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1991-09-09 CITY COUNCIL REGULAR MEETING MINUTES178 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON SEPTEMBER 9, 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 Mayor Pro Tem/Councilmember Councilmember Councilmember Councilmember Councilmember City Manager Administrative Assistant City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE C. V. Coppinger D. A. Miller, Jr. Benny Frank Randy Weber Joy Colson William Wolff James DeShazer Glen Erwin Lester Rorick Pat Jones The invocation was given by Councilmember Weber. The Pledge of Alle- giance was led by Councilmember Miller. APPROVAL OF MINUTES It was moved by Councilmember Weber, seconded by Councilmember Frank, that the Minutes of the Regular Meeting of August 26, 1991, be ap- proved as submitted. Motion passed 5 to 0. It was moved by Councilmember Wolff, seconded by Councilmember Colson, that the Minutes of the Special Meeting of September 3, 1991, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger presented a proclamation to the Peartree Chapter of the American Business Women's Association. Accepting in behalf of their organization were Mary Stanford and Joel Webb. COUNCIL ACTIVITY REPORTS Councilmember Weber reported his attendance at the fish fry held on September 7 to benefit crime prevention in the City and praised the efforts of those involved. Councilmember Frank also attended the fish fry where he served as a cook. Councilmember Miller reported his presentation of a proclamation as Mayor Pro Tem at the kick-off breakfast of the United Way on September 6 at the Brazosport College. Mr. Miller also attended the fish fry and stated that over $18,000 was raised in this effort and praised the many volunteer groups that we have in the City. Councilmember Colson also attended the fish fry. Councilmember Colson gave an update on the citizen survey which is currently being conduct- ed throughout the City. Three quadrants of the City are complete and Ms. Colson hopes to have the survey finished by the next Council meeting. Councilmember Wolff had nothing to report at this time. 179 DEPARTMENTAL REPORTS City Manager DeShazer reported he has been in contact with representa- tives of the EPA and the Brio Task Force and has been assured that, despite rumors, Dixie Farm Road would not be closed entirely during the incineration of this material which is proposed for July or August of 1993. There will be short periods of time when traffic is closed during the movement of this material. Mr. DeShazer reported he will be attending a meeting of the Sub - Regional Transportation Committee in the morning in Angleton with County Judge Phillips where they will discuss county -wide road im- provements. City Manager DeShazer reported the receipt of a letter from the High- way Department which addressed various traffic concerns around the City. Upon question by Mayor Coppinger, Barbara Lenamon, Clean Pearland Coordinator, reported that we have officially received the $80,000 grant from the EPA should the Council decide to accept it. Mayor Coppinger thanked all who participated in the fish fry. Mayor Coppinger also thanked David Smith, Emergency Management Coordinator, and the Pearland Journal for the recent article on hurricane prepared- ness. Mayor Coppinger called attention to the Lions Club Golf Tourna- ment on September 14th to raise funds for the D.A.R.E. program as well as the Founder's Day activities on September 21. In closing, Mayor Coppinger applauded Councilmember Colson's work on the citizen survey. City Attorney Lester Rorick commented on the developments in the Green Tee rezoning issue. Mr. Rorick discussed the petitions received and whether these constituted a written protest which might require the Council to approve the request for zone change with a 4 to 1 vote rather than a simple majority. CITIZENS 1. Barbara Bamburg, 2824 Country Club. Ms. Bamburg spoke against the proposed zone change along Country Club Drive. 2. Jim Smythe, 2220 Green Tee. Mr. Smythe spoke in favor of the proposed zone change along Country Club Drive. 3. Tom Tierney, 3304 Hampshire. Mr. Hampshire spoke about the condition of Hampshire Street. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 617, ORDINANCE LEVYING TAXES FOR THE TAXABLE YEAR 1991 Ordinance 617 was read in caption by Councilmember Weber. (Second and Final Reading) It was moved by Councilmember Weber, seconded by Councilmember Miller, that Ordinance No. 617 be passed and approved on its second and final reading. Said Ordinance No. 617 reads in caption as follows: ORDINANCE NO. 617 AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1991, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson, and Wolff. ISO Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 618, ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1991, AND ENDING SEPTEMBER 30, 1992 Ordinance No. 618 was read in caption by Councilmember Frank. (Second and Final Reading) It was moved by Councilmember Frank, seconded by Councilmember Weber, that Ordinance No. 618 be passed and approved on its second and final reading. Said Ordinance No. 618 reads in caption as follows: NO. 618 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1991, AND ENDING SEPTEMBER 30, 1992. Voting "Aye" - Councilmembers Wolff, Colson, Miller, Frank, and Weber. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS DISCUSSION OF PETITIONS RECEIVED IN REGARD TO APPLICATION NO. 23, REQUEST OF JIM SMYTHE, AGENT FOR GOLFCREST COUNTRY CLUB, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE FROM R-1 TO R-3, PUD ON PROPERTY LOCATED IN THE 2700 BLOCK OF COUNTRY CLUB DRIVE Councilmember Frank stated that the intent of having this item on the agenda was to certify that the petition received protesting -the pro- posed zone change was a valid one. Mr. Frank referred to a memo written by the City Secretary on September 3 which, he stated, ap- peared to answer the Council's question of validity. Councilmember Weber asked City Secretary Pat Jones to comment on the certification of this petition. Mrs. Jones responded that according to the tax roll provided to her by the Tax Department there were 35 named property owners. Seventeen households could be attested to as having someone from the household signing the petition in opposition to the rezoning. While not being able to attest to the actual signa- tures, Mrs. Jones stated, it would appear the petition is valid, having met the 20% requirement. ORDINANCE NO. 620, ORDINANCE AUTHORIZING AND APPROVING A CONTRACT BY AND BETWEEN THE CITY OF PEARLAND AND BEST WASTE, INC. Ordinance No. 620 was read in caption by Councilmember Wolff. (First Reading) It was moved by Councilmember Wolff, seconded by Councilmember Colson, that Ordinance No. 620 be passed and approved on its first reading. Said Ordinance No. 620 reads in caption as follows: NO. 620 AN ORDINANCE AUTHORIZING AND APPROVING A CONTRACT BY AND BETWEEN CITY OF PEARLAND AND BEST WASTE, INC. FOR THE COLLECTION OF RESIDENTIAL AND COMMERCIAL SOLID WASTE AND RECYCLING SERVICES. The Council discussed various issues concerning the contract. opposi- tion was raised to the Saturday residential pick-up. It was suggested that, due to time constraints and the necessity of having this con- tract in force by October 1, Council pass and approve the ordinance on first reading with the City Attorney instructed to look at and amend 181 the contract before its second reading at sections pertaining to 1) designation of pick-up days, 2) having Saturday pick-up (if needed) in subdivisions having sidewalks so that possible dangers to playing children might be lessened, and 3) insurance requirements to be main- tained by Best Waste, Inc. Upon call for the question, the Council voted as follows: Voting "Aye" - Councilmembers Wolff, Colson, Miller, and Weber. Voting "No" - Councilmember Frank. Motion passed 4 to 1. AUTHORIZATION TO REQUEST BIDS FOR THE DISPOSAL OF SEWAGE SLUDGE GENER- ATED AT THE CITY'S TWO WASTEWATER TREATMENT PLANTS Referring to a memo from Public Works Superintendent Ronald McWhirter, City Manager Jim DeShazer explained our previous contract for this service with K-3 Environganics has expired and sludge is currently being hauled by City dump trucks which is costly. It was moved by Councilmember Wolff, seconded by Councilmember Frank, that authorization be given to request bids for the disposal of sewage sludge generated at the City's wastewater treatment plants. Motion passed 5 to 0. RESOLUTION NO. R91-27, RESOLUTION ACCEPTING THE DONATION OF A TRACT OF LAND FROM GEORGE V. AND NOLA M. HASTINGS Resolution No. R91-27 was read in caption by Councilmember Colson. It was moved by Councilmember Colson, seconded by Councilmember Mill- er, that Resolution No. R91-27 be passed and approved. Said Resolution No. R91-27 reads in caption as follows: RESOLUTION NO. R91-27 A RESOLUTION ACCEPTING THE DONATION OF A TRACT OF LAND, AS HEREINAFTER DESCRIBED IN AN ATTACHED DEED FROM GEORGE V. HASTINGS AND WIFE, NOLA M. HASTINGS; AND AUTHORIZING THE MAYOR AND THE CITY MANAGER TO SIGN ANY AND ALL DOCUMENTS NECESSARY TO CARRY OUT THIS DONATION. Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson, and Wolff. Voting "No" - None. Motion passed 5 to 0. City Manager DeShazer pointed out that these two lots are behind the original two lots donated by the Hastings at the Melvin Knapp Activity Building. A letter is to be written to Mr. and Mrs. Hastings ex- pressing gratitude on behalf of the City for their donation. Jack McGuff, architect for the Melvin Knapp expansion, gave the Coun- cil a progress report on the bidding for this project. Six bidders have picked up plans to date. APPOINTMENT OF MEMBER TO THE BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS FOR A FOUR YEAR TERM It was moved by Councilmember Wolff, seconded by Councilmember Miller, that William T. McClelland be appointed to the Building Code Board of Adjustments and Appeals for a four year term. Motion passed 5 to 0. APPOINTMENT OF MEMBER TO THE GAS AND PLUMBING CODE BOARD OF ADJUST- MENTS AND APPEALS FOR A FOUR YEAR TERM It was moved by Councilmember Weber, seconded by Councilmember Frank, that Mike Besser be appointed to the Gas and Plumbing Code Board of Adjustments and Appeals for a four year term. Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:48 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: UNDER SUBSECTION (g) PERSONNEL - 1) Discussion of Appointment of Member to the Planning and Zoning Commission to fill the unexpired term of Leroy Savoie; and 2) Council Review of Evaluation Forms and Comments Submitted by Department Heads per Council Action of September 3, 1991. MEETING RETURNED TO OPEN SESSION AT 10:14 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 10:15 P. M. Mie. tes approved as submitted and/or corrected this 3 day of A. D., 1991. Mayor ATTEST: City Secreta i