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1990-08-27 CITY COUNCIL REGULAR MEETING MINUTESZ1® MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PBS "W1 VMS'. HELD ON AUGUST 27, 1990, AT 7:30 P. M. IN THE CITY HALL, 3519-nEJ4=TY1!0RIWW PEARLAND, TEXAS; The meeting was called to order with the following present: Mayor Councilmember/Mayor Pro Tem Councilmember Councilmember Councilmember Acting City Manager City Attorney City Secretary C. V. (Vic) Coppinger David Smith Randy Weber Richard Tetens D. A. Miller James DeShazer Lester Rorick Kay Krouse Absent from the Meeting: Councilmember William Wolff. Ir .F., :32 =; INVOCATION AND PLEDGE OF ALLEGIANCE The Invocation was given by Councilmember David Smith with special prayers for the,: speedy recovery of Councilmember William Wolff. The Pledge of Allegiance was led by Councilmember D. A. Miller. .. P� � : To] &r 1 �`1 &TvJrZ70 4 x� It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the Minutes of the Regular Meeting of August 13, 1990 be approved as presented. Motion passed 4 to 0. It was moved by Councilmember Weber, seconded by Councilmember Tetens, that the,, Minutes of the Public Hearing held on August 20, 1990 be approved as presented. Motion passed 4 to 0. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that the Minutes of the Special Meeting of August 21, 1990 be approved as presented. Motion passed 4 to 0. !7s_ •' Ms W_ '_a�ia; Mayor Coppinger reported that the Screening Committee has been interviewing applicants for the City Manager position and that the Council, by the end of this week, will be making a decision on this. The Mayor reported on attending a luncheon with City Secretaries from the surrounding cities; at Hobby Airport he presented a Pearland flag to the softball team that went to Salem, Oregon; attended an A.A.R.P. luncheon; attended the Christian Helping Hands annual meeting and net with the Exchange Club. Mayor Coppinger informed that the Exchange Club, in conjunction with the V.F.W., have launched a new program called "Pearland Flags With Pride" and will be displaying flags along F.M. 518 and Hwy. 35 in our City on all major holidays starting on Labor Day. The Mayor introduced Peggy Mayfield who was representing the Exchange Club. In addition, Mayor Coppinger reported he had met with the Police Department at a special meeting last Friday. He met with a representative of HL&P who will be writing to the Council to explain the program they are starting concerning a proposed rate increase. COUNCIL ACTIVITY REPORTS Councilmember Smith reported meeting with the Clean Pearland group and that he was very impressed with their planned activities and feels they will be of great benefit to our community. He also reported attending the Drainage District meeting this morning. 211 Councilmember Miller reported attending the Brazoria County Solid Waste Task Force meeting on August 14. He was appointed by Commissioner Billy Joe Plaster to serve on this committee and he is busy trying to catch up on all the things they are planning regarding solid waste and the problems that concern this issue in the County. He reported attending the Brazoria County Cities Association on August 15; the Public Hearing on the proposed Budget on August 20 and on August 21 he conducted an interview with a prospective candidate for the City Manager's position. Councilmember Miller expressed his concern over the fact that, until tonight, he had not been officially notified of the resignation of a high ranking official in the Police Department and that he feels that Council should be the first to be notified in matters such as this. Also he was disturbed to hear from a police officer that at the meeting on last Friday the officers were told to keep their questions and comments within the Police Department. Councilmember Miller stated that he would like to assure any officer or any other City employee that if at any time they would like to talk to a Councilmember, they should feel free to call him. CITIZENS 1. Andy Knight, 517 Orleans, League City. Mr. Knight informed that he was the administrator of the Meals on Wheels in Pearland and Friendswood and he has organized a Senior Olympics to be held on October 19-20 of this year. He spoke about the plans for this event and invited all to participate. 2. Richard Kropp, Representing Green Tee Homeowners Association. Mr. Kropp expressed his concern, as well as other homeowners in his area, over the heavy volume of traffic, the excessive speed and reckless driving occurring in his subdivision. The Homeowners Association members were informed that the studies conducted by the City showed that no increased traffic control devices were needed. Mr. Kropp advised that the Homeowners Association would like to have this study reopened and they are prepared to work with the City on this study in any way they can. 3. Jim Fletcher, 2303 Eagles Way. Mr. Harold F. Gary was signed to speak but Mr. Fletcher spoke in his behalf. Mr. Fletcher gave Council copies of a traffic count, conducted by Mr. Gary, showing the volume of traffic on and around the area of Eagles Way. He spoke about the speeding, reckless driving and traffic accidents in that area and also submitted copies of a plan showing possible stop sign locations and a sketch indicating the date and locations of traffic accidents in the area. Acting City Manager Jim DeShazer advised that the study conducted by our Traffic Engineer indicated that no additional traffic devices were needed. Councilmember Miller recommended that the City Manager and the Police Department work with the residents in the Green Tee Subdivision regarding this matter. 4. Ben Best, 5203 Apple Springs. Mr. Best stated that he was again addressing the problem of drainage in the Corrigan Subdivision and the fact that he feels nothing has been done to correct the flooding problem. UNFINISHED BUSINESS ORDINANCE NO. 509-23, ORDINANCE AMENDING LAND USE AND URBAN DEVELOPMENT ORDINANCE, SPECIFIC USE REQUEST, CALVIN JONES, AG04T FOR ESTATE OF JOYCE A. MCOORMA(X, ALTA CARBONE EXECUTRIX, OWNER Ordinance No. 509-23 was read in caption by Councilmember Weber. (Second Reading) It was moved by Councilmember Weber, seconded by Councilmember Tetens, that Ordinance No. 509-23 be passed and approved on the second and final reading. 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 ORDINANCE; 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 212 PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Miller, Tetens, Smith and Weber. Voting "No" - None Motion passed 4 to 0. ORDINANCE NO. 595, ORDINANCE AMEMDING 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 Acting City Manager DeShazer informed that a meeting was held on August 18 which he attended along with Ray Blaylock, our Emergency Management Coordinator, and all personnel who have specific duties in times of an emergency; such as the fire and police departments, E.M.S., water and sewer departments, emergency shelters and transportation. At the meting the staff reviewed the emergency management procedures and Mr. DeShazer stated he feels that the staff is properly briefed and knows what to do in case of an emergency. Ordinance No. 595 was read in caption by Councilmember Tetens. (Second Reading) It was moved by Councilmember Tetens, seconded by Councilmember Weber, that Ordinance No. 595 be passed and approved on the second and final reading. 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 REENACTMENT, CONTAINING A SEVERABILITY CLAUSE AND A SAVINGS CLAUSE; AND PROVIDING FOR CODIFICATION, PUBLICATION AND PENALTY. Voting "Aye" - Councilmembers Miller, Tetens, Smith and Weber. Voting "No" - None Motion passed 4 to 0. MEETING RECESSED AT 8:35 P. M. MEETING RECONVENED AT 8:50 P. M. NEW BUSINESS BID NO. B90-141 BANK DEPOSITORY CONTRACT Council reviewed the following bids: F N B P S B DEPOSITS Demand Deposits NOW Accounts Interest rates 5% 5-1/4% Minimum balance $1,500 $1,000 Service charges None None Super NOW Accounts Interest rates 5% 5% Minimum balance $1,500 $1,000 Service charges None None FNB Time Deposits C.D.'s less than $100,000 50 basis pts under T -Bill C.D.'s over $100,000 50 basis pts under T -Bill Compounded When Daily Charges for execution of orders on alternative investments Bank Cost LOAN SERVICES Rates of Interest Certificate of Obligation Prime (Texas Commerce Bank - Houston) Lease Purchase Agreements Prime (Texas Commerce Bank - Houston) OTHER SERVICES Charges for: a. Preprinted checks to the City's specifications (1) b. Traveler's and Cashier's checks (1) c. Night depository service including bags and keys d. Assistance in handling of all trans- actions in United States Government securities e. Safe deposit box as required f. Deposit slips in triplicate g. Wire and transfer services of funds h. Coin wrappers as required i. Monthly bank statements relecting last day of the month balances within three working days after close of calendar month of each demand account with checks sorted in numerical sequence No -charge for overdrafts providing the overdraft is covered within five working days k. No charge for non -sufficient fund checks, when included with normal city deposits 1. Paying agent services for bonds and interest payments for which the depository bank serves as None (1) None None (1) None None (1) None P S B 50 basis pts under T -Bill 25 basis pts under T -Bill Daily Bank Cost Prime Less 1% (First City National Bank of Houston) Prim Less 1% (First City National Bank of Houston) (1) None None None None None None None None None (2) None 212 21.4 paying agent m. Stop payment request (1) Provided at bank cost. (2) Provided non-interest bearing deposits of equal amounts are present in various accounts of the City during period of over- draft. None None None None City Manager DeShazer informed that these bids were reviewed by our Auditor, Mr. Earl Lairson, and it is his opinion that the bid submitted by Pearland State Bank is the most favorable for the City of Pearland. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Bid No. B90-14 for the Bank Depository Contract be awarded to Pearland State Bank. Motion passed 4 to 0. BID NO. B90-151 THREE MID-SIZE ONE-HALF TON PICKUPS Council reviewed the following bids: VENDOR MAKE LES MARKS CHEV. (Alternate B) Chev. 1991 S-10 Pickup (Alternate C) RON CARTER CHEV. Chev. 1991 S-10 Pickup (Alternate B) Chev. 1991 S-10 Pickup A.C. COLLINS FORD (Alternate B) Ford 1991 Ranger Pickup (Alternate C) Ford 1991 Ranger Pickup PRICE DELIVERY TIME $9,300 ea. $27,900 for 3 5 weeks $9,300 '" $9,150.15 ea. 6 to 8 weeks $91447.75 6 to 8 weeks $9,579.00 6 to 8 $281737 for 3 weeks $9,579.00 6 to 8 weeks City Manager Jim DeShazer explained that the money available for these vehicles are the funds received from our auction held on July 14. It was moved by Councilmember Smith, seconded by Councilmember Weber, that as recommended by the Fleet Manager Mike Joyce, Bid No. B90-15 be awarded to Les Marks Chevrolet for three mid-size one-half ton pickups for a total amount of $27,900 and that the funds be taken from the appropriate source. Motion passed 4 to 0. ORDINANCE NO. 599, ORDINANCE UWVING THE ENCROAICFIIWT OF CERTAIN IMPROVEMENTS INTO A DEDICATED UTILITY EASEMENT IN COUNTRY GROVE TOWNHOME'S, SEC!'ION 3, AND PROVIDING FOR EJMMITION OF CERTAIN PROTECTIVE COVENANTS City Attorney Lester Rorick explained that City Staff received a request from U. S. Home Corporation for approval of an encroachment into the utility easement and building line in Country Grove Section Three. This subdivision is in our Extra Territorial Jurisdiction. In reviewing the request it was determined that an ordinance be prepared to address the matter of encroachment into public rights-of- way and it was recommended that the Zoning Board of Adjustment take up the matter of the building line. 215 Steve Gardner, representing U.S. Home Corporation advised that they have received letters of release from HL&P, Southwestern Bell, Entex and Brazoria County M.U.D. No. 4 for the encroachment into the utility easement. Ordinance No. 599 was read in caption by Councilmember Smith. (First Reading) It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 599 be passed and approved on the first of two readings. Said Ordinance No. 599 reads in caption as follows: ORDINANCE NO. 599 AN ORDINANCE WAIVING THE ENCROAMIENT OF CERTAIN IMPROVEMENTS INTO A DEDICATED UTILITY EASEMENT IN COUNTRY GROVE TOWNHOMES, SECTION THREE, AND PROVIDING FOR EXECUTION OF CERTAIN PROTECTIVE COVENANTS. Voting "Aye" - Councilmembers Weber, Smith, Tetens and Miller. Voting "No" - None Motion passed 4 to 0. RESOLLTTION -NC R90-20, RESOLUTION AIT[' MIZING MAYOR AND EACH COUNCIL TO 6EaTTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND BRAZORIA COUNTY FOR ASSISTANCE IN THE MAINTENANCE OF STREETS WITHIN CITY OF PEARLAND City Manager DeShazer explained that this interlocal agreement covers the work with the County in the street rehabilitation program for the fiscal year 1990- 1991. Resolution No. R90-20 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Tetens, that Resolution No. R90-20 be passed and approved on the first and only reading. Said Resolution No. R90-20 reads in caption as follows: RESOLUTION NO. R90-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR AND EACH COUNCILMEMBER TO EXECUTE AN INTERLOCAL ALIT BETWEEN THE CITY OF PEARLAND AND BRAZORIA COUNTY FOR ASSISTANCE IN CONSTRUCTION, IMPROVEMENT, MAINTENANCE, AND/OR REPAIR OF CERTAIN STREETS LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND. Voting "Aye" - Councilmembers Miller, Tetens, Smith and Weber. Voting "No" - None Motion passed 4 to 0. ORDINANCE NO. 597, AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 11 1990 AND ENDING SUMDO R 30, 1991. Ordinance No. 597 was read in caption by Councilmember Tetens. (First Reading) Councilmember Tetens stated that he feels that some of the expenses in this budget are greater than should be and some of the revenues are under what they should be and explained his reasoning for this. He also stated that he feels Council should set a tax rate of 78 cents and adjust the present budget accordingly. It was moved by Councilmember Smith that Council adopt Ordinance No. 597, an ordinance adopting the Budget for the Fiscal Year beginning October 1, 1990. Councilmember Miller recommended the motion be amended such that it is based on the document the Council had tentatively agreed to prior to the public hearing on the Budget. Councilmember Smith moved to amend his motion as follows: that Council adopt Ordinance No. 597 conforming with the printed document presented to Council dated August 20, 1990. Motion was seconded by Councilmember Miller. Councilmember Weber questioned several items in the proposed budget and he stated that he felt the tax rate should be dropped. Ordinance No. 597 reads in caption as follows: ORDINANCE NO. 597 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1990, AND ENDING SEPTEMBER 30, 1991. Voting "Aye" - Councilmembers Smith and Miller. Voting "No" - Councilmembers Tetens and Weber. Mayor Coppinger voted "Aye". (Voting as per Section 3.01 (b) of the Pearland City Charter) Motion passed 3 to 2. ORDINANCE NO. 598, ORDINANCE LEVYING TAXES AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1990 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Ordinance No. 598 was read in caption by Councilmember Smith. (First Reading) It was moved by Councilmember Smith, seconded by Councilmember Miller, that Ordinance No. 598 be passed and approved on the first of two readings. Councilmember Tetens stated that he feels we could have a balanced budget with a 78 cent tax rate. Said Ordinance No. 598 reads in caption as follows: ORDINANCE NO. 598 AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1990, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Voting "Aye" - Councilmembers Miller and Smith. Voting "No" - Councilmembers Tetens and Weber. Mayor Coppinger voted "Aye". (Voting as per Section 3.01 (b) of the Pearland City Charter) Motion passed 3 to 2. APPOINTMENT OF TWO MEMBERS TO THE GAS AND PLUMBING CODE BOARD OF ADJUSTMENTS AND APPEALS FOR A FOUR-YEAR TERM It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Rodney Pampell and Del Sears be reappointed to serve on the Gas and Plumbing Code Board of Adjustments and Appeals for a four-year term. APPOINTMENT OF TWO MEMBERS TO THE BUILDING CODE BOARD OF ADJUSTMENTS & APPEALS FOR A FOUR-YEAR TERM Mayor Coppinger recommended Mr. Lloyd Kern to fill the vacant position on this Board; Mr. Kern being a practicing architect. It was moved by Councilmember Miller, seconded by Councilmember Weber that William Miller and Lloyd Kern be appointed to serve on the Building Code Board of Adjustments and Appeals for a four-year term, contingent upon Mr. Kern's approval of his nomination. Motion passed 4 to 0. A[fl'HORIZATION FOR ENGINEERING STUDY TO BE MADE TO INVESTIGATE THE POSSIBILITY OF A LEVM MO=fCORRIGAN SUBDIVISION Councilmember Smith presented a map of the Corrigan Subdivision for Council's review and explained the proposal of studying the feasibility of isolating Corrigan during flooding conditions by creating a levee around the subdivision with the use of existing streets. Once the water reaches a certain level during heavy rains it begins backing up in the drainage system from Mary's Creek. It is proposed putting flood gates on the two major storm sewer pipes out of the subdivision and the use of pumping facilities. Councilmember Smith advised that the proposal received from Walsh Engineering was for a preliminary investigation of the feasibility of this levee including the approximate quantity of earthwork necessary and field work gathering accurate elevations of flood levels around and within the subdivision. It was moved by Councilmember Tetens, seconded by Councilmember Weber, that Council authorize an engineering study to be made to investigate the possibility of a levee around Corrigan Subdivision. Motion passed 4 to 0. • • • 10. • 10, 37 M, • 67 Z 111,14 It was moved by Councilmember Weber, seconded by Councilmember Miller, that Council authorize Walsh Engineering, Inc. to perform a feasibility study for a levee around Corrigan Subdivision not to exceed $5000.00. Motion passed 4 to 0. ESTIMATE NO. 2 & FINAL, INSITUFORM GULF SOUTH, INC. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Council approve Estimate No. 2 & Final to Insituform Gulf South, Inc. for cleaning, televising and lining of approximately 1740 feet of 8 inch sewer line on Randall Street in Regency Park Subdivision, in the amount of $7,625.18 and that payment be made from the appropriate funds. Motion passed 4 to 0. MEETING RECESSED TO E70'3CUTIVE SESSION AT 9:56 P.M. LANDER TEXAS REVISED CIVIL STATU E.S, ARTICLE 6252-17, SE3CTION 2 Mayor Coppinger read from the posted agenda the topic to be discussed in Executive Session this evening. MEETING RETURNED TO OPEN SESSION AT 10:35 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 some pending litigation. UNDER SUBSECTION (g) PERSONNEL - Council had a discussion concerning a City Employee. The meeting adjourned at 10:36 P. M. Minutes approved as submitted and/or corrected this /P day of A.D., 1990. Mayor ATTEST: City Sec etary 217