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1993-03-29 CITY COUNCIL REGULAR MEETING MINUTESat MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 29, 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 Manager City Attorney City Secretary D. A. Miller Benny Frank Joy Colson David Smith Paul Grohman Lester Rorick Pat Jones Others in attendance were Division Director Richard Burdine, Police Chief Mike Hogg, and City Engineer John Hargrove. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Weber. The Pledge of Allegiance was led by Councilmember Miller. APPROVAL OF MINUTES It was moved by Councilmember Frank, seconded by Councilmember Colson, that the minutes of the regular meeting of March 8, 1993, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger proclaimed the month of April as "Child Abuse Prevention Month." Councilmember Smith introduced his sister, Mrs. Joy Miller, who accepted the proclamation and spoke about the need to prevent child abuse. Mayor Coppinger issued a proclamation to the Chamber of Commerce for its donation of $1,000 for next year's Centennial celebra- tion. Councilmember Colson, liaison to the Centennial committee, read the proclamation which was accepted by Ms. Billye Arcemant of the Chamber. Mayor Coppinger called attention to several activities planned by Clean Pearland and urged the community's participation. Mayor Coppinger commended Staff and Health Director John Hobson for their efforts in keeping us updated on the Brio site. Mayor Coppinger commented on the trip to Austin to represent Pearland in Brazoria County Days at the Legislature which was observed March 22 and 23. The Little League Parade was a huge success, Mayor Coppinger reported, and thanked all who worked for and supported this event. Closing his remarks, Mayor Coppinger welcomed several government students from San Jacinto College. COUNCIL ACTIVITY REPORTS Councilmember Miller reported he presided at the monthly meeting of the Brazoria County Cities Association hosted by the City of wo Richwood on March 17. Mr. Miller commented on the trip to Austin and the expenditures of State government. Closing his remarks, Councilmember Miller reported his attendance at the March 24 meeting of the Parks Board which has been working on proposed fee and policy schedules and the City's annual Easter egg hunt. Councilmember Frank reported he, too, attended the activities in Austin, as well as the Brazoria County Cities Association meet- ing. Councilmember Weber reported his attendance in Austin also. Councilmember Colson reported her attendance in Austin also and noted the light at FM 518 and Sunset Meadows is in place. Councilmember Smith reported on the progress of the Clear Creek Watershed Steering Committee. The studies are now complete and our City Engineer, John Hargrove, will make the first presenta- tion at the next meeting of the Clear Creek Committee on April 14 in our Council chambers. Councilmember Smith, as Emergency Management Coordinator, report- ed there will be a meeting in April to prepare for May's five day simulation of "Hurricane Polly." This event will begin May 5 and will involve state and federal agencies along the coast, allowing entities to engage in an exercise that will help prepare them in the event of an actual hurricane. Again, Councilmember Smith urged the Council and Staff to consid- er the FEMA maps which he had mentioned at the last Council meeting as not being in the best interest of the City or its citizens. Closing his report, Councilmember Smith asked that the following items be considered on the next agenda: 1) the sign ordinance; 2) the reestablishment of impact fees; and 3) resolution of a prob- lem with Mr. John Massey. With regard to the situation with Mr. Massey, Mayor Coppinger advised it is believed Council action is not necessary and that City Manager Grohman will take care of this matter. CITY MANAGER'S REPORT City Manager Grohman reported the State should let its bid for the widening of FM 518 in June. The paving project with the County is going well with some water and sewer lines being re- placed, as necessary, especially in the old townsite. Things, in general, are going well, Mr. Grohman reported. Closing his report, City Manager Grohman touched on the issue concerning Mr. Massey which involves sewer service and explained the need for impact fees which are "user" based. CITIZENS 1. Glenn Stanford, 5306 Apple Springs. Mr. Stanford spoke about the firing of an Actions employee and stated he felt Councilmember Frank's involvement contributed to her being unfairly fired. Mr. Stanford also spoke about the overall management of the senior citizens' groups and asked that Council look at this. 2 Joe Lockridge, 2713 S. Pinehill. Mr. Lockridge stated he hoped for better funding for the seniors and a more united group. Mr. Lockridge stated their group had been told the playing of bingo was illegal and questioned this. Mayor Coppinger called upon Mr. Elmer Morrison who was present in the audience. Councilmember Frank requested Mayor Coppinger to obtain the permission of Council if he wished Mr. Morrison to speak. Coun- CONTINUED FROM VOLUME 19 cil gave its concurrence. Mr. Morrison introduced others in the audience with him. City Manager Grohman suggested that Mr. Morrison come to the microphone. Mr. Morrison, 5309 Woodville, stated his regret at the firing of the individual. Mayor Coppinger informed he has asked the City Manager to prepare an organizational chart showing the chain of command and to clarify the position of the Council liaison to this group. Councilmember Frank responded to Mayor Coppinger that he had spoken with the employee's supervisor in January and that she was fired at a much later date. Mr. Frank stated that he had not given anyone any instructions at the facility used by the sen- iors. Councilmember Frank closed his remarks by stating the Council is checking into funding for the seniors after learning about its availability on the recent observation trip to other cities. Councilmember Miller, liaison to the Parks Board, agreed to the need for an organizational chart with all those involved, includ- ing the Parks Board, shown on the chart. 3. C. D. Anderson, 3215 Jacquelyn. Mr. Anderson spoke about area traffic problems such as the intersection of Barry Rose, Walnut and FM 518. Mayor Coppinger replied many people have been looking at this situation. City Manager Grohman discussed some ideas that are being looked at by the Staff, along with the Plan- ning and Zoning Commission, to alleviate area congestion. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: None NEW BUSINESS APPROVAL OF PRELIMINARY OFFICIAL STATEMENT AS PRESENTED BY FRANK ILDEBRANDO OF RAUSCHER PIERCE REFNES, INC. FOR REFINANCING A PORTION OF OUTSTANDING DEBT Mr. Ildebrando discussed the schedule with Council which requires Council's approval to market the bonds. The material presented tonight, Mr. Ildebrando informed, has been reviewed by both the City's bond counsel and City Staff. A special meeting will be held on April 8 for the next required action by Council to carry out this procedure. It was moved by Councilmember Smith, seconded by Councilmember Weber, that the Preliminary Official Statement be approved as presented for the refinancing of a portion of the outstanding debt of the City. Motion passed 5 to 0. R93-15, RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE CONTRACT BY AND BETWEEN CITIES OF PEARLAND AND FRIENDSWOOD FOR WATER AND SEWER SERVICE Resolution No. R93-15 was read in caption by Mayor Coppinger. City Manager Grohman explained the contents of this annual agree- ment and recommended approval of the agreement. It was moved by Councilmember Weber, seconded by Councilmember Colson, that Resolution No. R93-15 be passed and approved on its first and only reading. 0 2 Said Resolution No. R93-15 reads in caption as follows: RESOLUTION NO. R93-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AND AGREEMENT BY AND BETWEEN THE CITY OF PEARLAND AND THE CITY OF FRIENDSWOOD FOR THE PROVISION OF WATER AND SEWER SERVICE. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. DISCUSSION OF FM 518 Councilmember Frank, who had asked that this item be placed on the agenda, recalled the history of some of the widening projects done by the State, noting that the City of Pearland was not allowed esplanades when the first portion of FM 518 was done and yet, a project in Friendswood, also done by the State, at a later date, allowed these green areas. The recent data -gathering trip to other cities, Mr. Frank continued, showed many green belt areas which made the appearance of the cities more appealing. Councilmember Frank urged that we try again to approach the State for some green areas, noting that if we don't start now, we will have a strip of concrete all the way to Highway 288. There followed a lengthy discussion regarding this topic. Numer- ous areas of concern were discussed, among them possible delay of the widening project and additional costs to be incurred by the City if green areas are allowed. After much discussion, it was moved by Councilmember Smith that the Mayor and the City Manager be instructed to go to the Highway District office and request esplanades, but if this results in a u delay or if costs amount to more than $100,000, then the project is to go ahead as currently proposed. Councilmember Frank indicated he would second the motion for purposes of discussion. There followed more discussion with regarding placement of the green areas in other places rather than down the middle of the street, possibly adding the esplanades on top of the street -'at a later date, and ways to amend the motion on the table to make it more agreeable to everyone. Councilmember Smith amended his motion to omit the stipulation of the costs of $100,000 and Councilmember Frank, who had seconded the motion, agreed to this. Motion passed 4 to 1, with Councilmember Weber voting no. MEETING RECESSED AT 8:55 P. M. MEETING RECONVENED AT 9:08 P. M. PRESENTATION BY STAFF REGARDING AN IMAGED DATABASE SYSTEM ("GIS") City Manager Grohman explained this is City Engineer John Har - grove's project and that Mr. Hargrove has been working closely with William Bavinger, a consultant and grant writer for Rice University. The City could benefit greatly and receive a lot of information by entering into this pilot program. The only down- side, Mr. Grohman stated, would be the amount of time Mr. Har- grove will need to spend on the project. There followed a lengthy discussion about this project. It was noted that Rice University is currently working with Johnson Space Center in developing photographic imagery from satellites in space. Costs and grants were discussed as well as the manpow- er, software and hardware needed to develop this database. Mr. Hargrove related to Council the many benefits this program would provide to the City. RESOLUTION NO. R93-16, RESOLUTION SUPPORTING DEVELOPMENT OF AN IMAGED DATABASE SYSTEM ("GIS") IN ASSOCIATION WILLIAM BAVINGER AND RICE UNIVERSITY Resolution No. R93-16 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Frank, that Resolution No. R93-16 be passed and approved on its first and only reading. Said Resolution No. R93-16 reads in caption as follows: RESOLUTION NO. R93-16 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, SUPPORTING DEVELOPMENT OF AN IMAGED DATABASE SYSTEM ("GIS") IN ASSOCIATION WITH WILLIAM BAVINGER AND RICE UNIVERSITY. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION TO PURCHASE DUMP TRUCKS FROM BRAZORIA COUNTY DRAIN- AGE DISTRICT NO. 4 City Manager Grohman recommended purchase of these vehicles from the Drainage District, stating they can readily be used by the City in various projects such as our current paving program as j well as the coming FM 518 widening. It was moved by Councilmember Colson, seconded by Councilmember Weber, that the City Manager be authorized to purchased two dump trucks from Brazoria County Drainage District No. 4 in the amount of $25,020.00. Motion passed 5 to 0. ORDINANCE NO. 258-3, AMENDING THE CODE OF ORDINANCES AT CHAPTER 7, BY ADOPTING THE 1991 EDITION OF THE SOUTHERN STANDARD MECHANI- CAL CODE Ordinance No. 258-3 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Colson, that Ordinance No. 258-3 be passed and approved on its first reading.' Said Ordinance No. 258-3 reads in caption as follows: ORDINANCE NO. 258-3 AN ORDINANCE AMENDING CHAPTER 7, ARTICLE III., SECTION 7-51 AND SECTION 7-51.1., SUBSECTION (B) OF THE CITY CODE OF ORDINANCES, BY ADOPTING THE SOUTHERN STANDARD MECHANICAL CODE, 1991 EDITION, AND MAKING CERTAIN AMENDMENTS, MODIFICATIONS, ADDITIONS, AND DELETIONS THERETO; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 518-2, AMENDING THE CODE OF ORDINANCES AT CHAPTER 23 BY ADOPTING THE 1991 EDITION OF THE SOUTHERN STANDARD GAS CODE Ordinance No. 518-2 was read in caption by Councilmember Colson. It was moved by Councilmember Colson, seconded by Councilmember Weber, that Ordinance No. 518-2 be passed and approved on its first reading. i Said Ordinance No. 518-2 reads in caption as follows: ORDINANCE NO. 518-2 AN ORDINANCE AMENDING CHAPTER 23, ARTICLE VI., SECTION 23-161 AND SECTION 23-161.1., SUBSECTION (B) OF THE CITY CODE OF ORDINANCES, BY ADOPTING THE SOUTHERN STANDARD GAS CODE, 1991 EDITION, AND MAKING CERTAIN AMENDMENTS, MODIFICATIONS, ADDITIONS AND DELETIONS THERETO; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. ADOPTION OF CHARGES FOR ELECTRICAL PERMIT FEES AND LICENSE FEES AS PROPOSED BY THE ELECTRICAL BOARD Division Director Richard Burdine discussed the proposed fee schedules as proposed by the Electrical Board. Some of these renewal fees are proposed to be for a two year renewal cycle rather than a one year, Mr. Burdine pointed out, and recommended approval. Council discussed the amount of increases, other cities' rates, date of last adjustment to the fees, and questioned whether the need for these increases. Staff urged the return to the "user" system. After more discussion, it was moved by Councilmember Weber, seconded by Councilmember Colson, that these charges, as proposed by the Electrical Board, be adopted. Motion passed 4 to 1, with Councilmember Miller voting no. ORDINANCE NO. 110-F, AMENDING THE CODE OF ORDINANCES AT CHAPTER 9 BY ADOPTING THE 1993 EDITION OF THE NATIONAL ELECTRICAL CODE Ordinance No. 110-F was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Frank, that Ordinance No. 110-F be passed and approved on its first reading. Said Ordinance No. 110-F reads in caption as follows: ORDINANCE NO. 110-F AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF ORDI- NANCES, SECTION 9-34, SUBSECTION (E); SECTIONS 9-39, 9- 781 9-79, AND 9-80; SECTION 9-105, SUBSECTION (A); SECTION 9-106; SECTION 9-153, 1993 EDITION OF THE RULES AND REGULATIONS OF THE NATIONAL FIRE PROTECTION ASSOCI- ATION (NATIONAL ELECTRICAL CODE), SUBSECTIONS (A) AND (B); SECTION 9-157, SUBSECTION (E); SECTION 9-159, SUBSECTIONS (C), (E), (H), AND (I); AND ADDING SECTION 9-162; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICA- TION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 520-1, AMENDING THE CODE OF ORDINANCES AT CHAPTER 7 BY ADOPTING THE 1991 EDITION OF THE STANDARD SWIMMING POOL CODE Ordinance No. 520-1 was read in caption by Councilmember Frank. It was moved by Councilmember Frank, seconded by Councilmember Colson, that Ordinance No. 520-1 be passed and approved on its first reading. Said Ordinance No. 520-1 reads in caption as follows: ORDINANCE NO. 520-1 AN ORDINANCE AMENDING CHAPTER 7, ARTICLE II -1/2, SEC- TION 7-26 OF THE CITY CODE OF ORDINANCES, BY ADOPTING THE STANDARD SWIMMING POOL CODE, 1991 EDITION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE 521-1, AMENDING THE CODE OF ORDINANCES AT CHAPTER 7 BY ADOPTING THE 1991 EDITION OF THE STANDARD HOUSING CODE Ordinance No. 521-1 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Colson, that Ordinance No. 521-1 be passed and approved on its first reading. Said Ordinance No. 521-1 reads in caption as follows: ORDINANCE NO. 521-1 AN ORDINANCE AMENDING CHAPTER 7, ARTICLE II -3/4, SEC- TION 7-31 AND SECTION 7-31.1., SUBSECTIONS (C), (D), (E), (F), (G), (H) AND (I), OF THE CITY CODE OF ORDI- NANCES, BY ADOPTING THE STANDARD HOUSING CODE, 1991 EDITION, AND MAKING CERTAIN AMENDMENTS, MODIFICATIONS, ADDITIONS AND DELETIONS THERETO; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFI- CATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 551-1, AMENDING THE CODE OF ORDINANCES AT CHAPTER 23 BY ADOPTING THE 1991 EDITION OF THE SOUTHERN STANDARD PLUMBING CODE Ordinance No. 551-1 was read in caption by Councilmember Colson. 6 It was moved by Councilmember Colson, seconded by Councilmember Smith, that Ordinance No. 551-1 be passed and approved on its first reading. It was noted the 1991 edition is to be adopted by this ordinance and that the agenda reflected a typographical error, indicating the 1993 edition. Said Ordinance No. 551-1 reads in caption as follows: ORDINANCE NO. 551-1 AN ORDINANCE AMENDING CHAPTER 23, ARTICLE I., SECTION 23-1 OF THE CITY CODE OF ORDINANCES, BY ADOPTING THE SOUTHERN STANDARD PLUMBING CODE, 1991 EDITION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 224-10, AMENDING THE CODE OF ORDINANCES AT CHAPTER 7 BY ADOPTING THE 1991 EDITION OF THE STANDARD BUILDING CODE City Attorney Rorick advised that the City Secretary has request- ed this ordinance be read in caption from the copy of the docu- ment in the agenda packet rather than the agenda itself which is in error. Ordinance No. 224-10 was read in caption by Councilmember Smith. It was moved by Councilmember Smith that Ordinance No. 224-10 be passed and approved on its first reading. Said Ordinance No. 224-10 reads in caption as follows: ORDINANCE NO. 224-10 AN ORDINANCE AMENDING CHAPTER 7, ARTICLE II., SECTION 7-13.1, SUBSECTIONS (A) AND (F), BY ADOPTING THE STAND- ARD BUILDING CODE, 1991 EDITION, AND MAKING CERTAIN AMENDMENTS, MODIFICATIONS, ADDITIONS AND DELETIONS THERETO; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Councilmember Frank indicated he would second the motion for purposes of discussion. Council discussed the fees to be charged, time of last revision, and comparison with other cities, rates. Staff stated that this fee falls under the category of "user" charges which the Staff feels the City needs to return to. City Manager Grohman used the example that a builder would rather pay a higher fee, thereby ensuring the City of an adequate staff, rather than waiting at the job site for several hours for an inspector while his crew remains idle. Voting "Aye" - Councilmembers Smith, Colson, and Weber. Voting "No" - Councilmembers Frank and Miller. Motion passed 3 to 2. OTHER BUSINESS: None ADJOURNMENT The meeting adjourned at 9:55 P. M. Minutes approved as presented and/or corrected this / day of '� , A. D., 1993. WfRW .- ATTEST: r— Pat Jones, 1ty Secretary u