1994-09-26 CITY COUNCIL REGULAR MEETING MINUTESwe
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON SEPTEMBER 26, 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
City Attorney
City Secretary
C. V. Coppinger
David Smith
D. A. Miller
Richard Tetens
Randy Weber
Jerry Richardson
Paul Grohman
Amy Motes McCullough
Pat Jones
Others in attendance: Division Directors Glen Erwin and Richard
Burdine, City Engineer John Hargrove, and Chief of Police Mike
Hogg.
Mayor Coppinger apologized for the late start of the meeting,
noting that the zoning hearings had extended beyond their allotted
time.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Councilmember Richardson. The Pledge
of Allegiance was led by Councilmember Tetens.
APPROVAL OF MINUTES
It was moved by Councilmember Tetens, seconded by Councilmember
Smith, that the minutes of the regular meeting of September 12,
1994, be approved as submitted.
Motion passed 5 to 0.
It was moved by Councilmember Smith, seconded by Councilmember
Tetens, that the minutes of the special meeting of September 19,
1994, be approved as submitted.
Motion passed 5 to 0.
MAYOR'S ACTIVITY REPORT
Mayor Coppinger recognized Park Board members for their past
service. James Skipper accepted a certificate for twenty-four
years service on the board. Certificates will be mailed to Tootie
McComb and Bob Pond who were not present.
Mayor Coppinger proclaimed Knights of Columbus for the Hearing
Impaired Day. Jim Sudela and Mark Bujnoch accepted for the Knights
of Columbus.
Councilmember Weber assisted Mayor Coppinger in proclaiming Shriner
Hospital Benefit Day. Paul Clawson accepted for the Shriners.
Public Safety Awareness Day was proclaimed by Mayor Coppinger.
Councilmember Smith read the proclamation which was accepted by Pat
Henderson of the EMS, Buck Stevens of the Fire Department, and Matt
Zepeda of the Police Department.
Continuing his report, Mayor Coppinger noted many recent events.
The dedication ceremony for Lloyd Yost at the Drainage District,
the Chamber of Commerce's Community Leadership meeting, the city-
wide clean-up sponsored by Clean Pearland, the Council's special
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meeting of September 19, and H-GAC's long range transportation
planning meeting were all mentioned by Mayor Coppinger.
Condolences were offered by Mayor Coppinger in memory of Leon
Sablatura whose funeral was held on September 17.
Closing his report, Mayor Coppinger stated September 24 was a
wonderful day for the City. Marking the observance of the City's
Centennial Birthday, the events began with a parade at 10:00 A. M.
and continued throughout the day, Mr. Coppinger related, with a
luncheon hosted by the Historical Society at the Community Center
and activities in Independence Park. Mayor Coppinger displayed a
copy of the pictorial history book published for this occasion.
Mr. Coppinger remarked there was much recognition to be given to
the many people who contributed to the success of this day.
COUNCIL ACTIVITY REPORTS
Councilmember Miller reported his attendance at the special Council
meeting and at BCCA in Quintana on September 21. Mr. Miller
remarked that the Centennial events were fantastic.
At this time, John Duston and Dave Bilicki of the Banbury Cross
Homeowners Association were recognized. Representing the
Association, the gentlemen presented the City with a check for
$5,000 as a donation toward development of Hyde Park. This gift by
the homeowners association will cover the local match for the Texas
Forestry Service/Small Business Administration project to plant 100
trees in Hyde Park. Parks Director Ed Hersh and City Manager
Grohman accepted the check and thanked the Banbury Cross Homeowners
Association.
COUNCIL ACTIVITY REPORTS: CONTINUED
Councilmember Tetens read a list of employees who participated with
him in the September 17 clean-up along John Lizer Road, the spot
adopted by City employees. Mr. Tetens attended BCCA in Quintana on
September 21. Closing his report, Councilmember Tetens applauded
Centennial Day events.
Councilmember Smith recalled that the City will reach another
milestone in October, marking its 35th year of incorporation. Mr.
Smith met with the Clear Creek Watershed on September 21.
Councilmember Smith participated in the Centennial events with the
other Councilmembers and agreed with their comments.
Councilmember Weber attended the dedication ceremony for Mr. Yost
and reported he and Councilmember Smith recently drove around
Beltway 8 which provided insight to the impact the thoroughfare
will have on the City. Mr. Weber lauded the Centennial spirit
exhibited by all and commended those involved. Closing his report,
Councilmember Weber introduced Jerome Aldrich, candidate for
District Attorney.
Councilmember Richardson reported his attendance at the Chamber's
Leadership Committee meeting and stated he is looking forward to
the Community Bus trip planned for October 7 and 8. The
Centennial events were good, Councilmember Richardson reported,
complimenting Tom Reid, Chairman of the Centennial Commission, and
others for their participation.
Mayor Coppinger acknowledged a citizen's letter of appreciation to
Officer Bill Wagner of the Police Department for his assistance.
CITY MANAGER'S REPORT
City Manager Grohman stated it was good to be back after attending
his annual conference and taking some vacation time.
Mr. Grohman called on Division Director Burdine who gave a report
on H-GAC's planning meeting held here in Council Chambers on
September 20. Mr. Burdine informed a letter from Mayor Coppinger
was delivered to H -GAC representatives at the meeting regarding a
change in planning bikeways for our City and this will be corrected
in future planning. More consideration will be given to long-term
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planning for the widening of Dixie Farm Road from Beamer to State
Highway 35, Mr. Burdine reported.
Continuing his report, City Manager Grohman informed that the YMCA
road is under construction and county crews will be returning to
the City at the beginning of the budget year, October 1, to renew
our cooperative paving projects. Mr. Grohman reported cross -
training is being conducted in the Municipal Court and Utility
Billing Departments and reminded everyone there will be a Gang
Awareness workshop on October 5 at 7:00 P. M. in the Community
Center. Bids have been let for expansion of the Service Center as
well as the Animal Shelter, Mr. Grohman stated.
Addressing issues related to youth, City Manager Grohman informed
that Staff would soon bring a curfew ordinance to Council and
discussed reasons why it would be beneficial. Regency Park
Subdivision Homeowners Association has notified the City they are
willing to provide labor to clean graffiti when it occurs. Mr.
Grohman thanked the Regency Park and Banbury Cross Subdivisions for
their involvement with the City. We are working with the School
District, Mr. Grohman reported, to provide recreational activities
in the Junior High East school gymnasium. The City will provide
supervision for these weekend and summer activities.
City Manager Grohman commended all involved in Centennial events,
especially thanking the Commission consisting of Tom Reid, Dorothy
Cook, and Delores Fenwick. Mr. Grohman noted that Mrs. Fenwick is
an employee of Clean Pearland, another entity that works closely
with the City.
Closing his report, City Manager Grohman reminded all of the bus
trip planned for October 7 and 8. Mr. Grohman discussed some of
the details, stating last years trip was pivotal in the City's
planning and projections.
CHANGE IN THE ORDER OF BUSINESS
Mayor Coppinger requested a change in the order of business to
accommodate those in the audience. It was the consensus of Council
to hear Items 1, 4, and 5 under New Business at this time.
NEW BUSINESS
PRESENTATION BY LAIRSONOSTEPHENSOREIMER, P.C. REGARDING
EXTRATERRITORIAL JURISDICTION STUDY
Bob Stephens of LairsonoStephens* Reimer discussed at length a study
done by his firm of the City's ETJ. How the City's population
number affects the ETJ and future steps in the City's growth
process were discussed. Mr. Stephens introduced his staff and City
Manager Grohman reported he was pleased with the work done by this
firm.
AUTHORIZATION FOR CITY MANAGER TO ENGAGE SERVICES OF AIRPORT
CONSULTANT TO FILE FAA APPLICATION FOR ENVIRONMENTAL
ASSESSMENT/SITE ANALYSIS FOR CLOVER FIELD AIRPORT
Division Director Erwin recalled that Council had authorized Staff
to advertise for requests for qualifications for an airport
consultant. Seven proposals were received, Mr. Erwin stated, and
Staff is recommending Coffman Associates. The application to be
filed with the Federal Aviation Agency will be for 90/10 funding,
Mr. Erwin informed. The cost is projected to be $175,000. This
assessment/analysis is the next step in the purchase plan, Mr.
Erwin explained, and, concurrently, two appraisers will make market
value appraisals. Closing his remarks, Division Director Erwin
noted that Coffman had done the master plan, is familiar with the
project, and a good turnaround time is expected.
Citizen Input•
1. Tom Lay. Mr. Lay expressed his interest in Clover Field and
stated that Coffman had done a great job on the master plan.
Mr. Lay stated he was a little surprised at the cost.
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It was discussed that this is an excellent time to apply for
funding due to the FAA's fiscal year.
2. Rick Harris, 1811 Lazy Creek. Mr. Harris expressed his
interest in Clover Field, echoing the comments made by Mr.
Lay.
It was moved by Councilmember Smith, seconded by Councilmember
Richardson, that the City Manager be authorized to engage the
services of Coffman Associates, Airport Consultants, to file FAA
application for environmental assessment/site analysis for Clover
Field Airport.
Motion passed 4 to 1, with Councilmember Miller voting no.
RESOLUTION NO. R94-55, RESOLUTION IN SUPPORT OF ACQUISITION OF
CLOVER FIELD AIRPORT
Resolution No. R94-55 was read in caption by Councilmember Smith.
It was moved by Councilmember Smith, seconded by Councilmember
Richardson, that Resolution No. R94-55 be passed and approved on
its first and only reading.
Said Resolution No. R94-55 reads in caption as follows:
RESOLUTION NO. R94-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND
IN SUPPORT OF THE ACQUISITION OF CLOVER FIELD AIRPORT.
Mayor Coppinger stated that the term "acquisition" was not used in
the same sense as "purchase" at this time.
Councilmembers Tetens and Richardson expressed views that they
would vote affirmatively at this time; however, they would need
more information before further decisions could be made.
City Manager Grohman agreed that this information was needed so
that Council could make an educated decision.
Councilmember Miller expressed his viewpoints, stating that a
feasibility study and a master plan had already been done without
any real knowledge revealed. Mr. Miller stated that Friendswood
would receive twice the benefits that Pearland and Alvin would from
this venture. Continuing his remarks, Councilmember Miller stated
there are four runways at the airport but only one of them is
paved. Mr. Miller stated the terms "acquisition" and "purchase"
were synonymous and that no money could be taken out of the airport
for the next twenty years.
City Manager Grohman stated we have an interest in looking at this
as a business venture, not a tax issue.
Mayor Coppinger stated that the Chamber of Commerce has been
interested in this for some time.
Effects on taxing were discussed.
Voting "Aye" - Councilmembers Richardson, Weber, Smith, and Tetens.
Voting "No" - Councilmember Miller.
Motion passed 4 to 1.
CITIZENS: None
DOCKETED PUBLIC HEARINGS: NONE
UNFINISHED BUSINESS
ORDINANCE NO. 679, DETERMINING CHARGES FOR WATER AND SEWER SERVICES
Ordinance No. 679 was read in caption by Councilmember Tetens.
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It was moved by Councilmember Tetens, seconded by Councilmember
Weber, that Ordinance No. 679 be passed and approved on its second
and final reading.
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 second
and final reading.
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 Tetens, Smith, Weber, and Richardson.
Voting "No" - Councilmember Miller.
Motion passed 4 to 1.
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 Weber.
It was moved by Councilmember Weber, seconded by Councilmember
Smith, that Ordinance No. 450-16 be passed and approved on its
second and final reading.
Said Ordinance No. 450-16 reads in caption as follows:
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.
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Motion passed 4 to 1.
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
Richardson.
It was moved by Councilmember Richardson, seconded by Councilmember
Tetens, that Ordinance No. 532-1 be passed and approved on its
second and final reading.
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 Miller, Tetens, Smith, Weber, and
Richardson.
Voting "No" - None.
Motion passed 5 to 0.
MOTION TO REMOVE FROM TABLE - ACCEPTANCE OF OAKBROOK, SECTION 1,
RESERVE B
It was moved by Councilmember Weber, seconded by Councilmember
Richardson, that this item be removed from the table for
consideration.
Motion passed 5 to 0.
ACCEPTANCE OF OAKBROOK, SECTION 1, RESERVE B
City Engineer Hargrove informed all was in order with the
subdivision. City Manager Grohman informed that this was the first
subdivision from which impact fees will be collected.
It was moved by Councilmember Smith, seconded by Councilmember
Tetens, that, based upon the recommendation of the City Engineer,
the City accept Oakbrook Section 1, Reserve B.
Motion passed 5 to 0.
NEW BUSINESS
RESOLUTION NO. R94-51, AUTHORIZING CONTRACT WITH A PUBLIC NEWSPAPER
Resolution No. R94-51 was read in caption by Councilmember Miller.
Said Resolution No. R94-51 reads in caption as follows:
RESOLUTION NO. R94-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
BY AND BETWEEN A PUBLIC NEWSPAPER OF GENERAL CIRCULATION
IN THE CITY AND THE CITY OF PEARLAND AS THE OFFICIAL
NEWSPAPER OF THE CITY.
City Manager Grohman informed quotes were received from the
Reporter News and the Journal. Beginning October 1, the Journal
will go from publishing twice a week to once a week, Mr. Grohman
stated, and therefore, Staff recommends the Reporter News be given
the contract as they submitted a line rate of $0.75 as opposed to
the Journal's rate of $1.33.
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Discussion was held regarding requirements for the City's
newspaper. City Manager Grohman stated he would have the City
Attorney research this item, but felt the contract should go to the
low bidder.
It was moved by Councilmember Miller, seconded by Councilmember
Tetens, that Resolution No. R94-51 be passed and approved on its
first and only reading, with the City Manager authorized to execute
a contract with the Reporter News.
Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and
Miller.
Voting "No" - None.
Motion passed 5 to 0.
RESOLUTION NO. R94-54, DETERMINING THE POPULATION OF THE CITY
Resolution No. R94-54 was read in caption by Councilmember Tetens.
It was moved by Councilmember Tetens, seconded by Councilmember
Smith, that Resolution No. R94-54 be passed and approved on its
first and only reading.
Said Resolution No. R94-54 reads in caption as follows:
RESOLUTION NO. R94-54
A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, FINDING AND
DETERMINING THE POPULATION OF THE CITY OF PEARLAND TO BE
27,942.
City Manager Grohman explained the figures used to arrive at this
population count. As of August, 1994, there were 9,314 living
units. The School District uses the figure of 3.75 people per
household for its calculations. To be on the conservative side,
Staff used the number of 3 people per household and multiplied this
times the number of living units, 9,314, to determine a population
of 27,942, Mr. Grohman stated.
We feel this number more accurately reflects the true population,
Mr. Grohman explained, and raising the number allows us to control
the type of growth in the City's ETJ. The governing body has the
right to determine its population, City Manager Grohman stated.
Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and
Richardson.
Voting "No" - None.
Motion passed 5 to 0.
RESOLUTION NO. R94-56, AUTHORIZING GRANT THROUGH TEXAS FOREST
SERVICE
Resolution No. R94-56 was read in caption by Councilmember Weber.
It was moved by Councilmember Weber, seconded by Councilmember
Richardson, that Resolution No. R94-56 be approved on its first and
only reading.
Said Resolution No. R94-56 reads in caption as follows:
RESOLUTION NO. R94-56
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS ASSOCIATED WITH A SMALL BUSINESS
ADMINISTRATION TREE PLANTING GRANT THROUGH THE TEXAS
FOREST SERVICE, AND COMMITTING RESOURCES, AND AUTHORIZING
TREE PLANTING ON THE SITE.
Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and
Miller.
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Voting "No" - None.
Motion passed 5 to 0.
RESOLUTION NO. R94-57, A RESOLUTION DESIGNATING REPRESENTATIVES TO
H -GAC
Resolution No. R94-57 was read in caption by Councilmember
Richardson.
It was moved by Councilmember Richardson, seconded by Councilmember
Smith, that Resolution No. R94-57 be passed and approved on its
_ first and only reading, naming the Mayor and Mayor Pro Tem and
representative and alternate, respectively.
Said Resolution No. R94-57 reads in caption as follows:
RESOLUTION NO. R94-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, DESIGNATING REPRESENTATIVE AND ALTERNATE, HOUSTON-
GALVESTON AREA COUNCIL, GENERAL ASSEMBLY, 1995.
Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber, and
Richardson.
Voting "No" - None.
Motion passed 5 to 0.
OTHER BUSINESS
MEETING RECESSED TO EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
AT 10:08 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 11:09 P. M.
NEW BUSINESS: CONTINUED
DIRECTION TO STAFF REGARDING ACQUISITION OF LAND FOR STORM WATER
DETENTION SITES
It was moved by Councilmember Weber, seconded by Councilmember
Richardson, that the City Manager be authorized to have the land
surveyed and proceed with closing on the land.
For clarification, it was noted this land is in the Walcott
Subdivision and is the land for which contracts have been
previously offered by Council direction. A 250 acre tract, more or
less, will be surveyed and the cost of the land will be $2,000 per
acre.
Motion passed 5 to 0.
ADJOURNMENT
The meeting adjourned at 11:10 P. M.
Min,tes approved as submitted and/or corrected this day of
A. D., 1994.
C. V. C p' r, Mayor
ATTEST:
Pat Jones, ity Secretary, TRMC