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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