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1989-02-13 CITY COUNCIL REGULAR MEETING MINUTES159 MIAIU'1 M OF A RECU7M M=M OF THE CITY COUNCIL OF THE CITY OF PEARLAM, TEXAS, HELD ON FEBRUARY 13, 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 David Smith Councilmember Richard Tetens Councilmember William Wolff Councilmember James Bost City Manager Ronald J. Wicker City Attorney Robert Talton Assistant City Manager Donald Birkner Director of Public Works William Thomasset City Secretary Kay Krouse The invocation was given by Rev. Bamett, Pearland Tabernacle Church. The Pledge of Allegiance was led by Councilmember Richard Tetens. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the Minutes of the Regular Meeting of January 23, 1989, be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that the Minutes of the Special Meeting of January 30, 1989, be approved as submitted. Motion passed 4 to 0. Councilmember Bost abstained. MkYOR'S ACTIVITY REPORT Mayor Reid issued a proclamation proclaiming the month of February as National Heart Month in Pearland. Accepting this proclamation were two board members of the area's Heart Association, Councilmember Stella Roberts and Mr. Joe Rusciano. COUNCIL ACTIVITY QTS Councilmsmber Roberts reported she attended a reception for Ethel Owens last week and presented her with a proclamation issued by Mayor Reid. The proclamation recognized the efforts of Mrs. Owens who has repaired many flags for the City over the years. Councilmember Wolff reported that last Saturday was his day at City Hall and he visited with several citizens who came by. In addition, Councilmember Wolff stated that several individuals have recently expressed their concerns that the City is seemingly not trying to purchase items of equal quality and value on the local scene but rather going out of the area for this. Mr. Wolff informed that Mr. David Coffee, a Pearland resident employed by Alvin Equipment Company, was present at the meeting tonight and has expressed to him his great dissatisfaction over the City Staff's selection of a truck chassis for a garbage truck. Mr. Wolff asked that Mr. Coffee be permitted to address Council before consideration of the award of the bid for a garbage truck this evening. Mayor Reid suggested waiting until this action item is before Council. City Manager Ron Wicker reported he had attended a Legislative update workshop with T.M.L. in Austin today. Approximately 800 people throughout the State were in attendance to hear of the bills that were coming before the Legislature. T.M.L. will support, on behalf of all Texas cities, some of the bills while opposing others. Some bills will take a wait and see approach on their outcome. We will be keeping the Council informed on these matters as the information becomes available, Mr. Wicker said. 1"W_ASI. 1. Juanita Sisneros, Representing Pearland Little League. Mrs. Vivian Williams, speaking in Mrs. Sisneros' behalf, requested Council approval of the proposed parade route for the Pearland Little League's opening day ceremonies on April 8, 1989. Mrs. Williams presented Council with a copy of the proposed route along with a memo from Lt. James Templin of the Police Department who concurred with the plan. The parade participants will. line up on Mykawa and proceed westbound on West Broadway. They would like to extend the parade route to Harkey Road instead of Hatfield Road as originally planned, Mrs. Williams said. SIL DECISION ON PARADE ROME RR PEARLAND LIT IE LEAGUE ON APRIL 8, 1989 Council -member Smith expressed his concern for emergency vehicles getting through the parade route, if need be, along that stretch of West Broadway between Hatfield.and Harkey. Mayor Reid recommended that the police staff make some contingency planning for this particular concern. It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Council approve the parade route, as proposed by the Pearland Little League, for April 8, 1989. Motion passed 5 to 0. CITIZENS (Continued) 2. Nonny Y. Walker, 2418 Dixie Farm Road. Mr. Walker appeared before Council with a request for Council to grant him a waiver from the zoning ordinance to allow him to build a fence in his front yard along his property line. The ordinance requires it to be built 35 feet back from the property line. Mr. Walker said he lives on the corner of Dixie Farm Road and McGinnis Drive and proposes to build, for security reasons, a 5 foot cyclone fence similar to the other fences in the area that are bui 1 t on the property 1 ine. City Manager Ron Wicker explained the neighboring fences were all built before the Ordinance came into effect and that they were all non -conforming. City Staff has advised Mr. Walker he could make application for a variance to the Zoning Board of Adjustment and pay a $250 filing fee. Mayor Reid advised he would review this matter with City Staff to see if there are any other alternatives that can be taken and Mr. Walker would be advised of the conclusion. 3. S. C. Jankowski, 3412 Windsor. Mr. Jankowski appeared before Council with questions about several items relating to Employee Personnel Ordinance No. 456-1. He presented to the Mayor a marked copy of Personnel Rules and Regulations in which he questioned or suggested changes to various sections of the text. DO W Dk 02 %JJ.1I Vil1 h • - LD1 09 W 1 ki ION W44 D4W 04 OWN sjrig]�, Le J►IQI1►1 ;!: I D 1A I. IN111LI-1D. 161 •�� 1 is ais I• DI•fi1 1 D PRO: Zi M Mayor Reid appointed Councilmembers Smith and Roberts to a committee to work with City Staff to review the suggestions made by Mr. Jankowski for possible inclusion into the Personnel Ordinance, Rules and Regulations. In Council discussion, it was brought out that since this ordinance has been in review for quite some time, it would be prudent to have the first reading tonight. Then, if any changes are needed, this can be accomplished before the second and final reading of the ordinance. Ordinance No. 456-1 was read in caption by Councilmember Smith. (First Reading) It was moved by Councilmember Smith, seconded by Councilmember Roberts, that Ordinance No. 456-1 be passed and approved on the first of two readings, in line with the suggestion that Council workshop any additional changes between now and the next reading. Said Ordinance No. 456-1 reads in caption as follows: ORDINANCE NO. 456-1 AN ORDINANCE ESTABLISHING CERTAIN PERSONNEL POLICIES AND PROCEDURES FOR EMPLOYEES OF THE CITY OF PEARLAND; DEFINING BASIC OBJECTIVES; CONTAIN- ING CERTAIN DEFINITIONS; PROVIDING PROCEDURES FOR EMPLOYMENT AND SEPARATION; PROVIDING FOR A PROBATION PERIOD; PROVIDING FOR A WAGE AND SALARY ADMINISTRATION; PROVIDING STANDARDS OF WORK ATTENDANCE AND LEAVE; ESTABLISHING WORKING RELATIONSHIPS; ESTABLISHING A CONDUCT AND DISCIPLINE PROCEDURE; CONTAINING GENERAL PROVISIONS; CONTAINING A DISABILITY BENEFIT PLAN; CONTAINING A SEXUAL HARASSMENT POLICY; PROVID- ING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND `OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Smith, Tetens, Roberts, Bost and Wolff. Voting "Noy' - None. Motion passed 5 to 0. ORDINANCE NO. 563, ORDINANCE CREATING THE POSITION OF CITY MARSHAL Ordinance No. 563 was read in caption by Councilmember Tetens. (Second Reading) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Ordinance No. 563 be passed and approved on the second and final reading. Said Ordinance No. 563 reads in caption as follows: IAN W 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 AVIIiltIZIM nE CITY MANAGER TO EXECUTE ME NECESSARY DOCUMENTS TO OBTAIN SETTLEMENT OF THE SHERWOOD SHOPPING CENTER CLAIM; AND AUTHORIZATION TO MAKE PAYMM OUT OF THE STREET DRAINAGE BOND FUNDS Ordinance No. 564 was read in caption by Councilmember Roberts. (Second Reading) It was moved by Councilmember Roberts, seconded by Councilmember Bost, that Ordinance No. 564 be passed and approved on the second and final reading and payment be made from the appropriate fund. Said Ordinance No. 564 reads in caption as follows: t62 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 SETTLE. Voting "Aye" - Councilmembers Smith, Tetens, Roberts, Bost and Wolff. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS ( Continued ) PRESENTATION OF AUDIT FOR FISCAL YEAR ENDED SEPTEMBER 30, 1988, BY EARL LAIRSON & COMPANY, CERTIFIED PUBLIC ACC 1ANPS Mr. Earl Lairson of Earl Lairson & Company presented the Annual Financial Report for the Fiscal Year ended September 30, 1988. Mr. Lairson reviewed with Council the highlights of this report. ACCEPTANCE OF AUDIT INTO RECORDS OF THE CITY It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Council accept the Audit report for 1988 into the records of the City. Motion passed 5 to 0. APPOINTMENT OF TWO QRS TO ET EL=CAL BOARD FOR A 2 -YEAR TERM It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Council reappoint Charles Michna and Robert Kettle to the Electrical Board for a two year term. Motion passed 5 to 0. APPOIN MM OF TWO MEMBERS TO LIBRARY BOARD FUR A 3 -YEAR TERM It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Council reappoint David Beckman and Nancy Sallee for a three year term on the Library Board. Motion passed 5 to 0. RE90I1NION NO. R89-4, RESOLUTION PROVIDING FOR APPROVAL OF AGREENRENT BETWEEN THE CITY AND THE STATE OF TEXAS FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNAL AT THE FOLLOWING LOCATION: F.M. 518 AND MC LEAN ROAD City Manager Ron Wicker explained that some time ago, at the request of Councilmember Wolff, City Staff asked the Highway Department to consider doing a traffic engineering investigation to see if a traffic signal was warranted at the intersection of F. M. 518 and McLean Road. We have heard back from the State and according to their study, a traffic signal is warranted at that location. Mr. Wicker informed that, if the agreement is approved by Council, when the State begins work on this project, any additional right-of-way, relocation of utilities and drainage work needed will be at the City's expense. We do have some funds in the Street Bond Funds which would cover this expense. In addition to the study made at this intersection, Mr. Wicker said, the State also investigated all the traffic signal locations along F. M. 518 from Highway 35 to the West city limit line and they intend to update these traffic signals. Resolution No. R89-4 was read in its entirety by Councilmember Bost. It was moved by Councilmember Bost, seconded by Councilmember Wolff, that Resolution No. R89-4 be passed and approved on the first and only reading. Councilmember Smith questioned what the estimated cost would be for the City's part in this project. City Manager Ron Wicker responded that, at this time, we do not have an estimated 163 cost for the City to participate in this project. Said Resolution No. R89-4 reads in caption as follows: A RESOLUTION PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED FEBRUARY 13, 1989, BETWEEN THE STATE OF TEXAS AND THE CITY OF PEARLAND, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS/ILLUMINATION AT THE LOCATION SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT AMID PROVIDING AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Tetens, Roberts, Bost and Wolff. Voting "No" - Councilmember Smith. Motion passed 4 to 1. RESOLUTION NO. R89-5, RESOLUTION AMID ORDER OF THE CITY COUNCIL AUTHORIZING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON THE SIXTH DAY OF NAY, 1989, FOR THE PURPOSE OF ELECTING TWO MEMBERS OF THE CITY COUNCIL, POSITION NO. 1 AND NO. 5, AMID FSTABLISf IING PROCEDURES FOR SAID ELECTION Resolution No. R89-5 was read in its entirety by Councilmember Wolff and Councilmember Bost. It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Resolution No. R89-5 be passed and approved on the first and only reading, with correction being made to the misspelling of the word "voting" on page 2, fourth paragraph, third line. Said Resolution No. R89-5 reads in caption as follows: RESOLUTION NO. 889-5 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PMU AND, TEXAS, ORDERING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON THE SIXTH DAY OF MAY, 1989, FOR THE PURPOSE OF ELECTING TWO MEMBERS 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 Wolff, Bost, Roberts, Tetens and Smith. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. 889-6, RESOLUTION APPOINTING PM1SONS TO SERVE AT THE CENTRAL COUNTING STATION FOR THE NAY 6, 1989, CITY OFFICERS' EIECCTION Resolution No. R89-6 was read in its entirety by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Roberts, that Resolution No. R89-6 be passed and approved on the first and only reading. Said Resolution No. R89-6 reads in caption as follows: 14*101rIAGROI; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION, BRAZORIA COUNTY COURTHOUSE, ANGLETON, TEXAS, FOR THE REGULAR CITY OFFICERS' ELECTION TO BE HELD ON THE SIXTH DAY OF MAY, 1989. Voting "Aye" - Councilmembers Smith, Tetens, Roberts, Bost and Wolff. Voting "No" - None. Motion passed 5 to 0. 164 BID NO. B89-1, ONE (1) SIlE-LOADIM COK41ERCIAL REFUSE TRUCK Council reviewed the following bids: VENDOR BRAND/N3DEL PRICE DELIVERY DATE ALTERNATE ALTERNATE MEE'T'S A B SPECS TEXAS MUNICIPAL TRUCK & EQUIP- 1989 FORD MENT COMPANY LN -8000 $68,875.00 160-180 DAYS $66,875.00 - - - NO RAND AUTOMATED COMPACTION 1989 FORD SYSTEMS, INC. LN -8000 $62,977.50 120-165 DAYS $59,977.50 $47,977.50 YES RAND AUTOMATED COMPACTION 1989 SYSTEMS, INC. INTERNATIONAL $62,977.50 120-165 DAYS $59,977.50 $47,977.50 YES City Manager Ron Wicker explained the purchase of this commercial refuse truck is a budgeted item and the new one will replace the used one we purchased when we started the operation of using a side -loading truck to pick up commercial dmpsters. Only two firms responded to our bid. Texas Municipal Truck & Equipment Company did not meet specs. Rand Automated Compaction Systems, Inc. submitted one bid for a 1989 Ford LN -8000 and one bid for a 1989 International, both for the same price. In checking with City Staff, it was determined that we are having problems periodically getting parts for Internationals. We have mostly Fords now and this would standardize the fleet. It is Staff's recommendation, Mr. Wicker said, that the bid be awarded to Rand Automated Compaction Systems, Inc. for the 1989 Ford LN -8000 using Alternate A which is trade-in of a gasoline powered truck. Mayor Reid advised, according to Council procedures, a vote needed to be taken giving permission for David Coffee to speak before Council since he was not on the agenda for this evening. It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that David Coffee be permitted to speak to Council. Motion passed 5 to 0. David Coffee, Alvin Equipment Company, explained his company's local business. The Rand Automated Compaction Systems, Inc.'s bid for the International truck would be coming from his company. He named the features of the truck and stated he believed the International would be the best bid. In addition, Mr. Coffee said that International parts are readily available. In Council discussion it was agreed this item needed further review. Mayor Reid advised that decision on this item would be passed to the next regular agenda. INVOICE DATED JANUARY 23, 1989, BRAZOS BEND WATER AUTHORITY, IN THE AMOUNT OF $28,963.41 It was moved by Councilmember Wolff, seconded by Councilmember Bost, that invoice dated January 23, 1989, Brazos Bend Water Authority, for the 1989 Debt Service payment, as per regional service agreement between Brazos Bend Water Authority and City of Pearland, in the amount of $28,963.41 be approved and payment made from the appropriate funds. Motion passed 5 to 0. ORDINANCE NO. 509-13, ORDINANCE AMENDING, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, PRDVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT IN A GENERAL BUSINESS DISTRICT FOR ULTRALSGHT AIRPLANE SALES, STORAGE, RENTAL AND REPAIR; PARTS, SALES AND SERVICE AND GROUND INSTRUCTION; AND PROVIDING A PENALTY FOR VIOLATION THERROF Ordinance No. 509-13 was read in caption by Councilmember Tetens. (First Reading) 165 It was moved by.Councilmember Tetens, seconded by Councilmember Roberts, that Ordinance No. 509-13 be passed and approved on the first of two readings. Said Ordinance No. 509-13 reads in caption as follows: ORDINANCE NO. 509-13 AN ORDINANCE OF THE CITY OF PEARLAM, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT IN A GENERAL BUSINESS (GB) DISTRICT FOR ULTRALIGHT AIRPLANE SALES, STORAGE, RENTAL AND REPAIR; PARTS, SALES AND SERVICE AND GROUND INSTRUCTION; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Wolff, Bost, Roberts, Tetens and Smith. Voting "No" - None. Motion passed 5 to 0. APPRUVAL OF NA14M NEW PLAYG 020 IN PARKVIEW SUBDIVISION THE AARON PASTERNAK PARK Councilmember Wolff fondly mentioned the various contributions Aaron Pasternak made to the City in his lifetime. It was moved by Councilmember Wolff, seconded by Councilmember Smith, that the play- ground on Parkview Drive be named in honor of Aaron Pasternak, Friend of the City of Pearland, and that a sign indicating that be placed at the park. Motion passed 5 to 0. Councilmember Wolff suggested an official ceremony be held at the naming of the park. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 10:08 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. MEETING RETURN® TO OPEN SESSION AT 10:52 P. M. - NO ACTION TAKEN. Mayor Reid signed a certification to the effect and read the following items which were discussed in Executive Session: UNDER SUBSECTION (e) LEGAL - Council heard an update by the City Attorney of pending litigation. UNDER SUBSECTION (g) PERSONNEL - Council discussed the retirement of a City employee. ADJOURN The meeting adjourned at 10:53 P. M. Minutes approved as submitted and/or corrected this oe i day of , A. D., 1989. Mayor ATTEST: City Sec tary