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1994-09-12 CITY COUNCIL REGULAR MEETING MINUTES121 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON SEPTEMBER 12, 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 Attorney Assistant City Secretary C. V. Coppinger David Smith D. A. Miller Richard Tetens Randy Weber Jerry Richardson Amy Motes McCullough Tommie Jean Vial Others in attendance: Division Directors Richard Burdine and Glen Erwin, Police Chief Hogg, and City Engineer John Hargrove. Absent from the meeting: City Manager Paul Grohman and City Secretary Pat Jones. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Weber. The Pledge of Allegiance was led by Councilmember Smith. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Smith, that the minutes of the regular meeting of August 22, 1994, be approved as presented. Councilmember Weber questioned whether the budget had passed on first reading as reflected in the minutes. Reading from the Charter, Section 8.09, Vote Required for Adoption, Mr. Weber asked if the vote required was four of six or three of five. City Attorney McCullough advised that she had researched this point and had found case law which mirrors the language in the City Charter. The phrase "majority of the members of the whole Council" is defined to include all voting members and excludes the Mayor, Mrs. Cullough ruled. Based on this research, information provided by Barry Abrams' law firm and her interpretation of the Charter, City Attorney McCullough stated she felt the budget had passed on a 3-2 vote. It was noted that previous budgets had been adopted by a 3-2 vote. Councilmember Weber stated that he had spoken with Mrs. McCullough this afternoon and requested that an opinion from the firm of Olson and Olson be obtained on this matter. City Attorney McCullough confirmed this, stating she had contacted the firm; however, they were not able to give an opinion on such short notice. Mayor Coppinger questioned how to proceed on voting on the minutes and Mrs. McCullough advised to go forward with voting on them and address the budget item when it came up on the agenda for second reading. Councilmember Miller stated there were opinions in the City's records from two previous City Attorneys, Dick Gregg and Lester Rorick, in which they interpreted the entire City Council to be all six people. Mr. Miller continued his remarks, stating that the Charter indicates that the entire City Council consists of the Mayor which would be six people. Concluding his comments, Councilmember Miller stated that since the authors of the Charter saw fit to make special mention with regard to the entire City 1�2 Council that they meant all six people. Mayor Coppinger responded that he had understood the City Attorney to advise that the language is different based upon the application that is being discussed in the Charter. Mr. Coppinger commented that he knew that Councilmember Miller was alluding to the decision that it requires four votes to fire the city manager. Councilmember Miller answered that was his point. If a 3-2 vote, or a simple majority of the five voters, pertaining to the adoption of the budget, is all that is needed, then why was special mention made in the Charter with regard to the budget. City Attorney McCullough stated that she wasn't on Staff when Mr. Gregg made his interpretation and that he was referring to a different section than is being addressed now. In order to comply with one section of the Charter without acting contrary to another section, Mrs. McCullough continued, we have to interpret and dissect the language in that particular section. The section with regard to adopting the budget refers to members of the whole Council and I interpret that to be members who vote, Mrs. McCullough informed. In the section of the Charter referring to the city manager's position, they do not use the term members, City Attorney McCullough stated. Mayor Coppinger called for a vote on the minutes. Motion passed 3 to 2, with Councilmembers Weber and Miller voting no. MAYOR'S ACTIVITY REPORT Mayor Coppinger, assisted by Police Chief Hogg, proclaimed September 24 as Centennial Day in the City. Tom Reid, Chairman of the Centennial Commission, accepted the proclamation. Mr. Reid recognized Delores Fenwick of the Centennial Commission and Nell Fuller, Parade Chairperson. Dorothy Cook, Commission member, and Paula Scardino, Park Activities Chairperson, were also mentioned but not present. Chief Hogg discussed the parade activities, stating the entries will assemble on both North and South Grand and proceed east on Broadway. Broadway (FM 518) will be closed for approximately two hours beginning at 10:00 A. M. from Main Street (Hwy 35 ) to Liberty Drive. Some of the marching or walking units will end their participation at the Kroger Shopping Center or First Bank parking lots. Independence Park will be closed to vehicles except those having booths or events in the park. Remote parking sites will be at City Hall, the Community Center, and the new high school. Shuttles will run. Delores Fenwick announced the Chamber of Commerce is sponsoring a kick-off dance on the 17th at the new Knights of Columbus Hall. The Number 1 signed print of the Centennial painting will be auctioned off at this event. September 22 was proclaimed as American Business Women's Day by Mayor Coppinger. Councilmember Richardson read the proclamation which was accepted by members of the ABWA. Occupational Health Nurses Day was proclaimed by Mayor Coppinger. Myrlene Cox, R.N., accepted the proclamation which was read by Councilmember Smith. Mayor Coppinger proclaimed the week of September 17-23 as Constitution Week. Members of the Daughters of the American Revolution accepted the document. Councilmember Tetens assisted POW/MIA Recognition Week. Nell the VFW post. Mayor Coppinger in proclaiming Fuller accepted the document for Mayor Coppinger attended a seminar on hurricane preparedness and announced there will be a planning seminar on this subject for elected officials on October 13 in San Antonio. Mayor Coppinger announced he participated in the Ministerial Alliance Centennial Crusade as well as the Muscular Dystrophy Fund Drive. A reception was hosted for two representatives of Senator Gramm's staff on September 1 at City Hall, Mayor Coppinger informed. Mayor Coppinger attended the opening ceremonies for the new Knights of Columbus Hall and reminded all of the community bus trip on October 7 and 8. H-GAC's public hearing on long range transportation plans will be held at City Hall on September 20. COUNCIL ACTIVITY REPORTS Councilmembers Miller and Tetens had nothing to report at this time. Councilmember Smith read a letter from the Governor's Office stating the City's emergency management plan has been reviewed and meets all standards and criteria of State and Federal regulations. Councilmember Weber commended Councilmember Smith for his volunteer work throughout the City. Councilmember Weber reported he met with Catherine O'Brien and Arch Helton, who is the individual interested in drilling the oil well near Green Tee Subdivision. Mr. Weber reported they visited several oil well sites in various stages throughout Brazoria County. Closing his report, Councilmember Weber stated his appreciation for the Ministerial Alliance Centennial Crusade and its effect on his family. Councilmember Richardson also commended all who participated in the Crusade. Mr. Richardson complimented Councilmember Smith for the efforts put forth in the compilation of the emergency management manual. Councilmember Richardson reported he participated in the reception for Senator Gramm's staff. CITY MANAGER'S REPORT Division Director Burdine reported in City Manager Grohman's absence. There will be a ceremony on September 14 at the Brazoria County Drainage District No. 4 facility to rename the building in honor of Lloyd Yost who retired from the District, Mr. Burdine informed. A gang awareness workshop will be held at the Community Center on October 5. Official word has been received from the Texas Forest Service that the tree planting grant for Hyde Park has been approved for funding by the Small Business Association, Mr. Burdine stated. The SBA will fund approximately $13,000 with local funds to be matched in that amount. Banbury Cross Homeowners Association has agreed to donate approximately half of our local cost, Mr. Burdine closed. CITIZENS 1. Everett Kaminsky, 2707 Livingston. Mr. Kaminsky spoke for the West Side Civic Club and presented Crime Watch t -shirts to the Council and some of the Staff. The West Side Civic Club supports Crime Watch activities, Mr. Kaminksy stated. 2. Willard Briley, 3118 Founders Green. Mr. Briley questioned an increase in his residential sewer rate. It was explained to Mr. Briley that the sewer rate is based upon how much water is used. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS 124 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 Smith. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 675 be passed and approved on its second and final reading. Councilmember Weber stated he would like to postpone voting on the budget due to the controversy surrounding the cost of living allowance that has been raised by the Police Department and due to the possible liability from the lawsuit involving the Police Chief. Mr. Weber recommended the controversy in the Police Department be discussed and that the Council look at the testimony from the Chief regarding the lawsuit. Division Director Burdine explained from the Charter the consequences of not adopting the budget in a timely manner. Failure to adopt would wreak havoc in trying to administer the budget as well as property tax collection, Mr. Burdine stated. Mayor Coppinger stated the police pay plan can be altered within the constraints of the budget. Mr. Coppinger stated he has received a letter from our insurance carrier stating they will defend the Police Chief, the City Secretary, and the Mayor who are all named in the litigation. There is, however, Mayor Coppinger reported, a disclaimer in the correspondence to the extent that if it is brought out there has been illegal activities they might not provide a defense. Mayor Coppinger stated he felt the impact, if any, would be in next year's budget, not this one. Councilmember Smith called for the question. 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. 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 Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that Ordinance No. 676 be passed and approved on its second and final reading. 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. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. 125 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 Weber. It was moved by Councilmember Weber, seconded by Councilmember Smith, that Ordinance No. 677 be passed and approved on its second and final reading. 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. NEW BUSINESS RESOLUTION NO. R94-48, APPROVING RESOLUTION OF MUD NO. 4 AUTHORIZING ISSUANCE OF SERIES 1994 TAX BONDS Resolution No. R94-48 was read in caption by Councilmember Richardson. -�. It was moved by Councilmember Richardson, seconded by Councilmember Tetens, that Resolution No. R94-48 be passed and approved on its first and only reading. Said Resolution No. R94-48 reads in caption as follows: RESOLUTION NO. R94-48 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, APPROVING THE RESOLUTION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 4, OF BRAZORIA COUNTY, TEXAS, AUTHORIZING THE ISSUANCE OF ITS SERIES 1994 UNLIMITED TAX BONDS AND WAIVING PREMIUM CALL PROVISIONS OF REDEMPTION REQUIREMENTS FOR THE BONDS. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. AWARD OF BID NO. R94-12, ELECTRICAL SERVICES FOR CITY Council considered bids received from R & B Electric and Billy Davis Electric. Division Director Burdine informed Staff recommends award be made to R & B Electric. It was moved by Councilmember Weber, seconded by Councilmember Richardson, that Bid No. B94-12 be awarded to R & B Electric. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO ENGAGE AN ENGINEERING SURVEYING FIRM TO FURTHER DEFINE MARY'S CREEK OUTFALL 126 Mayor Coppinger informed a workshop had been held prior to this meeting and this question had been discussed at length. It was moved by Councilmember Weber, seconded by Councilmember Tetens, that the City Manager be authorized to engage an engineering surveying firm to further define Mary's Creek outfall with the cost to be between $30,000 and $40,000. Mayor Coppinger explained the City is contesting some FEMA figures which will greatly expand the flood zone and the floodplain and if this is not done, citizens will suffer due to higher insurance costs and unusable land. Motion passed 5 to 0. RECEIVE INTO RECORDS RECOMMENDATION FROM PLANNING AND ZONING COMMISSION REGARDING ZONING BOARD OF ADJUSTMENT'S REQUEST TO AMEND ORDINANCE NO. 509, SECTION 29.7 AND 27.3 AND COUNCIL DECISION THEREON Division Director Burdine explained there had been a situation some months ago where a variance was granted by the Zoning Board of Adjustment and after it was granted, an adjacent property owner complained that he hadn't been notified. The ZBA discussed on several occasions how to improve this situation and finally suggested giving the applicant forms to take to adjacent owners to sign whether they approved or not. Two of the Board members who strongly supported this idea are no longer on the Board, Mr. Burdine informed. The Planning and Zoning Commission does not recommend this approach. Some options used by other cities will probably be considered but this Board's operation is clearly outlined by State law and any changes will best be left to legal recommendation. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that Council accept the recommendation of the Planning and Zoning Commission in denying this request. Motion passed 5 to 0. ~� Mayor Coppinger thanked the Board and the Commission for their interests in this matter. RESOLUTION NO. R94-49, APPROVING RATE INCREASE FOR TEXAS -NEW MEXICO POWER COMPANY Resolution No. R94-49 was read in caption by Councilmember Miller. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Resolution No. R94-49 be passed and approved on its first and only reading. Said Resolution No. R94-49 reads in caption as follows: RESOLUTION NO. R94-49 A RESOLUTION APPROVING THE STIPULATION AND JOINT MOTION FOR APPROVAL OF RATE INCREASE FOR TEXAS -NEW MEXICO POWER COMPANY AND REQUESTING THE PUBLIC UTILITY COMMISSION OF TEXAS TO ENTER AN ORDER SETTING RATES THAT ARE CONSISTENT WITH THE STIPULATION. r Voting "Aye" - Councilmembers Richardson, Smith, and Tetens.�� Voting "No" - Councilmembers Weber and Miller. Motion passed 3 to 2. RESOLUTION NO. R94-50, URBAN AND COMMUNITY FORESTRY PROGRAM GRANT REQUEST Resolution No. R94-50 was read in caption by Councilmember Weber. 27 It was moved by Councilmember Weber, seconded by Councilmember Tetens, that Resolution No. R94-50 be passed and approved on its first and only reading. Said Resolution No. R94-50 reads in caption as follows: RESOLUTION NO. R94-50 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS ASSOCIATED WITH THE "URBAN AND COMMUNITY FORESTRY PROGRAM" GRANT REQUEST AND COMMITTING SHARED COST OF THE PROJECT AS DESCRIBED IN THE GRANT APPLICATION. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 679, DETERMINING CHARGES FOR WATER AND SEWER SERVICES Ordinance No. 679 was read in caption by Councilmember Richardson. It was moved by Councilmember Richardson, seconded by Councilmember Tetens, that Ordinance No. 679 be passed and approved on its first of two readings. Said Ordinance No. 679 reads in caption as follows: ORDINANCE NO. 679 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING CHARGES FOR WATER AND SEWER SERVICES FURNISHED BY THE CITY, AS PROVIDED IN CHAPTER 30, ARTICLE II, SECTION 30-38 OF THE CODE OF ORDINANCES; REPEALING PREVIOUS WATER AND SEWER SERVICE RATE SCHEDULES; PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Richardson, Weber, Smith, and Tetens. Voting "No" - Councilmember Miller. Motion passed 4 to 1. ORDINANCE NO. 680, DETERMINING CHARGES FOR SANITATION SERVICE Ordinance No. 680 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 680 be passed and approved on its first of two readings. Said Ordinance No. 680 reads in caption as follows: ORDINANCE NO. 680 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DETERMINING CHARGES FOR SANITATION SERVICE FURNISHED BY THE CITY AS PROVIDED IN CHAPTER 12, ARTICLE II, SECTION 12-31 OF THE CODE OF ORDINANCES, REPEALING PREVIOUS SANITATION SERVICE RATE SCHEDULES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Richardson, Weber, Smith, and Tetens. Voting "No" - Councilmember Miller. Motion passed 4 to I. • ORDINANCE NO. 450-16, AMENDING ORDINANCE NO. 450, ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY Ordinance No. 450-16 was read in caption by Councilmember Tetens. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Ordinance No. 450-16 be passed and approved on its first of two readings. Chief Hogg explained that whenever there was a change in the number of positions or salaries in the Police Department it must be done by the governing body. Passage of this ordinance will add three police officers' positions, and if the next item on the agenda is approved, it will delete one lieutenant's position and add an assistant chief's position, Mr. Hogg informed. Citizen Input: 1. Rob Harding, 2504 Alexander Lane, #416. Officer Harding, representing the Pearland Patrolmen's Association, stated the issue he wished to address was more related to the budget rather than additional positions in the Police Department because it pertains to salaries. Mr. Harding stated the Association had withdrawn its support of the new proposed pay plan for Pearland classified employees. The group advocates remaining under the current pay system and asks to be considered for an equal 4%, across the board, cost of living raise like all other employees. Mr. Harding stated the Association's reasons for withdrawing its support. 2. Roy Castillo, 4805 Scott Lane. Officer Castillo stated he was a member of the Policemen's union, but he was speaking for himself. Mr. Castillo stated his support of the pay plan as presented. 3. Ron Fraser, 1302 E. Broadway, #597. Officer Fraser stated he was the author of the pay proposal and offered to answer questions from the Council. When questioned, Mr. Fraser responded that it was his belief that a majority of all the police officers were still in favor of the original pay proposal. When questioned whether he was aware when he prepared the pay proposal that the majority of the patrol officers would receive a 2% raise, Mr. Fraser responded that they intended to ask for a cost of living adjustment on top of the proposal. A 5.3% increase was asked for on top of the proposal as that was the cost of living adjustment for this area for the last year, Mr. Fraser stated. Mr. Grohman had advised him those funds were not available in the budget and that it would be 2%, Mr. Fraser reported. During this discussion, Mayor Coppinger interjected that Chief Hogg would give an explanation which would involve an overall five year plan. Chief Hogg thanked all of the officers for their comments, but stated this proposed pay plan was part of an overall long range plan. Mr. Hogg discussed merits of this plan, explaining that the patrolmen got larger raises last year. Chief Hogg commended Officer Fraser for his work on the pay plan, stating it was a better plan overall than the one he, himself, had originally prepared. This year is the last step in our overall plan, Mr. Hogg explained. Closing his remarks, Chief Hogg compared the City's pay plan for the Police Department to other cities. Our officers will have take home vehicles, unlimited training, hand held radios, and other items that the City of Houston, for example, does not provide its officers. Councilmember Smith called the question. Said Ordinance No. 450-16 reads in caption as follows: 129 ORDINANCE NO. 450-16 AN ORDINANCE AMENDING ORDINANCE NO. 450 AS THE SAME MAY HAVE BEEN FROM TIME TO TIME AMENDED FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF CITY OF PEARLAND, PURSUANT TO SECTION 143.0921 OF THE LOCAL GOVERNMENT CODE OF THE STATE OF TEXAS; PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A REPEALING CLAUSE, AN EFFECTIVE DATE AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "Aye" - Councilmembers Richardson, Weber, Smith, and Tetens. Voting "No" - Councilmember Miller. Motion passed 4 to 1. RESOLUTION NO. R94-52, ABOLISHING LIEUTENANT'S POSITION, CREATING ASSISTANT CHIEF'S POSITION Resolution No. R94-52 was read in caption by Councilmember Weber. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Resolution No. R94-52 be passed and approved on its first and only reading. Councilmember Weber recalled that concern was expressed some time ago about having more officers on the streets and having less supervisory personnel. Councilmember Weber inquired what effect this would have on the numbers in the department. Chief Hogg responded this would help him and he is recommending Lieutenant Chris Doyle who has developed in his career to fill this position. This would allow Officer Doyle to be compensated as he has filled in previously in the Chief's absence. Said Resolution No. R94-52 reads in caption as follows: RESOLUTION NO. R94-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ABOLISHING ONE (1) POSITION OF LIEUTENANT AND CREATING ONE (1) POSITION OF ASSISTANT CHIEF, AND AUTHORIZING THE CHIEF OF POLICE TO APPOINT ONE ( 1) PERSON TO SUCH POSITION AND PROVIDING AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Richardson, Weber, Smith, and Tetens. Voting "No" - Councilmember Miller. Motion passed 4 to 1. RESOLUTION NO. R94-53, AUTHORIZING STOP SIGNS IN BRIARGLEN, OAKBROOK, AND DIXIE WOODS SUBDIVISIONS Resolution No. R94-53 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Tetens, that Resolution No. R94-53 be passed and approved on its first and only reading. Said Resolution No. R94-53 reads in caption as follows: RESOLUTION NO. R94-53 A RESOLUTION AUTHORIZING AND DIRECTING THE PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND SO AS TO CREATE STOPS UPON JOHN STREET AT ITS INTERSECTION WITH PAUL STREET, UPON BRIARGLEN AND JOHN COURT AT THEIR INTERSECTIONS WITH JOHN STREET (BRIARGLEN SUBDIVISION); AND FURTHER TO CREATE STOPS UPON OAK FOREST DRIVE AT ITS INTERSECTION WITH OAKBROOK DRIVE, UPON OAK CHASE COURT, OAK TRACE COURT, AND OAK PLACE COURT AT THEIR INTERSECTIONS WITH OAK FOREST DRIVE (OAKBROOK 130 SUBDIVISION, SECTION ONE, RESERVE "B"); AND FURTHER TO CREATE STOPS UPON DIXIE WOOD DRIVE AT ITS INTERSECTION WITH MCDONALD ROAD, UPON FALLEN OAK COURT AT ITS INTERSECTION WITH PINEY WOODS DRIVE, UPON HICKORY COURT AND FALLEN OAK COURT AT THEIR INTERSECTIONS WITH EVERGREEN DRIVE, AND UPON FALLEN OAK COURT AT ITS INTERSECTION WITH DIXIE WOODS DRIVE (DIXIE WOODS SUBDIVISION, SECTION ONE, PHASE ONE). Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and Richardson. Voting "No" - None. Motion passed 5 to 0. ACCEPTANCE OF OAKBROOK, SECTION 1, RESERVE B City Engineer Hargrove stated some items were incomplete and asked that this item be deleted. It was moved by Councilmember Weber, seconded by Councilmember Richardson, that this item be postponed. City Attorney McCullough advised Council to word its motion to table rather than postpone or delete. The motion was restated by Councilmember Weber to table this item to a future agenda. Motion was seconded by Councilmember Richardson. Motion passed 5 to 0. ACCEPTANCE OF DIXIE WOODS, SECTION ONE, PHASE ONE City Engineer Hargrove stated all was in order and recommended acceptance conditioned upon their passing their bacteriological water test. It was moved by Councilmember Tetens, seconded by Councilmember Smith, that Dixie Woods, Section One, Phase One, be accepted ~-- contingent upon passing the water test. It was determined this test is for the drinking supply. Motion passed 5 to 0. ORDINANCE NO. 532-1, AMENDING ORDINANCE NO. 532, FLOOD HAZARD PREVENTION, FOR THE PURPOSE OF INCREASING MINIMUM FLOOD ELEVATIONS Ordinance No. 532-1 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Tetens, that Ordinance No. 532-1 be passed and approved on its first of two readings. Mayor Coppinger stated this subject had been discussed previously in workshops and this is to correct an inconsistency in our ordinances. Said Ordinance No. 532-1 reads in caption as follows: ORDINANCE NO. 532-1 AN ORDINANCE AMENDING ORDINANCE NO. 532, THE FLOOD HAZARD PREVENTION ORDINANCE, AT ARTICLE 4, SECTION B(1) AND B(2) AND ARTICLE 4, AT SECTION D(1) AND (2)(i), FOR THE PURPOSE OF INCREASING MINIMUM FLOOD ELEVATIONS FROM "ABOVE THE BASE FLOOD" TO "ONE FOOT ABOVE THE BASE FLOOD"; PROVIDING FOR A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE, A PENALTY, PUBLICATION, AND RECORDING. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. APPOINTMENT OF THREE MEMBERS TO THE PARKS BOARD It was moved by Councilmember Richardson that Vincent Bruno, Bobby Stevener, and Rosella Webb be considered for appointment to the Parks Board for three year terms. Councilmember Tetens stated he would like to add the name of Larry Wilkins for consideration. Council concurred that it would choose three out of the four. Motion was seconded by Councilmember Smith. Vincent Bruno was selected with a vote of 5 to 0. Bobby Stevener was selected with a vote of 5 to 0. Rosella Webb was selected with a vote of 3 to 2, with Councilmembers Smith and Tetens voting no. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE AT 9:37 P. M. Mayor Coppinger read from the posted agenda the following topic to be discussed in Executive Session: Section 551.072 - Acquisition of land - Discussion of possible purchase of storm water detention sites. MEETING RETURNED TO OPEN SESSION AT 10:27 P. M. NEW BUSINESS: CONTINUED DIRECTION TO STAFF REGARDING ACQUISITION OF LAND FOR STORM WATER DETENTION SITES Mayor Coppinger referenced a letter from the Harris County Toll Road Authority which advises us that they have no further interest in the property that the City was planning on acquiring for a detention pond on the Pearland side of Clear Creek. They do not have any interest in the property, either for fill dirt or for detention facilities. Mayor Coppinger asked Council's direction to the Staff for the option the City has on the property which will expire October 1. It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that Staff look into what can be done with the property, proceeding to use it as a detention area and determining how much property adjacent to this can be acquired by trading some of the existing high land for more of the floodplain land. Motion passed 5 to 0. ADJOURNMENT The meeting adjourned at 10:28 P. M. Mir tes approved as submitted and/or corrected this oZ 4 day of A. D., 1994. C. V. Coppfnjer, M or ATTEST: Pat Jones, jity-Secretary,