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1989-07-24 CITY COUNCIL REGULAR MEETING MINUTES245 MMM OF A MMLAR MWMG OF TFE CITY CMUIL OF 71E CITY OF PEARUM, TEXAS, HELD ON JULY 24, 1989, AT 7:30 P. M. IN THE CITY HALL, 3519 LIEERTy DRIVE, PF.ARLAM, TEXAS The meeting was called to order with the following present: Mayor Tom Reid Councilmember/Mayor Pro Tem William Wolff Councilmember Councilmember C • .1# S0=0 674; City Manager City Attorney Public Works Director City Secretary David Smith James Bost D. A. Miller, Jr. Ronald J. Wicker Robert Talton William Thomasset Kay Krouse Absent from the Meeting: Councilmember Richard Tetens. The invocation was given by Councilmember David Smith with a special prayer of sympathy extended to City Employee Carrel McVey and family over the tragic loss of two of their family members this last weekend. The Pledge of Allegiance was led by Police Chief Randy Garner. It was moved by Councilmember Bost, seconded by Councilmember Smith, that the Minutes of the Regular Meeting of July 10, 1989, be approved as presented. Motion passed 4 to 0. It was moved by Councilmember Wolff, seconded by Councilmember Bost, that the Minutes of the Special Meeting of July 17, 1989, be approved as presented. Motion passed 4 to 0. It was moved by Councilmember Smith, seconded by Councilmember Miller, that the Minutes of the Special Meeting of July 18, 1989, be approved as presented. Motion passed 4 to 0. Paul. George, President of Clean Pearland, presented to the City the award given to Clean Pearland by Keep Brazoria County Beautiful Association. Mayor Reid accepted this plaque on behalf of the City. Patty Bates, Clean Pearland Coordinator, related that, as of this date, 900 tickets were sold to the Astro game on Pearland Night. The Astros will rebate $900 of the total amount collected and this will go to the Pearland Hike and Bike Trail. Bill Thomasset, Director of Public Works, informed that he was recently notified by the U. S. Environmental Protection Agency, Region 6, that the Pearland water supply facility was nominated for an Environmental Excellence Award for Public Water Supply. Although the winner for this 5 -State Region was a water company in Louisiana, it was an honor to be nominated, Mr. Thomasset remarked. Mayor Reid presented the Certificate of Nomination to Robert Tobin, Superintendent and Eddie Carrillo, Operator in the Water and Sewer Production and Treatment Department. 246 Councilmember Smith informed that the second week in September will be E.M.S. week in Texas. Councilmember Wolff questioned the City Manager on the status of the following projects: 1. Dedication of Aaron Pasternak Memorial Park: City Manager Ron Wicker responded that the ceremony will be on Saturday, August 12 at 9:30 A. M. Mrs. Pasternak has furnished us with a list of people she wishes to invite and enclosed a check in the amount of $2,000.00 to be used for the purchase of additional park equipment. 2. Traffic Signal at Walnut and Hwy 35: City Manager Wicker said he was advised by the State that they will be putting in new signals sometime within the next six months but that they would try to split phase the light within the next 30 days. 3. Traffic Signal at McLean and FM 518: City Manager Wicker said he was advised by the State that this project has indeed been scheduled but, as yet, no contract has been let. Councilmember Wolff questioned whether there was sufficient right- of-way for the installation of this signal. Mr. Wicker responded that since the triangular piece of property at that location has been deeded to the City a portion of it can be used for any additional right-of-way required. Councilmember Miller reported that on July 12 he attended the H -GAC Workshop for Elected Officials which was an all --day event covering many enlightening areas. On July 19, he met briefly with Chief of Police Randy Garner regarding the final preparation of the alarm ordinance and later that evening, attended the Brazoria County Cities Association meeting in Lake Jackson. On August 1 he will be attending a feasibility study on the Clover Field Airport. In conclusion, Councilmember Miller pointed out that some correspondence in the Council packets was on old stationery and he felt it should not be used in mailouts. 1. Tom Tierney, 3304 Hampshire. Mr. Tierney spoke to Council about the poor street conditions on Hampshire. He expressed concern that City employees are putting blacktop on private driveways and City employees are sodding yards around this area on Hampshire. In addition, Mr. Tierney reported a sewer leak on Hampshire needing special attention. Mayor Reid advised Mr. Tierney that the City Manager would research these issues and respond in writing to Mr. Tierney. 2. Mike Haner, 1107 E. Broadway. Mr. Haner introduced himself as a longtime Pearland resident who has worked in the security business for over 20 years. Mr. Haner spoke about the concerns he had over the proposed Alarm Ordinance in that he felt some of the sections were not in compliance with current State Law. He referred to the areas needing to be reworked. 3. C. D. Anderson, 3215 Jacquelyn. Mr. Anderson spoke about his concerns over the City's current policy of tree limb and other heavy trash pickup. , 4. Frances Jamison, FM 518. Mrs. Jamison spoke about the Pearland Landfill. She questioned why the City issued $250,000 in Certificates of Obligation for the final cover of the landfill and what had happened to all the dirt dug from the landfill pit. In response to Mrs. Jamison's questions, City Manager Ron Wicker explained the City sold the $250,000 in Certificates of Obligation for the construction of the final cover of the landfill to comply with State regulations. Some of the dirt was used to line the pit, some to cover the garbage and what was left was used to help fill the top portion which was mounded up to about 15 feet from the original ground level. NEETING RECESS® AT 8:35 P. M. ulpl�ll/1+, :��,��,►1�I�►I�:1 L ��3:�u� Mayor Reid recognized from the audience students from a gove6ment class at San Jacinto College. 247, DOCKETED PUBLIC HEAR]UM: None UNFINISHED BUSINESS ORDINANCE NO. 570, ORDINANCE AMMING CHAPTER 2 OF THE CITY OF PEARLAND CODE OF ORDINANCES, , BY CREATING SECTION 2-5, AMDUSTRATION AND EN��iCIIENP Ordinance No. 570 was read in caption by Councilmember Bost. (Second Reading) It was moved by Councilmember Bost, seconded by Councilmember Smith, that Ordinance No. 570 be passed and approved on the second and final reading. Said Ordinance No. 570 reads in caption as follows: ORDINANCE ND. 570 AN ORDINANCE AMENDING CHAPTER 2. "ADMINISTRATION', ARTICLE I. "IN GENERAL' BY CREATING SECTION 2-5, "ADMINISTRATION AND ENFORCEMENT" OF THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS, PROVIDING FOR A REPEALING CLAUSE, SAVINGS CLAUSE AND A SEVERABILITY CLAUSE. Voting "Aye" - Councilmembers Bost, Smith, Wolff and Miller. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 571, ORDDW4CEE 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 NASAWOOD DRIVE, OR. AL7EWTIVELY, (X)NIIumiaN Ordinance No. 571 was read in caption by Councilmember Smith. (Second Reading) It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Ordinance No. 571 be passed and approved on the second and final reading. Said Ordinance No. 571 reads in caption as follows: ORDINANCE NA. 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 Miller, Wolff, Smith and Bost. Voting "No" - None. Motion passed 4 to 0. ORDINA = NO. 572, ORDINANCE AURUEUM NG THE EXH7=ON OF A CONTRACT BETWEEN' THE CITY AND SUNSET MEADOWS JOINT VENTURE FOR THE PURPOSE OF PAYMENT/DONATION TO COVER ALL EXPENSES Fdr"Ili THE ACQUISITION OF NASAWOOD DRIVE Ordinance No. 572 was read in caption by Councilmember Wolff. (Second Reading) It was moved by Councilmember Wolff, seconded by Councilmember Bost, that Ordinance No. 572 be passed and approved on the second and final reading. Said Ordinance No. 572 reads in caption as follows: ORDINANCE NO. 572 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 Bost, Smith, Wolff and Miller. Voting "No" - None. Motion passed 4 to 0. Police Chief Randy Garner informed that after a somewhat extensive review of this CAD system, meeting with representatives of the companies and surveying members of the Police Department who are using the present computer system, it was his determi- nation that the addition of the computer aided dispatch system will have a lot of benefits to all the officers. Therefore, Chief Garner stated, he would recommend award of proposal to Unisys for the hardware and to ICC for the software, at a cost to the City of $25,000 as our portion of this grant funding. In addition, Chief Garner said that both companies have agreed to guarantee this system in writing to the effect that if it does not perform to our satisfaction, we will receive a full reimbursement. It was moved by Councilmember Smith, seconded by Councilmember Miller, that the City enter into a contractural agreement with Unisys and ICC, vendors on the Computer Aided Dispatch System and that Staff draft a contract that, in essence, amounts to a money back guarantee of satisfaction. Motion passed 4 to 0. r,•�r r • N � . • 41 �. • : � rr •.� Nor ria. r:•, w � •��r �. a ��, • r _�► i :� AMy+ll► r i it • •.� u r �•� r In Council discussion it was suggested that City Attorney Talton meet with Mr. Haner to review the areas of concern he had previously expressed concerning this ordinance. In response to a question by Councilmember Smith, Chief Garner informed that the Police Department had responded to 125 false alarms over the last month which equates to 150 manhours at a cost to the City of approximately $2,250.00. It was moved by Councilmember Wolff, seconded by Councilmember Miller, that this item be passed to the next regular agenda, with the instruction to the City Attorney that those items mentioned by Mr. Haner be reviewed in close detail to insure that we are not in violation of State law. Voting "Yes" on the motion: Councilmembers Miller and Wolff. Voting "No" on the motion: Councilmembers Smith and Bost. Mayor Reid voted "Yes" on the Motion. City Charter.) Motion passed 3 to 2. NEW BUSINESS (Voting as per Section 3.01(b) of the Pearland 41 •i• •,r ll,• t`I �;• tHa�•4 r 0, o,� r u�r ♦� a •, r• . ; . Barbara Lenamon, Tax Assessor/Collector, read into the records of the City the following: In compliance with S.B. 1420 (effective June 20, 1987), I must certify an anticipated collection rate to the governing body for July 1, 1989 to June 30, 1990. This is based on current taxes, delinquent taxes, penalties and interest which should be collected during this period. I THEREFORE CERTIFY THIS COLLECTION RATE TO BE 96%. /s/ Barbara Lenamon It was moved by Councilmember Bost, seconded by Councilmember Smith, that the correspondence from Barbara Lenamon, Tax Collector be received into the records of the City and that Council approve the Tax Collector's Certification of Anticipated Collection Rate for 1989 at the 96% level. Motion passed 4 to 0. 249 APPOIN001T OF TAX ASSESSOR TO ==.NTE AM PUBI= IIMJCTIVE TAX It was moved by Councilmember Bost, seconded by Councilmember Smith, that Council appoint Tax Assessor Barbara Lenamon as person to calculate and publish effective rate. Motion passed 4 to 0. �— City Manager Ron Wicker advised it was Staff's recommendation to increase these fees to keep up with the actual cost. It was moved by Councilmember Smith, seconded by Councilmember Bost, that the fees be raised for the grappler truck to $100.00 for a full load and $50.00 for one half load to become effective as soon as possible. Motion passed 4 to 0. •�a.�a • • •�:.: •��.�• •: is �� � �a1 • N • •,ray •;• N •�a� ia, Resolution No. R89-25 was read in its entirety by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Wolff, that Resolution No. R89-25 be passed and approved on the first and only reading. Said Resolution No. R89-25 reads in caption as follows: RESOLUTION NO. 889-25 A RESOLUTION SETTING THE FEES FOR VARIANCE REQUESTS, SPECIFIC USE PERMITS, AND ZONE CHANGE REQUESTS AND PROVIDING FOR THE WAIVER OF SUCH FEES AND PROVIDING FOR A SEVERABILITY CLAUSE. Voting "Aye" - Councilmembers Miller, Wolff, Smith and Bost. Voting "No" - None. Motion passed 4 to 0. INVOICE FROM IANC & SON, INS. City Manager Ron Wicker read a letter from Larry Steed, Fire Chief, addressed to Councilmember Wolff in which he stated his department has conducted several tests on the present water supply system in the Green Tee Subdivision and found it is more than sufficient for their requirements in time of need. It was moved by Councilmember Wolff, seconded by Councilmember Miller, that Estimate No. 5, Final, Long & Son, Inc., for construction of Green Tee Water Storage and Booster Pmp Station in the amort of $11,842.00, be approved and payment made from the appropriate funds. Motion passed 4 to 0. It was moved by Councilmember Wolff, seconded by Councilmember Bost, that a Public Hearing on the Proposed Budget for 1989-90, be called for Thursday, August 10, 1989, at 7:30 P. M. Motion passed 4 to 0. CALL. OF PUBLIC HEARING ON TKO -NEW MOICO POWM CO'ANY'S REQUEST FOR. RATE INOREASE It was moved by Councilmember Smith, seconded by Councilmember Bost, that a Public Hearing, under Docketed Public Hearings of the Regular Council Agenda, be called for August 14, 1989, on Texas -New Mexico Power Company's request for rate increase. Motion passed 4 to 0. 250 REQUEST FROM PEARLAND/HOBBY AREA CHAMBER OF COMMERCE FOR CITY TO EXTEND LEASEE AGFdMMENT ON THE DEPOT City Manager Ron Wicker read into the records the following letter from Billye L. Arcemant, President of the Pearland/Hobby Area Chamber of Commerce: July 17, 1989 Mr. Ron Wicker Manager City of Pearland P. 0. Box 2068 Pearland, Texas 77588 Dear Ron: The Lease Agreement on the depot between the Chamber and the City of Pearland will expire on October 22, 1989. Section II, Terms and Options, of the Lease agreement states that the Lessee shall have an option to extend this lease for additional terms of 10 years each. The Board. of Directors of the Pearland/Hobby Area Chamber of Commerce respectfully requests approval of the first extension of this Lease Agreement to begin October 22, 1989, and to expire October 22, 1999. Thank you for your attention to this matter. We await your reply. Sincerely, /s/ Billye L. Arcemant President It was moved by Councilmember Bost, seconded by Councilmember Wolff, that the Lease agreement on the depot between the Chamber and the City be extended, as requested, for an additional ten years at the same rate. Motion passed 4 to 0. :12j-11INANCE NO.ORDMRANCE AUTHOUZINGTHE i•R S • F ADDITIONAL ]• a. T-• new FM 518 FOR STREET WUMMG PFAMECT City Manager Ron Wicker explained that in the construction process on the FM 518 widening project, the State has advised us that additional right-of-way is needed from American Real Properties, Inc. for a drainage structure. In Council discussion it was recommended that the money for the purchase of this property be taken from Street Bond Funds instead of the General Fund. Ordinance No. 574 was react in caption by Councilmember Bost. (First Reading) It was moved by Councilmember Bost, seconded by Councilmember Smith, that Ordinance No. 574 be passed and approved on the first of two readings with the correction that the purchase of this property is to be paid for out of Street Bond Funds. Said Ordinance No. 574 reads in caption as follows: ORDINANCE NO. 574 AN ORDINANCE AUTHORIZING THE PURCHASE OF A CERTAIN TRACT OF PROPERTY AS SET OUT IN EXHIBIT "A" OF PEARLAND, BRAZORIA COUNTY, TEXAS FROM AMERICAN REAL PROPERTIES, INC.; APPROPRIATING THE AMOUNT OF THREE THOUSAND NINE HUNDRED AND N0/100 ($3,900.00) DOLLARS OUT OF STREET BOND FUNDS FOR THE PURCHASE AND RELATED CLOSING COSTS; AUTHORIZING THE MAYOR TO ACCEPT THE GENERAL WARRANTY DEED FROM AMERICAN REAL PROPERTIES, INC.; AND AUTHORIZING THE MAYOR AND THE CITY MANAGER TO DRAW WARRANTY IN SAID AMOUNT OR SO MUCH THEREOF AS MAY BE NECESSARY AGAINST SAID FUND, TO PAY AND DISCHARGE THE LEGAL OBLIGATION OF THE CITY OF PEARL D, TEXAS, CHARGEABLE THERETO. CONTINUED FROM VOLUME SIXTEEN Voting "Aye" - Councilmembers Bost, Smith, Wolff and Miller. Voting "No" - None. Motion passed 4 to 0. AWOURN The meeting adjoumed at 9:51 P. M. Minutes approved as submitted and/or corrected this A. D., 1989. ATTEST: City Sebretary r--