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1990-08-13 CITY COUNCIL REGULAR MEETING MINUTES201 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS HELD ON AUGUST 13, 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 C. V. (Vic) Coppinger David Smith (Entered Chambers at 7:45 P.M.) William Wolff D. A. Miller Richard Tetens Randy Weber James DeShazer Lester Rorick Kay Krouse The Invocation was given by Councilmember Richard Tetens. The Pledge of Allegiance was led by a Boy Scout from local Troop 464. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Wolff, that the Minutes of the Regular Meeting of July 23, 1990 be approved as presented. Motion passed 4 to 0. It was moved by Councilmember Wolff, seconded by Councilmember Weber, that the Minutes of the Special Meeting of August 6, 1990 be approved as presented. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger complimented the city crews for their involvement in the new black top on some of the streets throughout the City. Mayor Coppinger stated that he regretted to hear that Patty Bates, Clean Pearland Coordinator, had resigned to accept another position. He commended her for all her efforts in the Clean Pearland program, her work with the Senior Citizens and her involvement with our city being selected to receive a $20,000 grant for litter control and recycling from the Texas Highway Department. She will be missed, Mayor Coppinger stated. COUNCIL ACTIVITY REPORTS Councilmember Miller reported he had visited Shank Road and met with Mrs. Castillo, Mrs. Churchman and Mrs. Ivy. He reported attending the Budget workshop on July 31, the Special Meeting on the refinancing of bonds on August 6 and the Parks Board meeting on August 11. He participated in the interview of applicants for the position of City Manager on August 4 and on August 10 he went out to the bridge construction sites on Longherridge and on Dixie Farm Road. Councilmember Tetens reported that his neighbors are relieved that the dam on Mary's Creek made by the Longherridge bridge contractor has been removed. Councilmember Weber reported receiving some citizen complaints about the need for street repairs on Old Alvin Road, and that the stop sign was down on the corner of Wheatridge and Robinson. He reported checking the progress of the bridge construction on Woodcreek and visiting with Walter High at the recycling center last Saturday. In addition he has received a lot of inquiries into the feasibility 2102 study about the flood problem from Corrigan; whereby the City had looked at the possibility of diverting water from the back of Fite Road into Hickory Slough. Councilmember Wolff reported that he is still holding office hours at City Hall on the second Saturday of each month from Noon to 4:00 P.M.; however, this Saturday there was a problem with the air conditioning and after 30 minutes he had to leave. He informed that if anyone would like to talk with him on any subject, to call the City Secretary and she will make arrangements for the meeting. DEPARTMENTAL REPORTS Acting City Manager Jim DeShazer reported that the work has been completed on the Woodcreek Drive bridge; however, it will remain closed until Thursday morning. He reported on the progress of the street rehabilition program in conjunction with Commissioner Billy Joe Plaster's crew and with the City furnishing some of the labor and materials. Streets completed are San Antonio, Washington Avenue north of F.M. 518 to Orange, Lynn, Cunningham, Halbert, Francis, and Cherry between F. M. 518 and Mykawa. The crews will be moving over to the East side of Hwy. 35, working on Park, Jasmine, Galveston and Isla north of Orange and then over to finish Shadybend Street. In addition, City Manager DeShazer announced that the Public Hearing on the Proposed Budget will be on Monday, August 20 at 7:00 P. M. CITIZENS 1. Charles McMurrey, 5209 Spring Branch Drive. Mr. Mr_Murrey stated that he was glad to hear about the continued development of the McLean Road Park. He spoke about the traffic problems on the west side of town and expressed his feelings about what needed to be done to alleviate these problems. 2. Norma Vasquez, 6453 Scott. Mrs. Vasquez had informed that she would not be speaking tonight. 3. Martin Maulden, 3442 Lethbridge. Mr. Maulden read a letter to CounciV from the residents of Twin Creek Woods and Clear Creek Estates, which listed all the reasons for their strong objections to the proposal of diverting runoff water of Corrigan South Subdivision from Mary's Creek to Hickory Slough. A petition containing over 300 signatures from the residents was also presented. Councilmember Smith informed that he net with the Drainage District this morning and discussed the fact that the study of this proposed diversion of water determined that it was not a workable plan. We need to look at other ways to help the Corrigan residents; and at this meeting they discussed a plan which would isolate the Corrigan Addition during flood times by the use of flood gates and pumps, to then pump the water into Mary's Creek. Councilmember Smith requested Council's permission for him to work on this project and not obligate the City to any expense at this time, in an effort to help alleviate the drainage problems in Corrigan. Councilmember Smith reported, as a member of the Clear Creek Regional Watershed Steering Committee, that the Corps of Engineers proposes to work from the flood gates being constructed at the mouth of Clear Lake at the Seabrook/Kemah area to the Brazoria County line, between Dixie Farm Road and C.R. 2351, and come up with a 10 year flood channel, with a 100 year buy-out. Then along the creek adjoining Harris County and Brazoria County, the study we are working on along with the 21 different entities involved will be a 100 year channel. Phase 1 of this proposal has been completed and two copies of this report are available to the public, one being in the City's engineering office and one at the Library. In addition, Councilmember Smith informed that the committee will be meeting on September 12 with the Water Commission in Austin to request that they fund the second part of this project which will give us the construction plans for this work to be done. From that point Councilmember Smith described the process by which each of the entities affected would get involved. CITIZENS CONTINUED 4. Mrs. Ivy, 5201 Shank Road. Mrs. Ivy first expressed her appreciation to Councilmember Miller for coming out to meet with the residents on Shank Road and thanked City Staff for having the Woody Road Lane opened. Mrs. Ivy then questioned when the ditches would be cleaned along Shank Road and some of the culverts replaced, when Shank Road would be resurfaced and how the City will deal with the odors coming from the Solvents and Chemicals Company. 202 5. Glenn Stanford, 5306 Apple Springs. Mr. Stanford signed to speak about drainage problems in Corrigan but he stated he is now very pleased after listening to the comments made by Councilmember Smith regarding the plans to alleviate the problems in that area. UNFINISHED BUSINESS ORDINANCE NO. 594, ORDINANCE AUTHORIZING UPDATED SERVICE CREDITS THROUGH TEXAS MUNICIPAL RETIREMENT SYSTEM Councilmsmber,Wolff excused himself from the Chambers at this time. Ordinance No. 594 was read in caption by Councilmember Miller. (Second Reading) It was moved by Councilmember Miller, seconded by Councilmember Smith, that Ordinance No. 594 be passed and approved on the second and final reading. Said Ordinance No. 594 reads in caption as follows: ORDINANCE NO. 594 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEMS WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF PEARLAND; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. Voting "Aye" Councilmembers Weber, Smith, Tetens and Miller. Voting "No" - None Motion passed 4 to 0. Councilmember Wolff absent from the Chambers at this time. NEW BUSINESS ORDINANCE NO. 509-23, ORDINANCE AMENDING LAND USE AND URBAN DEVELOPMENT ORDINANCE, SPECIFIC USE REQUEST, CALVIN JONES, AGENT FOR ESTATE OF JOYCE A. MCCORMACK, ALTA CARBONE EXECLTPRIX, OWNER Councilmember.Wolff reentered the Chambers at this time. Ordinance No. 509-23 was read in caption by Councilmember Tetens. (First Reading) It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Ordinance No. 509-23 be passed and approved on the first of two readings. Said Ordinance No. 509-23 reads in caption as follows: ORDINANCE NO. 509-23 AN; ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING _,ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT OINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT TO CONSTRUCT A TWO FAMILY DWELLING IN AN OP, OFFICE AND PROFESSIONAL, ZONING DISTRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EE'FECTIVE 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. BID NO. B90-13, DISPOSABLE REFUSE BAGS Council reviewed the following bids: 2®4 VENDOR PRICE EACH BAG Stone Container $0.265 Century Papers, Inc. $0.2752 ALTERNATE BID: BAGS PLAIN - NO PRINTING Stone Container Same Century Papers, Inc. $0.2727 PRICE EACH BUNDLE OF 52 BAGS $13.78 $14.31 Same $14.18 TOTAL NET PRICE $175,832.80 WWF, 695.60 $1801'93t:80 It was moved by Councilmember Wolff, seconded by Councilmember Tetens, that Bid No. B90-13 for Disposable Refuse Bags be awarded to Stone Container for a total net price of $175,832.80. Motion passed 5 to 0. RESOLUTION NO. R90-19, RESOLUTION AUTHORIZING CONTRACT BETWEEN SOLVENTS AND CHEMICALS, INC. AND CITY OF PEARLAND FOR REMOVAL OF TREATED LIQUID WASTE City Manager DeShazer explained that at the June 8 explosion the fire departments put approximately 1,250,000 gallons of water on the fire. This runoff was removed from the bar ditches and put in containers because it was polluted with hydrocarbons and other materials. Entec, an E.P.A. group hired by Solvents & Chemicals, furnished the tanks to store this material. Solvents & Chemicals would like to enter into a contract to pay the City $1.93 per each 1,000 gallons to treat this through the sanitary sewer, which will be at Barry Rose Road. The contract states that the City will receive this into our sanitary sewer after it has been pretreated by Chemicals & Solvents. Resolution No. R90-19 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Wolff, that Resolution No. R90-19 be passed and approved on the first and only reading. Said Resolution No. R90-19 reads in caption as follows: RESOLUTION NO. R90-19 A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT,A FACSIMILE OF SAME BEING ANNEXED HERETO, INCORPORATED HEREIN FOR ALL PURPOSES AND DESIGNATED EXHIBIT "B", BY AND BETWEEN SOLVENTS AND CHEMICALS, INC. AND CITY OF PEARLAND, TEXAS FOR THE REMOVAL OF TREATED LIQUID WASTE. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber and Wolff. Voting "No" - None Motion passed 5 to 0. ORDINANCE NO. 595, ORDINANCE AMENDING CHAPTER 8 OF THE CITY CODE OF ORDINANCES BY REPEAL AND REENACTMENT, ESTABLISHING AND RE-ESTABLISHING AN EMERGENCY MANAGEMENT PROGRAM WITHIN THE CITY AND PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF Mr. Ray Blaylock, Emergency Management Coordinator, explained that the reason for this ordinance is that our current ordinance, dealing with Civil Defense, is outdated. There is a program for the State of Texas and for the cities in the State entitled Emergency Management, which was created to provide guidelines during civil disasters, hurricanes and other mass emergencies. Under this program the Mayor is designated as the Emergency Management Director and given a lot more authority. Basically we are updating the program we have and creating a new ordinance called Emergency Management instead of Civil Defense. In conjunction with this ordinance we will be keeping current a comprehensive emergency management plan that follows the standards and criteria established by the State Division of Emergency Management, Mr. Blaylock informed. Ordinance No. 595 was read in caption by Councilmember Wolff. (First Reading) It was moved by Councilmember Wolff, seconded by Councilmember Weber, that 2n.5 Ordinance No. 595 be passed and approved on the first of two readings with the following corrections made: Page 3 of Exhibit "A", Section 8-4. Interjurisdictional Program to now read; "The Mayor is hereby authorized to join with the County Judges of the Counties of Brazoria and Harris and the mayors of the other cities in said counties in the formation of an Emergency Management Council for the Counties of Brazoria and Harris and shall have the authority to cooperate in the preparation of a joint emergency management plan and in the appointment of a joint Emergency Management Coordinator, as well as all powers necessary to participate in a counties -wide program of emergency management insofar as said program may affect the City of Pearland." Said Ordinance No. 595 reads in caption as follows: ORDINANCE NO. 595 AN ORDINANCE ESTABLISHING AND RE-ESTABLISHING WITHIN THE CITY OF PEARLAND, TEXAS, AN EMERGENCY MANAGEMENT PROGRAM IN ACCORDANCE WITH THE PROVISIONS OF EXHIBIT "A" AND FURTHER AMENDING THE CODE OF ORDINANCES OF THE CITY OF PEARLAND, TEXAS AT CHAPTER 8 BY REPEAL AND REENACTME',NT, CONTAINING A SEVERABILITY CLAUSE AND A SAVINGS CLAUSE; AND PROVIDING FOR CODIFICATION, PUBLICATION AND PENALTY. Voting "Aye" - Councilmember Miller, Tetens, Smith, Weber and Wolff. Voting "No" - None Motion passed 5 to 0. APPOINTMENT OF SEVEN MEMBERS TO THE PARK BOARD FOR A TWO-YEAR TERM It was moved by Councilmember Smith, seconded by Councilmember Wolff, that the people recommended by the Parks and Recreation supervisor be appointed to the Parks Board for a two-year term. In general Council discussion it was suggested that the terms of the members of the Park Board be staggered in order to keep continuity in the Board's proceedings. It was also mentioned that these staggered terms should be provided for in the Board's by-laws. Motioner and seconder withdrew the original motion. It was moved by Councilmember Wolff, seconded by Councilmember Weber, that Council take no action on this item at this time until a committee, appointed by the Mayor, can reestablish a stagger of the terms that the members are to serve. Motion passed 5 to 0. COUNCIL DECISION ON RAVE INCREASE REQUESTED BY TEXAS -NEW MEXICO POWER COMPANY AFTER THE 90 -DAY SUSPENSION OF THE REQUESTED INCREASE Acting City Manager Jim DeShazer explained that at the public hearing in May on the request by Texas -New Mexico Power Company for a rate increase it was pointed out in Council discussion that the requested rate increase was less than what HL&P is currently charging. At that time a Resolution was passed to suspend the rate increase for 90 days, and now the 90 days will be over on August 16. Mr. DeShazer pointed out that the Council could take no action on this and the rate increase would go into effect; or they could pass Ordinance No. 596, an emergency ordinance denying the requested rate increase. It was moved by Councilmember Wolff, seconded by Councilmember Smith, that no action be taken by the Council at this time. Motion passed 4 to 1. Councilmember Miller voted against. OTHER BUSINESS MEETING RECESSED TO EXECUITIVE SESSION AT 8:50 P. M. UNDER TEXAS REVISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Coppinger read from the posted agenda the topics to be discussed in Executive Session this evening. 206 MEETING RETURNED TO OPEN SESSION AT 9:25 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 (e) LEGAL - Council discussed with the City Attorney the pending litigation with Hill Sand Company. UNDER SUBSECTION (g) PERSONNEL - Council had a discussion with the Screening Committee concerning the City Manager position. ADJOURN The meeting adjourned at 9:26 P. M. Minutes approved as submitted and/or corrected this day ofs� A.D., 1990. ATTEST: City S0cretary Mayor ib>