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1986-06-09 CITY COUNCIL REGULAR MEETING MINUTES�r7n MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 9, 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 Councilmember Stella Roberts Councilmember Richard Tetens Councilmember James Bost Councilmember Charles Mack Assistant City Manager Gary Jackson City Attorney Luke L. Daniel City Secretary Kay Krouse Absent from the meeting: Councilmember/Mayor Pro Tem Dennis Frauenberger INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by Councilmember Richard Tetens. APPROVAL OF MINUTES It was moved by Councilmember Bost, seconded by Councilmember Tetens, that the Minutes of the Regular Meeting of May 27, 1986, be approved as submitted. Motion passed 4 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the Minutes of the Joint Public Hearing on June 2, 1986, be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid recognized from the audience Mr. Ray Gayle, Jr., Chief Appraiser, Brazoria County Appraisal District. COUNCIL ACTIVITY REPORTS Councilmember Roberts reported that Marshall, Texas has won first place in the Governor's Community Achievement Award in our population category. We were notified by Keep Texas Beautiful Board that Pearland will be honored as a top finalist at the Governor's Community Achievement Awards Luncheon in Austin. DEPARTMENTAL REPORTS Assistant City Manager Gary Jackson reported that last Friday we took substantial completion on our new Public Safety Facility. There are still some things to patch up and clean up but we hope to give final approval on or about the first week in July. Public Works Director Bill Thomasset advised Council on the process used in adding chemicals to the drinking water for the city. We have started using polyphosphate to control red water at a cost of $1000 a month. Hopefully it will greatly reduce the amount of flushing we have to do and also reduce the dirty water complaints. We will try this for six months and see if we have saved money, Mr. Thomasset said. CITIZENS: None DOCKETED PUBLIC HEARINGS: None CHANGE IN ORDER OF BUSINESS 271 NEW BUSINESS REQUEST OF WILLIAM E. WOLFF FOR SPECIFIC USE PERMITS FOR ANY OR ALL OF THE FOLLOWING: SP -1, AGRICULTURAL ANIMAL HUSBANDRY; SP -2, FARM ACCESSORY BUILDING; SP -3, RADIO OR TELEVISION OR MICROWAVE TOWERS; AND SP -4, PRIVATE GUN CLUB - SKEET SHOOTING AND TRAP, IN A MULTI -FAMILY DISTRICT FOR TRACTS A B D E BEING A PART OF TRACT 162 OF THE SUBDIVISION OF THE H T & B RR COMPANY SURVEY NO. 28, ABSTRACT 551, BRAZORIA COUNTY, TEXAS (18.98 ACRES) Mayor Reid advised that the SP -4 request for Private Gun Club - Skeet Shooting and Trap had been withdrawn by Mr. Wolff. City Attorney Luke Daniel detailed the action taken by the Planning and Zoning Commission at their meeting on June 2. Mayor Reid read the following letter from the Planning and Zoning Commission: June 6, 1986 The Honorable Mayor and City Council City Hall P. 0. Box 2068 Pearland, Texas 77588 Re: Specific Use Applications, William E. Wolff, Owner At the Regular Meeting of June 2, 1986, the Planning and Zoning Commission considered four (4) Specific Use Permits in a Multi -family District by William E. Wolff for Tracts A B D E being a part of Tract 162 of the Subdivision of the H T & B RR Company Survey No. 28, Abstract 551, Brazoria County, Texas (18.98 acres) with the following results: Application No. SP -1, Agricultural Animal Husbandry Al Lentz made a motion that Specific Use Application No. SP -1 be approved for Council's consideration providing that the Agricultural Animal Husbandry Use conform to present and future animal control ordinances of the City of Pearland. William Teasdale seconded the motion. Motion passed 7-0. Application No. SP -2, Farm Accessory Building After discussing various items relating to the size of buildings and distance from property lines, Jack Tyler made a motion that Specific Use Permit No. SP -2 be approved for Council's consideration providing the building and/or buildings not exceed the total of 6,000 sq. ft. and be no closer than 200 feet south from the north property line. Al Lentz seconded the motion. Motion passed 7-0. Application No. SP -3, Construction of Radio or Television or Microwave Towers After a discussion regarding the crash zone of the tower, Al Lentz made a motion that Specific Use Permit No. SP -3 be approved for Council's consideration providing the permit shall be limited to no more than two (2) towers and each tower must be FAA Approved. In regards to the crash zone, the towers must have approved engineered plans by a qualified engineer, showing that the crash zone will be limited within the property lines. Al Klosterman seconded the motion. Motion passed 7-0. Application No. SP -4, Private Club for Skeet and Trap Shooting -- After much deliberation concerning the definition of "Private Club" and discharge of firearms not permitted in the City of Pearland, proximity to the adjacent properties and activities associated with this particular use. Mr. Wolff withdrew Application No. SP -4 in order to pursue an interpretation and/or intention of the Land Use and Urban Development Ordinance from the Zoning Board of Adjustments regarding the defi- niton of "Private Club" and the amusement commercial outdoor description. The Planning and Zoning Commission is presenting this for Council's consideration. /s/ Leroy Savoie, Chairman Planning and Zoning Commission LS/dl 272 It was moved by Councilmember Bost, seconded by Councilmember Mack, that Application No. SP -1, Agricultural Animal Husbandry be approved with the recommendations as presented by the Planning and Zoning Commission. Motion passed 4 to 0. It was moved by Councilmember Mack,. seconded by Councilmember Bost, that Application No. SP -2, Farm Accessory Building be approved in accordance with the stipulations of the Planning and Zoning Commission. Motion passed 4 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Application No. SP -3, Radio or Television or Microwave Towers be approved with the recommendations as presented by the Planning and Zoning Commission. Motion passed 4 to 0. It was moved by Councilmember Mack, seconded by Councilmember Bost, that the City Attorney be instructed to prepare the necessary amendments to the ordinance concerning Application Nos. SP -1, SP -2 and SP -3. Motion passed 4 to 0. CHALLENGING 1986 TAX ROLL UNDER CATEGORY A (RESIDENTIAL) AND APPROVING OTHER MATTERS RELATED THERETO Tax Collector Barbara Lenamon advised Council that as she reported at the last meeting, it seems we will be losing about $21 million in values this year because of the decrease in values by the Brazoria County Appraisal District. She had included in the Council packets a list of each taxing jurisdiction showing 1985 values and preliminary 1986 values; a.list of 96 recent sales in our city showing 185 and '86 values and the sales price; and a list of '85 & 186 values on homes owned by our elected officials, appointments and some staff members. Ms. Lenamon said she feels that the lower values do not reflect current market value in our City and we have a right to challenge these values before the Board of Review by June 17. J. R. Gayle, Jr., Chief Appraiser for the Brazoria County Appraisal District, informed Council that they follow a mass appraisal procedure mandated by the State. He, along with three members of his. staff, explained this procedure used in calcu- lating the 1986 values and answered questions from Council and City Staff. It was moved by Councilmember Bost, seconded by Councilmember Tetens, for Council to support Staff action on whether or not to challenge the 1986 values. Motion passed 4 to 0. UNFINISHED BUSINESS . ORDINANCE NO. 513, ORDINANCE ADOPTING FIRE CODE AND LIFE SAFETY CODE Ordinance No. 513 read in caption by Councilmember Tetens. (Second Reading) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Ordinance No. 513 be passed and approved on the second and final reading. 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 Roberts, Councilmember Tetens, Councilmember Bost and Councilmember Mack. Voting "No" - None. Motion passed 4 to 0. 273 ORDINANCE NO. 514, ORDINANCE PROHIBITING GLASS CONTAINERS IN PARK Ordinance No. 514 read in caption by Councilmember Roberts. (Second Reading) It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Ordinance No. 514 be passed and approved on the second and final reading. 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 Tetens, and Councilmember Roberts. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 509-1, ORDINANCE AMENDING LAND USE AND URBAN DEVELOPMENT ORDINANCE, LAND USE DISTRICTMAP 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 Mack. (Second Reading) It was moved by Councilmember Mack, seconded by Councilmember Bost, that Ordinance No. 509-1 be passed and approved on the second and final reading. 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. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Bost, and Councilmember Mack. Voting "No" - None. Motion passed 4 to 0. (a) MOTION TO REMOVE FROM TABLE APPROVAL OF APPLICATION FOR PAYMENT NO. 10, LEBCO It was moved by Councilmember Bost, seconded by Councilmember Tetens, to remove from table approval of Application for Payment No. 10, LEBCO Constructors. Motion passed 4 to 0. (b) APPROVAL OF APPLICATION FOR PAYMENT NO. 10, LEBCO CONSTRUCTORS, FOR CONSTRUCTION OF PUBLIC SAFETY FACILITY, IN THE AMOUNT OF $65,967.40 Assistant City Manager Gary Jackson explained that the $65,967.40 is not inclusive of the 10% retainage that we still will be holding. Before this retainage is paid the contractor will have to certify that all subcontractors are paid and he would recommend approval of this invoice. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Application for Payment No. 10, LEBCO Constructors, for construction of the Public Safety Facility, in the amount of $65,967.40, be approved and payment made from the appropriate funds. Motion passed 4 to 0. NEW BUSINESS (CONTINUED,) �1— 4 ORDINANCE NO. 509-2, ORDINANCE AMENDING LAND USE AND URBAN DEVELOPMENT ORDINANCE, LAND USE DISTRICT NAP FROM CLASSIFICATION RESIDENTIAL (R-1) TO NEIGHBORHOOD SERVICE DISTRICT (NS), APPLICATION NO. 3, ANTHONY AND VIRGINIA VENTO, OWNERS Ordinance No. 509-2 read in caption by Councilmember Bost. (First Reading) It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Ordinance No. 509-2 be passed and approved on the first of two readings. Said Ordinance No. 509-2 reads in caption as follows: ORDINANCE NO. 509-2 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.. Voting "Aye" - Councilmember Mack, Councilmember Bost, Councilmember Tetens, and Councilmember Roberts. Voting "No" - None. Motion passed 4 to 0. AUTHORIZATION FOR MAYOR TO EXECUTE LEASE/PURCHASE CONTRACT BETWEEN CITY OF PEARLAND AND PEARLAND STATE BANK FOR GARBAGE TRUCKS It was moved by Councilmember Tetens, seconded by Councilmember Bost, that the City Council authorize the Mayor to execute the Lease/Purchase Contract between the City of Pearland and Pearland State Bank for garbage trucks. Motion passed 4 to 0. APPOINTMENT OF MEMBER TO LIBRARY BOARD TO FILL UNEXPIRED TERM OF HAROLD TRAVIS Mayor Reid advised that the Personnel Committee has contacted Mr. Ed Fondren, 4010 Shadycrest, and he has agreed to serve on the Library Board. It was moved by Councilmember Tetens,. seconded by Councilmember Bost, that Ed Fondren be appointed to fill the unexpired term, vacated by Harold Travis, on the Library Board. Motion passed 4 to 0. EXCUSED ABSENCE FOR COUNCILMEMBER DENNIS FRAUENBERGER FROM REGULAR MEETING OF JUNE 9, 1986 It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Councilmember Dennis Frauenberger be excused from the regular meeting of June 9, 1986. Motion passed 4 .to 0. ORDINANCE NO. 224-7, ORDINANCE ADOPTING SOUTHERN BUILDING CODE,.1985 EDITION Ordinance No. 224-7 read in caption by Councilmember Tetens. (First Reading) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Ordinance No. 224-7 be passed and approved on the first of two readings. Said Ordinance No. 224-7 reads in caption as follows: ORDINANCE NO. 224-7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY CODE OF ORDINANCES BY ADOPTING THE SOUTHERN STANDARD BUILDING CODE, 1985 EDITION, WITH REVISIONS, AND FURTHER MAKING AMENDMENTS, MODIFICATIONS AND ADDITIONS THERETO; PROVIDING A PENALTY; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. 275 Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Bost and Councilmember Mack. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 258-1, ORDINANCE ADOPTING SOUTHERN STANDARD MECHANICAL CODE, 1985 EDITION Ordinance No. 258-1 read in caption by Councilmember Roberts. (First Reading) It was moved by Councilmember Roberts, seconded by Councilmember Bost, that Ordinance No. 258-1 be passed and approved on the first of two readings. Said Ordinance -No. 258-1 reads in caption as follows: ORDINANCE NO. 258-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 7-51 AND CREATING A NEW SECTION 7-51.1 OF THE CITY CODE OF ORDINANCES, BY ADOPTING THE SOUTHERN STANDARD MECHANICAL CODE, AND MAKING CERTAIN AMENDMENTS, MODIFICATIONS, ADDITIONS AND DELETIONS THERETO; PROVIDING A PENALTY FOR VIOLA- TION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PRO- VIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmember Mack, Councilmember Bost, Councilmember Tetens, and Councilmember Roberts. Voting "No" - None. Motion passed 4 to 0. CHANGE ORDER NO. 1, SKRLA, INC., 1986 STREET REHABILITATION PROGRAM, IN THE AMOUNT OF $7,351.09 i It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Change Order No. 1, Skrla, Inc., for 1986 Street Rehabilitation Program, in the amount of $7,351.09 be approved and payment made from the appropriate funds. Motion passed 4 to 0. BID NO. B86-14, CLEANING, TELEVISING AND LINING OF APPROXIMATELY 350 FEET OF SANITARY SEWER LINE ON OLD ALVIN ROAD Council reviewed the following bids: DESCRIPTION BIDDER BIDDER BASE BID (INSITUFORM) NAYLOR SHUR-FLO TOTAL - SECTION A $36,056.25 NO BID TOTAL - SECTION B 14,970.00 NO BID TOTAL BASE BID $51,026.25 NO BID ALTERNATE BID (SLIPLINING) NAYLOR SHUR-FLO TOTAL - SECTION A NO BID $15,497.50 TOTAL - SECTION B NO BID 8,000.00 TOTAL ALTERNATE BID NO BID $23,497.50 276 Public Works Director Bill Thomasset informed Council that this project asked for bids using insituform or sliplining; either method would work for this project, and he would recommend the low bid, using sliplining. It was moved by Councilmember Bost, seconded by Councilmember Mack, that Bid No. B86-14 be awarded to Shur -Flo in the amount of $23,497.50 and payment made from the appropriate funds. Motion passed 4 to 0. APPROVAL OF INVOICE FROM LANGFORD ENGINEERING It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Invoice No. 4695, 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 $1,358.18 be approved and payment made from the appropriate funds. Motion passed 4 to 0. ORDINANCE NO. 515, ORDINANCE EXTENDING MORATORIUN ON OFF -PREMISE AND BILLBOARD SIGNS FOR AN ADDITIONAL NINETY DAYS AND DECLARING AN EMERGENCY Councilmember Bost advised that the Sign Ordinance Review Committee has met several times and they have currently sent the last recommendations to the legal counsel for review; and that he feels the extension of the moratorium is most appropriate at this time. Ordinance No. 515 read in caption by Councilmember Frauenberger. (First and Only Reading) It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Ordinance No. 515 be passed and approved on the first and only reading. Said Ordinance No. 515 reads in caption as follows: ORDINANCE NO. 515 AN ORDINANCE EXTENDING THE MORATORIUM ON BILLBOARDS AND OFF -PREMISE SIGNS, ESTABLISHED BY ORDINANCE NO. 506, FOR A PERIOD OF NINETY DAYS; DECLARING AN EMERGENCY PURSUANT TO SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS AND PROVIDING AN EFFECTIVE DATE. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Bost, and Councilmember Mack. Voting "No" - None. Motion passed 4 to 0. OTHER BUSINESS Mayor Reid advised that there is no requirement for an Executive Session at this meeting. The meeting adjourned at 9:35 P. M. Minutes approved as submitted and/or corrected A. D., 1986. ATTEST: r City S cretary this 413 day of Mayor