1986-07-28 CITY COUNCIL REGULAR MEETING MINUTES290
XMNES OF A RE{ II.AR MWMG OF THE CITY COUNCIL OF 7tE CITY OF PEAR AM, TEXAS, HELI
ON JULY 28, 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 Stella Roberts
Councilmember James Bost
Councilmember Charles Mack
City Manager Ronald J. Wicker
City Attorney Luke L. Daniel
City Secretary Kay Krouse
Councilmember Richard Tetens absent from the meeting.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Councilmember James Bost. The Pledge of Allegiance was
led by Councilmember Charles Mack.
APPROVAL OF NINUT'ES
It was moved by Councilmember Bost, seconded by Councilmember Frauenberger, that the
Minutes of the Regular Meeting of July 14, 1986, be approved as submitted.
Motion passed 4 to 0. ••-.,
MAYOR'S ACTIVITY REPORT
Mayor Reid advised we are currently in the process of adopting a number of Southern
Standard building codes, updating some of our ordinances and adopting new ones.
Mayor Reid recommended that City Staff review all of the structures of our present
boards, then meet to hear evidence of appeals or adjustments to these codes and bring
back to Council their recommendation of the board structures, possibility of
combining some of these boards and potential membership.
Mayor Reid recognized from the audience several government students from San Jacinto
College.
Mayor Reid announced the call of a Special Meeting for Monday, August 4, 1986, at
7:30 P. M.
ORDINANCE NO. 517, 01MM NCE ADOPTING THE SO[R4iERN STANDARD P11NWVG CODE
Ordinance No. 517 read in caption by Councilmember Mack. (Second Reading)
It was moved by Councilmember Mack, seconded by Councilmember Bost, that Ordinance
No. 517 be passed and approved on the second and final reading. Said Ordinance No.
517 reads in caption as follows:
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ORDINANCE NO. 517
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
SECTION 23-1 AND CREATING A NEW SECTION 23-1.1 OF THE CITY CODE OF
ORDINANCES, BY ADOPTING THE SOUTHERN STANDARD PLUMBING CODE, 1985
EDITION, AND MAKING CERTAIN AMENDMENTS, MODIFICATIONS, ADDITIONS AND
DELETIONS THERETO; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS
CLAUSE; HAVING A REPEALER CLAUSE AND SPECIFICALLY REPEALING SECTIONS 23-2
THROUGH 23-149 OF THE CITY CODE; PROVIDING FOR CODIFICATION, PUBLICATION
AND AN EFFECTIVE DATE.
Voting "Aye" - Councilmember Roberts, Councilmember Frauenberger, Councilmember Bost
and Councilmember Mack.
Voting "No" - None.
Motion passed 4 to 0.
CITIZENS
Mr. Dave Miller, Pearland Properties, on behalf of Jerome G. Feldman Interests,
Developer, extended an invitation to the City of Pearland, Mayor and City Council,
Members of the Planning and Zoning Commission, and members of the City Engineering
and Permit Departments, to attend the Grand Opening and Ribbon Cutting ceremony for
Pearland Pavilion Subdivision, formerly the old Pearland Airport, at 10:00 A.M. on
August 1, 1986.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS (CONTINUED)
ORDRW= NO. 518, MINANCE ADOPTIM THE SOUMW STANDARD GAS CODE
Ordinance No. 518 read in caption by Councilmember Bost. (Second Reading)
It was moved by Councilmember Bost, seconded by Councilmember Frauenberger, that
Ordinance No. 518 be approved on second and final reading. Said Ordinance No. 518
reads in caption as follows:
FINANCE NO. 518
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
SECTION 23-161 AND CREATING A NEW SECTION 23-161.1 OF THE CITY CODE OF
ORDINANCES, BY ADOPTING THE SOUTHERN STANDARD GAS CODE, 1985 EDITION, AND
MAKING CERTAIN AMENDMENTS, MODIFICATIONS, ADDITIONS AND DELETIONS THERE-
TO; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; HAVING A
REPEALER CLAUSE AND SPECIFICIALLY REPEALING SECTIONS 23-162 THROUGH
23-188 OF THE CITY CODE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
Voting "Aye" - Councilmember Mack, Councilmember Bost, Councilmember Frauenberger,
and Councilmember Roberts.
Voting "No" - None.
Motion passed 4 to 0.
NEW BUSINESS
CITY ACCEPTANCE OF PEARLAND PAVILION SUBDIVISION STREETS, WATER SYSTEM, SANITARY
SEWER SYSTEM AND DRAINAGE
City Manager Ron Wicker explained this item was put on the agenda at the very last
minute Friday. We were assured that everything would be in order but there still may
be some question as far as inspection is concerned. Bill Thomasset, Director of
Public Works, stated that as of this time we do not have a maintenance bond but we
have been told it will be forthcoming; the water system has to be disinfected because
of a water line breakdown last Friday and we should be getting the results of the
water samples this week. There are a couple of curb breaks and dirty streets, all of
which the subdivision could be accepted contingent upon completion of these items.
City Manager Ron Wicker stated there is another question that has come up recently
which we need to address, that being the legal action taken by Houston Helicopters
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which had temporarily shut down work on South Galveston Street. Mr. Wicker said he
would like the opinion of the City Attorney concerning, if we accept the subdivision
for City ownership, our assumption of liability as such. City Attorney Luke Daniel
remarked that because this was a late item placed on the agenda, he has not had time
to review the merits of the court case, inspect the pleadings or inspect the grounds
for the cause of action. It is his assumption, however, that if the City accepted
the streets, the streets would no longer belong to Feldman Interests. They would
belong to the City of Pearland and if there were any follow-up legal action or any
further lawsuit, the City of Pearland would be involved. Therefore, he would like
more time to look into this problem.
It was moved by Councilmember Bost, seconded by Councilmember Roberts, that this item
be passed until the special meeting next Monday night.
It was pointed out that four items need to be resolved; those being the maintenance
bond, the results of the water samples, the curb breaks, and the lawsuit item.
Motion passed 4 to 0.
ORDINANCE NO. 519, ORDINANCE ADOPTING SOUTHERN STANDARD UNSAFE BUILDING ABATEMENT
CODE, 1985 EDITION WITH MMIFICATIONS
Ordinance No. 519 read in caption by Councilmember Roberts. (First Reading)
It was moved by Councilmember Roberts, seconded by Councilmember Frauenberger, that
Ordinance No. 519 be approved on the first of two readings. Said Ordinance No. 519
reads in caption as follows:
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ENACTING
A NEW ARTICLE V. OF CHAPTER 7 (BUILDING) OF THE CODE OF ORDINANCES OF THE
CITY, BY ADOPTING THE SOUTHERN STANDARD UNSAFE BUILDING ABATEMENT CODE;
1985 EDITION, AND MAKING CERTAIN AMENDMENTS, MODIFICATIONS, ADDITIONS AND
DELETIONS THERETO; PROVIDING FOR CODIFICATION AT SECTIONS 7-61 AND 7-61.1
OF SAID ARTICLE WITHIN SAID CODE; PROVIDING A PENALTY FOR VIOLATION; HAV-
ING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR PUBLICATION
AND AN EFFECTIVE DATE.
Voting "Aye" - Councilmember Roberts, Councilmember Frauenberger, Councilmember Bost,
and Councilmember Mack.
Voting "No" - None.
Motion passed 4 to 0.
ORDINANCE NO. 520, ORDINANCE ADOPTING SOUTHERN STANDARD SWIMMING POOL CODE, 1985
EDITION WITH MMIFICATIONS
Ordinance No. 520 read in caption by Councilmember Frauenberger. (First Reading)
It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that
Ordinance No. 520 be passed on the first of two readings. Said Ordinance No. 520
reads in caption as follows:
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, CREATING A NEW SECTION 7-26 AMID 7-26.1 OF THE CITY
CODE OF ORDINANCES, BY ADOPTING THE SOUTHERN STANDARD
SWIMMING POOL CODE, 1985 EDITION, AND MAKING CERTAIN
AMENDMENTS, MODIFICATIONS; ADDITIONS AND DELETIONS THERE-
TO; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS
CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICA-
TION, PUBLICATION AND AN EFFECTIVE DATE.
Voting "Aye" - Councilmember Mack, Councilmember Bost, Councilmember Frauenberger,
and Councilmember Roberts.
Voting "No" - None.
Motion passed 4 to 0.
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It was pointed out by City Attorney Luke Daniel that included in this ordinance is a
provision whereby the Building Code Board of Adjustments and Appeals is empowered to
hear appeals arising out of the swimming pool code as opposed to having a separate
swimming pool code board.
r ,`t r ••;FNE C30DI Or •• ID+ M&IVO It N ••
City Manager Ron Wicker explained that a survey of fees had been made of cities in
the greater Houston area and also provided, for Council review, was a breakdown of
actual fees that were paid to the City for zone change applications versus the cost
to process these applications. In each case, the City did not recover the full cost
of processing these applications. He is recommending that the fees charged should be
$250.00 for each application.
It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts, that
the fees to be charged under the Land Use and Urban Development Ordinance No. 509, as
listed in a memo to Ronald J. Wicker, City Manager from Kay Krouse, City Secretary,
dated July 24, 1986, be adopted as presented, with fees being:
Variance requests $250.00
Specific Use permits 250.00
Zane change requests 250.00
Motion passed 4 to 0.
Public Works Director Bill Thomasset informed Council that the recommended fees were
in line with similar fees of other municipalities in the area.
It was moved by Councilmember Mack, seconded by Councilmember Bost, that Council
approve the fee schedule as recommended in memo to City Manager Ron Wicker by Bill
Thomasset, Public Works Director; the supplementary fee schedule to be utilized with
the Southern Standard Plumbing Code, 1985 Edition, being:
Application
$15.00
Sewer Collection System
15.00
Water Distribution System
5.00
Tank to 1000 gallons
20.00
Tank to 6000 gallons
30.00
Tank to 15,000 gallons
45.00
Tank to 30,000 gallons
60.00
Tank over 30,000 gallons
75.00
Sprinkler heads to 25
10.00
Sprinkler heads to 50
20.00
Sprinkler heads over 50
.20 each
Fixtures
2.50 each
Septic system
25.00
Grease trap
15.00
Sampling well
10.00
Manhole
10.00
Storm sewer system
50.00
Roof drain
2.00 each
Reinspections
25.00
Motion passed 4 to 0.
It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts, that
the supplementary fee schedule to be utitlized with the Southern Standard Gas Code,
1985 Edition, listed in a memo to Ron Wicker from Bill Thomasset be approved in the
amounts of:
Application $15.00
Central heating plant 25.00
Gas distribution system 10.00
Fixtures 2.50 each
Reinspection 25.00
Motion passed 4 to 0.
'Q4
EXCUSED ABSENCE FOR COUNCILMEMBER RICHARD TETENS FROM RB(XII,,AR MEETIMG OF JULY 28,
1986
It was moved by Councilmember Roberts, seconded by Councilmember Mack, that Council
excuse the absence of Councilmember Richard Tetens from regular meeting of July 28,
1986.
Motion passed 4 to 0.
ORDINANCE NO. 521, ORDINANCE ADOPTIM 9OUT[M N STANDARD HOUSING CODE, 1985 EDITION
WITH MODIFICATIONS
Ordinance No. 521 read in caption by Councilmember Roberts. (First Reading)
It was moved by Councilmember Roberts, seconded by Councilmember Bost, that Ordinance
No. 521 be approved on the first of two readings. Said Ordinance No. 521 reads in
caption as follows:
ORDINANCE N0. 521
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
CREATING A NEW SECTION 7-31 AND 7-31.1 OF THE CITY CODE OF
ORDINANCES, BY ADOPTING THE SOUTHERN STANDARD HOUSING CODE, 1985
EDITION, AND MAKING CERTAIN AMENDMENTS, MODIFICATIONS, ADDITIONS
AND DELETIONS THERETO; PROVIDING A PENALTY FOR VIOLATION; HAVING
A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODI-
FICATION, PUBLICATION AND AN EFFECTIVE DATE.
Voting "Aye" - Councilmember Roberts, Councilmember Frauenberger, Councilmember Bost,
and Councilmember Mack.
Voting "No" - None.
Motion passed 4 to 0.
TO BID SANITARY LANDFILL PIT EXCAVATION AND LINING
City Manager Ron Wicker explained we are again at the point where we are quickly
ranning out of space in our landfill pit. We are needing to proceed with the bidding
of the excavation and lining of a new pit which will be the largest one we've bid.
We are hoping this pit will last longer than the previous ones and we are requesting
authorization to bid same.
It was moved by Councilmember Mack, seconded by Councilmember Bost, that the Staff be
authorized to go out for bids on sanitary landfill pit excavation and lining.
Motion passed 4 to 0.
ADJUSTMENT TO THE 1985/86 BUDGET
City Manager Ron Wicker explained that in the sanitation budget for 1985-86 there
were some $100,000 budgeted for two rear -loading residential garbage trucks. These
trucks were purchased on a lease -purchase agreement and we received the trucks late,
so as a result we ended up with some $80,000 in unexpended funds for these trucks.
In order to minimize the impact of capital expenditures on the 1986-87 budget, we are
asking for the budget to be amended appropriately so that we can go out for bids now
on one new side -loading commercial truck which we need badly to help handle our
growing commercial accounts.
It was moved by Councilmember Bost, seconded by Councilmember Frauenberger, that we
make the necessary amendment to the 1985/86 Budget to permit the purchase of one
side -loading commercial garbage truck this year.
i
Motion passed 4 to 0.
AUTIMZATION TO BID ONE SIDE -LOADING, REFUSE TRUCK
It was moved by Councilmember Bost, seconded by Councilmember Mack, that Council
authorize the Staff to go out for bids on one side -loading refuse truck.
Motion passed 4 to 0.
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KA y M i;' ON # i i . 11 Fi '1 'E 01 N im • 4 M' 11 N 11
City Manager Ron Wicker explained that in the 1985-86 Revenue Sharing Budget we had
anticipated purchasing one piece of patching equipment which could be used through-
out the City. The $15,000.00 set aside for this equipment has not been expended and
we are asking for authorization to bid the equipment.
It was moved by Councilmember Roberts, seconded by Councilmember Mack, that Council
authorize the Staff to bid an asphaltic concrete street patching machine under this
year's budget at this time.
Motion passed 4 to 0.
i
APPRUVAL OF THE FOLIDWD G IMICES:
(a) It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts,
that Invoice No. 4732, 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 $907.29 be
approved and payment made from the appropriate funds.
Motion passed 4 to 0.
(b) It was moved by Councilmember Frauenberger, seconded by Councilmember Mack,
that Estimate No. 2, Skrla, Inc., for 1986 Street Maintenance Program, in the
amount of $21,852.98 be approved and payment made from the appropriate funds.
Motion passed 4 to 0.
(c) It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts
that Estimate No. 1, Shur -Flo, Inc., for cleaning, televising and lining a
section of Old Alvin Road sanitary sewer line, in the amount of $16,647.75, be
approved and payment made from the appropriate funds.
Motion passed 4 to 0.
(d) It was moved by Councilmember Frauenberger, seconded by Councilmember Bost,
that Estimate No. 10, 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 $335,442.00 be approved and payment made from the
appropriate funds.
Motion passed 4 to 0.
(e) It was moved by Councilmember Frauenberger, seconded by Councilmember Mack,
that Invoice No. 9429, Dansby & Miller, ASA Architects, for inspection
services at new City Hall, in the amount of $1,729.76 be approved and payment
made from the appropriate funds.
Motion passed 4 to 0.
(f) It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts,
that Application for Payment No. 2, LOSCO, Inc., for construction of new City
Hall, in the amount of $138,010.30 be approved and payment made from the
appropriate funds.
Motion passed 4 to 0.
(g) It was moved by Councilmember Frauenberger, seconded by Councilmember Mack,
that invoice from Christopher Di Stefano & Associates, Inc. for supervision on
construction of Public Safety Building, in the amount of $2,966.08 be approved
and payment made from the appropriate Hands.
In Council discussion, it was pointed out that this was final payment to the
architect; therefore, it might be prudent to delay payment until the
contractor has completed this project to the City's satisfaction. It was
moved by Councilmember Frauenberger, seconded by Councilmember Roberts, to
table motion for payment to Christopher Di Stefano & Associates, Inc.
Motion passed 4 to 0.
(h) It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts,
that Application for Payment No. 11, LEBCO Constructors, for construction of
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Public Safety Facility, in the amount of $28,024.00 be approved and payment
made from the appropriate funds.
Motion passed 4 to 0.
(i) It was moved by Councilmember Frauenberger, seconded by Councilmember Mack,
that Invoice from Walsh Engineering for engineering services on survey, design
and construction of drainage outfalls associated with the F. M. 518 widening
project; intersection improvements, Old Alvin Road and Walnut -Barry Rose Road,
in the amount of $6,495.93 be approved and payment made from the appropriate
funds. -
Motion passed 4 to 0.
(j) It was moved by Councilmember Frauenberger, seconded by Councilmember Bost,
that consideration on Application for Payment No. 12, LEBCO Constructors, be
passed to a future Council meeting.
Motion passed 4 to 0.
CONSOLIDATING THE GAS CODE BOARD OF ADJUSTMENTS AND APPEALS AND THE PLUMBING CODE
BOARD OF ADJUSTMENTS AND APPEALS
It was moved by Councilmember Mack, seconded by Councilmember Bost, that Council
consolidate the Gas Code Board of Adjustments and Appeals and the Plumbing Code Board
of Adjustments and Appeals.
Motion passed 4 to 0.
APPOINTMEN1' OF MENS TO THE GAS AND PLUMBING CODE BOARD OF ADJUSTMENTS AND APPEALS
FOR A FOUR-YEAR TERM
It was moved by Councilmember Mack, seconded by Councilmember Bost, that Alvin
Pampell and Del Sears be appointed for a four-year term, expiring in August, 1990,
and the continued service of A. V. Jolley, Walter Besser and Gary Shriver be
reaffirmed, all serving on the Gas and Plumbing Code Board of Adjustments and -
Appeals, and that the Supervisor of Inspection will no longer be the Ex -Officio
Member of the Board.
Motion passed 4 to 0.
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It was moved by Councilmember Bost, seconded by Councilmember Mack, that Mr. W. T.
McClelland and Mr. William Miller be reappointed to the Building Code Board of
Adjustments and Appeals for a four-year term.
Motion passed 4 to 0.
0THER BUSINESS
Mayor Reid advised there would be no requirement for an Executive Session this
meeting.
ADJOURN
The meeting adjourned at 8:50 P. M.
Minutes approved as submitted and/or corrected tt
G A. D., 1986.
ATTEST:
City Segretary