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1989-12-18 CITY COUNCIL REGULAR MEETING MINUTES85 MI OF A REGULAR MEETING OF THE CITY COMIL OF ItE CITY OF PEARLAMID, TEXAS, HELD ON DECEMBER 18, 1989, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PEARLANn, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember David Smith Councilmember James Bost - Councilmember Richard Tetens Councilmember D. A. Miller City Manager Ronald J. Wicker City Attorney Robert Talton City Secretary Kay Krouse Absent from the Meeting: Councilmember/Mayor Pro Tem William Wolff. INVOCATION AMID PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Tetens. The Pledge of Allegiance was led by Councilmember Miller. 4' -ILVIY`W1 ul' 1►;fiiY�.� It was moved by Councilmember Smith, seconded by Councilmember Bost, that the Minutes of the Regular Meeting of December 11, 1989, be approved as presented. Motion passed 4 to 0. Mayor Reid advised that his report would be given later into the meeting. Councilmember Smith expressed his concerns over the continued traffic situation at Cole's Flea Market on the weekends. He informed that this last weekend major accidents occurred on Saturday, and again, on Sunday, requiring two ambulances and resulting in seven people being seriously injured. Councilmember Smith stated that something should be done to correct this problem. Police Chief Randy Garner advised that the two 100 blocks around Cole's Flea have had more accidents than any other two 100 blocks in the City. Mayor Reid requested Chief Garner and City Manager Wicker to review that situation and bring back a recommendation to Council. Councilmember Miller remarked about a letter in the Council packets from Commissioner E1 Franco Lee regarding a bridge over Clear Creek west of Dixie Farm Road. Council - member Miller stated he had received some complaints from citizens about the bridge being an eyesore, as well as a drainage problem, and he commended the efforts of Councilmembers Wolff and Smith and the Drainage District in getting this bridge removed. Councilmember Miller questioned why the State had not finished installing the reflectors on FM 518. City Manager Wicker advised that the epoxy they use to set these reflectors will not work in the type of weather we have been having recently. DEPARTMENTAL F62CRTS City Manager Ron Wicker advised that stop signs were installed on Liberty Drive, northbound and southbound, at its intersection with Shadybend, making this inter- section an all -way stop. City Manager Wicker advised that Staff had prepared an 85 percentile speed study and M traffic study at several locations on Westminister between FM 518 and Old Alvin Road. These studies did not indicate warrants for an all way stop. However, Staff is look- ing at the possibility of putting in an all way stop at the intersection of Windsor and Westminister. We feel that because of the geometrical design of the intersection it will meet the criteria for an all way stop, Mr. Wicker informed. CITIZENS - None DOCKETED PUBLIC HEARINGS - None UNFINISHED BUSINESS REQUEST BY LORNA BYERLY, DIGICON GEOPHYSICAL CORPORATION, FOR PERMIT TO CONDUCT SEISMOGRAPH TESTING INSIDE CITY LIMITS AND REQUEST FOR $100,000.00 BOND REQUIl7CME�fP "-" TO BE REDUCED TO $75,000.00 Ms. Byerly explained that the testing would not be on any private property as they will be coming down FM 2351, approximately 2 to 2 1/2 miles, using air guns. Her company is requesting that the bond requirement be lowered to $75,000 because their insurance company allows them $500,000 worth of bond money to work with and, at this time, all but $75,000 is currently being used. Digicon would like to do the testing within the next two weeks. Ms. Byerly informed that she had the $75,000.00 bond to present to the City if Council. approved the request. It was moved by Councilmember Smith, seconded by Councilmember Miller, that Council allow the request for the seismographic work, subject to City Attorney Talton being able to review the bond and approving the reduction from the $100,000 requirement. Motion passed 4 to 0. ORDINANCE NO. 456-2, ORDINANCE AKROING PERSONNEL ORDINANCE, SPECIFICALLY ADDRESSING HOLIDAY PAY FOR CLASSIFIED IILLOYEES Ordinance No. 456-2 was read in caption by Councilmember Miller. (Second Reading) It was moved by Councilmember Miller, seconded by Councilmember Tetens, that Ordinance No. 456-2 be passed and approved on the second and final reading. Said Ordinance No. 456-2 reads in caption as follows: •, t41 V V -T, 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 OF PAYMENT AND AMENDING 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, Smith and Bost. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 584, ORDINANCE AUTHORIZING EXECUTION OF CONTRACT BETWEEN CITY OF PEARTAND AMID CABTR'EDON ANIMAL DISPOSAL FOR THE PURPOSE OF COLLECTION OF SMALL ANINAL CARCASSES Ordinance No. 584 was read in caption by Councilmember Tetens. (Second Reading) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Ordinance No. 584 be passed and approved on the second and final reading. Said Ordinance No. 584 reads in caption as follows: ORDINANCE NO. 584 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" - None. Motion passed 4 to 0. REQUEST FROM LUTHER CUNNINGHAM TO RENAME INDUSTRIAL ROAD MUCH RUNS BETWEEN SWM MAIN STREET AMID OLD ALVIN ROAD BECAUSE OF CONFLICT WITH ANOTHER STREET WITH A SIMILAR NAME City Manager Wicker explained that if this road were to be extended to the west, it would be the extension of Fite Road in the City, so he would recommend it be renamed Fite Road. Councilmember Smith remarked that the road bisects the old Swensen family's place. It was moved by Councilmember Smith, seconded by Councilmember Bost, that Industrial Road, which runs between South Main Street and Old Alvin Road, be renamed Swensen Road. Motion passed 4 to 0. ORDINANCE NO. 585, ORDINANCE AUTHORIZING EXECUTION OF A CONTRACT BETWEEN C. MARK PORTER AND THE CITY OF PEARLAND FOR THE PURPOSE OF SERVING AS MUNICIPAL COURT PRO WC[Tl'OR City Attorney Talton informed that he had spoken to Mr. Porter and he is in agreement with the same terms in the contract as last year. In checking with the Municipal Court and the Police Department, there seems to be no problem with Mr. Porter's per- formance as Municipal Court Prosecutor. Ordinance No. 585 was read in caption by Councilmember Smith. (First Reading) It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 585 be passed and approved on the first of two readings. Said Ordinance No. 585 reads in caption as follows: 16ANONVOY,• AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT, A FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN C. MARK PORTER AND THE CITY OF PEARLAND, TEXAS. Voting "Aye" - Councilmembers Miller, Tetens, Smith and Bost. Voting "No" - None. Motion passed 4 to 0. ORDEWME N0. 110-E, ORDINANIDE A162IDI G CERTAIN SECTIONS OF CHAPTER 9, F f F[:'1'RTCjTY, OF THE CODE OF ORDINANCES OF THE CITY AMID PROVIDING A PENALTY FOR THE VIOLATION THEREOF Ordinance No. 110-E was read in caption by Councilmember Tetens. (First Reading) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Ordinance No. 110-E be passed and approved on the first of two readings. Said Ordinance No. 110-E reads in caption as follows: ORDINANIDE NO. 11O -E AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTIONS 9-53, 9-69, 9-81, 9-90, 9-105, 9-107, 9-108, 9-116, 9-137, 9- 140, 9-153, 9-157 AND 9-159 OF CHAPTER 9, ELECTRICITY, OF THE CODE OF ORDINANCES OF THE CITY, PROVIDING A PENALTY FOR VIOLATION; SAVINGS CLAUSE, REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Tetens, Smith and Bost. 88 Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 224-8, ORDINANCE ADOPTING THE 1988 SOUTHERN STANDARD BUILDING CODE, WITH REVISIONS; AND PROVIDING FOR A PENALTY FUR. VIOLATION THEREOF Ordinance No. 224-8 was read in caption by Councilmember Bost. (First Reading) It was moved by Councilmember Bost, seconded by Councilmember Smith, that Ordinance No. 224-8 be passed and approved on the first of two readings. Said Ordinance No. 224-8 reads in caption as follows: ORDINANCE NO. 224-8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY CODE OF ORDINANCES BY ADOPTING THE SOUTHERN STANDARD BUILDING CODE, 1988 EDITION, WITH REVISIONS, AND FURTHER MAKING AMENDMENTS, MODIFICATIONS AND ADDITIONS THERETO; PROVIDING A PENALTY; HAVING A SAVINGS CLAUSE, HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Bost, Smith, Tetens and Miller. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 518-1, ORDINANCE ADOPTING THE 1988 Ski STANDARD GAS CODE; MAKING CERTAIN A ENDNENTS; AND PROVIDING FOR A PENALTY FOR. VIOLATION THEREIOF Ordinance No. 518-1 was read in caption by Councilmember Miller. (First Reading) It was moved by Councilmember Miller, seconded by Councilmember Tetens, that Ordinance No. 518-1 be passed and approved on the first of two readings. Said Ordinance No. 518-1 reads in caption as follows: ORDINANCE NO. 518-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTION 23-161 AND SECTION 23-161.1 OF THE CITY CODE OF ORDINANCES, BY ADOPTING THE SOUTHERN STANDARD GAS CODE, 1988 EDITION, AND MAKING CERTAIN AMENDMENTS, MODIFICATIONS, ADDITIONS AND DELETIONS THERETO; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Tetens, Smith and Bost. Voting "No" - None. Motion passed 4 to 0. NEW BUSINESS POTATION BY JACK MCGUFF ON THE FMOP0070 I PLAN FUR THE ENLARGEMENT OF THE MELVIN KNAPP ACTIVITY BUILDING Mr. Jack McGuff, Architect, explained that he has had meetings with the Senior Citizens and with Councilmember Wolff concerning the enlargement of the Melvin Knapp Activity Building. The proposed plan he is presenting tonight for Council's review is the one the group of Senior Citizens have recommended. This plan has an additional restroom and kitchen and extends across the width of the lot, taking in two 25' lots owned by the City and two 25' lots owned by Mr. George Hastings, with parking across the front, providing an additional 5121 square feet of building. Another schematic presented shows the addition extending to the front of the existing lot, having the parking spaces on the lots owned by the City and the lots owned by Mr. Hastings, with the enlargement being 4365 square feet. Mayor Reid advised that at a future date Council will workshop this item in more detail with Mr. McGuff. OMINANCE NO. 301-1, ORDINANCE AM MING SE7CTION 30-37 AMID 30-39 OF THE CITY CODE OF ORDINANCES; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE Ordin No. 301-1 was read in caption by Councilmember Tetens. (First Reading) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Ordinance No. 301-1 be passed and approved on the first of two readings. Said Ordinance No. 301-1 reads in caption as follows: ORDINANCE NO. 301-1 Voting "Aye" - Councilmembers Miller, Tetens, Smith and Bost. Voting "No" - None. Motion passed 4 to 0. RESOUJTION NO. R89-43, RESOLUTION INSTALLATION OF TRAFFIC CONTROL DEVICES IN THE CITY AND RATIFYING THE SAME (STOP SIGNS: NORTHBOUND AND SOLMMOUND AT T IBERTY DRIVE AT SHADYBENID) . Resolution No. -R89-43 was read in its entirety by City Attorney Robert Talton. It was moved by Councilmember Bost, seconded by Councilmember Miller, that Resolution No. R89-43 be passed and approved on the first and only reading. Said Resolution No. R89-43 reacts in caption as follows: RESOLUTION NO. 889-43 A RESOLUTION CONCERNING THE INSTALLATION OF TRAFFIC CONTROL DEVICES IN THE CITY AND RATIFYING THE SAME. Voting "Aye" - Councilmembers Bost, Smith, Tetens and Miller. Voting "No" - None. Motion passed 4 to 0. APPROVAL OF INSURANCE FOR PEARLAM E. M. S. City Manager Wicker explained that we had received proposals for accident and sickness insurance for the Pearland E. M. S. and that the proposal from Volunteer Firemen's Insurance Services of Texas exceeded what we have been getting as far as coverage is concerned. It is Staff's recommendation that Council approve the insurance proposal from Volunteer Firemen's Insurance Services of Texas. Councilmember Smith informed that there are three significant advantages with this insurance over the present one. They are : 1) under this policy our Medical Director will be covered; 2) under this policy the volunteer who leaves his home in route to a call in his personal automobile will be covered; and 3) under this policy an itemized list of hand tools is not required. The Pearland Volunteer Fire Department, Councilmember Smith advised, has been using this insurance group for years and has had good results. Ipa�# I I. - '9 It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Council approve the insurance plan with the Volunteer Firemen's Insurance Services of Texas for the upcoming year for the Pearland E. M. S. Motion passed 3 to 0. Councilmember Smith absent from the Chambers at this time. COUNCILMEMBER Sb= RE.'1UMM TO COUNCIL CIS HE MEETING RECESSED TO EXECUTIVE SESSION AT 8:32 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 RETURW TO OPEN SESSION AT 8:58 P. M. 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 Staff the final compensation for a police employee. NEW BUSINESS (Continued) AUTHORIZING FINAL PAYMENT OF COMPENSATION FUR. POLICE EMPLOYEE It was moved by Councilmember Miller, seconded by Councilmember Tetens, that police employee, Captain Glenn Stanford, be compensated in accordance with his highest pay classification in the last six months, in accordance with Section 143.045 of the Local Government Code, in the amount of $13,980.96 for vacation and sick time accumulated to date. Motion passed 4 to 0. The meeting adjoumed at 8:59 P. M. Minutes approved as submitted and/or corrected this ;' day of � , A. D., 1990. GyyJ Mayor ATTEST: City Se tary