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1990-02-12 CITY COUNCIL REGULAR MEETING MINUTES"10 MINUTES OF A REGLX R MEETING OF THE CITY COUNCIL OF THE CITY OF PEND AND, TEXAS, HELD ON FEBRUARY 12, 1990, AT 7:30 P. M. IN THE COUNCIL CHAMBERS, 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 Acting City Manager James DeShazer City Attorney Robert Talton City Secretary Kay Krouse INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by Councilmember William Wolff. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the Minutes of the Regular Meeting of January 22, 1990, be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Smith, seconded by Councilmember Bost, that the Minutes of the Special Meeting of January 29, 1990, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid advised that there will be a Council Workshop on February 19, 1990, at 7:30 P. M. Mayor Reid issued a proclamation proclaiming the week of February 14 as Salute to Hospitalized Veterans Week. Nell Fuller and Helen Wisnewski, representing the Ladies Auxiliary of VFW Post 7109, accepted the proclamation. Mayor Reid recognized in the audience students from a government class at San Jacinto College. COUNCIL ACTIVITY REPORTS Councilmember Miller questioned the status of Sgt. Webb's health. Chief Garner responded that he is receuperating very well from his recent heart bypass surgery. Councilmember Miller reported that he has been contacted by a representative from the Pearland Jaycees regarding their plans for promoting and conducting a shooting education school for young people here in the City on March 24 involving the Daisy B.B. Gun Company. Councilmember Miller remarked that he will be meeting with the City Manager regarding the rules and regulations for this kind of activity within the City. Councilmember Tetens reported that the Animal Control Committee met again to finalize changes to the animal control ordinance and these changes were forwarded to the City Attorney for his review. Mayor Reid advised that these changes would be an item for a future Council workshop. 107 Councilmember Wolff reported that he had contacted a resident on Windsor Street regarding the effect of the all -way stop signs on Westminister and Windsor Drive, and he was told that the stop signs really made a difference in the rate of speed of the cars traveling in that area. Councilmember Wolff reported that work by the State is progressing nicely on the signal light at the intersection of McLean and F. M. 518. Councilmember Wolff reported that he participated in the high school Career Day last Thursday and spoke about job opportunities in municipal government. Councilmember Wolff reported that he, along with Councilmember Smith, attended the Drainage District meeting this morning. Councilmember Wolff stated that the City has not as yet received information from the District regarding the optimum size of ditch that will handle drainage from the Corrigan Subdivision. Councilmember Wolff stated he feels that this information is vital to the City's work on the flooding situation in Corrigan. Councilmember Smith reported that in the near future the committee members working on the Clear Creek Watershed project will be coming to each entity involved with this program with a proposal showing a cost breakdown for each City to continue to proceed with this project. Hopefully the participation will be 20% City and 80% State/and or Federal funds. Councilmember Smith stated that we have been working on a 100 year flood plain as required by F.E.M.A.; however, the Corps of Engineers has let a contract to reconstruct the creek starting at the mouth of Clear Creek and coming back this way, doing a 10 year flood plain, with a 100 year "buy out". Councilmember Smith stated that it was obvious from our participation in the Clear Creek Watershed, that we are going to have to design for the 100 year flood plain or there will be no matching funds. Councilmember Smith informed that Judge Damon has appointed him to a committee consisting of 15 citizens throughout the County to work on the development of proposals for road, building and drainage expansion for a 10 year project. Councilmember Smith reported that at the drainage meeting this morning it was learned that the railroad bridge at Mary's Creek is sufficient in size and does not need to be enlarged. However, there is a large amount of gravel under the bridge that needs to be removed. Also the sizing of the bridge at HWY 35 has been determined and this information forwarded to the Highway Department. Councilmember Bost reported that the center lane marking on F. M. 518 is very difficult to see in areas particularly where there are streets going off both ways. These markings should be such that there is clear visibility for turning either way off of F. M. 518. Also, Councilmember Bost stated that he felt a traffic light was needed, if feasible, at the intersection of Yost Road and F. M. 518. Councilmember Bost questioned the status of the traffic problems at Cole's Flea Market. Councilmember Wolff responded that in looking at an old abstract map, in the Tax Department,' there is an indication of an unopened public road right-of-way that leads to the back of Cole's Flea Market from Knapp Road; however, in a preliminary research of the deed records, we did not find any reference to this. Councilmember Wolff indicated that Councilmember Smith is currently working with an engineer who will further research this to see if, in fact, there is such a right-of-way. It has been confirmed in a recent aerial photo that there is no permanent structure within the right-of-way area. If this road could be constructed in the back of Cole's Flea Market, it would greatly relieve the amount of traffic entering and leaving the area from HWY 35, Councilmember Wolff stated. Acting City Manager Jim DeShazer reported that Councilmember Smith and City Staff recently net with the representatives of the Highway Department, who updated them on the status of the Country Club bridge. It appears that the project will be bid sometime in August. CHANGE IN THE ORDER OF BUSINESS NEW BUSINESS ORDINANCE NO. 536, ORDINANCE AUTHORIZING EXECUTION OF q CONTRACT BETWEEN THE CITY AND THE LAW FIRM OF CALANEr LINEBARGER & GRAHAM FOR THE PURPOSE OF COLLECTION OF DELINQUENT TAXES 108 Tax Assessor/Collector Barbara Lenamon introduced Russell N. Mclnturff, of Calame, Linebarger & Graham, and stated that this firm has been doing an excellent job for the City in the collection of delinquent taxes. Ordinance No. 586 was read in caption by Councilmember Wolff. (First Reading) It was moved by Councilmember Wolff, seconded by Councilmember Smith, that Ordinance No. 586 be passed and approved on the first of two readings. Said Ordinance No. 586 reads in caption as follows: ORDINANCE NO. 586 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 THE LAW FIRM OF CALAME, LINEBARGER & GRAHAM AND THE CITY OF PEARLAND, TEXAS. Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens and Miller. Voting "No" - None Motion passed 5 to 0. CITIZENS 1. Vivian Williams, Representing Pearland Little League. Ms. Williams requested Council approval of the Little League Parade for March 31, 1990. CHANGE IN THE ORDER OF BUSINESS NEW BUSINESS (CONTINUED) COUNCIL DECISION ON PARADE ROUTE FOR PEARLAND LITTLE LEAGUE ON MARCH 311 1990 Police Chief Randy Garner stated that the route was reviewed by his department and is the same route as last year's, and that he saw no objections. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Council approve the parade route of the Pearland Little League for March 31, 1990. Motion passed 5 to 0. CITIZENS (CONTINUED) 2. Carlton Mc Comb, 3914 Shadycrest. Mr. McComb personally thanked Mayor Reid for his service to the City over the years both as a Councilmember and as Mayor. Mr. McComb then took issue with statements made by former Councilmember Stella Roberts at the January 22 Council Meeting by relating his experiences with flood insurance and the bond issues for capital improvements in the City during his years as Mayor and Councilmember. Mr. McComb expressed his feelings about current actions in the City and concluded by saying that he saw nothing wrong with returning to the City of the past and that he thought the citizens would agree. MEETING RECESSED AT 8:29 P.M. MEETING RECONVENED AT 8:40 P.M. CITIZENS (CONTINUED) 3. Wesley E. Wittge, 6027 Gardenia Road. Mr. Wittge presented Council with a petition signed by residents of Gardenia Road requesting the extension of City water off O'Day Road to Gardenia Road. Acting City Manager DeShazer informed that this project would involve:+approximately. 1800 feet of 8" pipe from O'Day Road to the last house to be served. Material cost would run about $12,000 plus any additional items needing to be done. Based on the cost involved, it was suggested that Mr. Wittge inform the residents and if they agree to participate, get back in touch with Mr. DeShazer. 4. Frances Jamison, F.M. 518. Mrs. Jamison informed that she, too, attended the Drainage District meeting this morning and that she understood that the District's 10 engineer will soon have maps that will indicate what it will take to prevent flooding along Mary's Creek. Mrs. Jamison stated that she had put in writing, and presented to Council, a statement that if the City would drop the lawsuit against the Jamison, she and her husband Burt would let the Drainage District come on their property to clear out the area along Mary's Creek. DOCKETED PUBLIC HEARINGS - None UNFINISHED BUSINESS ORDINANCE NO. 576-1, AN ORDINANCE AMENDING ORDINANCE NO. 576, BUDGET ORDINANCE Ordinance No. 576-1 was read in caption by Councilmember Bost. (Second Reading) It was moved by Councilmember Bost, seconded by Councilmember Wolff, that Ordinance No. 576-1 be passed and approved on the second and final reading. Said Ordinance No. 576-1 reads in caption as follows: ORDINANCE NO. 576-1 AN ORDINANCE AMENDING ORDINANCE NO. 576, BUDGET ORDINANCE, BY AUTHORIZING THE PAYMENT OF SEVERANCE FUNDS FROM THE WATER AND SEWER ENTERPRISE FUNDS; AND TRANSFERRING FUNDS FROM THE WATER AND SEWER FUND BALANCE TO THE WATER AND SEWER ENTERPRISE FUND; AND PROVIDING FOR A SEVERABILITY CLAUSE. Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens, and Miller. Voting "No" - None Motion passed 5 to 0. RESOLUTION NO. R90-3, RESOLUTION AND ORDER OF THE CITY COUNCIL AUTIHORIZING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON THE FIFTH OF MAY, 1990, FOR THE PST :<Er' ELEWING A MAYOR AND MEMBER OF THE CITY COUNCIL, POSITION NO. 3, AND 3TAILIMNO PROCEDURES FOR SAID ELECTION. Resolution No. R90-3 was read in its entirety by Councilmembers Smith and Wolff. It _was moved by Councilmember Wolff, seconded by Councilmember Smith, that Resolution No. R90-3 be passed and approved on the first and only reading with the following correction made: on page 3, third paragraph, second line, change "make return" to "take returns". Said Resolution No. R90-3 reads in caption as follows: RESOLUTION NO. R90-3 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON THE FIFTH DAY OF MAY, 1990, FOR THE PURPOSE OF ELECTING A MAYOR AND ONE MEMBER OF THE CITY COUNCIL IN AND FOR THE CITY OF PEARLAND, TEXAS; ESTABLISHING POLLING PLACES; NAMING CLERKS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS' ELECTION. Voting "Aye" - Councilmembers Miller, Teten, Wolff, Smith and Bost. Voting "No" - None Motion passed 5 to 0. RESOLUTION NO. R90-4, RESOLUTION APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING r- STATION FOR THE MAY 5, 1990 CITY OFFICERS' ELECTION Resolution No. R90-4 was read in its entirety by Councilmember Teten . It was moved by Councilmember Teten, seconded by Councilmember Bost, that Resolution No. R90-4 be passed and approved on the first and only reading. Said Resolution No. R90-4 reads in caption as follows: RESOLUTPION NO. R90-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION, BRAZORIA COUNTY COURTHOUSE, ANGLEIM, TEXAS, FOR THE REGULAR CITY OFFICERS' ELECTION TO BE HELD ON THE FIFTH DAY OF MAY, 1990. 110 voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens and Miller. Voting "No" - None Motion passed 5 to 0. CONSIDERATION OF OVER 65 TAX EXEMPTION Mayor Reid advised that this item will be passed until after the workshop on February 19. ANARD OF BID NO. B90-1, TWO FULL SIZE TRUCKS * SEE INSERT Mike Joyce, Shop Supervisor, advised that all bids received met our specifications. The specs called for two full size trucks with the option to bid more. We have funds in the budget for three full size trucks and would like to request Council approval to purchase three at the same price, Mr. Joyce stated. It was moved by Councilmember Smith, seconded by Councilmember Bost, that Staff be authorized to purchase these three full size trucks from Knapp Chevrolet at the price of $10,886 per unit and that the funds be taken from the appropriate account. Motion passed 5 to 0. AWARD OF BID NO. B90-2, TWO MID SIZE TRUCKS Shop Supervisor Mike Joyce informed that none of the bids received met our specificiations. It was moved by Councilmember Wolff, seconded by Councilmember Miller, that all bids on Bid No. B90-2 be rejected. Motion passed 5 to 0. ORDINANCE NO. 587, ORDINANCE AUTHORIZING EXECUTION OF A CONTRACT BETH= TH0=CI"- AfiD EARL LAIRSON AND COMPANY, CERTIFIED PUBLIC ACCOUNTANTS# FOR THE PURPOGE OF`=2UNNINIS THE FINANCIAL STATEMENT OF THE VARIOUS FUNDS OF THE CITY, FOR THE YEAR ENDING SPETEMBER 30, 1990 It was moved by Councilmember Smith, seconded by Councilmember Wolff , that this item be passed until after the workshop on February 19. Motion passed 5 to 0. INCREASE OF GAS MILEAGE REIMBURSEMENT FROM 20 CENTS A MILE TO 25 CENTS A MILE Acting City Manager Jim DeShazer recommended that the City policy on car allowances be updated from 20 cents to 25 cents per mile. It was moved by Councilmember Wolff, seconded by Councilmember Smith, that the car allowance be increased from 20 cents to 25 cents per mile in accordance with the recommendation of the City Manager. Motion passed 5 to 0. REQUEST FOR PAYMENT FROM THE BRAZOS BEND WATER AUTHORITY FOR CITY OF PEARLAND'S SHARE OF THE 1990 DEBT SERVICE PAYMENT IN THE AMOUNT OF $30,516.81. It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that request for payment from the Brazos Bend Water Authority for Pearland's share of the 1990 debt service payment be approved in the amount of $30,516.81 and that the funds be taken from the appropriate account. Motion passed 5 to 0. CHANCE IN THE ORDER OF BUSINESS OTHER BUSINESS MEETING RECESSED TO.EXECUTIVE SESSION AT 9:16 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. III / 2 MEFn ,T0 OPEN SESSION AT 10:30 P.M. 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 had a discussion with the attorney regarding the landfill lawsuit. UNDER SUBSECTION (g) PERSONNEL - Council discussed appointments to the following City Boards: Animal Control Board, Library Board, Electrical Board, Zoning Board of Adjustments and Bulding Code Board of Adjustments; Council discussed with City Staff items concerning the Police Department; and Council had a discussion regarding a Council Appointee. NEW BUSINESS (CONTINUED) ORDINANCE NO. 450-6, ORRDINANCE AMENDING CIVIL SERVICE ORDINANCE, ESTABLISHING CLASSIFICATIONS FOR ALL POLICEMEN AND ESTABLISHING THE Nth OF ALTnMIZED POSITIONS IN EACH CLASSIFICATION Ordinance No. 450-6 was read in caption by Councilmember Miller. (First Reading) It was moved by Councilmember Miller, seconded by Councilmember Tetens, that Ordinance No. 450-6 be passed and approved on the first of two readings with the following corrections: Page 1, Section 1, No. of Authorized Positions for Patrolman should be changed from 9 to 19; No. of Authorized Positions for Captain should be changed from 0 to 2. Said Ordinance No. 450-6 reads in caption as follows: ORDINANCE NO. 450-6 AN ORDINANCE AMENDING ORDINANCE NO. 450-5 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 CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT THEREOF. Voting "Aye" - Councilmembers Miller, Tetens, Wolff, Smith and Bost. Voting "No" - None Motion passed 5 to 0. ADJOURN The meeting adjourned at 10:33 P. M. Minutes approved as submitted and/or corrected this —2-6 day of Mayor Pro Tem ATTEST: mac, City SecVretary * INSERT MUNCTT. RFVTFWFD THE FOLLOWING BIDS: VENDOR MAKE UNIT PRICE TOTAL PRICE DELIVERY DATE TIMMERS CHEVROLET CHEV CC10903 $11,340.24 $22,680.48 90 - 120 DAYS KNAPP CHEVROLET CHEV CC10903 $10,886.00 $21,772.00 60 - 90 DAYS RON CARTER CHEVROLET CHEV CC10903 $11,218.49 $22,436.98 90 - 120 DAYS RON CARTER FORD FORD F150 $12,284.75 $24,569.50 60 - 90 DAYS A. C. COLLINS FORD FORD F150 $11,224.00 $22,448.00 6 - 8 WEEKS