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1992-12-14 CITY COUNCIL REGULAR MEETING MINUTES191 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON DECEMBER 14, 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, as well as Police Chief Mike Hogg. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was offered by Councilmember Weber. The Pledge of Allegiance was led by Councilmember Smith. APPROVAL OF MINUTES It was moved by Councilmember Colson, seconded by Councilmember -' Smith, that the minutes of the joint public hearing of December 7, 1992, be approved as submitted. Motion passed 5 to 0. It was moved by Councilmember Frank, seconded by Councilmember Colson, that the minutes of the regular meeting of December 7, 1992, be approved as submitted. Motion passed 5 to 0. MEETING RECESSED AT 7:33 P. M. Mayor Coppinger announced the Council would now return to the previously scheduled Executive Session. MEETING RECONVENED AT 8:30 P. M. MAYOR'S ACTIVITY REPORT Mayor Coppinger, assisted by Division Director Erwin, presented the Government Finance Officers Award to Janet Eastburn, Director of Finance. This award is for excellence in financial reporting. COUNCIL ACTIVITY REPORTS Councilmember Miller reported he attended the Parks Board meeting on December 12th. Councilmember Frank commented on the Employee Christmas Party, stating it was excellent. Mr. Frank stated he had received a letter from senior citizens groups in which they asked him to be their liaison to the Council in matters of concern to them. Councilmember Weber wished all a Merry Christmas and a Happy New Year. 192 Councilmember Colson reported the Council has been given a rough draft of a code of ethics and asked for their comments and sug- gestions. Mrs. Colson also reminded the Council it has been six months since the retreat and suggested Council review the goals set at the retreat at a future meeting, evaluating the progress made. Councilmember Smith reported on a FEMA meeting he attended relat- ing to insurance coverage. Mr. Smith also attended the Gulf Coast Emergency Management meeting in League City recently. Some federal funds may soon be available to help us upgrade our emer- gency equipment and Councilmember Smith stated that, with the help of the grant writer, we should be able to subsidize some of our budgeted emergency management items. After discussion, it was the consensus of Council that Council - member Frank be appointed as liaison to the senior citizens, groups. CITY MANAGER REPORT City Manager Grohman reported the items he had covered last week were still in progress and offered to answer questions Council might have. Councilmember Miller questioned a recent letter from the cable company in which a rate increase was mentioned. Mr. Miller asked City Manager Grohman if our recent renewal of the franchise ordinance did not include a hold on rates. Mr. Grohman explained the provisions of the franchise renewal at length, but stated it did not provide for a control over rate increases. Cities who receive six off -air channels are exempt from control over rate increases, he said. CITIZENS: None DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 450-10, AMENDING ORDINANCES 450-7, 450-8, AND 450- 9, ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND A CLASSI- FICATION PAY PLAN FOR ALL POLICE OFFICERS Ordinance No. 450-10 was read in caption by Councilmember Miller. It was moved by Councilmember Miller that this ordinance be amended on it second reading with two changes regarding author- ized positions: 1) that the number of positions authorized for police officer be elevated from 25 to 26; and 2) that the number of positions authorized for corporal be reduced from 4 to 3. Councilmember Smith agreed to second the motion with the under- standing that the change in pay scale be retroactive to October 1. Motion passed 5 to 0. It was moved by Councilmember Weber, seconded by Councilmember Miller, that Ordinance No. 450-10 be passed and approved on its second and final reading, as amended. Said Ordinance No. 450-10 reads in caption as follows: ORDINANCE NO. 450-10 AN ORDINANCE AMENDING ORDINANCES NO. 450-7, 450-8, AND 450-9 OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND A CLASSIFICATION PAY PLAN FOR ALL POLICE OFFICERS, ESTABLISHING THE NUMBER OF AUTHORIZED POSITIONS IN EACH CLASSIFICATION, PURSU- ANT TO SECTION 143.021 OF THE LOCAL GOVERNMENT CODE OF 193 THE STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A REPEALING CLAUSE, AN EFFECTIVE DATE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT THEREOF. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 509-32, AMENDING LAND USE ORDINANCE, FROM R-1 TO OP, ON PROPERTY LOCATED IN THE 0. W. WILLITS SUBDIVISION, AND PROVIDING FOR AN AMENDMENT TO THE LAND USE DISTRICT MAP Ordinance No. 509-32 was read in caption by Councilmember Frank. It was moved by Councilmember Frank, seconded by Councilmember Colson, that Ordinance No. 509-32 be passed and approved on its second and final reading. Said Ordinance No. 509-32 reads in caption as follows: ORDINANCE NO. 509-32 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 THE 0. W. WILLITS SUBDIVISION FROM R-1, SINGLE FAMILY DWELLING DISTRICT, TO OP, OFFICE AND PROFESSIONAL, AT THE REQUEST OF ALFRED E. LENTZ, AGENT FOR OXYCHEM PIPELINE OPERATIONS, OWNER; 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 Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 509-33, AMENDING LAND USE ORDINANCE, FROM R-3, PUD TO R-3, PUD, ON PROPERTY LOCATED IN THE WILLOWICK, SECTION 2 SUBDIVISION, AND PROVIDING FOR AN AMENDMENT TO THE LAND USE DISTRICT MAP Ordinance No. 509-33 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Frank, that Ordinance No. 509-33 be passed and approved on its second and final reading. Said Ordinance No. 509-33 reads in caption as follows: ORDINANCE NO. 509-33 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 WILLOWICK, SECTION 2 SUBDIVISION FROM R-3 PLANNED UNIT DEVELOPMENT (R-3, PUD) TO R-3 PLANNED UNIT DEVELOPMENT (R-3 PUD), AT THE REQUEST OF ROBERT J. CAMPBELL, OWNER; PROVIDING AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank and Miller. 194 Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS AWARD OF BID NO. B92-14, GROUP LIFE INSURANCE AND MEDICAL/DENTAL HEALTH PROTECTION PLAN Division Director Burdine gave a presentation using the overhead projector which recapped the City's current coverage, reviewed the process used to solicit new coverage plans and recommended award to the alternate bid offered by TML. Many aspects of the employee coverage were discussed and Council and Staff engaged in a question and answer period. It was noted that approximately forty-one proposals were submitted and City Manager Grohman commended the Staff members who worked on select- ing the best plan for the City. After much review and discussion of the submitted proposals, it was moved by Councilmember Colson, seconded by Councilmember Miller, that Council award the bid for employee insurance cover- age to TML Alternate Plan as recommended by Staff. Motion passed 4 to 0, with Councilmember Smith abstaining. AWARD OF BID NO. B92-16, ALL -TERRAIN RIDING MOWER Council reviewed the following bids: VENDOR MAKE PRICE DELIVERY DATE BROOKSIDE EQUIP- ATM -70 DEW,EZE MENT SALES, INC. ALL -TERRAIN MOWER $15,935.00 15-30 DAYS (NEW) BROOKSIDE EQUIP- ATM -70 DEW,EZE MENT SALES, INC. ALL -TERRAIN MOWER $14,520.00 2-10 DAYS (DEMO) City Manager Grohman recommended, per Staff's memo, that bid be awarded for the demo model. It was moved by Councilmember Weber, seconded by Councilmember Colson, that Bid No. B92-16 be awarded to Brookside Equipment Sales, Inc. in the amount of $14,520.00 for their demo model. Councilmember Frank inquired why only one bid was received and Staff informed that, although the specifications for this equip- ment were unique, the City Attorney had advised the bidding process be followed. Motion passed 5 to 0. COUNCIL DECISION ON SPECIFIC USE NO. 23, REQUEST OF DON CARBONE, OWNER, FOR A SPECIFIC USE PERMIT TO CONSTRUCT A SINGLE FAMILY DWELLING IN AN OFFICE AND PROFESSIONAL ZONE ON PROPERTY LOCATED AT 2305 & 2307 PARK AVENUE It was moved by Councilmember Weber, seconded by Councilmember Frank, that, based upon the recommendation of the Planning and Zoning Commission, this specific use permit be granted. Motion passed 5 to 0. ORDINANCE NO. 509-34, AN ORDINANCE AMENDING LAND USE ORDINANCE, FROM GENERAL BUSINESS TO OFFICE AND PROFESSIONAL, ON PROPERTY LOCATED IN THE OLD TOWNSITE AND PROVIDING FOR AN AMENDMENT TO THE LAND USE DISTRICT MAP Ordinance No. 509-34 was read in caption by Councilmember Colson. It was moved by Councilmember Colson, seconded by Councilmember Weber, that Ordinance No. 509-34 be passed and approved as an emergency ordinance. City Manager Grohman informed that the reading of this ordinance, as well as the next item on the agenda, as emergency ordinances is to expedite Mr. Carbone's request for which he has been before Council several times already. Said Ordinance No. 509-34 reads in caption as follows: ORDINANCE NO. 509-34 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 THE OLD TOWNSITE FROM GB, GENERAL BUSINESS TO OP, OFFICE AND PROFESSIONAL, AT THE REQUEST OF DON CARBONE, OWNER; PROVIDING AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT AND DECLARING AN EMERGENCY BECAUSE THE NEED TO PROVIDE FOR THE ORDERLY DEVELOPMENT OF THE CITY IN AN EXPEDITIOUS MANNER BEARS DIRECTLY ON THE WELFARE OF THE POPULATION AND THEREFORE INURES TO THE GENERAL BENEFIT OF THE CITIZENRY. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 509-35, A ORDINANCE AMENDING THE LAND USE ORDI- NANCE, TO ALLOW A SPECIFIC USE PERMIT IN AN OFFICE AND PROFES- SIONAL ZONE IN THE OLD TOWNSITE, PROVIDING A PENALTY FOR VIOLA- TION AND PROVIDING AN AMENDMENT TO THE LAND USE DISTRICT MAP Ordinance No. 509-35 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Colson, that Ordinance No. 509-35 be passed and approved as an emergency ordinance. Said Ordinance No. 509-35 reads in caption as follows: ORDINANCE NO. 509-35 AN ORDINANCE AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEAR - LAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE i PERMIT TO CONSTRUCT A SINGLE FAMILY DWELLING IN AN OP, OFFICE AND PROFESSIONAL ZONE, LOCATED IN THE OLD TOWN - SITE AT THE REQUEST OF DON CARBONE, OWNER; PROVIDING AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; PROVIDING A PENALTY FOR VIOLATION AND OTHER PROVISIONS RELATED TO THE SUBJECT AND DECLARING AN EMERGENCY BECAUSE THE NEED TO PROVIDE FOR THE ORDERLY DEVELOPMENT OF THE CITY IN AN EXPEDITIOUS MANNER BEARS DIRECTLY ON THE WELFARE OF THE POPULATION AND THEREFORE INURES TO THE GENERAL BENEFIT OF THE CITIZENRY. 196 Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Smith. Voting "No" - None. Motion passed 5 to 0. COUNCIL DECISION ON PARTICIPATION WITH YMCA TO PAVE A ROAD FROM FM 518 TO STRATFORD TO PROVIDE INGRESS AND EGRESS TO THE NEW YMCA FACILITY City Manager Grohman informed that a late cost estimate had come in which reduced the proposed cost of this road approximately $15-16,000. This change is predicated on Mr. Simpson agreeing to donate a different tract of land more to the west which will shorten the length of the road. The "Y" will contribute $25,000 and Mr. Grohman referred to the late memo which listed possible sources of funding on the City's part. Council discussed funding and the "Y's" contribution. It was noted that the City will still be responsible for approximately $75,000 in costs. It was moved by Councilmember Weber that approval be given for the City's participation in this project to this extent. The motion was seconded by Councilmember Smith with the stipula- tion that the funds be taken from the sources set out in the memo. City Manager Grohman stated this would require an ordinance amending the budget which could be put on the first meeting in January. In further discussion, Councilmember Miller noted that the Plan- ning and zoning Commission recommended denial of Mr. Simpson's request for a zone change based upon the objections of the Pres- byterian Church. Mr. Miller commented that the road is now being proposed to be moved nearer the church property and asked if the opinion of the church and the Planning Commission had been con- sidered in this latest proposal. Councilmember Miller posed the question if the donation of land was binding on Mr. Simpson should he again receive opposition from the Planning Commission and the church body. Mr. Miller expressed the concern that City funds will have been allocated for a project that may not materi- alize. City Manager Grohman discussed the law which does not allow for a trade-off situation in zone change cases. It was noted that Mr. Simpson had currently withdrawn his request for a zone change. Councilmember Frank asked if the City would receive a title to the property before any funds were expended. It was explained by Division Director Burdine that the Y would receive the donation from Mr. Simpson and then donate it to the City. Mr. Richard Simpson, who was present in the audience, informed the Council his CPA had advised him not to actually deed the road to the City until August of 1993 for tax purposes. Mr. Simpson stated he was assured by his legal counsel that this could be accomplished with the concurrence of the City Attorney and would be a binding agreement. There followed a lengthy discussion regarding binding contracts, expending City funds on property not owned by the City, the Y's intended timeframe for construction of the new facility, and the -- impact on the surrounding neighborhood when construction begins if the road from FM 518 is not completed. Staff and Council expressed views that the proposed August, 1993, date to deed the right-of-way to the City shed a different light on the matter and stated this changed many of their previously held conceptions in this matter. _197 Councilmember Smith asked that his second to the motion be withdrawn due to this new information. Councilmember Weber also withdrew his motion. It was moved by Councilmember Weber, seconded by Councilmember Colson, that action on this item be tabled at this time. Motion passed 5 to 0. ORDINANCE NO. 651, VACATING, CLOSING AND ABANDONING 10' DRAINAGE EASEMENT IN SHERWOOD SUBDIVISION City Manager Grohman explained Staff is recommending approval of this ordinance so that the owner may use the property. Councilmember Smith informed that the drainage for the front side of the Sherwood Subdivision was put in the FM 518 right-of-way. Box culvert has since been installed by the City at the back of the property, behind the shopping center. This is a dead line, Mr. Smith related. It was noted the alleyway on the plat was not affected. Ordinance No. 651 was read in caption by Councilmember Colson. It was moved by Councilmember Colson, seconded by Councilmember Frank, that Ordinance No. 651 be passed and approved on its first reading. Said Ordinance No. 651 reads in caption as follows: ORDINANCE NO. 651 AN ORDINANCE VACATING, CLOSING AND ABANDONING A CERTAIN 10' DRAINAGE EASEMENT, IN THE COMMERCIAL RESERVE OF SHERWOOD SUBDIVISION, AS RECORDED IN VOL. 10, PAGES 11 AND 12 OF THE PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. EXCUSED ABSENCE FOR COUNCILMEMBER MILLER FROM THE REGULAR MEETING OF DECEMBER 7, 1992 It was moved by Councilmember Colson, seconded by Councilmember Frank, that Councilmember Miller be excused from the regular meeting of December 7, 1992. Motion passed 4 to 0, with Councilmember Miller abstaining. RESOLUTION NO. R92-43, RESOLUTION OF CHRISTMAS (— Resolution No. R92-43 was read in caption by Mayor Coppinger. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Resolution No. R92-43 be passed and approved on its first and only reading. Said Resolution No. R92-43 reads in caption as follows: RESOLUTION NO. R92-43 A RESOLUTION CREATING AND RECREATING A MERRY CHRISTMAS BY PROVIDING FOR ELVES, REINDEER, CANDY CANES, AND OFFICE PARTIES; ESTABLISHING A FESTIVE SPIRIT AND EFFECTIVE DATE; APPROPRIATING A SUBSTANTIAL PORTION OUT OF EVERYONE'S PAY AND CREDIT TO DEFER THE FISCAL OBLI- GATIONS THEREOF; CONTAINING A SEVERABILITY CLAUSE AND A SANTA CLAUS(E) AND PROVIDING A PENALTY. Voting "Aye" - Everyone in the audience voted aye. Motion passed by acclamation. OTHER BUSINESS: None ADJOURNMENT The meeting adjourned at 10:00 P. M. utes approved as submitted and/or corrected this �_ day of A. D., 1993. ATTEST: Pat Jones,qSecretary