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1983-06-13 CITY COUNCIL REGULAR MEETING MINUTES284 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JUNE 13, 1983, 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 Councilman/Mayor Pro Tem Councilman Councilman City Manager City Attorney City Secretary Tom Reid Charles R. Mack Terry Gray Dennis Frauenberger Ronald J. Wicker Bobby Williams Dorothy L. Cook Absent from the Meeting: Councilman Al Lentz and Councilman James E. Bost. INVOCATION AND PLEDGE OF.ALLEGIANCE: The invocation was given by David Long, Boy Scout Troop 464. The Pledge of Allegiance was led by Girl Scout Troop 294 and 298. APPROVAL OF MINUTES: It was moved by Councilman Gray, seconded by Councilman Frauenberger that the Minutes of the Regular Meeting held on May 23, 1983, and the Minutes of the Special Meeting held on June 2, 1983, be approved as submitted. Motion passed 3 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid announced that Councilman Bost was in Georgia on church business. He also announced that Councilman Lentz is in Europe on a tour. 7 Mayor Reid called for a report from Ray Blaylock, Civil Defense Disaster Coordinator. Mr. Blaylock called attention to the fact that we are now in the hurricane season, and outlined several things that the citizens need to do prior to a hurricane watch or warning. He also urged the citizens to listen to the radio and keep abreast of any developments in the event of a hurricane watch or warning. Channel 13 in Houston and Radio KTEK in Alvin will be the official civil defense stations for our area. He called attention, also, to last week's Journal newspaper and the print-out outlining all the things that citizens should do in the event of a hurricane. Mayor Reid asked Mayor Pro Tem Mack to read into the records a letter from Commissioner Bass, of Harris County, regarding the 911 Emergency Number. This was approved by the Texas Legislature in the last session on a local option basis for Harris County, and since part of the City is in Harris County, we will have an opportunity to vote on this matter, possibly in November of this year. COUNCIL ACTIVITY REPORTS: None DEPARTMENTAL REPORTS: None CITIZENS: Fran Coppinger, of the Clean Pearland Community Committee, reported on the Committee's activities, and advised that, as a result of the inauguration of several programs, that .� 8 5 the City had been awarded the Brazoria County Beautification Award for this year. She presented this plaque to Mayor Reid and advised that in order to keep the plaque next year we would need to vigorously continue to clean up our City. Ms. Coppinger intro- duced several members of this Committee, as well as recognizing the Girl Scouts and the Boy Scouts who have helped in this program. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: A VOTE OF THANKS AND PRESENTATION OF CERTIFICATE OF APPRECIATION TO THE CLEAN PEARLAND COMMUNITY COMMITTEE BY THE CITY COUNCIL: It was moved by Councilman Gray, seconded by Councilman Frauenberger that the City Council extend a vote of thanks to the Clean Pearland Community Committee and present them with a Certificate of Appreciation for their efforts., Motion passed 3 to 0. It was moved by Councilman Mack, seconded by Councilman Gray that the Mayor be autho- rized to sign a resolution regarding litter control for the Keep America Beautiful Program of the Clean Community System. Motion passed 3 to 0. CITIZENS: (Continued) Dr. Lawrence T. Jabelcki, Assistant Director, 23rd Judicial District, Adult Probation Department, appeared before the Council and explained that his office handles the placement of persons who have been put on probation (first time offenders) where the judge makes a stipulation that as a condition of the probation that the person work a certain number of hours for a non-profit organization. He stated that 16 different organizations have entered into this agreement with his department to use individuals put on probation by the judges in the. County. He advised, further, that these'indi- viduals are carefully screened, and he felt that the City of Pearland could benefit by the use of several from his department. He asked that the Council adopt a resolu- tion entering into this programa NEW BUSINESS; (.Continued) RESQLUTTQN'NQ,; R83-1149 A RESOLUTION'OF'THE CTTY OF PEARLAND, TEXAS, AUTHORIZING THE CITY'S PARTICIPATION IN THE BRAZORIA COUNTY COMMUNITY SERVICE RESTITUTION PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO ENTER AND ADMINISTER SAID PROGRAM: Resolution No. R83-14 read in full by Councilman Mack. It was moved by Councilman Mack, seconded by Councilman Gray that Resolution No. R83-14 be passed and approved on first and only reading. Said Resolution No. R83-14 reads in caption as follows: RESOLUTION NO, R83 -14- A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY'S PARTICIPATION IN THE BRAZORIA COUNTY COMMUNITY SERVICE RESTITUTION PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO ENTER AND ADMINISTER SAID PROGRAM. voting "Aye": Councilman Gray, Councilman Frauenberger, and Councilman Mack. Voting "No": None. Motion passed 3 to 0. Councilman Lentz and Councilman Bost absent from the Meeting. CITIZENS: (Continued) John Garner of B & S Development Company appeared before the City Council with a proposal for a development of Longwood Section II. He proposed this development with: (1) Open ditch drainage; (2) Distance of buildings from pipelines, 75' from easement; and (3) Length of the proposed one street with cul-de-sac to be longer than that allowed by the Subdivision Ordinance. He stated that this area is laced with pipelines, and he felt that this would be one way that the property could be developed. NEW BUSINESS: (Continued) REQUEST BY JOHN GARNER FOR VARIANCE IN SUBDIVISION ORDINANCE RELATING TO LONGWOOD PARK SECTION II: Mr. Garner was advised that the City is currently planning an amendment to the Sub- division Ordinance relating to open ditch subdivisions and that this information should be in the hands of the City Attorney shortly for an amendment. Also, that at the time the City purchased the 16" sanitary sewer line going through this property, a 75' building setback line from the pipeline easement was given to Mr. Smith, the owner of the property. The Council requested Mr. Garner to obtain the size of the pipelines and what they carry in this area. Also, that the Planning and Zoning Commission be advised of the 75' building setback line previously agreed to. Mr. Garner was advised to check with the City Manager further on this proposed Sub- division. CITIZENS: (Continued) Ruby Partain - Ms. Partain appeared before the Council regarding the denial of an Emergency Wrecker Permit by the Director of Wrecker Services. Ms. Partain was ?� referred to Section 31-8 of the Pearland Code, which states how an appeal can be perfected. The Partains have ten days from the date of denial to file the proper papers of appeal. MEETING RECESSED AT 9:00 P. M. - RECONVENED AT 9:15 P. M. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: RESOLUTION NO. R83-13, A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, GIVING CONSENT FOR THE CREATION OF A MUNICIPAL UTILITY DISTRICT WITHIN ITS EXTRATERRITORIAL JURIS- DICTION: Mr. Clay Crawford appeared before the City Council and presented a rough draft of the proposed Resolution and Agreements for Mud 6; however, he stated that he had not had time to get this to the City Attorney for his approval prior to this Meeting. This item was passed and referred to the City Attorney to be placed on the next regular agenda., ORDINANCE NO. 455, AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN PUBLIC PROPERTY WITHIN THE CITY OF PEARLAND PURSUANT TO SECTION 2, ARTICLE 5421C-12, VERNONS ANNOTATED CIVIL STATUTUES OF TEXAS: (Pearland United Methodist Church) Ordinance No. 455 read in caption by Councilman Frauenberger. (Second Reading) It was moved by Councilman Frauenberger, seconded by Councilman Mack that Ordinance No. 455 be passed on second and final reading. Said Ordinance No. 455 reads in caption as follows: WE ORDINANCE NO. 455 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE SALE OF CERTAIN PUBLIC PROPERTY WITHIN THE CITY PUR- SUANT TO SECTION 2 OF ARTICLE 5421C-12, VERNONS ANNOTATED CIVIL STATUTES OF TEXAS, AS AMENDED; PROVIDING FOR THE CONSIDERATION TO BE PAID FOR SAID PROPERTY; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Mack, Councilman Frauenberger, and Councilman Gray. Voting "No": None. Motion passed 3 to 0. Councilman Lentz and Councilman Bost absent from the Meeting. NEW BUSINESS: (Continued) USE OF INDEPENDENCE PARK BY PEARLAND AREA CHAMBER OF COMMERCE ON JULY 4, 1983, AND APPROVAL FOR PUBLIC DISPLAY OF FIREWORKS AS OUTLINED IN LETTER DATED JUNE 7, 1983, FROM GUY B. ROBERTS: Councilman Gray read a letter dated June 7, 1983, from Guy B. Roberts, Executive Vice President of the Pearland Chamber of Commerce, as follows: June 7, 1983 Honorable Mayor and"City Council City of Pearland Pearland, Texas 77581 SUBJECT: Liability Insurance for Fireworks Display July 4-, 1983. On July 4th the Pearland Chamber of Commerce will provide the fireworks and equipment for the Annual 4th of July Display to be held at Independence Park, with the under- standing that the City of Pearland will be the sponsor for the activity and that members of the Pearland Volunteer Fire Department having been properly trained as pyrotechnicians, will discharge said fireworks provided. We appreciate this show of civic pride and cooperation with the Pearland Chamber of Commerce. Yours truly, /s/ G. B. Roberts Guy B. Roberts Exec. Vice President GBR:gr It was moved by Councilman Gray, seconded by Councilman Frauenberger that the Chamber of Commerce be granted permission to use Independence Park for a July 4, 1983 celebra- tion, and.that approval of public display of fireworks, as outlined in Mr. Roberts' letter of June 7, 1983, be granted. Motion passed 3 to 0. UNFINISHED BUSINESS: (Continued) APPROVAL OF ALEXANDER LANE PAVING, STORM DRAINAGE AND WATER DISTRIBUTION MAIN: City Engineer Dick Oualtrough recommended that the City Council approve the paving, storm drainage, and water distribution system on Alexander Lane. The Maintenance Bonds are now in from the contractors on this Project. It was moved by Councilman Gray, seconded by Councilman Mack that the Alexander Lane paving, storm drainage, and water distribution main be accepted. Motion passed 3 to 0. ORDINANCE NO. 456, PERSONNEL ORDINANCE (AMENDED): Ordinance No. 456 read in caption by Councilman Mack.(Second Reading) It was moved by Councilman Mack, seconded by Councilman Frauenberger that Ordinance No. 456 be passed on second and final reading, as amended. Said Ordinance No. 456 reads in caption as follows: ORDINANCE NO. 456 AN ORDINANCE ESTABLISHING CERTAIN PERSONNEL POLICIES AND PROCEDURES FOR EMPLOYEES OF THE CITY OF PEARLAND; DEFIN- ING BASIC OBJECTIVES; CONTAINING CERTAIN DEFINITIONS; PROVIDING PROCEDURES FOR EMPLOYMENT AND SEPARATION; PRO- VIDING FOR A PROBATION PERIOD, PROVIDING FOR A WAGE & SALARY ADMINISTRATION; PROVIDING STANDARDS OF WORK AT- TENDANCE AND LEAVE; ESTABLISHING WORKING RELATIONSHIPS; ESTABLISHING A CONDUCT AND DISCIPLINE PROCEDURE; CON- TAINING GENERAL PROVISIONS; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE, A.SEVERABILITY CLAUSE, AND OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye": Councilman Gray, Councilman Frauenberger, and Councilman Mack. Voting "No": None. Motion passed 3 to 0. Councilman Lentz and Councilman Bost absent from the Meeting. NEW BUSINESS:(Continued) ESTABLISHMENT OF A POLICY ON THE USE OF PORTABLE BUILDINGS WITHIN THE CITY: City Manager Wicker recommended that the City Council authorize the City Staff to not allow any future use of portable buildings for business purposes except where the portable buildings are necessary during construction; and in all cases where portable buildings are used temporarily for office or business purposes, that all plumbing and electrical requirements be complied with. it was moved by Councilman Frauenberger, seconded by Councilman Gray that the City Council adopt a policy directing the Staff to issue portable building permits only after the issuance of a permanent building permit in the event a temporary facility is required while the permanent facility is being constructed. Motion passed 3 to 0. DIRECTIVE FOR STAFF TO STRICTLY ENFORCE SUBDIVISION ORDINANCE: City Manager Wicker requested a directive from the City Council regarding the enforcement of the Subdivision Ordinance. It was moved by Councilman Mack, seconded by Councilman Gray that the City Council instruct the City Manager to strictly enforce the Subdivision Ordinance, as drawn, both inside the City Limits and in the Extra Territorial Jurisdiction. Motion passed 3 to 0. OTHER BUSINESS: �• 4v.7 aJ EXCUSED ABSENCE FROM MEETING OF MAY 23, 1983, FOR MAYOR REID: It was moved by Councilman Gray, seconded by Councilman Mack that Mayor Reid's absence from the May 23, 1983 meeting be shown as "Excused Absence". Motion passed 3 to 0. MEETING RECESSED TO EXECUTIVE SESSION AT 9:50 P. M. UNDER ARTICLE 6252-17, TEXAS REVISED CIVIL STATUTES, SECTION 2, SUBSECTION (g) PERSONNEL. RETURNED TO OPEN SESSION AT 10:35 P. M. NEW BUSINESS: (Continued) RATIFICATION OF CITY MANAGER'S APPOINTMENT FOR MEMBER OF CIVIL SERVICE COMMISSION: This item not ready to be considered at this time; to be placed on the next regular agenda. ADJOURN: Meeting adjourned at 10:37 P. M. Minutes approved as submitted and/or corrected this the day of , A. D., 1983. Mayor ATTEST: City Secretary