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1989-11-27 CITY COUNCIL REGULAR MEETING MINUTES70 MIMTFS OF A REG[TLAR MEETTAT OF TFE CITY CMCIL OF THE CITY OF PEARLAND, TEXAS, HEID ON NOVEMBER 27, 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 Richard Tetens D. A. Miller Ronald J. Wicker Robert Talton Kay Krouse Absent from the Meeting: Councilmember James Bost The invocation was given by Mayor Tom Reid. Councilmember David Smith. The Pledge of Allegiance was led by It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the minutes of the Regular Meeting of November 13, 1989, be approved as presented. Motion passed 4 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the Minutes of the Special Meeting of November 20, 1989, be approved as presented. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid mentioned the fine television account of the return of the Shuttle this evening. Mayor Reid reported on the groundbreaking ceremonies conducted by the South Freeway Corridor on November 17. This 2-1/2 mile stretch of right-of-way will provide access from Hwy 288 westward into Ft. Bend County, Mayor Reid informed, and this grand event was attended by a number of dignitaries. Councilmember Miller reported that it is his understanding that subsequent to the meetings he has had with the City Manager regarding personnel policy on holiday pay and accumulated overtime for City employees, the City Attorney is working on an amendment to the Personnel ordinance. Hopefully, Councilmember Miller stated, this amendment will be passed and in effect in time for the holidays next month. 0-*� Councilmember Miller reported he attended the South Freeway Corridor groundbreaking om% ceremonies on November 17 and also attended the B.C.C.A. meeting in Freeport on November 15. Councilmember Wolff reported he would like to call the City Manager's attention to the unsightly trash situation behind the shopping center at the intersection of FM 518 and Liberty and asked for his help in taking care of this matter. Councilmember Wolff questioned the projected beginning date on the construction of Magnolia Road from Veterans Drive to McLean. City Manager Wicker responded that the right-of-way has been cleared and after meeting with Commissioner Plaster we were advised that the County would help with the paving whenever their equipment and personnel could be scheduled. We plan, Mr. Wicker informed, on getting the roadway 71 prepared, lime stabilized, having the base material in place, and then having the County coming in and paving over that. In Council discussion it was pointed out that the engineering services on this project would need to be contracted out and that funds would have to be appropriated for the completion of this roadway. It was generally agreed by Council that the City should move forward on this project. Mayor Reid advised that there would be an item on the next agenda addressing this issue. Councilmember Wolff questioned the City Attorney regarding his feeling about the proposed ordinance banning pit bull dogs from the City. City Attorney Talton responded that he felt the ordinance was appropriate. A similar ordinance was upheld when tested in courts in Cincinatti, Ohio. The City of Richardson has had an ordinance since 1987 and it has been tested in the courts twice. One case was upheld and the other case is now in the Appellate Court. Mr. Talton informed that there are different types of ordinances pertaining to this issue. One, like ours, is a vicious dog ordinance, another actually prohibits this type of dog, and one prohibits this type of dog unless it is licensed. Councilmember Wolff remarked that he was still very concerned about these dogs and would like to see the proposed ordinance, banning these dogs, back on the agenda for the next meeting. In general Council discussion it was brought out that in our present ordinance the Animal Control Board meets on call, whenever a request is made to investigate a dog bite case. Mayor Reid requested that Councilmember Tetens, Chairman of the Animal Control Ordinance Committee, and Police Chief Randy Garner work out a solution for investi- gating all the dog bite cases that are reported to the Police Department. In addi- tion, Mayor Reid requested that Councilmember Tetens meet with the Animal Control Board to review the guidelines of our present ordinance to determine what amendments are needed to better enforce our ordinance. Councilmember Wolff stated he would like to withdraw his request to put the proposed banning ordinance on the next agenda until the Animal Control Board can meet and make their recommendations to Council. Councilmember Smith reported he had attended several meetings dealing with roads and drainage, both with Commissioner Plaster and Harris County Commissioner E1 Franco Lee and that he sees some beneficial things coming to our City. Councilmember Smith reported attending the meeting of the Drainage District No. 4, and in addition, reported that the Clear Creek Steering Committee meeting will be this Wednesday night in Pearland beginning at 6:00 P. M. and that Mayor Reid will give the welcome. Councilmember Smith requested the placement of four way stop signs at the intersection,•of Liberty Drive and Shadybend be placed on the agenda for the next meeting. Mayor Reid agreed to this. City Manager Ron Wicker reported that the street paving program is proceeding again after the loss of several days. Shadybend, from the school to Liberty Drive, has been paved_ and the road appears to be more level than it was before. Next, they will be moving to Longwood Drive. Mayor Reid mentioned that perhaps reflectors could be installed at intervals along FM 518 to distinquish the turning lane. City Manager Wicker indicated he would check with the contractor. Additionally, Mr. Wicker stated, he has, at the request of Councilmember Wolff, contacted Houston Lighting & Power about installing additional lighting along FM 518 and they will be surveying this matter. Mayor Reid advised that Chris Schultz, 2428 Shadybend, requested that his appearance be postponed until a future agenda. 72 UNE I'INIS[� BUSINESS 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 Smith. (Second Reading) It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 450-5 be passed and approved on the second and final reading. City Attorney Talton informed that a correction to the date in Section 2 has been made, changing it from February 28 to February 27 after the first reading of this ordinance. Councilmember Smith read Section 2 of Ordinance No. 450-5 in its entirety. Said Ordinance No. 450-5 reads in caption as follows: ORDINANCE NO. 450--5 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 CLASSI- FICATION; ESTABLISHING GROSS MONTHLY PAY SCHEDULES FOR EACH CLASSIFICATION, PURSUANT TO SECTION 143.021 OF THE LOCAL GOVERN- MENT CODE OF THE STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A REPEALING CLAUSE, AN EFFECTIVE DATE, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT THEREOF. Voting "Aye" - Councilmembers Smith, Wolff, Tetens and Miller. Voting "No" - None. Motion passed 4 to 0. NEW BUSINESS APPROVAL OF PAY CLASSIFICATION PLAN FUR CIVIL SERVICE EMPLOYEES It was moved by Councilmember Wolff, seconded by Councilmember Smith, that the pay classification plan for Civil Service employees as presented be approved. Motion passed 4 to 0. ORDINANCE NO. 509-20, ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT FOR AGRICULTURAL ANIMAL HUSBANDRY IN AN R-3 RESIDENTIAL ZONING DISTRICT Ordinance No. 509-20 was read in caption by Councilmember Wolff. (First Reading) It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Ordinance No. 509-20 be passed and approved on the first of two readings. Said Ordinance No. 509-20 reads in caption as follows: AN ORDINANCE OF THE CITY OF PEUff AND, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT FOR AGRICULTURAL ANIMAL HUSBANDRY IN AN R-3, 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. 73 RESOLUTION NO. R89-40, RESOLUTION CHANGING THE SECOND REGULAR FETING DATE IN DECENIDER, 1989, DUE TO THE CHRISTMAS HOLIDAY Resolution No. R89-40 was read in its entirety by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Resolution No. R89-40, changing the second Regular Meeting date in December, 1989, to Monday, December 18, 1989, at 7:30 P. M., be approved on the first and only reading. Said Resolution No. R89-40 reads in caption as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE SECOND REGULAR MEETING DATE IN DECEMBER, 1989, DUE TO THE CHRISTMAS HOLIDAY. Voting "Aye" - Councilmembers Smith, Wolff, Tetens and Miller. Voting "No" - None. Motion passed 4 to 0. RESOLUTION IND. R89-41, RESOLUTION TAXIING ALL TANG]BZ PERSONAL PROPERTY AS DEFINED IN ARTICLE VIII, SECTION 1-j OF THE TEXAS CONSTITUTION, AMID SECTION 11.251 OF THE TEXAS TAX COUE, B'E7GIAIDF.UIG IN 1990 AND EACH YEAR THEREAFTER Tax Collector Barbara Lenamon-Miller explained that a recent Constitutional amendment was approved which authorized a property tax exemption for certain business personal property located in Texas for only a temporary time period. Cities can continue to tax the property; however, the governing bodies of the cities must take official action. To tax- property in 1990, action must be taken by December 31, 1989. This type of property includes pipe stock and automobile inventory. At this time, Mr. Gayle of the Appraisal District has not furnished us with any figures on how much loss this would mean for our City, Mrs. Lenamon informed. Councilmember Miller stated he was reluctant to vote on this Resolution until we obtained more information. It was suggested that Council workshop this before any action and possibly Dennis Frauenberger who is on the Appraisal Board could attend the workshop. Mayor Reid advised this item would be passed to the next agenda. APPOINTMENT! OF LOCAL HEALTH AflHORITY FOR THE PURPOSES OF THE RABIES C=WL ACT OF 1981 It was moved by Councilmember Wolff, seconded by Councilmember Miller, that Council name the Animal Control Officer, his successor and assigns, as the local Health Authority for the purposes of the Rabies Control Act of 1981. Motion passed 4 to 0. APPOINTMENT OF MEMBER TO THE ZONING BOARD OF ADJUSTMENT Mayor Reid advised this item will be passed to a future agenda. APPOINTMENT OF NOEER TO GAS AND PLUMBING COIF BOARD OF ADJUSTMENTS AND APPEALS Mayor Reid explained that this vacancy was due to the death of member Alvin Pampell. It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Rodney Pampel 1 be appointed as member to the Gas and Plumbing Code Board of Adjustments and Appeals. Motion passed 4 to 0. PrACF7NF:[1Tr OF ALLr-WAY STOP AT WASHINGTON AVENUE AMID JASMINE STREET City Manager Ron Wicker explained that City Staff's engineering study at this inter- section revealed that an al 1 way stop did not meet basic warrants under the Uniform Manual of Traffic Control Devices and that Staff is not recommending placement of the all way stop si gLs . 74 When questioned, City Attorney Talton responded that he would much rather defend a case where the guidelines were followed; but Council could do what they felt needed to be done in this matter. Councilmember Wolff advised that Washington Avenue is being used as a bypass around the intersection of FM 518 and Hwy 35, especially in the evening when traffic is congested and vehicles are stacking up behind the railroad tracks waiting for the light at the intersection. People are using Washington to get through to Orange and then onto Hwy 35, causing speeding problems near the day care center on Washington, Councilmember Wolff stated. City Manager Ron Wicker explained what constituted warrants for an all way stop at an intersection. MEETING RECESSED AT 8:42 P. M. MEETING RECONVENED AT 8:53 P. M. City Manager Wicker advised that when the placement of stop signs is changed from one street to another at an intersection, it is normal procedure to put in an all -way stop for about six weeks and then pull the ones not needed. City Attorney Talton agreed with this. It was moved by Councilmember Wolff, seconded by Councilmember Smith, that the proper authority be advised that it is the desire of the Council to relocate the stop signs at the intersection of Washington and Jasmine so that Washington Street will be stopped and right -of --way will be given to Jasmine. In general discussion between Council and Staff, it was pointed out that in the near future Council will have to look at the need for other collector and arterial streets for moving the traffic. It was mentioned that eventually Sacramento Street will be opened from FM 518 to Orange and the possibility of one-way streets was discussed. Councilmember Smith called for the question. Mayor Reid advised the question is for the vote on the motion. Motion passed 3 to 1. Councilmember Tetens voted against. APPROVAL OF INVOICE DATED NOVEMBER 2, 1989, BERNARD JOHNSON, INC., FOR PEARLAND FACILITIES PLAN, IN THE AMUNT OF $30,507.50 City Manager Wicker explained this amount is due for work done on the Pearland Facilities Plan. There are some plates and a program much like the Hardy Cross Plan that Mr. Frank Moon of Bernard Johnson will be providing us with Wednesday. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that invoice dated November 2, 1989, from Bernard Johnson, Inc., for Pearland Facilities Plan be approved in the amount of $30,507.50 with payment made from the appropriate funds upon receipt of all the plans and studies that have been promised by them to the City. Motion passed 3 to 1. Councilmember Wolff voted against. ORDINANCE NO. 258-2, ORDINANCE ADOPTING THE 1988 SWU ERN STANDARD MECHANICAL COUE; MAK[NG CERTAIN AMENIDM1ffM; AND PROVIDING RE A PENALTY FOR VIOLATION THEREOF City Attorney Talton explained that this is one of several codes needing to be updated and, hopefully, the others will be on the next agenda. In addition, Council will need to approve the fee charges for each of these codes. Ordinance No. 258-2 was read in caption by Councilmember Miller. (First Reading) It was moved by Councilmember Miller, seconded by Councilmember Tetens, that Ordinance No. 258-2 be passed and approved on the first of two readings. In Council discussion it was mentioned that Council may need briefing on the nature of these changes. It was pointed out that the changes consist mostly of the upgrading of materials and technology. Ordinance No. 258-2 reads in caption as follows: 75 OMB02M NO. 258-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 7-51 AND AMENDING SECTION 7-51.1 OF THE CITY CODE OF ORDINANCES, BY ADOPTING THE 1988 SOUTHERN STANDARD MECHANICAL CODE, AND MAKING CERTAIN AMENDMENTS, MODIFICATIONS, ADDITIONS AND DELETIONS THERETO; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; AND SPECIFICALLY REPEALING SECTION 7-53; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Tetens, Wolff and Smith. Voting "No" - None. Motion passed 4 to 0. The meeting adjoumed at 9:19 P. M. Minutes approved as submitted and/or corrected this day of A. D., 1989. Mayor ATTEST: City Sec tart'