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1983-11-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 28, 1983, AT 7:30 P.M. IN THE CITY 'HALL, 2335 N. TEXAS AVE., PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Councilman/Mayor Pro Tem Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Charles R. Mack James E. Bost Al Lentz Dennis Frauenberger Terry Gray Ronald J. Wicker Bobby Williams (entered at 7:40 P.M.) Dorothy L. Cook The invocation was given by Mayor Reid. The Pledge of Allegiance was led by Director of Finance, Dorothy S. Thompson. APPROVAL OF MINUTES: It was moved by Councilman Frauenberger, seconded by Councilman Lentz that the minutes of a Special Meeting held on November 7, 1983, be approved as submitted. Motion passed 5 to 0. It was moved by Councilman Bost, seconded by Councilman Frauenberger that the minutes of the Regular Meeting held on November 14, 1983, be approved as submitted. - Motion passed 4 to 0. Councilman Mack abstained. MAYOR'S ACTIVITY REPORT: Mayor Reid reported that the Council inspected the new Library and Community Building at 6:00 P.M. and this item would be covered in a later agenda. DEPARTMENTAL REPORTS: City Manager Wicker reported that barricades are being removed from Dixie Farm Road, which is currently under construction. This could be very dangerous to the public and he asked that the newspaper give some publicity on this problem. Signs have been posted at both ends of the road to warn motorists that the road is closed for construction. COUNCIL ACTIVITY REPORTS: Councilman Frauenberger reported that a draft of the proposed policy for use of the Meeting Room in the new Community Center/Library has been prepared. He asked that the Council review this draft so this item may be considered on the next agenda. The regulations for the use of the Community Center/Library Building should also be on the next agenda. Mayor Reid asked Councilman Frauenberger and Councilman Gray to receive input from the Council and Staff and come up with a composite recommendation for the next Council meeting. Mayor Reid announced that the ribbon -cutting and open house of the new complex will be held on December 10, 1983 at 10:00 A.M. Mayor Reid recognized Councilwoman Newman from Friendswood who was present at the meeting. CITIZENS: None DOCKETED PUBLIC HEARINGS: None CHANGE IN ORDER OF BUSINESS NEW BUSINESS: PRESENTATION OF FINANCIAL REPORTING ACHIEVEMENT AWARD TO DOROTHY THOMPSON, CITY TREASURER AND RECEIPT OF CERTIFICATE OF CONFORMANCE IN FINANCIAL REPORTING: Mayor Reid read a letter dated October 20, 1983 from the Municipal Finance Officer's Association wherein they advised that an Award of Financial Reporting Achievement was en- closed for Dorothy S. Thompson, Treasurer of the City. The City also received a Cer- tificate of Conformance. Mayor Reid presented the Award of Financial Reporting Achieve- ment to Mrs. Thompson. SPECIFIC USE PERMIT REQUEST BY ROY AND MARGIE JONES - EDUCATIONAL ACADEMY ON 18 ACRES OFF DIXIE FARM ROAD: Mayor Reid read the following communication, dated November 23, 1983, from the Planning and Zoning Commission: November 23, 1983 THE HONORABLE MAYOR AND CITY COUNCIL CITY HALL PEARLAND, TEXAS Gentlemen: �. At their special meeting on November 22, 1983, the Planning and Zoning Commission considered a Specific Use Request by Roy and Margie Jones to build and operate a co- educational academy (private school) on eighteen acres of land off Dixie Farm Road. After discussion by the Commission, a motion was made by Leroy Savoie, seconded by Hardie Barr, that the Planning and Zoning Commission recommend to the City Council approval of the Specific Use Request by Mr. and Mrs. Jones to build and operate a co- educational academy. Motion carried 5-0. The Planning and Zoning Commission now presents this information to the City Council for their consideration. Yours truly, /s/ Richard F. Tetens Richard Tetens, Chairman Planning and Zoning Commission RT:kk Mr. Don Roberts,Architect for Roy and Margie Jones, presented a survey of 18 acres J to be used for this coeducational academy, and stated that the maximum enrollment would be 300 students with all activities conducted during the day. He stated that security would be provided by the school. A special Exhibit labeled "Application for Rezoning eight acres of Land for Specific Use - Easterwood Coeducational Academy, dated Novem- ber 16, 1983" had previously been presented to the Council. It was brought out that M• while this did show eight acres the amount of acreage for this facility was increased to 18 acres. The Request for Specific Use was amended on November 18, 1983, by a letter from Roy and Margie Jones. An inquiry by the Council regarding fencing was brought out and they were assured that the property would be fenced. City Manager Wicker advised that water .,was available to the property and sewer was on Highway 518 near Dixie Farm Road. It was moved by Councilman Lentz, seconded by Councilman Mack that a Specific Use Permit be granted the Easterwood Coeducational Academy, subject to compliance with all rules and regulations of the Subdivision Ordinance and the Exhibits A and B attached thereto; inclusion of a fence along the property line; the requirements contained in this Appli- cation for rezoning; including the Exhibit "Application for Rezoning..."; and that a plat be filed on the property. Motion passed 5 to 0. ACCEPTANCE BY THE CITY OF THE NEW LIBRARY AND COMMUNITY CENTER BUILDING: City Manager Wicker stated that at 6:00 P.M. the City Council, along with the Architect, made a visual inspection of the new facility. Mr. Miller, the Architect, has already made a punch list of things wrong and on inspection other things were found that needs correcting. Mr. Wicker stated that as long as the payment and performance bonds were effective we will likely find other things that need to be corrected. City Manager Wicker recommended that the City. Council accept this building. Mr. Miller advised that most of the items have been corrected, and he felt that Stone Construction Company has done a fine job on this building. It was moved by Councilman Gray, seconded by Councilman Frauenberger that the City accept the new Community Center/Library Building on Liberty Drive, subject to receipt of Certificate of Completion and Punch List. Motion passed 5 to 0. NO PARKING SIGNS ON HIGHWAY 35 FROM ORANGE STREET TO F.M. 518: City Manager Wicker stated that we have received complaints from the Pearland Body Shop regarding a traffic hazard existing next to their place of business on North Main. Pancamo Furniture Company is parking their large vans next door and blocking the view of oncoming traffic on Highway 35. Part of the property involved is State right-of-way, and part is private property. City Manager Wicker also stated that the Chief of Police has discussed this with Pancamo Furniture Company; however, has been unable to resolve the problem. Mr. Wicker stated further that a windshield survey was made from Highway 518 to Orange Street and, with one or two exceptions, he did not feel that anyone would be hurt by prohibiting parking within ten feet back of the curb on either side of Main Street from Orange to Highway 518. City Manager Wicker stated that at present the Chief has the authority to place signs along the curb on all of Highway 35 and Highway 518 inside the City Limits; however, the area back of the curb is the one causing this problem. The Council discussed this and it was the consensus of opinion that uniformity should be used if parking was prohibited back of the curbline on State Highway 35 and F.M. 518 rather than just the area from Orange to 518 on Highway 35_ This should cover not only no parking but any obstructions, such as signs, etc., that are within this area. City No Manager Wicker stated that he felt that we have three different problems: 1) As far as the signs are concerned, he would get in touch with the Building Inspection Depart- ment and request that all of the signs on the parkway be removed; 2) As far as the truck parking in residential areas, our current Ordinance permits such parking up to 48 hours. It is very inadequate, and there is committee, Chaired by Councilman Frauenberger, that have been working for the past several months on possible changes; 3) The problem of parking back of the curbline on Highway 35. It was moved by Councilman Mack, seconded by Councilman Frauenberger that the proper Ordinances be amended or generated to prepare to restrict parking ten feet from the pavement on both sides of all arterial streets in the City, as defined in Exhibit "A" of the Subdivision Ordinance. Motion passed 5 to 0. RESOLUTION NO. R83-39, A RESOLUTION AUTHORIZING MAYOR TO EXECUTE INTERLOCAL AGREEMENT WITH HOUSTON-GALVESTON AREA COUNCIL FOR PURCHASE OF THREE POLICE CARS: Resolution No. R83-39 read in full by Councilman Bost. It was moved by Councilman Bost, seconded by Councilman Lentz that Resolution No. R83-39 be passed and approved on first and only reading. Said Resolution No. R83-39 reads in caption as follows: RESOLUTION NO. R83-39 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE INTERLOCAL AGREEMENT WITH HOUSTON-GALVESTON AREA COUNCIL FOR PURCHASE OF POLICE PATROL AUTOMOBILES - TEXAS INTERLOCAL COOPERATION ACT. Voting "Aye": Councilman. Lentz, Councilman Bost, Councilman Mack, Councilman Frauen- berger, and Councilman Gray. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 246-90, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE APPLICATION NO. 125 - JEANNE C. CHANEY, AGENT FOR WILLIAM C. AND SARAH ADAMS AND MARTY BROADNAX, OWNERS - MF TO GENERAL BUSINESS: Ordinance No. 246-90 read in caption by Councilman Mack. (First Reading) It was moved by Councilman Mack, seconded by Councilman Bost that Ordinance No. 246-90 be passed and approved on first of two readings. Said Ordinance No. 246-90 reads in caption as follows: ORDINANCE NO. 246-90 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DE'- VELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Mack, Councilman Bost and Councilman Lentz. Voting "No": None Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS UNFINISHED BUSINESS: ORDINANCE NO. 462, AN ORDINANCE ANNEXING CERTAIN PROPERTY AND TERRITORY TO THE CITY OF PEARLAND, TEXAS, AND EXTENDING THE CORPORATE LIMITS OF THE CITY (NASAWOOD AND TRIANGLE): Ordinance No. 462 read in caption by Councilman Gray. (Second Reading) It was moved by Councilman Gray, seconded by Councilman Frauenberger that Ordinance No. 462 be passed and approved on second and final reading. Said Ordinance No. 462 reads in caption as follows: ORDINANCE NO. 462 AN ORDINANCE ANNEXING CERTAIN PROPERTY AND TERRITORY TO THE CITY OF PEARLAND, TEXAS, AND EXTENDING THE COR- PORATE LIMITS OF THE CITY OF PEARLAND TO INCLUDE AND EMBRACE SAID TERRITORY WHICH IS ADJACENT TO AND CONTIG- UOUS WITH THE PRESENT CORPORATE LIMITS OF THE CITY OF PEARLAND AND IS NOT WITHIN THE CITY LIMITS OF ANY OTHER CITY AND LIES SOLELY WITHIN THE EXTRATERRITORIAL JURIS- DICTION OF THE CITY OF PEARLAND, SAID TERRITORY BEING HEREINAFTER FULLY DESCRIBED BY METES AND BOUNDS IN SECTION 1 OF THIS ORDINANCE; APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH TERRITORY; PRESCRIBING THE VOTING PRECINCTS FOR THE INHABITANTS WITHIN SAID ANNEXED TERRITORY; PLACING SUCH INHABITANTS ON EQUAL FOOTING WITH PRESENT INHABITANTS OF THE CITY OF PEARLAND; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATIONS, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauen- berger, and Councilman Gray. Voting "No": None Motion passed 5 to 0. ORDINANCE NO. 463, AN ORDINANCE ANNEXING CERTAIN PROPERTY AND TERRITORY TO THE CITY OF PEARLAND, TEXAS, AND EXTENDING THE CORPORATE LIMITS OF THE CITY (SOUTH ANNEXATION): Ordinance No. 463 read in caption by Councilman Frauenberger. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Bost that Ordinance No. 463 be passed and approved on second and final reading. Said Ordinance No. 463 reads in caption as follows: ORDINANCE NO. 463 AN ORDINANCE ANNEXING CERTAIN PROPERTY AND TERRITORY TO THE CITY OF PEARLAND, TEXAS, AND EXTENDING THE CORPORATE LIMITS OF THE CITY OF PEARLAND TO INCLUDE AND EMBRACE SAID TERRITORY WHICH IS ADJACENT TO AND CONTIGUOUS WITH THE PRESENT CORPORATE LIMITS OF THE CITY OF PEARLAND AND IS NOT WITHIN THE CITY LIMITS OF ANY OTHER CITY AND LIES SOLELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF PEAR - LAND, SAID TERRITORY BEING HEREINAFTER FULLY DESCRIBED BY METES AND BOUNDS IN SECTION 1 OF THIS ORDINANCE; APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH TERRITORY; PRE- SCRIBING THE VOTING PRECINCTS FOR THE INHABITANTS WITHIN SAID ANNEXED TERRITORY; PLACING SUCH INHABITANTS ON EQUAL FOOTING WITH PRESENT INHABITANTS OF THE CITY OF PEARLAND; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATIONS, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Frauenberger, Councilman Mack, Councilman Bost and Councilman Lentz. Voting "No": Councilman Gray Motion passed 4 to 1. Councilman Gray opposed. R • ORDINANCE NO. 464, AN ORDINANCE ANNEXING CERTAIN PROPERTY AND TERRITORY TO THE CITY OF PEARLAND, TEXAS, AND EXTENDING THE CORPORATE LIMITS OF THE CITY (WEST TO WEST R -O -W OF nInnv Rnnn. Ordinance No. 464 read in caption by Councilman Lentz. (Second Reading) It was moved by Councilman Lentz, seconded by Councilman Mack that Ordinance No. 464 be passed and approved on second and final reading. Said Ordinance No. 464 reads in caption as follows: ORDINANCE NO. 464 AN ORDINANCE ANNEXING CERTAIN PROPERTY AND TERRITORY TO THE CITY OF PEARLAND, TEXAS, AND EXTENDING THE COR- PORATE LIMITS OF THE CITY OF PEARLAND TO INCLUDE AND EMBRACE SAID TERRITORY WHICH IS ADJACENT TO AND CONTIG- UOUS WITH THE PRESENT CORPORATE LIMITS OF THE CITY OF PEARLAND AND IS NOT WITHIN THE CITY LIMITS OF ANY OTHER CITY AND LIES SOLELY WITHIN THE EXTRATERRITORIAL JURIS- DICTION OF THE CITY OF PEARLAND, SAID TERRITORY BEING HEREINAFTER FULLY DESCRIBED BY METES AND BOUNDS IN SECTION 1 OF THIS ORDINANCE; APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH TERRITORY; PRESCRIBING THE VOTING PRECINCTS FOR THE INHABITANTS WITHIN SAID ANNEXED TERRITORY; PLACING SUCH INHABITANTS ON EQUAL FOOTING WITH PRESENT INHABITANTS OF THE CITY OF PEARLAND; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATIONS, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Frauenberger, and Council- man Mack. Voting "No": Councilman Gray Motion passed 4 to 1. Councilman Gray opposed. NEW BUSINESS:(Continued) ORDINANCE NO. 465, AN ORDINANCE AUTHORIZING AND ALLOWING UNDER THE ACT GOVERNING THE TEXAS RETIREMENT SYSTEM "UPDATED SERVICE CREDITS" IN SAID SYSTEM: Ordinance No. 465 read in caption by Councilman Mack. (First Reading) It was moved by Councilman Mack, seconded by Councilman Bost that Ordinance No. 465 be passed and approved on first of two readings. Said Ordinance No. 465 reads in caption as follows: ORDINANCE NO. 465 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM "UP- DATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PER- FORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF PEARLAND; AND ESTAB- LISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. Voting "Aye": Councilman Gray, Councilman Frauenberger, Councilman Mack, Councilman Bost and Councilman Lentz. Voting "No": None Motion passed 5 to 0. RESOLUTION NO. R83-40, A RESOLUTION AUTHORIZING PARTICIPATION WITHIN THE GREATER HARRIS COUNTY 9-1-1 EMERGENCY NETWORK: Resolution No. R83-40 read in full by Mayor Reid. min C�sl • It was moved by Councilman Bost, seconded by Councilman Frauenberger that Resolution No. R83-40 be passed and approved on first and only reading. Said Resolution No. R83-40 reads in caption as follows: RESOLUTION NO. R83-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING PARTICIPATION WITHIN THE GREATER HARRIS COUNTY 9-1-1 EMERGENCY NETWORK. Voting "Aye": Councilman Lentz, Councilman Bost, Councilman Mack, Councilman Frauen- berger, and Councilman Gray. Voting "No": None Motion passed 5 to 0. CHANGE IN REGULAR MEETING DATE OF SECOND REGULAR MEETING IN DECEMBER DUE TO CHRISTMAS HOLIDAYS: It was moved by Councilman Frauenberger, seconded by Councilman Lentz that the second regular meeting in December be held on December 27, 1983, due to Christmas Holidays. Motion passed 5 to 0. APPROVAL FOR PAYMENT OF INVOICES: It was moved by Councilman Lentz, seconded by Councilman Bost that the following invoices be approved for payment from the appropriate funds: (b) Stone Construction Company, Application for Payment No. 8, Library and Community Center (Dansby & Miller Architects), $111,060.00; (c) Brown & Root, Inc., Progress Estimate No. 3 & Final, Retainage on 1983 Street Surfacing Program, $15,046.24; (d) Ben Felts Utility Contracting Company, Progress Estimate No. 1 (Woodcreek Sanitary Sewer), $46,292.40; (e) Langford Engineering Inc., Invoice (Investigation, Study & Report on Sanitary Sewer System Rehabilitation), $721.91; (f) Caldwell Tanks, Inc., Partial Payment Estimate No. 7 (Elevated Steel Tank at McLean Road), $1,738.67; (g) Caldwell Tanks, Inc., Partial Payment Estimate No. 9 (Elevated Steel Tanks at Alice Street & Liberty Road), $11,172.06. Motion passed 5 to 0. It was moved by Councilman Lentz, seconded by Councilman Bost that the following invoice be approved for payment from the appropriate fund: (a) Precision Grading & Construction Co., Inc., Estimate Sanitary Sewer and Lift Station & Waterline (F.M. 518 at Harkey Road), $28,165.05 Motion passed 5 to 0. OTHER BUSINESS: It was moved by Councilman Bost, seconded by Councilman Lentz that the absence of Council- man Mack from the Meeting of November 14, 1983, be shown as "Excused Absence". Motion passed 4 to 1. Councilman Mack abstained. RECESSED TO EXECUTIVE SESSION UNDER TEXAS REVISED CIVIL STATUTES, SECTION 2, SUBSECTION (e) LEGAL AT 9:15 P. M. W0� RECONVENED TO OPEN SESSION AT 11:15 P. M. - NO ACTION AS A RESULT OF EXECUTIVE SESSION. ADJOURN: Meeting adjourned at 11:15 P. M. Minutes approved as submitted and/or corrected this the /-7 of / A. D., 1983. ATTEST: Secretary Mayor