2008-09-22 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, SEPTEMBER 22, 2008, AT 6:00
P.M., IN THE TEMPORARY MUNICIPAL COURT ROOM LOCATED AT THE CITY OF
PEARLAND COMMUNITY CENTER, 3523 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 6:08 p.m. with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Absent: Councilmember Kyle.
Tom Reid
Helen Beckman
Woody Owens
Steve Saboe
Kevin Cole
Bill Eisen
Darrin Coker
Young Lorfing
Others in attendance: Danny Cameron Public Works Director; Jack Colbath Director of
Fire Services; J.C. Doyle Police Chief; Nick Finan Assistant City Manager; Roland
Garcia Fire Marshal; Mike Hodge Assistant City Manager; Lata Krishnarao Planning
Director; Narciso Lira City Engineer; Claire Bogard Finance Director; Jeff Sundseth
EMS Operations Director; Fred Welch Executive Director of Economic Development
Corporation.
NEW BUSINESS
Mayor Reid, with concurrence of Council, moved to New Business Item No. 5.
COUNCIL ACTION — REGARDING THE USE OF OPEN BURNS AND TRENCH
BURNS WITHIN PEARLAND CITY LIMITS AND EXTRATERRITORIAL
JURISDICTION. Mr. Bill Eisen, City Manager.
Councilmember Cole made the motion, seconded by Mayor Pro -Tem Beckman, to allow
Trench Burning within the City Limits and the Extra Territorial Jurisdiction.
City Manager Bill Eisen stated this item is one of two requests with regard to the burning
of debris. This request is to allow open burns and trench burning within the City limits
which is prohibited by City Ordinance under normal circumstances. The proposed sites
for the burning are listed in the documentation provided to Council with one being a
primary site and the second being a supplemental site in the event that it is needed.
Andy Rivera, City of Friendswood Mayor Pro -Tem, addressed Council and stated the
City of Friendswood currently has an agreement for debris to be removed and delivered
Page 1 of 6 — 9/22/2008
to Hill Sand for disposal. This became a problem because of the amount of debris and
permission was requested from the Texas Commission of Environment Quality (TCEQ)
to do Clean Burn or/and Open Pit Burn. The TCEQ granted its permission as long as all
the surrounding entities granted authority and approval. The City of Friendswood
already has approximately fifty-two thousand cubic yards of debris which includes
strictly trees and bi-products with much more to come. The Clean Burning will take
approximately three months versus approximately two years if Trench Burning is
utilized.
Mayor Reid stated FEMA has stated the debris burned has to be nothing but items such
as trees and brush and can include no treated woods or other items.
Discussion ensued between Council and Andy Rivera, City of Friendswood Mayor Pro -
Tem, regarding Open Burns and Trench Burns.
Tray Hill, Hill Sand Company and Dixie Farm Road Landfill, addressed Council and
stated this is part of the solution to the problem. Everyone in the area has been
effected by this storm and historically, after a hurricane, the State and FEMA will allow
Emergency Open Burn for green waste to prevent the over -fill of landfills. Open Burns
are faster than Trench Burn and more efficient. The goal is to burn waste as it comes
into the site to prevent a stock -pile of brush and waste.
Assistant City Manager Mike Hodge stated there are two sites, with one within the City
and one in the Extra Territorial Jurisdiction. Burning is the best way to reduce debris
and the plan is to use an air curtain incinerator to reduce the effect on the environment.
City Manager Bill Eisen stated Brazoria County is also burning their waste and is
utilizing the Trench Burning method.
Discussion ensued between Council and City Manager Bill Eisen regarding Open Burns
and Trench Burns.
Mayor Pro -Tem Beckman stated she does not support burning waste of any kind within
the City and would prefer to mulch the waste and reuse it. Ms. Beckman stated she
does understand that this is not feasible in this instance, but she does feel that trench
burning would be a cleaner way to burn than open burn.
Assistant City Manager Mike Hodge stated there is a time constraint because the
locations being utilized are actually detention sites, but he will review the option of
mulching a portion of the debris for Parks.
Councilmember Cole asked what is a realistic amount of debris that could be burned on
a daily basis using the Open Burn process and still be safe.
Page 2 of 6 — 9/22/2008
Fire Marshal Roland Garcia stated he does not have a specific answer but it would need
to be smaller piles than the trench burning.
Buddy Young, Crowder Gulf, stated the difference in Trench Burning and Open Burning
is that in the Trench Burn process a ditch that is eight -feet deep, twelve -feet wide and
four -feet long is dug and filled using an excavator. The process is slower than Open
Burning because the ditch has to be cleaned between burns and the size of the burn is
limited. The average daily amount of debris that is able to be burned by Trench Burning
is two thousand to five thousand cubic -yards per day versus ten thousand to fifteen
thousand per day with the Open Burn process. Trench Burning also produces a more
complete reduction while Open Burning does not reduce as much and leaves larger
coals and pieces.
Councilmember Owens stated it is his understanding that TECQ allows for Open Burns
in a situation like this, but if there are any complaints received from citizens, the
operation must be shut down.
Buddy Young, Crowder Gulf, stated TECQ will issue a permit for Open Burn in these
situations, but he does not believe they will force the City to shut down the operation
based on complaints.
Discussion ensued between Council, Assistant City Manager Mike Hodge, Andy Rivera,
City of Friendswood Mayor Pro -Tem, and Buddy Young, Crowder Gulf, regarding Open
Burns and Trench Burns.
Mike O'Day, State Representative District No. 29, stated decisions made by public
officials are cut and dry. The State of Texas has given Crowder Ranch the permission
to perform Open Burns on the condition that the surrounding local governments
approve. He visited three sites and the area is accumulating a massive amount of
debris with Pearland not appearing to have hit the tip of the iceberg on what it has to
burn. Mr. O'Day stated he would like to consider to possibility of burning twenty-four
hours a day and possibly running to burn pits at a time to speed up the process. The
citizens in the area are emotionally effected by the amount of debris they have to see on
a daily basis and Council needs to give Staff the guidance and authority to help remove
the debris at the fastest and safest possible way.
Discussion ensued between Council, Assistant City Manager Mike Hodge, Director of
Fire Services Jack Colbath, Mike O'Day, State Representative District No. 29, Andy
Rivera, City of Friendswood Mayor Pro -Tem, and Buddy Young, Crowder Gulf,
regarding Open Burns and Trench Burns.
Councilmember Cole made a motion, seconded by Mayor Pro -Tem Beckman, to
authorize a permit for Trench Burning within the Corporate City Limits and its Extra
Jurisdictional Territory (ETJ) specifically at the Austin Bridge site located along Veterans
Page 3 of 6 — 9/22/2008
Drive between Magnolia Road and Walnut Road, the site at Pearland Sights Road and
C.R. 100 and at Hill Sand Company at 17825 S.H. 35, and that every effort to mulch or
chip the debris for re -use is made.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
Mayor Reid called for a recess at 7:00 p.m.
Mayor Reid called the Special Meeting back to order at 7:15 p.m.
Mayor Reid, with concurrence of Council, moved to New Business Item No. 1,
Ordinance No. 1357.
FIRST AND ONLY READING OF ORDINANCE NO. 1357 — 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 2008 AND DECLARING
AN EMERGENCY. Mr. Bill Eisen, City Manager.
Councilmember Cole made the motion, seconded by Councilmember Owens, to
approve Ordinance No. 1357 on its first reading and that property taxes be increased by
the adoption of tax rate $0.6526/$100 property value.
City Manager Bill Eisen stated the Tax Rate did not increase, but the specific motion
made by Councilmember Cole is the exact wording required by State law.
Councilmember Saboe stated he would like the City Attorney or the City Secretary to
state why this Ordinance is being done on a first and only reading for the record.
City Attorney Darrin Coker stated this Ordinance typically has two readings and there
was a first reading at the last Council Meeting. Because of publication circumstances
the Ordinance is being passed on Second Reading at this Special Meeting which
requires it to be approved as a First and Only Reading.
Voting "Aye" Councilmembers Owens, Saboe, Beckman, and Cole.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
Page 4 of 6 — 9/22/2008
COUNCIL ACTION — REGARDING EXTENDING THE MAYOR'S PROCLAMATION
OF EMERGENCY MEASURES IN RESPONSE TO HURRICANE IKE. Mr. Bill Eisen,
City Manager.
COUNCIL ACTION — REGARDING THE RATIFICATION OF A PROCLAMATION
REGARDING STORAGE CONTAINERS AND PORTABLE BUILDINGS. Mr. Bill Eisen,
City Manager.
COUNCIL ACTION — REGARDING THE RATIFICATION OF A PROCLAMATION
REGARDING FENCING DAMAGED BY HURRICANE IKE. Mr. Bill Eisen, City
Manager.
Mayor Pro -Tem Beckman made the motion, seconded by Councilmember Saboe, to
extend the Mayor's Proclamation of Emergency Measures in Response to Hurricane
Ike, ratifying the Mayor's Proclamation regarding storage containers and portable
buildings, and ratifying Mayor's Proclamation regarding fencing damaged by Hurricane
Ike.
City Manager Bill Eisen stated these items are the continuation of Proclamations that
are currently in effect because of Hurricane Ike.
Councilmember Cole stated the Proclamation for the emergency measures states not
more than seven days and asked since the document is dated September 10, 2008,
should there be something stating it is being extended from September 17, 2008.
City Attorney Darrin Coker stated the document is only in effect as long as the Council
approves it to be and does not need the additional wording.
Discussion ensued between Council and City Attorney Darrin Coker regarding the
Proclamations.
Voting "Aye" Councilmembers Cole, Beckman, Saboe, and Owens.
Voting "No" None.
Motion Passed 4 to 0, with Councilmember Kyle absent.
ADJOURNMENT
Meeting was adjourned at 7:24 p.m.
Page 5 of 6 — 9/22/2008
Minutes approved as submitted and/or corrected this the 27th day of October, A.D.,
2008.
Tom Reid
Mayor
ATTEST:
_Ang...1,. -
VY Se etary
Page 6 of 6 — 9/22/2008