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1990-05-29 CITY COUNCIL REGULAR MEETING MINUTES170 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEW", TEXAS HELD ON MAY 29, 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 Councilmember/Mayor Pro Tem Councilmember Councilmember Councilmember Councilmember Acting City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE C. V. (Vic) Coppinger David Smith William Wolff Randy Weber Richard Tetens D. A. Miller James DeShazer Lester Rorick Kay Krouse ,Aar VV, -A The Invocation was given by Councilmember Richard Tetens. The Pledge of Allegiance was led by Councilmember D. A. Miller. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the Minutes of the Regular Meeting of May 14, 1990 be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the Minutes of the Special Meeting of May 21, 1990 be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger reported that he is in the process of getting acquainted with the City Staff and that he recently met with the Superintendent of Maintenance and Operation. In addition, he spent the holiday studying the Budget and Finances. He informed the Council that he had read a very impressive article in the May issue of the T.M.L. magazine. The article is entitled "Fifty -Three Ideas For Governing Better in 1990 and Beyond" and well worth reading, Mayor Coppinger stated. The Mayor advised that at this time he will be following two of these fifty-three rules by writing a monthly Mayor's Column for the newspapers, to keep the citizens informed; and appointing a Citizen Advisory Committee so that he can better understand what this community needs and wants. Councilmember Miller reported that subsequent to the workshop on the Airport Feasibility Study, there will be a forthcoming item on the agenda for Council to consider whether or not to proceed further with this. In addition, he has had some citizen complaint phone calls and that they have been taken care of by City Staff. Councilmember Tetens questioned the status of the sidewalk in front of the Pasternak Park, the hike and bike trail and the extension of Magnolia Road. In response, Acting City Manager Jim DeShazer informed that he has had several estimates from contractors on the sidewalk, and each have seemed too high. He will continue to work on this to get the job done as cheaply as possible. On the hike and bike trail, City Manager DeShazer informed that he has received the easement deed from the Carden -Jackson School last week, but that we are still awaiting the release from the lien holder. On the Magnolia Road extension, City Manager DeShazer stated, we are at a standstill in regard to the paving; however, City crews are making sure that the drainage in that area is working properly. 0" 171 Councilmember Smith reported that he has spent considerable time looking into the mobile data terminals in the Police Department and hopefully by the next meeting we will have some accurate information on what we will be able to accomplish with this equipment and the cost involved. In response to the Mayor's question, Councilmember Smith informed that he and City Engineer Dick Qualtrough met with the Chief Design Engineer with the Highway Department about the installation of left turn lanes at some intersections along F. M. 518, from Westminister, west to Hwy. 35. The State Engineer stated that they would be looking into this and give us something in writing in the near future. Couhcilmembei Weber reported attending a Tri -County luncheon on May 23, at which Larry Milner, President of the Texas Chamber of Commerce, gave a very informative speech. In addition, he, too, received several citizen complaint calls of which most have been handled. Councilmember' Weber questioned City Manager DeShazer about the drainage work in Twin Creek Woods. Mr. DeShazer responded that it was determined that we will be going deeper with the culverts or pipe than was originally planned; consequently, we will be reshooting elevations in that area. Acting City Manager Jim DeShazer reported meeting with Mrs. Jackson, with the Carden -Jackson School, and her husband regarding the expansion of the school into the other building. Code Enforcement Officer Ernie Buenrostro and Fire Chief Larry Steed have looked over this building to see what needs to be done beforehand for use as a school. City Manager DeShazer informed that some modifications to the mechanics shop have been budgeted in our current budget and, and in going out for bids on this project, he would like to include an alternate bid for a canopy over the gas pumps at the Service Center. Council concurred that these items should be bid. CITIZENS 1. Leslie Schroeder, 3220 Three Sister Circle. A spokesperson for the concerned citizens spoke in place of Mrs. Schroeder. Their main concern was the fact that they have to make repeated calls to the owner and City personnel each year before the tall grass is mowed on the vacant land around their homes in the Alexander Landing Subdivision. They feel the tall grass is a very serious health problem. In addition, the other problem they had in their area was that the employees working for Offenberger Homes had no sanitation facilities. In each case they felt the problem was resolved when they contacted Councilnember Wolff, and they think that these matters should be taken care of in the general line of business. 2. Janelle Powell, 1805 Washington Irving. Mrs. Powell spoke in favor of a variance being granted for Robert Foley to build on a lot smaller than was originally platted. Mrs. Powell had submitted a petition containing 27 signatures of residents in the area who were in favor of the variance being granted. She indicated that she was speaking not as Mr. Foley's daughter, but as the property owner next to the lot in question. 3. Richard Jones, 1801 Sleepy Hollow. Mr. Jones spoke against Robert Foley's request for a variance. Mr. Jones informed that he had acquired other information from City files that revealed a similar situation happened in that area in the middle 1970's in which a builder wanted to build three dwellings on two homesites. At that time a petition, containing over 100 signatures of area residents who protested the reducing of building lots sizes from the original filed plat, was presented to Council. Council then instructed Staff to include in the Building Code the provision that no building permit shall be issued on any lot smaller than what was originally platted except by permission of the City Council. In conclusion Mr. Jones stated that he would like the neighborhood kept in tact and does not want the property devalued. 4. Bill Fink, 1808 Washington Irving. Mr. Fink spoke against Mr. Foley's request for a variance, stating that 26 names does not constitute the majority of people in that area. He mentioned that the Sleepy Hollow Subdivision was platted with the intention of large size lots and that he feels that a smaller lot would not look good in the neighborhood. 172 5. Glenn Stanford, 5306 Apple Springs. Mr. Stanford stated that when he retired as a Captain from the Police Department in November, he was paid for his accumulated sick time at the rate of his Captain's pay instead of Chief's pay, at which he accumulated the sick time. Mr. Stanford said he feels the City owes him the difference between the two rates. DOCKETED PUBLIC HEARINGS - NONE UNFINISHED BUSINESS ORDINANCE NO. 509-21, ORDINANCE AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, PROVIDING FOR A ZONE CHANGE FROM (SAL BUSINESS TO OFFICE AND PROFESSIONAL, APPLICATION NO. 17, CITY OF PEARLAND, AGENT. Ordinance No. 509-21 was read in caption by Councilmember Smith. (Second Reading) It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 509-21 be passed and approved on the second and final reading. 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 ORDINANCE, PROVIDING FOR A ZONE CHANGE FROM GENERAL BUSINESS TO APPLICATION NO. 18, CITY OF PEARLAND, AGENT Ordinance No. 509-22 was read in caption by Councilmember Weber. (Second Reading) It was moved by Councilmember Weber, seconded by Councilmember Tetens, that Ordinance No. 509-22 be passed and approved on the second and final reading. 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 EMC TPION OF CONTRACT BETWEEN THE CITY OF PEARLAND AND LESTER RORICK, ATPORNEY AT LAW, FOR LEGAL SERVICES Ordinance No. 591 was read in caption by Councilmember Wolff. (Second Reading) It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Ordinance No. 591 be passed and approved on the second and final reading. Said Ordinance No. 591 reads in caption as follows: 173 ORDINANCE NO. 591 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CONTRACT, A 'FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORTATED 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 Miller, Tetens, Smith, Weber and Wolff. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 593, ORDINANCE AUTHORIZING EMCUTION OF CONTRACT MMM THE CITY OF PEARLAND AND DOUBLAS LEIFESTE AND BILL HENSCH FOR TRAFFIC ENGINEERING SERVICES Ordinance No. 593 was read in caption by Councilmember Miller. (Second Reading) It was moved by Councilmember Miller, seconded by Councilmember Smith, that Ordinance No. 593 be passed and approved on the second and final reading. Said O'rdinan*�e�l6,i; 159 3 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 DOUBLAS LEIFESTE AND BILL HENSCH FOR THE PURPOSE OF TRAFFIC ENGINEERING SERVICES. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber and Wolff. Voting "No" - None Motion passed 5 to 0. NEW BUSINESS BID NO. B90-11, FIREFIGHTER`S PROTECTIVE CLO'T'HING Council reviewed the following bids: COAT UNIT TROUSER UNIT TOTAL PRICE VENDOR MAKE PRICE PRICE (40 SETS) DELIVERY DATE FIRE BRIGADE MFG. CO. GLOBE $527.00 $359.00 $35,440.00 120 DAYS GLOBE MANUFACTURING CO. GLOBE $592.15 $400.60 $39,710.00 90-120 DAYS CASCO INDUSTRIES, INC. GLOBE $340.00 $228.00 $22,720.00 90-120 DAYS Fire Chief Larry Steed recommended award of bid to Casco Industries, Inc. He explained that there is a line item in the budget of about $8000.00 for equipment and that the difference would be paid out of the Volunteer Fire Department funds. It was moved by Counciln-ember Smith, seconded by Councilmember Tetens, that the low bid, in the amount of $22,720.00, for the firefighter's equipment be awarded to Casco Industries, Inc. with the understanding that funds that exceed what is left in the Fire Department's budget for new equipment will come from the Volunteer Fire Department's funds. Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens and Miller. Voting "No" - None Motion passed 5 to 0. 174 ORDINANCE NO. 513-2, ORDINANCE AMENDING CHAPTER 10 OF THE CITY CODE OF ORDINANCES, CREATING NEW SECTIONS DEALING WITH FIREWORKS, AND PROVIDING FOR A PENALTY FOR VIOLATION THEREOF Ordinance No. 513-2 was read in caption by Councilmember Tetens. (First Reading) It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Ordinance No. 513-2 be passed and approved on the first of two readings. Said Ordinance No. 513-2 reads in caption as follows: ORDINANCE NO. 513-2 AN ORDINANCE AMENDING CHAPTER 10, FIRE PREVENTION AND PROTECTION, NAMING ARTICLE III, FIREWORKS, AND CREATING SECTIONS 10-73 THROUGH 10-80 OF THE CODE OF ORDINANCES OF THE CITY, PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SEVERABILITY CLAUSE, A REPEALING CLAUSE AND A SAVINGS CLAUSE; AND PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber and Wolff.:r Voting "No" - None Motion passed 5 to 0. ISSUING SEASON PASSES TO E.M.S. AND FIRE DEPARTMENT VOLUNTEERS AND TO THE LIBRARY EMPLOYEES AND THEIR DEPENDENTS FOR USE OF THE SWIMMING POOL AT INDEPENDENCE PARK Acting City Manager DeShazer informed that last year a Minute Order was passed by Council that granted City employees and their dependents free use of the swimming pool. It was moved by Councilmember Wolff, seconded by Councilmember Weber, that the previous Minute Order be amended to include the immediate families and employees of the volunteer Fire and E.M.S. departments and employees of the Library to be issued season passes for use of the swimming pool at Independence Park. Voting "Aye" - Councilmembers Wolff, Weber, Tetens and Miller. Voting "No" - None Motion passed 4 to 0. Councilmember Smith abstained. ACCEPTANCE OF RESIGNATION OF ROBERT TALTON, CITY ATTORNEY Councilmember Weber read the following letter into the records: January 19, 1990 The Honorable Tom Reid, Mayor City of Pearland Pearland, Texas 77588 RE: RESIGNATION OF CITY ATTORNEY Dear Mayor Reid: This is to notify you that in accordance with my contract with the City of Pearland, I am giving you thirty (30) days notice of my resignation. This would make it effective February 19, 1990. It has been a pleasure serving the City of Pearland and working with the City Council and Staff. I believe it is time for me to devote more time to my private practice. I will certainly cooperate with the new City Attorney and attempt to make a list of pending matters. Sincerely, /s/ Robert E. Talton City Attorney RET/tjv _ 1h: It was moved by Councilmember Weber, seconded by Councilmember Wolff, that Council accept the resignation of Robert E. Talton, City Attorney. Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens and Miller. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 582-1, AN ORDINANCE AMENDING ORDINANCE NO. 582, ESTABLISHING SPEED LIMITS DURING CONSTRUCTION ON A PORTION OF DIXIE FARM ROAD WITHIN THE CORPORATE LIMITS OF PEARLAND AND PROVIDING A PENALTY FOR VIOLATION THEREOF At the request of Acting City Manager Jim DeShazer, Mayor Coppinger advised that this item would be passed to a future agenda. OTHER BUSINESS MEETING RECESSED TO EXEjCUTIVE SESSION AT 8:26 P.M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECi'ION 2 Mayor Coppinger read from the posted agenda the topics to be discussed in Executive Session this evening. MEETING RETURNED TO OPEN SESSION AT 10:15 P.M. - NO ACTION TAKEN Mayor Coppinger read the following items which were discussed in Executive Session and signed a certification to that effect: UNDER SUBSECTION (f) - Council had a discussion concerning acquisition of real property. 11 UNDER SUBSECTION (g) PERSONNEL - Council discussed some personnel items. ADJOURN The meeting Mourned at 10:16 P. M. Minutes approved as submitted and/or corrected this day of _ A.D., 1990. 11 40��� Mayor4 ATTEST: ;t�4 -r,/, City Se etary 175