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1986-01-13 CITY COUNCIL REGULAR MEETING MINUTES179 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARIAND, TEXAS, HELD ON JANUARY 13, 1986, 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 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 Mayor Tom Reid. The Pledge of Allegiance was led by Mayor Pro Tem James Bost. APPROVAL OF MINUTES It; was moved by Councilman Bost, seconded by Councilman Tetens, that the Minutes of the Regular Meeting of December 23, 1985 be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid explained that he would have a couple of items later on in the meeting. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS City Manager Ron Wicker reported that within the last week Dr. Pope with the Texas Department of Health inspected our Animal Shelter. This was an annual inspection and again we received an excellent rating. Mr. Wicker said he was proud of the fact we do have one of the best animal facilities in Brazoria County. Mr. Wicker requested that the City Council call a public hearing on the revisions to the Land Use and Urban Development Ordinance for Thursday, February 13, 1986 at 7:30 P.M. at the Community Center. Mayor Reid replied that the hearing would be called for that date. CITIZENS 1. Mr. David Tamayo, President of Parkview Civic Association, explained to the Council the goals and objectives of the Civic Club and requested Council's assistAnce in obtaining the use of the Community Center meeting room for their Civic Association "— meetings without paying a fee. City Manager Ron Wicker explained that a minimum fee of $15 for three hours is charged to non-profit type organizations and this cost covers just part of the main- tenance fees involved in keeping the facilities open in the evenings. In a general discussion, it was explained that the fee structure had been approved after extensive review by the Parks Board and upon their recommendation, it was then approved by City Council. 2. Mr. Jim Sudela, 2426 Parkview Drive, Pearland, discussed with Council his concerns about traffic safety on Parkview Drive, the section between Liberty Drive and Misty Lane. He said he believed the traffic had increased considerably on Parkview Drive since the City conducted a traffic study in the area several years IRO ago. He requested the City to install a stop sign, possibly a three-way stop, on Misty Lane and Parkview. Mr. Sudela also expressed,his concerns about abandoned cars parked on several streets in Parkview Subdivision which have been sitting there for months and are an eyesore to the area. City Manager Ron Wicker explained the original traffic study was made at the request of the Parkview Civic Club back in 1982 and the study revealed no justification for a traffic control device at that time. Mr. Wicker said he would have another study made to see if warrants are met for the installation of a traffic control device in that area. Mr. Sudela was advised that if he would submit a list of the locations and license numbers of the abandoned cars, the proper procedures would be initiated by the City. 3. Claud and Sandra Branton, Seabrook, Texas. Mr. & Mrs. Branton appeared before Council with a request for a variance from the required 100 ft. building set- back off pipeline easement for Lot 7, Block 9, Longwood Park Subdivision, 2304 Kay Avenue. The Brantons explained that they had plans drawn up to build a house on this lot and taking into consideration the minimum 40 foot setback required by deed restrictions and in order to save some large trees, the house would be set back some 57 feet. They then discovered the City's requirement of 100 ft. setback from pipe- line easements. This, they said, would greatly restrict what they could build on their lot. They stated they had the last lot to be built in the subdivision and they would like to build the house as they originally planned. CHANGE IN ORDER OF BUSINESS NEW BUSINESS REQUEST BY CLAUD AND SANDRA BRANTON FOR VARIANCE FROM THE REQUIRED 100 FOOT BUILDING SETBACK OFF PIPELINE EASEMENT FOR LOT 7, BLOCK 9, LONGWOOD PARK, 2304 RAY AVENUE There was a lengthy discussion between the Council and the Brantons. When questioned about what is carried in the pipeline, the Brantons produced a letter from Phillips Pipeline Company in which they stated that currently the lines are transporting natural gas, ethylene and propane. It was brought out that the requirement for the 100' setback was made as a safety factor in case of an explosion; in the past the Council deviated down to 75' setback. In one case in a new subdivision that was being platted, a 65' deviation was granted but this was from a product -type line. THE MEETING WAS RECESSED AT 8:32 P.M. THE MEETING RECONVENED AT 8:44 P. M. The discussion continued and it was suggested that one alternative would be for the Brantons to request to the proper Boards (Planning and Zoning and Zoning Board of Adjustments) for a reduction of front and side yard building setbacks. It was moved by Councilman Bost, seconded by Councilman Tetens, that based on the fact that we have granted a variance before from pipelines carrying similar type materials, a variance of 75 feet be granted. After a discussion period, the motion and second was withdrawn. It was moved by Councilman Bost, seconded by Councilman Tetens, that no waiver be granted from the 100' setback requirement from the pipeline. Voting for the motion: Councilman Bost and Councilman Tetens. Voting against the motion: Councilman Gray and Councilman Frauenberger. Councilman Lentz abstained. As required in Article 3, Section 3.01 (b) of the Pearland City Charter, in case of a tie vote, the Mayor shall be allowed to vote. Mayor Reid voted against the motion. Motion failed 3 to 2. It was moved by Councilman Gray that we accept this plat of the Brantons as is shown for the lot, 2304 Kay Avenue, Lot 7, Block 9, which will put the rear of the house at approximately 38 feet from the utility easement and that the Brantons be asked to execute a waiver of liability and hold harmless agreement with the City of Pearland. 181 Motion failed for lack of a second. It was moved by Councilman Gray, seconded by Councilman Frauenberger, that this issue be tabled until the next Council Meeting. Motion passed 3 to 2. Councilman Bost and Councilman Tetens voted against. 4. Chacko Thomas, Houston, Texas. Mr. Thomas explained he had purchased an existing water system in the Wagon Wheel Estates subdivision in the City's extra territorial jurisdiction. He has applied to the State for a certificate of conven- ience and necessity and understands the City had filed a protest to the Public Utility Commission. Mr. Thomas said he was here tonight to find out what the City's intention was in filing the protest. He is also requesting that the City either let him have his certificate or buy him out. City Manager Ron Wicker pointed out the location of the Wagon Wheel Estates subdivision on the map and explained that the City limit lines abut this subdivision. We currently have unaccepted water lines to the -boundary of Wagon Wheel Estates; Mr. Wicker explained there is a subdivision called Springfield nearby that is in the City limits but this subdivision has not been accepted by the City and as Mr. Wicker understands, the developers are having financial difficulties. There was a general discussion about future annexations in that area and the City plans for -providing utility services. City Attorney Luke Daniel informed the Council that he and Public Works Director Bi -11 Thomasset would be going to Austin this Friday for a pre -hearing before the P.U.C. and would make sure the boundaries on Mr. Thomas' records are the boundaries we anticipate them to be. It was moved by Councilman Gray, seconded by Councilman Tetens, that the City acquiesce in the application of Mr. Thomas for a certificate of convenience and necessity before the Public Utility Commission. Motion passed 3 to 2. Councilman Bost and Councilman Lentz voting against. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: None NEW BUSINESS RESOLUTION NO. R86-1, RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AND AGREEMENT BY AND BETNEEN THE CITY OF PEARLAND AND THE CITY OF• FRIENDSWOOD FOR THE PROVISION OF WATER AND SEWER SERVICE Resolution No. R86-1 read in full by Councilman Tetens. It was moved by Councilman Tetens, seconded by Councilman Bost, that Resolution No. R86-1 be passed and approved on first and only reading. Said Resolution No. R86-1 reads in caption as follows: RESOLUTION NO. R86-1 A RESOLUTION OF THE CITY,COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT AND AGREEMENT BY AND BETWEEN THE CITY• OF PEARLAND AND THE CITY OF FRIENDSWOOD FOR THE PROVISION OF WATER AND SEWER SERVICE. Voting "Aye" - Councilman Gray, Councilman Frauenberger, Councilman Bost, Councilman Tetens and Councilman Lentz. Voting "No" - None. Motion passed 5 to 0. SPECIFIC USE REQUEST, THOMAS G. RIVES, AGENT FOR FAITH BAPTIST CHURCH, FOR RECREATION/FITNESS CENTER, DAYCARE, AND SCHOOL IN R-2 ZONE ON 1.507 ACRES OF LAND, 3801 LIBERTY DRIVE Mayor Reid read the following letter from the Chairman of the -Planning and Zoning Commission, Leroy Savoie: 182 January 10, 1986 The Honorable Mayor and City Council City Hall Pearland, Texas 77588 Gentlemen: At the regular meeting of the Planning and Zoning Commission, January 7, 1986, the Commission reviewed the attachment to the application submitted by Faith Baptist Church. This attachment was requested by the Commission at the previous meeting which specified the uses contemplated in the -original Specific Use Request. After much deliberation, the Commission asked Mr. Ottoson if he was willing to amend the attachment to the application to 1.507 acres from 3.8 acres and exclude use of the property for a softball field. Mt. Ottoson amended the attachment to the application to read accordingly and included a legal description and metes and bounds description of the 1.507 acres. Charles Mack made a motion to approve the Specific Use Request which consisted of 1.507 acres for a recreation/fitness center, daycare and school as amended. William Teasdale seconded the motion. Motion passed 6-0. Sincerely, /s/ Leroy Savoie Chairman Planning and Zoning Commission LS/dl It was moved by Councilman Gray, seconded by Councilman Frauenberger, that the Specific Use Request, consisting of 1.507 acres for recreation/fitness center, daycare and school, as provided in the attachment of the application for a specific use by the Faith Baptist Church be approved. Motion passed 5 to 0. BID NO. B85-22, TWO SUBCOMPACT PICKUP TRUCKS Council reviewed the following bids: VENDOR MAKE UNIT BID TOTAL BID DELIVERY DATE ALVIN FORD TOYOTA $6,075.86 $12,151.72 60 DAYS MAXIMUM RON CARTER CHEV S-10 CHEV 7,159.00 14,318.00 6 - 8 WEEKS STERLING -MC CALL TOYOTA 5,862.75 11,725.50 2 - 4 WEEKS BOB MARCO BUICK MAZDA 5,531.75 11,441.00 10 DAYS +189.00 .,,.. 5,720.75 It was moved by Councilman Bost, seconded by Councilman Tetens, that Bid No. B85-22, Two Subcompact Pickup Trucks, be awarded to Bob Marco Buick in the total amount of $11,441.00 and payment be made from the appropriate funds. Motion passed 5 to 0. 183 AUTHORIZATION OF CHANGE ORDER IN THE PUBLIC SAFETY FACILITY CONTRACT FOR LARGER EMERGENCY GENERATOR City Manager Ron Wicker explained that in looking over the contract for the Public Safety Building, the contractor had allowed for the placement of a 180 kw diesel generator that we feel is of a size that would not provide the power service to the building in case of a full emergency. We have checked with the manufacturer and notified the contractor that for another $8,557.50 we can go to a 220 kw generator which will be capable of continuous service in the building and provide the power service in case of an emergency. We are recommending approval of the change order and authorization for the Mayor to sign same. It was moved by Councilman Gray, seconded by Councilman Bost, for approval of Change Order No. 2, Labor and Material to provide a Detroit diesel generator in lieu of Generac as specified, in the amount of $8,557.50 and that the Mayor be authorized to sign same. Motion passed 5 to 0. INCREASE IN FOOD DEALER'S PERMIT FEES FOR THE CITY OF PEARLAND Public Works Director Bill Thomasset reported that based on the permit fee evaluation last year and the recommendation .of. John Kubasik, Health Inspector, he is recommending the following Food Dealer's Permit Fees to be placed on file in the office of the City Secretary and Health Inspector: The Permit Fees shall be determined by the number of persons employed in a food establishment, as follows: Food establishments having: One to twenty-five employees $ 25.00 Twenty-six to fifty employees 50.00 Fifty-one to one hundred employees .75.00 One hundred and one employees or more 100.00* Mobile Food Vendor 25.00 Nursing Home 25.00 Child Care Center 25.00 Mental Health Facility 25.00 School (non-profit) 25.00 It was moved by Councilman Bost, seconded by Councilman Gray, that the fees presented for Food Dealers, as prescribed by Ordinance No. 145, with the charge for 101 employees or more changed from $100 to $150*, be approved and copies kept on file in the appropriate places. Motion passed 5 to 0. ORDINANCE NO. 506, MORATORIUM ON SIGNS AND DECLARING AN EMERGENCY Ordinance No. 506 read in caption by City Attorney Luke Daniel. It was moved by Councilman Lentz, seconded by Councilman Bost, that Ordinance No. 506 be passed and approved on its first and only reading. Said Ordinance No. 506 reads in caption as follows: IR4 ORDINANCE NO. 506 AN ORDINANCE ESTABLISHING A TEMPORARY 90 DAY MORATORIUM ON ISSUANCE OF PERMITS FOR BILLBOARDS AND OTHER OFF - PREMISE SIGNS; DECLARING AN EMERGENCY PURSUANT TO SEC- TION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS 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. MEETING RECESSED TO EXECUTIVE SESSION AT 9:45 P. N. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: (1) Discussion of Indemnification of Certain City Employees Regarding Civil Service Lawsuit, (2) Article 1269m, and (3) Figueroa vs City of Pearland MEETING RETURNED TO OPEN SESSION AT 10:05 P. M. NEW BUSINESS: (Continued) INDEMNIFICATION OF CERTAIN CITY EMPLOYEES REGARDING CIVIL SERVICE LAWSUIT It was moved by Councilman Gray, seconded by Councilman Frauenberger, that Ron Wicker, City Manager, and Glenn Stanford, Chief of Police, be indemnified from liability under the present Civil Service lawsuit and that the City will pay for attorney fees for those attorneys approved by the City Council. Motion passed 5 to 0. ADJOURN The meeting adjourned at 10:0.7 P. M. Minutes approved as submitted and/or corrected ATTEST: 2e- C_ City Se etary A. D., 1986. this oG day of Mayor