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1989-10-09 CITY COUCNIL REGULAR MEETING MINUTES47 MIlVU ES OF A REGULAR MEE.TIM OF THE CITY COUNCIL OF THE CITY OF PEARIAN D, TEXAS, HELD ON OCTOBER 9, 1989, AT 7:30 P. M. IN TBE 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 Wolff Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary James Bost Richard Tetens D. A. Miller David Smith Ronald J. Wicker Robert Talton Kay Krouse The invocation was given by Councilmember James Bost. The Pledge of Allegiance was led by Councilmember William Wolff. : �;i;.0 :moi uu►l �u�,� It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the Minutes of the Regular Meeting of September 25, 1989, be approved as presented. Motion passed 4 to 0. Councilmember Bost abstained. MAYOR'S ACTIVITY REPORT Mayor Reid issued a proclamation proclaiming Saturday, October 21, 1989, as Shrine Hospital Benefit Day in Pearland. On behalf of all Shriners, Mr. Ray Kaufhold accepted the proclamation. Mayor Reid recognized students of a government class at San Jacinto College from the audience. Mayor Reid mentioned that he has noticed a number of businesses along FM 518 do not have street numbers on their buildings, which makes these businesses difficult to locate. City Manager Ron Wicker responded that he would check to see if we have an ordinance to enforce this. COUNCIL ACTIVITY REPORT Councilmember Smith reported that he had attended a Drainage District No. 4 meeting this morning. In addition, he reported he had attended a meeting on September 27 in Friendswood of the Steering Committee for the Clear Creek Drainage Plan, Phase 1, with a majority of the cities and counties involved being represented. Councilmember Smith said that it appears the committee will be pushing for broadening the scope of the concept of impact fees so that money would be available to use for drainage projects such as building retention lakes on the upstream part of Clear Creek and its tributaries. In addition, some of the cities and counties are buying up flood -prone properties. Councilmember Smith reported he gave a sample copy of a resolution to City Attorney Talton for his review which basically states we approve of the plan and phase work this steering committee is doing. In conclusion, Councilmember Smith stated that the City of Pearland will be hosting the next meeting of the committee in November. Councilmember Miller reported he had met with some members of the health insurance committee last week regarding the bidding process on the insurance for City employees and questioned whether or not the City Staff would be rebidding the insurance. In response, City -Manager Wicker informed that the coverage would be rebid as some corrections arebeing made to the bid package. All interested bidders will be notified and bid packages will be available to be picked up at City Hall at a particular date and time. Councilmember Miller stated he had recently received a letter from the police patrolmen's union regarding questions about holiday pay and City employees' involve- ment in political activities. Councilmember Miller requested that a meeting be arranged between himself, the City Manager, the Police Chief and representatives from the policemen's union. When advised that the City does not recognize the police union, Councilmember Miller requested a meeting between himself, City Manager Wicker and Police Chief Garner to discuss the problems presented by the union. Councilmember Miller questioned City Manager Wicker regarding the fund balances as listed on page 9 of the 1990 Budget. City Manager Wicker responded that this money is in the bank, deposited in Certificates of Deposit and various other accounts in the bank. Councilmember Miller recognized Mrs. Irene Mansfield from the audience and informed that Mrs. Mansfield received an award for her endeavors in environmental protection this past Sunday in Washington, D. C. This award was from the Greenpeace Foundation, Citizens Clearing House for Hazardous Waste and presented to Mrs. Mansfield by Ralph Nader. In conclusion, Councilmember Miller stated that the 100 Club Banquet this last weekend was a huge success. City Manager Ron Wicker reported that the paving program with the County has been shut down for the last week or so, but they should be moving back in this week. They have nearly completed the streets on the first lists and will try to do as many other streets as possible. City Manager Wicker stated he felt that Brazoria County Drainage District No. 4 is doing an outstanding job of cleaning along Mary's Creek. They are making a channel that will be easier to clean and take more water. City Manager Wicker informed that recently we jointly bid, with the City of Friendswood, on some new mobile data terminals offered by the Texas Surplus Property Agency. We were notified that we were successful on the bid and will. be receiving 10 of these terminals at a cost of under $5,000. These mobile data terminals will be used by our Police Department in the patrol cars and will give an officer the capability of retrieving pertinent information without having to call the police dispatcher. 1. Ford Cummings, Dickinson, Texas. Mayor Reid advised that Mr. Cummings had asked that his appearance be postponed until a future agenda. 2. Anita Hill Griffon, Hill's Sand Company. Mrs. Griffon stated she would like to relinquish her time to their attorney, Tom Aubry. 3. Arden Hill, Jr., Hill's Sand Company. Mr. Hill stated he, too, would like to relinquish his time to Tom Aubry and, in addition, he invited all the Council to visit his place of business and see the operation going on there. 4. Tom Aubry, Attorney for Hill's Sand Company. Mr. Aubry stated he was appearing before Council because he was informed that the City might institute some litigation against Hill Sand Company based on two City ordinances. Mr. Aubry stated that Hill Sand Company was not in violation of Ordinance No. 509, the Zoning Ordinance, because Hill. Sand is not dumping waste inside the city limits and that Ordinance No. 215, contra l l ing 1 andfi l l s inside the city limits and the extraterritorial jurisdiction was unconstitutional. Mr. Aubry maintained that Hill Sand Company has been properly permitted by the State and that the landfill is designed to protect the environment. 5. Irene Mansfield, 16731 C.R. 127. Mrs. Mansfield described her trip to Washington, D. C. and the public recognition given to the Pearland Area Actions Association. 6. Frances Jamison, FM 518. Mrs. Jamison stated she would not be speaking this evening. Instead, she wanted to inform everyone that Jack Farmer had passed away yesterday, October 8. Mr. Farmer served the City for many years as our Election Judge. There was a moment of silent prayer in memory of Jack Farmer. M I Q1 1 z 1 `! CI I Do in 1.114.11 04 ORDINANCE NO. 582, ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ON A PORTION OF DDCIE FARM ROAD WITHIN THE CORPORATE LIMITS OF PEARLAND AMID PROVIDING A PENALTY FOR VIOLATION THEREOF Ordinance No. 582 was read in caption by Councilmember Bost. (Second Reading) It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Ordinance No. 582 be passed and approved on the second of two readings. Said Ordinance No. 582 reads in caption as follows: ORDINANCE NO. 582 AN ORDINANCE ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ON A PORTION OF DIXIE FARM ROAD WITHIN THE CORPORATE LIMITS OF PEARLAND AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens and Miller. Voting "No" - None. Motion passed 5 to 0. RESOLUTION ND. R89-34, RESOU]TION NOMINNTING CANDIDATES FOR THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT Resolution No. R89-34 was read in its entirety by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Resolution No. R89-34, nominating Dennis Frauenberger for member of the Board of Directors of the Brazoria County Appraisal District, be passed and approved on the first and only reading. Said Resolution No. R89-34 reads in caption as follows: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING CANDIDATES FOR THE BOARD OF DIRECTORS OF THE BRAZORIA COUNTY APPRAISAL DISTRICT. Voting "Aye" - Councilmembers Miller, Tetens, Wolff, Smith and Bost. Voting "No" - None. Motion passed 5 to 0. AGREEMENT TO DRAINAGE DITCH AND EASEMENT SERVING THE NEW HIGH SCHOOL PROPERTY AND INDEPEDIDENCE PARK Councilmember Wolff advised that, in the absence of Mayor Reid, he chaired a workshop between the Council, members of the Board of Trustees of Pearland Independent School District and representatives from Brazoria County Drainage District No. 4 on September 28 at City Hall. The architect and the engineer for the new high school were also present and a discussion was held regarding extension of a sanitary sewer line to a point of acceptance and the attainment of a drainage easement from the ,— adjacent property owner to bring adequate drainage to the new school site. Councilmember Smith informed that it was mutually agreed upon by the members in attendance that, because of Councilmember WolfffIs personal relationship with the Pasternak family, it would be to everyone's advantage for Councilmember Wolff to pro- ceed with obtaining an easement from the Pasternak family. With this easement it is proposed that the Drainage District will dig a new ditch on the rear of City property in Independence Park and all along the division of Pasternak property and City property and then going into Mary's Creek. It was moved by Councilmember Wolff, seconded by Ccuncilmember Smith, that the City accept the responsibility of acquiring the drainage easement from Mr. Pasternak for the drainage ditch across his property. �' Motion passed 5 to 0. COUNCIL DIRECTION ON CONTINUATION OF DRAINAGE STUDY FOR THE WESTERN PART OF THE CITY City Manager Ron Wicker explained that Staff needs some direction from Council on whether to proceed with Requests for Proposals for drainage study for the western part of the City. Councilmember Smith stated that after attending the Drainage District No. 4 meeting this morning, he is of the opinion that the engineer for the Drainage District is doing a drainage study for this particular section of town and that when this study is submitted, the City could get a copy of it. Councilmember Smith said that, at this time, he felt that the City would be duplicating what the Drainage District will be doing. Mayor Reid advised that action on this item would be passed to a future agenda. NEW BUSINESS ORDINANCE NO. 509-19, RUDY SCHUBERT, AGENT FOR CHARLES WIGHT, III, OWNER, FOR AN AMENDMENT TO THE LAPID USE AND URBAN DEVEIAPMENT ORDINANCE FROM CLASSIFICATION GENERAL BUSINESS TO COMMERCIAL Ordinance No. 509-19 was read in caption by Councilmember Wolff. (First Reading) It was moved by Councilmember Wolff, seconded by Councilmember Miller, that Ordinance No. 509-19 be passed and approved on the first of two readings. Said Ordinance No. 509-19 reads in caption as follows: ORDINANCE NO. 509-19 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 Bost, Smith, Wolff, Tetens and Miller. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION FOR STAFF TO PROCEED WITH INSTALLATION OF PRESSURE SEWER LINE FROM INDEPENDENCE PARK LIFT STATION TO NEW HIGH SCHOOL PROPERTY City Manager Wicker explained that at the workshop with the School Board last week, it was determined that a pressure line should be put in from the school property to our lift station located on the northeasterly portion of Independence Park, and Staff is asking for Council approval to install this line. In Council discussion, it was pointed out that this line should be installed after the new ditch is dug. It was moved by Councilmember Wolff, seconded by Councilmember Smith, that a sewer line be laid from a current manhole in the City property to the school property for service to the new school, that the material in the form of pipe be furnished by the school district, and that the labor be performed by City forces. Motion passed 5 to 0. AUTHORIZATION FOR PAYMENT OF $8,500.00 FOR RENEWAL OF MCNAUGHTON PLAN FOR THE PEARLAND LIBRARY City Manager Ron Wicker explained that, normally, this is paid in increments, but that the Library would like to get the books as soon as possible. It was moved by Councilmember Bost, seconded by Councilmember Wolff, that Staff be authorized to make payment from the appropriate fund, in the amount of $8,500.00, for renewal of the McNaughton Plan for the Pearland Library. Motion passed 5 to 0. 51 City Manager Wicker informed that the State has made some design changes on these two bridges to meet Federal requirements and they are adequately designed to meet 100 year flood elevation requirements. In both cases, provisions will be made to keep the roads open at all times during the construction. The City's share will be 20'l of the total cost, which, for both bridges, is slightly less than anticipated. We have already expended 10'/ of our cost, Mr. Wicker informed. It was moved by Councilmember Smith, seconded by Councilmember Bost, that Council approve the bridge plans for the bridges at Dixie Farm crossing Mary's Creek Bypass and Longherridge Street across Mary's Creek. Motion passed 5 to 0. • 0 104 • -1-40 . Mayor Reid advised there would be no need for an Executive Session at this time. The meeting adjourned at 8:55 P. M. Minutes approved as submitted and/or corrected this A. D., 1989. ATTEST: City Sec tary ,90 day of �om - Mayor