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1990-12-03 CITY COUNCIL REGULAR MEETING MINUTES34 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECKER 3, 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 L. Smith Randy K. Weber D. A. Miller 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 D. A. Miller. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the Minutes of the Regular Meeting of November 26, 1990 be approved as presented. Motion passed 5 to 0. CHANGE IN THE ORDER OF BUSINESS COUNCIL ACTIVITY REPORTS Councilmember Miller reported receiving a call from a citizen who was concerned about other people in the community who are dumping leaves and brush in ditches and in our sewer systems. Councilmember Miller stated he would like to again advise all citizens to please refrain from putting yard debris into our sewer systems. Councilmember Weber informed that he has heard from teachers at the High School and Junior High who had nothing but praise for the Pearland Police Department for the manner in which they handled the "guy on the loose" last week. Councilmember Wolff reported receiving documentation from the City Manager of Fayetteville, Arkansas, showing steps that their city went through starting up a recycling program and he will pass this on to our City Manager. Councilmember Wolff reported that the majority of the ditch along Old Alvin Road, from near HWY 35 to Walnut Street, has now been filled in and is no longer a hazard to the driving public. Councilmember Wolff reported that the pump installation is now complete at the water plant and they will be putting an exhaust in the roof and then everything should be in order and ready for hurricane season. In response to a question by the Mayor, Councilmember Smith responded that the City furnished the drainage pipe for the project along Old Alvin Road and the County crews completed the installation of the pipe. Councilmember Smith requested that the signs around town, indicating that the road projects were a joint effort of the City and Commissioner Billy Joe Plaster's crews, be moved over to Magnolia. DEPARTMENTAL REPORTS City Manager Jim DeShazer informed that the City Secretary has submitted her resignation, effective January 4, 1991. 35 MAYOR'S ACTIVITY REPORT Mayor Coppinger informed that an invitation has been extended to Council to attend the C.H.I.C.K.E.N. Club presentation at the Sam Jamison Middle School on Tuesday, December 11 at 9:00 A.M. Mayor Coppinger thanked all who participated in the erecting and the lighting of the Christmas tree at City Hall. Mayor Coppinger reported that he had invited School Superintendent Preston Bullard to attend the next Council meeting and discuss with Council the things that need to be done in preparation for the opening of the new high school. Mayor Coppinger issued a proclamation proclaiming the week of January 13-19, 1991 as "Veterans Entitlement Education Week". Nell and Winston Fuller accepted the proclamation. CITIZENS 1. Dr. Bobby Stevener, 1905 Sleepy Hollow Dr. Dr. Stevener spoke about all the mer:t-of composting and stated he was very much opposed to grass clippings, leaves and,': -other lawn debris being discarded and sent to landfills. He stated he felt the City should attempt to educate its citizens about the advantages of composting. 2. Keith Bonner, 2214 Willow. Mr. Bonner spoke on behalf of the Willowcrest Civic Club and presented a petition signed by over 300 homeowners. They expressed concern over the study for drainage improvements in Corrigan South and requested Council to consider the flooding problem as a problem to the whole West side of Pearland, not a single problem with one subdivision. I IN 3�N0;6201.114tow,I5ilc��tc���t�)�1 UNFINISHED BUSINESS ORDINANCE NO. 224-9, ORDINANCE AMENDING PORTION OF BUILDING CODE, FOR THE PURPOSE OF PROVIDING AN EXCEPTION TO REQUIREMENTS FOR 2 -HOUR FIRE RESISTANT TENANT SEPARATION IN CERTAIN SPECIFIED BUILDING GROUPS AND PROVIDING FOR A PENALTY FOR VIOLATION THEREOF Ordinance No. 224-9 was read in caption by Councilmember Miller. (Second Reading) It was moved by Councilmember Miller, seconded by Councilmember Tetens, that Ordinance No. 224-9 be passed and approved on the second and final reading. 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 7-13.1 ADOPTING SECTION 403.4.1 OF THE STANDARD BUILDING CODE 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. ORDINANCE NO. 602, ORDINANCE SUSPENDING THE OPERATION OF THE PROPOSED SCHEDULE OF RATES FOR ELECTRIC UTILITY SERVICE FILED BY HOUSTON LIGHTING AND POUER COMPANY -;-Ordinance No. 602 was read in caption by Councilmember Tetens. (Second Reading) t was moved by Councilmember Tetens, seconded by Councilmember Smith, that Ordinance No. 602 be passed and approved on the second and final reading. Said Ordinance No. 602 reads in caption as follows: 36 ORDINANCE NO. 602 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 Miller, Tetens, Smith, Weber and Wolff. Voting "No" - None Motion passed 5 to 0. NEW BUSINESS ORDINANCE NO. 603, ORDINANCE VACATING, CLOSING AND ABANDONING A CERTAIN RIGHT-OF- WAY CONSTITUTING A PORTION OF CHESTERWOOD DRIVE IN SUNSET MEADOWS SUBDIVISION Ordinance No. 603 was read in caption by Councilmember Smith. (First Reading) It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 603 be passed and approved on the first of two readings. Said Ordinance No. 603 reads in caption as follows: ORDINANCE NO. 603 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, VACATING, CLOSING AND ABANDONING A CERTAIN RIGHT-OF-WAY -. CONSTITUTING A PORTION OF CHESTERWOOD DRIVE IN SUNSET MEADOWS SUBDIVISION, PEARLAND, BRAZORIA COUNTY, TEXAS. Voting "Aye" - Councilmembers Weber, Wolff, Miller, Tetens and Smith Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 509-24, ORDINANCE AMENDING LAND USE AND URBAN DEVELOPMENT ORDINANCE, CHARLES EMMERICH, AGENT, ZONE CHANGE FROM GENERAL BUSINESS TO COMMERCIAL, BLOCK 21, LOTS 1-48, PEARLAND TOWNSITE. Ordinance No. 509-24 was read in caption by Councilmember Weber. (First Reading) It was moved by Councilmember Weber, seconded by Councilmember Wolff, that Ordinance No. 509-24 be passed and approved on the first of two readings. Said Ordinance No. 509-24 reads in caption as follows: ORDINANCE NO. 509-24 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING AN AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" -- Councilmembers Wolff, Weber, Smith, Tetens and Miller. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 509-25, ORDINANCE AMENDING LAND USE AND URBAN DEVELOPMENT ORDINANCE, SPECIFIC USE PERMIT NO. 20, GEORGE L. RUSH, JR., AGENT, REQUEST FOR SPECIFIC USE PERMIT FOR UNSaMDULED AND NEW COMMERCIAL USE, PROPERTY LOCATED AT 1323 N. MAIN, AND PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF. Ordinance No. 509-25 was read in caption by Councilmember. Wolff. (First Reading) It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that 37 Ordinance No. 509-25 be passed and approved on the first of two readings. Said Ordinance No. 509-25 reads in caption as follows: ORDINANCE NO. 509-25 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 5091 KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT FOR UNSCHEDULED AND NEW COMMERCIAL USE (OPERATION OF AN OILFIELD SERVICE COMPANY); PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens and Miller. Voting "No" - None Motion passed 5 to 0. Zn' CRDINM E;. NO` 509-A-1, ORDINANCE AMENDING CERTAIN SECTIONS OF THE SIGN _ ORDINANCE, ,AND PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF Ordinance No. 509-A-1 was read in caption by Councilmember Tetens. (First Reading) It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Ordinance No. 509-A-1 be passed and approved on the first of two readings. In general discussion, Councilmember Weber stated he felt that this ordinance was a bit too restrictive for merchants. Councilmember Miller stated that he, too, felt it was restrictive, difficult to enforce and that the penalty for violation was too severe. Councilmember Tetens stated that this ordinance has been worked on over a long period of time with members of the Chamber of Commerce, Council and citizens serving on the amendment committee, and that he felt the changes were 'Polk good and should be adopted. Mayor Coppinger expressed his feelings about the adoption of these changes. Councilmember Tetens then called for the question. Vote on the motion: Voting "Aye" - Councilmembers Tetens and Smith. Voting "No" - Councilmembers Miller, Weber and Wolff. Motion failed 3 to 2. AUTHORIZATION TO PROCEED WITH THE HYDRAULIC ANALYSIS FOR CORRIGAN SOUTH SUBDIVISION DRAINAGE IMPROVEMENTS Councilmember Smith explained that this study would include not only South Corrigan but North Corrigan, Willowcrest and Mimosa Acres subdivisions. The study would look at all the water that goes through the railroad crossing at the ditch back of Apple Tree. This would take care of all of the water west of the railroad track, which goes through and a little bit north of there at the break between that ditch and Hickory Slough. The study would also take care of anything south of that down to and including the water that goes through Mary's Creek bridge and as far west as Corrigan addition. It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Council authorize staff to proceed with the study for the proposed drainage improvements, as specified in the letter from Walsh Engineering, Inc., dated October 23, 1990, which includes surveying, drainage analysis, preparation of construction plans, specifications and contract documents for a total of $44,970.00. Mr. Bill Walsh informed Council that the hydrology study will look at the area described by Councilmember Smith. It does not include any design of any facilities on Orange Street other than looking at the hydrology and sizing of improvements that might have to be made. Thl tjeneral_discussion, Councilmember Tetens expressed concerns that the; overall project would cost about $300,000; that it would only cover a portion of the drainage problems around the town and that the drainage on the west side of town directly affects the drainage below on the east side. Councilmember Tetens stated MAN he felt that this project should be delayed until after the completion of the Clear Creek Watershed study. Councilmember Wolff expressed his concerns about financing this project since it was not a budgeted item. Vote on the motion: Motion failed 4 to 1. Councilmembers Miller, Tetens, Weber and Wolff voted against. It was moved by Councilmember Wolff, seconded by Councilmember Miller, that Council move forward in putting together a bond issue for the spring including $350,000 to be designated for the study and possible completion of the drainage ,— project, and after that is a reality, we go forward with the survey. Council generally concurred that this item should be passed to a future agenda. No vote was taken on the motion. ORDINANCE NO. 604, ORDINANCE WAIVING THE ENCROACHMENT OF CERTAIN -,V- IMPROVEMENTS INTO A DEDICATED UTILITY EASEMENT IN COUNTRY GROVE, SECTION ONE, AND PROVIDING FOR EXECUTION OF CERTAIN PROTECTIVE COVENANTS Ordinance No. 604 was read in caption by Councilmember Weber. (First Reading) It was moved by Councilmember Weber, seconded by Councilmember Smith, that Ordinance No. 604 be passed and approved on the first of two readings. Said Ordinance No. 604 reads in caption as follows: ORDINANCE NO. 604 AN ORDINANCE WAIVING THE ENCROACHMENT OF CERTAIN IMPROVEMENTS INTO A DEDICATED UTILITY EASEMENT IN COUNTRY GROVE TOWNHOMES, SECTION ONE, AND PROVIDING FOR EXECUTION OF CERTAIN PROTECTIVE COVENANTS. Voting "Aye" - Councilmembers Weber, Wolff, Smith, Tetens and Miller. Voting "No" - None Motion passed 5 to 0. ESTABLISHING POLICY TO DENY RENTAL OF THE COMMUNITY CENTER ON CHRISTMAS AND NEW YEAR'S EVES City Manager DeShazer explained that the letter received from: Larryf Jaull, Chairman of the Parks Board, indicated that it was the consensus of the BoarT--that City employees should be home with their families on these holidays. The Board is requesting that Council establish a policy to deny rental of the Community Center on Christmas and New Year's Eves. In Council discussion it was pointed out that there might be other holidays on which the building should be closed. It was moved by Councilmember Weber, seconded by Councilmember Wolff, that Council authorize Staff to deny rental of the Community Center on Christmas and New Year's Eves, 1.990, Christmas Day, 1990, and New Year's Day, 1991. Motion passed 5 to 0. APPROVAL OF ADDITIONAL HOLIDAY FOR CITY EMPLOYEES AT CHRISTMAS TIME It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Council approve Christmas Eve, Monday, December 24, as an additional holiday for 1990. Motion passed 5 to 0. RESOLUTION NO. R90-301 RESOLUTION SUPPORTING THE TEXAS MUNICIPAL LEAGUE'S PROPOSED AMENDMENTS TO TEXAS LOCAL GOVERNMENT CODE CHAPTER 143 (MUNICIPAL CIVIL SERVICE ACT) . Resolution No. R90-30 was read in caption by Councilmember Wolff. It was moved by Councilmember Tetens, seconded by Councilmember Weber, that Resolution No. R90-30 be passed and approved on the first and only reading. In general discussion, Councilmember Wolff, Smith and Miller stated they were not in favor of the Resolution. Councilmember Miller questioned some of the wording in several of the paragraphs in the Resolution. Voting "Aye" - Councilmember Tetens. Voting "No" - Councilmembers Miller, Smith, Weber and Wolff. Motion failed 4 to 1. The meting adjourned at 8:46 P. M. Minutes approved as submitted and/or corrected this /7 day of A.D., 1990. Mayor ATTEST: V,ctn, City SeVretary 39