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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 137 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 138 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. 139 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. 140 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. 141 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. 142 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. 143 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