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1991-07-08 CITY COUNCIL REGULAR MEETING MINUTES140 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON JULY 8, 1991, AT 7:30 P. M. IN THE COUNCIL CHAM- BERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called toiorder with the following present: Mayor Mayor Pro Tem/Councilmember Councilmember Councilmember Councilmember Councilmember City Manager Administrative Assistant City Attorney C. V. Coppinger D. A. Miller Benny Frank Randy Weber Joy Colson William Wolff James DeShazer Glen Erwin Lester Rorick City Secretary Pat Jones INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Mayor Coppinger. The Pledge of Allegiance was led by Councilmember Colson. APPROVAL OF MINUTES It was moved by Councilmember Colson, seconded by Councilmember Frank, that the Minutes of the Regular Meeting of June 24, 1991, be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Miller, seconded by Councilmember Colson, that the Minutes of the Joint Public Hearing held on June 25, 1991, be approved as submitted. Motion passed 4 to 0, with Councilmember Frank abstaining. COUNCIL ACTIVITY REPORTS Councilmember Wolff reported his attendance at the Drainage District meeting this morning and stated he would comment later on items on the agenda having to do with our common interests with tha Drainage Dis- trict. Councilmember Colson praised the 4th of July celebration and those involved in the activities. Mrs. Colson requested that a survey card be sent out with the monthly water bills to the citizens requesting their input regarding how tax dollars should be spent. Councilmember Colson offered to help draft this questionnaire and asked that this item be placed on the next Council agenda for consideration. Councilmember Miller reported his attendance at the Joint Public Hearing on June 25th and also commended the 4th of July festivities and those who participated. Councilmember Frank expressed his views that the 4th of July celebra- tion was the largest event he had seen in his 24 years in the City and commended Councilmember Weber for his efforts in fund raising for this event. Mr. Frank reported on Clover Field activities. Councilmember Weber suggested the City Manager be instructed to send a copy of the approved Minutes of June 24, 1991, stating the City's position on Clover Field to the FAA. Councilmember Weber reported on the time and effort which has been put forth to resolve the on call 141 issue with the Police Department. In closing, Councilmember Weber also lauded the efforts of those involved in the 4th of July events and recommended that approximately $7,500.00 be placed in the coming budget for next year's observance. Mayor Coppinger also gave tribute to the 4th of July celebration and asked that a round of applause be given for those involved. DEPARTMENTAL REPORTS City Manager DeShazer reported on the heavy rains on the east side of the City Saturday afternoon. Mr. DeShazer stated there had been questions recently by homeowners associations regarding the mainte- nance of detention ponds within the subdivisions. City Manager De- Shazer reaffirmed the City's position of not maintaining detention ponds. It was the concurrence of Council that the City Manager write a letter to the respective homeowners associations stating the City's policy. Upon question by Mayor Coppinger on the street resurfacing, Mr. De- Shazer reported Commissioner Plaster had spoken with him requesting his consent to stop paving temporarily so that mowing could be done. The County will be back in the area to resume resurfacing of streets on July 20th. Mayor Coppinger also inquired of the status of Country Club Bridge and City Manager DeShazer reported that they are ready to pour decking on top of the bridge. Councilmember Miller asked about the requests for proposals for col- lection and disposal of solid waste and whether this included any provisions for recycling. City Manager DeShazer responded curbside recycling was included in the proposal package as an alternate bid. MAYOR'S ACTIVITY REPORT Mayor Coppinger presented a proclamation declaring July 26th as "Pearland Night with the Astros." Ms. Barbara Lenamon of Community Services accepted the proclamation and Matt Kastel of the Astros presented ball caps to the Mayor and Council. CITIZENS 1. Tom Tierney, 3304 Hampshire. Mr. Bob Yoe explained Mr. Tierney had an emergency and could not appear, Speaking on behalf of Mr. Tierney and himself , Mr. Yoe asked that the condition of Hampshire Street be improved. 2. Ho Nhan, 17533 Hwy 35. Mr. Nhan requested permission for his business to be tied into City sewer service. Mr. Nhan's location which is just outside the City limits was discussed and he was asked to see the City Manager to discuss the expense involved. 3. Jim Sudela, Clean Pearland. Mr. Sudela asked for Council's and Staff's support of Clean Pearland's functions. 4. Linda Larsen, 5008 Frances. Ms. Larsen, representing Wil- lowcrest Civic Club, requested assistance with drainage problems in their subdivision. DOCKETED PUBLIC HEARINGS: None Ili �140z0VI-.IDion ����XY��t�Ta NEW BUSINESS APPLICATION NO. 22, REQUEST OF A. HARREL BLACKSHEAR, AGENT FOR FIRST NATIONAL BANK, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE FROM CLASSIFICATION R-3 TO M -F ON 6.01379 ACRES LOCATED ON ALEXANDER LANE The following letter from the Planning and Zoning Commission was read 142 into the records of the City: June 27, 1991 Honorable Mayor and Councilmembers City Hall Pearland, Texas 77581 Re: Application No. 22, request of A. Harrel Blackshear, Agent . +� for First National Bank of Pearland, Owner, from Classification R-3 to M -F. Gentlemen: The Planning & Zoning Commission, in a regular meeting held on June 25, 1991, immediately following the joint public hearing, considered the above mentioned zone change request. The Commission considered the testimony heard in the public hearing prior to the meeting and discussed such issues as buffer zones, spot zones, flooding and a possible retention facility. It was moved by Helen Beckman, seconded by James Garner, that recom- mendation be made to Council that Application No. 22 be denied. This is submitted for your consideration. Sincerely, /s/ Al Lentz Chairman Planning & Zoning Commission AL/ls It was moved by Councilmember Wolff, seconded by Councilmember Colson, that the Council uphold the decision of the Planning & Zoning commis- sion to deny the request. Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson, and Wolff. Voting "No" - None. 4 Motion passed 5 to 0. AUTHORIZATION TO EXPEND $5,000.00 FOR MATFRIArS FOR CONSTRUCTION OF A WOODEN BRIDGE ACROSS THE DRAINAGE DITCH IN INDEPENDENCE PARK City Manager DeShazer explained the Drainage District has been doing some work in order to get the detention pond at the new high school to drain. It was necessary that a low water bridge, used for access to the ball fields and kiddie park, be removed during this work. The Drainage District is willing to build this bridge if the City supplies the materials. Mr. DeShazer stated he felt a wooden bridge would not detract from the aesthetics of the park area. It was moved by Councilmember Wolff, seconded by Councilmember Frank, that authorization be given to expend $5,000.00 for materials for the construction of a wooden bridge across the drainage ditch in Independ- ence Park. Motion passed 5 to 0. RESOLUTION NO. R91-23, RESOLUTION ALLOWING THE BRAZORIA COUNTY DRAIN- AGE DISTRICT NO. 4 TO CONSTRUCT BRIDGES FOR THE CITY AND AGREEING TO HOLD THEM HARMLESS Resolution No. R91-23 was read in caption by Councilmember Wolff. 143 It was moved by Councilmember Wolff, seconded by Councilmember Miller, that Resolution No. R91-23 be passed and approved on its first and only reading. Councilmember Wolff stated the Drainage District has requested this agreement when dealing with other governmental agencies. Said Resolution No. R91-23 reads in caption as follows: RESOLUTION NO. R91-23 A RESOLUTION BY THE CITY OF PEARLAND ALLOWING THE BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4 TO CONSTRUCT A BRIDGE OVER THE DRAINAGE DITCH IN INDEPENDENCE PARK AND TO CONSTRUCT A BRIDGE FOR THE HIKE AND BIKE TRAIL ACROSS MARY'S CREEK IN THE CITY OF PEARLAND AND AGREE- ING TO HOLD THE BRAZORIA COUNTY DRAINAGE DISTRICT NO. 4 HARMLESS FROM ANY RESPONSIBILITY. Voting "Aye" - Councilmembers Wolff, Colson, Miller, Frank, and Weber. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION TO EXPEND $125,000.00 FOR THE PURCHASE OF 60" PIPE TO BE INSTALLED ALONG ORANGE STREET FROM MYKAWA ROAD TO THE RAILROAD CROSS- ING WITH FUND TO BE TAKEN FROM THE APPROPRIATE ACCOUNT City Manager Jim DeShazer explained this pipe was called for in the original plan years ago and the Drainage District will install the pipe if the City pays for the materials in the amount of $125,000.00. Councilmember Wolff reported he attended the meeting of the Drainage District this morning and they asked that the City be responsible for the staking of the center line of the ditch on Orange Street. The Drainage District engineer feels that with the installation of this third pipe there will not be flooding in the Willowcrest area based upon a five year flood statistic. Mr. Wolff went on to explain that this pipe will be installed down the center of Orange Street and citizens will be inconvenienced for approximately 35 to 45 days with the railroad crossing being closed for an initial week and a half or so at the beginning of installation. Additional costs will be incurred to repair the street after the pipe ��{ is installed. An approximate amount of $19,000.00 was suggested. It was moved by Councilmember Frank, seconded by Councilmember-SLren-K;"" that authorization be given to expend $125,000.00 to install 60" pipe along Orange Street from Mykawa to the railroad crossing to alleviate drainage problems. It was the concurrence of Council that other areas needing drainage work will be considered as funds are available. Motion passed 5 to 0. RESOLUTION NO. R91-24, RESOLUTION AUTHORIZING THE ADMINISTRATIVE STAFF TO REPRESENT AND ACT FOR THE CITY IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT (MCLEAN PARK) Resolution No. R91-24 was read in caption by Councilmember Frank. It was moved by Councilmember Frank, seconded by Councilmember Miller, that Resolution No. R91-24 be passed and approved on its first and only reading. There was a discussion of who would be the contact person for the City and City Manager DeShazer responded that he would handle these proce- dures and added that Representative Jack Harris has offered to help secure this grant. 144 Said Resolution No. R91-24 reads in caption as follows: RESOLUTION NO. R91-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, AUTHORIZING THE ADMINISTRATIVE STAFF TO REPRESENT AND ACT FOR THE CITY IN DEALING WITH THE PARKS AND WILDLIFE DEPARTMENT. Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson, and Wolff. Voting "No" - None. Motion passed 5 to 0. APPOINTMENT OF MEMBERS TO THE ZONING BOARD OF ADJUSTMENT It was moved by Councilmember Frank, seconded by Councilmember Colson, that the following appointments be made to the Zoning Board of Adjust- ment: To the Main Board To the Alternate Board Motion passed 5 to 0. MEETING RECESSED AT 8:56 P. M. Patsy Eilers Hank Clore Max White Joe Fowler Jim Sudela E. A. Wasek Marvin Elam Ben Lenamon MEETING RECONVENED AT 9:08 P. M. 2 year term 1 year term 1 year term 2 year term 2 year term 1 year term 1 year term 1 year term PARTIAL PAYMENT OF INVOICE NO. 06-109, INSITUFORM GULF SOUTH, INC. IN"" THE AMOUNT OF $91,310.85 City Manager DeShazer explained this amount was for sewer rehabilita- tion completed in Corrigan South and started in Willowcrest. The bid received was $259,922.00 for this project; however, Mr. DeShazer stated he felt we would not incur the full amount. Authorization is asked for payment in the amount of $91,310.85 for work verified as completed to date. It was moved by Councilmember Wolff, seconded by Councilmember Miller, that authorization be made to make partial payment to Insituform Gulf South, Inc. in the amount of $91,310.85 for sewer line rehabilitation in Corrigan South and Willowcrest. Motion passed 5 to 0. ORDINANCE NO. 616, ALTERING THE SPEED LIMITS ALONG A SECTION OF SH 35 Ordinance No. 616 was read in caption by Councilmember Miller. (First Reading) It was moved by Councilmember Miller, seconded by Councilmember Frank, that Ordinance No. 616 be passed and approved on its first reading. In discussion, Councilmember Colson stated she realized the urgency in --� designating a school zone in front of the new high school before school opens and would vote in favor of this ordinance for that rea- son; however, Mrs. Colson said she was dissatisfied with the proposed 55 m.p.h. speed zone and the 35 m.p.h. school zone. Councilmember Colson stated she felt these speeds were excessive for a school area and requested that we begin an appeal process with the highway depart- ment to get them lowered. Council concurred and suggested that the Jamison crossing also be reconsidered by the Highway Department. Ordinance No. 616 reads in caption as follows: 145 ORDINANCE NO. 616 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF ARTI- CLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING FOR A PENALTY, AND PUBLICATION; AND CONTAINING A REPEALER. Voting "Aye" - Councilmembers Wolff, Colson, Miller, Frank, and Weber. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R91-25, RESOLUTION GRANTING A MORATORIUM ON THE IMPOSI- TION OF IMPACT FEES ON THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY Resolution No. R91-25 was read in caption by Councilmember Weber. There followed a discussion regarding the history of impact fees within the City. As mandated by the State, the City had done a study, which was conducted by Bernard Johnson, Inc., to justify our charging of impact fees. After the study was completed, past Council passed Resolution No. R89-21 which granted a two year moratorium on the charging of these fees. This resolution expired on June 15, 1991. It was moved by Councilmember Miller, seconded by Councilmember Col- son, that the moratorium be extended from June 16, 1991 to June 15, 1993 and that Resolution No. R91-25 be passed and approved on its first and only reading. Said Resolution No. R91-25 reads in caption as follows: RESOLUTION NO. R91-25 A RESOLUTION GRANTING A MORATORIUM ON THE IMPOSITION OF IMPACT FEES ON THE CAPITAL IMPROVEMENTS PLAN FOR THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR SEVERABILI- TY. Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson, and Wolff. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION TO BID PICKUP TRUCK City Manager Jim DeShazer stated we are in need of another pickup truck to be used in our Public Works or Parks Departments and have funds available in this year's budget. If authorization is given for this purchase, it will enable us to delete one vehicle from the 1991- 92 budget. It was moved by Councilmember Wolff, seconded by Councilmember Frank, that authorization be given to bid a pickup truck. Motion passed 4 to 0. Councilmember Weber absent from the Chambers. BID NO. B91-14, PORTABLE BRUSH CHIPPER Council reviewed the following bids: 146 VENDOR MAKE PRICE DELIVERY DATE WOODCHUCK 17 236 L & J CHIPPER SALES PERKINS DIESEL $13,950.00 15-20 DAYS WOODCHUCK 17 268 L & J CHIPPER SALES FORD DIESEL $13,900.00 IN STOCK WOODCHUCK 17 4039 BROOKSIDE EQUIPMENT SALES JOHN DEERE DIESEL $13,675.00 30-60 DAYS VERMEER EQUIPMENT & SALES VERMEER BC 1250 $17,600.00 3 DAYS VERMEER BC 1250 VERMEER EQUIPMENT & SALES DEMONSTRATOR $16,600.00 FROM STOCK City Manager DeShazer referred to a memo written by Ronny McWhirter, Superintendent of Public Works, who recommended that Brookside Equip- ment Sales be awarded the bid. It was suggested the bid be tabled until the City's direction on recycling could be ascertained. Mayor Coppinger recognized Randy Fermin, representative of Vermeer Equipment, who suggested the Council have a demonstration of chippers as he felt the chipper recommended for bid did not meet specifica- tions. City Manager DeShazer stated our requests for proposals for privatiza- tion did not include tree limbs; these will still be picked up by the City. It was moved by Councilmember Colson, seconded by Councilmember Frank, that award of Bid No. B91-14, Portable Brush Chipper, be tabled until the next regular meeting. Motion passed 5 to 0. RECEIVE INTO THE RECORDS THE RECOMMENDATIONS OF THE 1991 CHARTER REVIEW COMMISSION AND THE CITY ATTORNEY'S COMMENTS ATTACHED THERETO This item was passed to a future agenda. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:43 P. M. UNDER TEXAS RE- VISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Coppinger read from the posted agenda the following topic to be discussed in Executive Session this evening: UNDER SUBSECTION (e) LEGAL - Consultation with the City Attorney Respecting the Attorney's advice on Contemplated Litigation and Set- --� tlement Offers with Various Policemen Respecting their Claims for On - Call Pay. MEETING RETURNED TO OPEN SESSION AT 11:27 P. M. - NO ACTION TAKEN UNDER EXECUTIVE SESSION Mayor Coppinger signed a certification of those items discussed in Executive Session. ADJOURN 147 The meeting adjourned at 11:28 P. M. Minutes approved as submitted and/or corrected his day of A. D., 1991. Mayor ATTEST: City Secretary