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1986-12-08 CITY COUNCIL REGULAR MEETING MINUTESr"_ 55 MINUTES OF A REGULAR MEETING OF TIE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 8, 1986, AT 7:30 P. M., IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS Mayor Tom Reid Councilmember/Mayor Pro Tem Dennis Frauenberger Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Charles Mack James Bost Richard Tetens Stella Roberts Ronald J. Wicker Luke L. Daniel Kay Krouse The invocation was given by Mayor Tom Reid. The Pledge of Allegiance was led by Assistant City Manager Gary Jackson. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that the minutes of the Regular Meeting of November 24, 1986, be approved as submitted. T�otion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid apologized for not being at the Christmas tree lighting on December 4. He stated this was the first time he had not been able to attend a Christmas tree function since the early 70's. Mayor Reid recognized from the audience Mary Starr and reported that Mary has recently been selected to the Board of National Association of Realtors. COUNCIL ACTIVITY REPORTS Councilmember Frauenberger reported that the tree lighting ceremony went very well. DEPARTMENTAL REPORTS City Manager Ron Wicker reported he, Public Works Director Bill Thomasset, and repre- sentatives of Walsh Engineering met with members of Brazoria County Drainage District No. 4 today and requested assistance from the Drainage District in doing improvements on outfall drainage for the F.M. 518 widening project. There are three or four areas along 518 that need to be improved as far as drainage is concerned. The Drainage District did agree to provide the labor if we provide the necessary engineering and materials. Scheduled bidding on the widening project will probably be early next Spring and we hope to get started on the west end near the Great Southwest Barbecue before that time. At the request of Mayor Reid, City Manager Wicker said after he receives the information from the Highway Department, he would prepare a proposed construction schedule on F.M. 518. Mr. Wicker announced that this will be the last Council meeting Gary Jackson will attend. Gary has accepted the position of City Manager for the City of La Marque beginning December 15. Gary has done an outstanding job for the City, said Mr. Wicker, and he will be missed. City Attorney Luke Daniel reported he will be going on vacation December 17-21 and again from Christmas Eve to New Year's. 56 ["_1WWVA_ �►y Mrs. Frances Jamison, P. 0. Box 520, Pearland. Mrs. Jamison spoke before Council concerning her being denied on several occasions when she had requested from the City a copy of a title report from Texas Fidelity Title pertaining to the Jamison property. She said she requested this information under the Open Records Act, Article 6252-17a and has now requested that the City obtain an opinion from the State Attorney General's office. In addition, Mrs. Jamison questioned what the duties of the City Treasurer were and the name of the City Treasurer. City Manager Ron Wicker responded by reading from the City Charter, Section 4.05 - Department of Finance, and stating that Janet Eastburn was the City Treasurer. 1.101.4W 0 M Eli V .i : ; 11.. ► �: ORDINANCE NO. 450-3, AMENDMENT TO CIVIL SERVICE ORDINANCE, CREATING THREE NEW LIE nENANT POSITIONS AND ABOLISHING THREE SERGEANT POSITIONS Ordinance No. 450-3 read in caption by Councilmember Mack. (Second Reading) It was moved by Councilmember Mack, seconded by Councilmember Bost, that Ordinance No. 450-3 be passed and approved on the second and final reading. Said Ordinance No. 450-3 reads in caption as follows: ORDINANCE NO. 450-3 AN ORDINANCE OF THF CITY OF PEARLAND, TEXAS, ESTABLISHING CLASSIFICATION FOR ALL POLICEMEN, ESTABLISHING THE NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION; ESTABLISHING GROSS MONTHLY PAY SCHEDULES FOR EACH CLASSI- FICATION, PURSUANT TO SECTION 8A OF ARTICLE 1269m, V.A.C.S. OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A REPEALING CLAUSE, AN EFFECTIVE DATE, AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmember Mack, Councilmember Bost, Councilmember Frauenberger, Councilmember Tetens, and Councilmember Roberts. Voting "No" - None. Motion passed 5 to 0. REQUEST BY STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR ADDITIONAL AMOUNT OF $83,205.00 FOR CITY'S PORTION OF CONSTRUCTION COST FOR WIDMM OF PORTION OF F.M. 518 FROM 0.2 MI. NW OF GALVESTON COUNTY LINE TO CURB AND GUTTER SECTION IN FRIEN DSWOOD City Manager Ron Wicker explained that months back -the City paid the State $187,365.00 for the City's portion of the construction cost for widening F.M. 518 from 0.2 mi. northwest of Galveston County Line to Curb and Gutter section in Friendswood, which did include the bridge structure for Mary's Creek By-pass. After they revised their engineering data and cost of the project and because of increased drainage requirements for that bridge structure, the State determined that an additional amount of $83,205.00 will be needed for the City's portion. A general discussion followed between Council and Staff about this request for additional funds; about drainage requirements along F.M. 518; and the need for obtaining more detailed information about the construction plans. It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts, that the City Manager be authorized to expend the necessary funds up to $83,205.00 to keep the widening project going, but also keep the Council informed as to the exact v reasons that this drastic increase was incurred and the money be paid from the street bond funds. Motion passed 4 to 1. Councilmember Tetens voted against. City Manager Ron Wicker explained that later this month the new Animal Control 57 Ordinance will go into effect and in talking with Renee Monceaux, the Animal Control Officer, she presented a schedule of comparisons of other cities' fees and charges. There was a general discussion about these fees and charges and it was suggested the Council needs more clarification on these fees. Mayor Reid advised this item would be passed until the next agenda. AUTHORIZATION FOR CITY MANAGER TO GRANT ADMINISTRATIVE LEAVE FOR FRIDAY AFTER CHRISTW, DECEMBER 26, 1986 r City Manager Wicker explained because Christmas falls on a Thursday this year, he would like to request Council approve his authorization of the Friday after Christmas as a holiday just this year. The City employees of Pearland, over the past three budget years, have not received a cost of living increase and, in fact, this year there is a very limited amount of money set aside for merit increases. So, because of this Mr. Wicker said he would like authorization to grant an administrative holiday for the Friday after Christmas this year for all employees. It was moved by Councilmember Tetens, seconded by Councilmember Bost, that the City Manager be authorized to grant administrative leave for City employees on Friday, December 26, 1986, only. Motion passed 5 to 0. APPROVAL OF INVOICE FROM WALSH INC. It was moved by Councilmember Tetens, seconded by Councilmember Frauenberger, that invoice dated November 19, 1986, Walsh Engineering, Inc. for professional services rendered in survey and construction of drainage outfalls associated with the Highway Department's F.M. 518 widening project; intersection improvements on Old Alvin Road and Walnut -Barry Rose Road, in the amount of $11,346.72 be approved and payment made from the appropriate funds. Motion passed 5 to 0. ORDINANCE NO. 531, ORDINANCE REGULATING SALE OF ALCOHOLIC BEVERAGES IN BUSINESS ESTABLISHMENTS IN CITY It was brought out in a general discussion that this ordinance reflects those controls that had been discussed by the Council at previous times. Ordinance No. 531 read in its entirety by Councilmember Frauenberger. (First Reading) It was moved by Councilmember Frauenberger, seconded by Councilmember Roberts, that Ordinance No. 531 be passed and approved on the first of two readings. Said Ordinance No. 531 reads in caption as follows: ORDINANCE NO. 531 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, RESTRICTING THE SALE OF CERTAIN ALCOHOLIC BEVERAGES FOR ON - PREMISE CONSUMPTION TO LOCATIONS WHERE SUCH SALE IS INCIDENTAL TO FOOD SALE OR HOTEL OR MOTEL PURPOSES; REQUIRING THE FILING OF SALES TAX AND ALCOHOLIC BEVERAGE TAX RETURNS WITH THE CITY FOR VERIFICATION; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; PROVIDING FOR CODIFICATION; PROVIDING FOR PUBLI- CATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmember Roberts, Councilmember Tetens, Councilmember Frauenberger, Councilmember Bost, and Councilmember Mack. Voting "No" - None. Motion passed 5 to 0. ESTABLISHMENT OF SUBSCRIPTION FEES FOR E.M.S. SERVICE OUTSIDE PEARLAND CITY LIMITS City Manager Ron Wicker explained that subsequent to the Council's adoption of a new fee schedule for E.M.S. service and providing for a subscription rate for residents inside the City limits, there has been several requests for establishing similar subscription rates for those people outside our corporate limits who are also served by our Pearland E.M.S. In discussing this with members of the E.M.S. Committee, we W MI are recommending a fee of $36.00 per year for a non-resident subscription rate. It was moved by Councilmember Frauenberger, seconded by Councilmember Bost, that the subscription fee of $36.00 be added to the present fee schedule for emergency medical service for residents outside the corporate limits of the City of Pearland but within its extraterritorial jurisdiction as served by the Pearland E.M.S. Motion passed 5 to 0. MEETING RECESSED TO EXECUTIVE SESSION AT 9:00 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 - SUBSECTION (e) LEGAL - Contemplated and Pending Litigation: (1) Article 1269m V.A.T.C.S., (2) Discussion with Tom Alexander and David Smith on Annexation in Harris County, (3) B. M. Jamison et ux vs. MEGA Corporation. MEMTING RETURNED TO OPEN SESSION AT 10:20 P. M. - NO ACTION TAKEN The meeting adjourned at 10:20 P. M. Minutes approved as submitted and/or corrected this day of , A. D., 1986. ATTEST: