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1996-04-22 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 22, 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 Randy Weber 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 Administrative Services Mary Hickling; Parks & Recreation Director Ed Hersh; Police Chief Mike Hogg; and Emergency Management Coordinator David Smith. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Police Chief Mike Hogg and the Pledge of Allegiance was led by City Secretary Yolanda Benitez. APPROVAL OF MINUTES Councilmember Tetens moved that the minutes of the Regular Meeting held on April 8, 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 introduced Dr. Daisy Palmer, Field Service Representative for TML and announced that she would be speaking later on in the agenda. Mayor Reid reported on his activities during the past two weeks which included the `— following: Ministerial Alliance Breakfast and the ribbon -cutting at the Best Western Motel on April 9, Brazoria County Firefighters Association Monthly meeting on April 11, Chamber Breakfast and the Dedication of Centennial Park on April 12, C. J. Harris Spring Fling on April 13, Pear Blossom Fest on April 14, HGAC Board meeting and the Historical Society meeting on April 16, Jr. High Celebrity Reading and the BCCA meeting on April 17, Texas Water Development Board meeting on April 18, presentation of a proclamation to Ralph Parrish on April 19, Hyde Park dedication on April 20, Tri -Tech meeting where Congressman Tom Delay spoke and the Clear Lake Transportation Partnership meeting on April 22 where the groundbreaking of NASA Road 1 improvements took place. 1.98 COUNCIL ACTIVITY REPORTS Councilmember Richardson reported that he has been making many presentations regarding the electronic community to organizations such as the Ministerial Alliance on April 9, the Pearland Neighborhood Center and the Exchange Club on April 10, and the YMCA Board of Directors on April 18. He also attended the Hyde Park dedication on April 20. Councilmember Weber reported that he had attended the BCCA meeting, which was hosted by the City of Pearland, on Wednesday, April 17, 1996, at the Golf Crest Country Club. Councilmember Tetens stated that he had undergone a knee replacement on April 9, and had been confined to his home during the remainder of the time. Councilmember Cole reported that he attended many of the same functions that the Mayor had attended over the past two weeks, which included: Ministerial Alliance Breakfast and the Best Western ribbon -cutting on April 9, Chamber Board meeting with Home builders and Developers concerning alternative signage on April 10, Centennial Park dedication on April 12, picking up trash along John Lizer Road on April 13, BCCA meeting on April 17, Hyde Park dedication on April 20, and the Tri -Tech luncheon on April 22. Councilmember Beckman reported that she attended the Best Western grand opening on April 9, Adult Reading Center Board meeting on April 10, Strategic Planning Committee meeting on April 11, Centennial Park Dedication on April 12, Trash Pick up on April 13, PearFest on April 14, BCCA meeting on April 17, Citizens Police Academy Alumni Association meeting and the Hazardous Waste Collection meeting held at the University of Houston -Clear Lake on April 20, and the Tri -Tech meeting on April 22. CITY MANAGER'S REPORT City Manager Paul Grohman announced that Officer Matt Zepeda has been selected to receive the State of Texas Law Enforcement Award for Public Service which is given by the Texas Commission on Law Enforcement. He pointed out that only 20 officers are chosen each year to receive this award which will be presented by Governor Bush on May 10th at 1:30 p.m. in Austin. Mr. Grohman reported that the City had received an award from Columbia Cascade for the playground design at Centennial Park. He stated that this award has never been given to a park recipient in the Houston -Galveston area. City Manager Grohman then introduced Daisy Palmer from Texas Municipal League. Daisy Palmer - Field Service Representative for TML. Ms. Palmer presented the Mayor with a copy of a check in the amount of $15,693.00 which came as a result of savings in the Workers' Compensation program. She commended Mary Hickling, Director of Administrative Services for her work in the area of risk management. City Manager Grohman clarified some misinformation that has been generated in the community and in the newspapers concerning the annual audit, the budget, capital projects, the City Manager's budget, and loss prevention. 2. David Smith - Emergency Management Coordinator. Mr. Smith presented a report concerning the Hurricane Polly Exercise which is an annual event in conjunction with the state and national emergency management associations. He invited the Mayor and Council to attend a training session which will be presented by the State on May 10th regarding responsibilities of elected officials during disasters. It will be held at the Community Center. 3. Mike Hogg - Police Chief. Police Chief Hogg commended Matt Zepeda for the award he will be presented on May 10th. He announced that the Police Department Honor Guard has been asked by the State to do the flag presentation on that day. The Police Chief stated that the annual awards ceremony will take place on May 16th, and he invited all to attend. He then presented a report regarding the Park Ambassador Program and gave credit to Ed Hersh for coming up with the idea of using citizen volunteers to act as park ambassadors for the city and to patrol the parks. Police Chief Hogg pointed out that Matt Zepeda had performed the necessary research to put this program together. He emphasized that this group would not serve as police officers or as an auxiliary force. Their main purpose will be to serve as information sources for the City. It will be required that these volunteers be graduates of the Citizens Police Academy before becoming Park Ambassadors. They will undergo 16 hours of intensive park ambassador training. Sergeant Javier Caballero will be the supervisor over this program. CITIZENS: 1. Sammy Campo - 3106 Yost Road. Mr. Campo addressed the Council with regard to the Yost Road project. Among the items he referred to were included the change in the name of the street from Yost Road to Yost Boulevard, installation of a traffic light, and discussions which have taken place with Harris County concerning the expansion of Yost Road. Mr. Campo presented the Mayor and Council with a copy of a letter from Harris County concerning the extension of Yost Road which he obtained from Chip Hosek. He requested answers from the Council with regard to this matter and in light of statements made by Council and staff during the Yost Road workshop held on February 19, 1996, concerning the facts on this project. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: SECOND 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 RESERVE A 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 Beckman made a motion for the approval of Ordinance No. 509-69 on its second and final reading. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. SECOND 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 CITY OF 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 WE CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Councilmember Cole moved for the adoption of Ordinance No. 509-70 on its second and final reading. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS: APPROVAL OF NOTICE OF INTENTION TO ISSUE TEXAS WATER DEVELOPMENT BOARD BONDS AND REFUNDING BONDS. Mr. Rick Witte, Bond Counsel, made a brief presentation concerning the notice and subsequent resolution which authorizes the City Secretary to publish this notice in the newspapers twice, with the first publication being not less than 15 days prior to the date on which authorization for issuance of the bonds would take place. City Attorney Amy McCullough explained that the resolution could be signed tomorrow, after it has been assigned a number, which City Secretary Yolanda Benitez stated would be "R96-23". Councilmember Cole moved for the adoption of Resolution No. R96-23 authorizing publication of notice of intention to issue City of Pearland, Texas water and sewer system revenue bonds Series 19968, in a principal amount not to exceed $9,000,000 for the purpose of constructing improvements, additions and extensions to the City's Sanitary Sewer System and Authorizing certain other matters related thereto. The motion was seconded by Councilmember Tetens. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 5 to 0. EXCUSED ABSENCE FOR COUNCILMEMBER RANDY WEBER FROM THE REGULAR COUNCIL MEETING HELD ON APRIL 8, 1996. Councilmember Tetens moved to excuse the absence of Councilmember Randy Weber from the regular Council meeting held on April 8, 1996. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Richardson, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 4 to 0. CALL FOR A SPECIAL COUNCIL MEETING TO BE HELD ON MAY 6, 1996 FOR PURPOSE OF CANVASSING THE RETURNS OF THE ELECTION HELD ON MAY 4, 1996. Councilmember Beckman made a motion to call for a Special Council meeting to be held on May 6, 1996, at 7:30 p.m. for the purpose of canvassing the returns of the lection held on May 4, 1996. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson. 2'0l Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R96-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CHANGING THE SECOND MEETING DATE IN MAY, 1996, DUE TO MEMORIAL DAY HOLIDAY. Councilmember Tetens moved for the approval of Resolution No. R96-21 stating that the regular meeting on May 13th, will be held at 7:00 p.m. and the second meeting will be held at 8:00 p.m. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R96-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FAITH COMMUNITY CHURCH FOR OVERSIZING A SANITARY SEWER MAIN. Councilmember Weber moved for the adoption of Resolution No. R96-22. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. FIRSTAND ONLY READING OF ORDINANCE NO. 723 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF PEARLAND, TEXAS, AMENDING PORTIONS OF ORDINANCE NO. 472 TO CHANGE THE SPEED LIMIT ON SECTIONS OF DIXIE FARM ROAD NORTH OF EAST BROADWAY (FM 518) FROM 40 MILES PER HOUR TO 35 MILES PER HOUR; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE FOR PUBLICATION AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED FOR NEW SPEED LIMIT SIGNS IN THIS AREA INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Richardson moved for the adoption of Ordinance No. 723 on its first and only reading. The motion was seconded by Councilmember Tetens. City Engineer John Hargrove made a presentation on this item and noted that this speed limit recommendation was in line with the new traffic needs at McDonald Road in the Dixie Woods Subdivision. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 5 to 0. FIRST AND ONLY READING OF ORDINANCE NO. 724 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING A STOP SIGN WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND UPON PARK IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH PEAR; PROVIDING A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A 1202 REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Councilmember Beckman made a motion to adopt Ordinance No. 724 on its first and only reading. The motion was seconded by Councilmember Cole. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 5 to 0. OTHER BUSINESS: Meeting recessed to Executive Session at 8:52 p.m. under Texas Government Code. Mayor Reid read from the posted agenda the following topic to be discussed under Executive Session: Under Section 551.071 - Consultation with City Attorney regarding pending litigation 1) Discussion of Lowery Litigation 2) Discussion of TNRCC Litigation Meeting returned to Open Session at 9:14 p.m. NEW BUSINESS (CONTINUED): INSTRUCTION TO CITY ATTORNEY REGARDING LOWERY LITIGATION Councilmember Cole moved to release the City's judgement of June 29, 1992, for the City of Pearland attorney's fees in the amount of $1500 in the related judgement lien case styled Karen Lowery vs. Firefighters and Police Officers Civil Service Commission of Pearland, et al, in the 23rd Judicial District Court Brazoria County in consideration of payment in full of the judgement by Plaintiff and authorize the City Attorney to execute said release on behalf of the City of Pearland. The motion was seconded by Councilmember Richardson. Voting "Aye" - Councilmembers Beckman, Cole, Tetens, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. INSTRUCTION TO CITY ATTORNEY REGARDING TNRCC LITIGATION Councilmember Tetens moved to authorize the City Attorney to execute a legal motion for non -suit without prejudice on behalf of the City of Pearland according to a suit filed with Brazoria County, City of Pearland, U. S. Homes and Alliance Realtors vs. TNRCC to compel TNRCC to revoke National Medical Waste's permit as the company has voluntarily relinquished their permit and the issue is now mute. The motion was seconded by Councilmember Beckman. Voting "Aye" - Councilmembers Richardson, Weber, Tetens, Cole and Beckman. Voting "No" - None. Motion passed 5 to 0. ADJOURNMENT Meeting was adjourned at 9:17 p.m. Minutes, approved as submitted and/or A. D., 1996. ATTEST: A. I nda C. Benite City Secretary corrected this the dYY� Tom Weid Mayor day of w