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1989-10-23 CITY COUNCIL REGULAR MEETING MINUTES52 KMMM OF A RE(TJLAR MEUM OF T[E CITY CMUIL OF 7FE CITY OF PEAHUM, TEXAS, HELD ON OCTOBER 23, 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 Wolff Councilmember Councilmember Councilmember City Manager City Attorney City Secretary David Smith D. A. Miller Richard Tetens Ronald J. Wicker Robert Talton Kay Krouse Absent from the Meeting: Councilmember James Bost The invocation was given by Councilmember David Smith. The Pledge of Allegiance was led by Police Chief Randy Garner. APPROVAL OF NARES It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the Minutes of the Regular Meeting of October 9, 1989, be approved as presented. Motion passed 4 to 0. MANMIS ACTIVITY REPM Mayor Reid issued a proclamation proclaiming the Week of October 22-29, 1989, as "Red Ribbon Week" in Pearland. Members of Girl Scout Troop No. 106 accepted the proclama- tion. Mayor Reid presented Finance Director Janet Eastburn with an award from the Government Finance Officers Association, the Certificate of Achievement for Excellence in Financial Reporting for 1988. Mayor Reid informed that the City has been receiving this award every year since 1976. Councilmember Miller reported he had met on October 12 with the City Manager and the Police Chief regarding the issue of holiday pay and comp time and the differences with this between the Police Department and other City employees. It is his understanding that a report will be forthcoming on the policy of other cities in the area on this matter. Councilmember Miller also reported he had participated in the Founders Day Parade and commended all who were involved in the events of the day. On October 17, Councilmember Miller further reported, he attended a meeting of the Airport Committee, composed of himself representing Pearland and representatives from ...� Friendswood and Alvin. This committee is conducting a feasibility study on Clover Field to determine what advantages it would have for the cities. At this meeting they proposed a request for a master plan which will advise them regarding the cost of making the airport operational and meeting F.A.A. rules. Councilmember Miller reported he attended the Brazoria County Cities Association meeting which Pearland hosted on October 18. Mayor Reid presented a very fine slide presentation on the Space program with emphasis on the recent Atlantis Mission. Councilmember Miller stated he would like to thank Kay Krouse, Tommie Jean Vial and Barry Lastik and others involved for making this meeting a big success. Mayor Reid spoke on the concept of the feasibility study for Clover Field Airport and mentioned that this airport was recognized as a potential reliever airport for Hobby and Ellington Fields on the H -GAC network of the airport facilities. Mayor Reid commended Councilmember Miller for his fine work on this airport committee. Councilmember Tetens reported he would like to again thank the City Staff for their assistance in hosting the B. C. C. A. meeting at the Community Center on October 18. Councilmember Wolff reported on an issue that he felt had the potential of becoming a crisis in our community, that being residents in our City who elect to purchase pit bull dogs. Councilmember Wolff informed that last Thursday, in the neighborhood where his grandchildren live, their next door neighbor's dog was attacked by a pit bull owned by a resident living across the street from them. Councilmember Wolff said that he was advised by a local veternarian that this breed of dog was basically used as a guard dog or an attack dog and this concerned him greatly. Upon investiga- tion, it was found that our current animal control ordinance does not cover this issue. Therefore, Councilmember Wolff stated, since the propensity of this dog is to be vicious, he would like to see the Council take whatever steps are necessary to eliminate pit bull dogs from inside our City before a crisis occurs. Mayor Reid pointed out that most of the City ordinances mention the health, safety and welfare of the community. He instructed the City Attorney to investigate this matter and report back to Council on what can be done on this issue. In conclusion, Councilmember Wolff reported he had inspected the cleaning site of the Magnolia Road extension and that everything looks good. Councilmember Smith reported that he had attended several drainage meetings over the last two weeks and has travelled around with Lloyd Yost checking the various drainage areas along the creeks. City Manager Ron Wicker reported about receiving the new mobile data terminals which are computer -type radio equipment used in police cars. These terminals were purchased jointly with the City of Friendswood through Texas Surplus. When this equipment is set up, Mr. Wicker stated he would like the news media to publicize it so that Texas Surplus is assured that these terminals are getting optimum use. City Manager Wicker reported the paving program with the County is proceeding very well. Lately, they have been working on Ryan Acres, McLean and some streets in Twin Creek Woods. Once these roads are finished, they will move to Barry Rose Road and other roads, depending on the money available. It is important to point out, Mr. Wicker said, that because of the extremely dry weather, some of the roads around town have experienced cracking on the edges. City Manager Wicker reported that City crews have cleared the right-of-way for the Magnolia Road extension and will be filling the old irrigation ditch on the north side of the road. We will then be working with the County which will be doing the basic grading and base work. CITIZENS 1. Frances Jamison, FM 518. Mrs. Jamison signed to speak but did not appear. 2. Ben Best, 2414 S. Park. Mr. Best signed to speak but did not appear. It I Xk 114 �- ORDINANCE NO. 509-19,. RUDY SCHUBERT, AGENT FOR CHARLES WIGHT, III, OWNER, FOR AN AME DNENT TO TFE LAND USE AND URBAN DEVELOPMENT ORDINANCE FROM CLASSIFICATION ORAL BUSINESS TO CC�TMEFCIAL Ordinance No. 509-19 was read in caption by Councilmember Smith. (Second Reading) It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 509-19 be passed and approved on the second and final reading. Said Ordinance No. 509-19 reads in caption as follows: 54 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 Smith, Wolff, Tetens and Miller. Voting "No" - None. Motion passed 4 to 0. NEW BUSINESS EXCUSED ABSENCE FOR COUNCIu94HER JAMES BOST FROM REGULAR MEETING OF OCTOBER 23, 1989 It was moved by Councilmember Wolff, seconded by Councilmember Smith, that Councilmember James Bost be excused from the Regular Meeting of October 23, 1989. Motion passed 4 to 0. RESOLUTION NO. R89-35, RESOLUTION DESIGNATI TO BMTON-GALVFSTON AREA COUNCIL GENERAL, ASSEMBLY FOR 1990 Resolution No. R89-35 was read in its entirety by Councilmember Wolff. It was moved by Councilmember Wolff, seconded by Councilmember Miller, that Resolution No. R89-35 be passed and approved naming Tom Reid as Representative and Richard Tetens, Alternate to the H -GAC General Assembly for 1990. Said Resolution No. R89-35 reads in caption as follows: RESOLUTION AD. 889-35 A RESOLUTION DESIGNATING REPRESENTATIVES TO HOUSTON- ALVESTON AREA COUNCIL GENERAL ASSEMBLY FOR 1990. Voting "Aye" - Councilmembers Smith, Wolff, Tetens and Miller. Voting "No" - None. Motion passed 4 to 0. RFSOIDTION NO. R89-36, RESOLUTION SUPPORTING ME CONCEPT OF A REGIONAL DRAINAGE PIAN FOR CLEAR CREEK WATERSHED Resolution No. R89-36 was read in its entirety by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Resolution No. R89-36 be passed and approved on the first and only reading. Said Resolution No. R89-36 reads in caption as follows: A RESOLUTION BY THE CITY OF PEARLAND SUPPORTING THE CONCEPT OF A REGIONAL DRAINAGE PLAN FOR CLEAR CREEK WATERSHED. Voting "Aye" - Councilmembers Miller, Tetens, Wolff and Smith. Voting "No" - None. Motion passed 4 to 0. RESOLUTION N0. 889-37, RESOLUTION AND OAR CASTIW. VOTES FOR THE CANDIDATES FOR ME BRAZORIA COUNTY APPRAISAL DISTRICT BOARD OF D Resolution No. R89-37 was read in its entirety by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Resolution No. R89-37 be passed and approved, casting one vote each for the 55 fo 11 owing: J. Al ton Bai 1 ey, Ri 1 ey A. Godwin, Le 1 and B. Kee, Dr. Burch Loggins and casting 189 votes for Dennis Frauenberger, for a total of 193 votes cast. Said Resolution No. R89-37 reads in caption as follows: RESOLUTION NO. 889-37 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CASTING VOTES FOR THE CANDIDATES FOR THE BRAZORIA COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. Voting "Aye" - Councilmembers Smith, Wolff, Tetens and Miller. Voting "No" - None. Motion passed 4 to 0. APPROVAL OF BE -SIGNING OF LIBERTY DRIVE AT SHADYEEM City Manager Ron Wicker explained that in August Mrs. Sue Fellers appeared before Council with a petition signed by homeowners in Parkview Subdivision requesting Council consideration of an all -way stop at the intersection of Liberty Drive and Shadybend to protect the children walking in that area. Since that time, Mr. Wicker related, a traffic count has been conducted which did not show that there was a warrant for an all -way stop, using as a standard the Uniform Manual of Traffic Control Devices. Staff did check on an accident history at that location and found no substantial accident data to justify on all -way stop. Mr. Wicker informed that there are, however, numerous children crossing that intersection in the morning and afternoon to and from school and it is Staff's recommendation to re-sign on either side of Liberty Drive to Shadybend making a 20 miles per hour zone during designated school times. At one time there was a 20 mile per hour school zone sign on Liberty, but several years ago it was moved onto Shadybend, Mr. Wicker added. r -- It was moved by Councilmember Smith, seconded by Councilmember Wolff that Council authorize the Staff to proceed with both the paperwork and the necessary installation of signs to re-sign Liberty Drive at Shadybend, 150 feet on either side of the intersection, with 20 mph school zone during designated school times. Motion passed 4 to 0. RECLASSIFICATION OF VARIOUS EMPLOYEES IN IlG AMID PUEUC WOMB DEPAR]MENP City Manager Wicker explained that when the 1989-90 Budget became effective on October 1, there were some changes in personnel he felt needed to be made in order to assist him in the proper operation of the City. Mr. Wicker informed that along with the reclassification of the four individuals, he has made appropriate changes in their salaries with funds available in the new budget and he is requesting Council ratification of these changes. In addition, Mr. Wicker added, he is requesting Council ratification of his appointment as Director of Public Works so that the Charter requirements are met. It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Council appoint Ron Wicker as Director of Public Works and ratify the reappointment of Dick Qualtrough as City Engineer; the appointment of Ronnie McWhirter as Superintendent of Public Works, overseeing the operation of Streets & Drainage, Water & Sewer, Construction and Sanitation; the appointment of Cecil Bowery as Construction Supervisor; and the appointment of Carlos Hernandez as Streets & Drainage Supervisor. Motion passed 4 to 0. ALTEKMZATION TO BID CQRPUTER. HARDWARE Felt MUNICIPAL COURT City Manager Ron Wicker informed that in the new budget there is $10,000 appropriated for the purchase of computer hardware for Municipal Court. We have prepared the specifications and have in mind some equipment which is totally compatible and will greatly help the computer access time for Municipal Court and the Police Department. It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Staff be authorized to bid computer hardware for MLmicipal Court. i 56 Motion passed 4 to 0. CHANGE IN THE 0EM OF BUSINESS 07HER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:44 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SE7CTI ON 2 Mayor Reid read from the posted agenda the topics to be discussed in Executive Session. MEETING RETURNED TO OPEN SESSION AT 9:53 P. M. Mayor Reid read the following items which were discussed in Executive Session and signed a certification to that effect: UNDER SUBSECTION (e) LEGAL - Council heard a report from the City Attorney on possible litigation in relation to Hill Sand Company, Inc. UNDER SUBSECTION (f) ACQUISITION OF REAL PROPERTY - Council heard a report and discussed with Staff activities in the Melvin Knapp Activity Center on Grand Blvd. and also heard and discussed with Staff right-of-way for drainage easements on Mary's Creek. NEW BUSINESS (Continued) AUTHORIZATION FOR STAFF TO PROCE® WITH LDGAL ACTION A( &INET HIM SAND COMPANY, INC. It was moved by Councilmember Miller, seconded by Councilmember Tetens, that Council authorize the City Attorney to proceed against the Hill Sand Company, Inc. for the enforcement of Pearland City Ordinances. Motion passed 4 to 0. ADJOURN The meeting adjourned at 9:56 P. M. Minutes approved as submitted and/or corrected this day of , A. D., 1989. i Mayor ATTEST: /t;�� el4r-2�� My Se tart'