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1991-11-25 CITY COUNCIL REGULAR MEETING MINUTES220 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEAR - LAND, TEXAS, HELD ON NOVEMBER 25, 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 City Attorney City Secretary C. V. Coppinger D. A. Miller Benny Frank Randy Weber "'l+ Joy Colson William Wolff James DeShazer Lester Rorick Pat Jones Administrative Assistant Glen Erwin was absent from the meeting. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Weber. The Pledge of Alle- giance was led by Councilmember Wolff. APPROVAL OF MINUTES It was moved by Councilmember Colson, seconded by Councilmember Mill- er, that the minutes of the Regular Meeting of November 4, 1991, be approved as presented. Motion passed 4 to 0, with Councilmember Frank abstaining. It was moved by Councilmember Wolff, seconded by Councilmember Colson, that the minutes of the Joint Public Hearing of November 18, 1991, be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Miller, seconded by Councilmember Frank, that the minutes of the Special Meeting of November 18, 1991, be approved as presented. Motion passed 5 to 0. COUNCIL ACTIVITY REPORTS Councilmember Wolff reported on the meeting he and Councilmember Frank had with the Pearland Independent School District's Board of Trustees to discuss roads in and around school sites. Mr. Wolff asked Coun- cil's concurrence that he and Councilmember Wolff be allowed to meet with a three-member committee from the school at a time convenient for all where these suggestions could be discussed in more detail. Councilmember Wolff also reported his attendance at the Drainage District's meeting this morning. Mr. Wolff related that Mr. Hausman' was in attendance and informed that Mr. Hausman asked the Drainage District to expedite the pipe installment project along Barry Rose Road in front of his proposed apartment complex. Councilmember Wolff asked Council's concurrence that the City perform their part of this function earlier than the proposed Spring date if need be. In closing, Councilmember Wolff informed that he normally receives citizens on the second Saturday of the month at City Hall but he will not be available in December. 221 Councilmember Frank suggested that, as the Police Department had done a study of traffic in and around the school site, Lieutenant Bob Cuna be invited to attend these meetings also. Council gave its concurrence for Councilmembers Wolff and Frank, along with Lieutenant Cuna, to meet with a committee from the School District. Council gave its concurrence for the placement of the pipe along Barry Rose Road at the time needed. Councilmember Colson reported she had discussed with the City Manager traffic situations from two areas - lack of speed zone signs in Sunset Meadows and traffic in the Green Tee Subdivision. In closing, Mrs. Colson related she had again been questioned about the condition of Woody Road. Councilmember Miller reported his attendance at the Parks Board meet- ing on November 16th and at Brazoria County Cities Association on the 20th of November. Councilmembers Frank and Weber had nothing to report at this time. .. MAYOR'S ACTIVITY REPORT Mayor Coppinger reminded all of the City Tree Lighting before the Council meeting on December 9th. Mayor Coppinger informed the audi- ence that he and the City Staff had hosted 85 fourth graders from Shadycrest Elementary this morning in the Council Chambers and had explained the functions of various City Departments to them. In closing, Mayor Coppinger proclaimed Saturday, December 7, as "Pearl Harbor Remembrance Day." Local veterans of Post No. 7109 accepted this proclamation. DEPARTMENTAL REPORTS David Smith, Emergency Management Coordinator, gave the Council revi- sions to the Emergency Operations Plan and stated this update would bring us into compliance should the City, in the event of a disaster, need to ask for state or federal aid. Also, Mr. Smith discussed a ten point plan he has developed to mitigate the City's possible hazards. The last point on the plan, Mr. Smith stated, requested the combina- tion of the Department of Permits and Inspection with the Emergency Management Coordinator. Mr. Smith stated he felt if placed in this role he could be in a better position to pinpoint the City's hazards as he would know what was being built in the City. The Council questioned the method for adoption of this revised plan and it was their concurrence that the appropriate document be prepared by the City Attorney. CITIZENS 1. Frank Burgett, 2406 John. Mr. Burgett spoke against the proposed rezoning in the Longwood area. 2. Daniel Rucker, 1100 Nasa Road One, Houston. Mr. Rucker spoke in favor of the proposed rezoning in the Longwood area. NEW BUSINESS AUTHORIZATION TO BID CUSTOM PUMPER FOR FIRE DEPARTMENT Fire Chief Larry Steed asked Council to authorize the bidding process for this equipment requested in the current budget. City Manager Jim DeShazer informed this pumper is to be paid for over a two year budget and, as this custom equipment has an approximate nine month delivery date, part of the payment could be made out of the 92-93 budget. It was moved by Councilmember Wolff, seconded by Councilmember Colson, that authorization be given to bid a custom pumper for the Fire De- 222 partment with payment to be arranged over a two year fiscal period. Motion passed 5 to 0. COUNCIL DECISION ON APPLICATION NO. 24, DANIEL D. RUCKER, AGENT FOR RAMONA CRADDOCK ET AL AND GEORGE SLAUGHTER, JR., OWNERS, FOR AN AMEND- MENT TO THE LAND USE ORDINANCE FROM CLASSIFICATION R-1 TO R-2 ON PROPERTY LOCATED NEAR HAZELDALE AND LONGWOOD SUBDIVISIONS Mayor Coppinger read from a memo from City Manager DeShazer which stated that the petitions submitted in protest to this proposed rezon- ing constituted 26% of those property owners lying within 200' of the area proposed to be rezoned. In this event, Section 28.5 of the Land Use and Urban Development Ordinance requires a favorable vote of 3/4's of all members of the Council. Mayor Coppinger stated this change cannot be authorized except by the favorable vote of four out of the five Councilmembers present. -- Mayor Coppinger read the following letter from the Planning and Zoning Commission: November 5, 1991 Honorable Mayor and Councilmembers City Hall Pearland, Texas 77581 Re: Application No. 24, Request of Daniel D. Rucker, Agent for Ramona Craddock et al and George Slaughter, Jr., Owner, for an Amendment to the Land Use and Urban Development Ordi- nance from Classification R-1 to R-2 on a 39.8 Acre Tract located in Longwood Park. Gentlemen: The Planning and Zoning Commission, in a special meeting held on October 29, 1991, considered the above mentioned zoning request. Following a lengthy discussion regarding the proposed zone change, Helen Beckman moved that recommendation be made to Council that this application be denied. The motion failed for lack of a second. After more discussion, a motion was made by James Garner, seconded by Mary Starr, that recommendation be made to Council to approve Applica- tion No. 24. The Commission voted as follows: 2 ayes - James Garner, Mary Starr; 1 no - Helen Beckman; 1 abstention - Al Lentz; 2 non participants - Jack Womack and Emil Beltz. (Due to the recent ap- pointment of Mr. Womack and Mr. Beltz, Chairman Lentz stated they would not participate in the discussion or vote on this matter). Chairman Lentz informed the audience the motion had passed. (See Robert's Rules of Order attached). This is submitted for your consideration. Sincerely, /s/ Al Lentz, Chairman Planning & Zoning Commission AL/ls City Manager DeShazer commented that the area had been recalculated and it was actually 24% which still did not change the requirement for at least four favorable votes. It was moved by Councilmember Wolff, seconded by Councilmember Frank, that Application No. 24 be approved. 2.23 In discussion, Councilmember Frank commented he had seconded the motion so that discussion could take place and, while he would vote against the motion, he felt this type of growth was needed in the City. Upon call for the question, Council voted as follows: Voting "Aye" - Councilmember Wolff Voting "No" - Councilmembers Weber, Frank, Miller, and Colson. Motion failed 4 to 1. MEETING RECESSED AT 8:17 P. M. MEETING RECONVENED AT 8:34 P. M. COUNCIL DECISION ON APPLICATION NO. 26, REQUEST OF THOMAS P. AND JACk'' ALEXANDER, OWNERS, FOR AN AMENDMENT TO THE LAND USE ORDINANCE FROM CLASSIFICATION GB TO R-2 ON PROPERTY LOCATED IN THE 3300 BLOCK OF OLD ALVIN ROAD Councilmember Colson read the following letter from the Planning and Zoning Commission : November 19, 1991 Honorable Mayor and Councilmembers City Hall Pearland, Texas 77581 Re: Application No. 26, Request of Thomas P. and Jack Alexander, Owners, for an amendment to the Land Use and Urban Develop- ment Ordinance of Said City from Classification General Business to R-2, Single Family Dwelling District, located in the 3300 Block of Old Alvin Road. Gentlemen: The Planning and Zoning Commission, in a special meeting held on November 18, 1991, considered the above mentioned zoning request. It was moved by Mary Starr, seconded by Helen Beckman, that recommen- dation be made to Council to approve Application No. 26 as submitted. Motion passed 7 to 0. This is submitted for your consideration. Sincerely, /s/ Al Lentz, Chairman Planning & Zoning Commission AL/ls It was moved by Councilmember Colson, seconded by Councilmember Wolff, that Application No. 26 be approved. In seconding the motion, Councilmember Wolff requested the motion be amended to instruct the City Attorney to prepare the necessary ordi- nance to effect this change in zoning. The maker of the motion was agreeable to this amendment. Motion passed 5 to 0. 224 Mayor Coppinger recognized government students from the audience:. EXCUSED ABSENCE FOR COUNCILMEMBER BENNY FRANK FROM THE MEETIN% NOVEMBER 4, 1991 It was moved by Councilmember Colson, seconded by Councilmember Mill- er, that Councilmember Benny Frank be excused from the meeting of November 4, 1991. Upon call for the question, Council voted as follows: Voting "Aye" - Councilmembers Colson and Miller Voting "No" - Councilmembers Wolff and Weber. Abstaining - Councilmember Frank. Voting under the provisions of Section 3.01 (b) of the City Charter, Mayor Coppinger voted "Aye." Motion passed 3 to 2, with one abstention. REJECTION OF BID NO. B91-20 City Manager DeShazer referred this item to Fleet Manager Mike Joyce. Mr. Joyce informed that this bid had been tabled at the last meeting as it was thought better prices could be obtained through H -GAC. However, Mr. Joyce continued, he has learned the State will soon be awarding bids for police vehicles and Ford and Chevrolet will be offering a substantial savings on police package automobiles. Mr. Joyce recommended Council reject this bid with authorization given to re -bid. It was moved by Councilmember Weber, seconded by Councilmember Colson, that Bid No. B91-20 be rejected and authorization be given to rebid these vehicles. Motion passed 5 to 0. COUNCIL UPDATE ON MEETING WITH PEARLAND INDEPENDENT SCHOOL DISTRICT BOARD OF TRUST:F;ES REGARDING ROAD TO NEW HIGH SCHOOL Mayor Coppinger referred to the Council Activity Reports where this item had been discussed. City Manager DeShazer informed he had visit- ed with Pearland Schools Superintendent Jim Schleider who had request- ed the meeting be held after the holidays. COUNCIL DECISION Of ACCEPTANCE OF SETTLEMENT WITH MARTIN SMITH REGARD- ING FEES FOR SEWER SERVICE City Manager DeShaz=::r recalled that Mr. Martin Smith, owner of Brazo- ria Place Mobile Home Park, had spoken under Citizens at the last regular Council me,:::ting regarding the billing procedure for sewer service to his mobil: home park. At this meeting, Mr. Martin producer' documentation indicating he had only thirteen mobile homes hooked up to City sewer. Mr. DeShazer stated Staff had previously billed for 90% of twenty-six spaces at the mobile home park. An adjusted invoice was issued for the amount of $1,852.50. City Manager DeShazer contin-- ued that he had met vLth Mr. Smith last week and was given a check by him for this amount b►„t that the check had a release typed on the back as a condition of the endorsement. Mr. DeShazer stated he did not feel that he had the authority to accept this check with this release and asked for Council's guidance. There followed a lengthy discussion between Council, City Attorney Rorick, City Manager DeShazer, Ronny McWhirter, Superintendent of` Public Works, and Mr. Martin Smith who was present in the audience. City Attorney Rorick cautioned Council from accepting this broadly stated release which might preclude the collection of possible other, as yet undetermined, fees, permits or taxes owed to the City. It was moved by Councilmember Wolff, seconded by Councilmember Frank, 225 that this check in the amount of $1,852.50 be rejected unless the condition of release is removed from the back. Mr. Smith stated his objections to the adjusted amount of $1,852.50 asserting that he should have been charged for twelve months instead of nineteen months, and when asked by Council, indicated he would not remove the release from the endorsement. When asked by Council why this mobile home park was not billed until now, Mr. DeShazer stated the City had no record of and was not aware that the mobile home park was not being billed until both Mr. Smith and the City Staff gave testimony at a hearing before the Texas Water Commission on another matter. Upon call for the question, Council voted as follows: Voting "Aye" - Councilmembers Wolff, Frank, and Miller. Voting "No" - Councilmembers Colson and Weber. Motion passed 3 to 2. It was suggested this issue be back on the next regular Council agenda with the City Attorney offering suggestions for a solution. RESOLUTION NO. R91-38, RESOLUTION AUTHORIZING PLACEMENT OF NO PARKING SIGNS ALONG WESTMINISTER DRIVE AND WHISPERING WINDS Resolution No. R91-38 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Frank, that Resolution No. R91-38 be passed and approved on its first and only reading. Said Resolution No. R91-38 reads in caption as follows: NO. R91-38 A RESOLUTION AUTHORIZING AND DIRECTING THE PLACEMENT OF NO -PARKING SIGNS UPON WESTMINISTER DRIVE BEGINNING AT A POINT 50 FEET SOUTH OF ITS INTERSECTION WITH WHISPERING WINDS AND CONTINUING TO THE INTERSECTION OF WESTMINIS- TER DRIVE AND WHISPERING WINDS. Voting "Aye" - Councilmembers Weber, Frank, Miller, Colson, and Wolff. Voting "No" - None. Motion passed 5 to 0. COUNCIL DECISION ON JAMISON LITIGATION COUNCIL DECISION ON COURT DECISION IN COLSON LITIGATION Mayor Coppinger announced these two items would be considered after Executive Session. As a point of order, Councilmember Wolff called attention to R91-38 just adopted by the Council and noted that there was a discrepancy between the footage in the caption and the footage in the body of the resolution. It was moved by Councilmember Miller, seconded by Coun- cilmember Frank, that R91-38 be amended to reflect 75 feet in the caption rather than 50 feet. Motion passed unanimously. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 9:22 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: 226 UNDER SUBSECTION (e) LEGAL - 1) Discussion with Attorney regarding Jamison litigation; and 2) Discussion with Attorney regarding court decision in Colson litigation. MEETING RETURNED TO OPEN SESSION AT 10:27 P. M. NEW BUSINESS: Continued COUNCIL DECISION ON JAMISON LITIGATION It was moved by Councilmember Frank, seconded by Councilmember Miller, that upon the advice of Counsel the litigation stands as stated and that no action be taken at this time. In discussion, Councilmember Miller informed that they had been ad- vised by the attorney that the Council did not have the authority to compromise in this litigation. Motion passed 5 to 0. COUNCIL RETURNED TO EXECUTIVE SESSION AT 10:35 P. M. MEETING RETURNED TO OPEN SESSION AT 11:28 P. M. NEW BUSINESS: Continued COUNCIL DECISION ON COURT DECISION IN COLSON LITIGATION It was moved by Councilmember Wolff, seconded by Councilmember Miller, that the City Attorney be instructed not to appeal the judgment in the Colson case but that he take action to assure that any judgment not exceed the jurisdiction of the court and not exceed $5,000.00 inclu- sive of attorney's fees but exclusive of interests and costs. Motion passed 4 to 0, with Councilmember Colson abstaining. Mayor Coppinger signed a certification of those items discussed in Executive Session. ADJOURN -.s The meeting adjourned at 11:30 P. M. Minut s approved as submitted and/or corrected this day of A. D., 1991. Mayor ATTEST: City Secreta