIVITY REPORTS: None [7NS} '0�F.9 City Manager Ron Wicker reported the tax collections are coming in very well even though we were late in getting our statements out. Mr. Wicker encouraged all to go by to see the new Public Safety Facility as it is progressing nicely and has really taken shape in the last week or so. They are presently hanging sheetrock and installing air conditioning duct work in the facility. CITIZENS Mr. David Miller representing the Pearland/Hobby Area Chamber of Commerce appeared before the Council and introduced Kerry Spradley, President, Ed Grisham, President - Elect, and Mary Starr, committee member of the Pearland/Hobby Chamber of Commerce. Mr. Miller stated he was chairman of the Industrial Development Committee and reported on a program, TEXCEL, Texas Cities for Economic Leadership. This program was created by the Texas Economic Development Commission in cooperation with the Texas Municipal League and the Texas Industrial Development Council to allow cities wanting to participate to become "experts," so to .speak, in economic development and leadership. It is a two -track program with the decision to participate being made by the City Council. In track one, the Readiness Program, twenty-five cities will be selected to participate in an ongoing training program for the year 1986. These cities will be designated by the governor and the TEXCEL insignia will attract industry and development to our city. It takes 12 to 16 months to complete this pro- gram and all applications for consideration under the Readiness Program must be received in Austin by January 31, 1986. The second track, Certification, is awarded after all the applications have been filled out and the necessary criteria met. After a discussion, it was suggested City Manager Ron Wicker and City Attorney Luke Daniel review the application and that it be placed on a future agenda as an action 175 item. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: None MEN BUSINESS POSITION STATEMENT FOR THE USE OF THE SOUTH GRAND ACTIVITY CENTER City Manager Ron Wicker explained the proposed policies and rules for operation for the South Grand Boulevard Activity Center were included in the Council packets. This multi-purpose facility would be heavily used by the senior citizens of our community but also would be utilized by other local civic groups as the need arose. Mayor Reid stated that a formal action by Council would then make it a policy position so the Parks Department and the Parks Board can have the Council support and concurrence as we get ready to open this facility. In a general discussion about the policies and rules for operation, the Council expressed concerns about the availability of the center for local groups other than senior citizens. It was moved by Councilman Bost, seconded by Councilman Gray, that the policies and rules for operation of the South Grand Boulevard Activity Center as presented on December 23, 1985, be approved with the following corrections: under "Other Functions or Uses", second line, delete the words "all of", to now read: "senior citizens when the following conditions are met"; and delete item 2 in its entirety, which begins: "As an overflow" from .....:', which will now have 3 items under "Other Functions or Uses"; and further that all of the equipment added to the Activity Center will be under the ownership of the City of Pearland. Motion passed 5 to 0. RESOLUTION NO. R85-31, RESOLUTION AUTHORIZING ADNINISTRATIVE STAFF TO REPRESENT AND ACT FOR THE CITY IN DEALING WITH THE TEXAS PARRS AND WILDLIFE DEPARTNENT REGARDING PHASE II, DEVELOPMENT OF NCLEAN ROAD PARR City Manager Ron Wicker explained that- last year ;the City purchased a 46 -acre tract of land located along Mary's Creek between Pearland Sites and McLean Roads for a park on the west side of Pearland. Mr. Wicker stated he believed this park land has a good potential for development and could be compared to Independence Park. If Council concurs, we can proceed with a grant application consisting of City funds and matching State funds for the development of Phase II. Parks Director Barry Lastik had a slide presentation explaining Phase I, of which the plans are now in Austin for approval, consists of multi -use fields, playground, fit- ness trail and picnic units. The proposed Phase II consists of redesignating the Phase I fields for softball fields and relocating the multi -use fields, putting in a restroom, concession, storeroom facility, and parking lot to service the area. Pro- posed for the future will be a swimming pool similar to the one at Independence Park, multi -use fields and tennis courts. Total estimated cost is $720,100.00. Assistant City Manager Gary Jackson stated that the application for this grant should be submitted to the State by January 31, 1986, and the decision by the State on this grant could possibly come in July, 1986. It was suggested that the Public Works Director look at the items in the Tabular Summary, such as the sidewalk system, restroom, concession, storeroom, parking lot, roads and utilities to verify the cost figures. Chairman of the Parks Board, George Triebel, was introduced from the audience and he stated that the Parks Board along with Barry Lastik have spent a. lot of time planning this proposed development and are requesting, tonight, Council's approval. Resolution No. R85-31 read in full by Councilman Gray. In Section 1, third line, the word "Law" was inserted after Public. It was moved by Councilman Gray, seconded by Councilman Lentz,_, that Resolution No. R85-31, and the amendment read, be passed and approved on the first and only reading. Said Resolution No. R85-31 reads in caption as follows: 17 RESOLUTION NO. R85-31 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS AUTHORIZING THE ADMINISTRATIVE STAFF TO REPRESENT AND ACT FOR THE CITY IN DEAL - WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Council- man Tetens and Councilman Lentz. Voting. "No" - None. Motion passed 5 to 0. CITY ACCEPTANCE OF WOODCREEK, SECTION 4, STREETS, WATER SYSTEM, SANITARY SEWER SYSTEM AND DRAINAGE Public Works Director Bill Thomasset recommended the City accept the public facili- ties in Woodcreek, Section 4 Subdivision contingent upon the receipt of satisfactory water samples. It was moved by Councilman Lentz, seconded by Councilman Tetens, that the City of Pearland accept Woodcreek, Section 4 subject to submittal of all required data. Motion passed 5 to 0. RESOLUTION NO. R85-30, RESOLUTION REGARDING INSTALLATION OF STOP SIGN, CHESTER AND FITE ROAD Resolution No. R85-30 read.in full by City Attorney Luke Daniel. It was moved by Councilman Frauenberger, seconded by Councilman Bost, that Resolu- tion No. R85-30, with the attached Exhibit "A", the Director of Planning and Trans- poration report submitted on December 9, 1985, be passed and approved on the first and only reading. Said Resolution No. R85-30 reads in caption as follows: RESOLUTION NO. R85-30 A RESOLUTION CONCERNING THE INSTALLATION OF TRAFFIC CONTROL DEVICE IN THE CITY AND RATIFYING THE SAME. Voting "Aye" - Councilman Lentz, Councilman Tetens, Councilman Bost, Councilman Frauenberger and Councilman Gray. Voting "No" - None. Motion.passed 5 to 0. AUTHORIZATION FOR MAYOR TO EXECUTE EASEMENT GRANT TO HOUSTON LIGHTING AND POWER COMPANY FOR ELECTRIC SERVICE TO PEARLAND PUBLIC SAFETY BUILDING City Manager Ron Wicker explained this easement grant is necessary to provide electric service to the new Public Safety Building. This easement was prepared by HL&P and he would recommend approval. It was moved by Councilman Tetens, seconded by Councilman Bost, that the Mayor be authorized to execute the easement grant to Houston Lighting & Power Company for electric service to the Pearland Public Safety Building. Motion passed 5 to 0. ENLISTING SERVICES OF OUTSIDE CONSULTANT CONCERNING THE COMPREHENSIVE SIGN ORDINANCE City Manager Ron Wicker explained that in his opinion there are other people out in the public domain who have expertise to help the City of Pearland in developing this comprehensive sign ordinance and if the Council so desires, we can solicit for propo- sals from outside consultants which he believes will be a benefit to the Sign Committee as a whole. It was moved by Councilman Bost, seconded by Councilman Frauenberger, that the City 177 staff be authorized to solicit proposals from outside consultants concerning the com- prehensive sign ordinance. Motion passed 5 to 0. PROPOSED CHARTER AMENDMENTS City Attorney Luke Daniel reviewed the four proposed amendments to the Charter that were submitted to the City Council in June of this year. He explained that in order for the City Council to initial charter review for the voters at the next regular election on April 5, 1986, it will be necessary for the Council to determine which, if any, of these proposed amendments should go on the ballot. He is recommending adoption of all four of the proposed amendments. RESOLUTION NO. R85-32, RESOLUTION AUTHORIZING THE PLACEMENT OF PROPOSED CHARTER ANENDMENTS ON THE REGULAR MUNICIPAL ELECTION BALLOT FOR APRIL -5, 1986 Resolution No. R85-32 read in full by City Attorney Luke Daniel. It was moved by Councilman Gray, seconded by Councilman Bost, that Resolution No. R85-32 be passed and approved on the first and only reading with the following change: Under Proposed Amendment No. 1, 5th line, 1st word, change "shall" to "may". Said Resolution No. R85-32 reads in caption as follows: RESOLUTION NO. R85-32 A RESOLUTION AUTHORIZING THE PLACEMENT OF CERTAIN PROPOSED CHARTER AMENDMENTS ON THE APRIL 5, 1986 REGULAR MUNICIPAL ELECTION BALLOT. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman Tetens and Councilman Lentz. Voting "No" - None. Motion passed 5 to 0. APPROVAL OF THE FOLLOWING INVOICES (a) It was moved by Councilman Lentz, seconded by Councilman Bost, that Estimate No. 5 and Final, Ike Hall, Inc., for the 1985 Street Rehabilitation Program, Project No. 85-14, in the amount of $20,481.75, be passed and approved and payment made from the appropriate funds. Motion passed 5 to 0. (b) It was moved by Councilman Lentz, seconded by Councilman Tetens, that Estimate No. 2, G & C Utilities, Inc., for drainage improvements in Sherwood I & II, Westminister, Nottingham Subdivisions, in the amount of $106,781.26, be passed and approved and payment made from the appropriate funds. Motion passed 5 to 0. (c) It was moved by Councilman Lentz, seconded by Councilman Tetens, that invoice dated December 18, 1985, Christopher Di Stefano and Associates, Inc., for architect services related to construction of Public Safety Building, in the amount of $1,757.29, be passed and approved and payment made from the appro- priate funds. Motion passed 5 to 0. (d) It was moved by Councilman Lentz, seconded by Councilman Tetens, that Contrac- tor's Application for Payment No. 5, LEBCO Constructors, Inc., for the con- struction of the Public Safety Facility for the City of Pearland, in the amount of $125,521.00, be passed and approved and payment made from the appro- priate funds. Motion passed 5 to 0. (e) It was moved by Councilman Lentz, seconded by Councilman Tetens, that Estimate No. 3, G. R. Grier, Inc., for construction of the expansion of Barry Rose and 178 Longwood Wastewater Treatment facilities and Twin Creek Woods lift station, in the amount of $301,488.00, be passed and approved and payment made from the appropriate funds. Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:00 P. N. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 - SUBSECTION (e) . LEGAL - Contemplated and Pending Litigation: (1) Figueroa vs City of Pearland. - SUBSECTION (f) ACQUISITION OF REAL PROPERTY: (1) Purchase of Land for Drainage Easement. MEETING RETURNED TO OPEN SESSION AT 9:40 P. M. - NO ACTION TAKEN .ADJOURN The meeting adjourned at 9:40 P. M. Minutes approved as submitted and/or corrected this Z3 day of A. D., 1986. /' � 4�4 �Y✓L Mayor ATTEST: City Sedietary