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1994-04-25 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 25, 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 C. V. Coppinger Mayor Pro Tem/Councilmember Joy Colson Councilmember Councilmember Councilmember Councilmember Division Director City Attorney City Secretary D. A. Miller Benny Frank Randy Weber David Smith Glen Erwin Dick Gregg, Jr. Pat Jones Others in attendance: Police Chief Mike Hogg. Absent from the meeting: City Manager Paul Grohman and Division Director Richard Burdine. 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 Colson, to approve the minutes of the regular meeting of March 28, 1994, which were tabled at the last meeting, as they were presented the first time at the last meeting. Motion passed 4 to 1, with Councilmember Smith voting no. It was moved by Councilmember Colson, seconded by Councilmember Miller, that the minutes of the joint public hearing of April 11, 1994, be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Smith, seconded by Councilmember Weber, that the minutes of the regular meeting of April 11, 1994, be approved as presented. Motion passed 5 to 0. It was moved by Councilmember Colson, seconded by Councilmember Weber, that the minutes of the special meeting of April 18, 1994, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger, assisted by Councilmember Smith, proclaimed the Seventh Annual Crawdad Jamboree and members of the Knights of Columbus accepted the proclamation. COUNCIL ACTIVITY REPORTS Councilmember Miller discussed campaign material being handed out which he felt contained discrepancies and touched on issues such as attorney's fees, reduction of taxes, the Hughes Road project, and the amount of money spent on investigation of the City Manager. 48 Councilmembers Frank, Colson, Weber and Smith had nothing to report at this time. CITY MANAGER'S REPORT Division Director Glen Erwin, filling in for City Manager Grohman, had nothing to report at this time. CITIZENS: None EVALUATION AND DISCUSSION OF CITY MANAGER'S PERFORMANCE Councilmember Frank ask that a list of directives and standards for the City Manager be put on a future agenda. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS: None NEW BUSINESS CHANGE IN THE ORDER OF BUSINESS The first item on the agenda was passed over to allow Helen Beckman who serves on the Planning and Zoning Commission as well as the League of Women Voters time to address Council. RESOLUTION NO. R94-20, APPOINTING REPLACEMENT JUDGES TO SERVE IN MAY 7, 1994, ELECTION Resolution No. R94-20 was read in caption by Mayor Coppinger. Said Resolution was read in its entirety by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Colson, that Resolution No. R94-20 be passed and approved on its first and only reading. Said Resolution No. R94-20 reads in caption as follows: RESOLUTION NO. R94-20 -� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPOINTING REPLACEMENT JUDGES TO SERVE IN THE CITY OFFICERS' AND CHARTER AMENDMENTS ELECTION TO BE HELD ON MAY 7, 1994. Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank and Weber. Voting "No" - None. Motion passed 5 to 0. COUNCIL DECISION ON LEAGUE OF WOMEN VOTERS' REQUEST FOR A WAIVER TO THE INSURANCE REQUIREMENT TO ERECT A BANNER Helen Beckman of the League of Women Voters spoke, asking Council to make allowances for the League as it has no funds to meet the insurance requirements yet provides an invaluable service to the community in reminding all to vote. It was moved by Councilmember Miller that the League of Women Voters be allowed to erect a banner without the required insurance requirements. Councilmember Smith asked that the motion be amended to reflect that Staff will provide the insurance. Councilmember Miller was agreeable to this amendment. The motion was seconded by Councilmember Frank. Motion passed 5 to 0. 49 ORDINANCE NO. 509-48, AMENDING LAND USE ORDINANCE, REQUEST OF LARRY AND LYNN HOWARD, AGENTS FOR MARCELLA ESTRELLA, OWNER Ordinance No. 509-48 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Frank, that Ordinance No. 509-48 be passed and approved on its first of two readings. Said Ordinance No. 509-48 reads in caption as follows: ORDINANCE NO. 509-48 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 GRANTING A SPECIFIC USE PERMIT TO ALLOW AN EQUESTRIAN CENTER (HORSE STABLES) AND OWNER'S HOME IN A GENERAL BUSINESS DISTRICT (GB) AND A SINGLE FAMILY DWELLING DISTRICT (R-1) (LOCATED PRIMARILY IN R-1) ON ACRES NUMBERS 31-22, 31-24, 31-25, 31-26, 31-27, 31-28, 31-29, 34, 35, 36, 37, 38, 39 IN THE NARREGANG SUBDIVISION (1920 E. BROADWAY) AT THE REQUEST OF LARRY AND LYNN HOWARD, AGENTS FOR MARCELLA ESTRELLA, OWNER; PROVIDING FOR AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND OTHER PROVISIONS RELATED TO THE SUBJECT. It was noted there were certain conditions recommended by the Planning and Zoning Commission and the motion was amended to state that these requirements be followed. Discussion ensued concerning the timeliness of emptying of the dumpsters, trailer storage and motor home traffic. Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank and Miller. Voting "No" - None. Motion passed 5 to 0. APPOINTMENT OF CITY HEALTH AUTHORITY FOR A ONE YEAR TERM Division Director Erwin stated it was Staff's recommendation to reappoint Dr. David Armbruster as the City's Health Authority. It was moved by Councilmember Frank, seconded by Councilmember Smith, that Dr. Armbruster be reappointed as the City Health Authority for a one year term. Motion passed 5 to 0. ORDINANCE NO. 672, REJECTING PROPOSED RATE INCREASE FILED BY TEXAS - NEW MEXICO POWER COMPANY Ordinance No. 672 was read in caption by Mayor Coppinger. Division Director Erwin informed several meetings have been held with other entities and representatives from the power company and it is Staff's recommendation to reject the proposed rate increase at this time. Kenny Koncaba, District Manager of Texas -New Mexico Power Company, answered questions from Council, stating that there are approximately 200 Pearland customers and the percentage of the residential rate increase will be 8.6%. Mr. Koncaba cited the company's reasons for a request in rates. Charges for usage were compared between Texas -New Mexico and Houston Lighting and Power. Ordinance No. 672 was read again in caption by Councilmember Frank. It was moved by Councilmember Frank, seconded by Councilmember Miller, that Ordinance No. 672 be passed and approved on its first of two readings. 50 Said Ordinance No. 672 reads in caption as follows: ORDINANCE NO. 672 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, REJECTING THE PROPOSED RATE INCREASE FILED BY THE TEXAS -NEW MEXICO POWER COMPANY. Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber and Smith. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R94-21, REQUESTING EPA TO RESCIND OR DELAY IMPLEMENTATION OF TRANSPORTATION CONFORMITY RULES FOR NITROGEN OXIDES Resolution No. R94-21 was read in caption by Mayor Coppinger. Division Director Erwin informed H -GAC has done studies on this issue and Staff recommends approval of this resolution. City Attorney Dick Gregg gave his approval to the document. It was moved by Councilmember Frank, seconded by Councilmember Smith, that Resolution No. R94-21 be passed and approved on its first and only reading. Said Resolution No. R94-21 reads in caption as follows: RESOLUTION NO. R94-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REQUESTING THAT THE U. S. EPA RESCIND OR DELAY IMPLEMENTATION OF ITS TRANSPORTATION CONFORMITY RULES FOR NITROGEN OXIDES. Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber and Smith. Voting "No" - None. Motion passed 5 to 0. ADJOURNMENT The meeting adjourned at 8:21 P. M. Minutes approved as submitted and/or corrected this day of A. D., 1994. I i C. V. pinger, Ma or David Smith, Mayor Pro Te ATTEST: Pat Jones ity Secretary, TRMC