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1996-04-08 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 8, 1996, 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 Tom Reid Mayor Pro Tem/Councilmember Richard Tetens Councilmember Jerry Richardson Councilmember Helen Beckman Councilmember Kevin Cole City Manager Paul Grohman City Attorney Amy McCullough City Secretary Yolanda C. Benitez Others in attendance: Assistant City Managers Glen Erwin and Richard Burdine; City Engineer John Hargrove; Director of Finance Jim Causey; Director of Administrative Services Mary Hickling; and Parks & Recreation Director Ed Hersh. Absent: Councilmember Randy Weber. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Tetens, and the Pledge of Allegiance was led by Councilmember Beckman. APPROVAL OF MINUTES Councilmember Tetens moved that the minutes of the Joint Public Hearing of March 25, 1996, 7:00 p.m., be accepted as presented. Councilmember Richardson seconded the motion. Motion passed 4 to 0. Councilmember Tetens moved that the minutes of the Regular Meeting held on March 25, 1996, 7:30 p.m., be accepted as presented. Councilmember Richardson seconded the motion. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT Mayor Reid presented a proclamation to the Knights of Columbus in recognition of the Ninth Annual Crawdad Jamboree to be held on April 27, 1996. Mayor Reid and Director of Administrative Services Mary Hickling presented the proclamation in recognition of National D.A.R.E. Day which is April 11, 1996. Mayor Reid reported on his activities during the past two weeks which included: Clear Lake Transportation Partnership meeting on March 26; Strategic Planning meeting on March 27; Elks Lodge installation of officers on the evening of March 30; and the Southeast Economic Development Council meeting on April 4. �I COUNCIL ACTIVITY REPORTS Councilmember Beckman reported that she attended the PEDC meeting last week, and reminded everyone of the Clean Pearland Trash Pickup to be held on Saturday, April 13th. She challenged the rest of the Council to join her on Saturday in helping to clean up the City of Pearland. Councilmember Cole reported that he attended the Rotary luncheon on March 26 where Councilmember Richardson made a presentation on the electronic community, and he urged those who had a business or an organization to contact Councilmember Richardson and/or members of the Electronic Community Committee and become a part of the Internet. Councilmember Cole also attended a Chamber meeting concerning alternative signage on March 27. Councilmember Tetens stated that he will be having knee surgery tomorrow and, therefore, would not be able to accept Councilmember Beckman's challenge. Councilmember Richardson reported that Helen and David Beckman had visited Blacksburg, Virginia, and toured their electronic community facilities. He then introduced Mr. Beckman who gave an oral report of his visit to Blacksburg and provided the Mayor and Council with a written report. He stated that the City of Blacksburg is known internationally as the "role model" for anyone who wants to set up an electronic community. Mr. Beckman announced that schools will be presented this Summer which will cover such topics as grant writing, how to get started, and other topics mentioned in his report. CITY MANAGER'S REPORT City Manager Paul Grohman reported that we are under statewide fire advisory and noted that the Fire Marshal and Fire Department are working overtime trying to keep people from burning. He also reported that there will be a Joint City Council/School Board meeting on April 23, and asked the Mayor and Council to submit any agenda items they might have by the end of the week. Mr. Grohman stated that tomorrow, April 9th, is the grand opening of the Best Western Motel. Centennial Park will be dedicated on Friday morning, April 12th, at 10:00 a.m. On Saturday, April 20th, at 11:30 a.m., Hyde Park will be holding their dedication ceremony. The gazebo at the City Hall Park should be up by the middle of next week. Wescot Communications has been here to make two safety films in the City of Pearland which will be shown throughout the United States and Canada. City Manager Grohman stated that Police Chief Mike Hogg will be presenting Council with a report concerning the Citizens Police Academy's new Park Ambassador Program. The U. S. Department of Justice has awarded the City a $154,500 grant for the COPS More Program to be used for equipment for the Police Department, which will include receivers, transmitters and lap -top computers. Dirt work is taking place at Independence Park which will be used for regional stormwater detention. CITIZENS: Charles McMurrey - 5209 Spring Branch Drive. Mr. McMurrey addressed the Council with regard to activating some dormant Road Districts. He stated that he felt this was the responsibility of the Commissioner's Court and noted that he is adamantly opposed to the City being involved in this process. Mr. McMurrey also stated that if the County feels it needs infrastructure, then they should handle this by calling a county -wide bond election, if necessary. He added that if a bond election were to fail, then, and only then, should discussions take place concerning the creation of more government (Road Districts). Mr. McMurrey then stated that the Economic Development Council funds have not been used for road infrastructure, and he is against this as well. Mayor Reid responded that the Road District was created as a result of the Chamber of Commerce Infrastructure Committee with the stipulation that if money was raised and voted by the citizenry, the money would be spent within the district. He stated that in the past when a county bond issue had taken place, 192 money was not spent in the north end of the county. Mayor Reid also noted that it was at the suggestion of several area cities that the re-creation of the road districts take place because of the availability of federal funding. Upon inquiry from Mr. McMurrey, Mayor Reid noted that the last county bond election took place in approximately 1966. 2. Delores Fenwick - Clean Pearland. Ms. Fenwick came before Council to challenge them and everyone in the audience to come to the Clean Up on Saturday, April 13th. They will meet at the Lions Club at 7:30 a.m. Ms. Fenwick then introduced Patty Welborn who initially came up with the idea of the "Adopt a Spot" Program and initiated the community clean ups. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: None NEW BUSINESS: AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH RAUSCHER PIERCE REFNES, INC. TO PERFORM PROFESSIONAL SERVICES IN THE CAPACITY OF FINANCIAL ADVISORS FOR THE CITY IN CONNECTION WITH THE AUTHORIZATION, ISSUANCE, SALE, AND DELIVERY OF APPROXIMATELY $8,870,000 WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1996, TO THE TEXAS WATER DEVELOPMENT BOARD. Councilmember Beckman moved to authorize the Mayor to execute this agreement, seconded by Councilmember Tetens. City Manager Grohman introduced Frank Ildebrando, Financial Advisor from Rauscher Pierce Refnes, Inc., Rick Witte, Bond Counsel from Mayor, Day, Caldwell & Keeton, L.L.P., and Jim Causey, Director of Finance for the City of Pearland, who were present to speak to this item, as well as agenda items #2 and #3. Frank Ildebrando provided additional information regarding the procedures that will be followed within the next 30-60 days from the State's standpoint, approval required by the State, what the City will be required to do and Mr. Ildebrando's actions, as well. He distributed copies of the schedule of events to the Mayor and Council, the City Manager, the City Attorney, and the City Secretary, and reviewed the schedule with all present. Mr. Ildebrando introduced Rick Witte who explained the resolution requesting financial assistance from the Texas Water Development Board and authorizing the filing of an application. He recommended adoption of this resolution (R96-20). Voting "Aye" - Councilmembers Beckman, Cole, Tetens and Richardson. Voting "No" - None. Motion passed 4 to 0. AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MAYOR, DAY, CALDWELL & KEETON, L.L.P. TO SERVE AS BOND COUNSEL WITH RESPECT TO THE AUTHORIZATION, ISSUANCE, SALE, AND DELIVERY OF APPROXIMATELY $8,870,000 WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 1996, TO THE TEXAS WATER DEVELOPMENT BOARD. Councilmember Cole moved to authorize the Mayor to execute the Agreement with Mayor, Day, Caldwell & Keeton, L.L.P. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Richardson, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 4 to 0. RESOLUTION NO. R96-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD; AUTHORIZING THE FILING OF AN APPLICATION; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. Councilmember Tetens moved for the approval of Resolution No. R96-20. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Cole, Tetens and Richardson. Voting "No" - None. Motion passed 4 to 0. City Attorney Amy McCullough advised Council that these two items were related and both captions could be read, discussed collectively, and voted on at the same time. RESOLUTION NO. R96-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING RESOLUTION NO. R96-11, AS IT MAY HAVE BEEN FROM TIME TO TIME AMENDED; HAVING A REPEALER CLAUSE AND A SAVINGS CLAUSE. -' RESOLUTION NO. R96-18 - A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING RESOLUTION NO. R96-10, TO CHANGE THE VOTING SYSTEM FOR THE REGULAR CITY OFFICERS' ELECTION ON THE FOURTH DAY OF MAY, 1996, FROM ELECTRONIC TO MANUAL BY USE OF PAPER BALLOT AND TO CHANGE THE MAXIMUM NUMBER OF CLERKS WHO MAY BE APPOINTED BY THE PRESIDING ELECTION JUDGE IN ACCORDANCE WITH STATE LAW. Councilmember Richardson moved for the adoption of Resolution No. R96-17 and Resolution No. R96-18. The motion was seconded by Councilmember Tetens. City Attorney Amy McCullough explained the necessity for the two resolutions, that being the fact that the City is having to change to a paper ballot in order to accommodate the large volume of proposed charter amendments for the May 4, 1996, election; thereby doing away with the need for using the officials at the Central Counting Station, as we will be responsible for manually tabulating the ballots to be used in this election. Due to this factor, Ms. McCullough noted that it was necessary to allow Inez Farmer, the Presiding Election Judge, to appoint up to 100 election clerks to assist with the counting of the ballots. Ms. McCullough also stated that the counting of the ballots will begin sometime during the morning hours on election day. She announced that a copy of the ordinance concerning the charter amendments which includes the proposed amendments, the current charter, and the report from the Charter Review Commission which shows the Charter in its proposed amended form are all available for review in the City Secretary's Office and at the Library. The Charter Review Commission is in the process of speaking to some community organizations to educate the voters on the proposed charter amendments. Voting "Aye" - Councilmembers Richardson, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 4 to 0. 94 RESOLUTION NO. R96-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ADOPTING AN INVESTMENT POLICY IN ACCORDANCE WITH CHAPTER 2256 OF THE GOVERNMENT CODE ("PUBLIC FUNDS INVESTMENT ACT") FOR PURPOSES OF INVESTING CITY FUNDS IN STATE AUTHORIZED SECURITIES. Councilmember Beckman made a motion to adopt Resolution No. R96-19. The motion was seconded by Councilmember Cole. After a brief discussion regarding this resolution, the following change was recommended by the Mayor: Under "Responsibility", Page 2, of the Investment Policy, add the statement "the Investment Officer would abstain from any action as a result of any conflict". Director of Finance Jim Causey addressed the Council with regard to the Mayor's suggestion. After further discussion, it was decided that the following sentence would be added to this section of the Investment Policy: "In the event a relationship such as the one described above exists, the investment officer shall abstain from participating in the decision, and the committee shall execute the transaction." Councilmember Beckman amended her motion to include the statement to be added in relation to the "Responsibility" paragraph. The amended motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Richardson, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 4 to 0. APPOINTMENT OF TWO (2) MEMBERS TO THE PLANNING & ZONING COMMISSION. Councilmember Richardson moved for the reappointment of Peggy Mayfield -Royer and --- Rob Larsen to the Planning & Zoning Commission for a three-year term. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Richardson, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 4 to 0. APPOINTMENT OF TWO (2) REGULAR MEMBERS AND ONE (1) ALTERNATE MEMBER TO THE ZONING BOARD OF ADJUSTMENT. Councilmember Richardson moved to reappoint Tony Vento and Calvin Collier as regular members and Suzanne Tullis as an alternate member to the Zoning Board of Adjustment for two-year terms. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Beckman, Cole, Tetens and Richardson. Voting "No" - None. Motion passed 4 to 0. APPOINTMENT OF CITY HEALTH AUTHORITY FOR A TWO-YEAR TERM. City Manager Grohman pointed out that Dr. Armbruster has served for nearly 28 years as the Health Authority, and noted that Mrs. Benitez had discovered a change in the law which changes the term limits to two years instead of one. Councilmember Richardson moved to reappoint Dr. David Armbruster as the City Health Authority for a two-year term. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Richardson, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 4 to 0. FIRST READING OF ORDINANCE NO. 509-69 - AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON APPROXIMATELY 2.79 ACRES OUT OF RESERVEA IN TWIN WOOD SUBDIVISION (1255 OLD ALVIN ROAD) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO SUBURBAN DEVELOPMENT RESIDENTIAL DISTRICT (SDR) AT THE REQUEST OF RONALD STEVE SMITH, OWNER; PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Cole moved for the adoption of Ordinance No. 509-69 on its first reading. The motion was seconded by Councilmember Beckman. Mayor Reid read a letter from the Planning & Zoning Commission recommending the approval of this ordinance. Voting "Aye" - Councilmembers Beckman, Cole, Tetens and Richardson. Voting "No" - None. Motion passed 4 to 0. FIRST READING OF ORDINANCE NO. 509-70 - AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITYOF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON LOT 1, TRACT 1 & 2, THE EAST HALF OF NORTHWEST QUARTER OF SECTION 15, H.T.&B.R.R. CO. SURVEY, ABSTRACT 241, BRAZORIA COUNTY, TEXAS (6706 BROADWAY) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL DISTRICT (C) AT THE REQUEST OF TRAN K. HOA, OWNER; PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Tetens moved for the adoption of Ordinance No. 509-70 on its first reading. The motion was seconded by Councilmember Richardson. Mayor Reid read the letter from the Planning & Zoning Commission recommending that the Council approve this ordinance. Voting "Aye" - Councilmembers Richardson, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 4 to 0. OTHER BUSINESS: None ADJOURNMENT Meeting was adjourned at 8:54 p.m. !=ved as submitted and/or corrected this the day of A. D., 1996. Tom Reid Mayor ATTEST: I nda C. Benit z City Secretary QUESTION AND ANSWER PERIOD None. ADJOURNMENT The public hearing on Application No. 62 was adjourned at 7:16 p.m. Mayor Reid announced that the Planning & Zoning Commission would recess to the Second Floor Conference Room following the public hearing to address both of these issues. utes approved as submitted and/or A. D., 1996. ATTEST: Wendy StandPqT Assistant City ecretary 441-. corrected this day of Tom Reid, Mayor