1991-03-25 CITY COUNCIL REGULAR MEETING MINUTES84 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR -
LAND, TEXAS, HELD ON MARCH 25, 1991, AT 7:30 P. M. IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS
The meeting was called to order with the following present:
Mayor Pro Tem David Smith
Councilmember D. A. Miller
Councilmember Richard Tetens
Councilmember William Wolff
Councilmember Randy Weber r
City Manager James DeShazer
City Attorney
City Secretary
Lester Rorick
Pat Jones
Absent from the Meeting: Mayor Vic Coppinger
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Councilmember Weber. The Pledge of Alle-
giance was led by Councilmember Tetens.
APPROVAL OF MINUTES
It was moved by Councilmember Tetens, seconded by Councilmember Wolff,
that the Minutes of the Special Meeting of March 1, 1991, be approved
as submitted.
Motion passed 4 to 0.
It was moved by Councilmember Wolff, seconded by Councilmember Weber,
that the Minutes of the Regular Meeting of March 4, 1991, be approved
as submitted.
Motion passed 4 to 0.
MAYOR'S ACTIVITY REPORT
Mayor Pro Tem Smith informed he would pass this item at this time.
COUNCIL ACTIVITY REPORTS
Councilmember Miller reported his attendance at the Brazoria County
Cities Association Meeting on March 20th as well as participating in
an interview for an Assistant City Manager for the City on the 23rd of
the month. Again, Councilmember Miller called attention to the prob-
lem with all -terrain vehicles and asked that the City Attorney look at
an ordinance drafted by City Staff in 1986 addressing this concern.
In closing, Mr. Miller reported he had received complaints about the
traffic problem at Cole's Flea Market.
Councilmember Tetens related that he had met with the Library Board
and heard reports on their projected growth and encouraged the Council
to keep pace with this expected increase. Mr. Tetens reported he
attended Brazoria County Cities Association and participated in the
interviewing process for an assistant city manager.
Councilmember Weber reported he, too, met with an applicant for the
administrative assistant's position. Mr. Weber reported attending
Brazoria County Days in Austin. In closing, Councilmember Weber
related he had discussed new streets and road repairs with commission-
er Plaster.
Councilmember Wolff, with Council's permission, asked Mrs. Delores
Fenwick to report on those from the Pearland area who had returned
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home from the conflict in the Middle East. Mrs. Fenwick called the
names of those who had returned and informed that over fifty men and
women from the Pearland area were still in the Persian Gulf. Council -
member Wolff asked that at some appropriate time the City honor these
military personnel.
Councilmember Wolff reported on a meeting with a representative of
Texas Concrete Company which may offer a more economical solution to
our bridge design.
DEPARTMENTAL REPORTS
City Manager DeShazer reported the new portion of Magnolia Road is
temporarily closed for sealing and also reported on the status of the
Dixie Farm and Longherridge bridges. The progress of these bridges
seems to be delayed by the State's allowable "rain" days, Mr. DeShazer
stated. City Manager DeShazer informed Santa Fe Railroad crews will
be reworking the rails in the area, as well as redoing the crossings.
In closing, Mr. DeShazer informed that the sewer line rehabilitation
had been completed in Corrigan Subdivision and the second phase of
this work had began in Willowcrest Subdivision today.
City Manager DeShazer called upon Councilmember Miller, President of
the 100 Club, who presented the keys to a crime prevention van to
Officer Matt Zepeda, Crime Prevention Officer, of the Pearland Police
Department. Mr. Miller introduced Board Members and offered the 100
Club's support to the Police Department. A brief recess was called so
that those wishing to do so could view the van.
MEETING RECESSED AT 7:48 P. M.
MEETING RECONVENED AT 8:00 P. M.
Mayor Pro Tem Smith recognized government students from the audience.
CITIZENS
1. Kevin Huddleston, 5303 Woodville.
Master Huddleston spoke on the conditions of McLean Park and
asked Council to complete its work so that he and other
youngsters might enjoy the park.
2. Marsha Ebeling, 5404 Groveton.
Ms. Ebeling spoke on drainage in Corrigan Subdivision, the
progress of McLean Park, and the intersection of FM 518,
Walnut and McLean which she and members of the West Side
Civic Club feel is dangerous. In closing, Ms. Ebeling made
reference to Councilmember Tetens' statement on the growth
of the library and asked that consideration be given to
placing a branch on the west side of the City.
DOCKETED PUBLIC HEARINGS: None
UNFINISHED BUSINESS
ORDINANCE NO. 606, ORDINANCE AMENDING THE CODE OF ORDINANCES, AT
CHAPTER 10, FIRE PREVENTION AND PROTECTION BY ADDING ARTICLE V, SEC-
TIONS 10-91 THROUGH 10-106 FOR THE PURPOSE OF PROVIDING REGULATION OF
HAZARDOUS -TA—LS AND CONTAINING A PENALTY FOR VIOLATION THEREOF
_ Ordinance No. 606 was read in caption by Councilmember Miller.
(Second Reading)
It was moved by Councilmember Miller, seconded by Councilmember
Tetens, that Ordinance No. 606 be passed and approved on its second
and final reading.
Said Ordinance No. 606 reads in caption as follows:
r•
ORDINANCE NO. 606
AN ORDINANCE AMENDING THE CODE OF ORDINANCES AT CHAPTER
10, FIRE PREVENTION AND PROTECTION, BY ADDING ARTICLE
V, SECTIONS 10-91 THROUGH 10-106 FOR THE PURPOSE OF
PROVIDING REGULATION OF HAZARDOUS MATERIALS, CONTAINING
A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, PROVIDING FOR
A PENALTY, PUBLICATION AND AN EFFECTIVE DATE.
Voting "Aye" - Councilmembers Miller, Tetens, Weber, and Wolff.
Voting "No" - None.
Motion passed 4 to 0.
NEW BUSINESS 'r
I,
ORDINANCE NO. 608, ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT
BY AND BETWEEN C. MARK PORTER AND THE CITY OF PEARLAND
Ordinance No. 608 was read in caption by Councilmember Tetens. (First
Reading)
It was moved by Councilmember Tetens, seconded by Councilmember Wolff,
that Ordinance No. 608 be passed and approved on first reading.
Said Ordinance No. 608 reads in caption as follows:
ORDINANCE NO. 608
AN ORDINANCE OF THE CITY OF PEARLAND, AUTHORIZING THE
EXECUTION OF A CONTRACT, A FACSIMILE OF SAME BEING
ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES
DESIGNATED EXHIBIT "A" BY AND BETWEEN C. MARK PORTER
AND THE CITY OF PEARLAND, TEXAS.
Voting "Aye" - Councilmembers Wolff, Weber, Tetens, and Miller.
Voting "No" - None.
Motion passed 4 to 0.
ORDINANCE NO. 513-3, ORDINANCE AMENDING CHAPTER 10, ARTICLE IV, FIRE-
WORKS, OF THE CODE OF ORDINANCES, FOR THE PURPOSE OF REPEALING SEC-
TIONS 10-76(4) AND 10-76(5)
Ordinance No. 513-3 was read in caption by Councilmember Weber.
(First Reading)
City Manager Jim De5hazer commented this ordinance prohibits the sale
of fireworks within a certain distance of the city limits.
It was moved by Councilmember Weber, seconded by Councilmember Tetens,
that Ordinance No. 513-3 be passed and approved on first reading.
Said Ordinance No. 513-3 reads in caption as follows:
ORDINANCE NO. 513-3
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE IV, FIRE-
WORKS, OF THE CODE OF ORDINANCES OF THE CITY OF PEAR -
LAND, FOR THE PURPOSE OF REPEALING SECTIONS 10-76(4)
AND 10-76(5); PROVIDING A SAVINGS CLAUSE AND A SEVERA-
BILITY CLAUSE; AND PROVIDING FOR CODIFICATION AND AN
EFFECTIVE DATE.
Voting "Aye" - Councilmembers Miller, Tetens, Weber, and Wolff.
Voting "No" - None.
Motion passed 4 to 0.
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AWARD OF BID NO. B91-06, SURFACE PREPARATION, CLEANING, RESURFACING
AND WATER TREATMENT OF INDEPENDENCE PARK SWIMWNG POOL AND WADING POOL
City Manager DeShazer informed only one company had picked up a set of
specifications; however, no bid was received. Mr. DeShazer commented
on the City's requirement of a bid bond and a performance bond which
are cost prohibitive to contractors. Mayor Pro Tem Smith requested
City Attorney Lester Rorick to report on the bid bond process for
possible alternative security methods at a future meeting.
ORDINANCE NO. 609, ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
FINANCIAL ADVISORY CONTRACT BY AND BETWEEN THE CITY OF PEARLAND AND
,,.... RAUSCHER PIERCE REFSNES, INC.
Ordinance No. 609 was read in caption by Councilmember Miller. (First
Reading)
It was moved by Councilmember Miller, seconded by Councilmember Wolff,
that Ordinance No. 609 be passed and approved on first reading.
Said Ordinance No. 609 reads in caption as follows:
ORDINANCE NO. 609
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEAR -
LAND, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A
FINANCIAL ADVISORY CONTRACT BY AND BETWEEN THE CITY OF
PEARLAND AND RAUSCHER PIERCE REFSNES, INC.
Voting "Aye" - Councilmembers Wolff, Weber, Tetens, and Miller.
Voting "No" - None.
Motion passed 4 to 0.
REVIEW AND APPROVAL OF PRELIMINARY OFFICIAL STATEMENT FOR THE SALE OF
$2,125,000.00 IN CERTIFICATES OF OBLIGATION, SERIES 1991
Mr. Frank Ildebrando of Rauscher Pierce Refsnes, Inc. discussed the
statement on the selling of the certificates with Council. Mr. Ilde-
brando stated the sale is currently scheduled for Monday, April 8th.
However, Mr. Ildebrando cautioned that should it be a busy day for the
market, he would like Council's permission to move the sale date to
the 9th or the 10th of April. Should this be the case, he will con-
tact City Manager DeShazer so that a special meeting of the City
Council may be called.
It was moved by Councilmember Wolff, seconded by Councilmember Miller,
that the Preliminary Official Statement for the Sale of $2,125,000.00
in Certificates of Obligation, Series 1991, be approved.
Motion passed 4 to 0.
COMPROMISE AND SETTLEMENT OF PENDING LITIGATION WITH HILL SAND COMPA-
NY, INC. DBA DIXIE FARM ROAD LANDFILL
Mayor Pro Tem Smith informed this item would be considered after
Executive Session.
OTHER BUSINESS
MEETING RECESSED TO EXECUTIVE SESSION AT 8:30 P. M. UNDER TEXAS RE-
VISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2
Mayor Pro Tem Smith read from the posted agenda the following topics
to be discussed in Executive Session this evening:
UNDER SECTION (e) LEGAL - Discussion with City Attorney and Legal
Counsel regarding Hill Sand Company, Inc. dba Dixie Farm Road Landfill
vs. City of Pearland litigation.
UNDER SECTION (g) PERSONNEL - Discussion of the following Appoint-
ments: 1) Two Members of the Planning & Zoning Commission; 2) Health
88
Officer; and 3) Zoning Board of Adjustment Members.
MEETING RETURNED TO OPEN SESSION AT 9:07 P. M.
NEW BUSINESS - (CONTINUED)
COMPROMISE AND SETTLEMENT OF PENDING LITIGATION WITH HILL SAND COMPA-
NY, INC. DBA DIXIE FARM ROAD LANDFILL
It was moved by Councilmember Wolff, seconded by Councilmember Weber,
that the City Attorney Lester Rorick, in conjunction with Mark Breed-
ing, Special Counsel, on Hill Sand Company, Inc. dba Dixie Farm Road
Landfill, prepare for Council approval the recommended stipulations
for consideration in the trial of the case.
Motion passed 4 to 0.
ADJOURN
The meeting adjourned at 9:09 P. M.
Mi Utes ap roved as submitted and/or corrected this _ day of
A. D., 1991.
Mayor
ATTEST:
City ecretary