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1990-06-11 CITY COUNCIL REGULAR MEETING MINUTES177 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS HELD ON JUNE -11, 1990, AT 7:30 P. M. IN THE CITY HALL, 3519 LIBERTY DRIVE, PFMLAND, 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 L. Smith D. A. Miller, Jr. William E. Wolff Richard F. Tetens Randy K. Weber James DeShazer Lester Rorick Kay Krouse The Invocation was given by Councilmember Randy Weber. The Pledge of Allegiance was led by Councilmember David Smith. It was moved by Councilmember Tetens, seconded by Councilmember Weber, that the Minutes of the Regular Meeting of May 29, 1990 be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger expressed his feelings about being very thankful that the City came through what could have been a community disaster from the chemical fire last Friday. He thanked all the volunteers and city employees present who helped in preventing a City-wide disaster and mentioned that he would be writing a letter of gratitude to ,,all the neighboring volunteers and individuals who extended a helping hand. Mayor Coppinger informed that the Council will be accepting, through June 30, applications for the City Manager's position. He appointed the following as members to the committee who will be screening these applications: Councilmember Miller, Chairman, Councilmember Tetens and Mayor Coppinger. COUNCIL ACTIVITY REPORTS Councilmember -Miller reported receiving some citizen complaints regarding trash and heavy trash pickup; parks closing at 10:00 P.M.; and a resident of Shank Road having a problem of not knowing when he could get to his home last Saturday, all of which have been taken care of. Councilmember Miller reported being at the disaster site all day Friday and attending the Special Meeting on Saturday morning. In closing, Councilmember Miller expressed the concern he had over a recent article in the newspaper in which the Mayor had written about appointing a Citizen Advisory Committee. In reading a portion of Section 3.01 and Section 3.07 (p) of the Pearland City Charter, Councilmember Miller stated that it appears that the appointment of this committee and its duties might be in violation of the City Charter. Mayor Coppinger responded that at this time he has asked for an attorney's opinion on this and stated that he would not take any action until this matter is clarified. Councilmember Tetens reported he had received phone calls from citizens on matters similar to the ones Councilmember Miller had reported. W Councilmember Smith reported meeting with representatives of a company who have offered to come in, at no cost to the City, to investigate areas in which we might be losing water. At that time they will present a plan for us to recover the loss. Councilmember Smith mentioned that the company will be getting in contact with the City Manager on this matter. Councilmember Smith reported attending the Drainage District meeting this morning and informed that the Clear Creek Watershed Committee will be meeting in our City Hall this Wednesday evening. Councilmember Smith recognized, in the audience, employees from the police, fire and public works departments and commended them for their outstanding performances last Friday. Councilmember Weber stated that he, too, had concerns about the appointment of a Citizens Advisory Committee. Councilmember Weber reported that he was at the fire scene until early Saturday morning and that he was very impressed by the performances of all the volunteer workers and individuals assisting. He hoped to have a complete list of all those who helped so that all will receive thank -you letters. Councilmember Wolff reported that it has been brought to his attention that the detour bridge, to be built by the State Highway Department for use while they are constructing the bridge on Longherridge Drive across Mary's Creek, appears to be in the path of an old oak tree. Councilmember Wolff suggested that City Staff contact members of the Highway Department to see if this temporary bridge could be rerouted so that the tree would not have to be removed. Councilmember Wolff informed that he had contacted Representative Jack Harris for his assistance in securing a cannon to be placed in Independence Park; but that he was informed recently by Representative Harris that no cannons are available. DEPARTMENTAL REPORTS Acting City Manager Jim DeShazer remarked that he too was very proud of all the efforts put forth by those involved in battling the fire on Friday. He informed that the investigation is still going on and, hopefully, he would have a written report for Council and the news media by Wednesday. CITIZENS 1. Leroy Savoie, 2612 Taylor Lane. Mr. Savoie spoke to Council expressing his concerns about some of the deficiencies that he feels are currently in the Sign Ordinance. He listed several problem areas that he felt needed to be addressed and offered his services to work on a committee to examine them. 2. Nick Boyko, 3704 Dorothy. Mr. Boyko advised Council that he was speaking in his capacity as Chairman of the Zoning Board of Adjustment and that he, too, had concerns about the Sign Ordinance. Since the Sign Ordinance went into effect back in 1988, the Board has met to consider 15 variances for signs, and in each of these cases, the variance request was for increasing the signage allowed to them because of the wording of the Ordinance. The Board would like to request that Council look at this particular part of the Sign Ordinance to see if the wording needs to be corrected. 3. Donna Watkins, 1808 Sleepy Hollow Dr. Mrs. Watkins spoke to Council expressing her concerns about hearing that the City might put in a park at 1807 Washington Irving, and listed her reasons for not wanting a park that would be behind her house. 4. Robert J. Foley, 909 Evergreen Dr., Friendswood. Mr. Foley again appeared before Council with a request for a variance to build a new hon - on Lot 151 Block 10 of Sleepy Hollow Estates, (1807 Washington Irving). Mr. Foley submitted to Council some information concerning this matter, which included a drawing that showed the approximate distance between houses on Washington Irving and a sketch showing the proposed house to be built. CHANGE IN THE ORDER OF BUSINESS NEW BUSINESS 179 COUNCIL DEiCISION ON RHQUEST BY ROBERT FOLEY, FOLEY HOMES, FOR A VARIANCE TO BUILD ON LOT SMALLER THAN ORIGINALLY PLATTED (1807 NASHINGTON IRVING) It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Council grant this variance to Mr. Foley with the following stipulations: 1) that he will build Mr. Tommy Rives' house plan No. 2129 which he presented to Council as the house he intends to build there; 2) that he follow the plot plan that he presented to Council; and 3) that he secures, prior to getting his building permit, a title commitment to this lot. Council questioned Mr. Foley on whether the change in the lot line next to Lot 10 had been recorded. Mr. Foley responded that it had. In addition Council had questions concerning whether or not the change in the lot lines constituted a replat and should approval of this need to be considered by the Planning and Zoning Commission. Voting for the Motion: Councilmembers Wolff and Smith. Voting Against the Motion: Councilmembers Miller, Tetens and Weber. Motion failed 3 to 2. DOCKETED PUBLIC HEARINGS - NONE UNFINISHED BUSINESS 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 On the request by Acting City Manager DeShazer, Mayor Coppinger advised that this item would be passed to a future agenda. 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 001- VIOLATION THEREOF Fire Chief Larry Steed informed that he and the City Attorney reviewed the Ordinance after the first reading and found that there needed to be an addition to this ordinance that addressed persons engaged in the retail distribution of Class C fireworks. It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the following amendment be incorporated into Ordinance No. 513-2: on Page 3, add to Sec. 10-76, paragraph (e) Persons engaged in the retail distribution of Class C fireworks (who were permitted by the State of Texas to sell fireworks as a retail distribution source only), outside the City of Pearland, but within the five thousand foot (50001) limits of this ordinance as of January 1, 1990, shall be exempt from prosecution for the sale of, possession, storage and transportation of Class C fireworks, provided that the said establishment meets all requirements and regulations as set out by the Texas State Board of Insurance Fireworks Rules, and that the location of said establishments have been approved by the City of Pearland Fire Marshal. Motion passed 5 to 0. Ordinance No. 513-2 was read in caption, along with the entire addition of paragraph (e) of Section 10-76, by Councilmember Wolff. (Second Reading) It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that +-� Ordinance No. 513-2 as amended be passed and approved on the second and final reading. 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. 180 Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber and Wolff. Voting "No" - None Motion passed 5 to 0. NEW BUSINESS (CONTINUED) EXTENT OF CITY PARTICIPATION IN THE CLOVER FIELD AIRPORT FEASIBILITY STUDY, PHASE 2 Councilmember Miller, Council liaison on the committee for the Clover Field Airport Feasibility study, reviewed with Council the city's involvement in this study along with the cities of Friendswood and Alvin for the purchase of this airport facility. Pearland's cost in the participation of this study was $875.00, and the question tonight, Councilmember Miller informed, was whether_ the City should continue to participate in the next phase which is the beginning of a Master Plan. It was his understanding that the City of Friendswood is going ahead with the Master Plan and that the City of Alvin will participate only 20%, Councilmember Miller stated. The cost to Pearland will be approximately $3500 to participate. Councilmember Miller then reviewed with Council portions of the feasibility study pertaining to the financial situation of the airport. It was mentioned that a municipal airport would have a negative impact on school and county taxes; that the figures in the study were not audited and that the question of flooding in that area had not been resolved. City Manager Jim DeShazer responded to a question by the Mayor by stating that he was contacted by the Chamber of Commerce and was told that they would like to assist in the cost to Pearland for the Master Plan with a contribution of $500.00. It was moved by Councilmember Smith, seconded by Councilmember Weber, that the City of Pearland participate one third in the Master Plan with a cap of $3500 being the maximum and with the flood plain issue being resolved. In general Council discussion questions were raised concerning whether the Master Plan would provide better information than the first study, and if the airport were to be designated by H -GAC as a reliever airport to Hobby, would the exisitng runway need to be upgraded. Mr. John Watson and Mr. Lou Fisher each spoke to Council about the advantages of proceeding with the Master Plan. Mr. Tommy Alexander, Jr., representing the Chamber of Commerce, informed Council that the Board members support the idea of Pearland continuing on with the Master Plan and will make a donation towards the cost for Pearland to participate. Mr. Kevin Brown, son of the owner of the airport, stated that the family was going to donate $100,000.00 for a new terminal building and also donate $100,000.00 to go toward the 90% federal funding, which would provide funds for improvements to the airport. Vote on the Motion as follows: Voting "Yes" - Councilmembers Smith and Weber Voting "No" - Councilmembers Miller, Tetens and Wolff Motion failed 3 to 2. MEETING RECESSED AT 9:09 P. M. MEE'T'ING RECONVENED AT 9:25 P. M. RDCWSIFICATION OF JOB DESCRIPTION AND PAY SCHEDULE FOR CITY EMPLOYEE City Manager Jim DeShazer explained that with the approval of :the Charter amendment in the last May election, the position of department head in Municipal Court was created. The classification proposed is in keeping with the classification of other supervisors within the City structure and a job description was presented for Council review. It was moved by Councilmember Weber, seconded by Councilmember Miller, that the cl-&�sifica4on'42of department head in Municipal Court and the presented pay schedule be' -moved. Councilmember Smith questioned whether the Municipal Court supervisor was appointed by Council. City Manager DeShazer responded that the Charter amendment, voted on, placed the appointment under the City Manager. Motion passed 5 to 0. APPROVAL OF PROVIDING WATER SERVICE TO MR. CASTANEDA, 15011 WAGON TRAIL City Manager DeShazer explained that this residence is outside the city limits. Mr. Castaneda approached Ronny McWhirter, Public Works Superintendent, to obtain water service. He was advised that he would have to pay for the cost of the pipe and materials necessary to do this. If Mr. Castaneda is agreeable to the cost, we would like permission from Council to give him water service. It was moved by Councilmember Wolff, seconded by Councilmember Miller, that Council approve providing water service to Mr. Castaneda at 15011 Wagon Trail if he will pay for the cost of the materials. Motion passed 5 to 0. OTHER BUSINESS MEETING RE ESSED TO EX8(x1TIVE SESSION AT 9:30 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 10:25 P. M. - NO ACTION TAKEN Mayor Coppinger read the following item which was discussed in Executive Session and signed a certification to that effect: UNDER SUBSECTION (e) LEGAL - Council discussed with the City Attorney some contemplated and pending litigation. ADJOURN The meting adjourned at 10:26 P. M. Minutes approved as submitted and/or corrected this r-1,:�) day of A.D., 1990. Mayor ATTEST: City Sedietary 18l