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1986-05-27 CITY COUNCIL REGULAR MEETING MINUTESf 261 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 27, 1986, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS Mayor Tom Reid Councilmember/Mayor Pro Tem Dennis Frauenberger (entered Chamber at 7:40 P.M.) CouncilmeMber Councilmember Councilmember City Manager City Attorney City Secretary Richard Tetens James Bost Charles Mack Ronald J. Wicker Luke L. Daniel Kay Krouse Absent from the meeting: Councilmember Stella Roberts INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember James Bost. The Pledge of Allegiance was led by Jack Steele, Executive Director of Houston/Galveston Area Council. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Bost, that the Minutes of the Regular Meeting of May 12, 1986, be approved as submitted. Motion passed 3 to 0. Councilmember Frauenberger absent from the Chamber at the time. MAYOR'S ACTIVITY REPORT Mayor Reid mentioned he would be out of the City June 2-3, attending a conference of the National Association of Regional Councils in New Orleans. He, along with Jack Steele, will be making a presentation on Economic Development and what local cities and COGS are doing to aid and assist the membership in their localities. Mayor Reid announced that Councilmember Charles Mack will chair a committee to prepare a Park Board Ordinance. COUNCIL ACTIVITY REPORTS Councilmember Tetens reported that the Animal Control Ordinance Committee met on May 13, and he feels things are moving along fairly well. DEPARTMENTAL REPORTS City Manager Ron Wicker reported that the Sign Ordinance Review Committee will meet May 28, at 7:30 P. M., and after the scheduled Joint Public Hearing on June 2, there will be an EMS Committee Workshop to discuss charging and possible ordinance changes. City Manager Wicker commented about the Joint Public Hearings that are being held and said as far as the Staff was concerned, the hearings are working out nicely. He thinks they are cutting approximately 30 days from the application process. These joint hearings give the Council and the Planning and Zoning Commission the opportunity to hear the same information at the same time. Mr. Wicker reported on projects throughout the City. We are nearing completion of our annual paving program and the last street remaining to be paved, Orange Street, will be paved this week if weather allows. We had a second walk-through on a checklist at the Public Safety building last Friday and hopefully, by this week most of the problems will be worked out, and if everything goes as scheduled, we will be able to start moving in about a week or two. The preliminary foundation work has been started by the contractor on the City Hall project. Lastly, he reported we received a preliminary figure on our tax values for the upcoming year and it appears we are going to be some $10,000,000 shy of the figure we used last year. Mr. Wicker stated he wanted the Council to be aware that the budget this year will be extremely "tough" and that during the July Budget Workshops, the tax rate is one of the things we are going to be concerned with. City Attorney Luke Daniel reported that recently he had an opportunity to speak at HGAC which was hosting the Urban Affairs Committee of the State House of Representatives. One of the items discussed was comments received regarding the 1269m Civil Service Law. Mr. Daniel added that he, too, believes the joint public hearings are beneficial to both the City and to the applicant requesting a zone change. Tax Collector Barbara Lenamon, stated her estimate of the tax values leaves us $21,000,000 short. She added that the Appraisal District will be sending out notices of the new values to the new homeowners soon and possibly she will be getting a preliminary roll that she can look at within the next two weeks. CITIZENS: None DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 508, ENTEX FRANCHISE ORDINANCE Ordinance No. 508 read in caption by Councilmember Tetens. (Second Reading) It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that Ordinance No. 508 be passed and approved on the second and final reading. Said Ordinance No. 508 reads in caption as follows: ORDINANCE NO. 508 AN ORDINANCE GRANTING ENTEX, INC., ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE FOR A PERIOD OF THIRTY (30) YEARS TO CONSTRUCT, LAY, MAINTAIN, OPERATE, EXTEND, REMOVE, REPLACE AND REPAIR A SYSTEM OF PIPE LINES, GAS MAINS, LATERALS AND ATTACHMENTS AND ALL DESIRABLE INSTRUMENTALITIES IN, UNDER, OVER, ACROSS AND ALONG ANY AND ALL STREETS, AVENUES, PARKWAYS, SQUARES, ALLEYS AND OTHER PUBLIC PLACES IN THE CITY OF PEAR - LAND, BRAZORIA AND HARRIS COUNTIES, TEXAS FOR THE PURPOSE OF TRANSPORTING, DISTRIBUTING, SUPPLYING AND SELLING GAS (NATURAL AND/OR ARTIFICIAL AND/OR MIXED) FOR HEATING, LIGHTING, POWER, AND FOR ALL OTHER PURPOSES FOR WHICH GAS MAY BE USED, TO THE MUNICIPALITY OF SAID CITY OF PEARLAND, TEXAS AND ITS INHABI- TANTS AND OTHERS; PROVIDING CONDITIONS CONTROLLING THE USE OF PUBLIC THOROUGHFARES AND EXTENSION THEREIN, AND PROVIDING FOR REPAIR TO SUCH THOROUGHFARES; ESTABLISHING STANDARDS OF SER- VICE; PROVIDING FOR PAYMENT OF TWO PERCENT (2%) OF THE GROSS RECEIPTS FROM THE SALE OF GAS TO RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CUSTOMERS, WITHIN THE CITY; PROVIDING FOR ACCEP- TANCE; PROVIDING A SEVERABILITY CLAUSE; MAKING MISCELLANEOUS PROVISIONS; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. Voting "Aye" - Councilmember Tetens, Councilmember Frauenberger, Councilmember Bost, and Councilmember Mack. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 421-2, ORDINANCE . AMENDING SECTION 27-5 (A) (5) (a) OF THE PEARLAND SUB- DIVISION ORDINANCE, REDUCING THE SUBDIVISION BOND REQUIREMENTS FROM 100% TO 50% Ordinance No. 421-2 read in caption by Councilmember Frauenberger. (Second Reading) It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that Ordinance No. 421-2 be passed and approved on the second and final reading. Said Ordinance No. 421-2 reads in caption as follows: 263 ORDINANCE NO. 421-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 27-5 (A)(5)(a) OF THE CITY CODE OF ORDINANCES, BY REDUCING THE SUBDIVISION MAINTENANCE BOND REQUIREMENT FROM 100% OF COST OF IMPROVEMENTS TO 50% OF SUCH COST; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmember Mack, Councilmember Bost, Councilmember Frauenberg.er, and Councilmember Tetens. Voting "No" - None. Motion passed 4 to 0. NEW BUSINESS COUNCIL DECISION ON APPLICATION NO. 3, ANTHONY AND VIRGINIA.VENTO, OWNERS, ZONE CHANGE REQUEST FROM R-1 SINGLE FAMILY DWELLING TO NS NEIGHBORHOOD SERVICE Mayor Reid read into the records the following letter from the Planning and Zoning Commi s s ion : May 22, 1986 The Honorable Mayor and City Council City Hall Pearland, Texas 77588 Gentlemen: At the Special Meeting of May 20, 1986, the Planning and Zoning Commission considered and approved Application No. 3 for a request for an amendment to the Land Use and Urban Development Ordinance of Pearland, from classification Residential (R-1) to Neighborhood Service District (NS) on a 0.390 acre tract of land out of a 5.5 acre tract out of a 27.09 acre tract in the W.D.C. Hall League, Abstract 70, Brazoria County, Texas. The Commission had concerns regarding right of way dedications, screening from adjacent property and building lines relating to the property, which were discussed with the staff, and the Commission was advised that these items would be taken care of during the platting process. The screening requirements are covered in the Land Use and Urban Development Ordinance and would be required at the time a building permit is applied for. Mr. Vento who was present stated that he had no problems with the aforementioned requirements. Clyde Starns made a motion to approve Application No. 3 as requested by Anthony F. and Virginia Vento for an amendment to the Land Use and Urban Development Ordinance of Pearland, from classification Residential (R-1) to Neighborhood Service District (NS) for their 0.390 acre tract. Carlton Baker seconded the motion; motion passed 4- 0. The Planning and Zoning Commission is presenting this for Council's consideration. Sincerely, /s/ Leroy Savoie Chairman, Planning and Zoning Commission LS/dl It was moved by Councilmember Mack, seconded by Councilmember Bost, that the City Attorney be instructed to prepare the necessary ordinance to change the zoning from R-1 to Neighborhood Service as requested in Application No. 3, Anthony and Virginia Vento, Owners. 264 Motion passed 4 to 0. REQUEST FROM RETAIL MERCHANTS OF PEARLAND TO PLACE "SHOP IN PEARLAND" MESSAGE ON WATER BILLS MAILED TO EACH HOUSEHOLD IN CITY City Manager Ron Wicker explained he had met with the Chamber of Commerce Retail Merchants Committee and they have requested placing a message on the City water bills that will promote shopping in Pearland. Mr. Wicker stated he feels that if more people shop in Pearland, the City would benefit through the sales tax, and if Council approves, he would get back to the Retail Merchants Committee to develop the exact wording, up to 35 characters, of the message. It was moved by Councilmember Bost, seconded by Councilmember•Tetens, that Council authorize the Staff to place a "Shop in Pearland" message, when possible, on the water bills mailed to each household in the City. Motion passed 4 to 0. RESOLUTION NO. R86-18, RESOLUTION APPROVING CREATING OF THE HOUSTON-GALVESTON AREA EQUIPMENT FINANCE CORPORATION, AUTHORIZING INTERLOCAL AGREEMENTS NECESSARY TO THE CORPORATION'S PURPOSE, AND APPROVING OTHER MATTERS RELATED THERETO. Jack Steele, Executive Director of H -GAC, Steve Howard of H -GAC and Michael Capizzo, Legal Counsel to H -GAC were present to discuss the creation of the Houston -Galveston Area Equipment Finance Corporation and answer questions from the Council. During the discussion it was pointed out that the City of Pearland will function as the creative local government for this Corporation if the Resolution is approved by the Council. It was also mentioned that while the City of Pearland will be the sponsoring governmental agency for the corporation, the financial status of the City will never be in trouble. It was requested by Council that a letter be submitted to the Mayor and Council from H -GAC Legal Department stating that the creation of the Finance Corporation will in no way financially obligate the City of Pearland. Resolution No. R86-18 read in full by City Attorney Luke Daniel. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that Resolution No. R86-18 be passed and approved on the first and only reading. Said Resolution No. R86-18 reads in caption as follows: RESOLUTION NO. R86-18 APPROVING CREATION OF THE HOUSTON-GALVESTON AREA EQUIPMENT FINANCE CORPORATION, AUTHORIZING INTERLOCAL AGREEMENTS NECESSARY TO THE CORPORATION'S PURPOSE, AND APPROVING OTHER MATTERS RELATED THERETO. Voting "Aye" - Councilmember Tetens, Councilmember Frauenberger, Councilmember Bost, and Councilmember Mack. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 509-1, ORDINANCE AMENDING LAND USE AND URBAN DEVELOPMENT ORDINANCE, LAND USE DISTRICT MAP FROM CLASSIFICATION COMMERCIAL AND GENERAL BUSINESS TO R-3 AND R-1, SINGLE FAMILY DWELLING DISTRICT, APPLICATION NO. 2, CITY OF PEARLAND, AGENT Ordinance No. 509-1 read in caption by Councilmember Bost. (First Reading) It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Ordinance No. 509-1 be passed and approved on the first of two readings. Said Ordinance No. 509-1 reads in caption as follows: ORDINANCE NO. 509-1 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING AN AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PRO- VISIONS RELATING TO THE SUBJECT. 265 Voting "Aye" - Councilmember Mack, Councilmember Bost, Councilmember Frauenberger, and Councilmember Tetens. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 513, ORDINANCE ADOPTING FIRE CODE AND LIFE SAFETY CODE City Manager Ron Wicker explained that this ordinance is the basis with which our Fire Marshal is able to enforce the fire regulations in our City. It is something that we have needed for quite some time and he would recommend approval. Ordinance No. 513 read in caption by Councilmember Mack. (First Reading) It was moved by Councilmember Mack, seconded by Councilmember Bost, that Ordinance No. 513 be passed and approved on the first of two readings. Said Ordinance No. 513 reads in caption as follows: ORDINANCE NO. 513 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING A FIRE CODE FOR THE CITY; PROVIDING A PENALTY FOR VIO- LATION OF SAME; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING FOR PUBLICATION AND HAVING AN EFFECTIVE DATE. Voting "Aye" -.Councilmember Tetens, Councilmember Frauenberger, Councilmember Bost, and Councilmember Mack. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 514, ORDINANCE PROHIBITING GLASS CONTAINERS IN CITY PARKS City Manager Ron Wicker commented that this ordinance has been recommended by the Parks Board in the past and would promote safer conditions within the parks and he would recommend approval. Ordinance No. 514 read in caption by Councilmember Bost. (First Reading) It was moved by Councilmember Bost, seconded by Councilmember Mack, that Ordinance No. 514 be passed and approved on the first of two readings. Said Ordinance No. 514 reads in caption as follows: ORDINANCE NO. 514 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, PROHIBITING GLASS CONTAINERS IN CITY PARKS; PRO- VIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR _CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmember Mack, Councilmember Bost, Councilmember Frauenberger and Councilmember Tetens. Voting "No" - None. Motion passed 4 to 0. LETTER OF CONCERN TO APPROPRIATE TEXAS AGENCIES REGARDING HAZARDOUS WASTE IN THE PEARLAND AREA Mayor Reid explained that recently there have been strong allegations made concerning the possibility of radiation and hazardous waste sites in areas outside the City Limits. However, some of these sites are in close proximity to the City of Pearland and this could possibly involve citizens who live inside the city. Mayor Reid remarked that if Council so feels, he would write a letter to the appropriate Texas agencies expressing our concern and requesting a thorough investigation be conducted. It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that the Mayor be authorized to write a letter of concern to appropriate Texas agencies 999 regarding hazardous waste in the Pearland area. Motion passed 4 to 0. BID NO. B66-13, SURFACE PREPARATION AND PAINTING OF INDEPENDENCE PARR TENNIS COURTS AND BASKETBALL COURTS Assistant City Manager Gary Jackson explained we received only one -bid for this project and the bidder had the same problem that was reported by other possible bidders and that is bonding requirements. We used a standard public works contract that requires a two-year maintenance bond which is tailored to larger jobs. This particular project makes it very difficult for bidders to meet bonding requirements; the one bidder cannot meet the the requirements and therefore has a non -conforming bid. Since this project -is less than $50,000, we do not need -the bonding requirements; therefore, it is recommended that the one bid be rejected and we rebid without bonding requirements. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that all bids received on Bid No. B86-13 be rejected and that this project be readvertised to bid. Motion passed 4 to 0. APPROVAL OF INVOICES (a) It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that invoice from Christopher Di Stefano & Associates, Inc. for supervision on construction of Public Safety Building, in the amount of $923.54 be approved and payment made from the appropriate funds. Motion passed 4 to 0. (b) City Manager Ron Wicker informed Council that concerning the LEBCO Application for Payment No. 10, we have had at least two different subcontractors write us letters to the effect that they have not been paid. Mr. Wicker said he feels we need to get LEBCO's attention and would recommend postponing authorization for payment on this invoice. It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, to table approval of LEBCO Application for Payment No. 10 until such time we can determine that the subcontractors have been brought up to date on their payments. Motion passed 4 to 0. (c) It was moved by Councilmember Tetens, seconded by Councilmember Mack, that Estimate No. 8, G. R. Grier, Inc., for expansion of Barry Rose and Longwood Wastewater Treatment Facilities and Twin Creek Woods Lift Station Project, in the amount of $282,217.00 be approved and payment made from the appropriate funds. Motion passed 4 to 0. (d) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Estimate No. 7, G & C Utilities, Inc., for work completed on drainage improvements in Sherwood I & II, Westminister and Nottingham Subdivisions, in the amount of $15,670.80 be approved and payment made from the appropriate funds. Motion passed 4 to 0. (e) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Invoice No. 4655, Langford Engineering, Inc., for engineering services _ concerning expansion of Barry Rose and Longwood Wastewater Treatment facilities and Twin Creek Woods Lift Station, in the amount of $1,473.66 be approved and payment made from the appropriate funds. Motion passed 4 to 0. OTHER. BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:11 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 267 SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: (1) Article 1269m V. A. T.C.S. SUBSECTION (g) PERSONNEL - (1) Appointment of Member to Library Board, (2) Items Relating to Council Appointees MEETING RETURNED TO OPEN SESSION AT 10:20 P. M. - NO ACTION TAKEN. ADJOURN The meeting adjourned at 10:20 P. M. Minutes approved as submitted and/or corrected this day of A. D., 1986. Mayor ATTEST: City Se retary