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1993-02-08 CITY COUNCIL REGULAR MEETING MINUTESMI MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON FEBRUARY 81 1993, 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 Councilmember Councilmember Councilmember City Attorney City Secretary D. A. Miller Benny Frank Joy Colson David Smith Lester Rorick Pat Jones Others in attendance: Division Directors Glen Erwin and Richard Burdine, City Engineer John Hargrove, and Police Chief Mike Hogg. Absent from the meeting: City Manager Paul Grohman INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Smith. The Pledge of Allegiance was led by Councilmember Frank. APPROVAL OF MINUTES Mayor Coppinger advised that the City Secretary had asked that the first item under "Approval of Minutes" be passed to a future agenda as it had been incorrectly posted. The item should have read "Joint Public Hearing of January 25, 1993" rather than Special Meeting of January 25, 1993. It was moved by Councilmember Weber, seconded by Councilmember Colson, that the minutes of the regular meeting of January 25, 1993, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger reported City Manager Grohman was absent due to illness but should soon be back at work. Mayor Coppinger proclaimed February as "American Heart Month." Representatives from this organization accepted the proclamation. Mayor Coppinger reported his attendance at a business development seminar, along with other members, and praised the good working relationship between the City and the Chamber of Commerce. COUNCIL ACTIVITY REPORTS Councilmember Miller reported he attended the Hobby-Pearland Chamber of Commerce annual banquet on January 30th. Councilmember Frank reported he attended the Chamber's business development seminar. Councilmember Weber reported he attended the Henry Cisneros Leadership Seminar in San Antonio and the Chamber's working semi- nar. Councilmember Colson asked to be passed but indicated she had 222 attended the same meetings. Councilmember Smith reported he had attended the same meetings. Mr. Smith informed he was unable to attend the Drainage Dis- trict's meeting this morning due to an emergency call. Council - member Smith pointed out the brochure passed out to Council regarding the 1993 Hurricane Conference and informed he would be attending at no cost to the City. CITY MANAGER'S REPORT Division Director Richard Burdine reported an individual ran into the Melvin Knapp Activity Building this morning. The person driving the car was not seriously hurt but the building did sustain quite a bit of damage and repair estimates are being made. Mr. Burdine reported the County's paving crew is still working in the area and noted the streets they have covered. Police Chief Mike Hogg discussed his annual report and covered statistics regarding issues handled by the Police Department. Chief Hogg commended all who work for or support the Pearland Police Department. CITIZENS 1. Daphne Hereford, 2904 Yost. Ms. Hereford commended Fran Coppinger who had spoken at the last Council meeting regard- ing an ethics policy. Ms. Hereford noted that she had asked for a copy of the ethics policy which was adopted by Council that night and after eleven days still did not have a copy. Ms. Hereford also commented she had not been given a copy of lawsuits as requested but had been sent a letter by the City Attorney denying her request. Mayor Coppinger gave Ms. Hereford a copy of litigation records. 2. Frances Jamison, FM 518. Ms. Jamison had signed to speak but indicated she did not wish to speak. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: None NEW BUSINESS RESOLUTION NO. R93-6, CALLING MAY 1, 1993, CITY OFFICERS' ELEC- TION Resolution No. R93-6 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Frank, that Resolution No. R93-6 be passed and approved on its first and only reading. Said Resolution No. R93-6 reads in caption as follows: RESOLUTION NO. R93-6 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING THE HOLDING OF A REGULAR CITY OFFICERS' ELECTION ON THE FIRST DAY OF MAY, 1993, FOR THE PURPOSE OF ELECTING A MAYOR AND ONE MEMBER OF THE CITY COUNCIL IN AND FOR THE CITY OF PEARLAND, _ TEXAS, ESTABLISHING POLLING PLACES; NAMING CLERKS; AND ESTABLISHING PROCEDURES FOR SAID REGULAR CITY OFFICERS' ELECTION. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R93-7, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION FOR THE MAY 1, 1993, CITY OFFICER'S ELECTION Resolution No. R93-7 was read in caption by Councilmember Colson. It was moved by Councilmember Colson, seconded by Councilmember Smith, that Resolution No. R93-7 be passed and approved on its first and only reading. Said Resolution No. R93-7 reads in caption as follows: RESOLUTION NO. R93-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, APPOINTING PERSONS TO SERVE AT THE CENTRAL COUNTING STATION, BRAZORIA COUNTY COURTHOUSE, ANGLETON, TEXAS, FOR THE REGULAR CITY OFFICERS' ELECTION TO BE HELD ON THE FIRST DAY OF MAY, 1993. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. COUNCIL DECISION ON DATE TO HOLD RUNOFF ELECTION, IF NECESSARY, AND INSTRUCTION TO CITY ATTORNEY TO SUBMIT THIS DATE FOR PRE- CLEARANCE TO JUSTICE DEPARTMENT City Secretary Pat Jones discussed her memo of February 1, 1993, pertaining to the Councils selection of a runoff date. The Election Code allows an eleven day period in which the runoff may be held. This period begins the 20th day after canvassing and continues through the 30th day. It has been the practice of the Council to canvass the Monday after the main election day and to select a runoff date on a Saturday thereafter. This year, following this same procedure, the runoff date will fall on the Saturday of Memorial Day week- end. Continuing her report, Mrs. Jones suggested the canvassing could legally be done later in the week on Thursday, May 6, which would allow for a runoff date of Saturday, June 5. Closing her remarks, City Secretary Jones stated that the elec- tion date is not limited to a Saturday and that she had no per- sonal preference. She concluded that she had visited with the School District's election clerk who indicated June 5 would be fine with them. Council discussed possible dates and the effect the special election called for the senatorial race would have. _ It was moved by Councilmember Frank, seconded by Councilmember Colson, that the canvass of the May 1 election be held on Thurs- day, May 6, and the runoff date, if needed, be selected for Saturday, June 5. Motion passed 5 to 0. AWARD OF BID NO. B93-2, FULL SIZE 1/2 TON PICK-UPS Council considered the following bids: 224 VENDOR C.MILLER FORD KNAPP CHEV BRAND/ MODEL 93 FORD F-150 DELV PRICE DATE 30-45 $ 9,844.83 DAYS 93 CHEV 45-60 W/T 1500 $ 9,800.00 DAYS WARRANTY QUICK DELV $1,085.00 $11,973.70 * $1,050.00 $ 9,701.00 BARRETT 93 GMC 50 BRO.GMC SIERRA 1500 $ 9,957.15 DAYS $ 855.00 $10,288.67 CROWN 93 DODGE 5-6 DODGE D-150 $11,787.00 WEEKS $ 890.00 - - - AC COLLINS 93 FORD 90 FORD F-150 $ 9,807.00 DAYS $ 985.00 - - - B PAGAN 93 FORD $ 9,625.00 54 FORD F-150 $ 9,387.00 DAYS $ 985.00 $10,154.00 (W/O MANUALS) STRICKLAND 93 CHEV 7 CHEV-GEO W/T 1500 $ 9,935.00 WEEKS $1,050.00 $10,521.00 LES MARKS 93 CHEV 60-90 CHEV C-1500 $10,274.26 DAYS $1,050.00 $10,636.58 *Doesn't meet specs - not immediately available. Division Director Richard Burdine explained to the Council those vehicles which had been budgeted for and the difference between those actually needed due to changes in personnel and work loads. Mr. Burdine suggested areas of the budget to cover funding for these needed vehicles. After discussing the bid tabulation sheet with Council, Mr. Burdine stated it is Staff's recommendation that four vehicles be purchased from Bob Pagan Ford on order and that two vehicles be purchased from Strickland Chevrolet for immediate delivery in the amount of $10,521.00 each and that the extended warranty be purchased for all vehicles. After discussion, it was moved by Councilmember Miller, seconded by Councilmember Colson, that two vehicles be purchased from Strickland Chevrolet for immediate delivery and the remaining four vehicles be ordered from Bob Pagan Ford, and following Staff's recommendation, the extended warranty be purchased for all vehicles. Motion passed 5 to 0. AWARD OF BID NO. B93-3, MID SIZE 4 -DR SEDANS (CRIMINAL INVESTIGA- TION DIVISION OF POLICE DEPARTMENT) Council reviewed the following bids: M-1 VENDOR BRAND/MODEL PRICE DELV DATE WARRANTY C.MILLER FORD 93 FORD TAURUS $12,064.78 30-45 DAYS $1,085.00 KNAPP 93 CHEV (NEW) $10,500.00 45-50 DAYS $ 975.00 CHEV LUMINA BARRETT 93 PONTIAC GR BRO.GMC PRIX 4 DR $11,379.90 50 DAYS $ 800.00 AC COLLINS FORD 93 FORD TAURUS $11,739.00 90 DAYS $ 985.00 CROWN 93 DODGE DODGE DYNASTY $14,800.00 16 DAYS $ 890.00 B PAGAN 10 DAYS (1) FORD 93 FORD TAURUS $11,630.00 45 DAYS(OTHERS)$ 985.00 STRICKLAND 92 CHEV (USED) CHEV-GEO LUMINA $10,480.00 3 WKS/LESS $1,090.00 RON CARTER FORD 93 FORD TAURUS $15,711.00 14 DAYS $ 985.00 Again, Division Director Richard Burdine discussed the bid tabu- lation sheet with Council. It was moved by Councilmember Colson, seconded by Councilmember Miller, that bid be awarded to Knapp Chevrolet to purchase two 1993 Chevrolet Luminas at their listed price. Motion passed 5 to 0. ORDINANCE NO. 509-36, AMENDING LAND USE ORDINANCE, FOR PURPOSE OF CHANGING ZONING CLASSIFICATION FROM GB TO C AT THE REQUEST OF ALFRED E. LENTZ, AGENT FOR L. F. GOZA, OWNER, ON PROPERTY LOCATED IN A PORTION OF LOT 26 OF THE GEORGE W. JENKINS SUBDIVISION Ordinance No. 509-36 was read in caption by Councilmember Weber. Said Ordinance No. 509-36 reads in caption as follows: ORDINANCE NO. 509-36 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 A PORTION OF LOT 26 OF THE GEORGE W. JENKINS SUBDIVISION FROM GB, GENERAL BUSINESS, TO C, COMMERCIAL, AT THE REQUEST OF ALFRED E. LENTZ, AGENT FOR L. F. GOZA, OWNER; PROVIDING FOR AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAIN- ING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATING TO THE SUBJECT. Citizen Input: 1. Tracy Devillier, 3228 Lee Circle. Ms. Devillier stated she wished to renew her objection to this proposed change in 226 zoning. Objections were listed as amount of paint and body work that might be done, environmental concerns and whether this business would be regulated by the City's building code. Ms. Devillier presented a petition containing 61 names she stated were in opposition to this change. She questioned whether they would have a paint booth at the new location as they do not have one at their current site. Closing her remarks, Ms. Devillier introduced pictures of the current location. Mayor Coppinger inquired of the City Secretary if the letter from the Planning and Zoning Commission had been received into the records and she replied that City Manager Grohman had asked the agenda to be prepared in this manner as passing the ordinance on first reading would be the same as receiving the Commission's recommendation into the records. Mayor Coppinger asked Councilmember Colson to read the letter from the Planning and Zoning Commission submitted concerning this zone change. Councilmember Colson read the following letter into the records: February 1, 1993 Honorable Mayor and Councilmembers City Hall Pearland, Texas 77581 Re: Application No. 34, Request of Al Lentz, agent for L. F. Goza, Owner, for an amendment to the Land Use and Urban Development Ordinance of the City from Classification Gener- al Business to Commercial on 7.1913 acres out of Lot 26 of the George W. Jenkins Subdivision (1000 E. Broadway) Gentlemen: The Planning and Zoning Commission, in a special meeting held on January 25, 1993, immediately following the joint public hearing, considered the above mentioned zone change request. The Commission considered the testimony heard in the public hearing prior to the meeting. It was moved by Emil Beltz, seconded by Pat Lopez, that the Commission recommend Application No. 34. Motion passed 7 to 0. This is submitted for your consideration. Sincerely yours, /s/ Richard Tetens, Chairman Planning and Zoning Commission RT:sp Councilmember Smith stated he would like to have this item passed over this evening as questions had been raised that he, as Emer- gency Management Coordinator, should research before action is taken on this issue. Mr. Smith asked that his statement be made in the form of a motion. City Secretary Jones indicated there were two other citizens signed to speak to this issue at this time. Councilmember Miller seconded the motion but requested that the 227 citizens still waiting to be heard be allowed to do so at this time if they wished. Citizen Input: 1. Frances Denton, 2715 Hazeldale. Ms. Denton indicated she was of the same opinion in opposing this proposed rezoning as Ms. Devillier and discussed other possible uses of the land if rezoned to commercial. 2. Al Lentz, 5703 Rockland. Mr. Lentz addressed the environ- mental questions raised, indicating his client wishes to move his facility because it has become outdated and outmod- ed. He intends to build a state of the art facility which will meet local, state, and federal codes. The building itself will cost approximately $400,000 to construct and will have a paint booth as well as adequate paint storage. Construction will meet all codes so that paint, chemicals and solvents are not discharged into any waterways. Sol- vents are kept at a minimum on site, Mr. Lentz informed. Mr. Lentz discussed area zoning and informed there is a commercial zone right across the street (FM 518) from this area proposed to be rezoned. An office and professional zone is to the west and just past that there is an area adjacent to the easterly side of the entrance to the Hazel - dale Subdivision which is zoned commercial and which could be used for this type of facility. A seven acre tract has been requested to be rezoned but will be limited in space because of the easements required and only one business will occupy this space, Mr. Lentz said. Councilmembers Smith and Miller indicated they chose to leave their motion as stated. Discussion ensued about area zoning, tabling the issue in light of the Planning and Zoning Commission's recommendation, and the timeliness of the petition. Mayor Coppinger stated he felt it would be a good decision to table at this time until some factors are clear. Councilmember Frank requested that City Attorney Rorick answer the question of voting on this issue at this time. Mr. Rorick indicated the Council was not legally required to vote at this time. Councilmember Weber stated he felt the Council should vote on it at this time and compared it to the recent zone change request by Mr. Richard Simpson. Discussion followed regarding the two separate zoning requests. Councilmember Smith stated the Charter specifies the Commission has the duty to recommend approval or disapproval of changes to the zone plan but does not specify how soon the Council has to act on it. Upon call for the question, voting was as follows: Voting "Aye" - Councilmembers Smith, Colson, and Miller. Voting "No" - Councilmembers Frank and Weber. Motion passed 3 to 2. APPOINTMENT OF ALTERNATE MUNICIPAL COURT JUDGE It was moved by Councilmember Frank, seconded by Councilmember Smith, that, based upon the recommendation of Municipal Court Judge Cheney, Bobby Williams be appointed as an Alternate Munici- pal Court Judge. 228 Councilmember Frank stated Council might still need to look outside the City and appoint another alternate as Court is now being held two days a week. It was noted that Judge Simmons has asked for some time off. Councilmember Miller noted that he appreciated Judge Cheney's recommendation but asked that others be looked at in the future. Motion passed 4 to 1, with Councilmember Miller voting no. APPOINTMENT OF ONE MEMBER TO THE ANIMAL CONTROL BOARD Mayor Coppinger informed this item would be passed to a future agenda. RESOLUTION NO. R93-8, RESOLUTION CHANGING THE SECOND REGULAR MEETING DATE IN MARCH, 1993, DUE TO BRAZORIA COUNTY DAYS AT THE LEGISLATURE Resolution No. R93-8 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Colson, that Resolution No. R93-8 be passed and approved with March 29, as recommended by City Manager Grohman, named as the date for the second Council meeting in March. Council discussed travel dates for this event. It was noted that the resolution, as read, was incorrect in that the meeting date in question was listed as the second Monday rather than the fourth Monday and the motion was subject to this correction. The City Secretary was instructed to correct this resolution accordingly. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R93-91 AUTHORIZING STOP SIGN AT LAURA LANE AT MISTY LANE Resolution No. R93-9 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Colson, that Resolution No. R93-9 be passed and approved on its first and only reading. Said Resolution No. R93-9 reads in caption as follows: RESOLUTION NO. R93-9 A RESOLUTION AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT AND ERECTION OF A CERTAIN STOP SIGN WITHIN THE CITY OF PEARLAND, UPON LAURA LANE AT ITS INTERSEC- TION WITH MISTY LANE. Councilmember Weber noted that this stop sign was a result of a call by a citizen to him and that there were some other sites requested but not shown on this document. Chief of Police Mike Hogg indicated they would be forthcoming, as time provided. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. ACCEPTANCE OF OAKBROOK SUBDIVISION, SECTION TWO, BENTON/BLAND INTERESTS, INC., DEVELOPER City Engineer John Hargrove stated he was lacking a letter of approval from Brazoria County Drainage District No. 4. Lacking that letter, Mr. Hargrove asked that this item be passed over tonight. Brazoria County Drainage District Representative J. R. Nail spoke briefly stating the problem had to do with a detention pond. There followed a discussion among the developers and Council r - regarding the maintenance of detention ponds. It was moved by Councilmember Weber, seconded by Councilmember Frank, that this item be passed over per the recommendation of the City Engineer. Motion passed 5 to 0. ACCEPTANCE OF BRIARWOOD ESTATES, PROPERTY INVESTORS, LTD., DE- VELOPER Again, City Engineer Hargrove addressed Council stating all was in order for this subdivision except the letter of approval from Brazoria County Drainage District. Mr. Nail of the Drainage District indicated the outpouring of the pipe which goes into Mary's Creek is the cause of delay on this subdivision. Slope paving will also need to be done around this area. When those two items are done, a letter of approval will be sent. It was moved by Councilmember Smith, seconded by Councilmember Weber, that this item be passed over per the recommendation of the City Engineer. Motion passed 5 to 0. OTHER BUSINESS: None ADJOURNMENT The meeting adjourned at 8:57 P. M. Minutes approved as submitted and/or corrected this day of 2� , A. D., 1993. C. V. Copp' g r, Mayo ATTEST: Pat Jones, 90ySecretary