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1990-01-08 CITY COUNCIL REGULAR MEETING MINUTES91 N U UM OF A MM AR MM TM OF TM CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 8, 1990, 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 James Bost Councilmember David Smith Councilmember Richard Tetens Councilmember D. A. Miller City Manager Ronald J. Wicker City Attorney Robert Talton City Secretary Kay Krouse INVVOCATION AND PLEDGE OF ALTEGIANCE The Invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by Councilmember Richard Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the Minutes of the Regular Meeting of December 18, 1989, be approved as presented. Motion passed 5 to 0. NAYOR'S ACTIVITY REPORT Mayor Reid issued a proclamation proclaiming the month of January as Volunteer Blood Donor Month in Pearland. Mayor Reid also issued a proclamation declaring the month of January as Girl Scout Cookie Month in Pearland. Brenda Boyko accepted the proclamation and presented each member of the Council and Staff a box of cookies. COUNCIL ACTIVITY REPORTS Councilmember Miller reported he would like to bring to the attention of Council and Staff the petition dated December 15, 1989, from residents in the 1900 block of Washington Irving concerning the level of the street and the possibility of their houses flooding. Councilmember Miller informed that he had received a phone call in December from the lady in charge of the Carden Jackson School on Liberty Drive. It seems she is confused about what she needs to do to bring the school into compliance with our ordinance. Councilmember Miller questioned the status of the Hill Landfill situation that is in violation of City ordinances. City Attorney Talton responded that a letter will be �- going out this Wednesday and that he will need to contact the probate clerk in Galveston. Councilmember Miller informed he will be attending the Airport Committee meeting tomorrow evening. Councilmember Tetens reported the Animal Control Ordinance Committee met before Christmas and made some recommendations for amending the ordinance. These recommendations were given to the City Attorney to be put into legal form. The committee would like to review these changes in their legal form before presenting them to Council. Councilmember Tetens questioned the status of a proposed ordinance concerning saving old trees on property being developed. Mayor Reid advised that this matter was turned over to the Planning and Zoning Commission and said he would check on its status. Councilmember Wolff questioned the status of the dedication of right-of-way for the hike and bike trail that was to be given by the owners of the Carden Jackson School, which was one of the stipulations when the City granted a specific use permit for the school. City Attorney Talton informed that he has prepared the deed and sent it along with a letter to Attorney A. G. Crouch, but, as yet, has not heard back from him. Councilmember Wolff stated that he has been advised by the Drainage District that they will be willing to put a foot bridge alongside the park bridge for the hike and bike trail to extend into the park and that he feels the right-of-way should be obtained from the school as soon as possible so that work can begin on this project. Councilmember Smith informed that John Kegley passed away this weekend. He served as City Councilman from 1962-64 and was the second Mayor of Pearland, serving from 1964- 66. The services for Mr. Kegley are to be on Tuesday, January 9th. Councilmember Smith reported that he, Councilmember Wolff and Lloyd Yost looked at the situation on Washington Irving Street and that nothing has been done recently to raise the level of the street. Councilmember Smith stated they talked to one of the residents on the street and it was understood that when the street will be repaved, part of the base material will probably need to be removed so that when repaved, the street level will remain the same. Councilmember Smith reported he attended the Drainage District meeting this morning and at that meeting the District agreed to provide the City with a map prepared by their engineer which will indicate the Drainage District's requirements concerning easement widths for Mary's Creek, Hickory Slough, Clear Creek and the part of Chigger Creek within the City limits. Councilmember Smith informed that the Clear Creek Regional Drainage Plan Committee will be meeting at City Hall in Pearland on January 17. Councilmember Bost advised that he would like Council to workshop the matter of increasing the homestead exemption for the elderly. Mayor Reid agreed that this -` would be an item to workshop in the near future. City Manager Ron Wicker advised that, concerning the Carden Jackson School, the lady received a letter from the City outlining the items needing to be done. A temporary Certificate of Occupancy was issued and they were given 120 days to bring the school into compliance. Time is drawing to an end on the 120 days, and, as yet, Mr. Wicker stated, we have not received the easement which was one of the stipulations in granting the specific use request. City Manager Wicker reported that during the recent freeze before Christmas, a lot of surrounding cities, including Houston, were without water, but that was not the case in Pearland. Because of our water facilities, we did not have any problems even though we had power failure and some of the pumps throughout the City were down at times. City Manager Wicker informed that he recently sent a letter to the State Highway Department requesting a traffic study be made in the two blocks of North Main in the area of Cole's Flea Market and at two other locations on Highway 35. A copy of accident reports at these locations was included with the letter. Hopefully, Mr. Wicker stated, the State will review these areas and initiate some type of traffic control. City Manager Wicker reported that the State traffic signal crews are currently working to improve various intersections on FM 518 west of town. City Manager Wicker reported that City personnel have been working with the Harris County Flood Control District in trying to acquire the necessary right-of-way for the Green Tee/Clear Creek bridge. The engineer has put together the metes and bounds description which has been forwarded to Tom Alexander for execution. The State is ready to start the design on this bridge. CITIZENS - None 911 DOCKETED PUBLIC HEAPJ2M - None tINF'I IISHED BUSINESS 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 PROSN7CUTOR Ordinance No. 585 was read in caption by Councilmember Bost. (Second Reading) It was moved by Councilmember Bost, seconded by Councilmember Smith, that Ordinance No. 585 be passed and approved on the second and final reading. Said Ordinance No. 585 reads in caption as follows: 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 Bost, Smith, Wolff, Tetens and Miller. Voting "No" - None. Motion passed 5 to 0. ORDMOICE NO. 110-E, ORDINANCE AMENDING CERTAIN SECTIONES OF CHAPTER 9, ElECTTCITY OF ME CODE OF ORDINANCES OF THE CITY AND PROVIDING A PENALTY FOR THE VIOLATION SOF Ordinance No. 110-E was read in caption by Councilmember Smith. (Second Reading) It was moved by Councilmember Smith, seconded by Councilmember Bost, that Ordinance No. 110-E be passed and approved on the second and final reading. Said Ordinance No. 110E reads in caption as follows: ORDINANCE NO. 110-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, Wolff, Smith and Bost. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 224-8, ORDINANCE ADOPTING THE 1988 SOUTHERN STANDARD BUILDING CODE, WITH REVISIONS; AND PROVIDING FOR A PENALTY FOR VIOLATION SOF Ordinance No. 224-8 was read in caption by Councilmember Tetens. (Second Reading) It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that Ordinance No. 224-8 be passed and approved on the second and final reading. Ordinance No. 224-8 reads in caption as follows: CEDINM= 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, Wolff, Tetens and Miller. 99 Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 518-1, FINANCE ADOPTING 7tE 1988 SWniEM STR"M GAS CCS; MMM G CERTAIN AMENDMENTS; AND PROVIDING FOR A PENALTY FOR VIOLATION TFOOF Ordinance No. 518-1 was read in caption by Councilmember Miller. (Second Reading) It was moved by Councilmember Miller, seconded by Councilmember Tetens, that Ordinance No. 518-1 be passed and approved on the second and final reading. Said Ordinance No. 518-1 reads in caption as follows: ORDINME 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, Wolff, Smith and Bost. Voting "No" - None. Motion passed 5 to 0. ORDU00CE NO. 301-1, ORDD*JC.E AM MUG SECTIONS 30-37 AND 30-39 OF THE CITY CCS OF ORDINANCES; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE Ordinance No. 301-1 was read in caption by Councilmember Bost. (Second Reading) It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Ordinance No. 301-1 be passed and approved on the second and final reading. Said Ordinance No. 301-1 reads in caption as follows: ORDINANCE NO. 301-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING SECTIONS 30-37 AND 30-39 OF THE CITY CODE OF ORDINANCES; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR CODIFICATION; AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens and Miller. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS •,� •gar i� �, �;D$A N Z� :+51• It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Councilmember Wolff's absence from the Regular Meeting of December 18, 1989, be excused. Motion passed 4 to 0. Councilmember Wolff abstained. APPROVAL OF NUMM A INSURANCE FOR CITY EMPLOYEES City Manager Wicker explained this insurance has been recommended by Louis Pelz, the City's consultant for our employee insurance, to be used in conjunction with our recent acceptance of the Blue Cross and Blue Shield insurance plan. Mr. Pelz advised that the Humana Plan has been successful in coordinating the payment of insurance claims with Blue Cross and Blue Shield. In general Council discussion with Staff, it was pointed out that the agreement with Blue Cross and Blue Shield has not been signed. There is a problem with the wording. rNllJ City Manager Wicker informed that he felt the agreement they wanted us to sign was not in keeping with the action Council took in awarding the bid to Blue Cross. City Attorney Talton related that the wording was such that they could change the rates at any time, and he, too, felt that Council had taken action based on a bid quoted for one year. It was moved by Councilmember Smith, seconded by Councilmember Bost, that approval of Humana Insurance be tabled. Motion passed 5 to 0. In Council discussion with Staff and Mr. Joe Martin, Agent for Blue Cross, it was brought out that the attorney for Blue Cross and the City Attorney need to resolve the wording on the agreement. City Manager Ron Wicker explained that approximately two and one half years ago a consulting firm conducted a fee study for our City and, upon completion, recommended increasing our fees. In checking with cities in our area, we found that we are low in some of our fee charges. We are recommending these fee changes to try to make sure the building inspection department stands on its own, Mr. Wicker advised. It was moved by Councilmember Wolff, seconded by Councilmember Miller, that consideration of the fees to be charged under the Electrical Code, the Building Code and the Gas Code be passed to a future agenda to give Council time to review them. Motion passed 3 to 2. Councilmembers Tetens and Bost voting against. FINANCE ND. 513-1, ORDINANCE ADOPTING THE 1988 FIRE CODE AND LIFE SAFETY COQ WDE REVISIONS, AND PRDVIDING FOR A PENALTY FUR VIOLATION =MQF Ordinance No. 513-1 was read in caption by Councilmember Miller. (First Reading) ,— It was moved by Councilmember Miller, seconded by Councilmember Wolff, that Ordinance No. 513-1 be passed and approved on the first of two readings. Said Ordinance No. 513-1 reads in caption as follows: ORDINANCE NO. 513-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING THE 1988 FIRE CODE; PROVIDING A PENALTY FOR VIOLATION OF SAME; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING FOR PUBLICATION AND HAVING AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Tetens, Wolff, Smith and Bost. Voting "No" - None. Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:39 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. i�iaa�M��, ;+�k �; �i�► k• • �� �a�.. ��`►i:Vii[i7:cv.1�13��� •7:�h+ki0kllb61 : �+ I Mayor Reid read the following items which were discussed in Executive Session and signed a certification: (Official tape of Executive Session retained in official files of the City located in the City Secretary's Office.) UNDER SUBSECTION (e) LEGAL - Council discussed with the City Attorney the lawsuit concerning the Manuel landfill. UNDER SUBSECTION (g) PERSONNEL - Council and City Staff discussed a Council Appointee. N 1_1l V�� The meeting adjoumed at 10:33 P. M. Minutes approved as submitted and/or corrected this day of A. D., 1990. Mayor ATTEST: Gam- �........ C -M Sedretary