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1992-04-06 CITY COUNCIL SPECIAL MEETING MINUTES30 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON APRIL 6, 1992, AT 7:00 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order at 7:07 P. M. with the following present: Mayor Pro Tem D. A. Miller Councilmember Benny Frank Councilmember Randy Weber Councilmember Joy Colson Councilmember William Wolf Interim City Manager Glen Erwin City Attorney Lester Rorick City Secretary Pat Jones Mayor Coppinger was absent from the meeting. PURPOSE OF THE MEETING CITIZENS 1. Frances Jamison, 2417 E. Broadway. Ms. Jamison read from a prepared statement, speaking about rights-of-way. It was the consensus of the majority of Council that this matter be placed on the agenda of the regular meeting of April 13th for discussion under Executive Session and possible action under New Business. 2. Sonia Shukanes, 2822 Country Club. Ms. Shukanes spoke about the proposed development west of Green Tee and the addition- al traffic to the area. 3. Barbara Bamburg, 2824 Country Club. Ms. Bamburg spoke about the proposed development west of Green Tee and the addition- al traffic to the area. DOCKETED PUBLIC HEARING: City Council to hear the petition filed on March 31, 1992, by Pearland Development Company and Houston Lighting and Power Company for annexation of territory fully described therein and arguments for and against the annexation. PERSONS SPEAKING FOR THE PROPOSED ANNEXATION: 1. John Niday, Jr., 904 Myrtlewood. Mr. Niday, as president of Pearland Development Corporation, spoke in favor of the proposed annexation. 2. Stella Roberts, 2918 Green Tee. Ms. Roberts stated she was not opposed to annexation but urged adequate streets be constructed to handle the flow of traffic in and around this area. PERSONS SPEAKING AGAINST THE PROPOSED ANNEXATION: 1. Becky Cornelius, 2415 Golfcrest. Ms. Cornelius stated she was not against the annexation but had concerns about the traffic situation. 2. Allan Stanley, 2305 Wicklow. Mr. Stanley stated he, as president of the Green Tee Homeowners Association, was pro - development but against the extra traffic problems this 31 development might bring. QUESTION AND ANSWER PERIOD: There followed a question and answer period touching on such topics as the school district this land would be part of, ingress and egress, traffic flow, and rights-of-way. ADJOURN The hearing adjourned at 8:10 P. M. r•• MEETING RECESSED AT 8:10 P. M. MEETING RECONVENED AT 8:25 P. M. UNFINISHED BUSINESS AWARD OF BID NO. B92-4, POOL PREPARATION City Manager Erwin reported that he had been instructed at the last meeting to meet with Surber Pool regarding the question of whether the City or the contractor would pay for the utility service needed for the construction and refilling of the pool. Mr. Erwin advised, per the letter from Surber Pool included in the Council packets, there has been a revised amount quoted of $77,805.00 with the contractor deduct- ing $1,000.00 for the City to furnish electricity and water for the refilling of the pool. Council determined that this bid covered both the main pool and the wading pool and that there are funds available for this work. It was moved by Councilmember Wolff, seconded by Councilmember Colson, that the pool preparation work be awarded to Surber Pool Company in the amount of $77,805.00. It was suggested the motion be amended to reflect the City would pay for the utilities and the maker of the motion stated the adjusted amount of $77,805 reflected this but for purposes of clarification he would amend his motion to stipulate the City furnish the necessary power for the work and the water to fill the pools. The seconder of the motion agreed to this amendment. The motion passed 4 to 0, with Councilmember Miller serving as Mayor Pro Tem and electing not to vote. NEW BUSINESS Councilmember Colson excused herself from the Chambers at this time to avoid a possible conflict of interest. DECISION BY CITY COUNCIL ON THE QUESTION WHETHER TO GRANT OR REFUSE THE PETITION FOR ANNEXATION FILED BY PEARLAND DEVELOPMENT COMPANY AND HOUSTON LIGHTING AND POWER COMPANY There was a question on whether this item on the agenda and the one to follow were not one and the same and it was determined that the Coun- cil has to decide to grant the petition and take action by ordinance to enact this granting of petition for annexation. City Attorney Rorick advised that depending on how the Council responds to issue number one, it may or may not consider issue number two under New Business. It was moved by Councilmember Wolff, seconded by Councilmember Frank, that Council accept the petition for annexation filed by Pearland Development Company and Houston Lighting and Power Company. Councilmember Wolff discussed the sale of bonds to finance needed projects, area drainage, rights-of-way, and the need for three bridges to aid the flow of local traffic. Councilmember Wolff requested that Council not only vote to agree to 32 the proposed annexation but commit to building three needed bridges. Councilmember Frank agreed to this amendment for the purposes of discussion. There followed a discussion regarding location of the bridges and needed right-of-way. Mayor Pro Tem Miller suggested the motion pertaining to the construc- tion of bridges be considered at the April 13th meeting due to posting requirements and City Attorney Rorick agreed that this would be the proper procedure to follow. Councilmembers Wolff and Frank withdrew the amendment to the original motion which was to grant the petition for annexation. Motion passed 3 to 0, with Councilmember Colson absent from the Cham- bers at this time and Councilmember Miller choosing not to vote while serving as Mayor Pro Tem. ORDINANCE NO. 626, ANNEXING TERRITORY INTO THE CITY OF PEARLAND, HARRIS COUNTY, TEXAS Ordinance No. 626 was read in caption by Councilmember Wolff. (First reading) It was moved by Councilmember Wolff, seconded by Councilmember Frank, that Ordinance No. 626 be passed and approved on its first reading. Said Ordinance No. 626 reads in caption as follows: ORDINANCE NO. 626 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRI- TORY TO THE CITY OF PEARLAND, HARRIS COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS, AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF THE SAID CITY; AND CONTAINING A SEVERABILITY CLAUSE. Voting "Aye" - Councilmembers Weber, Frank, and Wolff. Voting "No" - None Motion passed 3 to 0, with Councilmember Colson absent from the Cham- bers and Councilmember Miller serving as Mayor Pro Tem. Councilmember Colson returned to the Chambers at this time. ORDINANCE NO. 625, ESTABLISHING SPEED ZONES ALONG A PORTION OF STATE HIGHWAY 35, DECLARING AN EMERGENCY AND PROVIDING A PENALTY FOR VIOLA- TION THEREOF Ordinance No. 625 was read in caption by Councilmember Weber. (First and only reading) It was moved by Councilmember Weber, seconded by Councilmember Colson, that Ordinance No. 625 be passed and approved on its first and only reading. Said Ordinance No. 625 reads in caption as follows: ORDINANCE NO. 625 AN ORDINANCE ESTABLISHING PRIMA FACIE SPEED LIMITS PURSUANT TO ARTICLE 6701D, VERNON'S TEXAS CIVIL STAT- UTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A 33 PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND CODIFICATION; AND DECLARING AN EMERGENCY AS THE NECESSITY OF HAVING CORRECT SCHOOL ZONES BEARS IMMEDIATELY AND DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CHILDREN OF THE CITY OF PEARLAND, TEXAS. Voting "Aye" - Councilmembers Weber, Frank, Colson, and Wolff. Voting "No" - None. Motion passed 4 to 0, with Mayor Pro Tem Miller not voting. RESOLUTION NO. R92-10, AUTHORIZING A CONTRACT FOR PROFESSIONAL SERV- ICES BETWEEN INCHLOR SERVICES, INC. AND THE CITY Resolution No. R92-10 was read in caption by Councilmember Colson. City Manager Erwin informed Council this action was predicated by rules set by the Environmental Protection Agency and Texas Water Commission pursuant to dechlorination at our water treatment plants. Inchlor has provided plans and specifications which have been approved by the Texas Water Commission. Funds are available to have this system installed at the Longwood plant. It was moved by Councilmember Colson, seconded by Councilmember Wolff, that Resolution No. R92-10 be passed and approved on its first and only reading. Said Resolution No. R92-10 reads in caption as follows: RESOLUTION NO. R92-10 A RESOLUTION AUTHORIZING AND APPROVING A CONTRACT FOR PROFESSIONAL SERVICES BY AND BETWEEN INCHLOR SERVICES, INC. AND CITY OF PEARLAND, TEXAS. In discussion, it was determined the cost of this service is $22,275.00. It was noted that this company is not local and City Manager Erwin reported that local firms were asked to submit esti- mates. Upon call for the question Council voted as follows: Voting "Aye" - Councilmembers Weber, Frank, Colson, and Wolff. Voting "No" - None. Motion passed 4 to 0, with Mayor Pro Tem Miller not voting. AUTHORIZATION FOR TEMPORARY CLOSURE OF ORANGE STREET FROM MYKAWA TO THE RAILROAD CROSSING DURING PERIOD OF CONSTRUCTION Council discussed the closure of this street as well as the appropri- ate speed during construction when storm sewer pipe will be installed along the center of the road. It was moved by Councilmember Frank, seconded by Councilmember Weber, that authorization be given to lower the speed limit to 25 mph and close Orange Street during the period of construction from Mykawa to the railroad crossing. It was suggested the motion be amended to have authorization for this reduced speed and street closure beginning April 13th. Maker and seconder agreed to so amend the motion. Motion passed 4 to 0, with Mayor Pro Tem Miller not voting. RATIFICATION OF PERSONNEL ACTION BY THE CITY MANAGER Mayor Pro Tem Miller advised this item would be passed until after 34 Executive Session. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:00 P. M. UNDER TEXAS RE- VISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Pro Tem Miller read from the posted agenda the following topics to be discussed in Executive Session: UNDER SUBSECTION (g) PERSONNEL - 1) Discussion with consultant regard- ing filling of city engineer's position; 2) Hearing with Barry Lastik and his attorney; and 3) Discussion and presentation of personnel action taken by the city manager with respect to city employees. MEETING RETURNED TO OPEN SESSION AT 10:45 P. M. NEW BUSINESS: Continued RATIFICATION OF PERSONNEL ACTION BY THE CITY MANAGER City Manager Erwin asked for Council's ratification of his termination of Barry Lastik, Parks Superintendent. It was moved by Councilmember Frank, seconded by Councilmember Colson, that this termination be ratified by Council. Voting "Aye" - Councilmembers Weber, Frank, Colson, and Wolff. Voting "No" - None. Motion passed 4 to 0, with Mayor Pro Tem Miller not voting. ADJOURN The meeting adjourned at 10:47 P. M. Minutes approved as submitted and/or corrected this /_3 day of A. D., 1992. 01 Mayor ATTEST: City Secret y