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1990-11-26 CITY COUNCIL REGULAR MEETING MINUTES26 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 26, 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 Richard Tetens Randy Weber William Wolff D. A. Miller James DeShazer Lester Rorick Kay Krouse The Invocation was given by Councilmember Richard Tetens. The Pledge of Allegiance was led by Councilmember Randy Weber. APPROVAL OF MINUTES It was moved by Councilmember Weber, seconded by Councilmember Tetens, that the Minutes of the Special Meeting of November 1, 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 Regular Meeting of November 5, 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 Joint Public Hearings held on November 19, 1990 be approved as presented. Motion passed 5 to 0. CHANGE IN THE ORDER OF BUSINESS COUNCIL ACTIVITY REPORTS Councilmember Wolff reported that some of the Water Department personnel have installed the gasoline -driven emergency pump at the pump station behind the Chamber of Commerce building and he feels that this is an asset, whereby operations can be continued during adverse conditions. This will offer our people the water service they need for both domestic supply and firefighting. Councilmember Weber reported attending an informative meeting on November 16 at which representatives from the State Highway Department were present to discuss their plans around the Pearland area. Councilmember Weber reported that he has advised the City Manager about a request for street repair on Lethbridge. Councilmember Smith reported attending the monthly meeting of the Clover Field Airport Committee which is moving forward with the firm doing the final study for the airport. He reported attending the Clear Creek Watershed meeting and that work is progressing on the final stage of the study that is funded by the Texas Water Commission. Councilmember Smith reported attending the Clean Pearland Board meeting and at that meeting concerns were expressed about the need to fill the position of Clean Pearland Coordinator. Councilmember Smith reported attending the Drainage District No. 4 meeting this morning. At that meeting the Drainage District passed a Resolution stating they supported the engineering study to be 27 done for drainage improvements to the Corrigan North and South and Willowcrest Subdivisions, and would like to participate in the construction work that needed to be done. Councilmember Smith remarked that he was disappointed that an action item authorizing this engineering study was not on the Agenda for this evening's meeting. Mayor Coppinger informed that he had been advised by the City Manager that the City Engineer had not had an opportunity to review the preliminary survey made by the engineering firm. Councilmember Tetens reported attending the Brazoria County Cities Association meeting on November 21 and that a very informative program was presented. 1 ' Councilmember Miller reported attending the November 16 meeting at which the Highway Commissioner spoke about future highways and road systems in the State of Texas. He reported attending the Parks Board meeting on November 17. Councilmember Miller expressed his concerns, and that of other citizens he has heard from, regarding the traffic situation at the roadway intersection of McLean and Walnut and the probable traffic problems soon to occur in the area around the new high school. DEPARTMENTAL REPORTS City Manager Jim DeShazer reported that he has been in contact with the lady from the traffic engineering firm hired by the State to conduct a survey regarding the installation of traffic signal lights on Highway 35 at the new high school. She informed she had a copy of the letter he had sent the Highway Department giving the information received from the School Superintendent regarding the estimated number of vehicles coming in and out of the school area. She also informed that they will be looking at a left turn lane off of the southbound side of the traffic and that they will be notifying us when the survey is completed. In response to a question by Councilmember Miller, City Manager DeShazer informed that there is a 60' right-of-way, dedicated by the previous owner of the property, that comes off of HWY 35, but only goes to the end of the school property and does not lead to another road. MAYOR'S ACTIVITY REPORT Mayor Coppinger informed, and presented copies to the Council, that he has put together a list entitled "Looking Ahead" which listed 19 items for Council consideration, review and/or possible action in 1991. Mayor Coppinger informed that he and Councilmember Smith were on the Chamber of Commerce Infrastructure Committee which has prepared a map that shows several options for improving traffic conditions in our community. A meeting has been arranged for December 18 with area Mayors, County Commissioners and the District Engineer with the State Highway Department for the review of these options. After this, the options will be presented for public review. Mayor Coppinger advised that he would like Council to review the 19 items with the possibility of workshopping some of them in January, along with the goals and objectives reports prepared by the City department heads. Mayor Coppinger reported attending a meeting of the Green Tee Homeowners Association and that they were still concerned about traffic in their area. In response to the question by the Mayor, City Manager DeShazer responded that the City crews have installed stop signs in Green Tee and since that time they have had to replace them six times. When called upon by the Mayor, Mary Hickling, Human Resource Coordinator, reported on the City's participation in the recent United Way Campaign. Mayor Coppinger advised that he would like to thank the City Staff for their help in entertaining, in the Council Chambers, 160 fourth-grade students from Shadycrest Elementary School on November 19. When called upon by the Mayor, City Manager DeShazer gave a report about a recent letter received from the Texas Department of Health concerning the monitoring wells at our landfill site. Mayor Coppinger issued two proclamations proclaiming Saturday, December 1, 1990 as "Dr. Effie Davis - Eastern Star Day" and "Graham Childress - Eastern Star Day". Accepting the proclamations were three members of the local Eastern Star organization. CITI$ - NONE DOCKETED PUBLIC HEARING NO. 1 PURPOSE OF THE HEARING: REQUEST BY SUNSET MEADOWS JOINT VENTURE, RUSSELL D. PLANK, JOINT VENTURER, FOR APPROVAL OF ABANDONMENT OF A PORTION OF CHESTERWOOD DRIVE IN SUNSET MEADOWS SUBDIVISION. SPEAKING FOR THE PROPOSED REQUEST: 1. Russell D. Plank, 6335 Gulfton, Houston. Mr. Plank explained that when Sunset Meadows Joint Venture took over the development of the subdivision, formerly called Nasawood, there was an old roadway coming up from Friendswood called Chester Drive that entered the subdivision. At that time the City of Friendswood did not want the roadway to go through and so barricades were built across the roadway, along the County line. As Sunset Meadows developed, the Friendswood residents in that area, wanting to be assured that the roadway would not be opened at any time in the future, filed a lawsuit. They have worked out a settlement which involves the replatting of this small area of the subdivision by eliminating the roadway and adding a lot. They are requesting approval from the Council to abandon this small portion of right-of-way, Mr. Plank advised. SPEAKING AGAINST THE REQUEST: No one present spoke against this request. QUESTION AND ANSWER PERIOD: City Manager Jim DeShazer informed that the City Staff has been negotiating with Mr. Plank and his engineer on this abandonment. The developer has agreed to the installation of additional streetlights within the Sunset Meadows Subdivision and will incur all costs related to this, as well as the costs for any relocation of utilities that would be involved in the replat. THE PUBLIC HEARING WAS ADJOURNED COMPLETE TAPE OF THE HEARING IS ON FILE IN THE OFFICE OF THE CITY SECRETARY UNFINISHED BUSINESS - NONE NEW BUSINESS COUNCIL DECISION ON REQUEST FOR ABANDONMENT OF A PORTION OF CHESTERWOOD DRIVE IN SUNSET MEADOWS SUBDIVISION It was moved by Councilmember Wolff, seconded by Councilmember Smith, that a portion of Chesterwood Drive, as requested by Mr. Plank, be deleted from the street plan of the City of Pearland, and reversion of that land go to him, and that the City Attorney be instructed to prepare the necessary papers for this action. Motion passed 5 to 0. COUNCIL DECISION ON APPLICATION NO. 20, REQUEST OF CHARLES E 2ICH, AGENT, FOR ZONE CHANGE FROM GENERAL BUSINESS (GB) TO COMMERCIAL (C) ON LOTS 1 THROUGH 48, BLOCK 21, PEARLAND TOWNSITE Councilmember Wolff read the following report from the Planning and Zoning Commission: November 20, 1990 Honorable Mayor and City Council City Hall Pearland, Texas 77588 Gentlemen: At their meeting held after the Joint Public Hearing on November 19, 19901 the Commission considered Application No. 20, request of Charles Ermerich, Agent ma for various owners named in the application, for an amendment to the Land Use and Urban Development Ordinance of the City, from classification General,Business to Commercial on property bounded by the 2400 Block of S. Main, the 3900 Block of E. Broadway, the 2400 Block of S. Houston, and the 3900 Block of E. Pear. It was moved by Benny Frank, seconded by Clyde Starns, that recommendation be made to Council to approve Application No. 20, request to change the entire aforementioned block from General Business to Commercial. Motion passed 6 to 0. This is submitted for your consideration. Sincerely yours, /s/ Al Lentz Chairman, Planning & Zoning AL: pi It was moved by Councilmember Wolff, seconded by Councilmember Miller, that the City Attorney be authorized to prepare the necessary ordinance amending the Land Use and Urban Development Ordinance for a zone change from General Business to Commercial. Motion passed 5 to 0. COUNCIL DECISION ON SPECIFIC USE PERMIT NO. 20, GEORGE LEE RUSH, JR., AGENT, REQUEST FOR SPECIFIC USE PERMIT FOR UNSCHEDULED AND NEW COMMERCIAL USE (OPERATION OF AN OILFIELD SERVICE COMPANY) ON PROPERTY LOCATED AT 1323 N. MAIN Councilmember Weber read the following report from the Planning and Zoning Commission: November 20, 1990 Honorable Mayor and City Council City Hall Pearland, Texas 77588 Gentlemen: At their meeting held after the Joint Public Hearing on November 19, 1990, the Commission considered Specific Use Permit No. 20, George Lee Rush, Jr., Agent for Patricia Rowe, Owner, request for a Specific Use Permit for unscheduled and new commercial use (operation of an oilfield service company) on property located at 1323 N. Main. It was moved by Clyde Starns, seconded by Benny Frank, that recommendation be made to Council to approve this Specific Use request. As part of his motion, Commissioner Starns expressed the hope that the oilfield service company would pr6vid'44 some type of additional landscape screening at the property line as proposed by the adjacent cemetery management. Motion passed 6 to 0. This is submitted for your consideration. Sincerely yours, /s/ Al Lentz Chairman, Planning & Zoning AL: pi It was moved by Councilmember Weber, seconded by Councilmember Miller, that the City Attorney be instructed to prepare the necessary ordinance amending the Land Use and Urban Development Ordinance to grant the Specific Use request. At the request of Councilmember Wolff, the maker and seconder agreed to amend the motion to include the stipulation that some type of additional landscape screening 29 UL be put in by the oilfield company along the property line that separates their property with that of the abutting cemetery property. Motion passed 5 to 0. RATIFICATION OF CITY MANAGER'S APPOINTMENT OF P. M. HOGG AS CHIEF OF POLICE OF THE PEARLAND POLICE DEPARTMENT City Manager DeShazer explained that the previous Police Chief Randy Garner resigned back in October to pursue his educational endeavors. Applications were received for the position and the screening committee, consisting of himself and Councilmembers Smith and Miller, reviewed about 32 applications and interviewed the considered top five individuals. At this time, Mr. DeShazer informed, he would like to recommend that Mr. Phillip Michael Hogg be appointed as Chief of �.. Police of the Pearland Police Department. It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Council ratify the appointment of Mr. Phillip Michael Hogg as Chief of Police of the City of Pearland beginning December 1, 1990. Motion passed 5 to 0. Mr. Hogg expressed his appreciation to the Council and the City Manager for his appointment and introduced his wife and daughter who were present with him. MEETING RECESSED AT 8:15 P. M. MEETI NG RECONVENED AT 8:26 P. M. RESOLUTION NO. R90-28, RESOLUTION CHANGING THE TWO REGULAR MEETING DATES OF THE PEARLAND CITY COUNCIL IN DEER, 1990, DUE TO THE CHRISTMAS HOLIDAYS. Resolution No. R90-28 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Resolution No. R90-28, changing the two regular meeting dates in December to December 3 and December 17 at 7:30 P. M., be approved on the first and only reading. Said Resolution No. R90-28 reads in caption as follows: RESOLUTION NO. R90-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE TWO REGULAR MEETING DATES IN DECEMBER, 1990, DUE TO THE CHRISTMAS HOLIDAYS. Voting "Aye" - Councilmember Miller, Tetens, Smith, Weber and Wolff. Voting "No" - None Motion passed 5 to 0. RECEIVE INTO RECORDS THE RECOrMENDATIONS FROM THE PLANNING AND ZONING COMMISSION CONCERNING PROPOSED AMENDMENTS TO THE SIGN ORDINANCE COUNCIL DECISION ON PROPOSED AMENDMENTS TO THE SIGN ORDINANCE Councilmember Tetens read the following report from the Planning and Zoning Commission: October 31, 1990 Honorable Mayor and Councilmembers Pearland City Hall Pearland, Texas 77588 Gentlemen: At their meeting held on October 23, 1990, the Planning and Zoning Commission considered the proposed amendments to the Sign Ordinance subsequent to the joint workshop recently held with City Council. 31 These final recommendations, which are a culmination of all previous recommendations, are shown to the right of Sign Ordinance 509-A (copy attached). It was moved by Benny Frank, seconded by Helen Beckman, that these recommendations be submitted to Council for amendment to the Sign Ordinance. Motion passed 7 to 0. It is the consensus of the Commission that the revisions noted in the attached document will best serve the needs of the whole community and the Commission respectfully recommends their adoption. Sincerely yours, /s/ Al Lentz Chairman, Planning & Zoning AL/EB:pi It Y''moved by Councilmember Tetens, seconded by Councilmember Wolff, that the Council accept into the records the recommended amendments to the Sign Ordinance submitted by the Planning and Zoning Commission, and that the City Attorney be instructed to prepare the necessary ordinance for the proposed amendments to the Sign Ordinance. Motion passed 3 to 2. Councilmembers Weber and Miller voted against. ORDINANCE NO. 224-9, ORDINANCE AMENDING PORTION OF BUILDING CODE, FOR THE PURPOSE OF PROVIDING AN EXCEPTION TO REQUIREI4Er1TS FOR 2 -HOUR FIRE RESISTANT TENANT SEPARATION IN CERTAIN SPECIFIED BUILDING GROUPS AND PROVIDING FOR A PENALTY FOR VIOLATION THEREOF. City Manager DeShazer explained that this amendment to the Building Code makes an exception to the tenant separation for Group S buildings, which is mini -storage. The exception proposed is that non -fire rated partitions may be used to separate tenants provided no area between partitions rated at 2 -hour or more exceeds 3000 sq. ft. Ordinance No. 224-9 was read in caption by Councilmember Miller. (First Reading) It was moved by Councilmember Miller, seconded by Councilmember Tetens, that Ordinance No. 224-9 be passed and approved on the first of two readings. Said Ordinance No. 224-9 reads in caption as follows: ORDINANCE NO. 224-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CODE OF ORDINANCES AT SECTION 403.4.1 FOR THE PURPOSE OF PROVIDING AN EXCEPTION TO REQUIREMENTS FOR 2 -HOUR FIRE RESISTANT TENANT SEPARATION IN CERTAIN SPECIFIED BUILDING GROUPS; PROVIDING A PENALTY FOR VIOLATION THEREOF; CONTAINING A SAVINGS CLAUSE, AND A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber and Wolff. Voting "No" - None Motion passed 5 to 0. RESOLUTION NO. R90-29, RESOLUTION SUPPORTING A LEGISLATIVE BILL FOR THE CREATION OF A SOLID WASTE AUTHORITY FOR BRAZORIA COUNTY Fran Coppinger, Vice -Chairperson of the Brazoria County Solid Waste Management Task Force presented Council copies of the final report of the task force, which was appointed by the Commissioner's Court in November, 1989, and reviewed the findings and recommendations made by the Task Force over the past year. Mrs. Coppinger informed that H -GAC will be holding public hearings in each county in doing their Regional Solid Waste Plan and the date for the Brazoria County hearing is_Decembex 4 at 2:00 P.M. in the Commissioner's Court. Resolution No. R90-29 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Resolution No. R90-29 be passed and approved on the first and only reading. Said Resolution No. R90-29 reads in caption as follows: RESOLUTION NO. R90-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING A LEGISLATIVE BILL FOR THE CREATION OF A SOLID WASTE AUTHORITY FOR BRAZORIA COUNTY. Voting "Aye" - Councilmembers Miller, Tetens, Smith and Weber. Voting "No" - Councilmember Wolff. Motion passed 4 to 1. ORDINANCE NO. 602, ORDINANCE SUSPENDING THE OPERATION OF THE PROPOSED SCHEDULE OF RATES FOR ELECTRIC UTILITY SERVICE FILED BY HOUSTON LIGHTING AND POWER COMPANY Ordinance No. 602 was read in caption by Councilmember Wolff. (First Reading) It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Ordinance No. 602 be passed and approved on the first of two readings. Said Ordinance No. 602 reads in caption as follows: ORDINANCE NO. 602,; vc7 ' . _. . AN ORDINANCE SUSPENDING THE OPERATION OF THE PROPOSED SCHEDULE OF RATES FOR ELECTRIC UTILITY SERVICE FILED BY HOUSTON LIGHTING AND POWER COMPANY; CONTAINING FINDINGS AND OTHER PROVISIONS RELATED TO THE SUBJECT; PROVIDING FOR A REPEALING CLAUSE, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens and Miller. Voting "No" - None Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:07 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Coppinger read from the posted agenda the topics to be discussed in Executive Session this evening. MEETING RETURNED TO OPEN SESSION AT 10:01 P. M. - NO ACTION TAKEN Mayor Coppinger read the following items that were discussed in Executive Session and signed a certification to that effect: UNDER SUBSECTION (e) LEGAL - The City Attorney had a discussion with the City Council regarding certain pending litigation, viz: Beaty v City of Pearland and Ferguson v City of Pearland. UNDER SUBSECTION (g) PERSONNEL - A consultation was held between the City Manager and the City Council regarding the duties of the Office of the City Manager. ADJOURN The meeting adjourned at 10:02 P. M. of Minutes approved as submitted and/or corrected this —"Y-- da Y A.D., 1990. 25, Mayor ATTEST: City Se etary 33