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1994-01-10 CITY COUNCIL REGULAR MEETING MINUTESMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON JANUARY 10, 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 C. V. Coppinger Mayor Pro Tem/Councilmember Joy Colson Councilmember D. A. Miller (entered Chambers at 7:35 P.M.) Councilmember Benny Frank Councilmember Randy Weber Councilmember David Smith City Manager Paul Grohman City Attorney Marilyn Mieszkuc Dick Gregg, Jr. City Secretary Pat Jones Others in attendance: Division Directors Glen Erwin and Richard Burdine, City Engineer John Hargrove, and Police Chief Mike Hogg. INVOCATION AND PLEDGE OF ALLEGIANCE The invocation was given by Councilmember Weber. The Pledge of Allegiance was led by Councilmember Frank. APPROVAL OF MINUTES It was moved by Councilmember Frank, seconded by Councilmember Colson, that the minutes of the joint public hearing of December 13, 1993, be approved as submitted. Motion passed 4 to 0, with Councilmember Miller not present yet. It was moved by Councilmember Frank, seconded by Councilmember Weber, that the minutes of the regular meeting of December 13, 1993, be approved as submitted. The approval of the motion was in question as Councilmembers Frank and Weber voted "aye" while Councilmembers Colson and Smith abstained with Councilmember Miller not present. There was no legal counsel present yet and it was suggested the City Attorney be questioned later for his ruling. (When later questioned by City Secretary Jones, City Attorney Gregg advised that the minutes should be put back on a future Council agenda for consideration of approval and/or correction.) It was moved by Councilmember Smith, seconded by Councilmember Weber, that the minutes of the regular meeting of December 20, 1993, be approved as submitted. Motion passed 4 to 0. MAYOR'S ACTIVITY REPORT Mayor Coppinger called upon former Mayor Tom Reid, Chairman of the Centennial Commission. Mr. Reid reported on the work the Commission has done to prepare for the City's centennial celebration. Former City Secretary Dorothy Cook and Clean Pearland Director Delores Fenwick are on the Commission with him, Mr. Reid said, with Councilmember Joy Colson, School Board President Dick Wagoner and Chamber of Commerce representative Jayne Ann Miller making invaluable contributions. The Chamber itself has been a superb partner in this planning endeavor, Mr. Reid related. Mr. Reid introduced Ben Lenamon, a local artist and long time !• Pearland resident, who had been commissioned to do the Centennial painting. Mr. Lenamon unveiled the Centennial painting which depicted 12 important aspects of the City's history. Mr. Lenamon's work was praised and Mr. Lenamon stated he looked forward to an exciting year in the City's history and thanked the Commission for the privilege of appointing him to create the Centennial painting. Representatives of the Board of Directors of Westside Bank presented a check to the Commission in the amount of $5,000 to help with the advance printing costs of a book which will depict the City's history. Continuing his report, Mayor Coppinger commented on the City's sales tax receipts which City Manager Grohman stated had remained at the same level for the last few years. Mr. Grohman stated he felt this was due to a lack of retail growth in the City and shopping done outside the City limits. The recent accident at Clover Field which resulted in the loss of five lives was commented on. COUNCIL ACTIVITY REPORTS Councilmember Miller had nothing to report at this time. Councilmember Frank briefly commented on a meeting with the School Board and asked Councilmember Weber, his co -liaison to the Board, to comment further when he gave his report. Councilmember Colson had nothing to report at this time. Councilmember Weber reported that the proposed road for the high school site has been determined to be 16' into the right-of-way which is more than originally thought. Mr. Weber asked permission from the Council to address the School Board at its meeting tomorrow night to discuss a solution with School representatives. Council gave its concurrence. Design of the road, location of the adjacent ballfield, funding, and time frame for completion were discussed. Closing his remarks, Councilmember Weber commended Officers Holloman and Carson who attended funeral services for two of the air crash victims and exemplified compassion for the family. Councilmember Smith reported the EMS is setting new records each week with the number of calls answered. Mr. Smith commended the volunteers, saying more were needed. Closing his report, Councilmember Smith reminded that the Clear Creek Watershed Committee would be meeting January 12. CITY MANAGER'S REPORT City Manager Grohman reported on the progress of the alteration to City Hall to combine Utility Billing and Municipal Court. Teen Court will hold its session on January 15 in Council Chambers, Mr. Grohman informed. There was a ribbon cutting ceremony at Rotary Park which has been refurbished and made more accessible to the disabled, Mr. Grohman reported. When questioned by Mayor Coppinger, Mr. Grohman responded regarding the enforcement of the sign ordinance with regard to portable signs. It is in effect, Mr. Grohman stated, but some things have to be worked out with the City Attorney's guidance. CITIZENS 1. Myrtlee Massey Meade, 2430 S. Washington. Mrs. Meade spoke again about property she oversaw as executor of a will. The property was sold at a loss to the heirs, but was later allowed to be used as a residence, a use not allowed to the L15 those who inherited the property, Mrs. Meade informed. Closing her remarks, Mrs. Meade stated the City owes the estate $25,525 and asked for settlement. Mayor Coppinger advised City Attorney Gregg is still looking into this matter. 2. Ben Best, 2414 S. Park. Mr. Best referred to Mayor Coppinger's recent statements regarding lawsuits involving Mrs. Frances Jamison, noting that Mayor Coppinger, according to Mr. Best, had more outstanding litigation cases than Mrs. Jamison. 3. Nita Booth, 5404 Apple Springs. Mrs. Booth stated she represented the West Side Civic Club and spoke about street flooding and drainage in Corrigan Subdivision. 4. Charles McMurrey, 5209 Spring Branch. Mr. McMurrey urged the election of councilmembers by single member districts. 5. L. B. Lyon, 5013 Apple Springs. Mr. Lyons discussed detention ponds, inflow and infiltration, and complimented Jose Palomares of the Sewer Department and his crew. 6. Jim Sudela, 2426 Parkview. Mr. Sudela urged the enforcement of the sign ordinance as it pertains to portable signs. 7. Tootie McComb, 3914 Shadycrest. Mrs. McComb indicated she wished to relinquish her time to Ms. Daphne Hereford. 8. Frances Jamison, FM 518. Mrs. Jamison indicated she did not wish to speak. 9. Daphne Hereford, 2904 Yost. Ms. Hereford stated her objections to Mayor Coppinger's comments about Mrs. Frances Jamison at a previous Council meeting. MEETING RECESSED AT 8:57 P. M. MEETING RECONVENED AT 9:12 P. M. DOCKETED PUBLIC HEARINGS: None UNFINISHED BUSINESS ORDINANCE NO. 509-45, AMENDING LAND USE ORDINANCE, REQUEST OF BRUCE AND ROBIN CLEMMONS, OWNERS, FOR A SPECIFIC USE PERMIT IN A MULTI- FAMILY DISTRICT Ordinance No. 509-45 was read in caption by Councilmember Weber. It was moved by Councilmember Weber, seconded by Councilmember Smith, that Ordinance No. 509-45 be passed and approved on its second and final reading. Said Ordinance No. 509-45 reads in caption as follows: ORDINANCE NO. 509-45 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 GRANTING A SPECIFIC USE PERMIT TO ALLOW A DAYCARE IN A MULTI -FAMILY DISTRICT (MF) ON SECTION 3, A-232 OF THE ALLISON RICHEY GULF COAST HOME COMPANY'S SUBURBAN GARDENS SUBDIVISION, H.T. & B.R.R. COMPANY SURVEY, BRAZORIA COUNTY, TEXAS, AT THE REQUEST OF BRUCE AND ROBIN CLEMMONS, OWNERS; PROVIDING FOR AN AMENDMENT TO THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE; AND OTHER PROVISIONS RELATED TO THE SUBJECT. Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller. net Voting "No" - None. Motion passed 5 to 0. NEW BUSINESS AWARD OF REQUEST FOR PROPOSAL, FINANCIAL MANAGEMENT INFORMATION COMPUTER SYSTEM, FIRST PHASE OF COMPUTER INSTALLATION, PURCHASE OF HARDWARE AND SOFTWARE Chip Collins, President and CEO of the Accord Group, introduced himself and stated his company, a management consulting firm out of Plano, Texas, has been working with the City for approximately a year to determine its needs. Using an overhead projector, Mr. Collins discussed the City's computer needs and the methods used to make a recommendation for the first phase. Finalists for software were narrowed to two: U.S.T.I. of Irving, Texas, and HTE of Orlando, Florida. After site visits and other considerations, the consensus of those involved in the selection process was to choose HTE for the software, Mr. Collins informed. Key recommendations, Mr. Collins continued, are to acquire an IBM AS/400 with the application software from HTE. The recommended software will facilitate procedures for financial accounting, payroll and personnel, utility billing, work order management, fixed asset management, purchasing and inventory, and cash receipts. There was a lengthy discussion regarding all aspects of computer analysis, time frames for installation, future needs, and financing. It was moved by Councilmember Frank, seconded by Councilmember Smith, that Council enter into a contract with IBM for financial management information computer system for the first phase of computer installation for the purchase of hardware and system software with direction to the Accord Group to negotiate with HTE, coming back to Council and Staff with a recommendation. Motion passed 5 to 0. RESOLUTION NO. R94-1, AMENDING RESOLUTION NO. R92-41 AND ESTABLISHING RULES OF PROCEDURE AND ORDER OF BUSINESS FOR CITY COUNCIL Resolution No. R94-1 was read in caption by Mayor Coppinger. Councilmember Weber stated he had requested this amendment to the rules of procedure for clarification. Mr. Weber recalled there was a question regarding the procedure for placement of an item on the agenda at a recent Council meeting for which the date had been changed due to the holiday season. It was moved by Councilmember Weber, seconded by Councilmember Smith, that Resolution No. R94-1 be passed and approved on its first and only reading. Said Resolution No. R94-1 reads in caption as follows: RESOLUTION NO. R94-1 A RESOLUTION OF THE CITY OF PEARLAND, TEXAS, AMENDING RESOLUTION NO. R92-41, AS IT MAY HAVE BEEN AMENDED FROM TIME TO TIME, FOR THE PURPOSE OF ESTABLISHING AND REESTABLISHING CERTAIN RULES OF PROCEDURE AND ORDER OF BUSINESS FOR THE CITY COUNCIL AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R94-2, CONCERNING REPORT TO EPA REGARDING BARRY ROSE WASTEWATER TREATMENT PLANT Resolution No. R94-2 was read in caption by Mayor Coppinger. Division Director Richard Burdine discussed the provisions of the resolution which will accompany the report to the Environmental Protection Agency. Passage of this resolution and the one to follow on the agenda is an indication to the EPA that Council is aware of the situation at the City's plants, Mr. Burdine stated. Future growth and needs were discussed as well as financing. It was moved by Councilmember Weber, seconded by Councilmember Frank, that Resolution No. R94-2 be passed and approved on its first and only reading. A copy of the report is on file in the office of the City Secretary. Said Resolution No. R94-2 reads in caption as follows: RESOLUTION NO. R94-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONCERNING THE MUNICIPAL WATER POLLUTION PREVENTION ENVIRONMENTAL ANALYSIS REPORT TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR THE BARRY ROSE WASTEWATER TREATMENT PLANT. Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R94-3, CONCERNING REPORT TO EPA REGARDING LONGWOOD WASTEWATER TREATMENT PLANT Resolution No. R94-3 was read in caption by Mayor Coppinger. It was noted this document is the same as the agenda item above but addresses the Longwood site. City Engineer John Hargrove stated some success is being had with the management of inflow and infiltration at this plant. It was moved by Councilmember Smith, seconded by Councilmember Weber, that Resolution No. R94-3 be passed and approved on its first and only reading. A copy of the report is on file in the office of the City Secretary. Said Resolution No. R94-3 reads in caption as follows: RESOLUTION NO. R94-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CONCERNING THE MUNICIPAL WATER POLLUTION PREVENTION ENVIRONMENTAL ANALYSIS REPORT TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR THE LONGWOOD WASTEWATER TREATMENT PLANT. Voting "Aye" - Councilmembers Miller, Frank, Colson, Weber, and Smith. Voting "No" - None. Motion passed 5 to 0. RESOLUTION NO. R94-4, AUTHORIZING STOP SIGNS IN GREEN TEE SUBDIVISION Resolution No. R94-4 was read in caption by Mayor Coppinger. City Manager Grohman stated this request was from a citizen and study showed the signage was warranted. It was moved by Councilmember Frank, seconded by Councilmember Smith, that Resolution No. R94-4 be passed and approved on its first and only reading. Said Resolution No. R94-4 reads in caption as follows: RESOLUTION NO. R94-4 A RESOLUTION AUTHORIZING AND DIRECTING THE PLACEMENT AND ERECTION OF CERTAIN STOP SIGNS WITHIN THE CITY OF PEARLAND UPON GREEN TEE DRIVE AND MOORE DRIVE, CREATING A THREE-WAY STOP INTERSECTION AT THE (T) INTERSECTION OF THESE TWO STREETS (GREEN TEE SUBDIVISION). Voting "Aye" - Councilmembers Smith, Weber, Colson, Frank, and Miller. Voting "No" - None. Motion passed 5 to 0. PRESENTATION BY CITY ATTORNEY CONCERNING REPORT OF PRIVATE INVESTIGATOR MIKE OUALLINE City Attorney Gregg read the investigator's report dated December 21, 1993. This report is on file in the office of the City Secretary. At the close of the presentation, Council, Mayor Coppinger, and City Manager Grohman gave their respective comments. APPOINTMENT OF ONE MEMBER TO THE PLANNING AND ZONING COMMISSION TO FILL THE UNEXPIRED TERM OF PATSY EILERS AUTHORIZATION FOR STAFF TO PROCEED WITH ACQUISITION OF LAND FOR FIRE AND EMS STATION Mayor Coppinger announced these two items would be considered after Executive Session. OTHER BUSINESS MEETING RECESSED TO EXECUTIVE SESSION AT 10:57 P. M. UNDER TEXAS GOVERNMENT CODE Mayor Coppinger read from the posted agenda the following topics to be discussed in Executive Session: UNDER SECTION 551.074 - PERSONNEL MATTERS - Discussion of appointment of one member to the Planning and Zoning Commission to fill the unexpired term of Patsy Eilers. UNDER SECTION 551.072 - DELIBERATION REGARDING REAL PROPERTY - 1) Discussion regarding acquisition of land for Fire and EMS Station and 2) Discussion regarding acquisition of right-of-way for YMCA Drive. MEETING RETURNED TO OPEN SESSION AT 11:47 P. M. NEW BUSINESS: Continued APPOINTMENT OF ONE MEMBER TO THE PLANNING AND ZONING COMMISSION TO FILL THE UNEXPIRED TERM OF PATSY EILERS It was moved by Councilmember Frank, seconded by Councilmember Colson, that Barbara Lenamon be appointed to the Planning and Zoning Commission to fill the unexpired term of Patsy Eilers. Motion passed 4 to 1, with Councilmember Smith voting no. i 2,20 AUTHORIZATION FOR STAFF TO PROCEED WITH ACQUISITION OF LAND FOR FIRE AND EMS STATION It was moved by Councilmember Smith, seconded by Councilmember Frank, that any action be postponed until a later date. Motion passed 5 to 0. ADJOURNMENT The meeting adjourned at 11:50 P. M. Minute approved as submitted and/or corrected this day of A. D., 1994. C. V. Copp' er, Mayor ATTEST: Fat --Jones,, ity Secretary