Loading...
1993-04-12 CITY COUNCIL REGULAR MEETING MINUTESF MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON APRIL 12, 1993, 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 C. V. Coppinger Mayor Pro Tem/Councilmember Randy Weber Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary D. A. Miller Benny Frank Joy Colson David Smith Paul Grohman Lester Rorick Pat Jones Others in attendance were Division Directors Richard Burdine and Glen Erwin, Police Chief Mike Hogg, City Engineer John Hargrove, and Parks Director Ed Hersh. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Chief Hogg. The Pledge of Allegiance was led by Councilmember Colson. APPROVAL OF MINUTES It was moved by Councilmember Colson, seconded by Councilmember Frank, that the minutes of the regular meeting of March 29, 1993, be approved as presented. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger proclaimed the sixth annual Crawdad Jamboree and Knights of Columbus representatives accepted the proclamation, presenting Mayor Coppinger with a t -shirt and announcing Mayor Coppinger to be the Number One Crawdad in Pearland. Mayor Coppinger proclaimed the week of April 11 - 17 as "Emergen- cy Communications Dispatchers Week." Dispatcher Karen Denby and Captain Jay Chapman of the Police Department accepted the procla- mation. Mayor Coppinger presented certificates of appreciation to former Animal Control Board Members Bobby Stevener and Susan Elam. Mayor Coppinger was assisted by City Manager Grohman and Chief Hogg who thanked them for their service to the City in this capacity. Member Bill Pratt was also recognized but was not present to receive this acknowledgement. Mayor Coppinger reported he attended the League of Women Voter's annual meeting and the Tri -Tech breakfast which supports economic development. Mayor Coppinger advised he and City Manager Grohman, at Council's direction, had visited with the Highway Department regarding the City's request for esplanades for the portion of FM 518 soon to be widened. Mayor Coppinger informed the meeting was cordial but the response was negative for these green areas without a lengthy delay and considerable additional expense to the City. However, other projects of interest to the City were discussed and the overall tone of the meeting was amiable, Mayor Coppinger said. Closing his remarks, Mayor Coppinger commended Clean Pearland for its recent activities for beautification throughout the City. COUNCIL ACTIVITY REPORTS Councilmember Miller reported his attendance at the Tri -Tech breakfast and the annual Easter Egg Hunt, commending those in- volved in this yearly event. Councilmember Frank reported he, too, attended the Tri -Tech breakfast. Mr. Frank stated he received calls at home following the last Council meeting and ensuing articles in the newspaper. Mr. Frank reported he has received a letter signed by 42 senior citizens in which they state they wish to keep him as their liaison. Councilmember Weber reported his attendance at the Tri -Tech breakfast and commended this group's efforts toward economic development. Councilmember Colson reported her attendance at a video confer- ence at San Jacinto College South in which Mrs. Coppinger partic- ipated as a panelist in the Keep America Beautiful program. Mrs. Colson attended the Tri -Tech breakfast and updated Council on the events and ideas of the Centennial Committee. As Library liaison, Councilmember Colson reported the consultant recently hired by the City to explore the possibility of expand- ing the current facility will be here April 16 and would welcome the opportunity to meet with the Mayor and Council for their input. Next week is National Library Week, Mrs. Colson informed. Councilmember Smith reported his attendance at the Tri -Tech breakfast and related he participated in the "Cardiac Arrest" event which raised funds for heart disease. As Emergency Manage- ment Director, Mr. Smith reported a table top meeting will be held on April 15 to prepare for the simulated hurricane exercise which will begin May 3. CITY MANAGER'S REPORT City Manager Grohman reported he would pass at this time but would be happy to answer any questions from Council. Mayor Coppinger reported he has received letters of commendation for the Parks Department activities and maintenance of grounds. City Manager Grohman discussed economic growth for the City. CITIZENS 1. Nell Fuller, 2213 N. Washington. Mrs. Fuller, representing the Exchange Club, presented American flag lapel pins to the Council. 2. Delores Fenwick, Clean Pearland. Mrs. Fenwick reported on the recent activities of this organization and thanked all involved. 3. Bobby Stevener. Mr. Stevener encouraged the Council to adopt a landscaping ordinance so that preservation of the City's trees will be considered in the planning process. City Manager Grohman reported material is being considered for a tree policy and should be forthcoming in approximately thirty days. Councilmember Smith reported progress is underway to raise funds for the 4th of July celebration. DOCKETED PUBLIC HEARINGS: None IR UNFINISHED BUSINESS It was moved by Councilmember Smith, seconded by Councilmember Frank, that the seven items contained on the agenda under Unfin- ished Business be adopted as a block following the reading of each respective caption by the City Attorney. It was discussed that some of these ordinances involved fees which were questioned on first reading and City Attorney Rorick advised that it would be in the best interest to consider each document individually. More discussion ensued with the seconder of the motion suggesting the motion be withdrawn. The maker of the motion asked that it be voted upon. Upon call for the question, motion failed 4 to 1, with Council - member Smith voting to adopt the ordinances on second and final reading as a block and Councilmembers Colson, Weber, Frank, and Miller voting no. ORDINANCE NO. 258-3, AMENDING THE CODE OF ORDINANCES AT CHAPTER 7, BY ADOPTING THE 1991 EDITION OF THE SOUTHERN STANDARD MECHANI- CAL CODE Ordinance No. 258-3 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Frank, that Ordinance No. 258-3 be passed and approved on its second and final reading as there are no changes in fees. Said Ordinance No. 258-3 reads in caption as follows: ORDINANCE NO. 258-3 AN ORDINANCE AMENDING CHAPTER 7, ARTICLE III., SECTION 7-51 AND SECTION 7-51.1., SUBSECTION (B) OF THE CITY CODE OF ORDINANCES, BY ADOPTING THE SOUTHERN STANDARD MECHANICAL CODE, 1991 EDITION, AND MAKING CERTAIN AMENDMENTS, MODIFICATIONS, ADDITIONS, AND DELETIONS THERETO; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 518-2, AMENDING THE CODE OF ORDINANCES AT CHAPTER 23 BY ADOPTING THE 1991 EDITION OF THE SOUTHERN STANDARD GAS CODE Ordinance No. 518-2 was read in caption by Councilmember Frank. It was moved by Councilmember Frank, seconded by Councilmember Colson, that Ordinance No. 518-2 be passed and approved on its second and final reading subject to there being no changes in fees. Division Director Richard Burdine confirmed there are no changes in fees in this document. Said Ordinance No. 518-2 reads in caption as follows: ORDINANCE NO. 518-2 AN ORDINANCE AMENDING CHAPTER 23, ARTICLE VI., SECTION 23-161 AND SECTION 23-161.1., SUBSECTION (B) OF THE CITY CODE OF ORDINANCES, BY ADOPTING THE SOUTHERN STANDARD GAS CODE, 1991 EDITION, AND MAKING CERTAIN AMENDMENTS, MODIFICATIONS, ADDITIONS AND DELETIONS THERETO; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 110-F, AMENDING THE CODE OF ORDINANCES AT CHAPTER 9 BY ADOPTING THE 1993 EDITION OF THE NATIONAL ELECTRICAL CODE Ordinance No. 110-F was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Colson, that Ordinance No. 110-F be passed and approved on its second and final reading. Said Ordinance No. 110-F reads in caption as follows: ORDINANCE NO. 110-F AN ORDINANCE AMENDING CHAPTER 9 OF THE CODE OF ORDI- NANCES, SECTION 9-34, SUBSECTION (E); SECTIONS 9-39, 9- 78, 9-79, AND 9-80; SECTION 9-105, SUBSECTION (A); SECTION 9-106; SECTION 9-153, 1993 EDITION OF THE RULES AND REGULATIONS OF THE NATIONAL FIRE PROTECTION ASSOCI- ATION (NATIONAL ELECTRICAL CODE), SUBSECTIONS (A) AND (B); SECTION 9-157, SUBSECTION (E); SECTION 9-159, SUBSECTIONS (C), (E), (H), AND (I); AND ADDING SECTION 9-162; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICA- TION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 520-1, AMENDING THE CODE OF ORDINANCES AT CHAPTER 7 BY ADOPTING THE 1991 EDITION OF THE STANDARD SWIMMING POOL CODE Ordinance No. 520-1 was read in caption by Councilmember Colson. It was moved by Councilmember Colson, seconded by Councilmember Frank, that Ordinance No. 520-1 be passed and approved on its second and final reading. Said Ordinance No. 520-1 reads in caption as follows: ORDINANCE NO. 520-1 AN ORDINANCE AMENDING CHAPTER 7, ARTICLE II -1/2, SEC- TION 7-26 OF THE CITY CODE OF ORDINANCES, BY ADOPTING THE STANDARD SWIMMING POOL CODE, 1991 EDITION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE 521-1, AMENDING THE CODE OF ORDINANCES AT CHAPTER 7 BY ADOPTING THE 1991 EDITION OF THE STANDARD HOUSING CODE Ordinance No. 521-1 was read in caption by Councilmember Smith. It was moved by Councilmember Smith, seconded by Councilmember Colson, that Ordinance No. 521-1 be passed and approved on its second and final reading. Said Ordinance No. 521-1 reads in caption as follows: ORDINANCE NO. 521-1 AN ORDINANCE AMENDING CHAPTER 7, ARTICLE II -3/4, SEC- TION 7-31 AND SECTION 7-31.1., SUBSECTIONS (C), (D), (E), (F), (G), (H) AND (I), OF THE CITY CODE OF ORDI- NANCES, BY ADOPTING THE STANDARD HOUSING CODE, 1991 EDITION, AND MAKING CERTAIN AMENDMENTS, MODIFICATIONS, ADDITIONS AND DELETIONS THERETO; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFI- CATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 551-1, AMENDING THE CODE OF ORDINANCES AT CHAPTER 23 BY ADOPTING THE 1991 EDITION OF THE SOUTHERN STANDARD PLUMBING CODE Ordinance No. 551-1 was read in caption by Councilmember Miller. It was moved by Councilmember Miller, seconded by Councilmember Frank, that Ordinance No. 551-1 be passed and approved on its second and final reading. Said Ordinance No. 551-1 reads in caption as follows: ORDINANCE NO. 551-1 AN ORDINANCE AMENDING CHAPTER 23, ARTICLE I., SECTION 23-1 OF THE CITY CODE OF ORDINANCES, BY ADOPTING THE SOUTHERN STANDARD PLUMBING CODE, 1991 EDITION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 224-10, AMENDING THE CODE OF ORDINANCES AT CHAPTER 7 BY ADOPTING THE 1991 EDITION OF THE STANDARD BUILDING CODE Ordinance No. 224-10 was read in caption by Councilmember Frank. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Ordinance No. 224-10 be passed and approved on its second and final reading. The changes in the fees as presented at the last meeting which contained an error in computation were discussed. City Manager Grohman informed these corrected amounts were mailed to Council since the time of the last meeting. Some Councilmembers noted these corrected fees were not included in the packets for this meeting and expressed the desire for these records so that com- parisons could be made. It was suggested a recess be called so that copies could be made. 18 MEETING RECESSED AT 8:30 P. M. MEETING RECONVENED AT 8:40 P. M. The amounts of the fees were discussed again. Said Ordinance No. 224-10 reads in caption as follows: ORDINANCE NO. 224-10 AN ORDINANCE AMENDING CHAPTER 7, ARTICLE II., SECTION 7-13.1, SUBSECTIONS (A) AND (F), BY ADOPTING THE STAND- ARD BUILDING CODE, 1991 EDITION, AND MAKING CERTAIN AMENDMENTS, MODIFICATIONS, ADDITIONS AND DELETIONS THERETO; HAVING A SAVINGS CLAUSE; HAVING A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Upon call for the question, Council voted as follows: Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS ADOPTION OF POLICIES AND FEE SCHEDULES AS PROPOSED BY THE PARKS, RECREATION, AND BEAUTIFICATION ADVISORY BOARD FOR USE OF PARK AND RECREATIONAL FACILITIES Mr. Vince Bruno, Chairman of the Parks Board, introduced his fellow board members. Mayor Coppinger extended the courtesy to Councilmember Miller as Parks liaison to begin the discussion. Councilmember Miller noted a few items and it soon became appar- ent from comments made by other Councilmembers that this item would require some extensive discussion. It was suggested a workshop be called with the Parks Board. It was moved by Councilmember Colson, seconded by Councilmember Frank, that this item be discussed in a workshop meeting before Council takes action on it. Motion passed 5 to 0. It was the consensus of Council that this workshop be held on April 26 at 6:00 P. M. before the regular Council meeting. Citizen Input: 1. Steve Lamkin, 2409 Parkview. Mr. Lamkin explained he is affiliated with the Unicorn School of Acting and discussed the impact of these proposed changes on users of these facilities. After hearing this testimony, it was suggested the workshop scheduled for the 26th of April begin at 5:00 P. M. with all interested parties invited. RATIFICATION OF CITY MANAGER'S APPOINTMENT OF CITY HEALTH AUTHOR- ITY City Manager Grohman asked for Council's ratification of his reappointment of Dr. David Armbruster as the City Health Authori- ty. It was moved by Councilmember Weber, seconded by Councilmember Colson, that City Manager Grohman's appointment of Dr. David Armbruster as the City Health Authority be ratified by Council. Motion passed 5 to 0. APPOINTMENT OF MEMBER TO ANIMAL CONTROL BOARD Council was not ready to act on this item and it was suggested this item as well as the next, Library Board appointments, be deferred to another meeting. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Items 3 and 4 be passed to a future meeting. It was suggested that Item 4 could be acted upon. The maker of the motion amended the motion to defer Item 3, Appointment to the Animal Control Board, only. The amended motion was seconded by Councilmember Miller. Motion passed 5 to 0. APPOINTMENT OF MEMBERS TO THE LIBRARY BOARD It was moved by Councilmember Colson, seconded by Councilmember Frank, that Vicki Prebilski be reappointed to a three year term, that Penny Woodward be appointed to a three year term, and that Bill Todd be appointed to fill the unexpired term of Ed Fondren. Motion passed 5 to 0. RESOLUTION NO. R93-17, STOP SIGNS IN HAZELDALE SUBDIVISION Resolution No. R93-17 was read in caption by Mayor Coppinger. City Manager Grohman reported these stop signs were requested by citizens and found to be warranted. It was moved by Councilmember Weber, seconded by Councilmember Miller, that Resolution No. R93-17 be passed and approved on its first and only reading. Said Resolution No. R93-17 reads in caption as follows: RESOLUTION NO. R93-17 A RESOLUTION AUTHORIZING, DIRECTING, AND RATIFYING PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND, TEXAS, SO AS TO CREATE A THREE-WAY STOP INTERSECTION AT THE INTERSECTION OF SHAUNTEL AND JACK; A STOP INTERSECTION AT THE INTERSECTION OF SANDRA AND SHAUNTEL; AND A STOP INTERSECTION AT THE INTERSEC- TION OF SHAUNTEL AND JAMES (HAZELDALE SUBDIVISION). Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 450-12, AMENDING ORDINANCE NO. 450, ESTABLISHING AND REESTABLISHING CLASSIFICATIONS AND NUMBER OF AUTHORIZED POSITIONS IN THE CLASSIFIED SERVICE OF THE CITY Ordinance No. 450-12 was read in caption by Councilmember Colson. It was moved by Councilmember Smith that Ordinance No. 450-12 be passed and approved on its first of two readings. Motion died for lack of a second. Mayor Coppinger asked City Manager Grohman if he would like to 20 comment. Mr. Grohman informed this recommendation came from Chief Hogg who is trying to reorganize the Police Department in compliance with the wishes of the Council. This move would not add any additional people but would involve a demotion to more evenly distribute the supervisory duties among lieutenants. The current captain is not left in charge of duties when the Chief is out and this would allow the three lieutenants a more equal share in the supervisory duties. The captain's position is not anticipated to be filled anytime soon, Mr. Groh - man said, although the Chief is legally entitled to appoint this position. Discussion followed concerning number of employees, appointment to the captain's position, the duties of the two lieutenants and the captain, the amount of pay reduction with this proposed demotion, and the fact that this individual who holds the cap- tain's position would be eligible for overtime if this change occurs. It was suggested this item be discussed in Executive Session at a future date. RECEIVE INTO RECORDS SUBMISSION FROM PLANNING AND ZONING COMMIS- SION REGARDING SPECIFIC USE REQUEST NO. SP -24, BILL WOOTTON, OWNER, AND COUNCIL DECISION THEREON It was moved by Councilmember Weber, seconded by Councilmember Miller, that, based upon the recommendation of the Planning and Zoning Commission, SP -24 be denied. Motion passed 5 to 0. ORDINANCE NO. 509-37, AMENDING LAND USE ORDINANCE, TO GRANT A SPECIFIC USE PERMIT TO JAMES AND JANICE PASKET, OWNERS Ordinance No. 509-37 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Colson, that Ordinance No. 509-37 be passed and approved on its first of two readings. Said Ordinance No. 509-37 reads in caption as follows: ORDINANCE NO. 509-37 AN ORDINANCE AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEAR - LAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT TO ERECT A METAL BUILDING FOR USE AS A GENERAL MACHINE SHOP IN A COMMERCIAL ZONE ON LOTS 9 AND 10 OF THE THOMAS A. GILBERT INDUSTRIAL TRACT SUBDIVISION OUT OF TRACT 119 OF THE A.C.H. & B. SURVEY, SECTION 1, ABSTRACT 147, BRAZORIA COUNTY, TEXAS; AT THE REQUEST OF JAMES R. AND JANICE PASKET, OWNERS; PROVIDING AN AMEND- MENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; PROVIDING A PENALTY FOR VIOLATION AND OTHER PROVISIONS RELATED TO THE SUBJECT. Voting "Aye" - Councilmembers Miller, Frank, Weber, Colson, and Smith. Voting "No" - None. Motion passed 5 to 0. ORDINANCE NO. 509-38, AMENDING LAND USE ORDINANCE, TO GRANT A SPECIFIC USE PERMIT TO SUZANNE S. STOREY, AGENT FOR CUELLAR, ET AL, OWNERS Ordinance No. 509-38 was read in caption by Councilmember Colson. It was moved by Councilmember Colson, seconded by Councilmember Weber, that Ordinance No. 509-38 be passed and approved on its first of two readings. Said Ordinance No. 509-38 reads in caption as follows: ORDINANCE NO. 509-38 AN ORDINANCE AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEAR - LAND, TEXAS, FOR THE PURPOSE OF GRANTING A SPECIFIC USE PERMIT TO BUILD A CHURCH IN AN R-1, SINGLE FAMILY DWELLING DISTRICT ON A 9.81470 ACRE TRACT OF LAND BEING LOT 25B, WILLITS SUBDIVISION, AND LOTS 32 AND 33, NARREGANGS SUBDIVISION OUT OF THE W.D.C. HALL SURVEY, A-70, BRAZORIA COUNTY, TEXAS; AT THE REQUEST OF SUZANNE S. STOREY, AGENT FOR CUELLAR, ET AL; OWNERS, PROVIDING AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, AN EFFECTIVE DATE; PROVIDING A PENALTY FOR VIOLATION AND OTHER PROVISIONS RELATED TO THE SUBJECT. Voting "Aye" - Councilmembers Smith, Colson, Weber, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. OTHER BUSINESS: None ADJOURNMENT The meeting adjourned at 9:28 P. M. Minutaps approved as submitted and/or corrected this �2- e,' day of A. D., 1993. C. V. CoppX04er, yor ATTEST: Pat Jones, ty Secretary 9i