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1989-07-10 CITY COUNCIL REGULAR MEETING MINUTES237. MINfl'ES OF A REGUIM MEETM OF THE CITY MWIL OF THE CITY OF PEARL M, TEXAS, HEIR ON JULY 10, 1989, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAM, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember David Smith Councilmember Richard Tetens Councilmember D. A. Miller, Jr. Councilmember James Bost City Manager Ronald J. Wicker City Attorney Robert Talton Director of Public Works William Thomasset City Secretary Kay Krouse Absent from the meeting: Councilmember William Wolff The invocation was given by Councilmember David Smith which included a prayer for the speedy recovery of Councilmember Billy Wolff. The Pledge of Allegiance was led by Bill Thomasset, Director of Public Works. It was moved by Councilmember Bost, seconded by Councilmember Smith, that the Minutes of the Regular Meeting of June 26, 1989, be approved as presented. Motion passed 3 to 0. Councilmember Tetens abstained. It was moved by Councilmember Bost, seconded by Councilmember Miller that the Minutes of the Special Meeting of June 29, 1989, be approved as presented. Motion passed 3 to 0. Councilmember Tetens abstained. MAYOR'S AL`PIVITY REECRT Rosalie Olah, Chairman of the Library Board, introduced other members of the Board who were present. Mrs. Olah extended thanks from the Board to the Council for their continued support of the Pearland Library. Librarian Dede Williams gave a report on the activities of the Pearland Library during the last year and presented Council copies of the current statistical report of the Brazoria County.Library and figures showing the increase in the circulation of the Library from 1972 - 1988. Matthew Kastel, representative from the Astros Baseball Club, presented each of the Council and Staff Astro ball caps and coffee cups and invited everyone to participate in Pearland Night with the Astros on July 28. Patty Bates, Clean Pearland Coordinator, informed that there will be a school bus available to transport people to the Astrodome that evening. The bus will be leaving around 6:00 P. M. from City Hall. Councilmember Miller reported on the meetings he had attended recently: he met with an individual concerning the recycling center in town; he met in the Police Chief's office with other committee members to discuss the Alarm Ordinance; and he met with Staff, Police personnel and representatives of the computer firm who currently have a computer system operating in the Police Department. Then, on Saturday, he repre- sented Councilmember Wolff at the Parks Board meeting and later on, from 12:00 to 4:00 P. M. he was at City Hall to receive citizens who wanted to come by and discuss any problems with a Councilmember. In addition, Councilmember Miller reported he will be attending the H -GAC Workshop for Elected Officials. 238 Councilmember Smith informed that Councilmember Wolff, who had suffered a heart attack in the City Manager's office last Wednesday, was in stable condition at Methodist Hospital and is expected to be released in a few days to complete his recovery at home. He asked Councilmember Smith to report to Council that he has secured the flag pole to be placed in the front of the Melvin Knapp Building on Grand Blvd. Councilmember Smith advised he would like Council to join him in commending the Pearland Fire Department, along with personnel from the Public Works Department, for the team effort in connection with the recent fire at the High School. The efficient way in which they performed kept the fire from getting totally out of control and these individuals should be recognized for the tremendous job they did, Councilmember Smith said. DEPARTMENTAL REPORTS - None CITIZENS 1. Edward Tindall, 2516 S. Texas. Mr. Tindall spoke about the proposed false alarm ordinance and said he felt this might be incorporated somehow into a nuisance ordinance. He also stated he felt there was a barrier between the citizens and the Council and that Council needs to listen to the citizens. 2. Theta Cessac, 3302 Nottingham. Mrs. Cessac spoke to Council requesting their consideration of expanding the first phase of the Hike and Bike Trail to include a walkway along Old Alvin Road from Windsor Street to FM 518. This walkway would be beneficial to the health and safety of the students in that area walking to and from school; it would provide a safer way for the senior citizens to get around; it could possibly get rid of traffic congestion in that area; it would provide financial relief to those families who can not afford to bus their children to school; and lastly, it would provide an excellent beginning for the second phase of the hike and bike trail to begin on the south side of FM 518 on Old Alvin Road, down Mary's Creek, straight to the Park. DOCKETED PUBLIC HEARINGS - None [AQEINISHED BUSINESS ORDINANCE NO. 568, ORDINANCE AUMNIZIlNG, EXECUTION OF AN AGREEMENT BE'rWEEN THE CITY OF PF.ARIAND AND THE SANTA FE IIEMY COMPANY FOR AN OIL, CCAS AND MINERAL LEASE ON CITY PROPERTY Ordinance No. 568 was read in caption by Councilmember Bost. (Second Reading) It was moved by Councilmember Bost, seconded by Councilmember Tetens, that Ordinance No. 568 be passed and approved on the second and final reading. Said Ordinance No. 568 reads in caption as follows: AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT, A FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN SANTA FE ENERGY COMPANY AND THE CITY OF PEARLAND. Voting "Aye" - Councilmembers Bost, Smith, Tetens and Miller. Voting "No" - None. Motion passed 4 to 0. BID PROPOSAL NO. 889-5, COMPUTER AIDED DISPATCH FOR POLICE DEPAPMEM T Upon the recommendation of City Manager Ron Wicker, Mayor Reid advised this item would be passed to a fixture agenda. NEW BUSINESS AUTHORIZATION FOR CITY STAFF TO PROCEED WITH ACQUISITION OF ADDITIONAL RIGHT-OF-WAY FOR HIKE AMID BIKE TRAIL City Manager Ron Wicker presented Council with copies of a drawing that showed the 239 existing right-of-way along the southeast side of Liberty Drive from Shadybend Drive to the Faith Baptist Church property. It seems, Mr. Wicker said, that all we will need to acquire is about five more feet across the front of the now -vacant church property. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Council authorize the City Staff to proceed with acquisition of additional right-of-way for the Hike and Bike Trail. Motion passed 4 to • ISSUING SEASON PASSES TO CITY EPt4l)YEES FUR USE OF SVINKING POOL AT UrFEEFE1 PARK It was moved by Councilmember Smith, seconded by Councilmember Miller, that season passes be issued to all City employees and their families, for use of the swimming pool at Independence Park. Motion passed 4 to 0. AWARD OF BID NO. 889-6, ONE BACHIE IDAEER Upon the recommendation of the City Manager, Mayor Reid advised this item would be passed to the next Council meeting. ORDINANCE NO. 570, ORDINANCE AMENDING ARTICLE I OF THE CITY OF PEARLAND CODE OF ORDINANCES, BY CREATING SECTION 2-5, AUENISTRATION AND ENIlYIRCJ TP City Attorney Robert Talton informed that changes which were recommended by Council when they workshopped this ordinance have been made. Ordinance No. 570 was read in caption by Councilmember Smith. (First Reading) It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 570 be passed and approved on the first of two readings. Said Ordinance No. 570 reads in caption as follows: ORDINANCE NO. 570 AN ORDINANCE AMENDING ARTICLE I. IN GENERAL BY CREATING SECTION 2-5, "ADMINISTRATION AND ENFORCEMENT" OF THE CODE OF ORDINANCES OF THE CITY OF PEARL.AND, TEXAS, PROVIDING FOR A REPEALING CLAUSE, SAVINGS CLAUSE, AND A SEVERABILITY CLAUSE. Voting "Aye" - Councilmembers Miller, Tetens, Smith and Bost. Voting "No" - None. Motion passed 4 to 0. MEETING RECESSED AT 8:35 P. M. MEETING FdXUWENED AT 8:40 P. M. AURIOPT7A ON TO EXPEND BOND FUNDS FOR R ]3UITDINI' VARIOUS STREETS THROUGHOUT THE CITY City Manager Ron Wicker advised that subsequent to a conversation he had with Councilmember Smith, he looked into the possibility of expending some of our street bond fLnds for rebuilding various streets throughout the City. It appears from the wording on our bond ordinances that this is permissable and City Attorney Talton concurs. I feel, Mr. Wicker stated, that the only way we will be able to come up with any additional money to try and save some of our streets is through bond funds. Mr. Wicker presented a second priority listing of streets, prepared by Public Works Director Bill Thomasset, needing rebuilding which totals nearly six miles of additional streets. Mayor Reid read the following second priority listing of streets for the 1989 paving program: 1. Longwood from FM 518 to Myrtlewood 2. North Grand and South Grand from Plum to East Walnut 3. North Galveston from Orange to Broadway 4. South Houston from Broadway to East Walnut 240 5. Ryan Acres from McLean to Magnolia 6. McLean from Mary's Creek Bridge to the City limits 7. South Texas from Pear to West Walnut 8. Mykawa from West Orange to Harris County bridge Councilmember Smith informed that as a result of his recent conversations with County Commissioner Billy Joe Plaster concerning the street rebuilding program in Pearland, he would like to recommend at this time that $150,000 be taken out of the bond Hands with $75,000 going to the resurfacing of the additional streets and the remaining $75,000 used to start a storm sewer project on Old Alvin Road from where the storm sewers now start up to Walnut Street. Then, Councilmember Smith added, a walkway could be built over this, as Mrs. Cessac has requested. After this, he would like Council to consider some storm sewer on North Galveston Street from FM 518 to Orange Street. Councilmember Smith said he thought this would be a good place to start a year -by -year curb and gutter street program. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Council authorize Staff to add the list furnished tonight to the resurfacing program, this list being the exhibit to the motion, and authorize Staff to use up to an additional $75,000 in order to carry this paving program forward with this money to be taken from the appropriate bond funds. Motion passed 4 to 0. Councilmember Smith requested North Galveston Street be placed at the bottom of the list when the additional street paving begins. Mayor Reid recommended that Councilmember Smith work with City Staff on the storm sewer project on Old Alvin Road to Walnut. ORDINANCE NO. 571, ORDINANCE ALrIIi R ZING THE EXECUTION OF A CONTRACT BETWEEN THE CITY AND THE LAW FIRM OF SEARS AND BURNS, TO DETERMINE THE TITLE TO THE RIGHT -OF --WAY OF NASAWOCD DRIVE OR, ALTERNATIVELY, C=04NATION Ordinance No. 571 was read in caption by Councilmember Tetens. (First Reading) It was moved by Councilmember Tetens, seconded by Councilmember Bost, that Ordinance No. 571 be passed and approved on the first of two readings. Said Ordinance No. 571 reads in caption as follows: ORDINANCE NO. 571 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 THE LAW FIRM OF SEARS AND BURNS AND THE CITY OF PEARLAND, TEXAS. Voting "Aye" - Councilmembers Bost, Smith, Tetens and Miller. Voting "No" - None. Motion passed 4 to 0. CIRDINANCE N0. 572, OflDIN1HM AiflHXtIZIPG THE EXECUTION OF A CONTRACT BETWEEN THE CITY AND SUNSET MEADOWS JOINT VENTURE FOR THE PURPOSE OF PAYMENT/DONATION TO COVER ALL EXPENSES REGARDING THE ACQUISITION OF NASAL DRIVE Ordinance No. 572 was read in caption by Councilmember Miller. (First Reading) It was moved by Councilmember Miller, seconded by Councilmember Tetens, that Ordinance No. 572 be passed and approved on the first of two readings. Said Ordinance No. 572 reads in caption as follows: i I i I:1,M ►.4il 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 SUNSET MEADOWS JOINT VENTURE AND THE CITY OF PEARLAND, TEXAS. Voting "Aye" - Councilmembers Miller, Tetens, Smith and Bost. 241 Voting "No" - None. Motion passed 4 to 0. 1,'41 1 • 1 1;•11 1 iW21r� • ' 1 w :1 I� �. /;' F� 1, 1 • ! 1 1'' 1 1'1 /• 1 / I lug 115JI F0 1i 1 IDO•+,DO Mark Breeding, attorney with Sears and Burns, advised Council it is in the best interest of the City to determine in a court of law the ownership of this land as this road was constructed for public use and there has since been problems regarding the title to Nasawood Drive. It was moved by Councilmember Bost, seconded by Councilmember Smith, that Ordinance No. 573 be passed and approved on the first and only reading under the emergency provisions of the Charter. In Council discussion, Councilmember Miller stated there had not been an appropriate review time for this ordinance to be read only once and that he felt it was not an emergency situation. Voting "Aye" - Councilmembers Tetens, Smith and Bost. Voting "No" - Councilmember Miller. Motion failed as per requirement in Section 3.10 of Pearland City Charter that an emergency ordinance needs the affirmative; -vote of at least three-fourths of all members of the Council. ABANDONMENT OF 60 FOOT EASEMENT ON IAT 5, BLACK 4 AND LOT 6, BLOCK 5 OF THE AIRPORT SITES SUBDIVISION AS REQUESTED BY ALEERT V. JOLLY City Manager Ron Wicker explained he received a request from Albert Jolly. for the City to abandon the 60 foot easement dividing his property and Mr. Littleton's on 3rd Street. They have a prospective buyer for their property and the business operation would require the total space of each of the properties, including the easement. Mr. Wicker stated he felt the easement served no purpose as a public street for to serve in that capacity it would require the construction of a bridge across Mary's Creek. Ira Council discussion it was suggested by Councilmember Smith that perhaps the City could sell the easement to the prospective buyer instead of abandoning it. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Council authorize the Staff to prepare for the advertising of bids to sell the City property on 3rd Street at fair market value. Motion passed 4 to 0. ADJOURN The meeting adjourned at 9:24 P. M. Minutes approved as submitted and/or corrected this day of A. D., 1989. ATTEST: City SecFetary