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1990-09-10 CITY COUNCIL REGULAR MEETING MINUTES221 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS HELD ON SEP'EHM 10, 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 City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE C. V. (Vic) Coppinger David Smith Richard Tetens D. A. Miller Randy Weber William Wolff James DeShazer Lester Rorick Kay Krouse The Invocation was given by Councilmember Randy Weber. The Pledge of Allegiance was led by Councilmember Billy Wolff. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Weber, that the Minutes of the Regular Meeting of August 27, 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 August 30, 1990, be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Wolff, seconded by Councilmember Smith, that the Minutes of the Special Meeting of September 4, 1990, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger issued a proclamation proclaiming September 22, 1990 as "American Business Women's Association Day in Pearland. Nell Fuller and other members of the three local chapters accepted the proclamation. Mayor Coppinger issued a proclamation proclaiming Saturday, September 15, 1990, as Founder's Day in Pearland. Robert Harris, along with other members of the local Jaycee organization, accepted the proclamation. Mayor Coppinger gave recognition to Phil Peevey who works part-time as dispatcher at the Pearland Police Department. Mr. Peevey will be receiving a Public Safety Telecontmnicator Award at the State Capitol in Austin this Tuesday. DEPARTMENTAL REPORTS Glenn M. Chaney, Municipal Court Judge, reported that it was brought to his attention that homeowners of the Green Tee Subdivision were concerned as to the disposition of the special assignment traffic citations that were issued in June of 1990 by the Pearland Police Department for the offense of "running a stop sign" in Green Tee. Judge Chaney informed that the court had compiled a complete rundown of the dispositon of each of the 72 citations issued during that special assignment and it was his hope that the information would assure all those concerned that the court handled each case with the same due process as any other charge filed in the court. Judge Chaney read the complete report. 222 COUNCIL ACTIVITY REPORTS Councilmember Wolff reported he was at City Hall this last Saturday and visited with two citizens who wished to speak to a City Councilmember. Councilmember Weber reported attending a luncheon with County, City and State Highway officials on September G. Plans for the new highway in our area were discussed. Councilmember Weber reported he received a complaint concerning garbage bags being delivered to the end of the driveway at 2242 N. Texas and that the lady living there was not physically able to handle the bags herself. He received a complaint about a water leak in front of Pearland Pawn on Hwy. 35, which has been there for quite some time. Received a complaint about cars driving up the back side of the creek, across Pasternak Park and out to the street and that the kids playing in the park could possibly get injured. Councilmember Weber stated he had license numbers and vehicle descriptions which needed to be turned over to the Police Department. He also mentioned an area on Wheatridge and Robinson that needed to be paved and, in conclusion, Councilmember Weber expressed concern over the fact that he had not received a copy of the Budget until this evening. Councilmember Smith reported attending the meeting with the Highway officials on September G. He attended the Drainage District meeting this morning and was informed that the Highway Department had inspected the area along Mary's Creek, checking for adequate flow in preparation for plans to increase the size of the Highway 35 bridge over the creek. The Drainage District has moved in machinery to begin work in the areas along Mary's Creek that the State took exception to. Councilmember Miller reported on attending the special Council meetings on August 30 and September 4, the September 6 meeting with the Highway Department and the September S meeting with the Parks Board. In addition he informed he had a discussion with Richard Kropp and Jim Fletcher, two residents of the Green Tee Subdivision who had appeared before Council and who are still concerned about traffic problems in the area of Eagles Way. They have requested additional stop signs in that area and Councilmember Miller stated he certainly feels this matter should be investigated with the coordination between Staff and the Police Department. Councilmember Miller also expressed his displeasure with the fact that he did not have a chance to review the Budget that was before him this evening. ,,,� DEPARTMENTAL REPORTS - (CONTINUED) City Manager Jim DeShazer informed that the Budget before the Council this evening is the same Budget on which the Public Hearing was held. City Manager DeShazer advised that he has contacted the Traffic Engineer and another survey will be conducted in the Green Tee Subdivision in the area of Eagles Way and Limrick Streets. City Manager DeShazer reported attending a meeting held by Houston Lighting and Power on September 6 regarding a proposed 13.2% rate increase in addition to the three-phase rate that has been approved by the P.U.C. HL&P is trying to get the cooperation of the cities in which they have franchises, and have scheduled another meeting on September 24. City Manager DeShazer reported the completion of the sidewalk along Pasternak Park and the completion of the streets that were in the 1990 rehab program, with the exception of Magnolia. Work will begin there shortly with putting in lime stabilization and afterwards, putting down a roadbed. In conclusion he reported that the city crews have been working on numerous water leaks around the City some of which were large trunk lines. CITIZENS 1. Edward M. Canales, Jr., 5402 Carmona Lane. Mr. Canales spoke to Council about the flooding at the entrance of Corrigan Subdivision after it rains and stated he felt it was a nuisance as well as a possible traffic hazard. Mr. Canales presented a drawing showing the size of drainage pipe in the ditch on •� either side of Corrigan Drive and his suggestions to alleviate this problem. Mayor Coppinger informed that this matter would be referred to City Staff to look into the situation. 2. Victoria Jenkins, 3705 Longherridge. Mrs. Jenkins spoke to Council about the need for a sidewalk along Liberty Drive for the safety of the children walking to and from school, in addition to the older residents who walk every day. 223 City Manager DeShazer informed that the City has contacted the gentleman who has built his fence into the right-of-way. The fence will have to be removed before we can go forward. Staff is currently putting together specs to go out for bids for the construction of the sidewalk. 3. Patty Courtin, 2001 E. Mary's Creek. Mrs. Courtin advised Council that she is serving on the Hike & Bike Trail Committee and their goal is to connect all of the schools, parks and neighborhoods in Pearland some day. She explained the various projects they have had to raise money for the Hike & Bike Trail and urged the Council to keep them in mind in the long range planning for the City. Mayor Coppinger informed that there will be a meeting tomorrow with the manager of Wal-Mart who will be making a $1000.00 unsolicitated donation to Clean Pearland. Also at this meeting there will be a discussion concerning a conrnunity grant. DOC!(ETED PUBLIC HEARINGS - NONE UNFINISHED BUSINESS ORDINANCE NO. 599, ORDINANCE WAIVING THE MMOA094MT OF CERTAIN IMPROVE14EVTS INTO A DEDICATED UTILITY EASEMENT IN COUNTRY GROVE TOWNHOMES, SECTION 3, AND PROVIDING FOR EEMCUTIOTN OF CERTAIN PROTECTIVE COVENANTS. Ordinance No. 599 was read in caption by Councilmember Miller. (Second Reading) It was moved by Councilmember Miller, seconded by Councilmember Tetens, that Ordinance No. 599 be passed and approved on the second and final reading. Said Ordinance No. 599 reads in caption as follows: ORDINANCE NO. 599 AN ORDINANCE WAIVING THE ENCROACHMENT 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 Miller, Tetens, Smith, Weber and Wolff. Voting "No" - None Motion passed 5 to 0. NEW BUSINESS EXCUSED ABSENCE FOR COUNCILMEMBER WILLIAM WOLFF FROM REGULAR MEETING HELD ON AUGUST 27, 1990 It was moved by Councilmember Tetens, seconded by Councilmember Miller, that Councilmember William Wolff be excused from the Regular Meeting held on August 27, 1990. Motion passed 4 to 0. Councilmember Wolff abstained. ORDINANCE NO. 600, AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOB'E'R 1, 1990 AND ENDING SEPTElOM 30, 1991 Ordinance No. 600 was read in caption by Councilmember Wolff. (First Reading) It was moved by Councilmember Wolff, seconded by Councilmember Smith, that Ordinance No. 600 be passed and approved on the first of two readings. Said Ordinance No. 600 reads in caption as follows: ORDINANCE NO. 600 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1990, AND ENDING SEPTEMBER 30,.1991. Voting "Aye" - Councilmembers Miller, Smith and Wolff. Voting "No" - Councilmembers Tetens and Weber. Motion passed 3 to 2. 224 RESOLUTION NO. R90-21, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING THREE REGULAR MEETING DATES FOR THE MONTH OF SEPTEMBER, 1990 Resolution No. R90-21 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Smith, that Resolution No. R90-21 be passed and approved on the first and only reading. Said Resolution No. R90-21 reads in caption as follows: RESOLUTION NO. R90-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING THREE REGULAR MEETING DATES FOR THE MONTH OF SEPTEMBER, 1990. Voting "Aye" - Councilmembers Wolff, Weber, Smith, Tetens and Miller. Voting "No" - None Motion passed 5 to 0. APPOINTMENT OF BOARD MEMBERS Mayor Coppinger advised that this item would be passed until after Executive Session this evening. REQUEST OF CITIZENS ON N. GALVESTON STREET FOR CULVERT PIPE TO BE INSTALLED ALONG THE EAST SIDE FROM ORANGE STREET TO THE OUTFALL DRAINAGE DITCH City Manager Jim DeShazer explained that one of the drainage projects that Council approved on a priority schedule was on Galveston Street and Isla. After the ditches were cleaned on North Galveston, the citizens along North Galveston between Orange and the end of the street, complained that the City was not supposed to clean their ditches because a previous Council had assured them the ditches would be left alone. In talking with Mr. Shannon, a resident on North Galveston, he suggested putting pipe along the east side of N. Galveston, which _ could be leveled out and filled with inlets, such as on the west side, allowing the yards to be mowed on top of this. In checking into this matter, City Manager DeShazer informed, we have figured the cost to be approximately $10,000, so we are asking for Council direction on how to proceed in this matter. In general Council discussion questions were raised about the size and depth of the pipe. It was suggested that this project be looked at in terms of the possibility of curbs and gutters in that area at some future date. It was also mentioned that the citizens in Corrigan need first consideration in terms of drainage. It was moved by Councilmember Smith, seconded by Councilmember Wolff, that this matter be referred to the Engineering Department for future study about the size and depth of the pipe. Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:38 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. MEETING RETURNED TO OPEN SESSION AT 9:40 P. M. Mayor Coppinger read the following items that were discussed in Executive Session and signed a certification to that effect: UNDER SUBSECTION (g) PERSONNEL - (1) Council had a discussion concerning departmental reorganization; (2) Council discussed Board Appointees. RN "INESS - ( CONTINUED ) APPOINTMENT OF MEMBERS TO THE PARK BOARD It was moved by Councilmember Miller, seconded by Councilmember Weber, that the composition of the Park Board follow the guidelines of the existing Ordinance No. 209, which created the Park Board; the number of members to the Park Board be increased from the present number of seven to nine members; that we follow the direction of the Ordinance that all board members reside within the City Limits of Pearland; that the recommended six qualified members be reappointed to the Park Board; that the newest members of the Board be appointed for a three-year term and the remaining six board members be appointed for two-year and one-year terms, which will be determined by a random drawing, by the members, for these terms. Motion passed 5 to 0. APPOINTMENT OF REPRESENTATIVE TO THE BRAZOS BEND WATER AUTHORITY BOARD OF DIRECTORS It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Tom Reid be the Pearland representative to the Brazos Bend Water Authority Board of Directors. Motion passed 5 to 0. q41L2;2T OF COMMERCE FOR APPOINTMENT OF MEMBER TO THE CLOVER FIELD SWEQ 1§LRVMTTEE It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the Mayor appoint a representative of his choosing. Motion passed 3 to 2. Councilmembers Wolff and Miller voting against. The meeting adjourned at 9:46 P. M. Minutes approved as submitted and/or corrected this day of 2z.� A.D., 1990. Mayor ATTEST: City Se retary