Loading...
1985-01-28 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 28, 1985, 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 Tom Reid Councilman/Mayor Pro Tem Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Dennis Frauenberger Terry Gray James E. Bost Charles R. Mack Al Lentz i Ronald J. Wicker Luke L. Daniel Kay Krouse The invocation was given by Dr. Art Jones, First Presbyterian Church of Pearland. The Pledge of Allegiance was led by Director of Public Works Bill Thomasset. APPROVAL OF MINUTES: It was moved by Councilman Bost, seconded by Councilman Lentz that the Minutes of a Regular Meeting held on January 14, 1985, be approved as submitted. Motion passed 4-0. Councilman Frauenberger abstaining. It was moved by Councilman Mack, seconded by Councilman Frauenberger that the minutes of a Special Meeting held on January 21, 1985, be approved as submitted. Motion passed 4-0. Councilman Lentz abstaining. MAYOR'S ACTIVITY REPORT: Mayor Reid introduced Mrs. Stella Roberts, President of Clean Pearland Association. Mrs. Roberts was present to extend everyone a personal invitation to the Keep Brazoria County Beautiful Association Annual Dinner on Thursday evening, January 31, which will be hosted by the City of Pearland and Clean Pearland Association at the new Community Center. She explained that at the dinner they will be honoring Benny Childs who is past president of Keep Brazoria County Beautiful and also past president of Beautify Texas Council. Mayor Reid presented a proclamation proclaiming the month of February, 1985, as Children's Dental Health Month to Gina Blanchard who accepted on behalf of this area's Dental Hygienists. COUNCIL ACTIVITY REPORTS: Councilman Bost, as Council liaison to Clean Pearland, reported that he had attended a recent meeting and that they are working on some projects that will help improve the area. Councilman Bost also reported that he had received notice from the School Board about their upcoming Bond Election and that they are asking everyone's support. DEPARTMENTAL REPORTS: City Manager Ron Wicker reported that he had attended a workshop on the 9-1-1 emergency number for the Greater Houston Area and it was brought out that around July they would start installing the equipment to make this system work. What this means for the citizens of Pearland is that when an emergency arises, they dial 9-1-1 and the equipment that will be installed in the Greater Houston Area and Pearland will allow our dispatcher to receive the calls and the equipment available at the dispatch centers will tell the dispatcher from IM where the call is being made, the address and the name of the property owner at that address. In the event a person calls in an emergency and hangs up before giving an address, the dis- patcher will know automatically where to call back. It is proven throughout the nation to be a very beneficial set-up and should be a real asset to the people of Pearland. We are paying an additional 20� per month on our telephone bills to pay for this service. CITIZENS: Robert Campbell, 4623 Jasmine, Pearland, Texas - Mr. Campbell appeared before the Council to request the abandonment of a 20 ft. access easement through part of Block 8 in Green Tee Terrace Townhouses, off Country Club Dr. Mr. Campbell explained that he intended to build patio homes on this property and with patio homes you have the distance between houses to have access through, therefore, the 20 foot access easement would not be needed. CHANGE IN THE ORDER OF BUSINESS: COUNCIL DECISION ON REQUEST OF ROBERT CAMPBELL FOR CITY TO ABANDON 20 FOOT ACCESS THROUGH MIDDLE OF PROPERTY IN BLOCK 8, GREEN TEE TERRACE TOWNHOUSES City Manager Wicker explained that the Staff met with Mr. Campbell and advised him that there are no City utilities in this easement and they saw no problem with the abandonment as long as there were no other utilities in this easement. A motion was made by Councilman Gray, seconded by Councilman Bost that the necessary papers be prepared for the abandonment of the 20 foot access easement in part of Block 8, Green Tee Terrace Townhouse Subdivision subject to receipt of letters from the utility companies releasing this easement. Motion passed 5-0. CHANGE IN THE ORDER OF BUSINESS: CITIZENS: Mayor Reid recognized Mrs. Bettye Alexander from the audience as the former Chairman of the Pearland Library Board as well as one of the original founders of that group. She also is a former chairman of the County Library Board and presently serves on both the City and County Library Boards. Mr. John Moorman, Director of Brazoria County Library System - Mr. Moorman explained that he was making his bi-annual report to the Council on the operation of the Library System. Mr. Moorman submitted a breakdown on what is coming directly, in County funds, to the City of Pearland for the operation of the facility. This breakdown reads as follows: COUNTY LIBRARY DIRECT FUNDING 1985 BUDGET PEARLAND 'Personnel $77,238.98 Administrative 18,716.34 Materials 26,920.04 Operations 32,251.29 Equipment 1,600.00 Maintenance of Equipment 592.75 TOTAL $157,319.40 9— Mr. Moorman expressed his appreciation and thanks to the Council and City Staff for their support in helping to make the Pearland Library facility operate. Councilman Frauenberger, as Council liaison to the Library Board, informed the Coun- cil that the Library Board is currently working on an amendment on one particular item in the Library Ordinance and in the future will be bringing this before Council for their concurrence. DOCKETED PUBLIC HEARINGS: 1. STORER CABLE TV - REQUEST FOR RATE INCREASE 2. PERSONS WISHING TO SPEAK FOR THE PROPOSED INCREASE: Mr. Jim Chalk, General Manager of Storer Cable TV in a 17 City area. Mr. Chalk presented the City a check in the amount of $6,978.55 for 1984 fran- chise fee, as per the franchise agreement between the City and Storer Cable TV. Mr. Chalk spoke at length concerning the cable system in Pearland, bringing the Council up-to-date on the progress of the system, stating that as of the end of 1984 there were 76.9 miles of cable within the city limits with 2,334 subscribers. He cited the problems they have experienced with plans to install a microwave tower in our area. With his presentation and review of both the letter requesting a rate increase and financial statement he handed out to the Council, Mr. Chalk indicated the need for this request by Storer Cable TV for an increase in the basic rate to $10 a month now and increased to $12.00 a month in approximately 6 months. 3. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED INCREASE: None 4. QUESTION AND ANSWER PERIOD: During this question and answer period between Council, City Attorney and Mr. Chalk it was brought out that Storer Cable TV would be applying, effective February 1, 1985, a 5% increase in rates which is allowed under recent federal leg- islation for the Cable System. 5. ADJOURN HEARING COMPLETE TAPE OF HEARING IS ON FILE IN THE OFFICE OF THE CITY SECRETARY. UNFINISHED BUSINESS: APPOINTMENT OF CHARTER REVIEW COMMISSION Mayor Reid explained that the City Charter states that in January of each odd numbered year a Charter Review Commission of five citizens of the City of Pearland shall be appointed to serve for six months. The Commission's duties include reviewing and possibly updating and proposing amendments to the Charter. The Commission will report its findings and present any proposed amendments to the City Council. The . i Council will consider these recommendations and if any amendments are proposed, the Council may order these amendments to be submitted to the voters of the City at the following even numbered year's City election which is the first Saturday in April. The Mayor presented, for the Council's consideration, a list of names of citizens who have agreed to serve on the 1985 Charter Review Commission. A motion was made by Councilman Frauenberger, seconded by Councilman Lentz, that the following people be appointed to the 1985 Charter Review Commission: 299 James D. Porter (Interim Chairman) Mrs. Paula Scardino Dr. Arthur H. Jones James K. Garner Dr. Howard J. Schneider Motion passed 4-0. Councilman Mack absent from the chambers. Mayor Reid administered the Oath of Office to James Garner, Dr. Art Jones, and Dr. Howard Schneider who were present at the meeting. CHANGF TN THF ORTIF.R (lF RTTCTNF.0.q- NEW BUSINESS: (Continued) COUNCIL DECISION ON STORER CABLE TV REQUEST FOR RATE INCREASE It was moved by Councilman Gray, seconded by Councilman Frauenberger, that the necessary ordinance be prepared for a rate increase for Storer Cable TV as outlined in their letter of December 17, 1984, with the first increase to be effective March 1, 1985, and second increase to be effective six months thereafter, Septem- ber, 1, 1985, and that all non -reoccurring charges be.;a part of this requested rate increase. Motion passed 4-0. Councilman Mack absent from the chambers. MAYOR REID RECESSED THE MEETING AT 8:55 P.M. MAYOR REID RECONVENED THE MEETING AT 9:02 P.M. UNFINISHED BUSINESS: (Continued) ORDINANCE NO. 246-102, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE - APPLICATION NO. 139, THOMAS OFFENBURGER, AGENT FOR METRO FINANCIAL CORP., OWNER Ordinance No. 246-102 read in caption by Councilman Gray. (Second Reading) It was moved by Councilman. Gray, seconded by Councilman Frauenberger, that Ordi- nance No. 246-102 be passed and approved on second and final reading. Said Ordi- nance reads in caption as follows: ORDINANCE NO. 246-102 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Gray, Councilman Frauenberger and Councilman Lentz. Voting "No" - None Motion passed 3-0. Councilman Bost and Councilman Mack absent from the chambers. ORDINANCE NO. 246-103, AN ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE -APPLICATION NO. 140, BEAU BAY DEVELOPMENT CORP., AGENT FOR FIRST CITY NATIONAL BANK, TRUSTEE FOR ADELE S. MICHAEL TRUST Ordinance 246-103 read in caption by Councilman Frauenberger. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Lentz, that Ordi- nance No. 246-103 be passed and approved on second and final reading. Said Ordi- nance No. 246-103 reads in caption as follows: W ORDINANCE NO. 246-103 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN: DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilman Lentz, Councilman Frauenberger, Councilman Bost and Coun- cilman Gray Voting "No" - None Motion passed 4-0. Councilman Mack absent from the chambers. NEW BUSINESS: (Continued) CALL OF SPECIAL MEETING FOR FEBRUARY 4, 1985, FOR COUNCIL REVIEW OF PRESENTATION BY DAVID M. GRIFFITH AND ASSOCIATES ON FEES FOR SERVICES It was moved by Councilman Gray, seconded by Councilman Frauenberger that a special meeting be called for February 4, 1985, at 7:30 P. M. for the purpose of receiving a formal report and presentation by David M. Griffith and Associates on "User Fees." Motion passed 4-0. Councilman Bost abstaining. REVIEW AND POSSIBLE AWARD OF BID NO. B84-24, EQUIPMENT FOR SANITATION DEPARTMENT The following bids were reviewed by Council: VENDOR MAKE ITEM NO.1 ITEM NO.2 ITEM NO.3 ITEM N0.4 TOTAL EMCO MFG CO EMCO (incl. in item 2) 57,837.07 19,500.00 unit pr 241 total 31,330.00 108,667.07 SOUTH LOOP FORD FORD 33,810.64 - - - - - - - - - - - - - 33,810.64 INDUSTRIAL DISP TEEM - - - - - - - - - - - - 240 31,200.00 31,200.00 ' City Manager Wicker stated that because of the growth in Pearland we have to start looking at our commercial garbage pickup differently than our residential. This means obtaining a more specialized type of equipment to handle commercial accounts. Public Works Director Bill Thomasset reported that we currently have 213 commercial accounts that are using containers for garbage pickup. The containers are loaded on our residential trucks from the rear. The maintenance cost on these trucks is very high. We have gone out for bids on new equipment designed only for side -loading; only to pick up containers and designed specifically as a one-man operation. We expect some problems changing over to this type operation with some of the commercial customers but these will be worked out over a period of time. We will be utilizing between 300 - 315 containers and they will all be 3 -yard. Some of the present containers can be modified and used in this new operation but eventually they will be phased out. The first thing we will do, Mr. Thomasset continued, is send out a letter notifying these customers when this operation will go into effect which will be about a month from now. Then some of our City Staff will go out and meet with each of these customers and work with them if there are any problems. City Manager Ron Wicker stated that this new operation is a one-man operation which means it will free two people and may involve laying -off or moving those two people to some other area in the organization. This new operation is -very fast; the trucks have a larger capacity and will reduce maintenance costs. Assistant City Manager Gary Jackson explained that if the bids are awarded we will be buying one new truck, Ford cab and chassis, 35,000 GVW, diesel with 30 cubic yard CONTINUED FROM VOLUME THIRTEEN compaction body; one 1981 used Ford cab and chassis, 35,000 GVW, gasoline with 30 cubic yard compaction body; and 130 containers. We can purchase all this equip- ment for about $1,400.00 less than we budgeted for. A motion was made by Councilman Gray, seconded by Councilman Mack, that Bid No. B84-24, Equipment for Sanitation Department be awarded to EMCO Manufacturing Company in the amount of $108,667.07 and the funds coming out of Revenue Sharing. Motion passed 5-0. RESOLUTION NO. R85-4, A RESOLUTION ADOPTING THE PROVISIONS OF ARTICLE 7.15 FOR CITY OFFICERS' ELECTION Resolution No. R85-4 read in full by Councilman Frauenberger. It was moved by Councilman Frauenberger, seconded by Councilman Mack, that Resolution No. R85-4 be passed and approved on first and only reading. Said Reso- lution No. R85-4 reads in caption as follows: RESOLUTION NO. R85-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING THE PROVISIONS OF ARTI- CLE 7.15, AND OTHER PERTINENT PROVISIONS OF THE TEXAS ELECTION CODE, IN REGARD TO THE REGULAR CITY OFFICERS' ELECTION TO BE HELD ON THE SIXTH DAY OF APRIL, 1985. Voting "Aye" Councilman Gray, Councilman Bost, Councilman Frauenberger, Councilman Mack and Councilman Lentz. Voting "No" - None Motion passed 5-0. RESOLUTION NO. R85-5, A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON APRIL 6, 1985, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL, POSITION NO. 2 AND POSITION NO. 4. Resolution No. R85-5 read in full by Councilman Bost and Councilman Gray. It was moved by Councilman Bost, seconded by Councilman Gray, that Resolution No. R85-5 be passed and approved on first and only reading. Said Resolution No. R85 -5 -reads in caption as follows: RESOLUTION NO. R85-5 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON THE SIXTH DAY OF APRIL, 1985, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL IN AND FOR THE CITY OF PEARLAND, s TEXAS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS' ELECTION. Voting "Aye" - Councilman Lentz, Councilman Mack, Councilman Frauenberger, ,Councilman Bost and Councilman Gray Voting "No" - None Motion passed 5-0. APPROVAL OF THE FOLLOWING INVOICES: It was moved by Councilman Lentz, seconded by Councilman Bost, that the follow- ing invoices be approved and payment made from the appropriate funds: (a) Final Estimate, Mischer Paving & Utility Company in the amount of $1,850.00 for Green Tee Subdivision Point Repair of 12" San- itary Sewer, Project No. 84-21; (b) Estimate No. 4 and Final, Ike Hall, Inc., in the amount of $19,644.74 for 1984 Street Maintenance Program, Project No. 84-16. Motion passed 5-0. CHANGE IN ORDER OF BUSINESS: OTHER BUSINESS: 1. EXCUSED ABSENCE FOR COUNCILMAN FRAUENBERGER FROM REGULAR MEETING HELD ON JANUARY 14. 1985 It was moved by Councilman Lentz, seconded by Councilman Bost, that Council- man Frauenberger be excused from the regular meeting held on January 14, 1985. Motion passed 4-0. Councilman Frauenberger abstained. 2. EXCUSED ABSENCE FOR COUNCILMAN LENTZ FROM SPECIAL MEETING HELD ON JANUARY 21, 1985 It was moved by Councilman Frauenberger, seconded by Councilman Bost, that Councilman Lentz be excused from the special meeting held on January 21, 1985. Motion passed 4-0. Councilman Lentz abstained. 3. MEETING RECESSED TO EXECUTIVE SESSION AT 9:40 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17 SECTION 2, SUBSECTION (e) LEGAL - Contemplated and Pending Litigation, SUBSECTION (f) LAND PURCHASE - Acquisition of Real Property; and SUBSECTION (g) PERSONNEL - Appointment of Architect, Pursuant to Agenda Item No. 8, New Business - Appointment of Members to Zoning Board of Adjustments - Appointment of Members to Electrical Board. 4. MEETING RECONVENED TO OPEN SESSION AT 10:15 P. M. NEW BUSINESS: (Continued) AUTHORIZATION FOR MAYOR TO EXECUTE PROFESSIONAL SERVICE CONTRACT WITH ARCHITECT FOR PUBLIC SAFETY FACILITY It was moved by Councilman Gray, seconded by Councilman Frauenberger that the necessary contract be prepared and signed by the Mayor with Christopher Di Stefano and Associates, Architects, Inc., A.I.A. for the design of the Public Safety Facility. Motion passed 5-0. AUTHORIZATION FOR CITY MANAGER TO SUBMIT EARNEST MONEY CONTRACT ON PUBLIC SAFETY FACILITY SITE It was moved by Councilman Frauenberger, seconded by Councilman Lentz, that the City Manager be authorized to submit an earnest money contract on 19.75 acres of land in the Pearland Industrial Park, listed as Lot 4, Block 2, with Appelt, Ricks and Womack for a Public Safety Facility in the amount of $16,750.00 per acre. Motion passed 5-0. AUTHORIZATION FOR CITY MANAGER TO EXECUTE A PROFESSIONAL AGREEMENT FOR LEGAL SER- VICES ON BEHALF OF CITY CONCERNING SEWAGE TREATMENT PLANT PERMITS AND OPERATION It was moved by Councilman Lentz, seconded by Councilman Bost that the City Mana- ger be authorized to execute a professional services agreement for legal services on behalf of the City concerning sewage treatment plant permits and operation with Richard E. Kammerman of Kammerman, Overstreet and Hurren. Motion passed 5-0. ADJOURN: Meeting adjourned at 10:17 P. M. Minutes approved as submitted and/or corrected this the day of A.D., 1985. ATTEST: City Secretary I Mayor