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1991-08-26 CITY COUNCIL REGULAR MEETING MINUTES170 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON AUGUST 26, 1991, 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 Administrative Assistant City Attorney C. V. Coppinger D. A. Miller Benny Frank Randy Weber Joy Colson William Wolff James DeShazer Glen Erwin Lester Rorick Special Counsel Mark Breeding City Secretary Pat Jones INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Mayor Coppinger. The Pledge of Allegiance was led by Councilmember Colson. APPROVAL OF MINUTES It was moved by Councilmember Colson, seconded by Councilmember Wolff, that the Minutes of the Regular Meeting of August 12, 1991, be ap- proved as submitted. Motion passed 5 to 0. It was moved by Councilmember Frank, seconded by Councilmember Wolff, that the Minutes of the Special Meeting of August 19, 1991, be ap- proved as submitted. Motion passed 5 to 0. It was moved by Councilmember Wolff, seconded by Councilmember Colson, that the Minutes of the Public Hearing on the 91-92 Budget held on August 22, 1991, be approved as submitted. Motion passed 5 to 0. COUNCIL ACTIVITY REPORTS Councilmember Wolff reported he attended the bid opening at the Drain- age District for the pipe needed to do the work along Orange Street to alleviate drainage problems in and around the Willowcrest area. Delivery of the pipe should take place in approximately ten days. Councilmember Colson reported the progress of the citizen survey form currently being sent out in the water bills. The west side of the City is now complete with a 44% participation. All comments received were prepared for the Council to read and Mrs. Colson encouraged the rest of the City to take part in this assessment of the City's needs. In closing, Councilmember Colson reported she had received citizen, inquiries into the traffic at the high school, the condition of Woody Road, the signal light at John Lizer, and the Brio site. Mrs. Colson assured the interested parties that she would check into these con- cerns. Councilictember Miller reported his invitation to and attendance at the --a Green Tee Homeowner's Association meeting on August 13th. On Aug st 1 15th, Mr. Miller took part in a presentation by the Ladies Auxiliary at the VFW Hall. Councilmember Miller attended a Chamber of Commerce breakfast on August 23th. Mr. Miller attended the ceremony for Gene Moeller who received his Eagle Scout Award on August 25th. Council - member Miller reported his attendance at the budget workshop of August 14th, the special meeting of August 19th, and the public hearing on the budget of August 22nd. Councilmember Frank reported he, too, had received various calls from citizens regarding concerns which need to be addressed. Mr. Frank reported his attendance at the Brazoria County Cities Association on August 21st. Councilmember Weber conveyed that he also had received a number of citizen queries, and mentioned specifically the Brio plant. Mr. Weber reported he had monitored'the traffic situation on the first day of classes at the new high school and encouraged the City Manager to follow up on the request by the City to the State Highway Department for a resolution to this problem. DEPARTMENTAL REPORTS City Manager DeShazer reported that he and Barry Lastik, Parks Super- visor, attended a meeting with Houston -Galveston Area Council on August 13th where they received a favorable recommendation from the Council on the City's request for a grant from the Parks and Wildlife Department for the McLean Road Park. Mr. DeShazer stated he had other items which would be addressed as the meeting progressed. MAYOR'S ACTIVITY REPORT Mayor Coppinger reported the United Way Campaign begins in the commu- nity on September 6th and encouraged the City employees to partici- pate. Mayor Coppinger reported on a meeting of the Emergency Manage- ment group on August 21st and informed the citizens the City is get- ting prepared for any emergency. Mayor Coppinger referred to a letter from Leroy Savoie, Vice -Chairman of the Planning and Zoning Commis- sion, wherein he submitted his resignation due to a job relocation. Mr. Savoie was commended for his work with the City. Mayor Coppinger confirmed that the City has received an $80,000 grant from the EPA with the City's matching funds being approximately $4,000. "American Business Women's Day" was proclaimed by Mayor Coppinger and Ms. Monica Noel accepted this proclamation on behalf of her organiza- tion. CITIZENS 1. Marsha Ebeling, 5404 Groveton. Ms. Ebeling announced that she wished to relinquish her time to Ben Best. Mr. Best compared solutions being taken to the drainage concerns in Willowcrest and Corrigan subdivisions. 2. Jim Smythe, Golfcrest Country Club. Mr. Smythe, President of Golfcrest Country Club, spoke in favor of the rezoning along the 2700 block of Country Club Drive. 3. Evelyn Brennan, 306 Charleston, Friendswood. Ms. Brennan spoke in favor of the rezoning along the 2700 block of Country Club Drive. 4. Jim Hodges, Pearland Police Department. Mr. Hodges spoke concerning the "on-call" issue. 5. Barbara Bamburg, 2824 Country Club Drive. Ms. Bamburg spoke against the rezoning along the 2700 block of Country Club Drive. 6. Winnie Stearns, 2304 Country Club Drive. Ms. Stearns spoke against the rezoning along the 2700 block of Country Club Drive. 172 DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 509-26, AMENDING ORDINANCE NO. 509, PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT IN AN R-2 ZONING DISTRICT AND PRO- VIDING A PENALTY FOR VIOLATION THEREOF Ordinance No. 509-26 was read in caption by Councilmember Weber. (Second and final reading) It was moved by Councilmember Weber, seconded by Councilmember Wolff, that Ordinance No. 509-26 be passed and approved on its second and ,.., final reading. Said Ordinance No. 509-26 reads in caption as follows: ORDINANCE NO. 509-26 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE; PROVIDING FOR THE GRANTING OF A SPECIFIC USE PERMIT FOR AGRICULTURAL ANIMAL HUSBANDRY IN AN R-2, RESIDENTIAL, ZONING DISTRICT; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Wolff, Colson, Miller, Frank, and Weber. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 450-8, AMENDING ORDINANCE 450-7, FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING A PAY CLASSIFICATION PLAN FOR CIVIL SERVICE EMPLOYEES Ordinance No. 450-8 was read in caption by Councilmember Miller. (Second and final reading) It was moved by Councilmember Miller, seconded by Councilmember Col- son, that Ordinance No. 450-8 be passed and approved on its second and final reading. Said Ordinance No. 450-8 reads in caption as follows: ORDINANCE NO. 450-8 AN ORDINANCE AMENDING ORDINANCE NO. 450-7 OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING A PAY CLASSIFICATION PLAN FOR THE CIVIL SERVICE EMPLOYEES; PROVIDING A SAVINGS CLAUSE, A SEVER- ABILITY CLAUSE, A REPEALING CLAUSE, AN EFFECTIVE DATE OF JANUARY 28, 1991, AND CONTAINING OTHER PROVISIONS RELATING THERETO. Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson, and Wolff. Voting "No" - None. Motion passed 5 to 0. Qpai:0,16 llt *R-1 COUNCIL DECISION ON APPLICATION NO. 23, REQUEST OF JIM SMYTHE, AGENT FOR GOLFCREST COUNTRY CLUB, OWNER, FOR AN AMENDMENT TO THE LAND USE AND URBAN DEVELOPMENT ORDINANCE FROM CLASSIFICATION R-1 TO R-3, PUD, ON PROPERTY LOCATED IN THE 2700 BLOCK OF COUNTRY CLUB DRIVE Mayor Coppinger stated, for the record, that this item had been placed under New Business rather than Unfinished Business on the agenda at the discretion of the City Attorney and that, upon the advice of the ,r 4 173 City Attorney, a simple majority vote would be required for its approval or denial rather than a 4 to 1 vote as had been previously thought by some. Mayor Coppinger assured those in the audience that, while this issue had generated much debate, the City Council, as elected representa- tives of the people, would do their best to resolve this matter. Councilmember Frank read the caption from the letter submitted by the Planning and Zoning Commission on July 30, 1991. It was moved by Councilmember Frank, seconded by Councilmember Colson, that this application be approved. In Council discussion, the question was raised whether this land was advertised for public sale. Mr. Smythe of Golfcrest Country Club stated the sale of this land was public knowledge. Upon call for the question, the Council voted as follows: Voting "Aye" - Councilmembers Weber, Frank, and Colson. Voting "No" - Councilmembers Miller and Wolff. Motion passed 3 to 2. MEETING RECESSED AT 8:31 P. M. MEETING RECONVENED AT 8:46 P. M. Mayor Coppinger announced that Councilmember Wolff had left the Coun- cil Chambers due to illness. APPROVAL OF PARADE ROUTE FOR PEARLAND JAYCEES FOUNDERS DAY PARADE Councilmember Colson read from a memo submitted by Police Chief Mike Hogg explaining the parade route. It was moved by Councilmember Colson, seconded by Councilmember Mill- er, that the route for the Founders Day Parade be approved. Motion passed 4 to 0. APPROVAL FOR WRITTEN CONSENT TO HILL SAND COMPANY TO OPERATE A TYPE IV LANDFILL WITHIN THE CITY OF PEARLAND'S EXTRATERRITORIAL JURISDICTION Special Counsel Mark Breeding informed the Council of the history of this matter which involves federal litigation case, Hill Sand Company vs. the City of Pearland. In January of 1990, Hill Sand Company filed suit against the City of Pearland in federal court seeking to invali- date Ordinance No. 215 which requires written permission for the City to grant any landfill company permission to operate a landfill within its extraterritorial jurisdiction. At that time, a preliminary in- junction hearing was held before Federal Judge Norman Black in which he ruled the Ordinance did not provide the applicant nor the City of Pearland adequate standards to determine whether to grant or to deny such a request. Because of the lack of standards, the Court held that it would be violative of procedural and substantive due process to require the plaintiff to apply for a permit. Subsequent to that time, motions for summary judgment in behalf of the City were before the Court which were argued that before the Court reached the constitu- tionality of Ordinance No. 215, the applicant should be required to at least request written consent from the City. The Court saw fit to grant this motion and ordered Hill Sand Company to request permission under Ordinance No. 215 prior to ruling on the constitutionality of this ordinance. Mr. Breeding stated it was his opinion that the Court will, if this request is denied, find this ordinance to be unconstitu- tional and will allow the landfill to remain in its place. Mr. Breed- ing advised the Council to grant this consent or the ordinance will be held unconstitutional and there will be a much greater likelihood of the award of attorney's fees against the City. In Council discussion, question was raised whether a public hearing 174 was required. Mr. Breeding responded that Ordinance No. 215 does not call for a public hearing. Because the landfill lies in the extrater- ritorial jurisdiction and not within the City itself, it comes under the jurisdiction of Ordinance No. 215 rather than Land Use and Urban Development Ordinance No. 509. It was moved by Councilmember Weber, seconded by Councilmember Colson, that approval be given for written consent to Hill Sand Company to operate a Type IV landfill within the City of Pearland's extraterrito- rial jurisdiction. Voting "Aye" - Councilmembers Weber, Frank, and Colson. Voting "No" - Councilmember Miller. Motion passed 3 to 1. ORDINANCE NO. 617, ORDINANCE LEVYING TAXES FOR THE TAXABLE YEAR 1991 Ordinance No. 617 was read in caption by Councilmember Colson. (First Reading) It was moved by Councilmember Colson, seconded by Councilmember Weber, that Ordinance No. 617 be passed and approved on its first reading. Said Ordinance No. 617 reads in caption as follows: NO. 617 AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1991, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. Voting "Aye" - Councilmembers Weber, Frank, Miller, and Colson. Voting "No" - None. Motion passed 4 to 0. ORDINANCE NO. 618, ORDINANCE ADOPTING A BUDGET>FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1991, AND ENDING SEPTEMBER 30, 1992 Ordinance No. 618 was read in caption by Councilmember Frank. (First Reading) It was moved by Councilmember Frank, seconded by Councilmember Miller, that Ordinance No. 618 be passed and approved on its first reading. Said Ordinance No. 618 reads in caption as follows: ORDINANCE NO. 618 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1991, AND ENDING SEPTEMBER 30, 1992. Voting "Aye" - Councilmembers Colson, Miller, Frank, and Weber. Voting "No" - None. Motion passed 4 to 0. ORDINANCE 619, ORDINANCE ESTABLISHING SPEED LIMITS IN SCHOOL ZONES (LIBERTY DRIVE AND YOST ROAD), PROVIDING A PENALTY FOR VIOLATION; AND DECLARING AN EMERGENCY TO THE LIFE, HEALTH, PROPERTY AND PUBLIC SAFETY OF THE CITIZENRY Ordinance No. 619 was read in caption by Councilmember Miller. (First and Only Reading) It was moved by Councilmember Miller, seconded by Councilmember Frank, that Ordinance No. 619 be passed and approved on its first and only s reading. Ordinance No. 619 reads in caption as follows: ORDINANCE NO. 619 AN ORDINANCE ESTABLISHING PRIMA FACIE SPEED LIMITS PURSUANT TO ARTICLE 6701D, VERNON'S TEXAS CIVIL STAT- UTES, UPON THE BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, UPON CERTAIN STREETS AND HIGHWAYS, OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, AS SET OUT IN THIS ORDINANCE; PROVIDING A PENALTY FOR VIOLATION; A SEVERABILITY CLAUSE; A REPEAL- ER CLAUSE; PROVIDING FOR CODIFICATION; A SAVINGS CLAUSE, AND AN EFFECTIVE DATE; AND DECLARING AN EMER- GENCY AS THE NECESSITY OF HAVING CORRECT SCHOOL ZONES IN PLACE AS NEAR AS PRACTICABLE TO THE BEGINNING OF CLASSES CONSTITUTES AN IMMEDIATE EMERGENCY TO THE LIFE, HEALTH, PROPERTY, AND PUBLIC SAFETY OF THE CITIZENRY. Voting "Aye" - Councilmembers Weber, Frank, Miller, and Colson. Voting "No" - None. Motion passed 4 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:58 P. M. UNDER TEXAS RE- VISED CIVIL STATUTES, ARTICLE 6252-17, SECTION 2 Mayor Coppinger read from the posted agenda the following topics to be discussed in Executive Session this evening: UNDER SUBSECTION (g) PERSONNEL - 1) Job Evaluation of City Manager per Council Decision and Action on August 12, 1991; 2) Discussion of .-. Appointment of Member to the Building Code Board of Adjustments and Appeals for a Four Year Term; and 3) Discussion of Appointment of Member to the Gas and Plumbing Code Board of Adjustments and Appeals for a Four Year Term. MEETING RETURNED TO OPEN SESSION AT 10:00 P. M. - NO ACTION TAKEN UNDER EXECUTIVE SESSION Mayor Coppinger signed a certification of those items discussed in Executive Session. ADJOURN The meeting adjourned at 10:01 P. M. Mi tes proved as submitted and/or corrected this day of A. D., 1991. Mayor ATTEST: City Secret 20