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1990-09-24 CITY COUNCIL REGULAR MEETING MINUTESrd MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAK AND, TEXAS HELD ON SEPTEMBER 24, 1990, 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 Councilmember/Mayor Pro Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary INVOCATION AND PLEDGE; OF ALLEGIANCE C. V. (Vic) Coppinger David Smith D. A. Miller Randy Weber Richard Tetens William Wolff James DeShazer Lester Rorick Kay Krouse The Invocation was given by Councilmember David Smith. The Pledge of Allegiance was led by Councilmember William Wolff. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the Minutes of the Regular Meeting of September 10, 1990, be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the Minutes of the Special Meeting of September 12, 1990 be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that the Minutes of the Regular Meeting of September 14, 1990, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger issued a proclamation designating Saturday, September 29, 1990, as the "Knights of Columbus Day for the Hearing Impaired". Accepting the proclamation were members of the Knights of Columbus Council No. 8960. Mayor Coppinger issued a proclamation naming Falk Kuehnel, an exchange student from West Germany, as "Honorary Citizen of Pearland". Mayor Coppinger recognized from the audience members of a Government class from Pearland High School. Mayor Coppinger reported accepting on behalf of the City of Pearland a Certificate of Appreciation from PAF Industries at their open House on September 19. Mayor Coppinger advised that with Council concurrence the City would endorse the month of October as "Domestic Violence Awareness Month", which is sponsored by the Women's Center of Brazoria County. COUNCIL ACTIVITY REPORTS Councilmember Wolff extended a welcome, in German, to the West German visitor, Falk Kuehnel. Mr. Kuehnel responded in kind. Councilmember Weber reported participating in the Founders' Day celebration on September 15 in which he was a recipient of a lime pie in the face. In additon he commended the Pearland Jaycees on their very worthwhile efforts for this celebration. He reported attending the Drainage District meeting this morning and commended Councilmember Smith for his diligent efforts on the drainage for Corrigan Subdivision and other drainage items around the town. He reported receiving a citizen complaint about why Cherry Street, between Mykawa and Woody, was not black topped. He was also asked by a citizen if Pearland had a "No Smoking Ordinance" covering stores and shopping areas in the City. Councilmember Smith reported receiving a coconut pie in the face during the Founders' Day activities. He informed that the Engineer has completed the draft of the work in the Corrigan Subdivision and will be presenting this to the Drainage District's Engineer and 'our 'City Engineer 'for their review. In conclusion, he reported that an E.M.S. ambulance was involved in an accident yesterday, sending the driver to the hospital. She has since been released and has a cast on her leg. Councilmember Tetens reported distributing a letter to all the Council from Mrs. Alma Nolen concerning a problem with drainage that needs to be taken care of. He reported attending the Brazoria County Cities Association meeting in Danbury on September 19 at which a very informative program was given concerning the Adult Probation Department and the Criminal Justice System. Councilmember Miller reported participating in the Founders' Day parade and activities and receiving a lemon pie in the face. The money raised in the pie throwing event was donated to a worthy cause, Councilmember Miller informed. He reported attending the PAF Industries' employer symposium during the day on September 19. He reported attending the B.C.C.A. meeting in Danbury, at which a proclamation was approved by the participating cities of B.C.C.A. which condemns and objects to the early release of people in our jails and prison systems. This proclamation will be sent to the appropriate State and Court officials. City Manager Jim DeShazer reported attending on September 14 the City of Houston meeting regarding the Houston Lighting & Power proposed rate increase. This meeting was basically to encourage all the surrounding cities into joining the Coalition of Cities and also to update the cities on actions taken thus far. City Manager DeShazer reported attending, along with City Engineer Dick Qualtrough, a meeting with the Texas Water Commission in Austin on September 20. This meeting concerned an application for a grant made by the Clear Creek Watershed Committee for Phase 2 of their project, and this grant was approved by the Commission in the amount of $405,000.00. In response to the question about why Cherry Street, between Mykawa and Woody, was not black topped, Mr. DeShazer informed that this street was not on the list for rehabilitation in this year's program. City Manager DeShazer mentioned that he has reviewed a memorandum from Vinson and Elkins regarding our bond refund issue and checked the figures listed against those presented at the meeting authorizing the sale of these bonds. In final form this document will be presented for the Mayor's signature. City Manager DeShazer reported that the preliminary census figures received for the City of Pearland were 18,645. In reviewing the information, Staff found that Springfield and Sunset Meadows subdivisions were left out. We are doing some research in both of these areas and we feel those are items we need to challenge. Also, we were estimating count based on 3.5 persons per residence and learned the Government was using 2.7 persons per residence. Councilmember Smith informed that the money for the work on Clear Creek is coming from State grant money with matching funds from the Harris County Flood Control District. CITIZENS 1. Mrs. Ivy, 5201 Shank Road. Mrs. Ivy spoke once again about conditions on Shank Road. She requested the culvert on the other side of Houston Pipeline Co. on Mykawa Road be replaced for proper drainage along Shank, and questioned when the tanks of water being stored at Solvents and Chemicals were to be removed. City Manager DeShazer informed that there was no time limit in the contract between Solvents and Chemicals and the City for them to dispose of the water. The City is still waiting for their first delivery. 41 T DOCKETED PUBLIC HEARINGS - NONE UNFINISHED BUSINESS With Council concurrence Mayor Coppinger appointed Councilmembers Smith and Miller as members of a screening committee for reviewing applications for the Police Chief position. With Council concurrence Mayor Coppinger appointed Councilmember Smith as Council Liaison to the Clean Pearland board. NEW BUSINESS RESOLUTION NO. R90-23, RESOLUTION DESIGNATING REPRESENTATIVES TO HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY FOR 1991 Resolution No. R90-23 was read in its entirety by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Resolution No. R90-23 be passed and approved on the first and only reading, appointing Mayor Vic Coppinger as Representative and Councilmember Randy Weber as Alternate to the Houston -Galveston Area Council General Assembly for 1991. Said Resolution No. R90-23 reads in caption as follows: RESOLUTION NO. R90-23 DESIGNATION OF REPRESENTATIVES TO HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY FOR 1991. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber and Wolff. Voting "No" - None Motion passed 5 to 0. RESOLUTION NO. R90-24, RESOLUTION AUTHORIZING MAYOR TO F.XEWTE CONTRACT WITH THE JOURNAL, TO SERVE AS THE CITY'S OFFICIAL NEWSPAPER Resolution No. R90-24 was read in its entirety by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Wolff, that Resolution No. R90-24 be passed and approved on the first and only reading. Said Resolution No. R90-24 reads in caption as follows: RESOLUTION NO. R90-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS; AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BY AND BE'T'WEEN THE CITY OF PEARLAND AND THE JOURNAL. Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens and Miller. Voting "No" - None Motion passed 5 to 0. ADJUSTMENTS TO THE 1989-90 BUDGET City Manager Jim DeShazer explained the following items that the City's Auditor recommended be adjusted in the 1989-90 Budget: GENERAL FUND 5615-1010 Council Contingency 5511-1010 Special Service Mayor & Council 5530-3360 Dental Insurance $8,648.65 $2,304.67 $10,953.32 WATER & SEWER 8575-4000 Water Revenue $100,000.00 5302-4400 Water & Sewer Lines $100,000.00 It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Council adjust the 1989-90 Budget as follows: in the General Fund, move $10,953.32 from 5615; $8,648.65 to line item 5511 and $2,304.67 to line item 5530; and in the Water & Sewer, transfer $100,000.00 from 8575 to line item 5302. Motion .passed 5 to 0. ENCUMBRANCE OF FUNDS FROM 1989-90 BUDGET TO 1990-91 BUDGET City Manager DeShazer explained to Council the following items he is recommending be encumbered from the 1989-90 Budget to the 1990-91 Budget: FT 05 - - Police 3102-2210 Supervisor Salaries $84,500 3103-2210 Clerical & Officers 10,000 $94,500 For: CAD $50,000 2 Cars 34,500 Salary Adjustment 10,000 1270-0001 Grant For: CAD CondfflMy Services 6583-3320 Miscellaneous For:. Recycle Equipment Park 6576-3390 Park Improvements For: Parking Lot - McLean Park City Garage 6523-3330 Building For: Awning Street & Drainage 5304-3370 Street Maintenance $25,000 4213-3370 Paving & Drainage Supplies 351000 For: Streets & Sidewalks Fire Department 6583-2220 Miscellaneous For: Bunker Coats & Pants $18,139 $20,000 $ 7,140 $11,808 $60,000 $ 5,211 It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Council encumber the following funds from the 1989-90 Budget to the 1990-91 Budget: $94,500 out of the Police Department budget and the grant money in the amount of $18,139; out of the Connunity Services account, $20,000; out of the Park Department, $7,140; the building fund for the City Garage, $11,808; Street & Drainage, $60,000; and the Fire Department miscellaneous fund, $5,211. In general Council discussion it was determined that the parking lot at McLean Park as well as the Hike and Bike Trail were important projects that needed to be done. Councilmember Smith moved to amend his motion to put the parking lot at McLean Park and the sidewalk along Liberty Drive from Shadybend to the Park as priority items in the encumbering of these funds. Amended motion was seconded by Counc i lmember Wolff. Motion passed 5 to 0. DISCUSSION CONCERNING CITY PARTICIPATION IN THE COALITION OF CITIES REGARDING THE HOUSTON LIGHTING AND POWER COMPANY PROPOSED RATE INCREASE Mr. Ted Shannon, District Manager of Houston Lighting & Power Company, explained that last June the Public Utility Commission issued their final order for the first phase of a three phase rate case that was filed by HL&P in November 1988. The PUC found that 86 percent of the South Texas Project was recoverable through rates which granted $227 million of the original request. Additionally they made a preliminary statement whereby they feel that HL&P should be allowed to recover an additional $180 million in Phase II and an additional $150 million in Phase III. At that time they encouraged HL&P to negotiate a possible mutual agreement of the phases with the affected cities. Therefore, HL&P is encouraging the cities to join together as one with the City of Houston in this coalition and participate in the rate case process. RESOLUTION NO. R90-25, RESOLUTION AUTHORIZING THE CITY TO PARTICIPATE IN THE COALITION OF CITIES FOR THE PURPOSES OF INVESTIGATING, EVALUATING, AND PRESENTING EVIDENCE IN REGARD TO THE PROPOSED HL&P COMPANY APPLICATION FOR INCREASED RATES Resolution No. R90-25 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Smith, that Resolution No. R90-25 be passed and approved on the first and only reading. Said Resolution No. R90-25 reads in caption as follows: RESOLUTION NO. R90-25 A RESOLUTION AUTHORIZING THE CITY OF PEARLAND TO PARTICIPATE IN THE COALITION OF CITIES FOR THE PURPOSES OF INVESTIGATING, EVALUATING, AND PRESENTING EVIDENCE IN REGARD TO THE PROPOSED HOUSTON LIGHTING AND POWER COMPANY APPLICATION FOR INCREASED RATES; AUTHORIZING, IF NECESSARY, THE INTERVENTION OF THE COALITION OF CITIES IN ANY PROCEEDING BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS IN CONNECTION WITH THE REVIEW OF ANY RATE PROCEEDING INSTITUTED WITH REGARD TO THE PROPOSED APPLICATION FOR INCREASED RATES; AUTHORIZING THE CITY ATTORNEY OF THE CITY OF HOUSTON TO REPRESENT THE COALITION OF CITIES IN ANY PREFILING DISCUSSIONS AND IN ANY PROCEEDING BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS IN REGARD TO THE PROPOSED APPLICATION FOR INCREASED RATES; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber and Wolff. Voting "No" -- None Motion passed 5 to 0. The meeting adjourned at 8:50 P. M. Minutes approved as submitted and/or corrected this day of GC A.D., 1990. ATTEST: 7c�� 7Z,6o�� City Seciffetary POM z