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1994-03-14 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 14, 1994, 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 Pro Tem/Councilmember Joy Colson Councilmember D. A. Miller Councilmember Benny Frank Councilmember Randy Weber Councilmember David Smith City Manager Paul Grohman (entered Chambers at 7:40 P.M.) City Attorney Dick Gregg, Jr. Dick Gregg, III City Secretary Pat Jones Others in attendance: Division Directors Richard Burdine and Glen Erwin and Police Chief Mike Hogg. Absent from the Meeting: Mayor C. V. Coppinger. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Weber. The Pledge of Allegiance was led by Councilmember Frank. APPROVAL OF MINUTES It was moved by Councilmember Frank, seconded by Councilmember Miller, that the minutes of the regular meeting of February 28, 1994, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Pro Tem Colson issued a certificate of appreciation to Bettye Alexander for her many years of service on the Library Board. Rosalie Olah was also honored for service on the Library Board but was unable to attend the meeting. COUNCIL ACTIVITY REPORTS Councilmember Miller reported his attendance at the Cub Scout's Chili Dinner at the Methodist Church. Councilmember Frank reported he also attended this function. Councilmember Weber had nothing to report at this time. Councilmember Smith reported the Clear Creek Watershed Committee members will soon be going to their respective entities for solutions to financing the necessary projects. CITY MANAGER'S REPORT Mr. Grohman was not present in the Chambers at this time. CITIZENS 1. Frances Jamison, FM 518. Mrs. Jamison had signed to speak but declined. 2. Charles McMurrey, 5209 Spring Branch. Mr. McMurrey spoke about the City Manager's employment, stating that the reports E** given on local media programs contained misinformation. CITY MANAGER'S REPORT Mr. Grohman had nothing to report at this time. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 670, ORDERING SPECIAL ELECTION ON MAY 7, 1994, FOR PURPOSE OF SUBMISSION TO VOTERS OF CERTAIN PROPOSED CHARTER AMENDMENTS Ordinance No. 670 was read in caption by Councilmember Miller. Said Ordinance No. 670 reads in caption as follows: ORDINANCE NO. 670 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 7TH DAY OF MAY, 1994, DESIGNATING THE HOURS AND PLACE FOR HOLDING SUCH ELECTION AND PROVIDING FOR SUBMISSION TO THE VOTERS OF CERTAIN PROPOSED CHARTER AMENDMENTS. It was moved by Councilmember Miller, seconded by Councilmember Frank, that Ordinance No. 670 be passed and approved on second and final reading. After discussion, Councilmember Weber recommended that these proposed amendments not be placed on the May ballot as some changes are basically cosmetic. Mr. Weber suggested a Charter Review Committee be appointed in the interim with the possibility of amending the Charter in 1995 so that other pressing matters could be considered for placement on the ballot. Additional discussion followed with emphasis on the need to compel the attendance of Zoning Board of Adjustment members. It was suggested this could be done by ordinance. It was proposed that this item be considered later in the meeting to seek the counsel of Dick Gregg, Jr. It was moved by Councilmember Weber, seconded by Councilmember Miller, that the motion on the floor be suspended. Motion passed 5 to 0. ORDINANCE NO. 509-46, AMENDING LAND USE ORDINANCE, REQUEST OF TOM PRICE, AGENT FOR PULTE HOME CORPORATION, OWNER, FROM R-3, PUD TO R- 3, PUD Ordinance No. 509-46 was read in caption by Councilmember Frank. It was moved by Councilmember Frank, seconded by Councilmember Weber, that Ordinance No. 509-46 be passed and approved on its second and final reading. Said Ordinance No. 509-46 reads in caption as follows: ORDINANCE NO. 509-46 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 IN WILLOWICK II SUBDIVISION FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT, PLANNED UNIT DEVELOPMENT (R-3, PUD) TO SINGLE FAMILY DWELLING DISTRICT, PLANNED UNIT DEVELOPMENT ( R-3, PUD) , AT THE REQUEST OF TOM PRICE, AGENT FOR PULTE HOME CORPORATION, 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. 9 Voting "Aye" - Councilmembers Miller, Frank, Weber, Smith, and Colson. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 509-47, AMENDING LAND USE ORDINANCE, AT REQUEST OF KELLY PITTS, AGENT FOR GOLFCREST COUNTRY CLUB, OWNER, FROM R-3, PUD TO R-1 Ordinance No. 509-47 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Frank, that Ordinance No. 509-47 be passed and approved on its second and final reading. Said Ordinance No. 509-47 reads in caption as follows: ORDINANCE NO. 509-47 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 IN THE GREEN TEE TERRACE, SECTION 6 OF HARRIS COUNTY, PEARLAND, TEXAS FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT, PLANNED UNIT DEVELOPMENT (R-3, PUD) TO SINGLE FAMILY DWELLING DISTRICT (R-1), AT THE REQUEST OF KELLY PITTS, AGENT FOR GOLFCREST COUNTRY CLUB, 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. Voting "Aye" - Councilmembers Smith, Weber, Frank, Miller, and Colson. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 528-4, AMENDING CODE OF ORDINANCES, ANIMALS AND FOWL Ordinance No. 528-4 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Frank, that Ordinance No. 528-4 be passed and approved on its second and final reading. Said Ordinance No. 528-4 reads in caption as follows: ORDINANCE NO. 528-4 AN ORDINANCE AMENDING CHAPTER SIX, ANIMALS AND FOWL, OF THE CODE OF ORDINANCES, BY AMENDING SECTION 6-10, RESTRICTIONS ON KEEPING ANIMALS WITHIN THE CITY LIMITS - HORSES; PROVIDING A PENALTY FOR VIOLATION; A SAVINGS CLAUSE; A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Frank, Weber, Smith, and -- Colson. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS AUTHORIZING APPROVAL OF CHANGE IN PLANS FOR FM 518 WIDENING PROJECT TO PROVIDE FOR SIDEWALKS WITH WHEEL CHAIR RAMPS City Manager Grohman informed this was a project Council had wanted to do and which had been provided for in this year's tax rate. By .10 authorizing the work at this time, Mr. Grohman continued, funds can be saved by working with the State's contractor. It was moved by Councilmember Frank, seconded by Councilmember Smith, that the City Manager be authorized to sign approval of change in plans for FM 518 widening project to provide for the construction of four (4) foot wide concrete sidewalks with wheel chair ramps, at intersections not previously addressed, throughout the limits of the project, with funding, in its entirety, to be paid by the City. Motion passed 5 to 0. AWARD OF BID NO. B94-2, 6/8 DUMP TRUCK Council considered bids from Bayou City Ford Truck Sales, Alvin Equipment Company, and Olympic International Trucks. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Bid No. B94-2 be awarded to Alvin Equipment Company in the amount of $37,249.00. Motion passed 5 to 0. AWARD OF BID NO. B94-3, PICK-UP - UTILITY TRUCKS Council considered bids from Ron Carter Ford and A. C. Collins Ford. Division Director Richard Burdine noted that the vehicles could be purchased for substantially less through the General Services Administration of the State of Texas using their vendor, Hendrix Trucks. It was moved by Councilmember Frank, seconded by Councilmember Miller, that Bid No. B94-3 be awarded to Hendrix Trucks through the State of Texas with Item No. 1 being in the amount of $14,768.00; Item No. 2, Alternate B being in the amount of $18,573.00; and Item No. 2, Alternate C being in the amount of $19,873.00. Motion passed 5 to 0. ORDINANCE NO. 671, APPROPRIATING FUNDS FOR WIDENING WALNUT STREET BETWEEN MAIN AND WASHINGTON AND DECLARING AN EMERGENCY Ordinance No. 671 was read in caption by Councilmember Miller. City Manager Grohman explained Staff recommends widening Walnut between Main and Washington to allow left turns. This street is already carrying additional traffic due to construction on FM 518, Mr. Grohman continued, and this project, while temporarily slowing traffic, will eventually abet the City's overall traffic problem. Timeframe and needed cooperation from the railroad to move the crossing arm slightly were discussed. It was moved by Councilmember Miller, seconded by Councilmember Weber, that Ordinance No. 671 be passed and approved on its first and only reading as an emergency ordinance. Said Ordinance No. 671 read in caption as follows: ORDINANCE NO. 671 AN ORDINANCE APPROPRIATING THE AMOUNT OF FORTY-NINE THOUSAND NINE HUNDRED AND EIGHTY EIGHT ($49,988.00) DOLLARS FROM THE ENCUMBERED BALANCE OF THE FISCAL YEAR 1991-92 COUNCIL CONTINGENCY OF THE GENERAL FUND FOR THE PURPOSE OF WIDENING WALNUT STREET BETWEEN MAIN AND WASHINGTON STREETS, AND DECLARING AN EMERGENCY AS THESE APPROPRIATIONS ARE NECESSARY TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE AND ARE NOT FOR THE REGULAR OR RECURRING REQUIREMENTS. Voting "Aye" - Councilmembers Smith, Weber, Frank, Miller, and Colson. Voting "No" - None. Motion passed 5 to 0. INSTRUCTION TO CITY ATTORNEY REGARDING SETTLEMENT OF THE SHARON PARKS THREATENED LITIGATION City Attorney Gregg informed that City Manager Grohman had directed him to resolve this issue. Mr. Gregg discussed the terms of the settlement and recommended Council approval with the Mayor and City Secretary being authorized to execute the agreement. r It was moved by Councilmember Smith, seconded by Councilmember Miller, that the Mayor and City Secretary be instructed to sign the necessary documents to reinstate Sharon Parks to her previous position with terms as stated by City Attorney Gregg regarding salary, attorney's fees, and other conditions of the settlement. Timeframes were discussed for payments of salary and legal fees and fifteen days, as recommended by Mr. Gregg, was thought to be adequate. Motion passed 5 to 0. CHANGE IN ORDER OF BUSINESS UNFINISHED BUSINESS: CONTINUED ORDINANCE NO. 670, REGARDING CHARTER AMENDMENTS Council considered this item for which the motion had been suspended earlier in the meeting. In discussion, consideration was given to not placing these amendments on the ballot this year but rather appointing a Charter Review Committee which would be rolled over into a Charter Review Commission in 1995 with the intent of having a charter amendment election in 1995. City Attorney Gregg discussed this with Council, noting that in amending the charter there must be a two year cycle from election to election. In response to a concern regarding a lack of participation by Zoning Board of Adjustment members, Mr. Gregg advised this regulation can be imposed by ordinance. It was moved by Councilmember Weber to table the ordinance at this time. Charter Review Commission members Nell Fuller and John Lejsal were present in the audience and asked to give their comments. Both expressed concern that the Commission's work was in vain. Council expressed praise for the Commission's efforts while continuing to discuss whether to place the amendments on the May, 1994, ballot. It was moved by Councilmember Frank that Ordinance No. 670 be tabled at this time. Councilmember Weber indicated he would second the motion for purposes of discussion. After more discussion, Councilmember Weber stated he would reverse his position and asked Councilmember Frank not to table the item. Councilmember Frank stated his reasoning for continuing with his motion, stating a lot has happened that needs to be taken into consideration when amending the Charter. Upon call for the question, Council voted as follows: 12 Voting "Aye" - Councilmembers Miller and Frank. Voting "No" - Councilmembers Weber, Smith, and Colson. Motion failed 3 to 2. It was moved by Councilmember Weber, seconded by Councilmember Smith, that Ordinance No. 670 be passed and approved on its second and final reading. Voting "Aye" - Councilmembers Smith, Weber, Miller, and Colson. Voting "No" - Councilmember Frank. Motion passed 4 to 1. NEW BUSINESS: CONTINUED AUTHORIZATION FOR CITY MANAGER TO INCREASE COMPENSATION TO SNOWDEN ENGINEERING, INC. FOR OILER DRIVE REDESIGN Division Director Richard Burdine informed that the road has been realigned to take it off school property resulting in a substantial change in construction plans. The increase is $38,935.00, Mr. Burdine said. Acquisition of needed right-of-way was discussed. It was moved by Councilmember Weber, seconded by Councilmember Frank, that the City Manager be authorized to increase compensation to Snowden Engineering, Inc. in the amount of $38,935.00. The overall cost of the project and the history of the road were discussed. Motion passed 5 to 0. POSSIBLE SETTLEMENT OF CITY OF PEARLAND VS. BARRY ROSE, ET AL, NO. CCL 2-330 IN THE COUNTY CIVIL COURT AT LAW NO. 2 OF BRAZORIA COUNTY, TEXAS Mayor Pro Tem Colson informed this item would be considered after Executive Session. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 8:56 P. M. Mayor Pro Tem Colson read from the posted agenda the following topic to be discussed in Executive Session: SECTION 551.071 - Consultation with Attorney - Discussion of possible settlement of City of Pearland vs. Barry Rose, et al, No. CCL 2-330 in the County Civil Court at Law No. 2 of Brazoria County, Texas. MEETING RETURNED TO OPEN SESSION AT 9:17 P. M. NEW BUSINESS: CONTINUED POSSIBLE SETTLEMENT OF CITY OF PEARLAND VS. BARRY ROSE, ET AL, NO. CCL 2-330 IN THE COUNTY CIVIL COURT AT LAW NO. 2 OF BRAZORIA COUNTY, TEXAS It was moved by Councilmember Smith, seconded by Councilmember L Frank, that the settlement of the condemnation suit between the City of Pearland and Barry Rose be settled per the agreement that has been worked out and presented by the City Attorney and the City Staff. Motion passed 5 to 0. ADJOURNMENT The meeting adjourned at 9:19 P. M. Minutes approved as submitted and/or corrected this day of A. D., 1994. C. V. Cop pin r ayor ATTEST: Pat Jones, CAty Secretary, TRMC 13