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1989-06-12 CITY COUNCIL REGULAR MEETING MINUTESI• MI1 OF A REMM NEETIlW. OF THE CITY CMEIL OF THE CITY OF PEARLAND, TEXAS, HEID ON JiIlNE 12, 1989, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, 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 David Smith James Bost Richard Tetens D. A. Miller, Jr. Ronald J. Wicker Robert Talton Kay Krouse The Invocation was given by Councilmember James Bost. The Pledge of Allegiance was led by Ray Blaylock, Coordinator of Emergency Management. APPROVAL OF MINU'IT:S It was moved by Councilmember Bost, seconded by Councilmember Smith, that the Minutes of the Regular Meeting of May 22, 1989, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid proclaimed the week of June 19-25 as Amateur Radio Week in Pearland. Ron Craig, President and Ron Wicker, Vice President of the Pearland Amateur Radio Club accepted the proclamation. Mr. Wicker informed that there will be Amateur Radio Field Day at Independence Park on June 24 and 25 at which time the Pearland Amateur Radio Club will be trying to operate for a 24-hour period in preparation for emergency type conditions. Anyone interested in amateur radios is invited to attend. Ray Blaylock, Coordinator of Emergency Management for the City of Pearland, spoke on hurricane preparedness and commented on the cycle of hurricanes since the 1940's which has struck the United States. Mr. Blaylock stated that there are hazards other than hurricanes and informed that an updated Emergency Operating Plan is currently in review and will be presented to Council in the near future. Paul George, President of Clean Pearland, commented on the outstanding support given by many Pearland citizens to the Clean Pearland Program, and the "City pride" in receiving the $50,000 landscaping grant by winning the Governor's Award in the Keep Texas Beautiful Program. Fran Coppinger gave a report on the benefits to the City from the Clean Pearland Program since the latter part of 1984 and presented copies of the report to Council along with copies of the Clean Pearland 1989 Keep Texas Beautiful Governor's Community Achievement Award Application. Patty Bates, Clean Pearland Coordinator, gave a slide presentation showing the different aspects of the Clean Pearland Program. Kitty Hajecate extended an invitation to all Pearland residents to join The Light- house in Friendswood on Labor Day weekend for events designed for the entire family. All benefits will go to the Muscular Dystrophy Association. MEETING PI=SED AT 8:34 P. M. 219 Councilmember Bost informed that Clean Pearland was in the process of obtaining a compactor for the Recycling Center and he would like to request the City to provide the electrical connection for the compactor. Councilmember Wolff recommended that the tape recorder used in the taping of the Council meetings be either repaired or replaced. Councilmember Wolff questioned the City Manager on the status of the split phase r- signal light at Walnut and Hwy 35. City Manager Wicker responded he has been informed by the State that they are working on the phasing diagrams and in the near future they will be scheduling a crew to come out and install this signal. Councilmember Wolff reported the stone marker for the Pasternak Park is ready and that Councilmember Smith has agreed to work with the Parks Department crew to do concrete form work for a suitable setting of the stone. Councilmember Wolff reported that, as part of the Hike and Bike Trail plan proposed by the Parks Board, he would like to request that the City Manager and the City Attorney do whatever is needed in seeing that the circle road in the park be made for one-way traffic around the park. City Manager Ron Wicker said he has turned this request over to the Public Works personnel to design the one -quay street and have the proper ordinance drafted. Councilmember Wolff further informed that the Parks Board, in their discussion con- cerning the Hike and Bike Trail, presented the concept of beginning construction of this trail on the easterly side along Liberty Drive, starting at Shadybend, going down to the entrance of the Park, going across into the Park, around the walkway, with this being the initial Hike and Bike Trail. Later on, the trail could possibly be expanded to going along Mary's Creek to Old Alvin Road and along Mary's Creek into the Shadycrest area. In conclusion, Councilmember Wolff said he understood the water tank in Green Tee was nearing completion and he felt there needed to be a written memo from the Fire Chief stating that, with this new water tank, water pressure in this area is no longer a problem. Councilmember Miller reported he had recently attended a meeting as a member of the Airport Committee. This committee consists of people from Pearland, Friendswood. and Alvin who are looking into the feasibility of the acquisition of Clover Field for the use and benefit of these cities. A grant has been approved and money is available to go forth on this feasibility study. Councilmember Miller also reported he had attended two Clean Pearland functions in regards to the Governor's Award and said he was very pleased with their accomplish- ments. Councilmember Miller informed he has received requests from a City employee and a City employee group regarding retirement benefits or the lack thereof and he would like to discuss these matters with the City Manager and the City Attorney this Wednesday, along with a request from some area businesses regarding the operations of city services and whether they are actually being included in this framework. Councilmember Miller said he would also like to discuss with the City Manager and the City Attorney the City of Pearland Ordinance No. 215 which has been in effect for the last 18 years. This ordinance prohibits landfills within the city limits and our extraterritorial jurisdiction. Councilmember Miller stated that there is currently a landfill operating in the area which has been approved by the State Health Depart- ment. This application is being appealed and Councilmember Miller said he believes the City needs to exercise its options in this matter. City Manager Ron Wicker reported a third water sample test will be conducted on the Green Tee Water tank and, passing that, it wi 11 be put into operation. Mr. Wicker stated he feels the contractor for the project has done a very good job. City Manager Wicker also reported, effective today, City Hall has put into operation an Automated Attendant, a telephone answering device, which will direct calls upon a touch tone indication by the caller. We believe this will provide citizens quicker access to the departments they are calling, Mr. Wicker said. 220 1. Mrs. Jack Farmer, 3416 Shadycrest. Mayor Reid informed that Mrs. Farmer would not be appearing tonight. 2. Tom Alexander, 3208 Nottingham. Mr. Alexander gave a brief history of the development of the City over the years. He remarked that capital improvement projects were financed by bonds and that we need growth to help pay for what we have borrowed. We need to encourage subdividers to come into the City; this can not be done by charging capital recovery fees, Mr. Alexander said. In the past, the City offered incentives by offering to give the tap fees back to the sub- divider. In addition, Mr. Alexander stated that the Council needs to look at the requirements of the Subdivision Ordinance, especially as it pertains to developing a 5-10 acre tract of land. He said he feels the requirements are unfair to such a landowner. CITY ACCEPTANCE OF WE$7.'VdOOD VILLAGE, SECTION I, STREETS, WATER. SYSTEM, SANITARY SE. M SYSTEM AND DRAINAGE Mayor Reid advised this item would be passed until after Executive Session. NEW BUSINESS RESOLUTION NO. R89-18, RESOLUTION AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE TO APPLY TO GOVERNOR'S CRIMINAL, JUSTICE DIVISION FOR. GRANT FUNDS FOR A THREE COUNTY AREA DRUG TASK FORCE FOCUSING ON DAG Assistant Chief of Police Jay Chapman informed Council that this Resolution would allow the Pearland Police Department to join with the Police Departments of Friendswood and Alvin in applying to the State for a joint grant for a narcotic task force to operate within the three -county area. One requirement with this grant is that we fund part of the narcotics "buy money" which amounts to $500 per agency. Resolution No. R89-18 was read in its entirety by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Bost, that Resolution No. R89-18 be passed and approved on the first and only reading. Said Resolution No. R89-18 reads in caption as follows: RESOLUTION NO. R89-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE TO APPLY TO THE GOVERNOR'S CRIMINAL JUSTICE DIVISION FOR GRANT FUNDS FOR A THREE COUNTY AREA DRUG TASK FORCE FOCUSING ON DRUG ENFORCEMENT. Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 509-14, ORDINANCE APUTDIDG LAND USE AMID URBAN DEVELOPMENT ORDINANCE AND AMENDING THE LAND USE DISTRICT MAP; APPLICATION NO. 12, CITY OF PEARIAND, AGENT; ZONE CHANGES ON THE FOLLOWING PROPERTY: GREEN TEE SUBDIVISION TO USE AVE, BLACKS 3, 7 AND 1/2 OF 8, SECTION I AND 1/2 OF BLACK 8, SECTION II FROM R-3 TO R-4; CORRIGAN SUBDIVISION, SECTIONS 1-5 FROM R-4 TO R-2; WILLOWICK SUBDIVISION FROM R-4 TO R-2; SPRINGFIELD SUBDIVISION FROM R-3 TO R-2; AND SHERWOOD SUBDIVISION - NO ZONE INDICATED TO R-2 'Y City Manager Ron Wicker explained these changes were made to correct errors on the zoning map which were inadvertently made when the zoning map was revised several years ago. Ordinance No. 509-14 was read in caption by Councilmember Bost. (First Reading) It was moved by Councilmember Bost, seconded by Councilmember Wolff, that Ordinance No. 509-14 be passed and approved on the first of two readings. 221 Said Ordinance No. 509-14 reads in caption as follows: ORDINANCE ND. 509-14 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING AN AMENDMENT TO THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Miller, Tetens, Wolff, Smith and Bost. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 509-15, ORDINANCE .AMENDING SECTION 19.7 (MINIMUM PARKING AREA AND SPACES) OF LAND USE AND URBAN DEVELOPMENT ORDINANCE, CHANGING TABLE V AS TO STALL WIDTH FROM TEN FEET TO NINE FEET Ordinance No. 509-15 was read in caption by Councilmember Wolff. (First Reading) It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Ordinance No. 509-15 be passed and approved on the first of two readings. Said Ordinance No. 509-15 reads in caption as follows: ORDINANCE NO. 509-15 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMEMING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING AN AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Bost, Smith, Wolff, Tetens and Miller. Voting "No" - None. Motion passed 5 to 0. AWARD OF PROPOSAL NO. 889-5, COMPUTER AIDED DISPATCH SYSTEK FOR POLICE DEPARMWENT Mayor Reid advised, as recommended by the Chief of Police, this item would be passed to a future agenda QST FROM J. D. ABRAMS, INC., CONTRACTOR FOR FM 518 WMWNG PMJEC'T, FOR A TH[W- WEEK CLOSURE OF MGMON OF EAST CIRCLE AND FM 518 It was moved by Councilmember Bost, ,seconded by Councilmember Tetens, that Council approve the request by J. D. Abrams, Inc., for a three-week closure of the inter- section of East Circle and FM 518. Motion passed 5 to 0. REQUEST FROM LEAGUE OF WOMEN VOTERS FUR PLACEMENT OF LARGE VOTING BANNER ACROSS FM 518 AND STATE HIGHWAY 35 City Manager Ron Wicker explained he had received a letter from Ms. Juanita Fletcher of the League of Women Voters requesting the help of the City by hanging one or more banners across FM 518 and Hwy 35 prior to elections. Mr. Wicker said the City has provided this service to the League in the past and would recommend approval with the conditions outlined in his Agenda Memo to the Council. In general discussion, Councilmember Wolff recommended the City not charge the League for installation of the banners as the cost will be nominal and they are providing a service to the citizens of Pearland. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that the City work with the League of Women Voters in installing the voting banners with two stipu- lations: one, that the banners be installed at no more than two locations prior to each.election, preferably on FM 518 and State Hwy 35 and two, that the League notify the City at least two weeks prior to the proposed installation. 222 Motion passed 5 to 0. RESOLUTION N0. R89-20, RESOLUTION APPEALING RESOLUTION NO. R87-30, CONCERNING THE DUTIES OF THE CITY ATTORNEY AND THE MUNICIPAL COURT Jim Resolution No. R89-20 was read in'its entirety by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Miller, that Resolution No. R89-20 be passed and approved on the first and only reading. At the request of Councilmember Wolff, the City Secretary read Sections 4.06 and 4.07 of the Pearland City Charter. It was moved by Councilmember Wolff that the wording in the Resolution concerning the cooperation with the City Manager be stricken. Motion was not seconded. MEETING RECESSED AT 9:38 P. M. in order for Council to have available copies of Resolution No. R87-30. MEETING RECONVENED AT 9:48 P. M. It was moved by Councilmember Wolff, seconded by Councilmember Miller, that an amend- ment be made to the motion, deleting the second sentence in the final paragraph of Resolution No. R89-20 so that the final paragraph will read as follows: "That Resolution No. R87-30 is hereby repealed." Voting on the amended motion: Voting "Aye" - Councilmembers Miller, Wolff, Smith and Bost. Voting "No" - Councilmember Tetens. Amendment passed 4 to 1. Mayor Reid called for a vote on Resolution No. R89-20 as now structured, with the second sentence in the last paragraph being deleted. Said Resolution No. R89-20 reads in caption as follows: RESOLUTION NO. 889-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING RESOLUTION NO. R87-30. Voting "Aye" - Councilmembers Bost, Wolff and Miller. Voting "No" - Councilmembers Smith and Tetens. Motion passed 3 to 2. RESOLUTION NO. R89-21, RESOLUTION GRANTING MORATORIUM ON THE IMPOSITION OF IMPACT FEES ON THE CAPITAL IMPROVELOMM PLAN FOR THE CITY OF PEARLAI D City Manager Ron Wicker informed that Staff had made a comparison of the number of building permits issued during the months of April and May over the last few years. The results being: in 1987, 31 building permits were issued; in 1988, 30 building permits were issued; and in 1989, 30 building permits were issued. This indicates we have issued approximately the same number of permits each year so it is hard to say what impact capital recovery fees have or have not had on growth in our City, Mr. Wicker said. Councilmember Tetens spoke in favor of charging impact fees and said he felt we should not penalize the taxpayer today to subsidize a special interest group. Councilmember Bost also spoke in favor of the impact fees and commented on the amount of possible tax increase that would be needed to make up the difference in the budget without the capital recovery fees. Councilmember Bost raised the question of any potential conflict of interest on the part of Councilmembers Smith and Wolff, saying he understood both owned property within the City open to future development. 223 Councilmember Bost requested a written opinion from the City Attorney on this issue. Resolution No. R89-21 was read in its entirety by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Wolff, that Resolution No. R89-21 be passed and approved on the first and only reading with the dates of the moratorium to be from June 15, 1989 to June 15, 1991. Councilmember.Tetens stated he would like an opinion from the City Attorney on what constituted a conflict of interest because he owns property in the E.T.J. which could be developed in the future. Mayor Reid asked if Council would like to delay action until legal clarification of this issue could be obtained. Councilmember Wolff called for the question. Voting on the call for question: Voting "Aye" - Councilmembers Smith, Wolff and Miller. Voting "No" - Councilmembers Bost and Tetens. Vote being 3 to 2 on Call for Question. Mayor Reid then called for vote on Resolution No. R89-21, with dates of the moratorium being from June 15, 1989 to June 15, 1991. Said Resolution No. R89-21 reads in caption as follows: RESOLUTION NO. 889-21 A RESOLUTION GRANTING A MORATORIUM ON THE IMPOSITION OF IMPACT FEES ON THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF PEARLAND, TEXAS AND PROVIDING FOR SEVERABILITY. Voting "Aye" - Councilmembers Miller, Wolff and Smith. Voting "No" - Councilmembers Tetens and Bost. Motion passed 3 to 2. Councilmember Bost requested a ruling from the City Attorney concerning a statement he remembered made in a past executive session that three of the Councilmembers wanted the moratorium approved. Councilmember Bost stated he would like a clarification on whether this was in conflict of the Open Meetings Act. OFiDINANCE NO. 568, ORDINANCE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF PEARLAND AND ME SANTA FE EDGY COMPANY FOR AN OIL, GAS AND K RAL LEASE ON CITY PROPERTY On the recommendation of City Attorney Robert Talton, Mayor Reid advised this item would be passed to the next Council agenda. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 10:15 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 RETURNED TO OPEN SESSION AT 10:47 P. M. Mayor Reid read the following items which were discussed in Executive Session and signed a certification to the effect: UNDER SUBSECTION (f) ACQUISITION OF REAL PROPERTY - Council discussed, with the City Attorney and Staff, Westwood Village, Section I. UNDER SUBSECTION (g) PERSONNEL - Council discussed with Staff the appointment of a member to the Civil Service Commission for a three-year term. 224 UNFINISI� BUSINESS (Continued) CITY ACCEPTAN E OF WESTWOOD VILLAGE, SECTION I, STRE'E'TS, WATER SYSTEM, SANITARY SEWER SYSTEM AMID DRAINAGE City Attorney Robert Talton advised it would be his recommendation, based on what he understands of the position at this time, to pass this item to a fixture agenda. It was moved by Councilmember Wolff, seconded by Councilmember Miller, that this item be deferred to a fixture agenda. Motion passed 5 to 0. ADJOURN The meeting adjourned at 10:48 P. M. Minutes approved as submitted and/or corrected this day of ,z , A. D., 1989. Mayor ATTEST: City Se terry