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1989-03-27 CITY COUNCIL REGULAR MEETING MINUTES182 OF A HH7GIJIAR M WM G OF 7tE CITY CMEIL OF TtE CITY OF PEM"m, 7EXAS, HELD ON MARCH 27, 1989, AT 7:30 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PF.ARLAND, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Mayor Pro Tem/Councilmember Stella Roberts Councilmember Councilmember Councilmember Councilmember City Manager City Attorney Public Works Director City Secretary 11�►L•_ . , M •,W ; ►i1 G 01 Q'1_!! • W.1 0 0 Oi. : ► !l� David Smith Richard Tetens James Bost William Wolff Ronald J. Wicker Robert Talton William Thomasset Kay Krouse The invocation was given by Councilmember James Bost. The Pledge of Allegiance was led by Councilmember William Wolff. It was moved by Councilmember Bost, seconded by Councilmember Wolff, that the Minutes of the Regular Meeting of March 13, 1989, be approved as presented. Motion passed 4 to 0. Councilmember Smith abstained. NAYORIS ACTIVITY REPORT Mayor Reid advised that a Public Hearing was held by the Council last Thursday evening for the purpose of conveying information on potential business opportunities and the methods whereby we can obtain them. As a statutory requirement, another Public Hearing will be held on March 30. Mayor Reid informed he had represented the City last Thursday evening at a reception in honor of Bob Lanier, past Chairman of the Texas Highway Commission and current head of the Harris County Mass Transit Authority. The reception was hosted by the Harris County Southeast Economic Development Commission and area Mayors and Chamber of Commerce members were in attendance. Mayor Reid presented a proclamation to Mr. Lanier on behalf of the City. Councilmember Smith invited everyone to the E.M.S. annual barbecue and auction to be held on April 7 in the Commmity Center. Councilmember Smith requested the issue of the Capital Recovery Fees, enacted by Resolution No. R88-30, be put on the next Council agenda. The six months waiver of fees comes up on April 10, 1989, Councilmember Smith said, and he would like for Council to discuss this issue. Mayor Reid agreed this item will be placed on the next Council agenda. Councilmember Tetens questioned the intended finished elevation of F.M. 518 compared to the existing elevation. He said he had concerns as it appears to be too low and F.M. 518 is the only access out of town during flooding conditions. City Manager Ron Wicker responded that at the beginning the Council had requested the State design the road so that the elevation of the center line would not be any lower than what is currently there. The State enlisted the services of Walsh Engineering and in the design process, problems were encountered with the associated drainage so 188 the elevation has been lowered to some degree. It is his understanding, Mr. Wicker said, it will be about 9 inches to 1 foot lower than the existing center line elevation. Mr. Wicker added what it appears to be now will not be the finished elevation because they will bring it back up in the paving process. Mayor Reid requested City Staff to continue monitoring this situation. Councilmember Roberts informed that this coming Friday evening there will be a reception for the Adopt -A -Spot participants at the Community Center. Also, that evening a spaghetti dinner will be held at the Lion's Club with proceeds going to the Hike and Bike Trail organization. Then on Saturday, Texas Trash Off Day will be conducted with a citywide cleanup. There has been a tremendous amount of people who want to participate this year and with the amount of youngsters who have volunteered, Councilmember Roberts said, there is a real need for adult supervisors. Any adult who would like to supervise some of these young people should contact Patty Bates, Clean Pearland Coordinator. Councilmember Wolff questioned the status of the possibility of putting in a hike and bike trail on property back of the power lines along Liberty Drive, between Shadybend and the park. City Manager Ron Wicker responded he has asked the Engineering Department to look into the design of a sidewalk for that area. There appears to be sufficient rift -of -way there adjacent to the fences along Liberty Drive on the east side. There are some telephone lines in the area but it should not be a problem to put in a 5 foot walkway. Councilmember Wolff informed that the Park Board had requested looking into the possibility of a foot bridge on the downstream side of the park bridge. He has con- tacted Lloyd Yost, Superintendent of the Drainage District, and expects to hear something shortly. Mayor Reid recognized from the audience several students from a Government Class at San Jacinto College. City Manager Ron Wicker reported that beginning today, tomorrow and Wednesday, there will be delegations of city officials and members of the various Chambers from Brazoria County in Austin for Brazoria County Day at the Legislature. Everyone will have an opportunity to go to the House and Senate and be recognized from Brazoria County and also be able to meet with respective legislators there. This is a very important event, Mr. Wicker said, and is beneficial both to the County and to the City. Mr. Wicker reported the City has received the four new police cars ordered from Ron - Carter Chevrolet. They will be outfitted and made street ready as soon as possible. City Manager Wicker informed that Carl Montrosse, an employee in the Water Accounting Department, was recently nominated for Customer Service Professional of the Year through the Texas Water Utility Association. He did receive an award for being runner-up in the State. Mr. Wicker displayed the award Carl has received and stated he was very proud of the achievement of this outstanding employee. •'11 IDI1. � I.101 IN I:1A1•rs • � 1 11 1 • 11 ♦1 I 1 1. 1:' w INN 1 Y �I •i It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Council appoint Al Lentz, Leroy Savoie and Clyde Starns to an additional three year term on the Planning and Zoning Commission. Motion passed 5 to 0. Mayor Reid administered the Oath of Office to Al Lentz. Al Lentz, the City's representative to the Brazos Bend Water Authority, announced that in the near future another Public Hearing will be held concerning the activities of the Brazos Bend Water Authority and it will be an important meeting. Mr. Lentz stated the cities will be notified of the date of the Hearing and he invited everyone to attend. T1 0 d. O APPOINPNIIV'T OF FIVE MEMW AND Faki ALTERNATES TO THE ZONING BOARD OF ADJUSTMENT Fit A TWO YEAR TERM It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Nick Boyko, Hank Clore, Pat Eilers, E. A. Wasek and Max White be appointed to an additional two year term on the Zoning Board of Adjustment and that Bertram Balzer, Bruce Foster, Joe Fowler and James Sudela be appointed as alternates for an additional two year term. Motion passed 5 to 0. APPOINTMENT OF CITY HEALTH AU`!'F MITY FUR A TWO YEAR TERM It was moved by Councilmember Wolff, seconded by Councilmember Smith, that Dr. David Armbruster be reappointed as City Health Authority for a two year term beginning April 18, 1989 through April 18, 1991. Motion passed 5 to 0. CITIZENS Mr. Nonny Walker, 2428 Dixie Farm Road was not present at the meeting. DOCS PUBLIC HEARINGS: None iII�'IlVISEII� BUSINESS AWARD OF BID NO. 869-2, TWENTY (20) SELF-CONTAINED BREATEMU APPARATUS City Manager Ron Wicker explained that subsequent to the last Council meeting, a certified letter from the Fire Chief was sent to the apparent low bidder, Dooley Tackaberry, notifying them the Fire Department was recommending Council award the bid to Vallen Safety Supply Company for Scott units. City Attorney Robert Talton advised that the City has fulfilled the requirements of the Local Government Code. It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Bid No. B89-2 be awarded to Vallen Safety Supply Company for the lump sum of $22,485.00 and '~ payment made from the appropriate funds. City Manager Wicker explained the Fire Department will be paying one-half of this amount out of their own funds and the City will be paying the other half. Motion passed 5 to 0. ORDINANCE NO. 4504, ORDINANCE IMI.ASSIFYM THE NUMBER OF PEFMW WITHIN THE POLICE DEPARTMENT Ordinance No. 450-4 was read in caption by Councilmember Wolff. (Second Reading) It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Ordinance No. 450-4 be passed and approved on the second and final reading. Said Ordinance No. 450-4 reads in caption as follows: AN ORDINANCE AMENDING ORDINANCE NO. 450 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 CON- TAINING OTHER PROVISIONS RELATING TO THE SUBJECT THEREOF. Voting "Aye" - Councilmembers Wolff, Bost, Roberts, Tetens and Smith. Voting "No" - None. Motion passed 5 to 0. 185 NEW BUSINESS (CONTINUED) E 0JSED ABSENCE CE Fffit COUNCILMENEER DAVID SMITH FROM THE REGULAR MEETING HELD ON MARCH 13, 1989 It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Councilmember David Smith be excused from the Regular Meeting held on March 13, 1989, due to illness. Motion passed 4 to 0. Councilmember Smith abstained. RESOLUTION NO. R89-10, RESOLUTION AUTHORIZING DONATION OF A TRACT OF LAND AND AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN ANY AND ALL DOCUMENTS NECESSARY TO CARRY OUT THIS DONATION (TRIANGLE PROPERTY HELD BY EISIE O'CONNELL - IDCA`ED COIR OF WALNUT, MC LEAN AND FM 518) City Attorney Robert Talton explained the paper work for this donation of land took about six months to finalize. We have now received a Special Warranty Deed of which the title company will give us a title insurance policy on. The Special Warranty Deed was prepared because the donation is from a guardian, a bank in Florida. Resolution No. R89-10 was read in its entirety by Councilmember Bost. It was moved by Councilmember Bost, seconded by Councilmember Roberts, that Resolution No. R89-10 be passed and approved on the first and only reading. Said Resolution No. R89-10 reads in caption as follows: RE90IITrI�i NO. 889-10 A RESOLUTION AUTHORIZING THE DONATION OF A TRACT OF LAND, AS HEREINAFTER DESCRIBED IN AN ATTACHED DEED FROM THE FIRST NATIONAL BANK, PALM BEACH, FLORIDA, DIVISION OF SOUTHEAST BANKS, AS GUARDIAN OF THE ESTATE OF ELSIE VIRGINIA STOUT O'CONNELL; AND AUTHORIZING THE MAYOR AND THE CITY MANAGER TO SIGN ANY AND ALL DOCUMENTS NECESSARY TO CARRY OUT THIS DONATION. Voting "Aye" - Councilmembers Smith, Tetens, Roberts, Bost and Wolff. Voting "No" - None.. Motion passed 5 to 0. Councilmember Roberts read from a letter she had received from Mr. Vic Coppinger of West Side Bank in which he stated that the bank is committed, with permission of the City, to work with other businesses in the area in developing a landscape plan to beautify this triangular tract of land. Councilmember Roberts stated that Clean Pearland is very interested in participating in this beautification project. APPROVAL OF INVOICES IANC & SON, INC. It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that Estimate No. 1, Long & Son, Inc., for construction of Green Tee Water Storage and Booster Pump Station, in the amount of $27,279.00, be approved and payment made from the appropriate funds. Motion passed 5 to 0. DAVID WIGHT COMPANY, INC. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Estimate No. 1, David Wight Construction Company, Inc., for construction of reinforced concrete conflict boxes on F.M. 518, in the amount of $15,527.00, be approved and payment made from the appropriate funds. Motion passed 5 to 0. ORDINANCE NO. 566, ORDINANCE AUTiDEtIZIIG THE EXECUTION OF A CONTRACT BY AND EETWEEN 7M CITY AND EARL LADiSM AND COMPANY, a=n= PUBLIC ACCMUANTS, TO EXANDE THE FINANCIAL STAT EMU OF THE VARIOUS RPM FUR THE YEAR ENDING SEPTENBER 30, 1989 Ordinance No. 566 was read in caption by Councilmember Roberts. (First Reading) IT -On It was moved by Councilmember Roberts, seconded by Councilmember Tetens, that Ordinance No. 566 be passed and approved on the first of two readings. Said Ordinance No. 566 reads in caption as follows: 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 EARL LAIRSON AND COMPANY, CERTIFIED PUBLIC ACCOUNTANTS, AND THE CITY OF PEARLAND, TEXAS. Voting "Aye" - Councilmembers Wolff, Bost, Roberts, Tetens and Smith. Voting "No" - None. Motion passed 5 to 0. ESBUIIDIlW. PERMIT FEES FUR HIGR SCHOOL; AMID A MEFUZATION FUR EXI'II�IDITURE OF FUNDS FOR PLAN REVIEW OF HIGH SCHOOL BY THE SOUTHERN BUILDING CODE CONGRESS TTat'F'NATIONAL City Manager Ron Wicker explained that the Building Inspection Department is now operating short of two people, one of those being the plans examiner. In looking over the set of plans for the new high school, this is possibly the most complicated set of plans the City has ever had to review, with anticipation of eventually inspecting. For Council's information, Mr. Wicker said, we have tried to work with the School in the past and, in most cases, we have charged them one-half of the regular permit fee. In this particular case, the permit fee alone was going to be over $22,000. There are provisions in the Southern Building Code Congress International whereby they will, fora fee, review your plans and specifications. Basically, for the City's liability benefit, we need to make sure we have everything correct and meeting all codes. Staff does not feel, at this time, that we have the time and personnel available to review these plans. The Southern Building Code Congress has estimated around $12,000 to review these plans. Basically, the Staff would like to recommend charging the School District one-half of the building permit fee to cover the cost of our inspections, plus the cost of the review of plans by the Southern Building Code Congress International. Staff needs guidance from Council if they feel we should proceed along different lines in this matter. In a general Council discussion questions were raised concerning whether the Southern Building Code Congress is willing to accept liability in their review of the plans and whether the architect for the school has made provisions for a resident inspector for the project. Council also felt we need to be assured the plans are adequately checked out. Mayor Reid requested that the City Manager contact the Southern Building Code Congress and School Superintendent Preston Bullard regarding these questions and advised that this item will be passed to a future agenda. RECEIVE INTO RECORDS RECOMMENDATIONS FROM THE PLANNING AND ZONING COMMISSION MEARDING AM MMENTS TO ORDINANCE NO. 509, LAND USE AMID URBAN DEVVEIDPNW ORDDW=, AMID OFFICIAL ZONING MAP Mayor Reid read into the records of the City the following letter from the Chairman of the Planning and Zoning Commission concerning the Joint Public Hearing held on February 20, 1989: March 17, 1989 Honorable Mayor and_Councilmembers City Hall Pearland, Texas 77581 Dear Members: At their regular meeting held on March 14, 1989, the Commission considered the following amendments to Ordinance No. 509: 1. Amendment of minimum parking area requirements for typical parking angles 187 from the required 10' stall width to 9' width. 2. Rezone Green Tee Subdivision Townhouse Reserve, Blocks 3, 7, and 1/2 of 8, Section I and 1/2 of Block 8, Section II from R-3 to R-4. 3. Rezone Corrigan Subdivision, Sections 1-5, from R-4 to R-2. 4. Rezone Willowick Subdivision from R-4 to R-2. 5. Rezone Springfield Subdivision from R-3 to R-2. 6. Zone Sherwood Subdivision (No zone indicated) to R-2. It was moved by Benny Frank, seconded by Helen Beckman, that these items be approved and recommendation be made to Council to amend Ordinance No. 509 accordingly. Motion passed 6 to 0. This is submitted for your consideration. Sincerely yours, /s/ Leroy Savoie, Chairman Planning & Zoning Commission LS/EB:pv It was moved by Councilmember Bost, seconded by Councilmember Roberts, that the recommendation from the Planning & Zoning Commission regarding amendments to Ordinance No. 509, Land Use and Urban Development Ordinance and Official Zoning Map be received into the records of the City. Motion passed 4 to 1. Councilmember Smith voted against. INSTRUCTION TO CITY ATTORNEY TO PREPARE NECESSARY ORDINANCE(S) FOR AMENDMENTS TO ORDINANCE NO. 509, LAND USE AND URBAN DEVELOPMEW ORDDMM, AMID OFFICIAL ZONING MAP It was moved by Councilmember Tetens, seconded by Councilmember Roberts, that the City Attorney prepare the necessary ordinance for amendment to Ordinance No. 509 concerning the parking width and corrections to the Official Zoning Map. Motion passed 4.to 1. Councilmember Smith voted against. RECEIVE INTO RECORDS RECOMMENDATIONS FROM THE PLANNING AND ZONING COMMISSION RDGARDIlW. CMM TO THE PROPOSED AMENDMENTS TO SECTION 22 OF ORDINANCE NO. 509, SIGN REGULATIONS Mayor Reid read into the records of the City the following letter from the Chairman of the Planning and Zoning Commission: March 17, 1989 Honorable Mayor and Councilmembers City Hall Pearland, Texas 77581 Dear Members: At their regular meeting held on March 14, 1989, the Commission made the following changes to the proposed amendments to the Sign Ordinance: Section 22-1 (4) (n) No permit shall be required for the following signs - to read as follows: Banners and decorations erected announcing civic, patriotic events and/or seasonal ce 1 ebrations and for any other purpose shall not remain for more than fourteen (14) days nor shall they be used for more than four (4) events per year. 188 Section 22-3 (1) Measurements - to read as follows: The area of any sign shall be deemed to be the sum of the area of each sign face, including cutouts. Section 22-3 (2) Measurements - to read as follows: Maximum sign height shall be measured from the highest point on the sign to the elevation of the center line of the street measured perpendicular to the sign. Section 22-4 (1) Height restrictions - to read as follows: No free standing sign shall exceed thirty (30) feet above the elevation of the center line of street measured perpendicular to the sign. Section 22-7 (4) Portable signs - to read as follows: Signs shall be secured in such a manner as to keep them upright and in place while in use. Section 22-16 (2) Sign registration - add as follows: Signs which do not conform to this ordinance but which lawfully existed and were maintained on the effective date of this ordinance ( ) shall, within eight (8) years after the effective date of this ordinance, be removed or made to conform within one hundred eighty (180) days after the effective date of this ordinance. Section 22-17 (1) Builder/Subdivision signs - to read as follows: One builder/subdivision sign may be located at the main entrance of any new subdivision. Two (2) additional subdivision directional signs may be located off-site at appropriate locations. Section 22-17 (3) Builder/Subdivision signs - to read as follows: The maximum area of a subdivision directional sign shall not exceed 50 square feet. It was moved by Al Lentz, seconded by Benny Frank, that the above changes to the amendments proposed by the Sign Ordinance Review Committee be approved and recommen- dation be made to Council to amend Ordinance No. 509-A, Section 22, Sign Ordinance, accordingly. Motion passed 6 to 0. The Commission is submitting this for your consideration. Sincerely yours, /s/ Leroy Savoie, Chairman Planning & Zoning Commission LS, /EB:pv It was moved by Councilmember Bost, seconded by Councilmember Roberts, that the recommendation from the Planning & Zoning Commission regarding changes to the proposed amendments to Section 22 of Ordinance No. 509, Sign Regulations be received into the records of the City. Motion passed 4 to 1. Councilmember Smith voted against. AUTHORIZATION FOR STATE CONTRACTOR TO CLOSE WESTPEXISTER FOR AN APPRO)OXNEE Mayor Reid read from a letter addressed to Bill Thomasset, Public Works Director, from Dennis O'Geary, Project Manager for Abrams, the contractor for F.M. 518 widening. In the letter, Mr. O'Geary stated they propose to close Westminister to through traffic during the construction of the intersection of Westminister and F.M. 518 for approximately three weeks. They feel this would easily expedite the construction of the intersection. 189 City Manager Ron Wicker said Staff was in agreement that this method would cut the construction time in half for this intersection. In general Council discussion some concerns were expressed about businesses along that area. Councilmember Bost questioned whether other intersections will be affected the same way and he said he felt this should be a problem resolved by the State. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that the State contractor be authorized to close Westminister for an approximate three week period during pavement construction. Motion passed 4 to 1. Councilmember Bost voted against. c• a►�• a o-. �, �;• •�a�• �• �, r.• , . On information obtained from Public Works Director Bill Thomasset, Mayor Reid advised that this item is withdrawn from the agenda. OTBER BUSINESS MELTING RECESSED TO EXECUTIVE SESSION AT 9:12 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. NE.ETIFG RETURNED TO OPEN SESSION AT 9:39 P. M. - NO ACTION TAKEN' Mayor Reid read the following item which was discussed in Executive Session and signed a certification to the effect: UNDER SUBSECTION (g) PERSONNEL - Council discussed with City Staff the retirement of a City employee. ADJOURN The meeting adjourned at 9:40 P. M. Minutes approved as submitted and/or corrected this day of _G A. D., 1989. ATTEST: J City Sec terry