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1989-02-27 CITY COUNCIL REGULAR MEETING MINUTES169 MM= OF A RMJLAR MEETUE OF TM CITY C=CIL OF THE CITY OF PEARUM, TEXAS, HEIR ON FEBRUARY 27, 1989, AT 7:30 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAM, 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 Director of Public Works City Secretary � u [�. M �,► :� i � a s �_a � a.t��:\� NSI 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 Police Chief Randy Garner. APPRUVAL OF It was moved by Councilmember Smith, seconded by Councilmember Roberts, that the Minutes of the Regular Meeting of February 13, 1989, be approved as presented. Motion passed 5 to.0. It was moved by Councilmember Bost, seconded by Councilmember Wolff, that the Minutes of the Joint Public Hearing on February 20, 1989, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY F270IRT Mayor Reid reported the contractor for the FM 518 widening has nearly completed work on the portion of 518 from Friendswood to League City. Based on an estimate by the Highway Department, they are looking at a September time frame for completion on the portion within our City. City Manager Ron Wicker added that, as soon as they lay the drainage tile on our section of 518, they will be doing lime stabilization of the subgrade and then pour the concrete. In addition, they are working seven days a week on this project. Mayor Reid recognized students from San Jacinto College government classes who were in the audience. Councilmember Roberts commented on community interest for having a hike and bike trail in Pearland which is being sponsored by funding and money is being collected by Clean Pearland. She would like to recommend some money be budgeted for creating a pedestrian walkway on one side of Liberty Drive, beginning at Shadybend down to the park. This project would involve laying drainage tile in the ditch, covering it with dirt, and then putting in a pathway. It is possible that Clean Pearland could pay some of the cost of the project, Councilmember Roberts said. She added that a lot of the citizens are currently using Liberty Drive as a walkway into the park and a hike and bike trail along that portion of Liberty Drive would be very worthwhile from a safety standpoint. 170 Counci lmember Wolff added that there was considerable discussion about a hike and bike trail at the last Park Board meeting. One thought discussed was the feasibility of putting the walkway between the telephone poles and the fence rather than covering the ditch which was considered to be much safer for pedestrians. Mr. Wolff said he has discussed this with City Manager Wicker and requested him to look into the possibility of acquiring right-of-way or type of easement to construct the trail along this area. Councilmember Wolff informed that Commissioner Roy Martin of the Drainage District will undergo heart bypass surgery tomorrow morning at St. Luke's Hospital. 1. Roy McCoy, 2428 S. San Antonio. Mr. McCoy spoke to Council about his concern over the traffic problem on Highway 35 around Cole's Flea Market on the weekends, including the cars parking on each side of the highway. He said he has contacted Mr. Cole and was told there was nothing that could be done. Mr. McCoy stated he felt it was a very dangerous traffic hazard and he is circulating a petition to obtain signatures of citizens who felt the same way. In addition, he has contacted the Highway Department and was told they needed a written request from the City indicating the need for a traffic light or directional traffic signs. In general discussion, it was mentioned that perhaps an ordinance could be written making the area a tow -away zone or requiring the owner to hire a private police officer to direct the traffic. Mayor Reid instructed City Staff to look into this area of concern and bring back their recommendation to Council. �'II 1 � ��! I1. I� � • �'h /. � IDI /.•II 1 � Mayor Reid advised that at the last Council meeting a citizen made some recommendations and suggested changes to various sections of the text of the Personnel Policies and Procedures. Mayor Reid, at that time, appointed Councilmembers Smith and Roberts to a committee to work with Staff to review these suggested changes and to incorporate the appropriate ones into the Ordinance. Councilmember Smith stated that a large amount of the suggested changes pertained to punctuation and misspelled words. He then presented a step-by-step review of each of the other suggested changes with special emphasis of those that were incorporated into the text. Ordinance No. 456-1 was read in caption by Councilmember Smith. (Second Reading) It was moved by Councilmember Smith, seconded by Councilmember Roberts, that Ordinance No. 456-1 be passed and approved on the second and final 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; CONTAINING CERTAIN DEFINI- TIONS; 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; PRO- VIDING 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 and Bost. Voting "No" - Counc:ilmember Wolff. Motion passed 4 to 1. 171 APPROVAL OF PAY CLASSIFICATION PLAN City Manager Ron Wicker explained that a copy of the pay classification plan had been presented to Council for their review and Staff is recommending approval of this plan with the effective date of March 4, 1989. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that the Pay Classification Plan be approved as presented, to be effective March 4, 1989. Motion passed 5 to 0. City Manager Wicker explained that, subsequent to the last time this was presented to Council, all of the department heads have had an opportunity to review their department's job descriptions and recommend changes. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the Job Descriptions be approved as presented, effective March 4, 1989. Motion passed 5 to 0. Mayor Reid advised that memos from the Sanitation Supervisor and Shop Foreman had been included in the Council packets which stated they were both in ageement to the standardization of parts, training and repair based on a fleet of the same model vehicles; therefore, they recommend the Ford LN -8000. City Manager Ron Wicker commented he felt the key to standardization is that we will be able to keep the trucks on the street. In response to a question by Council, Mr. Wicker advised Staff is recommending Alter- nate A of the bid which is trading in the oldest truck. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Bid No. B89-1 be awarded to Rand Automated Compaction Systems, Inc. for a 1989 Ford LN -8000 with trade-in of 1980 Ford in the amount of $59,977.50 and payment be made from the appropriate funds. Councilmember Wolff questioned where the additional money would be coming from since only $55,000 was budgeted. City Manager Wicker responded that we will have to adjust the monies from within the department. Motion passed 4 to 1. Councilmember Wolff voted against. ORDINANCE NO. 509-13, ORDINANCE APMVDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, PROVIDING FOR 71E CRANM G OF A SPECIFIC USE PERMIT IN A ORAL BUSIlESS DISTRICT FOR ULTRALICHT AIRPLANE SALES, STORAGE, RENTAL AND REPAIR; PANTS, SAIFS AND SERVICE AND CFdXPV I STRUC•TION; AND PROVIDING A PENALTY FOR VIOLATION 7HEREOF Ordinance No. 509-13 was read in caption by Councilmember Tetens. (Second Reading) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Ordinance No. 509-13 be passed and approved on the second and final reading. In a general discussion Councilmember Smith expressed his concern about the wording in the second paragraph of Section II. He said he felt the sentence: "No operation of ultralights in the district" was too broad a statement and needed to be tied in to this particular property. The maker and seconder agreed to include in the motion the addition of the following amendment to the Ordinance: Section II, second paragraph, sentence to read: "No operation of ultralights in the location described herein above, and as described in the Specific Use Permit". Said Ordinance No. 509-13 reads in caption as follows: 172 ORDINANCE M. 509--13 AN ORDINANCE OF THE CITY OF PEARLAND, 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 PUBLICA- TION 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. NEW BUSINESS AWARD OF BID NO. 869-2, TWENTY (20) SELF-CORrAIlNED BREATHING APPAR4 U5 Mayor Reid advised the Fire Chief has requested this item be passed to the next Council meeting. ORDINANCE NO. 499-2, ORDINANCE AMENDING SECTION 1-11 OF THE CODE OF ORDINANCES, TO PROVIDE FOR A GENERAL PENALTY NOT TO EXCEED $500.00 FOR VIOLATIONS OF T[E CODE WHERE A PENALTY IS NOT SPECIFIED, AND A PENALTY NOT TO EXCEED $2,000.00 FOR VIOLATION OF CERTAIN CHAPTERS City Attorney Robert Talton explained that in 1987 this general penalty was changed. A case was tried in Municipal. Court last week in which a person was fined $1500. In reviewing the ordinance, Mr. Talton said, he found that the most the person could have been fined was $500 because the section he had been charged with had been inadvertently left out of our penalty clause. The Judge has since granted a new trial based on this fact. We are now amending the ordinance to include Section 13 (Health and Sanitation). Ordinance No. 499-2 was read in caption by Councilmember Roberts. (First Reading) It was moved by Councilmember Roberts, seconded by Councilmember Bost, that Ordinance No. 499-2 be passed and approved on the first of two readings. Said Ordinance No. 499-2 reads in caption as follows: AN ORDINANCE A114ENDING SECTION 1-11 OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, TO PROVIDE FOR A GENERAL PENALTY NOT TO EXCEED $500.00 FOR VIOLATIONS OF THE CODE WHERE A PENALTY IS NOT SPECIFIED, AND A PENALTY NOT TO EXCEED $2,000.00 FOR VIOLATION OF ANY OF TIS PROVISIONS OF CHAPTER 6 (ANIMALS AND FOWL), 10 (FIRE PREVENTION AND PROTECTION), 11 (FOOD AND FOOD HANDLERS), 13 (HEALTH AND SANITATION), AND 16 (MASSAGE ESTABLISHMENTS) OF THE CITY CODE OF ORDINANCES FOR WHICH NO SPECIFIC PENALTY IS PROVIDED; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Smith, Tetens, Roberts, Bost and Wolff. Voting "No" - None. Motion passed 5 to 0. FINAL PAYMENT FOR INSITUFORM GULF SOUTH City Manager Ron Wicker explained we normally hold 10% of the contract cost for thirty days after the work has been completed. It has now been over 30 days and the project is done and working very well. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that final payment for Insituform Gulf South for cleaning, televising and lining of approximately 470 feet of sanitary sewer line on Walnut Street in the amount of $2,982.15 be approved and payment made from the appropriate funds. Motion passed 5 to 0. 173 RESOLUTION NO. R89-7, RESOLUTION AMENDING RESOLUTION NO. R89-1 AMID THE AGREEMENT THEREIN ADOPTED BY AMID BETWEEN 71E CITY OF PEARLAND AMID 71E CITY OF FRIENDSWOOD FOR THE PROVISION OF WATER AND SEWER SERVICE, AMENDING PARAGRAPH VII - DEBT SERVICE REQUIREMENTS City Manager Ron Wicker explained this Resolution revises the wording in Section VII of the agreement between the two cities to reflect in the Debt Service Requirements that the City of Friendswood had refinanced Water and Sewer Bonds in August, 1986. Resolution No. R89-7 was read in its entirety by Councilmember Bost. It was moved by Councilmember Bost, seconded by Councilmember Wolff, that Resolution No. R89-7 be passed and approved on the first and only reading. Said Resolution No. R89-7 reads in caption as follows: RESOLUTION NO. R89-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDTNG RESOLUTION NO. R89-1 AND THE AGREEMENT THEREIN ADOPTED BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF FRIENDSWOOD FOR THE PROVISION OF WATER AND SEWER SERVICE, AMENDING PARAGRAPH VII - DEBT SERVICE REQUIREMENTS. Voting "Aye" - Councilmembers Wolff, Bost, Roberts, Tetens and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 565, ORDINANCE RELATING TO RATE INCREASE REQUEST BY HOUSTON LICA URG AND POWER COMPANY Ordinance No. 565 was read in caption by Councilmember Wolff. (First Reading) It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Ordinance r� No. 565 be passed and approved on the first of two readings. Said Ordinance No. 565 reads in caption as follows: AN ORDINANCE RELATING TO RATES TO BE CHARGED BY HOUSTON LIGHTING AND POWER COMPANY FOR ELECTRIC UTILITY SERVICE WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, TEXAS; CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A REPEALER AND FOR SEVERABILITY. Voting "Aye" - Councilmembers Smith, Tetens, Roberts, Bost and Wolff. Voting "No" - None. Motion passed 5 to 0. WAIVING THE FTSE FOR A VARIANCE FROM THE ZONING BOARD OF ADJUSTMENT AND APPEAL FUR NONNY WALKER Subsequent to Mr. Walker's appearance before Council last meeting, City Manager Ron Wicker explained, he met with Mr. Walker and advised him he still needed to go before the Zoning Board of Adjustment and Appeals for a variance to build a fence on his property located on the corner of McGinnis and Dixie Farm Road. Mr. Walker has made application to the Board and paid the $250.00 fee. I told him, Mr. Wicker said, that because it was a fence and because all of the neighbors had fences along there, I would ask the City Council to consider the possibility of waiving the $250.00 fee for his application before the Zoning Board of Adjustment and Appeals. It was moved by Councilmember Smith, seconded by Councilmember Roberts, that the City refund the $250.00 fee that Mr. Walker has paid so that the Council is thereby waiving the fee for the Zoning Board of Adjustment and Appeals. Motion passed 5 to 0. The meeting adjourned at 8:34 P. M. 174 Minutes approved as submitted and/or corrected this A. D., 1989. ATTEST: City Setretary _A3 day of Mayor