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1990-05-14 CITY COUNCIL REGULAR MEETING MINUTESTo MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS HELD ON MAY 14, 1990, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Councilme t)er/Mayor Pro Tem Councilmember Councilmember Councilmember Councilmember Acting City Manager City Attorneys C. V. (Vic) Coppinger David L. Smith William E. Wolff Randy K. Weber Richard F. Tetens D. A. Miller, Jr. James DeShazer Lester Rorick & Robert Talton City Secretary Kay Krouse INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Councilmember David Smith. The Pledge of Allegiance was led by Councilmember Randy Weber. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the Minutes of the Regular Meeting of April 23, 1990 be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Weber, that the Minutes of the Special Meeting of May 7, 1990 be approved as presented. Motion passed 5 to 0 MAYOR'S ACTIVITY REPORT Mayor Coppinger issued a proclamation proclaiming June 1, 1990 as "Project Graduation" in Pearland. Jeff Wicker, President of the Student Council, accepted the proclamation. Mayor Coppinger issued a proclamation proclaiming the week of June 3-9, 1990 as "Safe Boating Week". Mayor Coppinger issued a proclamation proclaiming the week of May 20-26, 1990 as "Sexual Assault Awareness Week". Accepting the proclamation was Kathi Perkins, Community Outreach Coordinator, Women's Center of Brazoria County. Mayor Coppinger reported that tomorrow morning he will be attending the City Manager's Staff meeting in which he will be introduced to all the City Staff. He also reported attending a ceremony in West Columbia, along with County Judge John Damon, at which the first black Mayor in Brazoria County was installed. Mayor Coppinger administered the Oath of Office to Robert Cuna, the new Captain in the Police Department. Mrs. Cuna pinned the Captain's badge on her husband and he was presented with a plaque from members of his family in recognition of his achievements. COUNCIL ACTIVITY REPORTS Councilmember Miller reported on his participation at the fund raiser sponsored by the local Jaycees last Friday, which he said was for a very worthy cause. Saturday morning he attended the Parks Board Meeting and welcomed Barry Lastik back from sick leave. Saturday afternoon, in support of the Lupus Foundation, he participated in a judging contest at Apple Tree. He attended a breakfast given by OWN% 161 the Niday Funeral Home on May 2 and, in conclusion, stated he will be attending the B.C.C.A. meeting this Wednesday evening at Surfside Beach. Councilmember Smith reported attending the Clear Creek Watershed Steering Committee meeting here at City Hall last Wednesday, with representatives of the 17 entities involved in the project in attendance. Most of these entities have already passed the interlocal agreement, like the agreement we have on the agenda for final reading this evening. State funding on a portion of the cost of the project is dependent on this agreement being signed. The funding will amount to $800,000 with Harris County Flood Control matching it dollar for dollar. Councilmember Smith stated he felt this was the first project on Clear Creek where there is total participation. Councilmember Smith reported that in attending the Brazoria County Ten Year Study Committee meeting, he discovered that Galveston and Ft. Bend Counties had more bonded indebtedness than Brazoria County and it seems that Brazoria County is in good financial shape. Councilmember Smith reported that at the Drainage District meeting this morning further discussions were held on the Mary's Creek concrete lining project, west of Hwy. 35 and the storm sewer project work on Old Alvin Road. In addition, Councilmember Smith stated, the Drainage District signed their interlocal agreement on the Clear Creek Watershed project. Councilmember Weber reported that he too participated at the fund raiser sponsored by the Jaycees, and will also meet the City Staff Tuesday morning. In addition he is planning to attend Brazoria County Cities Association meeting this Wednesday. DEPARTMENTAL REPORTS Acting City Manager Jim DeShazer reported that, with the aid of Commissioner Plaster's crew, surfacing of Barry Rose Road was completed today. Mr. DeShazer reported that a study was made of the traffic problems at McLean and Walnut and the engineer had three basic recommendations; one of which we will be exploring and that is, the installation of a traffic signal light at that intersection which will be synchronized with the one on F.M. 518. In the long run, City Manager DeShazer informed, more will have to be done with this intersection. City Manager DeShazer reported that Ronny McWhirter and Dick Qualtrough met with the Highway Department contractor this morning concerning the two bridge projects, one on Dixie Farm Road and the other at Longherridge. The State will begin shortly on reconstruction of the Dixie Farm Road bridge. Mr. DeShazer introduced to Council Ms. Daisy Palmer, representative with T.M.L. Insurance. Ms. Palmer related that she has had discussions with Mary Hickling, Human Resource Coordinator, concerning the City's double coverage on the E.M.S., Fire Department and E.M.S. technicians, and the need for City Staff to review this in time for the next budget year. She discussed the options the City had in this matter and answered several questions from Council. CITIZENS 1. Frances Jamison, F. M. 518. Mrs. Jamison, who had signed to appear before Council, was not present at the meeting. 2. Charles Kinsey, 5208 W. Broadway. Mr. Kinsey, Attorney, appeared before Council on behalf of his client Mr. Cole. He spoke of the problems Mr. Cole has been experiencing recently with City Staff concerning his business, Cole's Flea Market on Telephone Road. Mr. Kinsey advised that his client feels he is being harassed by City personnel and the Police Department and he would like the Council to consider this matter and perhaps resolve the problem. 3. Robert J. Foley, 909 Evergreen Dr., Friendswood. Mr. Foley appeared before Council to request that they grant him a variance to the Subdivision Ordinance, to permit him to build on a lot in Sleepy Hollow that is less than what was originally platted. 4. Richard Jones, 1801 Sleepy Hollow. Mr. Jones appeared before Council as a spokesman for the Sleepy Hollow area homeowners to express their objections to the request made by Mr. Foley for a variance from Council to build on a lot 162 smaller than originally platted. Thirteen property owners signed a petition to that effect and feel that it would be detrimental to their property values and a violation of the deed restrictions, Mr. Jones stated. 5. Bill Fink, 1808 Washington Irving. Mr. Fink stated that his house is directly across the street from the property in question and he and the others on the same side of the street have 120' frontage. The lots on the other side of the street are 110' minimum, and he strongly objects to Mr. Foley's request to build on a lot with 80' frontage. DOCKETED PUBLIC HEARING PURPOSE OF THE HEARING: REQUEST BY TEXAS -NEW MEXICO POWER COMPANY FOR AN INCREASE IN ELECTRICAL RATES SPEAKING IN FAVOR OF THE PROPOSED REQUEST 1. Kenneth Bayam, District Manager of Texas -New Mexico Power Company. Mr. Bayam stated that the requested increase is for funding to build a power plant to serve this area. The minimum monthly rate for the months of May - October would be increased from $7.25 to $7.50, with a charge of 8.360 per KWH for all KWH; and the minimum monthly rate for the months of November - April would be $7.50, with a charge of 7.610 per KWH for all KWH. SPEAKING AGAINST THE PROPOSED REQUEST No one present spoke against the proposed request. QUESTION AND ANSWER PERIOD In answer to the questions by Council, Mr. Bayam informed that currently only four residence customers would be affected by this increase, and that approximately 30% of the power is purchased from Houston Lighting & Power, with their rates being less than HL&P. HEARING ADJOURNED COMPLETE TAPE OF THIS HEARING IS ON FILE IN THE OFFICE OF THE CITY SECRETARY CHANGE IN THE ORDER OF BUSINESS NEW BUSINESS RESOLUTION NO. R90-131 RESOLUTION SUSPENDING THE OPERATION OF PROPOSED RATE SCMLA,EB FILED BY TEXAS -NEW MEXICO POWER COMPANY FOR A PERIOD OF NINETY DAYS Resolution No. R90-13 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Resolution No. R90-13 be passed and approved on the first and only reading. In general Council discussion, Councilmember Wolff stated that the proposed rate increase is still less than that charged by HL&P and that he feels they should not have to wait 90 days to help fund their power plant. City Attorney Robert Talton informed that if Council takes no action, the rates will go into effect. Said Resolution No. R90-13 reads in caption as follows: RESOLUTION NO. R90-13 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, SUSPENDING THE OPERATION OF PROPOSED RATE SCHEDULES FILED BY TEXAS - NEW MEXICO POWER COMPANY FOR A PERIOD OF NINETY (90) DAYS BEYOND THE DATE ON WHICH SUCH SCHEDULES WOULD OTHERWISE GO INTO EFFECT. Voting "Aye" - Councilmembers Weber, Tetens and Miller. Voting "No" - Councilmembers Smith and Wolff. 163 Motion passed 3 to 2. MEETING RECESSED AT 8:43 P. M. MEETING RECONVENED AT 8:51 P. M. UNFINISHED BUSINESS ORDINANCE NO. 587, ORDINANCE AUTHORIZING THE EXE=CUTION OF A CONTRACT BETWEEN EARL LAIRSON AND COMPANY, CERTIFIED PUBLIC ACCOUNTANTS, AND THE CITY OF PEARLAND Ordinance No. 587 was read in caption by Councilmember Tetens. (Second Reading) It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Ordinance No. 587 be passed and approved on.the second and final reading. Said Ordinance No. 587 reads in caption as follows: ORDINANCE NO. 587 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT, A FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN EARL LAIRSON AND COMPANY, CERTIFIED PUBLIC ACCOUNTANTS, 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. 590, ORDINANCE APPROVING AN INTERLOCAL AGREEMENT BEIM THE CITY OF PEARLAND AND OTHER ENTITIES FOR THE PURPOSE OF PARTICIPATING IN THE CLEAR MW WATERSHED PLANNING, FUNDING AND IMPLEMENTATION OF PROJECTS WITHIN THE CLEAR MW WATERSHED Ordinance No. 590 was read in caption by Councilmember Smith. (Second Reading) It was roved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 590 be passed and approved on the second and final reading. Said Ordinance No. 590 reads in caption as follows: AN ORDINANCE APPROVING THE EXECUTION OF AN INTERLOCAL AGREEMENT, A FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORARTED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "All BY AND BETWEEN THE CITY OF PEARLAND AND THE PARTIES NAMED IN THE ATTACHED EXHIBIT. Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens and Miller. Voting "No" - None Motion passed 5 to 0. NEW BUSINESS (CONTINUED) PRESENTATION BY JACK MC GUFF, ARCHITECT, ON THE DESIGN PHASE OF THE MELVIN KNAPP ACTIVITY BUILDING EXPANSION Jack McDuff, Architect for the Melvin Knapp Activity Building expansion, discussed with Council some of the design questions hehadabout the project and informed them that he needed some guidance. Some of the -questions involved the type of material to be used on the outside of the building, a separate canopy along the walkway of the new building, and the type of kitchen to be installed. At the suggestion of Mayor Coppinger, Council concurred that this matter should be referred to the City Manager to work with the architect on the various questions on the design phase. 164 PRESENTATION BY AL LENTZ ON THE AUTHORITY STUDY FOR THE BRAZOS BEND WATER Al Lentz, the City's representative on the Board of Directors for the Brazos Bend Water Authority, brought the Council up-to-date on the activities of the Board since its establishment in 1986. He presented Council with copies of the Comprehensive Plan for Regional Water Supply Facilities and Regional Wastewater Collection and Treatment Facilities within the boundaries of the Authority, prepared by Lockwood, Andrews & Newnam, Inc. and Walsh Engineering, Inc. Mr. Lentz informed that if the Council had any questions on the plan, the consultants would be available to answer them. ORDINANCE NO. 509-21, ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, PROVIDING FOR A ZONE CHANGE FROM COAL BUSINESS TO OFFICE AND PROFESSIONAL, APPLICATION NO. 17, CITY OF PEARLAND, AGENT. Ordinance No. 509-21 was read in caption by Councilmember Wolff. (First Reading) It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Ordinance No. 509-21 be passed and approved on the first of two readings. Said Ordinance No. 509-21 reads in caption as follows: ORDINANCE NO. 509-21 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 PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber and Wolff. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 509-22, ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, PROVIDING FOR A ZONE OMM FROM ORAL BUSINESS TO COMMERCIAL, APPLICATION NO. 18, CITY OF PEARLAND, AGENT. Ordinance No. 509-22 was read in caption by Councilmember Weber. (First Reading) It was moved by Councilmember Weber, seconded by Councilmember Smith, that Ordinance No. 509-22 be passed and approved on the first of two readings. Said Ordinance No. 509-22 reads in caption as follows: ORDINANCE NO. 509-22 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 PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens and Miller. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 591, ORDINANCE AUTHORIZING E)MUNION OF CONTRACT BETWM THE CITY OF PEARI,AND AND LESTER RC)RICK, ATTaOMY AT LAW, FOR LEGAL SERVICES Ordinance No. 591 was read in caption by Councilmember Miller. (First Reading) It was moved by Councilmember Miller, seconded by Councilmember Weber, that Ordinance No. 591 be passed and approved on the first of two readings. Said Ordinance No. 591 reads in caption as follows: 165 ORDINANCE NO. 591 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT, A FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN THE CITY OF PEARLAND AND LESTER G. RORICK FOR THE PURPOSE OF PROVIDING LEGAL SERVICES. Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens and Miller. Voting "No" - None Motion passed 5 to 0. ORDINAL NO. 592, ORDINANCE AMMIZING EXECL)TION OF A CON'T'RACT BETWEEN THE CITY OF PEARLAND AND CITICORP NORTH MICA, INC. FOR THE LEASE/ U"IASE OF ONE NEW GRADALL; AND DEC2ARING AN EMERGENCY. City Manager Jim DeShazer explained that at a previous workshop, Council had outlined areas in the City in which drainage and the relieving of flooding problems were priortiy items. The 1976 model Gradall the City had purchased from the Brazoria County Drainage District No. 4 is in need of major repairs that will cost in the neighborhood of $18,000 to $20,000, with no guarantee how long it will work. Mr. DeShazer informed that Staff was recommending the purchase of a new Gradall and felt it was of an emergency nature since there is no alternative for buying a used one at this time. The new Gradall would cost $117,000.00 and could be obtained through a lease/purchase plan of 36 months, at 7.5% interest, with quarterly payments of $11,215.70. There is a provision in the contract that will allow the City to pay out the full amount with no penalty if the opportunity arises, City Manager DeShazer stated. Some of the questioning Council had of the City Manager involved whether or not this type of equipment could be rented and whether or not the equipment could be purchased through a local bank. Ordinance No. 592 was read in caption by Councilmember Smith. (First and Only Reading) It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Ordinance No. 592 be passed and approved on the first and only reading as an emergency ordinance. Said Ordinance No. 592 reads in caption as follows: ORDINANCE NO. 592 AN ORDINANCE AUTHORIZING AND APPROVING A CONTRACT BY AND BETWEEN THE CITY OF PEARLAND, TEXAS AND CITICORP NORTH AMERICA, INC. FOR THE LEASE PURCHASE OF ONE (1) NEW GRADALL MODEL G3WD SERIES E 4X4 HYDRAULIC EXCAVATOR, SIN 0136288, INCLUDING ANY AND ALL ATTACHMENTS AND ACCESSORIES; MAKING CERTAIN FINDINGS OF FACT RESPECTING THE BID PROCESS AND DECLARING AN EMERGENCY. Voting "Aye" Councilmembers Miller, Smith, Weber and Wolff. Voting "No" - Councilmember Tetens. Motion passed 4 to 1. ORDINANCE NO. 593, ORDINANCE AUTHORIZING EXDCUTION OF CONTRACT BETWEEN THE CITY OF PEARLAND AND DOLKLA.S LEIFESTE AND BILL HFNSCH FOR TRAFFIC ENGINEERING SERVICES City Manager DeShazer explained that the City currently does not have anyone on Staff that is skilled in traffic engineering. He said that Douglas Leifeste works for the City of Houston and Bill Hensch is retired from the City of Houston, Traffic Engineering Department. These individuals will only be called out when a traffic study is needed, on a contract basis. City Manager DeShazer said he felt the City will be getting experts in the field at a very good cost. Ordinance No. 593 was read in caption by Councilmember Tetens. (First Reading) It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Ordinance No. 593 be passed and approved on the first of two readings. Said 166 Ordinance No. 593 reads in caption as follows: ORDINANCE NO. 593 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT, A FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES DESIGNATED EXHIBIT "A" BY AND BETWEEN THE CITY OF PEARLAND AND DOUMAS LEIFESTE AND BILL HENSCH FOR THE PURPOSE OF TRAFFIC ENGINEERING SERVICES. Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens and Miller. Voting "No" - None Motion passed 5 to 0. AUTHORIZATION TO SOLICIT BIDS FOR FIREFIGHTERS PROTECTIVE CLOTHING FOR THE PEARLAND FIRE DEPARTMENT City Manager DeShazer explained that the Fire Department would like to replace approximately 40 sets of firefighting gear. There is a line item in the budget to cover a portion of the cost and the remaining portion would be purchased by the Fire Department, using their funds. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Staff be authorized to go out for bids for firefighter protective clothing and the City's portion of the payment of this, from the appropriate fund, would not exceed the line item in the Budget. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber and Wolff. Voting "No" - None Motion passed 5 to 0. AWARD OF PROPOSAL, BID NO. B90-10, FOR MESSAGE SWITCH SUB -SYSTEM FOR THE CITY OF PEARLAND POLICE DEPARTMENT City Manager DeShazer informed that sometime back the Council passed a Resolution authorizing the appointment of a committee to recommend guidelines for the purchase, installation, operation and maintenance of a mobile data terminal system and to recommend terms of an interlocal agreement with the City of Friendswood for these purposes. The committee was authorized to develop bid specifications for a Message Switcher, which was essential for the operation of this system, and to solicit bids. Councilmember Smith, Captain Jay Chapman and Harris Maulden, Communications Technician, were appointed to the committee and bids were opened on May 1, Mr. DeShazer stated. A lengthly discussion was held between Council, Police Chief Garner and Captain Chapman. Council's questions concerned the operation of this system, the funding available and different sections of the draft interlocal agreement. It was moved by Councilmember Wolff, seconded by Councilmember Weber, that this item be passed to a future Council Agenda. Voting "Aye" - Councilmembers Miller, Tetens, Weber and Wolff. Voting "No" - Councilmember Smith. Motion passed 4 to 1. OTHER BUSINESS MEETING RECESSED TO EXECUPIVE SESSION AT 10:15 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Coppinger read from the posted agenda the topic to be discussed in Executive Session this evening. MEETING RETURNED TO OPEN SESSION AT 10:50 P.M. - NO ACTION TAKEN Mayor Copp4nger read the following item which was discussed in Executive Session arAAjgnedf!f certification to that effect: UNDER SUBSECTION (e) LEGAL - City Council had a discussion with the City Attorney about the pending litigation concerning Hill's Landfill. The meeting adjourned at 10:51 P. M. Mit'utp approved a-- 31-Mlittr-A and/int' cr)-rt"ritrd thi:=. �� days' o , A.D., 1990. e Mayor ATTEST: City Sfbcretary 167