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1989-12-11 CITY COUNCIL REGULAR MEETING MINUTES76 MDUM OF A R©MAR MMM OF THE CITY CMEIL OF 7 HE CITY OF PEARLAM, TEXAS, HEIR ON DECEMBER 11, 1989, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PF.ARLAND, TKM 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 David Smith D. A. Miller Richard Tetens (Entered Chambers at 8:07 P. M.) Ronald J. Wicker Robert Talton Kay Krouse The invocation was given by Councilmember David Smith. The Pledge of Allegiance was led by former Councilmember Dennis Frauenberger. APPRUVAL OF mn%yPES It was moved by Councilmember Smith, seconded by Councilmember Wolff, that the Minutes of the Regular Meeting of November 27, 1989, be approved as presented. Motion passed 3 to 0. Councilmember Bost abstained. MAYOR'S ACTIVITY REPORT Mayor Reid issued a proclamation proclaiming the month of December as "Shop in Pearland Month." Billye Arcemant and Ted Shannon representing the Chamber of Commerce accepted the proclamation. Mayor Reid issued a proclamation proclaiming the week of December 18-23, 1989, as "A Wish With Wings Week." Nell Fuller accepted the proclamation on behalf of the VFW Ladies Auxiliary. Mayor Reid spoke about the traffic conditions in and around our area and the need to plan ahead for other arterial roads to be used in conjunction with FM 518, Hwy 6 and Hwy 288 to facilitate the flow of traffic. Mayor Reid informed that the northern Brazoria County cities of Alvin, Iowa Colony, Brookside and Pearland recognize these traffic needs and have formed a coalition to study these needs and make recommendations. Mayor Reid advised that he has appointed Councilmember Smith to serve as the Pearland representative to the Northern Brazoria County Transportation Coalition. Councilmember Smith informed that the group has received encouragement from Milton Dietert with the State Highway Department and Commissioners Plaster and Rouse, and that the Mayors of the cities in the North end have all agreed to address this traffic problem. At a meeting several months ago it was requested that the State recommend where the most feasible and economical route is for continuing Hwy 35 from the north end of the bypass to the Brazoria County/Harris County line. Mr. Dietert has advised that this information will be forthcoming by the middle of January. Councilmember Smith stated he feels this information from the State will give us something to work with. Although it will cost money and will take a road bond issue, it will be of great benefit to the area cities. Councilmember Smith stated he is looking forward to the challenges of this project. Mayor Reid administered the Oath of Office to Pam Anderson and Karen Lowery who were recently promoted to the rank of Corporal in the Pearland Police Department. Their husbands pinned the badges on the two new Corporals. 004 77 COUNCIL ACTIVITY REPORTS Councilmember Miller reported that some of his concerns on FM 518 have been resolved; the reflector buttons and street signs are being installed and he is looking forward to the speed limits being raised. In addition, he stated that he was pleased to see that Council will be covering some good items on the agenda this evening. Councilmember Miller reported that he had attended the retirement party for Captain Stanford who served a total of 35 years in law enforcement; he attended the City Employees Christmas Party and the League of Women Voters Christmas Party, all of which Councilmember Miller said, were very enjoyable and he commended all who helped in these efforts. Councilmember Wolff reported he attended the Drainage District meeting this morning at which time their engineer reported on his partial findings of the effects of cleaning Mary's Creek as it relates to the Corrigan Subdivision. Mr. Collins reported that if Mary's Creek were cleaned, without any modifications, the water level in the Corrigan Subdivision would drop by about four inches. The District has authorized the continuance of the study to include the bridges and structures on Old Alvin Road and Hwy 35 and on John Lizer Road to determine if there is any retention because of their construction. Councilmember Wolff reported that Jack McGuff has prepared two schematics of proposals on the new Senior Citizens building. Mr. Hastings is currently reviewing them, and, after receiving his comments, they will be available for Council's review. Councilmember Wolff questioned the status of the stop sign survey on Westminster. City Manager Wicker responded that Staff has completed the traffic counting and are in the process of making 85 percentile speed studies. Councilmember Wolff questioned the status of additional lights on FM 518. City Manager Wicker responded that he has met with a representative from Houston Lighting and Power and they have identified potential locations for 8 to 10 more lights on FM 518. Councilmember Bost commented that the section of roadway on Shadybend, between East and West Circle, needs to be repaved. 11;1• : \�IY41�?I1II : .��1'r1�.�i+, City Manager Ron Wicker reported that the County will be coming back into Pearland after the first of the year and start work again on the paving project. Mr. Wicker stated we have about $200,000.00 left in the street resurfacing funds and should be able to accomplish a great deal more. In response to question by Council, Mr. Wicker informed that signs indicating that this is a joint paving project between the City and Pct. No. 3, Billy Joe Plaster, have been installed at two locations for this street paving program. City Manager Wicker mentioned that at the employee Christmas party this year, service pins were given to two employees with 15 years of service; three employees received 10 year service pins; and 15 employees received 5 year service pins. Mr. Wicker informed that, at present, the average tenure for employees is 4.5 years. Mr. Wicker stated he would publicly like to thank all the employees for serving the City so well and complimented the City on its fine employees. City Manager Wicker reported that the stop signs that were authorized by Council at the last meeting were installed at Washington and Jasmine and that the Magnolia Street project has been staked. "WADI �411!50 =01A RJA141Q1 *1 -' L. 1 I�. kW04 All a -1 MEETING RECESSED AT 8:14 P. M. FOR COUNCIL TO WORKSHOP RESOLUTION NO. R89-41, CO VIlVG TAXIM OF PERSONAL PROPERTY Dennis Frauenberger, Member of the Board of Directors of the Brazoria County Appraisal District, gave an overview of Constitutional Amendment No. 5 which passed on November 7, providing for a property tax exemption for certain business personal 78 property located in Texas for only a temporary time period. This property is commonly called "goods in transit," goods that are in the State less than 175 days for processing or manufacturing. In order to tax this property in 1990, a resolution must be passed prior to December 31, 1989. If action to tax is taken between January 1 and March 31, 1990, the property becomes taxable in 1991. If no action is taken, the City can no longer tax this property. Mr. Frauenberger answered questions from Council, and, in conclusion, recommended passage of Resolution No. R89-41. He advised that the resolution could be rescinded, if Council so desires at a later date. MEETING RECONVENED AT 8:25 P. M. ARTICLE VIII, SECTION / 'HE TEXAS CCHSTITUTION,11 SECTION 1 I TEXAS TAX COCE, BEGINNING IN 1990 AND EACH YEAR - -I - Resolution No. R89-41 was read in its entirety by Councilmember Bost. It was moved by Councilmember Bost, seconded by Councilmember Wolff, that Resolution No. R89-41 be passed and approved on the first and only reading. Said Resolution No. R89-41 reads in caption as follows: RESOLUTION ND. R89-41 A RESOLUTION TAXING ALL TANGIBLE PERSONAL PROPERTY AS DEFINED IN ARTICLE VIII, SECTION 1-j OF THE TEXAS CONSTITUTION, AND SECTION 11.251 OF THE TEXAS TAX CODE, BEGINNING IN 1990 AND EACH YEAR THEREAFTER. Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens and Miller. Voting "No" - None. Motion passed 5 to 0. M WEM RECESSED AT 8:30 P. M. MEETING RECONVENED AT 8:46 P. M. BUSINESS ( CONTINUED ) 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 BUSBANDRY IN AN R-3 RESENTIAL ZONING DISTRICT Ordinance No. 509-20 was read in caption by Councilmember Smith. (Second Reading) It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Ordinance No. 509-20 be passed and approved on the second and final reading. Councilmember Wolff read the terms and conditions for granting this Specific Use Permit. Ordinance No. 509-20 reads in caption as follows: ORDINANCE NO. 509-20 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LADED 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, Smith and Bost. Voting "No" - None. Motion passed 5 to 0. 7P APPOINTMENT OF 149MEM TO THE ZONM BOARD OF ADJUSTMENT Mayor Reid advised that this vacancy was due to the resignation of E. A. Wasek. It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Joe Fowler be appointed as a member of the Zoning Board of Adjustment to fill the unexpired term of E. A. Wasek. Motion passed 5 to 0. Mayor Reid informed that, in the natural course of business, the Council will need to consider appointing an alternate to this Board as Mr. Fowler moved from alternate to board member. ORDINANCE NO. 258-2, ORDINANCE ADOPTING THE 1988 SWRWN STANDARD N EMWCAL CODE; NKAKI NG CERTAIN ANEIIDNENPS; AMID PROVIDING FOR A PENALTY FOR VIOLATION THEREOF Ordinance No. 258-2 was read in caption by Councilmember Wolff. (Second Reading) It was moved by Councilmember Wolff, seconded by Councilmember Smith, that Ordinance No. 258-2 be passed and approved on the second and final reading. Said Ordinance No. 258-2 reads in caption as follows: ORDINANCE NO. 258-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTIONS 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 Bost, Smith, Wolff, Tetens and Miller. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS CHAD IN ORMEt OF BUSINESS AWARD OF BID NO. B89-12, EWLOYEE GROUP INSURANCE City Manager Ron Wicker explained that over the last few years we have been experiencing substantial increases in our employee group insurance which has been of great concern to us. Some employees have had to drop their dependent coverage because of this. Six months ago we appointed an insurance committee composed of employees from different departments to look at insurance coverages and what, basically, the employees wanted. The committee put together some specifications which were submitted for bids. The bids were opened on November 29 and we asked Louis Pelz, a local insurance professional, to assist us in evaluating these bids according to the specifications and make a recommendation. The following is a summary on the bids and proposals received and recommendation made by Mr. Pelz: SUMMARY ON GROUP LIFE AND HEALTH INSURANCE PROPOSALS FOR THE CITY OF PEARLAND The following agents submitted bids and proposals on the City of Pearland Group Life and Health Insurance Program: 80 AGENT Mr. Joe Martin Alexander & Alexander Lee Sackett & Associates Sullivan Insurance Agency Lee Sackett & Associates Alexander & Alexander Blue Cross and Blue Shield of Texas Blue Cross and Blue Shield of Texas Blue Cross and Blue Shield of Texas United Olympic Life Insurance Company Sanus/New York Life Company Equicor After reviewing the above bids and proposals, my suggestion and recommendation is to accept the proposal from Blue Cross and Blue Shield of Texas for the following reasons: 1. Does adhere and comply exactly to the specifications and requirements set out by the City of Pearland. 2. Monthly insurance premium is less than currently being paid by the City of Pearland and its employees. 3. Rate guarantee for one year. 4. Rate on retirees is the same as on present employees and not having to submit to Cobra program. 5. Service of the health insurance program will be attended by one company instead of two carriers, resulting in less confusion and clerical work. /s/ Louis J. Pelz Mr. Pelz advised that the same proposal was submitted by three different agencies for _ Blue Cross and Blue Shield of Texas and the rates are the same. Under this program, if you enroll by 12-31-89 there will be a savings of 2'1 on the medical rate because of a new law that wi 11 go into effect on 1-1-90 concerning treatment of substance abuse. In addition, Mr. Pelz stated that the Blue Cross and Blue Shield proposal submitted by Lee Sackett and Associates also included a program called Humana, which is a program that will work along with the insurance program. Mr. Pelz informed that he was not knowledgeable about about this plan and that Council, at some point in time, might want to investigate this. Jerry Ernest with Alexander and Alexander spoke about his proposal and expressed his feelings about the Humana Program. Lee Sackett with Lee Sackett and Associates spoke about his proposals and about the advantages of the Humana Plan. Bill Bazzy with Sullivan Insurance Agency spoke about his bid. It was moved by Councilmember Wolff, seconded by Councilmember Miller, that the City's hospitalization insurance be placed with the Blue Cross and Blue Shield carrier and the Joe Martin Insurance Agency. Motion passed 5 to 0. It was suggested that Staff, with the aid of Mr. Pelz, might look into the Humana medical service organization. Council reviewed the following bids: 81 VENDOR MAKE PRICE DELIVERY DATE TEXAS MUNICIPAL FORD CARGO TRUCK EQUIP. CO. PAK-MOR $74,950.00 90-120 DAYS - - ........... MORT HALL FORD 1990 FORD CARGO 300 SERIES $73,481.00 APPROX. 120 DAYS METRO FORD FORD CARGO TRUCK SALES E -Z PACK GOLIATH $74,995.00 APPROX. 45-90 DAYS ALVIN EQUIP. HEIL 5000 COMPANY INTERNATIONAL CHASSIS $73,790.00 90-120 DAYS INDUSTRIAL DISP. E -Z PAK GOLIATH SUPPLY CO. FORD CHASSIS $79,500.00 60-90 DAYS T M I EQUIP. 1990 FORD CHASSIS HEIL 5000 $72,288.74 MARCH 5, 1990 WASTE SYSTEMS FORD CHASSIS EQUIP. COMPANY LEACH UNIT $75,785.00 90 DAYS It was moved by Councilmember Bost, seconded by Councilmember Smith, that Bid No. B89-14 be awarded to T. M. I. Equipment, meeting specifications, in the amount of $72,288.74, and that payment be made from appropriate funds. Motion passed 5 to 0. NEW BUSINESS ( CONTINUED ) APPROVAL OF FEES TO BE CHARM) WER MEMWICAL CCS, ORDINANCE NO. 258-2 City Attorney Robert Talton explained that these fees are the same fees that have been in effect and are being charged by the Permit Department. It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Council adopt the Mechanical Code Fee Schedule as presented. Motion passed 5 to 0. EXCUSED ASE Fit CMDUILMEMBER JAMES BOST FROM THE F&GUTAR MEE TDG OF NOVEMBER 27, 1989 It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the absence of Councilmember James Bost from the regular meeting of November 27, 1989, be excused. Motion passed 4 to 0, with Councilmember Bost abstaining. ORDDW= NO. 456-2, ORDINANCE AMENDD G PERSONNEL ORDINANCE, SPECIFICALLY ADDRESSING BOLIDAY PAY FOR CIASSI= EMPLOYEES Ordinance No. 456-2 was read in caption by Councilmember Miller. (First Reading) It was moved by Councilmember Miller, seconded by Councilmember Wolff, that Ordinance No. 456-2 be passed and approved on the first of two readings. Said Ordinance No. 456-2 reads in caption as follows: 82 ORDINANCE NO. 4%-2 AN ORDINANCE AMENDING ORDINANCE NO. 456-1 BY AMENDING THE PERSONNEL POLICIES AND PROCEDURES AT CHAPTER FIVE - WAGE AND SALARY ADMINISTRATION BY SPECIFICALLY AMENDING CHAPTER 5.8, METHOD PAYMENT AND AMFNDING CHAPTER 6 - ATTENDANCE AND LEAVE AND SPECIFICALLY, SEC. 6.4, HOLIDAYS; PROVIDING FOR A REPEAL OF ALL ORDINANCES AND SECTIONS INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Miller, Tetens, Wolff, Smith and Bost. Voting "No" - None. Motion passed 5 to 0. APPROPRIATING FUNDS FOR. COMPLETION OF MAGNOLIA STREET BETWEEN VETERANS DRIVE AND MCLEAN City Manager Wicker explained that at the last Council meeting there was considerable discussion regarding the status of the construction of Magnolia Street between Veterans Drive and McLean. The street has since been staked, and if Council wishes to proceed with this as soon as possible, Staff needs authorization to expend funds out of the Street Bond funds to bid this project. However, Mr. Wicker stated, if we continue to work with Commissioner Plaster, he intends to move back into Pearland after the first of the year and do all the work he can do. From a budgetary stand- point we can save a considerable amount of money. Councilmember Smith informed that in speaking with Commissioner Plaster today, he believes the County can complete the job before the City could go out for bids on it. Council concurred that no action be taken at this time. INSTALLATION OF A FOUR-WAY STOP SIGN AT LIBERTY DRIVE AND SHADYBEND Councilmember Smith stated that he was aware of the fact that this does not necessarily meet the criteria for a four-way stop sign intersection; however, there are a number of people living in this area who feel it does meet the criteria. It was moved by Councilmember Smith, seconded by Councilmember Miller, that the City install four-way stop signs at the intersection of Liberty Drive and Shadybend. In response to a question by Councilmember Bost, City Manager Wicker responded that installing a stop light at the intersection would cost between $5,000 and $10,000. After mentioning other avenues of controlling the traffic in the area, Councilmember Tetens stated he did not agree with controlling the speed all over the City with stop signs. Motion passed 4 to 1, with Councilmember Tetens voting against. CITY ACCEPTANCE OF MRFEP MEADOWS SUBDIVISION, STREETS, WATER SYSTEM, SANITARY SEViIER SYSTEM AND DRAINAGE City Manager Wicker informed that everything seems to be in order. There is a problem with the water samples but we believe these tests will come into compliance shortly. It was moved by Councilmember Wolff, seconded by Councilmember Smith, that the City accept Sunset Meadows Subdivision, subject to getting the necessary test compliances needing to be done. Motion passed 5 to 0. REQUEST BY DIGICON GEOPHYSICAL CORPORATION FOUR PERMIT TO CONDUCT SEISMOGRAPH TESTING INSIDE CITY LIMITS Mayor Reid advised that because there was no representative from Digicon Geophysical present and they have not posted the necessary bond, this item would be passed to a future agenda. 83 REQUEST FROM LU'T'HER CUNNINGHAM TO RENAME INDUSTRIAL ROAD MUCH RUNS BETWEEN SOUTH MAIN STREET AMID OLD ALVIN ROAD BECAUSE OF CONFLICT WITH ANOTHER STREET WITH A SIMILAR NAME City Manager Wicker explained that in his letter, Mr. Cunningham pointed out that there has been much confusion for delivery companies and such because there are two streets in Pearland using the name Industrial. He feels it would be more appropriate to change the name of the one which runs between South Main and Old Alvin Road because fewer parties would-be affected. After some discussion of other names for this street, Council agreed to pass this item to the next agenda in order to have some time to consider this item. RESOLUTION NO. R89-42, RESOLUTICN C0 MRSTAr TAT ON OF TRAFFIC CONTROL DEVICES IN THE CITY AND RATIFYING THE SAME. (STOP SIGNS: NORTHBOUND AND SOUTBBOUND ON WASHINGTON AVENUE AT THE INTERSECTION OF JASMINE STREET; TEMPORARY STOP SIGNS: EASTBOUND AND WESTBOUND ON JASM[NE STREET AT THE Fd]ECTION OF WASHINGTON AVENUE) Resolution No. R90-42 was read in its entirety by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that Resolution No. R89-42 be passed and approved on the first and only reading. Said Resolution No. R89-42 reads in caption as follows: A RESOLUTION CONCERNING THE INSTALLATION OF TRAFFIC CONTROL DEVICES IN THE CITY AND RATIFYING THE SAME. Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 584, ORDINANCE AUTHORIZING EXECUTION OF CONTRACT BETWEEN CITY OF PEARLAND AND CABRIDON ANIMAL DISPOSAL FOR THE PURPOSE OF COLLECTION OF SMALL ANIMAL CARCASSES Ordinance No. 584 was read in caption by Councilmerrber Bost. (First Reading) It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Ordinance No. 584 be passed and approved on the first of two readings. In Council discussion it was pointed out that this contract is for $100.00 per month for the first year and that there was a 225 pound limit on animals to be disposed of by this company. City Attorney Talton agreed to research the matter of the disposal of large animals. Ordinance No. 584 reads in caption as follows: Ali I AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT, A FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED "A" BY AND BETWEEN CABREDON ANIMAL DISPOSAL AND THE CITY OF PEARLAND, TEXAS. Voting "Aye" - Councilmembers Bost, Smith, Tetens and Miller. Voting "No" - Councilmember Wolff. Motion passed 4 to 1. ORDINANCE NO. 585, ORDINANCE AUTHORIZING EXECUTION OF A CONTRACT BETWEEN C. MARK PORTER AND CITY FOR ME PURPOSE OF SERVING AS MUNICIPAL COURT PROSECUTOR ORDINANCE NO. 110-E, ORDINANCE AMENDING CERTM SECTIONS OF CHAPTER 9, EN TCITY, OF TNS CODE OF ORDINAN ES ORDINANCE NO. 224-8, ORDINANCE ADOPTING THE 1988 SOUTHERN STANDARD BUILDING CODE, WITH REVISIONS •.'�1 1 � • •'J/ 1 H 1i' 1 I' • :: `'Ii i Y I:M•� II • •�1 ♦•:1; 11 a�• � r I� a I� Mayor Reid advised that the above four items would be passed to the next Council agenda. • i�.�l' :' 1 l a. MEETING RECESSED TO EXECUTIVE SESSION AT 10:10 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Reid read from the posted agenda the topic to be discussed in Executive Session. MEETING RETURNED TO OPEN SESSION AT 10:44 P. M. - NO ACTION TAKEN Mayor Reid read the following item which was discussed in Executive Session and signed a certification to that effect: UNDER SUBSECTION (g) PERSONNEL - Council discussed with the City Staff the final compensation for a police employee. ADJOURN The meeting adjoumed at 10:45 P. M. Minutes approved as submitted and/or corrected this day 44ce,, A. D., 1989. Mayor ATTEST: y My Secr#tary