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1992-10-12 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON OCTOBER 12, 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 C. V. Coppinger Mayor Pro Tem/Councilmember Randy Weber Councilmember D. A. Miller Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Benny Frank Joy Colson David Smith Paul Grohman Lester Rorick Pat Jones Others in attendance were Division Directors Glen Erwin and Richard Burdine, City Engineer John Hargrove, and Police Chief Mike Hogg. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Chief Mike Hogg. The Pledge of Allegiance was led by Councilmember Joy Colson. APPROVAL OF MINUTES It was moved by Councilmember Colson, seconded by Councilmember Frank, that the minutes of the Special Meeting of September 28, 1992, be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Frank, seconded by Councilmember Weber, that the minutes of the Regular Meeting of September 28, 1992, be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Weber, seconded by Councilmember Colson, that the minutes of the Special Meeting of October 5, 1992, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger proclaimed "Shrine Hospital Benefit Day" and Charles Brady, a local Shriner, accepted the proclamation. Mayor Coppinger also proclaimed "National School Bus Safety Week." David Christenson, Director of Transportation for the Pearland Independent School District, accepted the proclamation in behalf of the District's bus drivers. Mr. Christensen ex- pressed gratitude for the working relationship between their department and the Police Department. COUNCIL ACTIVITY REPORTS Councilmember Smith stated the City picnic was an enjoyable event. Councilmember Colson reported her attendance at the 100 Club Banquet and the Texas Municipal League Convention. 0A Councilmember Weber commended those who worked on the City picnic. Councilmember Frank reported his attendance at the 100 Club Banquet and the City picnic. Councilmember Frank also suggested a manual be developed as a guideline for new board and commission members. Mr. Frank offered to work on this project, with Coun- cil's concurrence. Councilmember Miller informed he was privileged to serve as Master of Ceremonies at the 10th Annual 100 Club Awards Banquet held on October 3rd. Mr. Miller thanked the community for its support of this organization. Councilmember Miller also reported on the Park Board meeting held on October 9th. Councilmember Miller asked that he be excused from the balance of the meeting due to a personal emergency. CITY MANAGER REPORT City Manager Grohman reported the auditors are here from the firm of Earl Lairson and will be working, gathering their needed information for the next few weeks. Mr. Grohman stated the 100 Club Banquet was a success. Continuing his report, Mr. Grohman commented on the progress of providing water and sewer service for the northwest side of the City. There is one remote mobile home park which may prove difficult to serve and City Manager Grohman asked Council's permission to have Councilmember Smith work with the City of Brookside in obtaining consent to use its right-of-way to provide, if possible, water and sewer service to the people in this park. City Manager Grohman reported there have been three fatalities in the City recently. Walsh Engineering is working on the plans for our portion of the work needing to be done to facilitate the State's widening of FM 518 and we should go to bid by the first meeting in January. A preconstruction meeting will be held with Durwood Greene, the contractor awarded the bid on the 1992 Street Improvement project, this Wednesday. The City's new fire truck has been delivered, Mr. Grohman reported. Closing remarks by City Manager Grohman included a favorable comment on the City picnic, recognition of work by Staff and the Police Department on the agenda items tonight calling for the erection of stop signs and a speed zone on Veterans Drive, report on the capacitor installation, and a comment regarding develop- ment of a policy for the installation of street banners. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 642, ORDINANCE VACATING, CLOSING, AND ABANDONING A CERTAIN 20' ACCESS EASEMENT, CONSTITUTING A PORTION OF BLOCK 8 IN GREEN TEE TERRACE TOWNHOUSES, PEARLAND, HARRIS COUNTY, TEXAS Ordinance No. 642 was read in caption by Councilmember Frank. (Second reading) It was moved by Councilmember Frank, seconded by Councilmember Weber, that Ordinance No. 642 be passed and approved on its second and final reading. Said Ordinance No. 642 reads in caption as follows: ORDINANCE NO. 642 AN ORDINANCE VACATING, CLOSING AND ABANDONING A CERTAIN 20' ACCESS EASEMENT, CONSTITUTING A PORTION OF BLOCK 8 OF GREEN TEE TERRACE TOWNHOUSES, PEARLAND, HARRIS COUNTY, TEXAS. Voting "Aye" - Councilmembers Frank, Weber, Colson, and Smith. 147 Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 374-2, AMENDING THE CODE AT CHAPTER 31, WRECKER SERVICE Ordinance No. 374-2 was read in caption by Councilmember Frank. (Second reading) It was moved by Councilmember Frank, seconded by Councilmember Colson, that Ordinance No. 374-2 be passed and approved on its second and final reading. Said Ordinance No. 374-2 reads in caption as follows: ORDINANCE NO. 374-2 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF CITY OF PEARLAND, CHAPTER 31, WRECKER SERVICE, SEC. 31-6 (d) FOR THE PURPOSE OF PROVIDING AN EXCEPTION TO THE RULES PROHIBITING TRANSFERABILITY OF EMERGENCY WRECKER TAGS IN THE CASE OF AN ASSIGNMENT OF THE PERMIT IN CONNEC- TION WITH AND AS PART OF THE SALE OF A GOING BUSINESS; PROVIDING FOR AN EFFECTIVE DATE; AND CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND CODIFICA- TION. Voting "Aye" - Councilmembers Smith, Colson, Weber, and Frank. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 643, AMENDING THE CODE AT CHAPTER 10, FIRE PREVEN- TION AND PROTECTION -- Ordinance No. 643 was read in caption by Councilmember Weber. (Second reading) It was moved by Councilmember Weber, seconded by Councilmember Colson, that Ordinance No. 643 be passed and approved on second and final reading. Said Ordinance No. 643 reads in caption as follows: ORDINANCE NO. 643 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF CITY OF PEARLAND, AT CHAPTER 10, FIRE PREVENTION AND PROTEC- TION, ARTICLE III, FIRE CODE, FOR THE PURPOSE OF ADOPT- ING AS THE CITY'S FIRE CODE THE LATEST EDITION OF THE STANDARD FIRE PREVENTION CODE, AND THE LATEST EDITION OF THE LIFE SAFETY CODE HANDBOOK; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE AND CODIFICATION. Voting "Aye" - Councilmembers Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 644, AMENDING THE CODE AT CHAPTER 10 FOR THE PUR- POSE OF PROVIDING RULES APPLICABLE TO THE NUMBERING OF BUILDINGS WITHIN THE CITY Ordinance No. 644 was read in caption by Councilmember Colson. It was moved by Councilmember Colson, seconded by Councilmember Frank, that Ordinance No. 644 be passed and approved on second and final reading. 148 Said Ordinance No. 644 reads in caption as follows: ORDINANCE NO. 644 AN ORDINANCE REPEALING SECTION 26-9, CODE OF ORDINANCES AT CHAPTER 10, BY THE ENACTMENT OF ARTICLE V, FOR THE PURPOSE OF PROVIDING RULES APPLICABLE TO THE NUMBERING OF BUILDINGS WITHIN THE CITY; PROVIDING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY AND AN EFFEC- TIVE DATE. Voting "Aye" - Councilmembers Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 4 to 0. NEW BUSINESS AUTHORIZATION FOR CITY MANAGER TO REFUND 1990 PERSONAL PROPERTY TAXES, PENALTY, AND INTEREST TO ORIX CREDIT ALLIANCE IN THE AMOUNT OF $8,512.00 Division Director Glen Erwin recalled that the 1991 taxes were recently refunded, and after research, it is believed the 1990 taxes should also be refunded. A discussion regarding the reasons for the refund followed be- tween the Council, Mr. Erwin, and Attorney Mike Smith from the firm retained by the City to handle these situations. Mr. Smith reported a meeting is scheduled with the Brazoria County Apprais- al District to discuss remedies to these type problems. It was moved by Councilmember Smith, seconded by Councilmember Colson, that the City Manager be authorized to refund 1990 per- sonal property taxes, penalty, and interest to Orix Credit Al- liance in the amount of $8,512.00. Motion passed 3 to 1, with Councilmember Weber voting against. EXCUSED ABSENCE FOR MAYOR COPPINGER FROM THE REGULAR MEETING OF SEPTEMBER 28, 1992 It was the consensus of Council that this item be passed until later in the agenda. ORDINANCE NO. 509-31, AMENDING LAND USE ORDINANCE, FROM CLASSIFI- CATION R-3, PUD TO R-3, PUD, AT REQUEST OF ALFRED E. LENTZ, AGENT FOR FEROZE P. AND SHERNAZ BHANDARA, OWNERS, IN THE RIVERWALK SUBDIVISION Ordinance No. 509-31 was read in caption by Councilmember Smith. (First reading) It was moved by Councilmember Smith, seconded by Councilmember Weber, that Ordinance No. 509-31 be passed and approved on its first reading. Division Director Richard Burdine explained the provisions of a planned unit development and stated that, although it appeared the request for rezoning was the same, the lots will actually be increased in size, allowing less density. Staff recommends approval, Mr. Burdine stated. Said Ordinance No. 509-31 reads in caption as follows: ORDINANCE NO. 509-31 AN ORDINANCE AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEAR - LAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFI- CATION OF CERTAIN REAL PROPERTY LOCATED IN RIVERWALK SUBDIVISION FROM R-3, PLANNED UNIT DEVELOPMENT (R-3, PUD) TO R-3 PLANNED UNITED DEVELOPMENT (R-3, PUD) AT THE REQUEST OF ALFRED E LENTZ, AGENT FOR FEROZE P. AND SHERNAZ BHANDARA, OWNERS; PROVIDING AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVI- SIONS RELATED TO THE SUBJECT. Voting "Aye" - Councilmembers Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 569-1, AMENDING THE CODE AT CHAPTER 20, FOR THE PURPOSE OF PROVIDING FOR ASSESSMENTS FOR FALSE ALARMS Ordinance No. 569-1 was read in caption by Councilmember Frank. (First reading) It was moved by Councilmember Frank, seconded by Councilmember Smith, that Ordinance No. 569-1 be passed and approved on its first reading. Police Chief Mike Hogg informed this ordinance allow us to fine those having more than five false alarms each year. The fee will be $50.00 per each false alarm after the five allowable. Said Ordinance No. 569-1 reads in caption as follows: NO. 569-1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF CITY OF PEARLAND, CHAPTER 20, OFFENSES AND MISCELLANEOUS PROVI- SIONS, SEC. 20-29, FOR THE PURPOSE OF PROVIDING FOR ASSESSMENT FEES FOR FALSE ALARMS; PROVIDING FOR AN EFFECTIVE DATE; AND CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, CODIFICATION, AND PUBLICATION. Voting "Aye" - Councilmembers Smith, Colson, Weber, and Frank. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 645, ESTABLISHING FEES TO RECOVER ACTUAL COSTS INCURRED IN PROCESSING RETURNED CHECKS Ordinance No. 645 was read in caption by Councilmember Frank. (First reading) It was moved by Councilmember Frank, seconded by Councilmember Weber, that Ordinance No. 645 be passed and approved on its first reading. Said Ordinance No. 645 reads in caption as follows: ORDINANCE NO. 645 AN ORDINANCE OF CITY OF PEARLAND, TEXAS, ESTABLISHING FEES TO RECOVER THE ACTUAL COSTS INCURRED IN PROCESSING RETURNED CHECKS, GIVEN IN SATISFACTION OF ANY FINE, FEE, PERMIT, LICENSE, OR OTHER GOODS OR SERVICES OF THE CITY; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION, AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Smith, Colson, Weber, and Frank. Voting "No" - None. Motion passed 4 to 0. 150 ORDINANCE NO. 646, ESTABLISHING SPEED ZONES ALONG VETERANS DRIVE Ordinance No. 646 was read in caption by Councilmember Weber. (First reading) It was moved by Councilmember Weber, seconded by Councilmember Frank, that Ordinance No. 646 be passed and approved on its first reading. Said Ordinance No. 646 reads in caption as follows: ORDINANCE NO. 646 AN ORDINANCE ESTABLISHING AND REESTABLISHING PRIMA FACIE SPEED LIMITS PURSUANT TO ARTICLE 6701D, VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON VETERANS DRIVE, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION. Voting "Aye" - Councilmembers Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 4 to 0. RESOLUTION NO. R92-31, AUTHORIZING PLACEMENT OF VARIOUS TRAFFIC SIGNS (STOP SIGNS IN SPRINGFIELD SUBDIVISION, STOP SIGNS AT MAGNOLIA AND VETERANS, MCLEAN AND SPRINGFIELD) Resolution No. R92-31 was read in caption by Councilmember Col- son. It was moved by Councilmember Colson, seconded by Councilmember Smith, that Resolution No. R92-31 be passed and approved on its first and only reading. Said Resolution No. R92-31 reads in caption as follows: RESOLUTION NO. R92-31 A RESOLUTION AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND, SO AS TO CREATE A FOUR-WAY STOP INTERSECTION AT THE INTERSECTION OF MAGNOLIA AND VETER- ANS DRIVE, AND A FOUR-WAY STOP INTERSECTION AT THE INTERSECTION OF MCLEAN ROAD AND SPRINGFIELD; AND FUR- THER TO PROVIDE FOR THE REPLACEMENT OF ALL YIELD SIGNS IN SPRINGFIELD SUBDIVISION WITH STOP SIGNS. Voting "Aye" - Councilmembers Smith, Colson, Weber, and Frank. Voting "No" - None. Motion passed 4 to 0. BOARD APPOINTMENTS TO GAS AND PLUMBING CODE BOARD OF ADJUSTMENTS AND APPEALS; BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS; REPRESENTATIVES TO HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEM- BLY; AND CITY'S REPRESENTATIVE TO BRAZOS BEND WATER AUTHORITY Mayor Coppinger informed our present representative to the Brazos Bend Water Authority, former Mayor Tom Reid, has agreed to be reappointed to this authority. Councilmember Smith requested Mayor Coppinger be reappointed as the City's representative to H -GAC. Mayor Coppinger asked that Councilmember Weber be appointed again as his alternate. It was moved by Councilmember Weber that these three individuals be appointed to these boards. It was the consensus of Council that these appointments be made. Councilmember Frank requested an Executive Session be held to discuss appointments to the Gas and Building Boards. It was moved by Councilmember Smith, seconded by Councilmember Frank, that the other appointments be passed to a future agenda with an Executive Session to be held to discuss these appoint- ments. Motion passed 4 to 0. RESOLUTION NO. R92-32, RESOLUTION CONCERNING AN ENVIRONMENTAL AUDIT REPORT TO THE EPA FOR THE BARRY ROSE WASTEWATER TREATMENT PLANT Resolution No. R92-32 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Colson, that Resolution No. R92-32 be passed and approved on its first and only reading. Said Resolution No. R92-32 reads in caption as follows: RESOLUTION NO. R92-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, CONCERNING THE MUNICIPAL WATER POLLUTION PREVENTION ENVIRONMENTAL ANALYSIS REPORT TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR THE BARRY ROSE WASTEWATER TREATMENT PLANT. Voting "Aye" - Councilmembers Smith, Colson, Weber, and Frank. Voting "No" - None. Motion passed 4 to 0. RESOLUTION NO. R92-33, RESOLUTION CONCERNING AN ENVIRONMENTAL AUDIT REPORT TO THE EPA FOR THE LONGWOOD WASTEWATER TREATMENT PLANT Resolution No. R92-33 was read in caption by Councilmember Frank. It was moved by Councilmember Frank, seconded by Councilmember Weber, that Resolution No. R92-33 be passed and approved on its first and only reading. Said Resolution No. R92-33 reads in caption as follows: RESOLUTION NO. R92-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, CONCERNING THE MUNICIPAL WATER POLLUTION PREVENTION ENVIRONMENTAL ANALYSIS REPORT TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR THE LONGWOOD WASTEWATER TREATMENT PLANT. Voting "Aye" - Councilmembers Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 4 to 0. EXCUSED ABSENCE FOR MAYOR C. V. COPPINGER FROM THE REGULAR MEET- ING OF SEPTEMBER 28, 1992 It was moved by Councilmember Smith, seconded by Councilmember Colson, that Mayor Coppinger be excused from the September 28, 1992, regular meeting. 152 It was the consensus of Council that the Mayor be excused. Mayor Coppinger recognized government students in the audience. OTHER BUSINESS: None CITIZENS: 1. Frances Jamison, FM 518. Ms. Jamison discussed annexation, forgery, and litigation. 2. Daphne Hereford, Yost Rd. Ms. Hereford chose not to speak, intending to relinquish her time to Ms. Jamison, if neces- sary. 3. Catherine O'Brien, Green Tee Homeowners. Ms. O'Brien dis- cussed the Brio Site and urged the Council to get informed. ADJOURNMENT The meeting adjourned at 9:43 P. M. Minutes approved as submitted and/or corrected this day of A. D . , 1992. ATTEST: Pat Jones, ity Secretary C. V. Copplinefee, Mayo