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1994-08-22 CITY COUNCIL REGULAR MEETING MINUTES114 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON AUGUST 22, 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 Mayor Pro Tem/Councilmember Councilmember Councilmember Councilmember Councilmember City Manager Interim City Attorney City Secretary C. V. Coppinger David Smith D. A. Miller Richard Tetens Randy Weber Jerry Richardson Paul Grohman Barry Abrams Pat Jones Others in attendance: Division Director Richard Burdine, City Engineer John Hargrove, and Police Chief Mike Hogg. Absent from the meeting: Division Director Glen Erwin. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Chief Hogg. The Pledge of Allegiance was led by Councilmember Richardson. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the minutes of the regular meeting of August 8, 1994, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger read letters from citizens commending Police Department employees. Mayor Coppinger commended those involved in the retreat held at City Hall on August 13. Mayor Coppinger asked City Manager Grohman to comment on safeguards for misappropriation of funds during the manager's report. Mayor Coppinger reported his attendance at a new teacher reception sponsored by the Chamber of Commerce as well as the Chamber luncheon where City Manager Grohman spoke on economic development. Mayor Coppinger asked Councilmember Weber to comment on the Brazoria County Cities Association meeting which was hosted by the City on August 17. Mayor Coppinger commented on the coming Centennial parade and the City's history, noting that former Mayor Tom Reid was in the audience and would give an in-depth report on the Centennial Commission's progress. COUNCIL ACTIVITY REPORTS Councilmember Miller reported his attendance at the Park Board meeting on August 15 as well as BCCA on the 17th. Councilmember Tetens reported he attended the Council retreat on the 13th and BCCA on the 17th. Councilmember Tetens also attended an EMS barbecue honoring Dr. Prentice as did Mayor Coppinger and Councilmember Smith. Councilmember Smith reported the Emergency Medical Service made 37 runs between Friday afternoon and Monday morning with all services going well during this unusually heavy time. Councilmember Weber reported his attendance at the Council retreat on the 13th of August. Mr. Weber reported the Brazoria County Cities Association's guest speaker was Monte Akers from Texas Municipal League. Mr. Akers spoke on unfunded federal mandates which create financial hardships on municipalities. Councilmember Richardson attended the Council retreat on the 13th and commended the efforts of the Staff. CITY MANAGER'S REPORT City Manager Grohman, reporting on safeguards for City funds, stated that, in addition to the annual audit which is required by law, the City now has a better purchase order system, a physical inventory, and a closer working relationship among employees. Computerization of records will help also, Mr. Grohman stated, although there is no fool proof system. Mr. Grohman reported that CART, Combined Area Response Team, an alliance between Alvin, Friendswood, League City, and Pearland with SWAT capabilities, has been used twice in the last month. City Manager Grohman reported a grant in the amount of $8,100 has been received from the Texas Forestry Service. This is a matching grant and Clean Pearland has offered to contribute approximately $4,000 of the City's portion. These funds will be used to implement a tree ordinance, for tree preservation, and for an inventory of trees, Mr. Grohman informed. Mr. Grohman reported final word has been received and we are recommended for funding from H -GAC for preliminary engineering and environmental assessment in the amount of $280,000 for Dixie Farm Road. The City's portion to match these State highway monies is $70,000. Mr. Grohman stated it is hoped that by getting funding in the planning stage, the City may get funding for the construction stage. City Manager Grohman, upon inquiry by Mayor Coppinger, reported the preliminary reports from the Harris County Toll Road Authority don't seem favorable but noted there are still other things to do before a final determination can be reached. At this time, Mayor Coppinger called upon Tom Reid, Chairman of the Centennial Commission, to give an update. Mr. Reid stated he, former City Secretary Dorothy Cook, and Clean Pearland Executive Director Delores Fenwick had been given this assignment some time ago. Much thought and planning has been given to this venture, Mr. Reid related, and it was decided the City would have a year long celebration with various events held throughout the year. Mr. Reid discussed the logo and the Centennial painting which were done by local artist Ben Lenamon. A calendar with sketches done by Bill O'Dell of the Journal was displayed. Mr. Reid reported on the pictorial history book which is being done by Bartee Haile. Advance funding for the book was done by the Coppinger Family and the former West Side Bank, Mr. Reid informed. Book signing events will be held at various sites for those wishing to purchase signed copies. Continuing his report, Mr. Reid informed that school children had input into a book of poetry which Reverend Winfield Jones had compiled as the Centennial Poetry Book. Mr. Reid mentioned the combined efforts of area churches in a Ministerial Alliance Crusade which will begin August 28. Other events which have taken place so far this year were recalled and 116 Mr. Reid noted that the Chamber of Commerce, City Staff, Council and the Citizens of Pearland have been most responsive to the celebration. A major event will take place on September 24 with the parade and various other activities are being planned for that day. Mrs. Nell Fuller is Parade Chairman and Mrs. Paula Scardino is coordinating the activities to be held in Independence Park after the parade. There will be an Old Settlers' Reunion luncheon at the Community Center hosted by the Pearland Historical Society. Application was made and granted for a State historical marker for the depot building which houses the Chamber of Commerce. October 29 is the date planned for the dedication, Mr. Reid announced. T-shirts printed with the Centennial logo are available for -- purchase. McLean Park was renamed Centennial Park and City Staff is in the planning stages of construction of Centennial Boulevard which will allow ingress and egress to the City from the north near Hughes Road. Closing his remarks, Mr. Reid thanked all the organizations for their support. CITIZENS: None DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 509-53, AMENDING LAND USE ORDINANCE AT REQUEST OF FRED CESSAC, TRUSTEE ET AL Ordinance No. 509-53 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Richardson, that Ordinance No. 509-53 be passed and approved on its second and final reading. Said Ordinance No. 509-53 reads in caption as follows: ORDINANCE NO. 509-53 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 3500 BLOCK OF WALNUT AND THE 2500 BLOCK OF SOUTH GALVESTON FROM CLASSIFICATION GENERAL BUSINESS DISTRICT (GB) TO MULTI -FAMILY DISTRICT (MF) AND COMMERCIAL DISTRICT (C), AT THE REQUEST OF FRED CESSAC AND BILL CHASE, TRUSTEES, CATHY VANCE, JAMIE COX, TARA YOUNG, JAMES DEKERLEGAND, JERRY GODKIN, BOB RAGSDALE, BARBARA COOK, LOU NIMMONS, JACK MCGUFF, JR., AND THOMAS J. GRACE, OWNERS, 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, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. .._ ORDINANCE NO. 528-5, AMENDING CHAPTER SIX, ANIMALS AND FOWL, OF THE CODE OF ORDINANCES, ADDING SECTION 6-12.5, RESTRICTIONS ON KEEPING RATITES Ordinance No. 528-5 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Tetens, that Ordinance No. 528-5 be passed and approved on its second and final reading. 117 Said Ordinance No. 528-5 reads in caption as follows: ORDINANCE NO. 528-5 AN ORDINANCE AMENDING CHAPTER SIX, ANIMALS AND FOWL, OF THE CODE OF ORDINANCES, OF THE CITY OF PEARLAND, BY ADDING SECTION 6-12.5, RESTRICTIONS ON KEEPING ANIMALS IN CITY LIMITS - RATITES; PROVIDING A PENALTY FOR VIOLATION; A SAVINGS CLAUSE; AND PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS ORDINANCE NO. 675, ADOPTING A BUDGET FOR FISCAL YEAR BEGINNING OCTOBER 1, 1994, AND ENDING SEPTEMBER 30, 1995 Ordinance No. 675 was read in caption by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Ordinance No. 675 be passed and approved on its first of two readings. Said Ordinance No. 675 reads in caption as follows: ORDINANCE NO. 675 AN APPROPRIATION ORDINANCE ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1994, AND ENDING SEPTEMBER 30, 1995. Councilmember Weber questioned items on pages 48-49 regarding salaries in the Police Department. Councilmember Miller questioned items on pages 12-14 concerning salaries in the City Manager's office. A question was raised on page 72 regarding an allocation for Emergency Medical Service and it was explained that funds were appropriated in the event Councilmember Smith is no longer on Council next May and the position he holds becomes a paid position. The community service budget on page 85 was discussed at length. Other discussion ensued regarding water and sewer rate increases, garbage rate increases, possible sales tax increase, the rollback rate, transferring of funds, and changes in accounting procedures. Councilmember Weber raised the question of liability due to the Journal's recent reporting that the Chief of Police was named in a lawsuit and its possible impact on the budget. Interim City Attorney Abrams stated he would rather comment on this in a properly called executive session. Council and Staff discussed the rollback rate, timeframe for passage of the budget, and the considerations if it were not done in a timely manner. There being no further discussion, Council voted as follows: Voting "Aye" - Councilmembers Richardson, Smith, and Tetens. Voting "No" - Councilmembers Weber and Miller. Motion passed 3 to 2. ORDINANCE NO. 676, LEVYING TAXES FOR TAXABLE YEAR 1994 Ordinance No. 676 was read in caption by Councilmember Richardson. 8 It was moved by Councilmember Richardson, seconded by Councilmember Tetens, that Ordinance No. 676 be passed and approved on its first of two readings. Said Ordinance No. 676 reads in caption as follows: ORDINANCE NO. 676 AN ORDINANCE LEVYING TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF PEARLAND, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND OF THE TAXABLE YEAR 1994, AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE. City Manager Grohman, referring to earlier discussion, commented on the rollback rate, noting it is the same as the proposed tax rate — which is unusual. Even if it were put to a vote of the people, as suggested in previous discussion, Mr. Grohman informed, the result would be the same rate with nothing gained. After more discussion, the question was called. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 677, EXTENDING THE CITY LIMITS AND ANNEXING ALL AREA WITH SUCH LIMITS AND BOUNDARIES (AREA SOUTH OF WEST OAKS SUBDIVISION) Ordinance No. 677 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Ordinance No. 677 be passed and approved on its first of two readings. Said Ordinance No. 677 reads in caption as follows: ORDINANCE NO. 677 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R94-47, GUIDELINES AND CRITERIA REGARDING GRANTING TAX ABATEMENT IN CITY Resolution No. R94-47 was read in caption by Mayor Coppinger. Said Resolution No. R94-47 reads in caption as follows: RESOLUTION NO. R94-47 GUIDELINES AND CRITERIA FOR GRANTING TAX ABATEMENT IN A REINVESTMENT ZONE CREATED IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. In discussion, it was mentioned that this abatement policy was put in place by Brazoria County in 1989. It was also noted that due to State law, the School District is hampered from participating in a tax abatement program. Using the overhead projector, Division Director Burdine discussed guidelines and criteria for adopting a tax abatement program. The procedure for applying for an abatement was discussed. After more discussion, it was moved by Councilmember Smith, seconded by Councilmember Tetens, that Resolution No. R94-47 be passed and approved on its first and only reading. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION TO DONATE A SURPLUS ANIMAL CONTROL CAGE TO THE CITY OF FRIENDSWOOD It was moved by Councilmember Smith, seconded by Councilmember Weber, that authorization be given to donate a surplus animal control cage to the City of Friendswood. Motion passed 5 to 0. ACCEPTANCE OF BRIARGLEN, SECTION ONE City Engineer Hargrove explained this subdivision consists of eleven acres with approximately thirty lots. All is in order and it is recommended to accept Briarglen, Section One, Mr. Hargrove informed. It was moved by Councilmember Tetens, seconded by Councilmember Miller, that Briarglen, Section One, be accepted into the City. Motion passed 5 to 0. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE AT 9:12 P. M. Mayor Coppinger read from the posted agenda the following topics to be discussed in Executive Session: Section 551.071 - Consultation with attorney - Discussion with legal counsel regarding contemplated and pending litigation by Frances Jamison. Section 551.072 - Real property - Discussion regarding proposed purchase of land for city facility sites. Section 551.074 - Personnel - Discussion regarding filling city attorney's position. MEETING RETURNED TO OPEN SESSION AT 10:54 P. M. NEW BUSINESS: CONTINUED COUNCIL DECISION REGARDING CONTEMPLATED AND PENDING LITIGATION BY FRANCES JAMISON It was the consensus of Council to refer this item to the attorney for appropriate action. INSTRUCTION TO STAFF REGARDING PURCHASE OF LAND FOR CITY FACILITY SITES It was moved by Councilmember Smith, seconded by Councilmember Tetens, that the City Manager be authorized to enter into negotiations with Brazoria County Mud No. 1 and the other property owners in the area for the purchase and operation of a regional wastewater treatment plant in the Southwyck area; that the City 120 Manager be further authorized to enter into negotiations with adjacent property owners for the expansion of the Service Center at Orange Street and Old Alvin Road; and, finally, that the City Manager be authorized to enter into negotiations with the property owners on Oiler and Centennial Drive right-of-way. It was noted that Councilmember Smith would assist in these negotiations as needed. Motion passed 4 to 0, with Councilmember Smith abstaining. COUNCIL DECISION ON FILLING OF CITY ATTORNEY'S POSITION It was moved by Councilmember Richardson, seconded by Councilmember Tetens, that the City Manager be authorized to hire Amy McCullough at a salary between $42,000 and $48,000 as the full time city attorney; that the City Manager be authorized to hire an executive secretary to assist in that effort; that the City Manager be authorized to engage Olson and Olson as the backup support; and that the City Manager be authorized to disengage Attorney Mark Porter within the next ninety days. It was clarified that the secretarial position mentioned will be for a legal secretary rather than an executive secretary. Motion passed 5 to 0. ADJOURNMENT The meeting adjourned at 11:00 P. M. Min•tes approved as submitted and/or corrected this /,I--) day of A. D., 1994. ATTEST: Pat Jones, ty Secretary, TRMC C. V. Cop5fnger, Mayor