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1986-06-23 CITY COUNCIL REGULAR MEETING MINUTESnf7Q MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 23, 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/Mayor Pro Tem Dennis Frauenberger Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE Charles Mack James Bost Richard Tetens Stella Roberts Ronald J. Wicker Luke L. Daniel Kay Krouse The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by Jim Long, Scoutmaster of Troop No. 464. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Bost, that the Minutes of the Regular Meeting of June 9, 1986, be approved as submitted. Motion passed 4 to.0. Councilmember Frauenberger abstained. It was moved by Councilmember Frauenberger, seconded by Councilmember Tetens, that the Minutes of the Special Meeting of June 16, 1986, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid advised that the Board of Directors of Houston -Galveston Area Council recently appointed City Manager Ron Wicker to their Natural Resources Advisory Committee and Councilmember Stella Roberts to the Local Development Corporation, representing Brazoria County. COUNCIL ACTIVITY REPORTS Councilmember Tetens reported that the Review Committee of the Animal Control Ordinance met on June 10. Things are going well and he believes they will have a sample ordinance to go over at their next meeting. Mayor Reid recognized government students from San Jacinto College in the audience. DEPARTMENTAL REPORTS City Manager Ron Wicker reported the new Public Safety Facility on Veterans Drive is now in use; we are getting things in order and before too long we can have an open house. This new facility is something all Pearlanders can be proud of, he said. City Attorney Luke Daniel reported he will be moving this week into the office vacated by Chief Stanford in the City Hall building. CITIZENS 1. Mr. Jim Long, Scoutmaster of Troop 464, advised Council that his troop will be hosting again this year an International group of scouts and invited the Council and spouses to a scouting dinner in honor of this event on July 19. DOCKETED PUBLIC HEARINGS: None 279 CHANGE IN ORDER OF BUSINESS NEW BUSINESS ORDINANCE NO. 516, ORDINANCE RELATING TO RATES TO BE CHARGED BY HOUSTON LIGHTING AND POWER FOR ELECTRICAL SERVICE AND DECLARING AN EMERGENCY City Attorney Luke Daniel pointed out that back in April the Council passed a Resolution suspending rates of Houston Lighting and Power for 90 days and later the Council by Resolution joined the coalition of cities headed up by the City of Houston. Last Wednesday, the City of Houston, acting on the recommendation of their staff, granted a rate increase that was less than what HL&P had originally asked for. It is our understanding that HL&P is not objecting to the smaller increase. Ordinance No. 516 read in caption by Councilmember Frauenberger. (First and Only Reading) It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that Ordinance No. 516 be passed and approved on the first and only reading on an emergency basis. ORDINANCE NO. 516 AN ORDINANCE RELATING TO RATES TO BE CHARGED BY HOUSTON LIGHTING & POWER COMPANY FOR ELECTRIC UTILITY SERVICE WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, TEXAS; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A REPEALER AND FOR SEVER- ABILITY; AND DECLARING AN EMERGENCY. Voting "Aye" - Councilmember Mack, Councilmember Bost, Councilmember Frauenberger, Councilmember Tetens, and Councilmember Roberts. Voting "No" - None. Motion passed 5 to 0. UNFINISHED BUSINESS ORDINANCE NO. 509-2, ORDINANCE AMENDING LAND USE AND URBAN DEVELOPMENT ORDINANCE, LAND USE DISTRICT MAP 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 Tetens. (Second and Final Reading) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Ordinance No. 509-2 be passed and approved on second and final reading. 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 Roberts, Councilmember Tetens, Councilmember Frauenberger, Councilmember Bost, and Councilmember Mack. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 224-7, ORDINANCE ADOPTING SOUTHERN BUILDING CODE, 1985 EDITION Ordinance No. 224-7 read in caption by Councilmember Roberts. (Second and Final Reading) It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Ordinance No. 224-7 be passed and approved on the second and final reading. 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. Voting "Aye" - Councilmember Mack, Councilmember Bost, Councilmember Frauenberger, Councilmember Tetens, and Councilmember Roberts. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 258-1, ORDINANCE ADOPTING SOUTHERN STANDARD MECHANICAL CODE, 1985 EDITION Ordinance No. 258-1 read in caption by Councilmember Mack. (Second Reading) It was moved by Councilmember Mack, seconded by Councilmember Bost, that Ordinance No. 258-1 be passed and approved on the second and final reading. 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 VIOLATION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Frauenberger, Councilmember Bost, and Councilmember Mack. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS (CONTINUED) ORDINANCE NO. 509-3, ORDINANCE AMENDING LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT FOR AGRICULTURAL ANIMAL HUSBANDRY IN THE MULTI -FAMILY ZONING DISTRICT; WILLIAM E. WOLFF, OWNER Ordinance No. 509-3 read in caption by Councilmember Bost. (First Reading) It was moved by Councilmember Bost, seconded by Councilmember Frauenberger, that Ordinance No. 509-3 be passed and approved on the first of two readings. Said Ordinance No. 509-3 reads in caption as follows: ORDINANCE NO. 509-3 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT FOR AGRICULTURAL ANIMAL HUSBANDRY IN THE MF (MULTI -FAMILY) ZONING DISTRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmember Mack, Councilmember Bost, Councilmember Frauenberger, Councilmember Tetens, and Councilmember Roberts. Voting -"No" - None. 281 Motion passed 5 to 0. ORDINANCE NO. 509-4, ORDINANCE AMENDING LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR GRANTING OF A SPECIFIC USE PERMIT FOR FARM ACCESSORY BUILDING IN THE MULTI -FAMILY ZONING DISTRICT; WILLIAM E. WOLFF, OWNER Ordinance No. 509-4 read in caption by Councilmember Frauenberger. (First Reading) It was moved by Councilmember Frauenberger, seconded by Councilmember Mack, that Ordinance No. 509-4 be passed and approved on the first of two readings. Said Ordinance No. 509-4 reads in caption as follows: ORDINANCE NO. 509-4 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT FOR FARM ACCESSORY BUILDING IN THE MF (MULTI -FAMILY) ZONING DISTRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO -THE SUBJECT. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Frauenberger, Councilmember Bost, and Councilmember Mack. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 509-5, ORDINANCE AMENDING LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR GRANTING OF A SPECIFIC USE PERMIT FOR ERECTION OF RADIO, TELEVISION OR MICROWAVE TOWERS IN THE MULTI -FAMILY ZONING DISTRICT; WILLIAM E. WOLFF, OWNER Ordinance No. 509-5 read in caption by Councilmember Roberts. •(First Reading) It was moved by Councilmember Roberts, seconded by Councilmember Bost, that Ordinance No. 509-5 be passed and approved on the first of two readings. Said Ordinance No. 509-5 reads in caption as follows: ORDINANCE NO. 509-5 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT FOR ERECTION OF RADIO, TELEVI- SION OR MICROWAVE TOWERS IN THE MF (MULTI -FAMILY) ZONING DISTRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmember Mack, Councilmember Bost, Councilmember Frauenberger, Councilmember Tetens, and Councilmember Roberts. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION FOR MAYOR TO EXECUTE ORDER FOR ACCEPTANCE AND/OR USE OF "CONNECTING - LINK" ROAD FUNDS AVAILABLE FROM BRAZORIA COUNTY City Manager Ron Wicker explained that each year the City of Pearland has the benefit of some "connecting -link" road funds from Brazoria County in the approximate amount of $15,000. Last year the "connecting -link" road funds were moved to this year for a total of $30,000. We have completed our annual maintenance program on our roads and we anticipate next year having one project that should be. very expensive. As a result of that, we are recommending that the "connecting -link" road funds be moved and continued for one more year, so that next year we will have $45,000 available in funds from the County. It was moved by Councilmember Mack, seconded by Councilmember Bost, that the Mayor be authorized to execute order for acceptance and/or use of "connecting -link" road funds from Brazoria County and the past two year's funding be moved to the 1986-87 Budget Year. Motion passed 5 to 0. APPROVAL OF INVOICES (a) It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that invoice dated June 12, 1986, Underwood, Neuhaus & Co., for financial advisory services rendered in connection with issuance and sale of $4,500,000 City of Pearland Public Improvement Bonds., Series 1986, in the amount of $27,531.74 be approved and payment made from the appropriate funds. Motion passed 5 to 0. City Manager Ron Wicker pointed out that this is the fee charged in the sale of the bonds and the actual money to pay for this will come out of bonds proceeds. (b) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Invoice No. 9417, Dansby & Miller, AIA Architects, for inspection services (May) on new City Hall, in the amount of $807.24 be approved and payment made from the appropriate funds. Motion passed 5 to 0. (c) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Estimate No. 1, Skrla, Inc., for 1986 Street Rehabilitation Program, in the amount of $196,676.81 be approved and payment made from the appropriate funds. Motion passed 5 to 0. (d) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Estimate No. 9., 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 $319,159.00 be approved and payment made from the appropriate funds. Motion passed 5 to 0. AUTHORIZATION TO ENTER INTO INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE FOR LIABILITY INSURANCE COVERAGE City Manager Ron Wicker explained that in 1982 the City of Pearland entered into an agreement with Texas Municipal League for liability insurance coverage. The City Attorney advises that we renew this on a yearly basis and we are requesting tonight authorization for the City Manager to renew this liability insurance agreement through the interlocal agreement with the Texas Municipal League. It was moved by Councilmember Bost, seconded by Councilmember Mack, that the City Manager be authorized to enter into an interlocal agreement with Texas Municipal League for liability insurance coverage. Motion passed 5 to 0. COUNCIL APPROVAL TO BID MATERIALS FOR FORCE MAIN FROM TWIN CREEK WOODS TO BARRY ROSE SEWER PLANT City Manager Ron Wicker advised that one phase of our process of remodeling of the sewage treatment plants was to change the present sewage treatment plant at Twin Creek Woods and make it a lift station; the sewage collected at that point would be discharged via pressure line over to the Barry Rose sewage treatment plant. All provisions have been made at Barry Rose to accommodate this additional discharge. We are in the process of acquiring the right-of-way and we will be. installing the necessary pressure line. We are requesting authorization to proceed with bidding the materials necessary for the line to be installed with force account City crews. The estimate on this project is $110,000 which will be paid out of bond funds or Capital Recovery Fee funds. It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts, that the City Manager and Staff be authorized to advertise for bids on materials for force main from Twin Creek Woods to Barry Rose Sewer Plant. 283 Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:15 P. M. UNDER TERAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 - SUBSECTION (e) LEGAL - Contemplated and.Pending Litigation: (1) Article 1269m V.A.T.C.S.; (2) Condemnation for Proposed Force Main from Twin Creek Woods Lift Station to Barry Rose Sewage Treatment Plant. SUBSECTION (g) PERSONNEL - Discussion of City Manager's Removal of Police Chief and Appointment of Interim Police Chief. MEETING RETURNED TO OPEN SESSION AT 8:52 P. M. NEW BUSINESS (CONTINUED) AUTHORIZATION FOR CITY ATTORNEY AND CITY STAFF TO PROCEED WITH CONDEMNATION ON PROPERTY RELATING TO THE PROPOSED FORCE MAIN FROM TWIN CREEK WOODS LIFT STATION TO BARRY ROSE SEWAGE TREATMENT PLANT City Manager Ron Wicker pointed out that part of the overall project of improvements of our sewage treatment plants throughout the City was construction of a pressure line and conversion of the Twin Creek Woods sewer treatment plant into a lift station. This line would be an 8" pressure main located in the general vicinity of the anticipated right-of-way of the GAP freeway, as identified on our Comprehensive plan and planning done by the GAP organization. We are at a point where we have acquired approximately one-half of the right-of-way from the Twin Creek Woods Sewage Treatment Plant South and East towards the Barry Rose Sewage Treatment Plant. We have several tracts from Barry Rose back to the North and West that we still need to acquire. We are running out of time to negotiate for this and we need the authoriza- tion that if we can't negotiate in very quick order that we be able to go forward with condemnation on that same easement. ,-- It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that the City Attorney and City Staff be authorized to proceed with condemnation on property for necessary right-of-way to the proposed force main from Twin Creek Woods Lift Station to Barry Rose Sewage Treatment Plant. Motion passed 5 to 0. COUNCIL RATIFICATION OF CITY MANAGER'S REMOVAL OF POLICE CHIEF AND APPOINTMENT OF INTERIM POLICE CHIEF City Manager Ron Wicker advised that in the past week he had a situation that he felt he needed to deal with. He felt that there was a need for change in leadership within the Police Department. Based on that decision, he removed Glenn Stanford as Chief of Police with the City of Pearland and on an interim basis appointed Ron Coleman as Acting Chief. He will proceed within the next 60-90 days to accept appli- cations and r&sum&s and then make a recommendation to the City Council on the appointment of a full-time Chief of Police. He is asking at this point for Council concurrence of this action. City Attorney Luke Daniel pointed out that under the City Charter, Section 4.02 (a), it is necessary for the City Council, when it considers these matters, to approve or ratify the action of the City Manager in order for that to be complete. That applies to the hiring process and removal process. It was moved by Councilmember Mack, seconded by Councilmember Tetens, that the Council approve and ratify the City Manager's removal of the Police Chief, the City Manager's action being within the realm and scope of his authority as City Manager. Motion passed 5 to 0. It was moved by Councilmember Roberts, seconded by Councilmember Mack, that Council approve the City Manager's appointment of Ron Coleman as the interim or acting Chief of Police. Motion passed 5 to 0. It was mentioned that Ron Coleman has been with the Police Department for 12 years and has been serving as Captain. He was the first of three people from Pearland to attend the FBI Academy. 4 H • The meeting adjourned at 9:00 P. M. Minutes approved as submitted and/or corrected this %.� day of A. D., 1986. � w � Mayor ATTEST: �e� City Se retary