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1989-01-23 CITY COUNCIL REGULAR MEETING MINUTES151 MIlVI= OF A R[ML AR MEETING OF 71E CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 23, 1989, 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 Stella Roberts Councilmember Councilmember Councilmember Councilmember City Manager City Attorney Assistant City Manager Public Works Director City Secretary William Wolff James Bost Richard Tetens David Smith Ronald J. Wicker Robert Talton Donald Birkner William Thomasset Kay Krouse The invocation was given by Councilmember David Smith. The Pledge of Allegiance was led by Public Works Director Bill Thomasset. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the Minutes of the Regular Meeting of January 9, 1989, be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Roberts, seconded by Councilmember Bost, that the Minutes of the Joint Public Hearing held on January 16, 1989, be approved as submitted. Motion passed 5 to 0. Mayor Reid issued a proclamation proclaiming the month of February, 1989, as Girl Scout Cookie Month in Pearland. Girl Scout Susie Alsobrook accepted the proclamation. COUNCIL ACTIVITY REPORTS Councilmember Roberts reported that Clean Pearland personnel gave out over 1000 pine tree seedlings last Saturday and the events of the day were a big success. Councilmember Wolff questioned Staff about the status of the following items: 1. Acquisition of right-of-way on Magnolia Drive between Veterans Drive and McLean Road. City Manager Ron Wicker responded that, to date, no additional right-of-way has been obtained. He has spoken with Morris Hardcastle, real estate representative for several of the property owners, and Mr. Hardcastle indicated he would try to negotiate with the owners concerning the possibility of their donating the right-of- way. In addition, Mr. Wicker said he has spoken to Rev. Barnett, another property owner, and he indicated that if the road was paved, he would consider the donation of the right-of-way. 152 2. Traffic light at McLean and FM 518. City Manager Wicker responded that the City received, today, a package from the State Highway Department in which an agreement was enclosed for the City to approve the State installing a traffic signal at McLean and FM 518. This will be on the next Council agenda. Also included in the package were plans and specifications showing the proposed redesign of each signalized intersection from the railroad crossing to C.R. 1128, putting in left -turn lanes. These plans and specs are presently in the Engineering Department for their review. 3. Split -phase signalization at Walnut Street and Hwy. 35. City Manager Wicker responded that he has not, as yet, received a reply from the State regarding that item. City Manager Ron Wicker reported that there were several items that Council needed to workshop and requested that the Mayor call a workshop for next Monday, January 30, 1989. The Mayor agreed to do so. CITIZENS 1. Juanita Sisneros, representing Pearland Little League. Mrs. Sisneros contacted City Staff earlier in the day to advise she would not be appearing at this evening's meeting and requested to be put on the next Council agenda. 2. Marie Bartsch, Personal Touch Emporium. Ms. Bartsch addressed Council with a request for them to consider making an exception to the Sign Ordinance so that she can leave her portable sign in place until all construction on FM 518 is completed. She has taken out a portable sign permit for 90 days to advertise her new business in the Sherwood Shopping Center. She explained that all the other portable signs at the shopping center are for older businesses and the 90 days doesn't include them; and with all the construction, it is very difficult for anyone to see her store in the shopping center. Mayor Reid advised Ms. Bartsch that Council is in the process of reviewing the Sign Ordinance and will take her request into consideration. DOCKETED PUBLIC HEARINGS - None UNFINISHED BUSINESS ORDINANCE NO. 456-1, ANgUENT TO PERSONNEL. ORDINANCE .APPROVAL OF PAY CLASSIFICATION PLAN APPROVAL OF JOB DESCRIPTIONS Mayor Reid advised that he had a request by two Councilmembers for the above three items to be passed this evening and be placed on the agenda for the next Monday night workshop. All the Council members were agreeable to this. NEW BUSINESS • • • 1 � I� • I� I3 �I•n • • : • 4�1' '� 1 �•. I 1 • Mayor Reid commented on the requirements in our City Charter for the appointment of the Charter Review Commission and described the formation and duties of the Commission. Mayor Reid advised that the Personnel Committee has submitted the _ following names for Council consideration: Helen Beckman, Organizing Chairman, Fran Coppinger, Dorothy Cook, James DeShazer and William McClelland. It was moved by Councilmember Wolff, seconded by Councilmember Bost, that the Council appoint He 1 en Beckman, Fran Coppinger, Dorothy Cook, James DeShazer and William McClelland as members of the 1989 Charter Review Commission. Motion passed 5 to 0. Mayor Reid administered the Oath of Office to Helen Beckman, Fran Coppinger, James 153 DeShazer and William McClelland. COUNCIL DECISION ON PARADE ROUTE FOR PEARLAND LITTLE LEAGUE ON APRIL 1, 1989 This item was passed to a future agenda. COUNCIL DECISION ON APPLICATION NO. SP -15, CARL CHILD, AGENT FOR C 4HM WIGHT, 0WNER Mayor Reid read into the records the following letter from Leroy Savoie, Chairman of the Planning and Zoning Commission: January 20, 1989 Honorable Mayor and Councilmembers City Hall Pearland, Texas Dear Members: In a special meeting held on January 16, 1989, the Planning and Zoning Commission considered the request of Carl E. Child, agent for Charles.Wight, owner, for a specific use permit (SP -15) in a General Business District for Ultralipht Airplane Sales, Storage, Rental and Repair; Parts, Sales and Service and Ultralight Aircraft Instruction and Operation on property located at 2601 S. Main. Because of the Commission's concerns about safety and noise pollution associated with ultralight aircraft operation and inadequate space available for take off and landing on the subject property, the applicant was asked if he would be willing to amend his application to remove ultralight operation since ultralight aircraft have never and do not now operate from that location. The applicant verbally agreed to amend his request which would exclude the operation and a motion was made as follows: — It was moved by Al Lentz, seconded by Benny Frank, to grant the request of Carl E. Child, agent for Charles Wight, owner, for a specific use permit in a general business district for ultralight airplane sales, storage, rental and repair; parts, sales and service and ultralight aircraft ground instruction and that the request for operation, i.e., take off and landing on the property located at 2601 S. Main be denied. Motion passed 6 to 0. The Commission is submitting this for Council consideration. Sincerely, /s/ Leroy Savoie Chairman, Planning and Zoning Commission LS/EB:pv In a general discussion, it was determined that Mr. Child only verbally agreed to amend his application to exclude the operation of ultralights from that address. Council agreed they would like Mr. Child to submit to them in writing his agreement to amend his application. Mayor Reid advised that this item would be passed this evening and that there will be a Special Meeting of the Council prior to the workshop next Monday night and Mr. Child's application would be on the agenda for consideration. RESO11MON NO. R89-2, RES00TION .AUTHORIZING NANOR AND EACH C01=71MOMER TO EMUTE IlVTER DCAL AGREEMENT BEAM94 CITY AND BRAZORIA COUNTY FOR ASSISTANCE IN CONSTRUCTION, IMPROVEMELV'T, MAINTENANCE AND/OR REPAIR OF GffTAIN STREETS LOCATED WITHIN CORPORATE LIFTS OF CITY OF PEARLAND City Manager Ron Wicker explained that this interlocal agreement was used for the first time last year and was very successful. The agreement allows for the City to provide the paving material and the County will provide the machinery and personnel to recondition certain streets within our corporate City limits. Mr. Wicker ��l mentioned that later in the year Staff will be coming back for Council to prioritize the streets that will be resurfaced as has been done in the past years. Resolution No. R89-2 was read in its entirety by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Resolution No. R89-2 be passed and approved on the first and only reading. Said Resolution No. R89-2 reads in caption as follows: RESOLUTION NO. 889-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR AND EACH COUNCILMEMBER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PEARLAND AND BRAZORIA COUNTY FOR ASSISTANCE IN CONSTRUCTION, IMPROVEMENT, MAINTENANCE, AND/OR REPAIR OF CERTAIN STREETS LOCATED WITHIN CORPORATE LIMITS OF CITY OF PEARLAND. Voting "Aye" - Councilmembers Smith, Tetens, Roberts, Bost and Wolff. Voting "No" - None. Motion passed 5 to 0. Councilmember Roberts commented she would like Council to consider the provision for a pedestrian walkway or rideway along Liberty Drive from Shadybend to the park. Mayor Reid advised that this would be a workshop item. RESOLUTION NO. R89-3, RESOLUTION APPROVING THE RESOLUTION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 4 AUTHORIZING THE ISSUANCE OF ITS SERIES 1989 REFUNDING BONDS; AND AUTHORIZATION FOR THE MAYOR TO EXECUTE THE NECESSARY DOCUMENTS City Manager Ron Wicker explained that City Staff has met with Countryplace repre- sentatives to discuss the possibility of their refunding some bonds. In the Consent Agreement, signed in 1981 for the creation of M.U.D. No. 4, the City Council has the authority to approve or disapprove any issuance of bonds or refunding of bonds for the utility district. My concern, Mr. Wicker said, is that in 1981 the City was looking ahead 15 to 17 years at which time they believed it would be economically feasible to annex CountrypI ace. Now, we are at a point in time where refunding of bonds could considerably delay the possibility of annexation. Mr. Craig Rathmann, Financial Advisor for M.U.D. No. 4, gave a lengthy presentation to Council concerning the proposed refinancing of M.U.D. No. 4's bonded indebtedness, discussing the effects the refunding would have on the residents in Countryplace and his thoughts on the effects it would have on future annexation by the City. Mr. Rathmann described the development of Countryplace and the financial condition of the District over the past years. When questioned by Council, Mr. Rathmann informed that the structure of the transaction for the refunding he is presenting tonight was such that it deferred principal payment for four years. NEETBU 13ECESSED AT 9:17 P. M. 'IDIT 1��• DI 171 • Mr. Frank Ildebrando, the City's Financial Advisor, answered questions from Council concerning this refunding and regarding future annexation of Countryplace, he suggested the earliest time to be eight to ten years. Mr. Ildebrando said he believed that Council has concerns over the structure in which this refunding will take place and recommended that the pattern of debt service might be adjusted so that they can begin paying principal back immediately, instead of waiting four years, all of which would benefit the District as well as the City. Council expressed their agreement for such a procedure. Mr. Rathmann stated they could retire the principal earlier and still accomplish considerable savings for the District and that he could recommend this to the Board of Directors for the District. In order for these recalculations to be worked out, agreed upon and returned to Council for their review, Mayor Reid advised that this item would be passed to the Special Meeting to be held next Monday night. 155 • •u • • •n • •� w i • •, • • City Manager Ron Wicker explained that in order for the City to maintain the certification of our current Warrant Officer/Court Bailiff, this individual need not be under the Police Department but under his own special condition. We can do this by creating a City Marshal position. In Council discussion of this ordinance, the following changes were recommended: In first line of caption, delete the word "position" and insert "office"; after the word "Marshal", de 1 ete all wording down to "estab 1 ishing". In first line of Section 1, delete the word "position" and insert "office". In second line of Section 1, insert a period after "Texas" and delete all the remaining wording down to Section 2. On page 2, first paragraph, in second line, insert a period after "duties" and delete all the remaining wording down to Section 4. Ordinance No. 563 was read in caption by Councilmember Tetens. (First Reading) It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Ordinance No. 563 be passed and approved with the recommended changes on the first of two readings. Said Ordinance No. 563 reads in caption as follows: ORDINANCE NO. 563 AN ORDINANCE CREATING THE OFFICE OF CITY MARSHAL, ESTABLISHING STANDARDS FOR QUALIFICATION OF CITY MARSHAL, PROVIDING FOR SUPERVISION OF THE CITY MARSHAL; DEFINING AND LIMITING THE SCOPE OF THE MARSHAL'S AUTHORITY; CONTAINING A REPEALING CLAUSE, A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE. Voting "Aye" - Councilmembers Wolff, Bost, Roberts, Tetens and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 564, ORDINANCE AUTHORIZING CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO OBTAIN SETTLEMENT OF THE SHERWOOD SHOPPING CENTER CLAIM; AND AUIMRIZATION TO MAKE PAYMENT OUT OF THE STREET DRAINAGE BOND FUNDS City Manager Ron Wicker explained that about four years ago there was a drainage project in and around Sherwood Shopping center. The contractor for the project had to take out some small pipe and put in larger pipe, take it under FM 518 and dump it into major ditch along Barry Rose Road. When they went through the parking lot at the shopping center, they cut some of the underground conduit and wire that served the parking lot lights around the old Handy Dan store. We were notified of this about a year ago by the shopping center owner. At that point, we went back to the contractor and found he was bankrupt. So the liability for paying for this repair on all of these lights falls back on the City. City Attorney Robert Talton advised he will be mailing a letter to the company's lawyer stating that a final release needs to be executed and returned to us before payment will be made. Ordinance No. 564 was read in caption by Councilmember Roberts. (First Reading) It was moved by Councilmember Roberts, seconded by Councilmember Bost, that Ordinance No. 564 be passed and approved on the first of two readings. Said Ordinance No. 564 reads in caption as follows: ORDINANCE NO. 564 AN ORDINANCE AUTHORIZING THE CITY OF PEARLAND TO PAY THE SUM OF $6,278.31 TO SC MANAGEMENT COMPANY, MANAGING AGENT FOR SHERWOOD VILLAGE ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND HER ATTORNEY OF RECORD IN REGARDS TO THE SETTLEMENT OF A CLAIM AND AUTHORIZING THE CITY MANAGER FOR THE CITY OF PEARLAND TO EXECUTE ANY AND ALL NECESSARY DOCUMENTS REGARDING THE STATEMENT. 156 Voting "Aye" - Councilmembers Smith, Tetens, Roberts, Bost and Wolff. Voting "No" - None. Motion passed 5 to 0. ADJOURN The meeting adjourned at 10:20 P. M. Minutes approved as submitted and/or corrected this 13 _ day of Lcti , A. D., 1989. AA Mayor ATTEST: t;�a 44� City Sec terry