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1995-03-13 CITY COUNCIL REGULAR MEETING MINUTES - 7:00PM232 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MARCH 13, 1995, 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 Interim City Secretary C. V. Coppinger David Smith D. A. Miller Richard Tetens Randy Weber Jerry Richardson Paul Grohman Amy McCullough Tommie Jean Vial Others in attendance: Assistant City Managers Glen Erwin and Richard Burdine; and Police Chief Mike Hogg. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Rev. Robert Besser of First United Methodist Church of Pearland. The Pledge of Allegiance was led by Councilmember Smith. APPROVAL OF MINUTES It was moved by Councilmember Tetens, seconded by Councilmember Richardson, that the minutes of the regular meeting of February 27, 1995, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger, assisted by Chief Mike Hogg, issued a proclamation proclaiming March 12-19, 1995 as Girl Scouts Week in Pearland. Mary Hokanson, Girl Scout and Sophomore of Pearland High School, was present to accept the proclamation. Mayor Coppinger, assisted by Councilmember Smith, proclaimed the month of March, 1995 as Red Cross Month in Pearland. Ms. Linda Almaguer accepted the proclamation in behalf of Steve Friedman of the American Red Cross, who was unable to attend the meeting due to illness. COUNCIL ACTIVITY REPORTS Councilmember Miller reported on the tour of the library given by Board Member Mrs. Betty Alexander. He said he was very impressed with the hard work being performed at the library and commended them for their efforts. Councilmember Miller also said he thought they needed more space and recommended that the City look into the possibility of expansion of the library. Councilmembers Tetens, Smith and Weber did not report. Councilmember Richardson reported he also toured the library and was impressed not only with those involved there, but with the report made by Steve Brown, Director of the Brazoria County Library System. Mr. Richardson said he was also impressed with the sizeable number of persons using the library and recommends the City's assistance towards expansion of the library. Councilmember Richardson expressed his appreciation to the Mayor for his leadership in Pearland and for the inspiration he has given not only to him but to the community as well. Mr. Richardson also commended the Mayor for his honorable and gentleman -way when taking a stand or position in events that have occurred in Pearland. The audience gave Mayor Coppinger a standing ovation. Mayor Coppinger thanked the audience for their applause and said that the City had to undergo a great change about three years ago in order to head us in the right direction. But, he said, with all the good people at City Hall and active participation by many, that the City of Pearland was headed in the right direction, and that he was extremely proud it occurred during his tenure. CITY MANAGER'S REPORT City Manager Paul Grohman reported that, weather permitting, progress should be made on the construction at the Service Center and the new Animal Shelter. He also reported the renovations on the Third Floor should be completed shortly and, hopefully, some will begin moving in this weekend. City Manager Grohman informed bids were opened today for the Centennial Park project and that they were higher than expected. Recommendations as to the award of bid will be presented to Council at the next meeting. He said this is a $1 million -plus park and recreation facility to be built on the west side of town. CITIZENS 1. Delores Fenwick, 1910 Washington Irving. Mrs. Fenwick, Executive Director of Clean Pearland, presented each Councilmember with a Clean Pearland Trash -Off bag and informed that April 1, was the Pearland Trash -Off and Clean Fest. She said groups will be cleaning up Pearland from 7:30 a. m. until Noon on that day. Thereafter, they will be at Independence Park where there will be food, drinks, games, booths, prizes and awards. One hundred dollar prizes will be awarded to the groups picking up the most trash and the groups having the largest participation. Mrs. Fenwick challenged the Council to fill up their bags and informed that a free t -shirt would be given at the time the bags are turned in at the Park. DOCKETED PUBLIC HEARINGS: NONE UNFINISHED BUSINESS ORDINANCE NO. 509-61, AMENDING LAND USE ORDINANCE AT REQUEST OF JASON METOYER, AGENT FOR RENEE WEST, OWNER, FROM CLASSIFICATION SD TO R-3 Ordinance No. 509-61 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Richardson, that Ordinance No. 509-61 be adopted on second and final reading. Said Ordinance No. 509-61 reads in caption as follows: ORDINANCE NO. 509-61 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 SOUTH OF WEST OAKS SUBDIVISION FROM CLASSIFI- CATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF JASON METOYER, REKHA ENGINEERING, INC., AGENT FOR RENEE WEST, WEST DEVELOPMENT, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, 234 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. NEW BUSINESS RESOLUTION NO. R95-16, RECOGNIZING THE FEDERAL AVIATION ADMINISTRATION AUTHORIZATION ACT OF 1994 AND ACKNOWLEDGING THE ACT'S PREEMPTION OF LOCATION REGULATION OF TOW TRUCKS Resolution No. R95-16 read in caption by Councilmember Richardson. It was moved by Councilmember Richardson, seconded by Councilmember Tetens that Resolution No. R95-16 be adopted. City Attorney Amy McCullough explained that Congress had passed the Federal Aviation Administration Authorization Act of 1994, which went into effect on January 1, 1995. She said this Act deregulated a cities' control over the rates, routes and services of wreckers within its city limits. However, this law is currently being reviewed and that the City Manager has already forwarded letters to all of our Congressmen and Senators in an effort to try to get this Act repealed to the extent that it affects wreckers. Ms. McCullough informed that other communities were trying to get this Act repealed, as well, and that there were some injunctions pending until this matter is resolved. In the interim, Ms. McCullough said, we need to make sure we are in compliance with the law and recommended approval of this resolution. We can then review the current ordinance and enforce it to the extent that it will comply. Continuing City Attorney McCullough advised, because we cannot regulate wrecker rates, routes and services, we have lost control over how many wreckers appear at an accident scene and over the rotation procedure. She said upon passage of this resolution, she will be able to review our Wrecker Ordinance and return to Council at a future meeting with her recommendations as to any possible changes. Voting "Aye" - Councilmembers Miller, Tetens, Smith, Weber and Richardson. Voting "No" - None. Motion passed 5 to 0. AUTHORIZATION FOR CITY MANAGER TO EXECUTE AGREEMENT WITH BRAZORIA COUNTY MOSQUITO CONTROL DISTRICT TO USE AERIAL SPRAYING OVER THE CITY City Manager Grohman informed this was an annual contract to give Brazoria County Mosquito Control District the ability to do aerial spraying over Pearland, and recommended its approval. It was moved by Councilmember Smith, seconded by Councilmember Richardson to authorize the City Manager to execute agreement with Brazoria County Mosquito Control District to use aerial spraying over the City of Pearland. Voting "Aye" - Councilmembers Richardson, Weber, Smith, Tetens, and Miller. Voting "No" - None. Motion passed 5 to 0. APPOINTMENT OF TWO MEMBERS TO THE ELECTRICAL BOARD Assistant City Manager Richard Burdine explained that Mr. Henry Clore had applied to be considered for the Electrical Board. However, since Mr. Clore is a journeyman electrician, he would not be eligible to serve in either of the two positions that are open. These positions require that they be filled by a representative of the power company and a licensed electrical contractor. Mr. Burdine informed that Charles Michna, who works for HL&P, and Robert Kettle, a licensed electrical contractor, have both agreed to serve again on the Board. It was noted there still is a vacancy on the Board requiring that it be filled by a professional engineer. It was moved by Councilmember Richardson, seconded by Councilmember Tetens, to reappoint Robert Kettle and Charles Michna to the Electrical Board. Motion passed 5 to 0. ADJOURNMENT The meeting adjourned at 7:59 p. m. Minutes approved as submitted and/or corrected A.D., 1995. ATTEST: Tommie Jean Xr1al Interim City Secretary this //0 day of 235