1989-11-13 CITY COUNCIL REGULAR MEETING MINUTESIT,
IU)TES OF A FEMAR MEETIlG OF THE CITY CQCIL OF ME CITY OF PEARLAM, TEXAS, HELD
ON NOVEMBER 13, 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
Councilmember
City Manager
City Attorney
City Secretary
I Z &FOG•, W ! mo P 0.c r O.
James Bost
Richard Tetens
David Smith
D. A. Miller
Ronald J. Wicker
Robert Talton
Kay Krouse
The invocation was given by Councilmember James Bost. The Pledge of Allegiance was
led by City Manager Ron Wicker.
It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the
Minutes of the Regular Meeting of October 23, 1989, be approved as presented.
Motion passed 4 to 0. Councilmember Bost abstained.
It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the
Minutes of the Joint Public Hearing held on October 30, 1989, be approved as
presented.
Motion passed 4 to 0. Councilmember Bost abstained.
It was moved by Councilmember Tetens, seconded by Councilmember Miller, that the
Minutes of the Special Meeting of October 30, 1989, be approved as presented.
Motion passed 4 to 0. Councilmember Bost abstained.
MAYCR'S ACTIVITY REPORT
Mayor Reid presented a Declaration of Respect in memory of Jack Farmer to his widow,
Louise Farmer and daughter, Kathryn Farmer. This Declaration of Respect is in
recognition of Mr. Farmer's service to the City as the Election Judge for 13 years.
Mayor Reid issued a proclamation proclaiming the Week of November 12-18, 1989, as
American Education Week. Elaine Johnson, President of the Pearland Education
Association, accepted the proclamation.
Mayor Reid issued a proclamation declaring the Month of November as One Nation Under
God Month. Barbara Lenamon-Miller, President, and other members of the Exchange Club
accepted the proclamation.
Mayor Reid recognized students from the audience who are currently enrolled in a
government class at San Jacinto College.
Councilmember Bost mentioned that in the minutes of a recent Clean Pearland report,
the Board members are recommending that when a review is made of possible employee
merit promotions, the Clean Pearland Coordinator be considered and Councilmember Bost
stated that he would like to relay this information to the Staff.
Councilmember Smith reported that the next meeting of the Steering Committee and the
61
technical committee for the Clear Creek Drainage Plan, Phase I will be here in
Pearland at the City Hall on November 29.
Mayor Reid introduced Mr. Jim Green with the Harris County Flood Control from the
audience.
Councilmember Wolff requested that City Staff conduct a speed study on Westminister
Street, between FM 518 and Old Alvin Road, and also on San Antonio Street, from
Jasmine to Orange. Some citizens have reported these speed problems to him, and
Councilmember Wolff stated he would like to receive a report on this by the next
Council meeting.
Councilmember Tetens reported that the Planning and Development Committee met and is
making a recommendation for a zone change to Council. There is an item on the agenda
for this meeting that addresses this matter.
Councilmember Miller questioned the status of the employee health insurance. City
Manager Wicker responded that the specifications for the rebidding of the health
insurance were made available to be picked up on November 1 and bids will be formally
opened on November 29.
In response to Councilmember Miller's question, City Manager Wicker verified that
there would be a meeting in his office Tuesday afternoon regarding the treatment of
holiday and overtime pay for all employees. Councilmember Miller stated he would be
attending this meeting.
In response to the request made by City Manager Ron Wicker, Mayor Tom Reid called a
workshop of the Council for Monday, November 20 at 7:30 P. M. to discuss with
representatives of Bernard Johnson, Inc. the Master Plan report and Capital Cost
Recovery Analysis report prepared by their firm.
City Manager Wicker reported that, at long last, he was informed by the State that FM
518 will be open for public use this week, possibly by Tuesday.
City Manager Wicker stated that the County has been very helpful and is doing a good
job on the street paving program. He and Councilmember Smith will be meeting with
Commissioner Plaster and his superintendent this week to discuss the possibility of
paving other streets, with available funds. City Manager Wicker commented that the
City has made a giant stride in pavement work this year.
;HAY ��►�
1. Sue Fellers, 3710 Ginger. Mrs. Fellers stated she was speaking in behalf of the
residents in the Parkview Subdivision requesting Council's reconsideration of
their request for a four-way stop sign on Liberty Drive and Shadybend to slow
traffic on Liberty and to protect the children walking to and from school.
2. Frances Jamison, FM 518. Mrs. Jamison questioned whether the City Council was
going to abide by her letter written to them a few weeks back in which she stated
that if the City would drop their lawsuit against the Jamisons, they would, in
tum, allow the Drainage District to come on their property to clean that section
of Mary's Creek.
3. Bobby Stevener, DVM, Pearland. Mr. Stevener expressed to Council his feelings
about the current Animal Control Ordinance, which he helped draft, and about what
he felt was an injustice for Council to propose the banning of pit bull dogs
inside our City limits. Dr. Stevener encouraged Council to enforce the regula-
tions of the current animal control ordinance and not pass an ordinance banning
this certain breed of dog.
4. Adelene Pardo, Rt 8, Box 122. Mrs. Pardo spoke to Council against the proposed
banning of pit bull dogs from the City. Mrs. Pardo stated that due to her years
of experience in training, showing and handling many breeds of dogs, she felt the
solution was in educating the dog owners in our City instead of restricting
certain breeds of dogs.
5. Becky Scott, 2905 Chester. Mrs. Scott requested Council's help in getting a
neighbor to remove the dirt he had dumped on his property because she felt this
would cause drainage problems on her property. She indicated she had not
received any help from the City Staff in this regard.
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DOCEFM PUBLIC H' AR1 • S None
UNFINISHED IDU :' 1 N ENone
MEETING RECESSED `E 8:35
MEETING RECONVENED
MAYOR'S ACTIVITY REPORT (Continued)
Mr. Jim Green with the Harris County Flood Control District spoke briefly about the
current activities of the Clear Creek Watershed Program and stated that this is the
only program of this nature throughout the State that he is aware of which
encompasses so many entities. In addition, Mr. Green spoke about his experiences as
a dog breeder and stated he had helped work on the City of Houston's dog ordinance.
Mr. Green stated he felt that Council should keep the present animal control
ordinance they have and enforce it.
NEW BUSINESS
COUNCIL DECISION ON APPLICATION NO. SP -18, REQUEST OF LARRY J. BELLMYER, AGENT FOR
JOHN N. LOOMIS, M. D., LOOMIS INTERNATIONAL, INC., OWNER, FOR A SPECIFIC USE PERMIT
FUR AGRICULTURAL ANIMAL HUSBANDRY IN AN R-3 F NTIAL ZONIM DISTRICT
Mayor Reid read the following letter from the Chairman of the Planning and Zoning
Commission into the records:
November 8, 1989
The Honorable Mayor and Councilmembers
City Hall
Pearland, Texas 77581
Dear Members:
At their special meeting of October 30, 1989, the Commission considered SP -18,
request of Larry J. Bellmyer, agent for John N. Loomis, M. D., Loomis International,
Inc., Owner, for a specific use permit for Agricultural Animal Husbandry in an R-3
residential zoning district.
It was moved by Helen Beckman, seconded by James Garner, that recommendation be made
to Council to approve SP -18 with the following stipulations: 1) that the permit be
granted for cattle only; 2) that no more than 15 head of cattle be allowed on the
acreage shown on the application; 3) that all ordinances be complied with; 4) that a
200' fencing setback requirement from residences be adhered to with regard to the
subdivisions of Riverwalk, Friendswood's AnnaLee-Whitehall and any fixture development
in Sunset Meadows (formerly Nasawood); and 5) that the 200' barrier strip between the
fencing setback requirement and the residential fences be mowed at least quarterly.
Motion passed 5 to 1, with James Garner voting against.
The Commission is submitting this for your consideration.
Sincerely yours,
/s/ Al Lentz, Chairman
Planning & Zoning Commission
AL/EB:pv
It was moved by Councilmember Bost, seconded by Councilmember Smith, that Council
direct the City Attorney to prepare the necessary ordinance granting a specific use
permit for Agricultural Animal Husbandry in an R-3 residential zoning district.
Councilmember Miller mentioned that he was of the opinion that the stipulation of the
200' fencing setback requirement would be from the back fence lines of the residences
instead of the houses. City Attorney Talton indicated he would check into this.
Councilmember Miller also questioned the status of the roadway that was included in
F3
the specific use request.
Motion passed 5 to 0.
BID NO. B89-11, FOUR POLICE CARS AMID ONE MEDIC'S CAR
Council reviewed the following bids:
VENDOR MAKE PRICE EELrVM DATE
1990 CHEV
RON CARTER CHEVROLET CAPRICE $69,841.00 90-120 DAYS
1990 FORD
A. C. COLLINS FORD CROWN VICTORIA. $68,145.00 120-150 DAYS
1990 FORD
RON CARTER FORD CROWN VICTORIA $71,650.00 150-180 DAYS
City Manager Ron Wicker explained that in reviewing these bids, it was made known to
us that Ford Motor Company would not begin making these vehicles until after the
first of the year. One item on the specifications was that delivery time would be a
consideration in selecting a successful bidder. Therefore, Staff is recomending
award of bid to Ron Carter Chevrolet with a delivery date of 90-120 days.
It was moved by Councilmember Wolff, seconded by Councilmember Miller, that award of
bid be made to Ron Carter Chevrolet for five cars for a total amount of $69,841.00,
representing the lowest responsible bid.
�-- Motion passed 4 to 0. Councilmember Smith abstained.
AUTHORIZATION FOR CITY STAFF TO PROCEED WITH ZONE CHAD ON PROPERTY LOCATED ON THE
SOUTHWEST CSR OF THE RtSECTION OF HIGHWAY 35 AND WALNUT STREET
Councilmember Tetens explained that the Planning and Development Committee felt that
proposing this zone change would be appropriate in that there are some very small
tracts of land that are still General Business but are surrounded by Commercial
property.
City Manager Wicker informed that Staff would notify the homeowners involved and when
the public hearing is set, all owners of property within 200 feet of the area would
be sent notices.
It was moved by Councilmember Tetens, seconded by Councilmember Smith, that City
Staff be authorized to proceed with the zoning change on the property located on the
southwest corner of the intersection of Highway 35 and Walnut Street.
Motion passed 5 to 0.
APPROVAL OF ADDITIONAL HOLIDAY FOR CITY EMPLOYEES AT CHRISTMAS
City Manager Wicker explained that in the past Council has approved one additional
holiday for employees at Christmas. He is recommending, with Christmas Day falling
on Monday this year, that Council grant either the Friday before or the Tuesday after
r^ as an additional holiday.
It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Council
approve Tuesday, December 26, 1989, as an additional holiday for City employees.
Motion passed 5 to 0.
ORDINANCE NO. 583, ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY TEXAS -NEW
MEXICO POWER COMPANY IN THE CITY OF PEARLAN D, AND DECIA MU AN IIMERGDUY
City Attorney Robert Talton explained that the 90 day suspension passed by the
Council will be up on November 20. We did not receive information on this ordinance
until recently from the lawfirm representing the cities involved in the coalition, so
64
there is not sufficient time to have two readings. This is the reason for an
emergency ordinance, City Attorney Talton stated.
In Council discussion, Councilmember Wolff stated that since Texas -New Mexico buys
their electricity in this area from H L & P, he feels this ordinance will bring about
an inequity in the balance between the electric companies. City Attorney Talton
informed that if the ordinance is not passed, then the rates Texas -New Mexico
requested will go into effect.
Ordinance No. 583 was read in caption by Councilmember Bost. (First and Only
Reading)
It was moved by Councilmember Bost, seconded by Councilmember Smith, that Ordinance
No. 583 be passed and approved on the first and only reading as an emergency
ordinance.
Said Ordinance No. 583 reads in caption as follows:
ORDINANCE NO. 583
AN ORDINANCE APPROVING RATE SCHEDULES TO BE CHARGED BY TEXAS -NEW MEXICO POWER
COMPANY IN THE CITY OF PEARLAND, TEXAS, PROVIDING FOR SCHEDULES, CONDITIONS,
SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES, AND DECLARING AN IMMEDIATE
PUBLIC EMERGENCY.
Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens, and Miller.
Voting "No" - None.
Motion passed 5 to 0.
AUTHORIZATION FOR CITY MANAGER TO SIGN A RELEASE ON SETTLEMENT BETWEEN CITY OF
PEARLAND AND RICHARD L. WILSON FOR DAMAGES INCURRED IN AUTOMOBILE ACCIDENT ON OCTOBER
19, 1989
City Manager Ron Wicker explained that the accident happened to one of our dump
trucks. The person at fault agreed to pay for the damages. The truck has been
repaired and is in satisfactory condition, back in use. The person has paid for the
repairs and now wants the City to sign a release. Staff is recommending approval to
sign this release.
It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the City
Manager be authorized to sign a release of settlement between the City of Pearland
and Richard L. Wilson.
Motion passed 5 to 0.
AUTHORIZATION TO STAFF TO PROCEED WITH ALTERING OF BILLING IN PFDaff URB FUR WATER, SEWER
AND GARBAGE, ALLOWING CYCLE BILK EFFECTIVE JANUARY 1, 1990
City Manager Wicker explained that under the present billing system, water meters are
read throughout the whole City once monthly and information is then input into the
computer. Then, everyone is billed at the same time. Several other cities in the
area have gone to cycle billing and feel that it is a much more cost-effective
approach. We can divide the City into four quadrants, reading and billing one
section per week. This, we believe, will level out Staff requirements.
It was moved by Councilmember Smith, seconded by Councilmember Bost, that Council
authorize Staff to proceed with the altering of the billing procedure for water,
sewer and garbage, allowing cycle billing effective January 1, 1990.
Motion passed 5 to 0.
ORDINANCE NO. 450-5, AMENDMENT TO THE CIVIL SERVICE ORDINANCE, ESTABLISHING THE
NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION AND CREATING FOUR CORPORAL
POSITIONS
Ordinance No. 450-5 was read in caption by Councilmember Wolff. (First Reading)
It was moved by Councilmember Wolff, seconded by Councilmember Smith, that Ordinance
No. 450-5 be passed and approved on the first of two readings.
Said Ordinance No. 450-5 reads in caption as follows:
6..9
It, 60��Io`►1ia�►
AN ORDINANCE AMENDING ORDINANCE NO. 450 OF THE CITY OF PEARLAND, TEXAS,
ESTABLISHING CLASSIFICATIONS FOR ALL POLICEMEN, ESTABLISHING THE NUMBER
OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION; ESTABLISHING GROSS
MONTHLY PAY SCHEDULES FOR EACH CLASSIFICATION, PURSUANT TO SECTION
143.021 OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS; PROVIDING A
SEVERABILITY CLAUSE, A REPEALING CLAUSE, AN EFFECTIVE DATE, AND CON-
TAINING OTHER PROVISIONS RELATING TO THE SUBJECT THEREOF.
I-- Voting "Aye" - Councilmembers Miller, Tetens, Wolff, Smith and Bost.
Voting "No" - None.
Motion passed 5 to 0.
.ua.`"• i •' No. •tr'• Fmsownm •1, EsTm TEXAS •dE OF I
TRANSPORTATION TO 10MCIDER FE"MERING HIGHWAY 227 (LOCATED IN SOUTHERN BRAZORIA
#FJNIY) TO ALTERNATE S. H. 288
Mayor Reid explained that this has been brought about by the State naming a section
of the old 288, Hwy 227. As 288 in northern Brazoria County proceeds southward,
nearing Lake Jackson and Clute, the name changes to Hwy 227. There is no Hwy 227 on
the State map and the cities and organizations in that part of the county are urging
that we join with them in requesting the State to renumber Hwy 227 to Alternate S. H.
288 to avoid all the confusion with the current name.
Resolution No. R89-38 was read in its entirety by Councilmember Tetens.
It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Resolution
No. R89-38 be passed and approved on the first and only reading.
Said Resolution No. R89-38 reads in caption as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PFARLAND, TES, REQUESTING
THE TEXAS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO RECONSIDER
RENUMBERING HIGHWAY 227 (LOCATED IN SOUTHERN BRAZORIA COUNTY) TO ALTERNATE
S. H. 288.
Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens, and Miller.
Voting "No" - None.
Motion passed 5 to 0.
ORDINANCE NO. 528-2, ORDINANCE AMENDING CHAPTER 6 OF THE CITY CODE OF ORDINANCES
(ANIMALS AND FOWL) BY AMENDING SECTION 6-2 AND CREATING SECTION 6-77; PROVIDIlWx AN
EFFECTIVE DATE AMID PROVIDING A PENALTY FOR THE VIOLATION THERF]OF
Mayor Reid advised this item would be passed to a future agenda. Additionally, Mayor
Reid requested that Councilmember Tetens, as Chairman of the Animal Control Ordinance
Committee, review with the City Attorney the comments presented this evening in this
matter and bring back a recomnendation to Council.
[N:0-kyeDoIlkM• �j�Z•�oi: Vii+ �►i�.`�'M
r— MEETING RECESSED TO EXECUTIVE SESSION AT 9:47 P. M. UNDER TEXAS REVISED CIVIL
STATUTES, ARTICLE 6252-17, SECTION 2
Mayor Reid read from the posted agenda the topics to be discussed in Executive
Session.
MEETING RETURNED TO OPEN SESSION AT 10:14 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 discussed with the City Attorney the possible
litigation on right-of-way on Sacramento Street.
UNDER SUBSECTION (g) PERSONNEL - Council discussed the appointment of member to the
Zoning Board of Adjustment and also discussed appointment of member to the Gas and
Plumbing Code Board of Adjustments and Appeals.
NEW BUSS (Continued)
AUTHORIZATION FOR 'BE CITY STAFF TO PROCEED WITH THE INVESTIGATION AND DETERMINATION
OF OWE ON SAMMUT '0 STREET, MH H OF PEAR STREET
It was moved by Councilmember Smith, seconded by Councilmember Tetens, that the City
Staff be authorized to proceed with the opening of Sacramento Street from Pear in the
northerly direction where it intersects the railroad right-of-way, 50 foot strip, and
also to proceed in that same direction, picking up on the other side of the railroad
track, at the 100 foot strip adjacent to the railroad track and go all the way to
Orange Street.
Motion passed 5 to 0.
ADJOURN
The meeting adjourned at 10:16 P. M.
Minutes approved as submitted and/or corrected this c
A. D., 1989.
ATTEST:
City Se tary