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1989-03-13 CITY COUNCIL REGULAR MEETING MINUTES175 MINUTES OF A R URM MEETING OF THE CITY COUWIL OF THE CITY OF PEARIAMID, TEXAS, HELD ON MARCH 13, 1989, AT 7:30 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARTAND, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem Stella Roberts Councilmember Councilmember Councilmember City Manager City Attorney Assistant City Manager Director of Public Works City Secretary William Wolff James Bost Richard Tetens Ronald J. Wicker Robert Talton Donald Birkner. William Thomasset Kay Krouse Absent from the meeting: Councilmember David Smith INVOCMON AMID PLEDGE OF ALLEGIANCE The, invocation was given by Scout Leader Joe Fowler, Troop 680. The Posting of Colors and the Pledge of Allegiance was led by Scouts of Troop 680. APPROVAL OF MINUTES It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that the Minutes of the Regular Meeting of February 27, 1989, be approved as presented. Motion passed 4 to 0. NAYM I S ACTIVITY REPORT Mayor Reid reported that some of the scouts in Troop 680 are working on their Eagle Scout badges and he praised the leadership these boys have in the troop. Mayor Reid issued a proclamation proclaiming March 12 -18, 1989, as Girl Scout Week in Pearland in honor of their 77th anniversary. Members of a local Girl Scout troop accepted the proclamation. Mayor Reid issued a proclamation proclaiming April 17, 1989, as ARC Golf Tournament Day in Pearland. Accepting the proclamation were representatives of the Association for Retarded Citizens, Unit 1688. Mayor Reid spoke of the launch today of the Shuttle Discovery and explained some of the purposes of this mission. COUNCIL ACTIVITY REPORTS Councilmember Roberts reported that last week she attended the opening of the Southwyck golf course and club facility. In addition, Councilmember Roberts reported, she took part in judging a poster contest involving 7th and 8th graders participating in a "Don't Mess with Texas" programa The judges ended up awarding about thirty honorable mentions because these kids, Councilmember Roberts said, have fantastic ideas. This art work will be placed in some of the local merchant's establishments this week. Councilmember Wolff requested a progress report on the water tank in Green Tee. City Manager Ron Wicker responded that the contractor for the project has extended the line from the previously terminated line to the site; the ring has been poured; and they have made the curb radiuses for the road back to the site. Hopefully, they will begin construction of the tank itself within the next 30 days, Mr. Wicker said. 176 Councilmember Wolff questioned the status of the feasibility of making consolidation of space within the City Hall and possibly letting the third floor of this building become available for rental. City Manager Wicker responded that he has met with one realtor and received a proposal on what he thought the building could be leased for and what type of clientele could lease the building. The realtor informed we could possibly get 60¢ to 75¢ for rental of space. In looking at the feasibility of the City vacating, totally, the third floor, Mr. Wicker advised, it was determined this would not be very practicable. Because of the functional aspects of the Administrative offices which include a complete law library, and a fire -proof vault in the Finance Department constructed specifically for the financial operation, Mr. Wicker said, Staff would not recommend leasing out the total third floor but possibly lease the unoccupied half of this floor. We will continue to work with a realtor, Mr. Wicker said, with the thought in mind of leasing space to another governmental agency. /,�1• la•{al• • '4 City Manager Wicker pointed out that at a previous workshop the Council heard a presentation by Mr. Richard Wiltz of the Houston -Galveston Area Council concerning Texas Capital Fund and other economic development funding available for businesses wishing to expand or new businesses wishing to come into the City. The Texas Capital Fund makes funds available for jobs created within the community, and at the present time, Mr. Wicker said, there is a potential prospect that may be interested in relocating into the City of Pearland and they are looking at the Texas Capital Fund as a funding source. It is necessary for us to schedule two public hearings. At the first hearing, scheduled for March 23, the Texas Capital Fund grant program will be explained. At the second hearing, scheduled for March 30, the prospective applicant will explain what the company will be doing and why they wou 1 d like to apply for these funds. Following that, at the April 10 City Council meeting, Staff will be submitting for Council approval this loan application which would be a loan from the State of Texas to the business. The City involvement would be in the monitoring of the project, making sure adequate paper records are kept and seeing that the company actually creates jobs in the community. Mr. Wicker also reported that, subsequent to the last Council meeting at which a citizen complained about the traffic problems around Cole's Flea Market on the weekends, City Staff has met and will continue to work on solving these problems. Hopefully, in the near future, the Staff will bring to Council a recommendation as to what action needs to be taken. Mayor Reid advised that Mr. Nonny Walker said he would not be present this evening but would sign to appear at a future Council meeting. L Iz190hI &VVO4Z.11.41 No . Council reviewed the following bids: LV -1--7, 1J 11 -)I 1 : • II 11 SAFETY ENGINEERING & SUPPLY COMPANY $ 22,558.00 SCOTT DOOLEY TACKABERRY 21,200.00 RANGER VALLEN SAFETY SUPPLY COMPANY 22,485.00 X SCOTT Fire Chief Larry Steed reported his department has completed testing of the equipment of the two low bidders, Dooley Tackaberry and Vallen. Even though both units basically meet specs, the design of the Ranger is not compatible with the head gear 177 they are now using which was inadvertently not written into the specs. Therefore, Mr. Steed said, the department is requesting Council award the bid to the second low bidder, Vallen, for the Scott units. City Attorney Robert Talton advised that, as specified in the Local Government Code, the City is required to notify the low bidder of the proposed award and give them opportunity to appear before Council. It was suggested this be done in writing, by certified mail. In Council discussion, it was pointed out that half of the funding for these units will be paid by money from the Fire Department donations. Mayor Reid advised this bid will be referred back to Staff for the necessary action to be taken and placed on a future agenda for Council consideration. 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 THE COCE *ME A PENALTY IS NOT SPECIFIED, AND A PENALTY NOT TO EXCEED $2,000.00 FOR VIOLATION OF CERTAIN CHAPTERS Ordinance No. 499-2 was read in caption by Councilmember Tetens. (Second Reading) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Ordinance No. 499-2 be passed and approved on the second and final reading. Said Ordinance No. 499-2 reads in caption as follows: ORDINANCE NO. 499-2 AN ORDINANCE AMENDING 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 THE 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 AMID AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Tetens, Roberts, Bost and Wolff. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 565, ORDINANCE RELATING TO RAZE 7Tr.RFA.SF_ REW]EST BY HMTON LIG MG AND POWER COMPANY Ordinance No. 565 was read in caption by Councilmember Roberts. (Second Reading) It was moved by Councilmember Roberts, seconded by Councilmember Bost, that Ordinance No. 565 be passed and approved on the second and final reading. Said Ordinance No. 565 reads in caption as follows: ORDINANCE NO. 565 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 Wolff, Bost, Roberts and Tetens. Voting "No" - None. Motion passed 4 to 0. NEW BUSINESS REQUEST BY DAVID RUNYON, INLAND GEOPHYSICAL SERVICES, INC. FOR PERMIT TO CONDUCT SERAPH ZTSTIWx INSIDE THE CITY LIMITS OF PEARLANID 178 Because Mr. Runyon was not present, Mayor Reid advised this item would be passed to a future agenda. MEETING ASID AT 8:23 P. M. City Manager Ron Wicker explained Staff has met with a potential buyer of Nasawood Subdivision which is located in the extreme east end of the City. This subdivision was developed several years ago but was never accepted by the City. By running a Hardy Cross study which analyzes the water system, it was determined the one eight - inch water line serving the subdivision is now inadequate for fire protection in that area. Staff feels the best approach is to run out to Rustic Lane with an 8" line, going west down to Westfield Lane. We have spoken to the potential buyer about this matter and advised him the City had, on previous occasions, provided the labor if the developer would provide the necessary materials. We believe, Mr. Wicker said, this would not only help the developer but would be an advantage to the City to have a loop system out there to serve more of the city limits than is presently served. It was moved by Councilmember Bost, seconded by Councilmember Wolff, that Staff be authorized to work with the developers of Nasawood Subdivision on the water line extension down Rustic Lane to Westfield Lane. Motion passed 4 to 0. RESOLUTION NO. R89-8, RESOLUTION URGING THE TEXAS LEGISLATURE TO PASS AN APPROPRIATION BILL FOR T[E ISSUANCE AND USE OF STATE PARTICIPATION FUNDS City Manager Ron Wicker explained this resolution was placed on the agenda at the request of Al Lentz, the City's representative to the Brazos Bend Water Authority. In 1985 a statewide plan authorizing $400 million in Water Development Bonds was created but there was no provision made whereby agencies could make loans. This resolution, Mr. Wicker said, asks the Texas Legislature to pass an appropriation bill for the issuance and use of these funds. Resolution No. R89-8 was read in its entirety by Councilmember Bost. It was moved by Councilmember Bost, seconded by Councilmember Wolff, that Resolution No. R89-8 be passed and approved on the first and only reading. Said Resolution No. R89-8 reads in caption as follows: A RESOLUTION BY THE CITY OF PEARLAND, TEXAS, URGING THE TEXAS LEGISLATURE TO PASS AN APPROPRIATION BILL FOR THE ISSUANCE AND USE OF STATE PARTICIPA- TION FUNDS. Voting "Aye" - Councilmembers Wolff, Bost, Roberts and Tetens. Voting "No" - None. Motion passed 4 to 0. RESOLUTION NO. 889-9, RESOLUTION AUIMMIZI G MAYOR TO E 1ECUTE INTERLOCAL. AGREEMENT WITH HOUSTON-GALVESTON AREA COUNCIL FOR COOPERATIVE P[kGHASE THROUGH H -GAC OF VARIOUS RADIO E I ENT FOR. THE PEARLAND FIRE DEPART City Manager Ron Wicker explained the Fire Department has recently obtained a license for a new frequency of operation, 450 megacycles. They would like to purchase some hand-held radios and pagers which will work on this new frequency and they believe the most economical way is through an interlocal agreement with H -GAC. They would like to spend up to $25,000 of their own funds for this purchase. When questioned by Council, it was pointed out that the Fire Department will maintain the 46.14, which is the Brazoria County frequency, in the trucks and the other frequency would be used as inter -departmental communication. Resolution No. R89-9 was read in its entirety by Councilmember Wolff. 179 It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Resolution No. R89-9 be passed and approved on the first and only reading. Said Resolution No. R89-9 reads in caption as follows: r4 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF VARIOUS RADIO EQUIPMENT FOR THE PEARLAPID FIRE DEPARTMENT. Voting "Aye" - Councilmembers Tetens, Roberts, Bost and Wolff. Voting "No" - None. Motion passed 4 to 0. CHANGE IN ORS OF BUSINESS OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:45 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 RE1LAMED TO OPEN SESSION AT 9:23 P. M. Mayor Reid read the following items which were discussed in Executive Session and signed a certification to the effect: UNDER SUBSECTION (g) PERSONNEL - (1) Council discussed with City Staff the retirement of a City employee; in addition, the ramifications of Item No. 5 under New Business; (2) Council discussed appointment of three members to the Planning & Zoning Commission for a three-year term; (3) Council discussed appointment of five members to the Zoning Board of Adjustment and Appeals for a two-year term; and (4) Council discussed the appointment of City Health Authority for a two-year term. NEW BUSINESS (Continued) ORDINANCE NO. 450-4, ORDDWM RE7CLASSIF M G ME NUMBER OF PERSONS WITHIN ME POLICE DEPARTMENT City Manager Ron Wicker reported the Police Chief has recommended a reduction in the number of sergeants from five to four and adding an additional patrolman, making that number 21. The Ordinance needs to be amended to read: 21 patrolmen; 4 sergeants, 4 lieutenants and 1 captain. Ordinance No. 450-4 was read in caption by Councilmember Tetens. (First Reading) It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Ordinance No. 450-4 be passed and approved on the first of two readings with the amendment being made under the number of authorized positions to read: 21 patrolmen. Said Ordinance No. 450-4 reads in caption as follows: �-- AN ORDINANCE AMENDING ORDINANCE NO. 450 OF THE CITY OF PEARI.,AAID, 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 CON- TAINING OTHER PROVISIONS RELATING TO THE SUBJECT THEREOF. Voting "Aye" - Councilmembers Tetens, Roberts, Bost and Wolff. Voting "No" - None. Motion passed 4 to 0. 180 66.1 The meeting adjoumed at 9:26 P. M. Minutes approved as submitted and/or corrected this , day of A. D., 1989. yor ATTEST: City Se tart'