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1992-07-27 CITY COUNCIL REGULAR MEETING MINUTESM4 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON JULY 27, 1992, AT 7:30 P. M. IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS The meeting was called to order with the following present: Mayor Mayor Pro Tem/Councilmember Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary C. V. Coppinger Randy Weber D. A. Miller Benny Frank Joy Colson David Smith Paul Grohman Lester Rorick Pat Jones Others in attendance were Division Directors Glen Erwin and Richard Burdine, and City Engineer John Hargrove. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Weber. The Pledge of Alle- giance was led by Councilmember Colson. APPROVAL OF MINUTES It was moved by Councilmember Colson, seconded by Councilmember Smith, that the minutes of the regular meeting of July 13, 1992, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger proclaimed "National Night Out." Crime Prevention Officer Matt Zepeda accepted the proclamation and encouraged citizens to go out and meet their neighbors on the night of August 4th to deter crime in their neighborhoods. Mayor Coppinger also proclaimed "Oiler Pride Week" and representatives from the Booster Club invited all present to a scrimmage game which will begin the 1992-93 school year. Closing his report, Mayor Coppinger asked Councilmember Smith to report on the Infrastructure Committee meeting of the Chamber when he gave his Council report. COUNCIL ACTIVITY REPORTS Councilmember Miller reported his attendance at the Brazoria County Cities Association meeting on July 15th in Alvin where he served as President. Councilmember Frank reported his attendance at Pearland Night with the Astros and informed he has been receiving calls regarding garbage pickup times. It was reported the Astro night was a success with the Clean Pearland Hike and Bike Trail receiving a rebate check in the amount of $2,250.00. Councilmember Weber reported he, too, is receiving calls regarding trash service. Councilmember Colson reported her attendance at BCCA on the 15th, at the Chamber's Infrastructure Committee meeting on the 22nd, and at on Pearland Night with the Astros. Councilmember Smith reported the Clear Creek Watershed Steering Com- mittee meets the same night as BCCA so he attended that meeting here at City Hall. Their work is progressing, with 90% of the report complete and a target date set for completion for the first part of next year. On July 22, Mr. Smith attended the Infrastructure Commit- tee meeting at the Chamber of Commerce and a discussion was held regarding the formation of a committee to work with the cities and chambers of commerce of the northern end of the county to look at regional roads. Inner city roads were highlighted with right-of-way being donated and progress being made. In closing, Councilmember Smith reported his presence at Drainage District No. 4's meeting this morning where they advised they are waiting on the City and will have a machine ready next Monday to move to the Mary's Creek project in the park area. They would like some staking and a cross section profile for this work. CITY MANAGER REPORT City Manager Grohman stated we are out to bid on McLean Park and bids will be let on the various street projects later this week. Staff is preparing to bid health insurance for the employees and hopes to make this a better benefit for the employees. We are practicing cost- cutting measures, Mr. Grohman continued, and a large portion of time recently has been spent on preparing the budget for the coming fiscal year. City Manager Grohman invited Council to call him with questions or comments regarding his proposed budget. DOCKETED PUBLIC HEARINGS: 1. Request of John Garner, Agent for Glenn Lilie, for approval of abandonment of a twenty foot access easement in Block 8 of Green Tee Terrace Townhouses. Mayor Coppinger informed this item would be passed as the necessary documentation had not been received. UNFINISHED BUSINESS ORDINANCE NO. 631, ORDINANCE ANNEXING TERRITORY INTO THE CITY OF PEARLAND Ordinance No. 631 was read in caption by Councilmember Weber. (Second and final reading) It was moved by Councilmember Weber, seconded by Councilmember Colson, that Ordinance No. 631 be passed and approved on its second and final reading. Said Ordinance No. 631 reads in caption as follows: ORDINANCE NO. 631 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRI- TORY TO THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS, AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE ACTS AND ORDINANCES OF THE SAID CITY; AND CONTAINING A SEVERABILITY CLAUSE. City Manager Grohman informed this annexation was requested by the School District so that the property they intend to construct the new elementary school on will be entirely in the City limits. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. 98 ORDINANCE NO. 633, ORDINANCE AMENDING CODE OF ORDINANCES AT CHAPTER 13, HEALTH AND SANITATION AND PROVIDING A PENALTY FOR VIOLATION THERE- OF Ordinance No. 633 was read in caption by Councilmember Frank. (Second and final reading) It was moved by Councilmember Frank, seconded by Councilmember Weber, that Ordinance No. 633 be passed and approved on its second and final reading. Said Ordinance No. 633 reads in caption as follows: ORDINANCE NO. 633 AN ORDINANCE AMENDING THE CODE OF ORDINANCES AT CHAPTER 13, HEALTH AND SANITATION, FOR THE PURPOSE OF PROVIDING CERTAIN DEFINITIONS, DEFINING AND REDEFINING PROHIBITED CONDITIONS; PROVIDING FOR A SAVINGS CLAUSE, A SEVERA- BILITY CLAUSE, AN EFFECTIVE DATE, A PENALTY, AND PUBLI- CATION. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS RECEIVE INTO RECORDS RESIGNATION OF AL LENTZ, CHAIRMAN, FROM PLANNING AND ZONING COMMISSION Councilmember Weber read a letter of resignation submitted by Al Lentz, Chairman of the Planning and Zoning Commission. It was moved by Councilmember Weber, seconded by Councilmember Miller, that Council receive into the records Mr. Lentz's resignation with regret. I Motion passed 5 to 0. Mayor Coppinger commended Mr. Lentz for his service on the Commission. COUNCIL DECISION ON REQUEST FOR ABANDONMENT OF A TWENTY FOOT ACCESS EASEMENT IN BLOCK 8 OF GREEN TEE TERRACE TOWNHOUSES BY JOHN GARNER, AGENT FOR GLENN LILIE Mayor Coppinger informed this item would also be passed due to a lack of necessary documentation. APPROVAL OF TAX COLLECTOR'S CERTIFICATION OF ANTICIPATED COLLECTION RATE FOR 1992; APPOINTMENT OF TAX ASSESSOR TO CALCULATE AND PUBLISH THE EFFECTIVE TAX RATE FOR 1992; AND APPROVAL OF TAX COLLECTOR'S CERTIFICATION OF EXCESS DEBT TAX COLLECTIONS FOR 1991 Division Director Glen Erwin informed that we must meet certain re- quirements under the Tax Code. The anticipated tax collection rate for July 1, 1992 through June 30, 1993 is 98% Mr. Erwin stated. The excess debt collection is certified to be zero, Mr. Erwin continued. Staff is recommending Ms. Barbara Lenamon, our Tax Assessor who is certified by the State, be appointed to calculate and publish our, effective tax rate. It was moved by Councilmember Smith, seconded by Councilmember Colson, that Council adopt the certification of the anticipated collection rate for 1992, the certification of excess debt collection for 1991, and the appointment of Ms. Barbara Lenamon as the Tax Assessor to calculate and publish the effective tax rate for 1992. Motion passed 5 to 0. We mm AUTHORIZATION FOR CITY MANAGER TO ENGAGE SERVICES OF AN ENGINEERING FIRM TO CONDUCT WASTEWATER STUDY IN CERTAIN SECTIONS OF WEST PEARLAND City Manager Grohman explained the City has received multiple requests to provide sanitary sewer service to the western edge of the City. This area is bounded by the north city limit line, O'Day Road, Hat- field Road, and FM 518. Several residences are on package plants and others are on septic tanks, having been promised these city services anywhere from five to ten years ago, Mr. Grohman informed. The first step in getting service to these people is having a proper engineering study so that it may be done correctly. This does include the area of the trailer park which Mr. Martin Smith discussed with Council recent- ly. This will be a professional service which does not fall under the bidding process, City Manager Grohman stated. It was moved by Councilmember Smith, seconded by Councilmember Colson, that the City Manager be authorized to engage the services of an engineering firm to conduct a wastewater study for certain sections of West Pearland. Funding for the study was discussed and whether this would reach to the proposed plant on Garden Road. City Manager Grohman stated this would be looked at but existing plants would probably be used. Mr. Grohman informed that the area to be studied is in the City limits but in the future we shouldn't provide these services to individuals outside the city limits unless the recipients agree to be annexed. In further discussion, it was explained that Walsh Engineering was selected because they have done work in this area and Staff is looking for a quick turn around time as there are EPA mandates in some cases. Mr. Grohman assured Council that Staff would not recommend one firm continually. Upon call for the question, motion passed 5 to 0. ORDINANCE NO. 634, ORDINANCE PROVIDING FOR THE APPROVAL OF AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY FOR THE PLACEMENT OF A TRAFFIC LIGHT AT WAL-MART AND STATE HIGHWAY 35 AND DECLARING AN EMERGENCY Ordinance No. 634 was read in caption by Councilmember Miller. (First and only reading) It was moved by Councilmember Miller, seconded by Councilmember Frank, that Ordinance No. 634 be passed and approved on its first and only reading. Public Works Division Director Richard Burdine stated Wal-Mart is paying for the signal and the State will maintain this traffic light until our population reaches 50,000. Said Ordinance No. 634 reads in caption as follows: ORDINANCE NO. 634 AN ORDINANCE PROVIDING FOR THE APPROVAL OF THE AGREE- MENT BETWEEN THE STATE OF TEXAS AND THE CITY OF PEAR - LAND, FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNS/ILLUMINATION AT THE FOLLOWING LOCATION SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF PEARLAND; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY BECAUSE THE NEED OF IMMEDIATE INSTALLATION BEARS DIRECTLY ON THE SAFETY OF THE TRAVELING PUBLIC AND, THEREFORE, INURES TO THE GENERAL HEALTH, SAFETY AND WELFARE OF THE CITI- ZENRY. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. 100 REAPPOINTMENT OF EMIL BELTZ AND APPOINTMENT OF RICHARD TETENS TO THREE YEAR TERMS ON THE PLANNING AND ZONING COMMISSION It was moved by Councilmember Frank, seconded by Councilmember Colson, that Richard Tetens be appointed to a three year term and Emil Beltz be reappointed to a three year term on the Planning and Zoning Commis- sion. Motion passed 5 to 0. RESOLUTION NO. R92-24, RESOLUTION ESTABLISHING POLICY FOR TERM LIMITA- TIONS FOR PERSONS WISHING TO SERVE ON VARIOUS BOARDS AND COMMISSIONS OF THE CITY Resolution No. R92-24 was read in caption by Councilmember Colson. It was moved by Councilmember Colson, seconded by Councilmember Mill- er, that Resolution No. R92-24 be passed and approved on its first and only reading. Said Resolution No. R92-24 reads in caption as follows: RESOLUTION NO. R92-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, ESTABLISHING TERM LIMITATIONS FOR PERSONS SERVING ON VARIOUS BOARDS AND COMMISSIONS OF THE CITY. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. OTHER BUSINESS: None CITIZENS 1. Terry Gray, 2415 S. Texas. Mr. Gray spoke about right-of- way on Walnut Street; building permits in the old townsite; and access to Sacramento Street. 2. Carlton McComb, 3914 Shadycrest. Mr. McComb commended the Council for hiring City Manager Grohman and spoke about the condition of streets in the back portion of Shadycrest Subdivision. ADJOURNMENT The meeting adjourned at 8:31 P. M. Min es approved as submitted and/or corrected this _ /C� _ day of Z` , A. D., 1992. C.47 ATTEST: Pat Jones, ity Secretary V. Inger, Mayor