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1989-09-11 CITY COUNCIL REGULAR MEETING MINUTES29 XDUTES OF A. RE1=M MEUM OF THE CITY C(XM= OF THE CITY OF PEARUM, TEXAS, HEID ON SEPTEMBER 11, 1989 AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem William E. Wolff (entered Chambers at 7:45 P. M.) Councilmember Councilmember Councilmember City Manager City Attorney Richard Tetens D. A. Miller, Jr. David Smith Ronald J. Wicker Robert Talton City Secretary Kay Krouse Absent from the Meeting: Councilmember James Bost The invocation was given by Councilmember Richard Tetens. The Pledge of Allegiance was led by City Manager Ron Wicker. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the Minutes of the Regular Meeting of August 28, 1989, be approved as presented. Motion passed 3 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid proclaimed Saturday, September 30, 1989, as "Field Dedication Day for the Y M C A." Beth Stuts with the TriCounty Y M C A in Pearland accepted the proclamation. Mayor Reid issued a proclamation that proclaimed Sunday, September 24, 1989, as "Lions Club Golf Tournament Day." Vincent Bruno accepted the proclamation on behalf of the Lions Club. Mayor Reid issued a proclamation proclaiming Saturday, October 7, 1989, as 11100 Club of Pearland Day." D. A. Miller, President of the 100 Club, and other Board members accepted the proclamation. Mayor Reid proclaimed Sunday, September 17, 1989, as "Literacy Sunday." Dale Pillow and Patty Moncus accepted the proclamation on behalf of the Adult Reading Center. COUNCIL ACTIVITY REPORTS Councilmember Smith reported the following items: 1) the street paving program with the County is going very well, 2) he has met almost daily with Lloyd Yost regarding work being done on Mary's Creek and they have now identified other problems needing to be corrected, 3) a meeting on September 7 with State Representative Jack Harris, Higaway Department District Engineer Milton Dietert, County Commissioner Billy Joe Plaster, two Drainage Commissioners, Lloyd Yost, Councilmember Wolff, City Manager Wicker and himself in attendance, which he felt was a productive meeting identifying several common problems among the agencies; 4) he believes we now have a drainage plan worked out with the school, from their retention pond into the new ditch that will be dug across the Pasternak land, where the ditch that now crosses the park will not have to be deepened nor enlarged, which he believes will be to the City's advan- tage; and 5) September 17-23 is E. M. S. Week in Texas, bids will be opened shortly for a new E.M.S. medic's car and the number of runs by the E.M.S. is steadily increasing. Councilmember Miller questioned whether the problems he had been informed about con 30 cerning the permitting through our building permit department for the new private school on Liberty Drive have been resolved. City Manager Ron Wicker responded that the City Staff is prepared to issue a temporary certificate of occupancy for this school, with the understanding that within a 30 -day period the things needing to be corrected will be done. Councilmember Miller reported he had met with the City Manager regarding the high rate of insurance for the City employees. He stated he hoped that the recommenda- tions made by the committee formed to study insurance plans would be followed to obtain good insurance at a decent rate for all the employees. DEPAR'IIMENI!AL REPORTS City Manager Ron Wicker reported on the status of the street paving program. Mr. Wicker stated he, too, felt that the meeting on September 7 was very productive. The bridges across Hwy 35 over Clear Creek and Mary's Creek were discussed and it appears the Highway Department will be agreeable to working with the various governmental agencies to see some corrections made in these bridge structures. In addition, Mr. Wicker reported that sometime this week he and Lloyd Yost wi11 be meeting on site with a representative of the Santa Fe Railroad concerning their bridge over Mary's Creek to see what corrections can be made there. DI X111 AN��`± 1. Ben Best, 5203 Apple Springs. Mr. Best thanked Mr. Wicker and the Finance Director for the report he requested concerning the 1982 Bond Funds. Since there is approximately $87,000 left in these fluids, he stated he would like to see this used on improvements to the drainage in Corrigan Subdivision. Mr. Best remarked to Council that he had been reminded by State Representative Jack Harris that the State has money available in flood improvements bonds, which require 50/50 matching. Mr. Best requested that Council investigate this to see what it would take to push a bond issue for the City's matching share with the drainage improvements directed to Corrigan and the Mary's Creek area. 2. Marty Robbins, representing A.A.R.P. Mr. Robbins spoke to Council requesting that they reject the proposal made to them recently by another Senior citizen group to lease the activity building on South Grand from the City. Mr. Robbins said he felt the facility should be used by all the senior citizens in Pearland and should remain in the control of the City. 3. Nell Fuller, Founders Day Parade Chairman. Mrs. Fuller requested Council approval of the parade route for the Founders Day parade on Saturday, October 14. The participants would line up on either side of Grand Blvd., travel east on FM 518 and end at the bowling alley. Mrs. Fuller informed this route has been approved by the Chief of Police. Additionally, Mrs. Fuller invited all the Council to join in this day by walking along the parade route. 4. Frances Jamison, FM 518. Mrs. Jamison questioned how many lawsuits the City has against them. She mentioned that she had been informed that the State has $1M available for study of the Clear Creek Watershed. DOCKED PUBLIC HEARINGS - None BUSINESS OBDRO E NO. 576, AN APPROPRIATION ORDINANCE ADOPTIM A BLMG .T FOR IHE FISCAL YEAR BEGINNING OCTOBER 1, 1989, AND ENDING SEPTEIWEER 30, 1990 Ordinance No. 576 was read in caption by Councilmember Smith. (Second Reading) It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Ordinance No. 576 be passed and approved on the second and final reading. Said Ordinance No. 576 reads in caption as follows: W,i11) ,7:1► M AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1989, AND ENDING SEPTEMBER 30, 1990 AND PROVIDING FOR AN EFFECTIVE DATE. 31 Voting "Aye" - Councilmembers Smith, Wolff and Miller. Voting "No" - Councilmember Tetens. Motion passed 3 to 1. ORDINANCE NO. 577, ORDINANCE LEVYING TAXES, AMID PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1989 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE Ordinance No. 577 was read in caption by Councilmember Wolff. (Second Reading) It was moved by Councilmember Wolff, seconded by Councilmember Miller, that Ordinance No. 577 be passed and approved on the second and final reading. Said Ordinance No. 577 reads in caption as follows: ORDINANCE NO. 577 AN ORDINANCE LEVYING TAXES FOR THE USE AMID SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1989; APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE AND PROVIDING FOR AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Wolff and Smith. Voting "No" - Councilmember Tetens. Motion passed 3 to 1. ORDINANCE NO. 509-16, ORDINANCE AMENDING LAND USE AMID URBAN IEVELOPMW ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT TO ALLOW TWO HORSES AND A FARM ACCESSORY BUILDING IN AN R-1 RFST tENTIAL ZONUNG DISTRICT; PROVIDING FOR A PENALTY FUR VIOLATION TMMF (PATRICIA BE.`n1EA, AGENT FOR TERRY PARIS, MIER.) Ordinance No. 509-16 was read in caption by Councilmember Tetens. (Second Reading) It was moved by Councilmember Tetens, seconded by Councilmember Miller, that Ordinance No. 509-16 be passed and approved on the second and final reading. Said Ordinance No. 509-16 reads in caption as follows: ORDINANCE ND. 509-16 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 TO ALLOW TWO HORSES AND A FARM ACCESSORY BUILDING IN AN R-1 RESIDENTIAL ZONING DISTRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Smith, Wolff, Tetens and Miller. Voting "No" - None. Motion passed 4 to 0. [41,44"Wil • • • • •�r r r r ,-� a i• : �; • i� •;•�r r :� a�• r,-• • ray • • r•� r wa�•� r•� : • i • • • ia�• Ordinance No. 509-17 was read in caption by Councilmember Miller. (Second Reading) It was moved by Councilmember Miller, seconded by Councilmember Smith, that Ordinance No. 509-17 be passed and approved on the second and final reading. Said Ordinance No. 509-17 reads in caption as follows: 32 ORDIN10M NO. 509••-17 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 TO HAVE A PRIVATE SCHOOL FACILITY IN AN R-2, RESIDENTIAL, ZONING DISTRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Miller, Tetens, Wolff and Smith. Voting "No" - None. Motion passed 4 to 0. A lengthy discussion followed concerning Ms. Jackson's compliance with the Southern Standard Building Code. ORDINANCE NO. 579, ORDINANCE MYRU iIZING THE APPROVAL OF A MUTUAL AID FIRE PSOTFCTION AGREEMENT WITH THE CITY OF PEARLAND AND THE SOUTHEAST VOLUNTEER FIRE DEPARTMENT Ordinance No. 579 was read in caption by Councilmember Smith. (Second Reading) It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 579 be passed and approved on the second and final reading. Said Ordinance No. 579 reads in caption as follows: ORDINANCE NO. 579 AN ORDINANCE AUTHORIZING THE APPROVAL OF A MUTUAL AID FIRE PROTECTION AGREEMENT BETWEEN THE CITY OF PEARLAND AND THE SOUTHEAST VOLUNTEER FIRE DEPARTMENT. Voting "Aye" - Councilmembers Smith, Wolff, Tetens and Miller. Voting "No" - None. Motion passed 4 to 0. MEETING RECESSED AT 8:50 P. M. MEETING RECONVENED AT 8:59 P. M. '�fiil001 8& It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Council approve the parade route as presented for the Founders Day Parade on October 14, 1989. Motion passed 4 to 0. REQUEST BY LORNA BYERLY, DIGICON GEOPHYSICAL CORP., TO CONDUCT A SEISMIC SURVEY WITHIN THE CITY LIMITS OF PEARLAND Ms. Byerly explained that the company proposes to use one to five pound charges of dynamite going across undeveloped land. City Attorney Robert Talton advised that Digicon Geophysical needs to post a $100,000 bond before testing begins. It was moved by Councilmember Wolff, seconded by Councilmember Smith, that if Digicon Geophysical Corp. is in compliance with the City's regulations, the permit be issued using dynamite charges up to five pounds at a minimum of 100 feet depths. Motion passed 4 to 0. ORDRW= NO. 509-18, TOM J. FUDGES, AGENT FUR PEARLAND HOME ASSOCIATION, OWNER, FOR AN AMMMEW TO THE LAND USE AND URBAN DEVEIDPMEU ORDINANCE FROM CLASSIFICATION R-2, RESID NTIAL flW E T INC„ DISTRICT TO (NERAL BUSINESS Ordinance No. 509-18 was read in caption by Councilmember Wolff. (First Reading) It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Ordinance No. 509-18 be passed and approved on the first of two readings. Said Ordinance No. 509-18 reads in caption as follows: ORDINANCE NO. 509-18 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 PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Miller, Tetens, Wolff and Smith. Voting "No" None. Motion passed 4 to 0. 1.•41 1 WORN i 1 1 11O1'>r 1 I' 1 �� / 'iPM�I i `ill• 1� °iii 6 � I YD► 1 1• • •i 1'i� I� Y� City Manager Ron Wicker explained that this ordinance will allow employees with prior military service to receive credit up to a maximum of five years toward retirement time if they met certain criteria. In order to receive this credit, the qualified employee will need to deposit with T.M.R.S. an amount equal to $15.00 times the months of military service for which credit is being applied for. In general discussion it was suggested that a time limit be placed on making application for this military credit. City Attorney Talton advised he would check into this. Ordinance No. 580 was read in caption by Councilmember Tetens. (First Reading) It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that Ordinance No 580 be passed and approved on the first of two readings. Said Ordinance No. 580 reads in caption as follows: AN ORDINANCE ALLOWING CERTAIN EMPLOYEES OF THE CITY, WHO PERFORMED OR HERE- AFTER PERFORM ACTIVE SERVICE IN THE ARMED FORCES (OR THEIR RESERVES OR AUXILIARIES) OF THE UNITED STATES UNDER HONORABLE CONDITIONS, TO APPLY AND MAKE DEPOSITS FOR, AND TO RECEIVE SPECIAL CREDIT WITH THE TEXAS MUNICIPAL RETIREMENT SYSTEM FOR LIMITED PORTIONS OF SUCH MILITARY SERVICE, AND PROVIDING FOR PAYMENT BY THE CITY OF ITS SHARE OF THE COSTS OF ALLOWING SUCH CREDITS. Voting "Aye - Councilmembers Smith, Wolff, Tetens and Miller. Voting "No" -;None. Motion passed 4 to 0. ORDINANCE NO. 581, ORDINANCE GRANTING CITY EMPLOYEES PRIOR SERVICE CREDIT FOR PROBATIONARY EMPIAYMEnTT IN THE TEXAS NU IICIPAL RETIREMENT SYSTEM Ordinance No. 581 was read in caption by Councilmember Miller. (First Reading) It was moved by Councilmember Miller, seconded by Councilmember Tetens, that Ordinance No. 581 be passed and approved on the first of two readings. Said Ordinance No. 581 reads in caption as follows: ORDINADOE NO. 581 AN ORDINANCE GRANTING TO CITY EMPLOYEES ADDITIONAL RIGHTS AND CREDITS IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM AS AUTHORIZED BY SECTION 63.303 SUBTITLE G, TITLE 110B, REVISED CIVIL STATUTES, AS ENACTED BY HOUSE BILL 1885, ACTS OF THE REGULAR SESSION OF THE 71ST LEGISLATURE. i 34 Voting "Aye" - Councilmembers Miller, Tetens, Wolff and Smith. Voting "No" - None. Motion passed 4 to 0. RESOLUTION NO. R89-32, RESOLUTION ACCEPTING RIGHT -OF --WAY DEED FOR EXTENSION OF MA=LIA ROAD Mayor Reid advised that upon the recommendation of the City Attomey, this item would be passed to a future agenda. MyTION TO RESCIND THE MINUTE ORDER SETTING UP ND PAR1aNG SIGNS AIM NASAWOOD DRIVE City Manager Ron Wicker explained that several months ago Russell Plank, in trying to resolve the access issue into the then Nasawood Subdivision, came before Council requesting no parking along that section of Nasawood Drive through the Bofysil property, and, with the no parking, allowing that section of Nasawood Drive to remain the existing 28 feet instead of being widened to the required 41 feet. The access issue has now been resolved in a different way, Mr. Wicker informed, and he recommends that Council rescind their Minute Order prohibiting parking, and again require that when the Bofysil tract is ultimately developed, that Nasawood Drive would have to be widened to 41 feet back -of -curb to back -of -curb. It was moved by Councilmember Wolff, seconded by Councilmember Smith, that the Minute Order, passed by the City Council on May 15, 1989, setting up no parking signs along Nasawood Drive be rescinded. Motion passed 4 to 0. AUTHORIZATION FOR STAFF TO PROCEED WITH DEVELOPMENT OF NECESSARY ORDINANCE FOR PROTECTION OF TREES WITHIN CORPORATE LIMITS OF CITY OF PEARLAND Mayor Reid advised this item has been referred to the Planning and Zoning Commission for their review and future recommendation to Council. APPOINTMENT OF STEERING COMMITTEE MEMBER TO HARRIS COUNTY FLOOD 00040OL DISTRICT, CLEAR CREEK REGIONAL DRAINAGE PLAN - PHASE 1 It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Councilmember David Smith be representative of the City of Pearland Council on the Harris County Flood Control District, Clear Creek Regional Drainage Plan - Phase 1. Motion passed 3 to 0. Councilmember Smith abstained. AUTHORIZATION FOR STAFF TO SOLICIT REQUESTS FOR PROPOSALS FOR SURVEYING AND ENGINEERING FOR DRAINAGE IMPROVEMENTS IN CORRIGAN SOM SUBDIVISION City Manager Wicker requested authorization for Staff to solicit Requests for Proposals for surveying and engineering to look at potential drainage improvements in the Corrigan South Subdivision and seek solutions to the problems there. We have, Mr. Wicker stated, approximately $87,000 in the 1982 bond funds that can be expended. Staff would develop a proposal outlining the surveying and engineering we want done and bring this back to Council for their consideration. A committee consisting of a representative from Engineering, City Manager Wicker and a Council appointee would review the R.F.P.'s received and make a recommendation to Council. It was moved by Councilmember Wolff, seconded by Councilmember Miller, that Staff be authorized to obtain Request for Proposals for surveying and engineering for drainage improvements in Corrigan South Subdivision. Motion passed 4 to 0. As a side issue raised by Councilmember Wolff, there was a general Council and Staff discussion on how many houses flooded during the last hurricane, how this number could be determined and would this information be meaningful. ADJOURN The meeting adjoumed at 9:50 P. M. Minutes approved as submitted and/or corrected this,,- A.-D., his,,-A.-D., 1989. r— ATTEST: G city Secretary r-- 35