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1991-10-28 CITY COUNCIL REGULAR MEETING MINUTES203 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON OCTOBER 28, 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 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 Miller. APPROVAL OF MINUTES It was moved by Councilmember Frank, seconded by Councilmember Miller, that the Minutes of the Meeting of October 14, 1991, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger proclaimed Saturday, November 16th as "Sack It To Us Saturday" and representatives from Christian Helping Hands accepted this proclamation. COUNCIL ACTIVITY REPORTS Councilmember Weber read a letter from Friendswood Mayor Paul Schrader regarding Clover Field Airport and stated this letter was relative to Item No. 6 under New Business on the agenda. Councilmember Frank reported his latest activities involving Clover Field. Mr. Frank questioned the procedure for placement of items on the agenda and referred to Resolution 72-4, adopted by the Council in February of 1972 which provides for a procedure for the conduct of Council meetings. Councilmember Frank urged a study of this policy to provide an equitable solution for all. Continuing his report, Mr. Frank reported an understanding had been reached on the question of Mr. John Rodriguez who had recently inquired regarding his placement on wrecker rotation. Councilmember Frank thanked Police Chief Mike Hogg for speaking to the Willowcrest Civic Club. Mr. Frank reported he has received calls regarding the intersection of Magnolia and Veterans which is dark and needs lighting. In closing, Councilmember Frank reported he and Councilmember Wolff have asked to be placed on the agenda of the next Pearland Board of Trustees meeting and will discuss roads in and around the new high school site with them, re- porting back to Council. Councilmember Miller reported his attendance at the Brio Site break- fast on October 15th. On October 16th, Mr. Miller attended the Cham- ber of Commerce luncheon and that evening traveled to Sweeney for the Brazoria County Cities Association meeting. In closing, Councilmember 204 Miller reported his attendance at a Republican function in Independ- ence Park. Councilmembers Colson and Wolff stated they had nothing to report at this time. DEPARTMENTAL REPORTS City Manager DeShazer reported on a meeting with Best Waste, Inc. which resulted in an ordinance on the agenda amending the original contract regarding service and rates for the small commercial custom- er. Mr. DeShazer reported Mr. Chris Hartung who was recently hired as an employee consultant will begin his work this week. City Manager DeShazer informed the City will host a meeting tomorrow for thirteen area cities regarding the mandates of the American with Disabilities Act. In closing, Mr. DeShazer reported on the condition of Westfield _ Road between Dixie Farm Road and County Road 391 which had a recent traffic count in a twenty-four hour period of 1194 vehicles. Continuing his report, Mayor Coppinger wished Health Inspector John Kubasik well in his new venture in assuming the ownership of Old Galveston Seafood Restaurant and stated we were losing a very fine city employee. Mayor Coppinger questioned Mr. DeShazer regarding the completion of estimates for street construction costs and City Manager DeShazer referred to his letter of response dated October 28th regard- ing various issues the Mayor had asked him to look into. Mayor Coppinger suggested a workshop in the near future to discuss the various improvements needed in the City. It was the consensus a date would be determined later. Mayor Coppinger congratulated the Lions Club on their Fortieth Annual Turkey Shoot. The Lions have indicated they will attend a future Council meeting to make a contribution to the D.A.R.E. program. Mayor Coppinger asked Police Chief Hogg to comment on policy regard- ing neighborhood police patrols. Chief Hogg reported there was a high priority for patrol of neighborhoods when they were not working in high traffic areas such as school zones or responding to calls. Mayor Coppinger asked City Attorney Rorick to comment on a citizen's recent complaint of being deprived of property without due process. City Attorney Lester Rorick commented on the nature of this complaint and stated that it appeared there was dedication of some right-of-way in connection with the acceptance of a plat. He continued stating that, in general, Texas courts have long upheld that cities by their regulatory power may impose conditions on subdivision development including the required donation of streets rights-of-way. Mr. Rorick stated the requirements for these donations. CITIZENS 1. James/Dorothy Medearis, 4824 W. Broadway. Mrs. Medearis related the history of her complaint which City Attorney Rorick had just commented on. Mrs. Medearis stated that she felt the City should compensate them for their land in the amount of $22,000.00. Mayor Coppinger responded to Mrs. Medearis stating there were many facts to be considered in this matter, assuring her that the Council was an ethical body and stating that if the Medearis' had been unjustly deprived of their property, they would be compensated. 2. Vickie L. McRay, 1520 Westfield. Mrs. McRay had asked to be moved to a future agenda due to illness in her family. 3. Frances Jamison, 2417 E. Broadway. Mrs. Jamison commented on dedication of right-of-way and past litigation. 4. Rick J. Simms, 2438 S. Park. Mr. Simms discussed the rates charged by Best Waste, Inc. for small commercial businesses 205 and stated his displeasure at the service provided for the amount charged. 5. William B. Reynolds, 2403 Jacquelyn. Mr. Reynolds signed to speak but did not appear. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 509-27, ORDINANCE AMENDING THE LAND USE AND URBAN DEVEL- OPMENT ORDINANCE, JIM SMYTHE, AGENT FOR GOLFCREST COUNTRY CLUB, OWNER, FROM CLASSIFICATION R-1 TO R-3, PUD Ordinance No. 509-27 was read in caption by Councilmember Weber. (Second and final reading) It was moved by Councilmember Weber, seconded by Councilmember Frank, that Ordinance No. 509-27 be passed and approved on its second and final reading. Councilmember Weber stated he had last voted to extend the delay of the passage of this ordinance so that the City Attorney could research the latest information so that all the residents could know what the ground rules were regarding the vote needed. Mr. Weber stated the City Attorney has determined a simple majority vote is all that is needed. Ordinance No. 509-27 reads in caption as follows: ORDINANCE NO. 509-27 AN ORDINANCE AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEAR - LAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFI- CATION OF CERTAIN REAL PROPERTY LOCATED IN GREEN TEE SUBDIVISION FROM SINGLE FAMILY DWELLING DISTRICT (R-1) TO R-3 PLANNED UNIT DEVELOPMENT (R-3 PUD) AT THE RE- QUEST OF JIM SMYTHE, AGENT FOR GOLFCREST COUNTRY CLUB, OWNER; PROVIDING AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Voting "Aye" - Councilmembers Weber, Frank, and Colson. Voting "No" - Councilmembers Miller and Wolff. Motion passed 3 to 2. ORDINANCE NO. 555-1, ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED AGREEMENT BETWEEN E & D WASTE SYSTEMS, INC. AND CITY OF PEARLAND FOR DISPOSITION OF SOLID WASTE Ordinance No. 555-1 was read in caption by Councilmember Frank. (Second and final reading) It was moved by Councilmember Frank, seconded by Councilmember Wolff, that Ordinance No. 555-1 be passed and approved on its second and final reading. Said Ordinance No. 555-1 reads in caption as follows: ORDINANCE NO. 555-1 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED SOLID WASTE AGREEMENT, A FACSIMILE OF SAME BEING AN- NEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN E AND D WASTE SYSTEMS, INC. AND THE CITY OF PEARLAND, TEXAS AND AUTHORIZING PAYMENTS. Voting "Aye" - Councilmembers Wolff, Colson, Miller, Frank, and Weber. 206 Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 622, ORDINANCE AUTHORIZING AN AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND CLEAN PEARLAND COMMUNITY COMMITTEE Ordinance No. 622 was read in caption by Councilmember Miller. (Second and final reading) It was moved by Councilmember Miller, seconded by Councilmember Frank, that Ordinance No. 622 be passed and approved on its second and final reading. There was a brief discussion of whether the contract should expire ir._,,,, 1992 or 1993 and it was the consensus of the Council that a one year contract would provide more flexibility in the beginning. Said Ordinance No. 622 reads in caption as follows: ORDINANCE NO. 622 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AUTHORIZ- ING THE EXECUTION OF AN AGREEMENT, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN THE CITY OF PEARLAND AND THE CLEAN PEARLAND COMMUNITY COMMITTEE. Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson, and Wolff. Voting "No" - None. Motion passed 5 to 0. MEETING RECESSED AT 8:23 P. M. MEETING RECONVENED AT 8:34 P. M. NEW BUSINESS ORDINANCE NO. 509-28, ORDINANCE AMENDING LAND USE AND URBAN DEVELOP- MENT ORDINANCE, C. DAVIS WILSON, AGENT FOR FEDERAL DEPOSIT INSURANCE CORPORATION, OWNER, FROM CLASSIFICATION R-4, PLANNED UNIT DEVELOPMENT TO R-3, SINGLE FAMILY DWELLING DISTRICT Ordinance No. 509-28 was read in caption by Councilmember Colson. (First Reading) It was moved by Councilmember Colson, seconded by Councilmember Wolff, that Ordinance No. 509-28 be passed and approved on its first reading. Said Ordinance No. 509-28 reads in caption as follows: ORDINANCE NO. 509-28 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 PROVI- SIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Wolff, Colson, Miller, Frank, and Weber. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 620-1, ORDINANCE AMENDING CONTRACT WITH BEST WASTE, INC. Ordinance No. 620-1 was read in caption by Councilmember Wolff. (First Reading) 207 It was moved by Councilmember Wolff, seconded by Councilmember Colson,' that Ordinance No. 620-1 be passed and approved on first reading. Said Ordinance No. 620-1 reads in caption as follows: ORDINANCE NO. 620-1 AN ORDINANCE AUTHORIZING AND APPROVING AN AMENDMENT TO THE CONTRACT BY AND BETWEEN THE CITY OF PEARLAND, TEXAS AND BEST WASTE SYSTEMS, INC. FOR THE PURPOSE OF WORKING A REDUCTION OF RATES FOR CERTAIN NON-FOOD SMALL COMMER- CIAL USERS, PROVIDING FOR A SAVINGS CLAUSE, A SEVERA- BILITY CLAUSE AND AN EFFECTIVE DATE. There followed a discussion concerning what establishments this amend- ment would affect and the rates to be charged. The rates for roll -off containers, which City Manager DeShazer stated had not changed from the original contract, were discussed as well as the method of pick-up for roll -offs which can be by a private hauler requested by the indi- vidual business after obtaining the City's permission. An objection was raised to outside haulers having to obtain the City's permission and it was suggested this portion of the contract be looked at in more detail. There followed a lengthy discussion regarding possible wear on City streets by these private haulers, insurance requirements, permits, and licenses and the process for obtaining the needed permission. The desire was expressed that this be looked into further. It was noted the last time rates were changed was in 1982 and views were expressed from those having opposing ideas on this matter. Upon call for the question, the Council voted as follows: Voting "Aye" - Councilmembers Wolff, Colson, Miller, and Frank. Voting "No" - Councilmember Weber. Motion passed 4 to 1. APPOINTMENT OF TWO MEMBERS TO THE PLANNING AND ZONING COMMISSION TO FILL THE UNEXPIRED TERMS OF LEROY SAVOIE AND MIKE BUNCH It was moved by Councilmember Wolff, seconded by Councilmember Weber, that Emil Beltz be appointed to fill the unexpired term of Leroy Savoie and Jack Womack be appointed to fill the unexpired term of Mike Bunch on the Planning and Zoning Commission. Motion passed 5 to 0. Mayor Coppinger administered the Oath of Office to these two gentle- men. APPOINTMENT OF ONE ALTERNATE MEMBER TO THE ZONING BOARD OF ADJUSTMENT AND APPEALS It was moved by Councilmember Miller, seconded by Councilmember Wolff, that Dorothy Burgett be appointed as an Alternate Member of the Zoning Board of Adjustment. Motion passed 5 to 0. BID NO. B91-19, SALE OF SANITATION VEHICLES AND EQUIPMENT Council considered the following bids: COMPANY PRIMARY BID ALTERNATE A ALTERNATE B TMI EQUIPMENT $104,315.00 SOUTHWESTERN EQUIPMENT $ 82,500.00 $62,100.00 $46,000.00 $42,215.00 $36,500.00 City Manager DeShazer informed the Council of the equipment listed under Alternate A and Alternate B. It was moved by Councilmember Wolff, seconded by Councilmember Frank, that Bid No. B91-19 be awarded to TMI Equipment in the amount of $104,315.00, for the sale of the City's sanitation equipment. Motion passed 5 to 0. DISSOLUTION OF PEARLAND CLOVER FIELD AIRPORT COMMITTEE Mayor Coppinger referred to Councilmember Frank's question during his Council Activity report of how items are placed on the agenda. There followed a lengthy discussion involving the Council and the City Secretary regarding the method used to place this item on the agenda. A resolution passed in 1972 outlining Council procedure during meet- ings was referred to and it was suggested this procedure be updated and adhered to by all. It was suggested by Councilmember Wolff that if the placement of this item on the agenda was in question, that it be passed at this time and placed on the next agenda for consideration. Mayor Coppinger asked if Councilmember Wolff's suggestion was a motion and Councilmember Frank indicated he would second it for purposes of discussion. Councilmember Frank stated that even though the way the item was placed on the agenda was not correct according to the resolution (72- 4), he would be willing to consider the item now. Councilmember Wolff withdrew his motion. After more discussion as to the legality of the agenda item, it was moved by Councilmember Weber, seconded by Councilmember Frank, that the item be placed on the agenda for consideration at this time. After continued discussion, the Council voted 5 to 0 to place this item on the agenda. Councilmember Weber referred to the letter he previously read from Friendswood Mayor Schrader and stated he believed we should, like Friendswood, conclude that the Clover Airport Committee as constituted by the cities of Friendswood, Pearland, and Alvin has been abandoned and is now defunct. It was moved by Councilmember Weber, seconded by Councilmember Miller, that we dissolve our portion of that committee and remove any and all designates to the committee and send a certified copy of the minutes of this action to the FAA immediately upon them being available and to the cities of Alvin and Friendswood. Mayor Coppinger stated he appreciated Councilmember Frank's involve- ment in the committee in behalf of the City of Pearland and made other observations regarding Clover Field. Councilmember Frank informed he had been appointed as liaison to the Clover Field Committee, following in the footsteps of Councilmembers Smith, Miller, and Roberts, respectively. Mr. Frank commented the master study would not cost anything to receive. 09 Councilmember Weber stated he felt Clover Field was a viable busine ss and wished them success but felt there were strings attached to the City which would result in the City owning an airport. Councilmember Frank commented that he had advised the FAA in a meeting that the City of Pearland would not be involved in the master plan study nor in the purchase of Clover Field. Upon call for the question, the Council voted 4 to 1 with Councilmem- ber Frank voting against. AUTHORIZATION TO IMPLEMENT CHANGE IN METHOD OF RECEIVING FRANCHISE FEE PAYMENTS FROM HOUSTON LIGHTING AND POWER COMPANY City Manager DeShazer informed that HL&P has made it an option that cities can receive their franchise fees on a quarterly basis if they so desire. Mr. DeShazer stated this money can be invested quarterly and be earning interest rather than waiting until the end of the year for a lump sum. These payments will be estimated and should there be an overpayment, it will be deducted from the last payment of the year. - It was moved by Councilmember Weber, seconded by Councilmember Miller, that the City Manager be authorized to implement a change in receiving payments from HL&P going to a quarterly basis. Motion passed 5 to 0. AUTHORIZATION TO BID COMPUTER UPGRADE AND EXPANSION FOR THE POLICE DEPARTMENT Chief of Police Mike Hogg stated this was a maintenance of their present RMS system which is currently up to 90% of its capacity. This money in the amount of $32,506.00 was put in the budget to extend their data base. It was moved by Councilmember Wolff, seconded by Councilmember Colson, that authorization be given to bid the computer upgrade for the Police Department. Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:23 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 (e) LEGAL - 1) Status Report on Hill Sand Litigation; and 2) Discussion of Resolution of City's Judgment involving Jamison Litigation. MEETING RETURNED TO OPEN SESSION AT 10:03 P. M. - NO ACTION TAKEN UNDER EXECUTIVE SESSION Mayor Coppinger signed a certification of those items discussed in Executive Session. 71 • 1l;�: i The meeting adjourned at 10:04 P. M. Minutes approved as submitted and/or corrected this day of A. D., 1991 Ma or ATTEST: l� City Secre ry