1989-05-22 CITY COUNCIL REGULAR MEETING MINUTES213
MMM OF A REMAR MEETING OF THE CITY CODICIL OF THE CITY OF PEART,AM, TEXAS, HID
ON MAY 22, 1989, AT 7:30 P. M. IN THE CITY HALL, 3519 LILY DRIVE, PEARLAM, TEXAS
The meeting was called to order with the following present:
Mayor
Tom Reid
Councilmember/Mayor Pro Tem William Wolff
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
James Bost
D. A. Miller, Jr.
Richard Tetens
David Smith
Ronald J. Wicker
Robert Talton
Kay Krouse
The Invocation was given by Councilmember Richard Tetens. The Pledge of Allegiance
was led by City Secretary Kay Krouse.
It was moved by Councilmember Tetens, seconded by Councilmember Bost, that the
Minutes of the Regular Meeting of May 8, 1989, be approved with the following
correction: On Minute Page 206, second item under Unfinished Business should be
inserted to reflect Council action on ratification of Waiver of Zoning Board of
Adjustment fee for Nonny Walker.
Motion passed 5 to 0.
It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the
Minutes of the Special Meeting of May 15, 1989, be approved as presented.
Motion passed 5 to 0.
MAYOR'S ACTIVITY
Mayor Reid issued a proclamation proclaiming June 1, 1989, as Project Graduation in
Pearland. Accepting the proclamation were K. T. Niland, Senior Class President and
James Quinton, Student Council President.
Connie O'Day, P. T. A. Council President, presented to Chief of Police Randy Garner
an honorary Lifetime Membership Award which is the highest honor bestowed by the
Texas P. T. A. Chief Garner was so honored because of his many efforts over the
years in working with the children and the community.
Councilmember Miller reported that two weeks ago he attended the Parks Board meeting
and he was favorably impressed with the board members and the fine job they are
doing.
Councilmember Miller requested from the City Manager a copy of the following items in
time for the May 25 workshop: 1) list of all City department heads along with the
appropriate job descriptions; 2) the current Sign Ordinance, and 3) City of Pearland
Employee Manual.
Councilmember Miller requested of the City Attorney, by the next regular Council
meeting, a list of all the lawsuits the City is currently involved in and an update
on each.
In addition, Councilmember Miller requested the City Manager to look into Ordinance
No. 215 that was passed by the City some 18 years ago and which he believes is still
in effect. This Ordinance, Councilmember Miller said, prohibits the existence of
214,
landfills within the City of Pearland and its extraterritorial jurisdiction. He
asked for this information before May 25.
Councilmember Wolff questioned the status of the traffic signal at Walnut and Hwy 35.
City Manager Ron Wicker informed that he has contacted the State concerning this
intersection and also the intersection of McLean and FM 518. The State advised they
are working on the signal light at McLean and FM 518 and they have in design the
split phasing of the light at Walnut and Hwy 35. As soon as they are ready they will
notify us.
Councilmember Smith questioned the status of the street light requested by Mrs. Adams
on Nottingham, off Old Alvin Road, and advised that the owners were ready to give an
easement for this light to be put in.
City Manager Wicker responded that he will notify Houston Lighting & Power to prepare
the necessary easement papers.
Councilmember Bost requested a listing before budget time of the cost by the month of
the current City Attorney contract compared to the cost for the previous full-time
City Attorney.
01VOU146w, $;;4k.?
City Manager Ron Wicker reported that City crews in the Parks Department have
completed the installation of playground equipment and benches as well as installing
the sign at the Aaron Pasternak Memorial Park. It is now ready for the dedication
ceremonies.
Councilmember Wolff informed that a stone memorial will also be installed at the park
and he will advise Council when this is completed.
City Manager Wicker also reported that the Green Tee water tank and booster pump
project is very near completion. The contractor has been performing water testing on
the tank and, hopefully, it will be put on line by the end of the week.
CITIZENS
1. Mrs. Jack Farmer, 3416 Shadycrest. Mrs. Farmer recounted to Council the details
of an incident that happened at the polling place on the evening of May 6, 1989,
involving herself, a candidate and a supporter of the candidate in which she was
questioned about taking something out of the polling place. In her prepared
statement, Mrs. Farmer stated she did not illegally take anything out of the
polling place that evening and that this incident was very disturbing to her.
2. Jack Farmer, 3416 Shadycrest. Mr. Farmer stated that he has been working
elections for many years and, until recently, was never the object of unjust
allegations. Mr. Farmer informed Council that, because of this incident
involving his wife, he would no longer be available to serve as election judge
for City elections.
DOCKETED PUBLIC HEARINGS - None
L1NFIl�IISf�
BUSINESS
REQUEST BY DAVID RUNYON OF IN" GE)OFfMICAL SERVICES, INC. FOR PERMIT TO C0KX]CT
SEISMOGRAPH TESTING WITHIN THE CITY LIlKCTS OF PEARLAND
Mayor Reid advised this item would be passed to a future agenda.
SECOND READING OF ORDINANCE NO. 567, ORDINANCE PROVIDING FOR RESTRICTION OF PAMCM
UPON CERTAIN STREETS AND HIGHWAYS IN THE CITY OF PEARLAND, AND PROVIDING FOR A
PENALTY FOR THE VIOLATION THEREOF. LOCATION - NORTH MAIN (HIGHWAY 35)
Ordinance No. 567 was read in caption by Councilmember Smith. (Second Reading)
It was moved by Councilmember Smith, seconded by Councilmember Bost, that Ordinance
No. 567 be passed and approved on the second and final reading.
Said Ordinance No. 567 reads in caption as follows:
215
OR D0NCE M. 567
AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR THE RESTRICTION OF
PARKING UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE
CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; AND
PROVIDING A PENALTY OF A FINE NOT LESS THAN $1.00 AND NOT TO EXCEED $500.00
FOR THE VIOLATION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens and Miller.
Voting "No" - None.
Motion passed 5 to 0.
City Manager Ron Wicker explained that, subsequent to the last meeting, he talked to
Fred Poe, City Manager of Midland and a Steering Committee member and also to Don
Butler of Butler Casstevens concerning the intervention in the Southwestern Bell Rate
Case. Mr. Wicker said he felt it was important to point out that the Public Utility
Commission first informed the cities that Southwestern Bell had overcharged some $93
million. When Southwestern Bell submitted their first response to the P.U.C., their
preliminary estimate was $24 million. The consortium of cities, participating in this
rate case are unsure what the actual figures will prove to be. After the P.U.C.
questioned the overcharging, Southwestern Bell initiated the Texas First Plan. This
plan is a means of allowing them to keep the monies they have overcharged their
customers and reinvest them in the overall system. In the past, Mr. Wicker said, we
have joined with other cities served by Southwestern Bell in intervening in the
proposed rate cases, and it has proven successful in keeping the rates as low as
possible -for our citizens. At no cost to our City, Staff is again recommending
intervening with the other cities in supporting the action taken by the P.U.C.
Walt Lackey, District Manager of Southwestern Bell, spoke to Council and informed
that the Texas First Plan is a plan that has taken many months to formulate and is,
basically, a long -teen economic development plan for the entire State. Mr. Lackey
gave a detailed description of the Plan. He stated the Texas First is not a rate
case; the overcharging question is a separate issue; and he asked that Council not
oppose this Plan.
In general Council discussion, it was brought out that by joining the consortium of
cities the City of Pearland would not be endorsing the Texas First Plan since the
P.U.C. has decided to look at both issues at the same time.
It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Council
delay action on this item until September or whenever the P.U.C. has made a decision
on the rate overcharge issue.
Motion passed 4 to 1. Councilmember Bost voted against.
RESOLUTION NO. R89-16, A RESOLUTION OF THANKS TO STELLA ROBERTS FOR THE UNSELFISH
CONTRIBUTION OF HER TDD AND TALE I! IN HER TERM ON THE CITY COUNCIL
Mayor Reid read Resolution No. R89-16 in its entirety.
It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Resolution
No. R89-16 be passed and approved on the first and only reading.:
Said Resolution No. R89-16 is a Resolution of Thanks for the service and contribution
to the City of Councilmember Stella Roberts.
Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens and Miller.
Voting "No" - None.
Motion passed 5 to 0.
Mayor Reid presented the Resolution and plaque from the City Council to Stella
Roberts, in addition to her Council portrait.
216
AWARD OF BID W. 889-4, ONE -TON CAB AMID CHASSIS
DI / 1 ' :. • I 1:1 D9 1 D� DI' 1 Y Y 04 A*' Y 4 I DI `1 • D
iI 1A) DM5 1
RON-CARTER CHEV 1989 CHEV $13,023.05 60-90 DAYS $12,373.05 NO
RON-CARTER FORD 1989 FORD $13,059.40 60-90 DAYS $12,409.40 YES
City Manager Ron Wicker informed that Staff was recommending award of bid to Ron -
Carter Ford for the 1989 Ford, meeting specs. Mr. Wicker said it was anticipated
that the City could get more money by auctioning off the 1979 Chevrolet instead of
trading it in.
It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Council
award Bid No. B89-4, One -Ton Cab and Chassis, to Ron -Carter Ford in the amount of
$13,059.40, meeting the specifications of the Water and Sewer Department.
Motion passed 5 to 0.
ESTIMATE NO. 3, LANG & SON, INC., FOR CONSTRUCTION OF GREEN TEE WATER STORAGE &
BOOSTER PUMP STATION IN THE AM7W OF $25,722.00
It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Estimate
No. 3, Long & Son, Inc., for construction of Green Tee Water storage and booster pump
station be approved in the amount of $25,722.00 and payment made from the appropriate
funds.
Motion passed 5 to 0.
APPROVAL OF PRIORITY LISTING FOR STREET PAVING FOR 1989
City Manager Ron Wicker presented the following priority list of 13 streets through-
out the City that the Public Works Department has identified as needing resurfacing:
1. Sleepy Hollow - from Woodcreek to Crane
2. Woodcreek - from Washington Irving to Crane
3. Rayburn Lane - from Dixie Fane to dead end
4. Dixie Farm - from FM 518, north to concrete
5. Willits - from Dixie Farm to dead end
6. McGinnis - from Dixie Farm to Sleepy Hollow
7. Robert - from Knapp to Robinson
8. Nancy - from Knapp to Robinson
9. Union Valley - from Robinson to end of cul-de-sac
10. Park - from FM 518 to Plum
11. E. Orange - from Hwy 35 east to dead end
12. E. Walnut - from Hwy 35 to FM 518 east
13. Woody - from FM 518 to Orange
As in the past, Mr. Wicker said, we will be working with the County, using County
labor and equipment with the City providing the paving material. This proposed list
is approximately five miles of roadway which can be resurfaced for approximately
$142,645.00. We budgeted $175,000.00 for street maintenance, Mr. Wicker said, and
the remaining Hands could be used for other street rebuilding.
It was moved by Councilmember Bost, seconded by Councilmember Smith, that Council
accept the presented list as a working list for the Resurfacing Program for 1989.
Motion passed 5 to 0.
Mayor Reid suggested that Councilmembers Wolff and Smith check with Commissioner
Billy Joe Plaster about the possibility of the County participating in some other
street program with the City.
217
RESOLUTION _NO. R89-17, RESOLUTION AUT1101RIZING MAYOR TO EMUTE INTERLACAL Air
WITH HOUSTON-GALVESTON AREA COUNCIL FOR COOPERATIVE PURCHASE THROUGH H -GAC OF
CCW4UNICATIONS EQUIPMENT FUR THE PEARLAN D VOLUNTEER FIRE DEPARTBIENP
City Manager Ron Wicker explained that the Fire Department was converting to their
new frequencies and would like to purchase some additional radio equipment through H -
GAC Interlocal Purchase Agreement. They would like to purchase this equipment with
their own funds and may ask Council to later reimburse them or to consider, in the
upcoming Budget, funds for some additional items.
Resolution No. R89-17 was read in its entirety by Councilmember Miller.
It was moved by Councilmember Miller, seconded by Councilmember Wolff; that
Resolution No. R89-17 be passed and approved on the first and only reading.
Said Resolution No. R89-17 reads in caption as follows:
RESOL UIMONU NO. 889-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH HOUSTON-3ALVESTON AREA COUNCIL FOR
PURCHASE OF COMMUNICATIONS EQUIPMENT FOR THE PEARLAND VOLUNTEER FIRE DEPARTMENT.
Voting "Aye" - Councilmembers Miller, Tetens, Wolff, Smith and Bost.
Voting "No" - None.
Motion passed 5 to 0.
MEETING RECESSED TO EXECUTIVE SESSION AT 9:13 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 10:37 P. M. - NO P=ONU TAKEN
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 City policies and personnel; 2)
Discussion with City Staff concerning Police Department Reorganization; and 3)
Discussion with City Staff concerning personnel vacancies.
1. 4: �;+►
The meeting adjourned at 10:38 P. M.
Minutes approved as submitted and/or corrected this day of
A. D., 1989.
ATTEST:
City Se tary