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1991-04-08 CITY COUNCIL REGULAR MEETING MINUTES89 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, CONVENED ON APRIL 8, 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 C. V. Coppinger Mayor Pro Tem/Councilmember David Smith Councilmember Councilmember Councilmember Councilmember City Manager Administrative Assistant City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE William Wolff Richard Tetens D. A. Miller Randy Weber Jim DeShazer Glen Erwin Lester Rorick Pat Jones The invocation was given by Councilmember Tetens. The Pledge of Allegiance was led by Councilmember Weber. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the Minutes of the Meeting of March 25, 1991, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger thanked Councilmember Smith for so capably serving as Mayor Pro Tem during his recent convalescence. At the Mayor's request, the following proclamations were presented by members of the Council: Councilmember Wolff proclaimed the Fourth Annual Crawdad Jamboree Day and members of the Knights of Columbus accepted in behalf of their organization. Councilmember Tetens proclaimed Pearland High School Band Car Wash Day and the proclamation was accepted by officers of the high school band. Councilmember Miller proclaimed ARC Golf Tournament Day and supporting members of the Association for Retarded Citizens accepted this procla- mation. Councilmember Smith proclaimed Public Safety Dispatchers Week and Pearland Police Department Dispatchers Pam Kennard, Karen Denby, and Karla Isenhower accepted this proclamation. Councilmember Weber proclaimed the month of April as Child Abuse Prevention Month and members of the Exchange Club accepted this proc- lamation. Continuing his report, Mayor Coppinger asked City Manager DeShazer to introduce his new administrative assistant. Mr. DeShazer introduced Mr. Glen Erwin who expressed the desire to begin his work with the City and complimented the fine Staff at the City. Mayor Coppinger called upon Ms. Barbara Lenamon of Clean Pearland who 90 related the progress of the landscaping along FM 518 and reminded the community of the City-wide cleanup day on April 27. Mayor Coppinger inquired of the progress being made with regard to the traffic problem at Cole's Flea Market. City Manager DeShazer called upon Police Chief Mike Hogg who gave the results of a meeting with Mr. Cole on March 1 in an attempt to resolve this ongoing problem. Chief Hogg reported that progress was made but there still remain areas to be worked out. Mayor Coppinger inquired also of Chief Hogg concerning the City's policy pertaining to high speed chases. Chief Hogg related that a policy had been put into effect on March 21 and while he did not, personally agree with it in its entirety because he felt it placed' civil liability upon the police officer himself, it was within the guidelines of State law and would be adhered to by our Department. Mayor Coppinger inquired how the City fared during Friday's rainstorm and was informed by the City Manager and Councilmembers who surveyed the usually flood prone areas that things looked much better than in past rains of this magnitude. COUNCIL ACTIVITY REPORTS Councilmember Miller inquired of City Attorney Rorick the progress being made on the ordinance pertaining to off-road vehicles. Mr. Miller expressed concern also about the traffic at Cole's and reported he has received telephone calls expressing the desire for free use of the Community Center for activities relating to the returning Veterans of the Persian Gulf crisis. In closing, Mr. Miller commended those involved in the Easter Egg Hunt at the park on Saturday, March 30th. Councilmember Tetens commented on the status of the Longherridge Bridge which seems to be making some progress. Councilmember Smith reported on a meeting with officials regarding the construction of the bridge at Clear Creek and related the progress of the Clear Creek Watershed meetings. Mr. Smith informed he had met with Clean Pearland and praised their progress, urging the City to keep pace with their efforts. In closing, Councilmember Smith remind- ed all of the meeting concerning Clover Field Airport on Wednesday, April 10th at City Hall. Councilmember Weber related he had also checked some of the usual high water areas during Friday's rainstorm and reported that Mykawa Street and Old Alvin Road were badly in need of repair. In closing, Council - member Weber reported he had received much positive input from the citizenry regarding the McLean Road, Walnut, and FM 518 intersection. Councilmember Wolff informed he had served in City Manager DeShazer's stead on Good Friday, March 29th. Mr. Wolff praised the Easter Egg Hunt sponsored by the Parks Department and commended the Parks Board for the common ground shared between old and new members. In closing, Councilmember Wolff called upon Delores Fenwick who gave an update on the returning veterans. DEPARTMENTAL REPORTS City Manager Jim DeShazer called upon Police Chief Mike Hogg to award the "Dispatcher of the Year" award. Ms. Karla Isenhower received this award and Councilmember Smith related many of Ms. Isenhower's actions which earned her this award and, along with Chief Hogg, presented her a certificate proclaiming her the Dispatcher of the Year. CITIZENS 1. Claudia Buzek, Jamison Middle School. Ms. Sanders, speaking in behalf of Ms. Buzek, crossing guard for Jamison Middle School, asked the City for safer condi- tions at the school crossing at Woody and FM 518. Mayor Coppinger asked City Manager DeShazer to look into 91 this matter and report back to Council. 2. James Stasky, 403 Rustic Lane, Friendswood, Texas. Mr. Stasky petitioned the City for permission to tie into the City sewer system. Staff was instructed to investigate the feasibility of this and report back with a recommendation. MEETING RECESSED AT 8:43 P. M. r.- MEETING RECONVENED AT 8:53 P. M. Mayor Coppinger recognized government students from the audience. DOCKETED PUBLIC HEARING City Manager DeShazer asked that this item be passed to a future agenda. UNFINISHED BUSINESS 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 Miller. (Second Reading) It was moved by Councilmember Miller, seconded by Councilmember Smith, that Ordinance No. 608 be passed and approved on second and final 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 Miller, Tetens, Smith, Weber, and Wolff. Voting "No" - None. Motion passed 5 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 Tetens. (Second Reading) It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that Ordinance No. 513-3 be passed and approved on second and final 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. 92 Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. 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 Smith. (Second Reading) It was moved by Councilmember Smith, seconded by Councilmember Wolff, ' that Ordinance No. 609 be passed and approved on second and final_ 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 Miller, Tetens, Smith, Weber, and Wolff. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS ORDINANCE NO. 612, ORDINANCE VACATING, CLOSING AND ABANDONING A POR- TION OF OLD ALVIN ROAD RIGHT-OF-WAY IN PEARLAND, BRAZORIA COUNTY, TEXAS This item was passed to a future agenda as no Docketed Public Hearing._ was held on this subject this evening. APPROVAL OF PROPOSAL FROM EARL LAIRSON AND COMPANY, CERTIFIED PUBLIC ACCOUNTANTS, TO AUDIT THE FINANCIAL RECORDS OF THE CITY FOR THE PERIOD ENDING SEPTEMBER 30, 1991 Council discussed length of term of the proposal, continuity in the auditing process, Mr. Lairson's performance record, and whether out- side proposals should be sought. It was suggested that the selection of an auditing firm be delayed until after the May 4th election and a new Council is seated and thought was given to having a known dependable firm in place and on board to ease the new Council's transition period. It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Earl Lairson and Company, Certified Public Accountants, be ap- proved to audit the financial statements of the various funds for the year ending September 30, 1991, for a three year period in an amount not to exceed $17,500 plus cash expenses per year. Further discussion followed relating to an annual contract versus a three year contract, the bidding process, and what constitutes cash expenses. There followed a discussion of amending the motion to approve a one year contract and the maker of the motion was willing to amend the motion accordingly; however, the seconder of the motion was not agree- able to amending the motion. Upon call for the question of the original motion to approve a three year contract, Council voted as follows: Voting "Aye" - Councilmembers Wolff, Smith, and Tetens. 93 Voting "No" - Councilmembers Weber and Miller. Motion passed 3 to 2. INVOICE NO. 02624, PAYABLE TO HOUSTON-GALVESTON AREA COUNCIL IN THE AMOUNT OF $64,804.51 FOR A 1991 CHEVROLET, COLLINS TYPE I AMBULANCE It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Invoice No. 02624, in the amount of $64,804.51, payable to Hous- ton -Galveston Area Council, be approved with payment to be made from the appropriate fund. Motion passed 5 to 0. ORDINANCE NO. 610, ORDINANCE APPROVING THE SETTLEMENT AGREEMENT FILED WITH THE PUBLIC UTILITY COMMISSION ON FEBRUARY 27, 1991 IN THE HOUSTON LIGHTING AND POWER COMPANY RATE INCREASE REQUEST City Manager DeShazer explained this ordinance supports the Coalition of Cities the City of Pearland had joined in their settlement with HL&P for an agreed rate increase. The Coalition has asked that we pass this ordinance to be part of a unified body before the Public Utility Commission. Ordinance No. 610 was read in caption by Councilmember Tetens. (First Reading) It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Ordinance No. 610 be passed and approved on its first reading. Said Ordinance No. 610 reads in caption as follows: ORDINANCE NO. 610 AN ORDINANCE OF THE CITY OF PEARLAND APPROVING THE SETTLEMENT AGREEMENT FILED WITH THE PUBLIC UTILITY COMMISSION ON FEBRUARY 27, 1991 AND AUTHORIZING THE CITY OF PEARLAND TO BECOME A SIGNATORY TO THE SETTLE- MENT AGREEMENT FILED WITH THE PUBLIC UTILITY COMMISSION IN THE HOUSTON LIGHTING AND POWER RATE INCREASE RE- QUEST; AND MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. APPOINTMENT OF A HEALTH AUTHORITY FOR THE CITY FOR A ONE YEAR TERM City Manager DeShazer recommended that Dr. David Armbruster be reap- pointed for a one year term as the City's Health Authority. It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Dr. David Armbruster be reappointed for a one year term as the City Health Authority. Motion passed 5 to 0. DELAY OF SALE OF CERTIFICATES OF OBLIGATION IN THE AMOUNT OF $2,125,000.00 FROM APRIL 8, 1991, TO APRIL 9, 1991 City Manager Jim DeShazer explained this item was placed on the agenda at the request of Mr. Cliff Youngblood, Bond Counsel, who felt the Council should take official action in delaying the sale from the original date of April 8th to April 9th. Mr. DeShazer reminded Coun- cil that Mr. Frank Ildebrando of Rauscher Pierce Refsnes had advised the date might be delayed a day in hopes of a better selling market and this has been the case. 94 It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that the sale date of April 8 be moved to April 9 on the sale of $2,125,000.00 in Certificates of Obligation. i Motion passed 5 to 0. EXCUSED ABSENCE FOR MAYOR VIC COPPINGER FROM THE REGULAR COUNCIL MEETING OF MARCH 25, 1991 It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Mayor Vic Coppinger be excused from the Regular Meeting of March 25, 1991. Motion passed 5 to 0. AUTHORIZATION FOR STAFF TO BID A TRACTOR WITH A SIDE MOWER M City Manager DeShazer explained approximately $18,000.00 has been budgeted for this tractor with a slope mower which will be used City- wide for mowing. The Highway Department has asked that we honor an agreement made several years ago to maintain the rights-of-way along Hwy 35 and FM 518 and this will involve additional mowing this year. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Staff be authorized to bid this equipment. Motion passed 5 to 0. ORDINANCE NO. 611, ORDINANCE AUTHORIZING THE EXECUTION OF A STIPULA- TION OF PARTIES IN CONNECTION WITH CIVIL ACTION NO. H-90-0205 HILL SAND COMPANY DBA DIXIE FARM ROAD LANDFILL COMPANY VS CITY OF PEARIAND Ordinance No. 611 was read in caption by Councilmember Wolff. (First Reading) It was moved by Councilmember Wolff, seconded by Councilmember Smith, that Ordinance No. 611 be passed and approved on first reading. Said Ordinance No. 611 reads in caption as follows: ORDINANCE NO. 611 AN ORDINANCE AUTHORIZING THE EXECUTION OF A STIPULATION OF PARTIES, A FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" IN CONNECTION WITH CIVIL ACTION NO. H-90-0205 HILL SAND COMPANY, INC. DBA DIXIE FARM ROAD LANDFILL COMPANY VS CITY OF PEARLAND. Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R91-11, RESOLUTION AUTHORIZING, DIRECTING, AND RATIFY- ING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITH THE CITY SO AS TO CREATE FOUR-WAY STOP INTERSECTIONS AT THE INTERSECTION OF MCLEAN ROAD AND WALNUT STREET, AND CHESTERWOOD DRIVE AND GLENVIEW DRIVE Resolution No. R91-11 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Wolff, that Resolution No. R91-11 be passed on its first and only reading. Said Resolution No. R91-11 reads in caption as follows: RESOLUTION NO. R91-11 95 A RESOLUTION AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND, SO AS TO CREATE FOUR-WAY STOP INTER- SECTION AT THE INTERSECTION OF MCLEAN ROAD AND WALNUT STREET, AND CHESTERWOOD DRIVE AND GLENVIEW DRIVE. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Wolff. Voting "No" - None. Motion passed 5 to 0. Councilmember Smith read Section 3.13 of the City Charter - Audit and Examination of City Books and Accounts - into the records of the City and stated he felt we were in compliance with the Charter in our selection of an auditor. It was moved by Councilmember Wolff, seconded by Councilmember Smith, that the Meeting be recessed and reconvened tomorrow, April 9, 1991. Motion passed 5 to 0. MEETING RECESSED AT 9:35 P. M. - MEETING RECONVENED ON APRIL 9, 1991, AT 7:31 P. M. (Councilmember Smith absent.) NEW BUSINESS (Continued) RESOLUTION NO. R91-11, RESOLUTION AUTHORIZING STOP SIGNS AT INTERSEC- TIONS OF MCLEAN ROAD AND WALNUT STREET AND CHESTERWOOD DRIVE AND GLENVIEW DRIVE City Manager DeShazer asked permission to correct last night's reading of Resolution No. R91-11. Presently, the resolution calls for a four- way stop at the intersection of Chesterwood Drive and Glenview Drive. This should be corrected to read an all -way stop as there are only three areas for stop signs. It was moved by Councilmember Wolff, seconded by Councilmember Weber, that the wording of Resolution No. R91-11 be amended to reflect an all -way stop at the intersection of Chesterwood Drive and Glenview Drive. Motion passed 4 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 7:34 P. M. UNDER TEXAS RE- VISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Coppinger read from the posted agenda the following topics to be discussed in Executive Session this evening: UNDER SUBSECTION (g) PERSONNEL - Discussion of the following Appoint- ments: 1) Two Members of the Planning and Zoning Commission and 2) all Members of the Zoning Board of Adjustment. UNDER SUBSECTION (f) ACQUISITION OF REAL PROPERTY - Discussion con- cerning Acquisition of Land. MEETING RETURNED TO OPEN SESSION AT 8:25 P. M. - NO ACTION TAKEN UNDER EXECUTIVE SESSION Mayor Coppinger signed a certification of those items discussed in Executive Session. ADJOURN The meeting adjourned at 8:26 P. M. 96 Minu es approved as submitted and/or corrected this day of A. D., 1991. Mayor ATTEST: City Secretar