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1994-05-09 CITY COUNCIL REGULAR MEETING MINUTES53 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MAY 9, 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: Acting Mayor Pro Tem Councilmember Councilmember Councilmember Councilmember Elect Councilmember Elect City Manager Acting City Attorney City Secretary David Smith D. A. Miller Benny Frank Randy Weber Richard Tetens Jerry Richardson Paul Grohman Marilyn Mieszkuc Pat Jones Others in attendance: Division Director Glen Erwin. Absent from the meeting: Mayor Vic Coppinger, Councilmember Joy Colson and City Attorney Dick Gregg, Jr. 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 Weber, seconded by Councilmember Miller, that the minutes of the special meeting of April 20, 1994, be approved as presented. Motion passed 3 to 0, with Councilmember Frank abstaining. It was noted that Councilmember Smith who was serving as Mayor Pro Tem in the absence of Mayor Coppinger and Mayor Pro Tem Colson did not lose his right to vote while serving in this capacity. It was moved by Councilmember Weber, seconded by Councilmember Frank, that the minutes of the joint public hearing of April 25, 1994, be approved as presented. Motion passed 4 to 0. It was moved by Councilmember Frank, seconded by Councilmember Weber, that the minutes of the regular meeting of April 25, 1994, be approved as presented. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT City Manager Grohman read the following statement in behalf of Mayor Coppinger: "It is an honor and a pleasure to welcome Richard Tetens back to this Council where he has compiled a commendable record on two previous terms and to welcome Jerry Richardson for his first adventure. After welcoming them, I want to congratulate them on their impressive victories and to congratulate us, the citizens of Pearland, on our good fortune in having two men of known integrity, experience and ability to offer themselves in service to us. Our future in Pearland, as bright and shining as it looks at this moment, is no better than the character and ability of the 54 individuals that the citizens raise up and send down here to this chamber. We are indeed gratified and encouraged to find seats for these two gentlemen at this bench. I also want to express my appreciation to the city staff for their dedicated performance during this past trying year as their efforts have enabled us to keep moving ahead even under difficult circumstances. I would also say to all - city staff, new councilmembers, old councilmembers and the public at large - that it shall be my goal, and I hope that all of you will buy into it with me, and share it with me, from this moment forth to restore a harmonious working relationship to this council, that we accept this moment as an opportunity for a new beginning at City Hall and to recognize that we have a mandate from the public to end our conflicts and get about taking care of our taxpayers' best interests with trust and confidence in each other. I regret having to miss this meeting because there is so much to be done that we need to be about it, but I am encouraged to think that after tonight I will be back on a regular basis. So, let's get our Code of Ethics out and dust it off if it's a good one, let's subscribe to it, if it needs amending or augmenting, let's be about that too. We need to talk about scheduling: an indoctrination meeting, a joint workshop with Planning & Zoning to take a comprehensive look at our problems and our opportunities; and a retreat at which we can set goals and objectives. In that regard, I have asked Mr. Grohman to start us off by bringing us a professionally designed Standard of Performance covering his job, in effect, a criteria which Council can use in measuring his performance, both as a guide in our relationship and a way of handing him a report card at stated intervals. If Paul would start us off with his idea of an industry standard on this, Council could then customize it to fit our particular situation. It has taken us a hundred years to get there but Pearland has arrived. We have almost unlimited opportunity for continued growth and improvement in the quality of life. The great thing about it is that so many good citizens in this town are as excited and concerned as we are about our future and they are going to continue to support and encourage us. Council has the responsibility of leadership - let's be about it." Mayor Pro Tem Smith, assisted by City Manager Grohman, proclaimed National Police Week. Lt. Bob Walters accepted the document on behalf of the Police Department. Councilmember Weber read a proclamation for Better Hearing and Speech Month and the City Secretary was asked to have the document delivered to the proper party. COUNCIL ACTIVITY REPORTS Councilmember Miller had nothing to report at this time. Councilmember Frank stated he had lived in Pearland for 27 years and had been involved in local government in one form or another, such as service on Council or the Planning and Zoning Commission, for 23 of those 27 years. Councilmember Frank thanked the citizens of Pearland for the opportunity to serve. Councilmember Weber had nothing to report at this time. Councilmember Smith announced the Clear Creek Watershed Committee would meet on May 11 and invited Council and Staff to attend. An update will be given by the Transportation Committee regarding the progress of Beltway 8. They are in need of 1 1/2 million truck yards of dirt to raise the grade on Beltway 8, Mr. Smith informed, and this might provide an ideal opportunity for the City to get a large retention pond on Clear Creek with little or no expense. The Clear Creek Watershed Committee is composed of nineteen entities from the head of Clear Creek to where it empties into the Gulf, 55 Councilmember Smith stated, as he encouraged participation at this meeting. CITY MANAGER'S REPORT City Manager Grohman reported several major projects would be brought to Council soon such as the thoroughfare plan, the mentioned retention pond at Clear Creek with possible park areas around it, budget development, and the long-awaited construction process of the road to the high school, known as Oiler Drive. CITIZENS 1. Delores Fenwick, Clean Pearland. Ms. Fenwick invited all to the annual Pearland Night with the Astros to be held on June 30. 2. Catherine O'Brien, 3010 Country Club. Ms. O'Brien spoke about hazmat training and the Brio site. 3. Donna Lunn, 2609 Mary. Ms. Lunn spoke addressed the amount of funds spent and/or lost on various issues, discussing topics such as the investigation by Mike Oualline, Hughes Road project, and the STEP program involving the use of seat belts. EVALUATION AND DISCUSSION OF CITY MANAGER'S PERFORMANCE Councilmember Miller and Frank stated they had no comments. Councilmember Weber stated he agreed with Mayor Coppinger's remarks previously read into the records of this meeting and felt if the City Manager would undertake to do that, things would be on track. City Manager Grohman stated he had tried to undertake to do this. After more discussion, Mayor Pro Tem Smith thanked everyone for their comments, stating enough had been said. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 509-48, AMENDING LAND USE ORDINANCE, AT REQUEST OF LARRY AND LYNN HOWARD, AGENTS FOR MARCELLA ESTRELLA, OWNER Ordinance No. 509-48 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Frank, that Ordinance No. 509-48 be passed and approved on its second and final reading. 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. Voting "Aye" - Councilmembers Miller, Frank, Weber and Smith. Voting "No" - None. Motion passed 4 to 0. 55 ORDINANCE NO. 672, REJECTING PROPOSED RATE INCREASE FILED BY TEXAS - NEW MEXICO POWER COMPANY Ordinance No. 672 was read 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 second and final reading. 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, Weber, and Smith. Voting "No" - None. Motion passed 4 to 0. NEW BUSINESS RESOLUTION NO. R94-22, CANVASSING RETURNS AND DECLARING RESULTS OF CITY OFFICERS' AND CHARTER AMENDMENTS ELECTION HELD ON MAY 7, 1994 City Secretary Jones read the election returns into the record, noting that Richard Tetens was elected to Member of the Council, Position Two, Jerry Richardson was elected to Member of the Council, Position Four, and all twenty-one Charter amendments passed. Resolution No. R94-22 was read in caption by Councilmember Frank. It was moved by Councilmember Frank, seconded by Councilmember Miller, that Resolution No. R94-22 be passed and approved on its first and only reading, accepting the election results as presented by the City Secretary. Said Resolution No. R94-22 reads in caption as follows: RESOLUTION NO. R94-22 A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGULAR CITY OFFICERS' AND CHARTER AMENDMENTS ELECTION HELD IN THE CITY OF PEARLAND, TEXAS, ON MAY 7, 1994. Voting "Aye" - Councilmembers Miller, Frank, Weber and Smith. Voting "No" - None. Motion passed 4 to 0. RESOLUTION NO. R94-23, ORDERING RUNOFF ELECTION RESOLUTION NO. R94-24, APPOINTING PERSONS TO SERVE AT CENTRAL COUNTING STATION FOR RUNOFF ELECTION DRAWING OF NAMES FOR A PLACE ON RUNOFF BALLOT The above three agenda items were not needed as there was no necessity for a runoff election. ISSUANCE OF CERTIFICATE OF ELECTION TO NEWLY ELECTED OFFICIALS Mayor Pro Tem Smith requested that this be done at a later time so that Mayor Coppinger could sign the certificates of election. -e, ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED OFFICIALS Justice of the Peace Bill Todd administered the oaths of office to newly elected Councilmembers Tetens and Richardson. Councilmembers Tetens and Richardson assumed their respective places at the Council table. ELECTION OF MAYOR PRO TEM It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that Councilmember Smith be elected Mayor Pro Tem. Motion passed 4 to 0, with Councilmember Smith abstaining. ORDINANCE NO. 509-49, AMENDING LAND USE ORDINANCE, AT REQUEST OF THOMAS THU HUYNH, OWNER Ordinance No. 509-49 was read in caption by Councilmember Richardson. It was moved by Councilmember Weber, seconded by Councilmember Tetens, that Ordinance No. 509-49 be passed and approved on its first of two readings. Said Ordinance No. 509-49 reads in caption as follows: ORDINANCE NO. 509-49 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 JACKSON ADDITION FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO GENERAL BUSINESS (GB), AT THE REQUEST OF THOMAS THU HUYNH, 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 Miller, Tetens, Weber, Richardson and Smith. Voting "No" - None. Motion passed 5 to 0. AWARD OF BID NO. B94-6, LANDFILL SITE LEASE City Manager Grohman stated that Division Director Richard Burdine would have a recommendation on this and asked that the next agenda item be given consideration at this time, allowing Mr. Burdine time to come from the Planning & Zoning meeting being held concurrently. RESOLUTION NO. R94-25, AUTHORIZING STOP SIGNS IN SUNSET MEADOWS SUBDIVISION; BANBURY CROSS SUBDIVISION; GREEN TEE SUBDIVISION; AND WILLOWICK SECTION 2 SUBDIVISION Citizen Input: 1. Stella Roberts, 2918 Green Tee. Ms. Roberts stated a more valid way of determining the need for stop signs was needed as the one called for in Green Tee would be placed at a very sparsely inhabited cul-de-sac area intersecting with Green Tee Drive. Closing her remarks, Ms. Roberts congratulated the newly elected councilmembers. City Manager Grohman suggested the one in Green Tee be taken off the resolution for further study and explained the procedures followed when stop signs are requested. Resolution No. R94-25 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Tetens, that Resolution No. R94-25 be passed and approved on its 57 ME0 first and only reading, omitting the stop sign to be placed at the intersection of Green Tee Drive and Price Circle. Said Resolution No. R94-25 reads in caption, omitting the stop sign at Green Tee Drive and Price Circle, as follows: RESOLUTION NO. R94-25 A RESOLUTION AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND, SO AS TO CREATE A TWO-WAY STOP AT THE INTERSECTION OF SUNSET MEADOWS DRIVE AND WOODCHASE DRIVE (SUNSET MEADOWS SUBDIVISION); FURTHER TO CREATE A FOUR- WAY STOP AT THE INTERSECTION OF WESTMINISTER ROAD AND LONDON COURT; STOPS ON PICCADILLY CIRCUS AND CAMBRIDGE CIRCUS AT THEIR INTERSECTIONS WITH WESTMINISTER ROAD; A .L. STOP ON CAMBRIDGE CIRCUS (WESTBOUND) AT ITS INTERSECTION WITH ETON DRIVE; A STOP ON ETON DRIVE AT ITS INTERSECTION WITH CAMBRIDGE CIRCUS (BANBURY CROSS SUBDIVISION); AND FURTHER TO CREATE STOPS ON VEVA DRIVE AND LINDA DRIVE AT THEIR INTERSECTIONS WITH CAMPBELL DRIVE AND CHRISSIE DRIVE; AND STOPS ON CAMPBELL DRIVE AND CHRISSIE DRIVE AT THEIR INTERSECTIONS WITH MCLEAN ROAD (WILLOWICK SECTION 2 SUBDIVISION). Council discussed with Chief Hogg the methods used to conduct traffic studies. Voting "Aye" - Councilmembers Miller, Tetens, Weber, Richardson and Smith. Voting "No" - None. Motion passed 5 to 0. AWARD OF BID NO. B94-6, LANDFILL SITE LEASE Council considered a bid received from Frank Doherty in the amount Of $1,000.00. Division Director Burdine stated Staff did not feel the amount offered was enough to cover the costs involved. The possible liability of the site was discussed. Mr. Burdine recommended Council not award the bid. It was moved by Councilmember Weber, seconded by Councilmember Tetens, that Bid No. B94-6 be denied. Motion passed 5 to 0. ACCEPTANCE OF WILLOWICK TWO SUBDIVISION City Engineer Hargrove stated the subdivision consisted of Pulte Homes by developer Bob Campbell with Durwood Greene being responsible for the construction of streets, water and sewer. Mr. Hargrove recommended acceptance. It was moved by Councilmember Tetens, seconded by Councilmember Miller, that Willowick Two Subdivision be accepted into the City. Motion passed 5 to 0. PARTIAL WITHDRAWAL OF AWARD OF BID NO. B93-17, POLICE PATROL CARS Division Director Burdine recalled that some months ago a bid had been awarded to A. C. Collins Ford for four patrol cars and one fire bureau car. The dealer has informed the City it cannot meet the delivery time. The City can purchase the four patrol cars through a previous interlocal agreement with H -GAC for a slight additional cost, Mr. Burdine informed. Staff recommends, Mr. Burdine stated, the patrol cars be purchased in this manner with the fire bureau car being left for A. C. Collins to provide. Acting City Attorney Mieszkuc cautioned Council to follow its agenda and that it could withdraw its bid but not necessarily award NOTICE OF MEETING OF THE GOVERNING BODY OF CITY OF PEARLAND, TEXAS (Name of City or Town) Notice is hereby given that a REGULAR meeting of the governing body of the above (Special or Regular). named City or Town will be held on the 9 day of MAY , 19 94 , at 7:30 P.m., in the City Hall at 3519 LIBERTY DRIVE. PEARLAND , Texas, at which time the following subjects will be discussed, to -wit: Dated this the 6 day of SEE ATTACHED AGENDA MAY , 19 94 CITY OF PEARLAND, TEXAS (Name of City or Town) CITY RETARY I, the undersigned authority, do hereby certify that the above Notice of eeting of the governing body of the above named City or Town PEARLAND, TEXAS is a true and correct copy of said Notice and that I posted a true and correct copy of said Notice on the bulletin board, in the City Hall of said City or Town in PEARLAND , Texas, a place convenient and readily accessible to the general public at all times, and said Notice was posted on MAY 6, , 19 94 , at 4:15 o'clock P. M., and remained so posted continuously for at least 72 hours preceding the scheduled time of said Meeting, Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or braille, are requested to contact at five (5) work days (Name) (Phone) prior to the meeting so that appropriate arrangements can be made. Dated this the /,-L, day of 19. CITY OF PEARLAND, TEXAS (Name of City or Town) CITY CRETARY